HomeMy WebLinkAbout2025.01.21 Council Meeting Packet
AGENDA
City Council Regular Meeting
7:00 PM - Tuesday, January 21, 2025
Pasco City Hall, Council Chambers & Microsoft Teams Webinar
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 1-332-249-0718 and use access
code 172 642 141#.
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. 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.
7 - 18 (a) Approval of Meeting Minutes for January 6th and January 13th
To approve the minutes of the Pasco City Council Regular Meeting
held on January 6, 2025 and Regular Workshop held on January 13,
2025.
19 - 20 (b) Bills and Communications - Approving Claims in the Total
Amount of $6,929,621.42
Page 1 of 434
To approve claims in the total amount of $6,929,621.42
($4,996,564.82 in Check Nos. 268932 - 269210; $714,408.86 in
Electronic Transfer Nos. 848893, 848976, 848977; $3,315.18 in
Check Nos. 54873 - 54876; $1,215,332.56 in Electronic Transfer
Nos. 30219634 - 30220275).
21 - 28 (c) Resolution No. 4554 - Project Acceptance for the Burns Road
Restriping Project
To approve Resolution No. 4554, accepting work performed by
Pavement Surface Control, under contract for the Burns Road
Restriping project.
29 - 42 (d) Resolution No. 4555 - Change Order No. 12 for the West Pasco
Water Treatment Plant Phase 2
To approve Resolution No. 4555, authorizing the City Manager to
execute Change Order No. 12 to the construction contract with
Apollo, Inc. for the West Pasco Water Treatment Plant
Improvements Phase 2 project.
43 - 55 (e) Resolution No. 4556 - Bid Award for Broadmoor Area Tax
Increment Financing Improvements - Sandifur Pkwy/Broadmoor
Blvd Intersection Improvements Project
To approve Resolution No. 4556, awarding the construction contract
for Bid No. 24600 Sandifur Pkwy/Broadmoor Blvd Intersection
Improvements Project to Tapani, Inc., of Richland, Washington, in the
amount of $4,286,821.62, and further, authorize the City Manager to
execute the contract documents.
56 - 72 (f) Resolution No. 4557 - Northwest Code Professionals Personal
Services Agreement for Plan Review and Inspection Services
To approve Resolution No. 4557, authorizing the City Manager to
execute a Personal Services Agreement with Northwest Code
Professionals for plan review and inspection services.
(RC) MOTION: I move to approve the Consent Agenda as read.
5. PROCLAMATIONS AND ACKNOWLEDGEMENTS
6. 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
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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. Lastly, when called
upon, please state your name and city or county residency into the
microphone before providing your comments.
7. REPORTS FROM COMMITTEES AND/OR OFFICERS
(a) Verbal Reports from Councilmembers
8. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO
73 - 91 (a) Public Meeting & Resolution No. 4558 - Accepting a Notice of
Intent to Commence Annexation Urbach 10% Annexation
Petition (5 minutes)
CONDUCT A PUBLIC MEETING
MOTION A: I move to approve Resolution No. 4558, accepting a
notice of intent to commence annexation proceedings for the Urbach
Annexation, providing a determination that the boundary to be
annexed, and whether simultaneous zoning and the assumption of
bonded indebtedness will be required.
-or-
MOTION B: I move to approve Resolution No. 4558, accepting a
notice of intent to commence annexation proceedings for the Urbach
Annexation providing a determination on the boundary to be
annexed, which includes Parcels Nos. 115150079, 115150089 and
115120020, and a portion of the right-of-way of Kau Trail Road, and
whether simultaneous zoning and the assumption of bonded
indebtedness will be required.
9. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
92 - 164 (a) *Q Ordinance No. 4754 - The Grove at Broadmoor Rezone from
RT to R-4 (Z 2024-005) (5 minutes)
MOTION: I move to adopt Ordinance No. 4754, amending the zoning
classification of certain real property located on the south side of
Burns Road, east of Road 112, north of Sandifur Parkway, and west
of Road 108, in Pasco, Franklin County, Washington, from R-T
Residential Transition, to R-4 High Destiny Residential and, further,
authorize publication by summary only.
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165 - 266 (b) *Q Ordinance No. 4755 - Marroquin Heaton Duarte Rezone from
R-S-12 to R-1 (Z 2024-006) (5 minutes)
MOTION: I move to adopt Ordinance No. 4755, amending the zoning
classification of certain real property located on the west side of Road
64 south of Marie Street, in Pasco, Franklin County, Washington,
from R-S-12 Residential Suburban to R-1 Low-Density Residential
and, further, authorize publication by summary only.
267 - 319 (c) *Q Ordinance No. 4756 - Broadmoor Aquatic Facility Rezone
from R-T to MU (Z 2024-008) (5 minutes)
MOTION: I move to adopt Ordinance No. 4756, amending the Zoning
Classification of certain real property located in the east half of the
southeast quarter of Section 7, Township 9 North, Range 29 east of
the Willamette Meridian, west of Road 108 Right-of-Way, North of
Harris Road, in Pasco, Franklin County, Washington, from R-T,
Residential Transition to MU, Mixed-Use, and, further, authorize
publication by summary only.
320 - 335 (d) Resolution No. 4559 - Road 40 East Extension - Settlement
Agreement and Right-of-Way Acquisition with Culbert, LLC (5
minutes)
MOTION: I move to approve Resolution No. 4559, authorizing the
City Manager to execute the Driveway Relocation and Street
Widening Settlement Agreement between the City of Pasco and
Culbert, LLC.
10. UNFINISHED BUSINESS
336 - 357 (a) Presentation - Draft HAPO Center Master Plan (10 minutes)
Larry Leasure, with the Harris-White-Leasure Group, will provide the
draft HAPO Center Master Plan presentation.
358 - 366 (b) Ordinance No. 4757 - Amending PMC Title 25 Zoning Related to
Overnight Truck Habitation (5 minutes)
MOTION: I move to adopt Ordinance No. 4757, Amending Pasco
Municipal Code Title 25 “Zoning,” to allow for overnight truck parking
and habitation and creating a new Chapter 25.163 “Overnight Truck
Parking and Habitation” and, further, authorize publication by
summary only.
367 - 377 (c) Ordinance No. 4758 - Amending PMC 5.60.010, 5.60.020 &
5.60.030 Related to Rental Licenses or Repealing Pasco
Municipal Code Chapter 5.60 Rental License And Amend Section
3.35.050 Business Licenses (5 minutes)
MOTION A: I move to adopt Ordinance No. 4758, amending the
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Pasco Municipal Code Sections 5.60.010, 5.60.020 & 5.60.030
related to rental licenses and, further, authorize publication by
summary only.
-or-
MOTION B: I move to adopt Ordinance No. 4758, repealing the
Pasco Municipal Code Chapter 5.60 Rental License and amending
the Pasco Municipal Code Section 3.35.050 related to Business
Licenses and, further, authorize publication by summary only.
378 - 426 (d) Court Street Traffic Analysis - Second Opinion (10 minutes)
Presentation by John Manix, PE, Traffic Engineer. PBS Engineering
427 - 432 (e) Ordinance No. 4759 - Amending PMC Section 10.35.030 Speed
Limits in Certain Zones (5 minutes)
MOTION: I move to adopt Ordinance No. 4759, amending the Pasco
Municipal Code Section 10.35.030 "Speed Limit in Certain Zones," to
establish a new speed limit on Court Street west of Road 100, and
Sylvester Street between Road 54 and Road 32 and, further,
authorize publication by summary only.
11. NEW BUSINESS
12. MISCELLANEOUS DISCUSSION
13. EXECUTIVE SESSION
(a) To Evaluate the Qualifications of an Applicant for Public
Employment or to Review the Performance of a Public
Employee; However, Subject to RCW 42.30.140(4), Discussion by
a Governing Body of Salaries, Wages, and Other Conditions of
Employment to be Generally Applied within the Agency Shall
Occur in a Meeting Open to the Public, and When a Governing
Body Elects to Take Final Action Hiring, Setting the Salary of an
Individual Employee or Class of Employees, or Discharging or
Disciplining an Employee, that Action Shall be Taken in a
Meeting Open to the Public Per RCW 42.30.110(1)(g) (30 minutes)
14. ADJOURNMENT
15. ADDITIONAL NOTES
(a) (RC) Roll Call Vote Required
* Item not previously discussed
Q Quasi-Judicial Matter
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MF# “Master File #....”
433 - 434 (b) Adopted Council Goals (Reference Only)
(c) 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
City 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 6 of 434
AGENDA REPORT
FOR: City Council January 15, 2025
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 1/21/25
FROM: Debra Barham, City Clerk
City Manager
SUBJECT: Approval of Meeting Minutes for January 6th and January 13th
I. ATTACHMENT(S):
1.06.2025 and 1.132025 Draft Council Minutes
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve the minutes of the Pasco City Council Regular Meeting held on
January 6, 2025 and Regular Workshop held on January 13, 2025.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
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MINUTES
City Council Regular Meeting
7:00 PM - Monday, January 6, 2025
Pasco City Hall, Council Chambers & Microsoft Teams Webinar
CALL TO ORDER
The meeting was called to order at 7:05 PM by David Milne, Mayor Pro Tem.
ROLL CALL
Councilmembers present: David Milne, Blanche Barajas, Melissa Blasdel, Charles
Grimm, Peter Harpster, and Leo Perales
Councilmembers attending remotely:
Councilmembers absent: Pete Serrano
Staff present: Adam Lincoln, City Manager; Richa Sigdel, Deputy City Manager;
Angela Pashon, Assistant City Manager; Darcy Buckley, Finance Director; Kevin
Crowley, Fire Chief; Eric Ferguson, City Attorney; Craig Raymond, Deputy
Community & Economic Development Director; Jesse Rice, Parks & Recreation
Director; Ken Roske, Police Chief; Maria Serra, Public Works Director; and Debby
Barham, City Clerk
The meeting was opened with the Pledge of Allegiance.
2025 WASHINGTON STATE LEGISLATIVE PRE-SESSION UPDATE
RECESS:
Mayor Pro Tem Milne called a ten (10) minute recess at 7:59 PM.
CONSENT AGENDA
Approval of Meeting Minutes for November 19th, December 2nd and
December 9th
To approve the minutes of the Pasco City Council Special Meeting held on
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November 19, 2024, Special & Regular Meetings held on December 2, 2024, and
Special Meeting and Regular Workshop held on December 9, 2024.
Bills and Communications - Approving Claims in the Total Amount of
$24,278,924.58 and Write-off Totaling $15,405.76 (delinquent bad debt)
To approve claims in the total amount of $24,278,924.58 ($10,477,378.62 in
Check Nos. 268346 - 268931; $2,896,316.91 in Electronic Transfer Nos. 848625 -
848683, 848685 - 848686, 848692 - 848693, 848695 - 848846, 848848 - 848857,
848859 - 848861, 848863 - 848885; $30,772,70 in Check Nos.54856 - 54872;
$4,577,988.39 in Electronic Transfer Nos. 30217678 - 30219633; $6,295,792.42
in Electronic Transfer Nos. 999 - 1000; $675.54 in Electronic Transfer Nos. 325 -
330).
To approve bad debt write-off for accounts receivable including Utility Billing,
Ambulance, Cemetery, General Accounts, and Miscellaneous Accounts in the
total amount of $15,405.76 and, of that amount, authorize $15,405.76 to be
turned over for collection.
Resolution No. 4548 - Project Acceptance for Transmission Main – West
Pasco Water Treatment Plant (WPWTP) to Zone 3 Project
To approve Resolution No. 4548, accepting work performed by Total Site
Services, LLC under contract for the Transmission Main – West Pasco Water
Treatment Plant (WPWTP) to Zone 3 Project.
ROLL CALL VOTE
MOTION: Councilmember Harpster moved, seconded by Councilmember
Blasdel to approve the Consent Agenda as read.
RESULT: Motion carried unanimously 6-0
AYES: Mayor Pro Tem Milne, Councilmember Barajas,
Councilmember Blasdel, Councilmember Grimm,
Councilmember Harpster, and Councilmember Perales
ABSENT: Mayor Serrano
PUBLIC COMMENTS
Paul Pigulski, Pasco resident, expressed concern of the snow removal priority in
his neighborhood, which is located in the Desert Plateau area.
Buck Taft, Pasco resident, expressed appreciation for the traffic improvements
along Road 100.
Mary Mahoney, Pasco resident, expressed concerns regarding the Pasco Public
Facilities District Aquatic Facility, Capital Improvement Program (CIP), and Animal
Control.
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Celeste Carlson Stanly, Pasco Landlord, expressed concern about ending the
City's Rental License Inspection Program.
REPORTS FROM COMMITTEES AND/OR OFFICERS
Verbal Reports from Councilmembers
Ms. Blasdel expressed appreciation to all those that participated in the Wreaths
Across America event held in December 2024 at the City View Cemetery.
Mr. Harpster reported on the December 2024 Hanford Community Advisory Board
meeting and Pasco's Winterfest event.
Mr. Grimm reported on a recent Pasco Police swearing in ceremony, Tri-Cities
Legislative Council meeting, Coffee with a Cop event, and Ben Franklin Transit
Board meeting
Mayor Pro Tem Milne commented on Wreaths Across America and the Winterfest
events.
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
Q Ordinance No. 4752 - Gisi Water Tower Apartments Rezone from C-1 to R-
4 (Z 2023-008)
Mayor Pro Tem Milne announced that the Gisi Water Tower Apartment Rezone
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. Raymond provided a brief report on the proposed rezone.
MOTION: Councilmember Harpster moved, seconded by Councilmember
Blasdel to adopt Ordinance No. 4752, amending the zoning classification of
certain real property located east of Road 76, west of Road 68, south of
Sandifur Parkway, and north Wrigley Drive, in Pasco, Franklin County,
Washington, from C-1, Retail Business to R-4, High Density Residential and,
further, authorize publication by summary only.
RESULT: Motion carried unanimously 6-0
AYES: Mayor Pro Tem Milne, Councilmember Barajas,
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Councilmember Blasdel, Councilmember Grimm,
Councilmember Harpster, and Councilmember Perales
ABSENT: Mayor Serrano
Resolution No. 4550 - Setting a Public Hearing for Local Improvement
District No. 152 Final Assessment Roll
Ms. Serra provided a brief report on the process to initiate the final assessment
roll for Local Improvement (LID) District No. 152 for the east Urban Growth Area
(UGA) Sewer expansion project.
MOTION: Councilmember Harpster moved, seconded by Councilmember
Blasdel to approve Resolution No. 4550, setting a date and place for a public
hearing for the Final Assessment Roll for Local Improvement District No. 152,
and directing that notice thereof be given in the manner required by law.
RESULT: Motion carried unanimously 6-0
AYES: Mayor Pro Tem Milne, Councilmember Barajas,
Councilmember Blasdel, Councilmember Grimm,
Councilmember Harpster, and Councilmember Perales
ABSENT: Mayor Serrano
Resolution No. 4549 - Interlocal Agreement with the Port of Pasco for
Airport Police Services and Ordinance No. 4753 - Amending the 2025-2026
Operating Budget by Adding Staff to the Pasco Police Department
Police Chief Roske provided a brief recap of the proposed Interlocal Agreement
(ILA) with the Port of Pasco for City police services at the Tri-Cities Regional
Airport.
MOTION: Councilmember Harpster moved, seconded by Councilmember
Blasdel to approved Resolution No. 4549, authorizing the City Manager to
execute an interlocal agreement with the Port of Pasco to provide airport police
services.
If the ILA is approved, then
RESULT: Motion carried unanimously 6-0
AYES: Mayor Pro Tem Milne, Councilmember Barajas,
Councilmember Blasdel, Councilmember Grimm,
Councilmember Harpster, and Councilmember Perales
ABSENT: Mayor Serrano
MOTION: Councilmember Harpster moved, seconded by Councilmember
Blasdel to adopt Ordinance No. 4753, amending the 2025-2026 Biennial
Operating Budget (Ordinance No. 4749) by providing supplement thereto; to
provide additional appropriation in the City's General Fund, allocating funding
for the addition of four full-time employees to the Police Department staffing to
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ensure effective collaboration with airport and federal authorities and improve
public safety services and, further, authorize publication by summary only.
RESULT: Motion carried unanimously 6-0
AYES: Mayor Pro Tem Milne, Councilmember Barajas,
Councilmember Blasdel, Councilmember Grimm,
Councilmember Harpster, and Councilmember Perales
ABSENT: Mayor Serrano
Resolution No. 4551 - Fire Training Center Use Agreement Franklin County
Fire District No. 3
Fire Chief Crowley provided a brief report on the proposed use agreement for the
City's Fire Training Center with Franklin County Fire District No. 3 (FCFD#3).
MOTION: Councilmember Harpster moved, seconded by Councilmember
Barajas to approve Resolution No. 4551, authorizing the City Manager to sign
and execute the Fire Training Center Use Agreement with the Franklin County
Fire District No. 3 located at 1011 East Ainsworth, Pasco, Washington.
RESULT: Motion carried unanimously 6-0
AYES: Mayor Pro Tem Milne, Councilmember Barajas,
Councilmember Blasdel, Councilmember Grimm,
Councilmember Harpster, and Councilmember Perales
ABSENT: Mayor Serrano
Resolution No. 4552 - Setting a Date to Consider a Notice of Intent to
Commence Annexation Proceedings for Urbach Kau Trail Annexation (ANX
2024-004)
Mr. Raymond provided a brief report on the proposed public meeting to start the
annexation process for Urbach Kau Trail.
MOTION: Councilmember Harpster moved, seconded by Councilmember
Barajas to approve Resolution No. 4552, setting 7:00 PM, January 21, 2025,
as the time and date for a public meeting with the initiators to consider the
Urbach Notice of Intent to Commence Annexation of property located
southeast of the intersection of Road 68 and Kau Trail Road in Pasco, WA.
RESULT: Motion carried unanimously 6-0
AYES: Mayor Pro Tem Milne, Councilmember Barajas,
Councilmember Blasdel, Councilmember Grimm,
Councilmember Harpster, and Councilmember Perales
ABSENT: Mayor Serrano
Resolution No. 4553 - GESA Stadium Assignment and Assumption of Lease
Agreement
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Mr. Rice provided a brief report on the proposed assignment and assumption of
the GESA Stadium Lease Agreement.
MOTION: Councilmember Harpster moved, seconded by Councilmember
Blasdel to approve Resolution No. 4553, authorizing the City Manager to
Execute an Assignment and Assumption of Lease Agreement between
Northwest Baseball Ventures I, LLC and DBH Tri-City, LLC and the City of
Pasco for GESA Stadium.
RESULT: Motion carried unanimously 6-0
AYES: Mayor Pro Tem Milne, Councilmember Barajas,
Councilmember Blasdel, Councilmember Grimm,
Councilmember Harpster, and Councilmember Perales
ABSENT: Mayor Serrano
MISCELLANEOUS DISCUSSION
Mr. Lincoln and Council expressed appreciation to Jon Funfar for his 13 years
working for the City of Pasco and wished him well in his new work endeavors.
Mr. Rice recapped City events held in December 2024.
Police Chief Roske announced the new hours that the Police Department will be
open to the public.
Mr. Harpster asked for Council to provide direction to staff on replacing the City
Attorney. He recommended that the City should hire in-house counsel, a senior
and junior staff. He stated that this should begin soon.
Mayor Pro Tem Milne requested the costs for hiring within house and, if
continued, the costs for contracted legal counsel.
Mr. Grimm proposed to Council that the Bike/Ped request be removed from the
2025 Legislative funding requests to the Washington State Legislative delegates.
EXECUTIVE SESSION
Council adjourned into Executive Session at 9:03 PM for 25 minutes returning at
9:28 PM to consider site selection or acquisition of real estate purchase or lease if
likelihood that disclosure would increase price per RCW 42.30.110(1)(b) and
discussion with legal counsel about current or potential litigation per RCW
42.30.110(1)(i) with the City Manager, Deputy City Manager, City Attorney, and
Public Works Director.
Ms. Serra left the Executive Session at 9:16 PM.
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At 9:27 PM Mayor Pro Tem Milne announced that the Executive Session would
continue for another 7 minutes or until 9:35 PM.
Mayor Pro Tem Milne called the meeting back to order at 9:38 PM.
ADJOURNMENT
There being no further business, the meeting was adjourned at 9:38 PM.
PASSED and APPROVED on _______________________.
APPROVED: ATTEST:
Pete Serrano, Mayor Debra Barham, City Clerk
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MINUTES
City Council Workshop Meeting
7:00 PM - Monday, January 13, 2025
Pasco City Hall, Council Chambers & Microsoft Teams Webinar
CALL TO ORDER
The meeting was called to order at 7:04 PM by David Milne, Mayor Pro Tem.
ROLL CALL
Councilmembers present: Pete Serrano, David Milne, Blanche Barajas, Melissa
Blasdel, Charles Grimm, Peter Harpster, and Leo Perales
Councilmembers attending remotely: Pete Serrano
Councilmembers absent: None
Staff present: Adam Lincoln, City Manager; Richa Sigdel, Deputy City Manager;
Angela Pashon, Assistant City Manager; Darcy Buckley, Finance Director; Kevin
Crowley, Fire Chief; Eric Ferguson, City Attorney; Craig Raymond, Deputy
Community & Economic Development Director; Jesse Rice, Parks & Recreation
Director; Ken Roske, Police Chief; Maria Serra, Public Works Director; and Debby
Barham, City Clerk
The meeting was opened with the Pledge of Allegiance.
VERBAL REPORTS FROM COUNCILMEMBERS
Mr. Grimm commented on Jon Funfar's farewell event and reported on the Ben
Franklin Transit Board meeting.
Mr. Harpster also commented on Jon Funfar's farewell event and reported on the
Pasco Chamber of Commerce luncheon meeting.
Mr. Perales commented on a recent HAPO Center tour. He stated that updates
were made to the facility and Franklin County is currently working on a master
plan for the facility.
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Mayor Pro Tem Milne also commented on Mr. Funfar's farewell event and
reported on the COPA and Parks & Recreation Advisory Board meetings he
recently attended.
Mr. Lincoln stated that a presentation of the HAPO Center Master Plan is
scheduled for the next Council meeting.
ITEMS FOR DISCUSSION WITH OPPORTUNITY FOR PUBLIC COMMENT
Ordinance - Amending PMC Title 25 Zoning Related to Overnight Truck
Habitation
Mr. Raymond provided an update to the development of providing overnight truck
parking and habitation, which has previously been discussed with Council at the
October 28, 2024 Workshop and December 2, 2024 Meeting.
Council and staff discussed various amendments to the current draft ordinance
amending the Pasco Municipal Code (PMC) for overnight truck parking.
Council concurred that the ordinance should include an 80-foot buffer at the gate,
250-foot buffer surrounding the site, and remove the striping requirement.
Mayor Pro Tem Milne called for public comments three (3) times and no one
came forward to speak.
Resolution - Northwest Code Professionals Personal Services Agreement
for Plan Review and Inspection Services
Mr. Raymond provided a brief report on the need to continue the plan review &
inspection services with Northwest Code Professionals.
Mr. Grimm asked for clarification on certain requirements and expressed
appreciation to staff for the cost of work reductions.
Mr. Perales asked staff to review the International Building Code to confirm items
not required to be permitted, and then remove them from the City's list.
Mr. Harpster agreed this was a good use of outsourcing work such as this due to
the fluctuation.
Mayor Pro Tem Milne called for public comments three (3) times and no one
came forward to speak.
Resolution - Bid Award for Broadmoor Area Tax Increment Financing
Improvements - Sandifur Pkwy/Broadmoor Blvd Intersection Improvements
Project
Ms. Serra provided a brief report for the Sandifur Parkway and Broadmoor
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Boulevard Intersection Improvements project and recommended that Council
award the bid to Tapani, Inc.
Mr. Grimm asked for clarification and Ms. Serra explained the next steps in the
project.
Mayor Pro Tem Milne called for public comments three (3) times and no one
came forward to speak.
Resolution - Project Acceptance for the Burns Road Restriping Project
Ms. Serra provided a brief recap of the Burns Road Restriping project.
Mayor Mayor Pro Tem Milne called for public comments three (3) times and no
one came forward to speak.
Resolution - Project Acceptance for Oregon Ave Overlay Project
Ms. Serra provided a brief recap of the Oregon Avenue Overlay project.
Mr. Grimm expressed appreciation for the stewardship of the tax payers dollars.
Mayor Pro Tem Milne called for public comments three (3) times and no one
came forward to speak.
Resolution - Change Order No. 12 for the West Pasco Water Treatment Plant
Phase 2
Ms. Serra provided a brief report on the proposed Change Order (CO) No. 12 for
the West Pasco Water Treatment Plant Phase 2 project.
Mayor Pro Tem Milne called for public comments three (3) times and no one
came forward to speak.
MISCELLANEOUS COUNCIL DISCUSSION
Mr. Lincoln announced that a regional Fire Task Force, which included a City of
Pasco Fire crew, was sent to California to help fight the wildfires.
Mr. Perales commented on the City's deicing policy and asked that Council take a
look at that policy.
ADJOURNMENT
There being no further business, the meeting was adjourned at 8:04 PM.
PASSED and APPROVED on _______________________.
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APPROVED: ATTEST:
Pete Serrano, Mayor Debra Barham, City Clerk
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AGENDA REPORT
FOR: City Council January 16, 2025
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 1/21/25
FROM: Darcy Buckley, Finance Director
Finance
SUBJECT: Bills and Communications - Approving Claims in the Total Amount of
$6,929,621.42
I. ATTACHMENT(S):
Accounts Payable 01.02.25 to 01.15.25
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve claims in the total amount of $6,929,621.42 ($4,996,564.82 in
Check Nos. 268932 - 269210; $714,408.86 in Electronic Transfer Nos. 848893,
848976, 848977; $3,315.18 in Check Nos. 54873 - 54876; $1,215,332.56 in
Electronic Transfer Nos. 30219634 - 30220275).
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 19 of 434
REPORTING PERIOD:
January 21, 2025
Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined
Check Numbers 268932 - 269210 54873 - 54876
Total Check Amount $4,996,564.82 $3,315.18 Total Checks 4,999,880.00$
Electronic Transfer Numbers 848893 30219634 - 30220275
848976 - 848977
Total EFT Amount $714,408.86 $1,215,332.56 $0.00 $0.00 Total EFTs 1,929,741.42$
Grand Total 6,929,621.42$
Councilmember B
100 1,078,338.88
110 61,311.83
140 774.25
142 326.10
145 1,054.51
150 108,576.94
160 13,088.26
165 40,574.01
168 59,930.74
170 622.46
180 1,130.60
185 50.54
188 56,725.58
190 6,968.11
194 3,318.75
195 4.23
196 HOTEL/ MOTEL EXCISE TAX 19,142.25
367 1,431,719.06
410 1,339,091.08
510 55,491.58
511 11,090.73
515 103,564.66
516 515,836.19
690 2,020,890.08
GRAND TOTAL ALL FUNDS:6,929,621.42$
PAYROLL CLEARING
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
EQUIPMENT RENTAL - OPERATING BUSINESS
EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL
EQUIPMENT RENTAL - REPLACEMENT BUSINESS
ECONOMIC DEVELOPMENT
STADIUM/ CONVENTION CENTER
GENERAL CAP PROJECT CONSTRUCTION
UTILITY, WATER/ SEWER
RIVERSHORE TRAIL & MARINA MAIN
SPECIAL ASSESSMENT LODGING
REVOLVING ABATEMENT
CEMETERY
ATHLETIC PROGRAMS
ANIMAL CONTROL
SENIOR CENTER OPERATING
MULTI-MODAL FACILITY
C.D. BLOCK GRANT
HOME CONSORTIUM GRANT
MARTIN LUTHER KING COMMUNITY CENTER
AMBULANCE SERVICE
Councilmember A
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
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
3rd day of January, 2023 that the merchandise or services hereinafter specified have been received and are approved for payment:
January 2 to January 15, 2025
C I T Y O F P A S C O
Council Meeting of:
Accounts Payable Approved
The City Council
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AGENDA REPORT
FOR: City Council January 15, 2025
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 1/21/25
FROM: Maria Serra, Director
Public Works
SUBJECT: Resolution No. 4554 - Project Acceptance for the Burns Road Restriping
Project
I. ATTACHMENT(S):
Resolution
Power Point Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. 4554, accepting work performed
by Pavement Surface Control, under contract for the Burns Road Restriping
project.
III. FISCAL IMPACT:
Engineer's Estimate $236,376.80
Awarded Construction Contract Amount $95,842.31
Project Change Orders $5,194.24
Project Closeout Reconciliation $(5,365.47)
Final Construction Cost $95,671.08
The project closeout reconciliation amounts include bid items that exceeded the
original planned quantities and others that were partially used in the process of
delivering the work scoped in the contract.
Funding for this project was provided by City of Pasco, streets fund.
IV. HISTORY AND FACTS BRIEF:
This maintenance project was identified as a response to reports of unsafe
queueing of vehicles in the travel lane, along westbound Burns Road
associated with School pick up times. Additionally, the sequential development
Page 21 of 434
of parcels adjacent to Burns Road to the north had created a patchwork effect
on the roadway as it was widened in non-consecutive segments. This created
inconsistent striping.
The project provided striping of the roadway, creating safer lane configuration
to accommodate traffic flow during the morning and afternoon peak hours. As
part of this project, bicycle lanes and parallel parking for vehicles along Burns
Road were delineated.
The project was advertised on February 21, 2024, and bids opened on March
13, 2024. Pavement Surface Control was the lowest responsive, responsible
bidder and was awarded the project. The Notice to Proceed (NTP) was issued
for June 17, 2024, with Substantial Completion achieved on June 28, 2024.
Formal acceptance of public works projects is required by State law and starts
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:
An affidavit of no liens
A release from the Department of Revenue that all taxes have been paid
A release from any claims from the Department of Labor and Industries,
pursuant to RCW 60.28.051
V. DISCUSSION:
This item was presented to Council at the January 13, 2025, workshop as a
discussion item.
City Staff recommends approval of the Resolution for acceptance of
contractor's work for the Burns Road Restriping Project as constructed by
Pavement Surface Control.
Page 22 of 434
Resolution – Accepting Work for Burns Rd Restriping Project - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON.
ACCEPTING WORK PERFORMED BY PAVEMENT SURFACE CONTROL,
UNDER CONTRACT FOR THE BURNS ROAD RESTRIPING PROJECT.
WHEREAS, the work performed by Pavement Surface Control under contract for Project
No. 23 568 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 City Staff’s recommendation and thereby accepts the
work performed by Pavement Surface Control under contract for Project No. 23 568 as being
completed in apparent compliance with the project’s 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
Public Works Department staff and Finance Director.
Be It Further Resolved, that this Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____,
2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 23 of 434
Burns Road Restriping
Project Acceptance
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CONSTRUCTION COSTS
$236,376.80Engineer’s Estimate
$95,842.31Bid Award
$5,194.24Project Change Orders
$(5,365.47)Project Closeout Reconciliation
$95,671.08Final Construction Contract Total
Burns Road Restriping
Project was funded via City of Pasco Local Funds
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AGENDA REPORT
FOR: City Council January 14, 2025
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 1/21/25
FROM: Maria Serra, Public Works Director
Public Works
SUBJECT: Resolution No. 4555 - Change Order No. 12 for the West Pasco Water
Treatment Plant Phase 2 (5 minutes)
I. ATTACHMENT(S):
Resolution
PowerPoint Presentation
Change Order history
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION:City the authorizing 4555, No. move approve to I Resolution
Manager to execute Change Order No. 12 to the construction contract with
Apollo, Inc. for the West Pasco Water Treatment Plant Improvements Phase 2
project.
III. FISCAL IMPACT:
Engineer’s Estimate $ 13,606,000.00
Original Construction Agreement $ 10,359,218.70
Previously Approved Change Order
Nos. 1-11 $ 613,756.32
Change Order No. 12 $ 170,581.24
New Construction Agreement
Total $ 11,143,150.38
The adopted budget for the project is sufficient to accommodate this change
order.
Funding for the project is provided as follows:
Project budget: $12,753,259.00
Department of Health State Revolving Fund: $9,656,702.00
Page 29 of 434
American Rescue Plan Act: $1,165,000.00
Water Service Utility Fund: $1,931,557.00
IV. HISTORY AND FACTS BRIEF:
Design, permitting, and final cost estimates for this project were completed in
June 2022. Phase 2 project consists of a set of improvements to expand the
distribution capacity of the West Pasco Water Treatment Plant (WPWTP) from
6 the complements and 12 to MGD, day per gallons million (MGD)
improvements underway as part of Phase 1 (membrane filters and other
treatment improvements).
On July 18, 2022, Council awarded the WPWTP Improvements Phase 2
contract to Apollo, Inc. of Pasco, WA in the amount of $10,349,688.60 via
Resolution No. 4206.
Since construction began, the project has required eleven (11) change orders
for a total of $613,756.32. A summary of previously approved change orders is
included in this packet.
The proposed Change Order No. 12: adds $170,581.24 to the project and
brings well the below $11,143,556.26, the contract construction total to
engineer's estimate of $13,606,000.00. The details of proposed Change Order
No. 12 are shown below:
CPR 010 (CD#8) - Due to discrepancies in the intake pump station
record drawings, the true position of the pump column relative to the wet
well channel wall could not be confirmed. This change is to compensate
the contractor for field verifying dimensions and provide pump column
bracing in the intake pump station wet well. This change is calculated on
the basis of time and materials.
CPR 023 (CD#10B) - The existing air gap for the clearwell overflow is
not Since is construction regulations. in with compliance current
ongoing, and in compliance with Department of Health directives, this
component is to be retrofitted compliance. This change is calculated on
the basis of time and materials.
CPR 024 (CD#13) - This Construction Directive and accompanying
Contractor Proposal Request were created to be able to connect the
Intake this By generator. existing making to Station Pump the
temporary connection the Intake Pump Station is no longer on a
generator. This allows for a more secure and robust backup power
supply to the Intake Pump Station so that service is reliable.
CPR 025 (RFI#22) - The water level at the bottom of the WPWTP intake
forebay is too deep for operations crews to safely dewater in a cost
effective manner. This change is to allow the contractor to safely
perform all dewatering work as needed.
Page 30 of 434
V. DISCUSSION:
This item was presented to Council at the January 13, 2025, Workshop as a
discussion item.
City Staff recommends approval of Change Order No. 12 in the amount of
$170,581.24 for the West Pasco Water Treatment Plant Phase 2 Project.
Page 31 of 434
Resolution – CO No. 12 WPWTP PH2 Project - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO.
12 TO THE CONSTRUCTION CONTRACT WITH APOLLO, INC. FOR THE
WEST PASCO WATER TREATMENT PLANT IMPROVEMENTS PHASE 2
PROJECT.
WHEREAS, the City of Pasco (City) and Apollo, Inc. entered into a Construction Contract
on July 28, 2022, to provide Improvements for the West Pasco Water Treatment Plant (WPWTP)
Improvements Phase 2 Project; and
WHEREAS, Phase 2 project involves the installation of a booster pump station providing
the pumping capability to zone 1 and 3 to expand treatment plant distribution capacity from 6
MGD to 12 MGD, upgrades to the intake pump station for the increased demand, upgrades to the
backup electrical, and other site improvements to accommodate expanded operational processes;
and
WHEREAS, previously approved Change Order No. 1, Change Order No. 3, Change
Order No. 4, Change Order No. 7, and Change Order No. 8, for the amount of $36,727.16 were
authorized under the authority provided to the Public Works Director; and
WHEREAS, Change Order No. 2, was voided and left unutilized; and
WHEREAS, previously approved Change Order No. 5, Change Order No. 9, Change
Order No. 10, and Change Order No. 11, for the amount of $205,918.15 were authorized under the
authority provided to the City Manager; and
WHEREAS, previously approved Change Order No. 6, for the amount of $371,111.01
was authorized by Council Resolution No. 4354; and
WHEREAS, Change Order No. 12 addresses multiple Contractor Proposal Requests
(CPR); CPR 010 compensates the discrepancies between As-builts and field conditions for the
intake pump bracing, CPR 023 Corrects the current air gap of the clearwell overflow so that it is
in compliance, CPR 024 Allows for the old WPWTP generator to be used at the Intake Pump
Station instead of the current temporary generator, CPR 025 allows the contractor to safely perform
dewatering in the intake forebay as it is too deep for operations to perform; and
WHEREAS, the $170,581.24 amount of Change Order No. 12, exceeds the previous
authorized and used authority, and thus requires Council approval.
.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
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Resolution – CO No. 12 WPWTP PH2 Project - 2
That the City Council of the City of Pasco approves the terms and conditions of Change
Order No. 12 between the City of Pasco and Apollo, Inc. as attached hereto and incorporated herein
as Exhibit A.
Be It Further Resolved, that the City Manager of the City of Pasco, Washington, is hereby
authorized, empowered, and directed to execute said Change Order No. 12 on behalf of the City
of Pasco.
Be It Further Resolved, that this Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____,
2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 33 of 434
1/21/2025
Pasco City Council
Council Meeting
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Change Order No. 12 for
the West Pasco Water
Treatment Plant Ph 2
1/21/2025
Pasco City Council
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•Overview of Project
•Addition of new Booster Pump Station
•Addition of 3 MW Generator
•Additional Intake Pumps and Electrical
•Site Work
•This project allows full buildout and
redundancy of 12 Million Gallons per
Day (MGD) and prepares for full 18
MGD buildout.
•Project is Approximately 90% Complete
•Currently approaching testing in Late
February / Early March
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West Pasco Water Treatment Plant Ph 2
Project Overview
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West Pasco Water Treatment Plant Ph 2
Project Overview
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West Pasco Water Treatment Plant Phase 2
Construction Costs
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CONSTRUCTION COSTS
$13,606,000.00Engineer’s Estimate
$10,359,218.70Bid Award
$613,756.32 (5.92%)Change Orders 1-11
$170,581.24 (+1.65%)Change Order No. 12
$11,143,150.38New Total Agreement
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The proposed Change Order No. 12: adds $170,581.24 to the project and brings the total construction
contract to $11,143,556.26. The details of proposed Contractor Proposal Requests (CPR) within
Change Order No. 12 are shown below:
•CPR 010 (CD#8) – Field verification of pump column location and bracing.
•CPR 023 (CD#10B) – Air gap retrofit.
•CPR 024 (CD#13) – Permanent backup power connection.
•CPR 025 (RFI#22) – Dewatering of wet well.
Each CPR was verified to be needed and negotiated with the Contractor. They were found to be
reasonable by both City Staff and the Consultant.
Staff recommend approval of Change Order No. 12
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CHANGE ORDER HISTORY - WPWTP Improvements Phase 2
• Change Order No. 1 - Electrical Changes ($11,911.54):
o Additional power conduit and disconnect required for each roll up door.
Executed by Public Works Director
• Change Order No. 2 - Voided
• Change Order No. 3 & 4 - Intake Pump Station Changes and Clearwell Drain Vault
($10,859.01):
o CPR 003 – Modifications of the motor thermal protection adding missed in Spec 11.20.
o CPR 004 – Provides a flood sensor/switch to the Clearwell drain vault (DCVA Vault).
Executed by Public Works Director
• Change Order No. 5 - Asphalt Paving ($76,230.00):
o Asphalt Paving was shifted from Phase 1 to avoid having to break up asphalt for Phase
2 utilities to patch it up again.
Executed by City Manager
• Change Order No. 6 - Miscellaneous ($371,111.01):
o CPR 005 – Fuel tank and switchgear location revision. This work includes corrosion-
resistant hardware and coatings, and heat tracing of the chemical injection lines.
o CPR 006R1 – Additional work included for power and fuel lines, excavation for sumps,
fuel line piping & sensors installation assistance, and additional paving.
Approved by Council via Resolution No. 4354.
• Change Order No. 7 - Intake Pump Station Electrical Changes ($4,969.96):
o CPR 009R1 – Changes the City’s Intake Pump Station breaker and feeder sizes to
match the approved VFDs. The original design was based on larger wiring for one VFD,
and a smaller wiring for the other VFD. Existing conduit sizes are not impacted. We
confirmed this cost includes a credit for the reduction in breaker and feeder sizes
needed for the approved 150 HP motor.
Executed by Public Works Director
• Change Order No. 8 - PH and ORP Sensor Changes ($8,986.65):
o CPR 011R2 – Changing the designed pH and ORP probes with different probes more
appropriate for the configuration.
Executed by Public Works Director
• Change Order No. 9 - Zone 1 Flowmeter Bypass Vault Piping Changes & Tax
Increase ($28,174.66):
o CPR 015 - This change modifies the Zone 1 flowmeter vault bypass piping. The Design
included 3 ea. 14" foster adapter connections between 14" tees and 14" butterfly valves.
We have learned during construction that the standard 14” MJ bolt pattern results in
bolt clocking that interferes with the butterfly valve stem when paired with a foster
adapter, preventing installation at the appropriate angle for a valve can.
o Apollo, Inc. was made aware by the City of Pasco that the Washington State sales tax
rate for this project is to increase from 8.7% to 8.9% for work performed after January
1, 2023. This only formally changes the original contract price from $10,359,218.70 to
$10,378,865.36.
Executed by City Manager
• Change Order No. 10 - Chemical Metering Pump System Upgrades ($41,729.51):
Page 41 of 434
o This change modifies the proposed metering pumps with stroke length actuators and
provides custom control panels to match their existing equipment. The original design
had opted for modernized metering pump controls; however, the City has requested
that the Phase 2 metering pump control panels match their existing equipment which
is no longer readily available, so this CPR includes costs associated with retrofitting
City supplied spare control panels and stroke length actuators, and all associated
electrical work.
Executed by City Manager
• Change Order No. 11 - Multiple CPR's addressing changes and found conditions
($59,783.98):
o CPR 012 (CD #9) - Sample Taps: Relocation and improvement of water quality
analyzer sample taps and flushing port. Part of this work has already been performed.
($2,813.83)
o CPR 014 (CD #10A) - Clearwell Overflow Screen: Procurement, fabrication, and
installation of new clearwell overflow screen to allow for City to modify the air gap to
48” in the future if they elect to do so. NOTE: this change only adds a proper screen to
the overflow, and does not modify the air gap distance. The proposed screen is a two-
part screen with a total of 60”, intended to be able to be used if the overflow piping is
modified to provide a 2xDiameter air gap in the future. ($10,843.10)
o CPR 017 (CD #11) - Recycle Bypass Line: Installation of recycle bypass piping and
conduits for future installation of electrically actuated valves on recycle bypass line.
Installation of this piping is critical to allowing paving to proceed this fall without shutting
down the plant. ($16,944.02)
o CPR 018 – Finished Water Tie-in Piping Configuration Changes: Material cost two
additional long body sleeves to facilitate timely Zone 1 transmission main for tie in and
minimize driveway down time. This work has already been performed. ($5,844.76)
o CPR 019 - Additional site paving to include the remainder of the sites poor asphalt, so
that further damage to existing or damage to new asphalt can be mitigated. This also
allows for better stormwater flow for the site. ($18,452.34) Administrative Correction -
CO8 subtracted $406.18 to the previous change order contract amount. This does not
effect pay, but corrects the previous change order contract amount that is listed below,
by adding the $406.18.
Executed by City Manager
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AGENDA REPORT
FOR: City Council January 15, 2025
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 1/21/25
FROM: Maria Serra, Director
Public Works
SUBJECT: Resolution No. 4556 - Bid Award for Broadmoor Area Tax Increment
Financing Improvements - Sandifur Pkwy/Broadmoor Blvd Intersection
Improvements Project
I. ATTACHMENT(S):
Resolution
Power Point Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. 4556, awarding the construction
contract Blvd Pkwy/Broadmoor Sandifur Intersection No. Bid for 24600
Improvements Project to Tapani, Inc., of Richland, Washington, in the amount
of $4,286,821.62, and further, authorize the City Manager to execute the
contract documents.
III. FISCAL IMPACT:
Construction Contract: $4,286,821.62
Funding is provided by Utility Rates and Tax Increment Financing.
The Share Proportionate the and 2023-2024 Biennial Adopted Budget
Contributions received provide the funding to cover design, construction, and
construction management/administration costs.
IV. HISTORY AND FACTS BRIEF:
The Broadmoor area has the opportunity, if developed properly, to serve as a
significant economic engine for the Pasco community providing for increased
tax revenues to support City services and provide significant employment
opportunities for the residents of Pasco. In addition to the economic stimulus,
the development of the Broadmoor area will provide the necessary residential
Page 43 of 434
units to meet the demands of the population growth projected for the area by
the State of Washington.
The Washington State Legislature, during its 2021 legislative session, enacted
“AN ACT Relating to tax increment financing” and codified as RCW 39.114 (the
“TIF” Act), which authorizes local governments, including cities, to carry out tax
increment financing of the public improvements needed to support vital private
economic development projects.
Tax Increment Financing (TIF) is a program that allocates revenues generated
from the increased assessed valuation of properties improved by private
development that are within a designated Tax Increment Area (TIA) to pay for
public improvements that are needed to support development.
Council adopted Ordinance No. 4618, on October 31, 2022, designating a
specific TIF area of approximately 671 acres in the Broadmoor area.
The Broadmoor Area TIF – Sandifur Pkwy/Broadmoor Intersection
Improvements project is the fourth phase of a multi-phased project planned to
make key infrastructure improvements necessary to promote development in
this area.
The Sandifur Pkwy/Broadmoor Intersection improvements fall within the scope
of allowable work as defined by Section 4 of Ordinance No. 4618.
V. DISCUSSION:
The Phase 1A which is now complete, provided for rough grading for the
alignments of Road 108, Sandifur Parkway and a utility corridor, in anticipation
of the construction of utilities and roadways, in subsequent phases.
The Phase 1B Utililty Package Phase project is now complete. The goal of this
project was to install critical utility infrastructure backbone that serves the entire
Broadmoor Area. The alignments of these utilities were selected to allow one
of the future planned phases to construct arterials and collectors that will make
up the heart of the transportation grid in this area.
This third phase of the Broadmoor TIF improvements, which is still in
construction, addresses current deficiencies and accommodates future traffic
projections at the intersection of Broadmoor and Burns, which is a key access
point to the Broadmoor area. There are two new public schools to the east that
use this intersection as an access point as well. This project will provide a
signalized intersection, dedicated turn lanes, and multi-modal considerations
intended to both raise the vehicular level of service and provide a safe
environment for pedestrians and bicyclists.
Page 44 of 434
Similar TIF Broadmoor of phase fourth the phase, third the to the
improvements accommodates future traffic projections along the Broadmoor
corridor between Nottingham Drive and Sandifur Boulevard. Improvements are
proposed Parkway at the intersections of Broadmoor/Sandifur and
Broadmoor/Buckingham Drive, as well as widening of the corridor. The project
will provide a new signalized intersection, dedicated turn lanes, and multi-
modal considerations throughout the Broadmoor corridor.
