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HomeMy WebLinkAbout2026.04.13 Council Special Meeting Packet AGENDA City Council Special Meeting 7:00 PM - Monday, April 13, 2026 Pasco City Hall, Council Chambers & Microsoft Teams Webinar Page 1. MEETING INSTRUCTIONS for REMOTE ACCESS - Individuals, who would like to provide public comment remotely, may continue to do so by filling out the online form via the City’s website (www.pasco-wa.gov/publiccomment) to obtain access information to comment. Requests to comment in meetings must be received by 4:00 p.m. on the day of this workshop. The Pasco City Council Workshops are broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive and on the City’s Facebook page at www.facebook.com/cityofPasco. To listen to the meeting via phone, call 1-332-249-0718 and use access code 806 396 045#. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Servicio de intéprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal dos dias antes para garantizar la disponiblidad. (Spanish language interpreter service may be provided upon request. Please provide two business day's notice to the City Clerk to ensure availability.) 2. CALL TO ORDER 3. ROLL CALL (a) Pledge of Allegiance 4. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS 3 - 22 (a) *Resolution No. 4727 - Setting Time and Date for a Public Hearing for a Right-of-Way Vacation-Dietrich Rd ROW Vacation (VAC2025-004) (5 minute staff presentation) Page 1 of 22 MOTION: I move to approve Resolution No. 4727, setting 7:00 PM on Monday, May 4, 2026, as the time and date for a public hearing to the vacation of that portion of public road right of way for Dietrich Road, City of Pasco, Franklin County, Washington, situate in sections 21 and 22, township 9 north, range 30 east, Willamette Meridian. 5. ADJOURNMENT Page 2 of 22 AGENDA REPORT FOR: City Council April 10, 2026 TO: Harold Stewart, City Manager City Council Special Meeting: 4/13/26 FROM: Haylie Matson, Director Community & Economic Development SUBJECT: *Resolution No. 4727 - Setting Time and Date for a Public Hearing for a Right-of-Way Vacation-Dietrich Rd ROW Vacation (VAC2025-004) (5 minute staff presentation) I. ATTACHMENT(S): 01 Resolution and Exhibit A 02 Right-of-Way Vacation Petition 03 Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4727, setting 7:00 PM on Monday, May 4, 2026, as the time and date for a public hearing to the vacation of that portion of public road right of way for Dietrich Road, City of Pasco, Franklin County, Washington, situate in sections 21 and 22, township 9 north, range 30 east, Willamette Meridian. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: The subject right-of-way (Dietrich Road south of Commercial Avenue) was effectively Road P-K / 12 US construction of following abandoned the interchange, resulting in a disconnected segment that no longer serves a transportation of purpose. While the Washington State Department Transportation (WSDOT) retains ownership of adjacent property to the west, both WSDOT and City staff have confirmed that the Dietrich Road right-of-way in this location is under City ownership, likely acquired through prior annexation (circa 1979). The right-of-way currently terminates at Commercial Avenue and does not Page 3 of 22 extend south, and its improvement to full City standards (including a cul-de- sac) would not provide meaningful public benefit and may negatively impact adjacent properties. Both the applicant and WSDOT have indicated no interest in maintaining the right-of-way for public use. WSDOT has further indicated it has no interest in retaining any portion of the vacated area. The