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2025.05.14 HE Meeting Packet
AGENDA HEARING EXAMINER MEETING City Hall – 525 North Third Avenue Council Chambers WEDNESDAY, MAY 14, 2025 6:00 PM This meeting is broadcast live on PSC-TV Channel 191 on Charter Cable and streamed at www.pasco-wa.com/psctvlive. Audio equipment available for the hearing impaired; contact staff for assistance. I. CALL TO ORDER II. PUBLIC HEARINGS • PP 2025-002 Three Rivers Ranch Subdivision Applicant has submitted a Preliminary Plat (PP2025-002) for the subdivision of 140 residential lots within the R-4 (High-Density Residential) zoning district. The development will consist of single-family detached homes and will be constructed in two phases. • SP 2025-006 Burden Blvd Soccer Complex Improvement Applicant has submitted a Special Permit Application (SP2025-006) for the installation of field lights on the north most five soccer fields of the developed Pasco Sporting Complex. • SP 2025-003 Construction Craft Laborers Trade School Applicant has submitted a Special Permit Application (SP 2025-003) to operate a trade school within an existing building that was previously used as a warehouse. • Z 2025-004 Diaz C-1 to MU Applicant has submitted a SEPA Checklist (SEPA 2025-012) and a Rezone application (Z 2025-004) from C-1 (Retail Business) to MU (Mixed-Use) for only northern part of parcel (119451320 III. ADJOURNMENT REPORT TO THE HEARING EXAMINER City Hall – 525 North Third Avenue – Council Chambers WEDNESDAY, May 14, 2025 6:00 PM 1 MASTER FILE #: PP 2025-002 APPLICANT: MLC Laird Holdings II, LLC C/o Shawn Milligan 2323 S Bascom Ave, Ste 150A Campbell, CA 95008 REQUEST: Preliminary Plat: Subdivision of the northern portion of parcel 116030035 into 140 residential lots. Timeline: January 24, 2025 Preliminary Plat Application-PP2025-001 and SEPA Environmental Checklist- SEPA2025-005, submitted February 6, 2025 Applications Deemed Complete April 15, 2025 SEPA Determination of Non-Significance Issued April 22, 2025 Notice of Public Hearing for PP2025-002 Mailed to Properties Within 300 Feet of Proposed Subdivision April 23, 2025 Notice for Public Hearing for PP2025-002 Published in Tri-City Herald May 2, 2025 Public Hearing Staff Report Published BACKGROUND 1) PROPERTY DESCRIPTION: Legal: Northern portion of Parcel 116030035: THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 9 NORTH, RANGE 29 EAST, WILLAMETTE MERIDIAN, FRANKLIN COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 89°40'37” WEST ALONG THE NORTH LINE THEREOF A DISTANCE OF 844.22 FEET, MORE OR LESS, TO THE NORTHWEST CORNER OF THE FINAL PLAT OF THREE RIVERS WEST PHASE 4, AS RECORDED IN VOLUME D OF PLATS AT PAGE 523, UNDER AUDITOR'S FILE NUMBER 1859024, RECORD OF FRANKLIN COUNTY, WASHINGTON, BEING THE TRUE POINT OF BEGINNING; THENCE LEAVING THE NORTH LINE OF SAID NORTHEAST QUARTER, SOUTH 01°34'24” EAST ALONG THE WEST LINE OF SAID THREE RIVERS WEST PHASE 4 AND ITS SOUTHERLY PROJECTION A DISTANCE OF 2670.16 FEET TO ITS INTERSECTION WITH THE NORTHERLY MARGIN OF SANDIFUR PARKWAY, ALSO BEING THE SOUTHWEST CORNER OF LOT 1, PLAT OF THREE RIVERS WEST PHASE 1 AS RECORDED IN VOLUME D OF PLATS AT PAGE 469, UNDER AUDITOR'S FILE NUMBER 2 1819194, RECORDS OF FRANKLIN COUNTY, WASHINGTON; THENCE SOUTH 89°59'09” WEST ALONG SAID NORTHERLY MARGIN A DISTANCE OF 411.28 FEET, MORE OR LESS, TO THE SOUTHEAST CORNER OF LOT 4, BINDING SITE PLAT 2019-02 RECORDED IN VOLUME 1 OF BINDING SITE PLANS, AT PAGE 239, UNDER AUDITOR'S FILE NUMBER 1894875, RECORDS OF FRANKLIN COUNTY, WASHINGTON; THENCE ALONG THE EASTERLY AND NORTHERLY LINES OF SAID BINDING SITE PLAN THE FOLLOWING COURSES: NORTH 00°00'51” WEST A DISTANCE OF 238.71 FEET; THENCE SOUTH 89°59'09” WEST A DISTANCE OF 258.12 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 167.50 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 96°31'06” A DISTANCE OF 282.16 FEET; THENCE NORTH 06°30'15” EAST A DISTANCE OF 136.25 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 312.50 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17°17'00” A DISTANCE OF 94.27 FEET TO THE NORTHEAST CORNER OF LOT 1 OF SAID BINDING SITE PLAN; THENCE SOUTH 74°42'15" WEST ALONG THE NORTH LINE OF LOT 1 AND ITS WESTERLY PROJECTION A DISTANCE OF 360.28 FEET TO THE EASTERLY MARGIN OF ROAD 68; THENCE NORTH 15°01'31" WEST ALONG SAID EASTERLY MARGIN A DISTANCE OF 360.01 FEET; THENCE LEAVING SAID EASTERLY MARGIN, NORTH 74°58'29" EAST A DISTANCE OF 360.14 FEET TO THE BEGINNING OF AN NON-TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 578.75 FEET, THE CHORD OF WHICH BEARS NORTH 07°16'12" WEST A DISTANCE OF 88.40 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08°45'35" A DISTANCE OF 88.48 FEET; THENCE NORTH 11°39'00" WEST A DISTANCE OF 104.34 FEET TO THE SOUTH LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS SEGREGATION AREA 3 IN QUIT CLAIM DEED RECORDED UNDER AUDITOR'S FILE NUMBER 1930596, RECORDS OF FRANKLIN COUNTY WASHINGTON, ALSO BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 500.00 FEET, THE CHORD OF WHICH BEARS NORTH 73°48'59” EAST A DISTANCE OF 121.34 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND ALONG THE SOUTH LINE OF SAID PARCEL, THROUGH A CENTRAL ANGLE OF 13°56'20” A DISTANCE OF 121.64 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL; THENCE ALONG THE EAST LINE OF SAID PARCEL AND ITS NORTHERLY PROJECTION, NORTH 00°19'23” WEST A DISTANCE OF 1440.88 FEET TO ITS INTERSECTION WITH THE NORTH LINE OF SAID NORTHEAST QUARTER, ALSO BEING THE NORTHEAST CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS SEGREGATION AREA 2 IN QUIT CLAIM DEED RECORDED UNDER AUDITOR'S FILE NUMBER 1930597, RECORDS OF FRANKLIN COUNT, WASHINGTON; THENCE ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER, NORTH 89°40'37” EAST A DISTANCE OF 767.56 FEET TO THE POINT OF BEGINNING AND THE END OF THIS DESCRIPTION. (PARCEL B OF RS-1973890) General Location: Located to the north of future Three Rivers Drive, east of Road 68, south of future Burns Road, and west of Convention Drive. Property Size: Northern portion: 23.4 acres 2) ACCESS: The property will have access from future Burns Road and future Three Rivers Drive. 3) UTILITIES: Municipal water and sewer are available adjacent to Burns Road and will be required to be extended to and through. 4) LAND USE AND ZONING: The property is zoned R-4 (High Density Residential District) and is currently undeveloped and used for growing crops. Surrounding properties are zoned and developed as follows: North: R-S-40 Suburban (County)/Single Family Homes/Undeveloped/Agricultural East: R-1 Low Density Residential/Single Family Homes South: R-T Residential Transition/Undeveloped/Agricultural West: C-1 Retail Business/Clinic 3 5) COMPREHENSIVE PLAN: The City of Pasco Comprehensive Plan designates this site as “Mixed Residential/Commercial.” The Mixed Residential/Commercial designation accommodates a diverse range of housing, nonresidential uses, commercial uses, neighborhood retail and office uses, parks and recreation areas, and civic uses at a density of 5 to 29 dwelling units per acre, and may be assigned R-1, R-2, R-3, R-4, C-1, O and Mixed-Use zoning district designations. 6) ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist (SEPA2025-008), the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Determination of Non-Significance (DNS) was issued on April 15, 2025, for this project under WAC 197-11-355. ANALYSIS Request The applicant proposes to subdivide the northern portion of Parcel 116030035, totaling approximately 23.4 acres, into 140 individual lots intended for single-family detached residential development within the R-4 zoning district. The development will be constructed in two phases. Subdivision improvements will include mass grading, public roads, water, sewer, irrigation, and the extension of communication and power infrastructure. The project also includes extending existing City of Pasco public streets along the property’s frontage, specifically Burns Road and Three Rivers Drive. Additionally, two public pedestrian pathways are proposed to enhance walkability within the residential blocks. History The subject property was annexed into the City in 1981 via Ordinance 2388 and assigned the R-T zone through Resolution 1396. The property was subsequently rezoned from R-T to R-4 in September of 2022 via Ordinance 4609. Lot & Right-of-Way Layout The proposed preliminary plat would create a total of 140 lots designated for single-family residential development. The subdivision includes the dedication of land for public right-of-way and the construction of new roadways. This includes the planned extension of Burns Road, classified as a Principal Arterial, and Three Rivers Drive, classified as a Neighborhood Collector. Both streets run east–west and will be interconnected by a proposed north–south local access road situated on the western edge of the development. Additionally, four internal east–west local access roads are proposed, each approximately 512 feet in length, measured from intersection to intersection. Two north–south public pedestrian access easements are also proposed along the eastern portion of the site, providing pedestrian connectivity between Three Rivers Drive and Burns Road. The proposed lots have an average area of approximately 5,050 square feet, with the smallest lot measuring 4,000 square feet and the largest at 10,487 square feet. All lots within the plat will be provided access to public right-of-way. STAFF FINDINGS OF FACT 1) The subject property Comprehensive Plan designation is Mixed Residential/Commercial which allows for residential development at a density between 5 and 29 dwelling units per acre. 2) The proposed number of lots equates to 5.98 dwelling units per acre. 3) The project will involve the construction of new roadways to provide access to the new lots. 4 4) Provisions for a direct path for bikes and pedestrians, safe routes to school, and neighborhood traffic management measures are required as the proposed site is within one-half mile of a public school. 5) Water and Sewer will be extended to and through the right-of-way to provide all lots with access to utilities. 6) Water rights shall be either deeded to the City or an in-lieu of fee paid prior to recording of any final plat. 7) The Department of Archaeology and Historic Preservation (DAHP) received a Cultural Resources Report for the subject site dated October 2024 and issued their concurrence within the same month and year. 8) An Environmental Site Assessment Report dated October 22, 2024, was submitted and concluded that no recognized environmental conditions were identified on the site. 9) A Tier 2 Traffic Impact Analysis (TIA) memo dated March 31, 2025, determined that the proposed development will not necessitate off-site transportation improvements beyond the collection of applicable traffic impact fees. 10) Traffic, Park, and School impact fees will be collected for each lot prior to building permits being issued for new residences. TENTATIVE CONCLUSIONS BASED ON FINDINGS OF FACT As per PMC 21.25.060, Upon conclusion of the open record hearing, the Hearing Examiner shall make and enter findings from the record and conclusions thereof as to whether or not: (1) Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, transit stops, schools and school grounds, sidewalks for safe walking conditions for students, and other public needs; The proposed subdivision will be serviced by City emergency services and is located approximately 0.8 miles from Mariposa Park. The proposal will be required to construct the right-of-way to meet the requirements of PMC and the Pasco Design and Construction Standards. Utilities such as municipal water and sewer are required to be extended to and through the right-of-way to provide access to all lots within the proposed subdivision. Traffic, park, and school impact fees will be collected with each building permit issued for a new dwelling to account for impacts to the transit system, school system, and park land improvements and maintenance. (2) The proposed subdivision contributes to the orderly development and land use patterns in the area; The proposed development will consist of single-family detached residential dwellings consistent with the established residential development pattern in the surrounding area. Although certain lots are smaller in size compared to nearby parcels, each will be developed in accordance with the Zone District Standards. The developer will be required to construct full right-of-way improvements—including curb, gutter, sidewalk, and street lighting—to support safe pedestrian circulation and promote public welfare. The extension of Three Rivers Drive represents a key infrastructure component, facilitating an essential east- west corridor linking Road 68 to Road 56—an alignment exceeding one mile in length that will significantly improve local traffic circulation. (3) The proposed subdivision conforms to the policies, maps and narrative text of the Comprehensive Plan; • Housing Policy H-1-A: Allow for a full range of housing including single family homes, townhouses, condominiums, apartments, and manufactured housing, accessory dwelling units, zero lot line, planned unit developments etc. The R-4 zoning designation allows for a variety of dwelling types, this proposal would have only detached single-family dwellings matching the immediate vicinity. • Land Use Policy LU-2-B: Facilitate planned growth within the City limits and UGA, and promote infill developments in the City limits through periodic review of growth patterns and market demand 5 within each of the City’s land use designations. The proposal involves residential infill development within an area that has historically met the Comprehensive Plan's minimum density standards. It remains consistent with the Mixed Residential/Commercial land use designation outlined in the Comprehensive Plan and will contribute to increased housing availability. • Utilities Policy UT-1-A: Ensure that public water and sewer services are available concurrently with development in the urban growth area. Public water and sewer are available nearby. The proposal would bring public water and sewer to and through the property for each lots access and provide a closer access point for existing nearby properties that may want to connect or bring utilities to their property. (4) The proposed subdivision conforms to the general purposes of any applicable policies or plans which have been adopted by the City Council; The City Council has adopted the Pasco Comprehensive Plan which contains various goals and policies of which the proposal conforms to, see example policies under (3) of this section. Further, the proposal conforms with some Council’s 2022-2023 goals such as: • Economic Vitality: Implementation of the Comprehensive Land Use Plan through related actions including zoning code changes, phased sign code update, and development regulations and standards. In November of 2023 the City Council passed Ordinance 4700 relating to residential design standards. These standards provide various housing types, lot sizes, frontage widths etc. which the proposed plat will conform to and use. (5) The proposed subdivision conforms to the general purposes of this title; Title 21 “Pasco Urban Area Subdivision Regulations” contains requirements and procedures for various subdivision types. Requirements include those for streets, lots and blocks, and application materials for each type of subdivision action. The proposed subdivision would conform to the general purpose of title 21 with conditions of approval. (6) The public use and interest will be served by approval of the proposed subdivision. The proposed plat, if approved, will be developed in accordance with all City codes and standards designed to ensure the health, safety and general welfare of the community are met. The Comprehensive Plan will be implemented through the development of this plat. These factors will ensure the public use and interest are served. APPROVAL CONDITIONS 1) The Three Rivers Ranch subdivision shall be developed in substantial conformance with the submitted Plat. The subdivision shall contain 140 residential lots. 2) All frontage improvements associated with this project are to be made in accordance with City of Pasco Design and Construction Standards and Specifications for Public Works Improvements and Municipal Codes. 3) The face of the final plat shall include this statement: “As a condition of approval of this final plat the owner has waived the right to protest the formation of a Local Improvement District for right-of-way and utility improvements to the full extent as permitted by RCW 35.43.182.” 4) All stormwater is required to be maintained and treated on site in accordance with Washington State Department of Ecology and City of Pasco Standards. 5) Civil plans submitted for City approval must be designed and stamped by a Washington State Licensed Civil Engineer. 6) PMC 21.35.100 Underground Utilities: (1) All utility lines serving the subdivision, including but not limited 6 to power, telephone and television cables, shall be installed underground. Adequate easements shall be provided for all such utility lines, which will not be located within the right-of-way. However, discussions with Franklin PUD have made it clear that high voltage distribution lines will NOT be undergrounded. If the power poles fronting this development are High Voltage, they shall be allowed to remain above ground and developer will need to design and develop frontage improvements accordingly. These power poles may need to be relocated depending on design requirements, location, etc. 7) The developer shall connect the two existing 2" dead-end irrigation lines in Three Rivers Drive to complete a "loop." 8) The developer shall extend the Irrigation Main to-and-through and connect to existing system to the East of development. 9) Water in Burns Road to extend to-and-through unless a developer’s agreement is entered into which may include but not limited to paying for this developments "fair share" at the time the north half develops. 10) Sewer Mains shall be extended to-and-through Burns Road in accordance with City of Pasco Design and Construction Standards. 11) The face of the final plat shall include this statement: “The individual or company making improvements on a lot or lots of this plat is responsible for providing and installing all trench, conduit, primary vaults, secondary junction boxes, and backfill for the PUD’s primary and secondary distribution system in accordance with PUD specifications; said individual or company will make full advance payment of line extension fees and will provide all necessary utility easements prior to PUD construction and/or connection of any electrical service to or within the plat.” 12) Any existing water rights associated with the subject property shall be transferred to the City as a condition of approval. If no water rights are available, the property owner, in accordance with PMC 21.05.120, shall pay to the City, in lieu thereof, a water rights acquisition fee as established in the City Fee Summary Ordinance as identified in PMC 3.35. 13) Only City of Pasco and other authorized utilities with franchise agreements are allowed in the public right- of-way. 14) It shall be the responsibility of the property owner/developer to contact all utility owners to determine their system improvement requirements. Prior to subdivision construction plan submittal and/or review, the property owner/developer shall provide the City of Pasco written support/approval of the proposed development from all outside utilities, public and private. 15) All fee payments for bonding of Right-Of-Way improvements and Water Rights must be paid at or before the time of final plat being submitted for signatures. 16) Street lighting will be required per City standards. 17) The pedestrian access easements shown shall be dedicated as public right-of-way in accordance with PMC 21.15.100 and improved with a hard-surfaced, ADA-compliant path that is adequately illuminated. 18) In accordance with PMC 21.15.100, each pedestrian and bicycle accessway that intersects a neighborhood collector or local access street shall include a complete mid-block pedestrian crossing. Off- site improvements may be required to ensure the crossing is complete and includes a code-compliant, ADA-accessible receiving ramp. 19) Pursuant to PMC 21.35.090 the face of the final plat shall include this statement: “The developer shall install a common “Estate” type fence/wall six feet in height along Burns Road and as part of the infrastructure improvements associated with the plat. The fence/wall must be constructed of masonry block. Fence design and material must be approved by the Community and Economic Development 7 Director. An approved vision triangle at the intersection of streets will be required. Following construction of the masonry fence/wall, the City may make repairs or replace the fencing as needed. Property owners adjoining said fence shall be responsible for payment of all costs associated with maintenance and upkeep of the fence/wall.” 20) The developer or builder shall pay a "common area fee" to the City in accordance with PMC 25.180.060(6) and PMC 3.100 at the time building permits are issued for homes. These funds shall be deposited into a dedicated account as outlined in PMC 3.100 and used to support the maintenance of arterial boulevard strips. The City will not assume responsibility for maintaining the landscaping adjacent to these streets until all applicable fees for each adjoining phase have been collected. 21) Lots fronting Three Rivers Drive shall utilize shared driveways to comply with the minimum 75-foot spacing requirement for driveways along Neighborhood Collectors, as specified in PMC 21.20.010. Driveway spacing shall be measured from the edge of adjacent approaches. 22) The final plat shall include a comment stating: “Existing regulations regarding sight distance, fence height, and setbacks may affect the placement of fences and driveways on any corner lots.” RECOMMENDATION Staff recommends approval of the Three Rivers Ranch Preliminary Plat located at the northern portion of Parcel 116030035, Pasco, WA with conditions per above. A s h e n D r 2 0 0 W e s t m i n s t e r L n B a k e r l o o L n152 1 8 9 D e s e r e t D r 2 0 2201 R o a d 7 6 W r i g l e y D r L a n gara D r R o a d 8 4 D u n d a s L n S a v a r y D r V a l d e z L n T e x a d a L n L a t a h L n S n o q u a l m i e D r R o a d 6 8 B u r n s R d 1 5 3 1 5 4 1 8 7188 2 0 3 2 0 4 A r t h u r L n Robert W a y n e D r B u c h a n a n L n C o n v e n t i o n D r G r a n t L n O v e r t o n R d W a s h o u g a l L n C u r l e w L n O c h o c o L n Jacks o n L n W e s t p o r t L n J e f f e r s o n D r C l e v e l a n d L n M a r y h i l l L n R ea g a n W a y S andifur P k w y 1 5 6 1 8 6 1 5 5 1 8 5 Fo r b e s Ln Dusty-Maiden Dr Wils h i r e D r GrandviewDr Three Rivers Dr Fl o r e s L n Cu r l e w L n Em b e r L n R oad 56 Kingsbury Dr Westmoreland Ln Nash Dr Kensington Ct Gr a n t L n W rigley Dr Savary Dr Ro a d 6 4 Du ndas Ln M e l ody Ln Wrigley Dr Ro c k e t L n R i o G r a n d e S t RobertWayneDr Matia Ln Sand Dune Ln Ro a d 8 4 Ox f o r d Ln Ro a d 87 Toutle Ct Kettle Ct Ko o t e n a y C t Tucker Ct Polar Dr Mo o r g a t e L n Rea g a n W a y Ro a d 8 4 Wembley Dr Latah Ct Texada Ln Ar c t i c L n M arlin Ln Na c h e s C t Gl a c i e r L n En t i a t C t Br a n d o n C t Yankee Dr Powder Dr Blue Jay Dr Po l o L n Rio Grande L n O riole Ln La t a h L n Hornby Ln Brooklyn Ln Larrabee Ln Y e l lowstone D r Koufax Ln CooperstownLn Ro a d 8 9 Enzian Falls Dr May s L n Cas h m e r e L n Ro a d 8 4 P l Va l d e z L n Sandrift Dr Mo n t a g u e L n Jefferson Dr Leopard Dr Ar t h u r L n Ma r i n e r L n Cy Y o u n g L n Saddle Creek Ln T a f t D r Pi l o t L n La Salle Dr L a S a ll e L n Polk Ct White Bluffs Ct Carbon Ct Ri o G r a n d e L n W a l l o w a L n Pa d d i n g t o n L n Gatwick Ct Heathrow Ct Tottenham Ct Oc h o c o L n Ba k e r l o o Ln Westminster L n Ba y v i e w L n Basalt Falls Dr Mukilteo Dr K lickitat Ln Oka n o g a n L n Sophie Rae Ct ThreeRivers Pl L o d g e p ole Dr Ro a d 71 N Aldridge Ct Bridger Ct Landon Ct S noqualmie Dr Tekoa Dr Palouse Dr Ti g ue Ct Fillmore Dr Co w l i t z L n Nisqually Dr Piccadill y Dr Overland Ct Hudson Ct Zepher Ct Ruth Dr Alpine Lakes Dr Penrose Point Dr Mission Ridge Dr Wenatchee Ct Deschutes Dr Crooked River Ct Pacific Pines Dr Rush Creek Dr Damon Point Dr Skagit Dr Chehalis Dr Mckinley Ct Three Rivers Dr Coolidge Ct Wenatche e Dr RogueDr Glacier Peak Dr Skeena L n Ti g e r L n Camano Dr Arete Dr B o u l d e r D r W hidbey Dr Sandstone Dr Canyon Dr Lopez Dr Quatsino Dr Lummi Dr Orcas Dr Camden Dr Ebbets Dr Vendovi Dr Lancaster Dr Queensbury Dr Overton Rd Jac k s o n L n Galiano Dr Pender Dr Bonilla Dr Thetis Dr Salmon Dr Louisville Dr Tarn Dr Robinson Dr Saturna Dr Madeira Dr Kau Trail Rd Mayne Dr Zayas Dr Ro a d 5 8 Hudson Dr Chehalis Ln Redonda Dr DodgerDr Ro a d 7 0 N Ro a d 7 6 Comiskey Dr Silver Mound Dr Johnson Dr Budsage Dr Ashen Dr M iddle Fork St B e a c o n R o c k L n Oriole Dr Bu c h a n a n L n Cl e v e l a n d L n W allowa Ln Cl e m e n t e L n Ro a d 7 6 N Gehrig Dr Ro c k r o s e L n So m e r s e t L n Wi l d c a t L n Pa n t h e r L n Ri v e r h a w k L n Coppercap Mountain Ln Maryhill L n We s t p o r t L n Ha y e s L n Wa s h o u g a l L n Ashen Dr Silver Mound Dr Bulldog L n Candlestick Dr Stutz Dr Studebaker Dr Packard Dr Nash Dr Desoto Dr Ro a d 6 0 Cord Dr C o n v e n t ion Dr Deseret Dr 182 SANDIFUR PKWY R O A D 6 8 BURNS RD Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community 0 950 1,900 2,900 3,800480 Feet Overview Map SITE Item: Three Rivers Ranch Subdivision Applicant(s): MLC Laird Holdings II, LLC C/o Shawn Milligan File #: PP2025-002/SEPA2025-008 ± Va l d e z L n T e x a d a L n Mo ntague L n Snoqualmie Dr Dun d a sLn Fl o r e s L n Carbon Ct Hudson Dr Em b e r L n O riole L n Ti g e r L n Ma r i n e r L n R i o G r a n d e S t Robert W a y ne Dr Three Rivers Dr Kou fax Ln Sa n d D u n e L n Toutle Ct Kettle Ct Ko o t e n a y C t L a t a h C t Na c h e s C t En t i a t Ct Powder Dr Ri o G r a n d e L n La t a h L n Larrabee Ln Yellowstone Dr Enzian Falls Dr Selway D r Kau Trail Rd C a s h m e r e L n Comiskey Dr Sandrift Dr Cy Y o u n g L n Sad d l e Cree k Ln White Bluffs Ct Wenatchee Ct Rio G ran d e Ln W a l l o w a L n Oc h o c o L n B ay v iew L n Basalt Falls Dr Tieton L n Whidbey Dr Mukilteo Dr K li ck i tat L n Oka n o g a n L n Tekoa Dr Palouse Dr Co w l i t z L n Nisqually Dr Ro a d 7 6 Alpine Lakes Dr Penrose Point Dr Mission Ridge Dr Deschutes Dr Crooked River Ct Pacific Pines Dr Rush Creek Dr Damon P o i n t Dr Skagit Dr Ch e ha l is D r Ro a d 7 0 N Three Rivers Dr Ro a d 7 6 N Wenatchee Dr Rogue Dr Glacier Peak Dr S keena L n B o u l d er D r Canyon Dr Vendovi Dr Salmon D r Silver M ound Dr Robinson Dr Ashen Dr Ch e h al i s L n Redonda Dr Budsage Dr M idd le F o rk St B e a c o n R o c k L n Oriole Dr W allow aLn Burns R d Co pperca p Mou n tain Ln Maryhil l L n We s t p o r t L n Wa s h o u g a l L n C o n v e n t i o n Dr R O A D 6 8 R O A D 6 8 N SANDIFUR PKWY B U R NS RD Geophex Surveys Ltd, Maxar, Microsoft FHHW Vicinity Map SITE Item: Three Rivers Ranch Subdivision Applicant(s): MLC Laird Holdings II, LLC C/o Shawn Milligan File #: PP2025-002 / SEPA2025-008 ± B u d s a g e D r SkagitD r K l i c k i t a t L n L a t a h L n R o a d 7 6 R i o G r a n d e L n R o a d 6 8 W a s h o u g a l L n T h r e e R i v e r s D r C o n v e n t i o n D r O c h o c o L n E n z i a n F a l l s D r W e s t p o r t L n M i s s i o n R i d g e D r M a r y h i l l L n SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUsSFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUsSFDUsSFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUsSFDUsSFDUs SFDUs SFDUs SFDUs SFDUs SFDUs Residential - Multiunits Residential Other Residential Other Residential Other Residential Other Eating & Drinking Trade Professional Business Agriculture Activities AgricultureAgriculture Agriculture Agriculture Undeveloped Undeveloped Undeveloped UndevelopedUndeveloped Undeveloped Undeveloped Undeveloped Wa l l o w a L n Rio Grande Ln S addle Creek Ln La t a h L n Em b e r L n Toutle Ct Kettle Ct Ro a d 7 6 Ar c t i c L n Snoqualmie Dr Nisqually Dr Alpine Lakes Dr Skagit Dr Glacier L n Damon Point DrPowder Dr Rio Grande L n Salmon Dr Yellowsto n e Dr Selway Dr Glacier Peak Dr Three Rivers Dr Pacific Pines Dr Oc h o c o L n Penrose Point Dr White Bluffs Ct Mission Ridge Dr Rush Creek Dr W allowa L n Tekoa Dr Palouse Dr Crooked River Ct Three Rivers Dr Rogue Dr Sandstone Dr Polar Dr S k eena Ln Kl i c k i t a t L n Budsage Dr M i d dle Fork St W a l l o w a L n C o n v e n t i o n D r Ma r y h i l l L n Wa s h o u g a l L n We s t p o r t L n R O A D 6 8 BURNS RD Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community 0 250 500 750 1,000130 Feet Land Use Map SITE Item: Three Rivers Ranch Subdivision Applicant(s): MLC Laird Holdings II, LLC C/o Shawn Milligan File #: PP2025-002/SEPA2025-008 ± B u d s a g e D r SkagitD r K l i c k i t a t L n L a t a h L n R o a d 7 6 R i o G r a n d e L n R o a d 6 8 W a s h o u g a l L n T h r e e R i v e r s D r C o n v e n t i o n D r O c h o c o L n E n z i a n F a l l s D r W e s t p o r t L n M i s s i o n R i d g e D r M a r y h i l l L n R-4, High-Density Residential District C-1, Retail Business District R-1, Low-Density Residential District R-3, Medium-Density Residential District R-2, Medium-Density Residential District R-1, Low-Density Residential District C-1, Retail Business District R-3, Medium-Density Residential District R-T, Residential Transition District R-T, Residential Transition District R-1, Low-Density Residential District R-3, Medium-Density Residential District R-1, Low-Density Residential District C-1, Retail Business District SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUsSFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUsSFDUsSFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUsSFDUsSFDUs SFDUs SFDUs SFDUs SFDUs SFDUs Residential - Multiunits Residential Other Residential Other Residential Other Residential Other Eating & Drinking Trade Professional Business Agriculture Activities AgricultureAgriculture Agriculture Agriculture Undeveloped Undeveloped Undeveloped UndevelopedUndeveloped Undeveloped Undeveloped Undeveloped Wa l l o w a L n Rio Grande Ln Sa d d l e C r e e k L n La t a h L n Em b e r L n Toutle Ct Kettle Ct Ro a d 7 6 Ar c t i c L n Snoqualmie Dr Nisqually Dr Alpine Lakes Dr Skagit Dr Glacier L n Damon Point DrPowder Dr Rio Grande L n Salmon Dr Yellowsto n e Dr Selway Dr Glacier Peak Dr Three Rivers Dr Pacific Pines Dr Oc h o c o L n Penrose Point Dr White Bluffs Ct Mission Ridge Dr Rush Creek Dr W allowa L n Tekoa Dr Palouse Dr Crooked River Ct Three Rivers Dr Rogue Dr Sandstone Dr Polar Dr S k eena Ln Kl i c k i t a t L n Budsage Dr M i d dle Fork St Wa l l o w a L n Conve n t i o n D r Ma r y h i l l L n Wa s h o u g a l L n We s t p o r t L n R O A D 6 8 BURNS RD Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community 0 250 500 750 1,000130 Feet Zoning Map SITE Item: Three Rivers Ranch Subdivision Applicant(s): MLC Laird Holdings II, LLC C/o Shawn Milligan File #: PP2025-002/SEPA2025-008 ± B u d s a g e D r SkagitD r K l i c k i t a t L n L a t a h L n R o a d 7 6 R i o G r a n d e L n R o a d 6 8 W a s h o u g a l L n T h r e e R i v e r s D r C o n v e n t i o n D r O c h o c o L n E n z i a n F a l l s D r W e s t p o r t L n M i s s i o n R i d g e D r M a r y h i l l L n Wa l l o w a L n Rio Grande Ln S addle Creek Ln La t a h L n Em b e r L n Toutle Ct Kettle Ct Ro a d 7 6 Ar c t i c L n Snoqualmie Dr Nisqually Dr Alpine Lakes Dr Skagit Dr Glacier L n Damon Point DrPowder Dr Rio Grande L n Salmon Dr Yellowsto n e Dr Selway Dr Glacier Peak Dr Three Rivers Dr Pacific Pines Dr Oc h o c o L n Penrose Point Dr White Bluffs Ct Mission Ridge Dr Rush Creek Dr W allowa L n Tekoa Dr Palouse Dr Crooked River Ct Three Rivers Dr Rogue Dr Sandstone Dr Polar Dr S k eena Ln Kl i c k i t a t L n Budsage Dr M i d dle Fork St W a l l o w a L n C o n v e n t i o n D r Ma r y h i l l L n Wa s h o u g a l L n We s t p o r t L n R O A D 6 8 BURNS RD Medium Density Residential Medium Density Residential Mixed Residential Commercial Low Density Residential Low Density Residential Low Density Residential Medium Density Residential Mixed Residential Commercial Medium Density Residential Mixed Residential Commercial Commercial Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community 0 250 500 750 1,000130 Feet Comp Plan Map SITE Item: Three Rivers Ranch Subdivision Applicant(s): MLC Laird Holdings II, LLC C/o Shawn Milligan File #: PP2025-002/SEPA2025-008 ± \2 0 2 4 \ 2 4 0 7 4 - M L C B u r n s & 6 8 S u b d i v i s i o n \ D W G \ 2 4 0 7 4 P P 0 1 . d w g - A p r 0 1 , 2 0 2 5 - 0 9 : 0 5 a m - n b o TH R E E R I V E R S R A N C H 5401 RIDGELINE DR. SUITE 160 KENNEWICK, WA 99338 1-509-222-0959 www.knutzenengineering.com PR E L I M I N A R Y P L A T PP01PRELIMINARY PLATA1 0' 1"= 60' 30'60'120'180' NORTH 2 BUSINESS DAYS BEFORE YOU DIG CALL 811 VICINITY MAP NORTH three rivers ranch sUBDivisiOn CONTACT INFO BASIS OF BEARINGS BASIS OF ELEVATION LEGAL DESCRIPTION PRELIMINARY PLAT BU R N S R D T H R E E R I V E R S D R SITE “” ” ” ” ” ”” “” LAND USE SUMMARY PHASE 1PHASE 2 NOTE PO Box 3596 Pasco, WA 99302 509-531-7383 rrmx3@aol.com STATE OF WASHINGTON DEPARTMENT OF ECOLOGY Eastern Region Office 4601 North Monroe St., Spokane, WA 99205-1295 • 509-329-3400 February 25, 2025 Ivan Barragan City of Pasco, Community Development Department 525 N 3rd Ave, PO Box 293 Pasco, WA 99301-0293 Re: Three Rivers Ranch Subdivision Ecology SEPA# 202500464 Dear Ivan Barragan: Thank you for the opportunity to provide comments on the State Environmental Policy Act (SEPA) Notice of Application for the Three Rivers Ranch Subdivision proposal. Based on review of the checklist associated with this project, the Department of Ecology (Ecology) has the following comments: Water Resources Program Herm Spangle, (509) 209-3421, herm.spangle@ecy.wa.gov The water purveyor is responsible for ensuring that the proposed use(s) are within the limitations of its water rights. If the proposal’s actions are different than the existing water 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. If you have any questions or would like to respond to these comments, please contact the appropriate program staff listed above. If you have questions about SEPA, please reach out to sepahelp@ecy.wa.gov. Sincerely, Katy Moos Office Assistant Eastern Region Office PO Box 3596 Pasco, WA 99302 509-531-7383 rrmx3@aol.com This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance w-WA Mod (07/01/2021)Printed: 01.13.25 @ 02:02 PM Page 1 WA-CT-FKCO-02150.622451-SPS-1-25-62242402109 ALTA COMMITMENT FOR TITLE INSURANCE Commitment Number: issued by agent: 62242402109 Revision 2 NOTICE IMPORTANT - READ CAREFULLY: THIS COMMITMENT IS AN OFFER TO ISSUE ONE OR MORE TITLE INSURANCE POLICIES. ALL CLAIMS OR REMEDIES SOUGHT AGAINST THE COMPANY INVOLVING THE CONTENT OF THIS COMMITMENT OR THE POLICY MUST BE BASED SOLELY IN CONTRACT. THIS COMMITMENT IS NOT AN ABSTRACT OF TITLE, REPORT OF THE CONDITION OF TITLE, LEGAL OPINION, OPINION OF TITLE, OR OTHER REPRESENTATION OF THE STATUS OF TITLE. THE PROCEDURES USED BY THE COMPANY TO DETERMINE INSURABILITY OF THE TITLE, INCLUDING ANY SEARCH AND EXAMINATION, ARE PROPRIETARY TO THE COMPANY, WERE PERFORMED SOLELY FOR THE BENEFIT OF THE COMPANY, AND CREATE NO EXTRACONTRACTUAL LIABILITY TO ANY PERSON, INCLUDING A PROPOSED INSURED. THE COMPANY’S OBLIGATION UNDER THIS COMMITMENT IS TO ISSUE A POLICY TO A PROPOSED INSURED IDENTIFIED IN SCHEDULE A IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF THIS COMMITMENT. THE COMPANY HAS NO LIABILITY OR OBLIGATION INVOLVING THE CONTENT OF THIS COMMITMENT TO ANY OTHER PERSON. COMMITMENT TO ISSUE POLICY Subject to the Notice; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and the Commitment Conditions, Chicago Title Insurance Company, a Florida corporation (the "Company"), commits to issue the Policy according to the terms and provisions of this Commitment. This Commitment is effective as of the Commitment Date shown in Schedule A for each Policy described in Schedule A, only when the Company has entered in Schedule A both the specified dollar amount as the Proposed Amount of Insurance and the name of the Proposed Insured. If all of the Schedule B, Part I-Requirements have not been met within one hundred eighty (180) days after the Commitment Date, this Commitment terminates and the Company’s liability and obligation end. Chicago Title Insurance Company By: Countersigned By: Dylan Strait Authorized Officer or Agent Michael J. Nolan, President Attest: Marjorie Nemzura, Secretary This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance w-WA Mod (07/01/2021)Printed: 01.13.25 @ 02:02 PM Page 2 WA-CT-FKCO-02150.622451-SPS-1-25-62242402109 CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 62242402109 REVISION 2 Transaction Identification Data, for which the Company assumes no liability as set forth in Commitment Condition 5.e.: ISSUING OFFICE:FOR SETTLEMENT INQUIRIES, CONTACT: Title Officer: Christopher Hull Chicago Title Company of Washington 9001 W. Tucannon Avenue, Suite 220 Kennewick, WA 99336 Phone: (509)735-1575 Fax: (509)735-0707 Main Phone: (509)735-1575 Email: Christopher.Hull@ctt.Com Escrow Officer: Mayra Valdovinos Chicago Title Company of Washington 9001 W. Tucannon Avenue, Suite 220 Kennewick, WA 99336 Phone: 509-735-1575 Fax: 509-735-0707 Main Phone: (509)735-1575 Email: Mayra.Valdovinos@ctt.com Order Number:62242402109 SCHEDULE A 1.Commitment Date: January 8, 2025 at 08:00 AM 2.Policy to be issued: (a)ALTA Owner's Policy 2021 w-WA Mod Proposed Insured:MLC Laird Holdings II, LLC, a Washington limited liability company Proposed Amount of Insurance:$4,600,000.00 The estate or interest to be insured:Fee Simple Premium:$11,115.00 Tax:$967.01 Rate:Extended Total:$12,082.01 3.The estate or interest in the Land at the Commitment Date is: Fee Simple 4.The Title is, at the Commitment Date, vested in: Glacier Peak 68, L.L.C., a Washington limited liability company; Lee Eickmeyer, as his sole and separate estate; Jacqueline L. Hanson, who acquired title as Jacqueline L. Mullen, as her sole and separate estate; and Mark Sullivan and Mary Jo Sullivan, husband and wife. 5.The Land is described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF END OF SCHEDULE A EXHIBIT "A" Legal Description This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance w-WA Mod (07/01/2021)Printed: 01.13.25 @ 02:02 PM Page 3 WA-CT-FKCO-02150.622451-SPS-1-25-62242402109 THAT PORTION OF THAT PARCEL SHOWN AS “PARCEL B” OF THAT SURVEY RECORDED UNDER AUDITOR'S FILE NUMBER 1973890, RECORDS OF FRANKLIN COUNTY, WASHINGTON, LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE STREET INTERSECTION OF THREE RIVERS DRIVE AND RIO GRANDE LANE, AS SHOWN ON THE PLAT OF THREE RIVERS WEST, PHASE 2, RECORDED IN VOLUME D OF PLATS, PAGE 477, RECORDS OF FRANKLIN COUNTY, SAID POINT BEING THE BEGINNING OF A CURVE, CONCAVE TO THE SOUTH, HAVING A RADIUS OF 500.00 FEET; THENCE WESTERLY 38.80 FEET ALONG THE ARC OF SAID CURVE AND ALONG THE CENTERLINE OF THREE RIVERS DRIVE THROUGH A CENTRAL ANGLE OF 4°26'47” (THE LONG CHORD OF SAID CURVE BEARS NORTH 89°21'22” WEST 38.79 FEET); THENCE SOUTH 88°28'10” WEST 103.23 FEET ALONG SAID CENTERLINE TO THE WESTERLY BOUNDARY OF SAID PLAT AND THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 88°28'10” WEST 246.61 FEET TO THE BEGINNING OF A CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 500.00 FEET; THENCE SOUTHWESTERLY 188.73 FEET ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21°37'36”; THENCE SOUTH 66°50'34” WEST 395.64 FEET TO THE WESTERLY BOUNDARY OF SAID “PARCEL B” AND THE TERMINUS OF SAID DESCRIBED LINE. ALSO SHOWN as New Parcel 1 of Record Survey recorded under Auditor's File No. 1994535. This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance w-WA Mod (07/01/2021)Printed: 01.13.25 @ 02:02 PM Page 4 WA-CT-FKCO-02150.622451-SPS-1-25-62242402109 CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 62242402109 REVISION 2 SCHEDULE B, PART I - Requirements All of the following Requirements must be met: 1.The Proposed Insured must notify the Company in writing of the name of any party not referred to in this Commitment who will obtain an interest in the Land or who will make a loan on the Land. The Company may then make additional Requirements or Exceptions. 2.Pay the agreed amount for the estate or interest to be insured. 3.Pay the premiums, fees, and charges for the Policy to the Company. 4.Documents satisfactory to the Company that convey the Title or create the Mortgage to be insured, or both, must be properly authorized, executed, delivered, and recorded in the Public Records. 5.Additional requirements and/or exceptions may be added as details of the transaction are disclosed to, or become known by the Company. 6.The application for title insurance was placed by reference to only a street address or tax identification number. The proposed Insured must confirm that the legal description in this report covers the parcel(s) of Land requested to be insured. If the legal description is incorrect, the proposed Insured must notify the Company and/or the settlement company in order to prevent errors and to be certain that the legal description for the intended parcel(s) of Land will appear on any documents to be recorded in connection with this transaction and on the policy of title insurance. 7.If documents for this transaction are to be signed using Remote Online Notary, we require the use of company approved RON providers which can be found here: <https://nationalagency.fnf.com/digitalclosinghub/RON-Technology-Providers>. The Notarial Certificate must state “This notarial act involved the use of communication technology.” We require a copy of the notarization video for our file documentation prior to closing. Additional underwriting requirements may need to be satisfied. CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 62242402109 REVISION 2 SCHEDULE B, PART I - Requirements (continued) This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance w-WA Mod (07/01/2021)Printed: 01.13.25 @ 02:02 PM Page 5 WA-CT-FKCO-02150.622451-SPS-1-25-62242402109 8.Payment of the real estate excise tax, if required. The Land is situated within the boundaries of local taxing authority of Pasco. The rate of real estate excise tax for properties which are not formally classified and specially valued as timberland or agricultural land is: State portion:1.10% on any portion of the sales price of $525,000 or less; 1.28% on any portion of the sales price above $525,000, up to $1,525,000; 2.75% on any portion of the sales price above $1,525,000, up to $3,025,000; 3.00% on any portion of the sales price above $3,025,000; The rate of excise for properties formally classified as timberland or agriculture land will be 1.28% for the State portion on the entire sales price. Local portion:.50% on the entire sales price. An additional $5.00 State Technology Fee must be included in all excise tax payments. If the transaction is exempt, an additional $5.00 Affidavit Processing Fee is required. Any conveyance document must be accompanied by the official Washington State Excise Tax Affidavit, which can be found online HERE <https://dor.wa.gov/get-form-or-publication/forms-subject/real-estate-excise-tax>. The applicable excise tax must be paid and the affidavit approved at the time of the recording of the conveyance documents. (NOTE: Real Estate Excise Tax Affidavits must be printed as legal size forms). 9.NOTE: We have reviewed the authority documentation for Glacier Peak 68 LLC. Based on our review, the requirement(s) in paragraph(s) 9 will not appear on the policy issued if the following conditions are met on the instrument to be insured: 1. Randy R. Mullen must sign as Manager of said entity. 2. All signature(s) must be notarized in an appropriate representative capacity. CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 62242402109 REVISION 2 SCHEDULE B, PART I - Requirements (continued) This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance w-WA Mod (07/01/2021)Printed: 01.13.25 @ 02:02 PM Page 6 WA-CT-FKCO-02150.622451-SPS-1-25-62242402109 10.The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance from the entity named below. Limited Liability Company: MLC Laird Holdings II LLC a.A copy of its operating agreement, if any, and any and all amendments, supplements and/or modifications thereto, certified by the appropriate manager or member. b.If a domestic Limited Liability Company, a copy of its Articles of Organization and all amendment thereto with the appropriate filing stamps. c.If the Limited Liability Company is member-managed a full and complete current list of members certified by the appropriate manager or member. d.A current dated certificate of good standing from the proper governmental authority of the state in which the entity was created e.If less than all members, or managers, as appropriate, will be executing the closing documents, furnish evidence of the authority of those signing. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. 11.Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. 12.It is our understanding that the parties to the transaction intend to change or modify the legal description of the Land prior to or at closing. The appropriate documentation to alter the legal description of the Land must be furnished to the Company for review prior to recording. No insurance of the new legal description will be provided until the alteration [or change or modification or any combination of the three] has been approved by the appropriate municipal entity and/or County and the appropriate documentation has been recorded. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. 13.The Company will require an ALTA/NSPS LAND TITLE SURVEY. If the owner of the Land that is the subject of this transaction is in possession of a current ALTA/NSPS LAND TITLE SURVEY, the Company will require that said survey be submitted for review and approval; otherwise, a new survey, satisfactory to the Company, must be prepared by a licensed land surveyor and supplied to the Company prior to the close of escrow. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 62242402109 REVISION 2 SCHEDULE B, PART I - Requirements (continued) This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance w-WA Mod (07/01/2021)Printed: 01.13.25 @ 02:02 PM Page 7 WA-CT-FKCO-02150.622451-SPS-1-25-62242402109 14.Matters Relating to ALTA Extended Coverage: Please have the Owners affidavit and indemnity for extended coverage policies signed and returned to our office prior to closing. END OF REQUIREMENTS NOTES The following matters will not be listed as Special Exceptions in Schedule B of the policy. There will be no coverage for loss arising by reason of the matters listed below because these matters are either excepted or excluded from coverage or are not matters covered under the insuring provisions of the policy. Note A:Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. Note B:Note: FOR INFORMATIONAL PURPOSES ONLY: The following may be used as an abbreviated legal description on the documents to be recorded, per Amended RCW 65.04.045. Said abbreviated legal description is not a substitute for a complete legal description within the body of the document: PTN NE 9/9/29 Tax Account No.: 116030035 PARENT PARCEL Note C:Note: Examination of the Public Records discloses no judgments or other matters pending against the name of the vested owner. Note D:Note: Examination of the Public Records discloses no judgments or other matters pending against the name(s) of the proposed insured which would appear as exceptions in the policy. Note E:Note: This map/plat is being furnished as an aid in locating the herein described Land in relation to adjoining streets, natural boundaries and other land. Except to the extent a policy of title insurance is expressly modified by endorsement, if any, the Company does not insure dimensions, distances or acreage shown thereon. CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 62242402109 REVISION 2 SCHEDULE B, PART I - Requirements (continued) This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance w-WA Mod (07/01/2021)Printed: 01.13.25 @ 02:02 PM Page 8 WA-CT-FKCO-02150.622451-SPS-1-25-62242402109 Note F:Please be advised we submit documents to the county for processing and recording via e-filing using a 3rd party vendor. Please make checks for excise tax and recording fees payable to the Company. Effective February 1, 2024 there is an additional $15.00 fee for electronic recording service(s). NOTE: Not all recordings qualify for e-filing. Note G:Recording charges (per document title) for closings on January 1, 2024, and after, for all Washington counties: Deed of Trust - $304.50 and $1 for each additional page. Most other Docs, except as noted below - $303.50 and $1 for each additional page. Assignment of Deed of Trust, Substitution or Appointment of Successor Trustee - $18.00 and $1 for each additional page Multiple titled documents are charged per applicable title. Effective February 1, 2024 there is an additional $15.00 fee for electronic recording service(s). RECORDING CHARGES ARE SUBJECT TO CHANGE WITHOUT NOTICE. Note H:In the event the transaction fails to close and this commitment is cancelled, a fee will be charged to comply with the State Insurance Code and the filed schedule of this Company. Note I:Any documents being executed in conjunction with this transaction must be signed in the presence of an authorized Company employee, an authorized employee of an agent, an authorized employee of the insured lender, or by using Bancserv or other approved third-party service. If the above requirement cannot be met, please call the Company at the number provided in this report. Note J:As part of the Company’s commitment to the environment, we encourage the paperless distribution of our products whenever possible. To help conserve natural resources, we will automatically issue the forthcoming original policy(ies) electronically. Please provide us with a current e-mail address for the new owner and/or lender prior to closing or by emailing WRCPF.PolicyDesk@TitleGroup.FNTG.com. Hard copy versions may be issued upon request. CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 62242402109 REVISION 2 SCHEDULE B, PART I - Requirements (continued) This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance w-WA Mod (07/01/2021)Printed: 01.13.25 @ 02:02 PM Page 9 WA-CT-FKCO-02150.622451-SPS-1-25-62242402109 Note K:Note: Property taxes for the fiscal year shown below are PAID. For proration purposes the amounts were: Tax Identification No.:116030035 PARENT PARCEL Code Area No.:101 Fiscal Year:2024 Amount:$1,461.84 Land:$4,885,900.00 Improvements:$0.00 END OF NOTES END OF SCHEDULE B, PART I This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance w-WA Mod (07/01/2021)Printed: 01.13.25 @ 02:02 PM Page 10 WA-CT-FKCO-02150.622451-SPS-1-25-62242402109 CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 62242402109 REVISION 2 SCHEDULE B, PART II - Exceptions Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This Commitment and the Policy treat any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document will be excepted from coverage. The Policy will not insure against loss or damage resulting from the terms and conditions of any lease or easement identified in Schedule A, and will include the following Exceptions unless cleared to the satisfaction of the Company: GENERAL EXCEPTIONS A. Rights or claims of parties in possession, or claiming possession, not shown by the Public Records. B. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. C. Easements, prescriptive rights, rights-of-way, liens or encumbrances, or claims thereof, not shown by the Public Records. D. Any lien, or right to a lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the Public Records. E. Taxes or special assessments which are not yet payable or which are not shown as existing liens by the Public Records. F. Any lien for service, installation, connection, maintenance, tap, capacity, or construction or similar charges for sewer, water, electricity, natural gas or other utilities, or for garbage collection and disposal not shown by the Public Records. G. Unpatented mining claims, and all rights relating thereto. H. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof. I. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. J. Water rights, claims or title to water. K. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I—Requirements are met. CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 62242402109 REVISION 2 SCHEDULE B, PART II - Exceptions (continued) This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance w-WA Mod (07/01/2021)Printed: 01.13.25 @ 02:02 PM Page 11 WA-CT-FKCO-02150.622451-SPS-1-25-62242402109 SPECIAL EXCEPTIONS 1.Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the year 2025. 2.This land is included in the South Columbia Basin Irrigation District and is subject to the laws of the United States and the State of Washington relative to the Columbia Basin Project and is liable for further assessments, if any, levied by said district. 3.Terms, covenants and conditions contained in Application for Current Use Classification, entered into pursuant to RCW 84.34 (including potential liability for future applicable taxes, penalties and interest upon breach of, or withdrawal from, said classification); notice of approval being recorded under Recording No.: 389663 Records of: Franklin County, Washington Classification: Farm and Agricultural 4.Right to enter upon said premises and other property and construct, and maintain pipelines, canals or laterals, including the banks thereof, and to dump waste materials in connection therewith, granted to the United States of America by instrument recorded December 19, 1946, under Auditor's File No. 108994 together with the right of ingress and egress thereto. 5.Easement including the terms, covenants and provisions thereof, as conveyed by instrument Recorded: November 19, 1974 Recording No.: 349041 Records of: Franklin County, Washington In favor of: UNITED STATES OF AMERICA For: A perpetual easement and right to enter and erect, maintain, repair, rebuild, operate, and patrol one line of electric power transmission structure and appurtenant signal lines Affects: The South 50 feet of the North 57.5 feet and the East 22.5 feet of the North 7.5 feet of Section 9 6.Easement including the terms, covenants and provisions thereof, as disclosed by instrument Recorded: March 19, 1990 Recording No.: 470492 Records of: Franklin County, Washington For: Ingress, egress and utilities Affects: North 30 feet of Section 9 7.Agreement dated October 24, 1973 between the UNITED STATES OF AMERICA, SOUTH COLUMBIA BASIN IRRIGATION DISTRICT and BURLINGTON NORTHERN, INC., recorded December 20, 1973, under Auditor's File No. 342199, providing for the development of irrigation facilities by the company with private capitol until such time as its lands are included within the irrigation blocks, at which time the company will sell its basic ground water withdrawal facilities as are needed by the District and will then take delivery of water from said District. CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 62242402109 REVISION 2 SCHEDULE B, PART II - Exceptions (continued) This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance w-WA Mod (07/01/2021)Printed: 01.13.25 @ 02:02 PM Page 12 WA-CT-FKCO-02150.622451-SPS-1-25-62242402109 8.Reservation of minerals or mineral lands, access rights and use of surface area for mining operations, contained in Contract From: GLACIER PARK COMPANY Recorded: March 19, 1990 Recording No.: 470492 Records of: Franklin County, Washington This report does not include present ownership of the above mineral rights. 9.Reservation of Easement as contained in dedication deed recorded May 28, 2004, under Auditor's File No. 1645275, which was a re-recording of instrument recorded April 23, 2004, under Auditor's File No. 1643391 10.Quit Claim Deed and Bill of Sale between the United States of America and Franklin County Public Utility District No. 1 recorded June 12, 2009 under Auditor's File No. 1735711, regarding a transmission line. 11.Notice Regarding Water Rights filed by the City of Pasco recorded September 12, 2003, under Auditor's File No. 1631629. 12.Terms and conditions contained in document entitled Pipeline Easement recorded Septmber 30, 2002, under Auditor's File No. 1612570. 13.Terms and Conditions contained in Document entitled Access Agreement and Recorded September 30, 2002, under Auditor's File No. 1612571. 14.Affidavit of Franklin County Engineer recorded August 22, 1995, under Auditor's File No. 523344 15.Irrigation Agreement and the terms and condtions thereof: Grantor: Hayden Homes, LLC Grantee: Lee Eickmeyer, as his separate property, Jacqueline L. Hanson, as her separate property, Mark & Mary Joe Sullivan, husband and wife, Randy Mullen, as his separate proprety Dated: January 25, 2014 Recorded: January 15, 2014 Recording No.: 1810475 16.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to:Columbia Basin Health Association Purpose:Road and Utility Easement Agreement Recording Date:May 28, 2024 Recording No.:1986566 CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 62242402109 REVISION 2 SCHEDULE B, PART II - Exceptions (continued) This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance w-WA Mod (07/01/2021)Printed: 01.13.25 @ 02:02 PM Page 13 WA-CT-FKCO-02150.622451-SPS-1-25-62242402109 17.Notice of Additional Water Facility Tap or Connection Charge recorded September 24, 2024 under Auditor's File No. 1990774. 18.Notice of Additional Sewer Facility Tap or Connection Charge recorded September 24, 2024 under Auditor's File No. 1990775. 19.Notice of Additional Street Facility Connection Charge recorded September 24, 2024 under Auditor's File No. 1990776. 