The Sandifur Pkwy/Broadmoor Intersection Improvements project was
advertised for bids on Wednesday, September 25, 2024. On December 5,
2024, a public bid opening was held at 2:00 PM.
A total of eight (8) bids were received. The lowest responsible, responsive
bidder of amount the in Washington, Tapani, of Inc. was Richland,
$4,286,821.62. The Engineer's Estimate is $6,498,751.72. The second lowest
bid was submitted by Apollo, Inc., in the amount of $4,449,960.75.
The Engineer of Record, PBS Engineering & Environmental Inc, and City staff
completed the review of the bid submittal, and no exemptions or irregularities
were found.
This item was presented to Council at the January 13, 2025, Workshop as a
discussion item.
City staff recommends award of the contract for the Broadmoor Area TIF –
Sandifur Pkwy/Broadmoor Blvd Intersection Improvements project to Tapani,
Inc. Richland, Washington, in the amount of $4,286,821.62.
Page 45 of 434
Resolution – Sandifur/Broadmoor Imprv. Bid Award - 1
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON.
AWARDING BID NO. 24600 FOR THE SANDIFUR PKWY/BROADMOOR
INTERSECTION IMPROVEMENTS PROJECT TO TAPANI, INC., OF
RICHLAND, WASHINGTON; AND FURTHER, AUTHORIZE THE CITY
MANAGER TO EXECUTE THE CONTRACT DOCUMENTS.
WHEREAS, the City of Pasco (City) identified the Sandifur Pkwy./Broadmoor Blvd.
Intersection Improvements Project in the Approved Capital Improvement Plan; and
WHEREAS, this Contract provides for roadway improvements including widening,
additional dedicated turn lanes, a new traffic signal, and multi-modal transportation
accommodations in the form of sidewalks and multi-use path; and
WHEREAS, the City solicited sealed bid public bids for this project, identified as Sandifur
Pkwy/Broadmoor Intersection Improvements Project; and
WHEREAS, on December 5, 2024, at 2:00 p.m., eight (8) bids were received and opened
by the City; and
WHEREAS, the lowest responsive bidder was Tapani, Inc., with a bid of $4,286,821.62,
the Engineer’s Estimate was $6,498,751.72; and
WHEREAS, the bid documentation was reviewed, and the bidder was determined to be
responsible and responsive.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City hereby awards the Sandifur Pkwy./Broadmoor Blvd Intersection
Improvements Project to Tapani, Inc., of Richland, WA, in the amount of $4,286,821.62, and
further authorizes the City Manager to execute the Contract documents.
Be It Further Resolved, that this Resolution shall take effect, and be in full force
immediately upon passage by the City Council.
Page 46 of 434
Resolution – Sandifur/Broadmoor Imprv. Bid Award - 2
PASSED by the City Council of the City of Pasco, Washington, on this day of ,
2025.
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
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SANDIFUR
PKWY/BROADMOOR INT
IMPROVEMENTS
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PROJECTSCOPE
•DedicatedTurnLanes
•MultiusePathway/BikeLanes
•Sidewalks
•Traffic Signal @ Buckingham Drive.Pa
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OutreachPlan
PRIORTOCONSTRUCTION COMMENCEMENTcontractor isto provide:
• Reader Boardadvertising project startdate and pertinent
information.
• Notice toutilities andservice providers
• Coordination withproperty owners, transit,andBDIforlocal access.
Allinterruptions require aminimumof48hrsadvanced noticeprior to
implementation.
Additionally, contractor toprovide Citywithnoticeof trafficrevisions at
least 1week prior toimplementation
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PAST
• Coordination directly with Pasco School District
UPCOMING
• Social media campaign
• Traditional media
• Project Specific Post Cards sent via US Mail
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Intersection Improvements Project
•Construction Eng. Estimate: $6,498,751.72
•LowestResponsive, Responsible bidder:$4,286,821.62
Tapani, Inc., ofRichland, WA
•Project funded by the Broadmoor TIF funds. Pa
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AGENDA REPORT
FOR: City Council January 16, 2025
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 1/21/25
FROM: Richa Sigdel, Deputy City Manager
City Manager
SUBJECT: Resolution No. 4557 - Northwest Code Professionals Personal Services
Agreement for Plan Review and Inspection Services (5 minutes)
I. ATTACHMENT(S):
Draft Resolution
Proposed Personal Service Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION:City the authorizing 4557, No. Resolution approve to move I
Manager to execute a Personal Services Agreement with Northwest Code
Professionals for plan review and inspection services.
III. FISCAL IMPACT:
The agreement with NWCP does not include a set spending cap due to the
fluctuating this of flexibility The services. nature for demand of these
arrangement ensures the City can respond to both routine service needs and
unanticipated large-scale development projects.
Over similar services have varied for years, expenditures past the four
significantly, with annual totals as follows:
2024 (Jan-Oct): $339,605.36
2023: $565,065.50
2022: $451,216.95
2021: $606,763.13
NWCP's fee schedule for the new agreement is competitive and structured to
meet the City's needs. Key rates include:
Commercial Plan Review Fee: 70% of the total plan review fees
determined by the City
Residential Plan Review: $85/hour
Field Inspection Services: $85/hour
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Specialized services, such as Fire Protection Engineering, are charged only
upon as only incurs City the costs ensuring $225/hour, at request that
necessary. NWCP also includes structural engineering peer review at no
additional cost for qualifying projects.
The City will monitor expenditures carefully to ensure alignment with the
approved budget and will authorize services on an as- needed basis to
manage costs effectively.
IV. HISTORY AND FACTS BRIEF:
significant residential, in growth experienced City Pasco of The has
commercial, and industrial sectors, leading to an increased demand for building
and fire review and inspection services. Historically, the City has partnered with
Northwest Code Professionals, who have provided consistent and reliable
service for many years.
In 2024, the City decided to issue a Request for Proposals (RFP) for these
services to ensure that the agreement was current and aligned with the City’s
best interests. This process allowed the City to evaluate potential service
providers qualified a at support most the receiving was it confirm and
competitive cost.
Northwest Code Professionals were selected through this competitive process
based competitive and record, track fee qualifications, their on proven
structure. Their expertise will enable the City to maintain high standards of
service while addressing challenges such as fluctuating permit volumes and
the additional complexity introduced by new regulations under Washington
State Senate Bill 5290 (SB-5290), effective January 1, 2025.
Rather than hiring additional staff, which is impractical due to the fluctuating
nature of demand for these services, the City relies on consultants to ensure
flexibility meet to City the approach This responsiveness. and allows
developers' needs for both routine services and potential large-scale projects
without overcommitting resources.
The proposed agreement with Northwest Code Professionals is for a three-
year term, with an optional one-year renewal, subject to City Council approval
and annual appropriations.
V. DISCUSSION:
Staff recommends Council approve the Personal Services Agreement for Plan
Review and Inspection Services.
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Page 58 of 434
Resolution – NW Code Professionals PSA - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO EXECUTE A PERSONAL
SERVICES AGREEMENT WITH NORTHWEST CODE PROFESSIONALS
FOR PLAN REVIEW AND INSPECTION SERVICES.
WHEREAS, the City of Pasco (City) has experienced significant growth in residential,
commercial, and industrial development, creating an ongoing demand for efficient building and
fire review and inspection services; and
WHEREAS, the City issued a Request for Proposals (RFP) in October 2024 to solicit
qualified consultants to provide these services in accordance with applicable federal, state, and
local regulations; and
WHEREAS, the purpose of this agreement is to ensure compliance with the Washington
State Building Code, ANSI standards, and Pasco Municipal Code Title 16 through timely plan
reviews and inspections; and
WHEREAS, the services outlined in the agreement include reviewing plans, performing
inspections, and maintaining efficient permitting processes to support approximately 5,000 permits
annually; and
WHEREAS, the City Council of the City of Pasco, Washington, has after due
consideration, determined that it is in the best interest of the City of Pasco to enter into a Personal
Services Agreement with Northwest Code Professionals.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council of the City of Pasco approves the terms and conditions of the
Personal Services Agreement between the City of Pasco and Northwest Code Professionals as
attached hereto and incorporated herein as Exhibit A.
Be It Further Resolved, that the City Manager of the City of Pasco, Washington, is hereby
authorized, empowered, and directed to execute said Personal Services Agreement on behalf of
the City of Pasco; and to make minor substantive changes necessary to execute the Agreement.
Be It Further Resolved, that this Resolution shall take effect immediately.
Page 59 of 434
Resolution – NW Code Professionals PSA - 2
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____,
2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
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Northwest Code Professionals
Building & Fire Review and Inspection Services
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PERSONAL SERVICES AGREEMENT
NORTHWEST CODE PROFESSIONALS
THIS AGREEMENT is made and entered into between the City of Pasco, a Washington
Municipal Corporation, hereinafter referred to as “City”, and Northwest Code Professionals,
hereinafter referred to as “Contractor”, on _____________________________________.
[date of execution]
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 Contractor 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.
NOW, THEREFORE, in consideration of the mutual covenants, and performances
contained herein, the parties agree as follows:
1. Scope of Services. The Contractor 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 Contractor’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. The initial term of this agreement shall be for three (3) years, beginning on the
execution date listed above.
3.1 At the City’s option and upon yearly appropriations by Council, the agreement may
be extended for an additional year for a total contract term of up to 4 years.
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
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 rendere d by the Contractor except for
services identified and set forth in this Agreement except as may be authorized by
a written supplemental agreement approved by the City.
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3.3 The City shall pay the Contractor 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 Contractor 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.
4. Reports and Inspections.
4.1 The Contractor 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 Contractor 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 Contractor’s activities. The City may,
at its discretion, conduct an audit at its expense, using its own or outside auditors,
of the Contractor’s activities which relate, directly or indirectly, to this Agreement.
Contractor shall be provided a copy of such reports.
4.3 The Contractor, 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 Contractor shall deliver to the City copies of these licenses, registration
documents, and permits or proof of their issuance or renewal.
4.4 Contractor shall maintain books, records and documents, which sufficiently and
properly reflect all direct and indirect costs related to the performance of this
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 Contractor shall retain all books, records, documents or other material
relevant to this Agreement for three (3) years after its expiration. Contractor
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.
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5. Ownership and Use of Documents.
5.1 All research, tests, surveys, preliminary data, information, drawings and
documents made, collected, or prepared by the Contractor 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. Contractor 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
Contractor 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 Contractor 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 Contractor 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 Contractor’s default, or if this Agreement is terminated prior to its
completion, the work product of the Contractor, 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 Contractor. If the Agreement is terminated through convenience by the City,
the City agrees to pay Contractor for the preparation of the summary of services
provided.
6. Public Records.
6.1 Contractor 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
Contractor, and recommendations of the Contractor are exempt prior to the
acceptance by the City or public citation by the City in connection with City action.
6.2 If the Contractor becomes a custodian of public records of the City and request for
such records is received by the City, the Contractor shall respond to the request by
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 Contractor 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 Contractor 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 Contractor to enjoin or otherwise prevent such release.
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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 Contractor. No
agent, employee, officer or representative of the Contractor shall be deemed to be
an employee, agent, officer, or representative of the City for any purpose, and the
employees of the Contractor are not entitled to any of the benefits or privileges the
City provides for its employees. The Contractor 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, Contractor 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 Contractor 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 Contractor 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.
7.5 Contractor as an independent contractor and not an employee shall not be entitled
to any employee benefits including but not limited to vacation time, sick leave, paid
time off, or paid holidays.
8. Indemnification.
8.1 The Contractor 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 Contractor 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 Contractor, and the City, its officers, officials,
employees, and volunteers, the Contractor’s liability, including the duty and cost
to defend, hereunder shall be only to the extent of the Contractor’s negligence. It
is further specifically and expressly understood that the indemnification provided
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herein constitutes the Contractor’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 caused by
Contractor’s delayed or failed performance of Section 6 above.
9. Insurance. The Contractor 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
Contractor, its agents, representatives, employees, or subcontractors. The Contractor’s
maintenance of insurance as required by the Agreement shall not be construed to limit the
liability of the Contractor 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. Contractor 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 Contractor’s Commercial General Liability insurance policy with
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 Contractor’s profession.
9.2 Minimum Amounts of Insurance. Contractor 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;
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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 Contractor’s Automobile 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 Contractor’s insurance and shall not contribute with it.
9.3.1 The Contractor’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. Contractor 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 Contractor shall provide the City with written notice of
any policy cancellation within two (2) business days of their receipt of such notice.
9.7 City Full Availability of Consultant Limits. If the Contractor 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 Contractor, irrespective of whether such limits maintained by
the Contractor 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 Contractor.
9.8 Failure to Maintain Insurance. Failure on the part of the Contractor 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 Contractor 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 Contractor from the City.
10. Nondiscrimination. In the performance of this Agreement, the Contractor 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 Contractor shall ensure that
applicants are employed, and that employees are treated during employment in the
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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. The Contractor 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 Contractor warrants that it has not
employed nor retained any company, firm, or person, other than a bona fide employee
working exclusively for the Contractor, 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 Contractor, 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 Contractor due to its unique
qualifications to perform these services. The Contractor 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 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 Contractor fails to perform in the manner called for
in this Agreement, or if the Contractor 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 affected by serving a notice of termination on the Contractor
setting forth the manner in which the Contractor is in default. The Contractor 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.
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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:
14.3.1 For the City: Troy Hendren
Building Official/Fire Marshal
525 N 3rd Ave
Pasco, WA 99301
hendrent@pasco-wa.gov
14.3.2 For the Contractor: Jack Applegate
CEO/President
3835 W Court St, Suite B
Pasco, WA 99301
jacka@nwcodepros.com
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.
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18. Authorization. By signature below, each party warrants that they are authorized and
empowered to execute this Agreement binding the City and the Contractor respectively.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the date first written above.
CITY OF PASCO, WASHINGTON NORTHWEST CODE PROFESSIONALS
Adam Lincoln, City Manager Jack Applegate, CEO/President
ATTEST: APPROVED AS TO FORM:
Debra C. Barham, City Clerk Kerr Ferguson Law, PLLC, City Attorneys
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EXHIBIT A
SCOPE OF WORK
Plan Review Scope
• Review plans to the current adopted State of Washington adopted International codes, ANSI A117.1,
and Uniform Plumbing Code including the State amendments and Washington State Energy code. In
addition to these codes and State amendments, the City has also amended these codes which can be
found in the Pasco Municipal Code (PMC) Title 16.
• The City will determine which construction and site plans will be reviewed by the Con tractor. The City
will intake, track, and process the permit applications and all revisions per current building permit
administration procedures. The Contractor will review such plans submitted and request any additional
information needed to perform a thorough review. The Building Official will make the final determination
if there are any discrepancies.
• Deferred submittals will need to be permitted separately with plans and application example. plumbing,
mechanical, signage, fire sprinkler, fire alarm, pools and type I hood/suppression systems.
• The City requires residential plan reviews to be completed and returned within five (5) business days,
and industrial and commercial plan reviews within twenty (20) business days. These timelines are
subject to change if state regulations, such as those introduced by Bill 5290, impact permitting
processes.
• Plans and specifications will be emailed or provided in an electronic drop box with a confirmation email
from the Permit Coordinator as needed.
• Paper Plans are not commonly received but “may” need to be reviewed. The City will coordinate with
reviewer a delivery or pickup procedure.
• Minor redlines of the plans will be acceptable for approval and if there are corrections, a detailed plan
review letter outlining the correction, the code section and location of the correction will be required.
• Direct communication with the applicants is acceptable to get more information and clarity (a record of
all such communications is required), but all interpretations or variances must be approved by the City
Building Official or their designee.
Building/Fire Inspection Scope
• Perform building, plumbing, mechanical, and energy code inspections on an as needed basis to the
approved set of plans. Any deviation from the approved plans or the applicable codes must be approved
by the City Building Official or their designee.
• Inspections will consist of but not be limited to: Setbacks, grading, fencing, ug plumbing, underfloor
framing, framing, sheetrock, insulation, mechanical, plumbing, roofing, structural steel, pan decking,
stucco, sheds, shops, Fireline’s, FDC, PIVs, fire sprinklers, fire alarms, type 1 and 2 hoods, water
heater, solar panel, BDA’s, ADA, etc.…
• Notice of inspection requests will be by email or other means. Such requests will be provided to the
contracted inspector no later than 8am of the day of inspections.
Page 70 of 434
Northwest Code Professionals
Building & Fire Review and Inspection Services
Page 11 of 12
• Inspections will be performed using your own vehicle, and inspector must have a valid driver’s license
and automobile insurance required by the State of Washington.
• Inspection Correction Books in duplicate with City of Pasco Letter head will be provided along with
LP/NG Approval and Fail stickers for the inspectors.
• Correction Notices and Inspection Lists will be required to be emailed or by other means provided by
end of each business day.
• Minimum qualifications for building inspectors are ICC certification as Commercial Building Inspector
and/or Residential Building Inspector. The Contractor will provide a certified building inspector or equal
to perform the Inspections.
• Inspector must meet timelines and high volume of inspections when needed and still perform in a
professional manner.
• Inspector must be able to read construction plans and be able to ask and relay questions and concerns
to the contractor, plans examiner and the owner.
• Inspector must understand their role in the construction field specifically with Special Inspectors,
Contractors, Subcontractors and Superintendents.
Page 71 of 434
Northwest Code Professionals
Building & Fire Review and Inspection Services
Page 12 of 12
EXHIBIT B
FEE SCHEDULE
Commercial Plan Review Fee
70 % of total plan review fees determined by
City1
Hourly Plan Review Rate for
changes to approved plans, or
additional review of corrections to
plan check letters after the first re-
review. No additional charge for
first review of corrections.
$85.00 Per hour Residential
$125.00 Per hour Commercial/ Fire Plan
Review
Residential Plan Review $85.00 Per hour/ NEW SFD/DUPLEX Flat
FEE $250.00 each.
Field Inspection Services $85.00 Per hour.
Permit Technician Services Hourly
Rate. $65.00 Per hour
SE Engineer Peer Review
Included at zero additional cost on projects
exceeding an ICC valuation of $2.0 Million,
Other projects requested by City $185.00/
HR
Fire Protection Engineering
$225.00/HR (Actual cost from contracted FP
Engineer, no added cost from NWCP) Used
and charged only upon request of CITY.
Inspection Services/Business Lic. $85.00 Per hour.
After Hours/Weekend Inspections $100.00 per hour– Minimum 2 hr. charge.
Advanced notice required.
1NWCP will determine if a project requires Fire Protection engineered review
services. Or if requested or deemed necessary by the Municipality, these fees will be
billed at actual cost and may be billed directly to the applicant by City.
Page 72 of 434
AGENDA REPORT
FOR: City Council January 15, 2025
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 1/21/25
FROM: Craig Raymond, Deputy Director
Community & Economic Development
SUBJECT: Public Meeting & Resolution No. 4558 - Accepting a Notice of Intent to
Commence Annexation Urbach 10% Annexation Petition (5 minutes)
I. ATTACHMENT(S):
Proposed Resolution as Petitioned
Proposed Resolution as Expanded (include Parcel No. 115120020, & a portion
of the right-of-way of Kau Trail Rd)
Notice of Intent to Commence Annexation 10% Petition
Power Point
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
CONDUCT A PUBLIC MEETING
MOTION A: I move to approve Resolution No. 4558, accepting a notice of
intent Annexation, Urbach for the annexation commence to proceedings
providing a determination that the boundary to be annexed, and whether
simultaneous zoning and the assumption of bonded indebtedness will be
required.
-or-
MOTION B: I move to approve Resolution No. 4558, accepting a notice of
Annexation Urbach the for annexation commence to intent proceedings
providing a determination on the boundary to be annexed, which includes
Parcels Nos. 115150079, 115150089 and 115120020, and a portion of the
right-of-way of Kau Trail Road, and whether simultaneous zoning and the
assumption of bonded indebtedness will be required.
III. FISCAL IMPACT:
None
Page 73 of 434
IV. HISTORY AND FACTS BRIEF:
The owners of Parcel No. 115150079 and the part owner of Parcel No.
115150089, property located south of Kau Trail Road and east of Road 68 in
Section 4, Township 9N, Range 29 E.W.M., submitted a Notice of Intent to
Commence Annexation of an area consisting of Parcels Nos. 115150079 and
115150089 in Franklin County, WA 99301.
Per RCW 35A.14.120, City Council shall set a date, not later than sixty days
after the filing of the request, for a meeting with the initiating parties to
determine whether the City Council will accept, reject, or geographically modify
the proposed annexation.
On January 6, 2025, City Council Passed Resolution No. 4552 setting 7:00
PM, January 21, 2025, as the time and date for a public meeting to consider a
Notice Urbach the for Proceedings Annexation Commence to Intent of
Annexation Area.
V. DISCUSSION:
The petition method of annexation is a two-step process requiring the submittal
of a Notice of Intent to Commence Annexation proceedings followed at a later
date by consideration of an actual annexation petition.
Upon receipt of a Notice of Intent to Commence Annexation - Council is
required by law to set a date to hold a public meeting to consider:
1. Whether the City will accept, reject, or geographically modify the
proposed annexation;
2. Whether it will require the simultaneous adoption of a proposed zoning
regulation; and
3. Whether it will require the assumption of all or any portion of existing
City indebtedness by the area to be annexed.
City of Pasco Development Services requests that the Annexation Area be
geographically modified and increased to include Parcel No. 115120020, and
the Kau Trail Road Right-of-Way, beginning at the intersection of Kau Trail and
Road 68 and continuing east to a point parallel with the eastern property
boundary of Parcel No. 115150079 (MOTION B). Franklin County Public
Works Department has been in contact with City Staff and has voiced no
objection to the City annexing the Kau Trail Road right-of-way.
Passage of a resolution generally accepting the boundary is a condition
precedent to circulation of the annexation petition.
Page 74 of 434
Page 75 of 434
Resolution – Accept & Proceed (ANX 2024-004) - 1
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF PASCO, ACCEPTING A NOTICE
OF INTENT TO COMMENCE ANNEXATION PROCEEDINGS FOR THE
URBACH ANNEXATION, PROVIDING A DETERMINATION ON THE
BOUNDARY TO BE ANNEXED, AND WHETHER SIMULTANEOUS
ZONING AND THE ASSUMPTION OF BONDED INDEBTEDNESS WILL BE
REQUIRED.
WHEREAS, the owners of property the North 1/2 of the South 1/2 of the Southeast 1/4 of
Section 4, Township 9 North, Range 29 East, W. M., EXCEPT the East 1928.3 feet, and EXCEPT
the North 30 feet for Roads, and EXCEPT the West 350 feet thereof (Franklin County Parcel
115150079), in Pasco, Washington 99301; and one of the property owners of a portion of the West
350 feet of the North 1/2 of the South 1/2 of the Southeast 1/4 and portion of the North 1/2 of the
Southeast 1/4 of the Southwest 1/4, lying easterly of the easterly margin line of Road 68, in Section
4, Township 9 North, Range 29, East, W.M (Franklin County Parcel No. 115150089), in Pasco,
Washington, have filed a Notice of Intent to Commence Annexation Proceedings to the City of
Pasco; and
WHEREAS, on January 6, 2025, the City Council set an January 21, 2025, public meeting
date with the initiators to consider (1) whether the City will accept, reject, or geographically
modify the proposed annexation; (2) whether it will require the simultaneous adoption of a
proposed zoning regulation; and (3) whether it will require the assumption of all or any portion of
existing City indebtedness by the area to be annexed; and
WHEREAS, the City Council has reviewed the Notice of Intent, conducted a public
meeting with the initiators, and has determined it is in the best interests of the City to accept the
proposal as described in Exhibit A and depicted in Exhibit B, attached hereto; and
WHEREAS, the City has determined that the proposed annexation site is within the Pasco
Urban Growth Area, annexation of the proposed site would be a natural extension of the City and
said annexation would be in the best interest of the Pasco community.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, DOES
RESOLVE AS FOLLOWS:
That the City will accept the proposed territory to be annexed as described in Exhibit A
and depicted in Exhibit B attached hereto.
Be It Resolved, that the territory to be annexed will not require simultaneous adoption of
zoning regulations. Zoning will be determined through a public hearing process with input from
affected property owners.
Be It Further Resolved that the annexation area will be required to assume a proportionate
share of existing City bonded indebtedness.
MOTION OPTION A
Page 76 of 434
Resolution – Accept & Proceed (ANX 2024-004) - 1
Be It Further Resolved, that this Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of
________________, 2025.
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 77 of 434
Resolution – Accept & Proceed (ANX 2024-004) - 1
EXHIBIT A
ANNEXATION LEGAL DESCRIPTION
Parcel 115150079:
The North 1/2 of the South 1/2 of the Southeast 1/4 of Section 4, Township 9 North, Range 29
East, W. M., EXCEPT the East 1928.3 feet, and EXCEPT the North 30 feet for Roads, and
EXCEPT the West 350 feet thereof in Pasco, Washington 99301; and
Parcel 115150089:
A portion of the West 350 feet of the North 1/2 of the South 1/2 of the Southeast 1/4 and portion
of the North 1/2 of the Southeast 1/4 of the Southwest 1/4, lying easterly of the easterly margin
line of Road 68, in Section 4, Township 9 North, Range 29, East, W.M, in Pasco, Washington,
Page 78 of 434
Resolution – Accept & Proceed (ANX 2024-004) - 1
EXHIBIT B
Page 79 of 434
Resolution – Accept & Proceed (ANX 2024-004) - 1
RESOLUTION NO. ________
A RESOLUTION OF THE CITY OF PASCO, ACCEPTING A NOTICE
OF INTENT TO COMMENCE ANNEXATION PROCEEDINGS FOR THE
URBACH ANNEXATION, PROVIDING A DETERMINATION ON THE
BOUNDARY TO BE ANNEXED, WHICH INCLUDES PARCELS NOS.
15150079, 115150089 AND 115120020, AND A PORTION OF THE RIGHT-OF-
WAY OF KAU TRAIL ROAD, AND WHETHER SIMULTANEOUS ZONING
AND THE ASSUMPTION OF BONDED INDEBTEDNESS WILL BE
REQUIRED.
WHEREAS, the owners of property the North 1/2 of the South 1/2 of the Southeast 1/4 of
Section 4, Township 9 North, Range 29 East, W. M., EXCEPT the East 1928.3 feet, and EXCEPT
the North 30 feet for Roads, and EXCEPT the West 350 feet thereof (Franklin County Parcel
115150079), in Pasco, Washington 99301; and one of the property owners of a portion of the West
350 feet of the North 1/2 of the South 1/2 of the Southeast 1/4 and portion of the North 1/2 of the
Southeast 1/4 of the Southwest 1/4, lying easterly of the easterly margin line of Road 68, in Section
4, Township 9 North, Range 29, East, W.M (Franklin County Parcel No. 115150089), in Pasco,
Washington, have filed a Notice of Intent to Commence Annexation Proceedings to the City of
Pasco; and
WHEREAS, on January 6, 2025, the City Council set an January 21, 2025, public meeting
date with the initiators to consider (1) whether the City will accept, reject, or geographically
modify the proposed annexation; (2) whether it will require the simultaneous adoption of a
proposed zoning regulation; and (3) whether it will require the assumption of all or any portion of
existing City indebtedness by the area to be annexed; and
WHEREAS, the City Council has reviewed the Notice of Intent, conducted a public
meeting with the initiators, and has determined it is in the best interests of the City to accept the
proposal as described in Exhibit A and depicted in Exhibit B, attached hereto; and
WHEREAS, the City has determined that the proposed annexation site is within the Pasco
Urban Growth Area, annexation of the proposed site would be a natural extension of the City and
said annexation would be in the best interest of the Pasco community.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, DOES
RESOLVE AS FOLLOWS:
That the City will accept the proposed territory to be annexed as described in Exhibit A
and depicted in Exhibit B attached hereto.
Be It Resolved, that the territory to be annexed will not require simultaneous adoption of
zoning regulations. Zoning will be determined through a public hearing process with input from
affected property owners.
MOTION OPTION B
Page 80 of 434
Resolution – Accept & Proceed (ANX 2024-004) - 1
Be It Further Resolved that the annexation area will be required to assume a proportionate
share of existing City bonded indebtedness.
Be It Further Resolved, that this Resolution shall take effect immediately.
PASSED by the City Council of the City of Pasco, Washington this ___ day of
________________, 2025.
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 81 of 434
Resolution – Accept & Proceed (ANX 2024-004) - 1
EXHIBIT A
ANNEXATION DRAFT LEGAL DESCRIPTION
Parcel 115150079:
The North 1/2 of the South 1/2 of the Southeast 1/4 of Section 4, Township 9 North, Range 29
East, W. M., EXCEPT the East 1928.3 feet, and EXCEPT the North 30 feet for Roads, and
EXCEPT the West 350 feet thereof in Pasco, Washington 99301; and
Parcel 115150089:
A portion of the West 350 feet of the North 1/2 of the South 1/2 of the Southeast 1/4 and portion
of the North 1/2 of the Southeast 1/4 of the Southwest 1/4, lying easterly of the easterly margin
line of Road 68, in Section 4, Township 9 North, Range 29, East, W.M, in Pasco, Washington;
and
Parcel 115120020:
Beginning at the South quarter corner of said Section 4, thence North 02°00'26" East along the
North-South center of section line a distance of 1351.02 feet to the Northwest corner of the
Southwest quarter of the Southeast quarter of said Section 4; thence South 89°28'28" East along
the Northerly line thereof a distance of 30.01 feet; thence leaving said Northerly line South
02°00'26" West a distance of 30.01 feet to a point on the Southerly margin of Kau Trail Road
and the true point of beginning; thence continuing South
02°00'26" West a distance of 334.05 feet; thence North 89°28'28" West a distance of 147.83 feet
to a point on the Easterly margin of said Road 68; thence North 14°05'10" West along said
Easterly margin a distance of 345.10 feet to a point on said Southerly margin of Kau Trail Road;
thence South 89°28'28" East along said Southerly margin a distance of 243.53 feet to the True
Point of Beginning; and
Kau Trail Right-of-Way:
The entire width of Kau Trail right-of-way beginning at the intersection of Kau Trail and Road
68 and continuing east to a point parallel with the eastern property boundary of Parcel
115150079, as described above.
Page 82 of 434
Resolution – Accept & Proceed (ANX 2024-004) - 1
EXHIBIT B
Page 83 of 434
NOTICE OF INTENTION TO COMMENCE ANNEXATION PROCEDURES
TO: The City Council of the City of Pasco
525 North Third Avenue
Pasco, Washington 99301
Council Members:
The undersigned, who are the owners of not less than ten percent in value, according to
the assessed valuation for general taxation of the property for which annexation is
sought, hereby advise the City Council of the City of Pasco that it is the desire of the
undersigned owners of the following area to commence annexation proceedings.
The property herein referred to is described on Exhibit "1" attached hereto and is
depicted on Exhibit "2" further attached hereto.
It is requested that the City Council of the City of Pasco set a date not later than sixty
days after the filing of this request for a meeting with the undersigned to determine:
(1)Whether the City Council will accept the proposed annexation; and,
(2)Whether the City Council will require the assumption of existing City
indebtedness by the area to be annexed; and,
(3)Whether the City Council will require simultaneous zoning.
This page is one of a group of pages containing identical text material and is intended by
the signers of this Notice of Intention to be presented and considered as one Notice of
Intention and may be filed with other pages containing additional signatures which
cumulatively may be considered as a single Notice of Intention.
Page 84 of 434
1.Please print your name in addition to signing.
Page 85 of 434
EXHIBIT "A"
DRAFT Legal - Urbach/Kau Trail/Road 68 Annexation -ANX 2024-004
Parcel 115150079
The North half of the South half of the Southeast quarter of Section 4, To wnship 9 North, Range 29 East,
W.M., EXCEPT the East 1928.3 feet, and EXCEPT the North 30 feet for Roads, and EXCEPT the West 350
feet thereof.
Parcel 115150089
Portion of the West 350 feet of the North half of the South half of the Southeast quarter and portion of
the North half of the Southeast quarter of the Southwest quarter, lying easterly of the easterly margin line
of Road 68, in Section 4, Township 9 North, Range 29, E.W.M., defined as follows:
Beginning at the South quarter corner of said section; Thence North 2°00' East along the North-South
center of section line, 1351.02 feet to the Northwest corner of the Southwest quarter of the Southeast
quarter of said section; Thence Southerly 89°28' East along the Northerly line thereof, 30.01'; Thence
leaving said Northerly line Southerly 2°00' West, 30.01' to a point on the Southerly margin of Kau Trail
Road and the true point of beginning;
Thence Southerly 89°28' East along said Southerly margin, 320.11 '; Thence leaving said Southerly margin
Southerly 2°00' West, 645.96'; Thence Northerly 89°23' West, 378.72' to the Easterly margin of Road 68;
Thence Northerly 14°05' West along said Easterly margin, 321.71 '; Thence Southerly 89 °28' East, 147.83';
Thence Northerly 2°00' East, 334.05' to the true point of beginning, all in Franklin County, State of
Washington .
Subdivided and created in the subdivision of Parcel No. 115-150-088 on February 9th, 2010.
Page 86 of 434
Item: Annexation -Southeast of Kau Trail Road and Road 68 N "Exhibit B" Applicant(s): Betty Urbach, c/o Jeff Smart1' File #: ANX 2024-004 � Budsage Dr
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Affidavit of Signature for
Annexation Notice of Intent and Petition
Under the penalty of perjury, J declare under oathj_at I am �:ized to sign deeds andencumbrances on behalf oft\/�. \lXY)U,S)\ � Y\\� 1Q \ Vllt Y\arid I am further authorized to sign other documents including Notices of lntent�nd Petitions.
Sign re Date
State of Washington
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I certify that I know or have satisfactory evidence that + is the person who appeared
before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that
(he/she) was authorized to execute the instrument and acknowledged it as
the C:)\>='{'f:� of� , ?'f"10t� to be the free and voluntary act
of such party for the uses and purposes mentioned in theinst ent. b°'--\:31\f\._ \;Y\Q)J:j\__ "+' 711 1 l\ 1p A. l)r�
Given under my hand and official seal this \� day of �T
JESSICA D JACKMAN NOTARY PUBLIC #20888STATE OF WASHINGTONCOMMISSION EXPIRES-FEBRUARY 19, 2Q26
Commission Expires: --'=-"'-.+-L....L��"""'--""1--Jessica Jac:Uman
Page 88 of 434
➢The legislative body shall set a date, not later than sixty days after the
filing of the request, for a meeting with the initiating parties to determine
whether the City Council will accept, reject, or geographically modify the
proposed annexation.
On January 6, 2025, City Council Passed Resolution 4552
setting 7:00 PM, January 21, 2025, as the time and date for a
public meeting to consider a Notice of Intent to Commence
Annexation Proceedings for the Urbach annexation area.
ANX 2024-004 – Urbach - Kau Trail & Road 68
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•Parcel 115150089
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AGENDA REPORT
FOR: City Council January 3, 2025
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 1/21/25
FROM: Craig Raymond, Deputy Director
Community & Economic Development
SUBJECT: *Q Ordinance No. 4754 - The Grove at Broadmoor Rezone from RT to
R-4 (Z 2024-005) (5 minutes)
I. ATTACHMENT(S):
Ordinance
Exhibit A - Hearing Examiner Recommendation, Dated December 27, 2024
Exhibit B - Map
Staff Report and information packet to Hearing Examiner for Hearing on
December 11, 2024
Power Point Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: zoning the amending 4754, No. move adopt to I Ordinance
classification of certain real property located on the south side of Burns Road,
east of Road 112, north of Sandifur Parkway, and west of Road 108, in Pasco,
Franklin County, Washington, from R-T Residential Transition, to R-4 High
Destiny Residential and, further, authorize publication by summary only.
III. FISCAL IMPACT:
None.
IV. HISTORY AND FACTS BRIEF:
On December 11, 2024, the Hearing Examiner held a public hearing to
consider a request to rezone Lots 7 and 31 of Record of Survey Auditors File
Number 1986333 (Parcels Nos. 115-210-052 and 115-210-057) in Pasco,
Franklin Residential R-T, district from from Washington County, zoning
Transition, to R-4, High Density Residential.
Following hearing, the Hearing Examiner the conclusion of the public
recommended approval of the Applicant's request for a rezone.
Page 92 of 434
No appeals of this recommendation have been received.
V. DISCUSSION:
The Walsh Group, on behalf Broadmoor Properties LLC, submitted application,
Z 2024-005, to rezone Lots 7 and 31 of Record of Survey, Auditors File
Number 1986333 (Parcels Nos. 115-210-052 and 115-210-057), in Pasco, WA
99301 from R-T, Residential Transition, to R-4, High Density Residential. The
subject property comprises approximately 11.96 combined acres. The
underlying Broadmoor Master Plan Land Use designation is Medium Density
Residential.
The subject properties were annexed into the City via Ordinance 3305 in
August 1998 and subsequently assigned zoning district R-T, Residential
Transition, via Ordinance 3506.
The petition for a change of classification must include the following information
per PMC. 25.210.030:
1. The date the existing zone became effective:
The site was assigned the zoning district designation of R-T Residential
Transition in 1998 via Ordinance 3506.
2. The changed conditions, which are alleged to warrant other or
additional zoning:
The R-T district is intended to be applied or assigned to areas that are
essentially undeveloped, however, ultimately intended for suburban or urban
residential use. These properties have remained undeveloped for over 25
years, and now that the City of Pasco is developing into the Broadmoor area it
is the appropriate time to rezone the land. In the R-T zone the density is 1
dwelling unit per 5 acres which does not meet the minimum density required
per the Pasco Comprehensive Plan. Additionally R-T is not a zoning district
that is appropriate for the subject property’s underlying Comprehensive Plan
Land Use designation of Medium Density Residential.
3. Facts to justify the change on the basis of advancing the public health,
safety and general welfare:
The Medium Density Residential Land Use designation allows for R-2 through
R-4 or RP zoning; development with a higher density of dwelling units per acre
than the existing .2 d/ac density allowed in the R-T zoning district will help
reduce urban sprawl and increase housing availability.
The rezone application and proposal are consistent with the Council-approved
amendments to the Pasco Comprehensive Plan, which has been determined to
be in the best interest of advancing public health, safety and general welfare of
Page 93 of 434
the community.
4. The effect it will have on the value and character of the adjacent
property and the Comprehensive Plan:
A change in zoning would be consistent with the comprehensive plan Land Use
Map medium Density Residential designation for the site. Per Applicant, the
proposed land usage matches that of the adjacent properties and have a
positive impact of neighboring properties. Immediately to the west of the
subject property is R-3 zoning with single family residential development on
approximately 1/8 acre lots. Less than 800 feet along Burns Road to the east of
the subject property are two multifamily developments on property zoned R-4.
5. The effect on the property owner or owners if the request is not
granted:
If the rezone is not granted the proposed Preliminary Plat Application, PP2024-
007, for the Grove at Broadmoor will most likely be withdrawn.
6. The Comprehensive Plan land use designation for the property:
The City of Pasco Comprehensive Plan designates the subject property’s Land
Use as medium Density Residential. The Medium Density Residential Land
Use designation allows for a variety of residential housing at a density of 6 to
20 dwelling units per acre, and may be assigned R-2 through R-4 or RP
zoning, per PMC 24.215.015.
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.
Full descriptions and details can be found in the attached "Exhibit A".
Recommendation--Hearing Examiner:
As noted in the attached "Exhibit A," the Hearing Examiner has found that the
proposed rezone meets the criteria found in PMC Section 25.210.060, and
recommended, based on the Recommended Findings of Fact and Conclusions
of Law, that the City Council approve the rezone of Parcels Nos. 115-210-052
and 115-210-057 from R-T to R-4, without a concomitant agreement.
Page 94 of 434
Ordinance Rezone Z 2024-005 – The Grove at Broadmoor - 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 ON THE SOUTH SIDE OF BURNS ROAD, EAST OF
ROAD 112, NORTH OF SANDIFUR PARKWAY, AND WEST OF ROAD 108,
IN PASCO, FRANKLIN COUNTY, WASHINGTON, FROM R-T,
RESIDENTIAL TRANSITION, TO R-4, HIGH DENSITY RESIDENTIAL.
WHEREAS, The Walsh Group, the petitioner seeks to rezone Parcel Nos. 115210052 and
115210057, Pasco, 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 December 11, 2024; 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 t he 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 proposal is consistent with and
satisfies all criteria 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 95 of 434
Ordinance Rezone Z 2024-005 – The Grove at Broadmoor - 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
zoning district R-T, Residential Transition, to R-4, High Density Residential, for the real property
as shown in the Exhibit B attached hereto and described as follows:
Parcel 115-210-052: LOT 7 OF RECORD OF SURVEY 1986333
Parcel 115-210-057: LOT 31 OF RECORD OF SURVEY 1986333
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, on this ___ day of _____,
2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: _____________________________
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CITY OF PASCO
LAND USE HEARING EXAMINER
IN THE MATTER OF
Z 2024-005
Burns Road Rezone
)
) )
)
RECOMMENDED FINDINGS OF
FACT, CONCLUSIONS OF LAW,
AND DECISION
THIS MA TIER having come on for hearing in front of the City of Pasco Hearing Examiner on December
11, 2024, 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 DESCRIPTION:
1.1. Legal:
1.1.1.Parcel 1152-10-052: A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER
OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29
EAST, WILLAMETTE MER IDIAN, CITY OF PASCO, FRANKLIN COUNTY,
WA SHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT
THE NORTHWEST CORNER OF LOT 7 OF AMENDED RECORD OF SURVEY FOR
EXEMP T PARCEL SEGR EGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES
267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316; THENCE
SOUTH 00 °00'19 11 EAST ALONG THE WEST BOUNDARY OF SAID LOT 7 A
DISTANCE OF 466.80 FEET TO THE TRUE POINT OF BEGINNING; THENCE
CONTINUING SOUTH 00°00'1911 EAST ALONG SAID WEST BOUNDARY A
DISTAN CE OF 480.38 FEET; THENCE NORTH 89° 57'42" EAST A DISTANCE OF
422.95 FEET TO A POINT OF CURVATURE WITH A TAN GENT CURVE TUR NING TO
THE LEFT, HAVING A RADIUS OF 300.03 FEET; THENCE ALONG SAID CURVE,
HAVING AN ARC LENGTH OF 28.71 FEET, WITH A DELTA ANGLE OF 05°29'00", A
CHOR D BEARING OF NORTH 87°13'1211 EAST, AND A CHOR D LENGTH OF 28.70
FEET; THENCE NORTH 84°28'4211 EAST A DISTANCE OF 98.20 FEET; THENCE
NORTH 00°00'33" WEST A DISTANCE OF 46 9.31 FEET; THENCE SOUTH 89°59'41"
WEST A DISTANCE OF 549.33 FEET TO THE TR UE POINT OF BEGINNING. (LOT 7
PER RS-1986333)
1.1.2.Parcel 115-210-057: A PARCEL OF LAND LOCATED IN THE NORTHEAST QUART ER
OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29
EAST, WILLAMETTE MER IDIAN, CITY OF PASCO, FR ANKLIN COUNTY,
WA SHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE
NORTHWEST CORNER OF LOT 7 OF AMENDED RECORD OF SURVEY FOR
EXEMP T PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES
267-271 UNDER FR ANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316; THENCE
SOUTH OOA.000'19" EAST ALONG THE WEST BOUNDARY OF SAID LOT 7 A
DISTANCE OF 466.80 FEET; THENCE NORTH 89°59'4 l" EAST A DISTANCE OF 549.33
FEET; THENCE NORTH 00°00'33" WEST A DISTANCE OF 471.81 FEET TO THE
NORTHERLY BOUNDARY OF SAID LOT 7; THENCE SOUTH 89°28'18" WEST
Z 2024-005
Burns Road Rezone
Page 1 of 5
Exhibit A
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Item:The Grove at Broadmoor R-T t0 R—4Rezone
"Exhibit B"Applicant(s):Walsh Group AFile#2 Z 2024-005
69<2 6?
BURNS RD
00c:,_
1:xvon:
110 230 450 90
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REPORT TO HEARING EXAMINER
PUBLIC HEARING
City Hall 525 North Third Avenue Council Chambers
WEDNESDAY, 11 December 2024
6:00 PM
1
MASTER FILE #: Z 2024-005
APPLICANT:Walsh Group
PO Box 1297
Eagle, ID 83616
REQUEST: REZONE: Approximately 11.96 acres of land, in two
parcels from zoning district R-T Residential Transition to
R-4 High Density Residential.
TIMELINE
June 13, 2024 Rezone Application, Z2024-005,Preliminary Plat Application,
PP2024-007, and SEPA Environmental Checklist, SEPA 2024-037,
Submitted
July 11, 2024 Applications Deemed Complete
November 7, 2024 Notice of Application with Optional SEPA Determination of Non-
Significance (NOA/ODNS) dated November 10, 2024 was posted on
the City of Pasco website and mailed to properties within 300 feet
of subject property
November 8, 2024 NOA/ODNS posted on-site on subject property
November 10, 2024 NOA/ODNS published in Tri-City Herald Newspaper and posted on
SEPA Register website.
November 11, 2024 Public Comment received from Franklin County Public Utility District
(FPUD)
November 14, 2024 Public Comment received from Bonneville Power Administration
(BPA)
November 18, 2024 Public Comment received from Confederated Tribes of the Colville
Reservation (Colville Tribes)
November 21, 2024 Public Comment received from Basin Disposal, and Washington
State Department of Ecology (Ecology)
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2
November 25, 2024 Notice of Public Hearing for Z2024-005 scheduled for December 11,
2024, was posted on the City of Pasco website and mailed to
properties within 300 feet of proposed rezone.
November 26, 2024 SEPA Mitigated Determination of Non-Significance Issued for SEPA
2024-037, posted on SEPA Register and distributed to Parties of
Record.
