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HomeMy WebLinkAbout2005.03.21 Council Meeting Packet AGENDA PASCO CITY COUNCIL. R¢galar Meeting 7:00 p.m. Marcb 21, 2005 L CALL TO ORDER 2_ ROLL CALL: Pledge of Allegiance. 3. CONSENT AGENDA. All items listed under the Consent Agenda a sidereal to be routine by the City Council and will bee acted by roll call vote as o ae motion (in the form listed below). There will be separate discussion of these items. I£ further discussion is desired by Ceuacilmembem er the public, the item may be removed From the Consent Agenda to the Regular Agenda and considered separately. (a) Approval of Minutes: 1 . Minutes ofthe Pasco City Council Meeting dated March 7, 2005_ (b) Bills and CommunicaHoos: (A detailed listing of claims is available ror review in the Finance Manager's oMceJ 1 . To approve General Claims in the oannarn or $1 ,040,02451 ($53,599.04 being in the form or Wire Transfer Nos. 4294 and 4297 and, $986,425.47 consisting of Claim Warrants numbered 147626 through 147906). 2. To approve bad debt write-offs for utility billing, ambulance, m cellaneous, cemetery, code enforcement and Municipal Court n nal, c aal and parkins a ants r vable in the total a ant o£ $214,561 .28 arrdnof that amount, authorize $174,696. 12 be mined over For ooliect on. (c) 2005 Justice Assistance Grants 1 . Agenda Report from Denis Austin, Chief of Police dated March 9, 2005. the approve the application for 2005 Justice Assistance Orant funding to expand the services of [he Domestic Violence Response Unit. "(Al) Final Plat — Casa Del Sol Pbase 6 (Desert Sunset LLC) (MIT #OS-51-FP)a 1 . Agenda Report From David I. McDonald, City Claimer dated March 16, 2005. 2. Copy of Final Plat (COUnci1 pacKe[s only; copy available in Claiming Office for public w). 3. pri� y Map. 'TO appprove the Final plat for Casa Del Sol Phase 6. "^(¢) Resolution No_ 2869, a Resolution fixing the time and date for a public hearing to consider a eating the north/south alley lying along the east side o£ Block 2, Boston Addition. 1 Agenda Report from David I. McDonald, City Plaaaer dated March l6, 2005. 2. Proposed Resolution and Vicinity Map. 3. Vacation Petition_ To approve Resolution No. 2869, fixing ati0 p.m., April 18, 2005 as the time and date for a public hearing to consider the proposed vacation. mq MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGMEN'T'S: (a) (b) (c) 5_ VISITORS - OTHER TI3AN AGENDA ITEMS: (a) (b) (c) 6_ REPORTS FROM COMMITTEES AND/OR OFFICERS: (s) Verbal Reports from Councilm¢mb¢rs_ (b) (c) Regular M¢eting 2 March 21, 2005 7. PUBLIC HEARUVGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATBVG THERETO: 8. ORDBNANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEAIiINGSv (a) Ordinance No. an OMivance ee the City of Pasco, Washington, creating a Chapter 3 . 132 "Impact Fees" providing for the a eat and collection o£ transportation mitigation impact fees; and creating a new Section 307220 "Transportation Impact Fees" setting uch fee. 1 . Agenda Report from Robert J. Alberts, Public Works Director dated March 1 �, 2005. 2. Ordinance. MOTION. I m e to adopt Ordinance No. eating Chapter 3132 "Impact ci and adug Section 3 .0 ].220 T Irepact Fe s" and, further, ta nut horiz publi cation by s. ...... � on1Y. 9. UNFIIVISHED BUSBVESS: Q(aI Pr¢Iiminary Plat — (Appeal) Linda LoYLSa, 685 lots west of Desert Plates" south of Burden I - (AHD Conatfrcua a) (MF #0c- nnala, c 1 . Agenda Report from David I. McDonald, City Platmer dated March 16, 2005. 2. Findings of Fact from the Open Record Hearing. 3. Findings of Fact in Response to the Appeals. 4. Proposed Resolution. 5. Reference Map. MOTION: I an e to adopt the Findings of Fact and conclusions there firm as contained m attachments "A" ared -AND Resolution No. a Resolution approving a planned density development preliminary plat for Linda v a. MOTION: I moe ve c t to approve Resolution No. approving the preliminary plat T'or Linda Lovusa. 10. NEW BUSIIVESS: "' CaI Special Permit Container Storage Unit im a C-1 Zone at 707 W. Cu"" Street (Garibaldi's R¢atsursnt) (MF 004-179-SPj: 1 . Agenda Report from David I. MCDOaaI6, City Plaaunr dated March 16, 2005. 2. Report to Planning Co 3. Planning Commission Minut sa dated 1/20/05 8 2/24/05. MOTION: I m e to approve the special permit for a container storage unit at 907 West Court Street, as recommended by the Planning Commission. 11. MISCELLANEOUS DISCUSSION: Wo (63 (cI 12. EXECUTIVE SESSION: (s) (b) (c) 13. ADJOURNMENT. (AC) Roll Call Vote Required *• Item not previously discussed MF# "Master File #...." Q Quasi-Judicial Matter REMINDERS: 1 . 12:00 p.m., Monday, Muteb 21 , Red Lioa — Chamber of Commerce Geueral Membership Meeting. Clark 1-Ieritage Days" presented by Kathy Blasdel, Vice-President for Tourism Development, Tri-Cities Visitor ac Convention Bureau) 2. 6:00 p.m., Monday, Mareh 21 , City Hal] Couference Room #1 — LEOFF Disability Board Meeting. (MAYOR MIKE GARRISON and COUNCILMEMBF_R RF_BECCA FR AN ) Regular Meeting 3 March 2l , 2005 3 . 7:30 'Thursday, Maroh 24 — Tri-Cities Visitor ffi Convention Bureau Boartl Meeting. (COUNCiLMEMBER TOM LARSENj 4. 4:00 p.m., "Thursday, March 24, CBC 1620 N. 201° Avenue — TRIDEC Board or Directors Meeting. (MAYOR MIKE GARRISON, Rap.; MATT WATKINS, A t-> 5. 5:30 p.m., Thursday, March 24, 710 W. Cour[ Street — Community Action Committee Board Meeting. (COUNCILMEMBER EILEEN CRAWFOA.D, Rep.; JOE JACKSON, A1tJ 6. 7:00 p.m., Thursday, March 24, 800 W. Canal Drive — Benton-Franklin Board o£ Health Meeting. (COUNCILMEMBEAS REBECCA FRe\N and MATT WATKrIVSj MINUTES RECiULAA MEETING PASCO CITY COUNCIL MARCH "), 2005 CALL TO ORIIEA: Tate meeting was called to order at 7:00 p.m. by Michael L. Gaaisen, Mayor. ROLL CALL. Councilrnembers present: Matt Watkins, Rebecca Fruncik, Joe Jackson, Eileen Crawford, Michael Garrison and Tom Larsen. Staff present: Gary Civtehfield, City Manager; Leland B. Kea, City Attorney; Stan Stnebel , Administrative 8r Community Services Director; Richard Smith. Community 8 Economic Dev. Director; Bob Alberts, Pubhe Works Director; Denis Austin, Police Chief; and Hlden Buerk e, Management Assistant. The meeting was upened witb the Pledge of Allegiance. CONSENT AGENDA : (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated February 22, 2005. (b) Rills and Cotrtrriunications: "1'o approve General Claims in the zannant of $973,786.08 ($44, 190.49 being in the form of Wire Transfer Nos. 4284, 4290 and 4291 and, $929,595.61 consisting of Clain Warrants numbered 147408 through 147625). To approve Payroll Claims in the amount of $ 1 ,238,399.3 L Voucher Nos. 32261 through 32388; and E3 Deposit Nos. 30002920 through 30003337 . (c) Dedication of Right-of-Way for Sandifur'1' rRway and Road '76c To approve the dedication from the City Utilities and acceptance for rights-of-way on Sandit'ur Parkway and Road 76. (d) Resolution No_ 2867, a Resolution t cepting Worh performed by Inland Asphalt under contract for Project No_ 04-3-09, Broadmoor Rivd_ Overlay projeeL To approve Resolution No. 2867, accepting the work perrormed by Inland Asphalt under contract for the Broadmoor Blvd. Overlay Project No. 04-3-09. (e) Resolution No. 2868, a Resolution accepting Work per£rm¢d by Apollo, nd¢r contract for project No" 04-2-03, 1-182 River Pump Station and Road 108 Pump Station, phase IL To approve Resolution No. 2868, accepting the work performed by Apollo Inc., under contract for the I- 182 River Pump Station and Road 108 Pump Station, Phase 11, Project No. 04-2-03. MOTION : Ms. Crawford moved to approve the Consent Agenda as read. Mr. Jackson seconded. Morton carded by 5-0 Roll Call vote. Ms. Francik abstained. PROCLAMATIONS ANU ACKNOWLEDGMENTS: Mayor Gar n presented a Proclamation for "National Developmental Disabilities Awareness Month" to Donna Tracy, Tbc Arc of the Tii-Cafes and Greg Berg, President, People First. REPORTS EKOM COMMITTEES AND/OR OFFICERS- MOTION : Ms. Praneik m ved to amend the agenda to add an Ordinance amending PMC 3 .07.010 entitled "Ambulance" establishing the fees for service to Item 8a. Mr. Jackson seconded. Motion carried unanimously. 1 :3 1 MINUTES REGULAR MEETING PASCO CI'T'Y COUNCIL MARCH 7, 2005 ORDINANCES AND RESOLUI'lONS NOT RELATING TO YUBLIC HEARINGS: Ordinance No_ 3915, an Ordinance amending Seetior. 3_09_010 ent tlevl "A mbulanc¢" Estab\fishing the Fees for Servlee. Ms. Crawford asked staff for n progress report about Military and retired Military personnel receiving the same ambulance benefits as Medicare patients. MOTION : Ms. PYancik m ved to adopt Ordinance No. 3718. changing the n -resident nbulance service rate and authorize Publication by summary only. Mr. Sackson seconded. Motion carried unam mousl y. UNFIN!SHED BUSINESS: Conduct a Closed Record Hearing - Yr¢ltm\nary Ptat — (App¢aq Linda Loviisa, 685 Lots west of Desert P\ateata south of Burden B\vd_ (Ahn Construction) (MF #04-183- PP)c Ms. Crawford noted a conflict of interest, recused herself from participation and left the room. Mr. Watkins declared he has a home being constructed by AHO Construction in a different area but believes he has no conflict of interest. Ms. Prancik declared she was contacted by one of the neighborhood appellants hat did not discuss the matter. MAYOR GARRISON OPENED Tkm CLOSED RECORD I-TEARING TO CONSIDER THE REZONE APPEAL. Mr. Kerr, City Attorney, explained the process of a Closed Accord Hearing appeal. Mr. Mcllonald, City Planner, explained the issues of the appeal and staff's recommendations. Council concurred with Staff' s aecommendations. MAYOR GARRISON CLOSED THE CLOSED RECORID HEARING. Mayor- Garrison recessed the meeting for 5 rrvnutes at 8 :30 p.m. Mayor Garrison called the meeting back to order at 8 :35 p.m. MOTION: Mr. Jackson m wed to close the closed record hearing and set 7:00 p.m. , March 21 as the time and date to adopt findings of fact and conclusions for the preliminary plat for Linda Loviisa. Ms. Francik seconded. Motion carried 5-0. Ms. era. f"Vd abstained. Ms. Crawford returned to the Council Table. NEW BUSINESS: Utility Oversizing Agreement for East Road 40 with Sonoran Pacific Resources, LLP: MOTION: Ms. Franeik m ved to approve the Utility Oversizing Agreement with Sonoran Pacific Aesoumes�LLP, for the construction of a s war pipeline and y r nstuetion e,f East Road 40 not to exceed $288,000 and, further, authorize the Mayor to sign the Agreement. Mr. Jackson seconded. Motion carried anannmonsly 2 MINiJ"I'ES REG CTZ.AR MEETING PASCO CITY COUNCIL MARCH 7. 2005 N¢w Road G8 Composite Reservoir — R¢al Estate Excirang¢ Agreement: MOTION: Ms. FVr ncik m ved m approve the Real Estate Exchange Agreement with Towcr West, LLC, for the exchange of properties for the New Road 68 Composite Reservoir and, further, to authorize the City Manager to sign the AgrccYncnt and ull other associated do menu necessary to effect the transfer. Mr. Jackson seconded. Motion carried unanimously. A UJOURNM F_N"1'c 'There being no further business, the meeting was adjourned at 8:38 p.m. APPROVED: ATTEST: Michael L. Garrison, Mayor Webster U. Jackson, City Cleric PASSED and APPROVED this 21" day of March, 2005 3 C I T Y O F P A S C O Council Meeting March 2l . 20 2005 Accounts Payable Approved TM1a City Council CIH of Pasco. FranKlin County, WaSM1ingbn W¢, tba arsigna o reby tartly under penalty of perjury that tb¢ matarials M1ava bean £urnisbaq th¢ rvlca n dare or lba In or partormatl as dascribad M1arain and that tba claim is j t, Clue and unpaid obligati a gala t tna city no that autnorzad l0 autllnnticat¢ and to s�lm. Gary C an d. Mane James W ass. Finance Manag¢r W a. tba undanoonad CIH Councilmambara of tba CIH Council of tba City of Pasco, Franloln County, W aahlnOton, an M1oraby c oiH lnat tM1a mamhaadisa or sarvicas narairaflar spacifiad M1ava bean recaivad: that W ira Transfar No-s 4294 and 4297 in tba amount of $53.500-04. have bean authorized: that Cb¢cK Nos 147626 througn 147906 era approved for payment In tna amount of $986,425.47. for a combined total of $1 ,040.024.51 on Min 21 at day of March, 2005. Councilmambar Councllmambar SUMMARY OF CLAIMS/WIRE TRANSFERS BY FUNU: GENERAL FUND: La9islativa 2 68932 Judialal 9 602.75 Exadutfve 6 253.96 P011c t 145.142.77 Fire 4,896.59 AtlminislratiOn S CommunfH Sarvicas 56.388.37 Community Development 3665.68 Enuinan""it 1 .046.92 Non-Oapartmantal l20 771 .40 Library 1 .916.44 TOTAL OENERAL FUND: 361 ,776.20 STREET 24.263.45 C. O. BLOCK GRANT 4.309.03 KING COMMUNITY CENTER 2'200 96 AMBULANCE SERVICE 161942 CEMETERY 3 796.19 ATHLETIC PROGRAMS 10.576 49 SENIOR CENTER `1'83747 MVLTI MODAL FACILITY 1 -752.S5 RIVERSHORE TRAIL 8 MARINA MAIN 91 .05 LITTER CONTROL l 766.55 REVOLVING ABATEMENT 360.00 PARKS O.on FUN[ TRAC DEVELOPMENT 000 STA[IUM/CONVENTION CENTER 4.53068 SVN WILLOWS [EV ELOPMENT 39'17 METRO DRUG TASK FORCE 20651 .19 METRO FORFEITURE FUN[ 907.H4 [RUG GENERAL CONSTRUCTION 127611 '28 W ATER/SEW ER 367.237.92 EQUIPMENT RENTAL - OPERATING 14.7327a EOVIPMENT RENTAL - REPLACEMENT 0.00 MEOICAVOENTAL 1NSV RANCE 5""210861. CENTRAL STORES 54 '5 PUBLIC FACILITIES [IST 150.00 LI[ CONSTRV CTION 2 503.37 PAYROLL CLEARING 2922061 GRANU TOTAL ALL FUNDS: i 1 .040,024.31 3(b� . 