HomeMy WebLinkAbout2023.09.18 Council Meeting Packet
AGENDA
City Council Regular Meeting
7:00 PM - Monday, September 18, 2023
Pasco City Hall, Council Chambers & GoToWebinar
Page
1. MEETING INSTRUCTIONS for REMOTE ACCESS - Individuals, who would
like to provide public comment remotely, may continue to do so by filling out
the online form via the City’s website (www.pasco-wa.gov/publiccomment) to
obtain access information to comment. Requests to comment in meetings
must be received by 4:00 p.m. on the day of this meeting.
To listen to the meeting via phone, call (415) 655-0060 and use access code
307-404-066.
City Council meetings are broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-
wa.gov/psctvlive and on the City’s Facebook page at
www.facebook.com/cityofPasco.
2. CALL TO ORDER
3. ROLL CALL
(a) Pledge of Allegiance
4. EXECUTIVE SESSION
(a) Discussion with legal counsel about current or potential litigation
per RCW 42.30.110(1)(i) (10 minutes)
5. CONSENT AGENDA - All items listed under the Consent Agenda are
considered to be routine by the City Council and will be enacted by roll call
vote as one motion (in the form listed below). There will be no separate
discussion of these items. If further discussion is desired by Councilmembers,
the item may be removed from the Consent Agenda to the Regular Agenda
and considered separately.
5 - 10 (a) Approval of Meeting Minutes for September 5th
Page 1 of 121
To approve the minutes of the Pasco City Council Regular Meeting
held on September 5, 2023.
11 - 12 (b) Bills and Communications - Approving Claims in the Total
Amount of $9,352,709.75.
To approve claims in the total amount of $9,352,709.75 ($11,653.38 in
Check Nos. 54554 - 54570; $1,159,072.61 in Electronic Transfer Nos.
30196071 - 30196759; $8,113,272.87 in Check Nos. 258427 - 258774;
$68,710.89 in Electronic Transfer Nos. 842854).
13 - 18 (c) Resolution No. 4371 – PWRF Improvements Ph 1 Utility Extension
Project Acceptance
To approve Resolution No. 4371, accepting work performed by Tapani
Inc., of Battle Ground, Washington, under contract for the Process
Water Reuse Facility Improvements - Phase 1 Utility Extension Project
No. 19055.
(RC) MOTION: I move to approve the Consent Agenda as read.
6. PROCLAMATIONS AND ACKNOWLEDGEMENTS
7. PUBLIC COMMENTS - The public may address Council on any items unless
it relates to a scheduled Public Hearing. This item is provided to allow the
opportunity to bring items to the attention of the City Council or to express an
opinion on an issue. Its purpose is not to provide a venue for debate or for the
posing of questions with the expectation of an immediate response. Some
questions require consideration by Council over time and after a deliberative
process with input from a number of different sources; some questions are
best directed to staff members who have access to specific information.
Citizen comments will normally be limited to three minutes each by the Mayor.
Those with lengthy messages are invited to summarize their comments and/or
submit written information for consideration by the Council outside of formal
meetings.
8. REPORTS FROM COMMITTEES AND/OR OFFICERS
(a) Verbal Reports from Councilmembers
9. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO
10. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
19 - 56 (a) *Q Ordinance No. 4683 - Barker Heights Rezone from R-S-1 to R-
3 (Z 2023-003)
MOTION: I move to adopt Ordinance No. 4683, amending the zoning
classification of certain real property located west of Broadmoor
Page 2 of 121
Boulevard near the intersection of Iris Road, Pasco, Franklin County,
Washington, from R-S-1 to R-3 and, further, authorize publication by
summary only.
57 - 98 (b) *Q Ordinance No. 4684 - TSK 2009 LLC Rezone from R-4 to C-1 (Z
2023-004)
MOTION: I move to adopt Ordinance No. 4684, amending the zoning
classification of certain real property located along the northwest
corner of the intersection of Burns Road and Bro admoor Boulevard,
Pasco, Franklin County, Washington, from R-3 to C-1 and further,
authorize publication by summary only.
99 - 119 (c) Resolution No. 4372 - I-182 & Broadmoor Interchange
Construction Management PSA
MOTION: I move to approve Resolution No. 4372, authorizing the City
Manager to execute a PSA with Atlas Consultant LLC., for construction
management services for the I-182 and Broadmoor Interchange
Improvement Project.
11. UNFINISHED BUSINESS
12. NEW BUSINESS
13. MISCELLANEOUS DISCUSSION
14. ADJOURNMENT
15. ADDITIONAL NOTES
(a) (RC) Roll Call Vote Required
* Item not previously discussed
Q Quasi-Judicial Matter
MF# “Master File #....”
120 - 121 (b) Adopted 2020-2021 Council Goals (Reference Only)
(c) REMINDERS
• Monday, September 18, 6:00 PM: LEOFF Disability Board –
City Hall Conference Room 1, Pasco City Hall (MAYOR
BLANCH BARAJAS, Rep.; MAYOR PRO TEM CRAIG
MALONEY, Alt.)
• Tuesday, September 19, 4:00 PM: Pasco Public Facilities
District Board Meeting – Council Chambers, Pasco City Hall
(MAYOR PRO TEM CRAIG MALONEY, Rep.;
COUNCILMEMBER DAVID MILNE, Alt.)
Page 3 of 121
• Monday, September 25, 4:00 PM: Hanford Area Economic
Investment Fund Advisory Committee Meeting – Ben
Franklin Transit Main Conference Room
(COUNCILMEMBER PETE SERRANO, Rep.)
This meeting is broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at
www.pasco-wa.gov/psctvlive.
Audio equipment available for the hearing impaired; contact the
Clerk for assistance.
Servicio de intérprete puede estar disponible con aviso. Por favor
avisa la Secretaria Municipal dos días antes para garantizar la
disponibilidad. (Spanish language interpreter service may be
provided upon request. Please provide two business day's notice
to the City Clerk to ensure availability.)
Page 4 of 121
AGENDA REPORT
FOR: City Council September 13, 2023
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 9/18/23
FROM: Debra Barham, City Clerk
City Manager
SUBJECT: Approval of Meeting Minutes for September 5th
I. REFERENCE(S):
09.05.2023 Draft Council Minutes
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve the minutes of the Pasco City Council Regular Meeting held on
September 5, 2023.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 5 of 121
MINUTES
City Council Regular Meeting
7:00 PM - Tuesday, September 5, 2023
Pasco City Hall, Council Chambers & GoToWebinar
CALL TO ORDER
The meeting was called to order at 7:00 PM by Craig Maloney, Mayor. Pro Tem
ROLL CALL
Councilmembers present: Craig Maloney, Irving Brown, Joseph Campos, David
Milne, Zahra Roach, and Pete Serrano
Councilmembers absent: Blanche Barajas
Staff present: Adam Lincoln, City Manager; Richa Sigdel, Deputy City Manager;
Darcy Buckley, Finance Director; Eric Ferguson, City Attorney; Kevin Crowley, Fire
Chief; Eric Ferguson, Jacob Gonzalez, Community & Economic Development
Director; City Attorney; Jesse Rice, Information Technology Director & Interim
Administrative & Community Services Director; Ken Roske, Police Chief; Steve
Worley, Public Works Director; and Debby Barham, City Clerk
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA
Approval of Meeting Minutes for August 21st and August 28th
To approve the minutes of the Pasco City Council Regular Meeting and Regular
Workshop held on August 21, 2023 and August 28, 2023 respectively.
Bills and Communications - Approving Claims in the Total Amount of
$7,818,775.45
To approve claims in the total amount of $7,818,775.45 ($9,268.70 in Check Nos.
54538 - 54553; $1,151,536.92 in Electronic Transfer Nos. 30195379 - 30196070;
$6,476,426.33 in Check Nos. 258076 - 258426; $181,543.50 in Electronic Transfer
Nos. 841964 - 841977, 841980, 842019 - 842047, 842116 - 842118, 842127 -
Page 1 of 5Page 6 of 121
842163, 842186 - 842236, 842186 - 842236, 842260 - 842338, 842360 - 842486,
842518 - 842539, 842548 - 842561, 842566 - 842568, 842570 - 842600).
Ordinance No. 4680 - Amending Pasco Municipal Code Section 25.180.050
Related to Corner Lot Fencing (CA2021-009)
To adopt Ordinance No. 4680, amending the Pasco Municipal Code Section
25.180.050 "Design Standards related to Corner Lot Fencing and, further, authorize
publication by summary only.
Resolution No. 4370 - Interlocal Agreement with Pasco School District for
Joint Use of Facilities
To approve Resolution No. 4370, authorizing the City Manager to execute an
Interlocal Agreement between the Pasco School District No. 1 and the City of Pasco
for Joint Use of Facilities.
MOTION: Councilmember Brown moved, seconded by Councilmember Serrano
to approve the Consent Agenda as read.
RESULT: Motion carried unanimously 6-0
AYES: Mayor Pro Tem Maloney, Councilmember Brown,
Councilmember Campos, Councilmember Milne,
Councilmember Roach, and Councilmember Serrano
ABSENT: Mayor Barajas
PUBLIC COMMENTS
Marylou Martinez, Pasco resident, commented on short term rentals and requested that
the City of Pasco allow short term rentals within the City limits.
Peter Harpster, Pasco resident, commented on recent campaign sign vandalism to his
and other's signs. He also provided a statement against racism.
Steve Bauman, Franklin County resident and Franklin County Republican Party Chair,
denounced racism. Then he expressed concern regarding the issue with his business
license. Lastly, he commented on his Jefferson Landing Rezone project.
Kim Lehrman, Pasco resident, asked for action to stop racism by reinstating the IDEC.
Thomas Granbois, Pasco resident, commented on the attacks against Mr. Brown and
stated that racism needs to be condemned.
REPORTS FROM COMMITTEES AND/OR OFFICERS
General Fund Monthly Report - July 2023
Page 2 of 5Page 7 of 121
Ms. Buckley provided a brief report on the general fund, as well as the American
Rescue Plan Act (ARPA) funding.
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
Ordinance No. 4681 - Ziply Fiber Franchise Agreement
Mr. Ferguson provided a brief recap of the proposed Optic Fiber Cable Franchise
Agreement with Ziply Fiber.
MOTION: Councilmember Brown moved, seconded by Councilmember Campos
to adopt Ordinance No. 4681, approving a non-exclusive franchise to construct,
install, maintain, repair, or remove fiber optic cables within the public ways of the
City of Pasco and, further, authorize publication by summary only.
RESULT: Motion carried unanimously 6-0
AYES: Mayor Pro Tem Maloney, Councilmember Brown,
Councilmember Campos, Councilmember Milne,
Councilmember Roach, and Councilmember Serrano
ABSENT: Mayor Barajas
Ordinance No. 4682 - Cole's Estates Rezone from C-1 to MU (Z 2023-002)
Mayor Pro Tem Maloney announced that the proposed rezone for Cole's Estates
was a quasi-judicial action and asked Mr. Ferguson to explain the procedure for
quasi-judicial items.
Mr. Ferguson read the quasi-judicial procedure including how the Appearance of
Fairness Doctrine applies to it. Next, he asked all Councilmembers a series of
questions associated with potential conflicts of interest to disclose such potential
conflicts or appearance of conflicts. With no response from the Councilmembers,
he asked if any members of the public were seeking to disqualify a member of
Council from participating in the proceedings. No one came forward.
Mr. Serrano commented that the zoning of the property has an interesting history.
MOTION: Councilmember Brown moved, seconded by Councilmember Campos
to adopt Ordinance No. 4682, amending the zoning classification of certain real
property located along the north side of Sandifur Parkway between Roads 90
and 92, Pasco, Franklin County, Washington, from C -1 to MU and, further,
authorize publication by summary only.
RESULT: Motion carried. 5-1
AYES: Mayor Pro Tem Maloney, Councilmember Brown,
Councilmember Campos, Councilmember Milne, and
Councilmember Roach
NAYS: Councilmember Serrano
ABSENT: Mayor Barajas
Page 3 of 5Page 8 of 121
MISCELLANEOUS DISCUSSION
Mr. Lincoln announced the Fiery Foods Festival scheduled for September 9th.
Mr. Campos commented on a recent visit he had with Mr. Milne.
Mayor Pro Tem Maloney expressed a swift recovery to Mr. Milne.
Mr. Serrano stated since there is a light agenda for next week's Council Workshop, it
was suggested that Council cancel the September 11th Workshop meeting.
Cancelation of September 11, 2023, Council Workshop
MOTION: Councilmember Serrano moved, seconded by Councilmember
Campos to cancel the September 11, 2023, Council Workshop.
RESULT: Motion carried unanimously 6-0
AYES: Mayor Pro Tem Maloney, Councilmember Brown,
Councilmember Campos, Councilmember Milne,
Councilmember Roach, and Councilmember Serrano
ABSENT: Mayor Barajas
MISCELLANEOUS DISCUSSION CONTINUED
Mayor Pro Tem Maloney announced his resignation effective October 2, 2023.
Council expressed surprise to Mayor Pro Tem Maloney's announcement and
complimented him for his many contributions as a City Councilmember during the past
six years.
Mr. Lincoln thanked Mayor Pro Tem Maloney for his service and explained next steps
and post the vacancy as soon as September 6th.
Mr. Serrano suggested waiting until the general election is certified.
Mr. Ferguson stated that the appointee must be seated within 90 days of the
resignation. He also provided the qualifications of a candidate.
Post Council Position No. 6 Vacancy
MOTION: Councilmember Campos moved, seconded by Councilmember Roach
to post the vacancy for Council Position No. 6, servicing Council District 6, as
early as September 6th.
RESULT: Motion carried. 5-1
Page 4 of 5Page 9 of 121
AYES: Mayor Pro Tem Maloney, Councilmember Brown,
Councilmember Campos, Councilmember Milne, and
Councilmember Roach
NAYS: Councilmember Serrano
ABSENT: Mayor Barajas
ADJOURNMENT
There being no further business, the meeting was adjourned at 8:11 PM.
PASSED and APPROVED this ____ day of ________________, 20__.
APPROVED: ATTEST:
Blanche Barajas, Mayor Debra Barham, City Clerk
Page 5 of 5Page 10 of 121
AGENDA REPORT
FOR: City Council September 14, 2023
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 9/18/23
FROM: Darcy Buckley, Finance Director
Finance
SUBJECT: Bills and Communications - Approving Claims in the Total Amount of
$9,352,709.75.
I. REFERENCE(S):
Accounts Payable 09.13.23
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve claims in the total amount of $9,352,709.75 ($11,653.38 in Check
Nos. 54554 - 54570; $1,159,072.61 in Electronic Transfer No s. 30196071 -
30196759; $8,113,272.87 in Check Nos. 258427 - 258774; $68,710.89 in
Electronic Transfer Nos. 842854).
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 11 of 121
REPORTING PERIOD:
September 18, 2023
Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined
Check Numbers 258427 - 258774 54554 - 54570
Total Check Amount $8,113,272.87 $11,653.38 Total Checks 8,124,926.25$
Electronic Transfer Numbers 842854 30196071 - 30196759
Total EFT Amount $68,710.89 $1,159,072.61 $0.00 $0.00 Total EFTs 1,227,783.50$
Grand Total 9,352,709.75$
Councilmember
100 624,626.74
110 59,454.56
140 22,771.94
145 3,730.16
150 71,562.46
160 16,035.46
165 1,099.71
168 60,530.78
170 2,364.54
180 6,850.70
185 66.58
188 56,637.79
190 5,733.31
191 13,541.67
194 255,118.76
195 160.67
367 2,290,644.38
410 4,470,359.34
510 117,387.40
511 17,956.77
520 68,710.89
690 1,187,365.14
GRAND TOTAL ALL FUNDS:9,352,709.75$
PAYROLL CLEARING
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
EQUIPMENT RENTAL - OPERATING BUSINESS
MEDICAL/DENTAL/VISION INSURANCE
ECONOMIC DEVELOPMENT
STADIUM/CONVENTION CENTER
GENERAL CAP PROJECT CONSTRUCTION
UTILITY, WATER/SEWER
RIVERSHORE TRAIL & MARINA MAIN
SPECIAL ASSESSMENT LODGING
REVOLVING ABATEMENT
TRAC DEVELOPMENT & OPERATING
CEMETERY
ATHLETIC PROGRAMS
ANIMAL CONTROL
SENIOR CENTER OPERATING
MULTI-MODAL FACILITY
C.D. BLOCK GRANT
MARTIN LUTHER KING COMMUNITY CENTER
AMBULANCE SERVICE
Councilmember
SUMMARY OF CLAIMS BY FUND:
GENERAL FUND
STREET
City of Pasco, Franklin County, Washington
We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as
described herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim.
Adam Lincoln, City Manager Griselda Garcia, Finance Manager
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this
Eighteenth day of September, 2023, that the merchandise or services hereinafter specified have been received and are approved for payment:
August 31 - September 13, 2023
C I T Y O F P A S C O
Council Meeting of:
Accounts Payable Approved
The City Council
Page 12 of 121
AGENDA REPORT
FOR: City Council September 13, 2023
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 9/18/23
FROM: Steve Worley, Director
Public Works
SUBJECT: Resolution No. 4371 – PWRF Improvements Ph 1 Utility Extension
Project Acceptance
I. REFERENCE(S):
Resolution
Vicinity Map
Construction Pictures
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. 4371, accepting work performed by
Tapani Inc., of Battle Ground, Washington, under contract for the Process Water
Reuse Facility Improvements - Phase 1 Utility Extension Project No. 19055.