20.Notice of Additional Irrigation Facility Tap or Connection Charge recorded September 24, 2024 under Auditor's File No. 1990777. END OF SCHEDULE B, PART II CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 62242402109 REVISION 2 This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance w-WA Mod (07/01/2021)Printed: 01.13.25 @ 02:02 PM Page 14 WA-CT-FKCO-02150.622451-SPS-1-25-62242402109 COMMITMENT CONDITIONS 1.DEFINITIONS a."Discriminatory Covenant": Any covenant, condition, restriction, or limitation that is unenforceable under applicable law because it illegally discriminates against a class of individuals based on personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or other legally protected class. b."Knowledge" or "Known": Actual knowledge or actual notice, but not constructive notice imparted by the Public Records. c."Land": The land described in Item 5 of Schedule A and improvements located on that land that by State law constitute real property. The term "Land" does not include any property beyond that described in Schedule A, nor any right, title, interest, estate, or easement in any abutting street, road, avenue, alley, lane, right-of-way, body of water, or waterway, but does not modify or limit the extent that a right of access to and from the Land is to be insured by the Policy. d."Mortgage": A mortgage, deed of trust, trust deed, security deed, or other real property security instrument, including one evidenced by electronic means authorized by law. e."Policy": Each contract of title insurance, in a form adopted by the American Land Title Association, issued or to be issued by the Company pursuant to this Commitment. f."Proposed Amount of Insurance": Each dollar amount specified in Schedule A as the Proposed Amount of Insurance of each Policy to be issued pursuant to this Commitment. g."Proposed Insured": Each person identified in Schedule A as the Proposed Insured of each Policy to be issued pursuant to this Commitment. h."Public Records": The recording or filing system established under State statutes in effect at the Commitment Date under which a document must be recorded or filed to impart constructive notice of matters relating to the Title to a purchaser for value without Knowledge. The term "Public Records" does not include any other recording or filing system, including any pertaining to environmental remediation or protection, planning, permitting, zoning, licensing, building, health, public safety, or national security matters. i."State": The state or commonwealth of the United States within whose exterior boundaries the Land is located. The term "State" also includes the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, and Guam. j."Title": The estate or interest in the Land identified in Item 3 of Schedule A. 2.If all of the Schedule B, Part I-Requirements have not been met within the time period specified in the Commitment to Issue Policy, this Commitment terminates and the Company's liability and obligation end. 3.The Company's liability and obligation is limited by and this Commitment is not valid without: a.the Notice; b.the Commitment to Issue Policy; c.the Commitment Conditions; d.Schedule A; e.Schedule B, Part I-Requirements; and f.Schedule B, Part II-Exceptions; and g.a counter-signature by the Company or its issuing agent that may be in electronic form. 4.COMPANY'S RIGHT TO AMEND The Company may amend this Commitment at any time. If the Company amends this Commitment to add a defect, lien, encumbrance, adverse claim, or other matter recorded in the Public Records prior to the Commitment Date, any liability of the Company is limited by Commitment Condition 5. The Company is not liable for any other amendment to this Commitment. 5.LIMITATIONS OF LIABILITY a.The Company's liability under Commitment Condition 4 is limited to the Proposed Insured's actual expense incurred in the interval between the Company's delivery to the Proposed Insured of the Commitment and the delivery of the amended Commitment, resulting from the Proposed Insured's good faith reliance to: i.comply with the Schedule B, Part I-Requirements; ii.eliminate, with the Company's written consent, any Schedule B, Part II-Exceptions; or iii.acquire the Title or create the Mortgage covered by this Commitment. b.The Company is not liable under Commitment Condition 5.a. if the Proposed Insured requested the amendment or had Knowledge of the matter and did not notify the Company about it in writing. c.The Company is only liable under Commitment Condition 4 if the Proposed Insured would not have incurred the expense had the Commitment included the added matter when the Commitment was first delivered to the Proposed Insured. d.The Company's liability does not exceed the lesser of the Proposed Insured's actual expense incurred in good faith and described in Commitment Condition 5.a.or the Proposed Amount of Insurance. CHICAGO TITLE COMPANY OF WASHINGTON COMMITMENT NO. 62242402109 REVISION 2 (continued) This page is only a part of a 2021 ALTA® Commitment for Title Insurance issued by Chicago Title Insurance Company. This Commitment is not valid without the Notice; the Commitment to Issue Policy; the Commitment Conditions; Schedule A; Schedule B, Part I-Requirements; Schedule B, Part II-Exceptions; and a counter-signature by the Company or its issuing agent that may be in electronic form. Copyright American Land Title Association. All rights reserved. The use of this Form (or any derivative thereof) is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment for Title Insurance w-WA Mod (07/01/2021)Printed: 01.13.25 @ 02:02 PM Page 15 WA-CT-FKCO-02150.622451-SPS-1-25-62242402109 e.The Company is not liable for the content of the Transaction Identification Data, if any. f.The Company is not obligated to issue the Policy referred to in this Commitment unless all of the Schedule B, Part I-Requirements have been met to the satisfaction of the Company. g.The Company's liability is further limited by the terms and provisions of the Policy to be issued to the Proposed Insured. 6.LIABILITY OF THE COMPANY MUST BE BASED ON THIS COMMITMENT; CHOICE OF LAW AND CHOICE OF FORUM a.Only a Proposed Insured identified in Schedule A, and no other person, may make a claim under this Commitment. b.Any claim must be based in contract under the State law of the State where the Land is located and is restricted to the terms and provisions of this Commitment. Any litigation or other proceeding brought by the Proposed Insured against the Company must be filed only in a State or federal court having jurisdiction. c.This Commitment, as last revised, is the exclusive and entire agreement between the parties with respect to the subject matter of this Commitment and supersedes all prior commitment negotiations, representations, and proposals of any kind, whether written or oral, express or implied, relating to the subject matter of this Commitment. d.The deletion or modification of any Schedule B, Part II-Exception does not constitute an agreement or obligation to provide coverage beyond the terms and provisions of this Commitment or the Policy. e.Any amendment or endorsement to this Commitment must be in writing and authenticated by a person authorized by the Company. f.When the Policy is issued, all liability and obligation under this Commitment will end and the Company's only liability will be under the Policy. 7.IF THIS COMMITMENT IS ISSUED BY AN ISSUING AGENT The issuing agent is the Company's agent only for the limited purpose of issuing title insurance commitments and policies. The issuing agent is not the Company's agent for closing, settlement, escrow, or any other purpose. 8.PRO-FORMA POLICY The Company may provide, at the request of a Proposed Insured, a pro-forma policy illustrating the coverage that the Company may provide. A pro-forma policy neither reflects the status of Title at the time that the pro-forma policy is delivered to a Proposed Insured, nor is it a commitment to insure. 9.CLAIMS PROCEDURES This Commitment incorporates by reference all Conditions for making a claim in the Policy to be issued to the Proposed Insured. Commitment Condition 9 does not modify the limitations of liability in Commitment Conditions 5 and 6. 10.CLASS ACTION ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS COMMITMENT, INCLUDING ANY SERVICE OR OTHER MATTER IN CONNECTION WITH ISSUING THIS COMMITMENT, ANY BREACH OF A COMMITMENT PROVISION, OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING RISE TO THIS COMMITMENT, MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS OR REPRESENTATIVE PROCEEDING. ANY POLICY ISSUED PURSUANT TO THIS COMMITMENT WILL CONTAIN A CLASS ACTION CONDITION. 11.ARBITRATION - INTENTIONALLY DELETED END OF CONDITIONS RECORDING REQUIREMENTS Recording Requirements Printed: 01.13.25 @ 02:02 PM by CH WA00001078.doc / Updated: 12.14.20 WA-CT-FKCO-02150.622449-62242402109 Effective January 1, 1997, document format and content requirements have been imposed by Washington Law. Failure to comply with the following requirements may result in rejection of the document by the county recorder or imposition of a $50.00 surcharge. First page or cover sheet: 3" top margin containing nothing except the return address. 1" side and bottom margins containing no markings or seals. Title(s) of documents. Recording no. of any assigned, released or referenced document(s). Grantors names (and page no. where additional names can be found). Grantees names (and page no. where additional names can be found). Abbreviated legal description (Lot, Block, Plat Name or Section, Township, Range and Quarter, Quarter Section for unplatted). Said abbreviated legal description is not a substitute for a complete legal description which must also appear in the body of the document. Assessor’s tax parcel number(s). Return address (in top 3" margin). **A cover sheet can be attached containing the above format and data if the first page does not contain all required data. Additional Pages: 1" top, side and bottom margins containing no markings or seals. All Pages: No stapled or taped attachments. Each attachment must be a separate page. All notary and other pressure seals must be smudged for visibility. Font size of 8 points or larger. Wire Fraud Alert Original Effective Date:5/11/2017 Current Version Date:5/11/2017 62242402109-MV - WIRE0016 (DSI Rev. 12/07/17) TM and © Fidelity National Financial, Inc. and/or an affiliate. All rights reserved WIRE FRAUD ALERT This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer. All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds. In addition, the following non-exclusive self-protection strategies are recommended to minimize exposure to possible wire fraud. NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction. ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster. USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts. USE MULTI-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature. For more information on wire-fraud scams or to report an incident, please refer to the following links: Federal Bureau of Investigation:Internet Crime Complaint Center: http://www.fbi.gov http://www.ic3.gov Privacy Statement Printed: 01.13.25 @ 02:02 PM by CH WA00001078.doc WA-CT-FKCO-02150.622449-62242402109 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE Effective January 1, 2025 Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, "FNF," "our," or "we") respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information. A limited number of FNF subsidiaries have their own privacy notices. If a subsidiary has its own privacy notice, the privacy notice will be available on the subsidiary's website and this Privacy Notice does not apply. Collection of Personal Information FNF may collect the following categories of Personal Information: contact information (e.g., name, address, phone number, email address); demographic information (e.g., date of birth, gender, marital status); identity information (e.g., Social Security Number, driver's license, passport, or other government ID number); financial account information (e.g., loan or bank account information); biometric data (e.g., fingerprints, retina or iris scans, voiceprints, or other unique biological characteristics; and other personal information necessary to provide products or services to you. We may collect Personal Information about you from: information we receive from you or your agent; information about your transactions with FNF, our affiliates, or others; and information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others. Collection of Browsing Information FNF automatically collects the following types of Browsing Information when you access an FNF website, online service, or application (each an "FNF Website") from your Internet browser, computer, and/or device: Internet Protocol (IP) address and operating system; browser version, language, and type; domain name system requests; and browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website. Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites. Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account. Other Online Specifics Cookies. When you visit an FNF Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website. Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites. Do Not Track. Currently our FNF Websites do not respond to "Do Not Track" features enabled through your browser. Privacy Statement Printed: 01.13.25 @ 02:02 PM by CH WA00001078.doc WA-CT-FKCO-02150.622449-62242402109 Links to Other Sites. FNF Websites may contain links to unaffiliated third-party websites. FNF is not responsible for the privacy practices or content of those websites. We recommend that you read the privacy policy of every website you visit. Use of Personal Information FNF uses Personal Information for these main purposes: To provide products and services to you or in connection with a transaction involving you. To improve our products and services. To prevent and detect fraud; To maintain the security of our systems, tools, accounts, and applications; To verify and authenticate identities and credentials; To communicate with you about our, our affiliates', and others' products and services, jointly or independently. To provide reviews and testimonials about our services, with your consent. When Information Is Disclosed We may disclose your Personal Information and Browsing Information in the following circumstances: to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; to affiliated or nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions; to affiliated or nonaffiliated third parties with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you; to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or in the good-faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public. The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. 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Those categories are: FNF affiliates and subsidiaries; Non-affiliated third parties, with your consent; Business in connection with the sale or other disposition of all or part of the FNF business and/or assets; Privacy Statement Printed: 01.13.25 @ 02:02 PM by CH WA00001078.doc WA-CT-FKCO-02150.622449-62242402109 Service providers; Law endorsement or authorities in connection with an investigation, or in response to a subpoena or court order. For California Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties, except as permitted by California law. For additional information about your California privacy rights, please visit the "California Privacy" link on our website (fnf.com/california-privacy) or call (888) 413-1748. For Nevada Residents: We are providing this notice pursuant to state law. 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Representative 's Signature 1Mt: ADDRESS CITY STATE ZIP lRISTOPHER R & ROBERTA L MCC 7212 KAU TRL PASCO WA 99301 )NALD & CATHY RIDDLE 6927 BURNS RD PASCO WA 99301 \YLE L POTTS 256 MATA RD KENNE'WA 99338 YLER B HAMM 7109 BURNS RD PASCO WA 99301 ,TRICIA GREEN 4005 W RUBY ST PASCO WA 99301 E A EICKMEYER (ET AL) 510 EASY ST PASCO WA 99301 'OKANE TEACHERS CREDIT UNIOI' 1620 N SIGNAL DR LIBERT WA 99019 ,ITLYN & JOEL KRAJCIK 5602 RIO GRANDE LN PASCO WA 99301 )HIT KUMAR 5606 RIO GRANDE LN PASCO WA 99301 1SE A & MARTHA M PEREZ 5610 RIO GRANDE LN PASCO WA 99301 SENIA ADI CHAVEZ 5614 RIO GRANDE LN PASCO WA 99301 ::NE DIAZ 6915 BOULDER DR PASCO WA 99301 NG WU (ETUX) 6911 BOULDER DR PASCO WA 99301 RRY L EDENBO 6907 BOULDER DR PASCO WA 99301 ,T ALIE A & ALFREDO ARELLANO 6912 BOULDER DR PASCO WA 99301 IIV SHAKTI DEVELOPMENT LLC 8012 SNOQUALMIE DR PASCO WA 99301 rY OF PASCO PO BOX 293 PASCO WA 99301 SLIE E & BRIAN TEACHOUT 7005 YELLOWSTONE DR PASCO WA 99301 .IN C & KARALEE D BALLANTYNE 7001 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GRANDE LN TO P RODRIGUEZ Ill (ET AL) 6306 RIO GRANDE LN )HNICA ALANIZ 6310 RIO GRANDE LN ETER D & LYNDA S GOETZ 6314 RIO GRANDE LN EAL PROPERTY ACQUISITIONS LLC 51 GAGE BLVD ENRY & SANDRA FRIEDMAN 8803 SE 78TH ST LOCCHINI ASSOCIATES , LLC PO BOX 1630 K VILLARD LLC 9503 E MONTGOMERY AVE ORTHWEST QSR RE OWNER II LLC 400 E MILL PLAIN BLVD STE 401 OLUMBIA BASIN HEALTH ASSOCIAl 1515 E COLUMBIA ST OGBACK BWO LLC 2612 W NOB HILL BLVD STE H OGBACK MAYFLY LLC 2612 W NOB HILL BLVD STE H IAVERIK INC 185 S STATE ST STE 800 PASCO WA KENNE'WA PASCO WA PASCO WA PASCO WA PASCO WA PASCO WA PASCO WA PASCO WA PASCO WA PASCO WA PASCO WA PASCO WA PASCO WA PASCO WA PASCO WA PASCO WA RUPER ID PASCO WA PASCO WA PASCO WA PASCO WA PASCO WA PASCO WA PASCO WA CORVA OR PASCO WA PASCO WA PASCO WA PASCO WA PASCO WA PASCO WA PASCO WA PASCO WA RUPER ID PASCO WA PASCO WA PASCO WA PASCO WA PASCO WA RICHLAWA MERCEWA ARVAD,CO SPOKAIWA VANCOWA OTHELIWA YAKIMJlWA YAKIMJlWA SALT UUT 99301 99336 99301 99301 99301 99301 99301 99301 99301 99301 99301 99301 99301 99301 99301 99301 99301 83350 99301 99301 99301 99301 99301 99301 99301 97333 99301 99301 99301 99301 99301 99301 99301 99301 83350 99301 99301 99301 99301 99301 99352 98040 80001 99206 98660 99344 98902 98902 84111 Community Development Department PO Box 293 , 525 N 3rd Ave, Pasco , WA 99301 P: 509 .545 .3441 / F: 509.545 .3499 CITY OF PASCO NOTICE OF PUBLIC HEARING Si necesita ayuda para entender este aviso o necesita mas informaci6n, por favor Ila me al Departamento de Desarrollo Comunitario y Econ6mico de la Ciudad de Pasco a 509-545-3441. A Public Hearing with the Hearing Examiner will be held on May 14, 2025, at 6:00 pm Place: Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco Washington. The Hearing Examiner will consider public testimony concerning the following application at this hearing: Proposal: Robert McLeod of Knutzen Engineering submitted a Preliminary Plat (PP2025-002) for the subdivision of 140 residential lots within the R-4 (High-Density Residential) zoning district. The development will consist of single-family detached homes and will be constructed in two phases. Subdivision improvements will include mass grading, public roads, water, sewer, irrigation, and the extension of communication and power infrastructure . The project also includes extending existing City of Pasco public streets along the property's frontage, specifically Burns Road and Three Rivers Drive . Additionally, two public pedestrian pathways are proposed to enhance walkability within the residential blocks. The proposal is located at the northern half of Parcel #116030035 in Pasco, WA 99301. The proposal is subject to regulations contained in the Pasco Municipal Code. Public Comment Period: Written comments must be submitted to the Community Development Department by 5:00 p.m. on May 14, 2025, to be included in the written record. If you have questions on the proposal, contact the Planning Division at (509) 545-3441 or via e-mail to: planning@pasco -wa .gov or via postal mail at PO Box 293, Pasco, WA 99301. If you wish to participate in the hearing virtually, please register at least 2 hours prior to the meeting at the following registration link: www .pasco -wa .gov/publiccomment After registering, you will receive a confirmation email containing information about joining the webinar. Estimated Date of the Decision: It is estimated that the Hearing Examiner will make a decision on the Preliminary Plat within ten (10) working days of the public hearing. Prepared April 21. 2025 by: Ivan Barragan, Planner II, PO Box 293 Pasco, WA 99301 (509) 545-3441 The City of Pasco welcomes full participation in public meetings by all citizens. No qualified individual with a disability shall be excluded or denied the benefit of part icipating in such meetings. If you wish to use auxiliary aids or require assistance to comment at this public meeting , please contact the Community Development Department at (509) 545-3441 or TDD (509) 585-4425 at least ten days prior to the date of the meeting to make arrangements for special needs . Community Development Department PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 CITY OF PASCO NOTICE OF PUBLIC HEARING Si necesita ayuda para entender este aviso o necesita más información, por favor llame al Departamento de Desarrollo Comunitario y Económico de la Ciudad de Pasco a 509-545-3441. A Public Hearing with the Hearing Examiner will be held on May 14, 2025, at 6:00 pm Place: Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco Washington. The Hearing Examiner will consider public testimony concerning the following application at this hearing: Proposal: Robert McLeod of Knutzen Engineering submitted a Preliminary Plat (PP2025-002) for the subdivision of 140 residential lots within the R-4 (High-Density Residential) zoning district. The development will consist of single-family detached homes and will be constructed in two phases. Subdivision improvements will include mass grading, public roads, water, sewer, irrigation, and the extension of communication and power infrastructure. The project also includes extending existing City of Pasco public streets along the property’s frontage, specifically Burns Road and Three Rivers Drive. Additionally, two public pedestrian pathways are proposed to enhance walkability within the residential blocks. The proposal is located at the northern half of Parcel #116030035 in Pasco, WA 99301. The proposal is subject to regulations contained in the Pasco Municipal Code. Public Comment Period: Written comments must be submitted to the Community Development Department by 5:00 p.m. on May 14, 2025, to be included in the written record. If you have questions on the proposal, contact the Planning Division at (509) 545-3441 or via e-mail to: planning@pasco-wa.gov or via postal mail at PO Box 293, Pasco, WA 99301. If you wish to participate in the hearing virtually, please register at least 2 hours prior to the meeting at the following registration link: www.pasco-wa.gov/publiccomment After registering, you will receive a confirmation email containing information about joining the webinar. Estimated Date of the Decision: It is estimated that the Hearing Examiner will make a decision on the Preliminary Plat within ten (10) working days of the public hearing. Prepared April 21, 2025 by: Ivan Barragan, Planner II, PO Box 293 Pasco, WA 99301 (509) 545-3441 The City of Pasco welcomes full participation in public meetings by all citizens. No qualified individual with a disability shall be excluded or denied the benefit of participating in such meetings. If you wish to use auxiliary aids or require assistance to comment at this public meeting, please contact the Community Development Department at (509) 545-3441 or TDD (509) 585-4425 at least ten days prior to the date of the meeting to make arrangements for special needs. THANK YOU for your legal submission! Your legal has been submitted for publication. Below is a con rmation of your legal placement. You will also receive an email con rmation. ORDER DETAILS Order Number: IPL0229020 Order Status: Submitted Classi cation: Legals & Public Notices Package: TRI - Legal Ads Site: tricity Final Cost: $546.92 Referral Code: NOPH 4.23.25 Payment Type: Account Billed User ID: IPL0018633 ACCOUNT INFORMATION Debra Barham 525 North Third Ave. Pasco, WA 99301 509-544-3096 cityclerk@pasco-wa.gov City of Pasco TRANSACTION REPORT Date April 18, 2025 8:21:57 PM EDT Amount: $546.92 SCHEDULE FOR AD NUMBER IPL02290200 April 23, 2025 Tri-City Herald Print Publication PREVIEW FOR AD NUMBER IPL02290200 3.22inches x 9.31inches 4/18/25, 7:22 PM Adportal Self Service Advertising Confirmation https://placelegal.mcclatchy.com/legals/tricity/home/confirmation.html?id=216064&returnto=1/4 4/18/25, 7:22 PM Adportal Self Service Advertising Confirmation https://placelegal.mcclatchy.com/legals/tricity/home/confirmation.html?id=216064&returnto=2/4 4/18/25, 7:22 PM Adportal Self Service Advertising Confirmation https://placelegal.mcclatchy.com/legals/tricity/home/confirmation.html?id=216064&returnto=3/4 << Click here to print a printer friendly version >> 4/18/25, 7:22 PM Adportal Self Service Advertising Confirmation https://placelegal.mcclatchy.com/legals/tricity/home/confirmation.html?id=216064&returnto=4/4 Address Project Number Applicant Owner Project Description WASHINGTON CITY OF PASCO 1/24/2025 INVOICE FEES DUE PP2025-002 Burns Road Parcel 116-030-035 MLC Laird Holdings II, LLC attn Shawn Milligan LEE A EICKMEYER ETAL Three Rivers Subdivision 140-Lot 525 N 3rd Ave Pasco, WA 99301 Phone (509) 545-3488 116030035Parcel Number * * * * * * Note this is not a receipt for payment* * * * * * LAND SUBDIVISION FEE 100.25.191-34.4532 700.00Application Fee LAND SUBDIVISION FEE 100.25.191-34.4532 950.00Per Lot Fee ADDRESSES W/IN 300 FT NOT PROVIDED 100.10.105-32.2190 50.00 $1,700.00TOTAL FEES DUE SEPA Environmental checklist (WAC 197-11-960) January 2023 Page 1 of 16 SEPA ENVIRONMENTAL CHECKLIST Purpose of checklist Governmental agencies use this checklist to help determine whether the environmental impacts of your proposal are significant. This information is also helpful to determine if available avoidance, minimization, or compensatory mitigation measures will address the probable significant impacts or if an environmental impact statement will be prepared to further analyze the proposal. Instructions for applicants This environmental checklist asks you to describe some basic information about your proposal. Please answer each question accurately and carefully, to the best of your knowledge. You may need to consult with an agency specialist or private consultant for some questions. You may use “not applicable” or "does not apply" only when you can explain why it does not apply and not when the answer is unknown. You may also attach or incorporate by reference additional studies reports. Complete and accurate answers to these questions often avoid delays with the SEPA process as well as later in the decision-making process. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. Instructions for lead agencies Please adjust the format of this template as needed. Additional information may be necessary to evaluate the existing environment, all interrelated aspects of the proposal and an analysis of adverse impacts. The checklist is considered the first but not necessarily the only source of information needed to make an adequate threshold determination. Once a threshold determination is made, the lead agency is responsible for the completeness and accuracy of the checklist and other supporting documents. Use of checklist for nonproject proposals For nonproject proposals (such as ordinances, regulations, plans and programs), complete the applicable parts of sections A and B, plus the Supplemental Sheet for Nonproject Actions (Part D). Please completely answer all questions that apply and note that the words "project," "applicant," and "property or site" should be read as "proposal," "proponent," and "affected geographic area," respectively. The lead agency may exclude (for non-projects) questions in “Part B: Environmental Elements” that do not contribute meaningfully to the analysis of the proposal. SEPA Environmental checklist (WAC 197-11-960) January 2023 Page 2 of 16 A. Background Find help answering background questions 1.Name of proposed project, if applicable: Three Rivers Ranch Subdivision 2. Name of applicant: Robert McLeod (Knutzen Engineering) 3. Address and phone number of applicant and contact person: 5401 Ridgeline Drive Suite 160, Kennewick, WA 99338 Robert McLeod – (509) 222-0959 4. Date checklist prepared: 01/24/2025 5. Agency requesting checklist: City of Pasco 6. Proposed timing or schedule (including phasing, if applicable): Construction will occur over 2 phases. Phase 1 is expected to begin in the Spring of 2025 and finish in Summer 2025, providing ≈79 lots. Phase 2 is expected to begin in the Spring of 2026 and finish in Summer 2026, providing ≈ 61 lots. 7.Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. None with this proposal. 8.List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. •Cultural Resources Report, Gram NW, October 2024 •Phase 1 Environmental Site Assessment Report, Farallon Consulting, October 2024 •Geotech Report, Earth Solutions NW, October 2024 9.Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. None known at this time. SEPA Environmental checklist (WAC 197-11-960) January 2023 Page 3 of 16 10. List any government approvals or permits that will be needed for your proposal, if known. The project will require a general construction stormwater permit from the Department of Ecology (DOE) as well as a UIC registration. The project will require construction permits through the City of Pasco. 11. Give a brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) The project proposes a single family residential subdivision, totaling 140 lots. Construction will be broken into two phases. Improvements associated with the subdivision include mass grading, public roads, public water, public sewer, public irrigation, and the extension of communication and power facilities. The project will also extend existing City of Pasco public streets along the property’s frontage, specifically Burns Rd and Three Rivers Dr. Two public pedestrian pathways are also proposed to provide walking pathways through the residential blocks. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The site encompasses the northern 23.40 acres of City of Pasco parcel #116030035. B. Environmental Elements 1. Earth Find help answering earth questions a. General description of the site: Circle or highlight one: Flat, rolling, hilly, steep slopes, mountainous, other: b. What is the steepest slope on the site (approximate percent slope)? According to a topographical survey by Rogers Surveying Inc, the site doesn’t exceed ≈ 9% of slope. c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them, and note any agricultural land of long-term commercial significance and whether the proposal results in removing any of these soils. SEPA Environmental checklist (WAC 197-11-960) January 2023 Page 4 of 16 Well Graded Gravel with or w/o Sand (little to no fines), Poorly Graded Gravel with or w/o Sand (little to no fines), Silty Gravel with or w/o Sand and Clayey Gravel with our w/o Sand was encountered on- site according to a Geotech report prepared by Earth Solutions NW, LLC. d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. None known. e. Describe the purpose, type, total area, and approximate quantities and total affected area of any filling, excavation, and grading proposed. Indicate source of fill. Approximately 125,000 CY of soil will be moved on-site to grade in new public roads and establish building pads for future homes. The site is expected to balance without the import or export of materials. f. Could erosion occur because of clearing, construction, or use? If so, generally describe. Erosion could occur on this site but will be minimized through implementation of BMP's during construction, including silt fencing, construction entrance, ground cover, waddles, site watering for dust control, catch basin inserts and protection. All storm water runoff will be contained and managed on site. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? Approximately 18% will be covered by impervious surfaces. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any. Standard erosion control methods will be used such as catch basin protection (Witch Hats), Silt Fencing, and Stabilized Construction Entrances. Dust during construction will be controlled by a water truck as necessary. 2. Air Find help answering air questions a. What types of emissions to the air would result from the proposal during construction, operation, and maintenance when the project is completed? If any, generally describe and give approximate quantities if known. During construction, minor amounts of dust and exhaust from equipment activity may occur. The completed project will not affect air quality. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. None known. SEPA Environmental checklist (WAC 197-11-960) January 2023 Page 5 of 16 c. Proposed measures to reduce or control emissions or other impacts to air, if any. Dust control measures will be implemented in accordance with recommendations by the Department of Ecology. Measures include, but are not limited to, watering, lowering speed, limit of construction vehicles, and reducing the amount of dust-generating activities on windy days. 3. Water Find help answering water questions a. Surface Water: Find help answering surface water questions 1. Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. No. 2. Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. No. 3. Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. Not applicable. 4. Will the proposal require surface water withdrawals or diversions? Give a general description, purpose, and approximate quantities if known. No. 5. Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. No. 6. Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No. b. Ground Water: Find help answering ground water questions 1. Will groundwater be withdrawn from a well for drinking water or other purposes? If so, give a general description of the well, proposed uses and approximate quantities withdrawn from the well. Will water be discharged to groundwater? Give a general description, purpose, and approximate quantities if known. SEPA Environmental checklist (WAC 197-11-960) January 2023 Page 6 of 16 No. 2. Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (domestic sewage; industrial, containing the following chemicals…; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. None. c. Water Runoff (including stormwater): a) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. The new impervious area on site will generate stormwater runoff which will be conveyed via curb and gutter, conveyance pipes, and sheet flow to underground infiltration trenches compliant with the City of Pasco’s standard details and specifications. b) Could waste materials enter ground or surface waters? If so, generally describe. No. c) Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site? If so, describe. No, all runoff produced will be contained and infiltrated on-site. d) Proposed measures to reduce or control surface, ground, and runoff water, and drainage pattern impacts, if any. Runoff generated from pervious surfaces will either infiltrate into underlying soils or flow to collection systems. Stormwater generated from impervious surfaces will be collected and treated prior to on-site infiltration. Stormwater disposal will be designed by a licensed engineer and submitted for review to the City of Pasco. 4. Plants Find help answering plants questions a. Check the types of vegetation found on the site: ☐ deciduous tree: alder, maple, aspen, other ☐ evergreen tree: fir, cedar, pine, other ☐ shrubs ☒ grass ☐ pasture ☐ crop or grain ☐ orchards, vineyards, or other permanent crops. SEPA Environmental checklist (WAC 197-11-960) January 2023 Page 7 of 16 ☐ wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other ☐ water plants: water lily, eelgrass, milfoil, other ☐ other types of vegetation b. What kind and amount of vegetation will be removed or altered? The site will be grubbed of weeds and native grasses during grading. c. List threatened and endangered species known to be on or near the site. None according to the Washington Department of Fish and Wildlife (WDFW). d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any. Proposed landscaping along street frontages will comply with City of Pasco landscaping requirements. e. List all noxious weeds and invasive species known to be on or near the site. None according to the WDFW. 5. Animals Find help answering animal questions a. List any birds and other animals that have been observed on or near the site or are known to be on or near the site. Examples include: • Birds: hawk, heron, eagle, songbirds, other: • Mammals: deer, bear, elk, beaver, other: • Fish: bass, salmon, trout, herring, shellfish, other: b. List any threatened and endangered species known to be on or near the site. The Ferruginous Hawk is listed as an endangered species according to the WDFW. c. Is the site part of a migration route? If so, explain. Yes, the Columbia basin is a part of the pacific flyway. d. Proposed measures to preserve or enhance wildlife, if any. None at this time. e. List any invasive animal species known to be on or near the site. None according to the WSDFW. SEPA Environmental checklist (WAC 197-11-960) January 2023 Page 8 of 16 6. Energy and Natural Resources Find help answering energy and natural resource questions 1. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. Power will be used for lighting, heating, and compliances associated with the future homes. 2. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No. 3. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any. None currently. The future homes will meet current energy efficiency standards. 7. Environmental Health Find help with answering environmental health questions a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur because of this proposal? If so, describe. No. 1. Describe any known or possible contamination at the site from present or past uses. None known. 2. Describe existing hazardous chemicals/conditions that might affect project development and design. This includes underground hazardous liquid and gas transmission pipelines located within the project area and in the vicinity. None known. 3. Describe any toxic or hazardous chemicals that might be stored, used, or produced during the project's development or construction, or at any time during the operating life of the project. None known. 4. Describe special emergency services that might be required. The site will utilize typical City of Pasco Emergency Services. 5. Proposed measures to reduce or control environmental health hazards, if any. SEPA Environmental checklist (WAC 197-11-960) January 2023 Page 9 of 16 None currently. b. Noise 1. What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? Vehicle traffic on nearby streets. These noises are not expected to negatively impact this project. 2. What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site)? Short-term - traffic and construction noise during the City’s allowed hours of operation Long-term - Additional traffic from residents. 3. Proposed measures to reduce or control noise impacts, if any. Noise impacts from construction activities and ongoing operations are expected to be minimal. All operations will be conducted in a manner compliant with City of Pasco Municipal Code and Washington State Maximum Environmental Noise Levels (Chapter 173-60-040 WAC). 8. Land and Shoreline Use Find help answering land and shoreline use questions a. What is the current use of the site and adjacent properties? Will the proposal affect current land uses on nearby or adjacent properties? If so, describe. The property is currently undeveloped. The property is bordered by single family residential to the east, a crop circle to the south, commercially zoned properties to the west, and County residential land to the north. The proposal is not expected to negatively affect current land uses on nearby or adjacent properties. b. Has the project site been used as working farmlands or working forest lands? If so, describe. How much agricultural or forest land of long-term commercial significance will be converted to other uses because of the proposal, if any? If resource lands have not been designated, how many acres in farmland or forest land tax status will be converted to nonfarm or nonforest use? The project appears to have been used as agricultural land in the past based on google aerial images. Based on available images, it appears a crop circle used to extend onto the project property. All property acreage will be converted to residential land use. 1. Will the proposal affect or be affected by surrounding working farm or forest land normal business operations, such as oversize equipment access, the application of pesticides, tilling, and harvesting? If so, how? No. SEPA Environmental checklist (WAC 197-11-960) January 2023 Page 10 of 16 c. Describe any structures on the site. There are no existing structures on-site. d. Will any structures be demolished? If so, what? No buildings will be demolished. e. What is the current zoning classification of the site? R-4 (High-Density Residential District) f. What is the current comprehensive plan designation of the site? The project site has a Residential designation according to the City of Pasco’s Comprehensive Plan Map. g. If applicable, what is the current shoreline master program designation of the site? N/A. h. Has any part of the site been classified as a critical area by the city or county? If so, specify. No. i. Approximately how many people would reside or work in the completed project? After project completion, 420 people will reside in this subdivision (assuming an average of 3 residents per lot). j. Approximately how many people would the completed project displace? The project would not displace anyone. k. Proposed measures to avoid or reduce displacement impacts, if any. None. l. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any. The project will be permitted through the local jurisdictions in accordance with all applicable zoning ordinances. m. Proposed measures to reduce or control impacts to agricultural and forest lands of long-term commercial significance, if any. None. SEPA Environmental checklist (WAC 197-11-960) January 2023 Page 11 of 16 9. Housing Find help answering housing questions a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low- income housing. 140 Single Family Residential Lots will be created over 2 phases of construction. No buildings are proposed at this time. The nature on the future units provided on the lots will be determined by the future home builder. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. None. c. Proposed measures to reduce or control housing impacts, if any. Impact fees will be paid to the City of Pasco per the City’s municipal code. The completed development will generate additional tax revenue for the City. 10. Aesthetics Find help answering aesthetics questions a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? No buildings are proposed at this time. b. What views in the immediate vicinity would be altered or obstructed? No views will be obstructed as a result of this project. c. Proposed measures to reduce or control aesthetic impacts, if any. The project will abide by City of Pasco setbacks, landscaping, screening, and building standards. 11. Light and Glare Find help answering light and glare questions a. What type of light or glare will the proposal produce? What time of day would it mainly occur? The proposal proposes street lighting along the new roads, which will be active at night. b. Could light or glare from the finished project be a safety hazard or interfere with views? No. c. What existing off-site sources of light or glare may affect your proposal? None known. SEPA Environmental checklist (WAC 197-11-960) January 2023 Page 12 of 16 d. Proposed measures to reduce or control light and glare impacts, if any. All outdoor lighting will be in conformance with City of Pasco code requirements. Outdoor lighting will be shielded per City of Pasco Municipal Code. 12. Recreation Find help answering recreation questions a. What designated and informal recreational opportunities are in the immediate vicinity? GESA stadium, Pasco Sports Pavilion, the HAPO Center, and Fairchild’s Cinema is located within a mile of the property to the south. b. Would the proposed project displace any existing recreational uses? If so, describe. The project will not displace any existing recreational uses. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any. None at this time. 13. Historic and Cultural Preservation Find help answering historic and cultural preservation questions a. Are there any buildings, structures, or sites, located on or near the site that are over 45 years old listed in or eligible for listing in national, state, or local preservation registers? If so, specifically describe. None known. b. Are there any landmarks, features, or other evidence of Indian or historic use or occupation? This may include human burials or old cemeteries. Are there any material evidence, artifacts, or areas of cultural importance on or near the site? Please list any professional studies conducted at the site to identify such resources. None known. The site is marked as "High Risk" by the predictive model provided by the Washington State Department of Archaeology and Historic Preservation. A cultural resources report was prepared for the project site by GRAM Northwest, LLC in October 2024. The report encountered no archaeologic sites or artifacts on-site. c. Describe the methods used to assess the potential impacts to cultural and historic resources on or near the project site. Examples include consultation with tribes and the department of archeology and historic preservation, archaeological surveys, historic maps, GIS data, etc. Internet search for project site and review of the Cultural Resources Survey performed by GRAM NW for the project site. d. Proposed measures to avoid, minimize, or compensate for loss, changes to, and disturbance to resources. Please include plans for the above and any permits that may be required. SEPA Environmental checklist (WAC 197-11-960) January 2023 Page 13 of 16 Upon any discovery of potential or known archaeological resources at the subject properties prior to or during future on-site construction, the developer, contractor, and/or any other parties involved in construction shall immediately cease all on-site construction, shall act to protect the potential or known historical and cultural resources area from outside intrusion, and shall notify, within a maximum period of twenty-four hours from the time of discovery, the City of Pasco of said discovery. 14. Transportation Find help with answering transportation questions a. Identify public streets and highways serving the site or affected geographic area and describe proposed access to the existing street system. Show on site plans, if any. The site will be accessed off extensions of Burns Rd and Three Rivers Dr, both of which connect to Rd 68. Rd 68 connects to I-182 approximately 1 miles south of the project site. b. Is the site or affected geographic area currently served by public transit? If so, generally describe. If not, what is the approximate distance to the nearest transit stop? The closest Ben Franklin Transit stop is located near the intersection of Rd 68 and Sandifur Pkwy (Bus Stop ID #PA401). The stop is located approximately 1,500 ft south of the project site. c. Will the proposal require any new or improvements to existing roads, streets, pedestrian, bicycle, or state transportation facilities, not including driveways? If so, generally describe (indicate whether public or private). The project will construct new public roadways to provide access to the proposed lots. This will include the extension of Burns Rd and Three Rivers Dr along the property’s frontage. The project will also construct new pedestrian sidewalks along the new roadways, per City of Pasco standards. Two pedestrian pathways are also proposed through the proposed residential blocks to encourage pedestrian travel through the subdivision. d. Will the project or proposal use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No. e. How many vehicular trips per day would be generated by the completed project or proposal? If known, indicate when peak volumes would occur and what percentage of the volume would be trucks (such as commercial and nonpassenger vehicles). What data or transportation models were used to make these estimates? Please refer to the TIA prepared for the project by Fehr and Peers. f. Will the proposal interfere with, affect, or be affected by the movement of agricultural and forest products on roads or streets in the area? If so, generally describe. No. SEPA Environmental checklist (WAC 197-11-960) January 2023 Page 14 of 16 g. Proposed measures to reduce or control transportation impacts, if any. Traffic impact fees will be paid to the City of Pasco according to City code requirements. 15. Public Services Find help answering public service questions a. Would the project result in an increased need for public services (for example: fire protection, police protection, public transit, health care, schools, other)? If so, generally describe. Yes, this site will utilize fire, police, health care, schools and public transit services. b. Proposed measures to reduce or control direct impacts on public services, if any. The project will pay impact fees to the City of Pasco and Pasco School District according to City code requirements. 16. Utilities Find help answering utilities questions a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other: b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. Sewer & Water – City of Pasco Telephone & Cable – Charter Internet – Lumen Power – Franklin PUD Irrigation – City of Pasco SEPA Environmental checklist (WAC 197-11-960) January 2023 Page 15 of 16 C.Signature Find help about who should sign The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. X Type name of signee: Robert McLeod Position and agency/organization: Project Engineer / Knutzen Engineering Date submitted: 1/24/2025 SEPA Environmental checklist (WAC 197-11-960) January 2023 Page 16 of 16 Community & Economic Development Department This application was reviewed by the Planning Division of the Community & Economic Development Department. Any comments or changes made by the Department are entered in the body of the checklist and contain initials of the reviewer. Signature: ______________________________________________________ Name of signee: __________________________________________________ Position: ___________________________________ Date Reviewed: _____________ From:Paul Knutzen To:Ivan Barragan; Robert McLeod; Jennifer Ballard Cc:Shawn Milligan; Nick Bonnington; CED - Planning Subject:RE: PP2025-002 RE: Three Rivers Ranch - Preliminary Plat Submittal Date:Thursday, February 6, 2025 8:50:04 AM Attachments:image001.png [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.] The gentleman who came in was likely Randy Mullins, he went to the County to sign their official seg form and pay the property taxes since the Assessor cannot legally split the lots until the taxes are paid and they sign that letter, but when he informed them that he was no longer farming the land they informed him that the seg would trigger payment of all the back taxes related to “open space” and they decided to hold off on having the County finalize the exempt seg at this time. So, while the record of survey is recorded, that document does not split the parcels legally, the Assessor will do that once the taxes are paid in full and that is on hold at least until right before the final closing of the land to our client. I hope this helps explain. Thanks, Paul From: Ivan Barragan <barragani@pasco-wa.gov> Sent: Thursday, February 6, 2025 8:03 AM To: Robert McLeod <Robert@knutzenengineering.com>; Jennifer Ballard <ballardj@pasco-wa.gov> Cc: Paul Knutzen <paul@knutzenengineering.com>; Shawn Milligan <shawn@milliganlandcompany.com>; Nick Bonnington <nick@knutzenengineering.com>; CED - Planning <planning@pasco-wa.gov> Subject: RE: PP2025-002 RE: Three Rivers Ranch - Preliminary Plat Submittal The SEPA timeline is more difficult to estimate due to the TIA. I anticipate receiving first review comments within three weeks to a month. Approval will depend on when all comments are addressed, SEPA issuance, and the next available hearing date. SEPA must be issued at least 15 days before the Public Hearing, and public notice must be completed at least 14 days prior, factoring in TC Herald publication days (Wednesday or Sunday). I have a question. A gentleman claiming he owned this property came in the other day concerned about the segregation that was recently recorded I believe. His concern was a charge from the County. Do we know what this was about? Maybe it was already taken care of. Thank you, Ivan Barragan | Planner II | (509) 544-4146 | 525 N. 3rd Avenue | Pasco, WA 99301 | barragani@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: Robert McLeod <Robert@knutzenengineering.com> Sent: Thursday, February 6, 2025 7:45 AM To: Ivan Barragan <barragani@pasco-wa.gov>; Jennifer Ballard <ballardj@pasco-wa.gov> Cc: Paul Knutzen <paul@knutzenengineering.com>; Shawn Milligan <shawn@milliganlandcompany.com>; Nick Bonnington <nick@knutzenengineering.com>; CED - Planning <planning@pasco-wa.gov> Subject: RE: PP2025-002 RE: Three Rivers Ranch - Preliminary Plat Submittal [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.] Thanks Ivan, Do you have an approximate time frame for when we can expect SEPA DNS and 1st Review Comments / Approval? Thank you, Robert McLeod, EIT, CESCL Project Engineer O: 509.222.0959 C: 509.303.8810 PLEASE NOTE: This message, including any attachments, may include privileged, confidential and/or inside information. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. If you are not the intended recipient, please notify the sender by replying to this message and then delete it from your system. From: Ivan Barragan <barragani@pasco-wa.gov> Sent: Thursday, February 6, 2025 7:40 AM To: Robert McLeod <Robert@knutzenengineering.com>; Jennifer Ballard <ballardj@pasco-wa.gov> Cc: Paul Knutzen <paul@knutzenengineering.com>; Shawn Milligan <shawn@milliganlandcompany.com>; Nick Bonnington <nick@knutzenengineering.com>; CED - Planning <planning@pasco-wa.gov> Subject: RE: PP2025-002 RE: Three Rivers Ranch - Preliminary Plat Submittal These will be added in the review package. I will be the project lead however, please be sure to Cc planning@pasco-wa.gov with any correspondences from here forward related to this project. I forwarded the TIA to Engineering for review. Thank you, Ivan Barragan | Planner II | (509) 544-4146 | 525 N. 3rd Avenue | Pasco, WA 99301 | barragani@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: Robert McLeod <Robert@knutzenengineering.com> Sent: Friday, January 24, 2025 1:54 PM To: Jennifer Ballard <ballardj@pasco-wa.gov> Cc: Paul Knutzen <paul@knutzenengineering.com>; Shawn Milligan <shawn@milliganlandcompany.com>; Nick Bonnington <nick@knutzenengineering.com>; Ivan Barragan <barragani@pasco-wa.gov> Subject: RE: PP2025-002 RE: Three Rivers Ranch - Preliminary Plat Submittal [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.] Thank you Jennfier, Attached is the SEPA & TIA, intended to be submitted with the Preliminary Plat submittal. You can download them via the link below. Can you please add them to the review package? We will coordinate payment of the invoices. ShareFile files 3 Rivers Ranch_SEPA.pdf 568 KB 3 Rivers Ranch_TIA.pdf 17 MB Open Link expires on July 26, 2025 Thank you, Robert McLeod, EIT, CESCL Project Engineer O: 509.222.0959 C: 509.303.8810 PLEASE NOTE: This message, including any attachments, may include privileged, confidential and/or inside information. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. If you are not the intended recipient, please notify the sender by replying to this message and then delete it from your system. From: Jennifer Ballard <ballardj@pasco-wa.gov> Sent: Friday, January 24, 2025 1:11 PM To: Robert McLeod <Robert@knutzenengineering.com> Cc: Paul Knutzen <paul@knutzenengineering.com>; Shawn Milligan <shawn@milliganlandcompany.com>; Nick Bonnington <nick@knutzenengineering.com>; Ivan Barragan <barragani@pasco-wa.gov> Subject: PP2025-002 RE: Three Rivers Ranch - Preliminary Plat Submittal Hello Robert, PP2025-002 is the application number for Three Rivers Ranch Preliminary Plat. Attached is the invoice for $1,700. It appears you have not submitted a SEPA for this project. If one is needed, that fee is $75. Per RCW 36.70B.070 you will receive a determination of completeness letting you know if the application is officially complete for processing or if more information/fees/etc are required prior to the application being deemed complete. thanks 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: Robert McLeod <Robert@knutzenengineering.com> Sent: Friday, January 24, 2025 11:50 AM To: Ivan Barragan <barragani@pasco-wa.gov> Cc: Jennifer Ballard <ballardj@pasco-wa.gov>; Paul Knutzen <paul@knutzenengineering.com>; Shawn Milligan <shawn@milliganlandcompany.com>; Nick Bonnington <nick@knutzenengineering.com> Subject: Three Rivers Ranch - Preliminary Plat Submittal Hi Ivan, Attached is a submittal package for the Three Rivers Ranch preliminary plat. You can download the files by clicking the link below. Please let me know when an invoice is generated for the review and we will coordinate payment. Can you please confirm receipt of the application and that the package is considered complete? ShareFile files 3 Rivers Ranch_APP.pdf 104 KB 3 Rivers Ranch_Cultural Resources Study.pdf 9 MB 3 Rivers Ranch_Geotech Report.pdf 1 MB 3 Rivers Ranch_Phase 1 ESA.pdf 4 MB 3 Rivers Ranch_Preliminary Plat Map.pdf 745 KB 3 Rivers Ranch_Recorded Exempt Segregation.pdf 7 MB ALTA COMMITMENT 2021 (WA)-LINKED copy.PDF 558 KB Open Link expires on July 26, 2025 Thank you, Robert McLeod, EIT, CESCL Project Engineer O: 509.222.0959 C: 509.303.8810 PLEASE NOTE: This message, including any attachments, may include privileged, confidential and/or inside information. Any distribution or use of this communication by anyone other than the intended recipient is strictly prohibited and may be unlawful. If you are not the intended recipient, please notify the sender by replying to this message and then delete it from your system. From:Maikis, Troy (DFW) To:Ivan Barragan Subject:RE: PP2025-002/SEPA2025-008 Three Rivers Ranch Subdivision - City of Pasco Date:Monday, April 14, 2025 10:51:56 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.] Ivan, Sorry about the delay. This is a formerly farmed area that has been highly disturbed. WDFW has no mitigation recommendations for this project. Troy Maikis Area Habitat Biologist; Benton and Franklin Counties Washington Department of Fish & Wildlife 2620 Commercial Ave Pasco, WA 99301 (509) 312-8117 From: Ivan Barragan <barragani@pasco-wa.gov> Sent: Tuesday, April 8, 2025 2:38 PM To: Maikis, Troy (DFW) <Troy.Maikis@dfw.wa.gov> Subject: FW: PP2025-002/SEPA2025-008 Three Rivers Ranch Subdivision - City of Pasco External Email Following up on this. Ivan Barragan | Planner II | (509) 544-4146 | 525 N. 3rd Avenue | Pasco, WA 99301 | barragani@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: Ivan Barragan Sent: Tuesday, March 25, 2025 9:46 AM To: Maikis, Troy (DFW) <Troy.Maikis@dfw.wa.gov> Subject: FW: PP2025-002/SEPA2025-008 Three Rivers Ranch Subdivision - City of Pasco Do you have mitigations for this one? Ivan Barragan | Planner II | (509) 544-4146 | 525 N. 3rd Avenue | Pasco, WA 99301 | barragani@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: Ivan Barragan Sent: Thursday, February 6, 2025 11:48 AM Subject: PP2025-002/SEPA2025-008 Three Rivers Ranch Subdivision - City of Pasco All, Please see attached Preliminary Plat (PP2025-002) and SEPA checklist (SEPA2025-008) submitted on January 24, 2025, for the subdivision of 140 residential lots within the R-4 (High- Density Residential) zoning district. The development will consist of single-family detached homes and will be constructed in two phases. Subdivision improvements will include mass grading, public roads, water, sewer, irrigation, and the extension of communication and power infrastructure. The project also includes extending existing City of Pasco public streets along the property’s frontage, specifically Burns Road and Three Rivers Drive. Additionally, two public pedestrian pathways are proposed to enhance walkability within the residential blocks. The proposal is located at the northern half of Parcel #116030035 in Pasco, WA 99301. The Geotech Report, Phase 1 Environmental Site Assessment and Traffic Impact Analysis submitted for this project can be found in the SEPA register. Please note that the attached Exempt Segregation has not yet been finalized. Please submit comments for the proposed plat and SEPA submittal by 5:00 PM on February 26, 2025. If you have any questions or concerns, please let me know. Thank you, Ivan Barragan Planner II O: 509-544-4146 barragani@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. February 25, 2025 City of Pasco Community Development Department 525 N. 3rd Avenue Pasco, WA 99301 Attn: Ivan Barragan, Planner RE: PP2025-002/SEPA2025-008 – Three Rivers Ranch Subdivision I-182 Exit 9 (Road 68) vicinity We have reviewed the proposed subdivision and have the following comments. The subject property is not adjacent to Interstate 182 (I-182); however, I-182 is the sole arterial providing access between north Pasco and the surrounding area and WSDOT expects the majority of vehicle trips generated by this project will utilize I-182 via the Road 68 interchange. We are not opposed to this project, but we continue to be concerned with the cumulative impact residential development in north Pasco is having on the state highway system. At some point, developer driven traffic will exceed the capacity of the Road 68 interchange. Therefore, we request the city assess a pro rata share contribution from the developer for future improvements to the Road 68 corridor. Thank you for the opportunity to review and comment on this proposal. If you have any questions regarding this letter, please contact Jacob Prilucik at (509) 577-1635. Sincerely, Stephen P. (Phil) Nugent Region Planning Manager SPN: jjp cc: SR 182, File #001 Community Development Department PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 M E M O R A N D U M DATE: March 7, 2025 TO: MLC Laird Holdings II, LLC C/O Shawn Milligan FROM: Ivan Barragan, Planner II SUBJECT: Three Rivers Ranch Subdivision Review (PP2025-002) The following notes and requirements have been submitted by City staff regarding this project. Applicant: City staff have provided comments on your proposal. These comments are intended to identify inconsistencies with adopted codes, plans, and policies or to raise any concerns and questions related to the proposal. This memorandum may require the submission of a revised preliminary plat, followed by a second round of comments from City staff. Comments: Planning Division: 1) Please correct the typographical error "acres" next to smallest lot area. It should be "SF." 2) Please provide rear lot line measurement abutting Burns Rd for Lot 53. 3) Please provide lot frontage measurement for lot 35. 4) The east: north/south road shall connect to Three Rivers Dr. The requirement to Three Rivers Dr connection can be found in PMC 21.20.010 (3), PMC 21.20.010 (4) is not applicable here. 5) What is the reason for the offset at the west north/south entrance compared to the west north/south road connecting to Burns Rd? Per PMC 21.15.010(3)(c), connectivity to the future public right-of-way is feasible in this location. Please revise the alignment to match the west north/south road. 6) Per PMC 21.15.010 (2) please demonstrate why the proposed internal east/west roads excluding the one above Three Rivers Dr, should not extend further west and stub to the undeveloped land. 7) Per PMC the only allowed knuckle is at the northeast section of the proposed plat. Please provide justification for proposed lots 52 and 53 meeting lot depth to width ratio. SFDU detached may be up to 3:1. 8) It should be noted that some of the lots on Three Rivers Dr will have to have a shared driveway due to the min 75 foot spacing between driveways for lots fronting on Neighborhood Collectors. All distances measured from the edge of adjacent approaches. PMC 21.20.010. 9) No ground disturbance is permitted until all required mitigations for SEPA2025-008 have been addressed and permits have been issued. The determination for this SEPA is currently pending. Engineering Division: 1) The face of the plat shall include this statement: “As a condition of approval of this short plat the owner has waived the right to protest the formation of a Local Improvement District for right-of-way and utility improvements to the full extent as permitted by RCW 35.43.182.” 2) All frontage improvements associated with this project are to be made in accordance with City of Pasco Design and Construction Standards and Specifications for Public Works Improvements and Municipal Codes. 3) All stormwater is required to be maintained and treated on site in accordance with Washington State Department of Ecology and City of Pasco Standards. 4) Civil plans submitted for City approval must be designed and stamped by a Washington State Licensed Civil Engineer. 5) Any above ground power fronting the property must be re-routed below ground. 6) Irrigation in Three Rivers Dr. shall connect the two 2" dead-end irrigation lines to complete a "loop" 7) Irrigation in Burns Road to extend to-and-through and connect to existing system to the East of development. 8) Water in Burns Road to extend to-and-through unless a developers agreement is entered into which may include but not limited to paying for this developments "fair share" at the time the north half develops. 9) Sewer to extend to-and-through Burns Road. REPORT TO THE HEARING EXAMINER City Hall – 525 North Third Avenue – Council Chambers WEDNESDAY, May 14, 2025 6:00 PM 1 MASTER FILE #: SP 2025-006 APPLICANT: City of Pasco Parks & Recreation Division C/o Brent Kubalek 525 N 3rd Avenue Pasco, WA 99301 REQUEST: Special Permit: Installation of 15 field lights on the north most five soccer fields of the developed Pasco Sporting Complex. Timeline: April 18, 2025 Special Permit Application-SP2025-006 and SEPA Environmental Checklist- SEPA2025-015, submitted April 21, 2025 Applications Deemed Complete April 21, 2025 SEPA Determination of Non-Significance Issued April 22, 2025 Notice of Public Hearing for SP2025-006 Mailed to Properties Within 300 Feet of the Proposal April 23, 2025 Notice for Public Hearing for SP2025-006 Published in Tri-City Herald May 2, 2025 Public Hearing Staff Report Published BACKGROUND 1. PROPERTY DESCRIPTION: Abbreviated Legal: SHORT PLAT 2024-08 LOT 1 Address: 6200 Burden Boulevard (Parcel 117370016) General Location: Located northeast of Road 68 and Interstate 182, south of Burden Boulevard. Property Size: 62.66 acres. 2. ACCESS: The property has access on Homerun Road and Burden Boulevard. 3. UTILITIES: Municipal water and sewer services are available in Homerun Rd and Burden Boulevard. 4. LAND USE AND ZONING: The property is zoned R-T (Residential Transition) and is currently developed with soccer fields, a small playground, several maintenance storage buildings, a baseball stadium, an office building, and associated parking. Surrounding properties are zoned and developed as follows: 2 North: C-1 Retail Business/Business Park/Office East: C-1/R-1 Retail Business/Low Density Residential/Dental office/Single Family Homes South: I-182 Interstate 182 West: C-1 Retail Business/Baseball Fields/Event Center 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the majority of this site as Public Quasi- Public. This land use category accommodates most zoning districts with the exception of I-3 (Heavy Industrial District) by special permit. This designation allows for the development of schools, civic centers, fire stations and other public uses. The Comprehensive Plan also designates the approximate north tenth of this site as Commercial. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist (SEPA2025-015), the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Determination of Non- Significance (DNS) was issued on April 21, 2025, for this project under WAC 197-11-340(2). ANALYSIS Request The applicant proposes to install field lighting on the five northernmost soccer fields within the developed Pasco Sporting Complex. This work is included under building permit application number B25-0652 which is pending issuance because of this special permit. The proposal consists of installing 15 light poles—12 poles up to 70 feet in height and 3 poles up to 90 feet in height—equipped with LED sports field lighting, electrical conduit, and a control box. History The subject property was annexed into the City in 1981 through Ordinance No. 2388 and was assigned the R- T zoning designation by Resolution No. 1396. It has retained the R-T zoning classification since that time. STAFF FINDINGS OF FACT 1) The subject property Comprehensive Plan designation is mostly Public Quasi-Public which allows for public uses by special permit. 2) Pasco Municipal Code (PMC) 25.25.040(2) outdoor recreational activities require a special permit in the R-T zoning district. 3) Although outdoor recreational activities currently take place during daylight, this proposal will allow those activities to continue beyond dusk. 4) The lighting would be utilized between dusk and 10:00 PM as necessary for recreational opportunities. TENTATIVE CONCLUSIONS BASED ON FINDINGS OF FACT As per PMC 25.200.080, Upon conclusion of the open record hearing, the Hearing Examiner shall make and enter findings from the record and conclusions thereof as to whether or not: (1) The proposal is in accordance with the goals, policies, objectives, maps and/or narrative text of the Comprehensive Plan; • Land Use Policy LU-3-A: Design major streets, schools, parks, and other public facilities that will encourage the individual identities of neighborhoods. The proposed lighting would add a new option for play and events in an area without any similar facilities. • Capital Facilities Policy CF-5-A: Implement the adopted parks and recreation plan as a part of this 3 comprehensive plan. The City of Pasco’s Parks and Recreation Master Plan details Sports Complexes as typically featuring lighting (pg. 12) and implements goal C.7 (pg. 42) by addressing sports fields needs and improvements such as lighting. • Economic Development Policy ED-1-D: Promote tourism and recreational opportunities. The proposed lighting will expand opportunities for recreational opportunities for extended periods of time and may bring more non-Pasco residents to the region to utilize the field after daylight hours. (2) The proposal will adversely affect public infrastructure; Accesses to the site are established and include items such as curb, gutter, sidewalk, and street lighting. Public infrastructure to the site has been designed and constructed to accommodate current uses. The addition of these lights to the site will not impact existing infrastructure in the area. (3) The proposal will be constructed, maintained and operated to be in harmony with the existing or intended character of the general vicinity; The surrounding area features a mix of residential and commercial uses. The proposed lighting would serve the existing sporting complex and contribute to the unique and diverse character of the neighborhood. (4) The location and height of proposed structures and the site design will discourage the development of permitted uses on property in the general vicinity or impair the value thereof; While the proposed peak height of the light poles is not specifically regulated in the PMC, the height is not anticipated to hinder development of the site and in the general vicinity. Instead, the proposal would enhance the use of an existing facility intended to serve the community. (5) The operations in connection with the proposal will be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district; Residential properties to the east may be impacted; however, PMC regulations—particularly those addressing nighttime crowd gatherings—must still be followed. Although the lighting will be designed and oriented to minimize light spill, some degree of light spillage may still occur. (6) The proposal will endanger the public health or safety if located and developed where proposed, or in any way will become a nuisance to uses permitted in the district. Requirements of the Building Code will ensure the lighting structures will be built to conform to all public health or safety standards. APPROVAL CONDITIONS 1) The special permit shall apply to 6200 Burden Boulevard (Parcel 117370016), and any subsequent subdivision(s) thereof. 2) The applicant shall obtain any required approval for applicable City development review. 3) The lighting shall be installed and situated in substantial conformance with the plans submitted with the application and included in the May Hearing Examiner’s Packet. 4) The Special Permit shall be null and void if the above conditions are not met. RECOMMENDATION Staff recommends approval of a Special Permit for the installation of (15) light poles 12 of which are 70-foot tall and 3 of which are 90-foot tall at the Pasco Sporting Complex, 6200 Burden Boulevard, (Parcel 117370016) with conditions as herein proposed. R o a d 7 6 W r i g l e y D r Sava r y D r T e x a d a L n R o a d 6 8 1 5 4 Cassiar D r Massey Dr Qua d r a D r R o a d 7 6 182 R o a d 6 8 1 0 7 1 4 0 A r t h u r L n Robert W a y n e D r B u c h a n a n L n C o n v e n t i o n D r G r a n t L n R o a d 5 2 F e n w a y D r Jacks o n L n J e f f e r s o n D r C l e v e l a n d L n R ea g a n W ay T r u m a n L n S andifur P k w y 1 5 6155 H a r t f o r d D r D e s M o i n e s L n PierreDr C o o k L n Chapel HillBlvd P i m l i c o D r S t P a u l L n M a d i s o n A v e ThistledownDr P r o v i d e n c e L n P h o e n i x L n S a l e m D r Y u m a D r M o n t g o m e r y L n 182 B u r d e n B l v d 1 3 8139 1 0 9108 A n t i g u a D r V a l e n c i a D r C a t a l o n ia Dr A r t e s i a D r S e v ille Dr Laredo D r M o n t e r e y D r R o a d 4 4 S a n d i f u r P k w y 1 5 7 H i l l t o p D r S i n a i D r S i r o c c o D r Tama r i s k D r D e s e r t P l a t e a u D r D e s e r t P l S a h a r a D r Mead o wV i e w D r C a t h e d r a l D r W A r g e n t Rd B u r d e n B l v d 1 3 7 1 1 0 RobertWayneDr Porto Ln Sirocco Dr Ro a d 5 2 Desert P l a t e a u D r Palmyra Dr Babine Dr Teruel Ln Cariboo Dr Sonora Ct An d o r r a C t Co r d o v a C t Ro a d 7 1 S t P l Mo n r o v i a C t Ga l i c i a C t Ro a d 7 6 Ro a d 5 6 Pe p p e r t r e e C t Soca s C t Catalonia Ct Cordero Dr Za f r a C t Le o n C t Gr a n a d a L n Eq u i n o x C t El P a s o D r Ro a d 7 6 C a t h e d r a l D r Fawn Ct De s e r t C t Courtney Ct Phoenix Ln Waxwing D r C h o l l a C t Gr a n t L n Ch a p e l Hill P l Wrigley Dr Savary Dr Malaga Dr R i o G r a n d e S t Fenway Dr Des Moines Ln K a l a h a ri D r Julie Ln Ca b r i l l o Ct Churchill Downs Ln Woo d b i n e D r Hartford Dr Salem Dr Boulder Dr Lansing Ln C o l d w a t e rD r Cha p e l H i l l B l v d Sinai Dr Hilltop Dr Valencia Dr Desert Pl Segovia Dr Desert St L a d b rokeLn Latah Ct Artesia Dr Monterey Dr M arlin Ln Meadowsweet S t Laredo Dr Massey Dr Yankee Dr R i v e r h i l l D r Blue Jay Dr Po l o L n N 4 4 T h P l O riole Ln Atlanta Ln Brooklyn Ln Koufax Ln Cooperstown Ln CassiarDr C h o l l a Dr Texada Ln Roos e v e l t D r May s L n E l P a s o D r Thist l e d o w n D r T a m a r isk Dr An z a B o r r e g o C t Montague Ln Jefferson Dr Cook Ln Arthur Ln Ma r i n e r L n Fo r b e s L n Quadra Dr Cy Y o u n g L n Sonora Dr C ourtney Dr Roosevelt C t Pi l o t L n CyanDr Baton Rouge Dr Richmond Dr Wrigley Dr Polk Ct Eisenhower Ct Monrovia Ln Tradition D r Ca n t e r b u r y L n Antigua Dr Yuma Dr Bilbao Dr Moja v e C t PierreDr Re s e r v e L n Antigua Dr Tallahassee D r Cl e v e l a n d L n Gi b r a l t e r L n SerenaLn Ro a d 70 P l H o n olulu Dr Pr o v i d e n c e L n Seville Dr Ju n e a u L n Bermuda Dunes Dr Ma r b e l l a L n Dover Dr Madison Ave Desert Dr Gu e m e s L n Po r l i e r Ln Pinehurst Dr Tyle r Ct Mad r i d L n Horizon Ct Fayette L n Fillmore Dr Co n v e n t i o n P l Jac k s o n L n A u s t i n C t Ruth Dr St Paul Ct Mojave Dr Lapis Ln A n gelo Ln Cornflow e r Dr St P a u l L n IndigoLn Mckinley Ct Coolidge Ct Aq u e d u c t L n Ba j a D r Pe y o t e D r Ha w t h o r n e L n Em e r a l d Do w n s L n Sa g u a r o Dr Ca l d e r L n Ke e n e l a n d L n Ti g e r L n In dia n R idgeDr Camden Dr Sahara Dr Montpe l i e r D r Ebbets Dr Vendovi Dr H o v l e y Ln Pimlico Dr Meadow View Dr Azure Dr AintreeDr Ai n t r e e L n Galiano Dr Estevan Dr Pender Dr Bonilla Dr Thetis Dr Louisville Dr Robinson Dr Sierra Dr Truman Ln El o n L n Nas hville Dr Dodger Dr Sacramento Dr Denver Dr Concord Dr Comiskey Dr Raleigh Dr Ta f t D r C oldwaterDr Joshua Dr Austin Dr Ar i a n a L n Springfield Dr Ibis Ln To p e ka D r Oriole Dr Pintail Ln La k e l s e L n B i g h o r n D r Kennedy W ay Mo n t g o m e r y L n Gehrig Dr Boise Dr R eagan W ay MadisonAve Catalonia Dr Pamplona Dr Rodeo Dr Charleston Ln Buchanan Ln Johnson Dr Co n v e n t i o n D r Ha y e s L n Kathren L n Valley View Pl Candlestick Dr Bismarck Ln Ro a d 6 0 Turf P a r a d i s e D r Belm o n t D r Rem i n g t o n D r Lucena Dr Burden Blvd Cl e m e n t e L n Homerun Rd 182 182 182 182 182 182 R O A D 6 8 R O A D 4 4 S A N D I F U R P K W Y SA N D I F U R P K W Y BURDEN BLVD W A R GENTRD Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community 0 250 500 750 1,000130 Feet Overview Map SITE Item: Burden Blvd Soccer Complex Improvements Applicant(s): City of Pasco Parks and Recreation Division File #: SP2025-006/SEPA2025-015 ± C a n d l e s t i c k D r D o d g e r D r F e n w a y D r C o n v e n t i o n P l B u r d e n B l v d T aft Dr R o o s e v e l t D r K e n n e dy W ay R ea g a n W a y H a r t f o r d D r D e s M o i n e s L n L a n s i n g L n S t P a u l L n A t l a n t a L n M a d i s o n A v e P r o v i d e n c e L n J u n e a u L n A u s t i n D r D e n v e r D r S a l e m D r B o i s e D r M o n t g o m e r y L n B u r d e n B l v d Mo n t g o m e r y L n Fenway Dr Polo Ln Marlin Ln Montpelier Dr De s M o i n e s L n Eisenhower CtCo o p e r s t o w n L n Salem Dr Broo k l y n L n Lansing Ln A t l anta Ln Fo r b e s L n Roos e vel t C t Baton Rouge Dr Richmond Dr Roosevelt Dr Cleveland L n Pr o v i d e n c e L n Ju n e a u L n A u s t in Ct Robert Wayne Dr Buchanan Ln A r t h urLn Ro a d 6 0 Ebbets Dr Dodger Dr Ma d i s o n A v e Sacramento Dr Denver Dr Concord Dr Taft Dr Austin Dr Springfield Dr To pek a D r Ken n e d y W a y Reagan W ay Bo ise Dr Homerun Rd 182 BURDEN BLVD Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community 0 250 500 750 1,000130 Feet Vicinity Map SITE Item: Burden Blvd Soccer Complex Improvements Applicant(s): City of Pasco Parks and Recreation Division File #: SP2025-006/SEPA2025-015 ± C a n d l e s t i c k D r D o d g e r D r F e n w a y D r C o n v e n t i o n P l B u r d e n B l v d T aft Dr R o o s e v e l t D r K e n n e dy W ay R ea g a n W a y H a r t f o r d D r D e s M o i n e s L n L a n s i n g L n S t P a u l L n A t l a n t a L n M a d i s o n A v e P r o v i d e n c e L n J u n e a u L n A u s t i n D r D e n v e r D r S a l e m D r B o i s e D r M o n t g o m e r y L n B u r d e n B l v d C-1, Retail Business District R-T, Residential Transition District C-1, Retail Business District R-1, Low-Density Residential District R-1, Low-Density Residential District R-1, Low-Density Residential District R-1, Low-Density Residential District Mo n t g o m e r y L n Fenway Dr Polo Ln Marlin Ln Montpelier Dr De s M o i n e s L n Eisenhower CtCo o p e r s t o w n L n Salem Dr B rooklyn Ln Lansing Ln A t l anta Ln Fo r b e s L n Roos e vel t C t Baton Rouge Dr Richmond Dr Roosevelt Dr Cleveland L n Pr o v i d e n c e L n Ju n e a u L n A u s t in Ct Robert Wayne Dr Buchanan Ln A r t h urLn Ro a d 6 0 Ebbets Dr Dodger Dr Ma d i s o n A v e Sacramento Dr Denver Dr Concord Dr Taft Dr Austin Dr Springfield Dr To pek a D r Ken n e d y W a y Reagan W ay Bo ise Dr Homerun Rd 182 BURDEN BLVD Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community 0 250 500 750 1,000130 Feet Zoning Map SITE Item: Burden Blvd Soccer Complex Improvements Applicant(s): City of Pasco Parks and Recreation Division File #: SP2025-006/SEPA2025-015 ± C a n d l e s t i c k D r D o d g e r D r F e n w a y D r C o n v e n t i o n P l B u r d e n B l v d T aft Dr R o o s e v e l t D r K e n n e dy W ay R ea g a n W a y H a r t f o r d D r D e s M o i n e s L n L a n s i n g L n S t P a u l L n A t l a n t a L n M a d i s o n A v e P r o v i d e n c e L n J u n e a u L n A u s t i n D r D e n v e r D r S a l e m D r B o i s e D r M o n t g o m e r y L n B u r d e n B l v d SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs Hotels/Motels 39 - Commercial - Misc Commercial 39 - Commercial - Misc Commercial Auto Parking Auto Parking Retail 54 - Trade - Food Eating & Drinking Trade Trade Trade Professional Services Services Services BusinessProfessional Professional 69 - Services - Misc 69 - Services - Misc Rec. Activities Rec. Activities Parks Parks Parks Parks Undeveloped UndevelopedUndeveloped Undeveloped Undeveloped Mo n t g o m e r y L n Fenway Dr Polo Ln Marlin Ln Montpelier Dr De s M o i n e s L n Eisenhower CtCo o p e r s t o w n L n Salem Dr B ro oklyn Ln Lansing Ln A t l anta Ln Fo r b e s L n Roos e vel t C t Baton Rouge Dr Richmond Dr Roosevelt Dr Cleveland L n Pr o v i d e n c e L n Ju n e a u L n A u s t in Ct Robert Wayne Dr Buchanan Ln A r t h urLn Ro a d 6 0 Ebbets Dr Dodger Dr Ma d i s o n A v e Sacramento Dr Denver Dr Concord Dr Taft Dr Austin Dr Springfield Dr To pek a D r Ken n e d y W a y Reagan W ay Bo ise Dr Homerun Rd 182 BURDEN BLVD Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community 0 250 500 750 1,000130 Feet Land Use Map SITE Item: Burden Blvd Soccer Complex Improvements Applicant(s): City of Pasco Parks and Recreation Division File #: SP2025-006/SEPA2025-015 ± PROJECT SUMMARY Not to be reproduced in whole or part without the wriƩen consent of Musco Sports LighƟng, LLC. ©1981, 2023 Musco Sports LighƟng, LLC.ENGINEERED DESIGN By: William Isiminger • File #240363A • 30-Oct-24 Burden Park Soccer Pasco,WA Lighting System Pole/Fixture Summary Pole ID Pole Height Mtg Height Fixture Qty Luminaire Type Load Circuit S1-S4 70'70'1 TLC-LED-1200 1.17 kW A 70'4 TLC-LED-1500 5.64 kW A S5-S6 70'70'1 TLC-LED-1200 1.17 kW B 70'4 TLC-LED-1500 5.64 kW B S7-S8 70'70'1 TLC-LED-1200 1.17 kW C 70'4 TLC-LED-1500 5.64 kW C S9 90'90'5 TLC-LED-1500 7.05 kW B 90'5 TLC-LED-1500 7.05 kW D S10 90'90'5 TLC-LED-1500 7.05 kW B 90'5 TLC-LED-1500 7.05 kW C 90'5 TLC-LED-1500 7.05 kW D 90'5 TLC-LED-1500 7.05 kW E S11 90'90'5 TLC-LED-1500 7.05 kW C 90'5 TLC-LED-1500 7.05 kW E S12 70'70'3 TLC-LED-1500 4.23 kW D 70'4 TLC-LED-900 3.52 kW D S13 70'70'1 TLC-LED-1200 1.17 kW D 70'4 TLC-LED-1500 5.64 kW D S14-S15 70'70'1 TLC-LED-1200 1.17 kW E 70'2 TLC-LED-900 1.76 kW E 70'3 TLC-LED-1500 4.23 kW E 15 104 139.76 kW Circuit Summary Circuit Description Load Fixture Qty A Soccer 1 27.24 kW 20 B Soccer 2 27.72 kW 20 C Soccer 3 27.72 kW 20 D Soccer 4 28.66 kW 22 E Soccer 5 28.42 kW 22 Fixture Type Summary Type Source Wattage Lumens L90 L80 L70 Quantity TLC-LED-1200 LED 5700K - 75 CRI 1170W 150,000 >120,000 >120,000 >120,000 11 TLC-LED-1500 LED 5700K - 75 CRI 1410W 181,000 >120,000 >120,000 >120,000 85 TLC-LED-900 LED 5700K - 75 CRI 880W 104,000 >120,000 >120,000 >120,000 8 Single Luminaire Amperage Draw Chart Driver SpeciĮcaƟons (.90 min power factor) Line Amperage Per Luminaire (max draw) Single Phase Voltage 208 (60) 220 (60) 240 (60) 277 (60) 347 (60) 380 (60) 480 (60) TLC-LED-1200 6.9 6.5 6.0 5.2 4.2 3.8 3.0 TLC-LED-1500 8.4 7.9 7.3 6.3 5.0 4.6 3.6 TLC-LED-900 5.2 4.9 4.5 3.9 3.1 2.9 2.3 Light Level Summary Calculation Grid Summary Grid Name Calculation Metric Illumination Ave Circuits Fixture QtyAveMinMaxMax/Min Ave/Min East PL Cd 1 Max Candela (by Fixture)1041.42 0 2839 --A,B,C,D,E 104 East PL Cd 2 Max Candela (by Fixture)5331.73 2343 7069 3.02 2.28 A,B,C,D,E 104 East PL Spill 1 Horizontal 0.04 0 0 --A,B,C,D,E 104 East PL Spill 1 Max Vertical Illuminance Metric 0.07 0 1 --A,B,C,D,E 104 East PL Spill 2 Horizontal 0.68 0 1 5.14 3.28 A,B,C,D,E 104 East PL Spill 2 Max Vertical Illuminance Metric 0.84 0 1 2.69 2.08 A,B,C,D,E 104 North Neighbor PL Cd Max Candela (by Fixture)3689.92 1257 5583 4.44 2.94 A,B,C,D,E 104 North Neighbor PL Spill Horizontal 0.10 0 0 8.31 5.49 A,B,C,D,E 104 North Neighbor PL Spill Max Vertical Illuminance Metric 0.19 0 0 6.06 4.14 A,B,C,D,E 104 Soccer 1 Horizontal Illuminance 34.27 25 42 1.69 1.38 A 20 Soccer 2 Horizontal Illuminance 32.15 23 42 1.82 1.40 B 20 Soccer 3 Horizontal Illuminance 31.93 24 42 1.78 1.36 C 20 Soccer 4 Horizontal Illuminance 33.84 25 45 1.82 1.36 D 22 Soccer 5 Horizontal Illuminance 33.37 24 43 1.76 1.36 E 22 ILLUMINATION SUMMARY Not to be reproduced in whole or part without the wriƩen consent of Musco Sports LighƟng, LLC. ©1981, 2023 Musco Sports LighƟng, LLC.ENGINEERED DESIGN By: William Isiminger • File #240363A • 30-Oct-24 S1 S2 S3S4 36 37 27 25 25 27 37 36 42 40 34 29 29 34 40 42 41 38 35 33 33 35 38 41 31 39 36 32 32 36 39 31 37 42 34 30 30 34 42 37 29 38 31 27 27 31 38 29 29 38 31 27 27 31 38 29 37 42 34 30 30 34 42 37 31 39 36 32 32 36 39 31 41 38 35 33 33 35 38 41 42 40 34 29 29 34 40 42 36 37 27 25 25 27 37 36 12 5 ' 110' 12 5 ' 110' 12 5 ' 110' 12 5 ' 110' SCALE IN FEET 1 : 40 0'40'80' Equipment List For Areas Shown Pole Luminaires QTY LOCATION SIZE GRADE ELEVATION ABOVE GRADE LEVEL LUMINAIRE TYPE QTY/POLE THIS GRID OTHER GRIDS 4 S1-S4 70'-70'TLC-LED-1200 1 1 0 70'TLC-LED-1500 4 4 0 4 Totals 20 20 0 *Above Grade level relative to the field Burden Park Soccer Pasco,WA Grid Summary Name Soccer 1 Size 345' x 225' Spacing 30.0' Height 3.0' above grade Illumination Summary MAINTAINED HORIZONTAL FOOTCANDLES Entire Grid Guaranteed Average 30 Scan Average 34.27 Maximum 42 Minimum 25 Avg/Min 1.38 Guaranteed Max/Min 2.5 Max/Min 1.69 UG (adjacent pts)1.39 CU 0.84 No. of Points 96 LUMINAIRE INFORMATION Applied Circuits A No. of Luminaires 20 Total Load 27.24 kW Pole location(s)dimensions are relative to 0,0 reference point(s) Guaranteed Performance:The ILLUMINATION described aboveis guaranteed per your Musco Warranty document andincludes a 0.95 dirt depreciation factor. Field Measurements:Individual field measurements may varyfrom computer-calculated predictions and should be takenin accordance with IESNA RP-6-15. Electrical System Requirements:Refer to AmperageDraw Chart and/or the "Musco Control System Summary"for electrical sizing. Installation Requirements:Results assume ± 3%nominal voltage at line side of the driver and structureslocated within 3 feet (1m) of design locations. ILLUMINATION SUMMARY Not to be reproduced in whole or part without the wriƩen consent of Musco Sports LighƟng, LLC. ©1981, 2023 Musco Sports LighƟng, LLC.ENGINEERED DESIGN By: William Isiminger • File #240363A • 30-Oct-24 S5 S6 S9 30 31 30 29 23 25 38 37 30 33 35 34 29 33 38 38 28 34 35 33 30 31 31 39 29 36 36 31 29 30 34 38 29 36 34 28 26 28 36 42 28 34 32 28 26 29 34 35 27 34 32 27 26 29 34 35 29 36 34 28 26 28 36 42 30 36 36 31 28 30 34 38 29 35 35 33 30 31 31 39 31 34 35 34 29 33 38 38 31 32 31 29 23 25 38 37 S10 13 5 ' 117' 12 5 ' 183' 12 4 ' 183' 13 5 ' 117' SCALE IN FEET 1 : 40 0'40'80' Equipment List For Areas Shown Pole Luminaires QTY LOCATION SIZE GRADE ELEVATION ABOVE GRADE LEVEL LUMINAIRE TYPE QTY/POLE THIS GRID OTHER GRIDS 2 S5-S6 70'-70'TLC-LED-1200 1 1 0 70'TLC-LED-1500 4 4 0 1 S9 90'-90'TLC-LED-1500 10 5 5 1 S10 90'-90'TLC-LED-1500 10/10*5 15 4 Totals 40 20 20 *This structure utilizes a back-to-back mounting configuration *Above Grade level relative to the field Burden Park Soccer Pasco,WA Grid Summary Name Soccer 2 Size 335' x 225' Spacing 30.0' Height 3.0' above grade Illumination Summary MAINTAINED HORIZONTAL FOOTCANDLES Entire Grid Guaranteed Average 30 Scan Average 32.15 Maximum 42 Minimum 23 Avg/Min 1.40 Guaranteed Max/Min 2.5 Max/Min 1.82 UG (adjacent pts)1.48 CU 0.77 No. of Points 96 LUMINAIRE INFORMATION Applied Circuits B No. of Luminaires 20 Total Load 27.72 kW Pole location(s)dimensions are relative to 0,0 reference point(s) Guaranteed Performance:The ILLUMINATION described aboveis guaranteed per your Musco Warranty document andincludes a 0.95 dirt depreciation factor. Field Measurements:Individual field measurements may varyfrom computer-calculated predictions and should be takenin accordance with IESNA RP-6-15. Electrical System Requirements:Refer to AmperageDraw Chart and/or the "Musco Control System Summary"for electrical sizing. Installation Requirements:Results assume ± 3%nominal voltage at line side of the driver and structureslocated within 3 feet (1m) of design locations. ILLUMINATION SUMMARY Not to be reproduced in whole or part without the wriƩen consent of Musco Sports LighƟng, LLC. ©1981, 2023 Musco Sports LighƟng, LLC.ENGINEERED DESIGN By: William Isiminger • File #240363A • 30-Oct-24 S7 S8 S11 33 32 31 29 24 26 38 36 31 35 36 33 29 32 36 37 29 36 37 34 29 29 29 37 29 37 37 31 27 26 31 38 28 34 33 27 24 28 37 42 26 30 30 26 26 30 36 34 27 30 30 26 26 30 36 34 28 34 33 28 25 28 37 42 28 37 37 32 27 27 32 38 28 35 36 34 30 30 30 37 30 34 34 33 31 37 39 37 31 30 28 28 26 31 42 37 12 5 ' 183' 12 5 ' 183' 13 5 ' 117' 13 5 ' 117' S10 SCALE IN FEET 1 : 40 0'40'80' Equipment List For Areas Shown Pole Luminaires QTY LOCATION SIZE GRADE ELEVATION ABOVE GRADE LEVEL LUMINAIRE TYPE QTY/POLE THIS GRID OTHER GRIDS 2 S7-S8 70'-70'TLC-LED-1200 1 1 0 70'TLC-LED-1500 4 4 0 1 S10 90'-90'TLC-LED-1500 10/10*5 15 1 S11 90'-90'TLC-LED-1500 10 5 5 4 Totals 40 20 20 *This structure utilizes a back-to-back mounting configuration *Above Grade level relative to the field Burden Park Soccer Pasco,WA Grid Summary Name Soccer 3 Size 335' x 225' Spacing 30.0' Height 3.0' above grade Illumination Summary MAINTAINED HORIZONTAL FOOTCANDLES Entire Grid Guaranteed Average 30 Scan Average 31.93 Maximum 42 Minimum 24 Avg/Min 1.36 Guaranteed Max/Min 2.5 Max/Min 1.78 UG (adjacent pts)1.45 CU 0.77 No. of Points 96 LUMINAIRE INFORMATION Applied Circuits C No. of Luminaires 20 Total Load 27.72 kW Pole location(s)dimensions are relative to 0,0 reference point(s) Guaranteed Performance:The ILLUMINATION described aboveis guaranteed per your Musco Warranty document andincludes a 0.95 dirt depreciation factor. Field Measurements:Individual field measurements may varyfrom computer-calculated predictions and should be takenin accordance with IESNA RP-6-15. Electrical System Requirements:Refer to AmperageDraw Chart and/or the "Musco Control System Summary"for electrical sizing. Installation Requirements:Results assume ± 3%nominal voltage at line side of the driver and structureslocated within 3 feet (1m) of design locations. ILLUMINATION SUMMARY Not to be reproduced in whole or part without the wriƩen consent of Musco Sports LighƟng, LLC. ©1981, 2023 Musco Sports LighƟng, LLC.ENGINEERED DESIGN By: William Isiminger • File #240363A • 30-Oct-24 S12 S13 30 39 32 26 30 32 32 32 43 45 33 32 36 38 36 30 38 39 35 36 40 40 37 28 38 36 36 35 37 40 37 29 38 40 36 31 32 35 35 28 34 42 35 30 29 31 31 26 35 38 34 28 27 31 31 26 41 42 32 27 29 33 34 28 40 37 30 29 32 37 36 29 39 31 30 29 34 38 36 28 37 42 35 30 35 38 37 31 30 38 30 25 30 32 33 34 12 5 ' 183' 12 5 ' 183' 12 5 ' 90' 13 5 ' 117' S10S9 SCALE IN FEET 1 : 40 0'40'80' Equipment List For Areas Shown Pole Luminaires QTY LOCATION SIZE GRADE ELEVATION ABOVE GRADE LEVEL LUMINAIRE TYPE QTY/POLE THIS GRID OTHER GRIDS 1 S9 90'-90'TLC-LED-1500 10 5 5 1 S10 90'-90'TLC-LED-1500 10/10*5 15 1 S12 70'-70'TLC-LED-1500 3 3 0 70'TLC-LED-900 4 4 0 1 S13 70'-70'TLC-LED-1200 1 1 0 70'TLC-LED-1500 4 4 0 4 Totals 42 22 20 *This structure utilizes a back-to-back mounting configuration *Above Grade level relative to the field Burden Park Soccer Pasco,WA Grid Summary Name Soccer 4 Size 335' x 225' Spacing 30.0' Height 3.0' above grade Illumination Summary MAINTAINED HORIZONTAL FOOTCANDLES Entire Grid Guaranteed Average 30 Scan Average 33.84 Maximum 45 Minimum 25 Avg/Min 1.36 Guaranteed Max/Min 2.5 Max/Min 1.82 UG (adjacent pts)1.43 CU 0.79 No. of Points 96 LUMINAIRE INFORMATION Applied Circuits D No. of Luminaires 22 Total Load 28.66 kW Pole location(s)dimensions are relative to 0,0 reference point(s) Guaranteed Performance:The ILLUMINATION described aboveis guaranteed per your Musco Warranty document andincludes a 0.95 dirt depreciation factor. Field Measurements:Individual field measurements may varyfrom computer-calculated predictions and should be takenin accordance with IESNA RP-6-15. Electrical System Requirements:Refer to AmperageDraw Chart and/or the "Musco Control System Summary"for electrical sizing. Installation Requirements:Results assume ± 3%nominal voltage at line side of the driver and structureslocated within 3 feet (1m) of design locations. ILLUMINATION SUMMARY Not to be reproduced in whole or part without the wriƩen consent of Musco Sports LighƟng, LLC. ©1981, 2023 Musco Sports LighƟng, LLC.ENGINEERED DESIGN By: William Isiminger • File #240363A • 30-Oct-24 S14 S15 31 39 30 24 29 29 31 31 38 43 36 30 34 34 35 31 42 34 32 31 34 37 36 28 43 36 34 32 35 39 38 29 35 38 32 30 33 37 36 28 27 37 33 30 31 33 32 25 27 37 33 30 31 33 33 25 35 38 32 30 33 37 36 28 43 36 34 33 35 39 38 29 42 34 34 32 34 36 35 27 38 42 41 33 33 32 34 29 31 40 33 26 28 27 29 29 12 5 ' 183' 12 5 ' 183' 13 5 ' 117' 13 5 ' 117' S11S10 SCALE IN FEET 1 : 40 0'40'80' Equipment List For Areas Shown Pole Luminaires QTY LOCATION SIZE GRADE ELEVATION ABOVE GRADE LEVEL LUMINAIRE TYPE QTY/POLE THIS GRID OTHER GRIDS 1 S10 90'-90'TLC-LED-1500 10/10*5 15 1 S11 90'-90'TLC-LED-1500 10 5 5 2 S14-S15 70'-70'TLC-LED-1200 1 1 0 70'TLC-LED-1500 3 3 0 70'TLC-LED-900 2 2 0 4 Totals 42 22 20 *This structure utilizes a back-to-back mounting configuration *Above Grade level relative to the field Burden Park Soccer Pasco,WA Grid Summary Name Soccer 5 Size 335' x 225' Spacing 30.0' Height 3.0' above grade Illumination Summary MAINTAINED HORIZONTAL FOOTCANDLES Entire Grid Guaranteed Average 30 Scan Average 33.37 Maximum 43 Minimum 24 Avg/Min 1.36 Guaranteed Max/Min 2.5 Max/Min 1.76 UG (adjacent pts)1.38 CU 0.79 No. of Points 96 LUMINAIRE INFORMATION Applied Circuits E No. of Luminaires 22 Total Load 28.42 kW Pole location(s)dimensions are relative to 0,0 reference point(s) Guaranteed Performance:The ILLUMINATION described aboveis guaranteed per your Musco Warranty document andincludes a 0.95 dirt depreciation factor. Field Measurements:Individual field measurements may varyfrom computer-calculated predictions and should be takenin accordance with IESNA RP-6-15. Electrical System Requirements:Refer to AmperageDraw Chart and/or the "Musco Control System Summary"for electrical sizing. Installation Requirements:Results assume ± 3%nominal voltage at line side of the driver and structureslocated within 3 feet (1m) of design locations. ILLUMINATION SUMMARY Not to be reproduced in whole or part without the wriƩen consent of Musco Sports LighƟng, LLC. ©1981, 2023 Musco Sports LighƟng, LLC.ENGINEERED DESIGN By: William Isiminger • File #240363A • 30-Oct-24 S1 S2 S3S4 S9 S10 S12 S13 S14 0.00 0.00 0.00 0.00 0.00 0.00 0.01 0.03 0.05 0.04 0.00 0.00 0.01 0.06 0.09 0.09 0.06 0.01 0.00 0.00 0.04 0.05 0.03 0.02 0.05 0.13 0.32 0.14 0.04 0.02 0.02 0.02 0.01 0.01 0.00 0.00 0.00 0.00 0.00 SCALE IN FEET 1 : 120 0'120'240' Burden Park Soccer Pasco,WA Grid Summary Name East PL Spill 1 Spacing 30.0' Height -5.0' above grade Illumination Summary MAINTAINED HORIZONTAL FOOTCANDLES Entire Grid Scan Average 0.04 Maximum 0 Minimum 0 Avg/Min - Max/Min - UG (adjacent pts)0.00 CU 0.00 No. of Points 39 LUMINAIRE INFORMATION Applied Circuits A,B,C,D,E No. of Luminaires 104 Total Load 139.76 kW Pole location(s)dimensions are relative to 0,0 reference point(s) Guaranteed Performance:The ILLUMINATION described aboveis guaranteed per your Musco Warranty document andincludes a 0.95 dirt depreciation factor. Field Measurements:Individual field measurements may varyfrom computer-calculated predictions and should be takenin accordance with IESNA RP-6-15. Electrical System Requirements:Refer to AmperageDraw Chart and/or the "Musco Control System Summary"for electrical sizing. Installation Requirements:Results assume ± 3%nominal voltage at line side of the driver and structureslocated within 3 feet (1m) of design locations. ILLUMINATION SUMMARY Not to be reproduced in whole or part without the wriƩen consent of Musco Sports LighƟng, LLC. ©1981, 2023 Musco Sports LighƟng, LLC.ENGINEERED DESIGN By: William Isiminger • File #240363A • 30-Oct-24 S1 S2 S3S4 S9 S10 S12 S13 S14 0.00 0.00 0.00 0.00 0.00 0.00 0.03 0.08 0.12 0.09 0.01 0.01 0.03 0.11 0.16 0.16 0.10 0.03 0.01 0.01 0.08 0.11 0.06 0.05 0.11 0.23 0.51 0.23 0.09 0.08 0.08 0.07 0.05 0.03 0.01 0.00 0.00 0.00 0.00 SCALE IN FEET 1 : 120 0'120'240' Burden Park Soccer Pasco,WA Grid Summary Name East PL Spill 1 Spacing 30.0' Height -5.0' above grade Illumination Summary MAINTAINED MAX VERTICAL FOOTCANDLES Entire Grid Scan Average 0.07 Maximum 1 Minimum 0 Avg/Min - Max/Min - UG (adjacent pts)0.00 CU 0.00 No. of Points 39 LUMINAIRE INFORMATION Applied Circuits A,B,C,D,E No. of Luminaires 104 Total Load 139.76 kW Pole location(s)dimensions are relative to 0,0 reference point(s) Guaranteed Performance:The ILLUMINATION described aboveis guaranteed per your Musco Warranty document andincludes a 0.95 dirt depreciation factor. Field Measurements:Individual field measurements may varyfrom computer-calculated predictions and should be takenin accordance with IESNA RP-6-15. Electrical System Requirements:Refer to AmperageDraw Chart and/or the "Musco Control System Summary"for electrical sizing. Installation Requirements:Results assume ± 3%nominal voltage at line side of the driver and structureslocated within 3 feet (1m) of design locations. ILLUMINATION SUMMARY Not to be reproduced in whole or part without the wriƩen consent of Musco Sports LighƟng, LLC. ©1981, 2023 Musco Sports LighƟng, LLC.ENGINEERED DESIGN By: William Isiminger • File #240363A • 30-Oct-24 S1 S2 S3S4 S9 S10 S12 S13 S14 0 0 0 0 0 40 670 1736 2264 1325 139 247 874 1771 2592 2586 1672 703 139 247 1107 1826 1188 1015 1721 2255 2839 1773 1909 1848 1736 1775 1502 908 157 39 10 0 0 SCALE IN FEET 1 : 120 0'120'240' Burden Park Soccer Pasco,WA Grid Summary Name East PL Cd 1 Spacing 30.0' Height -3.0' above grade Illumination Summary MAINTAINED MAX CANDELA (PER FIXTURE) Entire Grid Scan Average 1041.42 Maximum 2839 Minimum 0 Avg/Min - Max/Min - UG (adjacent pts)0.00 CU 0.00 No. of Points 39 LUMINAIRE INFORMATION Applied Circuits A,B,C,D,E No. of Luminaires 104 Total Load 139.76 kW Pole location(s)dimensions are relative to 0,0 reference point(s) Guaranteed Performance:The ILLUMINATION described aboveis guaranteed per your Musco Warranty document andincludes a 0.95 dirt depreciation factor. Field Measurements:Individual field measurements may varyfrom computer-calculated predictions and should be takenin accordance with IESNA RP-6-15. Electrical System Requirements:Refer to AmperageDraw Chart and/or the "Musco Control System Summary"for electrical sizing. Installation Requirements:Results assume ± 3%nominal voltage at line side of the driver and structureslocated within 3 feet (1m) of design locations. ILLUMINATION SUMMARY Not to be reproduced in whole or part without the wriƩen consent of Musco Sports LighƟng, LLC. ©1981, 2023 Musco Sports LighƟng, LLC.ENGINEERED DESIGN By: William Isiminger • File #240363A • 30-Oct-24 S13 S14 S15 1.06 0.89 0.63 0.87 0.81 0.70 0.56 0.59 0.75 0.80 0.80 0.44 0.57 0.44 0.21 SCALE IN FEET 1 : 50 0'50'100' Burden Park Soccer Pasco,WA Grid Summary Name East PL Spill 2 Spacing 30.0' Height 5.0' above grade Illumination Summary MAINTAINED HORIZONTAL FOOTCANDLES Entire Grid Scan Average 0.68 Maximum 1 Minimum 0 Avg/Min 3.28 Max/Min 5.14 UG (adjacent pts)0.00 CU 0.00 No. of Points 15 LUMINAIRE INFORMATION Applied Circuits A,B,C,D,E No. of Luminaires 104 Total Load 139.76 kW Pole location(s)dimensions are relative to 0,0 reference point(s) Guaranteed Performance:The ILLUMINATION described aboveis guaranteed per your Musco Warranty document andincludes a 0.95 dirt depreciation factor. Field Measurements:Individual field measurements may varyfrom computer-calculated predictions and should be takenin accordance with IESNA RP-6-15. Electrical System Requirements:Refer to AmperageDraw Chart and/or the "Musco Control System Summary"for electrical sizing. Installation Requirements:Results assume ± 3%nominal voltage at line side of the driver and structureslocated within 3 feet (1m) of design locations. ILLUMINATION SUMMARY Not to be reproduced in whole or part without the wriƩen consent of Musco Sports LighƟng, LLC. ©1981, 2023 Musco Sports LighƟng, LLC.ENGINEERED DESIGN By: William Isiminger • File #240363A • 30-Oct-24 S13 S14 S15 1.00 0.85 0.73 1.09 1.06 0.98 0.69 0.78 1.03 1.01 0.97 0.56 0.78 0.71 0.41 SCALE IN FEET 1 : 50 0'50'100' Burden Park Soccer Pasco,WA Grid Summary Name East PL Spill 2 Spacing 30.0' Height 5.0' above grade Illumination Summary MAINTAINED MAX VERTICAL FOOTCANDLES Entire Grid Scan Average 0.84 Maximum 1 Minimum 0 Avg/Min 2.08 Max/Min 2.69 UG (adjacent pts)0.00 CU 0.00 No. of Points 15 LUMINAIRE INFORMATION Applied Circuits A,B,C,D,E No. of Luminaires 104 Total Load 139.76 kW Pole location(s)dimensions are relative to 0,0 reference point(s) Guaranteed Performance:The ILLUMINATION described aboveis guaranteed per your Musco Warranty document andincludes a 0.95 dirt depreciation factor. Field Measurements:Individual field measurements may varyfrom computer-calculated predictions and should be takenin accordance with IESNA RP-6-15. Electrical System Requirements:Refer to AmperageDraw Chart and/or the "Musco Control System Summary"for electrical sizing. Installation Requirements:Results assume ± 3%nominal voltage at line side of the driver and structureslocated within 3 feet (1m) of design locations. ILLUMINATION SUMMARY Not to be reproduced in whole or part without the wriƩen consent of Musco Sports LighƟng, LLC. ©1981, 2023 Musco Sports LighƟng, LLC.ENGINEERED DESIGN By: William Isiminger • File #240363A • 30-Oct-24 S13 S14 S15 6973 7069 5250 4536 3704 5873 6724 6777 5082 3575 4097 2343 5359 7038 5576 SCALE IN FEET 1 : 50 0'50'100' Burden Park Soccer Pasco,WA Grid Summary Name East PL Cd 2 Spacing 30.0' Height 7.0' above grade Illumination Summary MAINTAINED MAX CANDELA (PER FIXTURE) Entire Grid Scan Average 5331.73 Maximum 7069 Minimum 2343 Avg/Min 2.28 Max/Min 3.02 UG (adjacent pts)0.00 CU 0.00 No. of Points 15 LUMINAIRE INFORMATION Applied Circuits A,B,C,D,E No. of Luminaires 104 Total Load 139.76 kW Pole location(s)dimensions are relative to 0,0 reference point(s) Guaranteed Performance:The ILLUMINATION described aboveis guaranteed per your Musco Warranty document andincludes a 0.95 dirt depreciation factor. Field Measurements:Individual field measurements may varyfrom computer-calculated predictions and should be takenin accordance with IESNA RP-6-15. Electrical System Requirements:Refer to AmperageDraw Chart and/or the "Musco Control System Summary"for electrical sizing. Installation Requirements:Results assume ± 3%nominal voltage at line side of the driver and structureslocated within 3 feet (1m) of design locations. ILLUMINATION SUMMARY Not to be reproduced in whole or part without the wriƩen consent of Musco Sports LighƟng, LLC. ©1981, 2023 Musco Sports LighƟng, LLC.ENGINEERED DESIGN By: William Isiminger • File #240363A • 30-Oct-24 S6 S10 S7 S8 S11 S13 S14 S15 0.03 0.06 0.07 0.09 0.11 0.13 0.14 0.13 0.11 0.09 0.13 0.14 0.14 0.11 0.09 0.07 0.06 0.02 SCALE IN FEET 1 : 100 0'100'200' Burden Park Soccer Pasco,WA Grid Summary Name North Neighbor PL Spill Spacing 30.0' Height 3.0' above grade Illumination Summary MAINTAINED HORIZONTAL FOOTCANDLES Entire Grid Scan Average 0.10 Maximum 0 Minimum 0 Avg/Min 5.49 Max/Min 8.31 UG (adjacent pts)0.00 CU 0.00 No. of Points 18 LUMINAIRE INFORMATION Applied Circuits A,B,C,D,E No. of Luminaires 104 Total Load 139.76 kW Pole location(s)dimensions are relative to 0,0 reference point(s) Guaranteed Performance:The ILLUMINATION described aboveis guaranteed per your Musco Warranty document andincludes a 0.95 dirt depreciation factor. Field Measurements:Individual field measurements may varyfrom computer-calculated predictions and should be takenin accordance with IESNA RP-6-15. Electrical System Requirements:Refer to AmperageDraw Chart and/or the "Musco Control System Summary"for electrical sizing. Installation Requirements:Results assume ± 3%nominal voltage at line side of the driver and structureslocated within 3 feet (1m) of design locations. ILLUMINATION SUMMARY Not to be reproduced in whole or part without the wriƩen consent of Musco Sports LighƟng, LLC. ©1981, 2023 Musco Sports LighƟng, LLC.ENGINEERED DESIGN By: William Isiminger • File #240363A • 30-Oct-24 S6 S10 S7 S8 S11 S13 S14 S15 0.07 0.16 0.14 0.17 0.21 0.25 0.28 0.24 0.19 0.16 0.23 0.27 0.27 0.22 0.18 0.14 0.14 0.05 SCALE IN FEET 1 : 100 0'100'200' Burden Park Soccer Pasco,WA Grid Summary Name North Neighbor PL Spill Spacing 30.0' Height 3.0' above grade Illumination Summary MAINTAINED MAX VERTICAL FOOTCANDLES Entire Grid Scan Average 0.19 Maximum 0 Minimum 0 Avg/Min 4.14 Max/Min 6.06 UG (adjacent pts)0.00 CU 0.00 No. of Points 18 LUMINAIRE INFORMATION Applied Circuits A,B,C,D,E No. of Luminaires 104 Total Load 139.76 kW Pole location(s)dimensions are relative to 0,0 reference point(s) Guaranteed Performance:The ILLUMINATION described aboveis guaranteed per your Musco Warranty document andincludes a 0.95 dirt depreciation factor. Field Measurements:Individual field measurements may varyfrom computer-calculated predictions and should be takenin accordance with IESNA RP-6-15. Electrical System Requirements:Refer to AmperageDraw Chart and/or the "Musco Control System Summary"for electrical sizing. Installation Requirements:Results assume ± 3%nominal voltage at line side of the driver and structureslocated within 3 feet (1m) of design locations. ILLUMINATION SUMMARY Not to be reproduced in whole or part without the wriƩen consent of Musco Sports LighƟng, LLC. ©1981, 2023 Musco Sports LighƟng, LLC.ENGINEERED DESIGN By: William Isiminger • File #240363A • 30-Oct-24 S6 S10 S7 S8 S11 S13 S14 S15 1885 4270 2815 3103 4072 5058 5388 4311 2391 1923 3908 5418 5583 4755 3897 2833 3553 1257 SCALE IN FEET 1 : 100 0'100'200' Burden Park Soccer Pasco,WA Grid Summary Name North Neighbor PL Cd Spacing 30.0' Height 5.0' above grade Illumination Summary MAINTAINED MAX CANDELA (PER FIXTURE) Entire Grid Scan Average 3689.92 Maximum 5583 Minimum 1257 Avg/Min 2.94 Max/Min 4.44 UG (adjacent pts)0.00 CU 0.00 No. of Points 18 LUMINAIRE INFORMATION Applied Circuits A,B,C,D,E No. of Luminaires 104 Total Load 139.76 kW Pole location(s)dimensions are relative to 0,0 reference point(s) Guaranteed Performance:The ILLUMINATION described aboveis guaranteed per your Musco Warranty document andincludes a 0.95 dirt depreciation factor. Field Measurements:Individual field measurements may varyfrom computer-calculated predictions and should be takenin accordance with IESNA RP-6-15. Electrical System Requirements:Refer to AmperageDraw Chart and/or the "Musco Control System Summary"for electrical sizing. Installation Requirements:Results assume ± 3%nominal voltage at line side of the driver and structureslocated within 3 feet (1m) of design locations. EQUIPMENT LAYOUT Not to be reproduced in whole or part without the wriƩen consent of Musco Sports LighƟng, LLC. ©1981, 2023 Musco Sports LighƟng, LLC.ENGINEERED DESIGN By: William Isiminger • File #240363A • 30-Oct-24 Burden Park Soccer Pasco,WA Soccer 1 345' x 225' 87 91 88 90 89 S1 92 96 93 9594 S2 97 101 98 100 99 S3 102 106 103 105 104 S4 Soccer 2 335' x 225' 1 5 2 4 3 S5 6 10 7 98 S6 32 34 33 35 31 36 40 38 39 37 S9 12 14 13 15 11 16 20 18 19 17 S10 21 24 23 25 22 26 30 28 29 27 41 45 42 44 43 S7 46 50 47 49 48 S8 Soccer 3 335' x 225' 52 55 53 54 51 56 60 58 59 57 S11 80 86 81 85 82 84 83 S12 75 79 76 78 77 S13 Soccer 4 335' x 225' 68 74 69 73 72 71 S14 61 67 62 66 63 64 S15 Soccer 5 335' x 225' SCALE IN FEET 1 : 200 0'200'400' Pole location(s)dimensions are relative to 0,0 reference point(s) Equipment Layout INCLUDES:· Soccer 1· Soccer 2· Soccer 3· Soccer 4· Soccer 5 Electrical System Requirements:Refer to AmperageDraw Chart and/or the "Musco Control System Summary"for electrical sizing. Installation Requirements:Results assume ± 3%nominal voltage at line side of the driver and structureslocated within 3 feet (1m) of design locations. Equipment List For Areas Shown Pole Luminaires QTY LOCATION SIZE GRADE ELEVATION ABOVE GRADE LEVEL LUMINAIRE TYPE QTY/POLE 9 S1-S8 S13 70'-70' 70' TLC-LED-1200 TLC-LED-1500 1 4 2 S9 S11 90'-90'TLC-LED-1500 10 1 S10 90'-90'TLC-LED-1500 10/10* 1 S12 70'-70' 70' TLC-LED-1500 TLC-LED-900 3 4 2 S14-S15 70'- 70' 70' 70' TLC-LED-1200 TLC-LED-1500 TLC-LED-900 1 3 2 15 Totals 104 Single Luminaire Amperage Draw Chart Driver SpeciĮcaƟons (.90 min power factor) Line Amperage Per Luminaire (max draw) Single Phase Voltage 208 (60) 220 (60) 240 (60) 277 (60) 347 (60) 380 (60) 480 (60) TLC-LED-1200 6.9 6.5 6.0 5.2 4.2 3.8 3.0 TLC-LED-1500 8.4 7.9 7.3 6.3 5.0 4.6 3.6 TLC-LED-900 5.2 4.9 4.5 3.9 3.1 2.9 2.3 *This structure utilizes a back-to-back mounting configuration Grant to City of Pasco through The Local Community Projects Program For Pasco Boulevard Soccer Field (Pasco) Project Docusign Envelope ID: 952DF561-5BBB-474E-998E-3C8FF23191F2 i Table of Contents FACE SHEET ................................................................................................................................................ 4 SPECIAL TERMS AND CONDITIONS ......................................................................................................... 5 1. GRANT MANAGEMENT ................................................................................................................... 5 2. COMPENSATION ............................................................................................................................. 5 3. CERTIFICATION OF FUNDS PERFORMANCE MEASURES ......................................................... 5 4. STATE PUBLIC WORKS .................................................................................................................. 6 5. SITE CONTROL ................................................................................................................................ 6 6. DOCUMENTATION AND SECURITY .............................................................................................. 6 7. BASIS FOR ESTABLISHING REAL PROPERTY VALUES FOR ACQUISITIONS OF REAL PROPERTY PERFORMANCE MEASURES ................................................................................... 7 8. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT .................................................................... 7 9. BILLING PROCEDURES AND PAYMENT ....................................................................................... 8 10. CLOSEOUT CERTIFICATION .......................................................................................................... 9 11. INSURANCE ..................................................................................................................................... 9 12. ORDER OF PRECEDENCE ........................................................................................................... 11 13. REDUCTION IN FUNDS ................................................................................................................. 11 14. REAPPROPRIATION ...................................................................................................................... 12 15. OWNERSHIP OF PROJECT/CAPITAL FACILITIES ...................................................................... 12 16. CHANGE OF OWNERSHIP OR USE FOR GRANTEE-OWNED PROPERTY ............................. 12 17. CHANGE OF USE FOR LEASED PROPERTY PERFORMANCE MEASURE ............................. 12 18. MODIFICATION TO THE PROJECT BUDGET .............................................................................. 13 19. SIGNAGE, MARKERS AND PUBLICATIONS ................................................................................ 13 20. HISTORICAL AND CULTURAL ARTIFACTS ................................................................................. 14 21. TERMINATION FOR FRAUD OR MISREPRESENTATION .......................................................... 14 22. FRAUD AND OTHER LOSS REPORTING .................................................................................... 14 23. PUBLIC RECORDS ACT ................................................................................................................ 15 24. APPLICABILITY OF COPYRIGHT PROVISIONS TO ARCHITECTURAL/ENGINEERING DESIGN WORK ............................................................................................................................................ 15 25. TREATMENT OF ASSETS ............................................................................................................. 15 GENERAL TERMS AND CONDITIONS ..................................................................................................... 16 1. DEFINITIONS.................................................................................................................................. 16 2. ACCESS TO DATA ......................................................................................................................... 16 3. ADVANCE PAYMENTS PROHIBITED ........................................................................................... 16 4. ALL WRITINGS CONTAINED HEREIN .......................................................................................... 16 5. ALLOWABLE COSTS ..................................................................................................................... 16 6. AMENDMENTS ............................................................................................................................... 17 7. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO REFERRED TO AS THE “ADA” 28 CFR PART 35 ....................................................................... 17 8. ASSIGNMENT................................................................................................................................. 17 Docusign Envelope ID: 952DF561-5BBB-474E-998E-3C8FF23191F2 ii 9. ATTORNEYS’ FEES ....................................................................................................................... 17 10. AUDIT .............................................................................................................................................. 17 11. BREACHES OF OTHER STATE CONTRACTS ............................................................................. 18 12. CODE REQUIREMENTS ................................................................................................................ 18 13. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION .......................................................... 18 14. CONFORMANCE ............................................................................................................................ 19 15. CONFLICT OF INTEREST ............................................................................................................. 19 16. COPYRIGHT PROVISIONS ........................................................................................................... 19 17. DISALLOWED COSTS ................................................................................................................... 20 18. DISPUTES ...................................................................................................................................... 20 19. DUPLICATE PAYMENT .................................................................................................................. 20 20. GOVERNING LAW AND VENUE ................................................................................................... 21 21. INDEMNIFICATION ........................................................................................................................ 21 22. INDEPENDENT CAPACITY OF THE GRANTEE ........................................................................... 21 23. INDUSTRIAL INSURANCE COVERAGE ....................................................................................... 21 24. LAWS .............................................................................................................................................. 21 25. LICENSING, ACCREDITATION, AND REGISTRATION................................................................ 22 26. LIMITATION OF AUTHORITY ........................................................................................................ 22 27. LOCAL PUBLIC TRANSPORTATION COORDINATION ............................................................... 22 28. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS ............................................................ 22 29. PAY EQUITY ................................................................................................................................... 22 30. POLITICAL ACTIVITIES ................................................................................................................. 