1 AGENDA REPORT FOR: City Council OAT£: 03/1412005 TO: Gary C;rutchfi aaager REGULAR: 03121/2005 Stan Stmb 1. dmraiaKanve ffi Communiry Servicca Director PROM: Jim C��ySlt[:a Manag¢c SUBJECT': � - .ECI'ION. T. R Wri[c-off antl collcctiun lists arc on Ele in the Fiaance Department. IL AC9'TON RE 1 _ TED OF LJNCI FF AEC MENDATI MOTION: I to appruva bad debt offs for utility hilling, mbulance, a ocllan¢ous, t¢ry, a.uBe ¢nforcomcm and tMUaicipal Court aon- xntnal, cri nalr•aaa packing mts r vabl¢ in the total a um of $214,56128. and, of that amoun . authorize s»a,696. 12 ee ttrm¢a a Car ¢ene�saa. III. HISTl7RY AND PA CTI'9 t3RIEF: Thesa a all ¢one¢hon i � 60 days o ola¢r. a $ 10 with ac ent fowrding aaaress. r are acccuaa m oupant" status. Accounts subati«eud n dfoer r ncc $ l0 00. 2. A NCE - ThcsC a all delinqucm a tnts o r 90 days past due or statem¢ms a returned with ao fia wardins addr¢s. Those submitt¢a for collcctioa exceed $ 10.00. Direct wr of s nclaai It DSHS sad Medicare customers tht, law requires that the City accept assigttvrt¢nt is these caws. 3 These a all ddinquant a unts o r 90 days past dac o 5 tatenreats that are ceturnea witl, ao re collceion excd $ 10.00 4. T C O1J REC IV - These arc all delinqu t nom-comma! and cammal Fnes. mad parYi,am violations over 30 days past aue 5. ORCEMENT — LIENS — TM1CSO am Code En£orccmcat v elation pcaaltics which ava either ollectable or lave been a sigaed for collections because the prapeay o r has n otttplied or paid the fame. Tbem a still liana is place oa these a ttats which will co ¢ to he t, effect until the property is brought i¢ compliaace and the debt assocatea with these licnsaare paid. 6. ERY — These arm delinquent a 1'�o t sr 120 days past d ue o statemcats are e rctm¢a with no raaaress. cubrniaca f r c<Al ctu n d $ 1 0.00. Amu nt Dimes R¢erred t Total - Write-of£s Collecfion Write-offs l tiliry Eilling $ 17.53 13.587.84 13.605.37 Ambulant¢ $ 39,840.63 19,420.80 59,268.43 Miscellaneous $ .00 2.266.76 2.26676 CouR A/R $ .00 125.762.00 125, 762.00 Liens $ .00 11 ,319.00 11 ,319.00 Cerrt¢.tery $ .00 2.33972 2,339.72 TOTAL: $ 39,865.16 174,696.12 214,561 .28 IV. ADMINTS'fRATTVE ROUTING: cc. Dot Y'raav-h, Municipal Cuurt CIerlc 3(b� . 2 AGENDA RH]Pt2 FOR: City Council //n March 9, 2005 TO: Gary CrutchfieQy Manager Workshop Mtg.: 3/14/05 FROM: Denis Austin , Chef of Police Regular Mtg.: 3/21/05 SUBJECT': 2005 Justice Assistance Grant I_ I2EFERF_NCE: IL ACTION REQUESTED ON' COUNCIL/STAFH' RECOMMENDATIONS: 03/14: Discussion and t" Veeeihe Puhlic comment 03/21- MO'I'iON- I move m approve the application for 2005 Justice Assistance Gram Funding to expand the services of the Domestic Violence Response Unit- fix. FISCAL IMPA CTc City Funds — No required match for Federal funds Federal Funds — $22,068 IV_ I3ISTO12Y AND N'ACTS BRIEF: The Pasco Police Department is requesting permission to apply For $22,068 from the 2005 Justice Assistance Granc (JAG) funding to expand the s of the Domestic Violence Response Unit. The grant is a joint award for the City or Pasco and Franklin Cnunty. The Franklin County Prosecutor and Sheriff have indicated a desire to have the City administer the grant funding The 2005 JAG funding will enhance the department's program by providing training for officers and volunteers, c m unity education in the form of puhhc service a nourtcements, educational materials attd other informatinn to the public, along with a mputer for the Dnmestic Violence Response Unit. A small arnn"nt of grant funding would he used to provide domestic violence victims with tempo ary eynevge ney shelter and/or transportation through n victims' assistance fund. The County Proses utor will r eeive a computer and a projector to use to view evidence and when prosecuting domestic violence c ases. The Sheriff' s Office personnel will teeetve domestic violence -response u'aining with Pasco Police personnel . 3(c) AGENDA REPORT NO_ 16 - FOR: City Council DATE: 3 / 16/ 05 TO: Gary CrutetaF el - Manager WORKSHOP= Richard i Sarvit i ector REGULAR: 3 / 21 / 05 Community an Economic Development FROM: David McDonald , City Plannei• ��1_� _ . - SUBJECT: FINAL PLAT — Casa Del Sol Ptaase 6 (Desert Sunset LLC) (MF #OS- S I_ REFERENCE(S)e A_ Copy of Final Plat (Council packets only; copy a ailable vn Planning orrxoe for Public r w) - B_ Vicinity Mape II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: MOTION: I move to approve the £nal plat for Casa Del Sol Phase 6 . ZII_ FISCAL IMPACT[ NONE IV_ HISTORY AND FACTS BRIEF: A_ The City Council previously approved a preliminary plat for Casa Del _ Sol. Casa Del Sol is a proposed single Family esidential develops-Went located west of Road 44 and north of Burden Boulevard_ B. The developer i now seeking £veal plat approval for Phase 6 of Casa Del Sol. V_ DISCUSSION. A_ Prior to the approval o£ a Snal plat, the developer is to either i stall all n frastructure post a bond other nstrument that the Fnancing £or therimprovements. Inrthis case, the developer teas completed the improvements . B_ The final plat shows and contains information on primary control points, tract boundaries, dimensions, bearings, lot numbers nd other aes�rary engineering data. In addition the plat contains the equired ,ptions, aeaieacions ana acknowleagmenc ana approval seetioras. VI_ ADMINISTRATIVE ROUTING: - - 3�d� 1111115121 iiiiiiiiiiIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIlI NO ililli III iii NOW ME 'mom AGiENDA REPORT NO_ 18 FOR: City Council DATE: 3 / 16/ 05 TOa Gary Ciutch£a� Manager WORKSHOP: Richard J . Smi D ector REGULAR: 3 / 21 / 05 Community an Economic Development FROM: David T . McDonald, City Planne SUBJECT: ALLEY VACATION- North/ South alley in BIocR 2 , Boston Addition . (MF #OS-36-V) Z. REFERENCE/SY_ A_ Proposed Resolution and Vicinity Map B. vacation Petition II. ACTION REQUESTED OF COUNCIL/STAFF�RIEnCOMMENDATIONS: MOTION: I move to approve Resolution No. 'p Fixing 9 .00 PM , April 18, 2005 as the time and date {r a public hearing to consider the proposed vacation_ III_ FISCAL IMPACT: NONE 1V_ HISTORY AND FACTS BRIEF: A_ Greg VanZant, the owner of Blocic 2 , Boston Addition has submitted a petition requesting vacation o£ the north/ south alley adjacent the east side of Pais property B_ The petition requires the City Council to £ix a public hearing to c resider the vacation request. The earliest regular City Council meeting a ailable for a public hearing, which provides the statuCOry 20-day hearing notice, is April 18, 2005 . V. DISCUSSION- NONE VI. ADMINISTRATIVE ROUTING: 3Ce� RESOLVTION NO_ �� � 1 A RESOLUTION FIXING THE TIME AND DATE FOR A PUHLIC HEARING TO CONSIDER VACATING THE NORTH / SOUTH ALLEY LYING ALONG THE EAST SIDE OF BLOCK 2 , BOSTON ADDITION . WHEREAS, £rom time to time a spo a to petitions or a ases where it serves the general interest of the City, the City Council may vacate rights-o£- way; and WHEREAS, R.C.W. 35 .99 requires public . hearings on vacations to be Fixed by Resolution, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCOe That a public hearing to c eider vacating the north/ south alley adjacent the east line of Block 2 , Boston Addition will be held before the City Council of the City of Pasco in the Council Cl-cambers of tl City Hall, 525 North 3rd Avenue, Pasco, Washington, That the 7:00 m , the 18th day of April, 2005. City Clerk of the C!i ty of Pasco shall give notice of said . public hearing as required by law. PASSED by the City Council of- the City of Pasco this. 21st day of March, 2006. Michael L. Garrison Mayor ATTEST: APPROVED AS TO FORM : Sandy L. Keriw thy - Leland B. Kerr Deputy City Clerk City Attorney �:: \\ 1 _ _ _ 0� 11 , �. � � _ ! i l��� i i it`` \ �: !��' i i '\\ i� FIUC 19 O1 O9z 34a pl Ave . 16 . 2004 4o1. 7PM No . 'tea 60 P . 2 �_�aa-ac:an ice: La c � ry ov Pasco awrB. ascszpt w. CITY OF PASCO STREET/ALLEY VACATION PETITION I, we the ua�dcrsig acd. o of Lwo-c[a irda of the pri�atcl}r owned abuRia-ag propc�-p bcacby pctliioa tRc Ciry -Coatnol oI Shc City vF Paam ro vacate chc Colloving dcacribetl s[ttct/a11cy eigncs-or-wqy- A l4 all may lying w at of B1pGk 2 oS CRC Alai e£ HOatoa Addition to DaaCO a6 Oi'dCd in VolumC "H•' eS D1aiv • 4 l2 K1r CCOUrrC - ? APPLICANT= PROPSRTT OWPED: (L yN DeaoePn-o+z) cragavanzantlt prizlY Nsiri a van ProoCi-ties x . x.i.c Ail of alOCka � anA 2 , soa too Slgri NaSssc �� �q �L. _ _ � T� Atltlit ien _ orditza to tRP olat Address P . O . Hox 400 CJaaraoE rdcd ire eluma ••8" o£ SuiliragtOn, wA 9H233 plabar pa Qao12 , lyin0Va8sGr1 OS plaozacM ( 360 ) OOB -6029 DaLC B / l0 / Oq RYg_2�ava ht -o£-z+ay � daaQad to aGaL 6'y a�u icons�Sle .sl LoyyggaLRar icR OoGVa c11 £CO sGraot Pcixzt Name i s �//1 H LAtirH ao¢Oaiioh vR�ev Rancor�iteto lz by Slgl> NAZa< T I/`¢a'Y Fa'IISfklin Courrt y Yaa Rin QLOrr _ Dais SS - /)S- O4 Print Namc Slgr-� Namc Datc STREET VACATON APPL�CATIONXLS kkB WPM \ �| . �_ , § ��■■ � � § em . �- . - -- - - - - - - - - = \ - f � AGENDA REPORT NO. 11 FOR: City Council March 17, 2005 TO: Gary Crut¢LC Msnag¢r Regular Mtg: March 21 , 2005 FROM: Robert J. Albc �fWorlcs Dir¢c[or SUBJECT: Transportation Impact Fee Ordinance i. I2EFEAENCEISI: 1 . Ordinance II. ACT10N REQUESTED OP COUNCIL/STAFF RECOMMENDATIONS: 03/21 - Motion- I move to adopt Ordinance No. eating Chapter 3. 132 "Impact Fees" and creating Sectioa 3 .07.220 "Transportation Impact Fees" and to authorize publication by summary only. 111. FISCAL IMPACT: lV. HISTORY AND FACTS BRIEF: On March 14, 2005, Joa Pascal from tkae "fraraspo Group provided a presentatioa to Council on the traffic impact fees calculated from the Pasco 1- 182 Corridor Subarea - Transportation Plana. The proposed ordinance irtcludes trarasportation mpact fees of $300.00 per unit for residential developments, $200.00 per multi- family unit, and $20.00 per daily vehicle trip for commercial Staff recommends t1tat . Council approve the ordinance for transportation impact fees. V . ADMINISTRATIVE ROUTING Project File - 8Ca� ORDINANCE NO_ AN ORDINANCE of the City of Pasco, Washington. creating a Chapter 3_132 "Itnpaet Fees" providing for the assessment anti collection of transportation mitigation impact fees; and c atiag a new Section 3.0'1.220 m e ee "Transportation Ipact stting such f ¢ WHEREAS, the City of Pasco has under the m adata of the Growth Management Act, adopted the Comprehensive TranspotYation aad Circulation Plan to identify the capital needs of the City to meet the demands of anticipated growth; and WHEREAS, the City has recognized that the I- 182 corridor represents a suhstantial area of growth affecting the n eds for transportation and circulation capital improvements and ha ng previously prepared the "I- 182 Corridor Subarea Transportation Plan" identifying specific capital needs anticipated during the 20 year plaaning period; and WHEREAS, the City Council has determined that growth and development activity within this corridor w111 create a additional demand and need for expansion and improvement of the traffic Facilities within that a and a study having been performed by the Transpo Group . quantifying the fiscal impact of such anticipated growth within the 1-182 Corridor subarea; and WHEREAS, the City is artpowered Pursuant to RCW 82.02 to a mpact fees to insure that adequate transportation facilities are availahle to s ve new growth and development within this area and to promote orderly growth and development by estat>hshing standards whereby new growth and developm tit may pay a portion of the share of the costs of such new facilities needed to serve this new growth and development, NOW, Tl-lEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO. WASHINGTON. DO ORDAIN AS FOLLOWS: Section 1. That a new Chapter 3. 132 entitled "Impact Fees" of the Pasco Municipal Code shall he and hereby is enacted and shall read as follows: CHAPTER 3. 