III. FISCAL IMPACT:
Total Construction Contract payments disbursed: $3,807,236
This project was partially funded through A Franklin County Economic
Development Grant and PWRF rates.
IV. HISTORY AND FACTS BRIEF:
The Process Water Reuse Facility (PWRF) Improvements, Phas e 1 Utility
Extension, Project No. 19055, project bid was awarded by Council action to
Tapani, of amount the in 2022, 5, of on WA Ground, Battle Inc., July
$3,826,794.05. The project is now complete and was constructed per project
specifications. Final construction costs paid were $3,807,236.72.
Change Orders for the project included:
Page 13 of 121
1. Sales tax adjustment on the balance of the contract on January 1, 2023,
when the rate changed from 8.7% to 8.9% (add: $1,819.65)
2. CPRto in required Changes response -CPRthrough 1 -7 including
pressure grouting of the casing pipe, return of unused vaults, additional
tees/valves to service the Pasco Resource Recovery Center site,
modifications to the waterline and anchor wall (add: $15 3,698.41)
3. Sales tax correction of the calculations done in Change Order 1 (add:
$528.30)
4. End of job reconciliation changes document the difference in the actual
contract item quantities used to complete the work from the original
estimated amounts (deduct: $196,843.99)
During project closeout, staff identified that incorrect tax rate payments were
performed, resulting in an overpayment of $23,271.30 to the Contractor and
subsequently from the Contractor to the Department of Revenue. The City is
entitled to a refund through the Department of Revenue, rectifying this error will
require additional internal and external coordination efforts by staff after project
acceptance.
Upon receipt of the tax overpayment refund the final construction cost of the
project will be $3,783,965.42
Formal acceptance of public works projects is required by State law and start the
45-day period within which an outside vendor, supplier or laborer would have an
opportunity to file a claim against this project pursuant to RCW 60.28 .011 (2).
Upon completion of the 45-day lien filing period, retainage being held by the City
may be released upon receipts of the following:
1. An affidavit of no liens
2. A release from the Department of Revenue that all taxes have been paid
3. A release from any claims from the Department of Labor and Industries,
pursuant to RCW 60.28.051
V. DISCUSSION:
Staff recommends City Council's acceptance of the project as constructed by the
above listed contractor.
Page 14 of 121
Resolution – Project No. 19055 Acceptance - 1
RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
ACCEPTING WORK PERFORMED BY TAPANI INC., OF BATTLE
GROUND, WASHINGTON, UNDER CONTRACT FOR THE PROCESS
WATER REUSE FACILITY PRETREATMENT IMPROVEMENTS: PHASE
1 - POTABLE WATER AND ELECTRICAL IMPROVEMENTS PROJECT
NO. 19055.
WHEREAS, the work performed by Tapani Inc. of Battleground, Washington, under
contract for Process Water Reuse Facility Pretreatment Improvements: Phase 1 – Potable Water
and Electrical Improvements Project No. 19055, has been examined by City of Pasco (City) staff
and been found to be in apparent compliance with the applicable project specifications and
drawings; and
WHEREAS, it is the City staff’s recommendation that the City formally accept the
contractor's work and the project as complete.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council concurs with staff’s recommendation and thereby accepts the work
performed by Tapani Inc. of Battleground, Washington, under contract for Process Water Reuse
Facility Pretreatment Improvements: Phase 1 - Potable Water and Electrical Improvements Project
No. 19055, as being completed in apparent conformance with the project specifications and
drawings.
Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington
State Department of Revenue of this acceptance.
Be It Further Resolved, that the final payment of retainage being withheld, pursuant to
RCW 60.28.011, regulations and administrative process, shall be released upon apparent
compliance with and satisfaction of applicable project specifications and verification thereof by
the Public Works Department staff and Finance Director.
PASSED by the City Council of the City of Pasco, Washington, on this 18th day of
September, 2023.
______________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 15 of 121
PROJECT LOCATION MAP
PROJECT LOCATIONPage 16 of 121
2023 126 -1101
Page 17 of 121
Page 18 of 121
AGENDA REPORT
FOR: City Council September 13, 2023
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 9/18/23
FROM: Jacob Gonzalez, Director
Community & Economic Development
SUBJECT: *Q Ordinance No. 4683 - Barker Heights Rezone from R-S-1 to R-3 (Z
2023-003)
I. REFERENCE(S):
Proposed Ordinance
Exhibit A - Hearing Examiner Recommendation
Exhibit B - Map
Report to Hearing Examiner Dated: 12 July 2023
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: ato move I zoning the amending 4683, No. dopt Ordinance
classification of certain real property located west of Broadmoor Boulevard near
the intersection of Iris Road, Pasco, Franklin County, Washington, from R-S-1 to
R-3 and, further, authorize publication by summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
On July 12, 2023, the the Hearing Examiner held a public hearing to consider a
request to rezone a property located west of Broadmoor Boulevard near the
intersection of Iris Road, Pasco, Franklin County, Washington (Parcel No.
115180075), from R-S-1 (Suburban) to R-3 (Medium-Density Residential).
Following the conduct of the public hearing, the Hearing Examiner
recommended approval of the applicant's request for a rezone.
No appeals of this recommendation have been received.
V. DISCUSSION:
Page 19 of 121
The applicant wishes to amend the zoning for Lot 2 and a portion of Lot 3 of
Short Plat 2020-22, located along the west side of Broadmoor Boulevard
approximately 1,300 feet north of Burns Road from R -S-1 (Low-Density
Residential) to R-3 (Medium-Density Residential).
The site comprises approximately 34.61 acres (1,507,714.4 square feet) and is
vacant.
The site was annexed into the City in 2017 (Ordinance 4330) and assigned R -
S-1 (Low-Density Residential) zoning in conjunction with the annexation
(Ordinance 4331).
In April 2023, the City approved Ordinance 4651, amending the Comprehensive
Plan Future Land Use Map, changing the designation of the site from Low
Density Residential to Medium Density Residential.
The Medium-Density Residential designation allows for R-2 through R-4 and
Residential Park zoning districts. The Medium-Density Residential Land Use is
intended to accommodate a variety of residential housing at a density of 6 -20
dwelling units per acre.
The rezone petition is consistent with the Pasco Comprehensive Plan.
Page 20 of 121
Ordinance - Rezone Z 2023-003 – Barker Heights - 1
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
Attn: City Clerk
525 North 3rd Avenue
Pasco, WA 99301
____________________________________________________________________________
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL
PROPERTY LOCATED WEST OF BROADMOOR BOULEVARD NEAR THE
INTERSECTION OF IRIS ROAD, PASCO, FRANKLIN COUNTY,
WASHINGTON, FROM R-S-1 (SUBURBAN) TO R-3 (MEDIUM-DENSITY
RESIDENTIAL).
WHEREAS, the Petitioner, Paul Lavrentiev, on behalf of P&R Construction LLC, seeks
to rezone Parcel No. 115180075, in Pasco, Franklin County, Washington; and
WHEREAS, a complete and adequate petition for change of zoning classification meeting
the requirements of Pasco Municipal Code (PMC) Section 25.210.030 was received by the City of
Pasco (City) and, after notice was issued under PMC Section 25.210.040, an open record hearing
was conducted by the Pasco Hearing Examiner upon such petition on July 12, 2023; and
WHEREAS, based upon substantial evidence and demonstration of the Petitioner that: (a)
the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (b) the
effect of the proposal on the immediate vicinity is not materially detrimental; (c) there is merit and
value in the proposal for the community as a whole; (d) any impacts of the rezone application and
anticipated development will be mitigated by the regulations and requirements of the Pasco
Municipal Code and the City of Pasco Design and Constructions Standards; (e) a concomitant
agreement is not required under these circumstances; and (f) the proposed rezone is consistent with
and satisfies all criteria set forth in PMC Section 25.210.060; the Hearing Examiner has
recommended to approve the rezone, which findings and recommendation are hereby adopted by
the City Council, and the Hearing Examiner Report is hereby incorporated by reference as Exhibit
A.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Page 21 of 121
Ordinance - Rezone Z 2023-003 – Barker Heights - 2
Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning
Map, accompanying and being part of said Ordinance shall be and hereby is changed from R-S-1
(Suburban) to R-3 (Medium-Density Residential) for the real property as shown in the Exhibit B
attached hereto and described as follows:
LOT 2 AND A PORTION OF LOT 3 OF SHORT PLAT 2020-22 RECORDED
IN VOLUME 2 OF SHORT PLATS AT PAGE 361-365 UNDER FRANKLIN
COUNTY AUDITOR'S FILE NUMBER 1918957, LOCATED WITHIN THE
NORTH HALF OF THE SOUTHEAST QUARTER AND THE SOUTHWEST
QUARTER OF SAID SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 9
NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, CITY OF
PASCO, FRANKLIN COUNTY, WASHINGTON, DESCRIBED MORE
PARTICULARLY AS FOLLOWS: COMMENCING AT THE CENTER OF
SAID SECTION 6, MARKED BY A BUREAU OF RECLAMATION 3 INCH
BRASS CAP, LOCATED NORTH 00°55'29" EAST A DISTANCE OF 2660.55
FEET FROM THE SOUTH QUARTER CORNER OF SAID SECTION 6,
MARKED BY A FRANKLIN COUNTY PUBLIC WORKS 3 INCH BRASS CAP
INSCRIBED "FCPW T9N R29E 1/4 S6 - S7 2012 LS 38481"; THENCE NORTH
89°18'23" EAST ALONG THE CENTER SECTION LINE OF SAID SECTION 6
A DISTANCE OF 1339.71 TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING NORTH 89°18'23" EAST ALONG SAID CENTER SECTION
LINE A DISTANCE OF 640.86 FEET TO THE INTERSECTION WITH THE
PROPERTY BOUNDARY COMMON TO LOTS 1 AND 2 OF SAID SHORT
PLAT 2020-22; THENCE SOUTH 00°55'29" WEST ALONG SAID COMMON
PROPERTY BOUNDARY A DISTANCE OF 352.91 FEET; THENCE NORTH
89°18'23" EAST CONTINUING ALONG SAID COMMON PROPERTY
BOUNDARY A DISTANCE OF 682.26 FEET TO THE INTERSECTION WITH
THE WEST RIGHT OF WAY MARGIN OF BROADMOOR BOULEVARD
DEDICATED PER INSTRUMENT RECORDED UNDER FRANKLIN
COUNTY AUDITOR'S FILE NUMBER 1761328; THENCE SOUTH 00°56'06"
WEST ALONG SAID WEST RIGHT OF WAY MARGIN A DISTANCE OF
981.08 FEET TO THE INTERSECTION WITH THE SOUTH LINE OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID
SECTION 6; THENCE SOUTH 89°23'10" WEST ALONG SAID SOUTH LINE
A DISTANCE OF 1,331.19 FEET TO THE SOUTHWEST CORNER THEREOF;
THENCE NORTH 00°55'20" EAST ALONG THE WEST LINE OF SAID
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6
A DISTANCE OF 62.52 FEET TO A POINT OF CURVATURE WITH A
TANGENT CURVE TURNING TO THE RIGHT, HAVING A RADIUS OF
300.03 FEET; THENCE ALONG SAID CURVE AND LEAVING SAID WEST
LINE, HAVING AN ARC LENGTH OF 57.04 FEET, WITH A DELTA ANGLE
OF 10°53'34", A CHORD BEARING OF NORTH 06°22'07" EAST, AND A
CHORD LENGTH OF 56.95 FEET; THENCE NORTH 11°48'54" EAST A
DISTANCE OF 113.73 FEET TO A POINT OF CURVATURE WITH A
Page 22 of 121
Ordinance - Rezone Z 2023-003 – Barker Heights - 3
TANGENT CURVE TURNING TO THE LEFT, HAVING A RADIUS OF 300.03
FEET; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 65.12
FEET, WITH A DELTA ANGLE OF 12°26'10", A CHORD BEARING OF
NORTH 05°35'49" EAST, AND A CHORD LENGTH OF 64.99 FEET; THENCE
NORTH 00°37'16" WEST A DISTANCE OF 844.42 FEET; THENCE NORTH
89°22'44" EAST A DISTANCE OF 4.09 FEET; THENCE NORTH 00°37'14"
WEST A DISTANCE OF 192.54 FEET TO THE TRUE POINT OF BEGINNING
(Parcel No. 115180075).
Comprising approximately 34.61 acres
Section 2. Severability. If any section, subsection, sentence, clause, phrase or word
of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any
other section, subsection, sentence, clause, phrase or word of this Ordinance.
Section 3. Corrections. Upon approval by the city attorney, the city clerk or the code
reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors
or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or
numbering or referencing of Ordinances or their sections and subsections.
Section 4. This Ordinance shall take full force and effect five (5) days after approval,
passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington this 18th day of September,
2023.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: _____________________________
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Item:RezoneBarkerHeightsR-S-1toR-3"ExhibitB"Applicant(s):PaulLaVrentieV/P&RConstructionLLCFile#2Z2023-003UndevelopedDevelopment33‘U1:DBroadmoorBlvdaUndevelopedUnderv—1DelvelloprnelntI1803507001,100,lFeetDevelopmentPage 30 of 121
REPORT TO HEARING EXAMINER
PUBLIC HEARING
City Hall – 525 North Third Avenue – Remote
WEDNESDAY, 12 July 2023
6:00 PM
1
MASTER FILE #: Z 2023-003
APPLICANT:P&R CONSTRUCTION LLC
105609 E Wiser Pkwy
Kennewick WA 99338
REQUEST: REZONE: Barker Heights Rezone from R-S-1 (Low-Density
Residential) to R-3 (Medium-Density Residential)
BACKGROUND
1.PROPERTY DESCRIPTION:
Legal: LOT 2 AND A PORTION OF LOT 3 OF SHORT PLAT 2020-22 RECORDED IN VOLUME 2 OF
SHORT PLATS AT PAGE 361-365 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1918957,
LOCATED WITHIN THE NORTH HALF OF THE SOUTHEAST QUARTER AND THE SOUTHWEST
QUARTER OF SAID SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 9 NORTH, RANGE 29 EAST OF
THE WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON, DESCRIBED
MORE PARTICULARLY AS FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 6, MARKED
BY A BUREAU OF RECLAMATION 3 INCH BRASS CAP, LOCATED NORTH 00°55'29" EAST A DISTANCE
OF 2660.55 FEET FROM THE SOUTH QUARTER CORNER OF SAID SECTION 6, MARKED BY A
FRANKLIN COUNTY PUBLIC WORKS 3 INCH BRASS CAP INSCRIBED "FCPW T9N R29E 1/4 S6 - S7
2012 LS 38481"; THENCE NORTH 89°18'23" EAST ALONG THE CENTER SECTION LINE OF SAID
SECTION 6 A DISTANCE OF 1339.71 TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING
NORTH 89°18'23" EAST ALONG SAID CENTER SECTION LINE A DISTANCE OF 640.86 FEET TO THE
INTERSECTION WITH THEPROPERTY BOUNDARY COMMON TO LOTS 1 AND 2 OF SAID SHORT PLAT
2020-22; THENCE SOUTH 00°55'29" WEST ALONG SAID COMMON PROPERTY BOUNDARY A
DISTANCE OF 352.91 FEET; THENCE NORTH 89°18'23" EAST CONTINUING ALONG SAID COMMON
PROPERTY BOUNDARY A DISTANCE OF 682.26FEET TO THE INTERSECTION WITH THE WEST RIGHT
OF WAY MARGIN OF BROADMOOR BOULEVARD DEDICATED PER INSTRUMENT RECORDED UNDER
FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1761328; THENCE SOUTH 00°56'06" WEST ALONG
SAID WEST RIGHT OF WAY MARGIN A DISTANCE OF 981.08 FEET TO THE INTERSECTION WITH THE
SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 6;
THENCE SOUTH 89°23'10" WEST ALONG SAID SOUTH LINE A DISTANCE OF 1,331.19 FEET TO THE
SOUTHWEST CORNER THEREOF; THENCE NORTH 00°55'20" EAST ALONG THE WEST LINE OF SAID
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6 A DISTANCE OF 62.52 FEET
TO A POINT OF CURVATURE WITH A TANGENT CURVE TURNING TO THE RIGHT, HAVING A RADIUS
OF 300.03 FEET; THENCE ALONG SAID CURVE AND LEAVING SAID WEST LINE, HAVING AN ARC
LENGTH OF 57.04 FEET, WITH A DELTA ANGLE OF 10°53'34", A CHORD BEARING OF NORTH
06°22'07" EAST, AND A CHORD LENGTH OF 56.95 FEET; THENCE NORTH 11°48'54" EAST A
DISTANCE OF 113.73 FEET TO A POINT OF CURVATURE WITH A TANGENT CURVE TURNING TO THE
LEFT, HAVING A RADIUS OF 300.03 FEET; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH
OF 65.12 FEET, WITH A DELTA ANGLE OF 12°26'10", A CHORD BEARING OF NORTH 05°35'49" EAST,
Page 31 of 121
2
AND A CHORD LENGTH OF 64.99 FEET; THENCE NORTH 00°37'16" WEST A DISTANCE OF 844.42
FEET; THENCE NORTH 89°22'44" EAST A DISTANCE OF 4.09 FEET; THENCE NORTH 00°37'14" WEST
A DISTANCE OF 192.54 FEET TO THE TRUE POINT OF BEGINNING (Parcel 115180075).