23 31. PREVAILING WAGE LAW .............................................................................................................. 23 32. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION .......................................... 23 33. PUBLICITY ...................................................................................................................................... 23 34. RECAPTURE .................................................................................................................................. 24 35. RECORDS MAINTENANCE ........................................................................................................... 24 36. REGISTRATION WITH DEPARTMENT OF REVENUE AND SECRETARY OF STATE .............. 24 37. RIGHT OF INSPECTION ................................................................................................................ 24 38. SAVINGS ........................................................................................................................................ 24 39. SEVERABILITY ............................................................................................................................... 25 40. SITE SECURITY ............................................................................................................................. 25 41. SUBGRANTING/SUBCONTRACTING ........................................................................................... 25 42. SURVIVAL ....................................................................................................................................... 25 43. TAXES ............................................................................................................................................. 25 44. TERMINATION FOR CAUSE ......................................................................................................... 26 45. TERMINATION FOR CONVENIENCE ........................................................................................... 26 46. TERMINATION PROCEDURES ..................................................................................................... 26 47. TREATMENT OF ASSETS ............................................................................................................. 27 48. WAIVER .......................................................................................................................................... 27 ATTACHMENT A - SCOPE OF WORK ...................................................................................................... 28 Docusign Envelope ID: 952DF561-5BBB-474E-998E-3C8FF23191F2 iii ATTACHMENT B - PROJECT BUDGET .................................................................................................... 29 ATTACHMENT C - CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT.................................................................................................................................................... 30 ATTACHMENT D - CERTIFICATION OF THE PAYMENT AND REPORTING OF PREVAILING WAGES .................................................................................................................................................................... 31 ATTACHMENT E - CERTIFICATION OF INTENT TO ENTER THE LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN (LEED) CERTIFICATION PROCESS .......................................................... 32 Docusign Envelope ID: 952DF561-5BBB-474E-998E-3C8FF23191F2 4 FACE SHEET Grant Agreement Number: 24-96647-199 Project Name: Pasco Boulevard Soccer Field (Pasco) Project Washington State Department of Commerce Local Government Division Local Community Projects 1. GRANTEE 2. GRANTEE Doing Business As (optional) City of Pasco 520 N 3rd Ave Pasco, WA 99301 N/A 3. GRANTEE Representative 4. COMMERCE Representative Brent Kubalek Recreation Services Manager (509) 543-5790 kubalekb@pasco-wa.gov Katrina Perez Program Manager (360) 688-6127 Katrina.Perez@commerce.wa.gov P.O. Box 42525 1011 Plum Street SE Olympia, WA 98504-2525 5. Grant Amount 6. Funding Source 7. Start Date 8. End Date $727,500.00 Federal: State: Other: N/A: Upon Final Signature June 30, 2025, if funds are not reappropriated; June 30, 2027, contingent on reappropriation. 9. Federal Funds (as applicable) N/A Federal Agency N/A CFDA Number N/A 10. Tax ID # 11. SWV # 12. UBI # 13. UEI # 91-6001264 SWV0007164-03 113-000-052 91-6001264 14. Grant Purpose The purpose of this performance-based Grant Agreement is to provide funding for construction to the Pasco Boulevard Soccer Field (Pasco) project as described in Attachment A – Scope of Work. COMMERCE, defined as the Washington State Department of Commerce, and the GRANTEE, as defined above, acknowledge and accept the terms of this Grant Agreement and attachments and have executed this Grant Agreement on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Grant Agreement are governed by this Grant Agreement and the following other documents incorporated by reference: Grant Agreement Terms and Conditions including Attachment A – Scope of Work, Attachment B – Budget, Attachment C – Certification of Availability of Funds to Complete the Project, Attachment D – Certification of the Payment and Reporting of Prevailing Wages, and Attachment E – Certification of Intent to Enter LEED Process, application as submitted for grant funding, applicable Local Community Projects Program Notice of Funding Availability, and applicable Local Community Projects Program Guidelines (as they may be revised from time to time). FOR GRANTEE FOR COMMERCE Adam Lincoln, City Manager Date Mark K. Barkley, Assistant Director Local Government Division Date TEMPLATE APPROVED AS TO FORM Lisa Koperski, Assistant Attorney General, on 7/22/2024 Docusign Envelope ID: 952DF561-5BBB-474E-998E-3C8FF23191F2 1/7/2025 | 9:45 AM PST 1/14/2025 | 7:57 AM PST 5 SPECIAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS THIS GRANT AGREEMENT, entered into by and between the Grantee, a unit of Local Government and WASHINGTON STATE DEPARTMENT OF COMMERCE, as defined on the Face Sheet of this Grant Agreement, WITNESSES THAT: WHEREAS, COMMERCE has the statutory authority under RCW 43.330.050(5) to cooperate with and provide assistance to local governments, businesses, and community-based organizations; and WHEREAS, COMMERCE is also given the responsibility to administer state funds and programs which are assigned to COMMERCE by the Governor or the Washington State Legislature; and WHEREAS, the Washington State Legislature has, in Laws of 2023, Chapter 474, Section 1025, made an appropriation to support the 2024 Local and Community Projects Program, which was amended in Laws of 2024, Chapter 375, Section 1011, and directed COMMERCE to administer those funds; and WHEREAS, the Project is one component of a larger multiphase project, which will result in additional turf fields, more lighting, and possibly stadium seating. WHEREAS, the enabling legislation also stipulates that the GRANTEE is eligible to receive funding for design, acquisition, construction and equipment, or rehabilitation activities of the Project. GRANTEE and COMMERCE are individually a “party” and, collectively, the “parties.” NOW, THEREFORE, in consideration of covenants, conditions, performances, and promises hereinafter contained, the parties agree as follows: 1. GRANT MANAGEMENT The Representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Grant Agreement. 2. COMPENSATION COMMERCE shall pay an amount not to exceed $727,500.00 for the capital costs necessary for or incidental to the performance of work as set forth in Attachment A (Scope of Work). 3. CERTIFICATION OF FUNDS PERFORMANCE MEASURES A. The release of state funds under this Grant Agreement is contingent upon the GRANTEE certifying that it has expended or has access to funds from non-state sources as set forth in ATTACHMENT C (CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT). Such non-state sources may consist of a combination of any of the following: i. Eligible Project expenditures prior to the execution of this Grant Agreement. ii. Cash dedicated to the Project. iii. Funds available through a letter of credit or other binding loan commitment(s). iv. Pledges from foundations or corporations. v. Pledges from individual donors. Docusign Envelope ID: 952DF561-5BBB-474E-998E-3C8FF23191F2 6 vi. The value of real property when acquired solely for the purposes of this Project, as established and evidenced by a current market value appraisal performed by a licensed, professional real estate appraiser, or a current property tax statement. COMMERCE will not consider appraisals for prospective values of such property for the purposes of calculating the amount of non-state matching fund credit. vii. In-kind contributions, subject to COMMERCE’S approval. B. The GRANTEE shall maintain records sufficient to evidence that it has access to or has expended funds from such non-state sources and shall make such records available for COMMERCE’s review upon reasonable request. 4. STATE PUBLIC WORKS For work done at the cost of the State, GRANTEE must comply with public works statutes RCW 39.04 and RCW 39.10, apprenticeship requirements, and the State and local building codes, as applicable. If GRANTEE has questions about compliance, GRANTEE will need to visit the Washington State Department of Labor & Industries Public Works Projects website for more information. 5. SITE CONTROL GRANTEES who receive grants for construction, purchase or renovation of facilities must provide written evidence of and maintain site control, either through outright ownership of the subject property or a long-term lease, for a minimum of 10 years after the later of: (1) final grant payment; or (2) the date when the facility is made usable to the public for the purpose intended by the Washington State Legislature, including GRANTEE having secured all required licenses, certifications, and/or permits. GRANTEES must provide written evidence of continuing site control as may be requested by COMMERCE. 6. DOCUMENTATION AND SECURITY The provisions of this Section shall apply to capital projects performed by nonprofit organizations and public benefit corporations that involve the expenditure of over $250,000 in State funds. The provisions may also apply to Tribes, depending on the location of the Project. Additionally, COMMERCE reserves the right to review all state-funded projects and to require that projects performed by other entity types comply with this Section. Projects for which the grant award or legislative intent documents specify that the state funding is to be used for pre-design or design only are exempt from this Section. A. Deed of Trust. This Grant Agreement shall be evidenced by a promissory note and secured by a deed of trust or other appropriate security instrument in favor of COMMERCE (the Deed of Trust). The Deed of Trust shall be recorded in the County where the Project is located, and the original returned to COMMERCE after recordation within 90 calendar days of Grant Agreement execution. The Deed of Trust must be recorded before COMMERCE will reimburse the GRANTEE for any Project costs. The amount secured by the Deed of Trust shall be the amount of the Grant Agreement as set forth on the Face Sheet. B. Term of Deed of Trust; Commitment Period. The Deed of Trust shall remain in full force and effect for a minimum period of ten (10) years following the later of: (1) final payment of state funds to the GRANTEE under this Grant Agreement; or (2) the date when: i. the facility improved or acquired with grant funds; or ii. a distinct phase of the Project Docusign Envelope ID: 952DF561-5BBB-474E-998E-3C8FF23191F2 7 is made useable to the public for the purpose intended by the Washington State Legislature (the Commitment Period). Upon satisfaction of the Commitment Period term requirement and all other Grant Agreement terms and conditions, COMMERCE shall, upon written request of the GRANTEE, take appropriate action to reconvey the Deed of Trust. C. Title Insurance. The GRANTEE shall purchase an extended coverage lender’s policy of title insurance insuring the lien position of the Deed of Trust in an amount not less than the amount of the grant. D. Covenant. If the Project will be partially funded by a loan and the term of said loan is less than the Commitment Period as defined in Special Terms and Conditions Section 6(B), COMMERCE may require that GRANTEE record or cause to be recorded a covenant in a superior lien position ahead of the lender’s security instrument that restricts use of the facility or property for the purpose(s) stated elsewhere in this Grant Agreement for at least the term of the Commitment Period as defined in Special Terms and Conditions Section 6(B). E. Subordination. COMMERCE may agree to subordinate its Deed of Trust upon request from a private or public lender. Any such request shall be submitted to COMMERCE in writing, and COMMERCE shall respond to the request in writing within 30 calendar days of receiving the request. F. Deed of Trust on Leased Property. COMMERCE may require, at its sole discretion, a Deed of Trust on the fee interest of the real property where the Project is located, if the Project is on leased property 7. BASIS FOR ESTABLISHING REAL PROPERTY VALUES FOR ACQUISITIONS OF REAL PROPERTY PERFORMANCE MEASURES When all or part of the grant is used to fund the acquisition of real property, before funds are disbursed, the GRANTEE shall procure and provide to COMMERCE evidence establishing the value of the real property eligible for reimbursement under this Grant Agreement as follows: A. GRANTEE purchases of real property from an independent third-party seller shall be evidenced by a current appraisal prepared by a licensed Washington State commercial real estate appraiser or a current property tax statement. B. GRANTEE purchases of real property from a subsidiary organization, such as an affiliated LLC, shall be evidenced by a current appraisal prepared by a licensed Washington State commercial real estate appraiser or the prior purchase price of the property plus holding costs, whichever is less. 8. EXPENDITURES ELIGIBLE FOR REIMBURSEMENT Payments to the GRANTEE shall be made on a reimbursement basis only. The GRANTEE may be reimbursed, at the rate set forth elsewhere in this Grant Agreement, for work associated with the Project expenditures Unless authorized by the Washington State Legislature, only those Project costs incurred after the date of execution, may be reimbursed. Reimbursable cost are determined by the Scope of Work, Attachment A. Generally costs within the following cost categories are considered capital expenditures: A. Real property, and costs directly associated with such purchase, when purchased or acquired solely for the purposes of the Project; B. Design, engineering, architectural, and planning; C. Construction management and observation (from external sources only); D. Construction costs including, but not limited to, the following: i. Site preparation and improvements; ii. Permits and fees; Docusign Envelope ID: 952DF561-5BBB-474E-998E-3C8FF23191F2 8 iii. Labor and materials; iv. Taxes on Project goods and services; v. Capitalized equipment; vi. Information technology infrastructure; and vii. Landscaping. E. Other costs authorized through the legislation. 9. BILLING PROCEDURES AND PAYMENT COMMERCE shall reimburse the GRANTEE for up to 100% of each invoice for eligible Project expenditures, up to the maximum payable under this Grant Agreement. When requesting reimbursement for expenditures made, the GRANTEE shall submit to COMMERCE a signed and completed Invoice Voucher (Form A-19), that documents capitalized Project activity performed – by budget line item – for the billing period. The GRANTEE must submit all Invoice Vouchers and any required documentation electronically. Submissions shall be in accordance with directions provided by COMMERCE. Funds are reimbursement based and cannot be advanced under any circumstance. Disbursements of funds for invoices due and payable within 30 days are not considered advanced payments. The GRANTEE shall evidence the costs claimed on each voucher by including copies of each invoice received from subgrantees/subcontractors providing Project goods or services covered by the Grant Agreement. The GRANTEE shall also provide COMMERCE with a copy of the cancelled check or electronic funds transfer, as applicable, that confirms that they have paid each expenditure being claimed at the time the voucher is submitted or within 30 calendar days of Commerce’s disbursement of payment. The cancelled checks or electronic funds transfers may be submitted to COMMERCE at the time the voucher is initially submitted or within 30 calendar days thereafter. The voucher must be certified (i.e., signed) by an official of the GRANTEE with authority to bind the GRANTEE. The voucher shall be submitted to COMMERCE within 60 calendar days following the completion of work or other termination of this Grant Agreement, or within 15 calendar days following the end of the State biennium unless Grant Agreement funds are re-appropriated by the Washington State Legislature in accordance with Special Terms and Conditions Section 18 (Reappropriation). If GRANTEE has or will be submitting any of the invoices attached to a request for payment for partial reimbursement under another contract or grant agreement, GRANTEE must clearly identify such contracts or grant agreements in the transmittal letter and request for payment. Each request for payment must be accompanied by a Project Status Report, which describes, in narrative form, the progress made on the Project since the last invoice was submitted as well as a report of Project status to date. COMMERCE will not release payment for any reimbursement request received unless and until the Project Status Report is received. After approving the Invoice Voucher and Project Status Report, COMMERCE shall promptly remit a warrant to the GRANTEE. In the event that the award amount in Special Terms and Conditions Section 2 (Compensation) is expended before construction completion of the Project, as identified in Attachment A (Scope of Work), the GRANTEE agrees to continue providing complete Project Status Report updates to their COMMERCE Representative annually or upon request. COMMERCE will pay GRANTEE upon receipt and approval of properly completed invoices and supporting documentation, which shall be submitted to the Representative for COMMERCE not more often than monthly. After approving the Invoice Voucher and Project Status Report, COMMERCE shall promptly remit a warrant to the GRANTEE. Payment shall be considered timely if made by COMMERCE within 30 calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the GRANTEE. Docusign Envelope ID: 952DF561-5BBB-474E-998E-3C8FF23191F2 9 Notwithstanding the foregoing, COMMERCE may, in its sole discretion, holdback up to the final 10% of grant funds until the Project is complete and the facility has been issued a Certificate of Occupancy from the appropriate local permitting entity, or for projects without occupiable space, when comparable evidence of Project completion is submitted by GRANTEE. The Certificate of Occupancy /evidence of completion should be submitted with GRANTEE’s final request for reimbursement. 10. CLOSEOUT CERTIFICATION The GRANTEE shall complete and submit a Closeout Certification Form when: A. All activities identified in the Scope of Work shown on Attachment A are complete and the Project is useable to the public for the purpose intended by the Washington State Legislature, or B. When final payment is made and GRANTEE has certified that the Project will be completed and the public benefit described will be maintained for the term of the Commitment Period as defined in Special Terms and Conditions Section 6(B). Notwithstanding anything in A. or B. above, the right of COMMERCE to recapture funds or seek other remedies for failure to make the Project usable to the public shall survive the closeout or termination of this Grant Agreement. COMMERCE reserves the right to request additional information related to the Project. 11. INSURANCE A. Insurance Requirements for Reimbursable Activities The GRANTEE must have insurance coverage that is substantially similar to the coverage described in Section 11B below for all periods in which GRANTEE performed work for which it will seek reimbursement. The intent of the required insurance is to protect the State of Washington should there be any Claims, suits, actions, costs, damages or expenses arising from any loss or negligent or intentional act or omission of the GRANTEE or subgrantee/subcontractor, or agents of either, while performing under the terms of this Grant Agreement. B. Additional Insurance Requirements During the Term of the Grant Agreement i. The GRANTEE shall provide proof to COMMERCE of insurance coverage that shall be maintained in full force and effect, as indicated below, and shall submit renewal certificates not less than 30 calendar days prior to expiration of each policy required under this Section: a. Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance Policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect against legal liability arising out of or related to this Grant Agreement but in no less than $1,000,000 per occurrence. Additionally, the GRANTEE is responsible for ensuring that any subgrantee/subcontractor provide adequate insurance coverage for the activities arising out of or related to subgrants/subcontracts (if any). Commercial General Liability Insurance coverage shall be maintained in full force and effect during the term of this Grant Agreement and throughout the Commitment Period as defined in Special Terms and Conditions Section 6(B). This insurance must be maintained throughout the term of the Grant Agreement and the Commitment Period as defined in Special Terms and Conditions Section 6(B). b. Property Insurance. The GRANTEE shall keep the property insured in an amount sufficient to permit such insurance to be written at all times on a replacement cost basis. Such insurance shall cover the following hazards, as applicable: 1. Loss or damage by fire and such other risks; 2. Loss or damage from leakage or sprinkler systems now or hereafter installed in any building on the premises; Docusign Envelope ID: 952DF561-5BBB-474E-998E-3C8FF23191F2 10 3. Loss or damage by explosion of steam boilers, pressure vessels, oil or gasoline storage tanks, or similar apparatus now or hereafter installed in a building or building on the premises. This property insurance coverage must be maintained in full force and effect throughout the term of this Grant Agreement and the Commitment Period as defined in Special Terms and Conditions Section 6(B). c. Professional Liability, Errors, and Omissions Insurance. If GRANTEE will be providing any professional services to be reimbursed under this Grant Agreement, the GRANTEE shall maintain Professional Liability or Errors and Omissions Insurance with minimum limits of no less than $1,000,000 per occurrence to cover all activities by the GRANTEE and licensed staff employed or under contract to the GRANTEE. The State of Washington, the Department of Commerce, its agents, officers, and employees need not be named as additional insureds under this policy. This insurance must be maintained throughout the Commitment Period as defined in Special Terms and Conditions Section 6(B). GRANTEE shall require that any subgrantees/subcontractors providing professional services that are reimbursable under this Grant Agreement maintain Professional Liability or Errors and Omissions Insurance at the coverage levels set forth in this subsection. d. Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf of the GRANTEE for the purpose of receiving or depositing funds into program accounts or issuing financial documents, checks, or other instruments of payment for program costs shall be insured to provide protection against loss where: 1. The amount of fidelity coverage secured pursuant to this Grant Agreement shall be $2,000,000 or the highest of planned reimbursement for the Grant Agreement period, whichever is lower. Fidelity insurance secured pursuant to this paragraph shall name the State of Washington, the Department of Commerce, its agents, officers, and employees as beneficiary. 2. Subgrantees/subcontractors that receive $10,000 or more per year in funding through this Grant Agreement shall secure fidelity insurance as noted above. Fidelity insurance secured by subgrantees/subcontractors pursuant to this paragraph shall name the GRANTEE and the GRANTEE’s fiscal agent (if any) as beneficiary. 3. Fidelity Insurance coverage shall be maintained in full force and effect from the start date of this Grant Agreement until GRANTEE has submitted a Closeout Certification Form, subject to the following: Fidelity Insurance must be issued on either (a) a “loss sustained” basis; or (b) if issued on a “loss-discovered” basis, provide coverage for at least 6 months following the date of COMMERCE’s receipt of the Closeout Certification Form. ii. The insurance required shall be issued by an insurance company authorized to do business within the State of Washington. Except as otherwise set forth in this Section, each insurance policy shall name “the State of Washington the Department of Commerce, its agents, officers, and employees” as additional insureds on all policies. All policies shall be primary to any other valid and collectable insurance. The GRANTEE shall instruct the insurers to give COMMERCE 30 calendar days’ advance notice of any insurance cancellation or modification. iii. The GRANTEE shall submit to COMMERCE within 15 calendar days of the Grant Agreement start date, a certificate of insurance which outlines the coverage and limits defined in this insurance section including, without limitation, the type of insurance coverage under the policy, the designated beneficiary, who is covered, the amounts, the period of coverage, and that COMMERCE will be provided 30 days’ advance written notice of cancellation. During the term of the Grant Agreement, the GRANTEE shall submit renewal certificates not less than 30 calendar days prior to expiration of each policy required under this Section. Additionally, GRANTEE shall Docusign Envelope ID: 952DF561-5BBB-474E-998E-3C8FF23191F2 11 provide copies of insurance instruments or certifications at COMMERCE’s request and until six month after COMMERCE has received a Closeout Certification Form from GRANTEE. Copies of such insurance instruments and certifications will be provided within 15 calendar days of COMMERCE’s request unless otherwise agreed to by the parties. iv. GRANTEES and Local Governments that Participate in a Self-Insurance Program. Self-Insured/Liability Pool or Self-Insured Risk Management Program – With prior approval from COMMERCE, the GRANTEE may provide the coverage above under a self-insured/liability pool or self-insured risk management program. In order to obtain permission from COMMERCE, the GRANTEE shall provide: (1) a description of its self-insurance program, and (2) a certificate and/or letter of coverage that outlines coverage limits and deductibles. All self-insured risk management programs or self-insured/liability pool financial reports must comply with Generally Accepted Accounting Principles (GAAP) and adhere to accounting standards promulgated by: 1) Governmental Accounting Standards Board (GASB), 2) Financial Accounting Standards Board (FASB), and 3) the Washington State Auditor’s annual instructions for financial reporting. GRANTEE’s participating in joint risk pools shall maintain sufficient documentation to support the aggregate Claim liability information reported on the balance sheet. The State of Washington, the Department of Commerce, its agents, and employees need not be named as additional insured under a self-insured property/liability pool, if the pool is prohibited from naming third parties as additional insured. GRANTEE shall provide annually to COMMERCE a summary of coverages and a letter of self- insurance, evidencing continued coverage under GRANTEE’s self-insured/liability pool or self- insured risk management program. Such annual summary of coverage and letter of self- insurance will be provided on the anniversary of the start date of this Grant Agreement. 12. ORDER OF PRECEDENCE In the event of an inconsistency in this Grant Agreement, the inconsistency shall be resolved by giving precedence in the following order: 1) Applicable federal and State of Washington statutes and regulations 2) Special Terms and Conditions 3) General Terms and Conditions 4) Attachment A – Scope of Work 5) Attachment B – Project Budget 6) Attachment C – Certification of the Availability of Funds to Complete the Project 7) Attachment D – Certification of the Payment and Reporting of Prevailing Wages 8) Attachment E – Certification of Intent to Enter the Leadership in Energy and Environmental Design (LEED) Certification Process 9) Application as submitted by the GRANTEE for funding 10) Notice of Funding Availability 11) Program Guidelines, as revised. GRANTEE acknowledges that the Program Guidelines may be revised by COMMERCE from time to time and agrees that the most recent version of the Guidelines shall be applicable. COMMERCE will post notice on its website https://www.commerce.wa.gov/building-infrastructure/capital-facilities/ drawing attention to the sections of the Guidelines that have been revised. 13. REDUCTION IN FUNDS In the event that funds appropriated for the Project contemplated under this Grant Agreement are withdrawn, reduced, or limited in any way by the Governor or the Washington State Legislature, or other funding source, during the Grant Agreement period, the parties understand and agree that COMMERCE may suspend, amend, or terminate the Grant Agreement to abide by the revised Docusign Envelope ID: 952DF561-5BBB-474E-998E-3C8FF23191F2 12 funding limitations. The parties understand and agree that GRANTEE shall be bound by any such revised funding limitations as implemented at the discretion of COMMERCE and shall meet and renegotiate the Grant Agreement accordingly. 14. REAPPROPRIATION A. The parties hereto understand and agree that any State funds not expended by the End Date listed on the Face Sheet will lapse on that date unless specifically reappropriated by the Washington State Legislature. If funds are so reappropriated, the State's obligation under the terms of this Grant Agreement shall be contingent upon the terms of such reappropriation. B. In the event any funds awarded under this Grant Agreement are reappropriated for use in a future biennium, COMMERCE reserves the right to assign a reasonable share of any such reappropriation for administrative costs. 15. OWNERSHIP OF PROJECT/CAPITAL FACILITIES COMMERCE makes no claim to any real property improved or constructed with funds awarded under this Grant Agreement and does not assert and will not acquire any ownership interest in or title to the capital facilities and/or equipment constructed or purchased with state funds under this Grant Agreement; provided, however, that COMMERCE may be granted a security interest in real property to secure funds awarded under this Grant Agreement. This provision does not extend to Claims that COMMERCE may bring against the GRANTEE in recapturing funds expended in violation of this Grant Agreement. 16. CHANGE OF OWNERSHIP OR USE FOR GRANTEE-OWNED PROPERTY A. The GRANTEE understands and agrees that any and all real property or facilities owned by the GRANTEE that are acquired, constructed, or otherwise improved using state funds under this Grant Agreement shall be held and used by the GRANTEE for the purpose or purposes stated elsewhere in this Grant Agreement for the Commitment Period as defined in Special Terms and Conditions Section 6(B). B. This provision shall not be construed to prohibit the GRANTEE from selling any property or properties described in this Section; provided, however, that any such sale shall be subject to prior review and approval by COMMERCE and that all proceeds from such sale shall be applied to the purchase price of a different facility or facilities of equal or greater value than the original facility and that any such new facility or facilities will be used for the purpose or purposes stated elsewhere in this Grant Agreement. C. In the event the GRANTEE is found to be out of compliance with this Section, the GRANTEE shall repay to the state general fund pursuant to General Terms and Conditions Section 34, the principal amount of the funds disbursed under the Grant Agreement, along with interest at the rate of the higher of: (i) five percent (5%) per annum, or (ii) the rate of interest of state of Washington general obligation bonds issued on the date most close in time to the effective date in which legislation authorized funding for the subject facility. Repayment shall be made pursuant to General Terms and Conditions Section 27 (Recapture). This repayment is in addition to any other remedies available at law or in equity. 17. CHANGE OF USE FOR LEASED PROPERTY PERFORMANCE MEASURE A. The GRANTEE understands and agrees that any and all real property or facilities leased by the GRANTEE that are constructed, renovated, or otherwise improved using state funds under this Grant Agreement shall be used by the GRANTEE for the purpose or purposes stated elsewhere in this Grant Agreement for a period of the Commitment Period as defined in Special Terms and Conditions Section 6(B). B. In the event the GRANTEE is found to be out of compliance with this Section, the GRANTEE shall repay to the state general fund pursuant to General Terms and Conditions Section 34, the principal amount of the funds disbursed under the Grant Agreement, along with interest at the Docusign Envelope ID: 952DF561-5BBB-474E-998E-3C8FF23191F2 13 rate of the higher of: (i) five percent (5%) per annum, or (ii) the rate of interest of state of Washington general obligation bonds issued on the date most close in time to the effective date in which legislation authorized funding for the subject facility Repayment shall be made pursuant to General Terms and Conditions Section 27 (Recapture). This repayment is in addition to any other remedies available at law or in equity. 18. MODIFICATION TO THE PROJECT BUDGET A. Notwithstanding any other provision of this Grant Agreement, the GRANTEE may, at its discretion, make modifications to line items in Attachment B (Project Budget) that will not increase the line item by more than 15%. B. The GRANTEE shall notify COMMERCE in writing (by email or regular mail) when proposing any budget modification or modifications to a line item in Attachment B (Project Budget) that would increase the line item by more than 15%. Conversely, COMMERCE may initiate the budget modification approval process if presented with a request for payment under this Grant Agreement that would cause one or more budget line items to exceed the 15% threshold increase described above. C. Any such budget modification or modifications as described above shall require the written approval of COMMERCE (by email or regular mail), and such written approval shall amend the Project Budget. Each party to this Grant Agreement will retain and make any and all documents related to such budget modifications a part of their respective Grant Agreement file. D. Nothing in this Section shall be construed to permit an increase in the amount of funds available for the Project, as set forth in Special Terms and Conditions Section 2 (Compensation) of this Grant Agreement. 19. SIGNAGE, MARKERS AND PUBLICATIONS A. Taxpayers of Washington State as participant in funding Project If, during the period covered by this Grant Agreement, the GRANTEE displays or circulates any communication, publication, or donor recognition identifying the financial participants in the Project, any such communication or publication must identify “The Taxpayers of Washington State” as a participant. B. Ensure coordinated Climate Commitment Act branding. If Climate Commitment Act funding is involved in this Grant Agreement, then the following provisions apply to GRANTEE and its subgrantees/subcontractors including, without limitation, any and all contractors, subgrantees/subcontractors, service providers, and others who assist GRANTEE in implementing the Project in order to strengthen public awareness of how CCA funding is used and to ensure consistent branding and funding acknowledgments: i. Funding source acknowledgement. - The GRANTEE must display or circulate in any and all communications including, without limitation, on websites and in announcements, press releases, and publications used for media-related activities, publicity, and public outreach that: “The is supported with funding from Washington’s Climate Commitment Act. The CCA supports Washington’s climate action efforts by putting cap-and-invest dollars to work reducing climate pollution, creating jobs, and improving public health. Information about the CCA is available at www.climate.wa.gov.” ii. Include the “Climate Commitment Act” logo at climate.wa.gov/brandtoolkit, consistent with the branding guidelines posted at climate.wa.gov/brandtoolkit for: a. any Project website or webpage that includes logos from other funding partners; and/or b. any Project media or public information materials that include logos from other funding partners; and/or c. On-site signage, to the extent possible. By way of example only, this means that for consumer-related projects or programs, a decal may be placed on front of installed heat pump or a logo printed on a delivery tag. Docusign Envelope ID: 952DF561-5BBB-474E-998E-3C8FF23191F2 14 iii. The GRANTEE is responsible for ensuring that its subgrantees/subcontractors comply with Section 19(B). 20. HISTORICAL AND CULTURAL ARTIFACTS Prior to approval and disbursement of any funds awarded under this Grant Agreement, GRANTEE shall cooperate with COMMERCE to complete the requirements of Governor’s Executive Order 21-02 or GRANTEE shall complete a review under Section 106 of the National Historic Preservation Act, if applicable. GRANTEE agrees that the GRANTEE is legally and financially responsible for compliance with all laws, regulations, and agreements related to the preservation of historical or cultural resources and agrees to hold harmless COMMERCE and the State of Washington in relation to any claim related to such historical or cultural resources discovered, disturbed, or damaged as a result of the Project funded by this Grant Agreement. In addition to the requirements set forth in this Grant Agreement, GRANTEE shall, in accordance with Governor’s Executive Order 21-02 as applicable, coordinate with COMMERCE and the Washington State Department of Archaeology and Historic Preservation (DAHP), including any recommended consultation with any affected tribe(s), during Project design and prior to construction to determine the existence of any tribal cultural resources affected by Project. GRANTEE agrees to avoid, minimize, or mitigate impacts to the cultural resource as a continuing prerequisite to receipt of funds under this Grant Agreement. The GRANTEE agrees that, unless the GRANTEE is proceeding under an approved historical and cultural monitoring plan or other memorandum of agreement, if historical or cultural artifacts are discovered during construction, the GRANTEE shall immediately stop construction and notify the local historical preservation officer and the State's historical preservation officer at DAHP, and the COMMERCE Representative identified on the Face Sheet. If human remains are uncovered, the GRANTEE shall report the presence and location of the remains to the coroner and local enforcement immediately, then contact DAHP and the concerned tribe's cultural staff or committee. The GRANTEE shall require this provision to be contained in all subgrants/subcontracts for work or services related to the Project described in Attachment A (Scope of Work). In addition to the requirements set forth in this Grant Agreement, GRANTEE agrees to comply with RCW 27.44 regarding Indian Graves and Records, RCW 27.53 regarding Archaeological Sites and Resources, RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves, and WAC 25-48 regarding Archaeological Excavation and Removal Permits. Completion of the requirements of Section 106 of the National Historic Preservation Act shall substitute for completion of Governor’s Executive Order 21-02. In the event that the GRANTEE finds it necessary to amend the Project described in Attachment A (Scope of Work), the GRANTEE may be required to re-comply with Governor's Executive Order 21- 02 or Section 106 of the National Historic Preservation Act. 21. TERMINATION FOR FRAUD OR MISREPRESENTATION In the event the GRANTEE commits fraud or makes any misrepresentation in connection with the grant application or during the performance of this Grant Agreement, COMMERCE reserves the right to terminate or amend this Grant Agreement accordingly, including the right to recapture all funds disbursed to the GRANTEE under the Grant Agreement. 22. FRAUD AND OTHER LOSS REPORTING Docusign Envelope ID: 952DF561-5BBB-474E-998E-3C8FF23191F2 15 GRANTEE shall report in writing all known or suspected fraud or other loss of any funds or other property furnished under this Grant Agreement immediately or as soon as practicable to the COMMERCE Representative identified on the Face Sheet. 23. PUBLIC RECORDS ACT Notwithstanding General Terms and Conditions Section 13 (Confidentiality/Safeguarding of Information), COMMERCE is a public agency subject to the Public Records Act, RCW 42.56 (PRA). Under the PRA, all materials relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by COMMERCE or its functional equivalents are considered public records. The PRA requires that public records responsive to a public records request be promptly produced unless the PRA or an “other statute” exempts such records from production. This Grant Agreement is not intended to alter COMMERCE’s obligations under the PRA. The parties agree that if COMMERCE receives a public records request for files that may include confidential information under General Terms and Conditions Section 13 (Confidentiality/Safeguarding of Information), COMMERCE may notify the other party of the request and of the date that the records will be released to the requester unless GRANTEE obtains a court order enjoining disclosure. If the GRANTEE fails to obtain the court order enjoining disclosure, COMMERCE may release the requested information on the date specified. If the GRANTEE obtains a court order from a court of competent jurisdiction enjoining disclosure pursuant to the PRA, COMMERCE shall maintain the confidentiality of the information per the court order. 24. APPLICABILITY OF COPYRIGHT PROVISIONS TO ARCHITECTURAL/ENGINEERING DESIGN WORK General Terms and Conditions Section 16 (Copyright Provisions) are not intended to apply to any architectural and engineering design work funded by this Grant Agreement. 25. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. General Terms and Conditions Section 47 (Treatment of Assets) is superseded by this provision. Docusign Envelope ID: 952DF561-5BBB-474E-998E-3C8FF23191F2 16 GENERAL TERMS AND CONDITIONS GENERAL GRANT STATE FUNDS 1. DEFINITIONS As used throughout this Grant Agreement, the following terms shall have the meaning set forth below: A. “Authorized Representative” shall mean the Director and/or the designee authorized in writing to act on the Director’s behalf. B. “Claim” shall mean any and all claims, losses, costs, damage, expenses, liabilities, liens, actions, causes of action (whether in tort or contract, law or equity, or otherwise), and attorneys’ fees and costs. C. “COMMERCE” shall mean the Washington State Department of Commerce. D. “Grant Agreement” shall mean the entire written agreement between COMMERCE and the GRANTEE, including any attachments, exhibits, documents, or materials incorporated by reference, and any amendments executed by the parties. E. "GRANTEE" shall mean the entity identified on the Face Sheet performing service(s) under this Grant Agreement and shall include all employees and agents of the GRANTEE. F. “Personal Information” shall mean information identifiable to any person, including, but not limited to, information that relates to a person’s name, health, finances, education, business, use, or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. G. ”State” shall mean the State of Washington. H. "Subgrantee/subcontractor" shall mean one not in the employment of the GRANTEE, who is performing all or part of those services under this Grant Agreement under a separate subcontract or subgrant with the GRANTEE. The term “subgrantee/subcontractor” refers to any tier. 2. ACCESS TO DATA In compliance with RCW 39.26.180, the GRANTEE shall provide access to data generated under this Grant Agreement to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State Auditor at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the GRANTEE’s reports, including computer models and the methodology for those models. 3. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this Grant Agreement shall be made by COMMERCE. 4. ALL WRITINGS CONTAINED HEREIN This Grant Agreement contains all the terms and conditions agreed upon by the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. No other understandings, oral or otherwise, regarding the subject matter of this Grant Agreement shall be deemed to exist or to bind any of the parties hereto. 5. ALLOWABLE COSTS Costs allowable under this Grant Agreement are actual expenditures according to an approved budget up to the maximum amount stated on the Grant Agreement Award or Amendment Face Sheet. Docusign Envelope ID: 952DF561-5BBB-474E-998E-3C8FF23191F2 17 6. AMENDMENTS This Grant Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. No other understandings, oral or otherwise, regarding the subject matter of this Grant Agreement shall be deemed to exist or to bind any of the parties hereto. 7. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO REFERRED TO AS THE “ADA” 28 CFR PART 35 The GRANTEE must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 8. ASSIGNMENT Neither this Grant Agreement nor any Claim arising under this Grant Agreement, shall be transferred or assigned by the GRANTEE without prior written consent of COMMERCE. 9. ATTORNEYS’ FEES Unless expressly permitted under another provision of the Grant Agreement, in the event of litigation or other action brought to enforce Grant Agreement terms, each party agrees to bear its own attorneys’ fees and costs. 10. AUDIT A. General Requirements COMMERCE reserves the right to require an audit. If required, GRANTEEs are to procure audit services and provide documentation of the audit to COMMERCE based on the following guidelines. The GRANTEE shall maintain its records and accounts so as to facilitate audits and shall ensure that subgrantees/subcontractors also maintain auditable records. The GRANTEE is responsible for any audit exceptions incurred by its own organization or that of its subgrantees/subcontractors. COMMERCE reserves the right to recover from the GRANTEE all disallowed costs resulting from the audit. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The GRANTEE must respond to COMMERCE requests for information or corrective action concerning audit issues within 30 calendar days of the date of request. B. State Funds Requirements In the event an audit is required, if the GRANTEE is a state or local government entity, the Office of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be conducted by a qualified certified public accountant. The GRANTEE shall include the above audit requirements in any and all subgrants or subcontracts. Docusign Envelope ID: 952DF561-5BBB-474E-998E-3C8FF23191F2 18 In any case, the GRANTEE’s records must be available for review by COMMERCE at any time during the Commitment Period as defined in Special Terms and Conditions Section 6(B). C. Documentation Requirements The GRANTEE must send a copy of the audit report described above no later than 9 months after the end of the GRANTEE’s fiscal year(s) by sending a scanned copy to comacctoffice@commerce.wa.gov or a hard copy to: Washington State Department of Commerce ATTN: Audit Review and Resolution Office 1011 Plum Street SE PO Box 42525 Olympia. WA 98504-2525 In addition to sending a copy of the audit, when applicable, the GRANTEE must include: i. Corrective action plan for audit findings within three (3) months of the audit being received by COMMERCE; and ii. Copy of the Management Letter. If the GRANTEE is required to obtain a single audit consistent with Circular A-133 requirements, a copy must be provided to COMMERCE; no other report is required. 11. BREACHES OF OTHER STATE CONTRACTS GRANTEE is expected to comply with all other contracts and grant agreements executed between GRANTEE and the State of Washington. A breach of any other contract or grant agreement entered into between GRANTEE and the State of Washington may, in COMMERCE's sole discretion, be deemed a breach of this Grant Agreement. 12. CODE REQUIREMENTS All construction and rehabilitation projects must satisfy the requirements of applicable local, state, and federal building, mechanical, plumbing, fire, energy and barrier-free codes. Compliance with the Americans with Disabilities Act of 1990 28 C.F.R. Part 35 will be required, as specified by the local building Department. 13. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A. “Confidential Information” as used in this Section includes: i. All material provided to the GRANTEE by COMMERCE that is designated as “confidential” by COMMERCE; and ii. All material produced by the GRANTEE that is designated as “confidential” by COMMERCE; and iii. All Personal Information in the possession of the GRANTEE that may not be disclosed under state or federal law. B. The GRANTEE shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The GRANTEE shall use Confidential Information solely for the purposes of this Grant Agreement and shall not use, share, transfer, sell, or disclose any Confidential Information to any third party except with the prior written consent of COMMERCE or as may be required by law. The GRANTEE shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale, or disclosure of Confidential Information or violation of any related state or federal laws. Upon request, the GRANTEE shall provide COMMERCE with its policies and procedures on confidentiality. COMMERCE may require changes to such Docusign Envelope ID: 952DF561-5BBB-474E-998E-3C8FF23191F2 19 policies and procedures as they apply to this Grant Agreement whenever COMMERCE reasonably determines that changes are necessary to prevent unauthorized disclosures. The GRANTEE shall make the changes within the time period specified by COMMERCE. Upon request, the GRANTEE shall immediately return to COMMERCE any Confidential Information that COMMERCE reasonably determines has not been adequately protected by the GRANTEE against unauthorized disclosure. C. Unauthorized Use or Disclosure. The GRANTEE shall notify COMMERCE within 5 working days of GRANTEE’s discovery of any unauthorized use or disclosure of any confidential information and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 14. CONFORMANCE If any provision of this Grant Agreement violates any statute or rule of law of the State of Washington, it is considered modified to conform to that statute or rule of law. 15. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE may, in its sole discretion, by written notice to the GRANTEE terminate this Grant Agreement if it is found after due notice and examination by COMMERCE that there is a violation of the Ethics in Public Service Act, RCW 42.52 and RCW 42.23, or any similar statute involving the GRANTEE in the procurement of, or performance under, this Grant Agreement. Specific restrictions apply to contracting with current or former state employees pursuant to RCW 42.52. The GRANTEE and all subgrantees/subcontractors (if any) must identify any person employed in any capacity by the State of Washington that worked on this Grant Agreement, or any matter related to the Project funded under this Grant Agreement or any other state funded project, including, but not limited to, formulating or drafting legislation, participating in grant procurement, planning and execution, awarding grants, or monitoring grants, during the 24 month period preceding the start date of this Grant Agreement. Any person identified by the GRANTEE and their subgrantees/subcontractors (if any) must be identified individually by name, the agency previously or currently employed by, job title or position held, and separation date. If it is determined by COMMERCE that a conflict of interest exists, the GRANTEE may be disqualified from further consideration for the award of a grant. In the event this Grant Agreement is terminated as provided above, COMMERCE shall be entitled to pursue the same remedies against the GRANTEE as it could pursue in the event of a breach of the Grant Agreement by the GRANTEE. The rights and remedies of COMMERCE provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which COMMERCE makes any determination under this clause shall be an issue and may be reviewed as provided in Section 18 General Terms and Conditions (Disputes) of this Grant Agreement. 16. COPYRIGHT PROVISIONS Unless otherwise provided, all Materials produced under this Grant Agreement shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall be considered the author of such Materials. In the event that the Materials are not considered “works for hire” under the U.S. Copyright laws, the GRANTEE hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to COMMERCE effective from the moment of creation of such Materials. “Materials” means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. “Ownership” includes the right to copyright, patent, and register as well as the ability to transfer these rights. Docusign Envelope ID: 952DF561-5BBB-474E-998E-3C8FF23191F2 20 For Materials that are delivered under the Grant Agreement, but that incorporate pre-existing materials not produced under the Grant Agreement, the GRANTEE grants to COMMERCE a nonexclusive, royalty-free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The GRANTEE warrants and represents that the GRANTEE has all rights and permissions, including intellectual property rights, moral rights, and rights of publicity, necessary to grant such a license to COMMERCE. The GRANTEE shall exert all reasonable effort to advise COMMERCE, at the time of delivery of Materials furnished under this Grant Agreement, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Grant Agreement. The GRANTEE shall provide COMMERCE with prompt written notice of each notice or claim of infringement received by the GRANTEE with respect to any Materials delivered under this Grant Agreement. COMMERCE shall have the right to modify or remove any restrictive markings placed upon the Materials by the GRANTEE. 17. DISALLOWED COSTS The GRANTEE is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subgrantees/subcontractors. 18. DISPUTES Except as otherwise provided in this Grant Agreement, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Director of COMMERCE, who may designate a neutral person to decide the dispute. The request for a dispute hearing must: i. be in writing; ii. state the disputed issues; iii. state the relative positions of the parties; iv. state the GRANTEE's name, address, and Grant Agreement number; and v. be mailed to the Director and the other party’s (respondent’s) Grant Agreement Representative within 3 working days after the parties agree that they cannot resolve the dispute. The respondent shall send a written answer to the requestor’s statement to both the Director or the Director’s designee and the requestor within 5 working days. The Director or designee shall review the written statements and reply in writing to both parties within 10 working days. The Director or designee may extend this period if necessary by notifying the parties. The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this Grant Agreement shall be construed to limit the parties’ choice of a mutually acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above. 19. DUPLICATE PAYMENT COMMERCE shall not pay the GRANTEE, if the GRANTEE has charged or will charge the State of Washington or any other party under any other grant, subgrant/subcontract, contract, or Docusign Envelope ID: 952DF561-5BBB-474E-998E-3C8FF23191F2 21 agreement, for the same services or expenses. The GRANTEE certifies that work to be performed under this Grant Agreement does not duplicate any work to be charged against any other grant, subgrant/subcontract, contract, or agreement. 20. GOVERNING LAW AND VENUE This Grant Agreement shall be construed and interpreted in accordance with the laws of the State of Washington, and the venue of any action brought shall be in the Superior Court for Thurston County. 21. INDEMNIFICATION To the fullest extent permitted by law, the GRANTEE shall indemnify, defend, and hold harmless the State of Washington, COMMERCE, agencies of the State, and all officials, agents, employees, and representatives of the State, from and against all Claims for injuries or death arising out of or resulting from the performance of the Grant Agreement. The GRANTEE’S obligation to indemnify, defend, and hold harmless includes any Claim by any and all of GRANTEE’S agents, employees, representatives, and/or subgrantee(s)/subcontractor(s) (and their agents, employees, and representatives, to the extent that GRANTEE is using any subgrantee/subcontractor for the Project). The GRANTEE’S obligations shall not include such Claims that may be caused by the sole negligence of the State and its agencies, officials, agents, and/or employees. If the Claims or damages are caused by or result from the concurrent negligence of (a) the State, its agents, and/or employees and (b) the GRANTEE, its subgrantees/subcontractors, agents, and/or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the GRANTEE (and/or its subgrantees/subcontractors) and their agents, officers, representatives, and/or employees. The GRANTEE waives its immunity under RCW 51 to the extent it is required to indemnify, defend, and hold harmless the State and its agencies, officers, agents, and/or employees. 