132 IMPACT' FEES Sections 3. 132.010 Findings and Purpose. 3 . 132.020 Applicahility. 3. 132.030 Geographic Scope. 3. 132.040 Imposition of Traaspoaa[ion Impact Fees. 3. 132.050 'Fee Schedule 3. 132.060 Time of Payment of_lmpact Fee. 3 . 132.070 Credits. 3. 132.080 Permitted Adjustments. _ Impact Fccs Ordinance - 1 - 3 . 132.090 1- 182 Corridor Traffic Impact Fund. 3 . 132. 100 Refunds. 3. 132. 110 Appeals. 3. 132. 120 En£nrcement. 3. 132. 130 Severability - 3132010 FINDINGS AND PURPOSE. The City Council Finds and determines that growth and develop activities within the City will create additional demand for the c nstauction, mprovcment and utilization o£ public- streets, roadways, and right-of-way irnprcvcrnents by bringing additional residents, v sitcrs, businesses and customers into the City; and further finds that growth and development activities should pay a proportionate share of the costs of such necessary transportation and a culation facilities needed to serve this growth and development activity. It r therefore necessary in regulate property dcveloprrr nt Co improve public transportation facilities through mitigating the direct irtzpacts of the development by the assessritent of impact fees to jtuurve that these facilities are adequately funded and available to scv�e the increased demand resulting from this growth and development. It is the intent that the provisions of this Chapter shall be liberally construed m effectively carry out the purposes of the Council in establishing this impact fee. - 3. 132.020 APPLICABILITY. The City shall collect transportation impact fees as - provided in PMC 3.07.220 -from any applicant sccKhlg development approval From the City for any development activity witbin that portion o£ the City identified. in Section 3. 132.030, where Such developm nt activity requires the issuance of a bnilding or occupancy permit This shall nclude, bnt nnt limited to: the development of esidential, commercial, retail, office, and industrial land, and .includes the expansion of existing uses that create an additional demand upon public transportation facilities, us we0 change in an existing use that creates an additional demand for public transportation facilities. 3. 132.030 GEOGRAPHIC SCOPE. The boundaries within which the cranspottation mpact fees shall be charged and collected are Chose areas within the 1- 182 Corridor Subarea lying west o£ 20th Avenue bounded on the north by the northern City boundaries and on the outh and west by the Columbia River, and shall include all unincorporated areas anncxC4 to the City on or after the effective date of this Ordinance and the development of a ncorporated properties that xnay create an additional demand upon the public traffic facilities within this geographic ureu irnposca pursuant Co an Interlocal Agrc nt between the City and the County specifically addressing the identification and mitigation of these transportation impacts. 3. 132.040 IMPOSIT[ON OF TRANSPORTATION 1MPACT FEES. Transportation impact fees shall- A) Be imposed only for system improvements that ure reasonably related to the new development B) Not exceed a proportionate share cf the costs of system rrrrprovements that are reasonably related to then w development Impact F¢cs oralnancc - z C) Be used for system improvements that will reasonably benefit the new development D) May Be cc,llcctcO and spent only for traasportat:on system and vigbt-of-way mprovemcnts wbicb a addressed by the capital facilities plan element of the City of Pasco Comprehensive Land Use Plan and adopted Subarea plan addressing the following elements: 1) Deficiencies in public transportation facilities serving existing development and the m ans by which existing deficiencies will be eliminated within a reasonable period of time; 2) Additional demands placed on existing public facilities by new development; and 3) Additional public facility mprovements required to serve new development. E) Should not be imposed to mitigate the same offsite transportation facility impacts that six, mitigated by any other assessment required by ordinance or law of the same development. 3. 132.050 FEE SCtIE E. The transportation impact fee shall be paid as set forth in pMC 3.07.220_ 3. 132.060 T1MT= OP PAYMENT Ov IMPACT FEE. All developers shall pay a impact fcc in ordance with the provisions of this Chapter, at the time that the applicable development permit is available for issuance. The impact fee, as initially calculated, after issuance of a development permit, may be calculated at the tame of Payment if the development is modified or conditioned in such a way as to alter the trip generation rate for the development. No development permit shall be issuca until the impact fee is paid, a cept that developers of r sidential subdivisions, short plats, or planned unit developments, may defer payment until building permits are issued for the lots within the subdivision, short plat, or planned unit development. A developer may obtain a prchminary determinatipn of the impact fee before application for a development permit, upon providing the Director of Community Development with the information necessary For processing the application. Impact fees may be paid under protest in order to obtain a permit or other approval of development activity. 3. 132.090 CREDITS. A credit. not in cxccca the transportation impact fee otherwise payable, shall be provided for the actual value of any dedication of land for, improvement to, or impact V¢as Ordtnaiicc - 3 w construction of any transportation system improvements provided by the developer, to facilities that are identified in the capital transportation facilities plan and required by the City as a condition of approving the development activity subject m the permit. 3. 132.080 PERMITTED ADJUSTMENTS. The Direcmr of Community Development may adjust the standard transportation impact fee at the time the fee is imposed as may be necessary to accommodate unusual circumstances in specific cases to insure that impact fees are imposed fairly. The amount of the fcc m be imposed on a particular development may be adjusted by the Director of Community ncvelopmcnt after having givert c siderann" to studies and other darn vailable to the Director of Community Development ubmitted by the developer demonstrating m the satisfaction of the Direcmr of Community Development that an adjustment should be made in order m carry out the purposes of this Chapter. The transportation impact fcc may provide Era- system improvement costs previously incurred by the City m the extent that new growtb and development will be served by the pre usly constructed imla-en,cracnts Provided such fee shall not be imposed to make up for any systems improvement dcficicnc es. 3. 132.090 I- 182 CORRIDOR "TRAFFIC IMPACT FUND. The 1- 182 Corridor Impact Fund is hereby created imo which traffic impact fees shall be deposited as a special merest bearing a nt All intcvcst shall be retained in the a nt and dd expene for the purpose cr purposes for which the traffic impact fees were imposed- Annually, a report showing the s urea and am nt of all mcnics collected, earned or rcccivca to the ncceamt, and system mprovemcnts that were fmanced in whole or in part by the impact Fees shall be prepared and presented to the City Council_ Traffic impact fees for transportation system improvements shall be expended only in conformance with the capital facilities plan clement and adopted subarea plans of the City of Pasco Comprehensive plan. Traffic impact fccs shall be expended ore umberad for permissible use within six (6) years of rcccipt, unless there a fists an cxtraoramaryand c mpclling reason for fees m be held longer than six (6) years. Such extraordinary or compelling reasons shall bc . idcmificd in written findings by the City Council_ 3. 132. 100 I2F._F"[.INDS A) The currcnt ner of the property eFlected the records of the Franklin County Auditor. o which a mpact Fee has been paidrmay receive a refund of such fees if the City fails m expend m- cncumber the impact fees within six (6) years of the dace the fees were paid or longer as designated by the City Council by written findings on public transportation facilities intended to benefit the development activity for which the impact fees w re paid. In _ determining whether traffic impact fees have been encumbered, impact fccs shall be considered encumbered nn a first in, first out basis. The City shall notify potential claimants by first class lmpav t V•' S oralnncc - 4 mail dept sitcd with the United States postal service at the last know address of the claimant- f;) The request for refund t ust be submitted to the City Council by depositing the same in the office of the City Clerk by written notice within o e (1 ) year of the date the right to claim the refund arises or the date that notice is given, whichever is later. Any impact fees that are not expended within these time limits, and for which no application £or refund has been made. w:th:n this one ( 1 ) year period, shall be retained and expended on the indicated capital facilities. Refunds of transportation impact fees shall include actual interest earned on the impact fees. C) In the event the City seeks to terminate any and all Impact fee requirements, all xpcnded or unencumbered funds, including :merest earned, shall be refunded_ Upon the finding by the City Council that any and all fund requirements arc m be terminated, the City shall Place a notice cf such termination. and the a ailability of refunds i newspaper of general nlation, at least two m d claimants ties an shall notify all potential claima by fit-st class mail to the last Known address of the claimants. All funds available for refund shall he retained for a period of nne (1) year. At the end of one ( 1 ) year, any remaining funds shall be retained by the City, but must be expended fur the indicated public transportation facility. This notice requirement shall not apply if there are no unexpended or unencumbered balances within the account being terminated. D) A developer may request and shall rc a refund, including interest canned o the inapact fees, when the developer does not pro ecd with the dcvclopm at activity and no impact has resulted. 3. 132. 110 APPEALS . A developer vnay appeal the arununt of a transportation mpact fee determined by the Director of Community Development to the City Heating Examiner under the procedures provided in PMQ 25.8,1. The developer shall have the burden of proving: A) An error was econantittea in calculating the assessment of the impact fee or the developer's proportionate share. ]3) Such fee does not mitigate a direct impact. C) The City based its determination on incn=cct data. A do elope ay also submit such other information deemed relevant or appropriate for the purpose of disputing the impact fee. D) The Director of Community Development shall meet with the developer and such other parties as e deemed nccessary in order to resolve the dispute. If the dispute is not resolved by the Director, the developer may appeal the imposition o£ the impact fee to the Hearing Examiner. The Hearing Examiner only determines whether the fee is reasonable, but does rint make any adjustment thereto. The Heating lEsunniner may r-ernarul the matter to the Community De clopment Department for further consideration consistent with the Hearing Examiner's decision. Impact Fccs Ordinanc¢ - 5 An appeal from a decision of the Director of Community Development must be filed with the Hearing Examiner within ten ( 10) calendar days of the Uirecmt-'s written decision regarding the fee amount_ - 3 . 132. 120 ENFORCEMENT. When a development has been identined as having a direct impact upon the public transportation facilities, and an impact fee has not been paid, the requested permit may be denied. A development permit issued after the effective date of this Ordinance shall be null and void if issued wirhout substantial compliance with this Chapter. 3. 132. 130 SEVERABILITY. Should any section, subsection, paragraph, sentence, clause or phrase of this Chapter he declared to Be unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this Chapter. Section 2_ That a aew Section 307220 entitled "Transportation impact Fees" of the Pasco Municipal Code shall he and tterehy is adopted and shall read as follows. 