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HomeMy WebLinkAbout2012.04.02 Council Meeting Packet AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. April 2, 201Z 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion(in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Councilmembers or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. (a) Approval of Minutes: 1. Minutes of the Pasco City Council Meeting dated March 19, 2012. 2. Minutes of the Special Pasco City Council Meeting dated March 26,2012. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) 1. To approve General Claims in the amount of $1,057,081.04 ($65,343.28 in the form of Electronic Fund Transfer Nos. 9543, 9597, 9600 and 9604; and $991,737.76 in the form of Wire Transfer Nos. 1185, 1186, 1189, 1190, 1191 and 1192; and Claim Warrants numbered 186757 through 187187). 2. To approve Payroll Claims in the amount of $1,989,203.04, Voucher Nos. 43841 through 43911 and 80130 through 80139; and EFT Deposit Nos. 30050700 through 30051244. (c) Appointments to Code Enforcement Board:(NO WRITTEN MATERIAL ON AGENDA) To reappoint Donald Cooper to Position No. 3, Dennis Duncan to Position No. 4 and Mary Gutierrez to Position No. 5 (all with the expiration date of 1/1/2014) to the Code Enforcement Board. (d) 2011 Fire Department Performance Report: 1. Agenda Report from Bob Gear, Fire Chief dated March 21, 2012. 2. 2011 Fire Department Performance Report. 3. RCW 35.103.010. To accept the Pasco Fire Department 2011 Performance Report. *(e) Rezone Appeal R-1 to R-3 in the 200 and 300 Blocks of N.Charles(MF#Z2012-001): 1. Agenda Report from Dave McDonald,City Planner dated March 27,2012. 2. Vicinity Map. To set 7:00 p.m., May 7, 2012 as the time and date for a closed record hearing to consider the appeal of the Planning Commission rezone recommendation under Master File Number 72012- 001. *(f) Resolution No.3382, a Resolution accepting work performed by Valmont Northwest, Inc., under contract for the 2011 PWRF Irrigation Circle Replacement Project No.C34 1-10-WRF. 1. Agenda Report from Reuel Klempel, Plant Division Manager dated March 19, 2012. 2. Resolution. To approve Resolution No. 3382, accepting the work performed by Valmont Northwest, Inc.. under contract for the 201I PWRF Irrigation Circle Replacement Project No.C3-11-10-WRF. (RC) MOTION: I move to approve-the Consent Agenda s.s ncM. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS; (a) (b) (c) S. VISITORS - OTHER THAN AGENDA ITEMS: (a) (b) (c) Regular Meeting 2 April 2, 2012 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers (b) (c) 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO= Q*(a) Street Vacation - Portion of East "B" Street, Gray and Myrtle Avenues (Montez) (M IF #VAC2012-002). 1. Agenda Report from Dave McDonald,City Planner dated March 27,2012.. 2. Overview Map. 3. Vicinity Map. 4. Proposed Ordinance. CONDUCT A PUBLIC HEARING Ordinance No. , an Ordinance vacating a portion of East"B" Street and a portion of South Gray Avenue and South.Myrtle Avenue. MOTION: I move to adolx► Ordinance . vacating a pcul icxt of Fast "S" 4tr+eel. a Nrtion of South Orgy Avenue and a portion of South Myrtle: Avenue arid, ". or, auttaorizx publication by starnnr;ary+ only. S. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: (a) Ordinance No. an Ordinance of the City of Pasco, Washington, approving the PocketiNet Communications, Inc., Franchise and authorizing the Mayor to sign the Franchise Agreement. 1. Agenda Report from Stan Strebel,Deputy City Manager dated March 19,2012. 2. Proposed Ordinance. 3. Proposed Franchise Agreement_ 4. PacketiNet Preaposed Loc;atinns. MYLLOV: l move to adopr Jrd nance No. graolinu at franchise to I'ncketiNct C crin trunicatinns, Ins;„ and to authrary a the Mayor to sign the franchise agrecrnont *,Ind.. fuirtha. to authorize publicatiotu oft[a Qrdi,moe by s'.-e Binary curly, Q*(b) Ordinance No. , an Ordinance of the City of Pasco, Washington, amending the Zoning Classification of property located at the 5900 block of Road 90 from RT (Residential Transition) to R-3 (Medium-Density Residential)with a Concomitant Agreement. 1. Agenda Report from Jeffrey Adams, Associate Planner dated March 28,2012. 2. Vicinity Map. 3. Proposed Ordinance. 4. Planning Commission Report. 5, Planning Commission Minutes dated 2/16/12 and 3/15/12. MOTION: I.mm vc I advpt Ordinance o- . mzoning the 1aruperty locatcd at ll}e 591101' 7,kx;k vf Road 90 hum RT lu R-21 with a Concomitant Agr m nl as TWotrUM-ndut] by Il,c.: Ph-minl;C ommraa,,icaa rrr%d, i'l,rlhcr, to Kaathorim lxrhlia.:-mi, n by merri ttrirys i arily. (c) Resolation No. , a Resolution awarding 2011 HOME CHDO Set-Aside Grant totaling $90,294 to Benton Franklin Community Action Committee. 1. Agenda Report from Angie Pitman,Block Grant Administrator dated Marub 27,2012. 2. Resolution Awarding 2011 CHDO Set-Aside Funds. 3. Tri-Citics HOME C+onsonium CHDO Cantraot Agreement. MOTICIN; 1 wvc to appvuv<- Rc �lwkm No . awarding 1lrc 011 ROME CHDO Sti-Asidu Grant totaling$90,294 to Denion Fimnklin Community Action Committee. Q*(d) Resolution Nn. ,a Resolution approving a Preliminary Plat for Navigator Villas. I. Agenda Report from Dave McDonald,City Planner dated March 27,2012. 2. Overview and Vicinity Maps. 3. Proposed Resolution. 4. Preliminary Plat (Council packets only; copy available for public review in the Planning office, the Pasco Library or on the city's wehpage at L(tm1/wwtv.na.co- wa.gavicitycoung;iIl t rt0. 5. Report to the Planning Commission. 6. Plannim Commissiom Minutes alatinI 2/16112 and 3115/12. MOTION: I intive Etc Appru,.. :Rcs�,lt,tivn No -, appmvving the Prelanrrtary Plat for Navigator- Villas- Regular Meeting 3 April 2, 2012 Q*(e) Resolution No. , a Resolution accepting the Planning Commission's recommendation and approving a special permit for a contractor's facility at 3905 East"A"Street. 1. Agenda Report from Shane O'Neill,Planner I dated March 26,2012, 2. Vicinity Map. 3. Proposed Resolution. 4. Report to Planning Commission. 5. Planning Cnenmission Minutes dated 2/16/12 and 3/15/12. MOTION. T move to approves Rmhation a roving a Special Permir Fc+r rile in,:zporn of a Contractur% Facility in a C-3 (Cieneral Buy,inebs)Zone at 3905 East"A"StteO. Q*(t) Resolution No. ,a Resolution approving a Preliminary Plat for Desert Estates Iii Phase 9. 1. Agenda Report from Dave McDonald,City Planner dated March 27,2012, 2. Overview and Vicinity Maps. 3. Proposed Resolution. 4. Preliminary Plat (Council packets only; copy available for public review in the Planning office, the Pascxr Library or on the city's webpage at htt :lwww.pasco- wa.gpv/citycouncilre ports . 5. Report to the Planning Commission. 6. Plarztin Commission Minutes dated 3/15/12. MOI10 N: I rnove re-- nth i-,7mc. FcsnIii Iion fir., Rr1vn%ir, tye ih'(limis�ary flat bur 11 n Estal 111, Ph ow 9, *(g) Resolution No. - , a Resolution fixing the time and date for a public hearing to consider the vacation of excess East Lewis Place right-of-way. 1. Agenda Report from Dave McDonald,City Planner dated March 27,2012. 2. Overview Map. 3. Vicinity Map. 4. Proposed Resolution. 5. Vacation Petition. M(YFION: I mu%T to adpprPV1.RLwlilrilin No- iwuing ;'AM p.rr1,, Kind-,iy. May 7, 7412, as the time,and date lu conduct a public hem'ing tro crnsider-°acriting portions of Bast Lewis Place. 9. UNFINISHED BUSINESS: (None) 10. NEW BUSINESS: (a) Transmission Waterline-Court Street to Broadmoor Boulevard: 1. Agenda Report from Ahmad Qayoumi,Public Works Director dated March 22,2012. 2, Arrrended Protessk-Pnril Services Agreement with Scope of Work. MOTION.- 1 rim v to ,tppra'vc the Ame-nded. Profcssional Scrvicoi Agrccrnent with MwTay, Smith and Associate,,, Inc.., K4 r itic Coligmhia Wwwr Supply - Ruw Water IntAx, lrr gatiou Pipe=line and Transmission Waledilie, iioi te) ekco d S63T.11-4-00 Land. tvrt xr. atithorim tl Mayor to sign the agmf-,meim *(b) Award Process Water Reuse Facility Fine Screen Equipment Procurement, Project No. C7- SR-2R-12-01: 1. Agenda Report from Michael Pawlak,City Engineer dated March 22, 2012. 2. Vicinity Map. 3. Bid Summary, (RQ MOTION: I make lei n%vard the low bid for the Prods Water Rean raellity Fine Scri- n 1=rluipment 1'vocurunent to Wcs1tvb E3igiauering, Inc., in the amount of 1318,239.00, plus appiicable sales tax and, iurthur, autlwrrri 4 r9i&. Mayor to sign the contnc1 documents. 11. MISCELLANEOUS DISCUSSION: (a) (b) (e) 12. EXECUTIVE SESSION: (a) (b) (c) Regular Meeting 4 April 2,2012 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed MF# -Master file#...... Q Quasi-Judicial Matter REN.ILNDERS: 1. 1:30 p.m.,Monday,April 2,K.GH-Emergency Medical Services Board Meeting. (COUNCILMEMBER TOM LARSEIN,Rep., AL YENNEY,Alt.) 2. 11:30 a.m., Wednesday, April 4, Three-Rivers Convention Center - TRIDEC Membership Luncheon. (COUNCILMEMBER MIKE GARRISON) 3. 12:00 p.m.. Wednesday, April 4, 2601 N. Capitol Avenue -- Franklin County Mosquito Control District Meeting. (COUNCILME'NUER BOB HOFFMANN,Rep.; AL YENNEY,Alt.) 4. 5:30 p.m., Thursday, April 5, P&R Classroom - Parks & Rccruation Advisory Board Meeting. (COUNCILMEMBER SAUL MARTINEZ,Rep.; MIKE GARRISON,Alt.) MINUTES REGULAR MEETING PASCO CITY COUNC'I'L MARCH 19, 2412 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmcmbers present: Rebecca Franeik, Mike Garrison, Robert Hoffmann, Torn Larsen,.Saul Martinez,Matt Watkins and Al Ycnnc;y. Staff present: Gary Crutchfield, City Manager; Leland Kerr, City Attorney; Stan Strebel, Deputy City Manager; Richard Terway, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Ahmad Qayoumi, Public Works Director; Bob Metzger, Police Chief; Bob Gear, Fire Chief and Michael Pawlak, City Engineer. The meeting was opened with the Pledge of Allegiance led by Noah Pickens from Boy Scout Troup No. 159. CONSENT AGENDA: (a) Approval of:Minutes: Minutes of the Pasco City Council Meeting, dated March 5, 2012. (b) Bills and Communications: To approve General Claims in the amount of$874,851.44($127,530.41 in the form of Electronic Fund Transfer Nos. 9389,9391, 9425-6, 9431, 9436 and 9448; and $747,321.03 in the Form of Wire Transfer Nos. 1187 and 1188; and Claim Warrants numbered 186739 through 186756). To approve bad debt write-offs for utility billing, ambulance, cemetery,general accounts, miscellaneous accounts, and Municipal Court(non-criminal, criminal and parking) accounts receivable in the total amount ofS171,082.55 and,of that amount, authorize $134,15.1.35 be turned over for collection. (c) lnteriocal Agreement for Child Abuse Investigation: To approve the Interlocal Agreement for Child Abuse Investigation and.further. authorize execution of the document. MOTION: Ms. Franeik moved to approve the Conwat Agenda as read, Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. VISITORS- OTHER THAN AGENDA ITEMS: Mr. Mac Miller, Boise Idaho, addressed Council concerning a rock in Volunteer Park. REPORTS FROM COMMITTEES AND/OR OFFICERS: Ms. Francik and Mayer Watkins reported on the Regional Public Facilities District meeting and the Society of Journalists"Open Public Records Act"forum. Mr, Yenney attended the Benton-Franklin Council of Governments meeting and the Veterans Memorial Service at City View Cemetery, ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Utility Asset Transfer: Ordinance No.4049,an Ordinance amending Chapter 3.134 of the Pasco Municipal Code. 3(a).1 1 MINUTES REGULAR MEETING PASCO CITY COUNCM MARCH 19, 2012 MOTION: Ms. Francik moved to adopt Ordinance No. 4049, authorizing amendment of Pasco Municipal Code 3.130 Industrial Development Fund to rename this fund as the Economic Development fund and clarify the scope of fiend activity and, further,authorize publication by summary only. Mr. Garrison seconded. Motion carried unanimously. Resolution No. 3380, a Resolution authorizing the transfer of land, wells, other related infrastructure and an obligation of future debt service payments from the Waterworks Utility to the Economic Development and Infrastructure Fund. MOTION: Ms. Francik moved to approve Resolution No. 3380, authorizing sale of the .Farm Facility assets and obligations from the Waterworks Utility to the Economic Development Fund at the value as determined by the utility bond covenants. Mr. Garrison seconded. Motion carried unanimously. Resolution No. 3381,a Resolution authorizing an Interfund loan from the General Fund to the Economic Development Fund. MOTION: Ms. Francik moved to approve Resolution No. 3381, authorizing an Interfund loan from the Gcneral .Fund to the Economic Development Fund. Mr. Garrison seconded. Motion carried unanimously. NEW BUSINESS: Argent Road 1 Saraceno Way 1"Varney Lane Traffic Improvements, Project No.CI- 11-03-STR: MOTION: Ms. Francik moved to award the low bid for the Argent RoaSSaraceno Way/Varney Lane Traffic Improvements to Northeast Electric LLC, in the amount of $213,440.00 and, further, authorize the Mayor to fiign the contract documents. Mr. Garrison seconded. Motion carried unanimously. Winthrop Construction Settlement Agreement: MOTION: Ms. Francik moved tc> approve the settlement agreement with Winthrop Construction and authorize the City Manager to sign the agreement. Mr. Garrison seconded. Motion carried unanimously. EXECUTIVE SESSION: Council adjourned to Executive Session at 7:25 p.m. for approximately la minutes to discuss nequisition of Real Estate with the City Manager and the City Attorney. Mayor Watkins called the meeting back to order at 7:41 p.m. ADJOURNMENT: There being no further business,the meeting was adjourned at 7:41 p.m. APPROVED: ATTEST: Matt Watkins,Mayor Debra L. Clark, City Clerk PASSED and APPROVED this 2"d day of April,2012. 2 MINUTES SPECIAL MEETING PASCO CITY COUNCIL MARCH 26, 2412 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmembers present: Rebet:ca Francik, Michael Garrison, Saul Martinez, Matt Watkins and Al Yenney. Councilmenbem excused: Robert Hoffmann and Tom Larsen. Staff present: Gary Crutchfield. City Manager; Leland B. Kerr, City Attorney; Stan Strobel, Deputy City Manager; Rick White, Community & Economic Development Director; Ahmad Qayoumi, Public Works Director; Bob Metzger, Police Chief and Bob Gear, Fire Chief. The meeting was opened with the Pledge of Allegiance. BUSINESS ITEM: Franchise Agreement—PocketiNet: Mr. Strobel, Deputy City Manager explained the details of the proposed ordinance and franchise agreement. Council and staff discussed the proposed ordinance and franchise agreement. MAYOR WATKINS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE FRANCHISE AGREEMENT. Mr. Brandenburg, President PocketiNet,2727 Jessica Lane, Walla Walla, spoke in favor of the franchise agreement. Mr. Tim Nies, Auditor and Director of Administration, Franklin County PUD. spoke in favor of the franchise agreement. FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST, MAYOR WATKINS DECLARED THE PUBLIC HEARING CLOSED. Mayor Watkins asked staff to place the ordinance for consideration on the next meeting agenda. ADJOURNMENT; There being no further lousiness,the meeting was adjourned at 7:29 p.m. APPROVED: ATTEST: Matt Watkins, Mayor Debra L. Clark, City Clerk PASSED and APPROVED this 2"d day of April, 2012. 3(a).z CITY OF PASCO Council Meeting of April 2,2012 Accounts Payable Approver! The City Council Ciy cf Pasco, Franklin County,Washington We,the undersigned, do hereby certify,under penalty of perjury that the malerials have been furnished,the services ed or the fabcr pe-formed as described herein and that the daim is a just,due and unpaid ligation gainst the city and that we are authorized to authenticate and certify to said claim. Gary rutchrield. M er D Me Ma n, Finance Services Manager 1 We. the undersigned City Councilmembers of the City Council of the City of Pasco,Franklin County,Washington,do hereby certify on this 2nd day of April,2012 that the rlerchandise or services hereinafter specified have been received: Chock Numbers and 186757- 187167 In The Amount Of: $01.737.76 Electronic Funds Transfers: 1195,1186 1189, 1190, 119", 1192, In The Amount Of: 65,343.28 Electronic Funds Transfers: 5543,9557,6600 (Journal Entries) 96N Combined total of $1.057.0811.04 Councilmember Counciknember SUMMARY OF CLAIMS BY FUND: GENERAL FUND: Legislative 100.80 Judicial 4,419.65 Executive 4,312.47 Police 130,441.47 Fire 26,416.62 Administration&Community Services 109,553.86 Community Development 3,692.83 Engineering 1.942.57 Non-Departmental 24,227.95 Library 94,197.99 TOTAL GENERAL FUND: 399,308.01 STREET 9,308.79 ARTERIAL STREET 0100 STREET OVERLAY 0.00 C. D. BLOCK GRANT 6.557.07 HOME CONSORTIUM GRANT 0.00 NSP GRANT 134.40 KING COMMUNITY CENTER 1.369.26 AMBULANCE SERVICE 13,044.38 CEMETERY 735.49 ATHLETIC PROGRAMS 1,218.21 GOLF COURSE 49,921.24 SENIOR CENTER OPERATING 5,135.01 MULTI MODAL FACILITY 795.86 RIVERSHORE TRAIL& MARINA MAIN 72.00 SPECIAL ASSESSMNT LODGING 0.00 LITTE R CONTROL 0.00 REVOLVING ABATEMENT 124.00 TRAC DEVELOPMENT&OPERATING 27,163.70 ECONOMIC DEV A INFRASTR 5.000.00 STADIUIWCONVENTION CNTR 9,217.82 GENERAL CAP PROD CONSTRUCTION 163,334,12 WATER/SEWER 138,755.06 EQUIPMENT RENTAL-OPERATING GOVERNMENTAL 31.845.34 EQUIPMENT RENTAL-OPERATING BUSINESS 12,742,68 EQUIPMENT RENTAL-REPLACEMENT GOVERNMENTAL 0.00 EQUIPMENT RENTAL- REPLACEMENT BUSINESS 0.00 MEDICALIDENTAL INSURANCE 94,419.02 CENTRAL STORES 0,00 PAYROLL CLEARING 36,751,69 LID CONSTRUCTION Q.00 PUBLIC FACILITIES DIST 0.00 TRI CITY ANIMAL CONTROL 50,128,89 SENIOR CENTER ASSOCIATION 0,00 GRAND TOTAL ALL FUNDS: $ 1,057,081.04 3(b).1 CITY OF PASCO Council Meeting of, Payroll Approval April 2, 2012 The City Council City of Pasco Franklin County, Washington The ful2ic&hara a summ of pa all claims against the City of Pasco for the month of March 2012 w pros he rewi for your review and app f Gary tchfleld, tatty Rick Tway, Administratry Community Services irector We, the uncersigned City Council members of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify that the services represented by the below expenditures have been recelved and that payroll voucher No's. 43841 through 43911 and 80130 through 80139 and EFT deposit No's 3DO50700 through 30051244 and City contributions in the aggregate amount of$1,989,203.04 are approved for payment on this 2nd day of April 2012_ S ouncurn,mter CounqImeaftr SUMMARY OF PAYROLL BY FUND GENERAL FUND; Legislative $ 7,875,1_8 Judicial 78,634,42 Executive 66,328.45 Police 589,194,38 Fire 258,141.02 Administrallivfl tt Cnmmunity SArvirea 236,031,13 Community Development 69,361.80 Engineering 68,859,32 TOTAL GENERAL FUND 1,415,455.70 CITY STREET 38,210,87 BLOCK GRANT 5,523.89 HOME CONSORTIUM 714,51 NSP 109.76 MARTIN LUTHER KING CENTER 6,455,19 AMBULANCE SERVICE FUND 166,194.27 CEMETERY 9,785.30 ATHLETIC FUND 4,118.19 SEN:CR CENTER 13,597,40 STADIUM OPERATIONS 0.00 MULTI-MODAL FACILITY 0.00 BOAT BASIN 0.00 REVOLVING ABATEMENT FUND 0.00 TASK FORCE 0.00 WATER/SEWER 303,430.51 EQUIPMENT RENTAL-OPERATING 28,176.23 OLn FIRF PENSION FUND 7,421.12 GRAND TOTAL ALL FUNDS $ 1,989.203.04 Payroll Summary Net Payroll 805,244.45 Employee Deductions 563,557.96 Gross Payroll 1,468,602.41 City of Pasco Contributions 520,400.63 Total Payroll 1,989,203.04 3(b).2 AGENDA REPORT FOR: City C'ounci E March 21, 2012 Lt-llanagcr TO: Gary Crutchfiel Workshop Mtg.: 3/26/12 Regular Mtg.: 412/12 FROM Robert W. Gear, ire Chief SUBJECT: 2011 Fire Department Performance Report 1. REFERENCE(S): 1 . 201 1 Fire Department Performance Report. 2. RCW 35.103.010 11. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 3/26. Discussion 412: MOTION: I move to accept the Pasco Fire Department 2011 Performance Report. II1. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) On February 21, 2006 the Pasco City Council adopted the performance standards and objectives as outlined in the Performance Standards Resolution No. 2938 and, as required by RC:W 35.103.010. V. DISCUSSION: A) The 2011 report shows the following; a. Call Processing Time has continued to increase. b. Turnout times are reduced from 2010 to 2011 however they are still 30 seconds over our 2 minute goal. c. Travel times are essentially the same and approximately 15 seconds over our 6 minute goal. d. The total time from 911 call to arrival 90% of the time increased from 10:16 to 11:12 B) We met our full lireg,round staffing goal 79.9 of the time, which is lower than our 2010 percentage of 81.8% but much improved over our 2009 percentage of 40%. 3(d) t)ePa"4) ht CITY OF PASCO FIRE DEPARTMENT RCW 35.103.010 PERFORMANCE MEASURES 2011 REPORT ' - '1r TABLE OF CONTENTS ITEM PAGE Mission Statement 3 Department Information 3 Fire Department Functions 4 Emergency Response Summary 4 Department Organization Chart 5 Staffing Levels and Distribution 6 City Council Resolution 7-9 Standards of Response Performance Measurements 10-14 Predictable Results 15-16 Plan of Action 17 2011 Table of Results 18 2 - , qW Pasco Fire .Department Mission Statement Make best use of department resources to provide the Pasco community with effective mitigation of fire, rescue, hazardous materials and medical emergencies with compassion, integrity, and respect for its citizens. Department Information: The City of Pasco Fire Department; Office of the Fire Chief was created by Ordinance # 73 on July 16, 1908 with the responsibilities of caring for the fire equipment_ The fire department is currently staffed by 51 uniformed members and 1 admin personnel. Forty-eight members work a rotating 24 hours on duty followed by 48 hours off duty. The operational staff is divided into 3 sixteen member platoons operating out of 3 fire stations. They are supported by the Fire Chief, Administrative Assistant, Training and Safety Captain, and the EMS Lieutenant who work a forty hour work week. Firefighters respond to an average of 11.5 calls for service per day with approximately 78% of them being medical emergencies. Additionally, the fire department provides aircraft rescue and firefighting services to the Tri Cities Airport, all ambulance services to the surrounding Franklin County Fire District #3 and Advanced Life Support (ALS) Ambulance service to the Burbank and North Franklin County areas. Further, the fire department actively participates in the regional Tri- County Technical Rescue Team and Hazardous Materials Response Team. 3 A `ire Department Functions The staff of the Pasco Fire Department is expected to provide the following services to the community: • Structural, Vehicle and Wildland Fire Suppression • Advanced Life Support (ALS) Emergency Medical Services and Transport • Public Information and Education • Hazardous Materials Operations Level Response • Hazardous Material Technician Level response with 6 members • Aircraft Rescue and Firefighting (ARRF) capability within the airport as well as within the surrounding community • Technical Rescue Operafions level Response Technical Rescue Technician level Response with 9 members to include confined space, trench rescue, rope rescue and advanced vehicle extrication skills for modern hybrid vehicles. The Pasco Fire Department responded to the following emergency responses in 2011, broken down as follows: • Emergency Medical Responses: 3320 • Structural Fire Responses: 75 • Mobile Property Fire Responses 44 • Wildland Responses: 67 • Hazardous Materials Responses: 14 • Aircraft Responses: 3 • Technical Rescue Responses: 5 • Other Miscellaneous/False Responses 710 • Total Responses: 4,238 Denotes all calls including mutual aid given, received and none received. 4 DEPARTMENT ORGANIZATIONAL CHART During 2D1 1 the Pasco Fire Department was organized with 4 day staff positions and three 24 hour shift platoons. City Council City Manager Chief Captain secretary 3-Captains Training& , Safety 9-Lie utenants EMS Training Lt. 20 16 Firefighters Paramedics 5 Lc=2� F . Staffing Levels and Distribution In 2011, the City of Pasco Fire Department employed 52 career members. Three of the day staff are uniformed and 1 is a civilian. Six (6) of the shift positions are funded by contract with the Port of Pasco. This staffing level has been in place since 2005 when the city's population was approximately 44,000. We staff three fire stations with a minimum of 12 personnel and an additional one person to cover airport only emergencies. The 2011 staff were assigned as follows: Day staff Fire Chief Training and Safety Captain Emergency Medical Services Lieutenant Secretary/Receptionist Levels: Shift Staffing (each shift) Assigned Minimum • Shift Captain 1 I • Station Lieutenants 3 3 • Firefighters 5 5 • Firefighter/Paramedics 6 3 • Aircraft Rescue FF 1 (assigned to airport only) 1 Total staffing assigned to each shift 16 13 Distribution: Station 81 Oregon St. Station 82 Airport Station 83 Rd 68 Shift Captain 1 Lieutenant I Lieutenant 1 Lieutenant l Paramedic 2 Paramedic 2 Paramedic 1 Firefighter 2 Firefighter 2 Firefighter 2 Aircraft Rescue Fl" 1 6 RESOLUTION NO. 4"J✓'-' A Resolution approving performance standards for Pasco Fire Depar=ot emergency responses. WHERR^the City of Pasco Fire Deparrment is legally established as a fire departrnent to provide certain emergency medical.fire and rescue services. and, WHEREAS,the Pasco Fire Department has a mission statement and goals and objectives to guide the or-ganization in providing fire and emergency medical services to our conuninity;and, WHEREAS, the Pasco Fire Department has a basic organizational structure which includes the City Council, City Manager, Chief, Officers, Firefighters, Paramedics aad FIAT's; and, WHEREAS, the Pasco Fine Deparartent is required by state law (SHB 1756, laws of 2005)to establish turnout and response time goals for various emergency msponses;and, WHEREAS, the Pasco Fire. Department has developed written response coverage objectives required to comply with applicable provisions of SHB 1756;NOW,THEREFORE THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS; Section 1. That the Pasco City Council hereby approves the attached Response Standards as the Pasco Fire Department policy for determining resource deploytneru for emergency medical,fine and rescue services;and, This resolution was adopted at a regularly scheduled public meeting of the City of Pasco City Council for City of Pasco Fire Depamrent on this 7" day of February,2006. (�f;�7 J r J-OJA41� Joyce r Mayor ATTE T: APPROVED AS TO FORM; LIZ(I&I Sandy Kenw hy,Deputy City :lerk Leland B.Kerr,City Attorney PASCO FIRE DEPARTMENT RESPONSE STANDARDS i. Mission,Statement The Pasco Fire DepartmenCs mission is to provide rapid mitigation of fire, rescues-, hazardous materials and medical emergencies with compassion, integrity,and respect for the people we serve. To be the premier provjdcr of public safety services, utilizing our people as the critical resource to accomplish our goals, IL Response Standards The following standards represent the minimum desimd service level for the respective emergency response services provided by the Fire i?epartment. Affected managers shall deploy appropriated resources so as to best achieve the standards set fortis herein. A. TURNOUT: A turn out rime of two (2) minutes, which the depnrtrnent should meet 85%of the time. All,firefighting safety equipment must be donned before the vehicle can]cave the station for a fire response. B. FIRST RNGINR ARIUVAL: A responseltravel time (after turnout) of six (6) minutes for The arrival of the first engine company(at least Iwo (2) firefighters)to a fire suppression incident,which the department should meet 85%of the time. C. FIRST FULL ALARM ARRIVAL: A response/travel time (after turnout)of twelve (12) minutes for the arrival of the full complement of it I" alarm response to a fire suppression incident, which the department should meet 85% of the times "Full complement" means at least two (2) engine companies (trucks) with associated firefighters and one(1)command officer. D. BLS AMBULANCE ARRIVAL: A response/travel time (after turnout) of six (6) minutes/secends for the arrival of the first emergency medical unit with at least one (1) EMT on board to an emergency medical incident, which the department should meet 85%of the time. E, ALS AMBULANCE ARRIVAL: A response/travel time (after turnout) of six (6) minutes for the arrival of an advanced life support unit with at least one(1)paramedic on board to an ALS emergency medical incident, which the department should meet 85%of the time. F. HAZARDOUS MATERIALS: A responseltravel time (after turnout) of six (6) minutes for the arrival of the first unit with at least one (1) appropriately trained Hazardous Materials Technician on board to a hazardous materials incident, which the department should meet Z;5%of the time PASCO FIRE DEPARTMENT RESPONSE STANDARDS G. TECBMCAL RESCUE INCIDENT: A responseltravel time (after turnout) of six (6) minutes for the arrival of the first unit with appropriately trained and equipped personnel on board to a technical rescue incident, which the department should meet 85% of the time. H. AIRCRAFT RESCUE AND FIREFIGHTING: A total r sponseltfavel time of three (3) minutes for the arrival of the first unit with appropriately trained and equipped aircraft rescue and firefighting personnel on board to the site of an aircraft incident, which the dgx=rnent should meet 100% of the time (required standard of FAA), I. WILD LAND F[R.EFIGHTING: A response/tmvel time (after turnout) of six (6) minutes for the arrival of the first unit with appropriately trained and equipped wild land faefrghting personnel on board to a wild land fire incident, which the department should meet 85%of the time. Ill. ANNUAL REPORT The Fire Chief shall report the department's performance reladve to these standards to the City Managtr and City Council armually. February 2006 9 PALMA Standards of Response Performance Measurements Cali Processinc Definition; Call processing is the measurement of time from when the 911 call is answered at the Public Safety Answering Point (PSAP)until appropriate units are notified to respond. This performance standard is not a Washington State required performance measurement but is included here to more clearly define the total time involved in a response. The National Fire Protection Association (NFPA) standard for call processing is 60 seconds, 90% of the time. Actual Dispatch Center Performance for 2011 The Franklin County Communications Center met the 60 second performance 79.1% of the time. 90%of the dispatches were processed in 153 seconds or less. Turnout Time Definition: The time after notification to the fire department of the incident to the start of vehicles response to the incident (wheels rolling). Turnout Time Standard: The Pasco Fire Department has adopted a turn out time standard of 2 minutes, which the department should meet 90 % of the time, fi { .m a st donned i-efore the vehicle can leave the station for a fire response. Actual Department terforma ce for 2011 The Pasco Fire Department met the Turnout Performance Objective 75.3% of the time. 90% of the fire department incidents experieucod a turn out time of 2:30 minutes or less. 10 Fire Slu i pression Travel Time for 1" Arriving nn�e rmn���n�rnnrr••air, Definitian: Travel time for the arrival of the first arriving engine company at a fire suppression incident. Travel time starts after turnout when wheels are rolling and ends upon arrival at the incident. Travel Time Standard: The Pasco Fire Department has adopted a travel time standard of b minutes for the arrival of the first engine company to a fire suppression incident, which the department should meet 90 % of the time. Actual Denartmept.Performance for 2011. The Pasco Fire Department met the Travel Time Performance Objective 88.9% of the time. 90% of the fire department incidents experienced a I" unit response time of 6:04 minutes or less. Travel time for the deployment of a full first alarm assilinment at a fire suppression incident. Definition: The total number of personnel and equipment the fire department has recognized as the minimum needed to combat a fire in a single family residence. We measured the travel time for only those incidents that we were able to assemble the required number of personnel. Incidents that we were not able to assemble the minimum number of personnel were not used in the time performance measurement. Travel Time Standard for Full 0 Alarm Response: The Pasco Fire Department has adopted a response travel time standard of.]2 minutes for the arrival of the full complement of a 1" alarm assignment to a fire suppression incident, which the department should meet ,Q% of the time. Further, the Pasco Fire Department has adopted a 1st alarm response of 11 firefighters and or 2 engine wmpanies (if applic•.able), 2 aid units, l ladder truck and 1 Command Officer(if applicable). Actual Department Performance for 2011, The Pasco Fire Department met the Travel Time Performance Objective 78.95% of the time. 90% of the fire department incidents experienced a full first alarm travel time of 14:40 minutes or less. 11 Emergeney Medical Services Travel Time Basic Life Support Definition: Travel time for the arrival of the first arriving unit with a first responder or higher level capability at an emergency medical incident. Travel Time Standard: The Pasco Fire Department has adopted a travel time standard time of 6 minutes for the arrival of the first emergency medical unit with appropriately trained personnel on board to an emergency medical incident, which the department should meet 90% of the time. Actual Department Performance for 2013 The Pasco Fire Department met the Emergency Medical Services, Basic Lice Support Performance Objective 86.8% of the time. 90% of the fire department incidents experienced an Emergency Medical Services response time of 6.07 minutes or less. Emer encv Medical Services Travel Time Advanced Life Su mollrt Definition: Travel time for the arrival of an advanced life support unit to an emergency medical incident, where this service is provided by the fire department. Travel Time Standard: The Pasco Fire Department has adopted a travel time standard of 6 minutes for the arrival of an advanced life support (ALS) unit with appropriately trained personnel (paramedics) on board to an ALS emergency mWical incident within the city limits, whi& the department should meet 90% of the time. Actual Deeartment Performance for 2011 The Pasco Fire Departinent met the Emergency Medical Services Performance, Advanced Life Support Objective 89.9%of the time. 90% of the fire department incidents experienced an Emergency Medical Services response time of 6:03 minutes or less. 12 Hazardous Materials Travel Time Definition: Travel time for the arrival of the first arriving apparatus with appropriately trained and equipped Hazardous Materials Level "A°° Technicians on hoard at a hazardous materials incident, where this service is provided by the fire department. Travel Time Standard: The Pasco hire Department has adopted a travel time standard of 6 minutes for the arrival of the first unit with appropriately trained Hazardous Materials Technicians on board to a hazardous materials incident,which the department should meet 90 % of the time. Actual Department Performance for 2011 The Pasco Fire Department met the Hazardous Material travel time Performance Objective 71,4% of the time. 90% of the fire department incidents experienced a Hazardous Materials response time of 9,00 minutes or less. Technical Rescue Travel Time Definition: Travel time for the arrival of the first arriving apparatus with appropriately trained and equipped Technical Rescue Technicians on board at the technical rescue incident, where this service is provided by the fire department. Travel Time Standard: The Pasco Fire Department has adopted a travel time standard of 6 minutes for the arrival of the first unit with appropriately gained and equipped Personnel on board to a technical rescue incident, which the department should meet 90% of the time. Actual Department Performance far 2011 The Pasco Fire Department met the Technical Rescue Response time performance objective 80%of the time. 90% of fire department incidents experienced a Technical Rescue response time of 6,51 minutes or less. 13 D Aircraft Rescue and FireflQhtinz Turnout and Travel Time Definition: Turnout and Travel time for the arrival of the first arriving apparatus with appropriately trained and equipped Aircraft Rescue and Firefighting personnel on board at an aircraft incident, where this service is provided by the fire department. Travel Time Standard: The Pasco Fire Department has adopted a turnout and travel time standard of 3 minutes for the arrival of the first unit with appropriately trained and equipped Aircraft Rescue and Firefighting personnel on board to an aircraft incident, which the department should meet 100%of the time. This standard is adopted to meet Federal Aviation Administration requirements, I4 CFR Parts 121 and 139. Actual Dcpartment Performance for 2011 The Pasco Fire Department met the Aircraft Rescue and Firefighting performance Objective 100% of the time. 90% of the fire department incidents experienced an Aircraft Rescue and Firefighting response time of 2:37 minutes or less. Wildland Firefighting Response Time Definition: Travel time for the arrival of the first arriving apparatus with appropriately trained and equipped Wildland Firefighting personnel on board at a wild fire incident, where this service is provided by the fire department. Travel Time Standard: The Pasco Fire Department has adopted a travel time standard of 6 minutes for the arrival of the first unit with appropriately trained and equipped Wildland Firefighting personnel on board to a wildland fire incident, which the department should meet 90%of the time. Actual Department Performance for 2011 The Pasco Fire Department met the Wildland Firefighting Performance objective, 86.9% of the time. 90% of the fire department incidents expericrlced a Wildland Firefighting response time of 6:59 minutes or less. 14 Predictable Results The Pasco Fire Department experienced another very active year in 2011. The call volume increased 10%over 2010 statistics. Emergency Medical responses represent 80% Of OUT call volume therefore the largest statistical increase was in the delivery of these services. Our aggressive automatic aid program with the neighboring cities was responsible for a slight increase in total call volume; however the actual number of times that aid was given by the Pasco Fire Department to other agencies and the number of times that aid was received from other agencies was evenly balanced. As our call volume increases we will see an associated growth in the number of times that we must ask other agencies for assistance. The current indicators for 2012 support an expected increase in total calls of another 5% to 10% (of 2011 numbers); however this could vary dependent upon a number of factors including the length and severity of the summer fire season. The improved use of technology could help reduce the impact of the increasing call volume by maintaining or reducing our response times. The total time to respond to an incident is composed of three elements. a Call Processing- The call processing time which is currently measured when the dispatcher begins entering information in the dispatch computer and ends when the actual dispatch begins. + Station Alerting and Turnout Time- The time from the start of the dispatch procedure until the assigned unit(s) is enroute to the call. • Travel Time - The time it takes the assigned units to arrive at the call. There is current and available technology which can enhance this process and reduce the time needed to complete the process. One such technology is "Automated Dispatching", This technology allows the dispatcher to enter and dispatch a call while simultaneously interrogating the caller. Spokane County recently implemented automated dispatching technology. Prior to implementation they were dispatching in I minute or less 62%of the time, after automation they are dispatching calls in 1 minute or less 93% of the time. Fire station alerting, especially when combined with automated dispatching can reduce the turnout times. Changes such as automated station lighting axd indicator lights synchronized with CAD will immediately notify the response crews of the type of emergency (Fire/EMS) to which they are dispatched. This will reduce or eliminate the need to wait for"verbal"confirmation by the dispatcher. integrating engineering data into the GAD maps will provide vehicle routing information on the mobile data terminals in the vehicles, This will eliminate the time necessary to validate addresses before putting the vehicle in motion. Other adaptive changes, such as duplicate sets of turnouts and how the turnout clothing is stored can also contribute to reduced response times. Travel time is the third component of total response time. In the last 10 years the number of controlled intersections in Pasco has more than doubled. Controlling the intersection through the 15 use of"I'raffic light Preemption" can reduce response times. Traffic Preemption devices have shown to: • Significantly increase firefighter and civilian safety through early warning of on-coning emergency vehicles • Substantially reduce civilian versus fire department accident rates. Historically The Pasco Fire Department accident rate ofeivilian vs.fire department apparatus has been very lour. This indicates that our personnel are using valuable seconds to safely navigate uncontrolled intersections. Seconds could be saved by providing a green light to respondinj,•apparatus. While the community continues to grow, both in population and land area the demands for service:will certainly continue to increase. The City will be confronted with challenges in order to maintain or reduce response times. Whilc considering the need for additional tire: stations, the city should adopt a systematic, cost effective approach to meeting the needs of our community by evaluating and reducing our response times. 