22. INDEPENDENT CAPACITY OF THE GRANTEE The parties intend that an independent contractor relationship will be created by this Grant Agreement. The GRANTEE and its employees, officers, representatives, and/or agents performing under this Grant Agreement are not employees or agents of the State of Washington or COMMERCE. The GRANTEE will not hold itself out as or claim to be an officer or employee of COMMERCE or of the State of Washington by reason hereof, nor will the GRANTEE make any claim of right, privilege, or benefit which would accrue to such officer or employee under law. Conduct and control of the work associated with the Project will be solely with the GRANTEE. 23. INDUSTRIAL INSURANCE COVERAGE The GRANTEE shall comply with all applicable provisions of RCW 51 (Industrial Insurance). If the GRANTEE fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, COMMERCE may collect from the GRANTEE the full amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount owed by the GRANTEE to the accident fund from the amount payable to the GRANTEE by COMMERCE under this Grant Agreement and transmit the deducted amount to the Department of Labor and Industries (L&I) Division of Insurance Services. This provision does not waive any of L&I’s rights to collect from the GRANTEE. 24. LAWS The GRANTEE shall comply with all applicable laws, ordinances, codes, regulations, and policies of local and state and federal governments, as now or hereafter amended. Docusign Envelope ID: 952DF561-5BBB-474E-998E-3C8FF23191F2 22 25. LICENSING, ACCREDITATION, AND REGISTRATION The GRANTEE shall comply with all applicable local, state, and federal licensing, accreditation, and registration requirements or standards necessary for the performance of this Grant Agreement. 26. LIMITATION OF AUTHORITY Only the Authorized Representative or Authorized Representative’s delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to enter, alter, amend, modify, or waive any clause or condition of this Grant Agreement. Furthermore, any alteration, amendment, modification, or waiver of any clause or condition of this Grant Agreement is not effective or binding unless made in writing and signed by the Authorized Representative. 27. LOCAL PUBLIC TRANSPORTATION COORDINATION Where applicable, GRANTEE shall participate in local public transportation forums and implement strategies designed to ensure access to services. 28. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS A. During the performance of this Grant Agreement, the GRANTEE, including any subgrantee/subcontractor, shall comply with all federal, state, and local nondiscrimination laws, regulations, and policies including, but not be limited to, not discriminate on the bases enumerated at RCW 49.60.530(3). In addition, GRANTEE, including any subcontractor, shall give written notice of this nondiscrimination requirement to any labor organizations with which GRANTEE, or subgrantee/subcontractor, has a collective bargaining or other agreement. The funds provided under this Grant Agreement shall not be used to fund religious worship, exercise, or instruction. No person shall be required to participate in any religious worship, exercise, or instruction in order to have access to the facilities funded by this Grant Agreement. B. Obligation to Cooperate. GRANTEE, including any subcontractor, shall cooperate and comply with any Washington state agency investigation regarding any allegation that GRANTEE, including any subgrantee/subcontractor, has engaged in discrimination prohibited by this Agreement pursuant to RCW 49.60.530(3). C. Default. Notwithstanding any provision to the contrary, COMMERCE may suspend GRANTEE, including any subgrantee/subcontractor, upon notice of a failure to participate and cooperate with any state agency investigation into alleged discrimination prohibited by this Contract, pursuant to RCW 49.60.530(3). Any such suspension will remain in place until COMMERCE receives notification that GRANTEE, including any subgrantee/subcontractor, is cooperating with the investigating state agency. In the event GRANTEE, or subgrantee/subcontractor, is determined to have engaged in discrimination identified at RCW 49.60.530(3), COMMERCE may terminate this Agreement in whole or in part, and GRANTEE, subgrantee/subcontractor, or both, may be referred for debarment as provided in RCW 39.26.200. GRANTEE or subgrantee/subcontractor may be given a reasonable time in which to cure this noncompliance, including implementing conditions consistent with any court-ordered injunctive relief or settlement agreement. 29. PAY EQUITY The GRANTEE agrees to ensure that “similarly employed” individuals in its workforce are compensated as equals, consistent with the following: A. Employees are “similarly employed” if the individuals work for the same employer, the performance of the job requires comparable skill, effort, and responsibility, and the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed; Docusign Envelope ID: 952DF561-5BBB-474E-998E-3C8FF23191F2 23 B. GRANTEE may allow differentials in compensation for its workers if the differentials are based in good faith and on any of the following: i. A seniority system; a merit system; a system that measures earnings by quantity or quality of production; a bona fide job-related factor or factors; or a bona fide regional difference in compensation levels; and/or ii. A bona fide job-related factor or factors may include, but not be limited to, education, training, or experience that is: Consistent with business necessity; not based on or derived from a gender-based differential; and accounts for the entire differential; and/or iii. A bona fide regional difference in compensation level must be: Consistent with business necessity; not based on or derived from a gender-based differential; and account for the entire differential. This Grant Agreement may be terminated by COMMERCE, if COMMERCE or the Department of Enterprise Services determines that the GRANTEE is not in compliance with this Section. 30. POLITICAL ACTIVITIES Political activity of GRANTEE employees and officers are limited by the Campaign Disclosure and Contribution provisions of RCW 42.17a and the Federal Hatch Act, 5 USC 1501 - 1508. No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public office. 31. PREVAILING WAGE LAW The GRANTEE certifies that all subgrantees/subcontractors performing work on the Project shall comply with State Prevailing Wages on Public Works, RCW 39.12, as applicable to the Project funded by this Grant Agreement, including, but not limited to, the filing of the “Statement of Intent to Pay Prevailing Wages” and “Affidavit of Wages Paid” as required by RCW 39.12.040. The GRANTEE shall maintain records sufficient to evidence compliance with RCW 39.12 and shall make such records available for COMMERCE’s review upon request. The GRANTEE is advised to consult the Industrial Statistician at the Washington Department of Labor and Industries to determine whether prevailing wages must be paid. COMMERCE is not responsible for determining whether prevailing wage applies to this Project or for any prevailing wage payments that may be required by law. 32. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The funds provided under this Grant Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such funds or any other approval or concurrence under this Grant Agreement provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as Project costs. 33. PUBLICITY The GRANTEE agrees not to publish or use any advertising or publicity materials in which the State of Washington or COMMERCE’s name is mentioned, or language used from which the connection with the State of Washington’s or COMMERCE’s name may reasonably be inferred or implied, without the prior written consent of COMMERCE. Docusign Envelope ID: 952DF561-5BBB-474E-998E-3C8FF23191F2 24 34. RECAPTURE In the event that the GRANTEE fails to perform this Grant Agreement in accordance with state or federal laws, and/or the provisions of this Grant Agreement, COMMERCE reserves the right to recapture funds in an amount to compensate COMMERCE for the noncompliance (which may include all funds disbursed under the Grant Agreement, along with interest at the rate of the higher of: (i) five percent (5%) per annum, or (ii) the rate of interest of state of Washington general obligation bonds issued on the date most close in time to the effective date in which legislation authorized funding for the subject facility) in addition to any other remedies available at law or in equity. COMMERCE’s ability to recapture or seek remedies shall survive any receipt of a Closeout Certification Form or termination of this Grant Agreement. Repayment by the GRANTEE of funds under this Section shall occur within the time period specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments due under this Grant Agreement. 35. RECORDS MAINTENANCE The GRANTEE shall maintain books, records, documents, data, and other evidence relating to this Grant Agreement and performance of the services described herein, including, but not limited to, accounting procedures and practices that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Grant Agreement. GRANTEE shall retain such records for a period of 6 years following the date of final payment. At no additional cost, these records, including materials generated under the Grant Agreement, shall be subject at all reasonable times to inspection, review, or audit by COMMERCE, personnel duly authorized by COMMERCE, the Office of the State Auditor, and federal and state officials so authorized by law, regulation, or agreement. If any litigation, Claim, or audit is started before the expiration of the 6 year period, the records shall be retained until all litigation, Claims, or audit findings involving the records have been resolved. 36. REGISTRATION WITH DEPARTMENT OF REVENUE AND SECRETARY OF STATE If required by law, the GRANTEE shall complete registration with the Washington State Department of Revenue and current with all required filings. Nonprofit and for-profit businesses must also be registered with the Washington Secretary of State. 37. RIGHT OF INSPECTION At no additional cost, the GRANTEE shall provide right of access to its facilities to COMMERCE, or any of its officers, or to any other authorized agent or official of the State of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Grant Agreement. At no additional cost, the GRANTEE shall also provide any documents related to this Grant Agreement to COMMERCE upon request to assist COMMERCE in the periodic monitoring of this Grant Agreement. 38. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Grant Agreement and prior to normal completion, COMMERCE may terminate the Grant Agreement under the "Termination for Convenience" clause, without the 10 calendar day notice requirement. In lieu of termination, the Grant Agreement may be amended to reflect the new funding limitations and conditions. Docusign Envelope ID: 952DF561-5BBB-474E-998E-3C8FF23191F2 25 39. SEVERABILITY The provisions of this Grant Agreement are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Grant Agreement. 40. SITE SECURITY While on COMMERCE premises, GRANTEE, its agents, employees, and/or subgrantees/subcontractors shall conform in all respects with physical, fire, and other security policies or regulations. 41. SUBGRANTING/SUBCONTRACTING A. GRANTEE must execute binding agreements with all subgrantees/subcontractors that will perform work under this Grant Agreement. B. GRANTEE must ensure that any and all subgrantees/subcontractors that perform work related to this Project are duly authorized and licensed in Washington State to perform the work contemplated by this Grant Agreement. C. Neither the GRANTEE nor any subgrantee/subcontractor shall enter into subgrants/subcontracts for any of the work associated with the Project contemplated under this Grant Agreement without obtaining prior written approval of COMMERCE. In no event shall the existence of the subgrant/subcontract operate to release or reduce the liability of the GRANTEE to COMMERCE for any breach in the performance of the GRANTEE’s duties. This clause does not include grants of employment between the GRANTEE and personnel assigned to perform work associated with the Project under this Grant Agreement. D. Additionally, the GRANTEE is responsible for ensuring that all terms, conditions, assurances, and certifications set forth in this Grant Agreement are carried forward to any subgrants/subcontracts. Every subgrant/subcontract shall include a term that COMMERCE and the State of Washington are not liable for Claims or damages arising from a subgrantee’s/subcontractor’s performance of the subgrant/subcontract. GRANTEE and its subgrantees/subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of COMMERCE or as provided by law. E. Data Collection - GRANTEE will submit reports, in a form and format to be provided by COMMERCE and at intervals as agreed by the parties, regarding work under this Grant Agreement performed by subgrantees/subcontractors and the portion of grant funds expended for work performed by subgrantees/subcontractors, including, but not necessarily limited to, minority-owned, woman-owned, and veteran-owned business subcontractors. “Subgrantees/subcontractors” shall mean subgrantees/subcontractors of any tier. 42. SURVIVAL The terms, conditions, and warranties contained in this Grant Agreement that by their sense and context are intended to survive the completion of the performance, cancellation, or termination of this Grant Agreement shall so survive including, without limitation, any Recapture provision in this Grant Agreement. 43. TAXES All payments accrued on account of payroll taxes, unemployment contributions, the GRANTEE’s income or gross receipts, and/or any other taxes, insurance, or expenses for the GRANTEE or its staff shall be the sole responsibility of the GRANTEE. Docusign Envelope ID: 952DF561-5BBB-474E-998E-3C8FF23191F2 26 44. TERMINATION FOR CAUSE In the event COMMERCE determines the GRANTEE has failed to comply with the conditions of this Grant Agreement in a timely manner, COMMERCE has the right to suspend or terminate this Grant Agreement. Before suspending or terminating the Grant Agreement, COMMERCE shall notify the GRANTEE in writing of the need to take corrective action. If corrective action is not taken within 30 calendar days, the Grant Agreement may be terminated or suspended. In the event of termination or suspension, the GRANTEE shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original Grant Agreement and the replacement or cover Grant Agreement and all administrative costs directly related to the replacement Grant Agreement (e.g., cost of the competitive bidding, mailing, advertising and staff time). COMMERCE reserves the right to suspend all or part of the Grant Agreement, withhold further payments, or prohibit the GRANTEE from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the GRANTEE or a decision by COMMERCE to terminate the Grant Agreement. A termination shall be deemed a “Termination for Convenience” under General Terms and Conditions Section 45 (Termination for Convenience) if it is determined that the GRANTEE: (1) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of COMMERCE provided in this Grant Agreement are not exclusive and are in addition to any other rights and remedies provided by law. 45. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Grant Agreement, COMMERCE may, by 10 business days written notice, beginning on the second day after the mailing, terminate this Grant Agreement, in whole or in part. If this Grant Agreement is so terminated, COMMERCE shall be liable only for payment required under the terms of this Grant Agreement for services rendered or goods delivered prior to the effective date of termination. 46. TERMINATION PROCEDURES Upon termination of this Grant Agreement, COMMERCE, in addition to any other rights provided in this Grant Agreement, may require the GRANTEE to deliver to COMMERCE any property specifically produced or acquired for the performance of such part of this Grant Agreement as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer. COMMERCE shall pay to the GRANTEE the agreed upon price, if separately stated, for completed work and services accepted by COMMERCE, and the amount agreed upon by the GRANTEE and COMMERCE for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services that are accepted by COMMERCE, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Authorized Representative shall determine the extent of the liability of COMMERCE. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this Grant Agreement. COMMERCE may withhold from any amounts due the GRANTEE such sum as the Authorized Representative determines to be necessary to protect COMMERCE against potential loss or liability. The rights and remedies of COMMERCE provided in this Section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Grant Agreement. After receipt of a notice of termination, and except as otherwise directed by the Authorized Representative, the GRANTEE shall: Docusign Envelope ID: 952DF561-5BBB-474E-998E-3C8FF23191F2 27 1) Stop work under the Grant Agreement on the date, and to the extent specified, in the notice; 2) Place no further orders or subgrants/subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the Grant Agreement that is not terminated; 3) Assign to COMMERCE, in the manner, at the times, and to the extent directed by the Authorized Representative, all of the rights, title, and interest of the GRANTEE under the orders and subgrants/subcontracts so terminated, in which case COMMERCE has the right, at its discretion, to settle or pay any or all Claims arising out of the termination of such orders and subgrants/subcontracts; 4) Settle all outstanding liabilities and all Claims arising out of such termination of orders and subgrants/subcontracts, with the approval or ratification of the Authorized Representative to the extent the Authorized Representative may require, which approval or ratification shall be final for all the purposes of this clause; 5) Transfer title to COMMERCE and deliver in the manner, at the times, and to the extent directed by the Authorized Representative any property which, if the Grant Agreement had been completed, would have been required to be furnished to COMMERCE; 6) Complete performance of such part of the work associated with the Project as shall not have been terminated by the Authorized Representative; and 7) Take such action as may be necessary, or as the Authorized Representative may direct, for the protection and preservation of the property related to this Grant Agreement, which is in the possession of the GRANTEE and in which COMMERCE has or may acquire an interest. 47. TREATMENT OF ASSETS Title to all property furnished by COMMERCE shall remain in COMMERCE. Title to all property furnished by the GRANTEE, for the cost of which the GRANTEE is entitled to be reimbursed as a direct item of cost under this Grant Agreement, shall pass to and vest in COMMERCE upon delivery of such property by the GRANTEE. Title to other property, the cost of which is reimbursable to the GRANTEE under this Grant Agreement, shall pass to and vest in COMMERCE upon (i) issuance for use of such property in the performance of this Grant Agreement, or (ii) commencement of use of such property in the performance of this Grant Agreement, or (iii) reimbursement of the cost thereof by COMMERCE in whole or in part, whichever first occurs. A. Any property of COMMERCE furnished to the GRANTEE shall, unless otherwise provided herein or approved by COMMERCE, be used only for the performance of this Grant Agreement. B. The GRANTEE shall be responsible for any loss or damage to property of COMMERCE that results from the negligence of the GRANTEE or which results from the failure on the part of the GRANTEE to maintain and administer that property in accordance with sound management practices. C. If any COMMERCE property is lost, destroyed or damaged, the GRANTEE shall immediately notify COMMERCE and shall take all reasonable steps to protect the property from further damage. D. The GRANTEE shall surrender to COMMERCE all property of COMMERCE prior to settlement upon completion, termination or cancellation of this Grant Agreement All reference to the GRANTEE under this clause shall also include GRANTEE'S employees, agents or subgrantees/subcontractors. 48. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Grant Agreement unless stated to be such in writing and signed by Authorized Representative of COMMERCE. Docusign Envelope ID: 952DF561-5BBB-474E-998E-3C8FF23191F2 28 ATTACHMENT A - SCOPE OF WORK Funds awarded under this grant shall be used by the City of Pasco for construction to the Pasco Boulevard Soccer Field (Pasco) project located at 6200 Burden Blvd Pasco, WA 99301. This will include, but not be limited to, installing field lighting for five fields at the City of Pasco’s soccer complex. It will include 15 light poles with LED lighting and trenching for running electrical conduit. This project will serve as a benefit to the public by providing lit fields at the City’s soccer complex for use by community youth, adult sports leagues, clubs, and individuals. The added lighting will help draw additional soccer and other field sport tournaments to Pasco which will also help economically. This project is anticipated to be completed by June 25, 2025. Costs related to the work associated with the Project will only be reimbursed to the extent the work is determined by Commerce to be within the scope of the legislative appropriation. CERTIFICATION PERFORMANCE MEASURE The GRANTEE, by its signature, certifies that the Scope of Work set forth above has been reviewed and approved by the GRANTEE’s governing body as of the date and year written below. ______________________________________ GRANTEE ______________________________________ TITLE _____________________________________ DATE Docusign Envelope ID: 952DF561-5BBB-474E-998E-3C8FF23191F2 City Manager 1/7/2025 | 9:45 AM PST 29 ATTACHMENT B - PROJECT BUDGET Line Item Funding Amount Construction $1,640,000.00 Total Project Budget $1,640,000.00 CERTIFICATION PERFORMANCE MEASURE The GRANTEE, by its signature, certifies that the Project Budget set forth above has been reviewed and approved by the GRANTEE’s governing body or board of directors, as applicable, as of the date and year written below. ______________________________________ GRANTEE ______________________________________ TITLE _____________________________________ DATE Docusign Envelope ID: 952DF561-5BBB-474E-998E-3C8FF23191F2 1/7/2025 | 9:45 AM PST City Manager 30 ATTACHMENT C - CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT Non-State Fund Sources Amount LTGO Bond $912,500.00 Total Non-State Funds $912,500.00 State Funds Amount State Capital Budget $727,500.00 Total Non-State and State Sources $1,640,000.00 Holdback: 0% $0.00 CERTIFICATION PERFORMANCE MEASURE The GRANTEE, by its signature, certifies that Project funding from sources other than those provided by this Grant Agreement and identified above has been reviewed and approved by the GRANTEE’s governing body or board of directors, as applicable, and has either been expended for eligible Project expenses, or is committed in writing and available and will remain committed and available solely and specifically for carrying out the purposes of this Project as described in elsewhere in this Grant Agreement, as of the date and year written below. The GRANTEE shall maintain records sufficient to evidence that it has expended or has access to the funds needed to complete the Project and shall make such records available for COMMERCE’s review upon reasonable request. ______________________________________ GRANTEE ______________________________________ TITLE _____________________________________ DATE Docusign Envelope ID: 952DF561-5BBB-474E-998E-3C8FF23191F2 1/7/2025 | 9:45 AM PST City Manager 31 ATTACHMENT D - CERTIFICATION OF THE PAYMENT AND REPORTING OF PREVAILING WAGES CERTIFICATION PERFORMANCE MEASURE The GRANTEE, by its signature, certifies that all contractors and subgrantees/subcontractors performing work on the Project shall comply with prevailing wage laws set forth in RCW 39.12, as applicable on the date the Project appropriation becomes effective, including but not limited to the filing of the “Statement of Intent to Pay Prevailing Wages” and “Affidavit of Wages Paid” as required by RCW 39.12.040. The GRANTEE shall maintain records sufficient to evidence compliance with RCW 39.12 and shall make such records available for COMMERCE’s review upon request. If any state funds are used by the GRANTEE for the purpose of construction, applicable State Prevailing Wages must be paid. The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and approved by the GRANTEE’s governing body as of the date and year written below. ______________________________________ GRANTEE ______________________________________ TITLE _____________________________________ DATE Docusign Envelope ID: 952DF561-5BBB-474E-998E-3C8FF23191F2 City Manager 1/7/2025 | 9:45 AM PST 32 ATTACHMENT E - CERTIFICATION OF INTENT TO ENTER THE LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN (LEED) CERTIFICATION PROCESS CERTIFICATION PERFORMANCE MEASURE The GRANTEE, by its signature, certifies that it will enter into the Leadership in Energy and Environmental Design certification process, as stipulated in RCW 39.35D, as applicable to the Project funded by this Grant Agreement. The GRANTEE shall, upon receipt of LEED certification by the United States Green Building Council, provide documentation of such certification to COMMERCE. The GRANTEE, by its signature, certifies that the declaration set forth above has been reviewed and approved by the GRANTEE’s governing body or board of directors, as applicable, as of the date and year written below. NOT APPLICABLE ______________________________________ GRANTEE ______________________________________ TITLE _____________________________________ DATE Docusign Envelope ID: 952DF561-5BBB-474E-998E-3C8FF23191F2 THANK YOU for your legal submission! Your legal has been submitted for publication. Below is a con rmation of your legal placement. You will also receive an email con rmation. ORDER DETAILS Order Number: IPL0229020 Order Status: Submitted Classi cation: Legals & Public Notices Package: TRI - Legal Ads Site: tricity Final Cost: $546.92 Referral Code: NOPH 4.23.25 Payment Type: Account Billed User ID: IPL0018633 ACCOUNT INFORMATION Debra Barham 525 North Third Ave. Pasco, WA 99301 509-544-3096 cityclerk@pasco-wa.gov City of Pasco TRANSACTION REPORT Date April 18, 2025 8:21:57 PM EDT Amount: $546.92 SCHEDULE FOR AD NUMBER IPL02290200 April 23, 2025 Tri-City Herald Print Publication PREVIEW FOR AD NUMBER IPL02290200 3.22inches x 9.31inches 4/18/25, 7:22 PM Adportal Self Service Advertising Confirmation https://placelegal.mcclatchy.com/legals/tricity/home/confirmation.html?id=216064&returnto=1/4 4/18/25, 7:22 PM Adportal Self Service Advertising Confirmation https://placelegal.mcclatchy.com/legals/tricity/home/confirmation.html?id=216064&returnto=2/4 4/18/25, 7:22 PM Adportal Self Service Advertising Confirmation https://placelegal.mcclatchy.com/legals/tricity/home/confirmation.html?id=216064&returnto=3/4 << Click here to print a printer friendly version >> 4/18/25, 7:22 PM Adportal Self Service Advertising Confirmation https://placelegal.mcclatchy.com/legals/tricity/home/confirmation.html?id=216064&returnto=4/4 Affidavit of Mailing In regards to MF# SP2025-006 I, Carmen Patrick, hereby confirm that notification was sent by mail April 22 , 2025 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 22nd day , April of 2025 . \-~~\[JJ Representative 's Signature Corrrrunity Devel o pment Departrr En t PO Bo x 293 ,525 N 3 ~ Ave Pas co, \".'A 99'301 P 'i09 545 3441 / F. 509 .545 3499 CITY OF PASCO NOTICE OF PUBLIC HEARING Si necesita ayuda para entender este aviso o necesita mas informaci6n, por favor Ila me al Departamento de Desarrollo Comunitario y Econ6mico de la Ciudad de Pasco a 509-545-3441. A Public Hearing with the Hearing Examiner will be held on May 14, 2025, at 6:00 pm Place: Council Chambers in Pasco City Hall at 525 N 3 rd Avenue in Pasco Washington. The Hearing Examiner will consider public testimony concerning the following application at this hearing: Proposal: Brent Kubalek of the City of Pasco-Parks and Recreation Division submitted a Special Permit Application (SP2025-006) for the installation of field lights on the north most five soccer fields of the developed Pasco Sporting Complex. This includes installation of 15 light poles up to 90 feet tall with LED sports field lighting, electrical conduit, and control box . The proposal is located at the northeast section of 6200 Burden Blvd (Parcel #117370016) in Pasco, WA 99301. The proposal is subject to regulations contained in the Pasco Municipal Code. Public Comment Period: Written comments must be submitted to the Community Development Department by 5:00 p.m. on May 14, 2025, to be included in the written record. If you have questions on the proposal, contact the Planning Division at (509) 545-3441 or via e-mail to: planning@pasco -wa .gov or via postal mail at PO Box 293, Pasco, WA 99301. If you wish to participate in the hearing virtually, please register at least 2 hours prior to the meeting at the following registration link: www.pasco -wa .gov/publiccomment After registering, you will receive a confirmation email containing information about joining the webinar. Estimated Date of the Decision: It is estimated that the Hearing Examiner will make a decision on the Preliminary Plat within ten (10) working days of the public hearing. Prepared April 21, 2025 by: Ivan Barragan, Planner 11, PO Box 293 Pasco, WA 99301 (509) 545-3441 The City of Pasco welcomes full participation in public meetings by all citizens . No qualified individual with a disability shall be excluded or denied the benefit of participating in such meetings. If you wish to use auxiliary aids or require assistance to comment at this public meeting, please contact the Community Development Department at (509) 545-3441 or TDD (509) 585-4425 at least ten days prior to the date of the meeting to make arrangements for special needs. 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GILBERTSON 4416 DES MOINES LN PASCO WA 99301 )LIVIA VELASQUEZ 4412 DES MOINES LN PASCO WA 99301 :AT ALINA MELLIN 4408 DES MOINES LN PASCO WA 99301 )AVID C & AMANDA M WARNER 4318 DES MOINES LN PASCO WA 99301 IIXAY PHOTHISARATH 4310 DES MOINES LN PASCO WA 99301 ~UANG M HUYNH (ETUX) 4306 DES MOINES LN PASCO WA 99301 1NDRIY TSARUK (ETUX) 4302 DES MOINES LN PASCO WA 99301 )ONALD R & ADRIENNE Y JACOBSEN 4216 DES MOINES LN PASCO WA 99301 lRADLEY HELLAND 4212 DES MOINES LN PASCO WA 99301 ,ERGEY & SVETLANA RUSANZHIK 4208 DES MOINES LN PASCO WA 99301 ,ERGEY N GORINCHOY 4204 DES MOINES LN PASCO WA 99301 :ITY OF PASCO PO BOX 293 PASCO WA 99301 ~ELANIE E WEBBER 4122 DES MOINES LN PASCO WA 99301 :VANS KUNK (ETUX) 4118 DES MOINES LN PASCO WA 99301 ONATHAN A JACINTO (ETAL) 4114 DES MOINES LN PASCO WA 99301 :HRISTOPHER B KNIGHT 4106 DES MOINES LN PASCO WA 99301 ~YAN A MARTINEZ 4102 DES MOINES LN PASCO WA 99301 :HARLES R MCCOLLUM 4016 DES MOINES LN PASCO WA 99301 MRTIN FAB IAN 4118 MONTGOMERY LN PASCO WA 99301 IRITNEY & RYAN FAUBERT 4114 MONTGOMERY LN PASCO WA 99301 ,EORGE L CRAWFORD 4110 MONTGOMERY LN PASCO WA 99301 IRIAN K & HEATHER M SCHMITT 4106 MONTGOMERY LN PASCO WA 99301 AMIE BLANCO 4102 MONTGOMERY LN PASCO WA 99301 1AVEL K & MARINA V DEREVYANCHU 4018 MONTGOMERY LN PASCO WA 99301 :ARLOS & ALMA SANDOVAL 4014 MONTGOMERY LN PASCO WA 99301 :VE MARCHAND (ETVIR) 4010 MONTGOMERY LN PASCO WA 99301 1LFREDO BARRERA GARCIA (ETUX) 4006 MONTGOMERY LN PASCO WA 99301 VILSON S PENG 4002 MONTGOMERY LN PASCO WA 99301 "ROY W & KATHLEEN R WALKER 3918 MONTGOMERY LN PASCO WA 99301 AVIER SANCHEZ (JR) 3914 MONTGOMERY LN PASCO WA 99301 ,TEFANIE CRISTELLI 3910 MONTGOMERY LN PASCO WA 99301 ;TEVE J & TRACY L GOETZ 3906 MONTGOMERY LN PASCO WA 99301 ANLYN G HOOD (ETAL) 3902 MONTGOMERY LN PASCO WA 99301 :ESAR & MARIBEL ALANIS 3820 MONTGOMERY LN PASCO WA 99301 OSHUA L & TASHA N KULMUS 3816 MONTGOMERY LN PASCO WA 99301 ~ODRIGO ALEJOS CASTILLO (ETAL) 5910 PIERRE DR PASCO WA 99301 :LIFFORD LOWELL & LILIAN SUSAN 5906 PIERRE DR PASCO WA 99301 ~OSA AVITIA 5902 PIERRE DR PASCO WA 99301 JIKOLAY R ZOLOTNYUK 4012 DES MOINES LN PASCO WA 99301 ;TEVEN B & KEREN B PALUMBO 4008 DES MOINES LN PASCO WA 99301 1DRIAN SCOTT 4004 DES MOINES LN PASCO WA 99301 11TALIY A. & ELVIRA NIKITENKO 3920 DES MOINES LN PASCO WA 99301 1LADIMIR R & LIDYA B SKALSKI 3916 DES MOINES LN PASCO WA 99301 tllCHAEL L CANTU 3912 DES MOINES LN PASCO WA 99301 tllCHAEL S & GINER L TOWNE (TRU 3908 DES MOINES LN PASCO WA 99301 tllCHAEL C DAVID (ETAL) 3904 DES MOINES LN PASCO WA 99301 ,HERi DENISE ALLEN 3822 DES MOINES LN PASCO WA 99301 tlARIA V LAKKHAM 5903 PIERRE DR PASCO WA 99301 ~OGELIO BEAS 3817 MONTGOMERY LN PASCO WA 99301 >IEGO A BARRERA 3821 MONTGOMERY LN PASCO WA 99301 :EVIN & MARIA HALE 3905 MONTGOMERY LN PASCO WA 99301 !AIL Y D STOUT 3909 MONTGOMERY LN PASCO WA 99301 ORGE LEONEL & LOURDES GUERRA 3913 MONTGOMERY LN PASCO WA 99301 :LAUDIA FABIOLA GARCIA (ETVIR) 3917 MONTGOMERY LN PASCO WA 99301 HANH M PHAM . (ETUX) 3023 LANGRIDGE LOOP NW OLYMPIA WA 98502 tAYMOND FLORES JR (ETAL) 4005 MONTGOMERY LN PASCO WA 99301 1ICHAEL S & MCKENNA BISHOP 4009 MONTGOMERY LN PASCO WA 99301 1ICKEY EUGENE & KATHARINE SUZA 4013 MONTGOMERY LN PASCO WA 99301 iTEVEN PENISTEN 4017 MONTGOMERY LN PASCO WA 99301 IMOTHY N & DIANNA K WINTERS 4101 MONTGOMERY LN PASCO WA 99301 ,LANCA & ENRIQUE RODRIGUEZ 4105 MONTGOMERY LN PASCO WA 99301 .LFONSO & SAYDA E PAZ 4113 MONTGOMERY LN PASCO WA 99301 1ANUEL & ANNABELLE NAVARRO 4117 MONTGOMERY LN PASCO WA 99301 NDREY DANIL YUK. (ET 4121 MONTGOMERY LN PASCO WA 99301 .HO CONSTRUCTION I INC 5512 NE 109TH CT STE 101 VANCOUVER WA 98662 ABA PROPERTIES 1121 STALLION PL RICHLAND WA 99352 RANKLIN COUNTY 1016 N 4TH AVE PASCO WA 99301 ILLAGE AT CHAPEL HILL CLUBHOU NV Community Development Department PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 NOTICE OF APPLICATION/SEPA DETERMINATION (Standard DNS Process) Si necesita ayuda para entender este aviso o necesita más información, por favor llame al Departamento de Desarrollo Comunitario y Económico de la Ciudad de Pasco a 509-545-3441. SEPA Comment Period Deadlines: May 5, 2025 Proposal: Brent Kubalek of the City of Pasco-Parks and Recreation Division submitted a Special Permit Application (SP2025-006) on April 18, 2025, for the installation of field lights on the north most five soccer fields of the developed Pasco Sporting Complex. This is also part of a building permit review numbered (B25-0652). The proposal includes the installation of 15 light poles up to 90 feet tall with LED sports field lighting, electrical conduit, and control box. The proposal is located at the northeast section of 6200 Burden Blvd (Parcel #117370016) in Pasco, WA 99301. The proposal is subject to regulations contained in the Pasco Municipal Code. Public Comment Period: Written comments must be submitted to the Community Development Department by 5:00 p.m. on May 5, 2025. Only comments received by the referenced date will be included in the SEPA record. If you have questions on the proposal, contact the Planning Division at (509) 544-4146 or via e-mail to: barragani@pasco-wa.gov. Open Record Hearing: A public hearing is not required for the SEPA determiation; however, a public hearing will be held on May 14, 2025, for the Special Permit application. The SEPA determination has been established administratively by the SEPA administrator. Determination of Completeness: The application has been declared complete for the purpose of processing. Environmental Documents and/or Studies Applicable to this Application: Environmental Determination No. SEPA2025-015 has been assigned to this proposal. The SEPA comment period will end May 5, 2025. A Determination of Non-Significance has been issued for this proposal under (WAC 197-11-340) (2). This may be the only opportunity to comment on the environmental impacts of the proposal or to appeal the State Environmental Policy Act related decision. A copy of the threshold determination and any other information concerning this action may be obtained by contacting the City of Pasco Planning Department. Required Permits: A building permit will be required before any ground disturbing activities begin. Preliminary Determination of Regulations Used for Project Mitigation: To evaluate the impacts of the proposed project, the following was used for mitigation, consistency, and the development of findings and conclusions: �� Title 12 (Streets and Sidewalks), Title 16 (Buildings and Construction), Title 25 (Zoning), regulations of the Pasco Municipal Code, and the land use policies contained in the Pasco Comprehensive Plan; �� Regulations of the Washington State Department of Fish and Wildlife, Washington State Department of Ecology, and Washington State Department of Natural Resources; �� Other required agency evaluations, approvals, permits, and mitigations as necessary. Estimated Date of the Decision: A DNS was issued on April 21, 2025. The City of Pasco will not act on this proposal for 14 days from the date of issuance. Appeals: You may appeal this threshold determination by submitting an appeal to CED within 14 days of issuance to planning@pasco-wa.gov, via postal 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. Community Development Department PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 Responsible Official: Craig Raymond Position/Title: Community and Economic Development Deputy Director Phone (509) 545-3451 Address: PO Box 293, Pasco, WA 99301 Prepared April 21, 2025, by: Ivan Barragan, Planner II, PO Box 293 Pasco, WA 99301 (509) 545-3441 May s L n Ori o l e L n Burden Blvd Gr a n t L n Eq u i n o x C t Phoenix Ln C h o l l a C t Malaga Dr Fenway Dr Cook Ln Des Moines Ln Hartford Dr Salem Dr Lansing Ln Desert Platea u D r M arlin Ln PierreDr Yankee Dr Po l o L n At l a n t a L n Brooklyn Ln Cooperstown Ln C h o ll a D r Roosevelt Dr Blue Jay Dr Arth u r Ln Ma r i n e r L n Fo r b e s L n M ojave Dr Roosevelt Ct Pi l o t L n Baton Rouge Dr Richmond Dr Wrigley Dr Polk Ct Eisenhower Ct YumaDr Moja v e C t Co n v e n t i o n D r Antigua Dr Cleveland L n H onolulu D r Pr o v i d e n c e L n Ju n e a u L n Ro a d 5 2 Ro a d 6 0 Dover Dr Buchanan Ln Ha y e s L n RobertWayneDr Madison Ave T yler Ct Fillmore Dr Co n v e n t i o n P l A us t i n C t Ruth Dr St Paul Ct Sahara Dr Sierra Dr St P a u l L n Mckinley Ct Sonora Dr K a l a h a ri D r Camden Dr Montp e l i e r D r Jac k s o n L n Ebbets Dr M eadow ViewDr Louisville Dr Truman Ln Dodger Dr Sacramento Dr Denver Dr Concord Dr Ta f t D r JoshuaDr Austin Dr Springfield Dr Top e ka Dr Sinai Dr Hilltop Dr Rea g a n W a y Bi s m a r c k L n Ch a r l e s t o n L n Ken n e d y W a y Mo n t g o m e r y L n Lucena Dr Bilbao Dr B oise Dr Pamplona Dr Rodeo Dr Candlestick Dr Cl e m e n t e L n Homerun Rd 182 182 182 182 R O A D 6 8 BURDEN BLVD Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community 0 250 500 750 1,000130 Feet Vicinity Map SITE Item: Burden Blvd Soccer Complex Improvements Applicant(s): City of Pasco Parks and Recreation Division File #: SEPA2025-015/SP2025-006 ± STATE OF WASHINGTON DEPARTMENT OF ECOLOGY Eastern Region Office 4601 North Monroe St., Spokane, WA 99205-1295 • 509-329-3400 May 2, 2025 Ivan Barragan City of Pasco, Community Development Department 525 N 3rd Ave, PO Box 293 Pasco, WA 99301-0293 Re: Burden Blvd Soccer Complex Improvements File# SEPA2025-015, Ecology SEPA# 202501611 Dear Ivan Barragan: Thank you for the opportunity to provide comments on the State Environmental Policy Act (SEPA) Determination of Non-Significance for the Burden Blvd Soccer Complex Improvements proposal. Based on review of the checklist associated with this project, the Department of Ecology (Ecology) has the following comments: Water Quality Program Chad Sauve, (509) 934-6202, chad.sauve@ecy.wa.gov No construction excavation or grading is expected as a part of this project. If all construction related stormwater can be retained on site during construction and there is no discharge off site, a Construction Stormwater General Permit may not be required. Water Resources Program Herm Spangle, (509) 329-3610, herm.spangle@ecy.wa.gov The water purveyor is responsible for ensuring that the proposed use(s) are within the limitations of its water rights. If the proposal’s actions are different than the existing water 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. If you have any questions or would like to respond to these comments, please contact the appropriate program staff listed above. If you have questions about SEPA, please reach out to sepahelp@ecy.wa.gov. Ivan Barragan May 2, 2025 Page 2 Sincerely, Katy Moos Office Assistant Eastern Region Office State of Washington • Department of Archaeology & Historic Preservation P.O. Box 48343 • Olympia, Washington 98504-8343 • (360) 586-3065 www.dahp.wa.gov November 18, 2024 Kat Perez Department of Commerce PO Box 42525 Olympia, Washington 98504 RE: S24199 Pasco Boulevard Soccer Field (Pasco) Project Log. #: 2024-11-08364-COMM Dear Kat Perez; We have been contacted by Brent Kubalek, representing the City of Pasco, pursuant to Executive Order 21-02. We have reviewed the information Brent provided for the proposed S24199 Pasco Boulevard Soccer Field (Pasco) Project in Pasco, Franklin County, Washington. We concur with a Determination of No cultural resource impacts with the stipulation for an inadvertent find plan. Please provide the delegation letter and any correspondence or comments from concerned tribes or other parties that you receive in conformance with Executive Order 21-02. In the event archaeological or historic materials are encountered during project activities, work in the immediate vicinity must stop, the area secured, and the concerned tribe’s cultural department and our department are notified pursuant to RCW 27.44 and RCW 27.53. These comments are based on the information available at the time of this review and on behalf of the State Historic Preservation Officer in compliance with Executive Order 21-02. Should additional information become available, our assessment may be revised, including information regarding historic properties that have not yet been identified. Thank you for the opportunity to comment and a copy of these comments should be included in subsequent environmental documents. Sincerely, Robert G. Whitlam, Ph.D. State Archaeologist (360) 890-2615 email: rob.whitlam@dahp.wa.gov From:Rebecca Francik To:Ivan Barragan Subject:RE: SEPA2025-015/SP2025-006 Burden Blvd Soccer Complex Improvements - Issued Determination of Non- Significance (Standard DNS Process)/Notice of Application (NOA) Date:Monday, April 21, 2025 1:14:35 PM Attachments:image001.png [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.] Thank you for keeping me in the loop Ivan. Basin Disposal has no issues with this proposal. Rebecca Francik Government Relations rebeccaf@basindisposal.com 509-542-4905 office Cell: 509-380-3583 cell From: Ivan Barragan <barragani@pasco-wa.gov> Sent: Monday, April 21, 2025 12:18 PM To: Ivan Barragan <barragani@pasco-wa.gov> Subject: SEPA2025-015/SP2025-006 Burden Blvd Soccer Complex Improvements - Issued Determination of Non-Significance (Standard DNS Process)/Notice of Application (NOA) All, Please find attached the SEPA Environmental Checklist (SEPA2025-015) submitted on April 18, 2025, SEPA Notice of Application prepared today April 21, 2025, and the associated Determination of Non-Significance (DNS) issued concurrently with the NOA, for the proposed installation of field lighting on the five northernmost soccer fields at the developed Pasco Sporting Complex. The project includes the installation of 15 light poles—12 up to 70 feet tall and 3 up to 90 feet tall—equipped with LED sports field lighting, along with associated electrical conduit and a control box. The project site is in the northeast portion of 6200 Burden Blvd (Parcel #117370016), Pasco, WA 99301. An Inadvertent Discovery Protocol (IDP) was submitted with this proposal, and the lighting design was carefully reviewed for potential light pollution impacts. These factors contributed to the issuance of the Determination of Non-Significance. Please note a public hearing will be held for the associated Special Permit application (SP2025- 006) on May 14, 2025, at 6PM. All other associated documents can be found in the SEPA register. Please submit any comments regarding this SEPA determination by 5:00 PM on May 5, 2025. If you have any questions or concerns, feel free to contact me. Best regards, Ivan Barragan Planner II O: 509-544-4146 barragani@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 copyingby the public upon request. Accordingly, there can be no expectation of privacy. Inadvertent Discovery Protocol Protocols for Discovery of Archaeological Resources In the event that archaeological resources are encountered during construction, the following actions will be taken: In the find location, all ground disturbing activity will stop. The find location will be secured from any additional impacts and the supervisor will be informed. The project proponent will immediately contact the agencies with jurisdiction over the lands where the discovery is located, if appropriate. The appropriate agency archaeologist or the proponent's contracting archaeologist will determine the size of the work stoppage zone or discovery location in order to sufficiently protect the resource until further decisions can be made regarding the work site The project proponent will consult with DAHP regarding the evaluation of the discovery and the appropriate protection measures, if applicable. Once the consultation has been completed, the project proponent will request written concurrence from the agency or tribe(s) that the protection and mitigation measures have been fulfilled. Upon notification of concurrence from the appropriate parties, the project proponent will proceed with the project. Within six months after completion of the above steps, the project proponent will provide for preparation of final written report of the discovery. The report will include a description of the contents of the discovery, a summary of consultation, and a description of the treatment or mitigation measures. Protocols for Discovery of Human Remains If human remains are found within the project, the project proponent, its contractors or permit-holders, the following actions will be taken, consistent with Washington State RCWs 68.50.645, 27.44.055, and 68.60.055. If ground-disturbing activities encounter human skeletal remains during the course of construction then all activity will cease that may cause further disturbance to those remains. The area of the find will be secured and protected from further disturbance. The project proponent will prepare a plan for securing and protecting exposed human remains and retain consultants to perform these services. The finding of human skeletal remains will be reported to the county medical examiner/coroner and local law enforcement in the most expeditious manner possible. The remains will not be touched, moved, or further disturbed. The county medical examiner/coroner will assume jurisdiction over the human skeletal remains and make a determination of whether those remains are forensic or non-forensic. If the county medical examiner/coroner determines the remains are non-forensic, then they will report that finding to DAHP, which will then take jurisdiction over the remains. DAHP will notify any appropriate cemeteries and all affected tribes of the find. The State Physical Anthropologist will make a determination of whether the remains are Indian or Non-Indian and report that finding to any appropriate cemeteries and the affected tribes. DAHP will then handle all consultation with the affected parties as to the future preservation, excavation, and disposition of the remains. Primary Contacts Washington Department of Archeology and Historic Preservation Address: PO Box 48343, Olympia, WA 98504-8343 Primary Contact: Rob Whitlam, State Archaeologist Phone Number/Email: (360) 586-3080, Rob.Whitlam@dahp.wa.gov Primary Contact for Human Remains: Guy Tasa, State Physical Anthropologist Phone Number/Email: (360) 586-3534 or (360) 790-1633, Guy.Tasa@dahp.wa.gov Washington State Department of Commerce Program Contact Address: 1011 Plum Street SE, PO Box 42525, Olympia, WA 98504-2525 Primary Contact: ______________________________________________________________________ Phone Number/Email: __________________________________________________________________ Tribes Name of Tribe: _______________________________________________________________________ Address: ____________________________________________________________________________ Primary Contact: _____________________________________________________________________ Phone Number/Email: __________________________________________________________________ Name of Tribe: _______________________________________________________________________ Address: ____________________________________________________________________________ Primary Contact: ______________________________________________________________________ Phone Number/Email: __________________________________________________________________ Name of Tribe: _______________________________________________________________________ Address: ____________________________________________________________________________ Primary Contact: _____________________________________________________________________ Phone Number/Email: __________________________________________________________________ Name of Tribe: _______________________________________________________________________ Address: ____________________________________________________________________________ Primary Contact: ______________________________________________________________________ Phone Number/Email: __________________________________________________________________ Local Sheriff's Office Address: _____________________________________________________________________________ Primary Contact: ______________________________________________________________________ Phone Number/Email: __________________________________________________________________ Local Medical Examiner's Office Address: _____________________________________________________________________________ Primary Contact: ______________________________________________________________________ Phone Number/Email: __________________________________________________________________ Address: ____________________________________________________________________________ Name of Tribe: _______________________________________________________________________ Primary Contact: ______________________________________________________________________ Phone Number/Email: __________________________________________________________________ Address: ____________________________________________________________________________ Name of Tribe: _______________________________________________________________________ Primary Contact: ______________________________________________________________________ Phone Number/Email: __________________________________________________________________ Tribes. Continued 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. From:Casey Roberts To:Ivan Barragan Subject:RE: SEPA2025-015/SP2025-006 Burden Blvd Soccer Complex Improvements - Issued Determination of Non- Significance (Standard DNS Process)/Notice of Application (NOA) Date:Tuesday, April 22, 2025 1:35:34 PM [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 Ivan, No comments from Franklin PUD. I’m already in contact with them about the added load. Casey Roberts Field Engineer II (O)509-546-5952 (C)509-412-4034 From: Ivan Barragan <barragani@pasco-wa.gov> Sent: Monday, April 21, 2025 12:18 PM To: Ivan Barragan <barragani@pasco-wa.gov> Subject: SEPA2025-015/SP2025-006 Burden Blvd Soccer Complex Improvements - Issued Determination of Non-Significance (Standard DNS Process)/Notice of Application (NOA) All, Please find attached the SEPA Environmental Checklist (SEPA2025-015) submitted on April 18, 2025, SEPA Notice of Application prepared today April 21, 2025, and the associated Determination of Non-Significance (DNS) issued concurrently with the NOA, for the proposed installation of field lighting on the five northernmost soccer fields at the developed Pasco Sporting Complex. The project includes the installation of 15 light poles—12 up to 70 feet tall and 3 up to 90 feet tall—equipped with LED sports field lighting, along with associated electrical conduit and a control box. The project site is in the northeast portion of 6200 Burden Blvd (Parcel #117370016), Pasco, WA 99301. An Inadvertent Discovery Protocol (IDP) was submitted with this proposal, and the lighting design was carefully reviewed for potential light pollution impacts. These factors contributed to the issuance of the Determination of Non-Significance. Please note a public hearing will be held for the associated Special Permit application (SP2025- 006) on May 14, 2025, at 6PM. All other associated documents can be found in the SEPA register. Please submit any comments regarding this SEPA determination by 5:00 PM on May 5, 2025. If you have any questions or concerns, feel free to contact me. Best regards, Ivan Barragan Planner II O: 509-544-4146 barragani@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 copyingby 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. REPORT TO THE HEARING EXAMINER City Hall – 525 North Third Avenue – Council Chambers WEDNESDAY, 14 MAY 2025 6:00 PM 1 MASTER FILE #: SP 2025-003 APPLICANT: Brandon Jordan 27055 Ohio Ave. NE Kingston, WA 98346 REQUEST: Special Permit: Operation of a construction trade school within an existing building. TIMELINE 13 February 2025 Application Submitted 07 March 2025 Application Deemed Complete 23 April 2025 Notice of Public Hearing for SP2025-003 scheduled for May 14, 2025, was posted on the City of Pasco website, published in the Tri-City Herald Newspaper, and mailed to properties within 300 feet of proposed rezone. 25 April 2025 Public Comment Received from Basin Disposal 07 May 2025 Public Hearing Staff Report Published BACKGROUND 1) PROPERTY DESCRIPTION: Abbreviated Legal: SHORT PLAT 2007-08 LOT 1 General Location: 420 N Venture Rd. (Parcel 113720108), Pasco, WA 99301 Property Size: Approximately 2.68 acres (116,552.58 square feet) 2) ACCESS: The property has access from N Venture Rd. to the East. 3) UTILITIES: The site is being served by exempt well and on-site septic. 4) LAND USE AND ZONING: The property is zoned I-1 (Light Industrial District) and is currently developed with a commercial building. Surrounding properties are zoned and developed as follows: North: I-2 Medium Industrial East: I-1 Light Industrial South: I-1 Light Industrial West: I-1 Light Industrial 5) COMPREHENSIVE PLAN: The comprehensive plan land use designation for the property is “Industrial.” Comprehensive plan land use density table [Pasco Municipal Code (PMC) 25.215.015] states that 2 Industrial is to provide a “Manufacturing, food processing, storage and wholesale distribution of equipment and products, hazardous material storage, and transportation related facilities.” BACKGROUND Request Applicant proposes to operate a construction trade school within an existing building that was formally used for warehouse storage. Examples of training provided by the applicant include; radiation technician, traffic control, general construction, concrete placement, mason tending, storm/sewer/water installation, hoisting/rigging, and elevation control. Site Approximately 6,583 sq. ft. of the 116,553 sq. ft. site is occupied by the footprint of an existing warehouse building, there is existing off-street parking located directly East and South of said building. Existing off-street parking meets vocational school requirements as provided in the required off-street parking table located in PMC 25.185.170. There is also a temporary storage structure that is approximately 2,500 sq. ft. in size. The gravel area located behind the proposed trade school building will serve as training yard for outdoor based activities. There is also a fence surrounding the property, with a portion located within a Right-of-Way (ROW) on the north side of the property. Applicant will be submitting an encroachment permit as part of the approval process for the school. History The site was added to the City of Pasco as part of an annexation completed in 2013 (Ord. #4086). The zoning for the property was designated as I-1 Light Industrial as part of said annexation (Ord. #4087). The existing structure was constructed in 2003 is approximately 6,583 sq. ft. in size. The building was built for use as a storage warehouse, which it was in use as until the building was sold to the current property owner back in 2024. A temporary tarp-covered storage structure approximately 2,500 sq. ft. in size was added to the property sometime between 2021 and 2023 according to Google Earth imagery. Exact date of installation unknown due to lack of permits for this temporary structure. Land Use Regulations Per PMC 25.200.010 Unclassified uses, due to their nature, are deemed to require special review to consider, on a case-by-case basis, their impacts on adjacent uses, uses within the vicinity, and the infrastructure which would serve them. Unclassified uses may be permitted within any district where not otherwise prohibited. Per PMC 25.200.020(1) vocational schools, business colleges and other similar academic or skills training facilities or institutions not heretofore permitted within any district shall be considered unclassified uses, and as such, require Special Permit review. Per PMC 25.195.020(6) the Hearing Examiner has the authority to make decisions on Land Use Decisions described in PMC 2.50.080, such as special permits. STAFF FINDINGS OF FACT 1) Special Permit Application (SP 2025-003) for a construction trade school was submitted on February 13, 2025 2) The Application was determined to be complete on March 07, 2025. 3 3) Notice of the public hearing was mailed to property owners within 300 feet of the subject property and published in the Tri-City Herald newspaper on April 23, 2025. 4) Applicant proposes to operate a construction trade school within an existing structure. 5) The site has historically provided warehouse storage since the existing structure was constructed in 2003. 6) Approximately 6,583 sq. ft. of the 161,553 square-foot site is covered by the footprint of an existing structure. 7) There is also an existing temporary tarp-covered storage structure approximately 2,500 sq. ft. in size added sometime between 2021 and 2023. Exact date is unknown due to lack of permits filed. 