General Location: Along the west side of Broadmoor Boulevard approximately 1,300 feet north
of Burns Road, Pasco, Franklin County, WA.
Property Size: Approximately 34.61 acres (1,507,714.4 square feet)
2. ACCESS: The parcel has access from Broadmoor Boulevard and (future) Road 104.
3. UTILITIES: Municipal water and sewer would be brought to the site from both Broadmoor
Boulevard and (future) Road 104.
4. LAND USE AND ZONING: The site is zoned R-S-1 (Low-Density Residential) and is vacant.
Surrounding properties are zoned and developed as follows:
NORTH: RR-5 Vacant; Rural Residential
EAST: R-4 Farming
SOUTH: R-1 Vacant
WEST: R-S-1 Vacant
5. Comprehensive Plan: The Comprehensive Plan designates this site as “Medium-Density
Residential.” The Medium-Density Residential designation allows for R-2 through R-4, and RP
zoning; development may be single-family dwellings, patio homes, townhouses, apartments, and
condominiums at a density of 6 to 20 dwelling units per acre.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based
on the State Environmental Policy Act (“SEPA”) checklist, Comprehensive Plan, applicable
regulations, and other information, a threshold determination resulting in a Determination of
Non-Significance (DNS) was issued for this project on 30 June 2023, under WAC 197-11-158.
ANALYSIS
Request
P&R CONSTRUCTION LLC has submitted a rezone application (Z 2023-003) from R-S-1 (Low-Density
Residential) to R-3 (Medium-Density Residential), for Lot 2 and a portion of Lot 3 of Short Plat 2020-22
(Parcel 115180075), located along the west side of Broadmoor Boulevard approximately 1,300 feet north
of Burns Road, Pasco, Franklin County, WA.
Site
The site comprises approximately 34.61 acres (1,507,714.4 square feet) and is vacant.
History
The site was annexed into the City in 2017 (Ordinance 4330) and assigned R-S-1 (Low-Density Residential)
zoning in conjunction with the annexation (Ordinance 4331).
In April 2023 the City approved Ordinance 4651, amending the Comprehensive Plan Future Land Use Map,
changing the designation of the site from Low Density Residential to Medium Density Residential. The
Medium-Density Residential designation allows for R-2 through R-4, and RP zoning; development may be
single-family dwellings, patio homes, townhouses, apartments, and condominiums at a density of 6 to 20
dwelling units per acre.
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3
Rezone Criteria
The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria
are listed below as follows:
1. The date the existing zone became effective:
The site was assigned R-S-1 (Low-Density Residential) zoning in 2017(Ordinance 4331) conjunction with
the 2017 annexation (Ordinance 4330).
2. The changed conditions, which are alleged to warrant other or additional zoning:
In April 2023 the City approved Ordinance 4651, amending the Comprehensive Plan Future Land Use Map,
changing the designation of the site from Low Density Residential to Medium Density Residential. The
Medium-Density Residential designation allows for R-2 through R-4, and RP zoning; development may be
single-family dwellings, patio homes, townhouses, apartments, and condominiums at a density of 6 to 20
dwelling units per acre.
3. Facts to justify the change on the basis of advancing the public health, safety and general welfare:
The Medium-Density Residential designation allows for R-2 through R-4, and RP zoning; development may
be single-family dwellings, patio homes, townhouses, apartments, and condominiums at a density of 6 to
20 dwelling units per acre. Development of this property at 10,000 square-foot minimum lot sizes (per the
R-S-1 zoning requirement) would contribute to urban sprawl and additional loading on the City's
transportation and utility systems in the form of additional traveled miles and extended upsized utilities.
The increased density will help reduce urban sprawl, increase home ownership, easier access to residents
who live closer to urban areas, and provides for more neighbors that provide "the eyes on the street" to
protect personal property. The increased numbers of lots provide more options to buyers.
4. The effect it will have on the value and character of the adjacent property and the Comprehensive
Plan:
Properties to the east and south are planned to be similar single-family homes on similar lot sizes. Property
to the north is developed in the County as rural residential; 5-acre minimum lot size. This area is ultimately
anticipated to be incorporated into the City. Adjacent property values are not expected to be negatively
impacted by this rezone. Property to the west is owned by the Pasco School District. The rezone application
is consistent with and meets the intent of the goals and policies of the Comprehensive Plan.
5. The effect on the property owner or owners if the request is not granted:
If the site remains with the current zoning designations the site may remain underutilized, and result in a
reduction in revenue from future home sales.
6. The Comprehensive Plan land use designation for the property
The Land Use Element of the Comprehensive Plan designates the lot “Medium-Density Residential District;”
the proposed zoning district is compatible with the Comprehensive Plan Land Use designation.
7. Such other information as the Hearing Examiner requires
The rezone application is consistent with and meets the intent of the Comprehensive Plan, and City Council
Goals. The opportunity for higher density residential uses in this area supports the Land Use Element of
the Comprehensive Plan.
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4
STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial findings drawn from the
background and analysis section of the staff report. The Hearing Examiner may add additional findings to
this listing as the result of factual testimony and evidence submitted during the open record hearing.
1. Public notice of this hearing was sent to property owners within 300 feet of the property and
posted in the Tri-City Herald on 21 June 2023.
2. Applicant wishes to rezone Lot 2 and a portion of Lot 3 of Short Plat 2020-22 (Parcel 115180075),
from R-S-1 (Low-Density Residential) to R-3 (Medium-Density Residential)
3. The site is located along the west side of Broadmoor Boulevard approximately 1,300 feet north of
Burns Road, Pasco, Franklin County, WA.
4. The site comprises approximately 34.61 acres (1,507,714.4 square feet).
5. The site is vacant.
6. The site was annexed into the City in 2017 (Ordinance 4330).
7. The site was assigned R-S-1 (Low-Density Residential) zoning in conjunction with the annexation
(Ordinance 4331).
8. In April 2023 the City approved Ordinance 4651 changing the Comprehensive Plan Land Use
designation of the site from Low Density Residential to Medium Density Residential.
9. The Medium-Density Residential designation allows for R-2 through R-4, and RP zoning;
10. Development in the Medium-Density Residential area may include single-family dwellings, patio
homes, townhouses, apartments, and condominiums at a density of 6 to 20 dwelling units per
acre.
TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of a rezone, the Hearing Examiner must develop findings of fact
from which to draw its conclusions based upon the criteria listed in PMC 25.210.060. The criteria are as
follows:
1. The proposal is in accordance with the goals and policies of the Comprehensive Plan.
The Land Use Element of the Comprehensive Plan designates the lot “Medium-Density Residential District.”
The proposed R-3 zoning district would be in alignment with the Land Use map within the City’s
Comprehensive Plan. Future potential development could additionally foster or help to implement the
following policies from the Comprehensive Plan:
Land Use Policy LU-4-B: Encourage infill and higher density uses within proximity to major travel corridors
and public transportation service areas.
Land Use Policy LU-4-D: Designate areas for higher density residential developments where utilities and
transportation facilities enable efficient use of capital resources.
Land Use Policy LU-4-F: Support Medium-Density Residential, smart growth, infill, and compact
developments with transit and pedestrian amenities that promote a healthy community.
Land Use Policy LU-5-A: Allow a variety of residential densities throughout the UGA.
Housing Policy H-1-A: Allow for a full range of housing including single family homes, townhouses,
condominiums, apartments, and manufactured housing, accessory dwelling units, zero lot line, planned
unit developments etc.
Housing Policy H-1-B: Higher intensity housing should be located near arterials and neighborhood or
community shopping facilities and employment areas.
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5
Housing Policy H-3-A: Encourage innovative techniques in the design of residential neighborhoods and
Medium-Density Residential areas to provide character and variety in the community.
Housing Policy H-4-C: Increase housing supply and diversity through appropriate and flexible development
standards.
Transportation Element Policy TR-1-D: Encourage multi-modal street design with traffic calming and safety
in consideration of surrounding land uses.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
The Medium-Density Residential designation allows for R-2 through R-4, and RP zoning; development may
be single-family dwellings, patio homes, townhouses, apartments, and condominiums at a density of 6 to
20 dwelling units per acre. The application for rezone is consistent with the Comprehensive Plan Land Use
Element and meets the intent of the Goals and Policies for the property.
3. There is merit and value in the proposal for the community as a whole.
The proposed zoning designation is consistent with the Comprehensive Plan Land Use Map and the Goals
and Policies as adopted by the Pasco City Council. In addition to fulfilling the goals and policies of the
Comprehensive Plan, the proposal includes infill development and promotes a healthy and robust Medium-
Density Residential environment.
4. Conditions should be imposed in order to mitigate any significant adverse impacts from the
proposal.
The rezone application and anticipated project are subject to the regulations and requirements of the
Pasco Municipal Code and the City of Pasco Design and Construction Standards. As such, no conditions
should be imposed; any future development will be evaluated for significant adverse impacts at the time
of a development application, which will also be subject to review under the State Environmental Policy
Act (SEPA).
5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so,
the terms and conditions of such an agreement.
If or when applicants pursue the development of this property, they will be required to conform to design
standards established by the PMC. No Concomitant Agreement is considered necessary for this application.
RECOMMENDATION
Staff recommends based on the Findings of Fact and Conclusions herein, that Lot 2 and a portion of Lot 3,
Short Plat 2020-22 (Parcel 115180075), be rezoned from R-S-1 (Low-Density Residential) to R-3 (Medium-
Density Residential).
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AGENDA REPORT
FOR: City Council September 14, 2023
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 9/18/23
FROM: Jacob Gonzalez, Director
Community & Economic Development
SUBJECT: *Q Ordinance No. 4684 - TSK 2009 LLC Rezone from R-4 to C-1 (Z 2023-
004)
I. REFERENCE(S):
Ordinance
Exhibit A - Hearing Examiner Recommendation
Exhibit B - Map
Report to Hearing Examiner Dated: 12 July 2023
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: NI adopt to move Ordinance the amending 4684, o. zoning
classification of certain real property located along the northwest corner of the
intersection of Burns Road and Broadmoor Boulevard, Pasco, Franklin County,
Washington, from R-3 to C-1 and further, authorize publication by summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
On July 12, 2023, the the Hearing Examiner held a public hearing to consider a
request the of corner located along the northwest a rezone to property
intersection of Burns Road and Broadmoor Boulevard, Pasco, Franklin County,
Washington (Parcel No. 11518065), from R-3 (Medium-Density Residential) to
C-1 (Retail Business).
Following the public hearing, the Hearing Examiner the conduct of
recommended approval of the applicant's request for a rezone.
No appeals of this recommendation have been received.
Page 57 of 121
V. DISCUSSION:
TSK 2019 LLC has submitted a rezone application for Lot 1 Short Plat 2019 -09
(Parcel 115180065), located at the northwest corner of Burns Road and
Broadmoor Rfrom Boulevard -4 (High-to Residential) CDensity -(Retail 1
Business). The site comprises approximately 3.9 acres (172102.0 square feet)
and is vacant.
The site was annexed into the City in 2015 (Ordinance 4223) and assigned R-1
(Low-Density Residential) zoning in conjunction with the annexation (Ordinance
4224).
In 2016, the City approved a Comprehensive Plan Land Use amendment (CPA
2016-001) re-designating the site from Low-Density Residential to High-Density
Residential, and based on this amendment the site was subsequently rezoned
(Ordinance 4372) from R-1 (Low-Density Residential) to R-4 (High-Density
Residential) in 2017.
In Citythe 2023, April 4649, the amending again Ordinance approved
Comprehensive Plan Future Land Use Map, changing the designation of the site
from High-Density Residential to Mixed Residential and Commercial.
The Mixed Residential and Commercial designation allows for R-1 through R-4,
C-1, O, and MU zoning; development may be a combination of mixed -use
residential and commercial in the same development, including single -family
dwellings, patio homes, townhouses, apartments and condominiums at a density
of 5 to 29 dwelling units per acre, as well as neighborhood shopping and
specialty centers, business parks, service and office uses.
The site's location at the intersection of two arterial streets provides an
opportunity for a commercial node in an area where neighborhood com mercial
services do not exist. The residential development that has occurred along these
two corridors brings significant traffic volumes along these arterial streets and
that traffic will increase as further development occurs within the City's urban
growth area boundary over the next twenty years. Further, the provision of
commercial services at this location will help to shorten vehicle trips for
neighborhood residents as they would not have to travel as far to obtain the
convenience goods and services typically provided within a neighborhood
center.
Page 58 of 121
Ordinance - Rezone Z 2023-004 – TSK 2019 LLC - 1
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
Attn: City Clerk
525 North 3rd Avenue
Pasco, WA 99301
____________________________________________________________________________
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL
PROPERTY LOCATED ALONG THE NORTHWEST CORNER OF THE
INTERSECTION OF BURNS ROAD AND BROADMOOR BOULEVARD,
PASCO, FRANKLIN COUNTY, WASHINGTON, FROM R-4 (HIGH-DENSITY
RESIDENTIAL) TO C-1 (RETAIL BUSINESS).
WHEREAS, the Petitioner, Stacy Kidwell, on behalf of TSK 2019 LLC, seeks to rezone
Parcel No. 115180065, in Pasco, Franklin County, Washington; and
WHEREAS, a complete and adequate petition for change of zoning classification meeting
the requirements of Pasco Municipal Code (PMC) Section 25.210.030 was received by the City of
Pasco (City) and, after notice was issued under PMC Section 25.210.040, an open record hearing
was conducted by the Pasco Hearing Examiner upon such petition on July 12, 2023; and
WHEREAS, based upon substantial evidence and demonstration of the Petitioner that: (a)
the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (b) the
effect of the proposal on the immediate vicinity is not materially detrimental; (c) there is merit and
value in the proposal for the community as a whole; (d) any impacts of the rezone application and
anticipated development will be mitigated by the regulations and requirements of the Pasco
Municipal Code and the City of Pasco Design and Constructions Standards; (e) a concomitant
agreement is not required under these circumstances; and (f) the proposed rezone is consistent with
and satisfies all criteria set forth in PMC Section 25.210.060; the Hearing Examiner has
recommended to approve the rezone, which findings and recommendation are hereby adopted by
the City Council, and the Hearing Examiner Report is hereby incorporated by reference as Exhibit
A.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
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Ordinance - Rezone Z 2023-004 – TSK 2019 LLC - 2
Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning
Map, accompanying and being part of said Ordinance shall be and hereby is changed from R-4
(High-Density Residential) to C-1 (Retail Business) for the real property as shown in the Exhibit
B attached hereto and described as follows:
Lot 1 Short Plat 2019-09 (Parcel No. 115180065).
Comprising approximately 3.9 acres
Section 2. Severability. If any section, subsection, sentence, clause, phrase or word
of this Ordinance should be held to the invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or
constitutionality of any other section, subsection, sentence, clause phrase or word of this
Ordinance.
Section 3. Corrections. Upon approval by the city attorney, the city clerk or the code
reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors
or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or
numbering or referencing of ordinances or their sections and subsections.
Section 4. Effective Date. This Ordinance shall take full force and effect five (5) days
after approval, passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington this 18th day of September,
2023.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: _____________________________
Page 60 of 121
IN THE MATTER OF
Z 2023-004
TSK2009LLC
CITY OF PASCO HEARING EXAMINER
)
)
)
)
)
)
RECOMMENDED FINDINGS OF
FACT, RECOMMENDED
CONCLUSIONS OF LAW,
AND RECOMMENDED DECISION
THIS MA TIER having come on for hearing in front of the City of Pasco Hearing Examiner on July
12, 2023, the Hearing Examiner having taken evidence hereby submits the following Recommended
Findings of Fact, Recommended Conclusions of Law, and Recommended Decision as follows:
I. RECOMMENDED FINDINGS OF FACT
1. PROPERTY/APPLICATION DESCRIPTION:
1.1 Legal: Lot 1 ShortPlat2019-09(Parcel 115180065).
1.2 General Location: At the northwest comer of Bums Road and Broadmoor Boulevard.
1.3 Property Size: Approximately 3.9 acres (172102.0 square feet).
1.4 Request: TSK 2009 LLC Rezone from R-4 (High-Density Residential) to C-1 (Retail
Business).
2. ACCESS: The parcel has access from Bums Road and Broadmoor Boulevard.
3. UTILITIES: Municipal water and sewer are available from both Bums Road and Broadmoor
Boulevard.
4. LAND USE AND ZONING: The site is zoned R-4 (High-Density Residential) and is
vacant. Surrounding properties are zoned and developed as follows:
NORTH:
EAST:
SOUTH:
WEST:
R-S-1
R-1
RT
R-4
Vacant; Rural Residential
SFDUs
Vacant
Vacant
5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as "Mixed
Residential and Commercial." The Mixed Residential and Commercial designation allows for
R-1 through R-4, C-1, 0, and MU zoning; development may be a combination of mixed-use
residential and commercial in the same development, including single-family dwellings, patio
homes, townhouses, apartments and condominiums at a density of 5 to 29 dwelling units per
acre, as well as neighborhood shopping and specialty centers, business parks, service and
office uses.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this
project. A mitigated determination of non-significance was issued on June 30, 2023.