applicant has requested full vacation of the right-of-way and expressed interest in acquiring the entire area, with the intent to provide a joint access easement to benefit both the development site and the adjacent WSDOT parcel. Although state law (RCW 35.79.040) typically requires vacated right-of- way to be distributed equally between abutting property owners, staff has noted that alternative arrangements may be considered if one party formally relinquishes interest. The vacation process requires a formal application, including coordination with WSDOT and documentation confirming WSDOT’s lack of interest in the subject right-of-way. Additionally, pursuant to City code, the City may require compensation for the vacated right-of-way, with the amount determined based on the duration of public ownership and the manner in which the property was acquired. For this request, staff agreed to apply the appraisal method set forth in PMC 12.40.100(1). V. DISCUSSION: Recommendation: Staff recommends approval of this resolution to set the date and time for a public hearing, with the intent of considering an Ordinance for the proposed right-of-way vacation following the hearing. Constraints (Time or other considerations): In accordance with PMC 12.40.040, the public hearing must be scheduled no less than 20 days and no more than 60 days following passage of the resolution. Staff Analysis: In evaluating the proposed right-of-way vacation, staff has considered the criteria outlined in PMC 12.40.070(1) through (4): 1. The proposed vacation will not adversely affect traffic circulation or accessibility. The right-of-way is not currently used for access and does not function as a through street. 2. The right-of-way is not needed for future public use. It is a remnant segment resulting from prior roadway and interchange construction and does not serve a transportation purpose. 3. The vacation will not result in any landlocked parcels or substantially impair access. Access will be maintained through a proposed joint Page 4 of 22 access easement between the affected properties. 4. The public need will not be adversely affected. The vacation provides a public benefit by eliminating an unnecessary right-of-way, supporting efficient more clearer a and and development, site establishing functional access configuration further from the interchange. Pursuant to Pasco Municipal Code 12.40.030 and Pasco Municipal Code 12.40.120, the City may require compensation for the vacated right-of-way. Given that the right-of-way has been in public ownership for more than 25 years and was acquired through annexation, compensation may be required consistent with code, in an amount not to exceed the full appraised value of the area vacated. Next Steps: A public hearing and Ordinance will be considered at a future date to formally vacate the Dietrich Road right-of-way. The purpose of the vacation is to remove prior and roadway by right-of-way remnant unused an created interchange construction and to support development of the adjacent property while maintaining coordinated access. Between notice, now and the hearing, staff will provide required public coordinate with the applicant, confirm utility and agency comments, and ensure all application materials (including survey and legal description) are complete. Alternatives: Although the criteria in PMC Section 12.40.070 do not explicitly provide for denial, the City Council retains the authority to deny the proposed right-of-way vacation if findings support such a decision. However, denial would require the right-of-way to be improved to City standards, including a cul-de-sac, which may not provide a meaningful public benefit and could negatively impact development of the adjacent property. Page 5 of 22 Resolution – Setting a Public Hearing – Deitrich ROW - 1 RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON SETTING 7 PM, MAY 4, 2026, AS THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OFTHAT PORTION OF PUBLIC ROAD RIGHT OF WAY FOR DIETRICH ROAD, CITY OF PASCO, FRANKLIN COUNTY, WASHINGON, SITUATE IN SECTIONS 21 AND 22, TOWNSHIP 9 NORTH, RANGE 30 EAST, WILLAMETE MERIDIAN. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City of Pasco, the City Council may vacate rights-of-way; and WHEREAS, a petition for vacation of that portion of public road right of way for Dietrich Road, City of Pasco, Franklin County, Washington, situate in sections 21 and 22, township 9 north, range 30 east, Willamette Meridian by owners of more than two-thirds abutting the part of the street and alley to be vacated has been submitted to the City; and WHEREAS, the vacation process, by petition application, provided in the Pasco Municipal Code (PMC) Chapter 12.40 requires a survey, title report, an appraisal of value, and compensation unless waived by City Council; and WHEREAS, the City may waive the requirements for a survey pursuant to PMC Section 12.40.110 if the location and legal description of the street or alley proposed for vacation is sufficiently known to the City such that an accurate legal description can be determined with certainty without a survey; and WHEREAS, pursuant to PMC Section 12.40.120, compensation for vacated rights-of- way, an appraisal and title report may be waived if one or more of the following are applicable: the vacation is initiated by Council resolution; the vacation is at the request of the City; the right- of-way to be vacated was previously determined by Council not to be essential to public traffic circulation and is available for vacation; the grant of a substitute right-of-way has value as a right-of-way at least equal to the right-of-way to be vacated; or the resulting benefit to the community of the project requiring vacation outweighs the appraised value of the right-of-way to be vacated; and WHEREAS, the City staff is requesting that Council make a determination concerning whether to waive the requirements of a title report, appraisal of value, and compensation pursuant to PMC 12.40.120(2) after holding a public hearing; and WHEREAS, PMC Section 12.40.040 requires public hearings on vacations to be fixed by resolution, and to provide notice for such hearing which shall occur no later than sixty (60) days after, nor earlier than twenty (20) days after, the passage of this Resolution setting a public hearing. Page 6 of 22 Resolution – Setting a Public Hearing – Deitrich ROW - 2 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1. Notice of Hearing. That a public hearing to consider vacating the following as described below and depicted in Exhibit A attached hereto, will be held before City Council of the City of Pasco in the Council Chambers at 525 N. Third Avenue, Pasco, Washington at the hour of 7 p.m., on the 4th day of May 2026: THAT PORTION OF PUBLIC ROAD RIGHT OF WAY FOR DIETRICH ROAD, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON, SITUATE IN SECTIONS 21 AND 22, TOWNSHIP 9 NORTH, RANGE 30 EAST, WILLAMETTE MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 6, SHORT PLAT 2013-03, ACCORDING TO THE SHORT PLAT THEREOF RECORDED UNDER AUDITOR'S FILE NUMBER 1795248, RECORDS OF FRANKLIN COUNTY, WASHINGTON, SAID POINT LYING AT THE INTERSECTION OF THE SOUTHERLY RIGHT OF WAY MARGIN OF NORTH COMMERCIAL AVENUE AND THE EASTERLY RIGHT OF WAY MARGIN OF SAID