November 27, 2024 Notice of Public Hearing scheduled for December 11, 2024, was
published in the Tri-City Herald Newspaper
BACKGROUND
1. PROPERTY DESCRIPTION:
Legal:
Parcel 1152-10-052: A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER
OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29
EAST, WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY,
WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTHWEST CORNER OF LOT 7 OF AMENDED RECORD OF SURVEY FOR EXEMPT
PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER
FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316; THENCE SOUTH 00°00'19"
EAST ALONG THE WEST BOUNDARY OF SAID LOT 7 A DISTANCE OF 466.80 FEET TO
THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00°00'19" EAST
ALONG SAID WEST BOUNDARY A DISTANCE OF 480.38 FEET; THENCE NORTH 89°
57'42" EAST A DISTANCE OF 422.95 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 28.71 FEET, WITH A
DELTA ANGLE OF 05°29'00", A CHORD BEARING OF NORTH 87°13'12" EAST, AND
A CHORD LENGTH OF 28.70 FEET; THENCE NORTH 84°28'42" EAST A DISTANCE OF
98.20 FEET; THENCE NORTH 00°00'33" WEST A DISTANCE OF 469.31 FEET; THENCE
SOUTH 89°59'41" WEST A DISTANCE OF 549.33 FEET TO THE TRUE POINT OF
BEGINNING. (LOT 7 PER RS-1986333)
Parcel 115-210-057: A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER
OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29
EAST, WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY,
WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE
NORTHWEST CORNER OF LOT 7 OF AMENDED RECORD OF SURVEY FOR EXEMPT
PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER
FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316; THENCE SOUTH
00°00'19" EAST ALONG THE WEST BOUNDARY OF SAID LOT 7 A DISTANCE OF
466.80 FEET; THENCE NORTH 89°59'41" EAST A DISTANCE OF 549.33 FEET;
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3
THENCE NORTH 00°00'33" WEST A DISTANCE OF 471.81 FEET TO THE NORTHERLY
BOUNDARY OF SAID LOT 7; THENCE SOUTH 89°28'18" WEST ALONG SAID
NORTHERLY BOUNDARY A DISTANCE OF 549.32 FEET TO THE POINT OF
BEGINNING. (LOT 31 OF RS-1986333)
General Location: Located on the south side of Burns Road east of Road 112 and west of
Road 108
Property Size:
Parcel 1152-10-052: 6.04
Parcel 115-210-057: 5.92 Acres
Total: 11.96 Acres
2. ACCESS: Parcel 115-210-052 has public road access on Buckingham Drive. Parcel 115-210-
057 has public road access on Burns Road and Norfolk Drive.
3. UTILITIES: Municipal water and sewer is available from the west along Norfolk and
Buckingham Drives. Sewer extends east/west through Parcel 115-210-057 aligned with
Norfolk Drive.
4. LAND USE AND ZONING: The subject properties are zoned R-T Residential Transition and
are undeveloped. Surrounding properties are zoned and developed as follows:
NORTH: Across Burns Road - R-1 Low Density Residential; undeveloped and used
to grow crops with pivot irrigation
EAST: R-T Residential Transition; undeveloped
SOUTH: R-T Residential Transition; undeveloped
WEST: R-3 MEDIUM Density Residential; Single Family Dwellings on lots
approximately 1/8 acre in The Dunes subdivision.
5. COMPREHENSIVE PLAN: The City of Pasco Comprehensive Plan Land Use designation for
these properties is Medium Density Residential. Per Pasco Municipal Code (PMC)
25.215.015, the Medium Density Residential Land Use designation allows for a residential
density of 6 to 20 dwelling units per acre (du/ac) and may be assigned R-2 through R-4 or
RP zoning districts. The maximum gross density of any proposed development within any
zoning district, expressed as dwelling units per acre, shall be no less than the
corresponding minimum density expressed in the Comprehensive Plan land use density
table, and no greater than the corresponding maximum density expressed in the
Comprehensive Plan land use density table, except as provided in Chapter 25.161.040
PMC.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project.
Based on the State Environmental Policy Act (SEPA) checklist, SEPA2024-037,
Comprehensive Plan, applicable regulations, and other information, a threshold
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determination resulting in a Mitigated MDNS) for this
project was issued on November 26, 2024, .
ANALYSIS
Request
The Walsh Group, on behalf Broadmoor Properties LLC, submitted SEPA Checklist, SEPA 2024-
037, Rezone Application, Z 2024-005, and Preliminary Subdivision Application, PP2024-007 for to
Lots 7 and 31 of Record of Survey, Auditors File Number 1986333 (Parcels 115-210-052 and 115-
210-057), with a combined property size of approximately 11.96 acres.
Z 2024-005 proposes to rezone the subject properties from zoning district R-T Residential
Transition to R-4 High Density Residential; and PP2024-007, to create 94 single family residential
building lots and related infrastructure.
Though application for a Preliminary Plat, PP 2024-007, has also been made, this hearing is for
the Rezone request, Z2024-005, only.
Rezone Criteria
The initial review criteria for considering a rezone application are explained in PMC. 25.210.030.
The criteria are listed below as follows:
1. The date the existing zone became effective:
The subject properties were annexed into the City via Ordinance 3305 in August 1998 and
subsequently assigned the R-T Residential Transition zoning designation via Ordinance 3506.
2. The changed conditions, which are alleged to warrant other or additional zoning:
The R-T district is intended to be applied or assigned to areas that are essentially undeveloped,
however, ultimately intended for suburban or urban residential use. These properties have
remained undeveloped for over 25 years, and now that the City of Pasco is developing into the
Broadmoor area it is the appropriate time to rezone the land. In the R-T zone the density is 1
dwelling unit per 5 acres which does not meet the minimum density required per the Pasco
Comprehensive Plan. Additionally R-T is not a zoning district that is appropriate for the subject
property s underlying Comprehensive Plan Land Use designation of Medium Density Residential.
3. Facts to justify the change on the basis of advancing the public health, safety and
general welfare:
The Medium Density Residential Land Use designation allows for R-2 through R-4 or RP zoning;
development with a higher density of dwelling units per acre than the existing .2 d/ac density
allowed in the R-T zoning district will help reduce urban sprawl and increase housing availability.
The rezone application and proposal are consistent with the Council-approved amendments to
the Pasco Comprehensive Plan, which has been determined to be in the best interest of
advancing public health, safety and general welfare of the community.
4. The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
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5
A change in zoning would be consistent with the comprehensive plan Land Use Map medium
Density Residential designation for the site. Per Applicant, the proposed land usage matches that
of the adjacent properties and have a positive impact of neighboring properties.
Immediately to the west of the subject property is R-3 zoning with single family residential
development on approximately 1/8 acre lots. Less than 800 feet along Burns Road to the east of
the subject property are two multifamily developments on property zoned R-4.
5. The effect on the property owner or owners if the request is not granted:
If the rezone is not granted the proposed Preliminary Plat Application, PP2024-007, for the Grove
at Broadmoor will most likely be withdrawn.
6. The Comprehensive Plan land use designation for the property:
The City of Pasco Comprehensive Plan designates th as medium
Density Residential. The Medium Density Residential Land Use designation allows for a variety of
residential housing at a density of 6 to 20 dwelling units per acre, and may be assigned R-2
through R-4 or RP zoning, per PMC 24.215.015.
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.
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. The Application for Rezone, Z2024-005, and SEPA Environmental Checklist, SEPA2024-
037, and Preliminary Plat Application, PP2024-007, was submitted on June 13, 2024, and
Determined to be Complete on July 11, 2024.
2. Applicant proposes to rezone Parcels 115-210-052 and 115-210-057 from R-T Residential
Transition to R-4 High Density Residential. The subject properties were assigned R-T
Residential Transition zoning in 1998 via Ordinance 3506.
3. The subject properties comprise approximately 11.96 acres, and are undeveloped.
4. -2038 Comprehensive Plan Land Use Map designates the subject
properties as Medium Density Residential. PMC 25.215.015 specifies a density of 6 to 20
du/ac is allowed in Medium Density Residential.
5. A Notice of Application with Optional SEPA Determination of Non-Significance was issued
on November 10, 2024. The NOA/ODNS was posted on the City of Pasco website, the
SEPA Register website, and on the subject properties. The NOA/ODNS was also mailed to
property owners of property within 300 feet of the subject properties.
6. Public Comment was received from Basin Disposal, BPA, FPUD, Colville Tribes, and
Ecology.
7. A SEPA MDNS was issued for SEPA2024-037 on November 26, 2024.
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8. Public Notice of this hearing was sent to property owners within 300 feet of the property
and to parties of record on November 25, 2024,and published in the Tri-City Herald
newspaper on November 27, 2024.
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 subject properties as Medium
Density Residential. A change in zoning would be consistent with the comprehensive plan Land
Use Map designation for the site and could further the goals and policies of the Comprehensive
Plan such as:
Land Use Policy LU-4-F: Support mixed use, smart growth, infill, and compact
developments with transit and pedestrian amenities that promote a healthy
community.
The proposal could allow for more lenient development requirements which may be suitable
for residential development.
Housing Policy H-1-A: Allow for a range of housing including single family homes,
townhouses, condominiums, apartments, and manufactured housing, accessory
dwelling units, zero lot line, planned unit developments etc.
The current zoning allows for single family dwellings and new factory-assembled homes at a
density one dwelling per five acres. The proposed rezone would allow for increased density
and a variety of housing types: attached and detached single-family dwellings, duplexes,
triplexes, multifamily attached (including apartments, stacked flats, condos) and detached
(including cottage housing), and new factory assembled homes.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
This 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. The proposal includes infill
development and promotes the goals of the Medium Density Residential Land Use Map
Designation.
4. Conditions should be imposed in order to mitigate any significant adverse impacts from
the proposal.
The rezone application and future site development are subject to the regulations and
requirements of the Pasco Municipal Code and the City of Pasco Design and Construction
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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.
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.
No Concomitant Agreement is considered necessary for this application.
RECOMMENDATION
Staff recommends based on the Findings of Fact and Conclusions herein, that Parcels 115-210-
052 and 115-210-057, be rezoned from R-T Residential Transition to R-4 High Density Residential.
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Page 144 of 434
1
Jennifer Ballard
From:Casey Roberts <CRoberts@franklinpud.com>
Sent:Monday, November 11, 2024 8:51 AM
To:Jennifer Ballard
Subject:RE: Request for Comments: Notice of Application w/ Optional SEPA DNS Z2024-008/SEPA2024-061,
City of Pasco
Follow Up Flag:Follow up
Flag Status:Flagged
[NOTICE:This message originated outside of City of Pasco DO NOT CLICK on links or open attachments unless you are
sure the content is safe.]
Hello Jennifer,
While this area is not in Franklin PUDs service area, we do have an overhead feeder line along the south side of Burns
Rd. If that line is required to go underground as part of this development then we will need a 15u lity easement
instead of a 10on the south side of Burns Rd.
Casey Roberts
Field Engineer II
(O)509 546 5952
(C)509 412 4034
From:Jennifer Ballard <ballardj@pasco wa.gov>
Sent:Friday, November 8, 2024 10:35 PM
To:CED Planning <planning@pasco wa.gov>
Subject:Request for Comments: Notice of Application w/ Optional SEPA DNS Z2024 008/SEPA2024 061, City of Pasco
Hello,
The City of Pasco received applica on for a Preliminary Plat and Rezone and accompanying SEPA Environmental
Checklist for The Grove at Broadmoor project and is seeking comment on the proposal un l November 25, 2024. This
proposal will go before the Citys Hearing Examiner, but the hearing is not scheduled at this me. Applica on
documents are a ached.
Proposal:The Walsh Group, on behalf Broadmoor Proper es LLC, submi ed a SEPA checklist, SEPA2024 037;
Rezone Applica on, Z2024 005, to rezone approximately 11.96 acres of land fron ng Burns Road from zoning
district R T Residen al Transi on to R 4 High Density Residen al; and Preliminary Subdivision Applica on,
PP2024 007, to create 94 single family residen al building lots and related infrastructure.
You don't often get email from croberts@franklinpud.com. Learn why this is important
External:This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe. When in doubt, report it as phishing for further analysis.
Page 145 of 434
2
Loca on:Thesubjectproper esaregenerallylocatedsouthofBurnsRoadandeastoffutureRoad108asParcel
115210057 and Parcel 115210052, Lots 31 and 7 respec vely in Record of Survey, Auditors File Number
1986333, in Pasco, WA 99301.
Cri cal Areas:The site may contain shrub steppe habitat or ferruginous hawk habitat.
Thank you,
Jennifer B. Ballard, CFM, AICP
SENIOR PLANNER
O: 509-544-4140 M: 509-545-3441
ballardj@pasco-wa.gov | www.pasco-wa.gov
City Hall, 525 N. 3rd Avenue, Pasco, WA 99301
This e-mail and any response to this e-mail may be a public record under Washington State Law and subject to inspection and copying
by the public upon request. Accordingly, there can be no expectation of privacy.
If you think you have received this email in error, please notify the sender immediately by email and delete this email
and any attachments from your system. Additionally, any correspondence exchanged with Franklin PUD, including
emails, are public records. Public records may be produced for third party requesters under the Public Records Act.
Page 146 of 434
1
Jennifer Ballard
From:Castle,Angela C (CONTR) - TERR-PASCO <ACCastle@bpa.gov>
Sent:Thursday, November 14, 2024 12:30 PM
To:Jennifer Ballard
Cc:Kinch,James L (BPA) - TERR-BELL-1
Subject:RE: Request for Comments: Notice of Application w/ Optional SEPA DNS Z2024-008/SEPA2024-061,
City of Pasco
[NOTICE:This message originated outside of City of Pasco DO NOT CLICK on links or open attachments unless you are
sure the content is safe.]
Jennifer,
Bonneville Power Administra ons (BPA) has had the opportunity to review an applica on for the Preliminary Plat
Applica on located at Burns Road Lots 7 & 31.
In researching our records, we have found that this proposal will not directly impact BPA facili es over one mile east of
the subject proper es. BPA does not have any objec ons to the approval of this request at this me.
If you have any ques ons or need addi onal informa on, please feel free to contact Luke Kinch at (509) 468 3095, by
email at JLKinch@bpa.gov.
Thank you for the opportunity to review this applica on.
Thank You
(Contractor) Actalent
Realty Technician II
BPA, TERR
ACCastle@BPA.gov
O: 509 544 4747 C: 564 236 5124
2211 N Commercial Ave
Pasco WA 99301
From:Jennifer Ballard <ballardj@pasco wa.gov>
Sent:Friday, November 8, 2024 10:35 PM
To:CED Planning <planning@pasco wa.gov>
Subject:Request for Comments: Notice of Application w/ Optional SEPA DNS Z2024 008/SEPA2024 061, City of Pasco
Hello,
The City of Pasco received applica on for a Preliminary Plat and Rezone and accompanying SEPA Environmental
Checklist for The Grove at Broadmoor project and is seeking comment on the proposal un l November 25, 2024. This
proposal will go before the Citys Hearing Examiner, but the hearing is not scheduled at this me. Applica on
documents are a ached.
Proposal:The Walsh Group, on behalf Broadmoor Proper es LLC, submi ed a SEPA checklist, SEPA2024 037;
Rezone Applica on, Z2024 005, to rezone approximately 11.96 acres of land fron ng Burns Road from zoning
Page 147 of 434
2
district R T Residen al Transi on to R 4 High Density Residen al; and Preliminary Subdivision Applica on,
PP2024 007, to create 94 single family residen al building lots and related infrastructure.
Loca on:Thesubjectproper esaregenerallylocatedsouthofBurnsRoadandeastoffutureRoad108asParcel
115210057 and Parcel 115210052, Lots 31 and 7 respec vely in Record of Survey, Auditors File Number
1986333, in Pasco, WA 99301.
Cri cal Areas:The site may contain shrub steppe habitat or ferruginous hawk habitat.
Thank you,
Jennifer B. Ballard, CFM, AICP
SENIOR PLANNER
O: 509-544-4140 M: 509-545-3441
ballardj@pasco-wa.gov |www.pasco-wa.gov
City Hall, 525 N. 3rd Avenue, Pasco, WA 99301
This e-mail and any response to this e-mail may be a public record under Washington State Law and subject to inspection and copying
by the public upon request. Accordingly, there can be no expectation of privacy.
Page 148 of 434
1
Jennifer Ballard
From:Arrow Coyote <arrow.coyote@colvilletribes.com>
Sent:Monday, November 18, 2024 3:36 PM
To:Jennifer Ballard
Cc:DAHP SEPA (DAHP); Guy Moura; Robert Sloma (HSY)
Subject:Re: Request for Comments: Notice of Application w/ Optional SEPA DNS Z2024-008/SEPA2024-061,
City of Pasco
[NOTICE:This message originated outside of City of Pasco DO NOT CLICK on links or open attachments unless you are
sure the content is safe.]
RE:SEPA2024 061 Grove at Broadmoor project
Location:south of Burns Road and east of future Road 108 (Parcels 115210057 and 115210052) Pasco, WA.;
9N/R29E/Sec. 7
Please be advised your proposed undertaking lies within the traditional territory of the Palus Tribe. The Palus Tribe is a
constituent member of and represented by the Confederated Tribes of the Colville Reservation [Colville Confederated
Tribes (CCT)]. The CCT is governed by the Colville Business Council (CBC). The CBC delegated to the Tribal Historic
Preservation Officer (THPO) the responsibility of representing the CCT with regards to cultural resources management
issues throughout these traditional territories of our constituent tribes under Resolution 1996 29. This area includes
most of eastern Washington, parts of northeastern Oregon, south central British Columbia, and parts of north central
Idaho. In 1996, the CCT also entered into an agreement with the National Park Service to assume state historic
preservation officer responsibilities as outlined in Section 101 (d) (2) of the National Historic Preservation Act. The
assumption agreement explicitly tasks the Tribal Historic Preservation Officer (THPO), to advise and assist Federal and
State agencies and local governments in carrying out their historic preservation responsibilities and for the CCT to carry
out their responsibilities for review of federal undertakings regarding cultural resources matters.
The project entails a Rezone Application, Z2024 005, to rezone approximately 11.96 acres of land fronting Burns Road
from zoning district R T Residential Transition to R 4 High Density Residential; and Preliminary Subdivision Application,
PP2024 007, to create 94 single family residential building lots and related infrastructure.
There is insufficient data to assess impacts of this project on cultural resources. Therefore, we request a letter from
DAHP with an assessment of the cultural resources within the APE, and/or an archaeological assessment or investigation
be conducted in the project APE and the resulting report be sent for review prior to the commencement of the project.
On Fri, Nov 8, 2024 at 10:35 PM Jennifer Ballard <ballardj@pasco wa.gov> wrote:
Hello,
The City of Pasco received application for a Preliminary Plat and Rezone and accompanying SEPA Environmental
Checklist for The Grove at Broadmoor project and is seeking comment on the proposal until November 25, 2024. This
proposal will go before the Citys Hearing Examiner, but the hearing is not scheduled at this time. Application
documents are attached.
Proposal:The Walsh Group, on behalf Broadmoor Properties LLC, submitted a SEPA checklist, SEPA2024 037;
Rezone Application, Z2024 005, to rezone approximately 11.96 acres of land fronting Burns Road from zoning
district R T Residential Transition to R 4 High Density Residential; and Preliminary Subdivision Application,
PP2024 007, to create 94 single family residential building lots and related infrastructure.
Page 149 of 434
2
Location:The subject properties are generally located south of Burns Road and east of future Road 108 as
Parcel 115210057 and Parcel 115210052, Lots 31 and 7 respectively in Record of Survey, Auditors File Number
1986333, in Pasco, WA 99301.
Critical Areas:The site may contain shrub steppe habitat or ferruginous hawk habitat.
Thank you,
Jennifer B. Ballard, CFM, AICP
SENIOR PLANNER
O: 509-544-4140 M: 509-545-3441
ballardj@pasco-wa.gov | www.pasco-wa.gov
City Hall, 525 N. 3rd Avenue, Pasco, WA 99301
This e-mail and any response to this e-mail may be a public record under Washington State Law and subject to inspection and copying
by the public upon request. Accordingly, there can be no expectation of privacy.
Arrow Coyote, Archaeologist
History/Archaeology Program
Confederated Tribes of the Colville Reservation
21 Colville Street
Nespelem, WA. 99155
509 634 2736 office
509 634 1280 cell
arrow.coyote@colvilletribes.com
Page 150 of 434
3
The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the correct file and location.
Page 151 of 434
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
Eastern Region Office
4601 North Monroe St., Spokane, WA 99205--329-3400
November 21, 2024
Jennifer Ballard
Planner
City of Pasco
P.O. Box 293
525 N. 3rd Ave
Pasco, WA 99301
Re: The Grove at Broadmoor Plat and Rezone
File: PP2024-007, Z2024-005, SEPA2024-037
Dear Jennifer Ballard:
Thank you for the opportunity to comment on the Notice of Application and anticipated
Determination of Nonsignificance regarding The Grove at Broadmoor Plat and Rezone Project
(Proponent: Walsh Group). After reviewing the documents, the Department of Ecology
(Ecology) submits the following comments:
Water Quality Program
If the applicant can retain all construction-related stormwater onsite, Ecology may not
require a Construction Stormwater General Permit for the Grove at Broadmoor Plat and
Rezone project.
For more information or technical assistance, please contact Suman Paudel at (509) 601-
2124 or via email at Suman.Paudel@ecy.wa.gov.
Water Resources Program
he water purveyor bears responsibility for ensuring that the proposed use(s) are within
the limitations of its water rights.
right (source, purpose, the place of use, or period of use), then it is subject to approval
from the Department of Ecology pursuant to Sections 90.03.380 RCW and 90.44.100
RCW.
For more information, please contact Herm Spangle at (509) 209-3421 or via email at
Herm.Spangle@ecy.wa.gov.
Page 152 of 434
Jennifer Ballard
November 21, 2024
Page 2
State Environmental Policy Act (SEPA)
Ecology bases comments upon information submitted for review. As such, comments
made do not constitute an exhaustive list of the various authorizations you may need to
obtain, nor legal requirements you may need to fulfill in order to carry out the proposed
action. Applicants should remain in touch with their Local Responsible Officials or
Planners for additional guidance.
For information on the SEPA Process, please contact Cindy Anderson at (509) 655-1541
or via email at Cindy.Anderson@ecy.wa.gov.
To receive more guidance on or to respond to the comments made by Ecology, please contact
the appropriate staff listed above at the phone number or email provided.
Department of Ecology
Eastern Regional Office
(Ecology File: 202404970)
Page 153 of 434
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AGENDA REPORT
FOR: City Council January 14, 2025
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 1/21/25
FROM: Craig Raymond, Deputy Director
Community & Economic Development
SUBJECT: *Q Ordinance No. 4755 - Marroquin Heaton Duarte Rezone from R-S-12
to R-1 (Z 2024-006) (5 minutes)
I. ATTACHMENT(S):
Ordinance
Exhibit A - Hearing Examiner Recommendation, Dated December 27, 2024
Exhibit B - Map
Staff Report and information packet to Hearing Examiner for Hearing on
December 11, 2024
Additional Public Comment Received After HE information packet published
Power Point Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION:zoning the amending 4755, No. adopt to move I Ordinance
classification of certain real property located on the west side of Road 64 south
of Marie Street, in Pasco, Franklin County, Washington, from R-S-12 Suburban
to R-1 Low-Density Residential and, further, authorize publication by summary
only.
III. FISCAL IMPACT:
None.
IV. HISTORY AND FACTS BRIEF:
On December 11, 2024, the Hearing Examiner held a public hearing to
consider a request to rezone 910 Road 64 (Parcel No. 119-670-022, Short Plat
2020-13 Lot 4), 1002 Road 64 (Parcel No. 119-670-021, Short Plat 2020-13
Lot 3) and Parcel No. 119-663-053 in Pasco, Franklin County, Washington
from zoning district from R-S-12, Suburban, to R-1, Low-Density Residential.
Following the conclusion of the public hearing, the Hearing Examiner
Page 165 of 434
recommended approval of the Applicant's request for a rezone.
No appeals of this recommendation have been received.
V. DISCUSSION:
Applicant Albert Marroquin, on behalf of himself and additional property owners
Elizabeth Duarte and William Heaton, requests to rezone Parcels Nos.119-
670-022, 119-670-021, and 119-663-053, located on the west side of Road 64
south of W Court Street in Pasco, WA 99301 from R-S-12 Suburban to R-1
Low Density Residential. The subject properties comprise approximately 2.25
acres.
The underlying Comprehensive Plan Land Use designation is Low Density
Residential, which specifies 3 to 6 dwelling units per acre (du/ac) per the Pasco
Municipal Code (PMC) Section 25.215.015.
1.The date the existing zone became effective:
The subject properties were assigned R-S-12 zoning in 2002 via Ordinance
No. 3533.
2.The changed conditions, which are alleged to warrant other or
additional zoning:
In 2002, the subject properties were annexed into the City and given the Low-
Density Residential designation, and has remained so since. On January 24,
2022, City Council approved Ordinance No. 4575, amending the Zoning code,
including PMC Chapter 25.45 relating to the R-1 zoning district. The approved
ordinance changed the purpose of the R-1 zone found in PMC Section
25.45.010
The R-1 low density residential district is established to provide a low to
medium density residential environment compliant with the Comprehensive
Plan land use density table in PMC Section 25.215.015. Certain public facilities
and institutions may also be permitted, provided their nature and location are
not detrimental to the intended low to medium density residential environment.
PMC Section 25.45.020 added zero-lot line dwellings, multiple dwellings,
duplexes, triplexes, and courtyard apartments to the mix of allowed uses in the
R-1 zoning district. The density requirement in PMC Section 25.45.050 was
also amended to eliminate the one-unit-per-lot development restriction.
3.Facts to justify the change on the basis of advancing the public health,
safety and general welfare:
The Low Density Residential Land Use designation allows for R-S-20, R-S-12,
R-S-1, R-1, R-1-A, and R-1-A2 zoning; development with a higher density of
dwelling units per acre will help reduce urban sprawl and increase housing
Page 166 of 434
availability. The rezone application and proposal are consistent with the
Council-approved amendments to the Pasco Comprehensive Plan, which has
been determined to be in the best interest of advancing public health, safety
and general welfare of the community.
4.The effect it will have on the value and character of the adjacent
property and the Comprehensive Plan:
A change in zoning would be consistent with the comprehensive plan Land Use
Map Low Density Residential designation for the site. Per Applicant, the
proposed land usage matches that of the adjacent properties and have a
positive impact of neighboring properties.
5.The effect on the property owner or owners if the request is not
granted:
Per Applicant, if the rezone is not granted, the property may not be subdivided.
6.The Comprehensive Plan land use designation for the property:
The City of Pasco Comprehensive Plan designates the subject property’s Land
Use as Low Density Residential. The Low Density Residential designation
provides a variety of residential housing at a density of 3 to 6 dwelling units per
acre, and may be assigned R-S-20, R-S-12, R-S-1, R-1, R-1-A, and R-1-A2
zoning.
Per PMC Section 25.215.015 maximum gross density of any proposed
development within any zoning district, expressed as dwelling units per acre,
shall be no less than the corresponding minimum density expressed in the
Comprehensive the than greater no and density use land Plan table,
corresponding maximum density expressed in the Comprehensive Plan land
use density table, except as provided in PMC Chapter 25.161.
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.
Full descriptions and details can be found in the attached "Exhibit A".
Recommendation--Hearing Examiner:
As noted in the attached "Exhibit A," the Hearing Examiner has found that the
proposed rezone meets the criteria found in PMC Section 25.210.060, and
recommended, based on the Recommended Findings of Fact and Conclusions
of Law, that the City Council approve the rezone of Parcels Nos. 119-670-022,
119-670-021, a without R-1, to and from Rezone 119-663-053 R-S-12
concomitant agreement.
Page 167 of 434
Ordinance Rezone Z 2024-006 – Marroquin Heaton Duarte - 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 ON THE WEST SIDE OF ROAD 64 SOUTH OF
MARIE STREET, IN PASCO, FRANKLIN COUNTY, WASHINGTON, FROM
RS-12 RESIDENTIAL SUBURBAN TO R-1 LOW-DENSITY RESIDENTIAL.
WHEREAS, Albert Marroquin, the petitioner seeks to rezone Parcel Nos. 119-670-022,
119-670-021, and 119-663-053 located on Road 64, Pasco, 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 December 11, 2024; 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 t he 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 proposal is consistent with and
satisfies all criteria 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 168 of 434
Ordinance Rezone Z 2024-006 – Marroquin Heaton Duarte - 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
zoning district from RS-12 Residential Suburban to R-1 Low-Density Residential, for the real
property as shown in the Exhibit B attached hereto and described as follows:
Parcel 119-670-022: SHORT PLAT 2020-13 LOT 4
Parcel 119-670-021: SHORT PLAT 2020-13 LOT 3
Parcel 119-663-053: E 275’ OF S2 SE4 NW4 NW4 27-9-29 & N 120’ OF E 275’ OF
GOVT LOT 1, LESS PTN TO USA, EXC N 144’ OF S 164’ OF E 150’ & EXC N 164’
OF E 275’ OF S2SE4NW4NW4
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, on this ___ day of _____,
2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: _____________________________
Page 169 of 434
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8.
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25
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11
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in
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13
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2
.
3
.
PM
C
25
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5
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5
.
0
5
0
wa
s
al
s
o
am
e
n
d
e
d
to
el
i
m
i
n
a
t
e
th
e
on
e
—
u
n
i
t
—
p
e
r
—
l
o
t
de
v
e
l
o
p
m
e
n
t
re
s
t
r
i
c
t
i
o
n
.
13
.
3
.
Fa
c
t
s
to
ju
s
t
i
f
y
th
e
ch
a
n
g
e
on
th
e
ba
s
i
s
of
ad
v
a
n
c
i
n
g
th
e
pu
b
l
i
c
he
a
l
t
h
,
sa
f
e
t
y
an
d
ge
n
e
r
a
l
we
l
f
a
r
e
:
13
.
3
.
1
.
Th
e
Lo
w
De
n
s
i
t
y
Re
s
i
d
e
n
t
i
a
l
La
n
d
Us
e
de
s
i
g
n
a
t
i
o
n
al
l
o
w
s
fo
r
RS
-
2
0
,
RS
—
1
2
,
RS
-
l
,
R—
l
,
13
.
3
.
2
.
Th
e
re
z
o
n
e
ap
p
l
i
c
a
t
i
o
n
an
d
pr
o
p
o
s
a
l
ar
e
co
n
s
i
s
t
e
n
t
wi
t
h
th
e
Co
u
n
c
i
l
-
a
p
p
r
o
v
e
d
am
e
n
d
m
e
n
t
s
to
th
e
Pa
s
c
o
Co
m
p
r
e
h
e
n
s
i
v
e
Pl
a
n
,
wh
i
c
h
ha
s
be
e
n
de
t
e
r
m
i
n
e
d
to
be
in
th
e
be
s
t
in
t
e
r
e
s
t
of
ad
v
a
n
c
i
n
g
pu
b
l
i
c
he
a
l
t
h
,
sa
f
e
t
y
an
d
ge
n
e
r
a
l
we
l
f
a
r
e
of
th
e
co
m
m
u
n
i
t
y
.
13
.
4
.
Th
e
ef
f
e
c
t
it
wi
l
l
ha
v
e
on
th
e
va
l
u
e
an
d
ch
a
r
a
c
t
e
r
of
th
e
ad
j
a
c
e
n
t
pr
o
p
e
r
t
y
an
d
th
e
Co
m
p
r
e
h
e
n
s
i
v
e
Pl
a
n
:
Z
20
2
4
-
0
0
6
Ri
v
e
r
h
a
v
e
n
Re
z
o
n
e
Pa
g
e
2
of
5
Page 171 of 434
13
.
4
.
1
.
A
ch
a
n
g
e
in
zo
n
i
n
g
wo
u
l
d
be
co
n
s
i
s
t
e
n
t
wi
t
h
th
e
co
m
p
r
e
h
e
n
s
i
v
e
pl
a
n
La
n
d
Us
e
Ma
p
Lo
w
De
n
s
i
t
y
Re
s
i
d
e
n
t
i
a
l
de
s
i
g
n
a
t
i
o
n
fo
r
th
e
si
t
e
.
Pe
r
Ap
p
l
i
c
a
n
t
,
th
e
pr
o
p
o
s
e
d
la
n
d
us
a
g
e
ma
t
c
h
e
s
th
a
t
of
th
e
ad
j
a
c
e
n
t
pr
o
p
e
r
t
i
e
s
an
d
ha
v
e
a
po
s
i
t
i
v
e
im
p
a
c
t
of
ne
i
g
h
b
o
r
i
n
g
pr
o
p
e
r
t
i
e
s
.
13
.
5
.
Th
e
ef
f
e
c
t
on
th
e
pr
o
p
e
r
t
y
ow
n
e
r
or
ow
n
e
r
s
if
th
e
re
q
u
e
s
t
is
no
t
gr
a
n
t
e
d
:
13
.
5
.
1
.
Pe
r
Ap
p
l
i
c
a
n
t
,
if
th
e
re
z
o
n
e
is
no
t
gr
a
n
t
e
d
,
th
e
pr
o
p
e
r
t
y
ma
y
no
t
be
su
b
d
i
v
i
d
e
d
.
13
.
6
.
Th
e
Co
m
p
r
e
h
e
n
s
i
v
e
Pl
a
n
la
n
d
us
e
de
s
i
g
n
a
t
i
o
n
fo
r
th
e
pr
o
p
e
r
t
y
:
13
.
6
.
1
.
Th
e
Ci
t
y
of
Pa
s
c
o
Co
m
p
r
e
h
e
n
s
i
v
e
Pl
a
n
de
s
i
g
n
a
t
e
s
th
e
su
b
j
e
c
t
pr
o
p
e
r
t
y
’
s
La
n
d
Us
e
as
Lo
w
De
n
s
i
t
y
Re
s
i
d
e
n
t
i
a
l
.
Th
e
Lo
w
De
n
s
i
t
y
Re
s
i
d
e
n
t
i
a
l
de
s
i
g
n
a
t
i
o
n
pr
o
v
i
d
e
s
a
va
r
i
e
t
y
of
re
s
i
d
e
n
t
i
a
l
ho
u
s
i
n
g
at
a
de
n
s
i
t
y
of
3
to
6
dw
e
l
l
i
n
g
un
i
t
s
pe
r
ac
r
e
,
an
d
ma
y
be
as
s
i
g
n
e
d
RS
—
2
0
,
RS
-
1
2
,
RS
-
l
,
R—
l
,
R—
l
-
A
,
an
d
R—
l
-
A
2
zo
n
i
n
g
.
13
.
6
.
2
.
Pe
r
PM
C
25
.
2
1
5
.
0
1
5
ma
x
i
m
u
m
gr
o
s
s
de
n
s
i
t
y
of
an
y
pr
o
p
o
s
e
d
de
v
e
l
o
p
m
e
n
t
wi
t
h
i
n
an
y
zo
n
i
n
g
di
s
t
r
i
c
t
,
ex
p
r
e
s
s
e
d
as
dw
e
l
l
i
n
g
un
i
t
s
pe
r
ac
r
e
,
sh
a
l
l
be
no
le
s
s
th
a
n
th
e
co
r
r
e
s
p
o
n
d
i
n
g
mi
n
i
m
u
m
de
n
s
i
t
y
ex
p
r
e
s
s
e
d
in
th
e
Co
m
p
r
e
h
e
n
s
i
v
e
Pl
a
n
la
n
d
us
e
de
n
s
i
t
y
ta
b
l
e
,
an
d
no
gr
e
a
t
e
r
th
a
n
th
e
co
r
r
e
s
p
o
n
d
i
n
g
ma
x
i
m
u
m
de
n
s
i
t
y
ex
p
r
e
s
s
e
d
in
th
e
Co
m
p
r
e
h
e
n
s
i
v
e
Pl
a
n
la
n
d
us
e
de
n
s
i
t
y
ta
b
l
e
,
ex
c
e
p
t
as
pr
o
v
i
d
e
d
in
Ch
a
p
t
e
r
25
.
1
6
1
PM
C
.
13
.
7
.
Su
c
h
ot
h
e
r
in
f
o
r
m
a
t
i
o
n
as
th
e
He
a
r
i
n
g
Ex
a
m
i
n
e
r
re
q
u
i
r
e
s
:
13
.
7
.
1
.
Th
e
re
z
o
n
e
ap
p
l
i
c
a
t
i
o
n
is
co
n
s
i
s
t
e
n
t
wi
t
h
an
d
me
e
t
s
th
e
in
t
e
n
t
of
th
e
Co
m
p
r
e
h
e
n
s
i
v
e
Pl
a
n
,
an
d
Ci
t
y
Co
u
n
c
i
l
Go
a
l
s
.
14
.
Th
e
Ap
p
l
i
c
a
t
i
o
n
fo
r
Re
z
o
n
e
,
Z2
0
2
4
-
0
0
6
,
an
d
SE
P
A
En
v
i
r
o
n
m
e
n
t
a
l
Ch
e
c
k
l
i
s
t
,
SE
P
A
2
0
2
4
-
0
5
3
,
wa
s
su
b
m
i
t
t
e
d
on
Oc
t
o
b
e
r
8,
20
2
4
,
an
d
a
De
t
e
r
m
i
n
a
t
i
o
n
of
Co
m
p
l
e
t
e
Ap
p
l
i
c
a
t
i
o
n
is
s
u
e
d
on
No
v
e
m
b
e
r
5,
20
2
4
.
15
.
Ap
p
l
i
c
a
n
t
pr
o
p
o
s
e
s
to
re
z
o
n
e
Pa
r
c
e
l
s
11
9
-
6
7
0
-
0
2
2
,
11
9
—
6
7
0
—
0
2
1
,
an
d
11
9
—
6
6
3
-
0
5
3
fr
o
m
RS
—
1
2
Re
s
i
d
e
n
t
i
a
l
Su
b
u
r
b
a
n
to
R—
l
Lo
w
De
n
s
i
t
y
Re
s
i
d
e
n
t
i
a
l
.
Th
e
su
b
j
e
c
t
pr
o
p
e
r
t
i
e
s
we
r
e
as
s
i
g
n
e
d
RS
—
1
2
zo
n
i
n
g
in
20
0
2
vi
a
Or
d
i
n
a
n
c
e
35
3
3
.
16
.
Th
e
su
b
j
e
c
t
pr
o
p
e
r
t
i
e
s
co
m
p
r
i
s
e
ap
p
r
o
x
i
m
a
t
e
l
y
2.
2
5
ac
r
e
s
,
an
d
ar
e
la
r
g
e
l
y
un
d
e
v
e
l
o
p
e
d
,
wi
t
h
pa
r
c
e
l
11
9
—
6
6
3
—
0
5
3
co
n
t
a
i
n
i
n
g
tw
o
ac
c
e
s
s
o
r
y
st
r
u
c
t
u
r
e
s
.
17
.
Th
e
Ci
t
y
’
s
20
1
8
—
2
0
3
8
Co
m
p
r
e
h
e
n
s
i
v
e
Pl
a
n
La
n
d
Us
e
Ma
p
de
s
i
g
n
a
t
e
s
th
e
su
b
j
e
c
t
pr
o
p
e
r
t
i
e
s
as
Lo
w
De
n
s
i
t
y
Re
s
i
d
e
n
t
i
a
l
.
PM
C
25
.
2
1
5
.0
1
5
sp
e
c
i
?
e
s
3
to
6
du
/
a
c
in
Lo
w
De
n
s
i
t
y
Re
s
i
d
e
n
t
i
a
l
.
Pr
o
p
e
r
t
y
wi
t
h
Lo
w
De
n
s
i
t
y
Re
s
i
d
e
n
t
i
a
l
de
s
i
g
n
a
t
i
o
n
ma
y
be
de
v
e
l
o
p
e
d
wi
t
h
a
va
r
i
e
t
y
of
re
s
i
d
e
n
t
i
a
l
ho
u
s
i
n
g
in
c
l
u
d
i
n
g
si
n
g
l
e
fa
m
i
l
y
dw
e
l
l
i
n
g
s
,
ze
r
o
lo
t
li
n
e
dw
e
l
l
i
n
g
s
,
mu
l
t
i
p
l
e
dw
e
l
l
i
n
g
s
,
du
p
l
e
x
e
s
,
tr
i
p
l
e
x
e
s
,
an
d
co
u
r
t
y
a
r
d
ap
a
r
t
m
e
n
t
s
.
18
.
A
No
t
i
c
e
of
Ap
p
l
i
c
a
t
i
o
n
wi
t
h
Op
t
i
o
n
a
l
SE
P
A
De
t
e
r
m
i
n
a
t
i
o
n
of
No
n
-
S
i
g
n
i
?
c
a
n
c
e
wa
s
is
s
u
e
on
No
v
e
m
b
e
r
10
,
20
2
4
.
Th
e
NO
A
/
O
D
N
S
wa
s
po
s
t
e
d
on
th
e
Ci
t
y
of
Pa
s
c
o
we
b
s
i
t
e
,
th
e
SE
P
A
Re
g
i
s
t
e
r
we
b
s
i
t
e
,
an
d
on
th
e
su
b
j
e
c
t
pr
o
p
e
r
t
i
e
s
.
Th
e
NO
A
/
O
D
N
S
wa
s
al
s
o
ma
i
l
e
d
to
pr
o
p
e
r
t
y
ow
n
e
r
s
of
pr
o
p
e
r
t
y
wi
t
h
i
n
30
0
fe
e
t
of
th
e
su
b
j
e
c
t
pr
o
p
e
r
t
i
e
s
.
19
.
Pu
b
l
i
c
Co
m
m
e
n
t
wa
s
re
c
e
i
v
e
d
fr
o
m
Ba
s
i
n
Di
s
p
o
s
a
l
,
Bo
n
n
e
v
i
l
l
e
Po
w
e
r
Ad
m
i
n
i
s
t
r
a
t
i
o
n
,
Co
l
v
i
l
l
e
Tr
i
b
e
s
,
Ec
o
l
o
g
y
,
an
d
Pa
s
c
o
re
s
i
d
e
n
t
s
/
p
r
o
p
e
r
t
y
ow
n
e
r
s
D.
Ne
l
s
o
n
,
C.
Go
m
e
z
,
D.
Wi
d
t
h
,
L.
Ha
r
r
i
s
o
n
,
P.
Ma
r
t
i
n
,
J.
Av
e
r
y
,
F.
Va
r
g
a
s
,
an
d
th
e
Ki
n
z
i
g
s
.
20
.
Pu
b
l
i
c
no
t
i
c
e
of
th
i
s
he
a
r
i
n
g
wa
s
se
n
t
to
pr
o
p
e
r
t
y
ow
n
e
r
s
wi
t
h
i
n
30
0
fe
e
t
of
th
e
pr
o
p
e
r
t
y
,
to
pa
r
t
i
e
s
of
re
c
o
r
d
,
an
d
pu
b
l
i
s
h
e
d
in
th
e
Tr
i
-
C
i
t
y
He
r
a
l
d
ne
w
s
p
a
p
e
r
.
21
.
Be
f
o
r
e
re
c
o
m
m
e
n
d
i
n
g
ap
p
r
o
v
a
l
or
de
n
i
a
l
of
a
re
z
o
n
e
,
th
e
He
a
r
i
n
g
Ex
a
m
i
n
e
r
mu
s
t
de
v
e
l
o
p
?n
d
i
n
g
s
of
fa
c
t
fr
o
m
wh
i
c
h
to
dr
a
w
it
s
co
n
c
l
u
s
i
o
n
s
ba
s
e
d
up
o
n
th
e
cr
i
t
e
r
i
a
li
s
t
e
d
in
PM
C
25
.
2
1
0
.
0
6
0
.
Th
e
cr
i
t
e
r
i
a
21
.
1
.
1
.
Th
e
La
n
d
Us
e
El
e
m
e
n
t
of
th
e
Co
m
p
r
e
h
e
n
s
i
v
e
Pl
a
n
de
s
i
g
n
a
t
e
s
th
e
su
b
j
e
c
t
pr
o
p
e
r
t
i
e
s
as
Lo
w
De
n
s
i
t
y
Re
s
i
d
e
n
t
i
a
l
.
A
ch
a
n
g
e
in
zo
n
i
n
g
wo
u
l
d
be
co
n
s
i
s
t
e
n
t
wi
t
h
th
e
co
m
p
r
e
h
e
n
s
i
v
e
pl
a
n
La
n
d
Us
e
Ma
p
de
s
i
g
n
a
t
i
o
n
fo
r
th
e
si
t
e
an
d
co
u
l
d
fu
r
t
h
e
r
th
e
go
a
l
s
an
d
po
l
i
c
i
e
s
of
th
e
Co
m
p
r
e
h
e
n
s
i
v
e
Pl
a
n
su
c
h
as
:
Z
20
2
4
-
0
0
6
Ri
v
e
r
h
a
v
e
n
Re
z
o
n
e
Pa
g
e
3
of
5
Page 172 of 434
22
.
23
.
24
.
25
.
26
.
28
.
21
.
1
.
1
.
1
.
La
n
d
Us
e
Po
l
i
c
y
LU
-
4
—
F
:
Su
p
p
o
r
t
mi
x
e
d
us
e
,
sm
a
r
t
gr
o
w
t
h
,
in
?
l
l
,
an
d
co
m
p
a
c
t
de
v
e
l
o
p
m
e
n
t
s
wi
t
h
tr
a
n
s
i
t
an
d
pe
d
e
s
t
r
i
a
n
am
e
n
i
t
i
e
s
th
a
t
pr
o
m
o
t
e
a
he
a
l
t
h
y
co
m
m
u
n
i
t
y
.
21
.
1
.
2
.
Th
e
pr
o
p
o
s
a
l
co
u
l
d
al
l
o
w
fo
r
mo
r
e
le
n
i
e
n
t
de
v
e
l
o
p
m
e
n
t
re
q
u
i
r
e
m
e
n
t
s
wh
i
c
h
ma
y
be
su
i
t
a
b
l
e
fo
r
in
?
l
l
de
v
e
l
o
p
m
e
n
t
.
21
.
1
.
2
.
1
.
Ho
u
s
i
n
g
Po
l
i
c
y
H—
1
-
A
:
Al
l
o
w
fo
r
a
ra
n
g
e
of
ho
u
s
i
n
g
in
c
l
u
d
i
n
g
si
n
g
l
e
fa
m
i
l
y
ho
m
e
s
,
to
w
n
h
o
u
s
e
s
,
co
n
d
o
m
i
n
i
u
m
s
,
ap
a
r
t
m
e
n
t
s
,
an
d
ma
n
u
f
a
c
t
u
r
e
d
ho
u
s
i
n
g
,
ac
c
e
s
s
o
r
y
dw
e
l
l
i
n
g
un
i
t
s
,
ze
r
o
lo
t
li
n
e
,
pl
a
n
n
e
d
un
i
t
de
v
e
l
o
p
m
e
n
t
s
et
c
.
21
.
1
.
3
.
Th
e
cu
r
r
e
n
t
zo
n
i
n
g
al
l
o
w
s
fo
r
th
e
ma
j
o
r
i
t
y
of
th
e
s
e
ty
p
e
s
of
st
r
u
c
t
u
r
e
s
,
ho
w
e
v
e
r
,
du
e
to
th
e
lo
t
si
z
e
mi
n
i
m
u
m
re
q
u
i
r
e
m
e
n
t
s
fo
r
th
e
ex
i
s
t
i
n
g
zo
n
e
it
co
u
l
d
be
di
f
?
c
u
l
t
to
re
a
l
i
z
e
ma
n
y
of
th
e
pe
r
m
i
t
t
e
d
us
e
s
.