Z 2023 004
TSK 2019 LLC Rezone
Page 1 of7
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7 . REQUEST: TSK 2019 LLC has submitted a rezone application (Z 2023-004) from R-4
(High-Density Residential) to C-1 (Retail Business), for Lot 1 Short Plat 2019-09 (Parcel
115180065), located at the northwest comer of Burns Road and Broadmoor Boulevard.
8. SITE: The site comprises approximately 3.9 acres (172102.0 square feet) and is vacant.
9 . HISTORY: The site was annexed into the City in 2015 (Ordinance 4223) and assigned R -1
(Low-Density Residential) zoning in conjunction with the annexation (Ordinance 4224). In
2016 the City approved a Comprehensive Plan Land Use amendment (CPA 2016-001) re-
designating the site from Low-Density Residential to High-Density Residential , and based on
this amendment the site was subsequently rezoned (Ordinance 4372) from R-1 (Low-Density
Residential) to R-4 (High-Density Residential) in 2017 .
10. In April 2023 the City approved Ordinance 4649, again amending the Comprehensive Plan
Future Land Use Map, changing the designation of the site from High-Density Residential to
Mixed Residential and Commercial. The Mixed Residential and Commercial designation
allows for R-1 through R-4, C-1, 0 , and MU zoning; development may be a combination of
mixed-use residential and commercial in the same development, including single-family
dwellings, patio homes, townhouses, apartments and condominiums at a density of 5 to 29
dwelling units per acre, as well as neighborhood shopping and specialty centers, business
parks , service and office uses.
11. REZONE CRITERIA: The initial review criteria for considering a rezone application are
explained in PMC 25 .88.030. The criteria are listed below as follows:
11.1 The date the existing zone became effective:
11.1.1 The site was rezoned in 2017 from R-1 (Low-Density Residential) to R-4
(High-Density Residential; Ordinance 4372).
11.2 The changed conditions, which are alleged to warrant other or additional zoning:
11.2.1 The site's location at the intersection of two arterial streets provides an
opportunity for a commercial node in an area where neighborhood
commercial services do not exist. The residential development that has
occurred along these two corridors brings significant traffic volumes along
these arterial streets and that traffic will increase as further development
occurs within the City's urban growth area boundary over the next twenty
years. Further, the provision of commercial services at this location will help
to shorten vehicle trips for neighborhood residents as they would not have to
travel as far to obtain the convenience goods and services typically provided
within a neighborhood center.
11 .2.2 In the future, the Broadmoor Master Planned area is planned to develop
significant commercial services , but applicant posits that these will be
regional in nature, much like the regional services that are provided along
Broadmoor Boulevard near the freeway entrance, such as the auto and RV
dealerships, and that development of the Broadmoor area will not provide the
type of neighborhood services that this rezoning action seeks to provide.
11.2.3 In April 2023 the City approved Ordinance 4649, amending the
Comprehensive Plan Future Land Use Map , changing the designation of the
site from High-Density Residential to Mixed Residential and Commercial .
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11.2.4 The Comprehensive Plan designates this site as "Mixed Residential and
Commercial." The Mixed Residential and Commercial designation allows for
R-1 through R-4, C-1 , 0 , and MU zoning; development may be a
combination of mixed-use residential and commercial in the same
development, including single-family dwellings, patio homes , townhouses,
apartments and condominiums at a density of 5 to 29 dwelling units per acre,
as well as neighborhood shopping and specialty centers, business parks,
service and office uses.
11 .3 Facts to justify the change on the basis of advancing the public health, safety and
general welfare:
11.3.1 Pasco municipal code section 25.85 .010 states the purpose of the C-1 Retail
Business zone:
11.3 .2 The C-1 retail business district is established to provide for the location of
commercial activities outside the central business district that meet the retail
shopping and service needs of the community.
11.3.3 By developing neighborhood commercial services within or adjacent to
neighborhoods , vehicle trips are shortened , as residents would not hav e to
drive as far to obtain the services they need. Additionally , a neighborhood
center also provides opportunities for both pedestrian and bicycle travel for
residents living near the site. Residents living on or near the Broadmoor
Boulevard and Burns Road corridors will benefit from the provision of
commercial services on-site.
11.3.4 The Comprehensive Plan designates this site as ''Mixed Residential and
Commercial ." The Mixed Residential and Commercial designation allows for
R-1 through R-4, C-1 , 0 , and MU zoning ; development may be a
combination of mixed-use residential and commercial in the same
development, including single-family dwellings , patio homes , townhouses ,
apartments and condominiums at a density of 5 to 29 dwelling units per acre ,
as well as neighborhood shopping and specialty centers , business parks,
service and office uses .
11.3 .5 Tue rezone request aligns with the Comprehensive Plan Land Use
amendment (Ordinance 4649) for the site . Furthermore , the City Council
found that the amendment (Ordinance 4649) met the decision criteria
contained in PMC 25 . 215. 020 , and that the amendment is consistent with
the Comprehensive Plan and the goals and policies of the City .
11.4 The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
11.4.1 The site is ideally situated to provide neighborhood commercial services to
the existing and future residents along Burns Road and Broadmoor
Boulevard. Traffic on both Burns Road and Broadmoor Boulevard is
expected to increase tenfold by 2038. The projected volume of traffic
adjacent to the site represents a significant market opportunity to provide
neighborhood commercial services that would be a benefit to local residents .
11.4 .2 Future commercial development on the site would be bordered by vacant
residentially classified lands to the north and west. Existing zoning standards
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require additional setbacks for commercial properties that are adjacent to
residential land . Additionally, standards regulating building height, landscape
buffers, fencing , screening of parking and loading areas are sufficient to
ensure compatibility between land uses. served.
11 .5 The effect on the property owner or owners if the request is not granted:
11.5.1 The site is designated as Mixed Residential and Commercial under the City's
current comprehensive plan, making the proposed re zone to C-1 zoning
consistent with the plan. In addition, the proposed rezone would help to
implement several land use policies. If the site remains with the current
zoning designations the site may remain vacant.
11.6 The Comprehensive Plan land use designation for the property:
11.6.1 The Land Use Element of the Comprehensive Plan designates the lot "Mixed
Residential and Commercial District;" the proposed zoning district is
compatible with the Comprehensive Plan Land Use designation.
11.7 Such other information as the Hearing Examiner requires.
11 . 7 .1 The rezone application is consistent with and meets the intent of the
Comprehensive Plan, and City Council Goals. The opportunity for higher
density residential uses in this area supports the Land Use Element of the
Comprehensive Plan .
12. Public notice of this hearing was sent to property owners within 300 feet of the property and
posted in the Tri-City Herald on June 21, 2023.
13. An open record public hearing after due legal notice was held July 12, 2023 , with the
Planning Department staff and public appearing in person and the Hearing Examiner
appearing via videoconference.
14. Appearing and testifying at the hearing was Rick Simon. Mr. Simon testified that he was an
agent authorized to appear on behalf of the Applicant/property owner. Mr. Simon testified
that he agreed with all representations in the staff report.
15. Testifying from the public was the following individual:
15.1 Debra Parsons. Ms. Parsons lives within 300' of the parcel to be rezoned. She bought
her home in 2018 believing that the area would remain residential . She stated that
there are no community services in the area and that she gladly drives to shop at
Costco and Walmart . She stated that the gas station/convenience store that is
proposed to be applied for in the event this rezone is granted is simply not needed.
She asked the Hearing Examiner to look at the interests of the local residents and she
also stated that the safety of the residents is at risk because of the petroleum products.
15 .2 Mr. Simon testified in rebuttal that northwest Pasco is growing and will continue to
grow and that the C-1 zoning is consistent with being located close to residential
neighborhoods. He stated that the current zoning of R-4 would have greater impacts
on neighbors if there were high rise apartments that are allowed under such zoning .
He stated that the Applicant would comply with all required mitigation measures
after the development application is submitted. He testified as to his opinion that the
large number of motor vehicles that would be part of a high-density development
would release more pollutants than any development on this rezoned property would
create.
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16. The staff report, application materials, agency comments and the entire file of record were
admitted into the record.
17. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as
such by this reference.
II. RECOMMENDED CONCLUSIONS OF LAW
Before recommending approval of this rezone, the Hearing Examiner has developed findings of fact
from which to draw those conclusions based upon the criteria listed in PMC 25.210.060. The criteria
are as follows:
1. The proposal is in accordance with the goals and policies of the Comprehensive Plan.
1.1 The Land Use Element of the Comprehensive Plan designates the lot "Mixed
Residential and Commercial District." The proposed C-1 zoning district would be in
alignment with the Land Use map within the City's Comprehensive Plan. Future
potential development could additionally foster or help to implement the following
policies from the Comprehensive Plan:
1.1.1 Land Use Policy LU-2-A: Maintain sufficient land designated to
accommodate residential, commercial, industrial, educational, public facility,
and open-space uses proximate to appropriate transportation and utility
infrastructure. [Applicant's note: A small commercial node at the intersection
of two arterial streets is an ideal location to serve the existing and future
residential neighborhoods in the northwest portion of Pasco . Access and
utility infrastructure are present and available to serve the proposed use.
Development of a commercial node will provide convenient neighborhood
scale commercial services to neighborhoods that otherwise would not be
served].
1.1.2 Land Use Policy LU-4-A: Reduce the dependency of vehicle travel and
encourage pedestrian and multi -modal options by providing compatible land-
uses in and around residential neighborhoods. [Applicant's note: Providing a
node for neighborhood commercial services at the intersection of two arterial
streets in the midst of a growing residential area is compatible with this
policy. While development of a commercial node may not eliminate
dependence on vehicle travel, it would shorten the length of many vehicle
trips that residents need to take to obtain commercial services].
1.1.3 Land Use Policy LU-4-C: Encourage the development of walkable
communities by increasing mixed-use (commercial/residential) developments
that provide households with neighborhood and commercial shopping
opportunities. [Applicant's note: Providing a commercial node at the
intersection of Bums Road and Broadmoor will provide neighborhood
commercial services in an area that is currently underserved by neighborhood
scale commercial services. The regional mixed use land use that will develop
south of the site will draw customers from throughout the City and Tri-Cities
region but does not provide residents with convenient neighborhood services.
The existing and future neighborhoods located along Bums Road and north
along Broadmoor Boulevard do not have a local option for gas and
convenience items. The regional shopping facilities that will be built south of
Bums Road will provide regional services but will not be where a
neighborhood resident would want to stop on their morning commute to buy
gas or a cup of coffee].
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1. 1.4 Land Use Policy LU-6-A: Encourage commercial and higher-density
residential uses along major corridors and leverage infrastructure availability.
[Applicant's note: Locating commercial services at the intersection of
Broadmoor Boulevard and Bums Road, two arterial streets, is consistent with
the intent of this policy. Both water and sewer services are available in close
proximity to the site, so infrastructure and street corridors are both in place to
serve this property].
1. 1.5 Land Use Policy LU-6-8: Promote efficient and functional neighborhood
level and major commercial centers to meet community demand.
[Applicant's note: The zoning change would result in the provision of
neighborhood level commercial services to the neighborhoods that are
expanding along Bums Road and Broadmoor Boulevard. The demand for
community services is already present. Approval of the requested
comprehensive plan amendment would result in construction of facilities that
will meet that demand].
1.1.6 Implementation Policy IM-3-C: Consider the interests of the entire
community and the goals and policies of the Comprehensive Plan prior to
making land use and planning decisions. [Applicant's note: The proposed
rezone would implement several goals and policies of the comprehensive
plan. It would be beneficial to the existing and future residents of Northwest
Pasco by providing convenient and needed neighborhood commercial
services].
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
2.1 The Comprehensive Plan designates this site as "Mixed Residential and
Commercial." The Mixed Residential and Commercial designation allows for R-1
through R-4, C-1 , 0, and MU zoning; development may be a combination ofmixed-
use residential and commercial in the same development, including single-family
dwellings, patio homes, townhouses, apartments and condominiums at a density of 5
to 29 dwelling units per acre, as well as neighborhood shopping and specialty centers ,
business parks, service and office uses. The application for rezone from R-4 to C-1 is
consistent with the Comprehensive Plan Land Use Element and meets the intent of
the Goals and Policies for the property.
3. There is merit and value in the proposal for the community as a whole.
3 .1 The site's location at the intersection of two arterial streets provides an opportunity
for a commercial node in an area where neighborhood commercial services do not
exist . The residential development that has occurred along these two corridors brings
significant traffic volumes along these arterial streets and that traffic will increase as
further development occurs within the City's urban growth area boundary over the
next twenty years.
3 .2 Further, the provision of commercial services at this location will help to shorten
vehicle trips for neighborhood residents as they would not have to travel as far to
obtain the convenience goods and services typically provided within a neighborhood
center .
3.3 In the future, the Broadmoor Master Planned area is planned to develop significant
commercial services, but these will be regional in nature, much like the reg ional
services that are provided along Broadmoor Boulevard near the freeway entrance
(such as the auto and RV dealerships). Development of the Broadmoor area will not
provide the type of neighborhood services that this rezoning action seeks to provide.
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3 .4 The proposed zoning designation is consistent with the Comprehensive Plan Land
Use Map and the Goals and Policies as adopted by the Pasco City Council . In
addition to fulfilling the goals and policies of the Comprehensive Plan, the proposal
includes infill development and promotes a healthy and robust Mixed Residential and
Commercial environment.
4. Conditions should be imposed in order to mitigate any significant adverse impacts from the
proposal.
4 .1 The rezone application and anticipated project are subject to the regulations and
requirements of the Pasco Municipal Code and the City of Pasco Design and
Construction Standards . As such, no co nditions should be imposed; any future
development will be evaluated for significant adverse impacts at the time of a
development application , which will also be subject to review under the State
Environmental Policy Act (SEPA).
5. A Concomitant Agreement should be entered into between the City and the petitioner, and if
so , the terms and conditions of such an agreement.
5 .1 If or when applicants pursue the development of this property, they will be required
to conform to design standards established by the PMC. No Concomitant Agreement
is considered necessary for this application .
6 . Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as
such by this reference.
III. RECOMMENDED DECISION
Based on the above Recommended Findings of Fact and Conclusions of Law , the Hearing Examiner
RECOMMENDS APPROVAL , that Lot 1 Short Plat 2019-09 (Parcel 115180065), be rezoned from
R -4 (High-Density Residential) to C-1 (Retail Business).
Dated this Ji_ day of July, 2023.
CITY OF P SCO HEARING EXAMINER
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Item:RezoneTSK2019LLC/KidwellR-4toC-1Applicant(s):TSK2019LLCFile#:Z2023-004"ExhibitB"éxGEMS?AVDD!.mWw___%wwuDyu._u_.>uU_._._._mm:_.EmOME3Lm%mBg?q?rumQn.MmomDQTtilQEDDFEEWDD\?._._Jm>9_ulomUmkmnmmr:1:9m?m?????maaE?edETLCBEDSD?m??m?magameEWgr\W;_:v_oo:_mC3law?u@uurm._EmmEmI%gm?%ggm?$Dm5DQ_.w3QMmDEm?_m$C_:_m:amm,.__wan_uBWmammwaHm:g3amiai3Q3~L,cEDDDDmmgmmmgg??wo[M.)mEGQWUQUm.Dv>_m._ooE_amP_m&_H=/2Wvo.:umoz%4%.5FrWmamc3mPage 68 of 121
REPORT TO HEARING EXAMINER
PUBLIC HEARING
City Hall – 525 North Third Avenue – Remote
WEDNESDAY, 12 July 2023
6:00 PM
1
MASTER FILE #: Z 2023-004
APPLICANT: TSK 2019 LLC
811 Pasco-Kahlotus Road
Pasco WA 99301
REQUEST: REZONE: TSK 2009 LLC Rezone from R-4 (High-Density
Residential) to C-1 (Retail Business)
BACKGROUND
1. PROPERTY DESCRIPTION:
Legal: Lot 1 Short Plat 2019-09 (Parcel 115180065).
General Location: At the northwest corner of Burns Road and Broadmoor Boulevard.
Property Size: Approximately 3.9 acres (172102.0 square feet)
2. ACCESS: The parcel has access from Burns Road and Broadmoor Boulevard.
3. UTILITIES: Municipal water and sewer are available from both Burns Road and Broadmoor
Boulevard.
4. LAND USE AND ZONING: The site is zoned R-4 (High-Density Residential) and is vacant.
Surrounding properties are zoned and developed as follows:
NORTH: R-S-1 Vacant; Rural Residential
EAST: R-1 SFDUs
SOUTH: RT Vacant
WEST: R-4 Vacant
5. Comprehensive Plan: The Comprehensive Plan designates this site as “Mixed Residential and
Commercial.” The Mixed Residential and Commercial designation allows for R-1 through R-4, C-1,
O, and MU zoning; development may be a combination of mixed-use residential and commercial
in the same development, including single-family dwellings, patio homes, townhouses,
apartments and condominiums at a density of 5 to 29 dwelling units per acre, as well as
neighborhood shopping and specialty centers, business parks, service and office uses.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based
on the State Environmental Policy Act (“SEPA”) checklist, Comprehensive Plan, applicable
regulations, and other information, a threshold determination resulting in a Mitgated
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2
Determination of Non-Significance (MDNS) was issued for this project on 30 June 2023, under
WAC 197-11-158.