DIETRICH ROAD; THENCE SOUTH 0°00'03" EAST 252.43 FEET ALONG SAID EASTERLY RIGHT OF WAY MARGIN TO THE NORTHERLY RIGHT OF WAY MARGIN OF THE STATE ROUTE 12 ONRAMP, SAID POINT LYING 100.00 FEET NORTHEASTERLY OF 'NW LINE' AS SHOWN ON WSDOT RIGHT OF WAY PLAN "SR 12 MP 291.63 TO MP 293.0";THENCE NORTH 46°09'40" WEST 85.38 FEET, PARALLEL WITH AND 100.00 FEET NORTHEASTERLY OF SAID 'NW LINE' TO THE BEGINNING OF A TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 900.00 FEET; THENCE NORTHWESTERLY 31.02 FEET ALONG THE ARC OF SAID CURVE, CONCENTRIC WITH SAID 'NW LINE' THROUGH A CENTRAL ANGLE OF 1°58'30" TO THE WESTERLY RIGHT OF WAY MARGIN OF SAID DIETRICH ROAD, SAID POINT BEING ON THE EAST LINE OF THAT PARCEL SHOWN AS "PURCHASED BY STATE OF WASHINTON D.O.T." ON THAT RECORD SURVEY RECORDED IN VOLUME 2 OF SURVEYS, PAGE 134, RECORDS OF FRANKLIN COUNTY, WASHINGTON, SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 470.00 FEET (THE LONG CHORD OF SAID CURVE BEARS NORTH 9° 15'17" EAST 151.19 FEET); THENCE NORTHERLY 151.85 FEET ALONG THE ARC OF SAID CURVE AND ALONG SAID WESTERLY RIGHT OF WAY MARGIN, AND ALONG SAID EASTERLY LINE, THROUGH A CENTRAL ANGLE OF 18°30'40”; THENCE NORTH 0°00'03" EAST 21.74 FEET ALONG RIGHT OF WAY MARGIN OF SAID NORTH COMMERCIAL AVENUE; THENCE NORTH 88°53'45" EAST SAID WESTERLY RIGHT OF WAY MARGIN AND ALONG SAID EASTERLY LINE TO THE SOUTHERLY Page 7 of 22 Resolution – Setting a Public Hearing – Deitrich ROW - 3 60.02 FEET ALONG SAID SOUTHERLY RIGHT OF WAY MARGIN TO THE POINT OF BEGINNING. CONTAINS 0.34 ACRES, MORE OR LESS. Section 2. That the City Clerk of the City of Pasco give notice of said public hearing as required by law. Section 3. That the City Council will decide whether to waive the requirements for an appraisal, title report, and compensation after the May 4, 2026, public hearing. Section 4. That this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington, on this 13th day of April, 2026. Charles Grimm Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Krystle Shanks Ogden Murphy Wallace, PLLC Deputy City Clerk City Attorney Page 8 of 22 / r7:2r£522,,,E§§§S§§xm. / \ §=SSS§§?r,2:22;: / |I/[III/I/II/II/I///////~\\\\\\\\\\\\\\\\\\\\\\\| //|\\\\\\\\\\\\\\\\\\\\\\\v////////I/Illl//II///IIl \\ LOT 6 SP 2013-03 N.4N EXH/B/T A—7 LOCATEDIN THE SW 1/4 OF SECTION 22, TOWNSHIP 9 NORTH.RANGE .30 EAST,W.M. FRANKLINCOUNTY,WASHINGTO N Curve Table z‘D CURVE LENGTH RADIUS DELTA CH.BRNG.CHORD 0.N H SI;3 01 151.85 470.00 18'30'40"N9'15’17”E 151.19 ->1 a8-3 3 02 31.02 900.00 1‘58’30"N47'08’55"W 31.02 i.I. II a 30 «‘ 03 _1_.°‘ N __COMMERCIAL —888‘53'45"WT 01 \AVE...c 30.01’N88'53 45 E “87.53-17.22”\ ?zz-sax”202.65'E 778.91’\ so 00 03 E.N88'53’45"E .9 \21.74 -2 m 30 01-76‘- AREAT0 0.g ‘7.5. BE VACATED 8.q an 5 .8 8.c‘, 2‘“1')e N 3 ae- B 1°Clo/‘3.a:.W--N46'09'4O .\43’6%}43.80'q?,{i‘V412.t50 N46'09'40”W 41.58'(\6’4° \4K 430k \%4’7’09 a) 6‘..0\I 09,o. \’70?»06 w \181.10:\‘90'«(‘0 {9‘ Z 6 78.3 1 6’1’6 doQINNO308”",:96 8 -3’. o"'-1>\</$9 0"01 «9'5E:I \,vo / I \0099/ 21 E2 \ ‘ 99$/ 28 27 B / P.A / 9 Of WASH/?zé\Q,0A’\’5‘? <1-V‘¢¢ ‘32 41028Q‘s,*Ec151a??zoqt6’OMIL1.pr RSI:33225.DWG Page 9 of 22 EXHIBIT‘A’ LEGALDESCRIPTION PUBLIC ROAD RIGHT OF WAY VACATION THATPORTIONOF PUBLIC ROAD RIGHTOF WAY FOR DIETRICHROAD,CITYOF PASCO,FRANKLIN COUNTY,WASHINGTON,SITUATEIN SECTIONS21 AND 22,TOWNSHIP 9 NORTH,RANGE30 EAST, WILLAMETTEMERIDIAN,DESCRIBEDAS FOLLOWS: BEGINNINGAT THE NORTHWESTCORNER OF LOT6,SHORT PLAT2013-03,ACCORDINGTO THE SHORT PLATTHEREOF RECORDED UNDERAUDITOR’S FILENUMBER 1795248,RECORDS OF FRANKLINCOUNTY,WASHINGTON,SAID POINT LYINGATTHE INTERSECTIONOF THE SOUTHERL YRIGHTOFWAYMARGINOFNORTHCOMMERCIALAVENUEANDTHEEASTERLYRIGHTOF