Th
e
pr
o
p
o
s
e
d
re
z
o
n
e
wo
u
l
d
al
l
o
w
fo
r
?e
x
i
b
i
l
i
t
y
in
lo
t
si
z
e
,
fr
o
n
t
a
g
e
,
et
c
.
an
d
fu
r
t
h
e
r
th
i
s
po
l
i
c
y
.
21
.
2
.
Th
e
ef
f
e
c
t
of
th
e
pr
o
p
o
s
a
l
on
th
e
im
m
e
d
i
a
t
e
vi
c
i
n
i
t
y
wi
l
l
no
t
be
ma
t
e
r
i
a
l
l
y
de
t
r
i
m
e
n
t
a
l
.
21
.
2
.
1
.
Th
i
s
ap
p
l
i
c
a
t
i
o
n
fo
r
re
z
o
n
e
is
co
n
s
i
s
t
e
n
t
wi
t
h
th
e
Co
m
p
r
e
h
e
n
s
i
v
e
Pl
a
n
La
n
d
Us
e
El
e
m
e
n
t
an
d
me
e
t
s
th
e
in
t
e
n
t
of
th
e
Go
a
l
s
an
d
Po
l
i
c
i
e
s
fo
r
th
e
pr
o
p
e
r
t
y
.
21
.
3
.
Th
e
r
e
15
me
r
i
t
an
d
va
l
u
e
In
th
e
pr
o
p
o
s
a
l
fo
r
th
e
co
m
m
u
n
i
t
y
as
a
wh
o
l
e
21
..
3
l.
Th
e
pr
o
p
o
s
e
d
zo
n
i
n
g
de
s
i
g
n
a
t
i
o
n
1s
co
n
s
i
s
t
e
n
t
wi
t
h
th
e
Co
m
p
r
e
h
e
n
s
i
v
e
Pl
a
n
La
n
d
Us
e
Ma
p
an
d
th
e
Go
a
l
s
an
d
Po
l
i
c
i
e
s
as
ad
o
p
t
e
d
by
th
e
Pa
s
c
o
Ci
t
y
Co
u
n
c
i
l
.
Th
e
pr
o
p
o
s
a
l
in
c
l
u
d
e
s
in
?
l
l
de
v
e
l
o
p
m
e
n
t
an
d
pr
o
m
o
t
e
s
th
e
go
a
l
s
of
th
e
Lo
w
De
n
s
i
t
y
Re
s
i
d
e
n
t
i
a
l
La
n
d
Us
e
Ma
p
De
s
i
g
n
a
t
i
o
n
.
21
.
4
.
Co
n
d
i
t
i
o
n
s
sh
o
u
l
d
be
im
p
o
s
e
d
in
or
d
e
r
to
mi
t
i
g
a
t
e
an
y
si
g
n
i
?
c
a
n
t
ad
v
e
r
s
e
im
p
a
c
t
s
fr
o
m
th
e
pr
o
p
o
s
a
l
.
21
.
4
.
1
.
Th
e
re
z
o
n
e
ap
p
l
i
c
a
t
i
o
n
an
d
fu
t
u
r
e
si
t
e
de
v
e
l
o
p
m
e
n
t
ar
e
su
b
j
e
c
t
to
th
e
re
g
u
l
a
t
i
o
n
s
an
d
re
q
u
i
r
e
m
e
n
t
s
of
th
e
Pa
s
c
o
Mu
n
i
c
i
p
a
l
Co
d
e
an
d
th
e
Ci
t
y
of
Pa
s
c
o
De
s
i
g
n
an
d
Co
n
s
t
r
u
c
t
i
o
n
St
a
n
d
a
r
d
s
.
As
su
c
h
,
no
co
n
d
i
t
i
o
n
s
sh
o
u
l
d
be
im
p
o
s
e
d
;
an
y
fu
t
u
r
e
de
v
e
l
o
p
m
e
n
t
wi
l
l
be
ev
a
l
u
a
t
e
d
fo
r
si
g
n
i
?
c
a
n
t
ad
v
e
r
s
e
im
p
a
c
t
s
at
th
e
ti
m
e
of
a
de
v
e
l
o
p
m
e
n
t
ap
p
l
i
c
a
t
i
o
n
.
21
.
5
.
A
Co
n
c
o
m
i
t
a
n
t
Ag
r
e
e
m
e
n
t
sh
o
u
l
d
be
en
t
e
r
e
d
in
t
o
be
t
w
e
e
n
th
e
Ci
t
y
an
d
th
e
pe
t
i
t
i
o
n
e
r
,
an
d
if
so
,
th
e
te
r
m
s
an
d
co
n
d
i
t
i
o
n
s
of
su
c
h
an
ag
r
e
e
m
e
n
t
.
No
Co
n
c
o
m
i
t
a
n
t
Ag
r
e
e
m
e
n
t
is
co
n
s
i
d
e
r
e
d
ne
c
e
s
s
a
r
y
fo
r
th
i
s
ap
p
l
i
c
a
t
i
o
n
.
An
op
e
n
re
c
o
r
d
pu
b
l
i
c
he
a
r
i
n
g
wa
s
he
l
d
,
af
t
e
r
le
g
a
l
no
t
i
c
e
,
on
De
c
e
m
b
e
r
11
,
20
2
4
.
Ap
p
e
a
r
i
n
g
an
d
te
s
t
i
f
y
i
n
g
on
be
h
a
l
f
of
th
e
Ap
p
l
i
c
a
n
t
wa
s
Ch
r
i
s
t
y
Ba
t
a
y
o
l
a
.
Ms
.
Ba
t
a
y
o
l
a
st
a
t
e
d
th
a
t
sh
e
wa
s
th
e
ag
e
n
t
au
t
h
o
r
i
z
e
d
to
ap
p
e
a
r
on
be
h
a
l
f
of
th
e
pr
o
p
e
r
t
y
ow
n
e
r
an
d
Ap
p
l
i
c
a
n
t
.
Ms
.
Ba
t
a
y
o
l
a
st
a
t
e
d
th
a
t
sh
e
ag
r
e
e
d
wi
t
h
th
e
re
p
r
e
s
e
n
t
a
t
i
o
n
s
se
t
fo
r
t
h
wi
t
h
i
n
th
e
st
a
f
f
re
p
o
r
t
.
Sh
e
in
d
i
c
a
t
e
d
th
a
t
th
e
ap
p
l
i
c
a
n
t
’
s
pl
a
n
s
we
r
e
to
su
b
d
i
v
i
d
e
th
e
pa
r
c
e
l
s
to
ma
t
c
h
de
n
s
i
t
y
.
Te
s
t
i
f
y
i
n
g
fr
o
m
th
e
pu
b
l
i
c
we
r
e
th
e
fo
l
l
o
w
i
n
g
in
d
i
v
i
d
u
a
l
s
:
25
.
1
.
Re
b
e
c
c
a
Fr
a
n
c
i
k
.
Ms
.
Fr
a
n
c
i
k
te
s
t
i
?
e
d
on
be
h
a
l
f
on
Ba
s
i
n
Di
s
p
o
s
a
l
.
Sh
e
in
d
i
c
a
t
e
d
th
a
t
th
e
r
e
is
cu
r
r
e
n
t
l
y
on
l
y
on
e
ac
c
e
s
s
ro
a
d
so
th
e
r
e
ma
y
be
a
po
t
e
n
t
i
a
l
fo
r
co
l
l
e
c
t
i
o
n
of
ga
r
b
a
g
e
in
th
e
ev
e
n
t
th
a
t
th
e
su
b
d
i
v
i
s
i
o
n
wa
s
ul
t
i
m
a
t
e
l
y
ap
p
r
o
v
e
d
.
25
.
2
.
Ch
r
i
s
t
i
Go
m
e
z
.
Ms
.
Go
m
e
z
te
s
t
i
?
e
d
th
a
t
al
l
of
th
e
ar
e
a
lo
t
s
ar
e
be
t
w
e
e
n
.2
5
ac
r
e
to
1
ac
r
e
.
Sh
e
be
l
i
e
v
e
d
th
a
t
th
e
lo
t
s
si
z
e
s
al
l
o
w
e
d
by
th
i
s
re
z
o
n
e
wo
u
l
d
no
t
be
co
n
s
i
s
t
e
n
t
wi
t
h
th
e
ar
e
a
.
Th
e
en
t
i
r
e
pl
a
n
n
i
n
g
st
a
f
f
?l
e
wa
s
ad
m
i
t
t
e
d
in
t
o
th
e
re
c
o
r
d
.
de
c
i
s
i
o
n
.
An
y
Co
n
c
l
u
s
i
o
n
of
La
w
th
a
t
is
mo
r
e
co
r
r
e
c
t
l
y
a
Fi
n
d
i
n
g
of
Fa
c
t
is
he
r
e
b
y
in
c
o
r
p
o
r
a
t
e
d
as
su
c
h
by
th
i
s
re
f
e
r
e
n
c
e
.
Z
20
2
4
—
0
0
6
Ri
v
e
r
h
a
v
e
n
Re
z
o
n
e
Pa
g
e
4
of
5
Page 173 of 434
II
.
RE
C
O
M
I
V
I
E
N
D
E
D
C
O
N
C
L
U
S
I
O
N
S
OF
LA
W
1.
Th
e
He
a
r
i
n
g
Ex
a
m
i
n
e
r
ha
s
be
e
n
gr
a
n
t
e
d
th
e
au
t
h
o
r
i
t
y
to
re
n
d
e
r
th
i
s
de
c
i
s
i
o
n
2.
As
co
n
d
i
t
i
o
n
e
d
,
th
i
s
pr
o
j
e
c
t
is
co
n
s
i
s
t
e
n
t
wi
t
h
th
e
Pa
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Page 174 of 434
Item:Marroquin Heaton Duarte RS—12to R-l Rezone
N"Exhibit B"Applicant(s):Albert Marroquin AFile#2 Z 2024—006
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REPORT TO HEARING EXAMINER
PUBLIC HEARING
City Hall 525 North Third Avenue Council Chambers
WEDNESDAY, 11 December 2024
6:00 PM
1
MASTER FILE #: Z 2024-006
APPLICANT:Albert Marroquin
4221 Riverhaven Street
Pasco, WA 99301
REQUEST: REZONE:Parcels119-670-022, 119-670-021, 119-663-053
Rezone from RS-12 Residential Suburban District to R-1
Low-Density Residential District.
TIMELINE
October 8, 2024 Rezone Application, Z2024-006,and SEPA Environmental Checklist,
SEPA 2024-053, Submitted
November 5, 2024 Application Deemed Complete
November 7, 2024 Notice of Application with Optional SEPA Determination of Non-
Significance (NOA/ODNS) dated November 10, 2024 was posted on
the City of Pasco website and mailed to properties within 300 feet
of proposed rezone
November 8, 2024 NOA/ODNS posted on-site on subject properties
November 10, 2024 NOA/ODNS published in Tri-City Herald Newspaper and posted on
SEPA Register website.
November 13, 2024 Public Comment received from P. Martin, Pasco Resident
November 14, 2024 Public Comment received from Bonneville Power Administration
(BPA)
November 18, 2024 Public Comment received from Confederated Tribes of the Colville
Reservation (Colville Tribes)
November 19, 2024 Public Comment received from D. Width, and L. Harrison, Pasco
Residents
November 20, 2024 Public Comment received from G. & R. Kinzig, Pasco Residents
Page 176 of 434
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November 21, 2024 Public Comment received from Basin Disposal, and Washington
State Department of Ecology (Ecology)
November 24, 2024 Public Comment received from D. Nelson, and C. Gomez, Pasco
Residents
November 25, 2024 Notice of Public Hearing scheduled for December 11, 2024, was
posted on the City of Pasco website and mailed to properties within
300 feet of proposed rezone.
Public Comment received from J. Avery, Pasco Resident
November 26, 2024 SEPA Determination of Non-Significance Issued for SEPA 2024-023,
posted on SEPA Register and distributed to Parties of Record.
Public Comment received from F. Vargas, Pasco Resident
November 27, 2024 Notice of Public Hearing scheduled for December 11, 2024, was
published in the Tri-City Herald Newspaper
December 4, 2024 Public Hearing Staff Report distributed to Project Applicant,
Property Owners, Parties of Record and made available to Public
BACKGROUND
1. PROPERTY DESCRIPTION:
Abbreviated Legal:
Parcel 119-670-022: SHORT PLAT 2020-13 LOT 4
Parcel 119-670-021: SHORT PLAT 2020-13 LOT 3
Parcel 119-663-053 SE4 NW4 NW4 27-9-
General Location: Located on the west side of Road 64 south of Marie Street.
Property Size:
Parcel 119-670-022: 0.47 Acres
Parcel 119-670-021: 0.47 Acres
Parcel 119-663-053: 1.31 Acres
Total: 2.25 Acres
2. ACCESS: The parcels have public road access on Road 64.
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3. UTILITIES: Municipal water is available throughout the length of the Road 64 frontage of
all parcels and municipal sewer is available within Road 64 adjacent the frontage of
parcels 119-670-022 and 119-670-021.
4. LAND USE AND ZONING: The subject properties are zoned RS-12 Residential Suburban.
Parcels 119-670-022 and 119-670-021 are undeveloped; Parcel 119-663-053 is used as
fenced pasture and contains two accessory structures. Surrounding properties are zoned
and developed as follows:
NORTH: RS-12 Low Density Residential; Single Family Dwellings
EAST: RS-12 Low Density Residential; Single Family Dwellings
SOUTH: RS-12 Low Density Residential; Single Family Dwellings
WEST: RS-12 Low Density Residential; Single Family Dwellings
5. COMPREHENSIVE PLAN: The City of Pasco Comprehensive Plan Land Use designation for
these properties is Low Density Residential. The Low Density Residential Land Use
designation purpose is for a variety of residential housing at a density of 3 to 6 dwelling
units per acre, and may be assigned RS-20, RS-12, RS-1, R-1, R-1-A, and R-1-A2
designations. Per Pasco Municipal Code (PMC 25.215.015) the maximum gross density of
any proposed development within any zoning district, expressed as dwelling units per
acre, shall be no less than the corresponding minimum density expressed in the
Comprehensive Plan land use density table, and no greater than the corresponding
maximum density expressed in the Comprehensive Plan land use density table, except as
provided in Chapter 25.161 PMC.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project.
Based on the State Environmental Policy Act (SEPA) checklist, SEPA2024-053,
Comprehensive Plan, applicable regulations, and other information, a threshold
was
issued on November 26, 2024, .
ANALYSIS
Request
Applicant Albert Marroquin, on behalf of himself and additional property owners Elizabeth
Duarte and William Heaton, wishes to rezone the three parcels 119-670-022 (Marroquin), 119-
670-021 (Duarte), and 119-663-053 (Heaton), located on the west side of Road 64 south of W
Court Street in Pasco, WA 99301 from RS-12 Residential Suburban to R-1 Low-Density Residential.
The subject properties comprise approximately 2.25 acres.
The underlying Comprehensive Plan Land Use designation is Low Density Residential, which
specifies 3 to 6 dwelling units per acre (du/ac) per PMC 25.215.015.
Staff would like to note that the proposed rezone does not include a project action. It is
anticipated that should the rezone be approved a subsequent subdivision project may be
submitted for review. Any subsequent subdivision proposals would be required to adhere to
Pasco Municipal Code, including provisions such as connectivity and residential design standards.
History
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The subject properties were annexed into the City via Ordinance 3532 in 2002 and subsequently
assigned the RS-12 Residential Suburban zoning designation via Ordinance 3533. The sites have
remained RS-12 since and are largely undeveloped with parcel 119-663-053 containing two
accessory structures.
Rezone Criteria
The initial review criteria for considering a rezone application are explained in PMC. 25.210.030.
The criteria are listed below as follows:
1. The date the existing zone became effective:
The subject properties were assigned RS-12 zoning in 2002 via Ordinance 3533.
2. The changed conditions, which are alleged to warrant other or additional zoning:
In 2002, the subject properties were annexed into the City and given the Low-Density Residential
designation, and has remained so since.
On January 24, 2022 City Council approved Ordinance 4575, amending the Zoning code, including
PMC 25.45 relating to the R-1 zoning district. The approved ordinance changed the purpose of
the R-1 zone found in PMC 25.45.010
The R-1 low density residential district is established to provide a low to medium density
residential environment compliant with the Comprehensive Plan land use density table in
PMC 25.215.015. Certain public facilities and institutions may also be permitted, provided
their nature and location are not detrimental to the intended low to medium density
residential environment.
PMC 25.45.020 added zero-lot line dwellings, multiple dwellings, duplexes, triplexes, and
courtyard apartments to the mix of allowed uses in the R-1 zoning district. The density
requirement in PMC 25.45.050 was also amended to eliminate the one-unit-per-lot development
restriction.
3. Facts to justify the change on the basis of advancing the public health, safety and
general welfare:
The Low Density Residential Land Use designation allows for RS-20, RS-12, RS-1, R-1, R-1-A, and
R-1-A2 zoning; development with a higher density of dwelling units per acre will help reduce
urban sprawl and increase housing availability.
The rezone application and proposal are consistent with the Council-approved amendments to
the Pasco Comprehensive Plan, which has been determined to be in the best interest of
advancing public health, safety and general welfare of the community.
4. The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
A change in zoning would be consistent with the comprehensive plan Land Use Map Low Density
Residential designation for the site. Per Applicant, the proposed land usage matches that of the
adjacent properties and have a positive impact of neighboring properties.
5. The effect on the property owner or owners if the request is not granted:
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Per Applicant, if the rezone is not granted, the property may not be subdivided.
6. The Comprehensive Plan land use designation for the property:
The City of Pasco Comprehensive Plan designates th as Low Density
Residential. The Low Density Residential designation provides a variety of residential housing at
a density of 3 to 6 dwelling units per acre, and may be assigned RS-20, RS-12, RS-1, R-1, R-1-A,
and R-1-A2 zoning.
Per PMC 25.215.015 maximum gross density of any proposed development within any zoning
district, expressed as dwelling units per acre, shall be no less than the corresponding minimum
density expressed in the Comprehensive Plan land use density table, and no greater than the
corresponding maximum density expressed in the Comprehensive Plan land use density table,
except as provided in Chapter 25.161 PMC.
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.
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. The Application for Rezone, Z2024-006, and SEPA Environmental Checklist, SEPA2024-
053, was submitted on October 8, 2024, and a Determination of Complete Application
issued on November 5, 2024.
2. Applicant proposes to rezone Parcels 119-670-022, 119-670-021, and 119-663-053 from
RS-12 Residential Suburban to R-1 Low Density Residential. The subject properties were
assigned RS-12 zoning in 2002 via Ordinance 3533.
3. The subject properties comprise approximately 2.25 acres, and are largely undeveloped,
with parcel 119-663-053 containing two accessory structures.
4. -2038 Comprehensive Plan Land Use Map designates the subject
properties as Low Density Residential. PMC 25.215.015 specifies 3 to 6 du/ac in Low
Density Residential. Property with Low Density Residential designation may be developed
with a variety of residential housing including single family dwellings, zero lot line
dwellings, multiple dwellings, duplexes, triplexes, and courtyard apartments.
5. A Notice of Application with Optional SEPA Determination of Non-Significance was issue
on November 10, 2024. The NOA/ODNS was posted on the City of Pasco website, the
SEPA Register website, and on the subject properties. The NOA/ODNS was also mailed to
property owners of property within 300 feet of the subject properties.
6. Public Comment was received from Basin Disposal, Bonneville Power Administration,
Colville Tribes, Ecology, and Pasco residents/property owners D. Nelson, C. Gomez, D.
Width, L. Harrison, P. Martin, J. Avery, F. Vargas, and the Kinzigs.
Page 180 of 434
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7. Public notice of this hearing was sent to property owners within 300 feet of the property,
to parties of record, and published in the Tri-City Herald newspaper.
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 subject properties as Low
Density Residential. A change in zoning would be consistent with the comprehensive plan Land
Use Map designation for the site and could further the goals and policies of the Comprehensive
Plan such as:
Land Use Policy LU-4-F: Support mixed use, smart growth, infill, and compact
developments with transit and pedestrian amenities that promote a healthy
community.
The proposal could allow for more lenient development requirements which may be suitable
for infill development.
Housing Policy H-1-A: Allow for a range of housing including single family homes,
townhouses, condominiums, apartments, and manufactured housing, accessory
dwelling units, zero lot line, planned unit developments etc.
The current zoning allows for the majority of these types of structures, however, due to the
lot size minimum requirements for the existing zone it could be difficult to realize many of
the permitted uses. The proposed rezone would allow for flexibility in lot size, frontage, etc.
and further this policy.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
This 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. The proposal includes infill
development and promotes the goals of the Low Density Residential Land Use Map Designation.
4. Conditions should be imposed in order to mitigate any significant adverse impacts from
the proposal.
The rezone application and future site development 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.
5. A Concomitant Agreement should be entered into between the City and the petitioner,
Page 181 of 434
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and if so, the terms and conditions of such an agreement.
No Concomitant Agreement is considered necessary for this application.
RECOMMENDATION
Staff recommends based on the Findings of Fact and Conclusions herein, that Parcels 119-670-
022, 119-670-023, and 119-663-053 be rezoned from RS-12 Residential Suburban to R-1 Low-
Density Residential.
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Community & Economic Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
CITY OF PASCO
DETERMINATION OF COMPLETENESS
FILE #s: Z2024-006/SEPA2024-53
APPLICANT:Alberto Marroquin
4221 Riverhaven St
Pasco, WA 99301
PROPOSAL: Marroquin Heaton Duarte RS-12 to R-1
It has been determined that your application for a rezone and accompanying SEPA Environmental Checklist is
complete for processing by the City of Pasco. These materials will be dispersed to City departments and affected
agencies for review and comment.
Questions can be addressed to the Pasco Community & Economic Development Department at (509) 545-4140 or
to ballardj@pasco-wa.gov referencing the file # above.
Date Issued: 11/5/2024____________
Jennifer B. Ballard, CFM, AICP
Senior Planner
Community and Economic Development
509.544.4140
ballardj@pasco-wa.gov
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STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
Eastern Region Office
4601 North Monroe St., Spokane, WA 99205--329-3400
November 21, 2024
Jennifer Ballard
Planner
City of Pasco
P.O. Box 293
525 N. 3rd Ave
Pasco, WA 99301
Re: Marroquin Heaton Duarte Rezone RS-12 to R-1
File: SEPA2024-053/Z2024-006
Dear Jennifer Ballard:
Thank you for the opportunity to comment on the Notice of Application and anticipated
Determination of Nonsignificance regarding the Marroquin Heaton Duarte Rezone RS-12 to R-1
Project (Proponent: Albert Marroquin). After reviewing the documents, the Department of
Ecology (Ecology) submits the following comments:
Water Resources Program
he water purveyor bears responsibility for ensuring that the proposed use(s) are within
the limitations of its water rights.
right (source, purpose, the place of use, or period of use), then it is subject to approval
from the Department of Ecology pursuant to Sections 90.03.380 RCW and 90.44.100
RCW.
Any ground water development proposal that will withdraw water in excess of 5,000
gallons per day for single or group domestic supply, or for industrial purpose, or for the
irrigation of more than ½ acre of lawn or non-commercial garden will require a permit
from the Department of Ecology.
In Washington State, prospective water users must obtain authorization from the
Department of Ecology before diverting surface water or withdrawing ground water,
with one exception. Ground water withdrawals of up to 5,000 gallons per day used for
single or group domestic supply, up to 5,000 gallons per day used for industrial
purposes, stock watering, and for the irrigation of up to one-half acre of non-
commercial lawn and garden are exempt from the permitting process. Water use under
the RCW 90.44.050 exemption establishes a water right that is subject to the same
privileges, restrictions, laws and regulations as a water right permit or certificate
obtained directly from Ecology.
Page 209 of 434
Jennifer Ballard
November 21, 2024
Page 2
For more information, please contact Herm Spangle at (509) 209-3421 or via email at
Herm.Spangle@ecy.wa.gov.
State Environmental Policy Act (SEPA)
Ecology bases comments upon information submitted for review. As such, comments
made do not constitute an exhaustive list of the various authorizations you may need to
obtain, nor legal requirements you may need to fulfill in order to carry out the proposed
action. Applicants should remain in touch with their Local Responsible Officials or
Planners for additional guidance.
For information on the SEPA Process, please contact Cindy Anderson at (509) 655-1541
or via email at Cindy.Anderson@ecy.wa.gov.
To receive more guidance on or to respond to the comments made by Ecology, please contact
the appropriate staff listed above at the phone number or email provided.
Department of Ecology
Eastern Regional Office
(Ecology File: 202404972)
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Page 212 of 434
From:Paul W. Martin
To:CED - Planning
Subject:Re: SEPA Checklist and Rezone Application for File# Z2024-006 / SEPA2024-053
Date:Wednesday, November 13, 2024 12:30:11 PM
You don't often get email from pwmartin2mt@gmail.com. Learn why this is important
[NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or
open attachments unless you are sure the content is safe.]
Jennifer,
I reviewed the Rezoning Application and the SEPA Checklist and understood the
scope of the project and had no concerns. As a nearby neighbor to these lots, I am
glad the lots will eventually be developed for residential homes.
Thanks for the opportunity to comment.
Paul W. Martin
809 Road 64
Pasco, WA 99301
pwmartin2MT@gmail.com
509-531-4489 (cell)
From: CED - Planning <planning@pasco-wa.gov>
Sent: Tuesday, November 12, 2024 6:25 PM
To: Paul W. Martin <pwmartin2mt@gmail.com>
Subject: RE: SEPA Checklist and Rezone Application for File# Z2024-006 / SEPA2024-053
Hello Mr. Marin,
Attached is the rezone application and the SEPA environmental Checklist, and a copy of the
NOA/ODNS that you already received.
Let me know if I can further assist you,
Jennifer B. Ballard, CFM, AICP | Senior Planner | (509) 544-4140 | 525 N. 3rd Avenue | Pasco, WA
99301 | ballardj@pasco-wa.gov
Notice of Public Disclosure: This e-mail and any response may be public record under Washington State law and subject to
inspection and copying by the public upon request. Accordingly, there can be no expectation of privacy.
From: Paul W. Martin <pwmartin2mt@gmail.com>
Sent: Tuesday, November 12, 2024 4:38 PM
To: CED - Planning <planning@pasco-wa.gov>
Subject: SEPA Checklist and Rezone Application for File# Z2024-006 / SEPA2024-053
Page 213 of 434
You don't often get email from pwmartin2mt@gmail.com. Learn why this is important
[NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or
open attachments unless you are sure the content is safe.]
Pasco Planning,
I received a "Notice of Application/SEPA DNS Determination" dated 11/10/24. I live
by the sites on Road 64, and I'm interested in getting copies of the SEPA
Environmental Checklist, SEPA2024-006, dated 10/03/2024 and the Rezone
Application, Z2024-006, dated 10/08/2024 to determine if I will have comments to
submit before the 11/25/2024 deadline.
A hyperlink to the two documents is preferred, but if a link is not available, please let
me know how I can get copies of the requested documents.
Thanks!
Paul W. Martin
809 Road 64
Pasco, WA 99301
pwmartin2MT@gmail.com
509-531-4489 (cell)
Page 214 of 434
1
Jennifer Ballard
From:Dale Width <widthd48@gmail.com>
Sent:Tuesday, November 19, 2024 10:37 AM
To:CED - Planning
Subject:response to SEPA2024-053
[NOTICE:This message originated outside of City of Pasco DO NOT CLICK on links or open attachments unless you are
sure the content is safe.]
GreetingsI am a resident on Christopher Lane, adjacent to the proposed rezone. I am objecting to the proposal. R1 is
incompatible with the surrounding RS12 and RS20 zones. There is no R1 for several miles along the Columbia in the
area. A maximum of 12 single family residences, or a similar mix of multifamily housing, does not fit the neighboring
density.
Thank you
Dale Width
1007 Christopher Lane
widthd48@gmail.com
You don't often get email from widthd48@gmail.com.Learn why this is important
Page 215 of 434
1
Jennifer Ballard
From:lynne harrison <lynneeharrison@icloud.com>
Sent:Tuesday, November 19, 2024 6:55 PM
To:CED - Planning
Subject:SEPA Checklist SEPA2024-053 & Rezone Application Z2024-006
Attachments:SEPA2024-053 SEPA Environmental Checklist L.Harrison.pdf
Follow Up Flag:Follow up
Flag Status:Flagged
[NOTICE:This message originated outside of City of Pasco DO NOT CLICK on links or open attachments unless you are
sure the content is safe.]
To: City of Pasco Community and Economic Development (CED)
From: Lynne Harrison, 1007 Christopher La, Pasco WA 99301
Subject: SEPA Checklist SEPA2024-053 & Rezone Application Z2024-006
Date: 19 November 2024
Dear CED members:
I live on Christopher Lane, behind the properties located at 910 and 1002 Rd 64, and I object to the proposal
for rezone.
Zoning District R-1 Low Density Residential is incompatible with the surrounding R-S-12 and R-S-20 zones.
There is no R-1 for several miles along the Columbia River in the area. The proposed rezone, with a maximum
of 12 single family residences or similar mix of multifamily housing, does not at all fit in with the neighboring
density, and would impact our quality of life and homes resale value.
I am submitting detailed comments to the SEPA2024-053 SEPA Environmental Checklist, as attached to this
email. My comments on Mr. Marroquins responses to the checklist relate directly to his response to the
question on page 1, Do you have any plans for future additions, expansion, or further activity related to or
connected with this proposal? If yes, explain, with his response The properties will be developed with
residential homes. I feel it would be irresponsible to look at his checklistanswers without considering his intent
for the proposed rezone.
Again, I urge you not to approve the rezone request.
You don't often get email from lynneeharrison@icloud.com.Learn why this is important
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Jennifer Ballard
From:Jerry Kinzig <jerry.kinzig@me.com>
Sent:Wednesday, November 20, 2024 3:43 PM
To:CED - Planning
Subject:Comment on Rezone App Z2024-006
[NOTICE:This message originated outside of City of Pasco DO NOT CLICK on links or open attachments unless you are
sure the content is safe.]
As residents of this community, Gerald & Rhonda Kinzig at 6506 W Park Street, Pasco, WA 99301 We do not
support / oppose this zoning change. Only single family homes should be built on each of the four (4) lots.We moved
and built our home here about 3yrs ago for the more quiet community. We believe this should remain a community of
single family homes.
Youre welcome to contact us if you have any questions or need further/ more detail input.
Thank you,
Gerald & Rhonda Kinzig
6506 W Park Street
Pasco, WA 99301
(206) 769 9674
jerry.kinzig@me.com
You don't often get email from jerry.kinzig@me.com.Learn why this is important
Page 231 of 434
1
Jennifer Ballard
From:Dan Nelson <dansclockshop@charter.net>
Sent:Sunday, November 24, 2024 5:30 PM
To:CED - Planning
Subject:Rezone Application Z2024-006 Opposition
Attachments:Rezone Application Z2024-006 Opposition_signed.pdf
[You don't o en get email from dansclockshop@charter.net. Learn why this is important at
h ps://aka.ms/LearnAboutSenderIden ca on ]
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Dear CED Planning Division,
Please nd enclosed a signed pe on strongly opposing the zoning change request from R S 12 to R 1, led by Albert
Marroquin (Z2024 006) for parcels 119670022, 119670021, and 119663053.
This zoning change, if approved, would allow development which is incongruent with the surrounding proper es, and
area neighborhoods in general. Please do not approve zoning request Z2024 006.
Please keep me informed of any and all mee ngs or hearings associated with request Z2024 006. Thank you for your
considera on in this ma er.
All the Best
Dan
Dan Nelson
6518 W. Octave St.
Pasco, WA, USA, 99301
509 942 4262
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1
Jennifer Ballard
From:Christi Gomez <capgomez7@aol.com>
Sent:Sunday, November 24, 2024 6:07 PM
To:CED - Planning
Subject:Public Comment concerning Rezone Application Z2024-006 -
Attachments:Rezone Application Opposition Letter - Gomez.pdf
[NOTICE:This message originated outside of City of Pasco DO NOT CLICK on links or open attachments unless you are
sure the content is safe.]
Please find attached our letter in opposition to the Rezone Application Z2024-006.
Thank you,
Christina Gomez
You don't often get email from capgomez7@aol.com.Learn why this is important
Page 239 of 434
Page 240 of 434
Page 241 of 434
November 22, 2024
Del Avery
1003 Christopher Lane
Pasco, WA
Dear Pasco Community and Economic Development Department,
This is in response to the application to rezone Franklin County parcels
11967002,119670021, and 119663053.
We strongly disagree with this proposal as it will significantly change the atmosphere and
character of the neighborhoods around this proposed area. Rezoning to a R-1 residential
will impact our quality of life by increasing traffic, noise and safety.
We are concerned that the city is not equipped with enough fire and law enforcement to
cover this increase. We had a fire on Christopher Lane a few years ago and it took the fire
department 25 minutes to get to us. Our house was destroyed as a result. So, the concern
is with an increase in population the risk will be greater.
We are not opposed to a development of lesser density. Like one single family residence
per half acre to one acre that would keep the character of neighborhood intact.
Also, there are no other areas this close to the river with that dense of zoning. So, we are
asking why here in this area?
Please reconsider this proposal.
Sincerely
Del and Joyce Avery
Page 242 of 434
Page 243 of 434
Petition to Oppose the Proposed Zoning Change Request Z2024-006, Albert Marroquin (applicant)
Page 1
Dan Nelson
6518 W Octave St, Pasco, WA 99301
509-942-4262
20 November 2024
Subject: Petition to Oppose the Proposed Zoning Change Request Z2024-006, Albert Marroquin
(applicant)
Dear Pasco Community and Economic Development Department (CED)
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
We the undersigned are writing to express our strong opposition to the proposed zoning change to R-1
for Franklin County parcels 119670022, 119670021, and 119663053, which are currently zoned as R-S-
12 and cited in application Z2024-006. As residents living near these parcels, we believe this rezoning
would significantly harm the character of our community and negatively impact the quality of life for
nearby residents.
Reasons for Opposition:
Increased Traffic Congestion/Noise:
The proposed zoning change would generate a significant volume of traffic on south Rd 64, which is
already experiencing significant congestion at W Court St during peak hours, potentially impacting
safety and access for existing residents. Additionally, W Octave St currently dead-ends just east of
Christopher Lane. Local traffic will increase exponentially should the city elect to extend W Octave St to
access parcel 119663053; one of the properties cited in the R-1 application.
Negative Impact on Property Values:
A change to R-1 could lead to a decrease in property values for surrounding homes due to increased
density (up to 4 fold over R-S-12, per municipal code) and negatively change the overall neighborhood
aesthetic.
Incompatible Development:
Currently, there is no proposed development for review. However, a development of two-story
duplexes like those located on the SE corner of Rd 68 and Argent is definitely within the scope of R-1
zoning. This sort of development is not compatible with the existing single-family residential character
of the surrounding neighborhoods, and will create a jarring visual disruption and impact on the sense
of community.
Page 244 of 434
Petition to Oppose the Proposed Zoning Change Request Z2024-006, Albert Marroquin (applicant)
Page 2
Environmental Concerns:
While we realize that these bare parcels will eventually be developed by someone, please be aware
that ground-nesting killdeer and marmots seasonally occupy the areas cited in the R-1 application.
Request for Action:
We urge the CED to carefully consider the negative consequences of this zone change and deny the
rezoning request for Franklin County parcels 119670022, 119670021, and 119663053. We strongly
encourage you to prioritize the concerns of the community and uphold the existing zoning regulations
that protect the character of our neighborhood.
Please feel free to contact me at 509-942-4262 if you require further information or have questions
regarding our concerns.
Sincerely, Dan Nelson
Signatures:
Signature:
Printed Name:
Address:
Signature:
Printed Name:
Address:
Signature:
Printed Name:
Address:
Signature:
Printed Name:
Address:
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1
Jennifer Ballard
From:Cameron Mackenzie <cameron.mackenzie@me.com>
Sent:Tuesday, December 10, 2024 5:44 PM
To:CED - Planning
Subject:Written Comments re: Rezoning Petition Z2024-006
Attachments:Rezoning Objection - Dec 2024.pdf
Follow Up Flag:Follow up
Flag Status:Flagged
[You don't oŌen get email from cameron.mackenzie@me.com. Learn why this is important at
hƩps://aka.ms/LearnAboutSenderIdenƟficaƟon ]
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sure the content is safe.]
Planners,
Please see my aƩached wriƩen comments. Please contact me by email or telephone at 907-205-6697 if needed.
Respecƞully,
Cameron Mackenzie
Page 256 of 434
Cameron Mackenzie
909 Christopher Ln
Pasco, WA 99301
cameron.mackenzie@me.com
December 10, 2024
City of Pasco
Community Development Department
525 N 3rd Ave
Pasco, WA 99301
Subject: Objection to Rezoning Petition for Parcels 119-670-022, 119-670-021, and
119-663-053
Dear Planning Board Members,
I am writing to formally express my objection to the rezoning petition for the properties listed in
the subject line. As a resident and homeowner of an lot immediately adjacent to one in the
petition, I have serious concerns regarding the potential impacts of this proposed rezoning on
the character, safety, and livability of our community. The existing neighborhood consists of
larger homes on larger lots, as permitted under the existing R-S-12 zoning. This results in a
quiet, semi-rural community feel, which is the entire reason I purchased here almost three
years ago. I looked at properties much closer to my work in Richland as well as north of I-182
in West Pasco, but ultimately chose this area due to the quiet, semi-rural feel, which was
significantly nicer than the much more densely packed homes in Richland and West Richland.
I chose this area and accepted the 3x longer commute due completely to this neighborhood's
character.
At the time I purchased, the lot immediately behind mine, one of those proposed for rezoning,
was a cattle pasture. The feel of the surrounding area is dominated by quiet and serene. While
I understand that development is inevitable, there is no reason to allow an increase in
residential density. Increased density could result in placing multiple homes on the lot directly
behind me, which should contain no more than one house to maintain the existing community
feel. This would be deleterious to me and my neighbors, especially those next to the other lots
in the petition. Further, the lots between those in this petition would suffer, else they be
similarly rezoned in a future petition, exacerbating the change from "semi-rural" to a more
traditional subdivision feel.
In addition, the proposed rezoning could result in the following:
- The change in zoning could lead to a devaluation of surrounding properties. Properties in the
area are primarily larger homes on larger lots, and the introduction of higher-density housing
would negatively affect the aesthetic and property values that we, the residents, have worked
hard to maintain.
- The proposed development would likely result in an increase in traffic, which could
overwhelm the existing infrastructure. The plots in question are served by a dead-end stub of
Road 64, which has no protected output onto W. Court Street. An increase in traffic would
cause issues at that junction, which would almost certainly result in the extension of W. Octave
Street through to Road 64, turning our quiet neighborhood into a thoroughfare to the adjacent
neighborhood on Road 64. This poses serious safety risks, especially to pedestrians, children,
and cyclists in the neighborhood. Our streets are not designed to handle the additional burden
that this development would bring.
Page 257 of 434
- This proposed rezoning could drastically change the character of the neighborhood, shifting it
from semi-rural as previously described to more urbanized area with smaller houses on smaller
lots. This type of change may not align with the values and preferences of the current
residents, many of whom moved here for the peaceful, quiet, family-oriented, environment that
has existed here for nearly 20 years in our neighborhood, and much longer than that for some
adjacent properties. Development of these lots is inevitable, but there is no reason they cannot
be developed pursuant to the restrictions outlined in Zone R-S-12, thus preserving the existing
neighborhood feel.
I respectfully request that the City consider my input and that of other neighbors, as presented
in the companion petition submitted by Dan Nelson. I respectfully ask that the City reject this
request for rezoning, protecting the character and feel of the neighborhood and preserving the
existing environment for the residents of the area.
Thank you for your attention to this matter. I look forward to hearing from you and to
participating in any public hearings or discussions related to this rezoning petition.
Sincerely,
Cameron Mackenzie
Page 258 of 434
1
Jennifer Ballard
From:RingCentral <notify@ringcentral.com>
Sent:Wednesday, December 11, 2024 10:36 AM
To:Jennifer Ballard
Subject:New Voice Message from (509) 929-2835 on 12/11/2024 10:35 AM
[NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the
content is safe.]
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Voice Message
Dear Jennifer Ballard,
You have a new voice message:
From: (509) 929-2835
Received: Wednesday, December 11, 2024 at 10:35 AM
Length: 00:55
To: (509) 544-4140 Jennifer Ballard
Voicemail Preview:
"Yes, good morning. My name is Lynn Harrison and I had registered for the public hearing this
evening to do it virtually. I had surgery on Monday and I am not doing as great as I thought I would.
So I did send a written comment. I will not participate virtually this evening. Again, that is Slim
Harrison and I am not Going to be able to participate this evening in the public hearing on the 2z2
102 4006 American He dare re zone. All right, if you have any questions, give me a call, please. At
599292835, thank you."
Listen to this message over your phone or log in to your RingCentral account with your main
number, extension number, and password. You can also manage your voicemails in your
RingCentral account.
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everything you need to stay connected: team messaging, video
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trademarks of RingCentral, Inc., 20 Davis Drive, Belmont, CA 94002, USA.
Page 259 of 434
1
Jennifer Ballard
From:Mike Kelly <m.kelly@johnstonefg.com>
Sent:Wednesday, December 11, 2024 7:22 AM
To:CED - Planning
Subject:Petition to Oppose Zoning Change Request Z2024-006
Attachments:Proposed Zoning Change Request Z2024-006.pdf
Follow Up Flag:Follow up
Flag Status:Flagged
[NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are
sure the content is safe.]
Good Morning,
I am hoping this is the right email to send this petition drafted by Dan Nelson with signatures from my household
and neighbors “Opposing the Proposed Zoning Change Z2024-006”. I am unsure if I will be able to attend
tonight’s hearing, but I wanted to make sure to get these in to voice or opposition .
Please let me know if I need to send them somewhere else or if there is anything I need to do.
Thank you very much.
Mike Kelly
You don't often get email from m.kelly@johnstonefg.com. Learn why this is important
Page 260 of 434
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AGENDA REPORT
FOR: City Council January 15, 2025
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 1/21/25
FROM: Craig Raymond, Deputy Director
Community & Economic Development
SUBJECT: *Q Ordinance No. 4756 - Broadmoor Aquatic Facility Rezone from R-T
to MU (Z 2024-008) (5 minutes)
I. ATTACHMENT(S):
Ordinance
Exhibit A - Hearing Examiner Recommendation, Dated December 27, 2024
Exhibit B - Map
Staff Report and information packet to Hearing Examiner for Hearing on
December 11, 2024
Power Point Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION:Zoning the amending 4756, No. adopt to move I Ordinance
Classification of certain real property located in the east half of the southeast
quarter of Section 7, Township 9 North, Range 29 east of the Willamette
Meridian, west of Road 108 Right-of-Way, North of Harris Road, in Pasco,
Franklin County, Washington, from R-T, Residential Transition to MU, Mixed-
Use, and, further, authorize publication by summary only.
III. FISCAL IMPACT:
None.
IV. HISTORY AND FACTS BRIEF:
On December 11, 2024, the Hearing Examiner held a public hearing to
consider a request to rezone Lot 34 of Plat Exemption Segregation Survey filed
in Volume 4 of Surveys under Franklin County Auditor's File Number 1989509
(Parcel 115-210-219) in Pasco, Franklin County, Washington from zoning
district from R-T Residential Transition to MU Mixed Use.
Following the conclusion of the public hearing, the Hearing Examiner
Page 267 of 434
recommended approval of the Applicant's request for a rezone.
No appeals of this recommendation have been received.
V. DISCUSSION:
Applicant Matt Watkins of the Pasco Public Facilities District requests to rezone
Parcel No. 115-210-219, located on the west side of Road 108 right-of-way,
south R-T from Harris of Road, right-of-way, Parkway Sandifur of north
Residential Transition to MU Mixed-Use. The subject property is approximately
13 acres in size.
The underlying Broadmoor Master Plan Broadmoor Land Use designation for
the subject property is Mixed Residential and Commercial.
1.The date the existing zone became effective:
The subject property was annexed into the City via Ordinance No. 2388 in
1982, which also adopted the R-T zoning designation assigned via Resolution
No. 1396.
2.The changed conditions, which are alleged to warrant other or
additional zoning:
The R-T district is intended to be applied or assigned to areas that are
essentially undeveloped, however, ultimately intended for suburban or urban
residential use. Now that the City of Pasco is developing into the Broadmoor
area it is the appropriate time to rezone the land. R-T is not a zoning district
that is permitted in the subject property’s underlying Broadmoor Land Use
designation of Mixed Residential and Commercial, while MU is.
3.Facts to justify the change on the basis of advancing the public health,
safety and general welfare:
The Mixed Residential and Commercial Land Use designation allows Mixed
residential and commercial (also called Mixed-Use in the Broadmoor Master
Plan), C-1, R-3, and R-4 zoning; development with a higher density of dwelling
units per acre than the existing .2 d/ac density allowed in the R-T zoning district
will help reduce urban sprawl and increase housing availability should this
property choose to develop with dwellings in the future. If a building is not
mixed Use Mixed of designation Land land a with on use Broadmoor
by Residential and Commercial the height of buildings is regulated the
underlying zone of the property. R-T has a height limit of 35 feet. In the MU
zones commercial, office, education and government uses have a height limit
of 85 feet. Taller buildings allow for more visual appeal, and for a higher floor-
area-ratio which also can potentially reduce sprawl and vehicle miles traveled.
The rezone application and proposal are consistent with the Council-approved
amendments to the Pasco Comprehensive Plan, which has been determined to
Page 268 of 434
be in the best interest of advancing public health, safety and general welfare of
the community.
4.The effect it will have on the value and character of the adjacent
property and the Comprehensive Plan:
The surrounding properties are currently undeveloped or used in surface
mining. The rezone will not have any effect on the value or character of
adjacent properties. It is expected that the surrounding properties zoned R-T
will rezone their properties when they choose to develop.
5.The effect on the property owner or owners if the request is not
granted:
If the rezone is not granted, non-mixed use buildings proposed on the property
will have to obtain a special permit to exceed the 35-foot height limit in the R-T
zone per the Pasco Municipal Code (PMC) Section 25.25.050.
6.The Comprehensive Plan land use designation for the property:
The Mixed Residential and Commercial Land Use designation permits Mixed
residential and commercial (also called Mixed-Use in the Broadmoor Master
Plan), C-1, R-3, and R-4 zoning; the existing R-T zoning is not in compliance
with the Comprehensive Plan or Broadmoor Master Plan.
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.
Full descriptions and details can be found in the attached "Exhibit A".
Recommendation--Hearing Examiner:
As noted in the attached "Exhibit A," the Hearing Examiner has found that the
proposed rezone meets the criteria found in PMC Section 25.210.060, and
recommended, based on the Recommended Findings of Fact and Conclusions
of Law, that the City Council approve the rezone of Parcel No. 115-210-219
from R-T to MU, without a concomitant agreement.