Mitigation:
1. An inadvertent discovery protocol for the potential discovery of cultural or historical
artifacts must be prepared and submitted to the City before any ground-disturbing permits
are issued.
2. A tier 2 traffic impact analysis to determine the impacts of additional vehicle trips and the
need for traffic mitigation measures shall be prepared in accordance with the City of Pasco’s
most recent Design and Construction Standards and Specifications.
3. The applicant shall prepare and submit an assessment of site access and the surrounding
vicinity with regards to the implementation of neighborhood traffic calming measures and
strategies, pursuant to Pasco Municipal Code (PMC) Chapter 12.15. This evaluation should
encompass a thorough examination of factors such as road layout, traffic flow, pedestrian
safety, and existing infrastructure to determine suitable measures and strategies for
mitigating traffic-related issues within the neighborhood.
ANALYSIS
Request
TSK 2019 LLC has submitted a rezone application (Z 2023-004) from R-4 (High-Density Residential) to C-1
(Retail Business), for Lot 1 Short Plat 2019-09 (Parcel 115180065), located at the northwest corner of
Burns Road and Broadmoor Boulevard.
Site
The site comprises approximately 3.9 acres (172102.0 square feet) and is vacant.
History
The site was annexed into the City in 2015 (Ordinance 4223) and assigned R-1 (Low-Density Residential)
zoning in conjunction with the annexation (Ordinance 4224). In 2016 the City approved a Comprehensive
Plan Land Use amendment (CPA 2016-001) re-designating the site from Low-Density Residential to High-
Density Residential, and based on this amendment the site was subsequently rezoned (Ordinance 4372)
from R-1 (Low-Density Residential) to R-4 (High-Density Residential) in 2017.
In April 2023 the City approved Ordinance 4649, again amending the Comprehensive Plan Future Land
Use Map, changing the designation of the site from High-Density Residential to Mixed Residential and
Commercial. The Mixed Residential and Commercial designation allows for R-1 through R-4, C-1, O, and
MU zoning; development may be a combination of mixed-use residential and commercial in the same
development, including single-family dwellings, patio homes, townhouses, apartments and
condominiums at a density of 5 to 29 dwelling units per acre, as well as neighborhood shopping and
specialty centers, business parks, service and office uses.
Rezone Criteria
The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria
are listed below as follows:
1. The date the existing zone became effective:
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3
The site was rezoned in 2017 from R-1 (Low-Density Residential) to R-4 (High-Density Residential;
Ordinance 4372).
2. The changed conditions, which are alleged to warrant other or additional zoning:
The site's location at the intersection of two arterial streets provides an opportunity for a commercial node
in an area where neighborhood commercial services do not exist. The residential development that has
occurred along these two corridors brings significant traffic volumes along these arterial streets and that
traffic will increase as further development occurs within the City's urban growth area boundary over the
next twenty years. Further, the provision of commercial services at this location will help to shorten vehicle
trips for neighborhood residents as they would not have to travel as far to obtain the convenience goods
and services typically provided within a neighborhood center.
In the future, the Broadmoor Master Planned area is planned to develop significant commercial services,
but applicant posits that these will be regional in nature, much like the regional services that are provided
along Broadmoor Boulevard near the freeway entrance, such as the auto and RV dealerships, and that
development of the Broadmoor area will not provide the type of neighborhood services that this rezoning
action seeks to provide.
In April 2023 the City approved Ordinance 4649, amending the Comprehensive Plan Future Land Use Map,
changing the designation of the site from High-Density Residential to Mixed Residential and Commercial.
The Comprehensive Plan designates this site as “Mixed Residential and Commercial.” The Mixed
Residential and Commercial designation allows for R-1 through R-4, C-1, O, and MU zoning; development
may be a combination of mixed-use residential and commercial in the same development, including single-
family dwellings, patio homes, townhouses, apartments and condominiums at a density of 5 to 29 dwelling
units per acre, as well as neighborhood shopping and specialty centers, business parks, service and office
uses.
3. Facts to justify the change on the basis of advancing the public health, safety and general welfare:
Pasco municipal code section 25.85.010 states the purpose of the C-1 Retail Business zone:
The C-1 retail business district is established to provide for the location of commercial
activities outside the central business district that meet the retail shopping and service
needs of the community.
By developing neighborhood commercial services within or adjacent to neighborhoods, vehicle trips are
shortened, as residents would not have to drive as far to obtain the services they need. Additionally, a
neighborhood center also provides opportunities for both pedestrian and bicycle travel for residents living
near the site. Residents living on or near the Broadmoor Boulevard and Burns Road corridors will benefit
from the provision of commercial services on-site.
The Comprehensive Plan designates this site as “Mixed Residential and Commercial.” The Mixed
Residential and Commercial designation allows for R-1 through R-4, C-1, O, and MU zoning; development
may be a combination of mixed-use residential and commercial in the same development, including single-
family dwellings, patio homes, townhouses, apartments and condominiums at a density of 5 to 29 dwelling
units per acre, as well as neighborhood shopping and specialty centers, business parks, service and office
uses.
The rezone request aligns with the Comprehensive Plan Land Use amendment (Ordinance 4649) for the
site. Furthermore, the City Council found that the amendment (Ordinance 4649) met the decision criteria
contained in PMC 25. 215. 020, and that the amendment is consistent with the Comprehensive Plan and
the goals and policies of the City.
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4
4. The effect it will have on the value and character of the adjacent property and the Comprehensive
Plan:
The site is ideally situated to provide neighborhood commercial services to the existing and future residents
along Burns Road and Broadmoor Boulevard. Traffic on both Burns Road and Broadmoor Boulevard is
expected to increase tenfold by 2038. The projected volume of traffic adjacent to the site represents a
significant market opportunity to provide neighborhood commercial services that would be a benefit to
local residents.
Future commercial development on the site would be bordered by vacant residentially classified lands to
the north and west. Existing zoning standards require additional setbacks for commercial properties that
are adjacent to residential land. Additionally, standards regulating building height, landscape buffers,
fencing, screening of parking and loading areas are sufficient to ensure compatibility between land uses.
served.
5. The effect on the property owner or owners if the request is not granted:
The site is designated as Mixed Residential and Commercial under the City's current comprehensive plan,
making the proposed rezone to C-1 zoning consistent with the plan. In addition, the proposed rezone would
help to implement several land use policies. If the site remains with the current zoning designations the
site may remain vacant.
6. The Comprehensive Plan land use designation for the property
The Land Use Element of the Comprehensive Plan designates the lot “Mixed Residential and Commercial
District;” the proposed zoning district is compatible with the Comprehensive Plan Land Use designation.
7. Such other information as the Hearing Examiner requires
The rezone application is consistent with and meets the intent of the Comprehensive Plan, and City Council
Goals. The opportunity for higher density residential uses in this area supports the Land Use Element of
the Comprehensive Plan.
STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial findings drawn from the
background and analysis section of the staff report. The Hearing Examiner may add additional findings to
this listing as the result of factual testimony and evidence submitted during the open record hearing.
1. Public notice of this hearing was sent to property owners within 300 feet of the property and
posted in the Tri-City Herald on 21 June 2023.
2. Applicant wishes to rezone Lot 2 and a portion of Lot 3 of Short Plat 2020-22 (Parcel 115180065),
from R-4 (High-Density Residential) to C-1 (Retail Business)
3. The site is located at the northwest corner of Burns Road and Broadmoor Boulevard.
4. The site comprises approximately 3.9 acres (172102.0 square feet).
5. The site is vacant.
6. The site was annexed into the City in 2015 (Ordinance 4223)
7. The site was assigned R-1 (Low-Density Residential) zoning in conjunction with the annexation
(Ordinance 4224).
8. The City approved a Comprehensive Plan Land Use amendment (CPA 2016-001) in 2016 re-
designating the site from Low-Density Residential to High-Density Residential.
9. The site was rezoned (Ordinance 4372) from R-1 (Low-Density Residential) to R-4 (High-Density
Residential) in 2017 based on Land Use amendment (CPA 2016-001).
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5
10. In April 2023 the City approved Ordinance 4649, again amending the Comprehensive Plan Future
Land Use Map, changing the designation of the site from High-Density Residential to Mixed
Residential and Commercial.
11. The Comprehensive Plan designates this site as “Mixed Residential and Commercial.”
12. The Mixed Residential and Commercial designation allows for R-1 through R-4, C-1, O, and MU
zoning;
13. The Mixed Residential and Commercial designation allows for development of a combination of
mixed-use residential and commercial in the same development, including single-family
dwellings, patio homes, townhouses, apartments and condominiums at a density of 5 to 29
dwelling units per acre.
14. The Mixed Residential and Commercial designation allows for neighborhood shopping and
specialty centers, business parks, service and office uses.
TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of a rezone, the Hearing Examiner must develop findings of fact
from which to draw its conclusions based upon the criteria listed in PMC 25.210.060. The criteria are as
follows:
1. The proposal is in accordance with the goals and policies of the Comprehensive Plan.
The Land Use Element of the Comprehensive Plan designates the lot “Mixed Residential and Commercial
District.” The proposed C-1 zoning district would be in alignment with the Land Use map within the City’s
Comprehensive Plan. Future potential development could additionally foster or help to implement the
following policies from the Comprehensive Plan:
Land Use Policy LU-2-A: Maintain sufficient land designated to accommodate residential, commercial,
industrial, educational, public facility, and open-space uses proximate to appropriate transportation and
utility infrastructure. [Applicant’s note: A small commercial node at the intersection of two arterial streets
is an ideal location to serve the existing and future residential neighborhoods in the northwest portion of
Pasco. Access and utility infrastructure are present and available to serve the proposed use. Development
of a commercial node will provide convenient neighborhood scale commercial services to neighborhoods
that otherwise would not be served].
Land Use Policy LU-4-A: Reduce the dependency of vehicle travel and encourage pedestrian and multi-
modal options by providing compatible land-uses in and around residential neighborhoods.
[Applicant’s note: Providing a node for neighborhood commercial services at the intersection of two
arterial streets in the midst of a growing residential area is compatible with this policy. While development
of a commercial node may not eliminate dependence on vehicle travel, it would shorten the length of many
vehicle trips that residents need to take to obtain commercial services].
Land Use Policy LU-4-C: Encourage the development of walkable communities by increasing mixed-use
(commercial/residential) developments that provide households with neighborhood and commercial
shopping opportunities.
[Applicant’s note: Providing a commercial node at the intersection of Burns Road and Broadmoor will
provide neighborhood commercial services in an area that is currently underserved by neighborhood scale
commercial services. The regional mixed use land use that will develop south of the site will draw
customers from throughout the City and Tri-Cities region but does not provide residents with convenient
neighborhood services. The existing and future neighborhoods located along Burns Road and north along
Broadmoor Boulevard do not have a local option for gas and convenience items. The regional shopping
Page 73 of 121
6
facilities that will be built south of Burns Road will provide regional services but will not be where a
neighborhood resident would want to stop on their morning commute to buy gas or a cup of coffee].
Land Use Policy LU-6-A: Encourage commercial and higher-density residential uses along major corridors
and leverage infrastructure availability.
[Applicant’s note: Locating commercial services at the intersection of Broadmoor Boulevard and Burns
Road, two arterial streets, is consistent with the intent of this policy. Both water and sewer services are
available in close proximity to the site, so infrastructure and street corridors are both in place to serve this
property].
Land Use Policy LU-6-8: Promote efficient and functional neighborhood level and major commercial
centers to meet community demand.
[Applicant’s note: The zoning change would result in the provision of neighborhood level commercial
services to the neighborhoods that are expanding along Burns Road and Broadmoor Boulevard. The
demand for community services is already present. Approval of the requested comprehensive plan
amendment would result in construction of facilities that will meet that demand].
Implementation Policy IM-3-C: Consider the interests of the entire community and the goals and policies
of the Comprehensive Plan prior to making land use and planning decisions.
[Applicant’s note: The proposed rezone would implement several goals and policies of the comprehensive
plan. It would be beneficial to the existing and future residents of Northwest Pasco by providing convenient
and needed neighborhood commercial services].
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
The Comprehensive Plan designates this site as “Mixed Residential and Commercial.” The Mixed
Residential and Commercial designation allows for R-1 through R-4, C-1, O, and MU zoning; development
may be a combination of mixed-use residential and commercial in the same development, including single-
family dwellings, patio homes, townhouses, apartments and condominiums at a density of 5 to 29 dwelling
units per acre, as well as neighborhood shopping and specialty centers, business parks, service and office
uses.
The application for rezone from R-4 to C-1 is consistent with the Comprehensive Plan Land Use Element
and meets the intent of the Goals and Policies for the property.
3. There is merit and value in the proposal for the community as a whole.
The site's location at the intersection of two arterial streets provides an opportunity for a commercial node
in an area where neighborhood commercial services do not exist. The residential development that has
occurred along these two corridors brings significant traffic volumes along these arterial streets and that
traffic will increase as further development occurs within the City's urban growth area boundary over the
next twenty years.
Further, the provision of commercial services at this location will help to shorten vehicle trips for
neighborhood residents as they would not have to travel as far to obtain the convenience goods and
services typically provided within a neighborhood center.
In the future, the Broadmoor Master Planned area is planned to develop significant commercial services,
but these will be regional in nature, much like the regional services that are provided along Broadmoor
Boulevard near the freeway entrance (such as the auto and RV dealerships). Development of the
Broadmoor area will not provide the type of neighborhood services that this rezoning action seeks to
provide.
Page 74 of 121
7
The proposed zoning designation is consistent with the Comprehensive Plan Land Use Map and the Goals
and Policies as adopted by the Pasco City Council. In addition to fulfilling the goals and policies of the
Comprehensive Plan, the proposal includes infill development and promotes a healthy and robust Mixed
Residential and Commercial environment.
4. Conditions should be imposed in order to mitigate any significant adverse impacts from the
proposal.
The rezone application and anticipated project are subject to the regulations and requirements of the
Pasco Municipal Code and the City of Pasco Design and Construction Standards. As such, no conditions
should be imposed; any future development will be evaluated for significant adverse impacts at the time
of a development application, which will also be subject to review under the State Environmental Policy
Act (SEPA).
5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so,
the terms and conditions of such an agreement.
If or when applicants pursue the development of this property, they will be required to conform to design
standards established by the PMC. No Concomitant Agreement is considered necessary for this application.
RECOMMENDATION
Staff recommends based on the Findings of Fact and Conclusions herein, that Lot 1 Short Plat 2019-09
(Parcel 115180065), be rezoned from R-4 (High-Density Residential) to C-1 (Retail Business).
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Looking North
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Looking Northeast
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Looking East
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Looking Southeast
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Looking South
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Looking Southwest
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Looking Northwest
Page 89 of 121
Affidavit of Mailing
In regards to MF# 22023-004
I, Carmen Patrick, hereby confirm that notification was sent by mail June 21, 2023 to the owners of the
parcels within 300 feet of the proposed site .
The attached Notification List and Notice of Public Hearing are to be used as a reference as to what was
sent and to whom received the notification.
Given under my hand and official signature this 21 5r day, June of 2023.
~~UlAW
Representative's Signature
Page 90 of 121
1
PdSco Community Deve lopment Department
PO Box 293 , 525 N 3rd Ave, Pa sco , WA 99301
P: 509.545 .3441 / F: 509.545 .3499
NOTICE OF PUBLIC HEARING
Si necesita ayuda para entender este aviso o necesita mas informaci6n, por favor llame al Departamento de Desarrollo
Comunitario y Econ6mico de la Ciudad de Pasco a 509-545-3441.
A public hearing with the Hearing Examiner will be held on July 12, 2023, at 6:00 pm
Place: Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco, Washington .
Proposal: TSK 2019 LLC, c/o Stacy Kidwell, has submitted a Rezone application (Z 2023-004} from R-3 {Medium-Density Residential}
to C-1 (Retail Business) for approximately 3.9 acres on Lot 1, Short Plat 2019-09 (Franklin County Assessor Parcel No . 11518065) in
Pasco, WA 99301. Said property is located along The Northwest corner of the intersection of Burns Road and Broadmoor Boulevard.
The proposal is subject to regulations contained in the Pasco Municipal Code. The property owners' intention is to construct a gas
station and convenience store on the property; other neighborhood commercial uses would be added to the site in the future. Under
either C-1 (Retail Business) or the current R-3 (Medium-Density Residential) zoning, future development is expected to result in new
trips produced from and attracted to the site, and differences between a build-out under either scenario would be only speculative .
Future site-specific development applications will be subject to SEPA environmental review and code requirements . Impact fees will
apply.
Public Comment Period: Written comments must be submitted to the Community Development Department by 5:00
p.m. on July 12. 2023 to be included in the Hearing Examiner packet. Testimony of written material may also be submitted
at the public hearing. If you have questions on the proposal, contact the Planning Division at (509) 545-3441 or via e-mail
to: planning@pasco-wa.gov.
If you wish to participate in the hearing virtually, please register at least 2 hours prior to the meeting at the following
registration link:
www.pasco-wa.gov/publiccomment
After registering, you will receive a confirmation email containing information about joining the webinar.
Estimated Date of the Decision: It is estimated that the Hearing Examiner will make a recommendation to city Council on
the Rezone within ten (10) business days of the public hearing.