WAY MARGINOF SAID DIETRICHROAD;THENCE SOUTH 0°00’03”EAST252.43 FEETALONG SAID EASTERLYRIGHT OF WAY MARGINTO THE NORTHERLYRIGHT OF WAY MARGINOF THE STATE ROUTE 12 ONRAMP,SAID POINT LYING 100.00 FEETNORTHEASTERLYOF ‘NW LINE’AS SHOWN ON WSDOT RIGHT OF WAY PLAN“SR 12 MP 291.63 TO MP 293.0”;THENCE NORTH 46°09'40” WEST 85.38 FEET,PARALLELWITHAND 100.00 FEETNORTHEASTERLYOF SAID‘NW LINE’TO THE BEGINNINGOF ATANGENT CURVE,CONCAVE TO THE SOUTHWEST,HAVINGA RADIUSOF 900.00 FEET;THENCE NORTHWESTERLY31.02 FEETALONG THE ARC OF SAID CURVE,CONCENTRIC WITH SAID‘NW LINE’THROUGH A CENTRALANGLE OF1°58’30”TO THE WESTERLYRIGHT OF WA YMARGINOFSAIDDIETRICHROAD,SAID POINT BEING ON THE EAST LINEOF THATPARCEL SHOWN AS “PURCHASED BYSTATEOF WASHINTOND.O.T.”ON THATRECORD SURVEY RECORDED IN VOLUME 2 OF SURVEYS,PAGE 1 34,RECORDS OF FRANKLINCOUNTY, WASHINGTON,SAID POINT BEINGTHE BEGINNINGOF A NON-TANGENTCURVE,CONCAVE TO THE WEST,HAVING A RADIUS OF 470.00 FEET (THE LONG CHORD OF SAID CURVE BEARSNORTH 9°15’17”EAST151.1 9 FEET);THENCE NORTHERLY151.85 FEETALONGTHE ARC OF SAID CURVE AND ALONGSAIDWESTERLY RIGHTOF WAY MARGIN,AND ALONG SAID EASTERLYLINE, THROUGH A CENTRALANGLE OF 18°30’40”;THENCE NORTH 0°00’03”EAST21.74 FEETALONG SAID WESTERLY RIGHT OF WAY MARGINAND ALONG SAID EASTERLYLINETO THE SOUTHERLY RIGHT OF WAY MARGINOF SAID NORTH COMMERCIALAVENUE;THENCE NORTH 88°53’45”EAST 60.02 FEETALONG SAID SOUTHERLYRIGHTOF WAY MARGINTO THE POINT OF BEGINNING. CONTAINS0.34 ACRES,MORE OR LESS. .B Q P M3£Ij<g A\YI§V 026%5%"f 7’ Page 10 of 22 Page 11 of 22 Page 12 of 22 WSDOT 2809 Rudkin Road, Union Gap WA 98903 509 577 1626 randy.giles@wsdot.wa.gov Page 13 of 22 Page 14 of 22 N COMMERCIAL AVENUE PAS C O K A H L O T U S R O A D H I G H W A Y 1 2 O N R A M P ( N W L I N E ) A Pa g e 1 5 o f 2 2 Pasco City Council April 13, 2026 Workshop Meeting Pa g e 1 6 o f 2 2 Resolution Setting Time and Date for a Right-of-Way Vacation Public Hearing Dietrich Road-VAC2025-004 April 13, 2026 Pasco City Council Pa g e 1 7 o f 2 2 01 History 02 PMC 03 Vicinity Map Pa g e 1 8 o f 2 2 HISTORY FRANKLIN COUNTY RESOLUTION 98-127 Short Plat 2013-03 Pa g e 1 9 o f 2 2 VAC 2025-004 Dietrich Road Right-of-Way Vacation PMC 12.40 Right-of-Way Vacations A street vacation may be initiated either by a City Council resolution OR by a petition signed by owners of more than two - thirds of the property abutting the area proposed for vacation. Hold a public hearing Tuesday, May 4, 2026 @ 7:00 PM:Once a complete vacation petition is submitted, the Council may adopt a resolution to schedule a public hearing, even though a petition signed by more than two-thirds of abutting property owners is already sufficient to initiate the process. The public hearing must occur between 20 and 60 days after either the resolution is adopted, OR the complete petition is received. While both initiating the vacation and setting the hearing may be combined into one resolution, only one method of initiation is required. City Council Vacation Approval Criteria The City Council considers the following when reviewing a vacation petition: 1.Traffic CirculationThe vacation must not negatively impact traffic accessibility or circulation in the area or the City as a whole. 2.Future Public UseThe right-of-way must not be planned or needed for future public purposes. 3.Property AccessNo adjacent property should become landlocked or experience significantly reduced access as a result of the vacation. 4.Public InterestThe vacation must not harm public needs and should offer a public benefit or serve a public purpose. Pa g e 2 0 o f 2 2 Pa g e 2 1 o f 2 2 Questions? Thank you ! Pa g e 2 2 o f 2 2