Page 269 of 434
Ordinance Rezone Z 2024-008 – Broadmoor Aquatic Facility - 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 IN THE EAST HALF OF THE SOUTHEAST
QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE
WILLAMETTE MERIDIAN, WEST OF ROAD 108 RIGHT-OF-WAY, NORTH
OF HARRIS ROAD, IN PASCO, FRANKLIN COUNTY, WASHINGTON,
FROM R-T, RESIDENTIAL TRANSITION TO MU, MIXED-USE.
WHEREAS, Matt Watkins, Pasco Public Facilities District, the petitioner seeks to rezone
Parcel No. 115-210-219 located on Road 108, Pasco, 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 December 11, 2024; 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 t he regulations and requirements of the Pasco
Municipal Code and the City of Pasco Design and Constructions Standards; (e) a co ncomitant
agreement is not required under these circumstances; and (f) the proposal is consistent with and
satisfies all criteria 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.
Page 270 of 434
Ordinance Rezone Z 2024-008 – Broadmoor Aquatic Facility - 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
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
zoning district R-T, Residential Transition, to MU, Mixed-Use, for the real property as shown in
the Exhibit B attached hereto and described as follows:
Parcel 115-210-219: LOT 34 OF PLAT EXEMPTION SEGREGATION SURVEY
FILED IN VOLUME 4 OF SURVEYS, PAGES 580 THROUGH 582, UNDER
FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1989509.
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, on this ___ day of _____,
2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: _____________________________
Page 271 of 434
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U
G
H
58
2
,
UN
D
E
R
FR
A
N
K
L
I
N
CO
U
N
T
Y
AU
D
I
T
O
R
'
S
FI
L
E
NU
M
B
E
R
19
8
9
5
0
9
.
3.
Ge
n
e
r
a
l
Lo
c
a
t
i
o
n
:
Lo
c
a
t
e
d
in
th
e
Ea
s
t
Ha
l
f
of
th
e
So
u
t
h
e
a
s
t
Qu
a
r
t
e
r
of
Se
c
t
i
o
n
7,
To
w
n
s
h
i
p
9
No
r
t
h
,
Ra
n
g
e
29
Ea
s
t
of
th
e
Wi
l
l
a
m
e
t
t
e
Me
r
i
d
i
a
n
.
We
s
t
of
Ro
a
d
10
8
ri
g
h
t
—
o
f
—
w
a
y
;
No
r
t
h
of
Hi
g
h
w
a
y
18
2
.
4.
Pr
o
p
e
r
t
y
Si
z
e
:
13
ac
r
e
s
.
5.
AC
C
E
S
S
:
Th
e
pr
o
p
e
r
t
y
fr
o
n
t
s
on
th
e
ri
g
h
t
-
o
f
—
w
a
y
fo
r
Ro
a
d
10
8
to
th
e
ea
s
t
an
d
on
an
un
-
n
a
m
e
d
Pu
b
l
i
c
Ro
a
d
ea
s
e
m
e
n
t
to
th
e
we
s
t
.
No
pu
b
l
i
c
ro
a
d
s
to
th
i
s
pr
o
p
e
r
t
y
ha
v
e
ye
t
be
e
n
co
n
s
t
r
u
c
t
e
d
.
6.
UT
I
L
I
T
I
E
S
:
Mu
n
i
c
i
p
a
l
se
w
e
r
is
av
a
i
l
a
b
l
e
fr
o
m
th
e
we
s
t
in
an
un
-
n
a
m
e
d
Pu
b
l
i
c
Ro
a
d
ea
s
e
m
e
n
t
.
Mu
n
i
c
i
p
a
l
wa
t
e
r
wo
u
l
d
ha
v
e
to
be
br
o
u
g
h
t
no
r
t
h
fr
o
m
th
e
vi
c
i
n
i
t
y
of
th
e
Ha
r
r
i
s
Ro
a
d
an
d
Ro
a
d
10
8
in
t
e
r
s
e
c
t
i
o
n
.
7.
LA
N
D
US
E
AN
D
ZO
N
I
N
G
:
Th
e
su
b
j
e
c
t
pr
o
p
e
r
t
y
is
zo
n
e
d
R-
T
Re
s
i
d
e
n
t
i
a
l
Tr
a
n
s
i
t
i
o
n
an
d
ar
e
un
d
e
v
e
l
o
p
e
d
.
Su
r
r
o
u
n
d
i
n
g
pr
o
p
e
r
t
i
e
s
ar
e
zo
n
e
d
an
d
de
v
e
l
o
p
e
d
as
fo
l
l
o
w
s
:
7.
1
.
No
r
t
h
:
R—
T
Re
s
i
d
e
n
t
i
a
l
Tr
a
n
s
i
t
i
o
n
;
un
d
e
v
e
l
o
p
e
d
7.
2
.
Ea
s
t
:
C—
l
Re
t
a
i
l
Bu
s
i
n
e
s
s
;
un
d
e
v
e
l
o
p
e
d
7.
3
.
So
u
t
h
:
R—
T
Re
s
i
d
e
n
t
i
a
l
Tr
a
n
s
i
t
i
o
n
;
un
d
e
v
e
l
o
p
e
d
7.
4
.
We
s
t
:
R—
T
Re
s
i
d
e
n
t
i
a
l
Tr
a
n
s
i
t
i
o
n
;
su
r
f
a
c
e
mi
n
i
n
g
op
e
r
a
t
i
o
n
8.
CO
N
E
P
R
E
H
E
N
S
I
V
E
PL
A
N
:
Th
e
su
b
j
e
c
t
pr
o
p
e
r
t
y
is
lo
c
a
t
e
d
in
th
e
Br
o
a
d
m
o
o
r
Ov
e
r
l
a
y
Di
s
t
r
i
c
t
.
Th
e
Ci
t
y
of
Pa
s
c
o
Co
m
p
r
e
h
e
n
s
i
v
e
Pl
a
n
ci
t
e
s
th
e
Br
o
a
d
m
o
o
r
Ar
e
a
Ma
s
t
e
r
Pl
a
n
as
a
to
o
l
/
d
o
c
u
m
e
n
t
to
9.
BR
O
A
D
M
O
O
R
MA
S
T
E
R
PL
A
N
:
Th
e
Br
o
a
d
m
o
o
r
La
n
d
Us
e
de
s
i
g
n
a
t
i
o
n
fo
r
th
e
su
b
j
e
c
t
pr
o
p
e
r
t
y
is
Mi
x
e
d
Re
s
i
d
e
n
t
i
a
l
an
d
Co
m
m
e
r
c
i
a
l
,
3
la
n
d
us
e
in
t
e
n
d
e
d
to
cr
e
a
t
e
a
se
n
s
e
of
co
m
m
u
n
i
t
y
by
in
c
r
e
a
s
i
n
g
Z
20
2
4
-
0
0
8
Br
o
a
d
m
o
o
r
Re
z
o
n
e
Pa
g
e
1
of
5
<EEQ
Page 272 of 434
10
.
11
.
12
.
th
e
in
t
e
r
a
c
t
i
o
n
am
o
n
g
di
f
f
e
r
e
n
t
ty
p
e
s
of
us
e
s
,
su
c
h
as
re
s
i
d
e
n
t
i
a
l
,
co
m
m
e
r
c
i
a
l
,
an
d
of
f
i
c
e
,
an
d
pr
o
m
o
t
i
n
g
pe
d
e
s
t
r
i
a
n
?i
e
n
d
l
y
en
v
i
r
o
n
m
e
n
t
s
wi
t
h
i
n
ne
i
g
h
b
o
r
h
o
o
d
s
.
Th
e
Br
o
a
d
m
o
o
r
Ov
e
r
l
a
y
Di
s
t
r
i
c
t
re
g
u
l
a
t
e
s
de
v
e
l
o
p
m
e
n
t
in
ac
c
o
r
d
a
n
c
e
wi
t
h
th
e
po
l
i
c
y
an
d
ob
j
e
c
t
i
v
e
s
of
th
e
Br
o
a
d
m
o
o
r
Ma
s
t
e
r
Pl
a
n
vi
a
PM
C
Ch
a
p
t
e
r
25
.
9
7
.
Pe
r
PM
C
25
.
9
7
.
0
4
0
Mi
x
e
d
Re
s
i
d
e
n
t
i
a
l
an
d
Co
m
m
e
r
c
i
a
l
(a
l
s
o
ca
l
l
e
d
Mi
x
e
d
-
U
s
e
in
th
e
Br
o
a
d
m
o
o
r
Ma
s
t
e
r
Pl
a
n
)
,
C—
l
,
R—
3
,
an
d
R—
4
zo
n
i
n
g
ar
e
th
e
on
l
y
zo
n
i
n
g
di
s
t
r
i
c
t
s
pe
r
m
i
t
t
e
d
in
th
e
Mi
x
e
d
Re
s
i
d
e
n
t
i
a
l
an
d
Co
m
m
e
r
c
i
a
l
La
n
d
Us
e
de
s
i
g
n
a
t
i
o
n
.
EN
V
I
R
O
N
M
E
N
T
A
L
DE
T
E
R
M
I
N
A
T
I
O
N
:
Th
e
Ci
t
y
of
Pa
s
c
o
is
th
e
le
a
d
ag
e
n
c
y
fo
r
th
i
s
pr
o
j
e
c
t
.
Ba
s
e
d
on
th
e
St
a
t
e
En
v
i
r
o
n
m
e
n
t
a
l
Po
l
i
c
y
Ac
t
(S
E
P
A
)
ch
e
c
k
l
i
s
t
,
SE
P
A
2
0
2
4
-
0
6
1
,
Co
m
p
r
e
h
e
n
s
i
v
e
Pl
a
n
,
ap
p
l
i
c
a
b
l
e
re
g
u
l
a
t
i
o
n
s
,
an
d
ot
h
e
r
in
f
o
r
m
a
t
i
o
n
,
a
th
r
e
s
h
o
l
d
de
t
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r
m
i
n
a
t
i
o
n
re
s
u
l
t
i
n
g
in
a
De
t
e
r
m
i
n
a
t
i
o
n
of
No
n
-
S
i
g
n
i
?
c
a
n
c
e
(D
N
S
)
fo
r
th
i
s
pr
o
j
e
c
t
wa
s
is
s
u
e
d
on
No
v
e
m
b
e
r
26
,
20
2
4
,
un
d
e
r
WA
C
19
7
-
1
1
—
15
8
.
Ma
t
t
Wa
t
k
i
n
s
of
th
e
Pa
s
c
o
Pu
b
l
i
c
Fa
c
i
l
i
t
i
e
s
Di
s
t
r
i
c
t
su
b
m
i
t
t
e
d
a
SE
P
A
ch
e
c
k
l
i
s
t
,
SE
P
A
2
0
2
4
-
0
6
1
,
an
d
Re
z
o
n
e
Ap
p
l
i
c
a
t
i
o
n
,
22
0
2
4
-
0
0
8
,
to
re
z
o
n
e
ap
p
r
o
x
i
m
a
t
e
l
y
13
ac
r
e
s
of
la
n
d
fr
o
m
R—
T
Re
s
i
d
e
n
t
i
a
l
Tr
a
n
s
i
t
i
o
n
to
MU
Mi
x
e
d
-
U
s
e
as
th
e
R—
T
zo
n
i
n
g
di
s
t
r
i
c
t
.
Th
e
re
z
o
n
e
re
q
u
e
s
t
wa
s
in
i
t
i
a
t
e
d
be
c
a
u
s
e
R—
T
is
no
t
in
c
o
m
p
l
i
a
n
c
e
wi
t
h
th
e
Co
m
p
r
e
h
e
n
s
i
v
e
Pl
a
n
La
n
d
Us
e
De
s
i
g
n
a
t
i
o
n
of
Mi
x
e
d
Re
s
i
d
e
n
t
i
a
l
an
d
Co
m
m
e
r
c
i
a
l
,
wh
i
l
e
MU
zo
n
i
n
g
is
in
co
m
p
l
i
a
n
c
e
;
R—
T
is
a
zo
n
i
n
g
di
s
t
r
i
c
t
th
a
t
is
mo
s
t
ap
p
r
o
p
r
i
a
t
e
to
un
d
e
v
e
l
o
p
e
d
pr
o
p
e
r
t
y
,
an
d
th
e
pr
o
p
o
s
e
d
Br
o
a
d
m
o
o
r
Aq
u
a
t
i
c
Fa
c
i
l
i
t
y
ex
c
e
e
d
s
th
e
35
—
f
o
o
t
hi
g
h
li
m
i
t
a
t
i
o
n
fo
r
R—
T
zo
n
e
d
no
n
-
m
i
x
e
d
us
e
bu
i
l
d
i
n
g
s
in
th
e
Br
o
a
d
m
o
o
r
La
n
d
Us
e
de
s
i
g
n
a
t
i
o
n
of
Mi
x
e
d
Re
s
i
d
e
n
t
i
a
l
an
d
Co
m
m
e
r
c
i
a
l
.
Th
e
in
i
t
i
a
l
re
v
i
e
w
cr
i
t
e
r
i
a
fo
r
co
n
s
i
d
e
r
i
n
g
a
re
z
o
n
e
ap
p
l
i
c
a
t
i
o
n
ar
e
ex
p
l
a
i
n
e
d
in
PM
C
.
25
2
1
0
.
0
3
0.
Th
e
cr
i
t
e
r
i
a
ar
e
li
s
t
e
d
be
l
o
w
as
fo
l
l
o
w
s
:
12
.
1
.
Th
e
da
t
e
th
e
ex
i
s
t
i
n
g
zo
n
e
be
c
a
m
e
ef
f
e
c
t
i
v
e
:
12
.
1
.
1
.
Th
e
su
b
j
e
c
t
pr
o
p
e
r
t
y
wa
s
an
n
e
x
e
d
in
t
o
th
e
Ci
t
y
vi
a
Or
d
i
n
a
n
c
e
23
8
8
in
19
8
2
,
wh
i
c
h
al
s
o
ad
o
p
t
e
d
th
e
R—
T
zo
n
i
n
g
de
s
i
g
n
a
t
i
o
n
as
s
i
g
n
e
d
vi
a
Re
s
o
l
u
t
i
o
n
13
9
6
.
12
.
2
.
Th
e
ch
a
n
g
e
d
co
n
d
i
t
i
o
n
s
,
wh
i
c
h
ar
e
al
l
e
g
e
d
to
wa
r
r
a
n
t
ot
h
e
r
or
ad
d
i
t
i
o
n
a
l
zo
n
i
n
g
:
12
.
2
.
1
.
Th
e
R—
T
di
s
t
r
i
c
t
is
in
t
e
n
d
e
d
to
be
ap
p
l
i
e
d
or
as
s
i
g
n
e
d
to
ar
e
a
s
th
a
t
ar
e
es
s
e
n
t
i
a
l
l
y
un
d
e
v
e
l
o
p
e
d
,
ho
w
e
v
e
r
,
ul
t
i
m
a
t
e
l
y
in
t
e
n
d
e
d
fo
r
su
b
u
r
b
a
n
or
ur
b
a
n
re
s
i
d
e
n
t
i
a
l
us
e
.
No
w
th
a
t
th
e
Ci
t
y
of
Pa
s
c
o
is
de
v
e
l
o
p
i
n
g
in
t
o
th
e
Br
o
a
d
m
o
o
r
ar
e
a
it
is
th
e
ap
p
r
o
p
r
i
a
t
e
ti
m
e
to
re
z
o
n
e
th
e
la
n
d
.
R—
T
is
no
t
a
zo
n
i
n
g
di
s
t
r
i
c
t
th
a
t
is
pe
r
m
i
t
t
e
d
in
th
e
su
b
j
e
c
t
pr
o
p
e
r
t
y
’
s
un
d
e
r
l
y
i
n
g
Br
o
a
d
m
o
o
r
La
n
d
Us
e
de
s
i
g
n
a
t
i
o
n
of
Mi
x
e
d
Re
s
i
d
e
n
t
i
a
l
an
d
Co
m
m
e
r
c
i
a
l
,
wh
i
l
e
MU
is
.
12
.
3
.
Fa
c
t
s
to
ju
s
t
i
f
y
th
e
ch
a
n
g
e
on
th
e
ba
s
i
s
of
ad
v
a
n
c
i
n
g
th
e
pu
b
l
i
c
he
a
l
t
h
,
sa
f
e
t
y
an
d
ge
n
e
r
a
l
we
l
f
a
r
e
:
12
.
3
.
1
.
Th
e
Mi
x
e
d
Re
s
i
d
e
n
t
i
a
l
an
d
Co
m
m
e
r
c
i
a
l
La
n
d
Us
e
de
s
i
g
n
a
t
i
o
n
al
l
o
w
s
Mi
x
e
d
re
s
i
d
e
n
t
i
a
l
an
d
co
m
m
e
r
c
i
a
l
(a
l
s
o
ca
l
l
e
d
Mi
x
e
d
—
U
s
e
in
th
e
Br
o
a
d
m
o
o
r
Ma
s
t
e
r
Pl
a
n
)
,
C—
l
,
R—
3
,
an
d
R—
4
zo
n
i
n
g
;
de
v
e
l
o
p
m
e
n
t
wi
t
h
a
hi
g
h
e
r
de
n
s
i
t
y
of
dw
e
l
l
i
n
g
un
i
t
s
pe
r
ac
r
e
th
a
n
th
e
ex
i
s
t
i
n
g
.2
d/
a
c
de
n
s
i
t
y
al
l
o
w
e
d
in
th
e
R—
T
zo
n
i
n
g
di
s
t
r
i
c
t
wi
l
l
he
l
p
re
d
u
c
e
ur
b
a
n
sp
r
a
w
l
an
d
in
c
r
e
a
s
e
ho
u
s
i
n
g
av
a
i
l
a
b
i
l
i
t
y
sh
o
u
l
d
th
i
s
pr
o
p
e
r
t
y
ch
o
o
s
e
to
de
v
e
l
o
p
wi
t
h
dw
e
l
l
i
n
g
s
in
th
e
fu
t
u
r
e
.
If
a
bu
i
l
d
i
n
g
is
no
t
mi
x
e
d
us
e
on
la
n
d
wi
t
h
a
Br
o
a
d
m
o
o
r
La
n
d
Us
e
de
s
i
g
n
a
t
i
o
n
of
Mi
x
e
d
Re
s
i
d
e
n
t
i
a
l
an
d
zo
n
e
s
go
v
e
r
n
m
e
n
t
us
e
s
ha
v
e
a
he
i
g
h
t
li
m
i
t
of
85
fe
e
t
.
Ta
l
l
e
r
bu
i
l
d
i
n
g
s
al
l
o
w
fo
r
mo
r
e
vi
s
u
a
l
ap
p
e
a
l
,
an
d
fo
r
a
hi
g
h
e
r
?o
o
r
-
a
r
e
a
—
r
a
t
i
o
wh
i
c
h
al
s
o
ca
n
po
t
e
n
t
i
a
l
l
y
re
d
u
c
e
sp
r
a
w
l
an
d
ve
h
i
c
l
e
mi
l
e
s
tr
a
v
e
l
e
d
.
Z
20
2
4
—
0
0
8
Br
o
a
d
m
o
o
r
Re
z
o
n
e
Pa
g
e
2
of
5
Page 273 of 434
13
.
14
.
15
.
16
.
17
.
18
.
19
.
21
.
12
.
3
.2
.
Th
e
re
z
o
n
e
ap
p
l
i
c
a
t
i
o
n
an
d
pr
o
p
o
s
a
l
ar
e
co
n
s
i
s
t
e
n
t
wi
t
h
th
e
Co
u
n
c
i
l
-
a
p
p
r
o
v
e
d
am
e
n
d
m
e
n
t
s
to
th
e
Pa
s
c
o
Co
m
p
r
e
h
e
n
s
i
v
e
Pl
a
n
,
wh
i
c
h
ha
s
be
e
n
de
t
e
r
m
i
n
e
d
to
be
in
th
e
be
s
t
in
t
e
r
e
s
t
of
ad
v
a
n
c
i
n
g
pu
b
l
i
c
he
a
l
t
h
,
sa
f
e
t
y
an
d
ge
n
e
r
a
l
we
l
f
a
r
e
of
th
e
co
m
m
u
n
i
t
y
.
12
.
4
.
Th
e
ef
f
e
c
t
it
wi
l
l
ha
v
e
on
th
e
va
l
u
e
an
d
ch
a
r
a
c
t
e
r
of
th
e
ad
j
a
c
e
n
t
pr
o
p
e
r
t
y
an
d
th
e
Co
m
p
r
e
h
e
n
s
i
v
e
Pl
a
n
:
12
.
4
.
1
.
Th
e
su
r
r
o
u
n
d
i
n
g
pr
o
p
e
r
t
i
e
s
ar
e
cu
r
r
e
n
t
l
y
un
d
e
v
e
l
o
p
e
d
or
us
e
d
in
su
r
f
a
c
e
mi
n
i
n
g
.
Th
e
re
z
o
n
e
wi
l
l
no
t
ha
v
e
an
y
ef
f
e
c
t
on
th
e
va
l
u
e
or
ch
a
r
a
c
t
e
r
of
ad
j
a
c
e
n
t
pr
o
p
e
r
t
i
e
s
.
It
is
ex
p
e
c
t
e
d
th
a
t
th
e
su
r
r
o
u
n
d
i
n
g
pr
o
p
e
r
t
i
e
s
zo
n
e
d
R—
T
wi
l
l
re
z
o
n
e
th
e
i
r
pr
o
p
e
r
t
i
e
s
wh
e
n
th
e
y
ch
o
o
s
e
to
de
v
e
l
o
p
.
12
.
5
.
Th
e
ef
f
e
c
t
on
th
e
pr
o
p
e
r
t
y
ow
n
e
r
or
ow
n
e
r
s
if
th
e
re
q
u
e
s
t
is
no
t
gr
a
n
t
e
d
:
12
.
5
.
1
.
If
th
e
re
z
o
n
e
is
no
t
gr
a
n
t
e
d
,
no
n
-
m
i
x
e
d
us
e
bu
i
l
d
i
n
g
s
pr
o
p
o
s
e
d
on
th
e
pr
o
p
e
r
t
y
wi
l
l
ha
v
e
to
ob
t
a
i
n
a
sp
e
c
i
a
l
pe
r
m
i
t
to
ex
c
e
e
d
th
e
35
-
f
o
o
t
he
i
g
h
t
li
m
i
t
in
th
e
R—
T
zo
n
e
pe
r
PM
C
25
.
2
5
.0
5
0
.
12
.
6
.
Th
e
Co
m
p
r
e
h
e
n
s
i
v
e
Pl
a
n
la
n
d
us
e
de
s
i
g
n
a
t
i
o
n
fo
r
th
e
pr
o
p
e
r
t
y
:
12
.
6
.
1
.
Th
e
Mi
x
e
d
Re
s
i
d
e
n
t
i
a
l
an
d
Co
m
m
e
r
c
i
a
l
La
n
d
Us
e
de
s
i
g
n
a
t
i
o
n
pe
r
m
i
t
s
Mi
x
e
d
re
s
i
d
e
n
t
i
a
l
an
d
co
m
m
e
r
c
i
a
l
(a
l
s
o
ca
l
l
e
d
Mi
x
e
d
—
U
s
e
in
th
e
Br
o
a
d
m
o
o
r
Ma
s
t
e
r
Pl
a
n
)
,
C—
l
,
R—
3
,
an
d
R—
4
zo
n
i
n
g
;
th
e
ex
i
s
t
i
n
g
R—
T
zo
n
i
n
g
is
no
t
in
co
m
p
l
i
a
n
c
e
wi
t
h
th
e
Co
m
p
r
e
h
e
n
s
i
v
e
Pl
a
n
or
Br
o
a
d
m
o
o
r
Ma
s
t
e
r
Pl
a
n
.
12
.
7
.
Su
c
h
ot
h
e
r
in
f
o
r
m
a
t
i
o
n
as
th
e
He
a
r
i
n
g
Ex
a
m
i
n
e
r
re
q
u
i
r
e
s
:
12
.
7
.
1
.
Th
e
re
z
o
n
e
ap
p
l
i
c
a
t
i
o
n
is
co
n
s
i
s
t
e
n
t
wi
t
h
an
d
me
e
t
s
th
e
in
t
e
n
t
of
th
e
Co
m
p
r
e
h
e
n
s
i
v
e
Pl
a
n
,
an
d
Ci
t
y
Co
u
n
c
i
l
Go
a
l
s
.
Th
e
Ap
p
l
i
c
a
t
i
o
n
fo
r
Re
z
o
n
e
,
Z2
0
2
4
—
0
0
8
,
wa
s
su
b
m
i
t
t
e
d
on
Oc
t
o
b
e
r
24
,
20
2
4
Th
e
SE
P
A
En
v
i
r
o
n
m
e
n
t
a
l
Ch
e
c
k
l
i
s
t
,
SE
P
A
2
0
2
4
-
0
6
1
,
wa
s
su
b
m
i
t
t
e
d
on
Oc
t
o
b
e
r
30
,
20
2
4
.
Ap
p
l
i
c
a
t
i
o
n
De
t
e
r
m
i
n
e
d
to
be
Co
m
p
l
e
t
e
on
No
v
e
m
b
e
r
6,
20
2
4
.
Ap
p
l
i
c
a
n
t
pr
o
p
o
s
e
s
to
re
z
o
n
e
Pa
r
c
e
l
11
5
-
2
1
0
—
2
1
9
fr
o
m
R—
T
Re
s
i
d
e
n
t
i
a
l
Tr
a
n
s
i
t
i
o
n
to
MU
Mi
x
e
d
-
U
s
e
Th
e
su
b
j
e
c
t
pr
o
p
e
r
t
y
wa
s
as
s
i
g
n
e
d
R—
T
Re
s
i
d
e
n
t
i
a
l
Tr
a
n
s
i
t
i
o
n
zo
n
i
n
g
in
19
8
2
vi
a
Or
d
i
n
a
n
c
e
23
8
8
,
wh
i
c
h
ad
o
p
t
e
d
th
e
zo
n
i
n
g
de
s
i
g
n
a
t
i
o
n
as
s
i
g
n
e
d
vi
a
Re
s
o
l
u
t
i
o
n
13
9
6
.
Th
e
su
b
j
e
c
t
pr
o
p
e
r
t
y
is
13
ac
r
e
s
in
si
z
e
an
d
ar
e
un
d
e
v
e
l
o
p
e
d
.
Th
e
Br
o
a
d
m
o
o
r
Ma
s
t
e
r
Pl
a
n
Br
o
a
d
m
o
o
r
La
n
d
Us
e
de
s
i
g
n
a
t
i
o
n
fo
r
th
e
su
b
j
e
c
t
pr
o
p
e
r
t
y
is
Mi
x
e
d
Re
s
i
d
e
n
t
i
a
l
an
d
Co
m
m
e
r
c
i
a
l
.
A
No
t
i
c
e
of
Ap
p
l
i
c
a
t
i
o
n
wi
t
h
Op
t
i
o
n
a
l
SE
P
A
De
t
e
r
m
i
n
a
t
i
o
n
of
No
n
-
S
i
g
n
i
?
c
a
n
c
e
wa
s
is
s
u
e
d
on
No
v
e
m
b
e
r
10
,
20
2
4
.
Th
e
NO
A
/
O
D
N
S
wa
s
po
s
t
e
d
on
th
e
Ci
t
y
of
Pa
s
c
o
we
b
s
i
t
e
,
th
e
SE
P
A
Re
g
i
s
t
e
r
we
b
s
i
t
e
,
an
d
on
Pa
r
c
e
l
11
5
2
1
0
2
1
5
wh
i
c
h
fr
o
n
t
s
on
Ha
r
r
i
s
Ro
a
d
,
th
e
cl
o
s
e
s
t
pu
b
l
i
c
ro
a
d
to
th
e
su
b
j
e
c
t
pr
o
p
e
r
t
y
.
Th
e
NO
A
/
O
D
N
S
wa
s
al
s
o
ma
i
l
e
d
to
pr
o
p
e
r
t
y
ow
n
e
r
s
of
pr
o
p
e
r
t
y
wi
t
h
i
n
30
0
fe
e
t
of
th
e
su
b
j
e
c
t
pr
o
p
e
r
t
y
.
A
SE
P
A
DN
S
wa
s
is
s
u
e
d
fo
r
SE
P
A
2
0
2
4
—
0
3
7
on
No
v
e
m
b
e
r
26
,
20
2
4
.
Z
20
2
4
-
0
0
8
Br
o
a
d
m
o
o
r
Re
z
o
n
e
Pa
g
e
3
of
5
Page 274 of 434
22
.
Pu
b
l
i
c
No
t
i
c
e
of
th
i
s
he
a
r
i
n
g
wa
s
se
n
t
to
pr
o
p
e
r
t
y
ow
n
e
r
s
wi
t
h
i
n
30
0
fe
e
t
of
th
e
pr
o
p
e
r
t
y
an
d
to
pa
r
t
i
e
s
of
re
c
o
r
d
on
No
v
e
m
b
e
r
25
,
20
2
4
,
a
n
d
pu
b
l
i
s
h
e
d
in
th
e
Tr
i
-
C
i
t
y
He
r
a
l
d
ne
w
s
p
a
p
e
r
on
No
v
e
m
b
e
r
27
,
20
2
4
.
23
.
Be
f
o
r
e
re
c
o
m
m
e
n
d
i
n
g
ap
p
r
o
v
a
l
or
de
n
i
a
l
of
a
re
z
o
n
e
,
th
e
He
a
r
i
n
g
Ex
a
m
i
n
e
r
mu
s
t
de
v
e
l
o
p
?n
d
i
n
g
s
of
fa
c
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23
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23
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ch
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23
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23
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.
23
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.
Th
e
ef
f
e
c
t
of
th
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pr
o
p
o
s
a
l
on
th
e
im
m
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d
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c
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n
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t
y
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l
no
t
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n
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l
.
23
.
2
.
1
.
Th
i
s
ap
p
l
i
c
a
t
i
o
n
fo
r
re
z
o
n
e
wi
l
l
no
t
be
ma
t
e
r
i
a
l
l
y
de
t
r
i
m
e
n
t
a
l
to
th
e
im
m
e
d
i
a
t
e
vi
c
i
n
i
t
y
as
pr
o
p
e
r
t
i
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s
in
th
e
im
m
e
d
i
a
t
e
vi
c
i
n
i
t
y
ar
e
un
d
e
v
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l
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p
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d
an
d
us
e
s
al
l
o
w
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d
if
th
e
pr
o
p
e
r
t
y
is
re
z
o
n
e
d
or
re
t
a
i
n
s
cu
r
r
e
n
t
zo
n
i
n
g
ar
e
no
t
go
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r
n
e
d
by
th
e
un
d
e
r
l
y
i
n
g
zo
n
i
n
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so
to
a
si
g
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i
?
c
a
n
t
de
g
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e
e
,
bu
t
by
th
e
Br
o
a
d
m
o
o
r
La
n
d
Us
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de
s
i
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n
a
t
i
o
n
,
wh
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h
wi
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re
m
a
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un
c
h
a
n
g
e
d
.
23
.
3
.
Th
e
r
e
is
me
r
i
t
an
d
va
l
u
e
in
th
e
pr
o
p
o
s
a
l
fo
r
th
e
co
m
m
u
n
i
t
y
as
a
wh
o
l
e
.
23
.
3
.
1
.
Th
e
pr
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p
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s
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d
zo
n
i
n
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de
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g
n
a
t
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o
n
is
co
n
s
i
s
t
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n
t
wi
t
h
th
e
Co
m
p
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h
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a
n
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n
d
,
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o
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t
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a
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an
d
th
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Go
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d
Po
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Ci
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n
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.
Th
e
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o
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s
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th
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to
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t
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o
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m
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a
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t
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a
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a
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Di
s
t
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i
c
t
ar
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a
.
23
.
4
.
Co
n
d
i
t
i
o
n
s
sh
o
u
l
d
be
im
p
o
s
e
d
in
or
d
e
r
to
mi
t
i
g
a
t
e
an
y
si
g
n
i
?
c
a
n
t
ad
v
e
r
s
e
im
p
a
c
t
s
fr
o
m
th
e
pr
o
p
o
s
a
l
.
23
.
4
.
1
.
Th
e
re
z
o
n
e
ap
p
l
i
c
a
t
i
o
n
an
d
an
y
fu
t
u
r
e
si
t
e
de
v
e
l
o
p
m
e
n
t
ar
e
su
b
j
e
c
t
to
th
e
re
g
u
l
a
t
i
o
n
s
an
d
re
q
u
i
r
e
m
e
n
t
s
of
th
e
Pa
s
c
o
Mu
n
i
c
i
p
a
l
Co
d
e
an
d
th
e
Ci
t
y
of
Pa
s
c
o
De
s
i
g
n
an
d
Co
n
s
t
r
u
c
t
i
o
n
St
a
n
d
a
r
d
s
.
As
su
c
h
,
no
co
n
d
i
t
i
o
n
s
sh
o
u
l
d
be
im
p
o
s
e
d
;
an
y
fu
t
u
r
e
de
v
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l
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p
m
e
n
t
wi
l
l
be
ev
a
l
u
a
t
e
d
fo
r
si
g
n
i
?
c
a
n
t
ad
v
e
r
s
e
im
p
a
c
t
s
at
th
e
ti
m
e
of
a
de
v
e
l
o
p
m
e
n
t
ap
p
l
i
c
a
t
i
o
n
.
23
.
5
.
A
Co
n
c
o
m
i
t
a
n
t
Ag
r
e
e
m
e
n
t
sh
o
u
l
d
be
en
t
e
r
e
d
in
t
o
be
t
w
e
e
n
th
e
Ci
t
y
an
d
th
e
pe
t
i
t
i
o
n
e
r
,
an
d
if
so
,
th
e
te
r
m
s
an
d
co
n
d
i
t
i
o
n
s
of
su
c
h
an
ag
r
e
e
m
e
n
t
.
24
.
An
op
e
n
re
c
o
r
d
pu
b
l
i
c
he
a
r
i
n
g
wa
s
he
l
d
,
af
t
e
r
le
g
a
l
no
t
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c
e
,
on
De
c
e
m
b
e
r
11
,
20
2
4
.
Z
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-
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8
Br
o
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d
m
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o
r
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Pa
g
e
4
of
5
Page 275 of 434
25
.
-
A
p
p
e
a
r
i
n
g
an
d
te
s
t
i
f
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i
n
g
on
be
h
a
l
f
of
th
e
Ap
p
l
i
c
a
n
t
wa
s
Ma
t
t
Wa
t
k
i
n
s
.
Mr
.
Wa
t
k
i
n
s
is
th
e
ex
e
c
u
t
i
v
e
di
r
e
c
t
o
r
of
th
e
Pa
s
c
o
Pu
b
l
i
c
Fa
c
i
l
i
t
i
e
s
Di
s
t
r
i
c
t
.
Mr
.
Wa
t
k
i
n
s
in
d
i
c
a
t
e
d
th
a
t
th
e
ap
p
l
i
c
a
n
t
ag
r
e
e
d
wi
t
h
al
l
of
th
e
re
p
r
e
s
e
n
t
a
t
i
o
n
s
se
t
fo
r
t
h
wi
t
h
i
n
th
e
st
a
f
f
re
p
o
r
t
.
26
.
No
me
m
b
e
r
of
th
e
pu
b
l
i
c
te
s
t
i
?
e
d
at
th
i
s
he
a
r
i
n
g
.
27
.
Th
e
en
t
i
r
e
pl
a
n
n
i
n
g
st
a
f
f
?l
e
wa
s
ad
m
i
t
t
e
d
in
t
o
th
e
re
c
o
r
d
.
28
.
Th
e
Ci
t
y
of
Pa
s
c
o
He
a
r
i
n
g
Ex
a
m
i
n
e
r
co
n
s
i
d
e
r
e
d
al
l
ev
i
d
e
n
c
e
wi
t
h
i
n
th
e
re
c
o
r
d
in
re
n
d
e
r
n
g
th
i
s
de
c
i
s
i
o
n
.
29
.
An
y
Co
n
c
l
u
s
i
o
n
of
La
w
th
a
t
is
mo
r
e
co
r
r
e
c
t
l
y
a
Fi
n
d
i
n
g
of
Fa
c
t
is
he
r
e
b
y
in
c
o
r
p
o
r
a
t
e
d
as
su
c
h
by
th
i
s
re
f
e
r
e
n
c
e
.
II
.
RE
C
O
M
N
I
E
N
D
E
D
C
O
N
C
L
U
S
I
O
N
S
OF
LA
W
1.
Th
e
He
a
r
i
n
g
Ex
a
m
i
n
e
r
ha
s
be
e
n
gr
a
n
t
e
d
th
e
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t
h
o
r
i
t
y
to
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n
d
e
r
th
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s
de
c
i
s
i
o
n
2.
As
co
n
d
i
t
i
o
n
e
d
,
th
i
s
pr
o
j
e
c
t
is
co
n
s
i
s
t
e
n
t
wi
t
h
th
e
Pa
s
c
o
Co
m
p
r
e
h
e
n
s
i
v
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a
n
an
d
Pa
s
c
o
Mu
n
i
c
i
p
a
l
Co
d
e
.
3.
An
y
Fi
n
d
i
n
g
of
Fa
c
t
th
a
t
is
mo
r
e
co
r
r
e
c
t
l
y
a
Co
n
c
l
u
s
i
o
n
of
La
w
is
he
r
e
b
y
in
c
o
r
p
o
r
a
t
e
d
as
su
c
h
by
th
i
s
re
f
e
r
e
n
c
e
.
II
I
.
DE
C
I
S
I
O
N
Ba
s
e
d
on
th
e
ab
o
v
e
Fi
n
d
i
n
g
s
of
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c
t
an
d
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n
c
l
u
s
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o
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s
of
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w
,
Z
20
2
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5
of
5
Page 276 of 434
"Exhibit B"Applicant(s):Pasco PFD c/o Matt Watkins
File #2 Z 2024-008
Item:Broadmoor Aquatic Facility R-T to MU Rezone
V
10m$>1.c70agedford\?mm DMo 5 -5 IBRO/MDMOO\BLVD
St Thomas
H A P
I—L—L—B-E
warm];Ges e n
I 330 650 1,300 2,000 2,600
II:_—|
Feet
.'DW?00::AIIII","eeELG
Pa
g
e
2
7
7
o
f
4
3
4
REPORT TO HEARING EXAMINER
PUBLIC HEARING
City Hall – 525 North Third Avenue – Council Chambers
WEDNESDAY, 11 December 2024
6:00 PM
1
MASTER FILE #: Z 2024-008
APPLICANT: Matt Watkins, Pasco Public Facilities District
PO Box 293
Pasco, WA 99301
REQUEST: REZONE: Approximately 13 acres of land from zoning
district R-T Residential Transition to MU Mixed-Use.
TIMELINE
October 24, 2024 Rezone Application, Z2024-008, Submitted
October 29, 2024 Determination of Incomplete Application Issued
October 30, 2024 SEPA Checklist, SEPA 2024-061, Submitted
November 6, 2024 Determination of Complete Application Issued
November 7, 2024 Notice of Application with Optional SEPA Determination of Non-
Significance (NOA/ODNS) dated November 10, 2024 was posted on
the City of Pasco website and mailed to properties within 300 feet
of subject property
November 8, 2024 NOA/ODNS posted on-site on subject property
November 10, 2024 NOA/ODNS published in Tri-City Herald Newspaper and posted on
SEPA Register website.
November 14, 2024 Public Comment received from Bonneville Power Administration
(BPA)
November 21, 2024 Public Comment received from Basin Disposal
November 25, 2024 Notice of Public Hearing for Z2024-008 scheduled for December 11,
2024, was posted on the City of Pasco website and mailed to
properties within 300 feet of proposed rezone.
November 26, 2024 SEPA Determination of Non-Significance Issued for SEPA 2024-061,
posted on SEPA Register and distributed to Parties of Record.
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November 27, 2024 Notice of Public Hearing scheduled for December 11, 2024, was
published in the Tri-City Herald Newspaper
PROPERTY BACKGROUND
1. PROPERTY DESCRIPTION:
Parcel Number: 115-210-219
Abbreviated Legal: NEW LOT 34 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN
VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY
AUDITOR'S FILE NUMBER 1989509.
General Location: Located in the East Half of the Southeast Quarter of Section 7,
Township 9 North, Range 29 East of the Willamette Meridian. West of Road 108 right-of-
way; North of Highway 182.
Property Size: 13 acres.
2. ACCESS: The property fronts on the right-of-way for Road 108 to the east and on an un-
named Public Road easement to the west. No public roads to this property have yet been
constructed.
3. UTILITIES: Municipal sewer is available from the west in an un-named Public Road
easement. Municipal water would have to be brought north from the vicinity of the Harris
Road and Road 108 intersection.
4. LAND USE AND ZONING: The subject property is zoned R-T Residential Transition and are
undeveloped. Surrounding properties are zoned and developed as follows:
North: R-T Residential Transition; undeveloped
East: C-1 Retail Business; undeveloped
South: R-T Residential Transition; undeveloped
West: R-T Residential Transition; surface mining operation
5. COMPREHENSIVE PLAN: The subject property is located in the Broadmoor Overlay
District. The City of Pasco Comprehensive Plan cites the Broadmoor Area Master Plan as
a tool/document to implement the Elements of the Comprehensive Plan.
6. BROADMOOR MASTER PLAN: The Broadmoor Land Use designation for the subject
property is Mixed Residential and Commercial, a land use intended to create a sense of
community by increasing the interaction among different types of uses, such as
residential, commercial, and office, and promoting pedestrian friendly environments
within neighborhoods. The Broadmoor Overlay District regulates development in
accordance with the policy and objectives of the Broadmoor Master Plan via PMC Chapter
25.97. Per PMC 25.97.040 Mixed Residential and Commercial (also called Mixed-Use in
the Broadmoor Master Plan), C-1, R-3, and R-4 zoning are the only zoning districts
permitted in the Mixed Residential and Commercial Land Use designation.
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7. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project.
Based on the State Environmental Policy Act (SEPA) checklist , SEPA2024-061,
Comprehensive Plan, applicable regulations, and other information, a threshold
determination resulting in a Determination of Non‐Significance (DNS) for this project was
issued on November 26, 2024, under WAC 197‐11‐158.
ANALYSIS
Request
Matt Watkins of the Pasco Public Facilities District submitted a SEPA checklist, SEPA2024 -061,
and Rezone Application, Z2024-008, to rezone approximately 13 acres of land from R-T
Residential Transition to MU Mixed-Use as the R-T zoning district. The rezone request was
initiated because R-T is not incompliance with the Comprehensive Plan Land Use Designation of
Mixed Residential and Commercial, while MU zoning is in compliance; R-T is a zoning district that
is most appropriate to undeveloped property, and the proposed Broadmoor Aquatic Facility
exceeds the 35-foot high limitation for R-T zoned non-mixed use buildings in the Broadmoor Land
Use designation of Mixed Residential and Commercial.
Rezone Criteria
The initial review criteria for considering a rezone application are explained in PMC. 25.210.030.
The criteria are listed below as follows:
1. The date the existing zone became effective:
The subject property was annexed into the City via Ordinance 2388 in 1982, which also adopted
the R-T zoning designation assigned via Resolution 1396.
2. The changed conditions, which are alleged to warr ant other or additional zoning:
The R-T district is intended to be applied or assigned to areas that are essentially undeveloped,
however, ultimately intended for suburban or urban residential use. Now that the City of Pasco
is developing into the Broadmoor area it is the appropriate time to rezone the land. R-T is not a
zoning district that is permitted in the subject property’s underlying Broadmoor Land Use
designation of Mixed Residential and Commercial, while MU is.
3. Facts to justify the change on the basis of advancing the public health, safety and
general welfare:
The Mixed Residential and Commercial Land Use designation allows Mixed residential and
commercial (also called Mixed-Use in the Broadmoor Master Plan), C-1, R-3, and R-4 zoning;
development with a higher density of dwelling units per acre than the existing .2 d/ac density
allowed in the R-T zoning district will help reduce urban sprawl and increase housing availability
should this property choose to develop with dwellings in the future. If a building is not mixed use
on land with a Broadmoor Land Use designation of Mixed Residential and Commercial the height
of buildings is regulated by the underlying zone of the property. R-T has a height limit of 35 feet.
In the MU zones commercial, office, education and government uses have a height limit of 85
feet. Taller buildings allow for more visual appeal, and for a higher floor-area-ratio which also
can potentially reduce sprawl and vehicle miles traveled.
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The rezone application and proposal are consistent with the Council-approved amendments to
the Pasco Comprehensive Plan, which has been determined to be in the best interest of
advancing public health, safety and general welfare of the community.
4. The effect it will have on the value and character of the adjacent prope rty and the
Comprehensive Plan:
The surrounding properties are currently undeveloped or used in surface mining. The rezone will
not have any effect on the value or character of adjacent properties. It is expected that the
surrounding properties zoned R-T will rezone their properties when they choose to develop.
5. The effect on the property owner or owners if the request is not granted:
If the rezone is not granted, non-mixed use buildings proposed on the property will have to obtain
a special permit to exceed the 35-foot height limit in the R-T zone per PMC 25.25.050.
6. The Comprehensive Plan land use designation for the property :
The Mixed Residential and Commercial Land Use designation permits Mixed residential and
commercial (also called Mixed-Use in the Broadmoor Master Plan), C-1, R-3, and R-4 zoning; the
existing R-T zoning is not in compliance with the Comprehensive Plan or Broadmoor Master Plan.
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.
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. The Application for Rezone, Z2024-008, was submitted on October 24, 2024
2. The SEPA Environmental Checklist, SEPA2024-061, was submitted on October 30, 2024.
3. Application Determined to be Complete on November 6, 2024.
4. Applicant proposes to rezone Parcel 115-210-219 from R-T Residential Transition to MU
Mixed-Use The subject property was assigned R-T Residential Transition zoning in 1982
via Ordinance 2388, which adopted the zoning designation assigned via Resolution 1396.
5. The subject property is 13 acres in size and are undeveloped.
6. The Broadmoor Master Plan Broadmoor Land Use designation for the subject property is
Mixed Residential and Commercial.
7. A Notice of Application with Optional SEPA Determination of Non-Significance was issued
on November 10, 2024. The NOA/ODNS was posted on the City of Pasco website, the
SEPA Register website, and on Parcel 115210215 which fronts on Harris Road, the closest
public road to the subject property. The NOA/ODNS was also mailed to property owners
of property within 300 feet of the subject property.
8. Public Comment was received from Basin Disposal and BPA.
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9. A SEPA DNS was issued for SEPA2024-037 on November 26, 2024.