8) Both front and side areas of the property have off-street parking meeting the off-street requirements for vocational schools as provided in the table located in PMC 25.185.170. Applicant has indicated that there will be a maximum of around 25 vehicles per day visiting the site. 9) There is a fence located within a ROW on the north side of the property. Applicant will be submitting an encroachment permit as part of the approval process for the school. 10) Hours of operation will be Monday thru Friday from 7AM to 6 PM. There will be holding 2 classes at a time with upwards of 25 students max. 11) The subject property was added to the City of Pasco as part of an annexation back in 2013 (Ord. #4086). 12) The site was assigned the I-1 zoning designation in 2013 when it was annexed (Ord. #4087). 13) Per PMC 25.200.010 Unclassified uses enumerated in PMC 25.200.020, due to their nature, are deemed to require special review to consider, on a case-by-case basis, their impacts on adjacent uses, uses within the vicinity, and the infrastructure which would serve them. Unclassified uses may be permitted within any district where not otherwise prohibited. 14) Per PMC 25.200.020(1) vocational schools, business colleges and other similar academic or skills training facilities or institutions not heretofore permitted within any district shall be considered unclassified uses. 15) Per PMC 25.195.020(6) the Hearing Examiner has the authority to make decisions on Land Use Decisions described in PMC 2.50.080, such as special permits. TENTATIVE CONCLUSIONS BASED ON FINDINGS OF FACT As per Pasco Municipal Code (PMC) 25.200.080, Upon conclusion of the open record hearing, the Hearing Examiner shall make and enter findings from the record and conclusions thereof as to whether or not: (1) The proposal is in accordance with the goals, policies, objectives, maps and/or narrative text of the Comprehensive Plan; Economic Development Element: Proposed use supports the goal of “maintain[ing] economic development as an important and ongoing city initiative [ED-1,Pg. 20].” Especially with the furtherance of one of goals’ policies to “Promote an environment which supports the development and expansion of business opportunities [ED-1-A, Pg. 20].” The establishment of a construction trade school, will help in the long-run to increase the amount of business opportunities brought by increased workforce training. (2) The proposal will adversely affect public infrastructure; Proposed use will not increase the need for infrastructure improvements and is unlikely to adversely impact the existing infrastructure. There is an existing fence located within a City ROW, however, the applicant will be submitting an encroachment permit as part of the approval process. The encroachment permit will provide access if needed to the ROW for repairs and will also provide a process for fence removal in the case of ROW buildout. 4 (3) The proposal will be constructed, maintained and operated to be in harmony with the existing or intended character of the general vicinity; Proposed use will be contained within an existing building. The properties in the general vicinity are primarily industrial. The site has historically been used as warehouse storage; the proposed use as a construction trade school would not be in conflict with the existing or intended character of the general vicinity. (4) The location and height of proposed structures and the site design will discourage the development of permitted uses on property in the general vicinity or impair the value thereof; Proposed use will be contained within an existing building. The space has historically been used as warehouse storage; a conversion to a construction trade school as a use will not be a major modification or impact the general vicinity more than the historical uses. (5) The operations in connection with the proposal will be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district; The operations of a construction trade school will not likely be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district. (6) The proposal will endanger the public health or safety if located and developed where proposed, or in any way will become a nuisance to uses permitted in the district. The proposal is required to adhere to PMC including provisions such as the outdoor lighting and noise ordinances. If there were to be violations to these codes then code cases and remediating steps will be issued and undertaken. Additionally, the use will be subject to periodic reviews for compliance with conditions imposed under the special permit, PMC, and code violation history at which point the special permit for the use may be revoked. APPROVAL CONDITIONS 1) The special permit shall apply to Parcel #113720108, and any subsequent subdivision(s) thereof. 2) An encroachment permit for the fence will need to be submitted and approved before a certificate of occupancy is obtained. 3) Applicant shall adhere to all Federal, State and City building, fire, and safety codes. RECOMMENDATION Staff recommends approval of a Special Permit for SHORT PLAT 2007-08 LOT 1 located at 420 North Venture Road (parcel # 113720108) as a construction trade school with conditions as herein proposed. CED 04/28/2025: Applicant indicated in an email that there will be only 25 people at a time instead of 60. K-3544HIGHLINEC_TOILETSVITREOUS CHINAK-3544HIGHLINEC_TOILETSVITREOUS CHINA FU R N . 1.10. 11. 14. 15. 25. N. V E T U R E R O A D N89° 35' 04" W 430.83' N89° 36' 21" W 430.79' CL N0 0 ° 0 5 ' 1 7 " E 4 3 0 . 7 9 ' S0 0 ° 0 5 ' 4 4 " W 2 7 0 . 7 3 ' 40' R / W 40' R / W CL N0 0 ° 0 5 ' 1 7 " E 3 0 . 0 0 ' S0 0 ° 0 5 ' 4 4 " W 3 0 . 0 0 ' N89° 35' 04" W 430.83' 55'10 . 5 ' 1 0 0 ' 40' R / W 40' R / W 10' UTIL. ESMT. WELL DRAINAGE FIELD 15 ' 15 ' CL 30 ' D E D I C A T E D R / W / FO R F U T U R E R O A D CL K-3544HIGHLINEC_TOILETSVITREOUS CHINA UP 5' - 0 " "VAN ACCESSIBLE" WHERE NOTED ON SITE PLAN WHITE LETTERING & SYMBOL ON A BLUE BACKGROUND PER STATE H.C. CODE METAL SIGN MOUNTED TO FACE OF BLDG. FINISH GRADE 1 VAN ACCESS. SIGNAGE 1/2" = 1'-0" CONSULTANT STAMP NW L E T T Te n a n t I m p r o v e m e n t 42 0 N . V e n t u r e R o a d Pa s c o , W A 9 9 3 0 1 DATE: DRAWN: PROJECT NO: APPROVED: SHEET NO: REVISIONS: 773 SUMMIT STREET RICHLAND, WA 99352 206 225-1443 www.engertarchitecture.com SHEET TITLE: 0 4 / 2 8 / 2 5 - 9 : 1 3 a m TI 1 . 1 - ( S I T E P L A N ) . d w g REVIEW SET 12/22/2024 PE 24-008 PE PHASE / DELIVERABLE ENGERT A R C H I T E C T U R E L L C 19 ' - 0 " 9'-0" 8' - 0 " 9' - 0 " 9' - 0 " 5' - 0 " 19'-0" 19'-0" 25 ' - 6 " ± EXIST. BLDG. EXIST. STRUCTURE EXIST. CHAIN-LINK GATE EDGE OF PAVING EDGE OF PAVING EDGE OF CONC. EXIST. CHAIN-LINK FENCE EXIST. CHAIN-LINK FENCE NEW CONC. WHEEL STOP NEW 4" WIDE WHITE STRIPING TYP. EDGE OF CONC. EDGE OF PAVING CRUSHED GRAVEL TRAINING YARD CRUSHED GRAVEL TRAINING YARD 2' - 0 " 9' - 0 " EXIST. CONC. CURB EDGE OF CONC. CRUSHED GRAVEL CRUSHED GRAVEL TRAINING YARD EX I S T . L A W N EX I S T . L A W N EXIST. CHAIN-LINK FENCE EXIST. CHAIN-LINK FENCE SITE PLAN 1" = 20' 0'5'10'20'50' EX I S T . L A W N EXIST. ASPHALT PAVING. OVHG. SITE PLAN TI1.1 NEW SIGNAGE SEE DTL. 1 THIS SHEET 19 ' - 0 " 19'-0"31'-0"± 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: SP2025-003 TYPE OF APPLICATION: Special Permit APPLICANT: Brandon Jordan 27055 Ohio Ave. NE Kingston, WA 98346 PROJECT NAME: Construction Craft Laborers Trade School It has been determined that your application for a rezone 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 City of Pasco, Community & Economic Development Department at 509-905-2604 or gundersona@pasco-wa.gov referencing the file # above. Date Issued: 03/07/2025____________ Staff Contact: Aaron Gunderson Planner II, Community & Economic Development Department 509.905.2604/gundersona@pasco-wa.gov ORDINANCE NO.90 ' AN ORDINANCE of the City of Pasco, Washington, assigning zoning to certain real property within the City of Pasco. WHEREAS, on November 15, 2012, the Planning Commission of the City of Pasco conducted a public hearing to develop a recommendation for the assignment of zoning to certain property; in the event the property was incorporated within the City; and WHEREAS, on December 17, 2012, Ordinance No. 40$7 , effectively annexed certain real property to the City of Pasco; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the following described area, situated in Franklin County, Washington to -wit: Beginning at the intersection of the north right -of -way line of SR -12 and the east line of Section 34, Township 9 North, Range 30 East, W.M. said point being the True Point of Beginning; Thence northerly, along the said east line, to the northeast corner of said Section 34; Thence northerly, along the east line of Section 27, Township 9 North, Range 30 East, W.M. to the northeast corner of said Section 27; Thence westerly, along the north line of said Section 27, to the west right -of -way line of Commercial Avenue; Thence northerly, along a line parallel with the east line of the southwest quarter of Section 22, Township 9 North, Range 30 East, W. M. to the north right - of -way line of Pasco - Kahlotus Road; Thence northeasterly, along said north right -of -way line to the east line of southwest quarter of said Section 22; Thence northerly, along said east line, to the intersection of said east line with the southerly line of the parcel of land shown on Record of Survey filed for record in the office of the Franklin Count} Auditor under Fee Number 448594; Thence northwesterly along the southerly and westerly line of said parcel of land, to the north line of the southwest quarter of said Section 22; Thence westerly, along the north line of said southwest quarter to the east right- of-way line of Dietrich Road; Thence southerly along said east right -of -way line to the southwest corner of the parcel of land shown on Record of Survey filed for record in the office of the Franklin County Auditor under Fee Number 1598719, said corner being 302.36 feet southerly of the centerline of Commercial Avenue; Thence southerly to the north line of said Section 27 and continuing southerly to the intersection with the northerly right -of -way line of SR -12; Thence southeasterly along said right -of -way to the True Point of Beginning; as depicted in the map attached hereto and labeled Exhibit No. "I" be and the same is hereby assigned I- ](Light Industrial) zoning. Section 2. That any and all zoning maps be and the same are hereby amended to conform to the aforesaid assignment of zoning. Section 3. This ordinance shall be in full force and effect on February 1, 2013. PASSED by the City Council of the City of Pasco this 17 °i day of December, 2012. Matt Watkins, Mayor AT EST; APPR E AS TO FORM: De ra C7ark, City Clerk Leland B. Kerr, City Attorney Item: CommerciaUKahlotus Annexation Exhibit Applicant: (Multiple Owners) N 1 File #: ANX 2012 -003 Annexation Area o! E LEWIS _ F ST T - T= — C'l f [ - r I` r r m WY LJ po J G —_ LLV. C9JU 1----- c'e -cr WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3`d Pasco, WA 99301 ORDINANCE NO. US AN ORDINANCE relating to annexation and annexing certain real property to the City of Pasco. WHEREAS, the City Council of the City of Pasco has declared, its intent to annex the following described territory to the City of Pasco pursuant to RCW Chapter 35A.14; and WHEREAS, notice of the public hearing on the proposed annexation has been published and posted as required by law; and, WHEREAS, a public hearing on the proposed annexation was held on December 17, 2012; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the following described area, situated in Franklin County, Washington to- wit: Beginning at the intersection of the north right-of-way line of SR -12 and the east line of Section 34, Township 9 North, Range 30 East, W.M. said point being the True Point of Beginning; Thence northerly, along the said east line, to the northeast corner of said Section 34; Thence northerly, along the east line of Section 27, Township 9 North, Range 30 East, W.M. to the northeast corner of said Section 27; Thence westerly, along the north line of said Section 27, to the west right-of- ay line of Commercial Avenue; Thence northerly, along a line parallel with the east line of the southwest quarter of Section 22, Township 9 North, Range 30 East, W. M. to the north right -of -way line of Pasco - Kahlotus Road; Thence northeasterly, along said north right -of -way line to the east line of southwest quarter of said Section 22; Thence northerly, along said east line, to the intersection of said east line with the southerly line of the parcel of land shown on Record of Survey filed for record in the office of the Franklin County Auditor under Fee Number 448594; Thence northwesterly along the southerly and westerly line of said parcel of land, to the north line of the southwest quarter of said Section 22; Thence westerly, along the north line of said southwest quarter to the east right-of-way line of Dietrich Road; Thence southerly along said east right -of- way line to the southwest corner of the parcel of land shown on Record of Survey filed for record in the office of the Franklin County Auditor under Fee Number 1598719, said corner being 30236 feet southerly of the centerline of Commercial Avenue; Thence southerly to the north line of said Section 27 and continuing southerly to the intersection with the northerly right -of -way line of SR- 12; Thence southeasterly along said right -of -way to the True Point of Beginning; as depicted in the map attached hereto and labeled Exhibit "1" and the same is hereby annexed to the City of Pasco and is hereby declared to be within the corporate limits of the City of Pasco. Section 2. That the Comprehensive Plan of the City of Pasco be and the same is hereby adopted for the above described tract of land. Section 3. That said tract of land shall not assume any portion of the existing bonded indebtedness of the City of Pasco. Section 4. That said tract of land shall be in Voting District # I. Section 5. That a certified copy of this ordinance be and the same shall be filed with the Franklin County Commissioners. Section 6. This ordinance shall be in full force and effect on February 1, 2013. PASSED by the City Council of the City of Pasco this 17th day of December 2012. Matt Watkins, Mayor AT C) 7 40 De ra Clark, City Clerk 2- APPR AS TO FOR Leland B. Kerr, City Attorney Exhibit 1 Item: Commercial/Kahlotus Annexation Applicant: (Multiple Owners) N File #: ANX 2012 -003 Annexation m'J LL LL LU ` yI Ie M f LJ, M j T L L Area Affidavit of Mailing In regards to MF# SP2025-003 I, Carmen Patrick, hereby confirm that notification was sent by mail April 22 , 2025 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 22nd day, April of 2025 . ~-~RMLlD Representative 's Signature (1ty o/ sco Community Development Department PO Box 293,525 N 3'° A,e , Pasco WA 99301 P 509 545 3441 / F. 509 545 3499 PUBLIC NOTICE Si necesita ayuda para entender este aviso o necesita mas informaci6n, por favor Ila me al Departamento de Desarrollo Comunitario y Econ6mico de la Ciudad de Pasco a 509-545-3441. A Public Hearing with the Hearing Examiner will be held on May 14, 2024, at 6:00 pm Place: Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco Washington . Proposal: Brandon Jordan on behalf of Northwest Laborers-Employers Training Trust has submitted a Special Permit Application (SP 2025-003) to operate a trade school within an existing building that was previously used as a warehouse. The proposal is at 420 Venture Rd . (Parcel # 113720108) in Pasco, WA 99301. The proposal is subject to regulations contained in the Pasco Municipal Code. Public Comment Period: Written comments must be submitted to the Community Development Department by 5 :00 p.m. on May 14, 2024, to be included in the written record . If you have questions on the proposal, contact the Planning Division at (509) 905 -2604 or via e-mail to : gundersona@pasco -wa .gov . If you wish to participate in the hearing virtually, please register at least 2 hours prior to the meeting at the following registration link: www .pasco -wa .gov/publiccomm en t After registering, you will receive a confirmation email containing information about joining the webinar. Estimated Date of the Decision: It is estimated that the Hearing Examiner will make a decision on the special permit within ten (10) business days of the public hearing . Prepared 21 April 2024 by: Aaron Gunderson, Planner II , PO Box 293 Pasco , WA 99301 (509) 545-3441 The City of Pasco welcomes full participation in public meetings by all citizens . No qualified individual with a disability shall be excluded or den ied the benefit of part icipating in such meetings . If you wish to use auxil iary aids or require ass istance to comment at this public meet ing, please contact the Commun ity Development Department at (509) 545-3441 or TDD (509) 585-4425 at least ten days pr ior to the date of the meet ing to make arrangements for special needs. \JAME STATE OF WA-DEPT OF NATURAL '.::SS POTATO FARMS LLC JREGON POTATO COMPANY \JORTHWEST LABORERS -EMPLOYERS TRAINING :::ORIA AND SONS LLC 1/ALDEMAR & MAGDALENA ROMERO ·<:!DWELL FAMILY LLC ADDRESS PO BOX 47014 PO BOX 2733 6610 W COURT ST STE B • 27005 OHIO AVE NE 4721 INDIAN RIDGE DR 701 N VOLLAND ST 2921 N ROAD 64 CITY OLYMPIA PASCO PASCO KINGSTON PASCO KENNEWICK PASCO STATE ZIP WA 98504 WA 99302 WA 99301 WA 98346 WA 99301 WA 99336 WA 99301 Community Development Department PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 PUBLIC NOTICE Si necesita ayuda para entender este aviso o necesita más información, por favor llame al Departamento de Desarrollo Comunitario y Económico de la Ciudad de Pasco a 509-545-3441. A Public Hearing with the Hearing Examiner will be held on May 14, 2024, at 6:00 pm Place: Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco Washington. Proposal: Brandon Jordan on behalf of Northwest Laborers-Employers Training Trust has submitted a Special Permit Application (SP 2025-003) to operate a trade school within an existing building that was previously used as a warehouse. The proposal is at 420 Venture Rd. (Parcel # 113720108) in Pasco, WA 99301. The proposal is subject to regulations contained in the Pasco Municipal Code. Public Comment Period: Written comments must be submitted to the Community Development Department by 5:00 p.m. on May 14, 2024, to be included in the written record. If you have questions on the proposal, contact the Planning Division at (509) 905-2604 or via e-mail to: gundersona@pasco-wa.gov. If you wish to participate in the hearing virtually, please register at least 2 hours prior to the meeting at the following registration link: www.pasco-wa.gov/publiccomment After registering, you will receive a confirmation email containing information about joining the webinar. Estimated Date of the Decision: It is estimated that the Hearing Examiner will make a decision on the special permit within ten (10) business days of the public hearing. Prepared 21 April 2024 by: Aaron Gunderson, Planner II, PO Box 293 Pasco, WA 99301 (509) 545-3441 The City of Pasco welcomes full participation in public meetings by all citizens. No qualified individual with a disability shall be excluded or denied the benefit of participating in such meetings. If you wish to use auxiliary aids or require assistance to comment at this public meeting, please contact the Community Development Department at (509) 545-3441 or TDD (509) 585-4425 at least ten days prior to the date of the meeting to make arrangements for special needs. Rebecca Francik 2021 N Commercial Ave Pasco, WA 99301 April 25, 2025 To whom it may concern, Basin Disposal has no issue with the proposed conversion of a warehouse at 420 Venture Rd. (Parcel #113720108) into a construction trade school. Basin does note the site plan as presented lacks designated placement for carts or bins required for the disposal of solid waste. As the only legally authorized G-certificate holder in Franklin County, Basin Disposal looks forward to assisting you with your disposal needs. Depending on the size of your disposal bin/bins I have listed some access requirements below. Chris Tiboni, our Route Manager, is quite knowledgeable and will be able to help you plan any disposal needs you have. Feel free to call him (509) 547-2476. ❑ Location Requirements: o The enclosure shall be located a minimum of 14’ from any utilities, above or below ground; o Solid waste containers must not be located under overhead wires, tree branches or other overhead obstructions; and o The distance from the enclosure to any obstruction shall not be less than 40’. We invite to you call (509) 547-2476 when you are ready to schedule solid waste services. Respectfully yours, Rebecca Francik Rebecca Francik Government Relations Basin Disposal, Inc. Industrial DNR Reserve Medium Industrial Light Industrial REPORT TO HEARING EXAMINER PUBLIC HEARING City Hall – 525 North Third Avenue – Remote WEDNESDAY, 14 May 2025 6:00 PM 1 MASTER FILE #: Z 2025-004 APPLICANT: Shane O’Neill of Clover Planning & Zoning, on behalf of Jesus Higareda Diaz 6904 Rogue Drive Pasco WA 99301 REQUEST: REZONE: Diaz Rezone from C-1 (Retail Business District) to MU (Mixed-Use District) TIMELINE 17 March 2025 Application Submitted 18 March 2025 Application Deemed Complete 07 April 2025 Notice of Application with Optional SEPA Determination of Non-Significance (NOA/ODNS) dated April 07, 2025 was posted on the City of Pasco and mailed to properties within 300 feet of subject property. 07 April 2025 NOA/ODNS posted on-site on subject property, published in Tri-City Herald Newspaper, and posted on SEPA Register website. 22 April 2025 Public Comment received from Colville Confederated Tribes (CCT) 23 April 2025 Notice of Public Hearing for Z2025-004 scheduled for May 14, 2025, was posted on the City of Pasco website, published in the Tri-City Herald Newspaper, and mailed to properties within 300 feet of proposed rezone. 25 April 2025 SEPA Mitigated Determination of Non-Significance issued for SEPA2025-012 posted on SEPA register. 05 May 2025 SEPA Mitigated Determination of Non-Significance for SEPA2025-012 distributed to Parties of Record. 07 May 2025 Public Hearing Staff Report Published BACKGROUND 1. PROPERTY DESCRIPTION: Legal: THE PORTION OF BLOCK 1, TOGETHER WITH VACATED ALLEYS AND STREETS WHICH LIE WITHIN THE WEST 250 FEET OF THE EAST 460 FEET OF THE NORTH 290 FEET OF O'KEEFE'S THIRD 2 ADDITION TO PASCO, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME "B" OF PLATS, PAGE 37, R (Northern part of Parcel 119451320). General Location: South of West Sylvester Street and West of North 20th Avenue, Pasco, Franklin County, WA. Property Size: Northern area of parcel subject to zone change is approximately 1.66 acres in size (72,309.6 square feet). 2. ACCESS: Area of parcel being rezoned has access to West Sylvester Street. 3. UTILITIES: Property is currently not being served by municipal water and sewer. 4. LAND USE AND ZONING: The site is zoned C-1 (Retail Business District) and is vacant. Surrounding properties are zoned as follows: NORTH: C-1 Retail Business EAST: C-1, C-3 Retail Business, General Business SOUTH: R-1-A2 Low-Density Residential Alternative WEST: C-1 Retail Business 5. Comprehensive Plan: The Comprehensive Plan designates the section of the parcel under consideration of zone change as “Mixed Residential and Commercial.” The Mixed Residential and Commercial designation allows for R-1 through R-4, C-1, O, and MU zoning; development may be a combination of mixed-use residential and commercial in the same development, including single-family dwellings, patio homes, townhouses, apartments and condominiums at a density of 5 to 29 dwelling units per acre, as well as neighborhood shopping and specialty centers, business parks, service and office uses. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the State Environmental Policy Act (“SEPA”) checklist, Comprehensive Plan, applicable regulations, and other information, a threshold determination resulting in a Mitigated Determination of Non-Significance (MDNS) was issued for this project on 25 April 2025, under WAC 197-11-355. ANALYSIS Request Shane O’Neill of Clover Planning & Zoning, on behalf of Jesus Higareda Diaz has submitted a rezone application (Z 2024-005) from C-1 (Retail Business District) to MU (Mixed-Use District), for THE PORTION OF BLOCK 1, TOGETHER WITH VACATED ALLEYS AND STREETS WHICH LIE WITHIN THE WEST 250 FEET OF THE EAST 460 FEET OF THE NORTH 290 FEET OF O'KEEFE'S THIRD ADDITION TO PASCO, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME "B" OF PLATS, PAGE 37, R (Northern part of Parcel 119451320), located south of West Sylvester Street and West of North 20th Avenue, Pasco, Franklin County, WA. Site The site comprises approximately 1.66 acres (72,309.6 square feet) and is vacant. History The site was annexed into the City in 1971 (Ordinance 1488) and was assigned the zoning of C-1 (Commercial) within the same ordinance. The 2018-2038 Pasco Comprehensive Plan Land Use Map 3 designates the site for "Mixed Residential and Commercial Land Use;" however, at the time of Comprehensive Plan adoption, the City did not have a zoning district to facilitate the intent of that Mixed Residential and Commercial land use classification. In May of 2023 City Council approved Ordinance 4668, amending the Pasco Municipal Code Section 25.20.010 “Establishment of Zoning Districts" and Chapter 25.127 "WD Waterfront Development District" replacing the " WD District" with " MU Mixed-Use District," allowing for Mixed-Use developments citywide, consistent with the Comprehensive Plan. 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 site was zoned C-1 (Retail Business District) zoning in 1971 (Ordinance 1488). 2. The changed conditions, which are alleged to warrant other or additional zoning: Passage of Ordinance 4668 (May 2023) modifying the City’s zoning code and providing for a Mixed-use zoning option is the primary changed condition allowing the rezone. Additionally, the City of Pasco has been growing rapidly over the last twenty years, which in turn has created the need for more diverse types of housing and commercial development. The properties were changed to a “Mixed Residential and Commercial” classification during the city’s periodic update to the Comprehensive Plan. With that land use classification, present market conditions/interest, and presence along West Sylvester Street, the proposal area is ripe for mixed-use development, except for the current zoning designation. The proposed rezone would allow the site to be developed as intended per the Comprehensive Plan land use map. 3. Facts to justify the change on the basis of advancing the public health, safety and general welfare: A rezone from Retail Business (C-1) to Mixed-Use (MU) would allow for an increased supply of housing without putting further pressure on expanding Urban Growth Boundaries. It would also provide the ability to increase the amount of affordable housing options for residents in Pasco. Additionally, Ben Franklin Transit’s 22nd Avenue Transit Center is located approximately .08 miles from the proposed zone change site. There are also newly installed bike lanes directly off West Sylvester Street. There is a grocery store [SuperMex] located approximately .09 miles from the area of proposed zone change. It is also located approximately .04 miles from Rowena Chess Elementary School and approximately .24 miles from Issac Stevens Middle School, along with it being approximately .61 miles from Pasco High School. Having transit, school, and grocery options will “…encourage a vibrant and active neighborhood, promoting both economic growth and enhanced social interaction [Z2025-004 Narrative, Pg.3].” 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. According to the table in Pasco Municipal Code (PMC) 25.215.015, the Mixed Residential and Commercial classification is intended to “Allow a combination of mixed-use residential and commercial in the same development. Single-family dwellings, patio homes, townhouses, apartments, and condominiums at a density of 5 [7 units per acre as prescribed in PMC 25.170.070(2)(C)]to 29 dwelling units per acre. Neighborhood shopping and specialty centers, business parks, service and office uses.” Further, the adjacent property’s value and character are not anticipated to be negatively affected because mixed-use development has been established by City Council as an appropriate and beneficial use of the 4 site as set out in the City’s approved Comprehensive Plan. The site of the proposed zone change is located near transit, schools, and shopping, which furthers the viability for changing the zoning to Mixed-Use. The rezone application is consistent with and meets the intent of the goals and policies of the Comprehensive Plan. 5. The effect on the property owner or owners if the request is not granted: If the site remains with the current zoning designations the site may remain underutilized, and the owner will not be able to deliver a mixed-use project that can put ideals related to the following themes [from the City’s Comprehensive Plan- Land Use Policy LU-4-F)] into action: “smart growth, infill, and compact developments with transit and pedestrian amenities that promote a healthy community.” Applicant also laid out the following negative effects within their application narrative; Limited development options, reduced property value, missed economic opportunities, increased development costs for commercial-only use, inflexibility to adapt to market trends, and longer timeframe for development [Z2025-004 Narrative, Pg. 4-7]. 6. The Comprehensive Plan land use designation for the property The Land Use Element of the Comprehensive Plan designates the lot “Mixed Residential and Commercial District;” both the current and the proposed zoning district are compatible with the Comprehensive Plan Land Use designation. 7. Such other information as the Hearing Examiner requires The rezone application is consistent with and meets the intent of the Comprehensive Plan, and City Council Goals. The opportunity for a mix of residential and retail commercial uses in this area supports the Land Use Element of the Comprehensive Plan. STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Hearing Examiner may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. Public notice of this hearing was sent to property owners within 300 feet of the property and posted in the Tri-City Herald on 23 April 2025. 2. Applicant wishes to rezone northern portion of parcel 119451320, Pasco, Franklin County, WA from C-1 (Retail Business District) to MU (Mixed-Use District). 3. Area of proposed zone change is located South of West Sylvester Street near the intersection between West Sylvester Street and North 20th Avenue. 4. Area of proposed zone change comprises approximately 1.66 acres (72,309.6 square feet). 5. Area of proposed zone change is currently vacant. 6. Area of proposed zone change was annexed into the City in 1971 (Ordinance 1488) 7. Area of proposed zone change was assigned C-1 (Commercial) zoning as part of the 1971 annexation. 8. The 2018-2038 Pasco Comprehensive Plan Land Use Map designates the site for "Mixed Residential and Commercial Land Use;" 9. At the time of Comprehensive Plan adoption, the City did not have a zoning district to facilitate the intent of the Mixed Residential and Commercial land use classification. 10. In May of 2023 City Council approved Ordinance 4668 which amended PMC 25.20.010 and Chapter 25.127 replacing the " WD District" with "MU Mixed-Use District," 5 11. The Ordinance 4688 Code Amendment allows for Mixed-Use developments citywide, consistent with the Comprehensive Plan. 12. Area of proposed zone change is located approximately .08 miles from Ben Franklin Transit’s 22nd Avenue Transit Center, there are also bike lines located directly off West Sylvester Street. 13. Area of proposed zone change is located nearby shopping areas, including a grocery store located approximately .09 miles away. 14. Area of proposed zone change is located approximately .04 miles from Rowena Chess Elementary School, .24 miles from Issac Stevens Middle school, and approximately .61 miles from Pasco High School. TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of a rezone, the Hearing Examiner must develop findings of fact from which to draw its conclusions based upon the criteria listed in PMC 25.210.060. The criteria are as follows: 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. The Land Use Element of the Comprehensive Plan designates the lot “Mixed Residential and Commercial District.” The proposed MU zoning district would be in alignment with the Land Use map within the City’s Comprehensive Plan. Future potential development could additionally foster or help to implement the following goals/policies from the Comprehensive Plan: Land Use Element Goal 4: Increase community accessibility through proper land use planning. Policy 4-B: Encourage infill and higher density uses within proximity to major travel corridors and public transportation service areas. • Proposed zone change is located near a transit center and bike lanes. It is also located near an intersection of a Minor Arterial (West Sylvester Street) and a Principal Arterial (North 20th Avenue). Policy 4-C: Encourage the development of walkable communities by increasing mixed-use (commercial/residential) developments that provide households with neighborhood and commercial shopping opportunities. • Proposed zone change is located nearby shopping areas, including a grocery store. The proposed zone change could also provide the ability to locate some commercial development on-site, furthering the ability to provide shopping opportunities within walking distance. Policy 4-F: Support mixed-use, smart growth, infill, and compact developments with transit and pedestrian amenities that promote a healthy community. • Mixed-Use Zoning District provides for dwellings at a density of between 5 [7 units per acre as prescribed in PMC 25.127.070(2)(C)] and 29 dwelling units per acre. There are also schools ranging from elementary to high school located less than one mile from the site. It is also located near a transit center, with bike lanes located directly off West Sylvester Street. Land Use Element Goal 5: Maintain a broad range of residential land use designations to accommodate a variety of lifestyles and housing opportunities. Policy 5-A: Allow a variety of residential densities throughout the UGA. 6 • PMC 25.127.020(2) allows for single-family detached, single-family attached (duplexes and townhouses), and two-family/multiple (family) dwellings. Purpose statement for the Mixed-Use Zoning District states the intent of the district is “…to provide a high level of diversity in housing types including townhouses and flats in mid-rise buildings ranging from two to six stories… [PMC 25.127.010].” Policy 5-B: Encourage higher residential densities within and adjacent to major travel corridors, downtown (Central Business District), and Broadmoor. • Site of proposed zone change is located near an intersection of a Minor Arterial (West Sylvester Street) and a Principal Arterial (North 20th Avenue). Land Use Element Goal 6: Encourage distinctive quality community and regional commercial and industrial developments that support the City’s overall development goals. Policy 6-A: Encourage commercial and higher-density residential uses along major corridors and leverage infrastructure availability. • Site of proposed zone change is located near major corridors and has water and sewer lines located near the project. There are also bike lanes located directly off West Sylvester Street and is located near a transit center. Housing Element Goal 1: Encourage housing for all economic segments of the City’s population consistent with the local and regional market. Policy 1-A: Allow for a full range of housing including single family homes, townhouses, condominiums, apartments, and manufactured housing, accessory dwelling units, zero lot line, planned unit developments, etc. • PMC 25.127.020(2) allows for single-family detached, single-family attached (duplexes and townhouses), and two-family/multiple (family) dwellings. Purpose statement for the Mixed-Use Zoning District states the intent of the district is “…to provide a high level of diversity in housing types including townhouses and flats in mid-rise buildings ranging from two to six stories… [PMC 25.127.010].” Policy 1-B: Higher intensity housing should be located near arterials and neighborhood or community shopping facilities and employment areas. • Mixed-Use Zoning District provides for dwellings at a density of between 5 [7 units per acre as prescribed in PMC 25.127.070(2)(C)] and 29 dwelling units per acre. There are also schools ranging from elementary to high school located within one mile of the site. It is also located near a transit center, with bike lanes located directly off West Sylvester Street. There are also shopping areas located nearby, which includes a grocery store. Housing Element Goal 4: Support efforts to provide affordable housing to meet the needs of the community. Policy 4-C: Increase housing supply and diversity through appropriate and flexible development standards. • Changing the zoning to Mixed-Use will increase the amount of housing supply and diversity by allowing multi-family housing, along with the potential of commercial development to service the area. Economic Development Element Goal 1: Maintain economic development as an important and ongoing city initiative. 7 Policy 1-F: Support and encourage residential/commercial mixed-use developments that provide neighborhood shopping and services and promote walkable neighborhoods. • Changing the zoning to Mixed-Use will allow for the placement of housing nearby a shopping center with a grocery store. There is also a transit center and bike lanes located near the site. Additionally, there are multiple schools ranging elementary to high school located within one mile of the site. All of those are key components in the development and promotion of a walkable neighborhood. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. The proposal will not be materially detrimental on the immediate vicinity. Adjacent parcel to the north has the same comprehensive plan land use designation as the proposed area, with surrounding properties having a mixture of commercial and low-density residential comprehensive plan land use designations. The MU district’s permitted uses would not produce excessive noise, air, or other forms of pollution detrimental to nearby land uses. The “Mixed Residential and Commercial District” designation allows for a mixture of residential, commercial, and neighborhood retail/office uses. Area of the proposed zone change is located near a Ben Franklin Transit center, bike lanes, and existing shopping centers. There is also a nearby manufactured home park and apartment complexes. The application for rezone is consistent with the Comprehensive Plan Land Use Element and meets the intent of the Goals and Policies for the property. 3. There is merit and value in the proposal for the community as a whole. The proposed zoning designation is consistent with the Comprehensive Plan Land Use Map and the Goals and Policies as adopted by the Pasco City Council. In addition to fulfilling the goals and policies of the Comprehensive Plan, the proposal includes infill development and promotes a healthy and robust mixed- use environment. 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. The rezone application and anticipated project are subject to the regulations and requirements of the Pasco Municipal Code and the City of Pasco Design and Construction Standards. As such, no conditions should be imposed; any future development will be evaluated for significant adverse impacts at the time of a development application, which will also be subject to review under the State Environmental Policy Act (SEPA). Nonetheless, staff would like to bring it to the applicant’s attention that a sewer main will likely need to be extended at the time of build to the property. Currently there is no sewer main running along the section of West Sylvester Road in front of the property. However, any specific requirements will not be determined until a building permit is submitted to our office. 5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. If or when applicants pursue the development of this property, they will be required to conform to design standards established by the PMC. No Concomitant Agreement is considered necessary for this application. 8 RECOMMENDATION Staff recommends based on the Findings of Fact and Conclusions herein, that the northern part of Parcel #119451320, be rezoned from C-1 (Retail Business District) to MU (Mixed-Use District). 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: Z2025-004/SEPA2025-012 TYPE OF APPLICATION: Rezone/SEPA Environmental Checklist APPLICANT: Shane O’Neill Clover Planning & Zoning, LLC 6904 Rogue Dr. Pasco, WA 99301 PROJECT NAME: W. Sylvester St. C-1 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: 03/18/2025____________ Staff Contact: Aaron Gunderson Planner II, Community and Economic Development 509.905.2604/gundersona@pasco-wa.gov Jesushd73@gmail.com 509-727-3877 03/17/2025Z2025-004 Page 1 of 7 DIAZ REZONE C-1 TO MU Clover Planning & Zoning, LLC Land Use Services Consultant 3/17/2025 To: City of Pasco Hearing Examiner and Planning Department Staff From: Shane O’Neill, Senior Planner, Clover Planning & Zoning LLC Subject: Site-Specific Rezone (C-1 to MU) Site: Franklin County tax parcel #: 119451320 Request The owner of Franklin County tax parcel #: 119451320, Jesus Diaz, requests to convert a portion of the parcel from C-1 zoning to Mixed-Use zoning. A legal description of that portion of the parcel subject to the rezone request is provided here: THE PORTION OF BLOCK 1, TOGETHER WITH VACATED ALLEYS AND STREETS WHICH LIE WITHIN THE WEST 250 FEET OF THE EAST 460 FEET OF THE NORTH 290 FEET OF O'KEEFE'S THIRD ADDITION TO PASCO, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME "8" OF PLATS, PAGE 37, RECORDS OF FRANKLIN COUNTY, WASHINGTON. (ALSO KNOWN AS PARCEL A OF RECORD OF SURVEY RECORDED DECEMBER 16, 1998 UNDER AUDITOR'S FILE NO. 1560058) A series of maps highlighting that portion of said parcel subject to rezoning, are included herewith as Exhibit 3 together with images of the vicinity (Exhibit 4). The language below provides applicable Zoning Code regulations and responses to codified review criteria. City staff and the Hearing Examiner are invited to borrow any of the statements below for use as findings of fact, conclusions of law, and/or conditions of approval. Page 2 of 7 DIAZ REZONE C-1 TO MU Pasco Comprehensive Plan The Land Use Map (LU-1) in Pasco’s Comprehensive Plan designates the site Mixed Residential & Commercial. The proposed Mixed-Use zoning designation conforms to the site’s Mixed Residential & Commercial land use designation (Ordinance 4668A – Exhibit 5). Pasco Municipal Code MIXED-USE DISTRICT Purpose (PMC 25.127.010) The purpose of the mixed-use (MU) district is to allow the location of a compatible and integrated mix of commercial (and office, education and government uses) with residential uses, as established within the comprehensive plan. This zone district is intended to provide a high level of diversity in housing types including townhouses and flats in mid-rise buildings ranging from two to six stories to move toward the City’s land use and housing goals and policies relating to density and a broad range of housing types, as required under the Growth Management Act, Chapter 36.70A RCW. In addition, ground floor neighborhood-scale commercial and/or office uses are encouraged to create a cohesive bike and pedestrian-oriented community. These uses are to be designed to complement and support the nearby retail, office, and residential uses within close proximity to each other resulting in reduced vehicle trips and a more sustainable and convenient environment with potential access to transit. Furthermore, it is the purpose of this chapter to: (1) Create and maintain usable open spaces for the enjoyment of occupants, employees and/or patrons; (2) Encourage a variety of building types including mixed-use structures, for residential and nonresidential uses; (3) Encourage maximum efficiency in the layout of streets, use of “complete streets” that incorporate pedestrian, bicycling, and transit options, utility network and other improvements; (4) Promote the sensitive treatment of significant features of the natural environment, including vegetation, waterways and views and viewsheds; and (5) Provide for developments that result in high quality design. C -1 RETAIL BUSINESS DISTRICT Purpose (PMC 25.85.010) The C -1 retail business district is established to provide for the location of commercial activities outside the central business district that meet the retail shopping and service needs of the community. Requirements for zoning petition. (PMC 25.210.030) The petition for a change of classification must show the following: (1) The date the existing zone became effective; The property was zoned C-1 when annexed to the City in 1971 by Ordinance 1488 (Exhibit 6). Page 3 of 7 DIAZ REZONE C-1 TO MU (2) The changed conditions which are alleged to warrant other or additional zoning; The need for the rezone from C-1 (Retail Business District) to Mixed Use is driven by changed conditions in the area, specifically the increased demand for multi-family residential development. As the population of Pasco continues to grow, there is a need for more housing options, particularly affordable and high-density residential units. This site is well-suited for a mixed-use zoning change to allow for a multi-family residential development that would serve the growing demand for housing. In addition, surrounding areas are transitioning toward higher-density development, and this zoning change aligns with current trends that prioritize mixed-use spaces to provide better access to housing and services. The proximity to transportation corridors further enhances the viability of the site for multi-family housing development, which requires the infrastructure and flexibility that Mixed Use zoning provides. (3) Facts to justify the change on the basis of advancing the public health, safety and general welfare; The rezone to Mixed Use will significantly benefit the public health, safety, and general welfare, especially by facilitating the development of multi-family housing. A multi-family residential development will increase housing supply, addressing current housing shortages and helping to reduce the pressure on other residential areas where the City Limits and Urban Growth Boundary are being expanded to make room for more housing, contrary to the mandates of Washington’s Growth Management Act. This development will contribute to the overall affordability of housing by increasing options for residents in Pasco. Additionally, multi-family residential developments promote walkability, as they are often located near retail, recreational, and public services, reducing reliance on vehicles and improving air quality. The site is adjacent to the newly installed bike lane called for in Pasco’s Bicycle & Pedestrian Master Plan. The subject site lies immediately south of the Be-Franklin Transit center on N 22nd Ave, behind the SuperMex grocery store. By fostering a mixed-use environment, new residents will have easy access to essential services, creating a more vibrant, sustainable, and cohesive community. The introduction of a higher-density residential area will also support local businesses by increasing the population base and demand for nearby services. By allowing a blend of residential, commercial, and recreational uses, the rezone can help reduce traffic congestion and improve the overall quality of life for residents by providing amenities within close proximity to where people live. Additionally, the rezone supports the development of affordable housing and small businesses, which can offer economic opportunities and improve social stability. The integration of residential units with commercial establishments will encourage a vibrant and active neighborhood, promoting both economic growth and enhanced social interaction. (4) The effect it will have on the value and character of the adjacent property and the Comprehensive Plan; The proposed rezone and subsequent multi-family residential development will positively impact the value and character of adjacent properties. The introduction of higher-density residential units in a mixed- use zone will likely increase property values in the area by creating a more attractive and active Page 4 of 7 DIAZ REZONE C-1 TO MU neighborhood. The development will provide new housing opportunities, enhancing the livability of the area and offering a variety of residential options for different income levels. From a character perspective, the rezone will foster a more diverse and dynamic neighborhood that includes both residential and commercial components, aligning with the goals of the Pasco Comprehensive Plan. The Comprehensive Plan emphasizes the importance of mixed-use development to create well-balanced neighborhoods that are sustainable, accessible, and support a range of housing types. This proposed development supports that vision by offering multi-family housing within a mixed-use context, which aligns with the city’s goal to enhance residential development and foster economic and social vitality. The site lies within walking distance of a shopping center with a grocery store and a public transit center. (5) The effect on the property owner or owners if the request is not granted; If the request to rezone Franklin County Tax Parcel #119451320 in Pasco, WA, from C-1 (Retail Business District) to Mixed Use is not granted, the primary effects on the property owner could include the following: 1. Limited Development Options: • Commercial-Only Restrictions: Under the current Retail Business District (C-1) zoning, the property owner would be restricted to developing retail, commercial, and certain service-oriented uses. This zoning limits the ability to incorporate higher-density residential or mixed-use elements, such as multi-family housing, which is in demand in Pasco. The property owner may not be able to take full advantage of the site’s potential for a more diversified, higher-density development. • Inability to Capitalize on Housing Demand : Pasco is experiencing growth and increasing demand for multi-family housing, particularly affordable units. The Retail Business District zoning does not allow for residential development, so the property owner would miss out on this market opportunity if the rezone is not granted. This could result in the property being developed in a manner that doesn't meet the current and future housing needs of the community. 2. Reduced Property Value: • Lower Development Potential: The C-1 Retail Business District zoning is typically more restrictive in terms of what can be developed compared to a Mixed-Use zone. The inability to introduce residential units in the development limits the property’s potential for higher-value, multi-use developments. Consequently, the property value could be lower than if it were rezoned to Mixed Use, which could attract higher-density residential developments that would increase the parcel’s overall value. • Limited Market Appeal: The property may become less appealing to potential developers, investors, or buyers who are seeking flexibility in land use. With the focus on retail and service businesses, and no ability to incorporate residential development, the market for the prope rty could be more limited. This might make it more difficult for the property owner to sell or lease the land at a competitive price. Page 5 of 7 DIAZ REZONE C-1 TO MU 3. Missed Economic Opportunities: • Lack of Mixed -Use Synergies: Mixed-use developments, which combine residential and commercial spaces, tend to foster economic activity and create vibrant communities. Without the rezone, the property owner could miss out on the economic benefits that a mixed-use development would offer, such as the potential for residents to support nearby retail businesses. Additionally, this type of development encourages a diverse range of businesses and services that cater to both residential and commercial needs, driving more foot traffic and economic vibrancy. • Lower Return on Investment (ROI): Multi-family residential developments typically offer a higher return on investment compared to traditional retail-focused developments. If the Retail Business District (C-1) zoning remains, the property owner could be restricted to building only commercial structures, which may not generate the same level of income or financial return as a mixed-use or residential development would. • No I ncrease in Total Assessed Value: A future multi-family residential development will incur a tax assessment and will increase the City’s total assessed value. This value is the basis for the City’s financial leveraging in a variety of debt instruments. If the project is not allowed to proceed as planned, the City will not benefit from this increased assessed value and the benefits derived therefrom. 4. Increased Development Costs for Commercial-Only Use: • Higher Costs for Retail Development : Commercial developments in retail districts often face higher costs in terms of construction and maintenance, especially if the demand for retail space is declining or shifting toward mixed-use or residential options. If the property owner is unable to rezone the land, they may have to build a purely commercial property, which may not be as financially viable or cost-effective in the long term. 5. Inflexibility to Adapt to Market Trends: • Challenges in Responding to Housing Demands: Pasco’s housing market is evolving, with increasing demand for diverse, affordable, and higher -density housing options. The C-1 (Retail Business District) zoning does not allow for the development of residential properties, which could leave the property owner unable to adapt to this growing demand. Without the ability to build multi-family housing or a mixed-use project, the property may fail to meet the changing needs of the city’s population. • Potential Decrease in Marketability: As demand for residential space continues to rise, the owner could find it difficult to market the property effectively with the Retail Business District zoning. The limited use options could make the parcel less attractive to potential investors or developers looking for flexibility in land use. 6. Longer Timeframe for Development: • Delayed or Stagnant Development : If the rezone request is not granted, the property owner might be forced to focus on retail and service-oriented commercial uses that may not be in high Page 6 of 7 DIAZ REZONE C-1 TO MU demand. This could result in a delay in development, as the owner waits for retail demand to rise or seeks out alternative commercial opportunities. Meanwhile, residential developers may bypass the site in favor of locations that offer Mixed Use zoning, where both residential and commercial opportunities are available, further delaying the development process. If the rezone request is not granted, the property owner may face limited development options, reduced property value, and missed economic opportunities. The Retail Business District (C-1) zoning would restrict the property to commercial-only uses, which may not meet the growing demand for residential space in Pasco. This could result in lower returns on investment, longer development timelines, and an inability to adapt to evolving market trends, such as the increasing need for multi-family housing. The owner may miss out on the opportunity to capitalize on a mixed-use development that could offer higher economic and social benefits, both for the property owner and the community. (6) The Comprehensive Plan land use designation for the property; and The Land Use Map in Pasco’s Comprehensive Plan designates this site for “Mixed Residential/Commercial” land uses. PMC 25.215.015 identifies the zones available in the Mixed Residential/Commercial land use designation. The Mixed Residential/Commercial land use designation allows the R-1 through R-4; C-1 and O; Waterfront zones to be assigned. On May 1, 2023, City Council adopted Ordinance 4668A (Exhibit 5) which effectively converted the Waterfront zone to a new district called Mixed-Use, though apparently the City neglected to amend PMC 25.215.015 accordingly. CONCLUSION The proposed rezone of Franklin County Tax Parcel #119451320 from C-1 (Retail Business District) to Mixed-Use represents a critical opportunity to enhance the development potential of the property, align with Pasco's Comprehensive Plan, and meet the growing demand for housing in the region. This rezone would facilitate the creation of a vibrant, multi-use development that supports the city's goals of efficient land use, urban infill, and economic sustainability. The Mixed-Use zoning will provide the flexibility needed to integrate residential, commercial, and recreational spaces, offering a diverse range of housing options, including multi-family units, that contribute to the city's growth and quality of life. If the rezone request is denied, the property owner would face limited development opportunities under the current C-1 zoning, with restrictions that could hinder the ability to capitalize on market demand for residential spaces and higher-density development. This could result in reduced property value, economic missed opportunities, and slower development timelines. The denial of the rezone would also be contrary to the principles set forth by the Washington Growth Management Act, which advocates for urban infill and sustainable growth, as well as Pasco's Comprehensive Plan, which encourages the creation of diverse, walkable, and transit-oriented communities. Page 7 of 7 DIAZ REZONE C-1 TO MU In conclusion, granting the rezone request will support the city’s long-term development objectives, benefit the property owner through increased development potential and value, and contribute positively to the community by providing much-needed housing and mixed-use opportunities in a well-connected urban area. Please reach out to Clover Planning & Zoning LLC if your review would benefit from any additional information. Sincerely, Shane O’Neill Shane O’Neill Clover Planning & Zoning LLC www.planclover.com (509)713-4560 planclover@outlook.com Exhibit List 1) Site Survey 2) Legal Description 3) Maps 4) Vicinity Images 5) Ordinance 4668A 6) Ordinance 1488 Page 1 of 3 Clover Planning & Zoning, LLC Land Use Services Consultant Z2025-004 ATTACHMENT A The list below provides Pasco’s Comprehensive Plan goals and policies supporting approval of this rezone application together with explanations and reasoning of how our application supports each goal and policy. The following goals and policies affect this application: Goal LU-2, Policies LU-2-A; Goal LU-6, Policies LU-6-A & LU-6-B; Goal ED-1, Policies ED-1-F, ED-1-A, ED-1-F, ED-2-B, ED-2-E, and IM- 1-D. 1. Land Use Goal LU-1: Promote a well-balanced, integrated pattern of land use that fosters an efficient and sustainable urban environment. Policy LU-1.1: Direct growth to areas that are served by urban services and infrastructure, particularly those that support efficient land use and minimize sprawl. • Support for Rezone: The rezone to Mixed Use supports the goal of directing growth to areas already served by urban infrastructure such as roads, water, and sewer systems. The site for the rezone is within Pasco’s Urban Growth Area (UGA) and is located near existing infrastructure, making it an ideal location for urban infill development that is efficient and sustainable. Policy LU-1.2: Promote infill development that uses vacant or underutilized parcels within the city to reduce sprawl. • Support for Rezone: This rezone would transform an underutilized commercial parcel into a mixed-use development with multi-family residential units, which directly supports the policy of infill development. By promoting higher-density residential uses in an already urbanized area, the rezone helps reduce urban sprawl and encourages the efficient use of existing land. 2. Land Use Goal LU-2: Provide a variety of land uses that support economic vitality and enhance the quality of life for Pasco residents. Policy LU-2.1: Provide for a mix of land uses that create a vibrant and well-connected community, offering a variety of housing, employment, and recreational opportunities. • Support for Rezone: The proposed Mixed-Use zoning allows for a mix of residential and commercial uses that create a vibrant community. The inclusion of multi-family housing helps Page 2 of 3 meet the city’s housing needs, while the mixed-use nature allows for opportunities for commercial spaces, creating a more dynamic and connected neighborhood that supports the quality of life for residents. Policy LU-2.2: Encourage a wide range of housing types, densities, and affordability levels, particularly in mixed-use centers. • Support for Rezone: The proposed development will introduce multi-family residential units in a mixed-use context, which aligns with Pasco's goals of providing diverse housing types and densities. By offering higher-density residential development, the project addresses the demand for affordable housing and supports the city’s long-term growth strategy. 