3.01.220 TRANSPORTATION IMPACT FEES The transportation impact fee shall is : A) Residential Developments $300.00 per unit B) Multi-Family Units $200.00 per unit C) Commercial $20.00 per daily vehicle trip S¢etiol13. This Ordinance shall take full force and effect five (5) days after its approval. passage and publication required by law . - PASSE" by the City Council of the City of Pasco, Washington and approved as provided by law this day of , 200S. Michael 1-. Garrison Mayor ATTEST: APPROVED AS TO FOAM: Webster U. Jackson Leland B. Kerr Ciry Clerk City Auorney Impact Fccs Ordtnanc¢ - 6. AOENDA REPORT NO. 19 FOR: City Council DATE: 3 / 16/ 05 TO: Gary CrutchR�Manager � [' WORKSHOP= Richard J. Sm� Director nth REGULAR: 3 / 21 / 05 Community a Economic Development FROM: David I . McDonald, City Planner—�lL1�- SUBJECT. PRELIMINARY PLAT--(APPEAL) Linda Loviisa, 685 Lots west of - Desert Plateau south o£ Burden Blvd (AHO Construction) (MF# 04- 183-PP) L REFERENCE/SI: A. Findings of Fact from the Open Record Hearing B. Findings of Fact i � Response to the Appeals C. Proposed Resolution D. Reference map No[e the hearing record was provided [o the Council on 3/ 7/ 05 ZI_ ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS. MOTION: I m e to adopt the Findings of Fact and conclusions therefrom as contained in attachments "A" and °B" . MOTION I m ve to approve Resolution No. approving the preliminary plat £or Linda Loviisa. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On December 16, 2004 the Planning Commission held a public hearing to receive testimony on a proposed preliminary plat for 212 es of land located directly west of Desert Plateau. The hearing was Followed by the development of a recommendation on January 20, 2005 . B. Both the applicant and some adjoining neighbors appealed the Planning Commission recommendation . C. The City Council held a closed record hearing on March 7 , 2005 Co consider the appeals by both. the applicant and residents of nearby neighborhoods. V. DISCUSSION- During the closed record hearing the Council reviewed in depth the issues o{ concern raised in the appeals_ Following r view of the r cord the hearing was closed nd March 21st was set as the date toetalce action on the proposed preliminary plat. As a result o{ the discussion in the closed record hearing staff has prepared Findings o£ Fact and conclusions contained in Attachments °A° and "B" {or Counoil consideration. Prior to approving a resolution on the preliminary plat it will be necessary to review and adopt [he £endings and conclusio as. 9Ca� ATTACHMENT °A" FINDINGS OF FACT AS R?+'9UIRED SY RCW 68. 1'7.010 8s THE PASCO MUNICIPAL CODE State law (RCW 58 . 1 '7 . 010) and the Pasco Municipal Code require the development of Findings of Fact as to how the proposed subdivision will protect and enhance the healCh, safety and general welfare of the commuuity. The following Findings o£ Fact ntered From the record o£ the open ecord hearing on the preliminary plat for Linda Loviisa. 1) praveat Overcrowdiag: Minimum lot sizes exceeding x,200 square Feet, will address the overcrowding concern by providing manageable lots and usable open spaces_ R- 1 zoning requires a 20 foot front yard set back acid no more than 40 percent lot coverage- 2) Parka Opeas Space /BChoolac The proposed plat provides space for a S- acre park. The preliminary plat was submitted to the School district For review. No comments were received From the School District. 3) Effective Land Use /Orderly Developmeat: The plat is laid out to maximize tree potential of the site_ 4) Bate Travel as Wallriag Coaditions: The plat provides connections to the community by way of Burden Boulevard (two connections to Burden) Desert Plateau Drive, Sierra Drive and Future nnection to Road 44. The plat provides pedestrian connections to the Pas o Soccer Complex and the I- 182 bike path. Sidewalks are required to be installed when homes are built. S) Adequate Provisioa of Maaicipai Services: Municipal water lines abut the plat and a major sewer trunk line runs north acid south through the proposed plat. All lots will be served with municipal utilities meeting City standards. 6) Proviaioa of Housing for State Residents: This preliminary plat will provide 6851ots for housing sites for Pasco residervts_ 7) Adequate Air and Light. The lot sizes and maximum lot coverage limitations will assure the adequate movement of air and the availability of light to each lot_ 8) Proper Access al: Travel: The access streets to and through the plat will be paved and developed to City standards to assure proper access maintained to each lot. Connections to the community will be provided by way of Burden Boulevard, proposed Madison Avenue, Sierra Drive and Desert i Plateau Drive. The preliminary plat was submitted to the Transit Authority For review. No comments were received £rom the Transit Authority. 9) Compre Leasivc plea Policies t$ Mapao The Comprehensive plan designates a m jority o£ the site for low-density residential development while the western 1 / 5 of the site is designated for Mixed Residential densities. Policies of Lhe plan encourage development to expand progressive nd efficient manner. These policies also encourage the advancement o{ home ownership and suggest the City strive to maintain a variety o{ housing for residents . 10) OtLar Fiadiagac • The City teas strict onstruction and ngineering design standards that ust be adhered to during the development o£ a plat • The use of n arby properties has changed from agricultural production to r sidential • Lot sizes c norm to the approved zoning For the site. • The Comprehensive Plan encourages the interconnection o{ neighborhood streets_ CONCLUSIONS SASED ON THE FINDINGS OF FACT Be{ore the approval or denial of a proposed preliminary plat the City Council ust develop £endings of fact from which to draw conclusion (P. M .C . 26.24 A'70) there £rom as to Whether or not: ( 1 ) Adequate provisions are madefor 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 £or students and other public needs; The proposed plat will be required to develop under the storzd¢rds of the nicipaZ code rzd standard specifcaLions of the City Engineering Department. These standards were designed to ensure [he public health, safety and gerzeruL welfare of the community are secured. Ttvese standards rzcZUde provisiorLS for streets, drainage, ester and sewer service and the prow s . for dedication of park lands_ This prelimino.ry pZaY teas been forwarded to the FY-onkZirz Courztg PUD, the Pasco School District and Ben-FYUnkZirz Trarzsit Authority for review arzd comment. (2) The proposed subdivision contributes to the orderly development and land u e patterns in the area; 2 The proposed plat is Zoc¢ted a site Lhai has been skipped over by development. The proposed plat makes effc-ierzt use of vacant Z¢nd ¢rzd will provide for the Zoopirzg of utilities and intercorznectivity o_f streets as supported in the compreherzsive Plan. (3) The proposed subdivision conforms to the policies, maps and narrative text o£ the Comprehensive Plan; The Comprehensive Ptarz larzd use map designates most of the site for Zow density r siderztiaZ development Low density development zs described as 2 to S s rzgte family urzits per a n the text of the Comprehensive Ptarz. The policies of the plan (LU-3-C) encourage development to expand z progressive and effcierzt manner and encourage the advancement of Iwme ownership (H-3-BJ. Plan f_:o¢Z H-2 suggests the City strive to maint¢irz a variety of housing options for residents of the community white PZarz Policy H-I -B suppoRS the protection and erzhancement of tFee established character of viable residerztial neighborhoods. The western SOO feet of the size is designated for mzx residerztial development. (4) The proposed subdivision conforms to the general purposes o£ any applicable policies or plans which have been adopted by the City Council; Development pLarzs and policies have been adopted by the City Council in the form of the Comprehensive PT¢rz. The proposed subdivision conjorms to the policies, maps and rzarraiive text of tl ze Plan cl_s rzoted in rzumber tFzree above. (5) The proposed subdivision conforms to the general purposes of the subdivision regulations. The general purposes of the subdivisiorzs regulatiorew have Been enumerated and discussed in the staff a aLysis and fzrzdirzgs of fact. The findings of fact indicate the subdivision is in conjormarzce with. the general purposes f the subdivision reguZo.iions. (6) The public use and interest will be served by approval of the proposed subdivision. The proposed plat, if approved will be developed in accordarzce with ¢IZ City standards designed io insure the health, safety and welfare of the community are met Z7�e Comprehensive Plan will be implemented Yha-ough devetopmerzt of this plat. TI-zese factors will z re the public use and interest is served 3 ATTACHMENT °B" FINDINC}S OF FACT AND CONCLUSIONS FOR THE LINDA LOVIISA APPEAL ISSUES - - LIPPLZCAIV�' I33I1E3: 1 ) Noises Mitigalioa Plaa The southern boundary of the proposed plat is adjacent the Wort" line of Interstate 152 , a six lane freeway. • In June oC 2002 the City Council "eld a workshop to discuss the mpact of noise on r ssdential development in t"e I- 1S2 corridor_ The staf{ eport for that worKShop as provided to the Planning Commission. By consensus t"e City Council determined in June of 2002 that 70dB was a realistic goal For abatement of noise levels along the freeway_ The City Attorney advised that the determination for the rued of noise mitigation is wit"in the sound dis etion of t"e Planning Commission - and is appropriate nclude as a condition £or preliminary plat approval. ' The applicant completed a noise study in June of 2004 and provided a opy to City staff_ The noise study was to as d to the staff report the Planning Commission. The noise study y indicli cates noise levels along the freeway range from. 70 to 77. dBA_ The study explains w"ere a 6 to 7 foot barrier is needed along t"e freeway to mitigate noise impacts. CONCLUSIONS - A rz e study and mitigution plan is essential irz erzublirzg the City to ensure thut, on the State ErzvironmentaZ PoZicy Act mandates, persons that muy reside irz houses odjacerzt I-102 are provided uiith a he¢Zth_f l rzmen[. Tl'iere in a legitimate public purpose for requiring a rz mitigatiorz plan. 7-1 plxca"t has uZreudy completed u noise study containing recommended mitigation measures 2) Block Wall aloag Soccer Field The Pasco ' SOCCer Complex is located adjacent the westernboundary of t"e proposed plat • Considerable public funds have been invested in the soccer complex for the bene£t o£ the entire community. 1 • The soccer £fields are used constantly For soccer practice, games and regional tournaments. These activities attract hundreds of players, family members and spectators. • The mplex is large enough that multiple games occur simultaneously. • The eastern boundary of the soccer complex adjacent the western boundary of the proposed plat is lined with soccer goals. As auch use of the eastern portion of the soccer complex will create cainilicts witra Future residential lots in along the western edge o£ the propo ed plat • Development o{ a subdivision adjacent a similar open public space would be expected to install an estate type fence along the full distance of the boundary line between the subdivision and the public space . • The City Attorney has advised Ste£{ that the imposition o{ plat de elopm nt requirements are to be proportional to the ampacis being created by a development. • The applicant stated in the open record hearing that they did not object to a fence barrier between the soccer £gelds and the proposed subdivision. They objected to the requirement of a block wall. • Maintenance costs {or a block wall would exceed the maintenance costs of a standard residential fence. CONCLUSIONS • The G ty has invested sigrz c¢nt sums of money irz deveLOpment arzd on going maintenance of the soccer complex and adjozrczrag sports facilztzas. Because the soccer complex was orzgzrzally built adjacent a farm field rzo boundary fence was inst¢lZed. If built in a dz}ferent Zocaizorz, near existing development, the Clty would hove fnstaZZed a fence or wall along the bourzd¢ry of the socc-ar complex. A block w¢Zl is more durable tharz a wooden or chain lir lc fence ¢nd would provide both the City ar a _fi<ture homeowners with ¢n acceptable barrier to mfiigate co"Jzicts between zrztense soccer actzvites and the residerztz¢Z uses. • The City shares responsibility for the rzeed of a wall a along the soccer complex consequerzYly the Czty should share in the cost. • The