The City of Pasco welcomes full participation in public meetings by all citizens . No qualified individual with a disability shall be
excluded or denied the benefit of participating in such meetings. If you wish to use auxiliary aids or require assistance to comment
at this public meeting, please contact the Community Development Department at (509) 545-3441 or TDD (509) 585-4425 at least
ten days prior to the date of the meeting to make arrangements for special needs.
Page 91 of 121
Overview
I Map
Feet
Item: Rezone TSK 2019 LLC/K.idwell R-3 to C-1
Applicant(s): TSK 2019 LLC
File #: Z 2023-004 ----
N
A Page 92 of 121
\IAME ADDRESS CITY STATE ZIP
~OBERT M & LYDIA E VAZQUEZ 9818 SILVERBRIGHT DR PASCO WA 99301
flN & LAN THI NGUYEN 9904 SILVERBRIGHT DR PASCO WA 99301
JUAN F SILVA 9908 SILVERBRIGHT DR PASCO WA 99301
MIGUEL MUNIZ 9912 SIL VERBRIGHT DR PASCO WA 99301
SARAH J ROCHA (ETAL) 9911 SILVERBRIGHT DR PASCO WA 99301
MATTHEW LEE & AMY CORDRAY 9907 SILVERBRIGHT DR PASCO WA 99301
DEBRA A PARSONS 9903 SILVERBRIGHT DR PASCO WA 99301
SHAWN NYMAN (ETUX) 9904 COHO CT PASCO WA 99301
BENJAMIN MEDINA (ETAL) 9908 COHO CT PASCO WA 99301
FRANK & MARTHA OTANO 9912 COHO CT PASCO WA 99301
HAYLEE M & DAKOTA R WILEY 9911 COHO CT PASCO WA 99301
ZHIHAN ZHANG 9907 COHO CT PASCO WA 99301
HELEN ROBISON 9903 CHINOOK CT PASCO WA 99301
ANDREW MARK OLSEN 9907 CHINOOK CT PASCO WA 99301
GABRIEL & ROSA SENORINA DEJESU 9911 CHINOOK CT PASCO WA 99301
JAMES & HOLLY JO WOOLF 9912 CHINOOK CT PASCO WA 99301
DANIELE R & DANIEL PARDINI 9908 CHINOOK CT PASCO WA 99301
ANDRE L & KRISTEN A WREN 9904 CHINOOK CT PASCO WA 99301
ALFORD ENTERPRISES LLC PO BOX 2146 PASCO WA 99302
TSK 2019 LLC 811 PASCO KAHLOTUS RD PASCO WA 99301
PASCO-BURNS LLC 9321 NE 72ND AVE BLDG C VANCOUVER WA 98665
BROADMOOR PROPERTIES LLC 6070 LAKE GENEVA DR RENO NV 89511
CLEVELAND R & MARIE A JOHNSON 9911 NORFOLK DR PASCO WA 99301
RODNEY L WALDBAUER 6312 KNIGHTSBRIDGE LN PASCO WA 99301
NOE A LIMA (ETUX) 6308 KNIGHTSBRIDGE LN PASCO WA 99301 Page 93 of 121
ORDINANCE NO.4649
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
ADOPTING THE BROADMOOR BLVD AND BURNS ROAD (CPA2022-001)
FUTURE LAND USE AMENDMENT TO THE COMPREHENSIVE PLAN OF
THE CITY OF PASCO PURSUANT TO THE GROWTH MANAGEMENT ACT
CHAPTER 36.70A RCW.
WHEREAS, the Growth Management Act authorizes the City to, among other things,
amend the Comprehensive Plan on an annual basis; and
WHEREAS, the privately initiated proposal to amend the Future Land Use Map from
Medium Density Residential to Mixed Residential and Commercial on parcel 11518065 was
submitted for consideration with the 2022 Comprehensive Plan Amendment Docket; and
WHEREAS, the Planning Commission conducted workshops and public hearings
pursuant to legally required notice on the proposed amendment to the Comprehensive Plan and
recommended approval to the City Council; and
WHEREAS, the City Council considered and discussed the proposed annual amendment
to the Comprehensive Plan; and
WHEREAS, the City Council desires to amend the Future Land Use Map of the
Comprehensive Plan.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The Future Land Use Map amendment to the Pasco Comprehensive Plan,
as shown in Exhibit A, changing the designation of the land use from Medium Density Residential
to Mixed Residential and Commercial is hereby adopted.
Section 2. The City Council finds that the amendment has met the decision criteria
contained in PMC 25.215.020; that the amendment is consistent with the Comprehensive Plan and
the goals and policies of the City.
Section 3. The Pasco Comprehensive Plan, adopted pursuant to Chapter 35A.63 RCW,
is amended consistent with Section 1 of this Ordinance.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, or word
of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any
other section, subsection, sentence, clause, phrase, or word of this Ordinance.
Ordinance — FLU (CPA2022-001) - 1
Page 94 of 121
Section 5. Corrections. Upon approval by the city attorney, the city clerk or the code
reviser are authorized to make necessary corrections to this Ordinance, including scrivener's errors
or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or
numbering or referencing of Ordinances or their sections and subsections.
Section 6. Effective Date. This Ordinance shall take full force and effect five (5) days
after approval, passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, on this 17th day of April,
2023.
4
Blanche Barajas
Mayor
ATTEST:
Debra Barham, CMC
City Clerk
Published:
APPROVED AS TO FORM:
son
City Attorn
Ordinance — FLU (CPA2022-001) - 2
Page 95 of 121
Exhibit A
CPA2022-001 — Broadmoor Blvd and Bums Road
Legend
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Page 96 of 121
1 ii Cityof 11• Pasco Community Development Department
PO Box 293, 525 N 3 rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
MITIGATED DETERMINATION OF NON-SIGNIFICANCE
(Optional DNS Process)
Issuance Date: June 30, 2023
Project Name: TSK 2019/Kidwell R-4 to C-1 Rezone
Project Number: SEPA 2023-039/Z 2023-004
Proponent:
Applicant:
TSK 2019 LLC
811 Pasco-Kahlotus Road
Pasco WA 99301
TSK 2019 LLC
811 Pasco-Kahlotus Road
Pasco WA 99301
Description of Proposal: A rezone from R-4 (High-Density Residential) to C-1 (Retail Business)
Location of Proposal: Lot 1 Short Plat 2019-09 (Parcel 115180065) in Pasco, WA.
Mitigation:
1.An inadvertent discovery protocol for the potential discovery of cultural or historical
artifacts must be prepared and submitted to the City before any ground-disturbing permits
are issued.
2.A tier 2 traffic impact analysis to determine the impacts of additional vehicle trips and
the need for traffic mitigation measures shall be prepared in accordance with the City
of Pasco's most recent Design and Construction Standards and Specifications.
3.The applicant shall prepare and submit an assessment of site access and the
surrounding vicinity with regards to the implementation of neighborhood traffic
calming measures and strategies, pursuant to Pasco Municipal Code (PMC) Chapter
12.15. This evaluation should encompass a thorough examination of factors such as
road layout, traffic flow, pedestrian safety, and existing infrastructure to determine
suitable measures and strategies for mitigating traffic-related issues within the
neighborhood.
Page 97 of 121
Lead Agency: City of Pasco
The City of Pasco, acting as lead agency for this proposal, has determined that it does not
have a probable significant adverse impact on the environment. An environmental impact
statement (EIS) is not required under RCW 43.21C.030(2)(c). This decision was made after
review of a completed environmental checklist and other information on file with the lead
agency. This information is available to the public on request. This MDNS is issued after
using the optional DNS process in WAC 197-11-355. There is no further comment period
on the MDNS. Appeals must be filed within 10 days of this determination.
Responsible Official: __ ,.__�/c...----'--1---\..:..c....�..,.L.L;:;...._ __ ......;;::'---------
Jacob Go zalez, C&EO lpterim Director
Address: PO Box 293, Pasco, WA 99301-0293
Phone: (509) 545-3441
Appeals: You may appeal this mitigated determination of non-significance by submitting
an appeal to the address below no later than 10 days from issuance. The appeal must be
in written form, contain a concise statement of the matter being appealed and the basic
rationale for the appeal. A fee is required per the City's Fee Resolution. Please note that
failure to file a timely and complete appeal shall constitute a waiver of all rights to an
administrative appeal under City code. All comments or appeals are to be directed to the
City of Pasco Planning Department, PO Box 293, Pasco, WA, 99301, Attn: Jacob Gonzalez.
Page 98 of 121
AGENDA REPORT
FOR: City Council September 8, 2023
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 9/18/23
FROM: Steve Worley, Director
Public Works
SUBJECT: Resolution No. 4372 - I-182 & Broadmoor Interchange Construction
Management PSA
I. REFERENCE(S):
Resolution
Professional Services Agreement (PSA)
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. 4372, authorizing the City Manager to
execute a PSA with Atlas Consultant LLC., for construction management services for
the I-182 and Broadmoor Interchange Improvement Project.
III. FISCAL IMPACT:
Atlas Consultant, LLC. PSA #23-027: $965,800.05
This project is funded through the Tax Increment Financing established for the
Broadmoor area.
IV. HISTORY AND FACTS BRIEF:
The I-182/Broadmoor Interchange Improvements project includes the construction of an
additional eastbound Ion lane deceleration -loopednew a 182 to -for ramp off
northbound Broadmoor Blvd traffic. The new loop off-ramp will bring eastbound I-182
traffic under the existing interchange overpass and loop around to Broadway Blvd. A
roundabout will also be constructed to replace the existing signal at the eastbound on/off
ramps and Broadmoor Blvd intersection.
This is the first of a series of projects recommended by the Access Revision Report at
this interchange. The development of an Access Revision Report (ARR), which included
a robust public involvement process and received Federal Highway Administration
(FHWA) and Washington Department of Transportation (WSDOT) approval.
Page 99 of 121
Design of the off-ramp and roundabout was completed in early 2023. Project bid
opening took place on June 9, 2023. The construction contract was awarded to the
Nelson Construction Group of Walla Walla, WA. Construction activities are anticipated
to begin in the fall of 2023.
As the project was developed, it was identified that construction management of the
project would require staff to be assigned to the project and solely dedicated to it, with
availability to cover inspection, documentation and coordination with FHWA and
WSDOT through the duration of the construction (18 months). The inherent
requirements of the project, are beyond our staff’s availability, based on current and
projected workloads.
Staff conducted a formal Request for Qualifications, soliciting firms for construction
management of the project. The call received no responses. Based on lack of responses
and project time limitations, staff solicited Atlas Technical consultants from the MRSC
Consultant Roster for the required services.
V. DISCUSSION:
The proposed Professional Services Agreement (PSA) provides the support necessary
to successfully perform construction management duties on this project through the a
consultant, Atlas Technical Consultants, LLC. (Atlas). Atlas will provide Construction
Engineering & Inspection (CE&I) Services which include contract administration,
inspection and project office documentation under the general direction of the assigned
Project manager and Construction Manager. These services are critical to ensure and
document compliance with all City of Pasco and Washington State Department of
Transportation (WSDOT) standards and quality control.
Staff has reviewed and negotiated the Scope of Work (SOW) and Fee for Atlas
Construction Management Services PSA and recommends approval in the amount of,
not to exceed, $965,800.05.
Page 100 of 121
Resolution – I-182 & Broadmoor IC CN Management PSA - 1
RESOLUTION NO. ____
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH ATLAS TECHNICAL
CONSULTANTS, LLC., FOR CONSTRUCTION MANAGEMENT SERVICES
FOR THE I-182 & BROADMOOR INTERCHANGE IMPROVEMENTS
PROJECT.
WHEREAS, the City of Pasco (City) requires professional services from an engineering
firm to provide construction management services for the I-182 & Broadmoor Interchange
Improvements Project; and
WHEREAS, the City published an announcement of its Request for Qualifications (RFQ)
related to its general need for professional construction management services pursuant to RCW
39.80.030; and
WHEREAS, the City received no responses to its RFQ, City staff moved forward with a
prospective consultant as allowed under RCW 35.23.352, and contacted Atlas Technical
Consultants, LLC., for construction management services; and
WHEREAS, the City, pursuant to RCW 39.80.050(1), negotiated a fair and reasonable
contract with Atlas Technical Consultants, LLC., based on the estimated value of services
including scope, complexity, and professional nature; and
WHEREAS, the City hereby finds that Atlas Technical Consultants, LLC., is the most
highly qualified firm to perform the necessary construction management services related to the I-
182 & Broadmoor Interchange Improvements Project and the negotiated contract is both fair and
reasonable for an amount not to exceed $965,800.05.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Manager of the City of Pasco, Washington, is hereby authorized, empowered,
and directed to sign and execute the Professional Services Agreement for construction
management services on behalf of the City of Pasco and to make minor substantive changes as
necessary to execute the Agreement.
Be It Further Resolved, that this Resolution shall take effect and be in full force
immediately upon passage by the City Council
Page 101 of 121
Resolution – I-182 & Broadmoor IC CN Management PSA - 2
PASSED by the City Council of the City of Pasco, Washington, on this 18th day of
September, 2023.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 102 of 121
Professional Services Agreement – Atlas Technical Consultants, LLC. Agreement No. 23-027
I-182 & Broadmoor Interchange Improvements - Construction Management Services Page 1 of 9
PROFESSIONAL SERVICES AGREEMENT
I-182 & Broadmoor Interchange Improvements - Construction Management Services
(Project No. 21292)
Agreement No. 23-027
THIS AGREEMENT is made and entered into between the City of Pasco, a Washington
Municipal Corporation, hereinafter referred to as “City”, and Atlas Technical Consultants, LLC.,
hereinafter referred to as “Consultant,” on the _______ day of _________________, 2023.
RECITALS
WHEREAS, the City desires to have certain services and/or tasks performed as set forth
below requiring specialized skills, training, equipment, and other supportive capabilities; and
WHEREAS, the Consultant represents that it is qualified and possesses sufficient skills,
experience, equipment, and necessary capabilities, including: technical and professional expertise,
when required, to perform the services and/or tasks as set forth in this Agreement upon which the
City is relying.
WHEREAS, the City has, consistent with RCW 39.80, published an announcement related
to its need for Architectural and Engineering services, evaluated Consultant’s current performance
data, and has determined that Consultant is the most highly qualified firm to perform the
Architectural and Engineering services related to the I-182 & Broadmoor Interchange
Improvements project; and
WHEREAS, the City’s Public Works Director finds that the Agreement with Consultant
is both fair and reasonable in light of the duties to be performed, the Consultant’s performance
data, and the nature and complexity of the project.
NOW, THEREFORE, in consideration of the mutual covenants, and performances
contained herein, the parties agree as follows:
1. Scope of Services. The Consultant shall perform such services and accomplish such tasks,
including the furnishing of all labor, materials, facilities and equipment necessary for full
performance thereof, as identified and designated as Consultant’s Responsibilities
throughout this Agreement, and as more particularly described in Scope of Work detailed
in Exhibit A, attached hereto and incorporated herein (the “Project”).
2. Term. This Project shall begin on the execution date listed above and promptly be
completed by 12/31/2025.
3. Compensation and Payment.
3.1 Payment for services provided hereunder shall be made following the performance
of such services. Such payment shall be full compensation for work performed or
Page 103 of 121
Professional Services Agreement – Atlas Technical Consultants, LLC. Agreement No. 23-027
I-182 & Broadmoor Interchange Improvements - Construction Management Services Page 2 of 9
services rendered, and for all labor, materials, supplies, equipment, and incidentals
necessary to complete the Project.
3.2 No payment shall be made for any services rendered by the Consultant except for
services identified and set forth in this Agreement except as may be authorized by
a written supplemental agreement approved by the City.
3.3 The City shall pay the Consultant for work performed under this Agreement upon
timely submitted invoices detailing work performed and expenses for which
reimbursement is sought. The City shall approve all invoices before payment is
issued. Payment shall occur within thirty (30) days of receipt and approval of an
invoice.
3.4 The City shall pay the Consultant for all work performed and expenses incurred
under this Agreement, as follows.
☒ Hourly (Multiple Rate): Such rates as identified on Exhibit B, plus actual
expenses incurred as provided under this Agreement, but not to exceed a
total of $965,800.05 without the prior written authorization by the City.
4. Reports and Inspections.
4.1 The Consultant at such times and in such forms as the City may require, shall
furnish to the City such statements, records, studies, surveys, reports, data, and
information as the City may request pertaining to matters covered by this
Agreement.
4.2 The Consultant shall, at any time during normal business hours and as often as the
City or the Washington State Auditor may reasonably deem necessary, make
available for examination all of its records and data with respect to all matters
covered, directly or indirectly, by this Agreement and shall permit the City, or its
designated authorized representative to audit and inspect other data relating to all
matters covered by this Agreement. The City shall receive a copy of all audit
reports made by the agency or firm as to the Consultant’s activities. The City may,
at its discretion, conduct an audit at its expense, using its own or outside auditors,
of the Consultant’s activities which relate, directly or indirectly, to this Agreement.
Consultant shall be provided a copy of such reports.
4.3 The Consultant, during the term of this Agreement, shall obtain all permits and
registration documents necessary for the performance of its work and for the
execution of services at its own expense, and shall maintain its validity. Upon
request, the Consultant shall deliver to the City copies of these licenses, registration
documents, and permits or proof of their issuance or renewal.