16 n a Plan of Action The city will continue to face challenges in order to maintain and/or reduce response limes. The expected growth in population and land area will impact our ability to maintain response times. The following goals are developed to decrease the impact in a systematic and fiscally responsible way. Call Processing • Maintain the goal of processing calls within 60 seconds 90% of the time. • Improve communications systems between communications centers. Turnout Times • Develop alternative methods of fire station alerting that provides for the; shortest alert processing. • Review the activities associated with the beginning of response to look for time savings. • Solve the ongoing mapping problems that reduce the reliability of the Mobile Data Terminal maps. • Proceed with "vehicle routing" upgrade on the MDT's to reduce or eliminate the time spent looking at the wall map prior to responding. Travel Time • Coordinate and communicate with the City Engineer's office on traffic management for future intersection development_ • Implement Automatic Vehicle Location (AVL) as a dispatch method to allow for the dispatch of the closest available unit. Full Effective Response Force • Link neighboring CAD systems to provide the timeliest and most appropriate response force. • Develop a means to dispatch simultaneously and on a common radio channel with neighboring communications centers to reduce call processing and automatic aid response times. 17 ATTACHMENT B 2011 RESULTS _ _ (Excludes mutual and automatic aid liven events) Response Number Adopted Actual Percent t Adopted Actual Percent Adopted Actual Percent Type of Tnrnoats�Performance Mewing V Performance Meeting is'Full Standard Meeting Responses Standard (MbUtes) 8taadnW ? Arrival (Minutes) Standard Arrival Performance Standard (Minutes) Response Response (Minutes) (Minutes.) (minutes) Fire Suppression Response 216 2:00 3:14 55.4919 6:00 6:04 88.9% 12:00 14:40 78.45% (NFIRS 100- 199) First Arriving Medical Unit � (.BLS or ALS) 3,703 3lQO Z:1�i 84:316 6:00 b:07 84.8% NIA N/A NIA First Arriving ALS Unit 2,624 2-308 2 A SM 6:00 6:03 89.9% WIA NIA NIA � Hazardous Material 7 Lee .2:" 828% 6:00 9:00 71.4% MA N/A NIA Technical Rescue 5 Z:04 ba IWA 6:00 6:51 80% MA NIA NIA ARFF i 3 MA MIA WA 3:00 1 2:37 100% NIA N/A NIA Wildland T 61 _ 41 2 _ '.3' i 6:00 6:59 86.9% NIA NIA WA Total - Measured 3,732 2t30 79.x'.'► 6:00 6:09 99.1% WA NIA NIA Responses 18 RCW 35.103.010 Intent. The legislature intend.-, for city fire departments to set standards for addressing the reporting and accountability of substantially career fire departments, and to specify performance measures applicable to response time objectives for certain major services. The legislature acknowledges the efforts of the international city/county management association, the international association of fire chiefs, and the national fire protection association for the organization and deployment of resources for fire departments. The arrival of first responders with automatic external defibrillator capability before the onset of brain death, and the arrival of adequate fire suppression resources before [lash-over is a critical event during the mitigation of an emergency, and is in the public's best interest. For these reasons, this chapter contains performance measures. comparable to that research, relating to the organization and deployment of fire suppression operations, emergency medical operations, and special operations by substantially career fire departments. This chapter does not, and is nut intended to, in any way modify or limit the authority of cities and towns to set levels of service. AGENDA REPORT FOR: City Council March 27, 2012 TO: Gary Crutchfi ,~ {Manager Regular Mtg.: 4/2/12 Rick White, Community &Economic Development Director `ROM: Dave McDonald, City Planner SUBJECT: REZONE APPEAL -I !Q R-3 in JbV 200 300 Blocks of N. Charles 'MF# Z2012-001) 1. REFERENCE(S): 1. Vicinity Map 11. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 4/2: MOTION: I move to set 7:00 p.m., May 7, 2012 as the time and date for a closed record hearing to consider the appeal of the Planning Commission rezone recommendation under Master File Number Z2012-001. 1I1. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. Following the conduct of a public hearing on March 15, 2012 the Planning Commission recommend 3.58 acres located in the 200 and 300 block of North Charles Avenue be rezoned from R-I to R-3 with a concomitant agreement. B. Neighboring property owners filed a written appeal of the Planning Commission recommendation. C. The appeal requires the City Council to set a time and date for a Closed Record Hearing. The earliest date available for a Closed Record Hearing (which provides the necessary notification period and allows for transcript preparation) is May 7, 2012. 3(e) Item: Rezone R- I to R-3 vicinity A licant: Pasco Pp Family Map File - : Z 2012-00 I,;;& .i ;SW SAW 4__19 AQ Ila lint Cs 0096 r�1 •• -•� ., S '^.. a i� �� rti. - � 117 1 7• i1 i • pq 1 �'i �,. ` • fit �ji �. v ;•, r� t 74 . - .� `�js" _ �•.' �_ _ 1 !� � � mss. �r-� AGENDA REPORT NO. 1 FOR: City Counc' 1 March 19, 2012 TO: Gary Crutchfie, anager Ahmad Qayou i, P i Works Director FROM: Reuel Klelwklant Division Manager Regular Mtg.: 04/02112 SUBJECT: Accept 2011 PWRF Irrigation Circle Replacement 4C3-11-10-WRF I. REFERENCE(S): I. Resolution 11. ACTION REQUESTED OF COUNCIL I STAFF RECOMMENDATIONS: 04/02: MOTION: I move to approve Resolution No.-1!;a%;keccepting the work performed by Valmont Northwest, Inc., under contract for the 2011 PWRF Irrigation Circle Replacement Project 4C3-11- 10WRF. 111. FISCAL IMPACT: Water/Sewer Fund 1V. HISTORY AND FACTS BRIEF: A) On February 22, 2011, Council ratified the City Manager's award of the 2011 PWRF Irrigation Circle Replacement Project #0341-10WRF to Valmont Northwest, Irw. for$95,766.85, including applicable sales tax. V. DISCUSSION: A) The fmal project construction contract totaled$96,249.26, including sales tax. B) The final costs differ from the original bid due to the addition of powder coating the circle wheels to prevent the wheels from rusting. C) The work is now complete and staff recommends acceptance of this work. 3(f) RESOLUTION NO. 3�tac� A RESOLUTION ACCEPTING WORK PERFORMED BY VALMONT NORTHWEST, INC., UNDER CONTRACT FOR THE 2011 PWRF IRRIGATIOAT CIRCLE REPLACEMENT PROJECT#C3-11-10-WRF WHEREAS, the work performed by Valmont Northwest.. Inc., under contract for the 2011 PWRF Irrigation Circle Replacement Project #C3-11-10-WRF, has been examined by Engineering and has been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Engineering recommendation that the City of Pasco formally accept the contractor's work and the project as complete;NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City Council concurs with Engineering's recommendation and thereby accepts the work performed by Valmont Northwest, Inc., under contract for the 2011 PWRF Irrigation Circle Replacement Project #C3-11-10-WRF, as being completed in apparent conformance with the project specifications and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Be It Further Resolved., that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Manager. PASSED by the City Council of the City of Pasco this 2nd day of April,2012. Matt Watkins Mayor ATTEST: APPROVER AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorncy AGENDA REPORT FOR: City Counci March 27, 2012 TO: Gary Crutchfi anager Regular Mtg.: 4/2/12 Rick White, Community& •conumic Development Director�IM FROM: David 1. McDonald, City Planner SUBJECT: STREET VACATION Portion of East "B" St.. Gray and M (Montez) (MP# VAC 2012-0021 1. REFERENCE(S): 1. Overview Map 2. Vicinity Map 3. Proposed Ordinance 11. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: Conduct Public Hearing: 4/2: MOTION: I move to adopt Ordinance No. , an Ordinance vacating a portion of East"B"Street, a portion of South Gray Avenue and a portion of South Myrtle Avenue and, further, to authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The owner of Lots 1-8 and 27-32, Block 5, Owen's Addition has petitioned to vacate the south 10 feet of"B" Street, all of South Gray Avenue and the west 10 feet of South Myrtle Avenue adjacent to said lots. The property owner is planning on developing a truck storage facility on the property. B. The City Council set April 2, 2012 as the date to consider the vacation. V. DISCUSSION: A. The proposed street vacation has been reviewed by the City Engineering Division and the utility providers. No easements have been requested. 7(a) Overview A ficant: A fr d & Maria Montez e , Vacation Gray yrtle i Map File VAC 2012-002 411' 117; F,TV__4444 4 �, '-'tee��' '�4 1� s / `'' � •�'�'' � � .s''� �� � � �, "� . L-9! 'elSf ! 10�.rte. �►' Im AA •��'!, _,. '�" �• t . _�j�� mac- �.1 "'- �, w� lii�Hi�1'� Item: ROW Vicinity a / f + ♦ M Applicant: Alfred & Maria Montez N Map File #: VAC 2012-002 Zin Ir e 1 l: i 1 J. 1 _ MI w r Ilk L, sh ' �► . 41 _ jor �. �'mom• - � '• ,sue .. . •• �� ,. .� '� _ -. �r ::.� '� � '•e �..� ��4 f.. �.r .fir ' _ • • �° �� .� • _ r • .w WHEN RECOLWED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North T' Pasco, WA 99301 ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF FAST"B" STREET AND A PORTION OF SOUTH GRAY AVENUE AND SOUTH MYRTLE AVENUE. WHEREAS, from time to time in rs:sponse to petitions or in cases where it serves the general interest of the Cite, the City Council ►nay vacate right-of-way; and WHEREAS,all steps and procedures required by law to vacate said right-of-way have been duly taken and performed; NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON. DO ORDAIN AS FOLLOWS: Section 1. That the south 10 feet of East "B" Street from the west right-of-way line of South Gray Avenue to and extending 10 feet east of the west right-of-way line of South Myrtle Avenue and the west 10 feet of South Myrtle Street adjacent to Black 5, Owens Addition including that portion of the west 10 feet of South Myrtle Avenue extending 10 feet north of the north line of said Block 5, together -with all of South Gray Avenue south of ttte south right-of wuy line cal' East '`13" Street as established by this vacation ordinance except that a 25 foot radius Shull Ix: retained at thu wu1hwLst corner of South Myrtle Avenue and East"B" Street, as depicted in Exhibit"1" be and the sane are hereby vacated. Section 2. That a certified copy of this ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County, Washington. Section 3. This ordinance shall take full force and effect five(5)days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco,this 2`d day of April,2012, Mat( Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland S. Kerr, City Attorney City Clerk City Attorney Exhibit Item' ROW Vacation Gray Myrtle & "B" #� Applicant; Alfred & Maria Montez x File #: VAC 2012-002 1 --1 L -B n y �ea� SITE �. L 1 - yia � �I AGENDA REPORT rte, FOR: City Council, March 19,2012 l TO: Crary Crutch 1 I/Manager Special Mtg.: 3/2N12 Regular Mtg.: 412/12 FROM: Stan Strebel, 6 lity t' ty Ma 11 a t SUBJECT: Franchise Agreement— PocketiNet 1. REFERENCE(S): 1. Proposed Ordinance 2. Proposed Franchise Agreement 3, PocketiNet Proposed Locations 11. ACTION REQUESTED OF COUNCIL,/STAFF RECOMMENDATIONS: 3/26: CONDUCT A PUBLIC HEARING 4(2; MOTION: 1 move to adopt Ordinance No. granting a franchise to PocketiNet Communications, Inc., and to authorize the Mayor to sign the franchise agreement and, further, to authorize publication of the Ordinance by summary only. 111. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: A) PocketiNet is a telecommunications internet service provider with headquarters in Walla Walla, The company offers high speed internet services to business and residential customers. PocketiNet intends to locate most of its facilities in conjunction with Franklin PUD and Century Link facilities. B) Franchises are reviewed and granted pursuant to Title 15 of the Pasco Municipal Code. Prior to granting a franchise, the City Council must conduct a public hearing and thereafter make a decision on the franchise based on the following standards: I. Whether the applicant has received all retluisite licenses, certificates, and authot'izations from the Federal Communications Commission, the Washington Utilities and 'Transportation Commission, and any other federal or state agency with jurisdiction over the activities proposed by the applicant; 2. The capacity of' the public ways to accommodate the applicant's proposed facilities; 3. The capacity of the public ways to accommodate additional utility, cable, open video, and telecommunications facilities if the franchise is granted; 4. The damage or disruption, if any, of public or private facilities, improvements, service, travel or landscaping if the franchise is granted; 5. The public interest in minimizing 1he cost and disruption of construction within the public ways; 6. The service that applicant will provide to the community and region; 7. The effect, if any, on public health, safety and welfare if the franchise is granted; 8(a) X. The availability of alternate routes and/or locations for the proposed facilities, 9. Applicable federal and state communications laws, regulations and policies; 10. Such tither factors as may demonstrate that the grant to use the public ways will serve thy'comaitioily interest and; 11. Such other and further factors as, may be Termed appropriate; by the City. C) The Council cannot approve a franchise until the next regularly scheduled meeting following the hearing. Assuming Council agrees to grant the franchise, adoption of the attached proposed ordinance is recommended. A written determination is required for denial of a franchise. V. DISCUSSION: A) The franchise document grants authority and establishes essential parameters for the' instal lationloperation of the franchisue's improvements within the city': rights-of-way, such as permitting, insurance, records, fees, etc. 13) Staff has prepared the attached, proposed franchise agreement in compliance with Title 15 and applicable state and federal law. State law prohibits the City from imposing a franchise fee on utility providers ether than cable television operations. Federal law prohibits the taxation of internet services. (') PockatiNct, as a geginre of goodwill, has offered to provide ten strands of"dark fiber" for governmental use (see Section IOQ at all locations along, any route constructed by it. it would be the City's responsibility to pay costs associated wi.h connecting,and operating;such fiber. 1)) Individual }permit applications lbr specific installations are required of franchisees. ORDINANCE NO. AN ORDINANCE, of the City of Vasco, Washington, Approving the PocketiNet Communications, Inc., Franchise and Authorizing the Mayor to Sign the Franchise Agreement WHEREAS, the City of Pasco, Washington ("City") and PocketiNet Communications, Inc. ("Franchisee"), are parties to the 1�ranchise Agreement attached hereto as Exhibit A; and WHEREAS, the City has authority to regulate telecommunication franchises pursuant to RCW 35A.47.040 and Pasco Municipal Code Chapter 15.10; and WHEREAS, the City has reviewed franchisee's application far a franchise and determined that the Franchisee possesses the legal, technical and financial capability to operate vrithin the City's rights-of-way; and that the grant of a franchise will meet the standards set forth in Pasco Municipal Cade Section I1.10,050; acid WHEREAS, the City and Franchisee have mutually negotiated a Franchise Agreement containing the f'ranchisee's obligations and responsibilities while operating within the City's rights-of'-way; and WHEREAS, the City has provided opportunities to the public for participation in the application process by publishing this Ordinance and by conducting a public hearing on Mach 26, 2012;NOW. 'fI1ERfiFORE, THE CIT4' COUNCII. OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Franchisee is hereby granted a franchise subject to the terns and conditions of the Franchise Agreement attached hereto as Exhibit A; and furthermore, the Mayor of the City of Pasco, Washington, is hereby authorized to execute said Franchise Agreement. Section 2. This Ordinance shall take full force and effect five (5) days after its approval. passage, and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this day of T _ ,2012. Matt Watkins, Mayor -- --- ATTEST: APPROVED AS TO FORM: Debra Clark, City Clerk Leland B. Kerr, City Attorney FRANCHISE ACREEMF,NT THIS FRANCHISE AGREEMENT entered into this day of 2012, by and between the City of Pasco, Washington, a Washington Municipal Corporation (hereinafter referred to as "City", and PocketiNet Communications Inc., a Washington Corporation (hereinafter referred to as"Franchisee"). WHEREAS, Section 35A.47.040 and Chapter 35.99 of the Revised Code of Washington authorize the City to grant, ptsrmit, and regulate non-exclusive franchises for the use uf'public ways;and WHKREAS, franchisee has applied to the City for a non-exclusive franchise to enter, occupy, and use public ways to construct, install, operate, maintain, and repair fiber optic facilities to offer and provide telecommunications service for hire, sale, or resale in the City of Pasco; and WHEREAS, a franchise is a legislatively approved master permit granting general permission to a service provider to enter, use, and occupy the public ways for the purpose of locating facilities subject to requirements that a franchisee must also obtain separate use permits from the City for ttsc of each and every specific location in the public ways in which the franchisee intends to construct, install, operate, maintain, repair or remove identified facilities; and WHEREAS, a franchise does not include, and is not a substitute for any tither permit, agreement, or other authorization required by the City, including without limitation, permits required in connection with construction activities in public ways which must be administratively approved by the City after review of specific plans; and WHEREAS, the City has conducted a public hearing and reviewed the application based upon the standards set forth in Pasco Municipal Cade Section 15.10,050 (A); and WHEREAS, the City approved this Franchise Agreement pursuant to RCW 35A.47.040 at the next regularly scheduled Council meeting following the public; hearing pursuant to Ordinance No. ; and WHEREA,S, the City finds that the franchise terms and conditions contained in this Agreement are in the public interest, NOW,THERE WORE, the Parties do agree: as follows: 1. DEFINI'T'IONS. )-'or the purposes ol'this Agreement,all terms shall have the meaning as defined in P?M(' 15.10.020. Terms not specifically defined therein shall be given their ordinary meaning, The following additional definitions shall apply. I'ocketiNet Franchise Agreement - Page 1 03!2112012 A. "Conduit" means optical cable housing, jackets, or casing, and pipes, tubes, or tiles used for receiving and protecting wires, lines, cables, and communication and signal lines. B. "bark fiber" means properly functioning optical cable which is not used or available for use by Franchisee or the general public. C. "Information" means knowledge or intelligence represented by any form of writing, signs, signals, pictures, sounds, or any other symbols. D. "Optical Cable" means wires, lines, cables and communication and signal lines tised to convey communications by fiber optics. 2. FRANCHISE. A. The City grants to Franchisee, subject to the terms and conditions of this Agreement and PMC Title 15, a non-exclusive franchise to enter, occupy, and use public ways for constructing, installing, operating, maintaining, repairing, and removing wireline facilities necessary to provide telecommunications services. Franchisee shall construct, install, operate, maintain, repair, and remove its facilities at its expense. B. Any rights, privileges, and authority granted to Franchisee under this Franchise are subject to the legitimate rights of the police power of the City to adopt and enforce general ordinances necessary to protect the safety and welfare of the public, and nothing in this Franchise excuses Franchisee from its obligation to comply with all applicable general laws enacted by the City pursuant to such power. Any conflict between the terms or conditions of this Franchise and any other present or future exercise of the City's police powers Mil be resolved in favor of the exercise of the City's police power. C. Nothing in this franchise excuses Franchisee of its obligation to identify its facilities and proposed facilities and their location or proposed location in the public ways and to obtain use and/or development authorization and permits from the City before entering, occupying, or using public ways to construct, install, operate, maintain, repair, or remove such facilities. D. Nothing in this Franchise excuses Franchisee of its obligation to comply with applicable codes, rules, regulations, and standards subject to verification by the City of such compliance. E. Nothing; in this Franchise shall he construed to create a duty upon the City to be responsible far construction of facilities or to modify public ways to accommodate Franchisee's facilities, PocketiNet Franchise Agreement - Page 2 03/21/2012 J.'. Nothing in this Franchise grants authority to Franchisee to provide or offer cable television service. G. Nothing in this Franchise shall be construed to create, expand, or extend any liability to the City or to any third party user of Franchisee's facilities or to otherwise recognize or create third party beneficiaries to this Franchise. 3. TERM, Authorization granted under this franchise shall be for a period of ten (10) ycars from the effective date of this Franchise. The Franchise may be- renewed -,* provided in PMC Chapter 15.20. This Agreement shall be effective five (5) days following the passage of an authorising Ordinance and publication of this Franchise, or a summary thereof, occurs in a newspaper of general circulation in the City pursuant to RCW 35A.47.040, or upon eaccution by all parties hereto whichever occurs later. 4. LOCATIO` OF FACILITIES. Franchisee will locate its facilities consistent with the requirements of PMC 'title 15 and as directed by the City Engineer. Prior to installation of any lhcilit!es, Franchisee shall obtain all required City permits. 5, COORDINATION OF CONSTRUCTION ANI) INSTALLATION ACTIVITIES AND OTHER WORK. A. All construction or installation locations, activities and schedules shall be coordinated, as ordered by the City consistent with PMC Chapter 15.70 and as directcd by the City Engineer, to minimize public inconvenience, disruption or damages. f►. HOLD HARMLESS AND ASSUMPTION OF RISK. A. Hold Harmless. (1) Franchisee hereby releases, covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its elected officials, officers, employees, servants, agents, and representatives against any and all claims. costs, damages, judgments, awards, or liability, of any kind whats-never, to any person, including claims by Franchisee's own employees to which Franchisee might otherwise be immune under Title 51 RCW, arising from injury or death of any person or damage to property arising out of the acts or omissions of Franchisee, its officers, employees, servants, agents or representatives. (2) Franchisee further releases, covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its elected officials. officers, employees, servants, agents, and representatives from any and all claims, costs, damages. judgments, awards, or liability to any person, including claims by Franchisee's own employees, including those claims to PocketiNet Franchise Agreement - Page 3 03/21/2012 which Franchisee might otherwise have immunity under Title 51 RCW, arising out of Franchisee's exercise of the rights, privileges, or authority granted by this Franchise which are made against the City, in whole or in part, due to the City's ownership or control of the public ways or other City property, by virtue of the City permitting the Franchisee's entry, occupancy or use of the public ways, or based upon the City's inspection or lack of inspection of work performed by Franchisee, its officers, employees, servants. toga-nts or representatives. (3) 'These hold harmless covenants include, but are not limited to claims against the City arising as a result of the acts or omissions of Franchisee, its officers, employees, servants, agents or representatives in barricading. instituting trench safety systems or providing other adequate warnings of any excavation, construction, or work in any public way or other public place in performance of work or services permitted under this Franchise. (4) Franchisee 1"unher agrees to indemnify, hold harmless and defend the City, its elected officials, officers, employees, servants, agents, and representutives against any claims for damages, including, but not limited to, business interruption damages and lost profits, brought by or under users of the Franchisee's facilities as the result of any interruption of service due to damage or destruction of the user's facilities caused by or arising out of damage or destruction of Franchisee's facilities, except to the extent any such damage or destruction is caused by or arises from the active; sok negligence of the. City. (5) In the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence or Franchised and the City, Franchisee's liability hereunder shall be only to the extent ulTranchisce's negligence:. (6) It is further specifically and expressly understood that the hold harmless covenants provided herein constitutes the Franchisee's waiver of immunity under Title 51 RCW- This waiver has been mutually negotiated by the parties. (7) Inspection or acceptance by the City of any work perfbrmed by Franchisee at the time of* completion of construction or installation shall not be grounds IE,r avoidance of any of these hold harmless covenants. Said hold harmless obligations shall extend to claims which are not reduced to a suit and any claims which may be compromised prior to the culmination of any litigation or the institution of any litigation. (b) lit the event that franchisee refuses the tender of do Wtisc in any suit or any claim, said tender having been made pursimnt to the hold harmless PocketiNet Franchise,Agreement - Page 4 03121/20 12 covenants contained herein, and said refusal is subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree to decide the matter), to have been a wrongful refusal on the part of Franchisee. then Franchisee shall pay and be responsible for all of the City's costs for defense of the action, including all reasonable expert witness fees and reasonable attorneys' fees and the reasonable costs of the City, including reasonable attorneys' fees of recovering under this hold harmless clause. B, Assumption of Risk. (l) Franchisec assumes the risk of damage to its facilities located in the City's public ways from activities conducted by third parties or the City, its elected officials, officers, employees, servants, agents, or representatives. Franchisee releases and waives any and all claims against the City, its elected officials, officers, employees, servants, agents, and representatives for damage to or destruction of the Franchisee's facilities except to the extent any such damage or destruction is caused by or arises from active sole negligence of the City. (2) Franchisee beats sole responsibility to insure it< property. Franchisee shall ensure that its insurance contracts waive subrogation claims against the City, its elected officials, officers, employees, servants, agents, and representatives, and franchisee shall indemnify, defend and hold harmless the City, its elected officials, officers, employees, servants, agents, and representatives against any and all subrogation claims if it fails to do so. 7. INSURANCE. Franchisee shall obtain and maintain, at its cost, worker's compensation insurance and the following liability insurance policies insuring both Franchisee and the City, and its elected and appointed officers, officials, agents, employees, representatives, engineers, consultants, and volunteers as additional insureds against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights, privileges, and authority granted to Franchisee: A. Comprehensive genonal liability insurance, written on an occurrence basis, with limits not less than: (1) $5,000,000.00 for bodily injury or death to each person; (2) $5,000,000.00 for property damage resulting from any one accident; and (3) $5.000,000,;10 for all other types of liability. B. Automobile liability for owned, non-owned and hired vehicles with a limit of $1,000,000.00 per ucc:urrence. PocketiNet Franchise Agreement - Page 5 03/21/2012 C. The liability insurance policies required by this section shall be maintained by Franchisee throughout the term of this Franchise, such other periods of time during which Franchisee's facilities; occupy public ways, and while Franchisee is engaged in the removal of its facilities. Franchisee shall provide an insurance certificate, together with an endorsement naming the City, and its elected and appointed officers. officials, agents, employees, representatives, engineers, consultants, and volunteers as additional insureds, to the City prior to the cotrunencement ol'any construction or installation of any facilities pursuant to this Franchise, or other work in a public way. Any deductibles or self-insured retentions muss bc: declared to and approved by the City. Payment of deductibles and self-insured retentions shall be the sole responsibility of Franchisee. The insurance certificate required by this section shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Franchisee's insurance shall be primary insurance with respect to the City, its of'ficcrx, Oflic:ials, employees. alc:rxts, eotrsultauts, and volunteers. Any insurance maintained by the City, its Officer-,, officials, employees, consultants, agents, and volunteers shall be in excess of'the Franchisee's insurance and shal l not contribute with i*.. D. In addition to the coverage requirements set forth in this section, each such insurance policy shall contain an endorsement in a form which substantially complies with the (bilowing: "it is hereby understood and agreed that this policy may not be canceled nor the intention not to renew be stated until 10 days after receipt by the City, by registered mail, of a written notice addressed to the Pasco City Manager of intent to cancel or not to renew for reason of nonpayment of premium and until 30 days after receipt by the City, by registered mail, of a written notice addressed to the Pasco City Manager of intent to cancel or riot to renew for reason for any other reason." E. At least ten (10) clays prior to said cancellation or non-renewal, Franchisee shall obtain and fiu-nish to thc City replacement insurance policies meeting the requirements of this section. 8. SECURITY FUND. The fund described herein Shall be considered an additional security and protection above, beyond and in addition to those rights and remedies already provided by other law including,, but not limited to, 1'MC `title 15. Franchisee shall establish and maintain u &curity fund in the amount of ten thousand dollars ($10,000), at its cost, with the City by depositing such monies, bonds, letters of credit, or other instnutrents in such form and amount acceptable to the City, No sums may be withdrawn from the fund by Franchisee without consent of the City, 'l'ltc security fund shall be PocketiNet Franchise Agreement - page 6 03/21/2012 maintained at the sale expense of Franchisee so long as any of the Franchisee's facilities occupy a public way. A. The fund shall wrve as security for the full and complete performance of this Franchise, including any claims, costs, damages, judgments, awards, or liability, of any kind whatsoever, the City pays or incurs, including civil penalties, because of any failure attributable to Franchisee to comply with the provisions of this Franchise or the codes, ordinances, rules, regulations, standards, or permits of the City. B, Before any sums are withdrawn from the security fund, the City shall give written notice to Franchisee: (1) Describing the act, default or failure to be remedied, or the claims, costs, damages, judgments, awards, or Iiability which the City has incurred or may pay by reason of Franchisee's act or default; (2) Providing a reasonable opportunity for Franchisee to first remedy the existing or ongoing default or failure, if applicable; (3) Providing a reasonable opportunity for Franchisee to pay any monies due the City before the City withdraws the amount thereof from the security fund. ii'applicable; and (4) Franchiseu will be given an opportunity to review the act, default or failure described in the notice with the City or his or her designee. C. Franchisee shall replenish the security fund within fourteen (14) days after written notice from the City that there is a deficiency in the amount of the fund. D, Insufficiency of the security fund shall not release or relieve Franchisee of any obligation or financial responsibility. 9. T'AXE& CHARGE AND-FEE A. Franchisee shall hay and be responsible for all charges and fees imposed to recover actual administrativc expenses incurred by the City that are directly related to receiving and approving, this Franchise, any use and/or development authorizations which may be required, or any permit which may be required, to inspect plans and construction, or to the preparation of a detailed statement pursuant to RCW Ch. 43,21C, Regular application and processing charges and fees imposed by the City shall be deemed to be attributable to actual administrative expenses incurred by the City but shall not excuse Franchisee from paying and being responsible for other actual administrative expenses incurred by the City. PocketiNet Franchise Agrcernew - Page 7 03/21/2032 (l) Following the execution of this Franchise Agreement, Franchisee shall pay to the City. within thirty (3€I) days of the date of its billing, reimbursement for actual expenses for meeting notice and ordinance publications required in connection with the franchise approval. B. Franchisee shall lay and be responsible for taxes permitted by law. 10. ADDITIONAL, DUCT'S AND CONDUi'l'S. A. In consideration for the goodwill, general publicity and public benefit, which constitutes an important part of Franchisee'% business strategy in Benton and Franklin counties, and in consideration for the following provisions requiring the City not utilize franchisee provided facilities for competing with the Franchisee by providing services to the general public, Franchisee does agree to construct and install additional ducts and conduits as enumerated below. B. Franchisee shall construct and install additional ducts and conduits when and where requested by the City and related structures necessary to access the ducts and conduits, Ouch ducts and conduits shall be readily accessible and available fur governmental use as determined by the City in its sole discretion. Such ducts and conduits shall riot be used to provide telecommunications or cable television service for hire, sale. or resale to the general public unless otherwise agreed by the parties. The City shall not be churg-ed or responsible for any more than the incremental cost% to construct and install such ducts and conduits, and the Ctty shall not be charged or responsible for any use,maintenance, or repair costs. C. In lieu of constructing and installing additional conduits in overhead facilities, and as a condition cal` geeing; allowed to place uptical cable, optical cable housing, or splicing connections on existing utility poles as overhead facilities, Franchisee shall cotstruct, install, maintain, and repair dark fiber, loops, splicing; connections. and related structures necessary to access the dark fiber, for governmental use. at all locations where Franchisee constructs or installs overhead facilities. Franchisee shall construct, install, maintain, and repair ten (10) strands of dark fiber for governmental use at all locations along any route constructed by Franchisee, unless some other amount is mutually agreed by the parties for a particular location. Loops, splicing connections, and related structures necessary to access such dark fiber shall be constructed and installed by Franchisce at locations designated by the City along any route constructed by Franchisee at locations designated by the City along any route constructed by Franchisee under this Franchise. Such dark fiber, loops, and splicing, connections shall be readily accessible and available for governmental use as determined by the City in its sole discretion. It is the City's responsibility to reirnburse the Franchisee for Franchisee's actual cnsts to install the dark fiber service drops from the storage loops into the City's buildings of facilities as required. Such costs shall be PocketiNet Franchise Agreement - Page 8 03/21/2012 provided to and approved by the City prior to commencement of any construction of such service drops by Franchisee. All such dark fiber, loops, splicing connections, and related structures shall not be used by the City to provide telecommunications or cable television service 1br hire, sale, or resale to the general public unless otherwise agreed by the parties. D. Except as expressly provided in this section, Franchisee shall not charge the City for auy costs, or any kicid whatsocver, for lhcilities provided by Franchisee in accordance with this section. 