3. Land Use Goal LU-3: Support development that fosters sustainable, pedestrian-oriented, and transit-friendly communities. Policy LU-3.1: Promote the development of pedestrian-friendly, mixed-use areas that encourage walking, biking, and transit use. • Support for Rezone: The Mixed Use zoning supports the development of a pedestrian-friendly environment where residential and commercial uses are integrated. This encourages walking and biking by reducing distances between homes, services, and public spaces, aligning with the policy to create a more walkable and sustainable community. Additionally, the proximity to transit corridors further enhances the project's sustainability by providing easy access to public transportation. Policy LU-3.3: Focus higher-density development around transit corridors to enhance accessibility and reduce dependence on automobiles. • Support for Rezone: The parcel is located near major transportation routes, making it a prime candidate for higher-density development. The rezone to Mixed Use will help reduce dependency on automobiles, in line with the Comprehensive Plan's goals to create transit- oriented, high-density developments that are more sustainable and connected. 4. Housing Element Goal H-1: Ensure that sufficient housing opportunities are available to meet the needs of Pasco's growing population. Policy H-1.1: Provide a variety of housing types that accommodate diverse income levels and household sizes. • Support for Rezone: The rezone facilitates the development of multi-family housing, which is crucial for providing diverse housing types in Pasco. The proposal will offer housing options for a variety of income levels, helping to meet the growing demand for affordable and multi- family housing units within the city. Policy H-1.4: Promote the development of higher-density housing within urban areas, particularly near employment centers, transit routes, and essential services. • Support for Rezone: This rezone aligns with the policy of promoting higher-density housing, especially near transportation corridors and essential services. The proposed multi-family development will be located in a prime area for urban housing, where services and transit Page 3 of 3 options are readily accessible, which enhances its potential to serve as an ideal urban infill project. 5. Economic Development Goal ED-2: Foster vibrant and diverse commercial and residential areas. Policy ED-2.1: Encourage development that integrates residential and commercial uses, contributing to the vibrancy and economic vitality of the city. • Support for Rezone: By facilitating a mixed-use development, the rezone supports Pasco’s goal of integrating residential and commercial spaces. The multi-family housing units will be part of a larger development that encourages a diverse range of uses, contributing to a vibrant and economically active community. Conclusion: The proposed rezone of Franklin County Tax Parcel #119451320 from C-1 to Mixed Use is consistent with the Pasco Comprehensive Plan. The plan’s Land Use Goals encourage infill development, promote a mix of residential and commercial uses, and support the creation of pedestrian-friendly, transit-oriented communities. This rezone directly supports these goals by enabling the development of multi-family housing in an area with existing infrastructure and transportation access, which contributes to reducing sprawl, improving the quality of life, and providing sustainable housing options in Pasco. Page 1 of 2 Clover Planning & Zoning, LLC Land Use Services Consultant Z2025-004 ATTACHMENT B Washington Growth Management Act Washington Growth Management Act (GMA) Support for the Rezone: The Washington Growth Management Act (GMA) strongly supports the proposed rezone from C-1 (RETAIL BUSINESS DISTRICT) to Mixed Use, as it promotes urban infill development, enhances sustainability, and encourages efficient land use. The GMA’s key goals include directing urban growth to areas already served by infrastructure, reducing sprawl, and promoting the efficient use of land. By facilitating the development of multi-family residential units on an underutilized parcel within an existing urban area, this rezone directly aligns with the GMA’s principles. 1. Urban Growth Areas (UGAs): The GMA encourages development within designated Urban Growth Areas (UGAs) to prevent sprawl and ensure that growth occurs within areas where infrastructure such as roads, water, and sewer systems are already in place. The site for this rezone is located within the UGA for Pasco, making it an ideal candidate for infill development. The rezone will support the efficient use of land by permitting higher- density, mixed-use development, which can help absorb the growing population in the region without expanding the city’s urban footprint. 2. Increased Housing Options: The GMA emphasizes the need for local governments to ensure that adequate housing is available to meet the needs of the population, especially with respect to affordability and variety. By re-designating this parcel to Mixed Use, the city will be able to create multi-family housing that addresses the region’s growing demand for diverse housing types, particularly affordable and higher-density options. This aligns with the GMA’s goal of promoting residential development in existing urban areas rather than in rural or agricultural zones. 3. Efficient Land Use: The GMA encourages compact, efficient land use that maximizes existing infrastructure and reduces reliance on undeveloped or agricultural land. This rezone would facilitate urban infill by enabling a higher density of development within an already urbanized area, which promotes a more sustainable, walkable, and transit-friendly community. Infill development reduces urban sprawl, minimizes environmental impacts, and ensures that growth is concentrated in areas where services are already available. Page 2 of 2 4. Environmental Sustainability: The GMA emphasizes environmental protection and the need to balance growth with sustainability. Mixed-use zoning in an urban infill context reduces the need for extensive infrastructure expansion and minimizes the environmental impact of urban sprawl. By encouraging multi-family housing, the rezone would help create a more sustainable community by reducing the overall environmental footprint of new development. 5. Transportation Efficiency: The GMA stresses the importance of ensuring that growth is supported by efficient transportation networks. This rezone supports the development of multi-family housing in close proximity to transit corridors, which enhances access to public transportation and reduces the reliance on private vehicles. The mixed-use nature of the development will further support a more walkable and bike-friendly environment, aligning with the GMA’s transportation goals and reducing the carbon footprint of the area. Conclusion: In sum, the Washington Growth Management Act supports this rezone by encouraging urban infill, directing growth into areas with existing infrastructure, promoting housing diversity, and enhancing environmental sustainability. This rezone will help meet the city’s growth needs while adhering to the GMA’s goals of reducing sprawl and improving the efficiency and sustainability of land use. Exhibit 1 DIAZ REZONE LEGAL DESCRIPTION THE PORTION OF BLOCK 1, TOGETHER WITH VACATED ALLEYS AND STREETS WHICH LIE WITHIN THE WEST 250 FEET OF THE EAST 460 FEET OF THE NORTH 290 FEET OF O'KEEFE'S THIRD ADDITION TO PASCO, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME "8" OF PLATS, PAGE 37, RECORDS OF FRANKLIN COUNTY, WASHINGTON. (ALSO KNOWN AS PARCEL A OF RECORD OF SURVEY RECORDED DECEMBER 16, 1998 UNDER AUDITOR'S FILE NO. 1560058) Exhibit 2 SITE Exhibit 3 SITEC-1 C-1 C-1 C-1 SITE SITE SITE PUBLIC TRANSIT GROCERY W. Sylvester St. 22nd Ave Exhibit 4 SITE Looking North W. Sylvester Street 20t h A v e SITE Looking West W. Syl v e s t e r S t 22nd Ave SITE Looking South Looking East SITE 20th Ave W. S y l v e s t e r S t r e e t Exhibit 5 Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 1 ORDINANCE NO. 4668A AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE PASCO MUNICIPAL CODE SECTION 25.20.010 ESTABLISHMENT OF ZONING DISTRICTS” AND CHAPTER 25.127 “WD WATERFRONT DEVELOPMENT DISTRICT” REPLACING THE “WD DISTRICT” TO “MU MIXED-USE DISTRICT.” WHEREAS, the City of Pasco, pursuant to PMC 21.05.020, has identified the benefits in regulating the division of land within the Pasco Urban Growth Area to promote the health, safety, convenience, comfort, urban infill, prosperity, and general welfare of the present and future residents of the Pasco Urban Growth Area; and WHEREAS, the 2018- 2038 Pasco Comprehensive Plan Land Use Policy 4-C encourages the development of walkable communities by increasing mixed -use developments that provide households with neighborhood and commercial shopping opportunities; and WHEREAS, the 2018- 2038 Pasco Comprehensive Plan Land Use Policy 4-F supports mixed-use, smart growth, and compact developments with transit and pedestrian amenities that promote a healthy community; and WHEREAS, in January 2021, the Pasco City Council adopted Ordinance No . 4514, establishing a new Waterfront Development District, in collaboration with the Port of Pasco and their efforts to develop Osprey Pointe; and WHEREAS, the 2018- 2038 Pasco Comprehensive Plan designates multiple areas of the city with the “Mixed Residential and Commercial Land Use” but not currently have a zoning district to facilitate the intent of the land use classification; and WHEREAS, the proposed Mixed-Use District would carry out the intentions of the Comprehensive Plan and the Mixed Residential and Commercial Land Use designation; and WHEREAS, the proposed Mixed-Use District would amend the Waterfront Development District, be renamed the Mixed-Use District, allowing for Mixed-Use developments citywide consistent with the Comprehensive Plan; and WHEREAS, the proposed amendment implements community visioning, public agency plans, and addresses the regions needs for housing and walkable, complete neighborhoods. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: SCRIVENER’S ERRORS This Ordinance corrects Scrivener’s errors and replaces Ordinance No. 4668 See text highlighted in yellow Type text here Exhibit 5 Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 2 Section 1. That Section 25.20.010 entitled “Establishment of zoning districts” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.20.010 Establishment of zoning districts. For the purpose of promoting the public health, safety, morals, and general welfare of the City, the City is divided into the following types of zones: R-T District Residential Transition District R-S-20 District Residential Suburban District R-S-12 District Residential Suburban District R-S-1 District Low-Density Suburban Residential District R-1 District Low-Density Residential District R-1-A District Low-Density Residential Alternative District R-1-A2 District Low-Density Residential Alternative District R-2 District Medium-Density Residential District R-3 District Medium-Density Residential District R-4 District High-Density Residential District RP District Residential Park District O District Office District C-1 District Retail Business District C-2 District Central Business District C-2 Overlay District Central Business Overlay District C-3 District General Business District C-R District Regional Commercial District BP District Business Park District I-182 Overlay District I-182 Corridor Overlay District I-1 District Light Industrial District I-2 District Medium Industrial District I-3 District Heavy Industrial District WD Waterfront Development District Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 3 MU Mixed-Use District Section 2. That Chapter 25.127 entitled “Waterfront Development District” of the Pasco Municipal Code shall be and is hereby amended and shall read as follows: Chapter 25.127 Waterfront Development District Mixed-Use District Sections: 25.127.010 Purpose. 25.127.013 Relation to other codes. 25.127.015 Terms defined. 25.127.020 Permitted uses. 25.127.030 Permitted accessory uses. 25.127.040 Conditional uses. 25.127.050 Prohibited uses. 25.127.060 Unlisted uses. 25.127.070 Development standards. 25.127.010 Purpose. The purpose of the waterfront development (WD) district is to allow the location of a compatible mix of commercial, residential, and recreational uses on parcels situated close to the Columbia River waterfront and within the Osprey Pointe property, historically owned by the Port of Pasco. The purpose of the mixed use (MU) district is to allow the location of a compatible and integrated mix of commercial (and office, education and government uses) with residential uses, as established within the comprehensive plan. This zone district is intended to provide a high level of diversity in housing types including townhouses and flats in mid-rise buildings ranging from two to six stories to move toward the city’s land use and housing goals and policies relating to density and a broad range of housing types, as required under the Growth Management Act, Chapter 36.70A RCW. In addition, ground floor neighborhood-scale commercial and/or office uses are encouraged to create a cohesive bike and pedestrian-oriented community. These uses are to be designed to complement and support the nearby retail, office, and residential uses and within close proximity to each other, located in resulting in reduced vehicle trips and a more sustainable and convenient environment with potential access to transit. Furthermore, it is the purpose of this Chapter to: 1) Create and maintain usable open spaces for the enjoyment of occupants, employees and/or patrons; Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 4 2) Encourage a variety of building types including mixed-use structures, for residential and non-residential uses; 3) Encourage maximum efficiency in the layout of streets, use of “complete streets” that incorporate pedestrian, bicycling, and transit options, utility network and other improvements; 4) Promote the sensitive treatment of significant features of the natural environment, including vegetation, waterways and views and viewsheds; and 5) Provide for developments that result in high quality design. 25.127.013 Relation to other codes. 1) This chapter sets out standards for site development and as such the overlay districts identifying area-specific standards for aesthetics and design (i.e. the Commercial Corridors Design Standards in Chapter 25.135 PMC and the I-182 Corridor Overlay District in Chapter 25.130 PMC) do not apply to property zoned MU. 2) This zone is not to be considered a “residential” zone for purposes of interpretation of other Title 25 regulations. 25.127.015 Terms defined. Artisan manufacturing” means small-scale businesses that manufacture artisan goods or specialty foods. Small manufacturing production primarily focuses on direct sales rather than the wholesale market. Osprey Pointe” means that geographic area situated close to the Columbia River waterfront and within the property known as Osprey Pointe, historically owned by the Port of Pasco. 25.127.020 Permitted uses. The following uses shall be permitted in the waterfront development mixed-use district: 1) Commercial, office, educational, and government uses: a) All uses permitted in the “O” Office district; b) Artisan manufacturing, provided that such uses are intended to be compatible with surrounding development and shall adhere to the following requirements: Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 5 i) Structures shall not encompass more than 10,000 square feet of area, and the 10,000 square foot total shall include all indoor storage areas associated with the manufacturing operation. ii) Outdoor storage is prohibited. iii) Loading docks. Where the site abuts a residential use, the building wall facing such lot shall not have any service door openings or loading docks oriented toward the residential use. iv) Public viewing. Artisan manufacturing uses must accommodate public viewing or a customer service space. Public viewing shall be accomplished with windows or glass doors covering at least 25 percent of the front of the building face abutting the street or indoor lobby wall, allowing direct views of manufacturing. The display area may be reduced below 25 percent where fire-rated separation requirements restrict opening size as determined by the building official. A customer service space including a showroom, tasting room, restaurant or retail space may be provided that substitutes for the exterior public viewing area. v) All uses shall not emit smoke, gas, odor, dust, sound, vibration, soot, heat, glare, or light that is detectable beyond the property line. c) Banks and financial institutions; d) Bars, taverns, and craft breweries, boutique wineries, and small- scale distilleries and/or tasting rooms (any production of product shall be small-scale in nature, with annual production limited to 300 barrels per year of beer or equivalent product); e) Churches and similar places of worship (Osprey Pointe, only); f) Dancing schools; g) Gyms and fitness centers; h) Hotels and motels; i) Laundries/dry cleaners; j) Portable food vending/food trucks; k) Printing shops; Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 6 l) Public or commercial parking garages; m) Public markets for fresh produce and craft work; n) Restaurants and eating establishments, including food halls with shared common areas; o) Stores and shops for the conduct of retail business and similar services in buildings not exceeding 40,000 gross square feet, except that the maximum areas are 80,000 gross square feet at Osprey Pointe, such as: i) Bakeries, retail for distribution from the premises; ii) Barber and beauty shops. iii) Bookstores, except adult bookstores; iv) Catering establishments; v) Artist and office supplies; vi) Florists; vii) Specialty retail stores; viii) Museums and art galleries; ix) Clothing, shoes and accessories, and costume rentals new/unused materials only); x) Crafts, stationery, and gift shops; xi) Department and drug stores; xii) Grocery or specialty food stores; xiii) Furniture and home appliance stores; xiv) Import shops; xv) Jewelry and gem shops, including custom work; xvi) Shoe repair shops; xvii) Sporting goods stores; Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 7 xviii) Tailor and seamstress shops; xix) Upholstery shops. p) Locksmith shops; q) Membership clubs; r) Theaters (movie or live theater); s) Veterinary clinics serving household pets (no boarding or outdoor treatment facilities); and t) Universities, colleges, and business, professional, technical, and trade schools. 2) Residential uses: a) Specific limitations at Osprey Pointe: a)(i) Single-family detached dwellings may be located west of the alignment of South Maitland Avenue at densities prescribed under PMC 25.127.070; b)(ii) Attached single-family dwellings (duplexes and townhouses) may be located east of the extension of South Maitland Avenue, but no further than 500 feet east of the alignment of South Oregon Avenue at densities prescribed under PMC 25.127.070; and c)(iii) Multifamily dwellings may be located no further than 500 feet east of the alignment of South Oregon Avenue. b)(iv) Short-term vacation rental uses, and Bed and Breakfasts may be established where residential uses are allowed. b) Single-family dwellings (including zero-lot-line dwellings); c) Two-family and multiple (family) dwellings; and d) Recreational facilities for residents (i.e. playground, basketball court, bocce ball court). 3) Recreational and entertainment uses: a) Specific provisions at Osprey Pointe: Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 8 b)(i) Indoor and outdoor event and entertainment uses and facilities (commercial or public), not to exceed fifteen acres; c)(ii) Marinas and marine repair facilities; d)(iii) Mixed-use buildings containing any combination of residential, commercial, office, educational, and government facilities in a single building; and e)(iv) Public and private parks and trails. b) Indoor and outdoor event and entertainment uses and facilities commercial or public) 25.127.030 Permitted accessory uses. 1) Accessory dwelling units when associated with a permitted residential use; 2) Family home childcare in conformance with WAC 170-296A-0010; 3) Sheds not exceeding 200 square feet provided they are located in the rear yard of residential uses or a place of business and attached to the primary structure; 4) Private parking lots and garages meeting the development standards of this chapter; 5) Storage facilities accessory to multifamily dwellings for the sole use of residents; 6) Home occupations in accordance with PMC 25.150; and 7) Alcoholic beverage sales; and 8) Private streets, meeting the standards of PMC 25.127.070(14). 9) The keeping of dogs and cats, provided such number of animals does not exceed three dogs and three cats; 10) Swimming pools; and 11) Plazas, courtyard, water features (such as fountains and cascading water features) and other outdoor gathering spaces and amenities. Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 9 25.127.040 Conditional uses. The following uses are permitted subject to the approval of special permit as provided in Chapter 25.200 PMC: 1) Retail, wholesale, and department stores and shops exceeding a gross floor area of 40,000 square feet (or exceeding 80,000 square feet at Osprey Pointe); 2) Landscape gardening and storage area for equipment and materials, provided that plants and materials are located behind a building and are not visible from the public right-of-way or residential uses; 3) Nursing homes and assisted living facilities; 4) Marine gas sales; 5) Gasoline and service stations; 6) Drive-thru uses,; and provided that drive-through aisles shall provide adequate on-site queuing and circulation for users (motorized and non-motorized); 7) Indoor and outdoor event and entertainment uses and facilities (commercial or public), exceeding fifteen acres; and 8) Exceptions to maximum building heights listed in 25.127.070(9); 9) Churches and similar places of worship (Not applicable to Osprey Pointe); and 10) Parks and recreation facilities. 25.127.050 Prohibited uses. The following uses are prohibited in the WD MU district: 1) All uses permitted conditionally in the I-2 Medium Industrial district; 2) Automobile assembly, services, or repair; 3) Vehicle rental; 4) Tire stores; 5) Car washes; 6) Automobile detail shops; Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 10 7) Automobile sales; 8) Auto body shops; 9) Mini-storage facilities; 10) Pawn shops; 11) Card rooms and bingo parlors; 12) Secondhand dealers – similar or like uses although not specifically listed are also prohibited; 13) Adult bookstores or entertainment facilities; 14) Truck stops – diesel fuel sales; 15) Truck terminals; 16) Heavy machinery sales and service; 17) Contractor’s plant or storage yards; 18) Mobile home and trailer sales and service; 19) Veterinarian clinics for livestock, including outdoor treatment facilities; 20) Pharmaceutical laboratories; 21) Industrial medical facilities; 22) Any outdoor manufacturing, testing, processing, or similar activity; 23) On-site hazardous substance processing and handling or hazardous waste treatment and storage facilities; 24) Kennels and animal boarding facilities; 25) The manufacturing, compounding, processing, packaging of cosmetics, pharmacology, and the reducing and refining of fats and oils; 26) Junkyards, automobile wrecking yards, scrap iron, scrap paper, or rag storage, sorting, or baling; 27) Cemeteries; Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 11 28) Recreational vehicle parks; and 29) Outdoor storage of RVs, boats, and trailers.; and 30) Single Room Occupancy units. 25.127.060 Unlisted uses. All unlisted uses shall be classified as conditional uses and require a special use permit under PMC 25.200. 25.127.070 Development standards. 1) All structures, uses, and shoreline modifications shall comply with the City of Pasco Shoreline Master Program (Chapter 29.15 PMC), where applicable. 2) Minimum Density. a) Commercial, office, education and government uses: none. b) Residential uses: 14 units/net acre average for residential portions of the WD district Osprey Pointe (net acre excludes infrastructure, such as roads, utility easements, stormwater infrastructure, and excludes critical areas, and applies to the entire WD district Osprey Point rather than to individual developments). Additionally, residential uses shall not comprise more than 50 percent of the gross land area within the WD district Osprey Pointe. c) Residential Uses: the minimum density is seven units per net acre. For the purposes of this subsection, net acre excludes infrastructure (such as roads, utility easements, stormwater infrastructure), excludes critical areas, and excludes other unbuildable areas such as any required landscape buffer areas, fire lanes and parking lots, and applies to the entire MU district rather than to individual developments. 3) Minimum Lot Area at Osprey Pointe. a) Commercial, office, education and government uses: none. b) Residential uses: 1,000 square feet (single family detached), 1,500 square feet per unit (duplex and single-family attached). There is no minimum lot area for multifamily dwellings. 4) Minimum Lot Width at Osprey Pointe. Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 12 a) Commercial, office, education and government uses: none. b) Residential uses: 35 feet (single family detached), 20 feet per unit duplex and single-family attached). There is no minimum lot width for multifamily dwellings. 5) Lot coverage at Osprey Pointe. Dictated by parking requirements, setbacks and landscaping; 6) Dimensional Standards for lots not located at Osprey Pointe. The following standards shall apply except in cases of a Binding Site Plan or Zero Lot Line development (in which case there are no minimums): a) Minimum Lot Area. i) Commercial, office, education and government uses: none. ii) Residential uses: 1,000 square feet (single-family detached), 1,500 square feet per unit (duplex and single-family attached). There is no minimum lot area for multifamily dwellings. b) Minimum Lot Width. i) Commercial, office, education and government uses: none. ii) Residential uses: 35 feet (single-family detached), 20 feet per unit (duplex and single-family attached). There is no minimum lot width for multifamily dwellings. c) Lot Coverage. All other uses: Dictated by parking requirements, setbacks and landscaping. 6)(7) Minimum Yard Setbacks - Front. a) Commercial, office, education and government uses: none. b) Residential uses: 10 feet (single family detached and attached, and duplexes), 20 feet (garden-style apartments/ condominiums), none for multifamily adjacent to commercial areas or in mixed-use buildings. 7)(8) Minimum Yard Setbacks – Interior Side Yard. a) Commercial, office, education and government uses: none. Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 13 b) Residential uses: 5 feet (for primary structures in single family detached and attached, and duplexes; however, the minimum yard setback is reduced to 3 feet where fire barriers are provided for buildings), 15 feet from other buildings (garden-style apartments/ condominiums), none for multifamily adjacent to commercial areas, in mixed-use buildings or for zero-lot line development. 8)(9) Minimum Yard Setbacks – Street Side Yard and Rear. a) Commercial, office, education and government uses: none. b) Residential uses: 10 feet (single family detached and attached, and duplexes; however, the minimum setback for detached garages is 3 feet), 20 feet from other buildings (garden-style apartments/ condominiums), none for multifamily adjacent to commercial areas or in mixed-use buildings. 9)(10) Maximum Building Height. a) At Osprey Pointe a)(i) Commercial, office, education and government uses: 60 feet. b)(ii) Residential uses: 35 feet (single family detached and duplexes), 40 feet (single-family attached and garden-style apartments/ condominiums), 90 feet (multifamily adjacent to commercial areas or in mixed-use buildings). b) At all other locations i) Commercial, office, education and government uses: maximum 85 feet, except a greater height may be approved by special permit. ii) Residential uses: maximum 15 feet for accessory buildings; maximum 40 feet for detached single-family, duplexes; maximum 45 feet for garden-style courtyard apartments/condominiums; maximum 90 feet for multifamily adjacent to commercial areas or in mixed-use buildings; except that in all cases a greater height may be approved by special permit. iii) Nothing in this chapter precludes the use of rooftop decks or permitted uses to be permitted on the roof provided that building codes are met. 10)(11)Fences and Hedges. Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 14 a) Fences and walls shall meet the requirements of PMC 25.180, with the following exceptions: i. Fences and walls shall be constructed using a combination of natural materials such as wood, stone, or brick including those on industrially used properties. ii. Barbed wire and electrified fencing are prohibited on all properties. 11)(12) Parking and Loading. a) All new uses in the WD MU district must provide parking in accordance with Table 25.127(1). The Community and Economic Development Director may approve ratios lower than the minimum if the new use provides bicycle parking, includes access to an improved bus stop, or will have shared parking spaces. See subsection (d), (e), and (f) of this section pertaining to parking reductions. The Community and Economic Development Director shall determine parking requirements for unlisted uses. Uses which are not listed in the table shall have parking requirements of the nearest analogous use which is included in the table, as determined by the Community and Economic Development Director. If the number of minimum off-street parking spaces required in PMC 25.127(1) contains a fraction, the number shall be rounded up if the fraction is equal to or greater than one-half, and rounded down if less than one-half. b) On-street parking or off-street public parking lots may be used in combination with dedicated off-street parking to accommodate parking demand from individual developments. c) On-street and off-street public parking may be time-limited, metered, or otherwise restricted in order to ensure that parking demand from individual developments does not adversely impact parking availability for the district as a whole and may be managed by either the Port (in the case of Osprey Pointe property), City or an Association/Business Entity depending on public or private ownership). Parking spaces must be located within 500 feet of the proposed use unless the use is listed under the Recreational and Entertainment Use” category in Table 25.127(1) in which case parking may be located off-site, provided that if the parking facility is under different ownership, a written agreement or lease is required. No more than 30 percent of the minimum parking requirement for an individual use may be on-street spaces or off-street public spaces more than 500 feet away from the proposed use except as noted above. Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 15 d) Bicycle parking reduction. For every five bicycle parking spaces provided, the number of vehicle parking spaces may be reduced by one up to maximum of 10 percent of the minimum number of spaces otherwise required. e) Bus stop Transit reduction. Where an improved, permanent bus stop i.e., bus shelter) is located within 1,000 feet of a use, If a site is within ¼ mile of a current, planned, or proposed public transportation facility or service, the required number of parking stalls may be reduced by ten percent. f) Shared Uses. Owners of two or more uses, structures, or parcels of land within 500 feet of each other may share the same parking area when the hours of operation do not overlap. Whenever shared parking is allowed under this section, the parking lot shall be signed so as to reasonably notify the public of the availability of use, and spaces shall not be assigned, allocated or reserved between uses; a notarized and recorded parking agreement shall be required for shared parking between two or more separate tax parcels under separate ownership. g) Special event parking lots used on an infrequent basis such as those associated with seasonal play fields shall be exempt from provisions of this chapter. h) No boat, motor home, camp trailer, trailer, fifth wheel, pickup camper, snowmobile, or utility trailer as defined in PMC Title 25 shall be stored or maintained on any public street, right-of-way, or other public areas. Table 25.127(1): Number of Minimum Required and Maximum Allowed Parking Spaces by Use in the WD MU District Use Category Minimum Maximum COMMERCIAL, OFFICE, EDUCATIONAL, AND GOVERNMENT USES per 1,000 square feet of gross floor area unless otherwise specified) Churches, places of worship, clubs, fraternal societies 1 per 100 square feet main assembly area 1 per 60 square feet of main assembly area Commercial lodging (hotel, motel, bed and breakfast, short-term vacation rentals) 0.5 per room 1 per room Educational Uses Elementary schools 1 per classroom and 1 per employee 1.5 per classroom Middle schools 1 per classroom 2 per classroom High school 7 per classroom 10.5 per classroom Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 16 Universities, colleges, business, professional, technical and trade schools 0.3 per full-time student and 0.8 per employee 0.5 per FTE student and 0.8 per employee Gyms or fitness centers 3 per 1,000 square feet of gross floor area 5 per 1,000 square feet of gross floor area Museums and art galleries 2.5 per 1,000 square feet of gross floor area 4 per 1,000 square feet of gross floor area Offices: Administrative, Professional, Government 2 per 1,000 square feet of gross floor area when located on the ground floor; 1 per 1,000 square feet of gross floor area when located on floors above the ground floor 4 per 1,000 square feet of gross floor area when located on the ground floor; 1 per 1,000 square feet of gross floor area when located on floors above the ground floor Portable food vendors/food trucks None required None required Restaurants/bars/ breweries, wineries, and distilleries 0.5 per 3 seats 1.0 per 3 seats Retail sales and services 3 per 1,000 square feet of gross floor area 5 per 1,000 square feet of gross floor area Wholesale sales 3 per 1,000 square feet of gross floor area 5 per 1,000 square feet of gross floor area RESIDENTIAL USES per unit unless otherwise specified) Single-family detached 1 per unit 2 per unit Accessory dwelling units 0.5 per unit 1 per unit Single-family attached and two-family dwellings 1 per unit 2 per unit Multifamily dwellings 0.75 per unit 1.5 per unit Nursing homes and assisted living facilities 0.25 per bed 0.5 per bed RECREATIONAL AND ENTERTAINMENT USES per 1,000 square feet of gross floor area unless otherwise specified) Public and private parks and trails To be determined during land use approval process Event entertainment (indoor or outdoor)* Does not apply to parking for special events such as but not limited to concerts or performances with conveyance options (such 1 per 8 seats 1 per 5 seats Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 17 as shuttle buses or vans) or shared parking within walking distance Theaters 1 per 4 seats 1 per 2.7 seats INSTITUTIONAL USES per 1,000 square feet of net floor area unless otherwise specified) Hospitals and clinics 1 per bed or exam room 1.5 per bed or exam room Police and fire stations 2 per 1,000 square feet of gross floor area 4 per 1,000 square feet of gross floor area 12)(13)Landscaping. a) Surface parking lots shall be landscaped in accordance with PMC 25.180.070. b) Single-family detached and attached residences and duplexes shall be landscaped in accordance with PMC 25.180.050(4). c) Single-use commercial property shall be screened in accordance with 25.180.050(3). Commercially used property in multistory and/or mixed-use buildings are exempt from landscaping screening requirements. d) No landscape areas shall contain artificial grass, trees, plants or other artificial materials as a live vegetative substitute. e) There shall be at least one tree and three shrubs for every 300 square feet of landscaped area. f) All landscape maintenance shall comply with the provisions of PMC 25.180.120. g) Road Frontage. i) Landscaped buffers on commercial properties adjacent to or across a public or private street or alley from residentially zoned properties must be a minimum of 15 feet in width and may additionally serve as a swale for stormwater provided that at least 50 percent of the total area is vegetated. Landscaped buffers may be substituted for with a plaza with an average minimum width of thirty feet featuring two or more of the following features: street trees in pits, planters that are a minimum of three feet wide and three feet tall featuring vegetation, space for shaded outdoor seating permanent or non-permanent), benches, stamped concrete or pavers, protruding awnings, planted beds, ledges for seating, public art, monument signage, wayfinding signage; such plaza additionally Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 18 serves to substitute for the need of any sidewalk provided that an eight-foot wide unobstructed walking path is established and maintained. ii) Landscaping in the unused portion of the right-of-way shall match the established landscaping pattern and theme for the street. h) Pedestrian Walkways. i) Excluding pedestrian connections through parking lots, walkways shall be landscaped their entire length. Trees shall be a minimum of three feet from sidewalks and curbs at the time of planting, except: A) where tree wells are utilized. B) where sidewalks exceed eight feet in width, in which case a five-foot walking area shall be reserved. 13)(14)Transportation. a) The internal transportation network of the Waterfront District Osprey Pointe shall be designed to maximum maximize multi-modal travel options. b) All transportation infrastructure shall meet the intent of the City Complete Streets Ordinance (PMC 12.15) and comply with the International Fire Code. Dedication of public right-of-way is not required when private streets are used. 14)(15)Design Standards (Transportation Osprey Pointe). a) Applicability. This section applies to development located at Osprey Pointe. a)(b) Speed Limits: 20 MPH. b)(c) Sidewalk Widths: Residential: Minimum 6’ Commercial/Mixed Use: Minimum: 10’ c)(d) Local Access Streets: Driving Lane Minimum width: 11’ Parking Lane Minimum width: 8’ Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 19 Dedicated Bicycle Lane: minimum width: 5’ (where included) d)(e) Alleys: Minimum: 20’ width e)(f) Private Street/Lane: i) Private street improvements for streets providing access to uses which are not single-family residential shall meet the standards for Local Access Roads, at a minimum, with the exception being that sidewalk must be present on at least one side and on-street parking must be present on one side. This will result in a roadway section, with curb and gutter, that measures 31' back-to-back of curb. Street lighting will be provided per the type chosen at the developer’s discretion. ii) Private street improvements for streets providing access to single-family residential uses shall be designed to meet International Fire Code requirements for fire apparatus, including pavement markings and signage for “No Parking – Fire Lane.” Sidewalks are not required when pedestrian paths are provided with a design accommodating pedestrian circulation which is separated from vehicle traffic movements. Streets lighting will be provided per the type chosen at the developer’s discretion. iii) Private streets must not interfere with vehicle, public transportation, or non-motorized access to public areas, and may not preclude the connection of the transportation system. iv) Storm water facilities must be designed to treat and retain all storm water on-site without any runoff entering City of Pasco right- of-way. v) Every private street within the district shall be named, and names shall be clearly posted in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) standard. 16) Design Standards (Transportation). a) Applicability. This section does not apply to development located at Osprey Pointe. b) All street improvements, grades, widths, construction, and design shall comply with the standard and specifications as set forth in the City’s Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 20 adopted Standard Specifications, except as otherwise contained in this section. c) Street layout must be designed for street connectivity between neighborhoods, be pedestrian and bicycle friendly, and promote function, safety and aesthetics with minimum adverse environmental impact. d) Block Length. Blocks shall not exceed 660 feet unless no other practicable alternative is available, as determined by CED Director. i) Exemptions may be permitted when one or more of the following conditions are met: A) Physical characteristics preclude a block length of 660 feet or less. These conditions may include topography or the existence of physical features, including, but not limited to wetlands, ponds, streams, channels, rivers, lakes or steep grades, or a resource under protection by State or Federal law. B) Buildings or other existing development on adjacent lands, including previously subdivided but vacant lots/parcels that physically preclude a block length of 660 feet or less, considering the potential for redevelopment. C) Where the extension of a public street into the proposed development would create a block length exceeding 660 feet, the total block length shall be as close to 660 feet as possible. D) Where block length exceeds the provisions of this section, a mid-block pedestrian and bicycle connection or accessway shall be provided. e) Cul-de-Sac Streets. Cul-de-sacs are not permitted. However, subject to the following, a cul-de-sac street may be allowed where the CED Director determines that environmental or topographical constraints, existing development patterns, legal restrictions, or compliance with other applicable city requirements preclude a street extension. Where the city determines that a cul-de-sac is the only reasonable option, all of the following standards shall be met: i) Cul-de-sac streets shall have a maximum length of three- hundred feet measured from their centerline intersection with the public access street right-of-way to the turnaround. Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 21 ii) The cul-de-sac shall provide, or not preclude the opportunity to later install, a pedestrian and bicycle access way between it and adjacent developable lands. f) Private Streets. Private streets may be allowed subject to the following: i) Private street improvements shall meet the standards for local access roads. ii) An enhanced pedestrian path may be provided in lieu of sidewalk construction where the design to accommodate pedestrian circulation is separated from vehicle traffic movements. iii) Street lighting will be provided per the type chosen at the developer’s discretion. iv) Private streets must not interfere with vehicle, public transportation or nonmotorized access to public areas, and may not preclude the connection of the transportation system. v) Storm water facilities must be designed to treat and retain all storm water on site without any runoff entering City of Pasco right- of-way. vi) Every private street within the district shall be named, and names shall be clearly posted in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) standard. 17) Building Design Standards. a) Applicability. This section does not apply to development located at Osprey Pointe. b) Intent. The intent of this section is to implement the goals and policies of the Comprehensive Plan by promoting high quality development using aesthetically pleasing designs, creating a safe pedestrian-oriented streetscape, and upgrading Pasco’s visual identity, and reduce the impact of parking lots and blank walls. c) All buildings within a multi-building complex must achieve unity of design through the use of similar architectural elements, such as roof form, exterior building design and materials, colors and window patterns. d) All new buildings shall have exterior walls that are constructed of at least one but not more than three of the following materials: wood, brick, Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 22 stucco, steel, block, glass, or composite materials and shall have textured, embossed, sculpted or painted finishes. Exterior walls must include more than two of the following architectural features: columns, pilasters, belt courses, brackets, arches, decorative molding, quoins and similar architectural features. Changes in materials shall occur at inside corners and not outside corners. e) All new retail buildings shall have windows, doors or display areas that cover 50 percent of the ground floor frontage wall area (walls that face frontage streets). Structures facing residential zones or developments are not required to have a minimum amount of glass or display area but must have architectural design features and/or building modulation. f) Pedestrian entries for all structures shall be visible from the frontage street, driveways, and off-street parking areas. Pedestrian entries must be emphasized through landscaped entry approaches consistent with the building design and theme, by the use of modulation to emphasize indentation or protrusion of that portion of the building containing the entrance, or by the inclusion of porte-cochere or other covered entry methods. g) Signage affixed to the building must be no higher than the roofline of the building. h) Wall-mounted electrical and mechanical equipment shall be located on the less visible side of the building and obscured from public view. i) Sidewalk seating. Any food or drink establishment may provide sidewalk seating for its customers adjacent to the place of business meeting the following provisions: i. Five feet of unobstructed sidewalk must be maintained at all times for through travel. ii. If the sidewalk is located in the Right-of-Way, the placement of tables shall be subject to the filing of a satisfactory hold-harmless agreement and primary liability insurance policy suitable to the City Attorney which will indemnify the City and release it from liability. 18) Screening Standards. a) Applicability. This section does not apply to development at Osprey Pointe or residential development. b) All equipment, material or goods not housed or stored within the primary structure shall be within a 100 percent sight-obscuring fence, wall Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 23 or structure, with the exception that outdoor garden sales areas associated with retail buildings must additionally incorporate false walls in the fencing design that match or complement the architectural features of the main building walls. c) Gas meters, electric service boxes and other mechanical equipment shall be screened from public view by sight-obscuring fence, walls, or planting materials. All equipment must remain accessible for the applicable utility. 19) Temporary Business Standards. a) Applicability. This section does not apply to development at Osprey Pointe. b) Temporary businesses are only permitted on lots that are fully developed with curb, gutter and sidewalk and improved with parking lots, landscaping and buildings. c) Temporary businesses must be located at least 100 feet from the property line of any residentially zoned property. d) Goods, wares and merchandise of any kind can only be displayed or offered for sale from the temporary business vehicle or conveyance. e) Limited ancillary or accessory equipment may be utilized with a temporary business and must be temporary in nature and easily removable, such as coolers, umbrellas, tents, tables, and chairs. The following types of ancillary or accessory equipment are not permitted to be used with a temporary business, including but not limited to: benches, picnic tables, propane tanks, awnings, carport structures, satellite dishes, recreational equipment, amusement devices, entertainment equipment, portable or temporary shelters, portable heaters, temporary lighting fixtures, decorative lighting, freezers/refrigerators not located on the business vehicle, carpet, fencing, and faux landscape elements. f) Signage is only permitted on the temporary business vehicle and not on public right-of-way or in parking lots. g) No advertising for services, activities and products that are not available on or from the temporary business vehicle is permitted. h) Temporary businesses must be located at least 25 feet from any public right-of-way. Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 24 i) Temporary businesses must locate in an area of the parking lot that will not impede fire lanes or the use of drive aisles within and around parking lots. j) Required off-street parking cannot be diminished by the location and operation of a temporary business except such parking spaces may be used for temporary businesses on weekends or holidays. 20) Sign Standards. a) Applicability. This section does not apply to development located at Osprey Pointe. b) No sign shall be erected, re-erected, constructed, painted, posted, applied or structurally altered except as provided in this section and pursuant to the approval of the Director of Community and Economic Development. All signs shall comply with the International Building Code and PMC Title 17 and conform to the following. c) Prohibited Signs. i) Signs, which by coloring, shape, wording or location resemble or conflict with traffic control signs or devices; and ii) Signs that create a safety hazard. d) Permitted Signs. i) Permanent subdivision signs or area name signs of a permanent character at street entrances or entrances to a specific area or development. These signs shall not exceed six feet in height; ii) Temporary banners, flags, pennants which are maintained in good condition; iii) Contractor, architect or engineer signs that identify the project are permitted during the period of construction; iv) Standard official, directional, informational, warning, or safety signs and street signs; and v) Portable reader boards, flashing, movable, or moving signs provided that such signs must not be located in view of any residentially zoned land located within 300 feet of the sign. e) Nonconforming Signs. Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 25 i) Signs that were permanently installed and legally erected prior to the adoption of this ordinance shall be allowed to remain in use so long as they are continuously maintained. f) Relief. i) Where relief is sought from the provisions of this section pertaining to signage standards, an application shall be made in the form of a letter explaining the relief sought and the reasons therefor, accompanied by a scaled site plan and a $100.00 fee. The complete application shall be filed with the Director of Community and Economic Development. Within 15 working days from the date of receipt of a complete application, the Director of Community and Economic Development shall issue a written decision to approve, approve with modifications, or deny the request for relief. Any decision of the Director of Community and Economic Development may be appealed to the City Council if written notice of appeal, which shall include all and exclusive reasons for said appeal, is filed with the Director of Community and Economic Development within 10 working days from the date of the decision. In the event a written decision is not issued by the Director of Community and Economic Development within the required time period, the application for relief shall automatically constitute a qualified and properly filed notice of appeal and shall be considered by the City Council in accordance with this section. The City Council, within 30 calendar days from the date of filing of the appeal, shall consider the appeal at a regular meeting thereof, but such consideration shall be limited to the reasons included in the written notice of appeal and shall include the written decision of the Director of Community and Economic Development and the reasons therefor. The City Council may affirm, modify or reverse the decision of the Director of Community and Economic Development. Section 3. Severability. If any section, subsection, sentence, clause, phrase or word of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this Ordinance. Section 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 regulati ons; or numbering or referencing of Ordinances or their sections and subsections. Section 5. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 26 PASSED by the City Council of the City of Pasco, Washington, on this 1st day of May, 2023. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: _________________________ Vol 44 City of Pasco, h-- AUG 6 3;4, 1 7 ORDINANCE NO. 1488 0UUTY, C_4s+:. AN ORDINANCE PROVIDING FOR THE ANNEXATION rn DEPUTY OF A TRACT OF LAND TO THE CITY OF PASCO. 