10. Public Notice of this hearing was sent to property owners within 300 feet of the property
and to parties of record on November 25, 2024,and published in the Tri-City Herald
newspaper on November 27, 2024.
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 Broadmoor Master Plan designates the subject property’s land use as Mixed Residential and
Commercial. A change in zoning would be consistent with the Broadmoor Master Plan as R-T
zoning is not a designation allowed in Mixed Residential and Commercial Land Uses.
Land Use Policy LU-4-F: Support mixed use, smart growth, infill, and compact developments
with transit and pedestrian amenities that promote a healthy community.
The current zoning limits principal buildings to 35 feet in height. In the MU zones
commercial, office, education and government uses have a height limit of 85 feet. Taller
buildings allow for more visual appeal, and for a higher floor-area-ratio which also can
potentially reduce sprawl and vehicle miles traveled.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
This application for rezone will not be materially detrimental to the immediate vicinity as
properties in the immediate vicinity are undeveloped and uses allowed if the property is rezoned
or retains current zoning are not governed by the underlying zoning so to a significant degree,
but by the Broadmoor Land Use designation, which will remain unchanged.
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, Broadmoor
Master Plan and the Goals and Policies as adopted by the Pasco City Council . The Broadmoor
Master Plan is the document that is intended to guide future development in the Broadmoor
Area, following the plan should increase the value and functionality of the Broadmoor Overly
District area.
4. Conditions should be imposed in order to mitigate any significant adverse impacts from
the proposal.
The rezone application and any future site development 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.
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.
No Concomitant Agreement is considered necessary for this application.
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RECOMMENDATION
Staff recommends based on the Findings of Fact and Conclusions herein, that Parcel 115-210-219
be rezoned from R-T Residential Transition to MU Mixed-Use.
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Community & Economic Development Department Fee: $825
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
Updated July 2019
CITY OF PASCO
PETITION FOR ZONE CHANGE
INITIATION OF AMENDMENTS: Zoning Map:
1. Any person, firm, corporation, group of individuals, or municipal department may petition
for a zone change with the following exceptions:
i. If the person, firm, corporation or group of individuals does not have legal
ownership of the parcel of land under consideration for rezoning, the petition
shall not be accepted. All petitions submitted must contain the notarized
signature of the legal owner of the property. The legal owner is considered to be
the owner of record.
ii. A person, firm, corporation of group of individuals may not submit, in any one
year, more than one petition requesting a zone change from the property’s
present zone to another particular zone for the same parcel of land, provided,
within the one year period, a person, firm, corporation or group of individuals
may submit another petition requesting a zone change from the property’s
present zone to a zone other than the zone previously requested in the earlier
petition.
2. The City Council, upon its own motion, may request the Planning Commission hold an open
record hearing on the reclassification of a parcel or parcels of property.
3. The Planning Commission may initiate an open record hearing on the reclassification of a
parcel or parcels of property.
CONFLICT WITH COMPREHENSIVE PLAN: In the event any proposed amendment, supplement,
change to or repeal of Chapters 25.04 through 25.88 is in conflict with the Comprehensive Plan, said
amendment or change shall not be entertained until and if the comprehensive plan is amended.
REQUIREMENTS:
1. Fee of $825 ($700 application fee + $75 SEPA fee + $50 radius notification fee)
2. Completed SEPA form
3. The property owner’s notarized signature acknowledging the application
PUBLIC HEARING: After completion of an open record hearing on a petition for reclassification of the
property, the Hearing Examiner shall make and enter findings from the records and conclusions
thereof which support its recommendation and find whether or not:
a. The proposal is in accord with the goals and policies of the comprehensive plan;
b. The effect of the proposal on the immediate vicinity will be materially detrimental;
c. There is merit and value in the proposal for the community as a whole;
Page 288 of 434
d. Conditions should be imposed in order to mitigate any significant adverse impacts from the
proposal;
e. A concomitant agreement should be entered into between the City and the petitioner, and
if so, the terms and conditions of such an agreement;
The Hearing Examiner shall render his/her recommendation to approve, approve with modifications
and/or conditions, or reject the petition based on its findings and conclusions. The Hearing Examiner’s
recommendation, to include his/her findings and conclusions, shall be forwarded to the City Council
at a regular business meeting thereof.
CITY COUNCIL: Unless a proper and timely appeal is filed or the City Council by majority vote deems
further review is necessary, the recommendation of the Hearing Examiner shall be effected by proper
action of the City Council without further review.
CONCOMITANT AGREEMENT: The City may enter into an agreement with the petitioner whereby the
City will grant the requested zone change conditioned upon the petitioner entering into a covenant
with the City restricting the use and/or development of the subject property. Provisions of the
agreement may relate to any or all of the following aspects of the use of petitioner's property:
a. Setback.
b. Use of building or property.
c. Type of business.
d. Height of building.
e. Size of building.
f. Size of subdivision of property.
g. Density.
h. Landscape.
i. Street, sidewalk and curb improvement and easements and rights-of-way for such.
j. Public utility improvements and easements and rights-of-way for such.
k. Time frame for commencement or completion of the proposed construction or
development. In the event a concomitant agreement includes a specified time frame for the
proposed development, it may further provide that failure to conform to the specified time
frame shall cause the zone change granted therein to revert to the zone existing
immediately prior to said zone change.
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Community & Economic Development Department Fee: $825
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
Updated July 2019
CITY OF PASCO
PETITION FOR ZONE CHANGE
Master File # ______________ Date Submitted: ______________
Applicant Info Owner Info
(if different than applicant)
Name:
Name:
Address:
Address:
Phone:
Phone:
Email: Email:
Project Address: _____________________________________________________________________
Project Parcel Number: _______________________________________________________________
Current Zoning: _____________________________________________________________________
Requested Zoning: ___________________________________________________________________
Describe the nature and effect of the proposed change: _____________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
Estimated time frame of development: __________________________________________________
__________________________________________________________________________________
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What conditions warrant the proposed rezone? ________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
How will the proposed rezone advance the health, safety, and general welfare of the community?
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
What effect will the proposed change have on the value and character of adjacent property?
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
How does the proposed rezone relate to the City’s Comprehensive Plan? _______________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
What effect will be realized by the owner(s) if the proposed rezone is not granted? _______________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
NOTE: Provide a variance report giving a list and mailing address of owners of all property within 300
feet of the applicant’s property, as shown by a local title company OR payment of $50.00 which shall
be utilized by the City to obtain a current list of property owners of all properties within 300 feet of
the applicant’s property.
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Community & Economic Development Department Fee: $825
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
Updated July 2019
Fee for Rezone - $700.00
Environmental Checklist - $ 75.00
Radius Notification - $ 50.00
$825.00
SEPA Checklist Site map Fee of $825
__________________________________________
Signature of Applicant
__________________________________________
*Notarized Signature of Property Owner
State of Washington )
ss.
County of Franklin )
On this _____day of ______________, ________, before me the undersigned, a Notary Public in and
for the State of Washington, duly commissioned an sworn, personally appeared
__________________________________being duly sworn on his/her oath that he/she has prepared
and read the foregoing statements and has acknowledged to me that the recitations contained
therein are true, and has signed this instrument as his/her free and voluntary act and deed for the
purposes therein mentioned.
SUBSCRIBED AND SWORN to before me this _____day of ______________, ________.
________________________________________________
Notary Public in and for the State of Washington
Residing at _________________________
My Commission expires________________________
Page 292 of 434
Community & Economic Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441
DETERMINATION OF INCOMPLETE APPLICATION
FILE #: Z2024-008
APPLICANT: Pasco Public Facilities District
c/o Matt Watkins
525 N 3rd Ave.
Pasco, WA 99301
PROPOSAL: Pasco Aquatic Center RT to MU
PMC 4.02.060 (1) requires the City to provide a written determination of a complete or incomplete
application within 28 days from initial submittal. Submittal of application was received by the City on
October 24, 2024.
The following items are missing from the application and must be submitted to be considered complete
for processing:
1. Notarized Signature. The re-zone application must be signed and notarized. City Administrative
Staff can notarize the application at the Planning Division on the 2nd floor of City Hall/525 N 3rd
Ave, Pasco, WA 99301 at no charge.
2. SEPA Checklist. Please let us know if you are revising your existing SEPA Checklist submittal to
include the rezone or if you are submitting a separate SEPA Checklist for the rezone.
3. Fees. Fees can be paid in person at the Permits counter on the first flood of City Hall, or a check
mailed to City of Pasco Attn Planning Division PO Box 293, Pasco WA 99301.
If you are not submitting a new SEPA Checklist, merely revising SEPA2024-047, the $75 Checklist
Review Fee below does not apply to you. If you are providing the list of addresses from the
County Tax Assessor for the 300’ radius notification the $50 fee does not apply to you.
a. Rezone Application Fee: $700
b. SEPA Checklist Review Fee: $75
c. Radius Notification Addresses not provided by the Applicant: $50
Questions can be addressed to the Pasco Community & Economic Development Department at (509)
544-4140 or to ballardj@pasco-wa.gov referencing the file # above.
Thank you
Jennifer Ballard
Senior Planner
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Community & Economic Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
CITY OF PASCO
DETERMINATION OF COMPLETENESS
This notice is required by RCW 36.70B.070
FILE #s: Z2024-008/SEPA2024-61
TYPE OF APPLICATION: Rezone/SEPA Environmental Checklist
APPLICANT: Matt Watkins
Pasco Public Facilities District
525 N 3rd Ave.
Pasco, WA 99301
PROJECT NAME: Pasco Aquatic Center RT to MU
It has been determined that your application for a rezone and accompanying SEPA Environmental
Checklist is complete for processing by the City of Pasco. These materials will be dispersed to City
departments and affected agencies for review and comment.
Though the application is sufficient for continued processing, additional information may be required, or
project modifications may occur. Issuance of this notice shall not preclude the City of Pasco from
requesting additional information or studies if new or additional information is required or a change in
the proposal occurs.
A final decision on this application has not been made.
A public hearing will be held by the City of Pasco hearing examiner after which a recommendation will be
made to the Pasco City Council. The City Council will make a final decision regarding this rezone
application.
Date Issued: 11/6/2024____________
Staff Contact: Jennifer B. Ballard, CFM, AICP
Senior Planner, Community and Economic Development
509.544.4140/ballardj@pasco-wa.gov
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Affidavit of Mailing
In regards to MF# Z2024-008
I, Carmen Patrick, hereby confirm that notification was sent by mail November 7, 2024 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 7th day, November of 2024 .
~M&~Ju
Representative's Signature
Page 302 of 434
City 1d asco Community De\elopment Dep,irtnwnt
PO Box 293,525 N 3 Ave, Pa,co WA 9'.:!301
P. 509 545.3441 / F. 509 545 349':!
NOTICE OF APPLICATION/SEPA DNS DETERMINATION
(Optional DNS Process)
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.
Notice is hereby given on 11/10/2024 that the application/proposal described in this notice has
been filed with the City of Pasco Community and Economic Development Department (CED).
Proposal: Matt Watkins of the Pasco Public Facilities District submitted a SEPA checklist,
SEPA2024-061, and Rezone Application, 22024-008, to rezone approximately 13 acres of land
from R-T Residential Transition to MU Mixed-Use as the R-T zoning district is not incompliance
with the Comprehensive Plan Land Use Designation of Mixed Residential Commercial, while MU
zoning is in compliance.
Location: The subject property is generally located at Parcel # 115210045, north of 1-182, and
fronts on the future extension of Road 108 in Pasco, WA 99301.
Application submittal date: 10/24/2024
Date that application was determined to be substantially complete: 11/6/2024
Public Comment Period: Any interested party may comment on this application. Written
comments must be submitted to CED by 9AM 11/25/2024 via email to planning@pasco -
wa .gov ; via mail to PO BOX, 293 Pasco, WA 99301; or in person to the CED Planning Division at
525 N 3rd Ave, Pasco, WA 99301.
Open Record Hearing & Future Notice: A public hearing will be required and be noticed at a
future date. The SEPA determination will be established administratively by the Pasco SEPA
Administrator. Any interested party may request to receive notice of or participate in any
future hearings, received a copy of decisions or appeal said decisions. Please make your request
to the CED via the above contact information.
Preliminary Determination of Regulations Used for Project Mitigation: To evaluate the impacts
of the proposed project, the following may be used for mitigation, consistency, and the
development of findings and conclusions:
a Pasco Municipal Code (PMC) Title 23 Environmental Impact, Title 25 Zoning, and the land
use policies contained in the Pasco Comprehensive Plan;
a Regulations of the Washington State Department of Fish and Wildlife, Washington State
Department of Ecology, and Washington State Department of Natural Resources;
a Other required agency evaluations, approvals, permits, and mitigations as necessary .
The following documents are hereby incorporated by reference, and all or part of the
documents may be used to evaluate the application/proposal:
• SEPA Environmental Checklist, SEPA2024-061, dated 10/22/2024
• Rezone Application, 22024-008, dated 10/30/2024
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It is probable that a Determination of Non-Significance or Mitigated Determination of Non-
Significance will be issued for this proposal (WAC 197.11.355 optional DNS process). This may be
the only opportunity to comment on the environmental impacts of this proposal or to appeal any
State Environmental Policy Act related decisions. A copy of the subsequent threshold
determination and any other information concerning this action may be obtained by contacting
the CED.
Required Permits: None at this time.
Appeals: You may appeal the subsequent threshold determination by submitting an appeal to
CED within 14 days of issuance via mail to PO BOX 293, Pasco, WA 99301, or in person to the CED
Planning Division at 525 N 3rd Ave, Pasco, WA 99301. The appeal must be in written form, contain
a concise statement of the matter being appealed and the basic rationale for the appeal and be
accompanied by required fee .
This application is subject to regulations contained in the PMC. This Notice of Application is
required by Revised Code of Washington 36.70B .110
R
Zoning
1\-Iap
Item: Rezone R-T to MU -Pasco Aquatic Center
Applicants: Pasco Pub li c Facilities District, Matt Watkins
File#: Z2024-008/SEPA2024-061
R-T
arr-is-Rd
N
A
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TAXPAYER_N MAIL_ADDRE MAIL_CITYS ZIP_CODE
BROADMOOR PROPERTIES LLC 6070 LAKE GENEVA DR RENO NV 89511-5074
DAVID W HARRIS 11100 HARRIS RD PASCO WA 99301-8950
GOODWIN LANDS LLC 92506 N HARRINGTON RD WEST RICHLAND WA 99353-8711
STEVEN & D'ANNA BORCHERS 11104 W HARRIS RD PASCO WA 99301-8950
CITY OF PASCO -J BALLARD PO BOX 293 PASCO WA 99302
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AFFIDAVIT OF PUBLICATION
Account #Order Number Identification Order PO Amount Cols Depth
14026 610328 Print Legal Ad-IPL02034890 - IPL0203489 Z2024-008 SEPA $389.24 2 68 L
Debra BarhamAttention:
CITY OF PASCO/LEGALS
PO BOX 293
PASCO, WA 99301
accountspayable@pasco-wa.gov
COUNTY OF BENTON)
SS
STATE OF WASHINGTON)
Mary Castro, being duly sworn, deposes and says, I am
the Legals Clerk of The Tri-City Herald, a daily
newspaper. That said newspaper is a local newspaper
and has been approved as a legal newspaper by order of
the superior court in the county in which it is published
and it is now and has been for more than six months
prior to the date of the publications hereinafter referred
to, published continually as a daily newspaper in Benton
County, Washington. That the attached is a true copy as
it was printed in the regular and entire issue of the Tri-
City Herald and not in a supplement thereof, ran 1 time
(s) commencing on 11/10/2024, and ending on 11/10/2024
and that said newspaper was regularly distributed to its
subscribers during all of this period.
1 insertion(s) published on:
11/10/24
(Signature of Legals Clerk)
Sworn to and subscribed before me this 11th day
of November in the year of 2024
Notary Public in and for the state of Texas, residing in
Dallas County
Extra charge for lost or duplicate affidavits.
Legal document please do not destroy!Page 306 of 434
1
Jennifer Ballard
From:Castle,Angela C (CONTR) - TERR-PASCO <ACCastle@bpa.gov>
Sent:Thursday, November 14, 2024 10:13 AM
To:Jennifer Ballard
Cc:Kinch,James L (BPA) - TERR-BELL-1
Subject:RE: Request for Comments: Notice of Application w/ Optional SEPA DNS
Z2024-008/SEPA2024-061, City of Pasco
[NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are
sure the content is safe.]
Jennifer,
Bonneville Power AdministraƟon’s (BPA) has had the opportunity to review an applicaƟon for the Rezone located at
parcel #115210045.
In researching our records, we have found that this proposal will not directly impact BPA facili Ɵes one mile east of the
subject properƟes. BPA does not have any objecƟons to the approval of this request at this Ɵme.
If you have any quesƟons or need addiƟonal informaƟon, please feel free to contact Luke Kinch at (509) 468-3095, by
email at JLKinch@bpa.gov.
Thank you for the opportunity to review this applicaƟon.
Thank You
Angela Castle
(Contractor) Actalent
Realty Technician II
BPA, TERR
ACCastle@BPA.gov
O: 509-544-4747 C: 564-236-5124
2211 N Commercial Ave
Pasco WA 99301
From: Jennifer Ballard
Sent: Friday, November 8, 2024 10:46 PM
To: CED - Planning <planning@pasco-wa.gov>
Subject: Request for Comments: Notice of Application w/ Optional SEPA DNS Z2024-008/SEPA2024-061, City of Pasco
Hello,
The City of Pasco received applicaƟon for a Rezone and accompanying SEPA Environmental Checklist for land
slated to be the site of the future Pasco AquaƟc Facility and is seeking comment on the proposal un Ɵl
November 25, 2024. This proposal will go before the City’s Hearing Examiner, but the hearing is not scheduled
at this Ɵme. ApplicaƟon documents are aƩached.
You don't often get email from accastle@bpa.gov. Learn why this is important
Page 307 of 434
2
Proposal: MaƩ Watkins of the Pasco Public FaciliƟes District submiƩed a SEPA checklist, SEPA2024-061, and
Rezone ApplicaƟon, Z2024-008, to rezone approximately 13 acres of land from R-T ResidenƟal TransiƟon to MU
Mixed-Use as the R-T zoning district is not incompliance with the Comprehensive Plan Land Use Designa Ɵon of
Mixed ResidenƟal Commercial, while MU zoning is in compliance.
LocaƟon: The subject property is generally located at Parcel # 115210045, north of I-182, and fronts on the
future extension of Road 108 in Pasco, WA 99301.
Thank you,
Jennifer B. Ballard, CFM, AICP
SENIOR PLANNER
O: 509-544-4140 M: 509-545-3441
ballardj@pasco-wa.gov | www.pasco-wa.gov
City Hall, 525 N. 3rd Avenue, Pasco, WA 99301
This e-mail and any response to this e-mail may be a public record under Washington State
Law and subject to inspecƟon and copying by the public upon request. Accordingly, there
can be no expectaƟon of privacy.
Page 308 of 434
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AFFIDAVIT OF PUBLICATION
Account #Order Number Identification Order PO Amount Cols Depth
14026 615477 Print Legal Ad-IPL02061010 - IPL0206101 NOPH PP2024-001 005 2 $406.98 2 73 L
Debra BarhamAttention:
CITY OF PASCO/LEGALS
PO BOX 293
PASCO, WA 99301
barhamd@pasco-wa.gov, accountspayable@pasco-wa.gov
COUNTY OF BENTON)
SS
STATE OF WASHINGTON)
Mary Castro, being duly sworn, deposes and says, I am
the Legals Clerk of The Tri-City Herald, a daily
newspaper. That said newspaper is a local newspaper
and has been approved as a legal newspaper by order of
the superior court in the county in which it is published
and it is now and has been for more than six months
prior to the date of the publications hereinafter referred
to, published continually as a daily newspaper in Benton
County, Washington. That the attached is a true copy as
it was printed in the regular and entire issue of the Tri-
City Herald and not in a supplement thereof, ran 1 time
(s) commencing on 11/27/2024, and ending on 11/27/2024
and that said newspaper was regularly distributed to its
subscribers during all of this period.
1 insertion(s) published on:
11/27/24
(Signature of Legals Clerk)
Sworn to and subscribed before me this 29th day
of November in the year of 2024
Notary Public in and for the state of Texas, residing in
Dallas County
Extra charge for lost or duplicate affidavits.
Legal document please do not destroy!Page 316 of 434
Z2024-008: Broadmoor Aquatic Facility,
R-T to MU
Public Hearing
& Hearing Examiner Determination:
• December 11th, 2024
• Recommendation of Approval
Site Information:
• Parcel: 115-210-219
• Size: 13 Acres
• Land Use: Mixed Residential Commercial
• Current Zoning District:
R-T, Residential Transition
• Proposed Zoning District:
MU, Mixed-Use
Rezone Criteria: PMC 25.210.030
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Requirements for Zoning Petition (PMC 25.210.030)
•The date the existing zone became effective;
•The changed conditions which are alleged to warrant other or additional zoning;
•Facts to justify the change on the basis of advancing the public health, safety and general
welfare;
•The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan;
•The effect on the property owner or owners if the request is not granted;
•The Comprehensive Plan land use designation for the property; and
•Such other information as the Hearing Examiner requires.
Z2024-008: Broadmoor Aquatic Facility,
R-T to MU
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Process (Chapter 25.210 PMC)
Rezone
Petition and
Application
PMC
25.210.020(1)
Public
Notice
PMC
25.210.04
0
Public
Hearing
w/Hearing
Examiner
PMC
25.210.020(1)(c)
Hearing Examiner
Findings +
Recommendation
PMC 25.210.060
City
Council
Regular
Business
Meeting
PMC
25.210.080
Z2024-008: Broadmoor Aquatic Facility,
R-T to MU
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AGENDA REPORT
FOR: City Council January 15, 2025
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 1/21/25
FROM: Maria Serra, Public Works Director
Public Works
SUBJECT: Resolution No. 4559 - Road 40 East Extension - Settlement Agreement
and Right-of-Way Acquisition with Culbert, LLC (5 minutes)
I. ATTACHMENT(S):
Resolution
Settlement Agreement
PowerPoint Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION:City the authorizing 4559, No. to approve move I Resolution
Manager to execute the Driveway Relocation and Street Widening Settlement
Agreement between the City of Pasco and Culbert, LLC.
III. FISCAL IMPACT:
Negotiated Acquisition Cost: $378,000
Breakdown of cost of acquisition:
Market value of the land: $65,000 ($6.50/sq ft)
Relocation costs: $239,548
Engineering reimbursement cost: $30,200
Administrative settlement: $43,252
IV. HISTORY AND FACTS BRIEF:
The Road 40 East Extension project was added to the Transportation
Improvement Plan (TIP) in 2022.
The project scope is the extension of the Road 40 East alignment north of the
intersection with "A" Street and effectively connecting with Lewis Place. This
new segment of the roadway would be an alternative freight route connection
between the existing industrial and commercial establishments in the vicinity of
Page 320 of 434
"A" street and Road 40 East and the US 12 Highway interchange on Lewis
Street.
To this aim, City staff began right-of-way acquisition along the proposed
roadway alignment in 2022. City staff has successfully completed acquisition
on 2 parcels. The acquisition of 30 feet wide right-of-way on a third parcel at
the south end of the project, has proven challenging. Negotiations with the
property owner have been led by different offices within the City since 2022
and eventually, in late 2023, City engaged the services of a professional Right-
of-way Acquisition consultant to aid in the process. Negotiations were unfruitful
and in June of 2024, considerate of the right-of-way acquisition challenges,
City staff developed and presented to Council an alternative interim concept for
the project consisting of single lane roadway (partial roadway). That same
month, during public comment, Mr. Bauman, offered his intervention to council
to be a mediator between the City and the Property Owner, Culbert LLC.
Council directed staff to work with Mr. Bauman as a community Partner in the
acquisition process. Mr. Bauman, in this role, held meetings with each party
and both parties' representatives.
On December 9, 2024 staff presented to Council the conditions and cost
resulting from the extended negotiations for the acquisition.
These conditions are incorporated into the settlement agreement:
1. The City of Pasco will conduct all necessary inspections related to the
relocation of the existing driveway that provides access to Parcels #113-
730-124 and #113-730-142 at no cost to the current property owner,
Culbert LLC. The current driveway is located on East “A” Street within
the frontage of Parcel #113-730-124. Inspection services provided by
the City will match the standard level of service applied to all projects in
City of Pasco.
2. Culbert LLC will not be responsible for any costs associated with future
right-of-way improvements that may be required as part of any future
onsite permit applications for Parcels #113-730-124, #113-730-142, and
#113-730-142, provided that these improvements are intended to benefit
the overall transportation network. However, Culbert LLC will remain
financially responsible for any right-of-way improvements that are
necessary to provide access to or directly serve any of the parcels listed
in this agreement.
3. Provided that the proposed use complies with the conditional allowable
uses outlined in the Pasco Municipal Code and is consistent with the
use previously approved for Parcel #113-730-124 under Special Use
Permit #SP2012-002, the City of Pasco will review the applications for
the Special Use Permit submitted by Culbert LLC and, if in compliance,
recommend approval to the Hearings Examiner.
4. No right-of-way dedication for the East “A” Street right of way will be
required at this time. Should additional right-of-way become necessary,
Page 321 of 434
all dedications will comply with Resolution 1372. All costs of the
dedication process will be borne by the City of Pasco. Dedication of the
area will be made by the property owner at no-cost to the City. In
exchange for any no-cost dedication, the City will waive any future need
to relocate the fence from its current location on Parcels #113-730-124
and #113-730-142 or the proposed location on Parcel # 113-730-133
effectively on-site or current the proposed impact no creating to
improvements.
5. No right-of-way dedication for the East “A” Street right-of-way will be
required at this time. If additional right-of-way becomes necessary in the
future, all dedications will be made in compliance with Resolution 1372.
The the full including dedication, of shall full the bear City cost
compensation to Culbert LLC for the dedicated area, valued at market
rate as determined by an independent appraisal. Any future permit
applications beyond those explicitly identified in this agreement shall be
subject at of time the effect to requirements development the in
application.
6. Time is of the essence for this agreement. Within 60 days of executing
this agreement a lump sum payment of $378,000.00 shall be made to
cover the purchase price of the property described herein, incurred
design costs and relocation of gates and driveway entrance to Road 40
East frontage of Parcel #113-130-124, as established in the Offer letter
and Administrative Settlement Offer (AOS) included in this agreement
as Exhibit A.
7. The new driveway for Parcel #113-130-124 will be located along the
eastern property line, tension. This driveway will allow unrestricted
access, allowing both northbound and southbound entry onto Road 40
East. The approved location is as depicted on the civil plans prepared
by Christine Batayola, PE, stamped and signed on April 12, 2023, under
project number 22-117.1. Under no circumstances shall the driveway be
constructed any closer than 220 feet from the centerline of the East “A”
Street right-of-way or 180 feet from the southern property line of Culbert,
LLC.
8. The conditions outlined in this agreement constitute an exclusive
These LLC. Culbert and Pasco City the between arrangement of
conditions are not intended to extend to future landowners and will not
apply in perpetuity to the property.
V. DISCUSSION:
Staff recommends approval of the resolution authorizing City Manager to enter
the settlement agreement with Culbert Construction, Inc.
Page 322 of 434
Resolution – Settlement Agr & ROW Acquisition - 1
RESOLUTION NO. ______________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO EXECUTE THE DRIVEWAY
RELOCATION AND STREET WIDENING SETTLEMENT AGREEMENT
BETWEEN THE CITY OF PASCO AND CULBERT, LLC.
WHEREAS, the Road 40 East Extension project was added to the City of Pasco's
Transportation Improvement Plan in 2022 to improve freight connectivity, with right-of-way
acquisition initiated in the same year; and
WHEREAS, the City has faced challenges acquiring the last segment of right-of-way needed for
the project, leading to the engagement of a Right-of-Way Acquisition consultant and a community
advocate to facilitate negotiations related to claims made by the property owner, Culbert, LLC to
asserted prior commitments made by the City; and
WHEREAS, after extended negotiations, the City and Culbert LLC have reached agreement on
value of the land being acquired, relocation costs and development conditions for the adjacent
parcels owned by Culbert LLC; and
WHEREAS, the City is to issue a total payment of $378,000 for purchase and relocation costs;
and this acquisition and other conditions are documented in a settlement agreement; and
WHEREAS, the City Council has reviewed the conditions in the settlement agreement and now
seeks to authorize the City Manager to execute the agreement to acquire the necessary right -of-
way and proceed with the project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council of the City of Pasco approves the terms and conditions of the
Driveway Relocation and Street Widening Settlement Agreement between the City of Pasco and
Culbert, LLC, a copy of which is attached hereto as Exhibit A.
Be It Further Resolved, that the City Manager of the City of Pasco, Washington, is hereby
authorized, empowered, and directed to sign and execute said Agreement on behalf of the City of
Pasco; and to make minor substantive changes necessary to execute the Agreement.
Be It Further Resolved, that this Resolution shall take effect immediately.
Page 323 of 434
Resolution – Settlement Agr & ROW Acquisition - 2
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____,
2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 324 of 434
City of Pasco - Culbert LLC Settlement Agreement - 1
DRIVEWAY RELOCATION AND STREET WIDENING SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT is entered into this _____ day of ____________,
2025, by and between the CITY OF PASCO, a Washington Municipal Corporation (“City”), and
CULBERT, LLC, a Washington Limited Liability Company (“Culbert”).
WHEREAS, Culbert owns property located at the northwest corner of E. 8th St. and Road
40, in Pasco, Washington; and
WHEREAS, (on or about ______ date,) in connection with Culbert’s development of its
above-described property, it sought a permit from the City of Pasco to install driveways to its
property on the north side of E. 8th St., west of Road 40 within the City of Pasco, Washington;
and
WHEREAS, because of the increased traffic that has developed in the vicinity including,
but not limited to, Amazon warehouse and shipment facilities to the south, along road 40, there is
now the need for widening of streets in the vicinity of the Culbert property; and
WHEREAS, a dispute arose about obligations Culbert had to contribute land for the
widening to the street, or obligations for the relocation of its driveways based prior approvals; and
WHEREAS, in order to resolve the dispute between Culbert and the City, both parties
reached an agreement in settlement of the dispute, whereby certain property would be conveyed
to the City by Culbert for street widening purposes, and Culbert, would be paid an agreed upon
sum for such right-of-way and driveway relocation, and such other consideration is described
herein below.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
CONTINAINED HEREIN, it is agreed as follows:
1. As part of the City’s contribution related to the City of Pasco – Culbert LLC – Driveway
Relocation and Street Widening Settlement Agreement, the City of Pasco will conduct all
necessary inspections related to the relocation of the existing driveway that provides access
to Parcels #113-730-124 and #113-730-142, which inspections shall be pursuant to
appropriate permits issued by the City, provided that Culbert shall not be charged for the
permits or the inspections. The current driveway is located on East “A” Street within the
frontage of Parcel #113-730-124. Inspection services provided by the City will match the
standard level of service applied to all projects in the City of Pasco.
2. With the completion of the terms of this Driveway Relocation and Street Widening
Settlement Agreement, Culbert will not be responsible for any costs associated with future
right-of-way improvements that may be required as part of any future onsite permit
applications for Parcels #113-730-124, #113-730-142, and #113-730-142, Provided that
these improvements are intended to benefit the overall transportation network; and
Provided that the proposed use(s) comply(ies) with the conditional allowable uses outlined
Page 325 of 434
City of Pasco - Culbert LLC Settlement Agreement - 2
in the Pasco Municipal Code and is/are consistent with the use(s) previously approved for
Parcel #113-730-124 under Special Use Permit #SP2012-002. The City of Pasco will
review the applications for the Special Use Permit submitted by Culbert LLC and, if in
compliance, recommend approval to the Hearings Examiner.
3. Culbert will, however, remain financially responsible for any other right-of-way
improvements that are necessary to provide access to or directly serve any of the parcels
listed in this agreement.
4. Within Sixty (60) days of executing this Settlement Agreement a lump sum payment of
$378,000.00 shall be made by the City to Culbert to cover the purchase price of the property
to be conveyed to the City for right-of-way purposes, described more particularly herein
on the attached EXHIBIT A, which description shall also include such other details as may
relate to said property. Thereafter, within ____ days after the demand by the City, Culbert
shall convey to the City, by conveyance document acceptable to the City, the (right-of-
way) property described on said EXHIBIT A
5. Time is of the essence for this agreement.
6. The new driveway for Parcel #113-130-124 will be located along the eastern property line.
This driveway will allow unrestricted access, allowing both northbound and southbound
entry onto Road 40 East. The approved location is as depicted on the civil plans prepared
by Christine Batayola, PE, stamped and signed on April 12, 2023, under project number
22-117.1. Under no circumstances shall the driveway be constructed any closer than 220
feet from the centerline of the East “A” Street right-of-way or 180 feet from the southern
property line of Culbert, LLC.
7. The conditions outlined in this agreement constitute an exclusive arrangement between the
City of Pasco and Culbert LLC. These conditions are not intended to extend to future
landowners and will not apply in perpetuity to the property.
8. Both parties in consideration of this Agreement, do hereby release and discharge the other
of any and all claims, liabilities, causes of action, damages, losses, demands or obligations
of any kind and nature related to or based upon, known or unknown, or arising out of the
above-referenced property; and Culbert and the City accepts as full and final satisfaction
of any claims related thereto.
9. By entering into this Agreement, both parties expressly acknowledge that there is no
admission of liability on behalf of either party except as specifically provided herein, and
that this Agreement is the result of a negotiated compromise and settlement.
10. This Agreement settles, waives, releases, and forever bars any and all claims and actions
at law by either party, or their successors, heirs, or assigns against the other party or their
successors, heirs, or assigns arising out of the above- referenced matter, except as provided
herein. This Release does not apply to any other parties.
Page 326 of 434
City of Pasco - Culbert LLC Settlement Agreement - 3
11. Each signatory hereto represents and warrants that all necessary signatures and consents to
enter into this Agreement, and to assume and perform the obligations hereunder, have been
properly obtained.
12. Each term and provision of this Agreement is deemed to have been explicitly negotiated at
arm's length between the parties and in all cases, shall be construed and interpreted
according to the fair meaning and not strictly for or against either party, and without
reference to who might have drafted the term.
13. This Agreement is entered into and shall be construed and interpreted in accordance with
the laws of the State of Washington.
14. This Agreement embraces and includes the entire agreement between the parties and may
not be changed except in writing signed by all parties.
15. This Agreement may be executed in counterparts. Each counterpart shall be deemed an
original, all of which taken together shall be one and the same instrument. This Agreement
shall become effective upon execution of the counterpart by each party and delivery to the
other party.
16. The conditions outlined in this agreement constitute an exclusive arrangement between the
City of Pasco and Culbert LLC. These conditions are not intended to extend to future
landowners and will not apply in perpetuity to the property.
THIS IS A RELEASE
IN WITNESS WHEREOF, the parties have executed this Agreement on the date
designated above.
CITY OF PASCO, WASHINGTON CULBERT, LLC
____________________________________ ____________________________________
Adam Lincoln, City Manager ____________________________________
Page 327 of 434
Pasco City Council
Regular Meeting
January 21, 2025
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Road 40 East Extension
PROPOSED PROJECT
EXTENTS
“A” STREET
RD
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Right-of-Way Acquisition
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Right-of-Way Acquisition
Proposed Acquisition cost: $378,000
RIGHT-OF-WAY ACQUISITION COSTS INCLUDE:
Cost of property (9,900sf): $65,000
Cost of relocation of property entrance: $239,548
Reimbursement of design costs to property owner: $30,200
Administrative settlement: $43,252
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Right-of-Way Acquisition (cont.)
CONDITIONS:
•Inspections for Culbert LLC’s driveway relocation will
be at City’s cost.
•The new driveway location for Parcel #113-130-124
will allow unrestricted access, per civil plans dated
April 12, 2023.
•Culbert LLC responsible for right-of-way
improvements necessary for access to the parcels
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Right-of-Way Acquisition (cont.)
•Culbert LLC is not responsible for future right-of-way improvements benefiting
the overall transportation network.
•For current development projects, no right-of-way dedication is required for
East “A” Street.
•future right-of-way dedication City will compensate Culbert LLC at market rate.
•City of Pasco will review and recommend approval for Special Use Permit
applications if they comply with the Pasco Municipal Code.
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Right-of-way Acquisition
Acquisition timeline:
•Acquisition negotiations began in 2021.
•Unable to reach an agreement, in 2023 City engaged a right-of-
way acquisition consultant.
•In early 2024 negotiations were closed with a difference of $70K
between City final offer and property owner’s counteroffer.
•Council directed staff to work with community partner to find
resolution and acquire the right-of-way.
•Negotiations extended until December 2024.
•A final amount and set of conditions was developed by both
parties.
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Questions?
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AGENDA REPORT
FOR: City Council January 15, 2025
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 1/21/25
FROM: Jesse Rice, Director
Parks & Recreation
SUBJECT: Presentation - Draft HAPO Center Master Plan (10 minutes)
I. ATTACHMENT(S):
Presentation
4546 Joint Resolution - HAPO Center ILA Extension to 5.2025
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Larry Leasure, with the Harris-White-Leasure Group, will provide the draft
HAPO Center Master Plan presentation.
III. FISCAL IMPACT:
Current Expenses - Approximately $200,000 annually
IV. HISTORY AND FACTS BRIEF:
The HAPO Center, managed by Franklin County and jointly funded with the
City of Pasco (City), operates under a 1994 interlocal agreement and financing
lease. Since then, Pasco has invested $7.7 million, with $5.6 million covering
operational subsidies over 30 years and $2.1 million for 20 years of loan
payments, fully paid off in 2014. The City, lacking bonding capacity at the time,
wasn't involved in debt issuance. Operational deficit subsidies have been paid
annually, sometimes requiring additional funds for operational reserves during
cash flow challenges.
In 2014, the City and Franklin County amended the agreement to include
operating reserve contributions. The original agreement was set to expire on
May 24, 2024, the Council passed Resolution No. 4448 extending the interlocal
agreement until December 31, 2024.
Since the initial extension was approved, Franklin County and City staff have
Page 336 of 434
collaborated on a master planning effort. To allow sufficient time for review,
feedback, and discussions on the path forward, the Council passed Resolution
No. 4546 extending the interlocal agreement through May 31, 2025.
V. DISCUSSION:
Mr. Larry Leasure, with the Harris-White-Leasure Group, who has the current
operations and management contract for the HAPO Center will be presenting
the Draft HAPO Center Master Plan.
Page 337 of 434
HAPO Center and Pasco Sporting Complex
January 21, 2025
HAPO Center and Pasco Sporting Complex
Study Area
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The Team
A Teaming Agreement Between
W. Harris G.S.C., Inc.
114 E. Fairview Avenue, PMB 227
Meridian, Idaho 83602
(208) 898-4742
White-Leasure Development Company Corp.
8385 W. Emerald Street
Boise, Idaho 83704
208-345-1842
MacKay Sposito Inc.
1110 Osprey Point Ave, #6
Pasco, Washington 99301
(509) 374-4248
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Chicago, Illinois, 60603
(312) 444-1031
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JOINT RESOLUTION
FRANKLIN COUNTY RESOLUTION NO.2024-325
CITY OF PASCO RESOLUTION NO.4546
BEFORE THE BOARD OF COMMISSIONERS, FRANKLIN
COUNTY, WASHINGTON, AND THE COUNCIL OF CITY OF PASCO,
WASHINGTON REGARDING MODIFYING THE INTERLOCAL
COOPERATION AGREEMENT BETWEEN THE CITY OF PASCO AND
FRANKLIN COUNTY, WASHINGTON, REGARDING THE FINANCING,
ACQUISITION AND OWNERSHIP OF A MULTI -PURPOSE ARENA AND
EXHIBITION FACILITY (HAPO CENTER), AMENDING RESOLUTIONS
94-126, 2014-484 AND 2024-4448.
WHEREAS, on May 25, 1994, pursuant to RCW 39.34, the Parties entered into the
Interlocal Cooperation Agreement Regarding Financing, Acquisition and Ownership of a Multi -
Purpose Arena and Exhibition Facility with the City of Pasco"; and
WHEREAS, on October 1, 1994, the City of Pasco and Franklin County (Parties) pursuant
to RCW 39.34, entered into a Financing Lease for the construction and management of the HAPO
Center; and
WHEREAS, on December 3, 2014, the Parties modified the May 25, 1994, Interlocal
Agreement under Franklin County Resolution No. 2014-484; and
WHEREAS, the May 25, 1994, Interlocal Agreement expire on or about May 25, 2024;
and
WHEREAS, on May 20, 2024, the Franklin County Board of Commissioners and Pasco
City Council extended the interlocal agreement until December 31, 2024 to allow time to develop
as Master Plan for the HAPO Center and surround area to determine best use of facility; and
WHEREAS, the Parties value the relationship established under the aforementioned
interlocal agreement; and
WHEREAS, the Parties have identified a need to further extend the May 25, 1994,
Interlocal agreement modified on May 20, 2024, by Resolution No. 4448 to the Interlocal
Agreement to finalize the Master Plan; and
WHEREAS, the Board of Commissioners constitutes the legislative authority of Franklin
County and deems this to be in the best interest of Franklin County; and
Jt Resolution — Modifying HAPO Center ILA -1
Page 354 of 434
WHEREAS, the Council for the City of Pasco constitutes the legislative authority for the
City of Pasco and deems this to be in the best interest of the City to extend the Interlocal Agreement
for the HAPO Center facility to the end of May 2025; and
WHEREAS, the Washington State Auditor's Office has recommended the City update the
interlocal agreement for financial reporting.
NOW, THEREFORE, BE IT RESOLVED the Parties hereby agree to remove and
replace in full paragraph 11.2 of the 1994 "Interlocal Agreement Regarding Financing Acquisition
and Ownership of a Multi -Purpose Arena and Exhibition Facility with the City of Pasco," as
modified by the December 3, 2014, and May 20, 2024, modifications with the following language:
Section 11.2 Duration and Termination of this Agreement
This agreement shall automatically terminate on May 31, 2025. This
Agreement may be terminated, in whole or in part, through adoption of a joint
resolution to that effect by the Parties. This agreement shall be effective if signed
in separate documents as if all parties signed the same document.
BE IT FURTHER RESOLVED the Parties hereby agree to amend Section 8.4, Payment
of Operating Costs of the 1994 "Interlocal Agreement Regarding Financing Acquisition and
Ownership of a Multi -Purpose Arena and Exhibition Facility with the City of Pasco," as modified
by the December 3, 2014, and May 20, 2024, adding the following language:
Section 8.4 Payment of Operating Costs
C. Each subsidy payment request must include a report showing the budgeted
and actual income and expenses for the period, broken down into clear categories.
To ensure the subsidy amount is accurate, a full summary comparing the year's total
income and expenses must be provided to the City's finance department. This
summary should be submitted by the end of January each year for the previous year.
THIS SPACE WAS INTENTIONALLY LEFT BLANK IN ORDER FOR ALL
SIGNATURES TO BE PLACED ON ONE PAGE -
A Resolution — Modifying HAPO Center ILA - 2
Page 355 of 434
APPROVED this 91h day of December, 2024
CITY:
CITY OF PASCO, a Municipal Corporation
of the State of Washington
Signed by:
Pdt°Sh4ff,°Mayor
ATTEST BY:
DocuSigDDned by:
D
APPROVED AS TO FORM:
FZned
by:
By:
E ' W!'F s7on, City Attorney
Jt Resolution — Modifying HAPO Center ILA - 3
APPROVED this 18th day of December, 2024.
COUNTY:
FRANKLIN COUNTY, a Political
Subdivision of the State of Washington
A a S 4FN T'
Rocky Mullen, Chair
OQ -3
Clint Didier, Commissioner
St6ve f3auman, Commissioner
ATTEST BY:
Plerko"fthefoa?r
APPROVED AS TO FORM:
Shawn Sant,
Franklin Coi
Attorney for
Attorney
Page 356 of 434
Agenda Summary Report (ASR)
Franklin County Board of Commissioners
DATE SUBMITTED: 12/14/2024
MEETING DATE REQUESTED: 12/18/2024
ITEM:
PREPARED BY: Eric Johnson
PRESENTED BY: Eric Johnson
TIME NEEDED:
SUBJECT: Amendment of the Interlocal Agreement with the City of Pasco
Amending Resolutions 1994-126, 2014-484, and 2024-4448)
FISCAL IMPACT:
BACKGROUND:
RECOMMENDATION:
COORDINATION:
ATTACHMENTS: (Documents you are submitting to the Board
1. I Joint Resolution - HAPO Center ILA Extension to May 31 2025 11
HANDLING/ ROUTING: (Once document is fully executed it will be imported into Document
Manager. Please list name(s) of parties that will need a pdf)
Page 357 of 434
AGENDA REPORT
FOR: City Council January 15, 2025
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 1/21/25
FROM: Jacob Gonzalez, Land Use & Planning
Advisor
Community & Economic Development
SUBJECT: Ordinance No. 4757 - Amending PMC Title 25 Zoning Related to
Overnight Truck Habitation (5 minutes)
I. ATTACHMENT(S):
Ordinance Amending PMC Title 25 to allow for Overnight Truck Habitation
(Revised)
Maps
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. 4757, Amending Pasco Municipal
Code Title 25 “Zoning,” to allow for overnight truck parking and habitation and
creating a new Chapter 25.163 “Overnight Truck Parking and Habitation” and,
further, authorize publication by summary only.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
The City of Pasco received a request from B4 Development and Consulting
(B4) to initiate a text amendment to Title 25 Zoning of the Pasco Municipal
Code (PMC), to accommodate overnight truck habitation. This proposed use is
distinct from other uses in the PMC, such as off-street parking lots and truck
stops. This request entails establishing designated areas for drivers to sleep or
reside in their trucks overnight as a site’s primary use, a matter not currently
addressed by the existing PMC.
The movement of freight has rapidly increased over the past several years, but
facilities to support freight operators such as truck drivers, has not kept pace.
The Planning Commission acknowledged the importance of amending the
Page 358 of 434
PMC to support freight operators in such a way that the local economy, as well
as the residents of Pasco are supported. The draft Ordinance (Exhibit A) was
crafted by the Planning Commission over several meetings (February 15, April
18, July 18, and August 15, 2024) and two public hearings (May 16, and
September 9, 2024) this past year. The draft Ordinance was recommended to
the City Council by the Planning Commission at the September 9, 2024 public
hearing. Staff presented the draft ordinance as well as the applicants desired
ordinance to Council on October 28. Council asked staff to provide additional
perspectives and options for consideration.
Staff 2024. December on Council 2, to given was presentation A City
highlighted several discussion points from the October 28, 2024, meeting,
including the location of sites, infrastructure development standards, and on-
site operations and management. Staff also presented new maps illustrating
the proposed buffering distance alternatives requested by City Council. This
staff report provides an update including additional revisions to the ordianance
following the City Counci Workshop conducted on January 13, 2025.