11. VACATION OF PUBLIC WAYS. -fhe City resc:rvcs the right to vacate any public way which is subject to rights, privileges, and authority granted by this Franchise, if Franchisee has t:acilities in such public way. the City shall reserve an casement for Franchisee. franchisee acknowledges its responsibility to provide the City with information on its system/facilitics. pursuant to PMC sections 15.70.100 and 15.70.310. 12. RECORDS. A. lranchisee will manage all of its operations in accordance with a policy of keeping its documents and records open and accessible to the City. The City will have access to. and the right to inspect, any documents and records of Franchisee and its affiliates that are reasonably necessary for the enforcement of this Franchise or to verify Franchisee's compliance with terms or conditions of this Franchise. Franchisee will not deny the City access to any of Franchisee's records on the basis that franuhisce's documents or records arrr under the control of any affiliate or a third party, Franchisee will take all steps necessary to assist the City in complying, with the Public records Act, RC W Chapter 42.56, including providing the City with a written statement identifying how long it will take to produce records not immediately available, and for any records that are not disclosed in whale or in part. a written statement from Franchisee's legal counsel stating the authority upon which the documents are withheld. B. All documents and records maintains-d by Franchisee Shall be made available for inspecTion by the t'ity at reasonable times and intervals; providuf, however, that nothing in this section shall be construed to require Franchisee to violate state or federal law regarding subscriber privacy. nor shall this section be construed to require franchisee to disclose proprietary or confidential information without adequate. safeguards fur its confidential or proprietary nature. C. One copy of documents and records requested by the City will be furnished to the City at the cost of franchisee. 11' the requested documents and records are too voluminous or for security reasons cannot be copied or removed, them Fear hisee may request, in writing within ten (10) days of the City's request, that the City PocketiNet Franchise Agreement - Page 9 03/2112012 inspect them at franchisee's local office. If any documents or records of Franchisee are not kept in a local office and/or are not made available in copies to the City, and if the City determines that an examination of such documents or records is necessary or appropriate for the enforcement of this Franchise, or to verify Franchisee's compliance with terms or conditions of this Franchise, then all reasonable travel and related costs incurred in making such examination shall be paid by Franchisee. 13. NOTICES. A. Any regular notice or information required or permitted to be given to the parties under this Franchise may be sent to the following addresses unless otherwise specified: The City: City of Pasco Attn: City Manager 525 North 3rd Pasco WA 99301 Phone: (509) 545-3404 Franchisee: PocketiNct Attn: Todd Brandenburg, President 45 Terminal Loop Road, Suite 210 Walla Walla WA 99362 (509) 593-4706 13. Franchisee shall additionally provide a phone number and designated responsible officials to respond to emergencies. After being notified of an emergency, Franchisee shall cooperate with the City and make best efforts to immediately respond to minimize damage, protect the health and safety of the public and repair facilities to restore them to proper working order, 14. NON-WAIVER. The failure of the City to exercise any rights or remedies under this Franchise or to insist upon compliance with any terms or conditions of this Franchise shall not he a waiver of any such rights. remedies, terms or conditions of this Franchise by the City and shall not prevent the City from demanding compliance with such terms or conditions at any future time or pursuing, its rights or remedies. 15. EMINENT DOMAIN. This Franchise is subject to the power of eminent domain and the right of the City Council to repeal, amend or modify the Franchise in the interest of the public. In any proceeding undcar eminent domain, the Franchise itself shall have no value. 16. DAMAGE TO FACILITIES. Unless directly and proximately caused by the active sole negligence of the City. the City shall not he liable for any damage to or loss of any l ocketiNet Franchise Agreement - Page 10 03/21/2012 localities as a result of or in connection with any public: works, public improvements, construction, excavation. grading, filling, or work of any kind on, in, under, over, across, or within a public way done by or on behalf of the City. 17. GOVERNING LAW AND VENUE. This Franchise and use of the applicable public ways will be governed by the laws of the State of Washington, unless preempted by federal law. Franchisee agrees to be bound by the laws of the State of Washington, unless preempted by federal law, and subject to the jurisdiction of the courts of the State of Washington. Any action relating to this Franchise must be brought in the Superior Court of Washington for Franklin County, or in the case of a Federal action, the United States District Court for the 1:astcrn District of Washington at Richland, Washington, unless an administrative agency has primary jurisdiction. Prior to initiating any litigation under this Agreement,the parties shall meet in a good faith effort to mutually resolve disputes. 18. SEVERABILITY. lt' any section, sentence, clause or phrase of this Franchise or its application to any person or entity should be held to be invalid or unconstitutional by a court of competent .jurisdiction, such invalidity or tincoristitutionality will not affcet the validity or constitutionality of any other section, sentence, clause or phrase of this Franchise nor its application to any other person or entity. 19. CHANGES IN LAW. If, during the term of this Franchise,there becomes effective any change in Federal or State law, and such change specifically requires the City to enact a code or ordinance which conflicts or is inconsistent with any provision of this Franchise, or creates additional rights or responsibilities which would materially alter the terms of this franchise, then in such event either party may within one hundred and twenty (120) days of'the eiRctivc date ol'such change, notify the other party in writing of such party's desire to commence negotiations to amend this franchise. Such negotiations shall only encompass the specific term or condition affected by such change in Federal or State law, and neither party shall be obligated to re-open negotiations on any other term or condition of this Franchise, although the parties may voluntarily choose to do so. if no agreement is reached within ninety (90) days of reopening the negotiations, either party may declare its intent to terminate the Franchise, which termination shall become effective one hundred and eighty (180) days thereafter. Notwithstanding; any other provision in this Franchise to the contrary, the right of either party to terminate the Agreement pursuant to material changes in Federal and State law and unsuccessful renegotiation of the Franchise shall be an independent right not subject to the administrative requirements for termination of the Franchise contained in PMC Title 15, or this I=rancbisc Agreement, PorketiNet Franchise Agreement - Vage 11 03121/2012 20. MISCELLANEOUS. A. FAual Errtpio];ment uq4_ .NQnAjscn tit ioa, Throughout the term of this Franchise, Franchisee will fully comply with all equal employment and nondiscrimination provisions and requirements of federal, state, and local laws, and in particular, FCC rules and regulations relating thereto. B. Local Employment Efforts and Contractor Qualifications. Franchisee will use reasonable efforts to Utilize qualified local contractors, including minority business enterprises and woman business enterprises, whenever the Franchisee employs contractors to perlbrm work under this Franchise_ Franchisee's contractors and subcontractors must be licensed and bonded in accordance with the City's ordinances, rules, and regulations. Work by contractors and subcontractors is :subject to the same restrictions, limitations and conditions as if the work were perlbrrned by Franchisee. C. s jptiys, ll .adirt . The headings and titles of the sections and subsections of this Franchise are for rcterence purposes only and do not affect the meaning or interpretation ol`the text herein. D. Costs and /Attorneys' Fees, If any action or suit arises in connection with this Franchise, the substantially prevailing party will be entitled to recover all of its reasonable costs, including attorneys' fees, as well as costs and reasonable attorneys' fees on appeal., ir. addition to such other relief as the court may deem proper. E. No Joint Venture. Nothing herein will be deemed to create a joint venture or principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner that would indicate any such relalionship with the other. F, Mutual Negotiation. This Franchise was mutually negotiated by the Franchisee and the City and has been reviewed by the legal counsel for both parties, Neither party will be deemed to be the drafter of this Franchise. U. '1hird-Part,_ Beneficiaries, 'l'hcre are no third-party beneficiaries to this Franchise. Franchisee is prohibited from subleasing any of its facilities operated by this Frarchise. This shall include a prohibition against any sharing of facilities on a voluntary or compensated basis by Franchisee with third parties. ]l. Actions ol'the City or Franchisee. In performing their respective obligations under this Franchise, the City and Franchisee will act in a reasonable, expeditious, and timely manner. whenever this Franchise sets forth a time for any act to be PocketiNet Franchise Agreement - Page 12 03121/2012 performed by f=ranchisee, such time shall be deemed to be of the essence, and any failure of Franchisee to perform within the allotted time may be considered a material breach of this Franchise, and sufficient grounds for the City to invoke any relevant remedy. 1. Entire Agreemen t, This Franchise represents the entire understanding and agreement between the parties with respect to the subject matter and supersedes all prior oral and written negntiations between the parries. J, Modification. The parties may alter, amend or modify the terms and conditions of this Franchise upon written agreement of both parties to such alteration, amendment or modification. Nothing in this subsection shall impair the City's exercise of authority reserved to it under this Franchise. K. Non-exclusivity. This Franchise does not confer any exclusive right, privilege, or authority to enter, Occupy or use public ways for delivery of telecommunications services or any other purposes. This Franchise is granted upon the express condition that it will not in any mariner prevent the City from granting other or Curther franchises in, on, across, over, along, under or through any public way. I.. Rig,ints Granted. This Franchise does not convey any right, title or interest in public ways, but shall be deemed only as authorization to enter, occupy, or use public ways for the limited purposes and term stated in this Franchise. Further, this Franchise shall not be construed as any warranty of title nor shall it grant any right to enter, occupy or use public property, M. Limi atiot5 on_[d ilit r. Nothing, in this Franchise shall be construed to create, expand, or extend any liability of the City to any third party user of Franchisee's facilities or to otherwise recognize or create third party beneficiaries to this Franchise. N. Sale, Transfer or Assignment Franchisee shall not assign or transfer its rights, benefits, or privileges in and under this Franchise without the prior written consent of the City, which consent shall not be unreasonably withheld or delayed. The City may withhold consent to any transaction if the proposed Franchisee will not possess the requisite financial, technical or legal qualifications to operate and maintain the Iacilities subjcci to this Franchise Agreement. Prior to any assignment ur translcr, the Franchisee must provide the City with thirty (30) days notice and an opportunity to review the transaction, Prior to any transaction occurring, tho proposed Franchisee must address any outstanding obligations of the current lranchise holder, and enter into an agreement specifically incorporating all rights and responsibilities of this Franchise. Franchisee shall not sublease its facilities. PocketiNet Franchise Agreement - Page 13 03/2112012 21. INCORPORATION BY REFERENCE. This Agreement, specifically by this reference, incorporates PMC Title 15. 22. PUBLICATION. The City Clerk is authorized and directed to publish a summary hereof in accordance with Revised Code of Washington §§ 35A.13.200 and 35A.12.160. 23. EFFECTIVE DATE. This agreement shall take effect five (5) days following the passage of an authorizing ordinance and publication of this Franchise, or a summary thereof, occurs in a newspaper of general circulation in the City pursuant to RCW 35A.47.040, or upon execution by all parties hereto, whichever occurs later. DATED this day cif _ , 2012. CITY OF PASCO POCKETINET COMMUNICATIONS, INC. Matt Watkins, Mayor Todd Brandenburg, President Attest: Debra Clark, City Clerk Approved as to Form: Leland B. Kerr, City Attorney W PocketiNet franchise Agreement - Page 14 03/21/2012 STATE OF WASHLNGfON ) Cuunty of Franklin } On this day personally appeared bc.•fore me Matt Watkins, Mayor of the City of Pflsco, to me known to be der individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his irce and voluntary deed for the uses and purposes therein mentioned. SUBSCRH3F.13 and sworn to belbre me this... ... day of ,2012. Notary Public in and for the State of Washington Residing at My Commission lixpircs STA'L`E OF WASHINGTON ) :sS County of On this day personally appeared before me TODD BRANDENBURG, President of PocketiNet, to 111c known to be the individual described in and who exccutcel the within and furcgoing instrument, and acknowledged that he signed the same as his free and voluntary deed for the uses and purposes therein mentioned. SUBSCRIBED and sworn to before this.____day of ,2012. Nuteuy 1'uErlic; in and ibr the State of Washington -- My Commission l:xllires _____ VocketiNet Franchise Agri cme:nt - Pagc 15 03!21!2412 e w Ear wca wt,e prom E.LA a y,s,.0 4 3 p SadArM'sS sdS+PbY � � j Srd1�� Z =v.�►�„p r au Ja Sd DW 11 v _ lical+irs eA � � 1'4� RSn^ .� M►hRQ Kr't�� • dwb � f S ir+`rb Y .4 a° oy � Q w►rµ*' K � a 4 s wrovts rwisl i o C `e o i °' em Faq— Rdynks�A° pNr.AaM `: i � +�r ON— Y F N - lPi1 M"+k = i C1p12Ge�pkY�pAdatlAl2c*»�e.tr+rme!1�se 1, '. � n yMgt PeSOo ape YH.�stt•-a AGENDA REPORT FOR: City Council N March 28, 2012 r TO: Gary Crutchtl�'.n,'cono" ic' Manager Regular Mtg.: 412/12 Rick White, t ` Community & Development Director'i FROM: Jeffrey B. Adams SUBJECT: REZONE:0I eE; Rezone fmtn RT f&e 4gu1W Transition) to R-3 1-M_editrrn-I]ousi#v Residential) (MF#Z 2012-002). I. REFERENCE(S): 1. Vicinity Map 2. Proposed Ordinance 3. Planning Commission Report 4. Planning Commission Minutes: Dated 2116112&3/13/12 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 412: MOTION: I move to adopt Ordinance No. , an Ordinance rezoning the property located at the 5900 Block of Road 90 from RT to R-3 with a Concomitant Agreement as recommended by the Planning Commission, and further, to authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORV AND FACTS BRIEF: A. On February 16, 2012 the Planning Commission conducted a public hearing which was continued to March 15, 2012, to determine whether or not to recommend a Rezone with a Concomitant Agreement from RT (Residential Transition) to R-3 (Medium-Density Residential)for the property located at the 5900 Block of Road 90. B. Following the conduct of a public hearing, the Planning Commission reasoned it would be appropriate to recommend a change in 7,oning for the property in quertion with a Concomitant Agreement. C. The recommended Concomitant Agreement includes conditions limiting the density to 30 units, restricting side yard setbacks to a minimum of 15 feet, prohibiting special permits for increases in building heights, and limiting building heights to 30 feet. D. No written appeal of the Planning Commission's recommendation has been received. S(b) Item- Rezone RT to R-3 V'C'*n'ty Appii-cant" Dave Richards Map ---File Z 2012-002 e t men c� s•� r w1m �� le JPL R 1 Vill � � �-- ►, NO a ' 4 ir ILI VIA .10 Awl, 4 t �'� I �_ it t � •� '�1 �' :�� is t ,,�;• : *""rv� _- .. - ., - '.:` - } -•fir .-? .• _ WHEN RECORDED,PLEASE RETURN TO: City of Pasco Attn: City Planner 525 N. Third Avenue Pasco, WA 99301 ORDINANCE No. AN ORDINANCE OF THE CITY OF PASCO,WASHINGTON, AMENDING THE ZONING CLASSIFICATION OF PROPERTY LOCATED A'r THE 5900 BLOCK OF ROAD 90 FROM RT(RESIDENTIAL TRANSITION)TO R-3 (MEDIUM-DENSITY RESIDENTIAL] WITH A CONCOMITANTAGREEMENT. WHEREAS,a complete and adequate petition for chrangc of zoning classification has been received and an open record hearing having been conducted by the Pasco Planning Commission upon such petition;and. WHEREAS, that the efI'ec:t of the requested change in zoning classification shall not be materially detrimental to the immediate vicinity;and, WHEREAS,based upon substantial evidence and demonstration of the Petitioner, that:(A)the requested change for the zoning classification is consistent with the adopted Comprehensive Plan; (B) the requested change in zoning classification is consistent with or promotes the goals and objectives of the Comprehensive Plan serving the general public interest in the community; and (C)there has been a change in the neighborhood or community needs or circumstances warranting the requested change of the zoning classification; NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map, accompanying and being pant of said Ordinance shall be and hereby is changed from RT (Residential Transition) to R-3 (Medium-Density Residential) for the real property as shown in the Exhibit"I''attached hereto and described as follows: Lot 5,Cole's Estates Section 2. That the change of a zoning classification as provided in Section I is contingent and conditioned upon execution of and compliance with a Concomitant Agreement entered into between the Petitioner and the CIty which will attach to and run with the real property described in Section 1 above. Said Concomitant Agreement is attached to this Ordinance as Exhibit No."2". Section 3. This ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. Passed by the City Council of the City of Pasco this 2"d day of April, 2012. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark,City Clerk Leland B. Kerr,City Attorney Item: Rezone RT to R-3 Vicinity Applicant: Dave Richards Map File f Z 2012-002 PK Pq Pq wqPq= . I - �■ �N' ! ! i,J 0 01'it . :1� ■ CTS ,.;,5. ' •I ■� - I ! u - - t � �� 001 per . !. t ■ MOP _ *spoil sib - ► MA'' .y..m.. - sae r,.•- z "Exhibit # 2" CONCOMITANT ZONING AGREEMENT WHEREAS, the City of Pasco, Washington, a nun-charter code city, Linder the laws of the State of Washington (Chapter 35A.63 R.C.W. and Article 11, Section i 1 of the Washington State Constitution) has authority to enact laws and enter into agreements to promote the health, safety and welfare of its citizens,and thereby control the use and development of property within its jurisdiction; and WHEREAS, the Owner(s) of certain property have applied for a rezone of such property described below within the City's jurisdiction; and WHEREAS, the City pursuant to R.CX 43.12(c), the State l nviroruncntal Policy Act, should mitigate any adverse impacts which might result because of the proposed rezone; and WHEREAS, the City of Pasco and the Owner(s) are both interested in compliance with the Pasco Municipal Code provisions relating to the use and development of property situated in the City of Pasco, described as follows; LOT 5, COIFS ESTATES (Parcel# 115391014) WHEREAS, the Owner(s) have indicated willingness to cooperate with the City of Pasco, its Planning Commission and Planning Department to insure compliance with the Pasco Zoning Code, and all other local, state and federal laws relating to the use and development of the above described property; and WHEREAS, the City,in addition to civil and criminal sanctions available by law, desires to enforce the rights and interests of the public by this concomitant agreement, NOW, THEREFORE, In the event the above-described property is rezoned by the City of Pasco to R-3 (Medium Density Residential) and in consideration of that event should it occur, and subject to the terms and conditions hereinafter stated, the applicant does hereby cavenant. and agree as follows, 1. The Owner(s) promise to comply with all of the terms of the agreement in the event the City, as full consideration herein grants a rezone on the above-described property. 2. The Owner(s) agrees to perform the terms set forth in Section 4 of this agreement. 3. This agreement shall be binding on their heirs, assigns, grantees or successors in interest of the Owner(s) of the property herein described. Page l of 2 "Exhibit # 2" 4. Conditions: A. No more than 30 residential units lots shall be permitted on the property; B. Maximum building heights shall be limited to 30 feet; C. No Special Permits shall be authorized for increases in building height over the allowable 30 feet; D. Where side yard areas abut the northern and eastern lines of said Lot 5 the setback shall be at least 15 feet; The person(s) whose names are subscribed herein do hereby certify that they are the sole holders of fee simple interest in the above-described property: t Owner: STATE OF WASHINGTON) ss. County of Franklin ) On this 2$ day of M o.arc. , 2012, before me, the undersigned, duly commissioned and sworn, personally appeared ; ,,,, to me known to be the individual(s) described above and who executed the within and foregoing instrument as an agent of the owner(s) of record, and acknowledged to me that he/she/they signed the same as his/her/their free and voluntary act.and deed, for the uses and purposes therein mentioned, and on oath stated that he/she/they is/are authorized to execute the said instrument. GIVEN under by hand and official seal this 2$ day of ,ter_ 2012. State of Washiagtoa O( KRYSTEEL.SHANKS NOta7 Public in and for the State MY COMMISSION EXPIRES y Jan I.S.2016 of Washington, residing at Page 2 of 2 REPORT TO THE PLANNING COMMISSION MASTER FILE NO. Z 2012-002 APPLICANT: David Richards HEARING DATE: 2/16/2012 1415 6th Street ACTION DATE: 3/15/2012 Clarkston WA 99403 BACKGROUND REQUEST: REZONE Rezone from PT f esid ntial T� gs'tionl to R-3 t - esi endal . 1. PROPERTY DESCRIPTION: Legal: Cole's Estates Lot 5. Location: The 5900 Block of Road 90 Property Size: Approximately 4.8 acres 2. ACCESS: The property has access from Road 90 along the west property line. 3. UTILITIES: All utilities are available to the site. 4. LAND USE AND ZONING: The site is currently zoned RT (Residential Transition). The site is vacant. Surrounding properties are zoned and developed as follows: North R-1 (Low Density Residential) - SFDUs South C-1 (Commercial) —Vacant East R-1 (Low Density Residential) - SFDUs West RT (Residential Transition) -Vacant 5. COMPRERENSIVE PLAN: The Comprehensive Plan Land Use Map designates this area for mixed residential uses. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, city development regulations, and other information, a threshold determination resulting in a Determination of Non-significance (DNS) has been issued for this project under WAC 197- 11-158. ANALYSIS The property is approximately 4.8 acres fronting on Road 90 along the west property line. The lot was platted under Franklin County zoning as part of a large-lot rural subdivision in 1467, before the City annexed the area in 1982. The residential subdivisions to the north and east were subsequently rezoned I to R-1 and have largely been built out with single-family residences. Properties to the xvest were rezoned with higher density R-3 zoning and developed with the Mediterranean Villas condominiums. Adjacent properties to the south were rezoned to C-1 and are vacant. Properties further to the south have been developed with a mini-storage and a few professional office buildings. The C-1 District permits the development retail, office and commercial services such as retail stores, automotive repair shops, tire stores, restaurants and taverns. Applicant wishes to rezone the subject property to allow for residential development consistent with the general vicinity. The City of Pasco Comprehensive Plan shows the property to be within a mixed-density residential designation. The developer is seeking a zone change from RT (Residential Transition) to R-3 (Medium-Density Residential) to match that of the Mediterranean Villas properties to the west. The R-3 Zone allows for up to one dwelling per 3,000 square feet for multiple family dwellings, with up to 60%lot coverage and building heights yap to 35 feet without a special permit. One concern that may arise from surrounding residential owners is the possibility of a tali apartment located close to their single-family residence blocking light and views, and encroaching on their privacy. Another major concern property owners often have about the location of higher density residential zoning adjacent to low density zoning is the possible impacts the high density zoning may have on the values of properties in adjacent lower density zoning district. A search of the Franklin County Assessor Records in February of 2012 indicates that in many cases this may be more of a perception than a fact. For example the single-family homes that share a common lot line with the Stonegate Apartments have generally increased in value in the last four years. All of the homes in question were constructed two years after the construction of the Stonegate Apartments. Similarly the single-family homes in the Loviisa Farms subdivision constructed directly across Chapel Hill Boulevard from the Sandy Heights RV Park and the Silver Creek Apartments have appreciated in value. Some studies (See Exhibit #1, Higher-Density Development Myth and Fact, 2005, Urban Land Institute) have shown that higher density development has no negative impact on values of surrounding single-family detached homes. A neighborhood example of this fact can be found in Mediterranean Villas. McdJtCTTWWan Villas has not caused a reduntion the value of homes in the Broadmuor Estates subdivision. The City's Comprehensive Plan Land Use Map indicates the property in question should be utilized for mixed residential uses. Land Use Policy LU-3-B encourages "infill and density including planned unit developments to protect open space and critical areas, and provide recreational areas and amenities in support of more intensive, walkable neighborhoods_" Land Use Policy LU-3-E calls for designating 'areas for higher-density residential development where utilities and transportation facilities enable efficient use of capital resources." Housing, Policy: 11-1-B encourages "the location of tnedium and high density housing in locations that will avoid the need for access through lower density 2 residential neighborhoods." Housing Policy H-1_D directs the City to "avoid large concentrations of high-density housing." Housing Policy H-2-A calls for the City to "Allow for a full range of residential environments including single family homes, townhouses, condominiums, apartments, and manufactured housing." Housing Policy H-4-13 requires the City to "Maintain development regulations and standards that control the scale and density of accessory buildings and homes to maintain compatibility with other residential uses." The initial hearing on this matter was continued until the March 15, 20112 to allom, Staff time to meet with the applicant to discuss the intent of the rezone and what type of development options the applicant was planning to pursue. In those discussions staff learned the applicant was primarily interested in senior or retirement housing and was planning on keeping the density at 30 units. That density represents about one unit per 7,000 square feet of gross land area. The first phase of Mediterranean Villas has a density equal to one unit per 5,253 square feet of gross lot area. If the property was rezoned as requested the applicant or future purchasers emild build nut the property with one unit per 3,000 squarc feet for a.total of 68 units. A concomitant agreement would be necessary to bind the applicant and or future developers to the desired density of 30 units. The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria are listed below as follows: I. The changed conditions in the vicinity which warrant other or additional zoning: Adjacent residential development and growth within the City make the zone change appropriuie, timely, and consistent with the City s C omprehensbir Plan. Properties to the north and east have been rezoned to R-1 and developed with Single-Family residences. The property to the south has been rezoned C-1 in anticipation of future commercial development. Properties to the west have hewn rezoned R-3:coning and developed with condominiums. 2. Facts to justify the change on the basis of advancing the public health, safety and general welfare: The. rezone will create a medium density transition or buffer between residential areas to the cast and north and commercial zones to the south. A rezone f rvm RT to R 3 would encourage "inf"tll and density including planned tent developments to protect open space and critical areas," as per Land Use Policy LU-3-$, and allow for "higher-density residential development where utilities and transportation facilities enable efficient use of capital resources," in keeping with Land Ilse, Policy LU=-3-E. ?'his rezone would also 'Allow for a full range of residential environments including single family homes, townhouses, condominiums, apartments, and manufactured housing," consistent with Flousing Policy X-2-A. 3. The effect it will have on the nature and value of adjoining property and the Comprehensive Plan: 3 A search of the Franklin County Auditor's records (February 2012) in that in areas of the community where multi family development is located adjacent to lower density development there is no diminution in the value of the surrounding single-family homes. Studies by the Urban Land Institute (See Exhibit #1, Higher-Density; Development Myth and Fact, 2005, Urban Land Institute) confirm this fact. Even so neighbors are often concerned about the impact of hkgher density development upon the character of the surrounding neighborhood. To address those concerns it would be appropriate to include a concomitant agreement urith the proposed rezone. Rezoning the property with a concomitant agreement limiting the density, building heights and setbacks and limiting the ability for increased building heights will address neighborhood concerns while allowing implementation of the Comprehensive PIatt. 4. The effect on the property owners if the request is not granted: If the request is not granted it is probable the property will continue to remain vacant, and/or the oumer may submit a rezone for a different residential designation. 5. The Comprehensive Plan land use designation for the property; The Comprehensive Plan Land Use Map designates the site for medium-density residential uses. The proposed rezone will bring the zoning into cQnfnnnanc a with. the Plan.. STAFF FINDINGS OF FACT Findings of Fact roust be entered from the record. The following are initial Findings drawn from the background and analysis section of the Staff report. The Planning Commission may add Findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The site is currently zoned RT (Residential Transition) and has been zoned RT for approximately 30 years. 2. The site borders R--1 Zones to the north and east, which are developed with single-family homes. 3. The Comprehensive Flan designates the site for medium-density residential uses. 4. The property was platted in 1967 as part of a rural, large-lot subdivision. 5. The site is vacant. 6. The site was annexed b_y the City of Pasco in 1982 (ORD #2388). 7. The purpose of the Mixed Residential area is to serve as a buffer or transition between low-density residential and commercial districts. 8. Applicant is requesting a change of zoning from RT to R-3. 9. Properties to the west are zoned R-3 and have been developed with condominiums. 10. The R-3 Zone allows for one dwelling per 3,000 square feet for multiple family dwellings, or up to 68 units. 4 11. The R-3 Zone allows for building heights up to 35 feet without a special permit. With approval of a special permit the height can be increased. 12. The current RT zoning permits building heights up 35 feet. 13. Single-family residential homes developed in the Loviisa Farms subdivision across Chapel Hill Boulevard from the 200 unit Silver Creek Apartment complex and the Sandy Heights RV park have increased in value (per Franklin County records 2012) in recent years. 14. The single-family homes on Klickitat Lane sharing a common property line with the 200 unit Stonegate apartment complex were constructed after the Stonegate Apartments were constructed. The homes on Klickitat lane have increased in value (per Franklin County records 2012) in recent years. 15. A Urban Land Institute Study conducted in 2005 (Higher-Density Development Myth and Fact) indicates there is no impact on the value of homes located near higher density development compared with homes that are not near higher density development. 16. The location of the Mediterranean Villas adjacent to the Broadmoor Estates subdivision has not limited development within Broadrnoor Estates or decreased the value of homes in that subdivision. CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of a Rezone, the Planning Commission must develop its conclusions from the Findings of Fact based upon the criteria listed in P.M.C. 25.88.060 and determine whether or not: 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. The proposal is consistent with many of the goals and policies of the Comprehensive Flan. The Comprehensive Plan also encourages the development of a variety of residential environments (Goat H2) and the Plan and supports efforts to provide affordable housing to meet the needs of low and moderate income households (Goal H-5). However, conformance with H-4-B cannot be determined due to lack of a concept or develop merit plan. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. Through past experience in the community and conformation from studies it is believed the rezone will not have any adverse effect on adjacent property values. However, the general character of the surrounding neighborhood may be impacted if the property in question develops to the maximum density permitted under the proposed zoning. Likewise the location of higher density buildings within 5 feet of side property lines may also have a detrimental impact on the character of the neighborhood. To address these issues it may be appropriate to include a concomitant agreement with the proposed rezone. 5 3. There is merit and value in the proposal for the community as a whole. Adjacent residential development and ,growth within the City make. the zone change appropriate, timely, and consistent with the City's Comprehensive Plan. The rezone will create a medium density transition between residential areas to the east and north and commercial zones to the south and west. 4. Conditions should he imposed in order to mitigate any significant adverse impacts from thc; proposed. Conditions should be imposed to address concerns over possible impacts to the character of the surrounding neighborhood due to building density, setback concerns and the opportunity for special ,permit approval to exceed established building heights. S. A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A Concomitant Agreement is warranted for the purpose of adjusting building setbacks and limiting the density to densities similar to those permitted in the Mediterranean Villas development to the west. This would reduce the overall density from 68 units to 30 units. Increasing setbacks for side yards from 5 feet to 15 feet, limiting building height to 30 feet and prohibiting the opportunity for special permit approval on height increases will help ameliorate concerns about impacts to the character of the neighborhood. RECOMMENDATION MOTION: 1 move to adopt Findings of Fact and Conclusions therefrom as contained in the Mw-ch 15, 2012 staff report. MOTION; 1 move, based on the Findings of Fact and Conclusions therefrom, the Planning Commission recommend the City Council approve the Rezone from RT (Residential Transition) to R-3 (Medium Density Residential), with a concomitant agreement limiting the density to 30 units, restricting side yard setbacks to a minimum of 15 feet and prohibiting special permits for increases in building heights and limiting building heights to 30 feet. 6 Item: Rezone RT to R-3 Vicinity ...A licant: Dave Map File 2012-002 Egg oats , law W. 1 . Nil '"ic a_ ia1 a� M 4)a' • - M1 �, ' wr Item: Rezone RT to R-3 Land Ilse " Applicant: Dave Richards N Mai File ##: z 2012-002 WELLINGTON DR ZEPHER CT TUCKER CT TJCKER DR 0 Z p Z SF s w Y CHESHIRE CT STUTZ DR �A 0 1 oc rn � -- "k i r o II - - OVERLAND CT HUDSON CT u Iti ILSHIRE DR�--j Fare. STUDEBAKER DR -- ZA03" ITE FD Zd S - -IUS L I I I t PACKARD DR Vacant X Z w NASH DR DESOTO DR Item; Rezone RT to R-3 Zoning • MapApplicant: Dave Richards � N File ##. Z 2012-002 WELLINGTON DR ZEPHER CT TU KER CT T-'JCKER DR 0 w Y CHESHIRE CT Rwi STUTZ DR U O 0 z z r OVERLAND CT HUDSON CT WILSHIRE DR =, - -STUDEBAKER DR RT Z _ J PACKARD DR w M cmi ui HASH DR Ll I I L__ T - a �I d DESOTO DR Looking d i 9 e. ` d � • Look'lng le.` Looking f, ' I J 4L Af u r Looking East WNW- South Looking Y_ r V a • r v f* Looking I � •` f r. a t / ���}..N ms's �' r •. r <` � ♦ _' � _ _ ing Wes #• J�� f. ��- r ``fir+' - __ _ I_ - + y = � t � - _ w v Y -e VIA fk- 41 06. Ilk ' � � - � r > � a- �' . fit_:•.r..=. 7 - +� r t•'Y- '•Y LOokingNorthwest Aff alefi , - , ' . - � ter,`►• Y 'J' , ' . ' • - may.