c mmon are¢ m ntenance fee c uld be increcased to provide r..nds for Zong terns m¢intenarzce of the soccer complex w¢ZZ. 2 3J Bloolc Wan aloag I- 1B2 • The s uthern boundary o£ the proposed plat is adjacent the north line of Interstate 182, a six lane freeway. • In June o£ 2002 the City Council held a workshop to discuss the mpact of noise on residential development in the I- 182 c ridor. The staff report for that workshop was provided to then Planning Commission. By consensus the City Council determined in June o£ 2002 that '70dB was a realistic goal £or abatement of noise levels along the freeway. • The applicant completed as noise study in June of 2004 and provided a copy to City staff. The noise study indicates noise levels along the freeway range from 70 to 77 dSA. • The applicant's June 2004 noise study provides speci£ac height requirements £or a sound barrier along the southern boundary of the proposed plat. The barrier is recommended to be 6 to 7 Feet high depending on the location in the subdivision. • The City Attorney advised that the determination For the need of noise mitigation is within the sound discretion o£ the Planning Commission and is appropriate to include as a condition for preliminary plat approval. - • The applicant acknowledges i rreapondence and in the appeal that freeway generated noise has an adverse impact on property values. • The applicant has stated i referenced correspondence and the appeal that it is -highly likely^ they "will construct some sort of barrier along° the freeway. The applicant proposes (in the appeal) they be permitted to determine how best to mitigate freeway noise impacts though a variety of measures. • Maintenance costs for a sound wall would exceed the maintenance costs of a standard residential fence. ' CONCLUSIONS • MitigaZiorz of freew¢y rzoise it�ipacts is rzecess¢rg to ensure a Livo.bZe erzvirorzmerzt for those siderzts that will be close pro miYg to the freeway. The oppZicante has to.Jcen tTze ,first step in addressing the freeway rzoise issue by completing a noise study. The study supports the legitimate public concern for regi<iring noise mitigatiorz. TFie main 3 objective of the PZarzntng Commission recommendation orz this issue w s attenuation of freew¢y noise. The rear<iremenY for noise attenuation apps s to be a reasonable condition except perhaps for the m rzdate of a block wall. Noise atterzu¢tion can be achieved through the use of bZOCTc walls, berms heavy plank fences, other durabte fencirzg, rzy combinaiiorz thereof acceptable for noise mitigation and aesthetic consideratiorzs. • Thecommon area maintert¢nce fee could be increosed to provide _j�nds for Zong term mazrztenance of the I-I 82 wall 4) PLaaiag • Preliminary plat approval conditions are established to provide developers with some certainty in the development process. • Once approved preliminary plat conditions are to remain in force without ctaa vige for a period o£ £zve years. • The applicant does not object to the need fora phasing plan. • Extensive engineering and technical design work must be complete Following the approved phasing plan. • The park site is located in phase 9 . • Neighborhood parks developed when ubdivision is approximately 50°o built out. Phase 9 iswell beyond the SO% mark. CONCLUSIONS • The subdivision approv¢Z process has been established to pro rride both the community nd developers with a deg ee of certainty irz the deveZopmerzt process. Once approved, it is not appropriate for the GYiy to niLateralZy change devetopmerzt regzairements for ¢ plat However pl¢i phasing can be conside ed a legitimate public concern. The timing and Location of streets, the location and deveZOPment of parks and the extension of utilities are aZZ zmportarzt issues to be corzsidered zn the ¢pprovaZ of a prelimirz¢ry plat With that in mind the phasing plan should be altered to redzaire the park be dedicated in Phase 2 r¢tl zer than Phase A 4 s) Doaioaclov of l.ot las • Lot 128, lies the approximate location where a m jor water line Serving the Chapel Hill development (to the south) is to extend north. - Lot 128, lies in the approximate location where an irrigation line will connect to the west. Easements for utilities that must run between two lots are generally only 20 Feet wide . • The location of storm water retention ponds is determined by construction engineering after preliminary plat approval. CONCLUSIONS • Occasiorz¢ZZy, the development of ¢ subdivision will regZ<ire the corzrzection of utilities through or between Zots. Irz this co sew it is ><rzoum with certainty there will be water and irrigutforz lines in the opp roxim¢te Zocatfon of proposed Zot I28. T%sere a rao certainty that lot I28 will be eded jor storm. wafer retar:tion at the present lima. Z%'�e location of storm water ponds is determined though the engineering design phase ofptat devetopmenf_ • A 20 foot wide easement betweerz o rz the vidnity of Zofs Z28 and Z29 shoutd be regraired for utility purposes_ There is no need to require the dedicatiorz of Zot I28. The deterneination of Iot dedic¢.tion for storm water retention is determined duria a the review of subdfvisiorz construction drawings. 6) 1�pograplaical Error • The applicant identi£aed a typographical error an Condition #38 . • The eastern 2 , 150 of the plat must contain 10,000 square {oot lots. CONCLUSIONS • Development of the plat must confo»r�_ to the underlying zoning. The typograp Mcai error must be corrected to eZfmfnate confusion for development S 2vsrorrsozzrrooD zascrES: l j Fare Co Qe • Appendix D o£ the IFC includes two exceptions dealing with access to developing subdivisions. • The attorney representing the neighborhood appellants failed to disclose Exception #2 to Appendix D of the IFC_ • Exception #2 to appendix D of the IFC permits the development of subdivisions with more than 30 lots with one access point provided °£are apparatus access roads will c nnect witty Future development, as determined by the £rre code of£acialP • The preliminary plat was forwarded to the City Fire department for view and comment; no change an the plat was recommended for emergency vehicle access. • If Phase 4 were not completed timely, secondary emergency vehicle access may be delayed_ • This issue was riot presented to the Planning Commission by the neighborhood. It was presented after the public hearing record was closed . CONCLUSIONS • Most ubdivisions in the City have been developed in phases urith varyirzg rzumbers of Zots. These phases were accessed erzitially by only rze cess road_ A recent example of this as the development of IslarzdcEStates south of Sarzdifir Purl v�ay where several )zu radred lots were irzitiaZZy served by only Valdez Drive, as the subdivision fi.eily developed, additiorzaZ a cess points were added. Desert Plateau was also iaitiaZLy served by only Road 44. • City should reserve the right to regz.eire temporary emergency vehicle access in the event the phasirzg of deveZoprrtent is' delayed. 2j Infrastructure Completion • The City is bound by State law respecting subdivision development. • Preliminary plat approvals are by state law valid for £ave years_ 6 • Preliminary plat approval provides developers with some assurance they can develop their property without changes .being imposed halfway through the process- • This issue as not presented at the open record hearing- It was presented after 'the public hearing record was closed_ • Final plats cannot be approved Washington State mess all infrastructure improvements withinaeach phase have been completed or bonded . CONCLUSIONS pram a preliminary plat is approved by the City Council, a developer is permitted to develop his plat according to the approval coaditiorzs. Plot corzditioas carzrzot be changed for feve years. A developer may develop aLZ or a portiorz oJ' his plat withirz the rive year approval period_ The GYty of compel developer to orr yete v.bdivisiorz urittun five years. Desert Plateau took 20 plus years to j«ZZy develop. The phosirzg plan dictates what impro vemerzts and easemerzts will be provided. 31 Desert Plalcau Drives Desert Plateau Drive extends from Road 36 to the west edge of the Desert Plateau subdivision (see attached map) . • Desert Plateau Drive is a mile long. • No other street in Desert Plateau as as long as Desert Plateau Drive except Road 44 . • Desert Plateau Drive was developed sequentially to allow access to successive phases of the Desert Plateau development. • The connection of Desert Plateau Drive to Linda Loviisa will add additional traf£ac volume to Desert Plateau Drive. CONCLUSIONS • Desert Plateau Drive was desigrzed to caa�J traffic from orze side of Desert Plateau/River Heights to live other., As such Desert Plateau Drive _f rzctions as a local collector street. As tt�e Desert Plateau subdivision deveZoped� Desert Plateau Drive was stubbed out to permit its ptarzrzed extensiorz through succeeding phases urztiZ it reached the west erzd of the subdivisiorz. At the west end of the subdivisiorz. Deseri Plateau Drive was again stubbed out for the purpose of corzrzecting to the fi<tu re street rzetworic to the west. Desert Plateau Drive is clearly more [harz a ZocaZ access street and wos aZw¢ys plarzrzed to be more thou a Zoc¢Z access street. Desert PZa[e¢u was rzot Twwever designed Lo be an arterial street 4) Noiae Mitigation Plaa • The southern boundary of the . proposed plat is adjacent the north lime of Interstate 182 , a six lane freeway_ • In June of 2002 the City Council held orkshop to discuss the mpact of noise on residential development in the I- 182 corridor. The staff report £or treat workshop was provided to the Planning Commission. By c nsensus the City Council determined m June of 2002 that 90dB was a realistic goal For abatement of noise levels along the freeway. • The applicant completed a noise study in June o£ 2004 and provided a copy to City staff_ The noise study indicates noise levels along the freeway range from �O to 77 dBA. • The applicant's June 2004 noise study provides speci£ac height requirements for a sound barrier along the southern boundary of the proposed plat. The barrier is recommended to be 6 to 7 Feet high depending on the location in the subdivision. • The City Attorncy advisee that the determination £or the n ed o£ noise mitigation is within the sound discretion of the Planning Commission and is appropriate include as a condition £or preliminary plat approval. • The applicant acknowledges ire correspondence and ire the appeal that freeway generated noise has an adverse impact on property values_ • The applicant has stated ire reference correspondence and the appeal that it is "highly likely° they °will construct some sort of barrier alorvg° the freeway. • The applicant proposes (in the appeal) They be permitted to determine how best to mitigate Freeway noise ampacts though a variety o£ measures. CONCLUSIONS • T)ve appZicarzt has already completed a - noise study con[¢ining recommerzded mitigation. measures. 8 S) SiQewal>kra • Sidewalks are required to be installed at the time building permits are issued_ • Subdivision development requires sidewalks o arterial stre¢ts to be installed when the arterial streets are constructed . • Sidewalks on local streets in Desert Plateau and virtually every other subdivision in the last 30 years were constructed only when a house was built on a vacant lot. • This ssue was riot presented at the open record hearing. It was presented after the fact. CONCLUSIONS • Pasco has o zue11 estasbZished practice of requiring azZZ sidewalks orz arterial streets (where residerztiuZ Zots bock orz the street) to be constructed azs apart of subdizrisiorz improvemerzts. TY�ere is on eq�<aaZZy well established practice of orzZy requiring sidewalks orz ZocczZ streets when a building is constructed. If this issued had been raised in the open record hearing (which it w notJ staff could have addressed it. SYdewaiks are not built on ZocaZ streets prior to Zot development for a variety of reasons. Constructing sidewalks before homes ore built ates praac-ticoZ dijficuZties for both ttze G4ty and developer. Sidewalks nstailed prior to the corzstructiorz of a house ore often broken rid damaged 6y heavy equipment used in constz-action of the house. Driveway locations are often rzot determined until o home is sited on a ZoL If o sidewalk has beerz irzstalZed prior to that Kme, a portiorz of the sidewalk will need Yo be ripped out orzd replaced urith the driveway secYiorz. Sidewalks installed across vacant Zots are rzever mointoirzed by Lhe abserzt property owner_ Weed arzd litter control [hen becomes a problem for the City to marzage. 