4.4 Consultant shall maintain books, records and documents, which sufficiently and
properly reflect all direct and indirect costs related to the performance of this
Page 104 of 121
Professional Services Agreement – Atlas Technical Consultants, LLC. Agreement No. 23-027
I-182 & Broadmoor Interchange Improvements - Construction Management Services Page 3 of 9
Agreement, and shall maintain such accounting procedures and practices as may be
necessary to assure proper accounting of all funds paid pursuant to this Agreement.
These records shall be subject, at all reasonable times, to inspection, review, or
audit as provided above.
4.5 The Consultant shall retain all books, records, documents or other material relevant
to this Agreement for three (3) years after its expiration. Consultant agrees that the
City, or its designee, shall have full access and right to examine any of said
materials at all reasonable times during this period.
5. Ownership and Use of Documents.
5.1 All research, tests, surveys, preliminary data, information, drawings and documents
made, collected, or prepared by the Consultant for performing the services subject
to this Agreement, as well as any final product, collectively referred to as “work
product,” shall be deemed as the exclusive property of the City, including copyright
as secured thereon. Consultant may not use them except in connection with the
performance of the services under this Agreement or with the prior written consent
of the City. Any prior copyrighted materials owned by the Consultant and utilized
in the performance of the services under this Agreement, or embedded in with the
materials, products and services provided thereunder, shall remain the property of
the Consultant subject to a license granted to the City for their continued use of the
products and services provided under this Agreement. Any work product used by
the Consultant in the performance of these services which it deems as
“confidential,” “proprietary,” or a “trade secret” shall be conspicuously designated
as such.
5.2 In the event of Consultant’s default, or in the event that this Agreement is
terminated prior to its completion, the work product of the Consultant, along with
a summary of the services performed to date of default or termination, shall become
the property of the City, and tender of the work product and summary shall be a
prerequisite to final payment under this Agreement. The summary of services
provided shall be prepared at no additional cost, if the Agreement is terminated
through default by the Consultant. If the Agreement is terminated through
convenience by the City, the City agrees to pay Consultant for the preparation of
the summary of services provided.
6. Public Records.
6.1 Consultant acknowledges that the City is an agency subject to Chapter 42.56 RCW
“Public Records Act.” All preliminary drafts or notes prepared or gathered by the
Consultant, and recommendations of the Consultant are exempt prior to the
acceptance by the City or public citation by the City in connection with City action.
6.2 If the Consultant becomes a custodian of public records of the City and request for
such records is received by the City, the Consultant shall respond to the request by
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the City for such records within five (5) business days by either providing the
records, or by identifying in writing the additional time necessary to provide the
records with a description of the reasons why additional time is needed. Such
additional time shall not exceed twenty (20) business days unless extraordinary
good cause is shown.
6.3 In the event the City receives a public records request for protected work product
of the Consultant within its possession, the City shall, prior to the release of any
protected work product or as a result of a public records request or subpoena,
provide Consultant at least ten (10) business days prior written notice of the pending
release and to reasonably cooperate with any legal action which may be initiated
by the Consultant to enjoin or otherwise prevent such release.
7. Independent Contractor Relationship.
7.1 The parties intend that an independent contractor relationship is created by this
Agreement. The City is interested primarily in the results to be achieved; subject
to the scope of services and the specific requirements of this Agreement, the
implementation of services will lie solely with the discretion of the Consultant. No
agent, employee, officer or representative of the Consultant shall be deemed to be
an employee, agent, officer, or representative of the City for any purpose, and the
employees of the Consultant are not entitled to any of the benefits or privileges the
City provides for its employees. The Consultant will be solely and entirely
responsible for its acts and for the acts of its agents, employees, officers,
subcontractors or representatives during the performance of this Agreement.
7.2 In the performance of the services provided in this Agreement, Consultant is an
independent contractor with full authority to control and direct the performance of
the details of the work, however, the results of the work contemplated herein must
meet the approval of the City and shall be subject to the City’s general rights of
inspection and review to secure the satisfactory completion thereof.
7.3 The Consultant shall comply with all State and Federal laws including, but not
limited to:
7.3.1 The definition requirements of RCW 50.04.140 (Employment Security).
7.3.2 RCW 51.08.195 (Industrial Insurance).
7.3.3 Obtain a City of Pasco business license.
7.4 The City may, at its sole discretion, require the Consultant to remove any employee,
agent or servant from employment on this Project who, in the City’s sole discretion,
may be detrimental to the City’s interest.
8. Indemnification.
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8.1 The Consultant shall defend, indemnify, and hold harmless the City, its officers,
officials, employees, and volunteers harmless from any and all claims, injuries,
damages, losses or suits including attorney fees, arising out of or resulting from the
acts, errors or omissions of the Consultant in performance of this Agreement,
except for injuries and damages caused by the sole negligence of the City.
8.2 However, should a court of competent jurisdiction determine that this Agreement
is subject to RCW 4.24.115, then, in the event of liability for damages arising out
of bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Consultant, and the City, its officers, officials,
employees, and volunteers, the Consultant’s liability, including the duty and cost
to defend, hereunder shall be only to the extent of the Consultant’s negligence. It is
further specifically and expressly understood that the indemnification provided
herein constitutes the Consultant’s waiver of immunity under Industrial Insurance,
Title 51 RCW, solely for purposes of this indemnification. This waiver has been
mutually negotiated by the parties. The provisions of this section shall survive the
expiration or termination of this Agreement.
8.3 No liability shall attach to the City by reason of entering into this Agreement except
as expressly provided herein.
8.4 This indemnification shall include damages, penalties and attorney fees sustained
as a result of Consultant’s delayed or failed performance of Section 6 above.
9. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise
from or in connection with the performance of the work hereunder by the Consultant, its
agents, representatives, employees, or subcontractors. The Consultant’s maintenance of
insurance as required by the Agreement shall not be construed to limit the liability of the
Consultant to the coverage provided by such insurance, or otherwise limit the City’s
recourse to any remedy available at law or in equity.
9.1 Minimum Scope of Insurance. Consultant shall obtain insurance of the types and
coverage described below:
9.1.1 Automobile Liability insurance covering all owned, non-owned, hired and
leased vehicles. Coverage shall be at least as broad as Insurance Services
Office (ISO) form CA 00 01.
9.1.2 Commercial General Liability insurance shall be at least as broad as ISO
occurrence form CG 00 01 and shall cover liability arising from premises,
operations, stop-gap independent contractors and personal injury and
advertising injury. The City shall be named as an additional insured under
the Consultant’s Commercial General Liability insurance policy with
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respect to the work performed for the City using an additional insured
endorsement at least as broad as ISO endorsement form CG 20 26.
9.1.3 Workers’ Compensation coverage as required by the Industrial Insurance
laws of the State of Washington.
9.1.4 Professional Liability insurance appropriate to the Consultant’s profession.
9.2 Minimum Amounts of Insurance. Consultant shall maintain the following
insurance limits:
9.2.1 Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
9.2.2 Commercial General Liability insurance shall be written with limits no less
than:
☒ $2,000,000 each occurrence; and
☒ $2,000,000 general aggregate;
9.2.3 Professional Liability insurance shall be written with limits no less than:
☒ $2,000,000 per claim; and
☒ $2,000,000 policy aggregate limit;
9.3 Other Insurance Provision. The Consultant’s Automobile Liability, Professional
Liability, and Commercial General Liability insurance policies are to contain, or be
endorsed to contain that they shall be primary insurance as respect the City. Any
insurance, self-insurance, or self-insured pool coverage maintained by the City
shall be excess of the Consultant’s insurance and shall not contribute with it.
9.3.1 The Consultant’s insurance shall be endorsed to state that coverage shall not
be cancelled by either party, except after thirty (30) days prior written notice
by certified mail, return receipt requested, has been given to the City.
9.4 Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best rating of not less than A: VII.
9.5 Verification of Coverage. Consultant shall furnish the City with original
certificates and a copy of the amendatory endorsements, including, but not
necessarily limited to, the additional insured endorsement, evidencing the insurance
requirements of the Agreement before commencement of the work.
9.6 Notice of Cancellation. The Consultant shall provide the City with written notice
of any policy cancellation within two (2) business days of their receipt of such
notice.
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9.7 City Full Availability of Consultant Limits. If the Consultant maintains higher
insurance limits than the minimums shown above, the City shall be insured for the
full available limits of Commercial General and Excess or Umbrella liability
maintained by the Consultant, irrespective of whether such limits maintained by the
Consultant are greater than those required by this Agreement or whether any
certificate of insurance furnished to the City evidences limits of liability lower than
those maintained by the Consultant.
9.8 Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the
insurance as required shall constitute a material breach of contract, upon which the
City may, after giving five (5) business days notice to the Consultant to correct the
breach, immediately terminate the Agreement or, at its discretion, procure or renew
such insurance and pay any and all premiums in connection therewith, with any
sums so expended to be repaid to the City on demand, or at the sole discretion of
the City, offset against funds due the Consultant from the City.
10. Nondiscrimination. In the performance of this Agreement, the Consultant will not
discriminate against any employee or applicant for employment on the grounds of race,
creed, color, national origin, sex, marital status, age or the presence of any sensory, mental
or physical handicap; provided that the prohibition against discrimination in employment
because of handicap shall not apply if the particular disability prevents the proper
performance of the particular worker involved. The Consultant shall ensure that applicants
are employed, and that employees are treated during employment in the performance of
this Agreement without discrimination because of their race, creed, color, national origin,
sex, marital status, age or the presence of any sensory, mental or physical handicap.
Consultant shall take such action with respect to this Agreement as may be required to
ensure full compliance with local, State and Federal laws prohibiting discrimination in
employment.
11. Covenant Against Contingent Fees. The Consultant warrants that it has not employed
nor retained any company, firm, or person, other than a bona fide employee working
exclusively for the Consultant, to solicit or secure this Agreement; and that it has not paid
or agreed to pay any company, person or firm, other than a bona fide employee working
exclusively for the Consultant, any fee, commission, percentage, brokerage fee, gift, or
other consideration contingent upon or resulting from the award or making of this
Agreement. For breach or violation of this warranty, the City shall have the right to
terminate this Agreement.
12. Assignment and Subcontracting.
12.1 The City has awarded this Agreement to the Consultant due to its unique
qualifications to perform these services. The Consultant shall not assign (or
subcontract other than as specifically identified in Exhibit A) its performance under
this Agreement or any portions of this Agreement without the prior written consent
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of the City, which consent must be sought at least thirty (30) days prior to the date
of any proposed assignment.
12.2 Any work or services assigned or subcontracted hereunder shall be subject to each
provision of this Agreement including Section 6, Public Records; Section 10,
Nondiscrimination; proper bidding procedures where applicable; and all local, State
and Federal statutes, ordinances and guidelines.
12.3 Any technical or professional service subcontract not listed in this Agreement, must
have prior written approval by the City.
13. Termination.
13.1 Termination for Convenience. Either party may terminate this Agreement for any
reason upon giving the other party no less than ten (10) business days written notice
in advance of the effective date of such termination.
13.2 Termination for Cause. If the Consultant fails to perform in the manner called for
in this Agreement, or if the Consultant fails to comply with any other provisions of
this Agreement and fails to correct such noncompliance within five (5) business
days of written notice thereof, the City may terminate this Agreement for cause.
Termination shall be effected by serving a notice of termination on the Consultant
setting forth the manner in which the Consultant is in default. The Consultant will
only be paid for services and expenses complying with the terms of this Agreement,
incurred prior to termination.
14. General Provisions.
14.1 For the purpose of this Agreement, time is of the essence.
14.2 Notice. Notice provided for in this Agreement shall be sent by:
14.2.1 Personal service upon the Project Administrators; or
14.2.2 Certified mail to the physical address of the parties, or by electronic
transmission to the e-mail addresses designated for the parties below.
14.3 The Project Administrator for the purpose of this Agreement shall be:
For the City: For the Consultant:
Juan Loyola, P.E., or designee
Public Works Director
525 North 3rd
PO Box 293
Pasco WA 99301
WorleyS@pasco-wa.gov
Timothy R Morgan, P.E., PMP., or
designee
Northwest Senior Director
2791 S Victory View Way
Boise, ID 83709
Tim.Morgan@oneatlas.com
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15. Dispute Resolution.
15.1 This Agreement has been and shall be construed as having been made and entered
into and delivered within the State of Washington and it is agreed by each party
hereto that this Agreement shall be governed by the laws of the State of
Washington.
15.2 In the event of a dispute regarding the enforcement, breach, default, or
interpretation of this Agreement, the Project Administrators, or their designees,
shall first meet in a good faith effort to resolve such dispute. In the event the dispute
cannot be resolved by agreement of the parties, said dispute shall be resolved by
arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right
of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County,
Washington. The substantially prevailing party shall be entitled to its reasonable
attorney fees and costs as additional award and judgment against the other.
16. Nonwaiver. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other similar event or
other provision of this Agreement.
17. Integration. This Agreement between the parties consists in its entirety of this document
and any exhibits, schedules or attachments. Any modification of this Agreement or change
order affecting this Agreement shall be in writing and signed by both parties.
18. Authorization. By signature below, each party warrants that they are authorized and
empowered to execute this Agreement binding the City and the Consultant respectively.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the
date first written above.
CITY OF PASCO, WASHINGTON
Adam R. Lincoln – City Manager
CONSULTANT
David O. Cram – Regional Director of Operations
ATTEST:
Debra C. Barham, City Clerk
APPROVED AS TO FORM:
Kerr Ferguson Law, PLLC, City Attorney
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SCOPE OF SERVICES FOR
CONSTRUCTION ENGINEERING, INSPECTION (CE&I) SERVICES
I-182 and Broadmoor Blvd Interchange Improvements -- Construction Management
City of Pasco, Washington
PROJECT NO: 21292
This scope of work is to provide Construction Engineering, Inspection (CE&I) Services to include contract
administration, inspection, and project office documentation under the general direction of the assigned
City of Pasco Construction Manager, for construction of I-182 and Broadmoor Blvd Interchange
Improvements project. CONSULTANT intends to provide the City of Pasco with experienced
administration, inspection/sampling personnel. Through this contract, CONSULTANT will inspect and
document to City of Pasco/WSDOT standards, the activities associated with the project to the level
necessary to administer the contract.
The following tasks represent the individual services that are to be provided by CONSULTANT under this
agreement:
PRIMARY TASKS:
1.Construction Administration – CONSULTANT will provide the qualified personnel necessary to administer
the Plans, Special Provisions, and Specifications of the project to ensure the project is accepted by the City
of Pasco and WSDOT. The following sub-tasks represent a partial list of those activities necessary to
administer the contract.
1.1 Submittal Log & Minimum Testing Requirements (MTR’s) – CONSULTANT will develop a
list of required submittals for the project prior to start of construction and will also track
and maintain a log of shop drawings and submittals, and encourage reviewers to
complete their review in a timely manner. Deficiencies will be promptly reported.
CONSULTANT will also develop the MTR list for the project prior to start of construction.
This information will be used to track the materials testing required on the project and
coordination of the testing lab responsible for processing of samples and reporting
results.
1.2 Pre-Construction Conference – CONSULTANT will facilitate the Pre-Construction
Conference including forms and exhibits provided by or coordinated with the City of
Pasco.
Performance Assumptions:
i.The City of Pasco Construction Manager will schedule the preconstruction
meeting and provide the conference room.
ii.Prepare and distribute meeting minutes.
1.3 Not Used
EXHIBIT A
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1.4 Civil Rights Compliance – CONSULTANT and the contractor personnel will be monitored
for civil rights compliance. The City of Pasco Construction Manager will be
notified of instances of non-compliance.
1.5 Filing & Records Verification – All project files will be posted to a SharePoint hosted by
CONSULTANT and maintained on a weekly basis and will be readily available to the City
of Pasco. Periodic checks of the files will occur during the project to ensure that all
records are being accurately kept and the filing system is up to date.
Performance Assumptions:
i. Maintain the project filing system electronically using a SharePoint site.
ii. Address periodic review comments.
iii. Post test results to a materials summary report Spreadsheet or as directed by
the City.
1.6 Progress Estimate Preparation – For each scheduled progress estimate, documentation
will be prepared for and presented to the City of Pasco Construction Manager that
contains the quantities and justification for each bid item payment with a summary
sheet showing the amounts to be paid.
Performance Assumptions:
i. Format will be based on Pasco Pay Estimate template
ii. Prepare monthly pay estimate packages.
1.7 Materials Certifications – Certifications, as required by bid item, will be requested for all
materials incorporated into the project. No materials will be accepted for payment until
the certifications are received and reviewed for acceptance through the Request for
Approval of Material (RAM) fomr.
Performance Assumptions:
i. MTR’s will be prepared for review and approval of the City of Pasco
Construction Manager
ii. Contractor Source Approval Requests, Staging Area Requests, and Waste Site
Approval Requests will be reviewed and approved through coordination with
the City of Pasco Construction Manager.
iii. Contractor Hot Mix Asphalt mix designs will be reviewed and approved in
accordance with the current WSDOT requirements.
1.8 Contract Changes – Requests received from the contractor for time extensions, contract
changes, and extra work will be reviewed and analyzed in coordination with the City of
Pasco CM.
1.9 Pre-paving Meeting – CONSULTANT will facilitate a pre-paving meeting with the
contractor.