* _ r r REGULAR MEETING February 16, 2012 PLANNING COMMISSION MEETING C. Zoning Rezone front R-T (Jgesidential TranaWon) to F#-3 flfdl+adfitra Resider►tliall_. _ (David Richardsl Chairman Cruz react the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the proposed rezone from RT (Residential Transition) to R-3 (Medium Density Residential). The parcel was platted in the mid-1960's and annexed into the City in 1982. Located on the east side of Road 90, south of Wilshire Drive, the area is developed to the north and east with single family horses and zoning. To the south and to the west are vacant properties. The RT zone is essentially "holding" zone until utilities and road infrastrucrare is provided and a decision is rendered on the best zoning for the area. The applicant is requesting a zone change to R-3 which allows for up to one dwelling per 3,000 square feet for multiple family dwellings and single family housing for a minimum lot size of 5,000 square feet. Staff has provided an initial review for criteria for considering a rezone application which are explained in PMC 25.88.030. The request meets many of the parameters for a recommendation for approval but without an indication of a development plan or a concept plan, it's currently difficult to gage the impact on adjacent properties. Dave Larson, 1721 West 39th Avenue, Kennewick, WA discussed the proposed plan or, behalf of David Richards, the applicant. He explained that the intent of the project is to get the property rezoned so that there would be flexibility in their plans. Mediterranean Villas, a property to the west, is the general idea for this project. There has been discussion with their investors to make the properties for people age 55 and older and a gated community. The intent is not to build an apartment complex. The maximum height would not exceed 35 feet and would not be anything over what the ex;sting surroundings have. Tom Russell, 8814 Wilshire Drive, had two concerns. The first was the impact on the schools in the area. The second was the lack of parks in the area since the only park that is close is at the schoo;. Chairman Cruz asked staff if the development was set as a 55 and older housing community if they wou.d still have to pay the school impact fees. Mr. White answered that many impact fee ordinances exclude senior housing from payment of impact fees however the impact fee ordinance is not yet in place so the answer is unclear at the present time. Duncan Nisbett, 9013 Cheshire Court, was concerned about the impact on the schools as well as traffic. The intersection on Sandifur and Road 90 is becoming dangerous. If the proposed rezone occurs and developers move forward, Mr. Nisbett feels something needs to be imposed to make the intersection safe, such as a concrete divider or a stoplight. Mike Maier, 6105 Dorchester Court, posed a question to staff if there would be anything prohibiting the applicant from getting a rezone to R-3 and then selling the property to someone else and that new developer building 35 foot tall buildings that would back the fence to the people who live on Wilshire. -1- Mr. White answered that through the public hearing process, if continued to the next meeting, would allow time for staff to add conditions, because as it stands, there is nothing to prevent that situation from happening. Mr. Maier said that his property backs up to Mediterranean Villas and he feels that they are nice kept up properties and if he knew for sure that something like Mediterranean Villas would be placed on the proposed property, he would not take issue with the rezone. Mr. Maier then asked staff about setbacks on the side which is 5 feet, could they build a 35 foot building 5 feet off of the road. Mr. White answered that ar this point it is unknown but will be looked at if the hearing is continued, Tim Armstrong, 6007 Road 90, wanted to reiterate that the owners of the single-family dwelling units adjacent to the proposed property are concerned with potential crime, traffic and home values. Without a definite proposal with clear plans it is hard to decide if it would be a good idea to rezone. Dina Sullivan, 6211 Westmorland, was concerned about traffic. Currently the neighborhood, is already dangerous for walking because of the lack of sidewalks. Ms. Sullivan asked if the developer would only be requircd to put in sidewalks to the end of their development. Chairman Cruz Answered that typically the developer only has to put in sidewalk to the end of their property. Richard Leigh, 9007 Wellington Drive, wanted to address issues brought up by staff ir. regards to multi-family dwellings and single family home property values. The examples that staff listed in regards to multi-family dwellings next to single family dwellings were all existing multi-family dwellings and single-family homes were later built. With the proposed rezone and project, it is single-family dwellings that exist with the multi-family dwellings proposed to be built. In this case, Mr. l Agh feel, that it would negatively affect the property values of the single-family dwellings. Victor Owens, 8910 Wilshire, asked if changing to the zoning to R-2 instead of R-3 and if that would allow the developer to still have multi-family dwellings and allow them to do what they have planned. Mr. White answered that changing to zoning to R-2 would still allow for multi-family dwellings but the density would not be as great and the maximum height for a building would be 25 feet instead 35 feet. Without more detailed plans from the developer at this time it is hard to tell if R- 2 zoning would still allow the developer to do what they have planned. Commissioner Greenaway moved, seconded by Commissioner Flay to continue the open record hearing to the March 15, 2012 Planning Commission meeting. The motion passed unanimously. -2- Planning Commission Minutes 3/15/12 B. Zoning. Rezone from R-1 (Low Density Residential) to R-3 (Medium Density Residential) (David Richards) (MF# Z 2012-0021 Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the proposed rezone involving; change from the current. RT (Residential Transition) to R-3 (Medium Density Residential) for the rive acres site in question. The public hearing was continued from the February 16, 2012 meeting due to the lack of details related to the proposed development. In the meantime, staff met with the applicant to find out more about development plans for the property and as a result have prcpared recommendations and conditions for the conc•omitaxit agreement that reflected the discussion of the meeting. Mr. White reviewed the recommended conditions for the benefit of the Planning Commission. The recommended conditions limit the number of units to 30 for the five acres, which is roughly 7,000 square feet per unit. Side yard setbacks adjacent to the R- I (Low Density Residential) zones would be a minimum of 15 feet, no matter how the site was arranged. The conditions would also limit building heights to 30 feet and prohibit special permits for increasing the height beyond 30 feet. Commissioner Kempf asked about the ininimiim lot size of the R-1 zone north of the proposed site. Mr. White answered that 7,200 square feet is the minimum lot size for R-1 ;toning, meaning the lot sizes for the proposed rezone would only be 200 *luare feet smaller than in the R-1 zones. David Richards, 1415 6th Street. Clarkston, WA, the applicant, explained he desired to develop the land in a way that was consistent with the City's Comprehensive Plan. The finalized site plan has not been completed because he was waiting for the status of school impact fees. The Mr. Richards did not want to "luck in' his devel opmen t options because the impact fee would affect the cost W build and develop the site. The hope is to build senior style housing; however he would like some morn to change plans if needed. Chairmani Cruz asked the applicant if he was in agreement with the conditions as outlined by City staff. Mr. Richards stated that he was in agreement. ,I - Torn Russell, 8814 Wilshire Drive, wanted to clarify that the neighbors were all under the impression that the land was all zoned at R-1. As far as the 15 foot setback he warted clarification as to what that means. Chairman Cruz answered that it meant that the buildings can be built 15 feet back from the property line. Mr. Russell felt 15 feet was too close to the property. The homeowner's did not imagine, having tall buildings that close to their fence when they purchased their homes. Ile also; wanted to know why the applicant did not have a definitive plan. Chairman Cruz clarified that no matter what the applicant chosen as the intent for his development, whether for retirement housing or anything else, it does not change the structure or conditions that staff has recommended. Victor Owens, 8910 Wilshire Drive:, wanted to ask why rezone the property to R- 3 when perhaps R-2 zoning would be better. With his intentions not set in stone what is to say he doesn't build a 30 foot apartment complex that is packed. k4r. White: answered that the reason for not rezoning to R-2 is because staff has not received an application for R 2. The applicant has applied for a rezone to R- 3. The City has advertised for a rezone to R-3 and without and consent of the developer or additional staff report and findings, the Commission should not be considering an R-2 when the request is for R-3. Mr. Owens stated that rezoning to an R-2 would eliminate the fear that neighbors have. Deanna Dryer, 9114 Durham Court, asked if the applicant chose not to put in a senior living complex, would the item have to come back for zoning again or is it still R-3. Chairman Cruz answered that the rezone plus the conditions would make the property R-3 °egardles-a of what is developed at the site. Ms. Dryer also commented on the cruwded conditions the Maya Angelou Elementary School, and the lack of parks within walking distance. She would also like to see R-2 zoning instead of R-3. Pablo Perez, 8906 Wilshire Drive, has a problem with R-3 zoning and would prefer to gee R-2 inning. The notion that it is a "Residential Transition" justifies the need to go .o an R-2 and not, R-3. Ile also had questions about rear yards setbacks. Mr. White stated the configuration of the plat will determine the location of rear or side vards. Mr. Perez stated that before he purchased his house he asked the developer what the zoning would be on the property behind his home. The developer was unable to answer the question so now R-3 zoning is an issue for him. -2- Chairman Cruz mentioned that developers or builders can sometimes have other reasons for not disclosing the zoning information. He also pointed out the concomitant agreement states that only 30 units on 4.7 acres would be allowed and is binding whether the property changes hands or when the plat comes forward, it will still only allow for 30 units. The concern about 3,000 feet per dwelling doesn't exist with the concomitant agreement. There will only be 1 unit per 7,000 square feet with the agreement. The focus should not be on the fact that the applicant is requesting an R-3 zone because with the concoinitAnt agrectnent, the site would have conditions similar or close to an R-1 zone. It would be a very restricted R-3 zone. Mr. White stated that the minimum lot size in an R-1 zone is 7,200 square feet and the proposed rezone, with the concomitant agreement, the minimum lot size would be 7,000 square feet. Mr. Perez asked if in an R-I zoning senior living could be constructed. Mr. White answered that senior living could be constructed anywhere. The plat cart be arranged and limited to seniors regardless of the residential zoning. ,John Sawyer, 4103 Segovia Drive, was concern with impacts on schools and whether a traffic impact study has been done. Mr. White answered no traffic impact study was done for the rezone. However the City has done an overall traf is study for most of West Pasco and it is updated every four to five years. Mr. White also mentioned a school impact fee ordinance is now in place in order to help the schools and traffic impact fees are also in place. C'.hair.man Cruz stated that the traffic plan is available for the public if that is a concern. Duncan Nisbett, 9013 Cheshire Court, was concerned about traffic generated by the proposal and the continued development by New Tradition Homes. Tien Fisher, 9113 Durham Court, asked what the zoning was for the site just south of the proposed property. Mr. White answered the site was zoned C-1 (Retail Business). Mr. Fisher questioned about the proximity of living next to commercial zones. Chairman Cruz explained commercial development can be next to residential, which is why higher density residential is typically located closer to commercial so that there is a gradual change from commercial to low density residential. Ramona Castro, 5120 Robert Wayne Drive, was concerned about traffic and the amount of children already living in the neighborhood without parks. Chris helms, 15908 NE 10,2nd Street, Vancouver, WA stated people arc uwicomfortable with the uncertainty. He believes without more information it is -3- hard to make a good decision. if the proposal is done properly it could be great for the area but it could be detrimental to the area. Chairman Crux pointed out the rezone doesn't get into the plans or details of the site. The rezone is all the public; hearing is for at the moment. Later, if the rezone passes, the applicant will have to submit a preliminary plat with details of the project. Mr. White commented on what is known for the rezone. Street access will come from Road 90. Assuming the rezone is approved, there will be a limit of 30 units. There will be a height limit of 30 feet and a prohibition of applying for a special permit to make buildings any taller. Setbacks adjacent to the R-1 properties to the north and east will be 15 feet rather than the minimum of 5 feet. Chris Slotemaker, 9007 W'.'Ishire Court, stated she believes that what the applicant has came up with is reasonable but was concerned would make it easier to change other areas to R-3. The neighborhood has shown up to protect their property. She felt that 30 feet was still too high. She wants the Planning Commission to turn down the rezone and have someone come back with a different idea. Chairman Cruz asked staff what happens to all of the other RT (Residential Transition) zones. Mr. White replied that it is likely a similar situation will occur. Richard Leigh, 9007 Wellington Drive, stated that he and his neighbors have a great neighborhood, which is why they all showed up. Tom Russell, 8814 Wilshire Drive. questioned the difference between the back of his house and the back of the proposed property. He thinks it would be odd to have a side yard lined up with his back yard. Mr. White answered that due to the possible development the project to the south could have side yards abutting his lot. That is why a condition has been developed that if there are side yards along the neighboring lots the setback would at least be a minimum of 15 feet rather than 5 feet. It is more likely that backyards will be adjacent the surrounding properties assuming the road comes in from Road 90. Dc:auua Dryer, 9114 Durham Court, explained there has already been so much growth and with the only close park being at Maya Angelou, it is not We to walk to this park since there are no good roadways or paths. Traffic around the school is terrible because people fecal they have to drive their child to school because it is not safe for them to walk and they don't live within a busing radius. She also feels another major road should be developed to alleviate some of the traffic issues. David Richards, 1415 6th Street, Clarkston, WA, stated he believed :hat a well- constructed Subdivision will provide a better long term neighborhood. The -4- reason the full site plan has not been developed yet is due to the costs. Without knowing if the rezone would pass or the impending school impact fees, he did not want to put a lot of money into a plan that might not be able to happen. Mr. Richards said he was not opposed to a park If the residents were serious and interested in paying for the property he would meet with them to work out a solution. They would have to come up with the money if they want the park and not expect someone else to buy them a park. He stated his rezone was in accordance with the City's Comprehensive PIan. Commissioner Levin asked the applicant if he would consider rezoning the site as R-2 instead of R-3. Mr. Richards answered that with the conditions in the concomitant agreement they R-3 zone change is reasonable. He has no intent to crowd buildings along the R-1 zones. They would like the option to build two- story units, Commissioner Levin stated that he feels a neighborhood meeting with the residents would be a good idea. Commissioner Greenaway asked if the 30 units were single-family units or multi-family units. Mr. Richards answered that there would either be duplexes, triplexes or townhomes. Pablo Perez, 8906 Wilshire Drive, said that he world like to see some of the things Mr. Richards has developed in the past. He was also concerned about the park fees he paid and there is no park in the neighborhood. (Maya Angelou Park is his neighborhood park) He also asked if that the 30 unit complex would allow for a large centralized community center or rhahhouse. Mr. White answered that the restriction is on the number of living units, so yes, there could be an activity center. The money that was paid for parks when the homes were developed goes into the applicable district and is spent within the district. There is nowhere near enough money that comes in from the payment to cover the full cost of a City park. Ongoing maintenance of a parks is another cost. This is why there aren't parks adjacent to every single development in every subdivision because the community can't afford it. This is a reason for partnering with the School District in pairing playgrounds next to schools and parks. Jiro O'Conner, 3922 South Olsen Place, Kennewick, WA stated he was selling the property, He said at one time there was talk of making the south side of the property commercial. He would like to see more commercial zoning to '.wring more businesses into the area and it wouldn't bring more children into the schools. Following three calls for additional testimony the Chairman closed the public hearing. .5- Commissioner Greenaway felt the rezone should be postponed one more month for the builder to meet with the neighbors. Chairman Cruz Mated said a decision should be made since the discussion between the citizens and the builder would be best done during the platting stage, not the rezone stage, Commissioner Kempf stated the applicant already said that if the R-3 zoning is rejected he will not Lorne back with an R-2 thus losing the concomitant agreement. The next developer may not be as willing to work with the City and the 15 feet setback is gone, which is why this item should not be continued or thrown our. Commissioner Levin asked if the rezone is approved to R-3 will the conditions be Get in stone. Chairman Cruz answered that because of the agreement, if this rezone is approved the setbacks, height of the buildings and density will be set in stone. Mr. McDonald clarified that once approved, the concomitant agreement it would be recorded in the Franklin County Courthouse and become a covenant and restriction running with the land, so regardless of who ends up developing the land, they will have to meet the conditions. Commissioner Kempf moved, seconded by Commissioner Hay, to adopt the Findings of Fact and Conclusions therefrom as contained in the March 15, 2012 staff report. The motion passed unanimously. Commissioner Kempf moved, seconded by Commissioner Hay, based on the Findings of Fact and Conclusions therefrom, the Planning Commission recommend the City Council approve the Rezone from RT (Residential Transition) to R-3 (Medium Density Residential), with a concomitant agreement limiting the density to 30 units, restricting side yard setbacks to a minimum of 15 feet and prohibiting special permits for increases in building heights and limiting building heights to 30 feet. The motion passed unanimously. Staff explained the appeal process -6- AGENDA REPORT r FOR: City Council March 27,2012 TO: Gary Crutcl o�;,1, Manager Regular Mtg: 412/12 Rick white,%��, Community&E is Development Director FROM: Angie Pitman, Block Grant Administrator SUBJECT: QJI liPMEQorttmn61; tausit � fib Cvelpntn i:�i [ip .tCH tStt-� Sittd.Cir x1111 +, tJ 1. REFERENCES: 1. Resolution Awarding 2011 CHDO Set-aside Funds 2. Tri-Cities HOME Consortium CHDO (Owner,Developer,or Sponsor) Contract Agreement ll. ACTION REQUF5TED OF COUNCR,/STAFF RECOMMENDATIONS: 4/2112: MOTION: 1 move to approve Resolution No. , awarding the 2011 140ME CHDO Set-aside Grant totaling$90,294 to Benton Franklin Community Action Committee. Ill. FISCAL IMPACT $90,294 in Federal HOME CHDO funds IV. HISTORY AND FACTS BRIEF: A. Pasco, along with Richland and Kennewick, formed a consortium that allows each City to be eligible for federal HOME funds. Under the HOME program, 15% of funds are earmarked for federally designated Community Housing Development Organizations (CHDO). The three cities rotate the responsibility for distributing these funds. Pasco is responsible for distributing the 2011 HOME CHDO funds totaling$90,294 this year. B. The City received applications from Tri-County Habitat for Humanity and Benton Franklin Community Action Committee (CAC), both eligible CHDO organizations, for use of the 2011 CHOO funds. V. DISCUSSION: A, Tri-County Habitat for Htuttanity proposes to purchase land in Pasco and build two Habitat for Humanity homes, The land has not yet been secured. The priority population to be served is families between 30%-60% of the area median income range as defined by HUD. Habitat for Humanity developed 7 single familz residences with 2008 CHDO funds. They have completed 75 homes in the Tri-Cities with the 75' home completed this past February. Habitat for Humanity is proposing to use all of the 2011 CHDO fords for purchasing land, closing costs, permitting, materials and delivery costs associated with the two homes. B. CAC proposes to purchase and renovate a small apartment building that would provide affordable housing for families who come from homelessness and are currently case managed and supported by CAC's Washington Family Fund program. All$90,294(C11DO) would be used to supplement other additional grant funds for acquisition and rehabilitation of the units. Tenants will be families with children who are 30%and below the area median income and CAC will provide ongoing case management and provide Iife skills and consumer credit counseling.CAC developed an affordable housing project in 1996 for 15 units of affordable housing for First-Time Home Buyers in Pasco called"Enrichment 2000". The project was completed in 1997. For 2011 CHDO funds, CAC will be the project sponsor and the Housing Authority of the City of Pasco and Franklin County (HACPFC) will be the project developer and manager. Both have experience in developing and managing rental propeilies. C. Both proposals serve priority populations and meet the goals of the Consolidated Plan. However, the CAC project is unique in that it proposes to develop a mull-family residential project for transitional rental housing.Over the years single family residential projects have been the focus of both City and CHDO home dollars and other current assistance programs focus on single family homeownership, This proposed CAC project focuses on filling a gap in subsidized rental housing for an under-served priority population and complements the City's goal of improved rental housing, This project also works toward developing capacity of a new housing development organization which is the primary goal of the CHDO set-aside funds. At their March 15, 2012 meeting,the Planning Commission recommended award of the 2011 CHDO funds to CAC. D, Rased on Council discussion at the March 26, 2012 workshop, staff has prepared a resolution awarding 2011 CHDO funds and authorizing the City Manager to sign the contract documents. 8(c) RESOLUTION NO. A RESOLUTION AWARDING 2011 HOME CHDO SFT-ASIDE GRANT TOTALING 590,294"1'0 BENTON FRANKLIN COMMUNITY ACTION COMMITTEE, WHEREAS, the City of Pasco entered into an Agreement with Kennewick and Richland in 2010 continuing participation in a Consortium originally formed in I996 under the Home Investments Partnership(HOME) Program;and WHEREAS, the C:onwrtiurri allows the three cities to be eligible for tWeral HOME funds, of which 15% of these funds are earmarked for federally designated Community Housing Development Organizations(CHDOs);and WHEREAS, the three cities rotate responsibility for distribution of HOME C14DO funds and the City of Pasco is responsible for distributing HOME CHDO funds totaling$90,294 for.2,011; and WHEREAS, all qualified CHDOs in the Tri-Cities metropolitan area were solicited to submit proposals and the City received two proposals; which were reviewed by HOME. Consortium representatives, and WHEREAS,the City of Pasco has selected thc:Benton Franklin Community Action Committee's (CAC) proposal to purchase and renovate a small apartment building to provide affordable housing for families with children who come from homelessness and are currently case managed and supported by CAC;Now,THEREFORE, HE IT.RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: Sectitin I. The City Council award 2011 HOME CHDO funds totaling $90,294 to Benton Franklin Community Action Committee and authorize the City Manager to sign contract documents. Section 2. All $90,294 CHDO Set-aside Funds will be used to supplement other additional grant t'unds for acquisition and rehabilitation of a small apartment building to house families with children who are 30% and below the area median income. Other CAC grant funds will provide ongoing case management, life skills,and consumer credit counseling. PASSED by the City Council of the City of Pasco this day of , 2012. CITY OF PASCO: Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra L, Clark Leland B. Kerr C:MC City Clerk Citv Attorney TRI-CITIES HOME CONSORTIUM CHDO (Owner, Developer, or Sponsor) CONTRACT AGREEMENT This HOME Program CHDO Recipient Agreement, hereinafter called "Agreement', has been made and entered into as of the day of , 2012, between the Tri-Cities HOME Consortium consisting of the participating Jurisdictions of the Cities of Richland, Kennewick and Pasco, hereinafter called "Consortium", and Benton Franklin Community Action Committee (CAC}, a qualified non-profit public agency, and a community housing development organization (CHDO) whose address is 720 West Court Street, Pasco, WA 99301, hereinafter called Recipient" as authorized by Title II, Section 216 and 217 of the National Affordable Housing Act of 1990, and with 24 CFR Part 92, also known as the HOME Investment Partnerships (HOME) Program. Recitals WHEREAS, the Federal Government has made funds available to Consortium pursuant to the HOME Program to increase the number of families, especially low income families, served Mth decent, safe, sanitary and affordable housing and to expand the long term supply of affordable housing; and WHEREAS, the Consortium seeks the maximum use of such funds consistent with the HOME Program, the objectives of which are to provide incentives to develop and support affordable rental housing and home ownership affordability through the acquisition, reconstruction, moderate or substantial rehabilitation or new construction of affordable housing; and WHEREAS, the HOME Program authorizes contracts with community housing development organizations, (CHDO), private developers, non-profit organizations, and public agencies to carry out the objectives identified above; and WHEREAS, in the case of CHDO the HOME Program also authorizes, at the participating jurisdiction's discretion, the use of program funds to provide technical assistance and site control loans in the early stages of project development, to provide loans to cover pre-construction project costs that Consortium determines to be customary and reasonable, and to provide education and organizational support. NOW, THEREFORE, the parties, for and in consideration of the promises and mutual obligations set forth below, agree as provided for in this agreement. Section 1 — Definitions HOME Funds — the total amount of HOME Program dollars being provided by the Consortium to the Recipient under this Agreement, HOME_Assisted -- those units in the Project, which were partially or totally, rehabilitated, constructed, or otherwise, assisted with the use of HOME Funds. 1 Project — the activity and result for which HOME Funds are being provided under this Agreement. Regulations — the requirements in 24 CFR Part 92 which govern the HOME Program and the use of HOME Funds, and all related and applicable OMB Circulars, Codes, Regulations and requirements. Section 2 — The Project HOME Funds are being made available by the Consortium to the Recipient for the purpose of promoting affordable housing to very low, and low-income families, through the acquisition, rehabilitation, and construction of non-luxury rental housing with suitable amenities, including site improvements, conversion, der-iolition, and other expenses such as financing costs, hereinafter called the Project". Finai approval of the project location rests with the Consortium. The Recipient shall make every effort to choose a project and location that minimizes relocation requirements, contributes to strengthening and preserves housing opportunities in established residential neighborhoods, and maximizes neighborhood benefits of the public investment provided by HOME Funds. Section 3 — Sources and Uses of Funds The total amount of HOME Investment Partnership Program dollars (CDFA 12.239), hereinafter called "HOME Funds", to be allocated to the Project is ninety thousand two hundred ninety-four dollars and ri f 00 f 90.,2941x. HOME Funds to be allocated are consortium Fiscal Year (Jan-Dec) 2011 CHDO funds. The limit of financial exposure for the Consortium and its individual members is specifically $90.294.00. Prod pct Des_criotiyrt: CAC proposes to use all $90,294 CHDO Set-aside Funds to supplement other state and local grant funds for acquisition and rehabilitation of a small apartment building (4 units) to house families with children who are 30% and below the area median income. Other grant funds of the Recipient will be used to provide ongoing case management, life skills, and consumer credit counseling. This project focuses on filling a gap in subsidized rental housing for an under-served priority population and complements the City's goal of improved rental housing and developing capacity of a new housing development organization which is the primary goal of the HOME CHDO set-aside funds. Spin.iticall+v the r ir�Jent will use federal HOME Funds, to- Acquisition and rehabilitation of a small apartment building of four rental units. The 2011 HOME CHDO Grant Application by Recipient is by reference made a part of this agreement. Projected dates for completion of significant items are as follows: Date Work to be Completed March 31, 2012 Finalize Grant Award un 4. 201 _ Pr000sed Site Identified 2 Au ,u t 31 2012 Environmental Review Completed s Oc12bor 31 2t112� . Property Acquired November 30, 2013 Constriction Contract for Rehabilitation Awarded December 31,,.X}14 Construction Completed The Agreement will be effective upon signing by all parties. A contract for construction work will be authorized upon approval of the environmental review, and all project work will be substantially completed no later than 31st day of Decernt�gr 11 4. Failure to complete the project as agreed upon, or comply with HOME Program and other applicable local, state or federal requirements can result in a breach of this agreement and cause any HOME funds drawn or incurred to become immediately due and repayable to the City of Richland, lead entity for the Tri-Cities HOME Consortium. Scope of Work: The Recipient will act as project sponsor and the Housing Authority of the City of Pasco and Franklin County (HACPFC) will be the project developer for acquisition and rehabilitation and manager of four (4) HOME-assisted rental units. The HACPFC and will manage the rental units in accordance with applicable HOME rules and regulations to benefit households whose gross annual household income is at or below 80 percent of median under Income guidelines established annually by the U.S. Department of Housing and Urban Development (HUD) for the Tri-Cities Metropolitan Statistical Area. Income documentation will be in a form consistent with HOME requirements as stated in the HUD handbook "Technical Guide for Determining Income and Allowances Under the HOME Program" Part 5 determinations for eligibility. Income verification of the household(s) must be re-examined to determine continued eligibility for the HOME Program if tenancy should occur later than 6 months from initial income verification to be under lease or contract agreement, and in thereafter in accordance with HOME regulations The Recipient will purchase and renovate a small apartment building that would provide affordable housing for families who come from homelessness and are currently case managed and supported by CAC's Washington Family Fund program. All $90,294 CHDO funds will be used to supplement other additional grant funds for acquisition and rehabilitation of the units. Tenants will be families with children who are 30% and below the area median Income and CAC will provide ongoing case management and provide life skills and consumer credit counseling. The City of Pasco, as a participating jurisdiction of the Tri-Cities HOME Consortium, will be named as mortgagee on the properties secured by a recorded Deed and Note as required by 24 CFR 92.254 for a period not less than the period of affordability. The HOME funds shall be no lower in priority than second position on the property unless prior written authorization is granted by the participating jurisdiction andlor the Consortium. The property must be used as rental housing during the term of the HOME Program loan. Project beneficiary information pertaining to household size, income levels, racial/ethnic characteristics, disability status, household composition, Female Head of Household composition, and any other information required by HUD, will be collected and documented in an individual and cumulative manner. 3 Homeownership projects must meet the minimum per-unit subsidy amount at 24 CFR 92.205(c) currently established as a minimum of $1 ,000, and the maximum per unit subsidy amount at 24 CFR 92.250(a) that is updated annually by HUD. The sources and uses of all other funds that might be contemplated for a project must be reported to the Consortium prior to the commencement of work so that a subsidy layering review per 92.250(b) can be completed. The Recipient and/or participating jurisdiction will monitor each housing unit for principal residency as provided at 24 CFR 92.254(a)(3) upon completion of the project and during the period of affordability. The Recipient agrees that it is now and will maintain CHDO status for the term of the project in accordance with 24 CFR Part 92, and agrees to provide information as may be requested by the Consortium to document its compliance. Section 4— Displacement/Relocation Requirement Any project that might displace a person, family, business, non-profit organization, or farm must be approved by the participating jurisdiction (City) and the Consortium in prior to any final commitment of HOME funds for the project, or of entering into any type of agreement, whether verbal or written with another party. Failure to receive prior approval may cause the forfeiture of any and all sums under this agreement by the Recipient. The recipient will provide a relocation plan for consideration and approval of the Consortium. Section 5— Environmental Review The effects of each activity related to the Project must be assessed in accordance with the provisions of the National Environmental Policy Act of 1989 and the related authorities in 24 CFR Parts 50 and 58, and as detailed in 24 CFR Part 92, § 92.352. Prior to undertaking any_ctqjgq ,limitiQS er !. � activity wit. _r ect to th Pr+pie , regardless of whether such activity is to be funded by the HOME Funds or other funds, the Recipient must, comply to the extent aoolicable. with the regulations found at 24 CER Part 0. Aq offer mace for acquisition of real property must be made via aoftndum to Lh.e purchase and sale agreement wtiich condifions the Purchase upon receivino final authorization to proceed from the lead agency upon completion of the Environmental Review. All ao.plica. le environmental revi%y and clearal3ce recuiremp„0l Ps iarovid 4 QFR st be completed by the lead consortium member a appMved by the Q.f2. QeogdMent 2f Hogsino n Development prior to any commitment by the c' i ont of.-HOME doilgru or commencement of any Dart of the P mfoot The Recipient will abide by any special r? j,�lcns, procedures and recuir- me _pf_#e., nArpnrnen#ai review and will advise the I d entity of any piclag :d char p in the scope of the proiact or any Qh1nWe_in goviranmenta.l conditions In accordance with 24 CFR 58.71(b). The Recipient may not use any of the HOME Funds for acquisition or construction in identified special flood hazard areas unless the Project is subject to the mandatory 4 purchase of flood insurance as required by Section 102(a) of the Flood Disaster Protection Act of 1973. Failure to comply with this provision will cause an immediate cancellation of this Agreement and forfeiture of the HOME funds. Section B -- Disbursement of Funds The Recipient may request funds under this Agreement only when they are needed for payment of specific allowable costs described herein, and only in amounts needed to pay such casts_ The Recipient shall be reimbursed for eligible project costs after review and approval by the participating jurisdiction of invoices, statements, and other billings, progress reports, and property inspection if applicable. Upon prior approval, the Consortium may pay a vendor or contractor directly. Section 7 - Relationship The relationship of the Recipient to the Consortium shall be that of an independent agency. Nothing herein shall be deemed to create the relationship of employer/employee or principal/agent between the parties. Section 8 - Modifications and Amendments All modifications and amendments to this Agreement shall be in writing; such modification or amendment shall not take effect until specifically approved by the Consortium in writing. Section 9 - Waivers No conditions or provisions of this agreement can be waived unless approved by the Consortium in writing. Section 10--Assignment The Recipient shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement to any party (whether by assignment or novation) without prior written consent of the Consortium. Section 11 - Severability If any provision of this Agreement, or portion thereof Is held invalid by any court of rightful jurisdiction. the remainder of this Agreement shall not be affected providing the remainder continues to conform to applicable Federal and State law(s) and regulations and can be given effect without the invalid provision. Section 12—Insurance and Bonds The Recipient and its employees, volunteers, contractors or consultants shall carry throughout the life of this Agreement, General Liability Insurance, Comprehensive Automobile Liability Insurance and other such coverage as may be appropriate or required by State or Federal law, for the services to be performed. This insurance shall include the following: 5 A. Professional Legal Liability: Recipient shall maintain Professional Legal Liability or Professional Errors and Omissions coverage appropriate to the Recipient's profession and shall be written subject to limits of not less than $1 million per claim and $1 million policy aggregate limit. The coverage shall apply to liability for a professional error, act or omission arising out of the scope of the work for this agreement. Coverage shall not exclude bodily injury, hazards, or property damage related to the work in this agreement, including testing, monitoring, measuring operations, or laboratory analysis where such services are rendered as part of the agreement. B. Worker's Compensation (industrial Insurance): Workers' compensation insurance as required by Title 51 RCW shall be maintained and Recipient shall provide evidence of coverage if so required. C. Commercial General Liability: Commercial General Liability coverage shall be written on ISO occurrence form CG 00 09 and shall cover liability arising from premises, operations, independent contractors, personal injury and advertising Injury. The insurance shall include the Consortium, its members, officers, officials, employees and agents with respect to performance of services, and shall contain no special limitations on the scope of protection afforded as an additional insured_ If the liability coverage is written as a claims made policy, then evidence of an extended reporting period or "tail" coverage for a three-year period after project completion must be purchased, or otherwise maintained for the three-year period. If this agreement Is over $50,000 then Employers Liability Coverage shall also be maintained. Coverage shall include limits of not less than $1 million per occurrence, and $2 million aggregate. D. Automobile Liability: Business Automobile Liability insurance with a minimum combined limit no less than $1 million per accident for bodily injury and property damage shall be maintained. Coverage shall include owned, hired, leased, and non-owned automobiles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 09 or a substitute form providing equivalent liabRity coverage. If deemed necessary, the policy shall be endorsed to provide contractual liability coverage. Insurance is to be placed with insurers with a current A.M. best rating of not less than A:VII. Recipient shall furnish the Consortium with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements prior to the commencement of the work. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability. Professional Liability and Commercial General Liability insurance: The insurance coverage shall be primary as respect to any insurance or self- insurance covering the Consortium, its members, elected and appointed officers, officials, employees and agents. Any insurance, self-insurance, or insurance 6 pool coverage maintained by the Consortium and its members shall be excess of the Recipient's insurance and shall not contribute with it. The insurance shall not be cancelled by either party, except after 30 days prior written notice by certified mail, return receipt requested, has been given to the Consortium. Properties improved, acquired or rehabilitated with HOME funds will be insured until such time that the final disposition of the property occurs. Copies of such documents will be forwarded to the lead entity of the Consortium prior to the start of work for the project. Bonds — If this agreement is for construction or facility improvement and the cost exceeds $100,000, the Recipient shall furnish Performance and Payment Bond as security for the faithful performance and payment of all his obligations. The Bond shall be in amounts at least equal to the Contract Price, and on such forms and with such Sureties as are licensed to conduct business in the State of Washington and are named in the current list of Surety Companies Acceptable of Federal Bonds" as published in the Federal Register by the Audit Staff Bureau of Accounts, U.S. Treasury Department. The performance bond shall be held by the Consortium for one year from the date of completion. If the surety on any Bonds furnished is adjudged, bankrupt, or becomes insolvent or its right to do business is terminated, the Recipient shall, within 5 gays thereafter, substitute another Bond which shall be acceptable to the Consortium and participating jurisdiction. Section 13 — Procurement Standards The Recipient will establish procurement procedures to ensure that materials and services are obtained in a cost-effective manner. When procuring for services to be provided under this agreement, the Recipient shall comply at a minimum with the nonprofit procurement standards at 24 CFR 84.40-48. In addition, it is understood that any Recipient that can be considered to be a religious organization shall abide by all portions of 24 CFR 92.257. Section 14 — HOME Program Requirements HOME Funds are made available to Consortium and subsequently to Recipient as authorized by 24 CFR Part 92, referenced and other applicable documentation, hereinafter called the "Regulations". Recipient agrees to comply with all requirements of the Regulations. Should anything in this Agreement be construed to conflict with Regulations, it is the Regulations, which shall prevail. Section 15 -- Match Requirement The HOME program requires a non-federally funded 25 percent match. The Recipient and/or participating jurisdiction is required to document sources of match, both cash and in kind and submit this information to the lead entity of the Consortium. The Recipient will be required to provide 25 percent match which minimally Is $22,573,50 and which is due throughout the project and at completion. The Recipient will immediately provide progress reports of match status as requested by the Consortium. 7 Section 16 -- Period of Compliance/Period of Affordability The HOME-assisted housing must meet the affordability requirements established at 24 CFR 92.264(4) for Owner Occupied units, for a period not less than specified in the following table: Homeownership Assistance Minimum Period of Affordability HOME amount per unit In Years Under $15,000 5 $15,000 to $40,000 10 Over $40,000 15 New Construction of Rentals 20 This period of compliance Is called the Period of Affordability for the Project, beginning after the Project is completed and Occupied by a very low, low or moderate-income household, and without regard to the term of the loan or the transfer of Ownership, except as noted below. The terms of affordability must be conveyed to the Owner. Section 17 — Termination of Period of Affordability The applicability of the Regulations may be terminated upon foreclosure or transfer in lieu of foreclosure per Consortium's and U.S. Department of Housing and Urban Development approval. The applicability of the Regulations shall be revived according to the Original terms if during the Original Period of Affordability, the Owner of record before the foreclosure, or deed in lieu of foreclosure, or any entity that includes the former owner or those with whom the former owner has or had family or business ties, obtains an ownership interest in the project or property. Section 18 — Recapture Requirements and Resale Requirements To ensure affordability, this project adheres to recapture requirements and Recipient must impose recapture requirements to comply with the standards set forth in 24 CFR Part 92, § 92.254(a)(5). Language ensuring the funds during the period of affordability for either resale or recapture requirements must be included verbatim in all contract documents and in a separate written agreement with the subrecipient. Funds that are returned by the Recipient and/or the participating jurisdiction from the sale of the property by the owner, or if the property is no longer used for an eligible activity during the period of affordability as required by 24 CFR 92.254(a)(4)-(5) must be immediately returned to the Consortium. Either resale or recapture provisions used must be consistent throughout the program design. If HOME assistance is only used as a development subsidy and is not subject to recapture, then the resale provision must be used. Recapture requirements can be structured to be the entire amount of original HOME assistance, a sharing of net proceeds from the subsequent sale of the property, or may be reduced during the period of affordability per 92.255(a)(5)(ii) based upon the program design and market conditions and approval by the Consortium. 8 Section 19 — CHDO Proceeds The Recipient will be eligible to retain CHDO Proceeds to be used for other affordable housing activities to benefit very low, low-income persons. CHDO proceeds are funds resulting from the permanent financing of a CHDO project which is used to Pay off a CHDO financed construction loan; the sale of CHDO sponsored rental housing to a second non-Profit; the sale of CHDO developed homeownership housing; the principal and interest payments from a loan to a buyer of CHDO developed homeownership housing, etc. Once CHDO proceeds are used once, there is no further HOME requirement that must be met. Section 20 — Property Standards For acquisition and/or rehabilitation of existing structures, upon completion the housing assisted with HOME Funds must meet the participating Jurisdiction's housing rehabilitation standards, or if no standards exist, then the housing quality standards at 24 CFR Part 92, §92.251(a)(1 ) for rehabilitation, and § 92.251(aX2) for acquisition; accessibility standards at 24 CFR 92.251(x)(3) and lead based paint requirements as found in 24 CFR 92.355 and 24 CFR Part 35. The housing must also meet all State of Washington and local standards, zoning, and ordinances. Newly constructed housing must meet the current edition of the Model Energy Code published by the Council of American Building Officials and local building standards. Section 20 — Non-Discrimination and Equal Opportunity The Recipient agrees that they will utilize and make available the HOME Funds in conformity with the non-discrimination and equal opportunity requirements set out in the HUD regulations in the National Housing Affordability Act. These regulations include: 1. The requirements of the Fair Housing Act, 42 U.S.C. 3501-20, and implementing regulations at 24 CFR Part 100; Executive Order 11063 (Equal Opportunity in Housing) as amended by Executive Order 12259 and Implementing regulations at 24 CFR 107; and Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, and implementing regulations at 24 GFR Part 1 (Nondiscrimination In Federally Assisted Programs); 2. The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-01) and the regulations at 24 CFR 146; 3. The prohibitions against discrimination on the basis of handicap under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR, Part 8; 4. The requirements of the Executive Order 11246 (Equal Employment Opportunity) and the regulations issued under the Order at 41 CFR Chapter 60; 9 5. The requirements of Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1702u (Employment Opportunities for Business and Lower Income Persons in Connection with Assisted Projects); and 6. The requirements of Executive Orders 11625 and 12432 regarding Minority Business Enterprise, and 12133 regarding women's Business Enterprise, and regulations 5.85.36(e) of Section 281 of the National Housing Affordability Act; and 7. The requirements of Washington State Law as found at RCW 49.60. Section 21 — Affirmative Marketing, MBEfWBE Records and Reports Affirmative marketing steps will be taken to provide information and otherwise attract eligible persons in the housing market area to the available housing without regard to race, color, national origin, sex, religion, familial status or disability. Affirmative marketing procedures must include requirements detailed in 24 CFR Part 92, §92.351. A detailed affirmative marketing plan must be submitted to the lead entity of the Tri- Cities HOME Consortium at the start of the project. The Recipient will document and provide data on the outreach steps taken to assure that minority business (MBE) and women's business enterprises (WBE) have an equal opportunity to obtain or compete for contracts and subcontracts as sources of supplies, equipment, construction, and services. Recipient will report to the lead entity of the Consortium the contracts or subcontracts awarded to MBE and WBE businesses for the project. Recipient will document and provide data on the outreach steps taken to assure Section 3 requirements are met Recipient will report to the lead entity of the Consortium the contracts or subcontracts awarded to Section 3 businesses for the project. Reports will be provided in accordance with 92.505(3) that give a description of each project assisted, including the location, form and term of assistance. Section 22 — Labor Standards -- Prevailing Wage Determination If this agreement is for a construction activity, the Davis-Bacon Act or State of Washington Prevailing Wage Requirements may be applicable. The recipient will be responsible for following both Davis-Batson and State Prevailing wage law as may be applicable to this project. Should HOME funds be made available for trther project costs, the Recipient agrees to comply with the decision regarding applicability as determined by the State of Washington Department of Labor and/or the U.S. Department of Housing and Urban Development Labor Division. The Recipient will ensure that written Federal Labor Standards Provisions and{or State Prevailing Wage Rates will be included and implemented in all contract and sub-contract documents, and the Recipient will carry out the responsibilities and duties as established by the U.S. Department of Housing and Urban Development, 10 Section 23 — Lead Based Paint The Recipient must comply with the U.S. Department of Housing and Urban Development Lead Based Paint Regulations (24 CFR Part 35) issued pursuant to the Lead Based Paint Poisoning Prevention Act of 1971 (42 U.S.C. Sections 4821, et.seq.) requiring prohibition of the use of lead based paint whenever HOME funds are used directly or indirectly for construction, rehabilitation, or modemization of residential structures; elimination of immediate lead based paint hazards in residential structures; and notification of the hazards of lead based paint poisoning to purchasers, tenants, and/or owners of residential structures constructed prior to 1978. The Recipient will be responsible for hiring an independent Environmental Protection Agency (EPA) or State of Washington certified Lead Based Paint risk assessor, inspector or clearance examiner for rehabilitation work. The Recipient will assure that contractors and sub- contractors comply with all applicable guidelines and regulations for the elimination of lead based paint hazards as established under OSHA Lead in Construction Industry Standard, 29 CFR 1926.62; EPA Lead Standard 40 CFR 745; and Title X of the 1992 Housing and Community Development Act, as amended, and established by HUD, 24 CFR 35, and 24 CFR 92.355. Section 24 — Conflict of Interest Generally, no employee, agent, member, consultant, officer or elected or appointed official of the members in the Consortium or Recipient who exercises or has exercised any functions or responsibilities with respect to any activities that are in any way connected with the decision to provide the HOME Funds may obtain a financial interest, reside in, or benefit from those activities, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter as stated in 24 CFR 92.356, and the Recipient must take appropriate steps to assure compliance. Section 25 -- Records Records must be kept by the Recipient and be made available to the Consortium that demonstrates compliance with this Agreement. Records must be maintained for at least five years after the project completion date, except for documents imposing recapture/resale restrictions which must be retained for five years after the Period of Affordability, specified in Section 6 above, has expired, or as any of the following apply: 1) Records that are the subject of audit findings must be retained for three years after such findings have been resolved, 2) Records for non-expandable property (as defined in 0 M B Circular #A-110 for non- profit organizations) shall be retained for three years after its final disposition. Project pre-construction, construction, and project management records must be kept which demonstrates compliance with this Agreement and related regulations. Financial management records must be kept and identify the source and application of funds for 11 the Project, in accordance with 24 CFR Part 85 and OMB Circulars A-110 and A-133 for non-profit agencies. The Recipient agrees to provide any and all information as may be requested by the Consortium or participating jurisdiction to document compliance with the HOME Program and related laws, rules, regulations and policies. Section 26 — Monitoring At least annually, or more often if deemed necessary, the Consortium Lead Entity will monitor the performance of the Recipient to assure compliance with the requirements of this Agreement. The review may include on-site Inspections and review of all records to determine compliance with this Agreement through the contract and affordability period. The Recipient agrees to provide any and all information to the Consortium to assist in meeting administrative and monitoring requirements. Any duly authorized representative of the U.S. Department of Housing and Urban Development, authorized federal or state agent, or the Consortium shall at all reasonable times have access to and the right to inspect, copy, audit, and examine all books, records and other documents relating directly to the Recipient's receipt and disbursement of the HOME Funds, as well as access to the project site(s) and all project records. Section 27 — Financial Responsibility The recipient agrees that it is financially responsible (liable) for any audit exception which occurs due to its negligence or failure to comply with the terms of this agreement. Section 28 — Timeliness cf Expenditures Time is of the essence in this agreement. HOME funds unspent as of the 31st day of December, 2015. will be recaptured by the Tri-Cities HOME Consortium for redistribution by the representative city to another qualified applicant, unless written extension approval prior to the date of expiration is made between all signatory members of this agreement. Section 29 -- Status Reports The recipient will be required to provide status reports to the City of Richland, lead entity for the Tri-Cities HOME Consortium, on the project or program being funded. The reports shall be submitted within 15 days of the end of each calendar year quarter (by April 15, July 15, October 15 and January 15) and shall continue until the project or program has been completed. The status reports shall include a description of the activities undertaken during the prior quarter, reporting on the goals achieved, the assistance provided to clients in the program, the number of homes constructed, and the number of families assisted. At the completion of the project a final report shall be provided indicating the accomplishments realized, the strengths and weaknesses of the project, total number of houses built or rehabilitated, total number of persons assisted, etc. Final record retention shall be the property of the participating jurisdiction and shall be delivered to same, if so requested. 12 Section 30 — Indemnification The Recipient will save and keep harmless and indemnify the Consortium and Its individual representative members against any and all liability, claims and costs of whatsoever kind and nature for injury to or death of any person or persons and for loss or damage to any property occurring in connection with or in any way incident to or arising out of activities undertaken under this agreement. Section 31 — Corrective and Remedial /fiction Recipient will immediately correct or cause to be Immediately corrected, any and all actions or performance deficiencies in the project as may be determined by the lead entity for the Tri-Cities HOME Consortium or the U.S. Department of Housing and Urban Development. Failure to correct such actions or performance deficiencies within 30 days from written notification may result in suspending HOME funds for the above described project, the cancellation of this contract, the reprogramming of HOME funds to other eligible activities, or the repayment of the HOME funds. Section 32 -- Attorney's Fees-Costs In the event of a lawsuit between the parties to this agreement, the prevailing party shall be entitled to recover judgment against the other party for reasonable attorney's fees and other costs either at trial or on appeal. If either party exercises any non-judicial right or remedy to enforce such party's rights hereunder, it shall be a condition for the cure of the default that the defaulting party will pay the non-defaulting party's reasonable attorney's fees incurred and all reasonable costs. Failure to pay such costs and reasonable attorney's fees shall constitute an event of default under this agreement. Section 33 — Venue and Law Venue for any action under this contract shall be in Franklin County, Washington. This agreement shall be govemed by the laws of the State of Washington. Section 34 -- Cancellation of Agreement This agreement may be cancelled for cause or not for cause by providing written 30 days notice by certified mail, return receipt requested, to the other signatory members of this agreement. HOME funds not committed to specific projects as of the cancellation date will be relinquished to the Consortium for redistribution to other qualifiers projerts. Section 35 — Written Agreement In accordance with the provisions of 24 CFR 92.504(a)( ) when assistance is provided to a homebuyer or homeowners, a written agreement separate from deeds, promissory notes, or other security instruments must be entered into that inrludes at a minimum: For homebuyers, the agreement must conform to the requirements in 92.254(a), the value of the property, principal residence, lease-purchase, if applicable, and resale or recapture provisions. The agreement must specify the amount of HOME funds, the term and farm of assistance whether grant or loan, the use of the fonds for down 13 payment, closing costs, rehabilitation, etc. and the date by which the housing must be acquired. For homeowners, the written agreement must conform to the requirements in 92.254(b) and specify the amount, term, and form of HOME assistance, rehabilitation work to be undertaken, roles and responsibilities, date for completion, and property standards to be met. For tenants, the rental assistance contract or the security deposit must conform to the requirements at 92.209 and 92.253. Section 36 - Modifications and Amendments All modifications and amendments to this Agreement shall be in writing; such modification or amendment shall not take effect until specifically approved by the Consortium in writing and signed by all parties to this agreement. Section 37 - Debarment and Suspension The Recipient may not award or permit an award of a contract to any party which is debarred, suspended or ineligible to participate in a Federal program. The Recipient certifies that it is not debarred, suspended or ineligible to participate in a Federal program. The Recipient will submit to the Consortium, the names of contractors and any subcontractors prior to signing contracts, to ensure compliance with 24 CFR Part 24, "Debarment and Suspension". The Recipient will also assure that language pertaining to debarred, suspended or ineligibility to participate Is inserted In all contract agreements. If during the time of this agreement the Recipient is debarred, suspended or ineligible to participate in a Federal program, the Consortium may terminate this agreement for cause. Section 38 — Financial Management and Audits The Recipient agrees to adhere to the generally accepted accounting principles and procedures issued by the American Institute of Certified Public Accountants, and utilize adequate internal controls and maintain necessary source documentation for all costs incurred. The Recipient will also comply with auditing standards issued by the Comptroller General of the United States. All recipients, whether a direct recipient of this agreement, or a sub-recipient receiving federal funds through a pass-through entity, that expend $500,000 or more in a year in Federal awards shall have a single audit conducted for that year in accordance with the provision of OMB A-133, Subpart B. When a Recipient expends Federal awards under only one Federal program, excluding Research and Development performed by a non-federal entity, and the program's laws, regulations, or grant agreements do not require a financial statement audit, the recipient may elect to have a program-specific audit conducted in accordance with Subpart B, Section 235. A program-specific audit may not be elected for Research and Development unless all of the Federal awards expended were received from the same Federal agency, or the same Federal agency and the same pass-through entity, and 14 that Federal agency, or pass-through entity approves in advance a program-specific audit. The audit must be conducted within 00 days of completion of this agreement. Non-Federal entities that expend less than $500,000 a year in Fedora[ awards are exempt from Federal audit requirements for that year, except this does not limit the authority of Federal agencies, including HUD, Inspectors General, or General Accounting Office to conduct or arrange for additional audits. All records will be made available for review or audit by appropriate local, state and federal entities. Section 39 -- Title Insurance Title Insurance shall be purchased on each activity in an amount equal to the anticipated HOME assistance and will name the City of Pasco as a beneficiary. Section 40 — Dispute Resolution The Consortium, participating jurisdiction and the Recipient agree to negotiate in good faith for a period of 30 days from the date of notice of all disputes between them prior to exercising their rights under this agreement or under law. All disputes not resolved by negotiation between the parties may be arbitrated only by mutual agreement of the parties. If not mutually agreed to resolve the claim by arbitration, the claim will be resolved by legal action_ Arbitration of all claims will be in accordance with the RCW 7.04A and the mandatory rules of arbitration with venue being placed in Pasco, Washington. Arbitration shall include an award to the prevailing party of its reasonable attorney fees and costs against the other. '15 RECIPIENT: CONSORTIUM: Benton Franklin Community Action Tri-Cities HOME Consortium Committee P.O. Box 190, MS 20 720 West Court Street Richland, WA 99352 Pasco, WA 99301 Judith Oidley, Executive Director Cynthia D. Johnson, City Manager Benton Franklin Community Action City of Richland Committee Date Date PARTICIPATING JURISDICTION: Gary Crutchfield, City Manager City of Pasco Date APPROVED AS TO FORM: Thomas O. Lampson, City Attorney City of Richland 16 AGENDA REPORT FOR: City Council M=h 27, 2012 TO: Gary Crutchtj +ty Manager Regular Mtg.: 4/2/12 Rick White, Community ''FiAomic Development Director 1 FROM: David McDonald, City planner SUBJECT: PREI M[NARY FLAT: Navigator Villas i Rd 68 &. Powerline Rd) (MFG#PP 2012-001) I. REFERENCE(S): 1. Overview and Vicinity Maps 2. Proposed Resolution 3. Preliminary Plat (Council packets only; copy available for public review in the Planning office, the Pasco Library or on the city's webpage at b p,_/l±wWw.'WcQ- WR,n,QV/CitVCcuthilr arts1. 4. Report to the Planning Commission 5. Planning Commission Minutes: Dated 2/16/2012 &3/15/2012 H. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 412: MOTION: l move to approve Resolution No. the Preliminary Plat for Navigator Villas. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On February 16, 2012, the Planning Commission conducted a public hearing to develop a recommendation for the City Council on the Preliminary Plat for Navigator Villas. Navigators Villas is a proposed 46-lot multi-family subdivision located at the southwest corner of Road 68 and Powerline Road. B. Following the conduct of a public hearing, the Planning Commission determined that with conditions related to sewer service and other infrastructure needs, the Preliminary Plat could be recommended for approval. The recommended conditions are contained in the attached resolution. C. No written appeal of the Planning Commission's recommendation has been received. 8(d) Overview Item: Preliminary Plat Navi ator Villas r Applicant: Stealth Development Map File #: PP 2012-001 I?Nt of FOR JL ANN 1iQ0 001 lop Lff LA � 1 •J'' � °� - �_ ���i t�".�����i����•��������- ���t.�r�b � - fry _ no Vicinity Item: Preliminary Plat Navigator Villas Map Applicant: Stealth Development File #: PP 2012-001 4611 'AW I rlyo Jk-- SITE . ,WI ,M' ' •� �w it ♦� a i `die � 19� •• / `�' • ► •y � i� � � NT, 41 N. _ i RESOLUTION NO. ARESOLUTION APPROVING A PRELIMINARY PLAT FOR NAVIGATOR VILLAS. WHEREAS, RCW 58.17 enables the City to uniformly administer the process of subdividing property for the overall welfare of the community; and, WHEREAS,owners and developers of property situated in the southeast quarter of Section 9, Township 9 North, Range 29 East, W.M., have requested approval of a preliminary plat; and, WIIEREAS, the Planning Commission ha.%reviewed said preliminary plat which is named Navigator Villas; and, WHEREAS, following a public hearing, the Planning Commission found the proposed plat promoted the general welfare of the community and recommended said preliminary plat be approved with conditions; NOW THERFFORF. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That the preliminary plat for Navigator Villas, located in the southeast quarter of Section 9, Township 9 North, Range 29 East W.M.,is hereby approved with the following conditions; 1) At the time Iots are developed, all abutting roads and utilities shall be installed to City standards as approved by the City Engineer. This includes, but is not limited to water and sewer lines, streets, street lights and storm water retention. Sidewalks must be installed with the *ontage improvements for Road 68 And Powcrlinc Road. The Sidewalks along Powerline Road shall follow the curvilinear pattern established on Sandifur Parkway. The handicapped accessible pedestrian ramps must be completed with the street and curb improvements prior to final Plat approval. All proposed utilities must be installed underground by the developer at the developer's expense. Phasing of improvements shall occur as provided on the preliminary plat. The Plat shall be completed in two phases. 2) The sewer main line shall be extended through the length of the property and terminate in the right-of-way north of the proposed development. Sewer mains must terminate in manholes; cleanouts will not be permitted. 3) A fifteen-foot sewer easement must be. dedicated to the City. The easement shall begin at the terminus of the existing sewer easement, shall be centered on the proposed sewer main extension, and shall continue through the length of the property. 4) Powerline Road shall be constructed to a 3/. street standard with a minimum of 28' of pavement. The pavement section shall consist of 3" HMA, 2" CSTC, and 8" CSBC. Construction of Powerline Road shall occur in conjunction with each phase of the subdivision and must be completed in no less than two phases. 5) Improvements to Powerline Road must include curb and gutter, sidewalk, landscaping and irrigation. All landscaping and irrigation plans shall be reviewed and approved by the Parks Department prior to installation. 1 6) A temporary turn around shall he provided on the West end of Powerline Road for emergency vehicle use. 7) The developer must file Covenants, Conditions, Restrictions and Reservations (C, C & R's) establishing an Owners Association with management and maintenance responsibilities for all common areas,driveway and parking,club houses,parking structures and easements. Said C, C & R's must run with the land and be binding on all heirs, assigns, transferees and subsequent successors in interest. The C, C & R`s must allow the annexation of all phases of the plat and bind all phases to the same. 8) All Final Plats shall include a note clearly indicating maintenance responsibility for excess right-of-way landscaping on Powerline Read and Road 68, is the responsibility of the Owner's Association as per the recorded C, C & R's. The Auditors file number of said recording must also be show on the Final Plats. 4) All Final Plats shall include a note elearly indicating maintenance and repair of the driveways, parking lots, parking structures, playgrounds and all improvements on Lot 17 are the responsibility of the Owner's Association as per the recorded C, C & R's. The Auditors file number of said recording must also be show on the Final Plats. l0)Lots abutting Powerline Road shall not have direct access to said road. Access shall be prohibitW by means of deed restrictions or statements on the face of the Final Plat(s). 11)Access to and from Road 68 will be limited to two common driveways as shown on the preliminary plat. No other access will be permitted to Road 68. The northern driveway on Road 68 shall be located no closer than 125 feet from the intersection of Road 68 and Powerline Road. Other means of access shall be prohibited by the means of deed restrictions or statements on the final plat. 12)An additional 10 feet of right-of-way must be dedicated for Road 68. The west half of Road fib measured from the centerline of the road shall be 50 feet. 13)'The developer shall install a common "Estate Type" fence/wall six-feet in height along the property line bordering the Powerline Road right-of--way. The fence must be constructed of masonry block and designed to minimize graf€hi. A fencing detail must be included on the subdivision construction drawings. Consideration must be given to the vision triangle at the intersection of Road 68 and Powerline Read. Maintenance and upkeep of said fence must be the responsibility of the subdivision Owners Association. All Final Plats shall include a note that clearly indicates the maintenance responsibility for the estate fence is the responsibility of the Owner's Association including the removal of graffiti. 14)The developer/builder shall pay the "traffic impact fee" established by ordinance at the time of issuance of building permits for homes. Fees collected shall be placed in a fund and used to finance signalization and other improvements necessary to mitigate traffic impacts on the circulation system within the I-182 corridor. 15)No utility vaults, pedestals, or other obstructions will be allowed at street intersections. 16)The on-site water system shall be looped to the water main with the construction of the first phase of this development. Premises isolation from the domestic water system shall be maintained by backflow prevention as prescribed by the Public Works Department. 17)At the time of initial construction plan review for the first phase of this development, the developer shall provide a water model for the entire development. The water model shall contain a pressure and flow analysis, shall indicate the location and values of cmisting 2 pressure:, and shall idcntify the flow data used in the analysis. Data from this analysis will be used to verify adequate flow and pressure for the development. 18)All storm water is to he disposed of per City and State codes and requirements. 19)The developer shall insure active and ongoing dust, weed and litter abatement activities occur during the construction of the subdivision and construction of dwellings thereon. 20)The developer shall prepare a dust, weed and erosion control plan to be approved by the City prior to approval of any construction drawings for the first phase of the subdivision. 21)The developer shall be responsible for the creation of record drawings. All record drawings shall be created in accordance with the requirements detailed in the Record Drawing Requirements and Procedure form provided by the Engineering Division. This fonu shall be signed by the developer prior to construction plan approval_ ?2)All engineering designs for infrastructure and Final Plat drawings shall utilize the published City of Pasco Vertical Control Datum and shall be identified on each such submittal. 23)Final Plats shall contain easements parallel to all streets. The common driveway and parking areas shall also be identified as an easement. An additional easement shall be provided as needed for the Franklin County PUD for electrical vaults. The width and length of the additional PUD easement shall be determined by the PUD. 24)The Final Plats shall contain the following Franklin County Public Utility District statement: "The individual or company making improvements on a lot or lots of this flat is responsible for providing and installing all trench, conduit, primary vaults, secondary junction boxes, and bacfill 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" 25)Street lighting must be installed to the City of Pasco/Franklin County PUD standards and as directed by the City Engineer. Residential street lights are typically installai every 300 feet, and collector/arterial type street lights are typically installed every 150 foci. Street light positioning is alternating and is measured along the centerline of the road. 26) Prior to the City of Pasco accepting construction plans for review the developer must enter into a Storm Water Maintenance Agreement with the City. The developer will be responsible for obtaining the signatures of all parties required on the agreement and to have the agreement recorded with the Franklin County Auditor. The original signed and recorded copy of the agreement must be presented to the City of Pasco at the first intake meeting for construction plans for each phase of development. 27)The developer will be required to conform to all conditions set forth in the Storm Water Maintenance Agreement including, but not limited to, regular cleaning and maintenance of all streets, gutters, catch basins and catch basin protection systems, Cleaning shall occur on a regular basis to ensure that no excess buildup of sand, trash, grass clippings, weeds or other debris occurs in any portion of the streets, gutters, or storm water collection facilities. Cleaning and upkeep of the streets, gutters, and storm water collection facilities must be to the satisfaction of the City Engineer, The developer will be responsible for operating and maintaining the storm drain system in accordance with the Storm Water Maintenance Agrceinc.nt for a period of up to five years from the date#)f Final Plat approval for each phase or until the system is accopted by the City of Pasco. The City of Pasco's acceptance of 3 construction plans for subsequent phases of the subdivision will be contingent upon the developer satisfying all requirements of the Storm Water Maintenance Agreeniont. 28)The developer will be required to comply with the City of Pasco Civil Plan Review process. 29)Prior to Final Plat approval the developer must provide the City with written notification from the School District that mitigation provisions have been made to address the concerns identified in the School District's later dated February 3, 2012. Passed by the City Council of the City of Pasco this 2°d day of April, 2012. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, CMC Leland B. Kerr, City Attorney City Clerk 4 REPORT TO PLANNING COMMISSION MASTER FILE NO: PP 2012-001 APPLICANT: Stealth Development HEARING DATE: 2/16/2012 3710 E Man O' War Ln ACTION DATE: 3/15/2012 Nampa, ID 83686 ]BACKGROUND REQUEST: Preliminary Plat: Navigator Villas. 47-Lots (Multi-Family) 1. PROPERTY DESCRIPTION: Legal: Lots 1 & 2 Short Plat 2003-21 General Location: The S/W corner of Road 68 and Powerline Road Prj21& 'ty Sate: 10.8 Acres Number of Lots Pro2osed: 46 lots and 1 Tract uare_F.00t e_ Range of Lots. 8,225 ft2 to 17,951 ft2 verggg Lit Squire Foot ,e: 9,880 fe 2. ACCESS: The property will have access from Road 68. 3. UTILITIES: Municipal sewer currently exists along the east boundary of the site in an easement adjacent to Road 68. Water service is currently available from the main in the Road 68 easement. 4. LAND USE AND ZONING: The site is zoned R-4 (High Density Residential). Surrounding properties are zoned and developed as follows: NORTH: A - Agriculture (County Zoning) SOUTH: R-4 - Stone Gate Apartments EAST: R-T -Vacant Farm ground WEST R-1 - Single Family Residences S. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for mixed residential development. According to the Comprehensive Plan, mixed residential development means 5 to 20 dwelling units per acre. The criteria for allocation under the future land use section of Volume I1 of the Comprehensive Plan (Vol. II, page 17) encourages development of lands designated for mixed residential uses when or where: sewer is available, the location is convenient to major circulation routes, the site serves as a transition between more intense uses and low density uses, and when there is a market demand. Goal H- 2 suggests the City strive to maintain a variety of housing options for residents of the community. Goal Lit-2 encourages the maintenance of established neighborhoods and the creation of new neighborhoods that are safe and enjoyable places to live. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, comments received from the Pasco School District, and other information, the City has issued a Mitigated Determination of Non-Significance (MDNS) for this project under 'WAC 197-11-158. To mitigate the impacts associated with the proposed Navigator Villas Subdivision the developer will need to enter into an agreement with the Pasco School District, as authorized under RCW 82.02.020. The terms of said agreement may include impact fees or other remuneration to ameliorate the impacts that 99 new students will have on the School District. ANALYSIS The site was initially designated for mixed residential development under the Comprehensive Plan in 1995. The R-4 (High Density Residential) zoning was established in 2003 around the time Columbia Place (to the west) received Preliminary Plat approval. The applicant is proposing to subdivide the site in question into 46 lots to allow the construction of 46 four-plexes and two duplexes. Each four-plex and duplex will occupy one lot. The proposal for Navigator Villas is identical to the process that was used for the development of the Villages at Chapel Hill. Individual lots were created through the platting process with a common driveway and parking area and a common lot for a management office and club house. The Island Estates Row Home development in the Island Estates subdivision (Phase 8) and the Mediterranean Villas subdivision are also examples of multi-family developments that were established through the platting process. Each of these subdivisions were zoned for multi-family development and later platted into individual lots. The lot lines within these subdivisions became the common boundary line separating the dwelling units. LOT LAYOUT: The proposed plat contains 46 lots; with the lots varying in size from 8,225 square fec;t to 17,951 square feet. The Plat also contains a 4,006 square foot tract that will be developed as a common playground area. The proposal is consistent with the density requirements of the R-4 zoning of the site. RIGHTS-OF-WAY: The plat fronts Road 68 and Powerlinc Road. Both roads will be developed to City standards. UTILITIES: The developer will be responsible for extending utilities into the plat. A common utility easement mrill be provided through the parking lot and internal access driveway through the development. The final location and width of the easements will be determined during the engineering design phase. The 2 Franklin County PUD has identified the need for easements on both sides of the internal access way, The PUD permits common use of utility trenches which enables the easement to be used by other utility providers. The City Engineer will determine the specific placement of fire hydrants and streetlights when construction plans are submitted. As a general rule, fire hydrants are located at street intersections and with a maximum interval of 300 feet between hydrants on the same side of the street. Streetlights are located at street intersections, with a maximum interval of 300 feet on residential streets, and with a maximum interval of 150 feet on arterial streets. The intervals for street light placements are measure along the centerline of the road. Street lights are place on alternating sides of the street. STREET NAMES: Road 68 and Powerline Road are already named. IRRIGATION: No irrigation pipe installation will be required as a part of this plat. WATER RIGHTS: Water rights for this area have been previously assigned to the City. 1.1.)INGS OF FACT State law (RCW 58. 17.010) and the Pasco Municipal Code require the Planning Commission to develop Findings of Fact as to how this proposed subdivision will protect and enhance the health, safety and general welfare of the community. The following is a listing of proposed "Findings of Fact": Prevent Overcrowding: Density requirements of the R-4 zone are designed to address overcrowding concerns. The R-4 zone permits a density of 29 dwelling units per acre. The proposed plat has a density of 16.3 units per acre. No more than 60 percent of each lot is permitted to be covered with structures per the R-4 zoning standards. Parks Opens Space/Schools: City parks are located in Columbia Place and Island Estates. The proposed subdivision will be served by Ruth Livingston Elementary School, McLoughlin Middle School and Chiawana High School. The Preliminary Plat was submitted to the School District for review. The School District has indicated (see attached letter dated February 3, 2012) they do not have capacity at Livingston or McLoughlin to serve the additional enrollment expected from the proposed subdivision. The table below illustrates the School Districts capacity constraints. The City is required by RCW 58.17.110 to make a finding that adequate provisions are being made to ameliorate the impacts of the proposed subdivision on the School District. The proposed Plat cannot be recommended for approval unless the Planning 3 Commission finds adequate provisions have been made for the schools. The School District has requested the impacts be mitigated. Without a specific impact fee ordinance the mitigation can be achieved by the developer entering into a voluntary agreement with the School District as authorized under RCW 82.02.020. The voluntary agreement would specify the type or form of mitigation being provided by the developer. The mitigation could take the form of an impact fee cash payment to the District, the construction of portable classrooms or combination of fees and in-kind services. Requiring the developer to enter into an agreement with the School District for the payment of mitigation fees or other kinds of remuneration would be. one method of addressing the finding requirements of RCW 58.17.110. Note: (On March 5, 2012 the City Council adopted Ordinance # 4046 establishing a School Impact Fee. The ordinance was adopted to address identified impacts of new residential development on the Pasco School District. The impact fee applies to both single-family and multi-family development. The Schoul Irnpact Fee Ordinance will address the School District's concern about the need for mitigation described in this section. However, because the ordinance was adopted after the public hearing was closed the information contain herein cannot be modified.) SCHOOL CAPACITY OCTOBER 2010 ENROLLMENT Ruth Livingston 500 800 McLoughlin 1,000 1,483 Middle Chiawana High 2,200 2,032 Effective Land Use/Orderly Development: The Plat is laid out for multi- family development as identified in the Comprehensive Plan. The maximnin density permitter) by the zoning regulations is 29 dwelling units per acre. The developer is proposing a density of 16.3 units per acre. The proposed development will provide for the continuation of improvements (curb, gutter, sidewalk and utilities) to Road 68. The development will also provide approximately the first 625 feet of street improvements for Powerline Road west of Road 68. Safe Travel & Walking Conditions: The Plat is connected to the community by Road 68 and Powerline Road. Sidewalks will be installed in conjunction with the construction of the apartment buildings. The sidewalk along Road 68 will connect with the sidewalk previously installed on Road 68 with the 4 construction of the Stone Gate Apartments and must conform to current City standards and Amerc:ians with Disabilities Act (ADA) requirements. Adequate Provision of Municipal, Services: All lots within the Plat will be provided with water, sewer and other utilities. Provision of Housing for State Residents: The proposed Preliminary Plat contains 46 Tnulti-fancily building lots, providing an opportunity fur the construction of 1.76 dwelling units. Adequate Air and Light: The maximum lot coverage limitations and building setbacks will assure that adequate movement of air and light is available to each lot. Proper Access & Travel: The streets adjoining the Plat will be paved and developed to City standards to assure proper access to the property. Road 68 providc;s access to Sandifur Parkway, Burden Boulevard and I-182. The Preliminary Plat was submitted to the Transit Authority for review. (The discussion under "Safe Travel" above applies to this section also.) Comprehensive Plan Policies & Maps: The Comprehensive Plan designates the Plat site for mixed residential development. Policies of the Comprehensive Plan suggest the City strive to maintain a variety of housing for residents. Other Findings: • The site is within the Pasco Urban Growth Boundary. • The State Growth Management Act requires urban growth and urban densities to occur within the Urban Growth Boundaries. • The Comprehensive Plan identifies the site for mixed residential development. • The site is zoned R-4 (High Density Residential). • The site was zoned R-4 in 2003. • The Housing Element of the Comprehensive Plan encourages the development of a variety of residential densities and housing types. • The Transportation Element of the Comprehensive Plan encourages the interconnection of neighborhood streets to provide for the disbursement of traffic. • The School District has purchased sites for future schools at the northwest corner of Road 60 and Sandifur Parkway (elementary school) and at the end of Road 52 (middle school). • A recent Mond measure to fund construction of the Road 60 and Roars 52 schools failed. 5 • The School District has provided data indicating Pasco schools lack the capacity to accommodate additional students. • The School District by letter dated February 3, 2012 requested the impacts to the School District created by the proposed Plat be mitigated. • RCW 58.17.110 requires the City to make a finding that adequate provisions have been made for schools before any preliminary plat is approved. • The School District indicated by letter dated February 3, 2012 mitigation fees address the requirement to ensure adequate provisions are made for schools. • The City of Pasco has adopted school impact fee ordinance compelling new housing developments to provide the School District with mitigation fees. The fee is effective April 16, 2012. • RCW 82.02.020 authorizes the School District to enter into agreements with developers for the purpose of mitigating the impacts new development may have upon the School District. The terms of such agreements may include the payment of school impact fees. • The Comprehensive Plan indicates Powerline Road will he an arterial street. • The site borders on a partially developed section of Road 68. CONCLUSIONS BASED ON THE FINDINGS OF FACT Bc:fure recommending approval or denial of the proposed Plat the Planning Commission must develop Findings of Fact frurn which to draw its conclusion (P.M.C. 26.24.070) therefrom 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 Plat wiA be required to develop under the standards of the Municipal Code and the standard specifications of the City Engineering Division. These standards for streets, sidewalks, and other infrastructure improvements were designed to ensure the public health, safety and general welfare of the. community are. secured. These standards include provisions for streets, drainage, water and sewer service and the provision for dedication of right-of-way. The Preliminary Plat was forwarded to the Franklin County PUD, the Pasco School District and Ben-Franklin Transit Authority for review and comment. The School District indicated that there are capacity constraInts at Ruth Livingston Elementary and McLoughlin Middle School. To address the capacity issues and ensure adequate provisions are made for schools the 6 District is asking the developer to enter into an agreement with the Pasco School District to mitigate the impacts the development will have upon the provision of schools and school services. City parks are located in the subdivisions to the west and southwest of the site. All new developments participate in establishing parks through the payment of park fees at the time of permitting. (2) The proposed subdivision contributes to the orderly development and land use patterns in the area; The proposed Plat makes efficient use of vacant land and will provide for additional housing following the designation of the Comprehensive Plan and the established zoning. The proposed subdivision will contribute to the widening and improvement of Road 68 to the north end of the City limits and will also contribute to the construction of the first 625 feet, plus or minus, of Powerline Road extending West of Road 68. (3) The proposed subdivision conforms to the policies, maps and narrative text of the Comprehensive Plan; The Comprehensive Plan land use map designates the site for mixed residential development. The Housing Element of the Plan encourages the promotion of a variety of residential densities including multi-family development. The Transportation Element of the Plan suggests major streets should be beautified with trees and landscaping. (4) The proposed subdivision conforms to the general purposes of any applicable policies or plans which have been adopted by the City Council; Development plans and policies have been adopted by the City Council in the form of the Comprehensive Plan. The proposed Subdivision conforms to the policies, maps and narrative text of the Plan as noted in number three above. (5) The proposed subdivision conforms to the general purposes of the subdivision regulations. The general purposes of the subdivision regulations have been enumerated and discussed in the staff analysis and Findings of Fact. The Findings of Fact indicate the subdivision is in conformance with the general purposes of the subdivision regulations provided certain mitigation measures are provided for (i.e. school impact mitigation). (6) The public use and interest will be served by approval of the proposed subdivision. 7 The proposed Plat, if approved, will be developed in accordance with all City standards designed to insure the health, safety and general welfare of the community are met. The Comprehensive Plan will be implemented through development of this Plat.. These factors will insure the public use and interest are served. PLAT APPROVAL CONDITIONS 1. At the time lots are developed, all Abutting reads and utilities shall be installed to City standards as approved by the City Engineer. This includes, but is riot limited to water and sewer lines, streets, street lights and storm water retention. Sidewalks must be installed with the frontage improvements for Road 68 and Powerline Road. The Sidewalks along Powerline Road shall follow the curvilinear pattern established on Sandifur Parkway. The handicapped accessible pedestrian ramps must be completed vvith the street and curb improvements prier to final Plat approval. All proposed utilities must be installed underground by the developer at the developer's expense. Phasing of improvements shall occur as provided on the preliminary plat. The Plat shall be completed in two phases. 2. The sewer main line shall be extended through the length of the property and terminate in the right-of-way north of the proposed development. Sewer mains must terminate in manholes; cleanouts will not be permitted. 3. A fifteen-foot sewer easement must be dedicated to the City. The easement shall begin at the terminus of the existing sewer easement, shall be centered on the proposed sewer main extension, and shall continue through the length of the property. 4. Powerfine Road shall be constructed to a 3/4 street standard with a minimum of 28' of pavement. The pavement section shall consist of 3" HMA, 2" CSTC, and 8" CSBC. Construction of Powerline Road shall occur in conjunction with each phase of the subdivision and must be completed in no less than two phases. 5. Improvements to Powerline Road must include curb and gutter, sidewalk, landscaping and irrigation. All landscaping and irrigation plans shall be reviewed And approved by the Parks Department prior to installation. b. A temporary turn around shall he provided on the Nest end of Powerline Road for emergency vehicle use. 7. The developer must file Covenants, Conditions, Restrictions and Reservations (C, C & R's) establishing an Owners Association with management and maintenance responsibilities for all common areas, driveway and parking club houses, parking structures and easements. Said C, C & R's must run with the land and be binding on all heirs, 8 assigns, transferees and subsequent successors in interest. The C, C & Ws must allow the annexation of all phases of the plat and bind all phases to the same. 8. All Final Plats shall include a note clearly indicating maintenance responsibility for excess right-of-way landscaping on Powerline Road and Road 68, is the responsibility of the Owner's Association as per the recorded C, C & R's. The Auditors file number of said recording must also be show on the Final Plats. 9. All Final Plats shall include a note clearly indicating maintenance and repair of the driveways, parking lots, parking structures, playgrounds and all improvements on Lot 17 are the responsibility of the Owner's Association as per the recorded C, C & R's. The Auditors file number of said recording must also be show on the Final Plats. 10. Lots abutting Powerline Road shall not have direct access to said road. Access shall be prohibited by means of deed restrictions or statements on the fare of the Final Plat(s). 11. Access to and from Road 68 will be limited to two common driveways as shown on the preliminary plat. No other access will be permitted to Road 68. The northern driveway on Road 68 shall be located no closer than 125 feet from the intersection of Road 68 and Powerline Road. Other means of access shall be prohibited by the means of deed restrictions or statements on the final plat. 12• An additional 10 feet of right-of-way must be dedicated for Road 68. The west half of Road 68 measured from the centerline of the road shall be 50 feet. 13. The developer shall install a common "Estate Type" fence/wall six-feet in height along the property line bordering the Powerline Road right-of-way. The fence must be constructed of masonry block and designed to minimize graffiti. A fencing detail must be included on the subdivision construction drawings. Consideration must be given to the vision triangle at the intersection of Road 68 and Powerline Road. Maintenance and upkeep of said fence must be the responsibility of the subdivision Owners Association, All Final Plats shall include a note that clearly indicates the maintenance responsibility for the estate fence is the responsibility of the Owner's Association including the removal of graffiti. 14. The developer/builder shall pay the "traffic impact fee" established by ordinance at the time of issuance of building permits for homes. Fees collected shall be placed in a fund and used to finance signalization and other improvements necessary to mitigate traffic impacts on the circulation system within the I-182 corridor. 15. No utility vaults, pedestals, or rather obstructions will be allowed at street intersections. 16. The on-site water system shall be looped to the water main with the construction of the first phase of this development. Premises isolation from 9 the domestic water system shall be maintained by backflow prevention as prescribed by the Public Works Department. 17. At the time of initial construction plan review for the first phase of this development, the developer shall provide a water model for the entire development. The water model shall contain a pressure and flow analysis, shall indicate the location and values of existing pressure, and shall identify the flow data used in the analysis. Data from this analysis will be used to verify adequate flow and pressure for the development. 18. All storm water is to be disposed of per City and State codes and requirements. 19. The developer shall insure active and ongoing dust, weed and litter abatement activities occur during the construction of the subdivision and construction of dwellings thereon. 20. The developer shall prepare a dust, weed and erosion control plan to be approved by the City prior to approval of any construction drawings for the first phase of the subdivision. 21. The developer shall be responsible for the creation of record drawings. All record drawings shall be created in accordance with the requirements detailed in the Record Drawing Requirements and Procedure form provided by the Engineering Division. This farm shall be signed by the developer prior to construction plan approval. 22. All engineering designs for infrastructure and Final Plat drawings shall utilize the published City of Pasco Vertical Control Datum and shall be identified on each such submittal. 23. Final Plats shall contain easements parallel to all streets. The common driveway and parking areas shall also be identified as an easement. An additional easement shall be provided as needed for the Franklin County PUD for electrical vaults. The width and length of the additional PUD easement shall be determined by the PUD. 24, The Final Plats shall contain the following Franklin County Public Utility District 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 vanits, secondary ,junction boxes, and backfrll for the PUD's primary and secondary distrihution 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". 25. Street lighting must be installed to the City of Pasco/Franklin County PUD standards and as directed by the City Engineer. Residential street lights are typically installed every 300 feet, and Collector/arterial type street lights are typically installed every 150 feet. Street light positioning is alternating and is measured along, the centerline of the road. 10 26. Prior to the City of Pasco accepting construction plans for review the developer must enter into a Storm Water Maintenance Agreement with the City. The developer will be responsible for obtaining the signatures of all parties required on the agreement and to have the agreement recorded with the Franklin County Auditor, The original signed and recorded copy of the agreement must be presented to the City of Pasco at the first intake meeting for construction plans for each phase of development, 27. The developer- will be required to conform to all conditions set forth in the Storm Water Maintenance Agreement including, but not limited to, regular cleaning and maintenance of all streets, gutters, catch basins and catch basin protection systems. Cleaning shall occur on a regular basis to ensure that no excess buildup of sand, trash, grass clippings, weeds or other debris occurs in any portion of the streets, gutters, or storm water collection facilities. Cleaning and upkeep of the streets, gutters, and storm water collection facilities must be to the satisfaction of the City Engineer. The developer will be responsible for operating and maintaining the storm drain system in accordance with the Storm Water Maintenance Agreement for a period of up to five years from the date of Final Plat approval for each phase or until the system is accepted by the City of Pasco. The City of Pasco's acceptance of construction plans for subsequent phases of the subdivision will be contingent upon the developer satisfying all requirements of the Storm Water Maintenance Agreement. 28. The developer will be required to comply with the City of Pasco Civil Plan Review process. 29. Prior to Final Plat approval the developer must provide the City with written notification from the School District that mitigation provisions have been made to address the concerns identified in the School District's letter dated February 3, 2012. RECOMMENDATION MOTION: 1 move to adopt Findings of Fact and Conclusions therefrom as contained in the March 15, 2012 staff report. MOTION: 1 move based on the Findings of Fact and Conclusions, as adopted, that the Planning Commission recommend City Council approve a Preliminary Plat for the Navigator Villas Subdivision with the conditions as listed in the March 15, 2012 staff report. it Item: Preliminary Plat Navigator Villas Vicinity Map Applicant: Stealth Development N File . PP 2012-001 7 It' VIM � SIT : . "Gil reCIOR wq .rf • i � � T rr� ti • . _, ,! s AQLjW A A-0i` `�'` f"i+ 4 Zoning Item: Preliminary Plat Navigator Villas Applicant: Stealth Development x Map File #: PP 2012-001 AP-20 RR-1 (County) (County) app SMfVAL•IMIT SNOQUALMIE DR R_1 SITIE���,jjRT SKAGIT DR Y R4 J Q �R Land Use Item: Preliminary Plat Navigator Villas Applicant: Stealth Development x map File #: PP 2012-001 utility SFDU Agriculture (County) (County) (County) Rov►►er�i - �� SNOQUALMIE DR �OFpU$;' SIT Agriculture SKAGIT DR z 4 s � Multi =Family Item:, Prelimin P � Buildi*ng Ap icant: Stealth Development N Layout- File PP 2012-001 11=11 fill! 1.111M Looking East e'. ` �•. ,, �n•gyp, - , 'k r t _ •��� z! � � s v k,ter •„�,. ,',�� .,� erg,..,_ �1► - • Looking" Northeast FIR 1 i 79 WA Looking North ,zr I AqE Jill k • F . s � I • .f .�1'9•r�_ ?t4 �� ice. - �,�J �' �`� ' ",IV. , ,tl3 �-y. ,fig'��.�„ t�'�.t�'' .•� .� .�C� �!�'i! y. • Looking Northwest �` �' S`-,, �1' .r~ ." 'fir.: � ,° ;.�• ' '�, � �.i , �t Looking West •vhf• ;� r^ �� � � ,. •L �' +� 1,r•,,. ti< �� .� f•, Loo ng South r r• - l ' s ,sM -L Looking Southeast Ap- -low Rag- N Pasco School District No. 1 Operations Department John Morgan, Executive Director (509)543-6098 Jean Martin, Administrative Assistant (509)546-2880 1215 West Lewis Street ASCQ Pasco, WA 99301 CHOOL !S'!'R1 'r#1 Fax: (509)543-6715 February 3, 2012 RECEIVE[) Dave McDonald FEB 0 3 2011 Pasco Planner City Of Pasco C4PJIMlI UY s.ECONOMIC DEVROPIVIK PO Sox 293 Pasco,WA 99301 RE: Navigator Villas (Stealth Development Inc.)— MF # PP2012-001 Dear Mr. McDonald: On behalf of the Pasco School District, thank you for the opportunity to comment on the above referenced development proposal. The district is submitting this letter to inform the Planning Commission and the proposed developer of the impacts the proposed development will have on the Pasco School District facilities and to respectfully request the impact be mitigated. District-wide, every new multi-family housing development in the district creates the need to provide school facilities for .35 elementary school students, .12 middle school students and .12 high school students. That means more than 99 students will live in new dwellings associated with the proposed development, This district will provide a public education to these 99 students at Ruth Livingston Elementary School, McLoughlin Middle School and Chiawana High School. The following table lists the number of students enrolled at Ruth Livingston Elementary School, McLoughlin Middle School and Chiawana High School. OCTOBER 2010 SCHOOL CAPACITY ENROLLMENT Ruth Livingston Elementary 500 838 McLoughlin Middle 1,000 1,563 I Chiawana Huh 2,200 2,109 The information in this table was taken from the most recently adopted Capital Facilities Plan. The Capital Facilities Plan was adopted by the Board of Directors in December 2011 and is intended to be used to identify and plan for the public school facilities that are needed in serve new development. As shown in the table above and the Capital Facilities Plan, the district does not have capacity at Ruth Livingston Elementary or McLoughlin Middle Schools to serve the students from the proposed development. The issue of inadequate capacity is exacerbated when you consider Other Pending developments that will generate additional students. Celebrating academies, diversity, and lanovation. Dave McDonald Page 2 February 3, 2012 Public schools are one of the many public facilities the city (and county) must plan for. As new development occurs it is necessary to have a plan and regulations that ensure public facilities, Including schools will be provided. New subdivisions plats cannot be approved unless the city finds there are adequate provisions for schools RCW 58.17.110. The cost to build schools is significant. To construct a 750 student elementary school it will cost the district approximately $28,000,000, or about $35,000 per student. A 1,250 student middle school will cost the district approximately$60,000,000, or approximately $48,000 per student. Given the significant cost to build schools, and the lack of capacity in our schools to serve students from new developments, the Pasco School Board has asked Franklin County and the City of Pasco to adopt a school Impact fee ordinance. School impact fees address the requirement to ensure there are adequate provisions for schools. Until school impact fees are adopted, the district is requesting that new development be required to mitigate the impacts it will have on the schools. Mitigation is required to ensure there are adequate provisions for schools. Failure to consider and address the impacts new development has on public schools negatively affects the district's ability to provide quality education. Please contact me if you have questions or need additional information. Respectfully, John M. Morgan Assistant Superintendent, Operations cc: Saundra Hill, Superintendent Glenda Cloud, Assistant Superintendent Cal Bacon, Assistant Superintendent Sarah Thornton, Executive Director of HR & Legal Affairs Marnie Allen, ESD 112 Celebrating academics, diversity, and innovation. Mr.D.McDonaid, I am writing this letter in response to the notice i received, regarding the developennent of the Lots ! & 2 short plat 2003-21. t can not attend this Public Hearing scheduled on 16 Feb-2012 at 7pm. i want to go on record, ifiat t OPPOSE the petition(MFXPP2012-001)filed by the Stealth Developement Inc and the CommunitylEconomic Deveknmment Dept. I have lived at this address for the last 7 years with my family. i know how difficult it is too lire on a limited income and that your developement of apartments would benefit those are fixed or limited incomes.The building of these units will not benefit the value of my home in the new future. Despite all of the upgrades that i have, will not aide me if 1 have to sell my home because Of the pending or actual devefopement of the units described in your notice.Even though our home is directly fachv the open lot in question►for developement We have had some trouble from the exislting people within the Stonegate Apartarren ts,6 102 N. Rd 68„ ranging from kids harassing our dogs and throwing rocks over the fence to hit our pets. On one Incident, we had a pasco police officer come to our door, with an assutt rifle on hand asking if we had seen anyone jumping the fences that line the back of the Stonegate appts. The backyards of those of us in the neighborhood of the arppts were checked by the police and K9 uniti know there is crime everywhere, but at what point does the safety of my famity came into this develapement. Feb 7 2012, 1 talked with the pasco police deptlpubl a records dept, and talked with an Officer Davis, 543-5740, 1 checked the recordes of all of the calls to the Stonegate Apts. for the past 3 years and compared the calls to the Chapple Crossing Apts.on S.rd 68. Mind you the calls ranged from a traffic violation to domestic abuse. in 2009 there were 380 calls to Stonegate In 2010 there were 325 calls to Stonegate In 2011 there were 354 cafis to Stonegate, in 2011 Chapple crossing had 135 calls The dev or 176 more units wit no doubt, bring about more situations requiring police involvement and potential risk to my family. Now, l ask you as well as any others on the devebpememt hoard. Would you personally like these units to be built to your neighborhood, or on the other side of your fence where you children play. Sincerly, Mathew Ceorgeon RECEIVED FEB 14 2012 COMMUNrly&s_cwjow DMIO'MEM ' * TIE PR^LUMINARY PLAT OF f FIO�TOV 1tiA V1 CA TOR VILLAS•�0.HM•�DH KK7 7u[ii+.'.i I On.«1111 I MfSl - ---`Ci—* • '^—_• _ — 9ulvie IR:.r7<P7I.16?7Y1�I rJ1'r�,v N t/2 OF SEC. 9, TAN . R 29E 1 ,k M , PRivalr,lei.a•1a n nlu s CITY OF PASCO. _I_ -L _� _ a1: uwaerwl„ FRA1vI(LIR COUNTY, WASHINGTON `C`_-_`_x__-- «..-..._3 '- - •s--}-- _a= _ nFSCRIPTION .a�R.c•� v V�_ � ` V- �"L. � •'' 1.i14/Vn nAIr K'I I l[ i •'; ' = I ' `� �._t ��r�'i,- PFi�:�Fr tiF1°� �`.S,�I�Cii'?: s � �.c� . 1 i _ �^! _ l�1 VICINITY SKETCH _ ___ LcG ND mm �°' � ' � I�IIIj 1�• I �. 'i�-. F- ( �-T; lua. ' a �i 1n1c_ 1. �����- �;,.- •+�.��^���r »� '�..��-'•/ _ ��.11 11 ,b .YibQ':+.c�waeol. •• fK y •i.N PIIJ PRELIMMARY PLAk7 FOR ( N.4 YICATOR NOTES SMU7*rON SIMM'XrNe 1 •[.ewe. ►,o3' z (:L9�175.73M ..1 �G1>733-exa illdlcn bo LLenw.•,[oh 4530 4 ! THE PRELIVINARY PLAT OF w AND USE INFORMATION NAVIGATOR VfLLAS Y a S � A- row w••nso.de7.:17] p �rwwwr0,9N.mwn11■.cl N 1/2 OF SEC 9 T9N., R29E , WM , Ior ml..1 lm 102417. 1 -ti^1=0 swlw'Of 0%-.i,j,7l.60m9 CITY OF PASCO, JMULarAR P 1 Wr11IMUIr FRAWLIN COUNTY. WASHINGTON - --- r - ---- - _ _- -- - - - �� - � aa.swal.sw41 v•— •— �•—•�•— •—. rOh.V•?I d 7ae71f SMIn.I0 k/I$ --------'--- --------°-�'----- --- t--------- ----- -•'-----�-^r"`: DESCRIPTION >a.terl.�e - �t k,:�11 I ' `1l 1 — —--—. —. ——— — —— — — — _ _ _�- w 8 I I RS 1 IS F?'_�-±-.a-�Frt i�UILi31Nr' s u ^1 � I I 11 h �,•s� ew�N sw I I , I I I 1111 ro• I I —— — —— — —— _e VICI}JIT�SKFTCFi I 4 III I I I t - -- ——— II h11 `1 I III • . � � " 11 II I I LEGEND j j ��------ --- --JZ�_'$`ol- I L -— —=— — — --_=—— — — —. =—_— ;~E F a l W ImY a I I 1 h lyll 1 � �l 6 VWUV1NARY PUT FOR ll /vj V104 TOW /NYESTif FN7'S ,STRATTON.YL:RlrBY,'NG NOTES ` & Af�PP1NC, PC M '710. '�Ir IC eiauC]nCt 11119115 f509)773-]75a "• r�Y (.f49J 773-6500 eI1pILM�rldnWti LM O L]]] 4530 THE PRELIMINARY PLAT OF I a,aln AF 1�lA t7 INFORMATION 1GA TOR VILLAS q6.04"Am.'566-ai5 17'1:NR40.05.4WEfi.KI N. 1/2 OF SEC 9, T SN, n" 29E, 'SV.,�1„ 91+'Aft71e:ARA.a W76!754 N)IWII.4@55' po,,Irwla..v.7.c5'av7sr CITY OF PASCO, aw n — ———————— — — — 64N K 63M77 S'C6.1601 IQ, ---•• _--`_...—.------__-_______ -- _•------ .:— s 1P1µ173.,s MaWE ME". .1.104 DESCRIPTION 517E '1 } Sri I 1 t1 9/Ml14 iM UCI'JITY SKETCH Tr- LED-- -- = - - - -- - - - - u 1 l LEGEND tr 1 11 1 0 1 Ns II■ 7 t r► PREI.11A V CLAI FOR j Q N.4 PIG.4TOR i hYPTSTATAITS 1af Rdf,� 1� '1, STAArrr7v StfIVEYI ,1 # .VA INC. yyPC � ISp117 h'7lM 6�Y !1071 i7f_�556 untl Vs,wpr IM 4530 Planning Commission Minutes 2/16/12 A. Preliminary Plat Navigator Villas, 47-Lots (Multi-family) f tesath Deyelopmentl IMF# PP20.12- OU 1� Chairman Cruz read the master file number and asked for comments from staff. David McDonald, City Planner, discussed the preliminary plat proposed for multi-family housing located at the SW corner of future Powerline load and Road 68. The property is permitted to be developed for multi-family housing since it is zoned as R-4 (High Density Residential). Surrounding zoning and land uses were explained and the overall plan to divide the site into 46 four-plex lots and 2 duplex lots was reviewed. The property will have access from Road 68. State law requires the City to make a determination on preliminary plats as to whether or not provisions have been made for school facilities and playgrounds. RCW 5817,110 prohibits a City from approving any preliminary plat where provisions have been made for schools. The School District has indicated that if the developer would mitigate that impact through the payment of fees or other kinds of payments that would satisfy the requirements of RCW 5817.110. The balance of the written report was reviewed for the benefit of the Planning Commission, It was pointed out that the developer would need to enter into an agreement with the Pasco School District for mitigation of school impacts. The agreement needs to be recorded prior to approval of the final plat. Commissioner Hay asked staff what the sidewalk configuration would be on Powerline load. Mr. McDonald answered that on Powerline Road the sidewalks are silent. Sandifur Parkway has curvilinear sidewalks on both sides, as it is a major arterial street. Powerline Road is envisioned to be developed with a boulevard features and could include curvilinear sidewalks to match the sidewalks on Sandifur Parkway. Commissioner Hay responded that it would be appropriate to have curvilinear sidewalks since it will be an arterial road. Commissioner Khan questioned how the increased traffic on Road 68 would be alleviated. Mr. McDonald answered that the developer will be required to finish the west half of Road 68 up to Powerline Road. In addition the developer will be required -1- to pay the traffic mitigation fee, which in this case is $435 per unit. That money will go into a fund for the City to add traffic signals and make other traffic improvements to accommodate the increases in traffic. Steve White, 3710 East Man O' War Lane, Nampa, 1D, the applicant, gave a presentation to the Planning Commission illustrating work that his company has done in the past and what the plans are for Navigator Villas. Mr. White explained that Stealth Development goes; into a project with one property manager, meaning there could be multiple owners but only one management company, creating more continuity for all of the tenants. The Homeowner's Association will maintain all of the garages, carports, and pay all of the sewer/water fees. Mr. White also reviewed his proposed phasing. Chairman Cruz asked Mr. McDonald where staff stood in regards to the phasing of the project as requested by the developer. Mr. McDonald answered that the conditions could be amended to specify the phasing. Robert Schutz, 2308 Road 44, was concerned about public safety and cleanliness in the area. He gets a lot of trash in his fence line on Powerline Road. Mr. Schutz supports the development. Chairman Cruz asked Mr. Schutz if Big R Stores was interested in his property a few years back. Mr. Schutz replied that they were and that he currently has people interested in the property but the bold-up is sewer and water. Chairman Cruz asked if the developer would mind if staff had a condition in regards to reducing the hump in the road to prevent traffic problems. Mr. White answered that his Civil Engineer, Gary hall, already has plans for balancing the site, where the hump is and the road will be widened per City requirements with sidewalk, curb and gutter to match up with the existing apartments. In regards to the litter, there will be a full-time superintendent on site to police the litter. Sewer and water will be brought all the way through the frontage of the property and to the intersection of Road 68 and Powerline Road, Commissioner Hay moved, seconded by Commissioner Kempf to close the hearing on the proposed subdivision and initiate deliberations and schedule adoption of Findings of Fact, Conclusions and a Recommendation to the City Council far the March 15, 2012 meeting. The motion parsed unanimously. -2- Planning Commission Minutes 3/15/12 A. Preliminary Plat a wtpr_Vl laz.4T-Lo„ ( ]ti-famByl l tealth Deveingmentl IMEJ U2912- 0011 Chairman Cruz read the master file number and asked for comments from staff. David McDonald, City Planner, discussed the proposed preliminary plat. A public hearing was held for this item at the February 16, 2012 meeting. Staff had no additional comments. One note was provided in the Report to Planning Commission addressing City Council action on the school impact fees because those fees were enacted after the hearing was closed, nothing could be changed in the actual report. With no questions from the Planning Commission, a motion was trade. Commissioner Levin moved, seconded by Commissioner Kempf, to adopt the Findings of Fact and Conclusions therefrom as contained in the March 15, 2012 staff report. The motion passed unanimously. Commissioner Levin moved, seconded by Commissioner Kempf, based on the Findings of Fact and Conclusions, as adopted, that the Planning Commission recommends City Council approve a preliminary plat for the Navigator Villas Subdivision with the conditions as listed in the March 15, 2012 staff report. A motion passed unanimously. -1� AGENDA REPORT FOR: City Council March 26, 2012 TO: Gary Crutchfi Manager Regular Mtg.: 4/2!2012 Rick White, Community &#economic Development Directortvi i FROM: Shane O'NeiIl, Planner I SUBJECT: SPECLAL PERMIT — Location of tract Construction in a.C-3 (General Business)-Zone(MF# SP 2012-002) I. REFERENCE(S): 1. Vicinity Map 2. Proposed Resolution 3. Report to Planning Commission 4. Planning Commission Minutes: Dated 2116112 & 3115112 II. ACTION REQUESTED OF COUNCIL 1 STAFF RECOMMENDATIONS: 412: MOTION: 1 move to approve Resolution No. , approving a Special Permit for the location of a Contractor's Facility in a C-3 (General Business) zone at 3905 East "A" Street. III. FISCAL IMPACT: NONF, IV. HISTORY AND FACTS BRIEF: A, On February 16'h, 2012 the Planning Commission held a public hearing to determine whether or not to recommend approval of a Special Permit to allow the location of an excavation contractor's facility at 3905 E. "A" Street. B. Following conduct of the February 16ih public hearing, the Planning Commission recommended the contractor's facility in question be granted a Special Permit with a number of conditions. C. The recommended conditions are contained in the attached Resolution. D. No written appeal of the Planning Commission's recommendation has been received. 