1AIL TO: Pasco Box 293 WHEREAS, a good and sufficient petition has been filed for the annex- ation of a tract of land (hereinafter described) to the City of Pasco, and WHEREAS, proper notice of hearing on said petition has been given in the form and manner required by law, and WHEREAS, a Review Board has been duly convened and has approved said annexation, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: Section 1. The following described tract of land, situated in Franklin County, Washington: Beginning at a point along the North line of Section 25, Township 9 North, Range 29 East, Willamette Meridian, that is thirty (30) feet West of the Northeast corner of said Section 25; thence Westerly along said 'north line (centerline of Court Street) of said Section 25 to the point of intersection with the East line of the Church of God Plat as recorded in Volume C, Page 70, Book of Plats, Franklin County; thence southerly along the East line of said Church of God to the point of intersection with the South line of said Church of God Plat; thence westerly'along said South line of the said Church of God Plat to the point of intersection with the West line of the East half of the Northeast quarter of said Section 25; thence south- erly along the said West line (Centerline Road 24) of the East half of the Northeast quarter of said Section 25 to a point of intersection with the South line of the Northeast quarter of the Northeast quarter of said Section 25; thence easterly along said South line of the Northeast quarter of the Northeast quarter of Section 25 to the point of intersection with the West line of the East half of the East half of the Northeast quarter of said Section 25; thence southerly along said West line (centerline road 22) of the East half of the East half of the Northeast quarter of said Section 25 to a point of intersection with the North line of the Southeast quarter of said Section 25; thence Westerly along said North line of the Southeast quarter of said Sec- tion 25 to a point of intersection with the Northerly projection of the centerline of Reed Street of the vacated corrected plat of O'Keefe's Third Addition as recorded in Volume B, Page 37, Book of Plats, Frank- lin County; thence southerly along the centerline of said Reed Street of said vacated corrected plat of O'Keefe's Third Addition to a point of intersection with the North right-of-way line of West Lewis Street formerly PSH No. 3); thence Southeasterly along said North right-of- way line to the.point of intersection with the North line of the South- east quarter of the Southeast quarter of said Section 25; thence east- erly along the North line of the Southeast quarter of the Southeast quarter of said Section 25 to the point of intersection with a line 40 feet West of and parallel to the East line of said Section 25; thence Northerly along said line 40 feet West of and parallel to the East line of Section 25 to a point 30 feet North of the East-West centerline of said Section 25; thence east a distance of 10 feet; thence northerly along a line 30 feet West of and parallel to said East line of Section 25 to the point of intersection with the easterly extensions of the North right of way line of Henry Street; thence West a distance of 10 feet; thence Northerly along a line 40 feet West of and parallel to the said East line of Section 25 to the point of intersection with the North line of said Section 25; being the point of beginning. e• Exhibit 6 be and it hereby is annexed to the City of Pasco, and is hereby declared to be within the corporate limits of the City of Pasco. Section 2. The Comprehensive Plan of the City of Pasco is hereby adopted for the area described above. Section 3. The area shall not assume any existing indebtedness of the City of Pasco. Section 4. The zone classification for the various lots and parcels of land within the area shall be as follows: COMMERCIAL C-1 North half of the Northwest quarter of the Northeast quarter of the Northeast quarter of Section 25, Township 9 North, Range 29 East, Willamette Meridian, excluding the Church of God, Addition as recorded in Volume C, Page 70, Book of Plats, Franklin County, Washington. Northeast quarter of the North half of the Southeast quarter of the Northeast quarter of the Northeast quarter, of Section 25, Township 9 North, Range 29 East, Willamette Meridian. South half of the Northeast quarter of the Southeast quarter of the Northeast quarter of Section 25, Township 9 North, Range 29 East, Willamette Meridian. Southeast quarter of the Southeast quarter of the Northeast quarter of Section 25, Township 9 North, Range 29 East, Willamette Meridian. Blocks, 1,2,5,6,7,8,11,12, O'Keefe's THIRD Addition (vacated) as recorded in Volume B, Page 37, Book of Plats, Franklin County, Washington. MEDIUM DENSITY RESIDENTIAL R-2 South half of the Northwest quarter of the Northeast quarter of the Northeast quarter of Section 25, Township 9 North, Range 29 East, Willamette Meridian. Southwest quarter of the Northeast quarter of the Northwest quarter of Section 25, Township 9 North, Range 29 East, Willamette Meridian. South half of the North half of the Southeast quarter of the Northeast quarter of the Northeast quarter of Section 25, Township 9 North, Range 29 East, Willamette Meridian. South half of the Southeast quarter of the Northeast quarter of the Northeast quarter of Section 25, Township 9 North, Range 29 East, Willamette Meridian. North half of the Northeast quarter of the Southeast quarter of the Northeast quarter of Section 25, Township 9 North, Range 29 East, Willamette Meridian. and all zoning maps of the City of Pasco are hereby amended to include the aforesaid zone classifications. 3262619 Section 5. The boundaries for the voting districts shall be as follows: VOTING DISTRICT NO.3 Beginning at the intersection of the centerlines of Chase Avenue and Henry Street; thence westerly on the centerline of Henry Street to the center- line of Road 22; thence southerly on the centerline of Road 22 to the centerline of Sylvester Street; thence westerly on the centerline of Sylvester Street to the centerline of vacated Reed Street, of the correct- ed plat of O'Keefe's Third Addition; thence southerly on the centerline of Reed Street to the North right-of-way of West Lewis Street; thence southeasterly along the North right-of-way of West Lewis Street to the centerline of Hopkins Street; thence East on the centerline of Hopkins Street to the centerline of Chase Avenue; thence northerly on the center- line of Chase Avenue to the point of beginning, being the intersection of the centerlines of Chase Avenue and Henry Street. VOTING DISTRICT NO. 5 Beginning at the intersection of the centerlines of Chase Avenue and Henry Street; thence westerly on the centerline of Henry to the center- line of Road 22; thence continuing westerly on the North line of Morath Plat and its westerly projection to the centerline of Road 24; thence northerly on the centerline of Road 24 to the South line of the Church of God Plat; thence easterly on the South line of the Church of God Plat to the East line of the Church of God Plat; thence northerly on the East line of the Church of God Plat to the centerline of Court Street; thence East- erly on the centerline of Court Street to the centerline of Chase Street; thence southerly on the centerline of Chase Street to the point of be- ginning, being the intersection of the centerlines of Chase Avenue and Henry Street. Section 6. A copy of this ordinance shall be filed with the Franklin County Auditor. Section 7. This ordinance shall be in full force and effect after its passage and publication as required by law. PASSED by the City Council and APPROVED as provided by law this 3 day of August ...... , 1971. ATTEST: V G. E. CARTER, MAYOR E,_G,R0S 711EST OF City of Pasco AUG I AND EX -OFF CI CITY CLERK ri- , = F ANKI LiN, I'Y, P€TY APPROVED A FORM: SAIL T0: City of Pasco P. 0. Box G.... -.. Pasco, Wash. . 99301 D. AYNE CAM BELL, CITY, ATTORNEY' 326206 August 4, 1971 Mrs. Dorothy Towne P.O. Box 492 Pasco, Washington Dear Dorothy: Attached is Ordinance No. 1488 which we would like to have recorded and returned to our office. Thank you for your courtesy in this matter. Sincerely yours, CITY OF PASCO Harry D. Kinzer Director of Finance HDK:ew Enc: (1) August 3, 1971 Pacific Northwest Bell 110 N. 6th Pasco, Washington Gentlemen: Attached is a copy of Ordinance No. 1488, relative to annexation in the City of Pasco, and passed by the City Council at their regular meeting, held August 3, 1971. If you have any questions, please do not hesitate to ca4l on me. Sincerely yours, CITY OF PASCO Harry D. Kinzer Director of Finance HDK:ew Enc: (1) August 4, 1971 Public Utility District P.O. Box 2407 Pasco, Washington Attn: Carroll Northrup Dear Mr. Northrup: Attached is a copy of.Ordinance No. 1488, relative to annexation in the City of Pasco, and passed by the City Council at their regular meeting, held August 3, 1971. If you have any questions, please do not hesitate to call on me. Sincerely yours, CITY OF PASCO Harry D. Kinzer Director of Finance HDK:ew Enc: (1) Affidavit of Mailing In regards to MF# Z2025-004 I, Carmen Patrick , hereby confirm that notification was sent by mail April 7 , 2025 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, April of 2025 . Representative's Signature Comm unity Deve lo pme nt Depart me nt PO Box 293 ,52 5 N 3'0 Av e, Pasco , WA 99301 P 509 .545 3441 / F: 509 .545 3499 NOTICE OF APPLICATION/SEPA 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. SEPA Comment Period Deadlines: April 23, 2025 Proposal: Shane O'Neill, of Clover Planning & Zoning, LLC on behalf of Jesus Higareda Diaz, has submitted a SEPA Checklist (SEPA 2025- 012} and a Rezone application (Z 2025-004) from C-1 (Retail Business) to MU (Mixed-Use) for only northern part of parcel (119451320) in Pasco, WA 99301. Said property is located South of W . Sylvester St ., near the intersection of W . Sylvester St. and N. 20 th . Ave. The proposal is subject to regulations contained in the Pasco Municipal Code . The proposed rezone would change the site 's zoning ass ignments from C-1 to MU . Applicant is seeking a rezone to allow for a multi-family and/or mixed-use development at some future point. Under either C-1 (Retail Business) or MU (Mixed-Use) zoning, any future development is expected to result in new trips produced from and attracted to the site, and differences between a build-out under either scenario would be only speculative . Future site-specific development applications will be subject to SEPA environmental review and code requirements . For larger projects, traffic impact analyses may be required to evaluate the impacts associated with development proposals, as determined by the City Engineer . Public Comment Period: Written comments must be submitted to the Community Development Department by 5 :00 p.m . on April 23, 2025. Only comments received by the referenced date will be included in the SEPA record . If you have questions on the proposal, contact the Planning Division at (509) 905-2604 or via e-mail to : gundersona@pasco-wa .gov . Determination of Completeness: The application has been declared complete for the purpose of processing . Environmental Documents and/or Studies Applicable to this Application: Environmental Determination No . SEPA 2025-012 has been assigned to this proposal. The SEPA comment period will end April 23, 2025. 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 City of Pasco Planning Department . Required Permits: A building and right-of-way permits will be required before any ground disturbing activities begin . 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: 0 Title 12 (Streets and Sidewalks), Title 16 (Buildings and Construction), Title 25 (Zoning), regulations of the Pasco Municipal Code , and the land use policies contained in the Pasco Comprehensive Plan. 0 Regulations of the Washington State Department of Fish and Wildlife, Washington State Department of Ecology, and Washington State Department of Natural Resources. 0 Other required agency evaluations , approvals , permits, and mitigations as necessary . Estimated Date of the Decision: A DNS or MONS will be issued following the close of the comment period on April 23, 2025 . To Receive Notification of the Environmental Determination: Contact the Pasco Planning Division at the address or telephone number below . Appeals: You may appeal the subsequent threshold determination by submitting an appeal to the address below within 10 days of issuance . The appeal must be in written form, contain a concise statement of the matter being appealed and the basic rationale for the appeal. A fee is required per the City's Fee Resolution . Please note that failure to file a timely and complete appeal shall constitute 1 1 PilSco Commun ity Development Depar t m ent PO Box 293 , 525 N 3'0 Ave, Pasco , WA 99301 P 509 545 3441 / r · 509 545 349 9 a waiver of all rights to an administrative appeal under City code . All comments or appeals are to be directed to the City of Pasco Planning Department, PO Box 293, Pasco , WA, 99301, Attn : Craig Raymond. Prepared April 7, 2025, by : Aaron Gunderson, Planner II , PO Box 293 Pasco , WA 99301 (509) 545-3441 . 4,7 !202 5 . 9 24 50 AM 22025-004 Zoning Map : Diaz , C-1 to MU 119361147 119362226 119361156 C-1 Retail Business 119451059 c- 119451320 119361030 119361049 1103 11 i2 2222 09 I I 1 :2.426 ~ '.·.f--+--·· -+-,, ,., -+-----+--+---+--'r----1'·' ,,,,"' ~ · Utli Utl/ L l .i k "1 •,· 1 I . .I , 11 , ' ·.! , '~, :,, I I 1 !I , l / 1 ' •11, 1 j1, IAME ADDRESS CITY STATE ZIP ,ERALD L IVEY 2800 W 43RD CT KENNEWICK WA 99337 BRAHAM R & DOREEN L MARTINEZ 1939 W IRVING ST PASCO WA 99301 OSE & MERCEDES M BASTIAN 1844 W MARIE ST PASCO WA 99301 ERTHA LANDIN 403 N 20TH AVE PASCO WA 99301 ESUS JOSE HIGAREDA DIAZ 4307 W 35TH CT KENNEWICK WA 99336 EN-FRANKLIN TRANSIT 1000 COLUMBIA PARK TRL RICHLAND WA 99352 ASCO SCHOOL DISTRICT NO . 1 1215 W LEWIS ST PASCO WA 99301 IAT ALIE TOMASO & COLE ALAN DEV 263 BROOKWOOD LOOP RICHLAND WA 99352 ,ESA CREDIT UNION PO BOX 500 RICHLAND WA 99352 ESUS & SUZANNE PALMA 413 N 23RD AVE PASCO WA 99301 ORGE & NORBERT A RUIZ 409 N 23RD A VE PASCO WA 99301 :BE ENTERPRISES CORP 223 N MACBETH AVE OTHELLO WA 99344 :ICHARD & SONIA ERICKSON PO BOX 2040 PASCO WA 99302 IELEN BAKSHAS 402 N 22ND A VE PASCO WA 99301 ,ORDON L BURES 406 N 22ND A VE PASCO WA 99301 ,ARY THOMPSON 410 N 22ND AVE PASCO WA 99301 EENA M PAULEY 410 N 22ND AVE PASCO WA 99301 :OBERTO B & MARIBEL JAIME 419 N 22ND AVE PASCO WA 99301 iONATO & APOLONIO BUENAVENTURA 415 N 22ND AVE PASCO WA 99301 : CASSANDRA L LOPEZ 411 N 22ND AVE PASCO WA 99301 ERGIO B MERAZ VALENCIA (ETAL) 337 W 11TH AVE KENNEWICK WA 99337 RANCES D JUVENAL 403 N 22ND A VE PASCO WA 99301 HRONSIE CARR 2121 W YAKIMA ST PASCO WA 99301 ALOMON GARCIA 2117 W YAKIMA ST PASCO WA 99301 OYMAR PROPERTIES LLC PO BOX 3338 PASCO WA 99302 ESUS HIGAREDA DIAZ 720 N 20TH AVE PASCO WA 99301 ESUS HIGAREDA DIAZ 4307 W 35TH CT KENNEWICK WA 99337 ASCO ASSOCIATION OF EDUCATORS PO BOX 2504 PASCO WA 99302 OSEPH RAMIREZ PO BOX 1197 PASCO WA 99301 1OMINGO D MEDINA PO BOX 3366 PASCO WA 99302 IIGUEL S & CLAUDIA L ESTRADA PO BOX 5215 PASCO WA 99302 NITA MENDEZ 2130 W YAKIMA ST PASCO WA 99301 .RTEMIO MARTINEZ (ETUX) 2126 W YAKIMA ST PASCO WA 99301 ERNANDO RUIZ MARTINEZ 2122 W YAKIMA ST PASCO WA 99301 TUART & VIRGINIA FRICKE 7909 SUNSET LN PASCO WA 99301 AMES A KIRK 516 N ROAD 38 PASCO WA 99301 Affidavit of Mailing In regards to MF# Z2025 -004 I, Carmen Patrick , hereby confirm that notification was sent by mail April 22 , 2025 to the owne r s 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 22nd day, April of 2025 . L ~~ Representative's Signature City ot sco Corr mun,ty Development Department PO Box 293 525 N 3'' Ave, Pa,co, WA 99301 P. 509 545 3441 / F· 509 545 3499 PUBLIC NOTICE Si necesita ayuda para entender este aviso o necesita mas informacion, par favor llame al Departamento de Desarrollo Comunitario y Economico de la Ciudad de Pasco a 509-545-3441. A public hearing with the Hearing Examiner will be held on May 14, 2025 at 6:00 pm Place: Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco, Washington . Proposal: Shane O'Neill, of Clover Planning & Zoning, LLC on behalf of Jesus Higareda Diaz, has submitted a SEPA Checklist (SEPA 2025-012) and a Rezone application (Z 2025-004) from C-1 (Retail Business) to MU (Mixed-Use) for only northern part of parcel (119451320) in Pasco, WA 99301. Said property is located South of W . Sylvester St., near the intersection of W. Sylvester St. and N. 20 th . Ave. Applicant is seeking a rezone to allow for a multi-family and/or mixed-use development at some future point. The proposal is subject to regulations contained in the Pasco Municipal Code. Future site-specific development applications will be subject to SEPA environmental review and code requirements. Public Comment Period: Written comments must be submitted to the Community Development Department by 5:00 p.m. on May 14, 2025, to be included in the Hearing Examiner packet. If you have questions on the proposal, contact the Planning Division at (509) 905-2604 or via e-mail to: gundersona@pasco -wa .gov . If you wish to participate in the hearing virtually, please register at least 2 hours prior to the meeting at the following registration link: www .pasco-wa .gov/publiccomment After registering, you will receive a confirmation email containing information about joining the webinar. Estimated Date of the Decision: It is estimated that the Hearing Examiner will make a recommendation on the rezone within ten (10) days of the public hearing. Prepared 22 April 2025 by: Aaron Gunderson, Planner II, PO Box 293 Pasco, WA 99301 (509) 905-2604 The City of Pasco welcomes full participation in public meetings by all citizens . No qualified individual with a disability shall be excluded or denied the benefit of participating in such meetings . If you wish to use auxiliary aids or require assistance to comment at this public meeting, please contact the Community Development Department at (509) 545-3441 or TDD (509) 585-4425 at least ten days prior to the date of the meeting to make arrangements for special needs . Page 1 of 2 4!22 12025. 10 14 20 AM c:J C ity Limit s D Parcel s ,--- - 1 Urba n Growth B oundary Road Centerline 22025-004 Diaz Vicinity Map Mi nor Arl e na/ --Local -Pnn c1pal Arl ena/ @ . 1:1.4 56 ~, • l • l i . ·' U U-1 ·i, ', U lJ ) tl 1; 1 . l l U ( ·,11 v:.1.,r:I ·, ,l.1•11 i-:1 •;I 11 ,.,.·;, .. , 1 1·, ... r: d r .,:,-.11 .,, • P u ll 1·11; N ..... 0 N Q) QO rt) ii. 1'1/--\IVIC. ADDRESS CITY STATE zip GERALD L IVEY 2800 W 43RD CT KENNEWICK WA 99337 ABRAHAM R & DOREEN L MARTINEZ 1939 W IRVING ST PASCO WA 99301 JOSE & MERCEDES M BASTIAN 1844 W MARIE ST PASCO WA 99301 BERTHA LANDIN 403 N 20TH AVE PASCO WA 99301 JESUS JOSE HIGAREDA DIAZ 4307 W 35TH CT KENNEWICK WA 99336 BEN-FRANKLIN TRANSIT 1000 COLUMBIA PARK TRL RICHLAND WA 99352 PASCO SCHOOL DISTRICT NO . 1 1215 W LEWIS ST PASCO WA 99301 NAT ALIE TOMASO & COLE ALAN DEV 263 BROOKWOOD LOOP RICHLAND WA 99352 GESA CREDIT UNION PO BOX 500 RICHLAND WA 99352 JESUS & SUZANNE PALMA 413 N 23RD AVE PASCO WA 99301 JORGE & NORBERTA RUIZ 409 N 23RD AVE PASCO WA 99301 TENA (ETAL), RUBEN AYALA 405 N 23RD A VE PASCO WA 99301 RICHARD & SONIA ERICKSON PO BOX 2040 PASCO WA 99302 HELEN BAKSHAS 402 N 22ND AVE PASCO WA 99301 GORDON L BURES 406 N 22ND AVE PASCO WA 99301 GARY THOMPSON 410 N 22ND AVE PASCO WA 99301 LEENA M PAULEY 410 N 22ND AVE PASCO WA 99301 ROBERTO B & MARIBEL JAIME 419 N 22ND AVE PASCO WA 99301 DONATO & APOLONIO BUENAVENTURA 415 N 22ND AVE PASCO WA 99301 C CASSANDRA L LOPEZ 411 N 22ND AVE PASCO WA 99301 SERGIO B MERAZ VALENCIA (ETAL) 337 W 11TH AVE KENNEWICK WA 99337 FRANCES D JUVENAL 403 N 22ND AVE PASCO WA 99301 PHRONSIE CARR 2121 W YAKIMA ST PASCO WA 99301 SALOMON GARCIA 2117 W YAKIMA ST PASCO WA 99301 JOYMAR PROPERTIES LLC PO BOX 3338 PASCO WA 99302 JESUS HIGAREDA DIAZ 720 N 20TH AVE PASCO WA 99301 JESUS HIGAREDA DIAZ 4307 W 35TH CT KENNEWICK WA 99337 PASCO ASSOCIATION OF EDUCATORS PO BOX 2504 PASCO WA 99302 JOSEPH RAMIREZ PO BOX 1197 PASCO WA 99301 DOMINGO D MEDINA PO BOX 3366 PASCO WA 99302 MIGUEL S & CLAUDIA L ESTRADA PO BOX 5215 PASCO WA 99302 ANITA MENDEZ 2130 W YAKIMA ST PASCO WA 99301 ARTEMIO MARTINEZ (ETUX) 2126 W YAKIMA ST PASCO WA 99301 FERNANDO RUIZ MARTINEZ 2122 W YAKIMA ST PASCO WA 99301 STUART & VIRGINIA FRICKE 7909 SUNSET LN PASCO WA 99301 JAMES A KIRK 516 N ROAD 38 PASCO WA 99301 Community Development Department PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 CITY OF PASCO, NOTICE OF APPLICATION/SEPA DETERMINATION (Optional DNS Process) Si necesita ayuda para entender este aviso o necesita más información, por favor llame al Departamento de Desarrollo Comunitario y Económico de la Ciudad de Pasco a 509-545-3441. SEPA Comment Period Deadlines: April 23, 2025 Proposal: Shane O’Neill, of Clover Planning & Zoning, LLC on behalf of Jesus Higareda Diaz, has submitted a SEPA Checklist (SEPA 2025- 012) and a Rezone application (Z 2025-004) from C-1 (Retail Business) to MU (Mixed-Use) for only northern part of parcel (119451320) in Pasco, WA 99301. Said property is located South of W. Sylvester St., near the intersection of W. Sylvester St. and N. 20th. Ave. The proposal is subject to regulations contained in the Pasco Municipal Code. The proposed rezone would change the site's zoning assignments from C-1 to MU. Applicant is seeking a rezone to allow for a multi-family and/or mixed-use development at some future point. Under either C-1 (Retail Business) or MU (Mixed-Use) zoning, any future development is expected to result in new trips produced from and attracted to the site, and differences between a build-out under either scenario would be only speculative. Future site-specific development applications will be subject to SEPA environmental review and code requirements. For larger projects, traffic impact analyses may be required to evaluate the impacts associated with development proposals, as determined by the City Engineer. Public Comment Period: Written comments must be submitted to the Community Development Department by 5:00 p.m. on April 23, 2025. Only comments received by the referenced date will be included in the SEPA record. If you have questions on the proposal, contact the Planning Division at (509) 905-2604 or via e-mail to: gundersona@pasco-wa.gov. Determination of Completeness: The application has been declared complete for the purpose of processing. Environmental Documents and/or Studies Applicable to this Application: Environmental Determination No. SEPA 2025-012 has been assigned to this proposal. The SEPA comment period will end April 23, 2025. 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 City of Pasco Planning Department. Required Permits: A building and right-of-way permits will be required before any ground disturbing activities begin. 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: �� Title 12 (Streets and Sidewalks), Title 16 (Buildings and Construction), Title 25 (Zoning), regulations of the Pasco Municipal Code, and the land use policies contained in the Pasco Comprehensive Plan. �� Regulations of the Washington State Department of Fish and Wildlife, Washington State Department of Ecology, and Washington State Department of Natural Resources. �� Other required agency evaluations, approvals, permits, and mitigations as necessary. Estimated Date of the Decision: A DNS or MDNS will be issued following the close of the comment period on April 23, 2025. To Receive Notification of the Environmental Determination: Contact the Pasco Planning Division at the address or telephone number below. Appeals: You may appeal the subsequent threshold determination by submitting an appeal to the address below within 10 days of issuance. The appeal must be in written form, contain a concise statement of the matter being appealed and the basic rationale for the appeal. A fee is required per the City's Fee Resolution. Please note that failure to file a timely and complete appeal shall constitute Community Development Department PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 a waiver of all rights to an administrative appeal under City code. All comments or appeals are to be directed to the City of Pasco Planning Department, PO Box 293, Pasco, WA, 99301, Attn: Craig Raymond. Prepared April 7, 2025, by: Aaron Gunderson, Planner II, PO Box 293 Pasco, WA 99301 (509) 545-3441. Community Development Department PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 NOTICE OF APPLICATION/SEPA DETERMINATION (Optional DNS Process) Si necesita ayuda para entender este aviso o necesita más información, por favor llame al Departamento de Desarrollo Comunitario y Económico de la Ciudad de Pasco a 509-545-3441. SEPA Comment Period Deadlines: April 23, 2025 Proposal: Shane O’Neill, of Clover Planning & Zoning, LLC on behalf of Jesus Higareda Diaz, has submitted a SEPA Checklist (SEPA 2025- 012) and a Rezone application (Z 2025-004) from C-1 (Retail Business) to MU (Mixed-Use) for only northern part of parcel (119451320) in Pasco, WA 99301. Said property is located South of W. Sylvester St., near the intersection of W. Sylvester St. and N. 20th. Ave. The proposal is subject to regulations contained in the Pasco Municipal Code. The proposed rezone would change the site's zoning assignments from C-1 to MU. Applicant is seeking a rezone to allow for a multi-family and/or mixed-use development at some future point. Under either C-1 (Retail Business) or MU (Mixed-Use) zoning, any future development is expected to result in new trips produced from and attracted to the site, and differences between a build-out under either scenario would be only speculative. Future site-specific development applications will be subject to SEPA environmental review and code requirements. For larger projects, traffic impact analyses may be required to evaluate the impacts associated with development proposals, as determined by the City Engineer. Public Comment Period: Written comments must be submitted to the Community Development Department by 5:00 p.m. on April 23, 2025. Only comments received by the referenced date will be included in the SEPA record. If you have questions on the proposal, contact the Planning Division at (509) 905-2604 or via e-mail to: gundersona@pasco-wa.gov. Determination of Completeness: The application has been declared complete for the purpose of processing. Environmental Documents and/or Studies Applicable to this Application: Environmental Determination No. SEPA 2025-012 has been assigned to this proposal. The SEPA comment period will end April 23, 2025. 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 City of Pasco Planning Department. Required Permits: A building and right-of-way permits will be required before any ground disturbing activities begin. 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: �� Title 12 (Streets and Sidewalks), Title 16 (Buildings and Construction), Title 25 (Zoning), regulations of the Pasco Municipal Code, and the land use policies contained in the Pasco Comprehensive Plan. �� Regulations of the Washington State Department of Fish and Wildlife, Washington State Department of Ecology, and Washington State Department of Natural Resources. �� Other required agency evaluations, approvals, permits, and mitigations as necessary. Estimated Date of the Decision: A DNS or MDNS will be issued following the close of the comment period on April 23, 2025. To Receive Notification of the Environmental Determination: Contact the Pasco Planning Division at the address or telephone number below. Appeals: You may appeal the subsequent threshold determination by submitting an appeal to the address below within 10 days of issuance. The appeal must be in written form, contain a concise statement of the matter being appealed and the basic rationale for the appeal. A fee is required per the City's Fee Resolution. Please note that failure to file a timely and complete appeal shall constitute Community Development Department PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 a waiver of all rights to an administrative appeal under City code. All comments or appeals are to be directed to the City of Pasco Planning Department, PO Box 293, Pasco, WA, 99301, Attn: Craig Raymond. Prepared April 7, 2025, by: Aaron Gunderson, Planner II, PO Box 293 Pasco, WA 99301 (509) 545-3441. Community Development Department PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 Page 1 of 2 PUBLIC NOTICE Si necesita ayuda para entender este aviso o necesita más información, por favor llame al Departamento de Desarrollo Comunitario y Económico de la Ciudad de Pasco a 509-545-3441. A public hearing with the Hearing Examiner will be held on May 14, 2025 at 6:00 pm Place: Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco, Washington. Proposal: Shane O’Neill, of Clover Planning & Zoning, LLC on behalf of Jesus Higareda Diaz, has submitted a SEPA Checklist (SEPA 2025-012) and a Rezone application (Z 2025-004) from C-1 (Retail Business) to MU (Mixed-Use) for only northern part of parcel (119451320) in Pasco, WA 99301. Said property is located South of W. Sylvester St., near the intersection of W. Sylvester St. and N. 20th. Ave. Applicant is seeking a rezone to allow for a multi-family and/or mixed-use development at some future point. The proposal is subject to regulations contained in the Pasco Municipal Code. Future site-specific development applications will be subject to SEPA environmental review and code requirements. Public Comment Period: Written comments must be submitted to the Community Development Department by 5:00 p.m. on May 14, 2025, to be included in the Hearing Examiner packet. If you have questions on the proposal, contact the Planning Division at (509) 905-2604 or via e-mail to: gundersona@pasco-wa.gov. If you wish to participate in the hearing virtually, please register at least 2 hours prior to the meeting at the following registration link: www.pasco-wa.gov/publiccomment After registering, you will receive a confirmation email containing information about joining the webinar. Estimated Date of the Decision: It is estimated that the Hearing Examiner will make a recommendation on the rezone within ten (10) days of the public hearing. Prepared 22 April 2025 by: Aaron Gunderson, Planner II, PO Box 293 Pasco, WA 99301 (509) 905-2604 The City of Pasco welcomes full participation in public meetings by all citizens. No qualified individual with a disability shall be excluded or denied the benefit of participating in such meetings. If you wish to use auxiliary aids or require assistance to comment at this public meeting, please contact the Community Development Department at (509) 545-3441 or TDD (509) 585-4425 at least ten days prior to the date of the meeting to make arrangements for special needs. Page 2 of 2 SEPA Environmental checklist September 2023 Page 1 (WAC 197-11-960) SEPA 1 Environmental Checklist Purpose of checklist Governmental agencies use this checklist to help determine whether the environmental impacts of your proposal are significant. This information is also helpful to determine if available avoidance, minimization, or compensatory mitigation measures will address the probable significant impacts or if an environmental impact statement will be prepared to further analyze the proposal. Instructions for applicants This environmental checklist asks you to describe some basic information about your proposal. Please answer each question accurately and carefully, to the best of your knowledge. You may need to consult with an agency specialist or private consultant for some questions. You may use “not applicable” or “does not apply” only when you can explain why it does not apply and not when the answer is unknown. You may also attach or incorporate by reference additional studies reports. Complete and accurate answers to these questions often avoid delays with the SEPA process as well as later in the decision-making process. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. Instructions for lead agencies Please adjust the format of this template as needed. Additional information may be necessary to evaluate the existing environment, all interrelated aspects of the proposal and an analysis of adverse impacts. The checklist is considered the first but not necessarily the only source of information needed to make an adequate threshold determination. Once a threshold determination is made, the lead agency is responsible for the completeness and accuracy of the checklist and other supporting documents. Use of checklist for nonproject proposals For nonproject proposals (such as ordinances, regulations, plans and programs), complete the applicable parts of sections A and B, plus the Supplemental Sheet for Nonproject Actions (Part D). Please completely answer all questions that apply and note that the words "project," "applicant," and "property or site" should be read as "proposal," "proponent," and "affected geographic area," respectively. The lead agency may exclude (for non- projects) questions in “Part B: Environmental Elements” that do not contribute meaningfully to the analysis of the proposal. 1 https://ecology.wa.gov/Regulations-Permits/SEPA/Environmental-review/SEPA-guidance/Checklist-guidance SEPA Environmental checklist September 2023 Page 2 (WAC 197-11-960) A.Background Find help answering background questions2 1. Name of proposed project, if applicable: DIAZ Rezone (C-1 to Mixed Used) 2. Name of applicant: CLOVER PLANNING & ZONING LLC 3. Address and phone number of applicant and contact person: Applicant: CLOVER PLANNING & ZONING LLC, 6904 Rogue Drive, Pasco, WA 99301 Contact: Shane O’Neill, Pasco WA, (509)713-4560 4. Date checklist prepared: 3/17/2025 5. Agency requesting checklist: City of Pasco 6. Proposed timing of schedule (including phasing, if applicable): NA, this is a non-project action. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. The rezone will allow for future residential development. This rezone application, however, is a non-project action. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. None. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. There are no ancillary approvals for other proposals affecting this project. 10. List any government approvals or permits that will be needed for your proposal, if known. A future project will require SEPA approval, building permit approval, grading permit approval. 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) 2 https://ecology.wa.gov/Regulations-Permits/SEPA/Environmental-review/SEPA-guidance/SEPA-checklist- guidance/SEPA-Checklist-Section-A-Background 04/03/2025 CED: SEPA Checklist SEPA Environmental checklist September 2023 Page 3 (WAC 197-11-960) Rezone the northerly 1.66-acre portion of parcel 119451320, from C-1 (Retail Business District) to Mixed-Use District. Parcel 119451320 is 2.27 acres in area. Parcel 119451320 directly fronts the south side of W. Sylvester Street. A legal description of the area proposed to be rezoned is as follows: THE PORTION OF BLOCK 1, TOGETHER WITH VACATED ALLEYS AND STREETS WHICH LIE WITHIN THE WEST 250 FEET OF THE EAST 460 FEET OF THE NORTH 290 FEET OF O'KEEFE'S THIRD ADDITION TO PASCO, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME "8" OF PLATS, PAGE 37, RECORDS OF FRANKLIN COUNTY, WASHINGTON. (ALSO KNOWN AS PARCEL A OF RECORD OF SURVEY RECORDED DECEMBER 16, 1998, UNDER AUDITOR'S FILE NO. 1560058) 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. The project site consists of a 1.66-acre portion of parcel number 119451320, lying on the south side of W. Sylvester Street, approximately 80 feet west of N 20th Ave., Pasco WA. Township 9 North, Range 29 East, Section 25. A vicinity map is included herewith. B.Environmental Elements 1. Earth Find help answering earth questions3 a. General description of the site: The site is flat. The mostly vacant site contains is devoid of any native vegetation. 2020 W. Sylvester Street contains a couple of landscaping trees. The site contains a commercial office building with parking and an open parking shelter building. Circle or highlight one: Flat, rolling, hilly, steep slopes, mountainous, other: b. What is the steepest slope on the site (approximate percent slope)? 2% c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them, and note any 3 https://ecology.wa.gov/regulations-permits/sepa/environmental-review/sepa-guidance/sepa-checklist- guidance/sepa-checklist-section-b-environmental-elements/environmental-elements-earth SEPA Environmental checklist September 2023 Page 4 (WAC 197-11-960) agricultural land of long-term commercial significance and whether the proposal results in removing any of these soils. Urban land-Torripsamments complex, gently rolling. Generally, mixed mesic/xeric torripsamments (dry, sandy, desert soil). d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. No e. Describe the purpose, type, total area, and approximate quantities and total affected area of any filling, excavation, and grading proposed. Indicate source of fill. None, this is a non-project action. f. Could erosion occur because of clearing, construction, or use? If so, generally describe. No, this is a non-project action. g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? None, this is a non-project action. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any. None, this is a non-project action. 2. Air Find help answering air questions4 a. What types of emissions to the air would result from the proposal during construction, operation, and maintenance when the project is completed? If any, generally describe and give approximate quantities if known. None, this is a non-project action. b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. No. c. Proposed measures to reduce or control emissions or other impacts to air, if any: None, this is a non-project action. 4 https://ecology.wa.gov/Regulations-Permits/SEPA/Environmental-review/SEPA-guidance/SEPA-checklist- guidance/SEPA-Checklist-Section-B-Environmental-elements/Environmental-elements-Air SEPA Environmental checklist September 2023 Page 5 (WAC 197-11-960) 3. Water Find help answering water questions5 a. Surface: Find help answering surface water questions6 1. Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. No 2. Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. No 3. Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. No filling or dredging will occur. 4. Will the proposal require surface water withdrawals or diversions? Give a general description, purpose, and approximate quantities if known. No 5. Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. No. Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. No b. Ground: Find help answering ground water questions7 1. Will groundwater be withdrawn from a well for drinking water or other purposes? If so, give a general description of the well, proposed uses and approximate quantities withdrawn from the well. Will water be discharged to groundwater? Give a general description, purpose, and approximate quantities if known. 5 https://ecology.wa.gov/Regulations-Permits/SEPA/Environmental-review/SEPA-guidance/SEPA-checklist- guidance/SEPA-Checklist-Section-B-Environmental-elements/Environmental-elements-3-Water 6 https://ecology.wa.gov/Regulations-Permits/SEPA/Environmental-review/SEPA-guidance/SEPA-checklist- guidance/SEPA-Checklist-Section-B-Environmental-elements/Environmental-elements-3-Water/Environmental- elements-Surface-water 7 https://ecology.wa.gov/Regulations-Permits/SEPA/Environmental-review/SEPA-guidance/SEPA-checklist- guidance/SEPA-Checklist-Section-B-Environmental-elements/Environmental-elements-3-Water/Environmental- elements-Groundwater SEPA Environmental checklist September 2023 Page 6 (WAC 197-11-960) No 2. Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (domestic sewage; industrial, containing the following chemicals…; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. None c. Water Runoff (including stormwater): 1. Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. NA, this is a non-project action. 2. Could waste materials enter ground or surface waters? If so, generally describe. No 3. Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site? If so, describe. No d. Proposed measures to reduce or control surface, ground, and runoff water, and drainage pattern impacts, if any: None, this is a non-project action. 4. Plants Find help answering plants questions a. Check the types of vegetation found on the site: ☐ deciduous tree: alder, maple, aspen, other ☐ evergreen tree: fir, cedar, pine, other ☐ shrubs ☒ grass ☐ pasture ☐ crop or grain ☐ orchards, vineyards, or other permanent crops. ☐ wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other ☐ water plants: water lily, eelgrass, milfoil, other ☒ other types of vegetation tumbleweeds SEPA Environmental checklist September 2023 Page 7 (WAC 197-11-960) b. What kind and amount of vegetation will be removed or altered? None, this is a non-project action. c. List threatened and endangered species known to be on or near the site. None d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any. None, this is a non-project action. e. List all noxious weeds and invasive species known to be on or near the site. Tumbleweed - Salsola tragus 5. Animals Find help answering animal questions8 a. List any birds and other animals that have been observed on or near the site or are known to be on or near the site. Examples include: • Birds: hawk, heron, eagle, songbirds, other: • Mammals: deer, bear, elk, beaver, other: • Fish: bass, salmon, trout, herring, shellfish, other: b. List any threatened and endangered species known to be on or near the site. None c. Is the site part of a migration route? If so, explain. Pasco lies within the Pacific Flyway. d. Proposed measures to preserve or enhance wildlife, if any. None. e. List any invasive animal species known to be on or near the site. Mice. 8 https://ecology.wa.gov/Regulations-Permits/SEPA/Environmental-review/SEPA-guidance/SEPA-checklist- guidance/SEPA-Checklist-Section-B-Environmental-elements/Environmental-elements-5-Animals SEPA Environmental checklist September 2023 Page 8 (WAC 197-11-960) 6. Energy and natural resources Find help answering energy and natural resource questions9 a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. NA, this is a non-project action. b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe. No, this is a non-project action. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any. None, this is a non-project action. 7. Environmental health Health Find help with answering environmental health questions10 a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur because of this proposal? If so, describe. No 1. Describe any known or possible contamination at the site from present or past uses. None. 2. Describe existing hazardous chemicals/conditions that might affect project development and design. This includes underground hazardous liquid and gas transmission pipelines located within the project area and in the vicinity. None present. 3. Describe any toxic or hazardous chemicals that might be stored, used, or produced during the project's development or construction, or at any time during the operating life of the project. NA, this is a non-project action. 4. Describe special emergency services that might be required. None, this is a non-project action. 5. Proposed measures to reduce or control environmental health hazards, if any. 9 https://ecology.wa.gov/Regulations-Permits/SEPA/Environmental-review/SEPA-guidance/SEPA-checklist- guidance/SEPA-Checklist-Section-B-Environmental-elements/Environmental-elements-6-Energy-natural-resou 10 https://ecology.wa.gov/Regulations-Permits/SEPA/Environmental-review/SEPA-guidance/SEPA-checklist- guidance/SEPA-Checklist-Section-B-Environmental-elements/Environmental-elements-7-Environmental-health SEPA Environmental checklist September 2023 Page 9 (WAC 197-11-960) None, this is a non-project action. b. Noise 1. What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? Traffic noise from Sylvester Street exists but will have no significant effect on future development. 2. What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site)? None, this is a non-project action. 3. Proposed measures to reduce or control noise impacts, if any: None, this is a non-project action. 8. Land and shoreline use Find help answering land and shoreline use questions11 a. What is the current use of the site and adjacent properties? Will the proposal affect current land uses on nearby or adjacent properties? If so, describe. The subject site consists of a 1.66-acre portion of a 2.27-acre parcels. Parcel 119451320 is mostly vacant land. The south third of the parcel contains a partially enclosed storage structure (4,752 sq ft). WEST – C-1 – GESA Credit Union branch R-1-A2 – Manufactured homes SOUTH - R-1-A2 – Manufactured homes C-3 – Office/residential mixed use, automobile repair EAST – C-1 – Retail, office, automotive audio C-3 Office NORTH – C-1 – Retail, vacant b. Has the project site been used as working farmlands or working forest lands? If so, describe. How much agricultural or forest land of long-term commercial significance will be converted to other uses because of the proposal, if any? If resource lands have not been designated, how many acres in farmland or forest land tax status will be converted to nonfarm or nonforest use? No 11 https://ecology.wa.gov/Regulations-Permits/SEPA/Environmental-review/SEPA-guidance/SEPA-checklist- guidance/SEPA-Checklist-Section-B-Environmental-elements/Environmental-elements-8-Land-shoreline-use SEPA Environmental checklist September 2023 Page 10 (WAC 197-11-960) 1. Will the proposal affect or be affected by surrounding working farm or forest land normal business operations, such as oversize equipment access, the application of pesticides, tilling, and harvesting? If so, how? No c. Describe any structures on the site. Parcel 119451320 is mostly vacant land. The south third of the parcel contains a partially enclosed storage structure (4,752 sq ft). d. Will any structures be demolished? If so, what? No, this is a non-project action. e. What is the current zoning classification of the site? Retail Business (C-1) f. What is the current comprehensive plan designation of the site? Mixed Residential/Commercial, Commercial g. If applicable, what is the current shoreline master program designation of the site? NA h. Has any part of the site been classified as a critical area by the city or county? If so, specify. No. i. Approximately how many people would reside or work in the completed project? NA, this is a non-project action. j. Approximately how many people would the completed project displace? None/ NA, this is a non-project action. k. Proposed measures to avoid or reduce displacement impacts, if any. None/ NA, this is a non-project action. l. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any. The appropriateness of the rezone will be evaluated by City Planning staff preliminarily, by Hearing Examiner, and by City Council prior to final decision. A public hearing will be held whereby owners of surrounding properties may express their concerns. m. Proposed measures to reduce or control impacts to agricultural and forest lands of long-term commercial significance, if any: None warranted. Agricultural and forest lands are not located in the surrounding vicinity. NA, this is a non-project action. SEPA Environmental checklist September 2023 Page 11 (WAC 197-11-960) 9. Housing Find help answering housing questions12 a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. NA, this is a non-project action. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. NA, this is a non-project action. c. Proposed measures to reduce or control housing impacts, if any: NA, this is a non-project action. 10. Aesthetics Find help answering aesthetics questions13 a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? NA, this is a non-project action. b. What views in the immediate vicinity would be altered or obstructed? None, this is a non-project action. c. Proposed measures to reduce or control aesthetic impacts, if any: None, this is a non-project action. 11. Light and glare Find help answering light and glare questions14 a. What type of light or glare will the proposal produce? What time of day would it mainly occur? None, this is a non-project action. b. Could light or glare from the finished project be a safety hazard or interfere with views? No, this is a non-project action. c. What existing off-site sources of light or glare may affect your proposal? None, this is a non-project action. d. Proposed measures to reduce or control light and glare impacts, if any: 12 https://ecology.wa.gov/Regulations-Permits/SEPA/Environmental-review/SEPA-guidance/SEPA-checklist- guidance/SEPA-Checklist-Section-B-Environmental-elements/Environmental-elements-9-Housing 13 https://ecology.wa.gov/Regulations-Permits/SEPA/Environmental-review/SEPA-guidance/SEPA-checklist- guidance/SEPA-Checklist-Section-B-Environmental-elements/Environmental-elements-10-Aesthetics 14 https://ecology.wa.gov/Regulations-Permits/SEPA/Environmental-review/SEPA-guidance/SEPA-checklist- guidance/SEPA-Checklist-Section-B-Environmental-elements/Environmental-elements-11-Light-glare SEPA Environmental checklist September 2023 Page 12 (WAC 197-11-960) None, this is a non-project action. 12. Recreation Find help answering recreation questions a. What designated and informal recreational opportunities are in the immediate vicinity? The Chess Elementary School contains an outdoor recreation field for students. The field is located approximately 216 feet to the northwest. b. Would the proposed project displace any existing recreational uses? If so, describe. No, this is a non-project action. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: None/NA, this is a non-project action. 13. Historic and cultural preservation Find help answering historic and cultural preservation questions15 a. Are there any buildings, structures, or sites, located on or near the site that are over 45 years old listed in or eligible for listing in national, state, or local preservation registers? If so, specifically describe. No. b. Are there any landmarks, features, or other evidence of Indian or historic use or occupation? This may include human burials or old cemeteries. Are there any material evidence, artifacts, or areas of cultural importance on or near the site? Please list any professional studies conducted at the site to identify such resources. No such evidence is present. The DAHP predictive model (based on elevation) identifies the site as having a very high risk of encountering Environmental Factors with Archaeological Resources. A detailed investigation into the presence of such resources shall be deferred to project-specific actions triggering SEPA review as this rezone is a non-project action proposing no changes to the physical environment. c. Describe the methods used to assess the potential impacts to cultural and historic resources on or near the project site. Examples include consultation with tribes and the department of archeology and historic preservation, archaeological surveys, historic maps, GIS data, etc. A cursory survey was performed by Shane O’Neill, B.S. Natural Resources Planning, on 3/15/2025. No artifacts were observed on the sites’ surface. 15 https://ecology.wa.gov/Regulations-Permits/SEPA/Environmental-review/SEPA-guidance/SEPA-checklist- guidance/SEPA-Checklist-Section-B-Environmental-elements/Environmental-elements-13-Historic-cultural-p 04/02/2025 CED: WISAARD Public Portal map was consulted. SEPA Environmental checklist September 2023 Page 13 (WAC 197-11-960) d. Proposed measures to avoid, minimize, or compensate for loss, changes to, and disturbance to resources. Please include plans for the above and any permits that may be required. None, this is a non-project action resulting in no changes to the physical environment. 14. Transportation Find help with answering transportation questions16 a. Identify public streets and highways serving the site or affected geographic area and describe proposed access to the existing street system. Show on site plans, if any. The site fronts W. Sylvester Street. Site-specific transportation-related impacts should be analyzed concurrent with a development proposal. This rezone is a non-project action resulting in no changes to the physical environment. b. Is the site or affected geographic area currently served by public transit? If so, generally describe. If not, what is the approximate distance to the nearest transit stop? The site lies on a Ben-Franklin bus transit route #’s: 1, 225 & 65. There is a bus stop on the north side of Sandifur Parkway across from the northeast property corner. c. Will the proposal require any new or improvements to existing roads, streets, pedestrian, bicycle, or state transportation facilities, not including driveways? If so, generally describe (indicate whether public or private). No, this rezone is a non-project action resulting in no changes to the physical environment. 16 https://ecology.wa.gov/Regulations-Permits/SEPA/Environmental-review/SEPA-guidance/SEPA-checklist- guidance/SEPA-Checklist-Section-B-Environmental-elements/Environmental-elements-14-Transportation SITE SEPA Environmental checklist September 2023 Page 14 (WAC 197-11-960) d. Will the project or proposal use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. No e. How many vehicular trips per day would be generated by the completed project or proposal? If known, indicate when peak volumes would occur and what percentage of the volume would be trucks (such as commercial and nonpassenger vehicles). What data or transportation models were used to make these estimates? None, this rezone is a non-project action resulting in no changes to the physical environment. Will the proposal interfere with, affect, or be affected by the movement of agricultural and forest products on roads or streets in the area? If so, generally describe. No f. Proposed measures to reduce or control transportation impacts, if any: None, this rezone is a non-project action resulting in no changes to the physical environment. 15. Public services Find help answering public service questions17 a. Would the project result in an increased need for public services (for example: fire protection, police protection, public transit, health care, schools, other)? If so, generally describe. No, this rezone is a non-project action resulting in no changes to the physical environment. b. Proposed measures to reduce or control direct impacts on public services, if any. None, this rezone is a non-project action resulting in no changes to the physical environment. 16. Utilities Find help answering utilities questions18 a. Circle utilities currently available at the site: electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other: fiber communications b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. 17 https://ecology.wa.gov/regulations-permits/sepa/environmental-review/sepa-guidance/sepa-checklist- guidance/sepa-checklist-section-b-environmental-elements/environmental-elements-15-public-services 18 https://ecology.wa.gov/regulations-permits/sepa/environmental-review/sepa-guidance/sepa-checklist- guidance/sepa-checklist-section-b-environmental-elements/environmental-elements-16-utilities SEPA Environmental checklist September 2023 Page 15 (WAC 197-11-960) NA, this rezone is a non-project action resulting in no changes to the physical environment. C.Signature Find help about who should sign19 The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Recoverable Signature X Shane O'Neill (UCC 1-308) Signed by: fbf29b3f-4f80-4177-a46d-39faa088cdc4 Type name of signee: Shane O’Neill Position and agency/organization: Senior Planner, Clover Planning & Zoning LLC Date submitted: 3/17/2025 D.Supplemental sheet for non-project actions Find help for the non-project actions worksheet20 Do not use this section for project actions. Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? Residential uses do not generate discharges to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise. • Proposed measures to avoid or reduce such increases are: The absence of said discharges eliminates the need for mitigation measures. 2. How would the proposal be likely to affect plants, animals, fish, or marine life? In no way is the proposal likely to affect plants, animals, fish, or marine life. 19 https://ecology.wa.gov/Regulations-Permits/SEPA/Environmental-review/SEPA-guidance/SEPA-checklist- guidance/SEPA-Checklist-Section-C-Signature 20 https://ecology.wa.gov/regulations-permits/sepa/environmental-review/sepa-guidance/sepa-checklist- guidance/sepa-checklist-section-d-non-project-actions SEPA Environmental checklist September 2023 Page 16 (WAC 197-11-960) • Proposed measures to protect or conserve plants, animals, fish, or marine life are: Mitigations are not warranted. 3. How would the proposal be likely to deplete energy or natural resources? In no way with the development deplete energy or natural resources. • Proposed measures to protect or conserve energy and natural resources are: Mitigations are not warranted. 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection, such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? In no way is the proposal likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection, such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? • Proposed measures to protect such resources or to avoid or reduce impacts are: Mitigations are not warranted. 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? The site is about a half of a mile from the nearest shoreline. Shorelines will not be affected. • Proposed measures to avoid or reduce shoreline and land use impacts are: Mitigations are not warranted. 6. How would the proposal be likely to increase demands on transportation or public services and utilities? A residential development will introduce additional passenger vehicle trips to the adjoining roadway(s). Some residents may use public transportation. A development will draw from the City potable water system and discharge effluent to the sanitary sewer system. The development will draw electricity from the power grid administered by Franklin PUD. Quantities of each cannot be reasonably quantified absent a specific development proposal. The outcome of this rezone application will affect the development parameters. • Proposed measures to reduce or respond to such demand(s) are: Washington State imposes stringent building energy code (WSEC) requirements to force high thermal efficiencies. Traffic improvements may be necessary. 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. The site is not subject to unique environmental protection requirements such as critical areas. Civil and architectural design will ensure compliance will all applicable codes (IRC, IBC, WSEC, ADA, etc.). City permit application review will further ensure code compliance. SITE Soil Map—Franklin County, Washington (DIAZ Rezone NRCS Soils Map) Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 3/17/2025 Page 1 of 3 51 2 2 1 4 0 51 2 2 1 5 0 51 2 2 1 6 0 51 2 2 1 7 0 51 2 2 1 8 0 51 2 2 1 9 0 51 2 2 2 0 0 51 2 2 2 1 0 51 2 2 2 2 0 51 2 2 2 3 0 51 2 2 2 4 0 51 2 2 1 4 0 51 2 2 1 5 0 51 2 2 1 6 0 51 2 2 1 7 0 51 2 2 1 8 0 51 2 2 1 9 0 51 2 2 2 0 0 51 2 2 2 1 0 51 2 2 2 2 0 51 2 2 2 3 0 51 2 2 2 4 0 336580 336590 336600 336610 336620 336630 336640 336650 336580 336590 336600 336610 336620 336630 336640 336650 46° 14' 3'' N 11 9 ° 7 ' 1 0 ' ' W 46° 14' 3'' N 11 9 ° 7 ' 6 ' ' W 46° 13' 59'' N 11 9 ° 7 ' 1 0 ' ' W 46° 13' 59'' N 11 9 ° 7 ' 6 ' ' W N Map projection: Web Mercator Corner coordinates: WGS84 Edge tics: UTM Zone 11N WGS84 0 25 50 100 150 Feet 0 5 10 20 30 Meters Map Scale: 1:553 if printed on A portrait (8.5" x 11") sheet. Soil Map may not be valid at this scale. MAP LEGEND MAP INFORMATION Area of Interest (AOI) Area of Interest (AOI) Soils Soil Map Unit Polygons Soil Map Unit Lines Soil Map Unit Points Special Point Features Blowout Borrow Pit Clay Spot Closed Depression Gravel Pit Gravelly Spot Landfill Lava Flow Marsh or swamp Mine or Quarry Miscellaneous Water Perennial Water Rock Outcrop Saline Spot Sandy Spot Severely Eroded Spot Sinkhole Slide or Slip Sodic Spot Spoil Area Stony Spot Very Stony Spot Wet Spot Other Special Line Features Water Features Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Background Aerial Photography The soil surveys that comprise your AOI were mapped at 1:20,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Franklin County, Washington Survey Area Data: Version 22, Aug 26, 2024 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Jun 26, 2022—Jun 27, 2022 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. Soil Map—Franklin County, Washington (DIAZ Rezone NRCS Soils Map) Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 3/17/2025 Page 2 of 3 Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI 186 Urban land-Torripsamments complex, gently rolling 1.5 100.0% Totals for Area of Interest 1.5 100.0% Soil Map—Franklin County, Washington DIAZ Rezone NRCS Soils Map Natural Resources Conservation Service Web Soil Survey National Cooperative Soil Survey 3/17/2025 Page 3 of 3