V. DISCUSSION:
Staff has prepared an update to the draft ordinance for City Council review and
discussion. Notable changes to the draft have been specified below:
C-3 (General Business District) added to PMC 25.163.030
Buffer distanced reduced to 500 feet in PMC 25.163.040(a)
I-182 Overlay District added as a prohibited district, in PMC
25.163.040(b)
Allowance of gravel surfacing in PMC 25.163.040(4)
Maximum stay reduced to 48 hours in a 72-hour period in PMC
25.163.040(6)
On-site management removed from PMC 25.163.040(7)
On-site waste collection/garbage requirements removed from PMC
25.163.040(10)
Landscaping requirements removed from PMC 25.163.040(12)
City Council Workshop January 13, 2025:
City staff received additional comments on the draft ordinance during the
January 13, 2025 City Council Workshop. Per Council direction, the following
changes have been made to the ordinance:
Proximity buffer distance reduced to 250 feet
Parking lot striping requirements removed
These changes are reflected in the ordinance attached for your review. During
the workshop, a question was raised regarding the requirements for pet relief
Page 359 of 434
areas. Please note that these requirements have not been removed and
remain included in the ordinance.
Proposal Considerations:
The proposed amendment seeks to balance support for freight operations with
the reduce compatibility conflicts with adjacent properties. Key considerations
include minimizing conflicts with residential areas while providing adequate
space for this use, determining which existing infrastructure standards should
apply or be modified for overnight truck parking facilities, and establishing
operational requirements to ensure neighborhood safety and appropriate use
of the facilities.
Staff have prepared an updated ordinance for City Council consideration.
Page 360 of 434
Ordinance – Amending PMC Title 25 - Zoning - 1
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING PASCO MUNICIPAL CODE TITLE 25 “ZONING,” TO ALLOW
FOR OVERNIGHT TRUCK PARKING AND HABITATION AND CREATING
A NEW CHAPTER 25.163 “OVERNIGHT TRUCK PARKING AND
HABITATION.”
WHEREAS, freight truck parking shortages are a national concern affecting the safety of
commercial motor vehicle drivers and other roadway users as well as the efficiency of U.S. supply
chains; and
WHEREAS, the need for safe freight truck parking has been identified by the United
Stated Department of Transportation, the Federal Highway Administration, and Washington State
Department of Transportation especially during the hours of 7PM to 5AM; and
WHEREAS, overnight truck habitation (residing in a parked truck overnight) is not
explicitly defined within the Pasco Municipal Code; and
WHEREAS, this code amendment is intended to define overnight truck parking and
habitation as a use within the Pasco Municipal Code. This involves specifying the zoning districts
where this use would be permitted and establishing regulations regarding said use.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Section 25.15.170 of the Pasco Municipal Code (PMC) entitled “O
definitions” is hereby amended and shall read as follows:
25.15.170 O DEFINITIONS.
“Open space” means an unoccupied space open to the sky on the same lot with a
building.
Outdoor Storage. See definition under PMC 25.180.030.
Overnight Truck Parking and Habitation. See definition under PMC 25.163.020.
Section 3. Title 25 of the PMC entitled “Zoning” is hereby amended and shall read as
follows:
Page 361 of 434
Ordinance – Amending PMC Title 25 - Zoning - 2
TITLE 25
ZONING
Chapters:
25.05 Title – Purpose
25.10 Interpretation and Enforcement
25.15 Definitions
25.20 Zoning Districts Established – Zoning Map
25.22 Zone District Standards
25.25 R-T Residential Transition District
25.30 R-S-20 Suburban District
25.35 R-S-12 Suburban District
25.40 R-S-1 Suburban District
25.45 R-1 Low Density Residential District
25.50 R-1-A Low Density Residential Alternate District
25.55 R-1-A2 Low Density Residential Alternate District
25.60 R-2 Medium Density Residential District
25.65 R-3 Medium Density Residential District
25.70 R-4 High Density Residential District
25.75 RP Residential Park District
25.80 O Office District
25.85 C-1 Retail Business District
25.90 C-2 Central Business District
25.95 Downtown Pasco Overlay District
25.97 Broadmoor Overlay District
25.100 C-3 General Business District
25.105 C-R Regional Commercial District
25.110 BP Business Park District
25.115 I-1 Light Industrial District
25.120 I-2 Medium Industrial District
25.125 I-3 Heavy Industrial District
25.127 Mixed-Use District
25.130 I-182 Corridor Overlay District
25.135 Commercial Corridors Design Standards
25.140 Planned Unit Development
25.145 Planned Density Development
25.150 Home Occupations
25.155 Density Increase
25.160 Recreational Vehicle Parks
25.161 Accessory Dwelling Units
25.162 Single Room Occupancy Housing
25.163 Overnight Truck Parking and Habitation.
25.165 Use Regulations
25.170 Nonconforming Uses
25.175 Site and Building Design Standards
25.180 Landscaping and Screening
Page 362 of 434
Ordinance – Amending PMC Title 25 - Zoning - 3
25.185 Off-Street Parking
25.190 Airport Overlay District
25.195 Land Use Hearings by Examiner
25.197 Mineral Lands
25.200 Special Permits
25.205 Homeless Temporary Shelters
25.210 Amendments and Rezoning
25.215 Comprehensive Plan
25.220 Annexation Procedure
Section 4. That a new Chapter of the Pasco Municipal Code, 25.163, entitled
“Overnight Truck Parking and Habitation” is hereby created and shall read as follows:
CHAPTER 25.163
OVERNIGHT TRUCK PARKING AND HABITATION
Sections:
25.163.010 Purpose.
25.163.020 Definition.
25.163.030 Permitted zones.
25.163.040 General requirements and development standards.
25.163.010 Purpose.
(1) The purpose of this chapter is to improve the state of truck parking in Pasco by
ensuring that Overnight Truck Parking and Habitation facilities are located,
developed and occupied in accordance with standards and regulations which will
protect the health, safety, general welfare and convenience of the users of such
facilities and the residents of the City of Pasco.
25.163.020 Definition.
“Overnight Truck Parking and Habitation Facility” means an off-street site where
commercial vehicle drivers can park their vehicles, with or without an attached
trailer, where said driver can access on-site amenities and sleep in their vehicle.
25.163.030 Permitted zones.
An Overnight Truck Parking and Habitation facility is prohibited in all zoning
districts as a primary or accessory use, other than the following zoning districts
where it may be approved as a conditional use via special permit per Chapter 25.200
PMC:
C-3 (General Business District)
I-1 (Light Industrial District).
I-2 (Medium Industrial District).
I-3 (Heavy Industrial District).
Page 363 of 434
Ordinance – Amending PMC Title 25 - Zoning - 4
25.163.040 Development standards.
(1) An Overnight Truck Parking and Habitation facilities are prohibited from the
following:
(a) Within 250 feet of Residential or Mixed-Use Zoning Districts, Residential
Vehicle Parks, existing residential uses, excluding caretaker residences per
PMC 25.165.060, parks, schools.
(b) I-182 Corridor Overlay District (PMC 25.130)
(2) Site access to and from US 12, US 395, SR 397, I-182 shall be via truck routes
as identified in PMC 10.80.040.
(3) Site access, layout and interior circulation must accommodate the safe and
efficient movement of a minimum 67-foot wheelbase tractor-trailer.
(4) Parking stalls and drive isles may be graveled, shall comply with minimum
International Code Council requirements for access and loading. On-site
stormwater conveyance/retention system shall be required and designed by a
licensed engineer.
(5) Maximum facility size: 15 acres, including stormwater management areas and
other appurtenances.
(6) Maximum stay shall not exceed 48 hours in a 72-hour period with the exception
of inclement weather and federal holidays.
(7) Security.
(a) Site shall have an access gate(s) that automatically close after each vehicle and
pedestrian. Pedestrians must not be able to access site under, over or around
closed gates. Vehicle access gate(s) shall be set back a minimum 80 feet from
public right-of-way road used to access the site and be equipped with security
camera(s).
(b) Site shall have a perimeter fence. When Overnight Truck Parking & Habitation
is an accessory use, perimeter fencing shall encompass area designated for
Overnight Truck Parking & Habitation.
(8) Lighting. Area enclosed by perimeter fencing shall be lit to provide adequate
vision, comfort and safety of site users. Lighting shall be uniform within the
permitter fencing, with no dark patches or pockets. All lighting fixtures serving the
site shall be full cutoff fixtures as defined by the Illuminating Engineering Society
of North America (IESNA).
Page 364 of 434
Ordinance – Amending PMC Title 25 - Zoning - 5
(9) Permanent Restrooms. Temperature controlled single-occupancy permanent
restrooms, with a sink and toilet, shall be provided on-site per chart below.
Restrooms shall be accessible whenever parking facility is in operation and
connected to the City’s sewer utility.
Truck Parking Stalls Minimum Number of Bathroom Stalls
1 to 15 1
16 to 35 2
36 to 55 3
56-80 4
81-110 5
111 to 150 6
Over 150 +1 per 50
(10) Solid Waste Disposal. Facilities shall be maintained free of litter and garbage.
(11) On-site Amenities.
(a) Water fountains or bottle fillers for potable water are required per table below:
Truck Parking Stalls Minimum Number of Water Fountains or
Bottle Fillers
1 to 50 1
51 to 100 2
101+ 3
(b) 100 square feet of pet relief area shall be provided for every 30 truck parking
stalls. Area shall be a minimum of 10 feet wide, contain a trash receptacle, and
provide pet waste bags.
(c) One (1) additional amenity shall be provided per 30 truck parking stalls. Each
of the following is considered one amenity: a secure shower, a clothes washer
and dryer, outdoor seating for four people, vending machine(s) for both
Minimum Footcandles on Pavement 0.5 foot-candles (fc)
Maximum Footcandles on Pavement 7.5 fc
Uniformity Ratio,
Maximum:Minimum
3:1
Minimum Footcandles at five (5) feet
Above Pavement
0.25 fc
Maximum light trespass on adjacent
properties
.1 fc
Page 365 of 434
Ordinance – Amending PMC Title 25 - Zoning - 6
beverages and food. Additional features can be considered amenities at the
discretion of the Community and Economic Development Director.
(12) Signage.
(a) A map of City truck routes or a QR code for such map posted online, the City
of Pasco Code Enforcement phone number, and the Benton Franklin Health
District phone number shall be posted at the exit gate of the site and one
additional location.
(b) The phone number to the on-site manager that is available 24 hours a day to
handle site access and site maintenance issues shall be posted at the site entry
gate and on the restroom building.
(13) Accessory uses. Management and maintenance buildings, guard houses,
recreational facilities, restrooms, showers, laundry facilities, and other uses and
structures customarily incidental to the operation of an Overnight Truck Parking
and Habitation facility are deemed to be permitted accessory uses.
Section 5. 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 6. 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 7. 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 ___ day of _________,
2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: _____________________________
Page 366 of 434
AGENDA REPORT
FOR: City Council January 16, 2025
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 1/21/25
FROM: Richa Sigdel, Deputy City Manager
City Manager
SUBJECT: Ordinance No. 4758 - Amending PMC 5.60.010, 5.60.020 & 5.60.030
Related to Rental Licenses or Repealing Pasco Municipal Code Chapter
5.60 Rental License And Amend Section 3.35.050 Business Licenses (5
minutes)
I. ATTACHMENT(S):
2 Ordinance Options
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION A: I move to adopt Ordinance No. 4758, amending the Pasco
Municipal Code Sections 5.60.010, 5.60.020 & 5.60.030 related to rental
licenses and, further, authorize publication by summary only.
-or-
MOTION B: I move to adopt Ordinance No. 4758, repealing the Pasco
Municipal Pasco the and License amending 5.60 Rental Chapter Code
Municipal Code Section 3.35.050 related to Business Licenses and, further,
authorize publication by summary only.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
established The City of Pasco's Rental Housing Inspection Program, by
ordinance in 1997 and codified in Pasco Municipal Code 5.60.030, is designed
to ensure the safety and habitability of rental properties within the city. The
program identifies and addresses issues that could endanger tenant health or
safety, including structural problems, exposure to weather, plumbing and
sanitation defects, lack of water or heating, hazardous electrical systems, and
Page 367 of 434
fire safety violations.
The State of Washington identifies rules and procedures for rental property
inspections inspection 59.18.125. RCW Rental municipalities local by in
programs are not required in the State of Washington.
At the August 19, 2024, regular Council meeting, Inspection Services staff
delivered a presentation outlining the City’s rental inspection program. The
discussion focused on the current inspection requirements, complementary
approaches to improve compliance and efficiency, and the importance of
maintaining a proactive approach to ensure the safety and habitability of rental
properties. This presentation provided Council with a comprehensive overview
of exploring and updates potential for program the set and the stage
alternatives.
On December 9, 2024, staff presented a proposed ordinance to amend Pasco
Municipal Code Chapter 5.60. The ordinance includes significant updates to
improve better resources. and allocate incentivize efficiency, compliance,
Proposed changes include introducing tiered inspection cycles, with a three-
year cycle for properties that fail initial inspections and a six-year cycle for
compliant properties. Additionally, definitions and standards have been
updated to align with state and local requirements, and property owners would
have the option to hire qualified inspectors. During this meeting, the Council
directed staff to also draft an alternative ordinance to repeal the rental license
program entirely, providing an additional option for consideration. Furthermore,
Council directed staff to research the risks of removing the rental license
program.
V. DISCUSSION:
Authority Insurance Cities Washington City's the contacted Staff insurer,
(WCIA), to assess the risks associated with terminating the program. While
discontinuing the program does not expose the City to legal liabilities, there
remains a potential for litigation, which the City is prepared to defend and
expects to succeed in court. The Council has two proposed ordinances offering
different paths forward for the rental license program.
Amended Ordinance
The amended ordinance revises Chapter 5.60 to enhance the rental inspection
program by introducing a three-year inspection cycle for properties that fail
initial inspections but later pass re-inspections. Properties that demonstrate
consistent compliance would transition to a six-year inspection cycle. Newly
constructed properties would also begin on a six-year cycle. These changes
aim focus to streamline operations, reduce administrative burdens, and
resources on properties requiring greater oversight.
Page 368 of 434
Repeal Ordinance
The repeal ordinance eliminates the rental license program entirely, repealing
Chapter 5.60 of the Pasco Municipal Code. This approach reflects the
Council’s interest in reallocating staff resources to higher-priority initiatives and
reducing regulatory involvement in private transactions. Tenant safety and
housing quality would continue to be upheld through existing state and local
laws.
Page 369 of 434
Ordinance – Amending PMC 5.60.010, 5.60.020 and 5.60.030 - 1
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING PASCO MUNICIPAL CODE SECTIONS 5.60.010, 5.60.020 AND
5.60.030 RELATED TO RENTAL LICENSE.
WHEREAS, the City is committed to ensuring the safety, habitability, and quality of rental
properties for all residents; and
WHEREAS, the current inspection cycle does not adequately differentiate between
properties that consistently meet inspection standards and those that require additional oversight;
and
WHEREAS, the City seeks to incentivize compliance by extending the inspection interval
for properties that demonstrate a consistent history of meeting all minimum habitability standards
during each inspection; and
WHEREAS, allocating inspection resources to properties requiring greater attention will
enhance the City’s ability to address safety and maintenance concerns effectively; and
WHEREAS, extending the inspection cycle for compliant properties allows the City to
streamline its operations and promote efficient use of staff time and resources; and
WHEREAS, these changes will enhance the City’s ability to address safety and
maintenance concerns while promoting equitable and efficient oversight of rental properties.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. That Section 5.60.010 entitled “License Required” of the Pasco Municipal
Code is hereby amended and shall read as follows:
5.60.010 License required.
No person shall make available for rent, or rent, lease, or let to the public, any
residential dwelling as defined below without securing and maintaining a current
business license as required by this chapter, unless exempt under RCW 59.18.040.
Section 2. That Section 5.60.020 entitled “Definitions” of the Pasco Municipal Code
is hereby amended and shall read as follows:
5.60.020 Definitions.
(1)Rentals – Dwelling Units. Any person renting or making available for rent
to the public any dwelling unit shall secure a license registering each dwelling unit,
MOTION OPTION A
Page 370 of 434
Ordinance – Amending PMC 5.60.010, 5.60.020 and 5.60.030 - 2
including a certification warranting that each such dwelling unit complies with the
Uniform Housing Code currently adopted International Property Maintenance
Code as adopted by the City and does not present conditions that endanger or impair
the health or safety of the tenants. For the purpose of this section “dwelling unit”
shall mean any structure or part of a structure which is used as a home, residence
or sleeping place by one, two or more persons maintaining a common household,
including but not limited to single-family residences and units of multiplexes,
apartment buildings and mobile homes. The annual business license fee shall be
payable for each independent business property location and the first unit and an
additional fee for each additional rental dwelling unit available for rental to the
public by the applicant. All revenues received from this business license fee shall
be utilized exclusively for the cost of issuance of the license provided herein and
the administration of this title. Issuance of the business license shall be contingent
upon submission of the certification, inspection, as required by this chapter,
payment of the fee provided above and compliance with this chapter.
(2) Immediate Family. Includes state registered domestic partner, spouse,
parents, grandparents, children, including foster children, siblings, and in-laws.
Section 3. That Section 5.60.030 entitled “Inspection Required” of the Pasco
Municipal Code is hereby amended and shall read as follows:
5.60.030 Inspection Required.
(1) As a condition for the issuance of a license provided by this chapter, the
applicant shall provide a certificate of inspection that all of the applicant’s rental
dwelling units, per parcel identified in the application, comply with the standards
of the Uniform Housing Code currently adopted International Property
Maintenance Code and do not present conditions that endanger or impair the health
or safety of a tenant, including:
(a) Structural members that are insufficient in size or strength to carry
imposed loads with safety;
(b) Exposure of the occupants to the weather;
(c) Plumbing and sanitation defects that directly expose the occupants
to the risk of illness or injury;
(d) Lack of water, including hot water Facilities that are not adequate
to supply heat, water and hot water as reasonably required by the tenant;
(e) Heating or ventilation systems that are not functional or are
hazardous;
Page 371 of 434
Ordinance – Amending PMC 5.60.010, 5.60.020 and 5.60.030 - 3
(f) Defective, hazardous, or missing electrical wiring or electrical
service;
(g) Defective or inadequate exits that increase the risk of injury to
occupants;
(h) Violations Conditions that increase the risks of fire; or
(i) Violations of other applicable codes, rules or regulations.
(2) Timing of Inspection. To facilitate the availability of an inspection by each
applicant, at the time of application, an inspection renewal period shall be
established upon which the applicant shall submit its initial certificate of inspection.
and the corresponding renewal date of the certificate of inspection two years
thereafter. The renewal periods shall be divided into calendar quarters over a two-
year period and assigned to the applicant at the time of registration on a rotational
basis. The first calendar quarter shall commence on the first day of January,
terminating on the last day of March; the second calendar quarter shall commence
on the first day of April and terminate on the last day of June; the third calendar
quarter shall commence on the first day of July and terminate on the last day of
September; and the fourth calendar quarter shall commence on the first day of
October and terminate on the last day of December, with one half of which shall be
scheduled in years ending with an even digit and the remaining half being scheduled
in years ending with an odd digit. Certificates of inspection shall be submitted no
later than the last day of the applicant’s assigned calendar quarter. During the first
two years of the implementation of the ordinance codified in this chapter, the
applicant shall be granted a provisional business license pending the timely
submission of its initial certificate of inspection.
(a) Rental properties that fail an initial inspection but subsequently pass
a reinspection or pass with corrections shall be required to submit a
certificate of inspection every three years. Upon passing two consecutive
three-year cycles, they will transition to a six-year inspection cycle. Rental
properties that pass initial inspection without corrections shall be placed
directly on a six-year inspection cycle. Newly constructed buildings
entering their initial period of occupancy shall be placed on the six -year
inspection cycle, commencing from the date the certificate of occupancy is
issued.
(b) Rental Properties that fail an inspection but subsequently pass a
reinspection or pass with corrections at any time shall be placed on a three-
year inspection cycle and remain on this cycle until achieving two
consecutive passed inspections.
(c) Upon implementation of the ordinance codified in this chapter,
rental properties with two consecutive passed inspections shall be placed on
Page 372 of 434
Ordinance – Amending PMC 5.60.010, 5.60.020 and 5.60.030 - 4
a six-year inspection cycle, with their next inspection scheduled six years
after the date of their most recent inspection. Applicants without two
consecutive passed inspections shall be placed on a three-year inspection
cycle until achieving two consecutive passed inspections.
(d) The certificate of inspection shall be submitted no later than 90 days
after the property is due for inspection based on the assigned inspection
cycle. Per RCW 59.18.125 (4)(b), A rental property inspected by a
government agency or other qualified inspector within the previous twenty-
four months may provide proof of that inspection which the City may accept
in lieu of a certificate of inspection.
(3) Inspectors. The applicant shall submit a certificate of inspection based upon
the physical inspection of the dwelling units conducted not more than 90 days prior
to the date of the certificate of inspection and compliance certified by the following:
(a) A City of Pasco Code Enforcement Officer;
(b) Inspectors certified by the United States Department of Housing and
Urban Development for grant-required inspections;
(c) Certified private inspectors approved by the City upon evidence of
completion of formal training, including the passing of an examination
administered by the National Association of Housing and Redevelopment
Officials (NAHRO), the American Association of Code Enforcement
(AACE) or other comparable professional association as approved by the
Director of Community and Economic Development, which approval or
denial shall be subject to appeal to the Code Enforcement Board;
(d) A Washington-licensed structural engineer;
(e) A Washington-licensed architect;
(f) A Washington state licensed home inspector or an American society
of home inspectors certified inspector.
All inspection certifications shall be submitted on forms provided by the City
or approved by the United States Department of Housing and Urban
Development.
NOTE: RCW 59.18.125 (6)(e) - If a rental property owner chooses to hire a
qualified inspector other than a municipal housing code enforcement officer,
and a selected unit of the rental property fails the initial inspection, both the
results of the initial inspection and any certificate of inspection must be
provided to the local municipality.
Page 373 of 434
Ordinance – Amending PMC 5.60.010, 5.60.020 and 5.60.030 - 5
(4) Other Inspections. Nothing herein shall preclude such additional
inspections as may be conducted pursuant to the tenant remedy provided by RCW
59.18.115 of the Residential Landlord-Tenant Act, at the request or consent of a
tenant, or issued pursuant to a warrant. [Ord. 3231 § 2, 1997; Code 1970
§ 5.78.020.]
Section 4. Severability. If any section, subsection, sentence, clause, phrase or word
of this Ordinance should be 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 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 ___ day of _____,
2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: _____________________________
Page 374 of 434
Ordinance – Amending PMC 3.35.050 and Repealing PMC 5.60 - 1
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING PASCO MUNICIPAL CODE (PMC) SECTION 3.35.050
“BUSINESS LICENSES’; AND REPEALING PMC CHAPTER 5.60 “RENTAL
LICENSE.”
WHEREAS, the City Council acknowledges the importance of minimizing government
involvement in private transactions to foster an environment that encourages private-sector
autonomy and efficiency; and
WHEREAS, reallocating staff resources currently devoted to the rental license program
will allow the City to focus on other strategic priorities that better serve the community; and
WHEREAS, existing state and local laws provide adequate safeguards to ensure housing
quality and tenant protections without the need for a separate rental licensing program; and
WHEREAS, repealing Chapter 5.60 will streamline the City’s regulations and reduce
unnecessary compliance burdens for local property owners while maintaining the integrity of the
City’s housing standards.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. That Section 3.35.050 entitled “Business licenses” of the Pasco Municipal
Code is hereby amended and shall read as follows:
3.35.050 BUSINESS LICENSES
Fee/Charge Reference
License base fee $80.00 5.05.160
Employee fee – per full time equivalent $20.00 5.05.160
Rental dwellings – includes first unit (No
maximum fee)
$50.00 5.60.020
Rental dwelling – Each additional unit $10.00 5.60.020
MOTION OPTION B
Page 375 of 434
Ordinance – Amending PMC 3.35.050 and Repealing PMC 5.60 - 2
Fee/Charge Reference
Late penalty:
Rental license 20% of amount due 5.60.020
Regulatory license (unless otherwise
specified)
$30.00 5.05.160
Section 2. That Chapter 5.60 entitled “Rental license” of the Pasco Municipal Code
shall be and hereby is repealed in its entirety.
Section 3. 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 4. 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 5. Effective Date. This Ordinance shall take full force and effect five (5) days
after approval, passage and publication as required by law.
Page 376 of 434
Ordinance – Amending PMC 3.35.050 and Repealing PMC 5.60 - 3
PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____,
2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: _____________________________
Page 377 of 434
AGENDA REPORT
FOR: City Council January 16, 2025
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 1/21/25
FROM: Maria Serra, Public Works Director
Public Works
SUBJECT: Court Street Traffic Analysis - Second Opinion (10 minutes)
I. ATTACHMENT(S):
Presentation
Technical Memo, Second Opinion
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Presentation by John Manix, PE, Traffic Engineer. PBS Engineering
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
Court Street was originally a County Road, annexed in 2001. The street is
bordered by large lots from the I-182 bridge to Road 96, particularly on the
south side. An active transportation route connects the I-182 bridge to the
Sacajawea Heritage Trail along Court Street.
V. DISCUSSION:
The topic of Court Street traffic between Harris Road and Road 96 has been
frequently raised over the last year.
At the July 22, 2024, Council Workshop, the City's contract Traffic Engineer
provided a presentation of the speed study completed for this street. Council
subsequently requested a second opinion from another traffic engineer.
John Manix, PE Traffic Engineer with PBS Engineering was selected to
perform the second opinion analysis, based on his experience in Pasco's traffic
Page 378 of 434
analysis and his vast experience with traffic calming in the West side of the
State.
He will present the findings of his evaluation and recommendations for the
corridor.
Page 379 of 434
Court Street Traffic Analysis—
Second Opinion
Presented by:
John Manix, PE, Senior Traffic Engineer
PBS Engineering and Environmental LLC
Pasco City Council Meeting
January 21, 2025
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Introduction
•PBS has been working in the
City of Pasco (City) for nearly 25
years; our engineering manager
lives in the area and frequently
rides his bike on Court Street.
•PBS and our traffic engineering
team has performed extensive
work within and for the City,
including on-call work reviewing
and preparing Traffic Impact
Analysis (TIA) reports.
About PBS About John Manix, PE
•Based in Vancouver, Washington,
I have 15 years of experience
working for both the
City of Vancouver and PBS.
•Title at the City of Vancouver:
Traffic Engineer—Neighborhood
Traffic Management
(Neighborhood Traffic Engineer)
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Background on the Court Street Project
CivTech prepared a report Speed Data Collection and Evaluation Court Street and
Road 96,dated October 28, 2024.1
Staff request our services based on our extensive work in Pasco to provide a second
opinion on the CivTech report and traffic calming design on Court Street from
approximately the I-182 overpass to Road 96.
Our evaluation including review of:
•CivTech report
•Council meeting comments
•Pasco Police Department data, other traffic, bike and pedestrian counts, and crash data
•City, state, and national policies and standards
3
2
Traffic calming alternatives were evaluated including:
•CivTech design
•Traffic circle (roundabout)
4 •Speed humps/raised crosswalk/speed cushions
•Passive traffic calming
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Background on the Court Street Project
Court Street between I-182 and Road 96 has recorded the highest bicycle volume in
the City and possibly the region.5
Court Street service has connection between residential land use and a park.6
Traffic impact of development in the area.7
City safety report (Local Road Safety Plan) and recent crash data.8
PBS submitted Court Street Speed Survey Review; report dated December 13, 2024.9
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Key Findings From Our Report
The CivTech report finding
that the existing posted
speed limit of 30 miles per
hour (MPH) on Court Street
from Harris Road to
Road 100 meets national
standard for an evaluation
on a citywide basis.
1 Reducing the speed on
Court Street meets the
intent of the City’s
Complete Street Policy.2
Traffic calming such as
traffic circles, islands, and
curb extensions are not a
good match for Court
Street due to bike traffic.
43The existing crosswalk
between Road 96 and
Road 100 should be
upgraded.
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Long Term Improvements
Road Diet
Consideration
I believe the City
should consider a
road diet east of
Road 68.
The Long-term Full Urban
Upgrades
PBS did NOT evaluate the
long-term full urban
upgrades to Court Street
between Road 96 to Harris
Road but assume it will
significantly improve safety
and may reduce speeding.
Sylvester Street Road
Diet Example
The work on Sylvester
Street Road Diet is a
great example for Court
Street with a multi-use
path and enhanced
pedestrian crossing.
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Sylvester Street Road Diet Example
Different cross-section for different roadway segments
Reference Image: Case Study: City of Pasco, Sylvester Street Safety Improvements
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Court Street has a lot of crashes
Natural bike corridor between west
Pasco and downtown
Needs analysis to verify it works
Recommended buffered bike lanes are
a simple road diet for the studied
section of Court Street
Local Road Safety Plan—
Court Street
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Key Recommendations—Passive Traffic Calming
Use passive traffic
calming as a low-
cost, near-term
attempt to change
behavior before
going to the more
expensive and
controversial active
traffic calming
Reduce speed
limit on Court
Street from Harris
Road to Road 100
from 30 MPH to
25 MPH. Reduce
speed limit on
Court Street from
Road 96 to Road
100 from 40 MPH
to 30 MPH
If the speed
limit
is lowered,
install speed
feedback signs
Narrow the
travel lanes on
Court Street
and upgrade
the existing bike
lanes to
buffered bike
lanes
The only risk is
not meeting
expectations
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Go from 12-foot (ft) travel
lane with a 5-ft bike lane to
10-ft travel lane with a 2-ft
buffer and a 5-ft bike lane
Used to lower level of traffic
stress for bikes and
pedestrians
Buffered Bike Lanes
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Typically, more
expensive and more
controversial but more
effective.
Active Traffic Calming
Active traffic calming
requires motor vehicles to
go around something
(traffic island) or over
something (speed hump).
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To be effective, it must force
the vehicle into a wide
deflection of path
In this case, push traffic into
bike lane
Resulting in increased risk
for bicyclists
Traffic Islands/Traffic Circles
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•Proven cost effective relative to islands but more controversial if overused
•As part of the arterial network any active traffic calming should be used sparingly at a high-
risk locations such as park crosswalks
•Too many on Court Street could divert traffic onto neighborhood streets
•Give passive traffic calming 3-6 months test, do before and after speed survey, and if
necessary, install speed humps
•Use City rubber humps to test spacing
•Only use a few, not typical spacing of 350-500 feet
Speed Humps/Cushions/Raised Crosswalk
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Citizen concerns with Court Street have merit based on
Complete Street Policy and bicycle and pedestrian use
Proceed with passive traffic calming first, test effectiveness,
and take further action if necessary
Lowering speed limit is okay but enhance with speed
awareness signs
Use speed hump/cushions/raised crosswalks sparingly
The City should consider road diet improvements on the
greater Court Street corridor in the future
Conclusions
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1325 SE TECH CENTER DR, STE 140, VANCOUVER, WA 9868 3 360.695.3488 MAIN 866.727.0140 FAX PBSUSA.COM
Memorandum
DATE: December 13, 2024
TO:
Maria Serra, PE
City of Pasco Public Works Director
FROM: John A. Manix PE, PBS Engineering and Environmental LLC
PROJECT: 24011952
REGARDING: Court Street Speed Study Review
INTRODUCTION
PBS Engineering and Environmental LLC (PBS) is pleased to submit our Court Street speed study review comments
and traffic calming recommendations. This evaluation spans Court Street from Road 96 to Harris Road. PBS has
prepared a data-driven evaluation that includes our professional judgement and nearly 25 years of engineering
experience in the city of Pasco, Washington. Members of our staff live in the area, routinely use the Sacagawea
Heritage Trail, and reported on the traffic conditions, including pedestrian and bicycle activity, on Court Street.
EXECUTIVE SUMMARY
PBS has reviewed the CivTech speed survey and posted speed recommendations against national standards and
the City of Pasco’s (City) Complete Street Policy as well as other criteria. We included a traffic calming evaluation
for this section of Court Street. The following findings and recommendations are based on our evaluation.
Findings
The posted speed limit is in compliance with the 85th-percentile speed.
PBS concurs with the CivTech findings of a 30-mile-per-hour (mph) speed limit for Court Street from Harris Road
to Road 100 based on the national standard method of evaluation on a citywide basis.
The Pasco Police Department (PD) data documents a significantly higher number of vehicles at excessive speed on
Court Street between Harris Road and Road 100 than the data collected by CivTech.
By reducing the speed limits on Court Street, the City will meet the intent of the City’s Complete Streets Policy.
The existing crosswalk on Court Street between Road 96 and Road 100 should be upgraded.
Traffic circles and islands as traffic calming measures are not a good match for Court Street due to the close
proximity of bike lanes to the travel lane.
Recommendations
Consider an additional evaluation on Court Street’s speed limit based upon a context-sensitive approach as
directed in the City’s Complete Streets Policy.
Reduce the speed limit on Court Street between Harris Road and Road 100 to 25 mph. Reduce the speed limit on
Court Street between Road 100 and Road 96 to 30 mph.
Page 394 of 434
City of Pasco
Court Street Speed Study Review Memorandum
December 13, 2024
Page 2
24011952
Install speed feedback signs if the speed limit is reduced to 30 mph on Court Street between Road 96 and Road 100.
To address pedestrian safety at the Sacagawea Heritage Trail crossing near Road 100, lower the speed limit on
Court Street between Road 96 and Road 100, add a streetlight to the existing utility pole, and bracket the
crosswalk with the speed feedback signs.
Add buffered bike lane striping on Court Street from Road 96 to Interstate 182 (I-182) to provide a 2-foot-wide
buffered bike lane and a 10-foot-wide travel lane on each side. This also includes a double yellow center line.
Include radar signs on each approach. These can be incorporated into new speed limit signs.
Evaluate the effectiveness of the passive traffic calming after a three- to six-month trial period, comparing before
and after speed survey data.
The current proposed traffic calming measures should be replaced with 10-foot-wide travel lanes and 2-foot-wide
buffered bike lanes from Road 96 to I-182.
Install speed cushions on Court Street near the Road 100 trail crossing and the I-182 trail crossing if the proposed
passive traffic calming does not prove effective enough. Use rubber speed cushions on a trial basis to establish
final spacing.
BACKGROUND
This memorandum is a review of the speed study conducted along the Court Street corridor east of I-182 and
west of Road 96 in Pasco, Washington. This speed study, originally conducted by CivTech, is in response to a
citywide speed management and injury minimization effort. The evaluation of the Court Street corridor was
divided into the following segments for the purpose of this speed study.
1. Harris Road to Road 100
2. Road 100 to Road 96
The original speed study includes considerations of the following parameters based on the guidance presented in
the Federal Highway Administration’s (FHWA) Manual on Uniform Traffic Control Devices (MUTCD).1 Specifics of
these conditions will be briefly covered in this memorandum and are listed below.
· Existing conditions
o Geographic context (such as an urban district, rural town center, non-urbanized rural area, or
suburban area), and multimodal trip generation
o Inventory of existing roadway environment and characteristics
Documentation of roadside development, number and frequency of driveways and access
points, land use, functional classification, parking practices, and pedestrian and bicycle
facilities and activity
Documentation of lane widths, shoulder condition, grade, alignment, median type, and
sight distance
1 FHWA (Federal Highway Administration). (11th Edition, December 2023). Manual on Uniform Traffic Control Devices.
Page 395 of 434
City of Pasco
Court Street Speed Study Review Memorandum
December 13, 2024
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24011952
· Crash analysis
o This includes reviewing crashes along the corridor and identifying patterns
· Evaluation of the speed distribution of free-flowing vehicles
o This includes evaluating the free-flowing vehicles pace, median (50th percentile), and 85th-
precentile speeds
PBS’ initial review of the original speed study found that CivTech’s findings and analysis methodology are
acceptable and defensible for a citywide speed survey analysis. This memorandum provides PBS’ interpretation of
findings and recommendations for Court Street from Road 96 to Harris Road based on the provided information
from the original speed study and additional data to include:
· Crash data from January 2018 to April 2024
· Crash data and the City Local Road Safety Plan
· Traffic, pedestrian, and bicycle counts at the Court Street and Road 100 intersection
· National Association of City Transportation Officials (NACTO) recommendation2
· Speed count data from the Pasco PD
EXISTING CONDITIONS
Roadway Environment and Characteristics
The Court Street corridor under study is situated in a suburban area. The surrounding study area is relatively
developed, with minimal potential for further development. PBS examined the current conditions of Court Street's
roadway provided in the original speed study to verify that it is currently operating safely and efficiently. Relevant
information about the roadway is presented in Table 1 and is sourced from the original speed study.
Table 1. Existing Court Street Roadway Information
Roadway
Characteristics
Roadway Segment
Court Street: I-182 to Road 100 Court Street: Road 100 to Road 96
Functional
Classification Collector Minor Arterial
Speed Limit 30 mph 40 mph
Average Daily
Volume 998 3,160
Peak Hour
Volume
AM: 99
PM: 90
AM: 275
PM: 265
Surrounding
Land Uses Residential Residential and Park frontage
Conflict Points 117 19
Length (miles) 1.15 0.37
Parking Street parking is partially available on both
sides of Court Street Street parking is not available
2 NACTO (National Association of City Transportation Officials). (2020). City Limits – Setting Safe Speed Limits on Urban Street,
Summer 2020.
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City of Pasco
Court Street Speed Study Review Memorandum
December 13, 2024
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24011952
Roadway
Characteristics
Roadway Segment
Court Street: I-182 to Road 100 Court Street: Road 100 to Road 96
Pedestrian
Facilities
Sidewalks are partially available on the north
side of the roadway No sidewalks
Pedestrian
Crossings One at I-182 undercrossing One mid-block
Bicycle Facilities Bike lanes are available on both sides of the
roadway
Bike lanes are partially available on both
sides of the roadway
Lane Widths
(feet) 12
Roadway
Widths (feet) 35 to 40 35
Grade Relatively flat
Roadway
Alignment Relatively straight
Median Type No median
Intersection
Sight Distance Adequate for 30-mph speed limit
It should be noted that the cross section for Court Street in either the collector or minor arterial segments does not
meet the City’s standards as seen in detail ST-2C from the Pasco Design and Construction Standards (May 2022).
Crash Analysis
A formal crash analysis was not included in the original speed study. For the purposes of this review, Table 2
below covers the basic findings of crashes along the Court Street segment for data from January 2018 to
April 2024 obtained from the Washington State Department of Transportation (WSDOT, attached for reference).
Table 2. Crash Analysis for Court Street from I-182 to Road 96 (January 2018 through April 2024)
Crash Type
Total
Crashes Same
Direction
Opposite
Directions Angle Fixed
Object
Pedestrian/
Bike
2 0 2 2 0 6
Crashes involving parked vehicles or utility poles (listed as “fixed objects”), rear-end crashes (listed as “same direction”),
and right-angle crashes (listed as “angle”) are often associated with speeding.
The most recent City of Pasco Local Road Safety Plan (LRSP) does not identify this segment of Court Street as a
prioritized safety study location relative to other roadway corridors.3 As such, safety concerns from prior crash
data were not explored further in this memorandum, but it appears the number of crashes may be on the rise with
an additional three crashes on Court Street, one resulting in a serious injury. See the attached excerpt from the
LRSP.
3 DKS and Associates. (2022, February 28). City of Pasco 2022 Local Road Safety Plan.
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City of Pasco
Court Street Speed Study Review Memorandum
December 13, 2024
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24011952
The LRSP recommends the citywide speed limit study that recommended use of NCHRP 966 or USLIMITS2 to
evaluate and determine the speed limit. PBS used both the NCHRP 966 and USLIMITS2 to verify that the 30-mph
posted speed limit meets national engineering standards (see the attached output from the analysis). The LRSP
suggested that engineering judgement be applied to the process. The following is an application of engineering
judgement applied to this section of Court Street and is not intended on a citywide basis.
Original Speed Study Review
CivTech’s speed study is based on 3 separate days of 24-hour tube counts at the following selected Court Street
locations.
1. Just west of Road 108 / Court Street
2. Just west of Road 101 / Court Street
3. Midpoint along Court Street between Road 100 and Road 96
PBS reviewed the speed distribution of free-flowing vehicles along the studied Court Street corridor. Table 4
summarizes the 10-mph vehicles pace, median (50th percentile), and 85th-percentile speeds.
Table 4. Existing Court Street Vehicle Travel Speed Information, I-182 to Road 96
Roadway Characteristics Roadway Segment
I-182 to Road 100 Road 100 to Road 96
Posted Speed Limit 30 mph 40 mph
Vehicle 10-mph Pace EB: 26 to 35 mph
WB: 26 to 35 mph
EB: 31 to 40 mph
WB: 36 to 45 mph
Median (50th Percentile)
Speed
EB: 28 mph
WB: 28 mph
EB: 36 mph
WB: 37 mph
85th-Percentile Speed EB: 33 mph
WB: 33 mph
EB: 40 mph
WB: 42 mph
EB: eastbound; WB: westbound
Finding: The posted speed limit is in compliance with the 85th-percentile speed.
Finding: PBS concurs with the CivTech findings of a 30-mph speed limit for Court Street from Harris Road to
Road 100 based on the national standard method of evaluation on a citywide basis.
The speed limit on Court Street was evaluated in greater depth based on citizen concerns as a single street
evaluation.
The NACTO City Limits – Setting Safe Speed Limits on Urban Street discourages use of the 85th-percentile speed to
determine the posted speed and cites studies that suggests lowering the posted speed will reduce crashes. See
the NACTO attachment for a reference to a case study from Seattle. Even though this section of Court Street is not
an urban setting, it has been our experience that lowering the speed limit will not increase and may reduce
crashes. Court Street between Road 100 and Harris Road operates much more like a local street based on the
volume of traffic, and the statutory speed limit of 25 mph is more appropriate than the 85th-percentile speed.
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December 13, 2024
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24011952
Additional Pasco Police Department Speed Data
PBS also reviewed additional speed count data along this segment of Court Street, including a 20-day radar speed
trailer count covering both directions at Road 103 in May 2023 and a 16-day radar speed trailer count covering
both directions at Road 100 in October and November 2023 (see the attached summarized Pasco PD data). No
Pasco PD information was provided for Court Street between Road 100 and Road 96, and the provided
information was not granular enough to determine 10-mph pace, median speed, or other percentile speed
numbers unless speed ranges were averaged.
One of the primary concerns expressed by local Pasco residents is the top-end speeding that occurs on the
segment of Court Street from I-182 to Road 100. Table 5 below summarizes differences in high-speed findings
comparing the original study speed data and the supplementary Pasco PD speed data.
Table 5. Existing Court Street Vehicle Travel High Speed Ratios, I-182 to Road 100
Roadway Characteristics
Speed Data Source
Original Speed Study
Data Pasco PD Speed Data
Posted Speed Limit 30 mph 30 mph
Ratio of Traffic Greater than 35 mph 7.9% 15.7%
Ratio of Traffic Greater than 40 mph 1.2% 4.1%
Ratio of Traffic Greater than 45 mph 0.1% 1.3%
Instances of Traffic Greater than 60 mph 1 in ~4,000 total vehicles 104 in ~46,600 total vehicles
The ratio of vehicles travelling more than 35 mph almost doubles from 7.9% in the original speed study data to
15.7% in the Pasco PD speed data. The ratio of vehicles travelling more than 40 mph almost quadruples from 1.2%
in the original speed study data to 4.1% in the Pasco PD speed data. The ratio of vehicles travelling more than
45 mph is 13 times more, from 0.1% in the original speed study data to 1.3% in the Pasco PD speed data.
These differences in high-end speed data may have multiple explanations for their variance. The Pasco PD’s longer
lengths of data collection may have allowed vehicles to become conditioned with the data collection setup on the
roadway and be comfortable with engaging in higher speeds over time. High-end speed instances may be
substantially higher on days not covered in the original speed study, which covered Tuesday, Wednesday, and
Thursday.
Whatever the case may be, there is a distinct difference in high-end speeding from a ratio perspective between
both data sets. Given that the stated desire from public feedback is to reduce high-end speeding instances along
Court Street, this additional data supports this concern.
Finding: The Pasco PD data documents a significantly higher number of vehicles at excessive speed on Court
Street between Harris Road and Road 100 than the data collected by CivTech.
Recommendation: Consider an additional evaluation of Court Street’s speed limit based upon a context-sensitive
approach as directed in the City’s Complete Streets Policy.
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Court Street Speed Study Review Memorandum
December 13, 2024
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24011952
COMPLETE STREETS
The City’s Complete Streets Policy, in Chapter 12.15.010 of the Pasco Municipal Code, is intended to increase the
overall safety of the community as well as support the economic and desirability of the city as a place to live and
to conduct business. Policy section 12.15.030(2) states, “The design of Complete Street components to be
implemented shall be based upon a context-sensitive approach… consistent with sound engineering principles.”
Bicycle level of traffic stress (BLTS) and pedestrian level of traffic stress (PLTS) are established methodologies to
measure the suitability of these modal forms of travel based on roadway characteristics.4 BLTS and PLTS are good
measurements of the relative safety, accessibility, and functionality of pedestrian and bicycle modes of travel
along highway segments for all users of the City’s right-of-way. The WSDOT Design Manual, Section 1510.02(5)
and 1520.03(3), uses PLTS and BLTS as a metric to evaluate Complete Street projects with PLTS and BLTS of 2 or
better as the goal (i.e., LTS 1 or LTS 2). PLTS and BLTS are broad measurements of stress experienced by
pedestrians and bicyclists based on their respective facility and adjacent roadway characteristics. A “1” is the least
stressful rating and a “4” is the most stressful rating. See the WSDOT Design Manual (October 2023) for reference.
Pedestrian and Bicycle Facilities and Level of Traffic Stress
Court Street west of Road 96 has marked bike lanes, a paved shoulder, and only partial sidewalk facilities near the
northern end of the segment.
From Exhibit 1510-1 of the WSDOT Design Manual (shown below), the current PLTS is 3 on Court Street from I-182
to Road 100 (one lane per direction, 751 to 1,500 average daily traffic [ADT], Target Speed 30) and is 4 on Court
Street from Road 100 to Road 96 (one lane per direction, >3,000 ADT, Target Speed 40). For the purposes of this
memorandum, “Target Speed” as used in PLTS and BLTS will be treated as the posted speed limit for a given
segment of roadway.