8(e) TOT ad f � a Pal Ift RESOLUTION NO. A RESOLUTION ACCEPTING THE PLANNING COMMISSION'S RECOMMENDATION AND APPROVING A SPECIAL PERMIT FOR A CONTRACTOR'S FACILI'T'Y AT 3905 EAST"A" STREET WHEREAS, Steve Culbert (Culbert Construction) submitted an application for the location of an excavation contractor's facility at 3905 East "A" Street (Tax Parcels 113730142 & 113730124); and, WHEREAS, the Planning Commission held a public hearing on February 15, 2012 to review the proposed contractor's facility; and, WHEREAS, following deliberations on March 15, 2012 the Planning Commission recommended approval of a Special Permit for the contractor's facility with certain conditions; NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: L That a Special Permit is lw-reby granted to Steve Culbert lb r the location of a contractor's facility in a C-3 (General Business) District under Master File#SP2012-002 with the following conditions: a) The Special Permit shall apply to parcels 113730142 & 113730124; b) The applicant must extend a water line across the length of parcel 113730124 by April 1, 2015 or prior to the sale of parcel #113730142, whichever comes first; c) The applicant shall provide any needed easements and install the water line as required in condition #2 above in a location as determined by the City Engineer. 111e extension shall be a 12-inch line and shall connect to the existing water line in the utility easement east of the property; d) A solid masonry wall at least b feet in height as measured from the north side of the property line must be maintained along all portions of the northern property lines abutting the Tierra Vida subdivision; e) A fifteen (I5) foot wide irrigated landscape buffer containing pine trees planted at a minimum rate of one pine tree for every thirty (30) linear feet shall he located along the entire length of the wall abutting Tierra Vida subdivision. Additionally the landscape buffer shall contain shrubs equal to a rate of one shrub for every 10 feet linear feet of the buffer strip. Said landscape bufTer shall be completed by October 31,2012; f) A 10-foot wide landscape strip shall be required along the entire frontage of "A" Street (exclusive of driveways) containing a minimum of 65% live vegetation. The landscaped strip shall also contain deciduous trees spaced at 50 foot intervals. Said landscaping shall be completed by April 1, 2015; g) Fencing along "A" Street shall be relocated to the north side of the "A" Street landscaping strip. Said fencing shall be completed by Apri l 1, 2015; h) All driveway entrances shall be constructed per City of Pasco Standards and have asphalt aprons that extend a minimum of 20 feet beyond the Right-of-Way line. Driveway apron improvements shall be complete by April 1,2015; i) Heavy construction equipment (excavators, backhoes, scrapers, bulldozers, etc.) shall only be stored on Parcel # 113730124; j) Smaller pieces of equipment (trucks & trailers) may be stirred on Parcel # 113 73 0142 provided they are Iocated 50 feet or more from the north property line; k) All outdoor lighting shall be shielded from spilling onto adjacent residential properties; 1) The special permit shall be null and void if the applicant fails to complete any of the required improvements by the dates listed in the approval conditions above. Passed by the City Council of the City of Pasco this 2°'J day of April,2012. Matt Watkins, Mayer ATTEST: APPROVED AS TO FORM; Debra L. Clark,City Clerk Leland B. Kerr, City Attorney REPORT TO PLANNING COMMISSION MASTER FILE # SP 2012-002 APPLICANT: Culbert Construction NEARING DATE: 2/ 16/2012 4908 Sonora Drive ACTION DATE: 3/ 15/2012 Pasco, WA 99301 BACKGROUND REQUEST: SPECIAL PERMIT: Location of a Contractor's Facih in a C-3 {General Businessi Zone 1. PROPERTY DESCRIPTION: A portion of the southeast 1/4 of the southwest '/a of Section 27, Township 9 North, Range 29 East as identified under Franklin County Assessor parcel numbers 113730142 & 113730124 General Location: 3905 East "A" Street P 2;srV Sri: Approximately 4 acres 2. ACCESS: The site has access from "A" Street. 3. UTILITIES: All municipal utilities are currently available for extension to the site in the adjacent right-of-way and utility easement. 4. LAND USE AND ZONING: The site is zoned C-3 (General Business) and currently contains an excavation contractor's facility. The zoning and land use of the surrounding properties are as follows: NORTH: R-1 -Tierra Vida Subdivision SOUTH: I-1 -Automotive Wrecking Yard EAST: C-3 -Vacant/scale & potato shed WEST: C-3 -Vacant S. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area for Mixed Residential/Commercial uses. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Determination of Non-Significance (DNS) has been issued for this project under WAC 191-11-159. I ANALYSIS The applicant proposes to locate a contractor's facility/plant (excavation contractor) on two parcels zoned C-3 (General Business) in the 3900 block of "A" Street. The site was previously used by a trucking firm and contains a 3,200 square foot metal building with an office and shop, a small storage building and a graveled storage yard. The shop building was originally constructed in the early 1970's as a scrvicc garage. The purpose of the C-3 zone is to provide areas for more intense commercial land uses, including non-retail commercial businesses which are primarily related to vehicle rather than pedestrian traffic. Some of the permitted uses in the C-3 zone are: heavy machinery sales and service, automotive sales and service and lumber sales businesses. The applicant's proposed use is similar in nature to that of a heavy equipment sales and service facility. Although not specifically listed as a permitted use within the C-3 District, contractor facilities have long been viewed as a permitted use within. the District. There are several examples of contractor's facilities/laydown yards on properties zoned C-3. These examples include the following: Phoenix Excavating (Commercial Ave.), Huesitos Landscaping (Spokane St.), Frontier Fence (Commercial Ave.), and the WSDOT maintenance yard. These types of businesses are typically characterized by outdoor storage of construction supplies and equipment. Most of the contractor yards in the City are located on sites that are more than 300 feet from a residential district. Historically, with a few exceptions, most of the contractor's facilities located in C-3 zones have been in areas near industrial zones (Columbia East) or near other C--3 areas (Oregon Avenue Corridor). In June of 2011 the City Council amended the Zoning Code by [PMC 25.45.040(4)] adding contractor's plants within 300 feet of a residential zone to the list of permitted conditional uses in the C-3 zone; thereby requiring special permit review prior to their location. The special permit process allows the Planning ConlFnission to recommend conditions of approval that Will afford amelioration of possiblc impacts, noise or otherwise, that a contractor's facility may have on a residential neighborhood. 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 Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The site contains two parcels: 113730142 & 113730124. 2. The site is zoned C-3 (General Business). 3. The site is approximately 4 acres. 4. The vile was developed with a 3,200 square foot service garage in 1 972. 5. The site was used as a truck and equipment storage yard for many years. 6. The Tierra Vida subdivision is located directly north of the site. 7. The Tierra Vida subdivision was zoned R-I (Low-Density Residential) in 2003. 8. The Final Plat for Tierra Vida Phase 2 contains the following statement: "This plat is adjacent to property zoned C-3 (General Business) and as such lots in this plat will periodically experience impacts of noise and dust associated with Lhe operation of permitted uses such as potato/onion sheds, heavy equipment repair and similar uses." 9. The site was the location of a trucking company when the developers of the Tierra Vida subdivision applied for a residential rezone in 2003• 10. Properties to the east and west of the site arc zoned C-3. 11. A large potato warehouse with truck scale is located on the parcel to the east of the proposed site. 12. Pasco Auto Wrecking is located directly south of the site on the south side of"A" Street. 13. Pasco Auto Wrecking has been located at 3602 East "A" Street since the 1950's. 14. PMC 25.46.040(4) requires special permit review for contractor"s plants within 300 feet of any residential zone. 15. The applicant is an excavation contractor. 16. The applicant participated with the developer of the Tierra Vida subdivision in the construction of a block wall to separate the proposed contractor storage yard from residential property to the north. 17. The site is accessed directly from "A" Street. There is no connection to the site from the streets in the Tierra Vida subdivision. 3 CONCLUSIONS BASED ON STAFF FINDINGS OF FACT The Planning Commission must make Findings of Fact based upon the criteria listed in P.M.C. 25.86.060. The criteria and staff listed findings are as follows: 1. Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? Policy LU-4-A encourages the location of commercial facilities at major street intersections to avoid disruptions to residential neighborhoods. The subject site is only accessible from "A" Street and is located 1200 feet west of US Highway 12; allowing their vehicles to access Highway 12 without traveling through residentially zoned property. Policy LU-1-B encourages enhancement of the physical appearance of the community. The proposal can be conditioned to require landscaping improvements thereby enhancing the physical appearance of the area. 2. Will the proposed use adversely affect public infrastructure? All municipal utilities are currently available for extension to the site from surrounding streets. Commercial development standards require right-of-way improvements on all road frontages to bring the bordering roadways and sidewalks up to current standards. Water and sewer demands of the proposed use will be minimal. A fairly recent Local Improvement District (LID#i 1451 constructed right-of-way improvements such as curbs, gutters and sidewalks along "A" Street. 3. Will the proposed use be constructed, maintained and operated to be in harmony with the existing or intended character of the general vicinity? The proposed site is in an area of the community that has historically been characterized predominantly by industrial and heavy commercial uses. The character of the area changed somewhat in 2004 with the construction of the first phase of Tierra Vida. The character of the surrounding properties to the south and east remain as industrial or heavy commercial however the character of the property to the north has change to residential. Conditions related to buffering and landscaping will be needed to protect the residential properties to the north. 4. Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? 4 The 3,200 square foot metal building on the site is 16 feet in height which is well below the maximum structure height of 45 feet. The building is also located closer to "A" street than the back property line thereby minimizing impacts to neighboring properties to the north. The structures on the site have not discouraged the development of the Tierra Vida subdivision to the north. 5. Vtrill the operations in conncction with the proposal 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 operation of the proposed facility will create an equal or lesser degree of noise, fumes, vibration and dust as regularly permitted uses in the C-3 zone. Similar uses and contractor facilities are located in other C-3 areas of the community which do not generate complaints to the City. However the site in question is located adjacent to the Tierra Vida subdivision and therefore conditions related to buffering and landscaping will be needed to protect the residential properties to the north. 6. Will the proposed use 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 proposed use is similar in nature to uses permitted within. the C-3 District and the (1-1) Light industrial District to the south. The future site design involves limited construction. Operations of the facility will not impair or deter the development of other C-3 or 1-1 zoned properties in the vicinity nor will the operations of the proposed use become a nuisance to permitted uses in the surrounding C-3 properties. However without conditions related to buffering and landscaping the proposal may become a nuisance to the Tierra Aida subdivision. APPROVAL CONDITIONS 1. The Special Permit shall apply to parcels 113730142 113730124; 2. The applicant must extend a water line across the length of parecl 113730124 by April 1, 2015 or prior to the sale of parcel #113 730142, whichever comes first; 3. The applicant shall provide any needed easements and install the water line as required in condition #2 above in a location as determined by the City Engineer. The extension shall be a 12-inch line and shall connect to the existing water line in the utility easement east of the property; 5 4. A solid masonry wall at least 6 feet in height as measured from the north side of the property line must be maintained along all portions of the northern property lines abutting the Tierra Vida subdivision; 5. A fifteen (15) foot wide irrigated landscape buffer containing pine trees planted at a minimum rate of one pine tree for every thirty (30) linear feet shall be located along the entire length of the wall abutting Tierra Vida subdivision. Additionally the landscape buffer shall contain shn.ibs equal to a. rate of one shrub for every 10 feet linear feet of the buffer strip. Said landscape buffer shall be completed by October 31, 2012; 6. A 10-foot wide landscape strip shall be required along the entire frontage of "A" Street (exclusive of driveways) containing a minimum of 65% live vegetation. The landscaped strip shall also contain deciduous trees spaced at 50 foot intervals. Said landscaping shall be completed by April 1, 2015; 7. Fcncirig along "A" Street shall be relocated to the north side of the "A" Street landscaping strip. Said fencing shall be completed by April 1, 2015; 8. All driveway entrances shall be constructed per City of Pasco Standards and have asphalt aprons that extend a minimum of 20 feet beyond the Right-of-Way line. Driveway apron improvements shall be complete by April 1, 2015; 9. Heavy construction equipment (excavators, backhoes, scrapers, bulldozers, etc.) shall only be stored on Parcel #t 113730124; 10. Smaller pieces of equipment (trucks & trailers) may be store on Parcel # 113730142 provided they are located 50 feet or more from the north property line; 11. All outdoor lighting shall be shielded from spilling onto adjacent residential properties; 12. The special permit shall be null and void if the applicant fails to complete any of the required improvements by the dates listed in the approval conditions above. RECOMMENDATION MOTION for Findings of Fact: I move to adopt Findings of Fact and Conclusions therefrom as contained in the March 15, 2012 staff report. MOTION for Recommendation: I move based on the Findings of Fact and Conclusions therefrom the Planning Commission recommend the City Council grant a special permit to Culbert Construction for the location of a contractor's facility with conditions as contained in the March 15, 2012 staff report. 6 A • 1 yr '�_, _•-�;�+ �t , '16 t AW,, Will1 ..� v AS_L t .�.. ,t. 1 w 1 � 1 - 1 _ Land Use Turn: Contractor's Facility in C-3 Applicant: Culbert Construction N Ma p Fil .e #. SJP2012-0026W Vacant Flea Market Electrical Substation �s Heavy OMM. y ? Vacant Single Family � E p Residences _ o no eel I Vacant 1 Vacant Res. Vacant SITE Facility Vacant sT S ST Industrial Vacant Industrial a _ Vacant Industrial Zoning Item: Contractor's Facility in C-3 Map Applicant: Culbert Construction N File #: SPA'2-ad 0 19 0 0 20 C-3 (General Business) R-1 (Low Density Residential � K-3 C_1 \SIT (Medium Density Residential) (Retail Business) • s 1 I I-1 N (Light Industrial) 1 Street , 1 C R i r �° � i® vT _ �Ism y`� � .. V'• R_ _ __ _ _ _ 1_' � 9 _.. �l �� .� � � � � � ,. . +� r �� = r » ► QI � � � Looking North least `i of ww i w Look1 n North (at wept end of sites) Looking West LAAo.- � .-L��•-- _� _ _ � •.,ate . � v � , _ i left i { Looking outh F- Looking South to the Site (residential lots in foreground) A Planning Commission Minutes 2/16/2012 D. Special Pe t L2-caliou of u C2ntWtor'§ Facility in a C-3 Meneml Business Zone] Chairman Cruz read the master file number and asked for comments from staff. Shane O'Neill, Planner I, discussed the proposed special permit for the location of a contractor's facility in a C-3 (General Business) zone. Mr. O'Neill reviewed the written report and discussed access zoning and surrounding land uses. The site was the location of a trucking company when the developers of the Tierra Vida subdivision applied for residential zone in 2003. Mr. O'Neill also reviewed the recommended approval conditions for the Special Permit. Steve Culbert, 4908 Sonora Drive, agreed with the recommendations made by staff. He asked why a 15 foot landscaping buffer was being recommended when municipal code typically only requires 10 feet. Mr. McDonald answered that the municipal code only requires a 10-foot buffer, however with the special permit process the buffer could be increase and with residential lots immediately north of the fence, the additional feet would keep the equipment farther away from residential lots. Chairman Cruz added that due to the proximity to the residential units to the north, the additional distance would help. Mr. Cruz asked the applicant if that additional footage would cause a problem. Mr. Culbert responded that the additional footage for the buffer did not bother him, he just wanted clarification. Mr. Culbert would rather not have to move the fence back. It is something he wouldn't mind looking at in the future but currently he would like to hold off. Mr. McDonald stated the recommendation was to move the fence to make the landscaping visible. Chairman Cruz asked Mr. Culbert if he was alright with the proposed conditions in the staff report. Mr. Culbert answered that he was fine with the proposed conditions with time. He would like to be able to do the work in stages rather than all at once, such as the buffer, then the waterline, then the landscaping and then the fence. This moray all of the conditions could be met and it would help in terms of financing the project- Commissioner Greenaway asked if the fence could be done at a later date to assist the applicant. Mr. McDonald answered that it is something that could be looked at_ Commissioner Khan moved, seconded by Commissioner Greenaway to close the hearing; on the proposed contractor's facility and initiate deliberations and schedule adoption of Findings of Fact, Conclusions and a Recommendation to the City Council for the March 15, 2012 meeting. The motion passed unanimously. Planning Commission Minutes 3/15/2012 j&cgtion of a Contractor's Facil r in a C-3 lGeneral Business Zonel Chairman Cruz read the master file number and asked for comments from staff. Shane O'Neill, Planner 1, discussed the proposed special permit. There was a public hearing held for this item at the February 16, 2012 meeting. Since the previous meeting staff has worked with the applicant, Steve Culbert, with regards to conditions related to water lines and utility extensions as well as easements. Conditions 1 and 2 have been modified. With no questions or comments from the Planning Commission, a motion was made. This item will go to the April 2, 2012 City Council meeting. Commissioner Levin moved, seconded by Kempf, to adopt Findings of Fact and Conclusions therefrom as contained in the March 15, 2012 staff report. The motion passed unanimously. Commissioner Levin moved, seconded by Hay, based on the Findings of Fact and Conclusions therefrom the Planning Commission recommend the City Council grant a special permit to Culbert Construction for the location of a contractor's facility with conditions as contained in the March 15, 2012 staff report. The motion passed unanimously. AGENDA REPORT FOR: City Counci March 27, 2012 t TO: Gary Crutch C y Manager Regular Mtg.: 4/2/12 Rick Whit , { Community mic Development Director t FROM: David McDonald, City Planner SUBJECT: PRELIMINARY PLAT: Desert Estates III, Phase 9 Santa fie Ln. &Artesia Dr. (-W#PP 2012-0M) I. REFERENCE(S): 1. Overview and Vicinity Maps 2. Proposed Resolution 3, Preliminary Plat (Council packets only; copy available for public review in the Planning office, the Pasco Library or on the city's webpage at ktLp 11y� w, sc - 4. Report to the Planning Commission 5. Planning Commission Minutes: Dated 3/15/2012 II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 4/2: MOTION: I move to approve Resolution No. , approving the Preliminary Plat for Desert Estates III, Phase 9. III. FISCAL IMPACT: NONE, IV. HISTORY AND FACTS BRIEF: A. On March 15, 2012, the Planning Commission conducted a public hearing to develop a recommendation for the City Council on the Preliminary Plat for Desert Estates IIi, Phase 9. Desert Estates 1I1, Phase 9 is a proposed 34-lot subdivision located near the intersection of Santa Fe Lane and Artesia Drive. B. Following the conduct of a public hearing, the Planning Commission determined that with conditions related to sewer service and other infrastructure needs, the Preliminary Plat could be recommended for approval. The recommended conditions are contained in the attached resolution. C. No written appeal of the Planning Commission's recommendation has been received. 8(f) 1,. Item: Prelim. i i i 1 Ph 9 Overview a App i a , , a - - - g it Map File PP 2012-00 Vt ii.V ISBN �• � �■ �sl�fl, � _ , ,�; .,,� soli -.'`,��� ��� ��,� ♦i 1�-.� _ •' +� Ili-11 j 6_ lop � d.lilR� 7 . s ^, .� 1p �t � � ��r� '... • rte -..�.�.►�R l� ,. .:W 1 WT N AV �' � : � �• ! � ;�'" •�A �-/``1`�1` � 1•*�•�Y��'• ,! ,l•may r�-^�' t- r�� �� � ��M. � � a� � �.� ��-� - �. �II.R+, �t-•aY" .Sw. LeY4.i �` ��-. 11� � � �� Y".` 0'. n Will � ilk�. t� l• � 4' !w 'i i Item: Prelim. D Estates Ph Vicinity A, licant: Barton Laser Leveling _. Map File 2012-002 IN WN.��i ��.•••�s ��►+.�r'�la����4►�.w��i AS SO \ " NO .� •. . v!' `�-• .r tyc;• "'� _ _'«_�+�._ -.� r_ �- .u�.+_.�aat < 'mow" - RESOLUTION NO. A RESOLUTION APPROVING A PRELIMINARY PLAT FOR DESERT ESTATES 111 PHASE 9. WHEREAS, RCW 58.17 enables the City to uniformly administer the process of subdividing property for the overall welfare of the community; and, WHEREAS, owners and developers of property situated in the southeast quarter of Section 9,Township 9 Forth, Range A29 East, W.M., have requested approval of a preliminary plat; anti, WHEREAS, the Planning Commission has reviewed said preliminary Plat which is named Desert Estates Ill Phase 9; and, WHEREAS, following a public hearing, the Planning Commission found the proposed plat promoted the general welfare of the community and recommended said preliminary plat be approved with conditions; NOW THEREFORE, BE 11 RESOLVED BY TAE CITY COUNCIL OF THE CITY OF PASCO. That the preliminary plat for Desert Estates Ill Phase 9, located in the southeast quarter of Section 9, Township 9 forth, Range 29 East W.M., is hereby approved with the following conditions, 1. At the time lots are developed, all abutting roads and utilities shall bc. installed to City standards as approved by the City Engineer. This includes, but is not limited to water and seiner lines. streets, street lights and storm water retention. The handicapped accessible pedestrian ramps must be completed with the street and curb improvements prier to final Plat approval. All proposed utilities must be installed underground by the developer at the developer's expense. 2. The developer shall install a properly designed irrigation system with stubs to all lots in the subdivision for future irrigation needs. All easements/rights of way necessary to convey an irrigation system to and through the proposed plat must be conveyed to the City of Pasco. The irrigation lines shall run in easements/rights of way as directed by the City Engineer. 3. The developer/huilder shall }gay the City a "common area maintenance fee" of$465 per lot apou issuance of building permits for homes. These funds shall he placed in a fitnd anti used to finance the maintenance of arterial boulevard strips. 4. The developer/builder shall pay the "traffic impact fee" established by ordinance at the time of issuance of building permits for homes. Fees collected shall be placed in a fund and used to finance signalixation and ether improvements necessary to mitigate traffic impacts on the circulation system within the 1-182 corridor. 5, The developerlbuilder shall mitigate impacts to the Public School System by the "school impact fee"established by Ordinance at the time of issuance of building permits for homes. 6. No utility vaults, pW- estals, or other obstructions will be allowed at street intersections. 7. All storm water is to be disposed of per City and State codes and requirements. I 8. The developer shall insure active and ongoing dust, weed and litter abatement activities occur during the construction of the subdivision and construction of dwellings thereon. 9. The developer shall prepare a dust, weed and erosion control plan to be approved by the City prior to approval of any construction drawings for the first phase of the subdivision. 10. The developer shall be responsible for the creation of record drawings. All record drawings shall be created in accordance with the requirements detailed in the Record Drawing Requirements and Procedure form provided by the Engineering Division. This form shall he :signed by the developer prior to construction plan approval. 11. All engineering designs for infrastructure and Final Plat drawings shall utilize the published City of Pasco Vertical Control Datum and shall be identified on each such submittal. 12. The Final Plat shall contain a I0-foot utility easement parallel to all streets. 13. The Final Plat shall contain the following Franklin County Public Utility District 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 ncWrcla.ucc. with PUD spccilications; 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". 14. The Final flat shall contain the following airport statement: "Ihis plat is located adjacent to the Tri-Citics Airport and as such will be subject to a variety of aviation activities such as airport noise, vibrations, odors, low overhead flights and other conditions related to the operation of the airport". 15. Street lighting must be installed to the City of Pasco Franklin County PiJD standards and as directed by the City Engincur. Residential street lights are typically installed evcry 300 feet, and collector/arterial type street lights are typically installed every 150 feet. Street light positioning is alternating and is measured along the centerline of the road 16. prior to the City of Pasco accepting construction plans for review the developer must enter into a Storm Water Maintenance Agreement with the City. The developer will be responsible for obtaining the signatures of all parties required on the agreement and to have the agreement recorded with the Franklin County Auditor. The original signed and recorded copy of the agreement must be presented to the City of Pasco at the intake meeting for construction plans. 17. The developer will be required to condone to all conditions set forth in the Storm Water Maintenance Agreement including, but not limited ter, regular cleaning and maintenance of all streets, gutters, catch basins and catch basin protection systems, Cleaning shall occur on a regular basis to ensure that no excess buildup of sand, trash, grass clippings, weeds or other debris occurs in any portion of the streets,gutters, or.etorm water collection facilities. Cleaning and upkeep of the streets, gutters, and storm water collection facilities must be to the satisfaction of the City Engineer. The developer will be responsible for operating and maintaining the storm drain system in accordance with the Storm Water Maintenance Agreement for a period of up to five years from the date of Final Plat approval depending on the build out schedule lbr homes on the lots. 18. The developer will he required to comply with the City of Pasco Civil Plan Review process. 2 Passed by the City Council of the City of Pasco this 2°d day of April, 2012. Matt Watkins,Mayor AT Y ST: APPROVED AS TO FORM: Debra L. Clark, CMC Leland B. Kerr, City Attorney City Clerk 3 J I 2 s 4 5 6 s a 10 A DESERT E.STATE.S III 1, , A PRELIMINARY PLA T -- FHA SE 9 Lo"=lw TFYS Xur 94W TWAI37MP s fYafaW 1a4W pv LOT, WJY. nnsnl• VICINTT MAP a •'imlfL� - ,cw,. 8 viu, laJ n MIN .ice,1 1!]►!tl 17.►6�d - 1i,7I.rl 17,FT•1+I IiFN N 1117/II c to _ a —-�— -—-—-—_—-—-— - -- _ -__- • .1, i0A0!d - flA" LARR LE%MJNO. IN O, ► C PO BOx A. A ..'- ---�--- -- - -—rron 7elc—-—- PLbI A4YJ i SiNFR WMN� 972!,76 o_ e_ i i ,.w d 11I a.s. a ws.o. arr o 1w1a r I lens►. - EEiSdIM, a.1y10. ldlm,I lnim v Miao r laasl r I I uou n n ` '► 9 Q '► s '► +' r 1 i lao TETRA TECH,INC. I 1 I x Ix• I I�_ MM MEYM SAA NM P.E. ►I I_r l R nl +M ►r w i I 400 WLUMBU POINT DF1M SUITE J01 6; ' IOA17♦ I ' i I 1 R* A}10, WA 9955E Q D � IZ�M ��� / i easi. s b A r► i I1 � 503-942-8044 TOTAL SITE AREA. 11.79 AO � TOTAL W.OF LaMi 35 i WN LOT AREA: 10,012 SF ¢ I +`� , o / i wsae u y►uyl eI I W%LOT AREA' 1344 SF 1L AYC LOT AREA: 11.335 SP 6 / •� T----� 1 R*HT OF WAY AREA; 2.69 AC E `J r ��l Ir �''r,• /!'/I _-~~/ j I i ZONNC OSICNATION! R-1 i • r' t'A /' /l/ ! 1 + A 10' UTLITY FJSEMEM IS REWREO ADMCENT TO ALL en # Y PSAW SYG'Er i r PUBUC ROAD RIGHTS OF WAY, F i f /ti ---!M!!IY- ` ' S I � W s H G Nrrlr ees L ® G Sere IN rts+ f 1 2 3 4 5 6 7 8 9 I 10 REPORT TO PLANNING COMMISSION MASTER FILE NO: PP 2012-002 APPLICANT: Barton Laser Leveling HEARING DATE: 3/ 15/2012 PO Box 4 ACTION DATE: 3/ 15/2012 Hermiston, OR 97838 BACKGROUND REQUEST: Preliminary Plat: Desert Estates 1II, Phase 9 1. PROPERTY DESCRIPTION: Legal: The southeast 'A of the southeast '/4 of Section 11, Township 9 North, Range 29 East, WM, less Phases 7 and S Desert Estates III Coneral Location: Easterly of the intersection of Santa Fe Lane and Artesia Drive P_ rgu. F ge, 11.79 Acres Fdu3rlir vl L+ ts Provsgg,, 34 lots S2uare Foota' a RgnZe of ts: 10,012 ft2 to 13,958 ft2 r e Lot_ Square Footage: 11,333 ft2 2. ACCESS: The property has access from Santa Fe Lane and the existing streets in Phases 7 and 8 Desert Estates II1. 3. UTILITIES: Utilities currently exist in the subdivision directly to the south of the site. 4. LAND USE AND ZONING: The site is zoned R-S-1 (Suburban Residential). Surrounding properties are zoned and developed as follows: NORTH: R-T- Vacant Airport Property SOUTH: R-S-1 - Single Family Residences EAST: I-1 W Tri-Cities Airport WEST R-S-1 - Single Family Residences 5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for low-density residential development. According to the Comprehensive Plan low density residential means 2 to 5 dwelling units per acre. The criteria for allocation under the future land use section of Volume II of the Comprehensive Plan )Vol, 11, page 17) encourages development of lands designated for residential uses when or where; sewer is available, land is suitable for home sites, and when there is a market demand. Policy H-1-E encourages the advancement of home ownership and Goal H-2 suggests the City strive to maintain a variety of housing options for residents of the community. Goal LU-2 encourages I the maintenance of established neighborhoods and the creation of new neighborhoods that are safe and enjoyable places to live. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, comments received from the Pasco School District, and other information, the City has issued a Mitigated Determination of Non-Significance (MDNS) for this project under WAC 197-11-158. On March 5, 2012 the City Council adopted Ordinance # 4046 establishing a School Impact Fee. The imposition of this fee, which goes into effect on April 16, 2012, will provide the mitigation necessary to address the School District's concern about unmitigated impacts to school facilities. ANALYSIS The site was originally part of the Desert Estates III subdivision that received preliminary plat approval in the early 2000's. The original Desert Estates III preliminary plat contained nine phases. The first eight phases have been completed. The original preliminary plat approval has expired. The applicant is seeking to renew preliminary plat approval to allow completion of the final phase of the development. The current application consists of one phase that will provide for the completion of the street network in the neighborhood and the looping of the utility system. LOT LAYOUT: The proposed plat contains 34 lots; with the lots varying in size from 10,012 square feet to 13,958 square feet. RIGHTS-OF-WAY: All lots have adequate frontage on streets that will be dedicated. UTILITIES: The developer will be responsible for extending utilities into the plat. A utility easement will be needed along the first 10 of street frontage of all lots. The final location and width of the easements will be determined during the engineering design phase. The front yard setbacks for construction purposes are larger than the requested easements; therefore the front yard easements will not encroach upon the buildable portions of the lots. The City Engineer will determine the specific placement of fire hydrants and streetlights when construction plans are submitted. As a general rule, fire hydrants are located at street intersections and with a maximum interval of 300 feet between hydrants on the same side of the street. Streetlights are located at street intersections, with a maximum interval of 300 feet on residential streets, and with a maximum interval of 150 feet on arterial streets. 2 The intervals for street light placements are measure along the centerline of the road. Street lights are place on alternating sides of the street. STREET NAMES: All streets within the proposed plat are a continuation of existing streets. All street names have been previously established. IRRIGATION: The municipal code requires the installation of irrigation lines as a part of infrastructure improvements. WATER RIGHTS: Water rights for this area have been previously ,assigned to the City. FINDINGS OF FACT State law (RCW 58.17,010) and the Pasco Municipal Code require the Planning Commission to develop Findings of Fact as to how this proposed subdivision will protect and enhance the health, safety and general welfare of the community. The following is a listing of proposed "Finding; of Fact": Prevent Overcrowding: With an average lot size of 11,33 square the proposed development will address the overcrowding concern by providing manageable lots and usable open spaces. R-1-S zoning requires a 20 foot front yard setback and no more than 40 percent lot coverage which also addresses the overcrowding issue. Parks Opens Space/Schools: City parrs are located in Columbia Place and in the Casa del Sol subdivision to the west of the site. The proposed subdivision will be served by James McGee Elementary School, McLoughlin Middle School and Pasco High School. The Preliminary Plat was submitted to the School District for review. The School District has indicated (see attached letter dated February 28, 2012) they do not have capacity at McGee or McLoughlin to serve the additional enrollment expected from the proposed subdivision. The table below illustrates the School Districts capacity constraints. The City is required by RCW 58.17.110 to make a finding that adequate provisions are being made to ameliorate the impacts of the proposed subdivision on the School District. The proposed Plat cannot be recommended for approval unless the Planning Commission finds adequate provisions have been made for the schools. The School District has requested the impacts be mitigated. The District's request was made prior to the adoption of Ordinance # 4046. Ordinance # 4046 was adopted in response to a request from the School District that a school impact fee be established to assist with the amelioration of residential development impacts on the School District. Per the Schools District's letter of February 28th the imposition of impact fees addresses the requirement to ensure there are adequate provisions for schools. 3 SCHOOL CAPACITY OCTOBER 2011 ENROLLMENT McGee Elementary 650 877 McLoughlin 1,200 1,564 Middle School Effective Land Use/Orderly Development: The plat is laid out for low density residential development as identified in the Comprehensive Plan. The maximum density permitted under the Comprehensive Plan is 5 dwelling units per acre. The proposed development with about 3 dwelling units per acre is an orderly continuation of the existing residential subdivisions to the north and east. Safe Travel & Walking Conditions: The Plat will connect to the community through the existing network of streets. Sidewalks are installed at the time homes are built on individual lots. The sidewalk will be constructed to current City standards and to the standards of the Amercians with Disabilities Act (ADA). Adequate Provision of Municipal Services: All lots within the Plat will be provided with water, sewer and other utilities. Provision of Housing for State Residents: The proposed Preliminary Plat contains 34 building lots, providing opportunities for the construction of 34 new homes for Pasco residents. Adequate Air and Light: The maximum lot coverage limitations and building setbacks will assure that adequate movement of air and light is available to each lot. Proper Access & Travel: The access atreets through the plat will be. paved and developed to City standards to assure that proper access is maintained to each lot. Connections to the community will be provided by Santa Fe Lane and the streets located to the south in Phases 7 and 8. The preliminary plat was submitted to the Transit Authority for review. (The discussion under safe travel above applies to this section also.) Comprehensive Plan Policies & Maps: The Comprehensive Plan designates the Plat site for low-density residential development. Policies of the Comprehensive Plan suggest the City strive to maintain a variety of housing for residents. 