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1.10 Progress Meetings – Weekly/periodic progress meetings will be held on-site or at an
Engineer approved location.
Performance Assumptions:
i. Attend weekly/periodic progress meetings and prepare minutes for distribution
and review.
1.11 Monthly Invoicing – Monthly invoices of CONSULTANT labor will be submitted to the
City of Pasco for review and processing each month. Each invoice package will contain
approved timesheets and specific task descriptions for all labor expended and
appropriate backup for all direct costs. The Consultant will formally notify the
Agreement Administrator upon reaching 75% of the expended contract amount.
1.12 Change Orders – CONSULTANT will prepare and analyze Change Orders for review and
processing by the City of Pasco Construction Manager.
Performance Assumptions:
i. CONSULTANT will consult with the City of Pasco and the design engineer as
required and provide necessary backup documents for the City of Pasco
Construction Manager review.
ii. For pending claims concerning extra work or work beyond the original scope,
CONSULTANT will maintain accurate force account records showing actual cost
of such work.
1.13 Contract Submittal Review – Contract submittals will be reviewed as necessary.
CONSULTANT will track submittals, route to the appropriate party (City of Pasco or
Engineer of Record) and then provide responses to the contractor. It is understood that
some interpretations and clarifications will be directed to the City of Pasco Construction
Manager.
Performance Assumptions:
i. Traffic Control Plans – Traffic Control Plans will be reviewed for compliance
with MUTCD, WSDOT, and Pasco specifications.
ii. CPM Review – The contractor’s CPM will be reviewed to ensure that activity
dates are correctly recorded for accuracy.
ii. Interpretations and Clarifications – It is expected that CONSULTANT will
perform routine interpretations and clarifications on the project. Sensitive
decisions and interpretations or those that effect Erosion and Environmental
permitting will be reviewed by the City of Pasco Construction Manager prior to
final disposition.
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BROADMOOR BLVD INTERCHANGE
1.14 Public Relations - CONSULTANT will respond to and coordinate all public inquiries
and/or concerns with the Contractor and the City of Pasco Construction Manager for
appropriate action. Records of contacts and responses will be maintained.
2. Survey Control – CONSULTANT will check and verify the contractor surveys for accuracy and compliance
with the plans and specifications.
3. Project Inspection – Inspection will be performed by CONSULTANT with qualified and certified inspection
staff. A spreadsheet with qualifications and certifications will be prepared and maintained to ensure full
compliance with WSDOT and WAQTC requirements.
3.1 Inspector Diaries – Daily reports on WSDOT forms will be prepared to record the
contractor’s hours on the site, weather conditions, data relative to questions of change
orders, filed orders, or changed conditions, site visitors, daily activities, labor
compliance, civil rights compliance, decisions, observations in general, and specific
observations in more detail as the case of observing test procedures. Project files will be
maintained and uploaded to ProjectWise on a weekly basis. Certificates of inspections,
tests, and approvals required by the Contract Documents will be received and reviewed.
3.2 Identify and Recommend Corrections – Any omissions, substitutions, defects and
deficiencies in the work of the contractor will be identified and documented with
recommendations reported to the engineer.
3.3 Pay Quantity Collection – Pay quantities and quantity measurements will be checked for
accuracy and prepared for processing for payment to the contractor.
3.4 Environmental & Erosion Control Monitoring –
i. For SWPPP projects - The CONSULTANT will provide a CESCL inspector.
ii. Weekly monitoring reports will be prepared and filed in the project office.
Formal notification if personnel are changed or expiration of the needed certifications
occurs will be required.
Performance Assumptions:
i. This scope includes one inspection per week and 3 storm driven inspections.
The scope includes one hour per inspection. Attendance at the weekly meeting
is not I included by the environmental inspector. A daily diary will not be
prepared by the environmental inspector for site visits, only the WSDOT
inspection record necessary for the SWPPP/TESCP reporting. Daily diaries will be
completed by the assigned project inspector.
4. Materials Sampling & Testing – Under separate contract to CONSULTANT
4.1 Schedule for Sampling – City of Pasco will be informed of the project sampling and
testing schedule and all documentation reports of sampling and testing will be
completed and submitted the same week the work is done or as otherwise directed.
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BROADMOOR BLVD INTERCHANGE
4.2 Acceptability of “or-equal” Products – CONSULTANT will evaluate and determine the
acceptability of substitute or “or-equal” materials and equipment proposed by the
contractor. Recommendations will be made to the City of Pasco Construction Manager
for change orders before allowing any substitutes.
5. Record Drawings & Project Close-Out – CONSULTANT will track changes and deviations from the plans. At
the completion of the project, CONSULTANT will review and verify Record Drawings submitted by the
Contractor. At project close-out, all records will be finalized and quantity calculations verified. Notify the
City of Pasco Construction Manager when all records are final and available within 30 days of project
substantial completion.
Performance Assumptions:
5.1 Verify that all necessary documents have been received for submission of the
contractor’s affidavit of payment.
5.2 Receive bonds, certificates, or other evidence of insurance not previously submitted
and required by the Contract Documents, including certificates of inspection, tests and
approvals, shop drawings, samples, and the annotated record documents which are to
be assembled by the Contractor in accordance with the Contract Documents to obtain
final payment.
5.3 Promptly conduct an inspection after notice from the contractor that the entire work is
ready for its intended use, in the company of the City of Pasco, WSDOT representative,
engineer of record, and the contractor, to determine if the work is Substantially
Complete. If there are no objections from the City of Pasco, CONSULTANT will deliver a
certificate of substantial completion to the City of Pasco Construction Manager and the
contractor.
5.4 Participate in a final inspection, to include representatives from the City of Pasco and
WSDOT, to determine if the completed work by the contractor is acceptable so that
CONSULTANT and the City of Pasco may recommend in writing, final payment to the
contractor. CONSULTANT will also provide a notice that the work is acceptable to the
best of their knowledge, information and belief based on the extent of the services
provided under this agreement.
7. Key Understandings - It is anticipated that each CONSULTANT personnel assigned to the project will be
furnished with a vehicle, digital camera and cellular phone by CONSULTANT and all work will be under the
general supervision of the City of Pasco Construction Manager or his assigned representative.
8. Project Schedule - CONSULTANT proposes to implement its services within the following schedule: The
scope of work for this project will run in accordance with the contractor’s construction schedule. It is
anticipated that CONSULTANT will be engaged in CE&I Services from August 2023 through July 2024.
9. Professional Service Fee - CONSULTANT will invoice the City of Pasco for professional services described in
this Scope of Work. CONSULTANT will invoice the City of Pasco for professional labor and reimbursable
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BROADMOOR BLVD INTERCHANGE
expenses based on the Cost Estimate and will bill only for the efforts actually expensed to complete the
project in accordance with the provisions of the task order for this work.
The fee estimate, level-of-effort projections, and schedule assumptions represent CONSULTANTS professional
judgment. They are presented to allow a review of our approach. As we initiate activities, it may become apparent
some modifications to this proposal are necessary due to changes in the contractor’s schedule. CONSULTANT will
advise the City of Pasco Construction Manager of such issues and any fee and/or schedule impact prior to
implementing revised activities.
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City of Pasco
Consultant Man-Hour Estimate
I-182 and Broadmoor Blvd Interchange
A. SUMMARY ESTIMATED MAN-DAY COSTS
Position Name Man-Days Man-Hours Loaded Hourly Rat Loaded Labor Cost
1 Project Manager/Document Control Tim Morgan 98 =780 @ $250.00 195,000.00$
2 Resident Engineer Aaron Rugg 53 =420 @ $250.00 105,000.00$
3 Sr. Inspector Charlie Creese 465 =3720 @ $150.00 558,000.00$
4 Inspector TBD 0 =0 @ $125.00 -$
5 Clerical Tyra Hall/Anita Anderson 20 =160 @ $100.00 16,000.00$
5080 TOTAL LOADED LABOR COST 874,000.00$
B.OVERTIME LABOR
Position Man-Hours 1/2 Rate Labor Cost
1 Sr. Inspector 744 @ $75.00 55,800.00$
2 Inspector 0 @ $62.50 -$
TOTAL OVERTIME LABOR COST 55,800.00$
C.OUT-OF-POCKET EXPENSE SUMMARY
Task Est. Amount Unit Cost Expense
Headlight - Field Book 3 users/month 17 months 51 150$ 7,650.00$
Sr. Inspector 20 miles round trip 360 trips 7,200 @ 0.665$ 4,788.00$
Inspector - @ 0.665$ -$
PM Mileage 580 miles round trip 17 trips 9,860 @ 0.665$ 6,556.90$
RE Mileage 430 miles round trip 17 trips 7,310 @ 0.665$ 4,861.15$
Lodging (Days)
per Federal per diem rates
plus allowed 15% tax 64 days 64 @ 120.75$ 7,728.00$
Meals (Days)Federal per diem rates 64 days 64 @ 69.00$ 4,416.00$
TOTAL ESTIMATED EXPENSE 36,000.05$
TOTAL 965,800.05$
Project No.
21292
Date:
8/16/2023
Total-Summary Atlas -- I-182 & Broadmoor Blvd Interchange Const Mgmt Svcs (#23-027) - Fee 8/17/20234:31 PM
EXHIBIT B
Page 118 of 121
City of Pasco
Consultant Man-Hour Estimate
I-182 and Broadmoor Blvd Interchange
Project
Manager
Resident
Engineer
Senior
Inspector Inspector Clerical TOTAL
ATLAS Notes
TASK 1 CONSTRUCTION ADMINISTRATION 720.0 360.0 1,080.0 Per week: PM@20, Clerical@2
TASK 2 SURVEY CONTROL - Performed by Sr. Inspector in task 3
TASK 3 PROJECT INSPECTION 3,600.0 - 3,600.0 Sr. Insp@50, Insp@50
TASK 4 MATERIAL SAMPLING & TESTING (scheduling)160.0 160.0 2 hours per week scheduling
TASK 5 RECORD DRAWINGS & PROJECT CLOSE-OUT 60.0 60.0 120.0 240.0 120 hours lead inspector and 60 hour PM
Total Labor Hours 780.0 420.0 3,720.0 - 160.0 5,080.0
Assumption Notes:
1 360 working day contract (72 weeks or 17 months based on 5 day work weeks)
2 Onsite Construction August 2023 - December 2024
3 RE and PM will attend one onsite meeting/site visit per month
4 One (1) Consultant PM/Doc Control Lead is anticipated to work up to 20 hours per week from August 28, 2023 - December 31, 2024
5 One (1) Resident Engineer PM is anticipated to work up to 5 hours per week from August 28, 2023 - December 31, 2024
6 One (1) Senior Inspector is anticipated to work up to 50 hours per week from August 28, 2023 - December 31, 2024
ATLAS
Date:
8/16/2023
Project No.
21292
Page 119 of 121
QUALITY OF LIFE
Promote a high-quality of life through quality programs, services and appropriate investment and re-
investment in community infrastructure including, but not limited to:
• Completion of Transportation System Master Plan and design standard updates to promote greater
neighborhood cohesion in new and re-developed neighborhoods through design elements, e.g.;
connectivity, walkability, aesthetics, sustainability, and community gathering spaces.
• Completion of the Parks, Recreation and Open Space Plan and development of an implementation
strategy to enhance such services equitably across the community. • Completion of the Housing Action and Implementation Plan with a focus on a variety of housing to address
the needs of the growing population.
FINANCIAL SUSTAINABILITY
Enhance the long-term viability, value, and service levels of services and programs, including, but not
limited to:
• Adopting policies and strategic investment standards to assure consistency of long-range planning to include
update of impact fees, area fees to specific infrastructure, and SEPA mitigation measures related to new
development, e.g.; schools, traffic, parks, and fire.
COMMUNITY TRANSPORTATION NETWORK
Promote a highly functional multi-modal transportation system including, but not limited to:
• Application of the adopted Transportation System Master Plan including development of policies, regulations,
programs, and projects that provide for greater connectivity, strategic investment, mobility, multi -modal
systems, accessibility, efficiency, and safety.
COMMUNITY SAFETY
Promote proactive approaches for the strategic investment of infrastructure, staffing, and equipment
including, but not limited to:
• Adoption and develop implementation strategies for Comprehensive Fire Master Plan aimed at maintaining the
current Washington State Rating Bureau Class 3 community rating.
• Collaboration with regional partners to influence strategies to reduce incidences of homeless by leveraging
existing resources such as the newly implemented 0.1% mental health sales tax, use of resource navigator
programs, and other efforts. • Development of an implementation strategy for the Comprehensive Police Master Plan to support future service
levels of the department to assure sustainability, public safety, officer safety, crime control, and compliance
with legislative mandates.
ECONOMIC VITALITY
Promote and encourage economic vitality including, but not limited to:
• Implementation of the Comprehensive Land Use Plan through related actions including zoning code changes,
phased sign code update, and development regulations and standards.
• Completion of Area Master Plans and environmental analysis complementing the Comprehensive Land Use
Plan such as Downtown and Broadmoor Master Plans.
• Development of an Economic Development Plan, including revitalization efforts.
COMMUNITY IDENTITY
Identify opportunities to enhance community identity, cohesion, and image including, but not limited to:
• Development of a Community Engagement Plan to evaluate strategies, technologies, and other opportunities
to further inclusivity, community engagement, and inter-agency and constituent coordination efforts.
• Support of the Arts and Culture Commission in promoting unity and the celebration of diversity through art
and culture programs, recognition of significant events or occurrences, and participation/sponsorship of events
within the community.
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CALIDAD DE VIDA
Promover una calidad de vida alta a través de programas de calidad, servicios, inversiones y reinversiones
apropiadas en la infraestructura de la comunidad incluyendo, pero no limitado a:
• Terminar el Plan de Transportación para promover más cohesión entre nuestras vecindades actuales y re-desarrolladas
a través de elementos de diseño, p.ej. conectividad, transitabilidad, sostenibilidad estética, y espacios para reuniones
comunitarias.
• Terminar el Plan de los Parques, la Recreación, y los Espacios Vacíos y el desarrollo de una estrategia de
implementación para mejorar tales servicios justamente a lo largo de la comunidad.
• Terminar el Plan de Acción e Implementación de Viviendas con un enfoque en una variedad de viviendas para tratar las
necesidades del aumento en la población.
SOSTENIBIILIDAD FINANCIERA
Mejorar la viabilidad a largo plazo, el valor, y los niveles de los servicios y los programas, incluyendo, pero no
limitado a:
• Adoptar las políticas y los estándares de inversión estratégica para asegurar consistencia en la planificación a largo
plazo para incluir la actualización de las tarifas de impacto, las tarifas en áreas de infraestructura específica, y las
medidas de mitigación SEPA relacionadas con el nuevo desarrollo, p.ej. escuelas, tráfico, parques, e incendios.
RED DE TRANSPORTACION COMUNITARIA
Promover un sistema de transportación multimodal en alta operación incluyendo, pero no limitado a:
• Aplicar el Plan de Transportación que fue adoptado, incluyendo el desarrollo de las políticas, las reglas, los programas,
y los proyectos que proporcionan más conectividad, inversión estratégica, movilidad, sistemas multimodales,
accesibilidad, eficiencia, y seguridad.
SEGURIDAD COMUNITARIA
Promover métodos proactivos para la inversión estratégica en la infraestructura, el personal, y el equipo
incluyendo, pero no limitado a:
• Adoptar y desarrollar estrategias de implementación para el Plan Comprehensivo para Incendios. Con el propósito de
mantener la clasificación comunitaria actual en la tercera Clase del Departamento de Clasificación del Estado de
Washington.
• Colaborar con socios regionales para influenciar estrategias que reduzcan los incidentes de personas sin hogar al
hacer uso de los recursos actuales como el impuesto de ventas de 0.1% implementado recientemente para la salud
mental, el uso de programas para navegar los recursos, y otros esfuerzos.
• Desarrollar una estrategia de implementación para el Plan Comprehensivo de la Policía para apoyar los niveles futuros
de servicio del departamento para asegurar la sostenibilidad, la seguridad pública, la seguridad de los policías, el
control de crímenes, y el cumplimiento con los mandatos legislativos.
VITALIDAD ECONOMICA
Promover y fomentar vitalidad económica incluyendo, pero no limitado a:
• Implementar el Plan Comprehensivo del Uso de Terreno a través de acciones relacionadas, incluyendo cambios de los
códigos de zonificación, actualización en las etapas de los códigos de las señales, y el desarrollo de las reglas y los
estándares.
• Terminar los Planes de las Áreas y un análisis ambiental el cual complementa al plan integral de uso de la tierra como a
los Planes del Centro y de Broadmoor.
• Desarrollar un Plan de Desarrollo Económico, el cual incluya esfuerzos de revitalización.
IDENTIDAD COMUNITARIA
Identificar oportunidades para mejorar la identidad comunitaria, la cohesión, y la imagen incluyendo, pero no
limitado a:
• Desarrollar un Plan de Participación de la Comunidad para evaluar las estrategias, las tecnologías, y otras
oportunidades para promover la inclusividad, la participación de la comunidad, y los esfuerzos interdepartamentales y de
coordinación de los constituyentes.
• Apoyar a la Comisión de las Artes y Cultura al promover la unidad y la celebración de la diversidad a través de
programas de arte y cultura, reconocer eventos o acontecimientos significantes, y participar/patrocinar eventos dentro
de la comunidad.
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