From Exhibit 1520-5 of the WSDOT Design Manual (shown below), the current BLTS is 3 on Court Street from I-182
to Road 100 (one lane per direction, 751 to 1,500 AADT, Target Speed 30) and is 4 on Court Street from Road 100
to Road 96 (one lane per direction, >3,000 AADT, Target Speed 40). Exhibit 1520-5 was chosen instead of
Exhibit 1520-6 (“BLTS for conventional bike lanes 5' or greater”) because the existing bike lanes were measured to
4 WSDOT (Washington Department of Transportation). (2024, September). Design Manual.
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December 13, 2024
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be approximately 4 feet in width. We are using ADT in place of AADT (annualized average daily traffic) assuming
they are approximately equal.
The PLTS and BLTS on Court Street from I-182 to Road 100 can be reduced from 3 to 2 by reducing the Target
Speed from 30 mph to 25 mph. Lowering the speed limit can be done independently or in conjunction with traffic
calming measures.
The PLTS and BLTS on Court Street from Road 100 to Road 96 can potentially be reduced from 4 to 3 by reducing
the Target Speed from 40 mph to 30 mph. Lowering the speed limit should done in conjunction with traffic
calming measures.
Finding: By reducing the speed limits on Court Street, the City will meet the intent of the City’s Complete Streets
Policy.
Recommendation: Reduce the speed limit on Court Street between Harris Road and Road 100 to 25 mph.
Reduce the speed limit on Court Street between Road 100 and Road 96 to 30 mph.
The LRSP recommends using speed feedback signs for a reduction in the speed limit of 10 mph or greater than
the previous speed limit.
Recommendation: Install speed feedback signs if the speed limit is reduced to 30 mph on Court Street between
Road 96 and Road 100.
Pedestrian Crossing Enhancements
Court Street from I-182 to Road 96 has two substandard crosswalks; one just east of I-182 that connects the
Sacagawea Heritage Trail to public parking underneath I-182 on the south side of Court Street, and one just east
of Road 100 that connects the north side of Court Street with the Sacagawea Heritage Trail.
The existing crosswalk between Road 96 and Road 100 is of particular concern based on the higher speed and
volume of traffic. Based on national standards for crosswalk evaluation,5 enhancements should be considered at
5 FHWA (Federal Highway Administration) (2018, July). Guide for Improving Pedestrian Safety at Uncontrolled Crossing Locations.
US Department of Transportation.
Page 401 of 434
City of Pasco
Court Street Speed Study Review Memorandum
December 13, 2024
Page 9
24011952
this location. See the attached Table 1 from the FHWA Guide for improving Pedestrian Safety at Uncontrolled
Crossing Locations.
Finding: The existing crosswalk on Court Street between Road 96 and Road 100 should be upgraded.
Recommendation: To address pedestrian safety at the Sacagawea Heritage Trail crossing near Road 100, lower
the speed limit on Court Street between Road 96 and Road 100, add a streetlight to the existing utility pole, and
bracket the crosswalk with the speed feedback signs.
Recommendation: Investigate traffic calming on Court Street between I-182 and Road 96.
TRAFFIC CALMING
The following is an evaluation of traffic calming for Court Street between Road 96 and the I-182 overpass. This
evaluation is a data-driven analysis with professional judgement based on my 15 years of experience at the City of
Vancouver as its neighborhood traffic engineer and approximately 15 years of working on projects in Pasco. My
Vancouver experience included taking citizen requests, administrating over a traffic calming program, evaluating
requests, and designing and implementing many projects similar to this situation.
This evaluation assumes a recommendation to lower the speed limit to 25 mph from Harris Road to Road 100 and
30 mph from Road 100 to Road 96 and addressing excessive speed patterns as measured by the Pasco PD.
Court Street will be a good candidate for traffic calming because it is at risk of future crashes. The roadway is not
built to City arterial or collector standards, has partial sidewalks with a nearby park as a pedestrian destination,
and has very high bicycle volume due to the link to the Sacajawea Heritage Trail system. The number of bikes is
the highest we have seen in the many traffic counts we collected in the city. The attached October 13, 2021,
PM peak hour count at Court Street and Road 100 counted 10 bicycles using Court Street. This is about 10 times
higher than typical PM peak hour counts in the city. The high number of driveways and intersections conflicts with
operation as a collector classification. One serious injury crash was related to a driveway. The attached 2018 to
2024 crash data review on Court Street lists crashes at Road 96, Road 100, Road 101, Road 108, and Road 111.
Figure 3 of the City’s 2022 Local Road Safety Plan (attached) showed few crashes in this section of Court Street.
The total number is small but appears to be increasing. The Highway Safety Manual (HSM) was used to evaluate
the safety benefits of using traffic calming as a countermeasure to reduce the risk of crashes. Traffic calming has a
crash modification factor (CMF) of 0.67, showing effectiveness at reducing crashes.
Court Street as a collector can operate in a safe and efficient manner with a traffic calming design approach. At
approximately 1,000 vehicles per day and an existing target speed of 25 to 30 mph, passive traffic calming is a
good first step to addressing citizen concerns with excessive speeding.
Passive Traffic Calming
Passive traffic calming relies on signing and striping to make low-cost, near-term improvements that provide
responsive service and is not controversial.
The proposed radar sign feedback signs as proposed in the original CivTech study are a good alternative. I believe
they are a good countermeasure if the speed limit is lowered to 25 mph. The City’s Local Road Safety Plan
suggested their use for any change in speed limit of 10 mph. Use them on Court Street east of Road 96 if the
speed limit is lowered to 30 mph.
Page 402 of 434
City of Pasco
Court Street Speed Study Review Memorandum
December 13, 2024
Page 10
24011952
Another low-cost alternative is adding an additional stripe on Court Street between the bike lane street and travel
lane. This will create approximately 2-foot “buffered bike lanes” and 10-foot travel lanes. The proposed double
yellow center line in the CivTech study and narrow travel lane should reduce the speed of traffic. PBS measured
lane widths to double-check feasibility. In some cases, the lane width will require less than a 2-foot buffer (see the
attached field measurement sketch). Reducing lane widths from 12 to 10 feet has been studied and shown to
reduce crashes on rural roads per CMF ID: 129. They have the side benefit of reducing the level of traffic stress
(LTS) for bicyclists and pedestrians. See WSDOT Design Manual Chapter 1520.03(3)(a) for separated bike lanes.
Based on the existing width of travel lanes and bike lanes, the buffer width will vary from 1 foot to 2 feet with a
10-foot travel lane. In the future, the bike lane should be restriped to widen the buffer to a consistent 2 feet and
bike lane to a consistent 5 to 6 feet. In most sections of Court Street from Road 96 to the I-182 overpass, this can
be completed without widening the asphalt.
Recommendation: Add buffer bike lane striping on Court Street from Road 96 to I-182 to provide a 2-foot-wide
buffered bike lane and a 10-foot travel lane. This also includes a double yellow center line. Include radar signs on
each approach; these can be incorporated into new speed limit signs.
The effectiveness of passive traffic calming is less certain than active traffic calming. A before and after speed
survey is recommended to verify a reduction in the speed of traffic. A typical approach would be to install the
buffered bike lanes and speed feedback signs in the spring as the weather permits striping. With a trial period of
three to six months, traffic will adjust to the new conditions. If little or no change in traffic speed is recorded in the
follow-up speed survey, then consider implementing an active traffic calming approach within the summer-fall
construction season.
Recommendation: Evaluate the effectiveness of the passive traffic calming after a three- to six-month trial period,
comparing before and after speed survey data.
Active Traffic Calming
Active traffic calming typically slows traffic with either horizontal deflection going around something or vertical
deflection going over something. Both can be effective, but both have their challenges for Court Street.
Traffic Islands for Traffic Calming
Horizonal defection as proposed by CivTech, with center islands and curb extensions, are often hard to be
designed to reduce speed without substantial deflection in the travel path of vehicles. See the fastest path figure
for the Road 68 / Court Street roundabout as an example of the magnitude of deflection necessary to hit the
target speed. This has the potential to compromise bicyclist and pedestrian safety with traffic traveling through
the bike lane. Traffic circles, as suggested at some of the intersections such as Road 100 and Road 108, could also
compromise pedestrian and bicycles safety to effectively slow vehicles. Roundabouts are typically designed with
bicycles on the sidewalk at intersections to address risk. Below are several projects I designed that illustrate the
challenges.
Figure 1 shows a pedestrian refuge island on E 33rd Street in Vancouver, Washington. They are intended as both a
pedestrian enhancement and a traffic calming measure and are relatively successful for both goals but
significantly compromised bicycle comfort and safety. This is a common concern when adding an island to streets
with bike lanes. To get adequate deflection, the travel lane needs to cut through the bike lane. I frequently ride my
bike to work on E 33rd Street and must keep my eye out for approaching vehicles from the rear.
Page 403 of 434
City of Pasco
Court Street Speed Study Review Memorandum
December 13, 2024
Page 11
24011952
Figure 2 shows a design on SE 15th Street in Vancouver, Washington. They are intended to slow traffic and
provide an attractive and low-maintenance traffic calming measure. It was a challenging location to implement
traffic calming with a fire station in the middle of the corridor, but the looks of the island were popular with the
project advocate. The problem with the installation was that the traffic calming islands did not slow traffic
significantly. With the overlay of the roadway in 2024, the traffic calming islands were removed and replaced with
buffered bike lanes.
Finding: Traffic circles and islands as traffic calming are not a good match for Court Street due to the close
proximity of bike lanes to the travel lane.
From my experience, I have found the proposed design using tubular cones (candle sticks) hard to maintain. They
show wear from being hit by errant vehicles relatively soon and some will require annual replacement. I don’t
believe they will be any more effective than the buffered bike lanes and would be harder to maintain.
Recommendation: The current proposed traffic calming should be replaced with 10-foot-wide travel lanes and 2-
foot-wide buffered bike lanes from Road 96 to I-182.
Speed Humps
Vertical deflection by speed humps, speed cushions, or raised crosswalk, all generically referred to “humps,” can
be very effective at slowing traffic but can be a problem if overused. They are typically limited to local streets such
as Road 96. This assumes they are used over a long stretch of roadway and include several (more than five)
humps. I have found humps can also be very effective as spot treatment on collector roadways to address
pedestrian safety concerns at schools, parks, and other high-concern locations.
In this case, I would recommend speed cushions as the hump of choice because Court Street is a collector/arterial
and these have the least impact on emergency vehicles. A few speed cushions bracketing the park between
Road 96 and Road 100 can improve pedestrian safety at the crosswalk and address excessive speeding. I would
not recommend them as a linear treatment at a spacing in the range of 350 to 400 feet because at this spacing
through traffic may be diverted to local streets not intended as through streets. The use of a few speed cushions
should be considered if the passive traffic calming does prove effective for controlling speed or if crashes persist.
Speed cushion spacing design is beyond the scope of this memorandum, but a few options include:
· Two 200 feet on each side of the trail crossing near Road 100
· Two 200 feet on each side of the trail crossing at the I-182 trail
· One near Road 103 if excessive speeding continues, but minimize diverting traffic onto other streets
I understand the City has rubber humps that can be used for temporary speed cushions and suggest trying a
minimal number to see the impact on speeding.
Recommendation: Install speed cushions on Court Street near the park and the I-182 trail crossing if the
proposed passive traffic calming does not prove effective enough. Use rubber speed cushions on a trial basis to
establish final spacing.
Attachments: Crash Data from January 2018 to April 2024
Crash Data and the City’s Local Road Safety Plan
NCHRP Report 966 Analysis Output
Page 404 of 434
City of Pasco
Court Street Speed Study Review Memorandum
December 13, 2024
Page 12
24011952
USLIMITS2 Speed Zoning Report
NACTO City Limits Case Study Seattle
Speed Count Data from the Pasco Police Department (Pasco PD, 2023)
Guide for Improving Pedestrian Safety at Uncontrolled Crossing Locations
Road 100 and Court Street PM Peak Hour Bike and Pedestrian Counts (2021)
Field measurement sketch
WSDOT Design Manual, Exhibit 1520-1
Court Street/Road 68 Roundabout Fastest Path Figure
Figure 1. Pedestrian Refuge Island E 33rd Street, Vancouver Washington
Figure 2. SE 15th Street Traffic Calming
Page 405 of 434
OFFICER REPORTED CRASHES THAT OCCURRED ON ALL ROADS IN FRANKLIN COUNTY
01/01/2018 - available 2023 & up to April 2024
JURISDICTI
ON COUNTY CITY
PRIMARY
TRAFFICWAY
INTERSECTI
NG
TRAFFICW
AY
REFERENC
E POINT
NAME MOST SEVERE INJURY TYPE JUNCTION RELATIONSHIP FIRST COLLISION TYPE / OBJECT STRUCK VEHICLE 1 ACTION VEHICLE 2 ACTION
MV DRIVER CONTRIBUTING
CIRCUMSTANCE 1 (UNIT 1)
MV DRIVER CONTRIBUTING
CIRCUMSTANCE 2 (UNIT 1)
MV DRIVER CONTRIBUTING
CIRCUMSTANCE 1 (UNIT 2)
FIRST IMPACT LOCATION (City, County & Misc
Trafficways - 2010 forward)
City Street Franklin Pasco W COURT ST N ROAD 96 Suspected Minor Injury At Intersection and Related Entering at angle Going Straight Ahead Going Straight Ahead None Disregard Stop Sign - Flashing Red Lane of Primary Trafficway
City Street Franklin Pasco W COURT ST ROAD 100 No Apparent Injury At Intersection and Related Entering at angle Making Left Turn Going Straight Ahead Did Not Grant RW to Vehicle None Lane of Primary Trafficway
City Street Franklin Pasco W COURT ST ROAD 100 No Apparent Injury Not at Intersection and Not Related One parked--one moving Going Straight Ahead Legally Parked, Unoccupied Apparently Asleep or Fatigued None Outside Shoulder of Primary Trafficway
City Street Franklin Pasco W COURT ST ROAD 101 Possible Injury Driveway Related but Not at Driveway From same direction - both going straight - both moving - rear-end Going Straight Ahead Slowing Follow Too Closely None Lane of Primary Trafficway
City Street Franklin Pasco W COURT ST ROAD 108 Suspected Serious Injury At Driveway From same direction - one left turn - one straight Overtaking and Passing Making Left Turn Improper Passing None Lane of Primary Trafficway
City Street Franklin Pasco W COURT ST ROAD 111 No Apparent Injury Not at Intersection and Not Related Utility Pole Going Straight Ahead Under Influence of Alcohol Under Influence of Drugs Past the Outside Shoulder of Primary Trafficway
Under 23 U.S. Code § 148 and 23 U.S. Code § 407, safety
data, reports, surveys, schedules, lists compiled or
collected for the purpose of identifying, evaluating, or
planning the safety enhancement of potential crash sites,
WSDOT - Transportation Data, GIS and Modeling Office
Crash Data and Reporting Branch - JB 04/02/2024 1 of 1
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NCHRP 17-76 Speed Limit Setting Tool
Input Cells Description Output Cells
Site Description Data Color-Coding Legend
Suburban Roadway context Aqua = basic input cell
Collector Roadway type Denim = basic input cell with drop-down menu
Yes Are crash data available? Orange = optional input cell (not needed for calculations)
John Manix Analyst Green = optional input cell (use if data for agency & region are available, leave blank otherwise)
11/21/2024 Date Rose = intermediate calculations
Court St Roadway name Purple = final analysis results
Between Harris and Rd 100 Description
30 Current speed limit (mph)
Notes Note: The "Test macros" button provides a message to verify proper macro operation.
Analysis Results Advisory, Calculated, or Warning Messages
Speed limit setting group Developed
Suggested speed limit (mph) 30
This value is determined by speed data & site characteristics.
Speed Data Advisory, Calculated, or Warning Messages
30 Maximum speed limit (mph)
33 85th-percentile speed (mph)
28 50th-percentile speed (mph)
Site Characteristics Advisory, Calculated, or Warning Messages
1 Segment length (mi)
2 Number of lanes (two-way total)
Undivided Median type
0 Number of traffic signals 0 signals / mi
117 Number of access points (total of both directions)Closest 50th (117 access points / mi)
High / Separated Bicyclist activity / bike lane type Rounded-Down 85th
None Sidewalk presence / width
Some Pedestrian activity Closest 50th
Not high On-street parking activity
Yes Parallel parking permitted?Rounded-Down 85th
No Angle parking present?
No Adverse alignment present?
Crash Data Advisory, Calculated, or Warning Messages
7 Number of years of crash data
1,000 Average AADT for crash data period (veh/d)
No Is the segment a one-way street?
6 All (KABCO) crashes for crash data period Observed KABCO crash rate = 234.83 crashes / 100 MVMT
2 Fatal & injury (KABC) crashes for crash data period Observed KABC crash rate = 78.28 crashes / 100 MVMT
Average KABCO crash rate (crashes / 100 MVMT)HSIS average KABCO crash rate = 263.17 crashes / 100 MVMT
Average KABC crash rate (crashes / 100 MVMT)HSIS average KABC crash rate = 67.32 crashes / 100 MVMT
1.3 x average KABCO crash rate (crashes / 100 MVMT) 342.1
1.3 x average KABC crash rate (crashes / 100 MVMT) 87.5
Critical KABCO crash rate (crashes / 100 MVMT) 449.7
Critical KABC crash rate (crashes / 100 MVMT) 171.3
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USLIMITS2 Speed Zoning Report
Project Overview
Project Name: Court Street Speed Limit
Analyst: John Manix
Basic Project Information
Project Number: 2401192
Route Name: Court Street
From: Harris
To: Road 100
State: Washington
County: Franklin County
City: Pasco city
Route Type: Road Section in Developed Area
Route Status: Existing
Roadway Information
Section Length: 1 mile(s)
Statutory Speed Limit: 25 mph
Existing Speed Limit: 30 mph
Adverse Alignment: No
One-Way Street: No
Divided/Undivided: Undivided
Number of Through Lanes: 2
Area Type: Residential-Collector/Arterial
Number of Driveways: 100
Number of Signals: 0
Date: 2024-11-21
Crash Data Information
Crash Data Years: 4.50
Crash AADT: 1000 veh/day
Total Number of Crashes: 6
Total Number of Injury Crashes: 2
Section Crash Rate: 365 per 100 MVM
Section Injury Crash Rate: 122 per 100 MVM
Crash Rate Average for Similar Roads: 315
Injury Rate Average for Similar Roads: 75
Traffic Information
85th Percentile Speed: 33 mph
50th Percentile Speed: 28 mph
AADT: 1000 veh/day
On Street Parking and Usage: Not High
Pedestrian / Bicyclist Activity: High
Recommended Speed Limit: 30
Note: The final recommended speed limit is higher than the 25 mph statutory speed limit for this type
of road. An engineering study such as the one carried out with USLIMITS is usually required to set a
speed limit above the statutory limit.
Note: The injury crash rate for the section of 122 per 100 MVM is more than 30 percent above the
average for similar roads (75) but below the critical rate (217). A comprehensive crash study should
be undertaken to identify engineering and traffic control deficiencies and appropriate corrective
actions. The speed limit should only be reduced as a last measure after all other treatments have
either been tried or ruled out.
Disclaimer: The U.S. Government assumes no liability for the use of the information contained in this
report. This report does not constitute a standard, specification, or regulation.
Page 410 of 434
How the Recommended Speed Limit was Determined
The questions and responses below, and the referenced page numbers, correspond to the flowcharts
found in the Decision Rules Flowchart document.
Terms Used in the Recommendation
· Closest 85th: This is the 5 mph increment that is closest to the 85th percentile speed
(e.g., if the 85th percentile speed is 63 mph, the Closest 85th will be 65 mph).
· Rounded-down 85th: This is the 5 mph increment obtained by rounding down the 85th
percentile to the nearest 5 mph increment (e.g., if the 85th percentile speed is 63 mph,
the Rounded-down 85th will be 60 mph).
· Closest 50th: This is the 5 mph increment that is closest to the 50th percentile speed
(e.g., if the 50th percentile speed is 58 mph, the Closest 50th will be 60 mph).
· SL_1: Speed limit determined using site characteristics (e.g., AADT, interchange
spacing, roadside hazard rating, ped/bike activity, number of traffic signals, etc.).
· SL_2: Speed limit determined using crash data from the crash module.
· SL: Recommended Speed Limit.
The Recommended Speed Limit (SL) is the lower of the speed limit determined without crash data
(SL_1) and the speed limit determined with crash data (SL_2).
Determine SL_1 Using Site Characteristics (pg. K-23)
Note: The number of signals per mile is being calculated as 0.00 signals per mile.
Note: The number of driveways per mile is being calculated as 100.00 driveways per mile.
Question 1: Are any of the following true: there are more than four signals per mile, pedestrian or
bicyclist activity is high, parking activity is high, or there are more than 60 driveways per mile?
Results: Yes. There are 0.00 signals per mile, 100.00 driveways per mile, high pedestrian/bicyclist
activity, and not high parking activity. The SL_1 is set to the closest 50th percentile speed (30
mph).
Question 2: Are crash data available?
Results: Yes, so use these data to determine SL_2.
Determine SL_2 Using Crash Data (pg. K-24)
Question 3: Is more than one year of crash data available?
Results: Yes, at least one year of crash data is available.
Note: The crash rate is calculated to be 365 crashes per 100M VMT, and the injury rate is calculated
to be 122 crashes per 100M VMT.
Note: The critical crash rate is calculated as 574 crashes per 100M VMT.
Question 4: Is the crash rate (365 per 100M VMT) greater than the critical crash rate (574 crashes
per 100M VMT)?
Page 411 of 434
Results: No, so the crash level is classified as low.
Question 5: Is the injury crash rate (122 per 100M VMT) greater than the critical injury rate (217
crashes per 100M VMT)?
Results: No, but the injury crash rate is greater than 1.3 times the average injury crash rate. The
injury level is classified as medium.
Question 6: Are either of the crash level (low) or injury crash level (medium) classified as medium or
high?
Results: Yes, but traffic control treatments can help reduce the crash/injury rate, so the total crash
level is classified as low.
Question 7: Is the total crash level (low) classified as medium or high?
Results: No, so SL_2 is set as the closest 85th speed (35 mph).
Determine SL (pg. K-22)
Note: SL is set as the lower of SL_1 (30 mph) and SL_2 (35 mph). The SL is set to 30 mph.
Determine the Final Recommended Speed Limit (pg. K-28)
Question 8: Is the SL less than 20 mph or greater than 50 mph?
Results: The SL (30 mph) is between 20 mph and 50 mph. The SL remains the same.
Final Recommendation: The recommended speed limit is 30 mph.
Equations Used in the Crash Data Calculations
Exposure (M)
M = (Section AADT * 365 * Section Length * Duration of Crash Data) / (100000000)
M = (1000 * 365 * 1 * 4.50) / (100000000)
M = 0.0164
Crash Rate (Rc)
Rc = (Section Crash Average * 100000000) / (Section AADT * 365 * Section Length)
Rc = (1.33 * 100000000) / (1000 * 365 * 1)
Rc = 365.30 crashes per 100 MVM
Injury Rate (Ri)
Ri = (Section Injury Crash Average * 100000000) / (Section AADT * 365 * Section Length)
Ri = (0.44 * 100000000) / (1000 * 365 * 1)
Ri = 121.77 injuries per 100 MVM
Critical Crash Rate (Cc)
Cc = Crash Average of Similar Sections + 1.645 * (Crash Average of Similar Sections / Exposure) ^
(1/2) + (1 / (2 * Exposure))
Cc = 315.48 + 1.645 * (315.48 / 0.0164) ^ (1/2) + (1 / (2 * 0.0164))
Cc = 573.90 crashes per 100 MVM
Critical Injury Rate (Ic)
Page 412 of 434
Ic = Injury Crash Average of Similar Sections + 1.645 * (Injury Crash Average of Similar Sections /
Exposure) ^ (1/2) + (1 / (2 * Exposure))
Ic = 74.98 + 1.645 * (74.98 / 0.0164) ^ (1/2) + (1 / (2 * 0.0164))
Ic = 216.56 injuries per 100 MVM
Page 413 of 434
Page 414 of 434
After reviewing the speed data from both reports at Court Street and 103:
1. May 2023 Report (Speed Trailer Court and…):
· Deployed from Thursday, May 4, 2023, at 1:23 PM to Wednesday, May 24,
2023, at 3:33 PM. /Total deployment time: 20 days.
· The posted speed limit is 30 mph.
· Over 21,850 vehicles were recorded, with a significant number exceeding the
speed limit.
· Notable high-speed outliers include vehicles reaching over 55 mph, and some
even between 61-70 mph. A few hit speeds above 70 mph.
· Peak speeding times occur between 9:00 AM and 5:00 PM, with some
additional spikes in speeding at night, particularly between 8:00 PM and 10:00
PM.
2. November 2023 Report (Speed Trailer Court St.…):
· Deployed from Wednesday, October 25, 2023, at 12:35 PM to Thursday,
November 9, 2023, at 7:34 PM. / Total deployment time: 15 days.
· A similar situation with over 12,700 vehicles recorded.
· Speeds significantly above 30 mph were observed, with many vehicles
traveling between 36-50 mph. Several outliers were recorded at over 70 mph.
· The peak periods for speeding were between 8:00 AM and 5:00 PM, with a
significant number of speeding vehicles during these hours.
Page 415 of 434
Enforcement and Complaints over the last 6 months by patrol. (West Court St.)
Officers have been doing good coverage, looks like not finding much. (data from 05/14/2024-
10/14/2024)
Intersection Accidents Traffic Stops Extra Patrols Tickets Complaints
Road 88/court 0 0 0 0 0
Road 92/Court 0 0 0 0 0
Road 96/Court 0 7 0 0 1
Road 100/Court 1 10 24 5 1
Road 101/Court 0 0 0 0 1
Road 103/Court 0 6 0 5 3
Road 108/Court 0 3 2 1 0
Road 109/Court 0 0 0 0 0
Road 110/Court 0 0 2 0 1
Road 111/Court 0 0 1 0 0
Total 1 26 29 11 7
7 in that area – that includes the call for service designa on of ‘reckless traffic’ as well as ‘traffic
complaint.’
Page 416 of 434
Page 417 of 434
Speed Trailer Deployment Data (Road 96/Merlot)
Deployment Periods:
1. February 25, 2024 - March 21, 2024:
o Total vehicle count: 8,214
o Trailer ac3ve for 25 days
o Traffic breakdown:
Northbound: 4,046 vehicles
Southbound: 4,168 vehicles
o Speed viola+ons observed: Various speed bands from 25 mph to 85+ mph, with peak
enforcement 3mes around late a8ernoons and evenings.
2. April 25, 2024 - May 14, 2024:
o Total vehicle count: 11,794
o Trailer ac3ve for 19 days
o Traffic breakdown:
Northbound: 6,056 vehicles
Southbound: 5,738 vehicles
o Speed viola+ons observed: Similar bands with peak enforcement 3mes in the early
mornings and late evening.
· High viola+on periods were recorded typically in the a8ernoons (13:00 to 16:00) during
weekdays, with speed peaks between 30 and 50 mph, o8en exceeding the posted 25 mph limit.
· **Lower traffic observed during early morning hours (00:00 to 06:00).
Page 418 of 434
Page 419 of 434
Road 100 Road 100W Court StW Court St
(303) 216-2439
www.alltrafficdata.net
Location:3 Road 100 & W Court St PM
Wednesday, October 13, 2021Date:
Traffic Counts - Motorized Vehicles
Note: Total study counts contained in parentheses.
Motorized Vehicles Pedestrians/Bicycles in CrosswalkHeavy Vehicles
Peak Hour
Peak Hour:04:45 PM - 05:45 PM
Peak 15-Minutes:05:00 PM - 05:15 PM
Traffic Counts - Heavy Vehicles, Bicycles on Road, and Pedestrians/Bicycles in Crosswalk
196 132
148
181
12
35
65
0.93
N
S
EW
0.91
0.94
0.63
0.86
(243)(344)
(266)
(323)
(116)
(73)
(6)(7)
32 0
16
3
115
32
1
0
18
17
0
0
1
1 0 00
W Court St
W Court St
Road 100
Road 100
0
0
2
0
N
S
EW
0
0
11
0 0
0
0
0 00
0
0
0
0
0
0
0 0
0
0
00
0
0 N
S
EW
0
0
0
0 0 00
Interval
Start Time RightLeft Thru Total
Eastbound Westbound Northbound Southbound
U-Turn
Rolling
HourRightLeft ThruU-Turn RightLeft ThruU-Turn RightLeft ThruU-Turn
4:00 PM 3330 5 7 0 1 6 0 0 0 0 26 0 730 23 1 4
4:15 PM 3620 3 2 0 0 7 0 0 1 0 35 1 760 19 1 7
4:30 PM 3790 6 4 0 0 8 0 0 1 0 33 0 880 31 0 5
4:45 PM 3800 3 5 0 1 9 0 1 0 0 36 0 960 33 0 8
5:00 PM 3560 7 3 0 0 7 0 0 0 0 41 1 1020 36 0 7
5:15 PM 0 4 4 0 0 8 0 0 0 0 38 0 930 28 0 11
5:30 PM 0 3 6 0 0 8 0 0 0 0 48 0 890 18 0 6
5:45 PM 0 6 5 0 0 8 0 0 1 0 28 3 720 15 0 6
Count Total 0 37 36 0 2 61 0 1 3 0 285 5 6890 203 2 54
Peak Hour 0 17 18 0 1 32 0 1 0 0 163 1 3800 115 0 32
HV% PHF
0.86
0.94
0.63
0.91
0.0%
0.0%
0.0%
0.0%
0.0% 0.93
EB
WB
NB
SB
All
Heavy VehiclesInterval
Start Time EB NB TotalWB SB
4:00 PM 1 0 0 0 1
4:15 PM 0 0 0 0 0
4:30 PM 0 0 0 0 0
4:45 PM 0 0 0 0 0
5:00 PM 0 0 0 0 0
5:15 PM 0 0 0 0 0
5:30 PM 0 0 0 0 0
5:45 PM 0 0 0 0 0
Count Total 1 0 0 0 1
Peak Hour 0 0 0 0 0
Bicycles on RoadwayInterval
Start Time EB NB TotalWB SB
4:00 PM 0 0 0 0 0
4:15 PM 3 0 2 1 6
4:30 PM 0 0 1 0 1
4:45 PM 3 0 2 0 5
5:00 PM 0 0 0 0 0
5:15 PM 0 0 3 0 3
5:30 PM 0 0 2 0 2
5:45 PM 0 0 0 0 0
Count Total 6 0 10 1 17
Peak Hour 3 0 7 0 10
Pedestrians/Bicycles on CrosswalkInterval
Start Time EB NB TotalWB SB
4:00 PM 0 0 0 0 0
4:15 PM 0 0 0 0 0
4:30 PM 0 0 0 0 0
4:45 PM 0 0 0 0 0
5:00 PM 0 0 0 0 0
5:15 PM 0 2 0 0 2
5:30 PM 0 0 0 0 0
5:45 PM 0 0 0 2 2
Count Total 0 2 0 2 4
Peak Hour 0 2 0 0 2
Page 420 of 434
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Chapter 1520 Roadway Bicycle Facilities
WSDOT Design Manual M 22-01.23 Page 1520-2
September 2024
1520.03 Bicycle Facility Selection
This section provides additional information on facility selection based on the Safe System Approach.
Facilities that reduce driver operating speeds, reduce bicyclist exposure to potential crashes with motor vehicles,
increase the predictability of motor vehicle and bicycle interactions, and increase the conspicuity of vulnerable
road users decrease the likelihood of a serious injury or fatality crash. See Exhibit 1520-5.
Reduce operating speeds: Measures to reduce operating speeds of roadways are used to increase safety for both
drivers and active transportation users of the transportation system (see Section 1103.05). Bike facilities do not
necessarily reduce vehicular operating speeds, rather different bike facility types are chosen to mitigate for
higher speed conditions. Some bicycle facilities, such as protected intersections, directly influence vehicle
turning speeds.
Reduce bicyclist exposure to potential crashes with motor vehicles: Bike facilities generally reduce bicyclist
exposure to potential crashes along roadways. Exposure decreases as separation and protective elements
increase.
Exposure can also be decreased by reducing the number or length of conflict zones or crossing areas with motor
vehicle traffic, or by controlling traffic movements at points of conflict (i.e., signalized control of conflicting
movements). Protected intersections and protected roundabouts provide significant reductions in bicyclist
exposure at intersections by reducing the total number of potential conflict points in the intersection.
Increase predictability of motor vehicle/bicycle interactions: Bike facilities provide a means for increasing the
predictability of interactions between motor vehicle and bicycle traffic by providing an identified and
recognizable space for bicycle traffic to travel, especially in locations where most cyclists are traveling at a
slower speed than motor vehicle traffic. At intersections, separated or marked bike facilities help establish both
where differing traffic modes can be expected to travel as well as indicating locations where the paths of
differing modes cross one another. Signalized intersections with dedicated signal phases for cyclists can further
support predictable traffic movements through intersections.
Increase bicyclist conspicuity: Bike facilities may increase a driver’s attention to the fact that bicyclists may be
present and bike facility enhancements such as green paint can accentuate this effect. Raised bike lanes (i.e.,
bicycle facilities that are vertically separated from the adjacent travelled lane), protected intersections, and bike
boxes can directly increase bicyclist conspicuity.
Reference the Traffic Manual Exhibit 4-6 to assist in selecting an appropriate bicycle facility based on the context
of the roadway.
1520.03(1) Speed Considerations
While Exhibit 1520-2, Exhibit 1520-3,Exhibit 1520-4, and Exhibit 1520-5 provide ranges of roadway speeds in
which different types of bike facilities may be appropriate, it is critical to understand that motor vehicle speed
plays a significant role in crash severity between motor vehicles and cyclists. When designing multimodal
facilities, a target speed selection within the low-speed design control is encouraged. Safety performance
increases as motor vehicle speeds are decreased. See Chapter 1103 for further discussion on target speed and
speed management treatments.
Page 422 of 434
Chapter 1520 Roadway Bicycle Facilities
WSDOT Design Manual M 22-01.23 Page 1520-3
September 2024
1520.03(2) Roadway Bicycle Facilities
There are three general types of dedicated bicycle facilities. See Exhibit 1520-1.
Conventional bike lanes (CBLs) have a paint stripe, signing, and pavement markings to provide a clear indication
to bicyclists and drivers about the purpose of the facility. See Exhibit 1520-7.
Buffered bike lanes (BBLs) are similar to conventional bike lanes, except they also provide a painted buffer to
improve rider comfort and provide the benefit of having greater space between cyclists and motor vehicle
traffic. See Exhibit 1520-8.
Separated bike lane (SBLs) also provide a painted buffer, but also include vertical elements to further improve
rider comfort and improve the buffer’s visibility and the driver’s awareness of the buffer. See Exhibit 1520-9.
The width of a bicycle lane with a buffer (BBLs and SBLs) does not include the width of the buffer.
Shared-use paths (see Chapter 1515) are another option for providing physical separation from traffic.
Exhibit 1520-1 Roadway Bicycle Facilities
Page 423 of 434
W COURT ST
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R=123'
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R2
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R3
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R4
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FASTEST
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ALIGNMENT
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ALIGNMENT
Scale 1" =
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Job #:
Drawing:
Reference:
Fastest Path - WB
Court Street & Road 68
3/9/2022N/A
71749.000Page 424 of 434
Figure 1 – E 33rd Street Vancouver Washington – Pedestrian Refuge Island
Page 425 of 434
Figure 2 - SE 15th Street, Vancouver Washington – Arterial Traffic Calming with 3-inch-high medians
Page 426 of 434
AGENDA REPORT
FOR: City Council January 14, 2025
TO: Adam Lincoln, City Manager City Council Regular
Meeting: 1/21/25
FROM: Maria Serra, Public Works Director
Public Works
SUBJECT: Ordinance No. 4759 - Amending PMC Section 10.35.030 Speed Limits
in Certain Zones (5 minutes)
I. ATTACHMENT(S):
Proposed Ordinance
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION:Pasco the amending 4759, No. to adopt move I Ordinance
Municipal Code Section 10.35.030 "Speed Limit in Certain Zones," to establish
a new speed limit on Court Street west of Road 100, and Sylvester Street
between Road 54 and Road 32 and, further, authorize publication by summary
only.
III. FISCAL IMPACT:
The cost of changing speed limits is minimal. The City would need to purchase
or create and install new signs.
IV. HISTORY AND FACTS BRIEF:
Local authorities may establish speed limits as set forth in RCW 46.61.415.
The City of Pasco may exercise that ability in two locations under recent
discussion.
Court Street between Harris Road and Road 100 was originally part of the
County road system and is currently classified as a major collector; as such,
has a higher speed limit. Recently, this stretch of roadway has been the subject
of evaluation by a licensed Traffic Engineer who recommended that the speed
be lowered to 25 MPH.
Sylvester Street between Road 54 and 20th Avenue was recently the site of a
lane reconfiguration which carried a recommendation of a change in speed
Page 427 of 434
limit from 35 MPH to 30 MPH.
V. DISCUSSION:
Staff retained the services of CivTech and PBS to review the conditions on
Court Street from Harris Road to Road 96. The consultants agreed that the
speed limit should be lowered to 25 MPH from Harris Road to Road 100. The
speed limit is already 30 MPH between Road 100 and Road 96.
During scoping of the Sylvester Street Safety project, a speed reduction from
35 MPH to 30 MPH was recommended based on the crash analysis along the
corridor, and for traffic calming needs consistent with the proposed physical
improvements on the corridor. The funding agency for this project establish the
reduction as a component of the grant award. A traffic memo was produced by
a licensed Traffic Engineer that evaluated the speed reduction and lane
reconfiguration would not have detrimental impacts on the corridor.
Page 428 of 434
Ordinance – Amending PMC 10.35.030 - 1
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING PASCO MUNICIPAL CODE SECTION 10.35.030 "SPEED
LIMITS IN CERTAIN ZONES,” TO ESTABLISH A NEW SPEED LIMIT ON
COURT STREET WEST OF ROAD 100, AND SYLVESTER STREET
BETWEEN ROAD 54 AND ROAD 32.
WHEREAS, West Court Street between Road 96 and Road 100 is a minor arterial and
West Court Street between Road 100 and Harris Road a major collector; and
WHEREAS, this corridor has high bicycle and pedestrian volume due to the link to the
Sacajawea Heritage Trail system; and
WHEREAS, excessive speed patterns have been recorded in this corridor; and
WHEREAS, with residential land use abutting Court Street West of Road 100, the current
posted speed of 30 miles per hour (MPH) is considered to no longer provide reasonable and safe
conditions; and
WHEREAS, a 25 MPH speed limit is recommended for this section of roadway based on
a speed study prepared by a licensed Traffic Engineer; and
WHEREAS, the speed study considered roadway geometrics; Average Daily Traffic
counts, 85th percentile speeds, and vehicle counts; crash history; capacity/volume data; speeding
complaints and access/intersection density and spacing considerations, as compared with standard
industry and City guidelines as well as traffic calming measures; and
WHEREAS, West Sylvester Street between Road 32 and Road 54 is a minor arterial; and
WHEREAS, this corridor has been subject to a safety project which provided for lane re-
configuration and pedestrian and bicycle improvements funded by the Washington State
Department of Transportation (WSDOT) Ped/bike Program (State) and the Highway Safety
Improvement Program (Federal); and
WHEREAS, the project scope included the reduction in speed in said segment of the
corridor to 30 MPH, as required by the Grant Agreement with State Ped/Bike program; and
WHEREAS, a traffic study considered roadway geometrics; Average Daily Traffic counts,
85th percentile speeds, and vehicle counts; crash history; capacity/volume data and determined the
30MPH speed was adequate for the corridor and its reconfigured geometry.
Page 429 of 434
Ordinance – Amending PMC 10.35.030 - 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. That Section 10.35.030 entitled "Speed Limits in Certain Zones" of the
Pasco Municipal Code is hereby amended and shall read as follows:
10.35.030 Speed limits in certain zones.
It is determined upon the basis of an engineering and traffic investigation that the
speed permitted by state law upon the following streets is less than is necessary for
safe operation of vehicles thereon, by reason of the designation and sign posting of
the streets as arterial highways and/or by reason of widely spaced intersections, and
it is declared that the speed limit shall be as hereinafter set forth on those streets or
parts of streets designated in this section at the times specified when signs are
erected giving notice thereof:
45 MPH.
E. "A" Street (S. Cedar Avenue to SR-12);
Harris Road (W. Court Street to Broadmoor Boulevard);
W. Lewis Street (N. 20th Avenue to N. 28th Avenue);
N. 4th (north line Section 19 to City limits - Glade North);
N. Oregon Street (Hillsboro to north City limits);
Road 68 (Sandifur Parkway north to north City limits);
Broadmoor Boulevard (Franklin County Irrigation Canal to Bedford Street);
Road 100 (Chelan Drive to FCID Canal);
Capital Avenue (Hillsboro Street to Foster Wells Road).
40 MPH.
S. 10th Avenue (Ainsworth A venue to south City limits on the Intercity
Bridge);
Heritage Boulevard (SR-12 to "A" Street);
W. Court Street (Road 48 to Road 96 Road 100);
E. Lewis Street (N. Cedar Avenue to SR-12);
Argent Road (N. 20th Avenue west to Road 36);
Argent Road (Road 44 west to Road 52);
W. Ainsworth A venue (10th A venue to Oregon A venue);
N. Oregon Avenue (E. Ainsworth Street to SR-12);
Burden Boulevard (Road 36 to Road 60);
Road 36 (Argent Road to Burden Boulevard).
35 MPH.
W. "A" Street (N. 20th Avenue to S. Wehe Avenue);
E. "A" Street (S. Wehe Avenue to S. Cedar Avenue);
E. Ainsworth Street (Oregon A venue to Sacajawea Park Road);
Argent Road (Road 68 west to Road 84);
Broadmoor Boulevard (Bedford Street to north City limits);
W. Court Street (Road 36 to Road 48);
Page 430 of 434
Ordinance – Amending PMC 10.35.030 - 3
W. Lewis Street (N.12th Avenue to N. 20th Avenue);
N. 4th Avenue (E. Court Street to SR-12);
N. 4th Avenue (SR-12 to north line Section 19);
S. 4th Avenue (W. "A" Street to W. Ainsworth Street);
W. Sylvester Street (Road 54 to Road 60 20th Avenue to Road 60);
Sandifur Parkway (Road 44 to Broadmoor Boulevard);
Commercial A venue (Kartchner to Kahlotus Highway);
Industrial Way (Kartchner to Foster Wells Road);
Foster Wells Road (SR-395 to N. Oregon Avenue);
Sacajawea Park Road (SR-12 to E. Ainsworth Street);
Burden Boulevard (Road 60 to Road 76);
Road 100 (W. Court Street to Chelan Drive);
Road 60 (W. Sylvester Street to W. Court Street);
Road 68 (200 feet north of Valley View Pl to Sandifur Parkway);
Road 52 (Burden Blvd. to Sandifur Parkway);
Road 60 (Burden Blvd. to Sandifur Parkway);
Argent Road (From 20th A venue to the east);
Madison Avenue (Road 44 to Burden Blvd.);
Road 44 (Argent to Madison A venue);
Chapel Hill Blvd. (FCID Canal right-of-way to Churchill Downs Lane).
Bums Road (Broadmoor Blvd to Shoreline Road)
30 MPH.
S. 10th Avenue (W. Ainsworth Avenue to W. Sylvester Street);
N. 20th (W. "A" Street to airport terminal);
W. "A" Street (N. 20th Avenue to Road 28);
W. Clark Street (W. 5th Avenue to N. 18th Avenue);
W. Court Street (N. 1st Avenue west to Road 36);
W. Court Street (Road 96 Road 100 to Road 100 Harris Road);
E. Lewis Street (N. Beech Avenue to N. Cedar Avenue);
28th Avenue (W. "A" Street to W. Lewis Street);
W. Sylvester Street (N. 20th Avenue Road 54 to N. 7th Avenue);
Road 34 (W. Sylvester Street to W. Court Street);
Road 84 (Chapel Hill Blvd. to Argent Road);
Clemente Lane (Burden Blvd. to Wrigley Drive);
Wrigley Drive (Road 76 to Clemente Drive).
[Ord. 4687 § 1, 2023; Ord. 4488 § 1, 2020; Ord. 4151, 2014; Ord. 4045, 2012; Ord. 4025, 2011;
Ord. 4024, 2011; Ord. 3928, 2009; Ord. 3868, 2008; Ord. 3730 § 1, 2005; Ord. 3716 § 1, 2005; Ord.
3630 § 1, 2003; Ord. 3395 § 1, 1999; Ord. 3293 § 1, 1998; Ord. 3292 § 1, 1998; Ord. 3217 § 1,
1997; Ord. 2891 § 1, 1992; Ord. 2818 § 1-4, 1991; Ord. 2795 § 1-5, 1990; Ord. 2644 § 1, 1987;
Ord. 2536 § 1, 1985; Ord. 2493 § 1, 1984; Ord. 2486 § 1, 1984; Ord. 2165 § 1, 1980; Ord. 1979 § 1,
1978; Ord. 1793 § 1, 1976; Ord. 1578 § 1, 1973; Ord. 1475 § 1, 1971; Code 1970 § 10.24.040; Code
1954 § 8-14.12.]
Page 431 of 434
Ordinance – Amending PMC 10.35.030 - 4
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, on this ___ day of _____,
2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: _____________________________
Page 432 of 434
Promote a high-quality of life through quality programs, services and
appropriate investment and re- investment in community
infrastructure.
City Council Goals
QUALITY OF LIFE
2024-2025
Enhance the long-term viability, value, and service levels of services
and programs.
FINANCIAL SUSTAINABILITY
Promote a highly functional multi-modal transportation system.
COMMUNITY TRANSPORTATION NETWORK
Implement targeted strategies to reduce crime through strategic
investments in infrastructure, staffing, and equipment.
COMMUNITY SAFETY
Promote and encourage economic vitality.
ECONOMIC VITALITY
Identify opportunities to enhance City of Pasco identity, cohesion,
and image.
CITY IDENTITY
Page 433 of 434
METAS DEL CONCEJO MUNICIPAL
2024-2025
Promover una alta calidad de vida a través de programas, servicios
y inversion apropiada y reinversión en la comunidad infraestructura
comunitaria.
CALIDAD DE VIDA
Promover viabilidad financiera a largo plazo, valor, y niveles de
calidad de los servicios y programas.
SOSTENIBIILIDAD FINANCIERA
Promover un sistema de transporte multimodal altamente funcional.
RED DE TRANSPORTE DE LA COMUNIDAD
Implementar estrategias específicas para reducir la delincuencia por
medios de inversiones estratégicas en infraestructura, personal y equipo.
SEGURIDAD DE NUESTRA COMUNIDAD
Promover y fomentar vitalidad económica.
VITALIDAD ECONOMICA
Identificar oportunidades para mejorar la identidad comunitaria, la
cohesión, y la imagen.
IDENTIDAD COMUNITARIA
Page 434 of 434