6) water Looping • All utilities n ceasary to serve a ch phase o£ a plat are required to be installed or bonded prior to final plat approval_ • The sizing, location and looping of utilities is determined by sound engineering practices. • The Pasco Engineering Department has established standard speci5catioras £or the construction o£ utilities (water and sewer) . • All utility looping is approved by the City Engineer. 9 • Proposed plat c edition # 28 requires the developer provide a security deposit £or any non-looped system left longer than 6 months to insure completion of the water system. • Not all water lines need to be mediately looped through development" Size of the pipe and fare flow demands dictate looping needs" • Redundant looping is oFten only used to control chlorine residual. • The ester line M jave Drives vn Desert Plateau was not looped for more than a dOZan years. • This issue was not presented at the open record hearing" It was presented after the fact" CONCLUSIONS • The GYtg has o proles oZ engirzee>ing staff zhot zs ery copobZe Lines determining where how and under what conditions water should la be looped" • Proposed plot c edition # 28 adegvaatelg responds to the concerns over water Zirze looping. 7) Park Dadicat3oa • The dedication of park sites or fees in lieu o£ dedication as a requirement of development per the municipal code. • Developers have been required to improve the local streets and install utilities around all park sites" • Initial plat phrasings reflects dedication of the park site in Phase 9; this is well beyond the SO% mark of the subdivision development" Neighborhood parks are not constructed until at least 50 percent or more of a given subdivision is occupied with new houses CONCLUSIONS • Neighborhood porJCS are not constructed unZiZ there is sufficient demand for park services o given rzeighborhood. There re gerzeroZZg not suffvcient J" nds ailable to build a pork when the J4rst phase of subdivision is completed" 4VFverz parks are deveZoped the residents of the rzeighborhood are invited to porti pate in Sae planning proress and 10 seZectirzg the egztipmerzt that will be placed in the par><. Dedfcotforz of the park Phase 9 is too tote to provide adege<ate neighborhood park jac-ilitfes at tha mid-development stage. The phasing plan should be altered to reds<ire the park be dedicated in Phase 2 rather than Phase 9. SJ Prcaeatatioa of iniormatioa to City Council All studies, slides maps and other materials comprising the record of the open record bearing on the preliminary plat £or Linda Loviisa were presented to the City Council as Exhibit iR 1 and Exhibit p 2 . CONCLUSIONS • The public rerord materiats w s properly compiled and presented to the City Council in the closed record hearing. The same materials were be provided to the appeZlaais. 9J Local Acccaa Strcct • Desert Plateau Drive extends {om Road 36 to the west edge o£ the Desert Plateau subdivision. • Desert Plateau Drive is a mile long. • No other street in Desert Plateau is as long as Desert Plateau Drive except Road 44 . • Desert Plateau Drive was developed sequentially to allow for access to in successive phases o£ the Desert plateau development. • Desert Plateau Drive s always planned to extend to Future development to the west a • The connection o£ Desert Plateau Drive to Linda Loviisa will add additional tra££ac volume to Desert Plateau Drive. • Linda Loviisa has been speci£cally designed to designed to discourage through tra£Fc on Desert Plateau Drive. • The Comprehensive Plan (TR- 1 -F and TR-4) encourages street design to allow future extension of the transportation system and connections between subdivisions. 1 1 CONCLUSIONS - _ • Desert Plateau Drive was designed to care-y irafjxc from orze side of Desert Plateau/River Heights to the other. As such Desert Plateau Drive fu rzctiorzs a ZocaZ collect street. As the Desert Plateau subdivision developed Desert Plateau Drive was stubbed out to permit its plarzned exterzsion through sv. edirzg phases until it r ched the w st end of the subdivision. At the west end of the subdivision Desert Plateau Drive as again stubbed out for the puapose of connectire.9 to .f<tu re street rzetworlc to the west. Desert Plateau Drive is clearly more iharz a local access street arzd was always planned to be more iho.n a local access street. • The design of the subdivision (Lirzda Loviisa) speciftcaZZy took into consideration the desire of the Desert Plateau neighborhood to discourage traffic from a majority of the new subdivision. 101 Public Notiiicatioa • Public notices a e published at least twice in the Tri-City Herald. Once at least 10 days before a hearing and once S days before the hearing. • Notices are generally mailed to affected property owners on the Friday before the Frst publication in the newspaper. • The nicipal code requires publication in the newspaper 10 days prior to the public hearing (PMC 26.24) . • The timing and property owners required to be notified is governed by the Pasco Municipal Code. It is tnot pr total to establish a different uoti£cation process per individual request. STAFF COMMENTS AND RECOMMENDATION • Staff routinely publishes rzotices of pu bZic hearirzgs the Tti-GYty Herald. Those notices are aZSO mailed to property owners of record shortly before pu bZication in the newspaper. Property owners t��iZZ receive notice arzywhere from two weeks to 10 days prior to hearings. The sation that staff was purposef slZy treating [he Desert Plateau neighborhood unfairly is urzfourzded. 111 Notice o£ tba 1 /20/05 Plaaaiag Commisaioa Maatiag • The original open record hearing for the Linda Loyiisa preliminary plat was advertised for December 16, 2004. 12 • At the conclusion of the 12 / 16/ 04 meeting the Planning Commission closed the hearing and set January 20, 2005 as the date to deliberate and establish findings of fact and a recommendation. • On more representative of the Desert Plateau neighborhood were present at the 12 / 16/ 04 hearing_ • No additional notification for the January 20th meeting was necessary. • Limited public testimony was permitted at the January 20•.^ meeting. • A full view composite drawing of the entire plat was posted on the back wall of the City Council Chambers £or the 1 / 20/ 05 meeting. That drawing clearly identi£ed the line between the 10,000 square £oot lots and the '7,200 square {of lots. • A large scale section of the plat showing the correct location of the smaller lots in the western portion of the plat w s posted on the back wall of the City Council Chambers Tor the 1 / 20/ 05 meeting. CONCLUSIONS • The PZurznirzg Commission routinely corztinues agerzda items from one month to the rzext. The original rzotice for a h�orirzg is sufjicierzt Yo rzotijy the pu bZic of the hearirzg or meetirzg. Those that are concerned attend the riginal m eting arzd are provided notice by Ptarznirzg Commissiorz motiorz of charzges or additional meetings. A rep reserztative of the rzeighborhood was preserzt at the I2/ 3 6/ 04 meeting • Out of fairrzess to the reeighborhood [ham I/20/ 05 meetirzg was operzed for limited public c 32/ I6/ 0 the Y/ O e t specijzeceliy on the issued of lot sized as ed at 4 meeting. It was noY appropriate to reopen the - hearing jor new testimony. 12) Plaasiug • The developer submitted a phasing plan similar to the phasing sequence that was used in both the Sunny Meadows subdivision and the Island Estates subdivision_ • The developer's preferred phases plan as designed to minimize dust and litter impacts on properties within the proposed subdivision. • The developer proposes the park site to be in phase 9 . • Plat Condition 14 addresses the time of paved access point in relatior. to the number o£ developed .lots. 13 • This issue was not presented at tlac open record hearing. It was presented after the Fact. CONCLUSIONS • Aho constrnctiorz has developed over SOO acres in the Zost SO years. Every Aho subdivision h¢s been developed from the west to east. This phasing' sequence elimireates the problems of WZ Luirzg dust ar Cl Litter for new home owners. The pho_sirzg also permits the corztirzued use of the vacarzt Zarzd for agricuZtu ral production. The 1 h1 sirzg of past ubdivisiorzs has rzever caused concern jor residents of the CYty� irz fact it has avoided them. • City should reserve the right to require temporary emergerzcy vehicle access irz the event th.e phasing of development is delayed. 13) Impact Fcca • Under State law preliminary plats 'are vested witty sped to code changes at the time the plat application is aubmittcdQ • Park fees increase annually by • TrafFc impact fees a currently assessed through the SEPA process and are made a condition of preliminary plat approval. • Under State law plat approval conditions cannot change £or a period of £ve years. • Current tra££ac ampact fees are based on a study prepared by SCM Engineering. • The City lass no school impact Fees. CONCLUSIONS • Once a preliminasy plat has beerz approved the developer has five- years irz which to build his plat urzder the subdivision reguiatiorzs that were irz place at the time the preliminary plat applicotiorz was jzied. By state law the City cannot require a developer to comply with regulations that were enacted der plat approval. • Regulations including impact fees can be added or changed if the fees are tied to building permits rather than subdivzsiorz improvements. • The C'ity's park jee increases annually by 3.25 percerct. Park fees are assessed at the time of building permit appro vaZ unless a developer has 14 previously dedicated a site for -a park. T➢�.e traffzc impact fees included in plat app rovaZ corzditions of cannot be increased_ The City may be able to charzge fees that are tied to building permits • Park f e nd trajfzc impact f e currently being assessed f r alt new deveZopmerzts_ The park fees or dedications are keeping pace urith cv.rrerzt park developments_ The nt traffic fees uriZZ ultimately provide the Ji<ndirzg needed zdenNjied traffic signal needs in tYee I-] 82 cro rridor. 15 RESOLUTION NO. A RESOLUTION approving a planned density development preliminary plat £or Linda Loviisa WHEREAS. RCW 58 . 1 '7 enables the City io uni{rmly administer the process of subdividing property £or the overall welfare of tlae community; and, WHEREAS, owners and developers of property situated in a portion of the east half o£ Section 15, Township 9 North, Range 29 East, W.M . have requested approval of a preliminary plat; and, WHEREAS. the Planning Commission has reviewed said preliminary plat which is named Linda Loviisa; 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; WHEREAS. the applicant and some adjoining property owners appealed the Planning Commission's recommendation; WHEREAS, the City Council held a closed record hearing to review the Planning Commission recommendation and sound that the record supported approval of the proposed preliminary plat For Linda Loviisa with additional conditions; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCOa That the preliminary plat for Liizda Loviisa located in the east half of Section 15, Township 9 North, Range 29 East W.M . , is hereby approved with tkae Following conditiors: 1 ) Lots abutting Burden Boulevard and Madison Avenue shall not have direct access to those streets. Access shall be prohibited by means of deed restrictions or statements on the £ace o£ the 5na1 plat(s) . 2) Lots abutting the Pasco Soccer Complex shall not have direct access to the Soccer Complex. Access shall _ be prohibited by means of deed restrictions or statements on the fact of the £nal plat(s) . 3) The developer shall prepare a noise mitigation plan and must certify the lots in the plat which are impacted by noise levels above 70 decibels will be mitigated to less then the '70 decibel level to the satisfaction of the Community Sc Economic .Development Director. 1 4) The £roe acre park within the plat must Be dedicated to the City in phase two. S) The developer shall provide one s r stub, o rrigation stub and a potable water stub to the {ve acreepark. The park site must be graded and mulched to control blowing dust. 6) The developer/ builder shall pay the City a park fee or $2S0 per lot upon issuance o£ building permits for homes. 7) The developer/ builder shall pay the "tra£{IC mitigation 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 traf£ac impacts on the circulation system within the I- 182 corridor. 