4 other Findings: • The site is within the Pasco Urban Growth Boundary. • The Statc Growth Management Act requires urban growth and urban densities to occur within the Urban Growth Boundaries. • The Comprehensive Plan identifies the site for low-density residential development. • The site was Toned R-S-I in the early 2000's. • The proposed plat was previously part of the Desert Estates III development that received preliminary plat approval in the early 2000's. • The first eight phases of Desert Estates III have been constructed and homes are located on most of the lots. Phase Eight is the only phase to still have some vacant lots. • The Housing Element of the Comprehensive Plan encourages the development of a variety of residential densities and housing types. • The Transportation Elernent of the Comprehensive Plan encourages the interconnection of neighborhood streets to provide for the disbursement of traffic.. • The School District has purchased sites for future schools at the northwest corner of Road 60 and Sandifur Parkway (elementary school) and at the end of Road 52 (middle school). • The last bond measure to fund construction of the Road 60 and Road 52 schools failed. • The School District has provided data indicating Pasco Schools lack the capacity to accommodate additional students. • The School District by letter dated February 28, 2012 requested the impact. to the School District created by the proposed plat be mitigated. • RCW 58.17.110 requires the City to make a finding that adequate provisions have been made for schools before any preliminary plat is approved. • The School District indicated by letter dated February 28, 2012 that litigation fees address the requirement to ensure adequate provisions are made for schools. • The City of Pasco has adopters a school impact fee ordinance compelling new housing developments to provide the School District with mitigation fees. The fee is effective April 16, 2012. • The Tri-City Airport is located to the east of the site. The proposed plat is outside of any airport impact area that would restrict densities of the height of residential dwellings. S CONCLUSIONS BASED ON THE FINDINGS OF FACT Before recommending approval or denial of the proposed Plat the Planning Commission must develop Findings of Fact from which to draw its conclusion (P.M.C. 26.24.070) therefrom as to whether or not: (1) Adequate provisions are inade for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other puhlir, 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 Plat will be required to develop under the standards of the Municipal Code and the standard specifications of the City Engineering Division. These standards for streets, sidewalks, and other infrastructure improvements were designed to ensure the public health, safety and general welfare of the community are secured. These standards include provisions for streets, drainage, water and sewer service and the provision for dedication of right-of-way. The Preliminary Plat was forwarded to the Franklin County PUD, the Pasco School District and Ben-Franklin Transit Authority for review and comment. The School District indicated that there are capacity constraints at James McGee Elementary and McLoughlin Middle School. The School District has also indicated that the imposition of school impact fees would address the requirement to ensure there are adequate provisions for schools. The City Council adopted a "school impact fee" on March 5, 2012 becoming cficctive on April 16, 2012. City parks are located adjacent to McGee Elementary School and in the Casa del Sol subdivision to the west of the site. New developments participate in establishing parks through the payment of park fees at the time of permitting. (2) The proposed subdivision contributes to the orderly development and land use patterns in the area; The proposed Plat makes efficient use of vacant land and will provide for additional housing following the designation of the Comprehensive Plan and the established zoning. The proposed will also provide for the looping of utilities and interconnectivity of streets as supported in the Comprehensive Plan. (3) The proposed subdivision conforms to the policies, maps and narrative text of the Comprehensive Plan; The Comprehensive Plan land use map designates the site for low density Vesidential development. Low density development is described as 2 to 5 single- 6 family units per acre in the Comprehensive Plan. The policies of the plan encourage the advancement of home ownership (H-3-B). Plan Goal 14-2 suggests the City strive to maintain a variety of housing options for residents of the community while Plan Policy 14-1-B supports the protection and enhancement of the established character of viable residential neighborhoods. (4) The proposed subdivision conforms to the general purposes of any applicable policies or plans which have been adopted by the City Council; Development plans and policies have been adopted by the City Council in the form of the Comprehensive Plan. The proposed subdivision conforms to the policies, neaps and narrative text of the Plan as noted in number three above. (a) The proposed subdivision conforms to the general purposes of the subdivision regulations. The general purposes of the subdivision regulations have been enumerated and discussed in the stuff analysis and Findings of Fact. The Findings of Fact indicate the subdivision is in conformance with the general purposes of the subdivision regulations provided certain mitigation measures are provided for (i.e. school impact mitigation). (b) The public use and interest will be served by approval of the proposed subdivision. The proposed Plat, if approved, will he developed in accordance with all City standards designed to insure the health, safety and general welfare of the community are met. The Comprehensive Plan will be implemented through development of this Plat. These factors will insure the public use and interest are served. PLAT PROVAL CONDITIONS 1. At the time lots are developed, all abutting roads and utilities shall be installed to City standards as approved by the City Engineer. This includes, but is not limited to wager and sewer lines, streets, street lights and storm water retention. The handicapped accessible pedestrian ramps must be completed with the street and curb improvements prior to final Plat approval. All proposed utilities must be installed underground by the developer at the developer's expense. 2. The developer shall install a properly designed irrigation system with stubti to all lots in the subdivision for future irrigation needs. All easenientsjrightts of way necessary to convey an irrigation system to and through the proposed plat must be conveyed to the City of Pasta. The irrigation lines shall run in easements/rights of way as directed by the City Engineer. 3. The developer/builder shall pay the City a "common area maintenance fee" of $465 per lot upon issuance of building permits for homes. These funds shall be placed in a fund and used to finance the maintenance of arterial boulevard strips. 4. The developer/builder shall pay the "traffic impact fee" established by ordinance at the time of issuance of building, perruits for homes. Fees collected shall be placed in a fund and used to finance signalization and other improvements necessary to mitigate traffic impacts on the circulation system within the 1-182 corridor. 5. The developer/builder shall mitigate impacts to the Public School System by the "school impact fee" established by Ordinance at the time of issuance of building permits for homes. 6. No utility vaults, pedestals, or other obstructions will be allowed at street intersections. 7. All storm water is to be disposed of per City and State codes and requirements. 8. The developer shall insure active and ongoing dust, weed and litter abatement activities occur during the construction of the subdivision and coin stniction of dwellings thereon. 9. The developer shall prepare a dust, weed and erosion control plan to be approved by the City prior to approval of any construction drawings for the first phase of the subdivision. 10. The developer shall be responsible for the creation of record drawings. All record drawings shall be created in accordance with the requirements detailed in the Record Drawing Requirements and Procedure form provided by the Engineering Division. This form shall be signed by the developer prior to construction plan approval. 11. All engineering designs for infrastructure and Final Plat drawings shall utilize the published City of Pasco Vertical Control Datum and shall be identified on each such submittal. 12. The Final Plat shall nontain a 10-foot utility easement parallel to all streets. 13. The Final Plat shall contain the following Franklin County Public Utility District 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". R 14. The Final Plat shall contain the following airport statement: "This plat is located adjacent to the Tri-Cities Airport and as such will be subject to a variety of aviation ac:tivitics such as airport noise, vibrations, odors, low overhead flights and other conditions related to the operation of the airport". 15. Street lighting must be installed to the City of Pasco/Franklin County PUD standards and as directed by the City Engineer. Residential street fights are typically installed every 300 feet, and collector/arterial type street lights are typically installed every 150 feet. Street light positioning is alternating and is measured along the centerline of the road. 16. Prior to the City of Pasco accepting construction plans for review the developer must enter into a Storm Water Maintenance Agreement with the City. The developer will he responsible for obtaining the signatures of all parties required on the agreement and to have the agreement recorded with the Franklin County Auditor. The original signed and recorded copy of the agreement must be presented to the City of Pasco at the intake meeting for construction plans. 17. The developer will be required to conform to all conditions set forth in the Storm Water Maintenance Agreement including, hut. not. limited to, regular cleaning and maintenance of all streets, gutters, catch basins and catch basin protection systems. Cleaning shall occur on a regular basis to ensure that no excess buildup of sand, trash, grass clippings, weeds or other debris occurs in any portion of the streets, gutters, or storm water collection facilities. Cleaning and upkeep of the streets, gutters, and storm water collection facilities must be to the satisfaction of the City Engineer. The developer will be responsible for operating and maintaining the storm drain system in accordance with the Storm Water Maintenance Agreement for a period of up to five years from the date of Final Plat approval depending on the build out schedule for homes on The. lots. 18. The developer will be required to comply with the City of Pasco Civil Plan Review process. PXCQMMENDATION The City Engineering Division accepted the civil construction drawings for Desert Estates 111, Phase 9 in early February and began the necessary plan review. The plan review was underway before its expiration was noted. With the acceptance of the construction drawings, the applicant. (Barton Laser Leveling) had the expectation of receiving authorization to proceed with construction of the subdivision following Plan review. The andelpated completion of the subdivision improvements was June of this year. Staff is 9 recommending the Planning Commission hold the hearing and completed the deliberations process in one meeting. MOTION: I move to adopt Findings of Fact and Conclusions therefrom as contained in the March 15, 2012 staff report. MOTION: I move based on the Findings of Fact and Conclusions, as adopted, the Planning Commission recommend the City Council approve the Preliminary Plat of Desert Estates III, Phase 9 with conditions as listed in the March 15, 2012 staff report. 10 iI Item: Prelim. D Estates Ph , � Via nity Applicant-, Barton Laser Leveling Map I e PP 2012-002 zn OXON IS v . � � � � � �w•,sr.�w..r�i�r ���'4M.r►�JUr,�.��.'4'r.'i'�M`�` • �`�,. !~ �� ,,,;• _:+}.: ��� ��7�.t��.:v.. •` i4a���r ..Y 'tip._y t� ` `�� 3 i x , - � 0 � timr Item: Prelim. Desert Estates HI Ph 9 Land Use Applicant: Barton Laser Levelfing N , Map I e 2 2- 2 IN I R.1, mw Item , Prelim. Desert Estates 1H Ph 9 Zonin Map - d ......,File 2 2- 14 MON &NEM i _J f 2 : a DESERT ESTATES III PRELIMINARY PLAT - PHASE 9 WCAAW W Bair L'A"ma&p Or.4>vnvN m aff ar MOM sr&Mr COMM IrArav I1' t rI^ s rr v t I ' e YidIpT1 YAP r I �n Yr Ye oe er x >w v N.T.E. •,', 17.1+7 u tam r l7�re r Izrn r ,7.OM17/ 1em r U."r wm4 r MAP*r It 04 w lisle r ...•'"• 147 --- N 1 laem r 9+V1fON LA51EP LE1'EL916,INC, C -—___.` —— — - ImIT ——-- P k— I 4 �" I �, OR rAm 1 3 i � 141»r WIN r H.,»./ 1q In 10,Wa■ I ttm 6 - Lr = It Ir - rr r ,oc TIM ncH, W- t •r ae 1r I o re ar W t r ,. I A17*aw 61MV, P,E sm a> r11e 114 I i I j r i 400 301 A POINT WINE 0 / S I +rrlr s l I 4 I RICM MP.OK 99533 Q 509-M-8042 O $$ - f rl j ! Sn Ada oan h rrr r , rte' ! ' r'-'-- ~� S I � � 1-- � TIOTIL SIfE AAEA: 11.70 AC � r • • 'h r' tttw r ,rwe!« I r I 1 r r r r I TOTAL T A OF t10,0 Jb 41 e - ,-!- I f YIN LOT AREA• f 3.23 SF y. i lass r i 1.11er«a 1 YUS LOT AREIU 13.23a SF d n .1 ry " i f AYG LOT ARE k 11.733 5F E " 7 "", +r----} FJOH7 Or MAY ARE&, 2,89 AC f r f Q R—Y _ A W L.rt1 M E'ASCWEKT IS / 1 FMIWED ACO,�TO ALL �� MAN AXW i I i f PLUX PAO�fi�l' S OF WAY. ! ' I I — , � 11 � 1 _ I -- .-. � Puw 4 R.LI M e17R 1 � 1 2 3 4 s 6 7 6 9 10 Looking North pop a - • '�N ��R;, ' 'ice ia� - i �- ._ ,• a � � t♦ 1 �i L k*0.0 tig East •,�- �t t{�.. ter- ... � � ... - - .r��t+, ��_ ` '- _ � �'n�_ -- _ r t std—' t, A i• — .r .-� _ ,f_ _w,...` .r �A'v� — '� �rS Ai Wmdm A-. - •��.��S "` �F'wA,.•"1a .,i — -� .-r• �t • � ^+ r— � ��••— ,rte •~; r no s 2UT3100i 1 - • Looking West jvll� A H - • F ,1 AP t • � Y `• �\� • _ _ � ' i _ �` _ � � r �'��. #\� µ; .ms �� i 1 »,_• -, , - _ � r .any Planning Commission Minutes 3/15/12 F. Preliminary Plat Desert Fpta_tea Ill, Phase 9,, 34-Lots Barton Laser Leve FO PP2012-Q01 Chairman Cruz read the master file number and asked for comments from staff. David McDonald, City Planner, explained the proposed preliminary was originally part of the Desert Estates III Subdivision which was approved about 11 years ago. under state law preliminary plat approvals are only applicable for seven years. It was further explained Desert Estates 111, Phase 9 was located east of Santa Fe Lane and northerly of Burden Boulevard. The property is zoned R-S-1 requiring minimum lot sizes of 10,000 square feet. The plat is laid out with 34 lots with an average lot size of 11,333 ft2. Utilities will be extended and looped to Santa Fe to provide redundancy in the system. Schools and parks have been addressed, including the school impact fee for the schools. The developer had recently submitted their construction plans to the Engineering Division for approval of the water/sewer and street design. The plan review process was underway when the Planning Division became aware that an expired plat was being reviewed. As a result of the confusion over the plan review, Staff recommended this be reviewed in one meeting. Jeffrey Smith, SE Sth, Pendleton, OR, 97801 spoke on behalf of Barton Laser Leveling. With the scheduling issue, they would like to get that alleviated so they can continue their project and loop the utilities. He said that there have been no design changes since it was originally approved. Dan Owen, 3811 Antigua Drive, felt there was a problem with sand and dust issues. He feels there needs to be a retaining wall to stop the sand issues since there are steep hills. Mr. McDonald stated there will be slope protection easements required due to the steep grade once the building permits are obtained. The builders will have to maintain the proper slope or build a retaining wall. Chairman Cruz stated that much of this is the Engineering Department that has to do their part and deal with the slope requirements. Walt Crayne, 4004 Segovia Drive, was concerned about traffic in the area and doesn't feel much planning was done. He thinks the City needs to start thinking about street access and to stop building until there is more adequate access. Mr. McDonald explained the Comprehensive Plan laid out the backbone of major arterial streets to connect neighborhoods and funnel the traffic out to major points to take traffic to the highways. The bottleneck occurs because the State put in only two connections to the freeway system. The Public Works Department is working with the State to develop solutions but a lot depends on what the State will allow the City to do. Mr. McDonald encouraged people to contact the Public Works Department to see what is being planned to help address traffic issues. John Sawyer, 4103 Segovia Drive, voiced his concern over the access to this development, which is only through Santa Fe. There are a few other ways to get into the development but those ways are not easily accessible. Brett Butcher, 3911 Mariola Court, was concerned about dust blowing into neighbors yards and onto their property. He has had issues with dust already. Walt Crayne, 4004 Segovia Drive, spoke again about his concern for traffic at Burden and Road 68. Commissioner Khan responded to Mr. Crane that she understands what he is experiencing in regards to traffic since she has to drive through the area. Following three calls for additional testimony the Chairman closed the public. hearing. Commissioner Khan stated that she remembered at a previous hearing there was discussion of dust control, which is one of the concerns surrounding; neighbors have of this development. Dust and debris needs to be controlled in some fashion while the development is occurring. Mr. McDonald responded that the construction drawings contain dust and litter control requirements. Code Enforcement can even hire water trucks, as has been done in the past, to water construction sites where the developer has failed to do so. Mr. White stated one of the plat conditions states the developer must control dust. This City has a water truck on retainer. The rnininium fee for that tuck is roughly $800 plus another $400 per hour and is a lien against the property if not paid which affects any sale of the property in the future. There is a 24-hour phone number for citizens to call in case of dust. Commissioner Greenaway moved, seconded by Commissioner Khan, to adopt Findings of Fact and Conclusions therefrom as contained in the March 15, 2012 staff report. The motion passed unanimously. Commissioner Greenaway moved, seconded by Commissioner Khan, based on the Findings of Fact and Conclusions, as adopted, the Planning Commission recommend the City Council approve the Preliminary Plat of Desert Estates III, Phase 9 with conditions as listed in the March 15, 2012 staff report. The motion passed unanimously. AGENDA REPORT FOR: City Council March 27, 2012 T07 Gary Crutchfi . Manager Regular Mtg.: 412/12 Rick White, , Community & Elvonomic Development Director FROM: David I. McDonald, City Planner SUBJECT: STREET VACATM —N. 2011-008) I. REFERENCE(S): 1, Overview Map 2. Vicinity Map 3. Proposed Resolution 4. Vacation Petition IL ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 4/2: MOTION: I move to approve Resolution No. , setting 7:00 P.M., Monday, May 7, 2012, as the time and date to conduct a public hearing to consider vacating portions of East Lewis Place. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The new owners of Bradley Auto Wrecking have petitioned for the vacation of the south 40 Feet of East Lewis Place fronting the wrecking yard. The current right-of way fronting the wrecking yard is 100 to about 104 feet in width depending on the location. The property owners plan to make improvements to the wrecking yard along East Lewis Place. B. When the petition originally was submitted the width of the right-of-way proposed for vacation raised a number of questions. There is no consistent width for the right-of-way on East Lewis Place. The right-of-way ranges from 60 feet to over 200 feet in width depending on the location along the street. Typically local access streets are 60 feet in width and arterials are generally 80 feet in width. Because the right-of-way varies so drastically on East Lewis Place it may be more appropriate to address more than just the issue of vacating only that portion of the right-of-way fronting on the wrecking yard property. C. Street vacations can be initiated by property owner petition or by a resolution of the City Council. in this ease, staff is recommending Council initiate the vacation of excess East Lewis Place right-of-way. The earliest regular City Council meeting available for a public hearing, which provides the statutory 20-day hearing notice, is May 7, 2012. 8(g) Item: ROW Over"*ew Vacation Applicant: Ramir! ♦ Imia Mendoza Map File VAC 2011 -008 11111out. IWA qr �r{ftZ' � ��lrfi:fr� �i� .r .X11'K •Fi.x �_° �f„�' ' _ •�' �,.e i1• � �1It� � � � � ������ / � _sue •_�•q .�� / �e Jiw AS , lit Pass We Q40 4 - - ij f 1 4 Lek ; AM 4 dM "all Awl if vici*nity Item: ROW Vacation E. Lewis Street map Applicant: Ramiro & In-na Mendoza File #f: VAC 2011 -008 Alf Aj a, M � i 1• 10 'tti Fi4sr L. is puAc _�_ NN'S In SITE }_ .�r'�~,+i �.+,* +=„tam_ lei t �'A'K'�i' f�'C'�►w `r� .s � �.::_ �\ •�►i IT •y v �' --4ii 'tom •'�'�� RESOLUTION NO. A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF EXCESS EAST LEWIS PLACE RIGHT-OF-WAY. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of--way: and WHEREAS, R.C.W. 35.79 requires public hearings on vacations to be fixed by Resolution, NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, That a public hearing to consider vacating 5 feet of excess right-cif-way adjacent to Parcel #113874198, 14 feet of excess right-of-way adjacent to Parcel ##113870080 and 44 feet of excess right-of-way adjacent to Parcel #s 113870223, 113870223, 113870170. 113874232, 113874418, 113734471, 113734499, 113734044, 113734197, 113734053, 113720437, 113720064, will be held before the City Council of the City of Pasco in the Council Chambers at 525 Iv, Third Avenue, Pasco, Washington, at the hour of 7:00 p.m., on May 7, 2012. That the City Clerk of the City of Pasco give notice of said public hearing as required by law. Passed by the City Council of the City of Pasco this 2"°day of April, 2412. Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra L, Clark, CMC Leland B. Kerr City Clerk City Attorney FEE $200 Bill" CITY OF PASCO STREET/ALLEY VACA'T`ION PE'T`ITION MASTER FILE #Vk2cd(-00er DATE SUBMITTED: k' 2-7/1, 1, we the undersigned, owners of two-thirds of the privately owned abutting property hereby petition the City Council of the City of Pasco to vacate the following described street/alley rights-of-way: -ntic- Sav70 L10' ,4nJ.acGr--7 X13 -Io2z t134>f100l$ � 2gc� A 6 . LCtalS 3 APPLICANT: PROPERTY OWNED (Legal Description) Print Name: Sign Name'. i�3rG-1a23� Address: r k�lb-7 oa 1 Phone # D ate +} j a Pasco L') Print Name: Sign Name: Date Print Name: Sign Name: Date AGENDA REPORT FOR: City Couno�l n, March 22, 2012 TO: Gary Crutc fiel' , anager Workshop Mtg.: 3/26/12 Regular Mtg.: 4/2/12 FROM: Ahmad Qayoume, u �c Works Director SUBJECT: Transmission Waterline— Court Street to Broadmoor Boulevard 1. REFERENCE(S): 1. Amended Professional Senices Agreement with Scope of Work II. ACTION REQUESTED OF COUNCIL 1 STAFF RECOMMENDATIONS-. 3126: Discussion 4102: MOTION: I move to approve the Amended Professional Services Agreement with Murray, Smith and Associates, Inc. for the Columbia Water Supply— Raw Water Intake, Irrigation Pipeline and Transmission Waterline, not to exceed $631,114.00 and, further, authorize the Mayor to sign the agreement" 111. FISCAL IMPACT: Waterline transmission line by Water Funds; Irrigation and Raw Water intake Design paid by Ecology grant. IV. HISTORY AND FACTS BRIEF: A) The City Council approved the professional services for the design of the new Raw Water Intake and a new 16-inch irrigation line on December 19, 2011 in the amount of $6119,814.00. B) The Water Master Plan outlines the City's water needs and capital improvements until year 2015. The plan includes a new 20-inch transmission line from Court Street to Broadmoor pump station along I-]82, Harris Road and Broadmoor Blvd. V. DISCUSSION: A) The consultant has completed 30% of the design. As a result of the design, it is clear that the City will need to acquire an additional utility easement parallel to the existing easement along M 82 and Harris Road because the existing utility easement width is not sufficient to accommodate installation of the new irrigation line. B) The proposed 20-inch potable transmission water line was planned For 2015. However, the proposed transmission waterline should be constructed at the same time as the irrigation line, as there will be a number of potential cost savings: a. If the transmission line is constructed separately, there needs to be at least 7 feet separation from the proposed 16-inch irrigation line. However, if they are constructed together, only 2 to 2.5 feet is required; thus, saving the cost of acquiring an additional 10 to 15 feet of easement. b. The cost of restoration is less as a combined project. c. The cost of designing the transmission line if designed separately will he $80,000 to 5100,000. However, if it is designed in conjunction with the ongoing 16-inch irrigation line,the cost will be $21,300.00. Therefore, saving approximately 560,000 in design fees. d. One of the most important advantages would be that the property owners will experience disturbance from construction activities one time,ratlier than twice. e. The estimated construction cost for the transmission line is approximately $800,000. Funds are available in the water utility reserves. If the project is bid and constructed separately the cost could be $1.2 - $1.4 million. Combining the two projects could result in a $400,000 - $600,000 savings. 10(a) AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES FOR COLUMBIA WATER SUPPLY PROJECT FOR CITY OF PASCO THIS AMENDMENT, dated the day of , 2012, modifies the agreement and contract made and entered into at Pasco, Washington, dated December 19, 2411 by and between CITY OF PASCO, hereinafter called the "City" and MURRAY, SMITH & ASSOCIATES, INC. hereinafter called the"Consultant", and provides for engineering services for Phase C—Harris Road Potable Water Piping. This amendment is hereby made a part of the above referenced agreement to the same extent as though it was originally included therein. The agreement is hereby amended as follows: Item No, 1 On page 1, following the first sentence of paragraph I —Scope of Work, ADD the following words: "The scope of work shall also include all services and material necessary to accomplish work mentioned in accordance with EXHIBIT C (HARRIS ROAD POTABLE WATER PIPING)." Item No. 2 On page 2, in subparagraph A of paragraph 3 —Payments, REPLACE the first sentence with the following words: "Payment for work accomplished under the terms of this Agreement shall be on a LUMP SUM basis as set forth on the fee schedules found in EXHIBIT A, EXHIBIT B and EXHIBIT C provided, in no event shall the payment for all work performed pursuant to this Agreement exceed the sum of$631,114.00,without prior approval from the City." Amendment No. 1 to Agreement Page I of 2 QAP17X AdminlAgrecmcosandlnsuranccTdnmeCOnsultuLi ClienlslPascnlll-12870aftAmendmenlNo. I.doe IN WITNESS WHEREOF,the parties hereto have caused this Amendment to be executed in duplicate by their respective authorized officers or representatives. CITY OF PASCO By: Name/Title: CONSULTANT By: Name/Title: Amendment No. l to Agreement Page 2 of 2 G:iPDX AdiniWAzmc mitts and InsumncaWme ConsuMOClien eTaicvll 1-12MDMR Amendment ND_ I ADC EXHIBIT C Farris Road Potable Water Piping Proposed Work Program—Design,Bidding and Construction Phase Services Murray, Smith& Associates,Inc. March 12,2d 12 PROJECT BACKGROUND AND UNDERSTANDING The City of Pasco Water Master Plan calls for installing a 24"potable water main along the west side of Highway I-182 and on Harris Road to Broadmoor Boulevard to accommodate future development in West Pasco. Under Exhibit B of this contract,the City is installing a 16"irrigation pipeline and irrigation pump station along the same alignment. To accommodate this alignment, the City is acquiring easements in private property along the west right-of-way line of Highway I-182 and along the west edge of Broadmoor between Highway I-182 and Sandifur Parkway. To minimize future disturbance to these easement areas,the City would like to install the potable water main along with the irrigation pipeline. installation of both pipes at the same time should also result in overall cost savings through use of common trench were possible and through higher quantity of pipe procurement. SCOPE OF WORK MSA will complete all engineering work as required to develop the contemplated potable water piping, from the existing potable water piping on Court Street at the west side of the existing 1-182 bridge to the existing potable water piping at the intersection of Broadmoor Boulevard and Sandifur Parkway, Work involves engineering tasks necessary to incorporate permitting,design, bidding and construction of the new potable water pipeline, including final drawings and specifications suitable for the City to solicit private bids for construction,into the irrigation pipeline work. MSA is providing an experienced project manager, local project representation and a knowledgeable and experienced project team for permitting and design of the facilities. MSA will manage all work in close coordination with the City. MSA's approach relative to each phase and task follows. SUMMARY OF BASIC WORK PROGRAM CRITERIA AND ASSUMPTIONS: a) Property Acquisition and Rights of Entry—By City, including any required boundary surveys, valuations and property partitioning. It is understood that the pipeline will be located within existing City owned easements and in public rights-of--way, with the City providing any required rights of entry for engineering and construction. b) Geotechnical Explorations—No geotechnical borings. c) Archaeological/Cultural Review--Assume no additional effort beyond services performed for irrigation piping in Exhibit B. d) Potholing for design—No casts for potholing included. City to provide potholing if needed. c) End Connections—Assume connections to existing water mains in Court Street east of Highway 1-182 and at the intersection of Broadmoor Boulevard and Sandifur Parkway with provisions provided for future extensions at each end. fl Pipe Location—In same trench as new irrigation pipeline wherever possible. Murray.Smith&Ass xintes,Inc. City 00a5c0 1 Marsh 2012 Harris Read Potable Wate.Firing EXHIBIT C TASK.I —INITIAL EVALUATION,PERMITTING,AND LAND ACQUISITION Project management, permitting services and interagency coordination for the potable water pipeline will he performed in concert with the project management, permitting services and interagency coordination for the irrigation pipeline work as described in Exhibit B. TASK 2—NOT USED TASK 3—FIELD INVESTIGATION,ARCHEOLOGICAL INVESTIGATIONS AND TECHNICAL STUDIES The MSA team will review existing background data, project reports and technical memoranda and perform additional studies and necessary field investigations required to complete the design. This task will include the fallowing elements: a) Background Dula Review-Review all background data relative to the proposed improvements. b) Review Existing Project Reports and Technical Memoranda- Review all available reports, studies and technical memoranda that may be on file with the City and other local,state and Federal agencies that pertain to the work. e) Hydraulic Analysis—None assumed for potable water pipeline installation. d) Survey and Mapping-Topographic surveying along the potable pipeline route will be conducted in concert with topographic surveying for the irrigation pipeline, as described in Exhibit B, along the existing pipeline casement between West Court Street and Harris Road and right-of-way to right-of-way, along Harris Road and Boradmoor Boulevard to Sandifer Parkway, approximately 7,000 feet total. It is understood that the pipeline will be located within existing City-awned easements and in public rights-of-way. Proposed project budgets do not include provisions for property boundary surveys,preparation of legal descriptions for the pipeline, preparation of permanent and temporary construction pipeline easements and other survey related work and legal fillings associated with property partitioning and land use approvals. Such services, if requested and approved by the City,will be completed beyond this basic scope of work. e.) Utility Investigation -As-built records of existing utilities will be collected and utility locate calls will be made prior to project surveying so that proper locations may be shown for existing buried utilities. In the event potholing is recommended to verify buried utility locations, it is assumed that City forces will provide such potholing or that potholing will be conducted by a private contractor outside the scope of this work. MSA will provide such potholing services, if required and approved by the City, beyond this basic scope of work. f) Archaeological and Cultural Investigattons- Archaeological and eultnral reviews and investigations will be conducted by subconsultant, Cultural Resources Consultants, Inc. in concert with archeological and cultural reviews for the irrigation pipeline work as described in Exhibit B. Murray.Smith&AFwdatum Inc. City of Price 2 Mardi 2011 Harris(toad!'stable Water Piping EXHIBIT C TASK 4—DESIC_Y AND CONSTRUCTION PERMITTING Task 4-Design Services: The MSA team will prepare designs for the potable water pipeline and provide assistance in obtaining all necessary construction permits. All Work will be performed in concert with the irrigation pipeline design services as described in Exhibit B and incorporated into the irrigation pipeline plans, technical specifications, bidding documents and contract documents. Work includes: 0 Preliminury Design- DeveIop prcliminarry designs to approximately the 30 percent complete level for City review and use in supporting initial agency consultations and permit applications. b) .Design Submittals- Incorporate City and agency comments on preliminary designs and prepare design submittals at the 60 percent Ievel and 90 percent level for further City review to confirm that all City interests are appropriately incorporated into the plans. Design submittals will be in electronic PDF format. 0 Final Construction Documents- With City reviews on 90 percent designs, complete final plans inuorpurating appropriate City comments. Note,City comments that clarify intents and advance designs based on previously approved concepts will be incorporated as part of the work. Where comments involve a redirection and require redesign after prior 30 percent concepts have been approved,MSA will complete required redesign,with MSA and the City agreeing that additional compensation be warranted. Draft and final technical specifications, bidding documents and contract documents will be developed and compiled along with final plans into a complete set of construction documents. These documents will follow City and industry standards and will be based on MSA's standard formats for public works projects. An engineer's estimate of probable construction costs will be dcvelopui to aid in the City's evaluation of contractor bids for construction. Final construction document submittal will be one set of unbound, camera-ready contract documents. d) Construction Permits- MSA will incorporate normal contract document provisions for construction permits to be obtained by the successful construction contractor. TASK 5—BIDDING AND CONSTRUCTION PHASE SERVICES Bidding and construction phase services for the potable water pipeline will he performed in cancer with the bidding and construction phase services being provided for the irrigation pipeline work as described irr Exhibit B. It is anticipated that bidding and construction phase services will be provided on a tirne and expense basis as requested by the Ory in accordance with MSA's.standard schedule of charges. The total time spent and invoices will not exceed the budgets established in Exhibit R and agreed by ihix agreement without prior City approval. Mt UMY.Smith&A.mekkc,Joe. City DIT11scil Mtanb X12 Hams kcald Polible Water PhAg EXHIHIT C-HARRIS ROAD POTABLE WATER PIPING AbDMON TO IRRIGATION PIPING SCOPE 04 WORK CITY OF PASCO PROPOSED FEE BSTIMATE t.\iWK CL A8SII1G1TH1`i OK) Tlw TLD fay TAS}i �� '-+a•.a --:�'"- 5e*b }:oltaetr Fiir. Fetvt }Mar�al �t1ac/,al .\aac Y 7 Trc3 Ttcl. C7rrltal lad LAw [s+lneai► Tct/ ff.�s AD/ ftSR L7l1WL � 1 _ T3A LA- IEXIIM_ff s wrs rr s - o • a a s -is iukl.Et-PemvtN Strrl ant �+C»rinalfaa-ISVGLUDED7NE7011•frB 7isl lj&kmd co 1 # 0 • S f uk]-t5el/imsa btaiomc.An of lamb a+laas an/TechelegSm4er s:as.wnt Dad Re f 544 !l 25 F�o;cn Procn F.nor T 1 171 fis -, f 307 Y a 000 7 - 4 6 f c��s_oh+j!ul ad Cdevral M.apsjuW b I 6 9 Ly f T 1 Task 4-lku nStrvkes - - -- - ---- Prlitiia0 3^pestr(16%,A I 1 0 12 1 1 0 31 S )$"1 f 2w S S.Ul b Ds s f"aad 90W 2 6 0 m + to It 74 s 14.10 s / !-ants O 2 2 6 s U6 S 706 ral4ffi al 0 el i 22 16 m S uAll s Tu►3-•yFni snt CMl}�I'L�aJt�Ckt}-th 0 INIHOIT rl7r.N.•Iid,rABXT is 1-4r 1 t+lw 1 Imp 1 f 1 "Aw cAyde4sto Mwm.Sn+11 h A1++elditL la a Rmu Ra+t PvAbu wow pip** Mud 2917 eftownslPlarttt Pant I a eooteoaswue..e.r y.rcc.n,w r rs.w Apwsrn r s..a.iv�we w....h"—A. AGENDA REPORT NO. 8 FOR: City Council March 22, 2012 TO: Gary Crutchfie Manager Ahrnad Qayou lic Works Director FROM: Michael A. Pawlak, City Engine Regular Mtg.: 04/02/12 SUBJECT: Award Process Water Reuse Facility Fine Screen Equipment Procurement Project#C7-SR-2R-12-01 I. REFERENCE(S): 1. Vicinity Map 2. Bid Summary It. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 04/02: MOTION: 1 move to award the low bid for the Process Water Reuse Facility Fine Screen Equipment Procurement to WesTech Engineering, inc., in the amount of $318,239.00, plus applicable sates tax, and further, authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: Water/Sewer Fund IV. HISTORY AND FACTS BRIEF: A) This procurement is for the pre-purchase of the fine screens for the reuse optimization project. Equipment installation is planned for the Fall of 2012 as part of another contract to construct other facility improvements. Because of a long lead time for manufacture and delivery of the equipment, the pre-purchase of the equipment is advantageous to the City for meeting the overall construction schedule. This overall facility improvement will provide for better efficiency and cast effectiveness in handling,treating and dispersing the process reuse water. V. DISCUSSION: A) On March 22, 2012, staff received two (2) bids for the Process Water Reuse Facility Fine Screen Equipment Procurement. The low bid was received from WesTech Engineering, Inc. in the amount of$318,239.00, plus applicable sales tax. The second low bid was received from Parkson Corporation in the amount of $326,760.00. B) City staff and the engineering consultant have reviewed the bids and checked all mathematical figures. C) Staff recommends award of the contract to WesTech Engineering, Inc. 10(b) f , UA6AlY c',kOWTNBQUNFARY _i PWRF FEU u AREA \` ENLARGED C, T kYC � \N I TY r 41 9� MAP i A, .PROCESS WATER A REUSE FACILI? Y City of Pasco PWRE Fine Screen Equipment Procurement Project No, C7-SR-2R-12-01 March 22, 2012 BID SUMMARY Total Engineer's Estimate $400,000.00 1 . WesTech, Inc. $3189239.00 2. Parkson $326,760.00