8) The developer shall install a c mon Estate type Fence (not wooden) 6 feet height adjacent the rear line o£ all lots backing on Burden Boulevard and Madison Avenue as a part of the infrastructure improvements associated with each phase abutting said streets. Prior to installation the City must approve said fence. Consideration must be given to the vision triangle at the intersection of streets. The City may make repairs or replace the fencing as needed. Property owners adjoia-sing said Fence shall be responsible £or payment of all costs ociated with maintenance and upkeep. These fencing requirements shall be noted clearly on the Face of the £veal plat(s) . A concrete mow strip shall be stalled under any common Fence as directed by the Parks Department and shall be approved by tho Parks Department prior to installation. 9) A masonry block wall shall be installed along the rear lot lines o£ all lots abutting City of Pasco Soccer Complex in addition to Lots 1 thx 3 and 53 thru 55 as shown on the revised Preliminary Plat dated January S, 2005 . The City and developer shall share in the cost of a six foot block wall with half the cost contributed by the city. The city shall be esponsible for the full cost of the portion of tln wall in excess of six feet, if more than feet as required . The City shall make repairs or replace the wall as needed. 10) As per the noise mitigation study required in condition # 3 the developer shall mitigate noise along all lots abutting I- 182 ncluding lots 406 thru 410 through the use of block walls, berms, durable fencing materials or any combination thereof. Prior to installation the 2 City must approve said noise mitigation devices for aesthetic and durability c nsiderations_ The City shall make repairs or replace the wall as needed . 1l ) All corner lots and other lots that pr sent dif{culties For the placement of yard £eating shall be identified inethe notes on the face of the £nal plat(s) . 12j All intersections will require etback lines £or appropriate sight distances. No fences, utility vaults, pedestals or other obstructions will be allowed in this area. la) Tracts °A" and °B^ shall be dedicated to the City_ 14j Construction phasing shall follow the phasing plan submitted accept as modified herein . When development, exceeds 200 lots, 2 paved access points will be required From Burden Boulevard, one o£ which must be Madison Avenue. Madison Avenue shall not be split north and south by any phase . The City reserves the right to require temporary emergency vehicle access in the event phasing of the development is delayed_ 15) Excess right-of-way along Burden Boulevard and Madison Avenue must be landscaped_ Said landscaping shall include irrigation, turf and trees_ The species of trees and spacing will be determined by the Parks Department All landscaping and irrigation plans shall be r wed and approved by the Parks Department prior to installation. Waier usage £or City Right of Way landscaping shall come {om a source as approved by the City of Pasco with the connection and meter fees paid £or by the developer. 16) The developer/ builder shall pay the City a °common area maintenance tee° of $465 per lot upon issuance of building permits for homes. "Common Areas" shall include the I- 182 sound wall, the soccer complex wall and the landscape corridor improvements along Burden Boulevard and Madison Avenue. The City shall not accept maintenance espoasibility for the landscaping abutting said streets until such time as all fees are collected for each phase that abut said streets_ 17) Lots 609 , 610 Sc 611 shall not have access direct access to Madison Avenue . Access to these lots shall be by means of an easement along the rear lot lines. Maintenance o£ this access asement shall be the responsibility o£ the owners o£ said lots. Thise requirement shall be clearly noted on the £ace of the final plat containing said lots_ 3 18) Lots 59 , 60, 114, 115, 129, 130 and 410 shall not have direct a ess to the pathway adjacent these lots. Access shall be prohibited by m o£ deed restrictions or statements on the {ce of the final plat(s) .eThe developer shall install a common solid fence 6 feet in height reducing to 3 feet in height in the {ont yard areas adjacent the side line of said lots in conjunction with the construction on each lot. Prior to installation - the City must approve said fence. Property owners adjoining said fence shall be responsible for payment of all costs associated with maintenance and upkeep. These fencing requirements shall be noted clearly on the face of the Rnal plat(s) . 19) The developer shall -nstall a common solid fence 6 feet in height reducing to 3 feet in height in the £rout yard areas along the west line o£ the 20 foot easement across lot 410. Prior to installation the City must approve said fence. This easement is to be paved full width with the cross section to be as directed by the City Engineer. 20) Burden Boulevard, along the entire length of the preliminary plat, shall be constructed with curb, &titter, asphalt and right of way dedication i conjunction with the first phase of development. All necessary utilities that are required and/ orneed to be extended in and/ or across Burden Houlevard shall be done prior to paving. All intersections abutting Burden Boulevard shall be constructed co junction with the £arst phase of development. Improvements along Burden Boulevard shall be developed to full standards with the subdivision phase plans or as directed by the City of Pasco. 21 ) The undergrounding or the existing powerlines alongBUrden Boulevard is to Be done in conjunction with an agreement between the City of Pasco and Franklin County PUD. The developers) o{ this plat will Be required to coordinate their compliance with these agreements) between the City of Pasco and Franklin PUD . Reimbursement to the City of Pasco £or this work shall be the amount of $'76,064 .00 (seventy six thousand sixty four dollarsnand aero cents) . The under grounding of existing and future power lines will be required along any other location within the con£lnes of the proposed plat in a time and manner as directed by the City of Pasco. 22) All storm water is to be disposed of per City and State Codes and Requirements. A storm water plan is required to be submitted and approved (PMC 26.24 .40) . Due to storm water run off concerns all lots that abut the bottom of a hillside shall Be raised a minimum o£ 2 Foot above the curb line to protect from runoff overflow. 4 23) A utility 20 foot e nt shall be provide between Lots 128 and 129 The easement shall connect with the existing pipe line crossings of I- 182 . The utility easement between said lots must be paved to serve as a pathway leading to the bike path adjacent I- 182 . A 20 Foot easement along the eastern portion or lot 410, on the revised Preliminary Plat dated January S, 2005, is required £or access to a City owned irrigation well site. - 24) The developer shall insure active and ongoing dust and litter abatement activities during the nstruction of the subdivision and construction of the houses thereon. 25) The developer will be required to provide a deposit to the City of Pasco to allow the City o£ Pasco to hire a surveying company to perfo�-ram topographic surveys of ttae constructed utilities including manhole lids and flow line elevations, location o£ sewer stubs, water valves, water meters, i rigation valves, a rigation services, storm water catch basins, street lights, £are i-aydrants rmonuments and other pertinent information deemed ssary, to the atisfaction o£ the City of Pasco. The developer ewill be requireds to provide as-built drawings For the mainder of the vmpr nts. The City of Pasco c retracted surveyor will be given an electronic copy o£ the design drawings to then i ert their Endings from the topographic survey. N as- built/ record drawings will be accepted and approved by the City of Pasco until such time as they meet the requ nts of and are to the satisfaction o£ the City Engineer. The developer required as-built/ record drawings must be accepted and approved by the City of Pasco, pursuant to PMC 26.28 .050. 26) At the time lots a e developed all abutting r ads and utilities shall be developed to City standards. This includes but is not limited to water, irrigation red wer lines, streets, storm water, City hydrants and streetligrits. All type, size and installation or any City utility shall be according to the latest City of Pasco Construction Standards or as approved by the City Engineer. Sidewalks must be installed no later than the time each lot is developed witri a house. All handicapped sections and the sidewalks on Madison Avenue must be completed with the street and curb improvements prior to £anal plat approval £or phases abutting said streets. Water utility mprovementa shall nclude necessary pressure reducing valves andl utility extensions/ looping as approved by the City Engineer. Any crosaing o£ the gas linee meat will equire approved sleeving to the atisfaction o£ the gas company and the City of Pasco prior to construction. 5 27) All streets a e to be developed to City Standards and/ or as directed by the City Engineer. Street grades for all arterial and collector roads shall of teed 6 percent. Interior local access street grades shall noC exceed 10 percent. All intersections will require setback lines £or appropriate sight distances. No fences, utility vaults or pedestals, o other obstructions will be allowed in this area. Approaches to intersecting interior streets shall not exceed 2% and any street ntersecting an arterial. or collector street shall be o% coming out of the toe of the slope_ All temporary streets will be required to have a paved turn around ( 1 ° paved surface on 2" of rock) at the end of the street to the satisfaction of the City Engineer. 28) All water lines must be extended through the length o£ each proposed plat. No phase can be left For than 6 months without the subsequent looping of each system with the existing City o£ Pasco water system_ The developer will be required to deposit funds £or any n - looped system left longer than 6 months with the City of Pasco to assure the completion o£ the water system . No water valves/ meter boxes are to be located in any easement/walkways. 29) All water, storm, i rigation 8s sewer line(s) , size(s) , type and associated appurtenances to be stalled as per the most current City o£ Pasco Construction Standards and/ or as directed by the City Engineer. 30) Irrigation mainlines shall be vnstalled throughout the entire proposed plat o£ a size suff cient to service each and every currently proposed/ future proposed lot pursuant to PMC 26. 04 . 116. Additional mainlines, as directed by the City Engineer, may be required to be installed . The developer shall install a properly designed iv-v-igation system witl-v stubs to all lots an the subdivision for future v rigation needs. All easements/ right of ways 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. In co junction with the £arst phase, 2 additional irrigation mainlines will be required to be installed in addition to any other lines that may be required/ needed with that phase_ The £rst line, minimum 12° inch, shall be installed from the existing well, located the proposed park, weat to connect to the existing irrigation m mine running north/ south along the east edge o£ the Soccer Complex avThe second line, minimum 12'; shall be installed From the same well to the north to connect to the existing i rigation mainlines) located on the north side of Burden Boulevard. These lines shall be installed as directed by the City Engineer. Any existing irrigation pipe of n use is to be removed at the owner/ developer's expense to 'the satistaction of the City Engineer. 6 31 ) Arty and all utilities shall be located as directed by the City Engineer. This shall include but not limited to gas, phone, power, cable and all other utilities located within or adjoining this proposed plat. Any existing utilities that present difllculties shall be relocated at the developer's xpense, pursuant to the City Engineer's direction_ All utility plans, including tlae - above mentioned, are required to be submitted to the City of Pasco prior to subdivision approval. 32) The developer shall be responsible for all costs associated with construction inspection service expenses incurred by the City of Pasco Engineering Department. 33) All engineering designs for in{restructure and £veal plat drawings shall utilize the publi slued City of Pasco Vertical Control Datum and shall be identit3ed on each such submittal_ 34) Any and all water rights a oeiated with this land, along with any wells, - pumps, pipe, associated electrical systems) and appurtenances shall be conveyed to the City prior to subdivision construction plan approval of the first phase_ If no water rights are available to transfer to the City the property owner/ developer must pay a water right fee of $ 1 ,500 per acre in lieu thereof. The Public Works Director may waive the fee if the developer races a soil additive in the ground that provides 30 etention of i rigation water. If the rat owner/ develope wishes to retinue Co utilize ater from tlae ells) for farming purposes an agreement ay be negotiated with the City of Pasco For joint water usage within the preliminary plat boundaries. 35) The £real plat shall contain 10-f6ot utility easements parallel to all streets. An additional 15' foot easement shall Be provided as needed by the PUD (an initial submittal from the PLID indicated that the South Side of Burden Boulevard , the east side of proposed Lansing Street crossing to the south side of Salem Drive and turning west on the east aide of Providerace Street and traveling south to Pierre Drive then turning east on the north side of Pierre Drive to the eastern edge of the plat then traveling north to the north and east side of Madison Avenue and then back to Burden Boulevard. All other Right of Way/ easement widths are to be as directed by tlae City of Pasco. 36) The Rnal plat shall contain the following Franklin County Public Utility District statement: "The individual or c mpany making improvements n a lot or lots of this plat is responsible for providing and installing all trench, conduit, primary vaults, secondary junction boxes, and back5ll for the PCID 's primary and secondary distribution system in 7 accordance witty PUD specifications; said ndividual 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." 37) The final plat shall contain the following atatemeat: °Irrigation service lines are currently available to lots within this plat; however, water for the a rig system may not currently be ailable. The City of Pasco s constructing its .irrigation anfrastructureaon an ongoing basis. The use of the system will become available as time and r ources permit the expansion and connection o£ new aystems to the existing irrigation supply." 38) Street lighting will be it ata.11ed directed by the City Engineer. Residential street lights are typically nstalled every 300 feet and collector/ arterial type streets are typically installed every ISO feet. 39) All lots within the eastern 2 , 150 Feet of the plat must conform to the 10,000 lot requirements o£ the underlying zoning. 40) Desert Plateau Drive must be barricaded prior to the construction of the First Phase of the plat. Said barricade is to remain in place until Madison Avenue is netted with Road 44 south of the Desert Plateau subdivision RThe barricade must extend the full width o£ Desert Plateau Drive and be design to meet the requirements o£ the MUTC manual. 41 ) A "revised° preliminary plat incorporating all changes and modifications, including phasing, approved by the City shall be submitted within 30 days of preliminary plat approval. The documents must be submitted in both paper and an electronic format acceptable to the City Engineer. Passed by the City Council of the City of Pasco this 21 at day of March; 2005. Michael Garrison, Mayor ATTEST: APPROVED AS TO FORM : Sandy Kenworthy, Leland B. Kerr, City Attorney Deputy City Cleric 8 - = avw:+cv:E:a owv_E -- --J € . _ _ - ---- Eli ME �A�.oRO oatiE . : . -- = a - - -U, n _ AOENDA REPORT NO_ 17 FOR. City Council DATE: 3 / 16/ 05 TOO Gary Crutchfiel�anagar WORKSHOP: Richard J . Smit actor REGULAR: 3 / 21 / 05 Community and .ECOnomic Development FROM: David I . McDonald, City Planner 'r--r._� SUBJECT: SPECIAL PERMIT: Container Storage Unit in a C- 1 Zone at 907 W Court Street (Garibaldi s Restauran C) (M F# 04- 179-SP) I_ REFERENCE(Sl: A. Report to Planning Commission: B . Planning Commission Minutes : Dated 1 / 20 / 05 8� 2 / 24 / 05 II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: MOTION I love to approve the special permit for a container storage nit at 707 West Court Street, as recommended by the Planning Commission. III_ FISCAL IMPACT: NONE IV_ HISTORY AND FACTS BRIEF: A_ On January 20 , 2005 the Planning Commission conducted a public hearing to determine whether or not to recommend a special permit for the location a container storage unit at 707 West Court Street. B. Following c nduct o{ a public hearing, the Planning Commission asonad thatowith conditions, a container storage nit uld be located at 707 West Court Street. The recommended conditions are contained in the attached Planning Commission sport. C. No written appeal o£ the Planning Commission's recommendation has been received. V_ DISCU38ION: - VI_ ADMINISTRATIVE ROUTING: lO�a� REPORT TO PLANNING COMMISSION MASTER FILE NO : 04- 1 �9-SP APPLICANT: Garibaldi Restaurant HEARING DATE: 1 / 20 / 05 '70"7 W . Court St. ACTION DATE: 2 / 24/ 05 Pasco, WA 99301 BACKO ROVND REQUEST: SPECIAL PERMIT: Container Storage Unit in a C- 1 District. 1 . PROPERTY DESCRIPTION- Leeal: Tax Parcel #i 113-394-325. General Location: '70'7 W. Court St. Property Size: 27 ,000 sq. ft_ 2 . ACCESS= The site has access from Court St. and 5'T' Ave . 3 . UTILITIES_ Water and sewer are available to the site . 4 . LAND USE AND ZONING- The property is currently zoned C- 1 (Retail Business) and developed with a restaurant Surrounding properties to Che east, west and south are zoned C- 1 . La Clinic- is located to the east, Junior's Tacos and the Community Action Council building are located to the south and there is a vacant lot located to the west_ The property to the north is zoned R-3 (Medium Density Residential) and contains the La Clinic— parking lot. S . COMPREHENSIVE PLAN. The Comprehensive Plan designates the sites for commercial uses . The Comprehensive Plan does not speci£vcally address the siting o£ container storage units_ Policies of the plan encourage compatibility between land uses and harmony between existinag and proposed development. 6 . ENVIRONMENTAL DETERMINATION- This proposal has been issued a determination of non-signincance in accordance with review under the State Environmental Policy Act (SEPA) , Chapter 43 . 21 (c) RCW_ t ANALYSIS The applicant located a cargo (shipping) container behind Garibaldi Restaurant on West Court Street For storage purposes. Due the. fact that the cargo container was located in a C- 1 zone without approval, the property owner was issued a citation for code violation. Cargo containers £all under the definition of container storage within the Pasco Municipal Code (PMC 25. Z2. 430). Container storage is def'aned as a unit riginally or specifically used or designed to store goods or merchandise during shipping or hauling by a vel-iicle, including but not limited to rail cars of any Kind, trucK trailers or multi-modal shipping containers. Container storage units (c rgo containers) are my permitted as an ssory use the C-3 (General Business) district aid all mduatrial districts Ce They ay lbe located in a C- 1 zone subject to the approval of a special permit. While there are no specific design standards for development in C- 1 districts, the very nature o£ the C- 1 zone sets it apart From other commercial classi£cations. The C- 1 district is oriented toward indoor retail and service activities . The display of goods £or sale out-o£-doors or the storage items out-of- doors generally does not occur in C- 1 districts. The C-3 district permits outdoor sales of goods and ervices. Because o£ that distinction, container storage nits are permitted s C-3 zones as a permitted accessory use . Contain Pr storage units are sot granted the same privilege in C- 1 zones. The community has made a consistent effort over the. years to enhance the overall appearance of commercial areas. Landscape regulations, parking lot regulations and outdoor storage regulations have all been improved in the last 10 years or so. Nearby property owners including Garibaldi Restaurant, as-well-as La Clinics, Junior's Tacos and Davidson Law Office have all invested in property mprovemen is o r recent years. The 40 Foot cargo c Wismar located behind Garibaldi Restaurant does of support mmuaity e£FOrta to Whence the appearance of the City n r does it support the efforts of n arby properties that have invested in property improvements. The applicant's cargo container is basically a metal box that does not conform to the architecture of the principal building on the site and is more suited for a location in an industrial zone. INTIAL 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 o£ the staff report. 2 The Planning Commission may add additional Endings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1 ) Garibaldi Restaurant located a cargo container at 909 W. Court St. without a permit; 2) The property is zoned C- 1 ; 3) Surrounding properties to the east, w st and south are zoned C- 1 ; 4) Nearby property owners have made improvements to their properties over the last few years; S) Container storage units (c rgo containers) re only permitted as an accessory use in the C-3 districts and all industrial districts; 6) The C- 1 zoning permits primarily indoor retail and service activities; 9) The existing building on the property in question has a masonry exterior with a Spanish tiled facade; 8) The cargo container is exceptionally long in proportion to its width and does not have the typical look o£ a site-built storage building; 9) La Clinica directly. to the east of Garibaldi ' s a stucco building; 10) Cargo containers have an industrial appearance; - 11 ) The Comprehensive Plan identifies the area for commercial uses; 12) The Comprehensive Plan does not speci£cally address storage containers; 13) A storage container will have minimal demands on city infrastructure . CONCLUSIONS BASED ON STAFF FINDINC*0 OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop Endings of fact from which to draw its conclusion based upon the criteria listed in P.M .C . 2S_86.060 . The criteria are as follows: Z) WiLZ the proposed use be in accordance with the goals, poZic-ies, objectives arzd team of the Comp re herzsive PZarz? - The site is designated {or commercial uses by the Comprehensive Plan . The plan does not speci5cally address storage container issues. 2) Will the proposed use adversely affect public infi-ostru.ctu re? The proposed use will leave minimal demands on public infrastructure. 3J Wxtl the proposed use be constructed, mairztairzed and operated to be in harmorzy urith existing or intended character of the gerzeral vicirzity? 3 The area is zoned C- I nd designated for ommercial uses by the comprehensive plan. A metal cargo container £its with the character of an industrial area. The intended character of the area does not include industrial metal structures. The shape and size o£ the cargo container xs much di{ferent than a typical site-built storage building. 4) Will the location and height of proposed structures arzd rtes site desigrz discourage the deveZopmertt ofpervreitted uses on property in the general vxc-iniYy or impair the vaZua thereof? The design o£ the c stainer is not in harmony with the design directltl the principle building on the site or with the La Clinics building y to the east. The container is also not in harmony with the residential properties located to the north and west. To be xn harmony with the surroundings the container would need to be re-sided to look like a site-built storage building. SJ Will the operatiorzs in corznection with the proposal be more objectionable to rzearby properties by reason of noise, .f mes vibrations, dust, trafjxc, or flashing lights than would be the operatiorz of any permitted uses withirz Lhe district? The storage container will not create noise, dust, fumes, vibrations, o additional traF£c but can be objectionable to adjoining properties due to the industrial look o{ the container. 6J WiZZ the proposed use endanger the public txe¢Ith or s¢feig if located arzd developed where proposed, or in anyway will become a nuisance Yo uses permitted irz Ytxe district? The unsightly ndustrial look o£ the storage container will become a nuisance to development within the area. RECOMMENDATION MOTION for Findings of Fact: I move to adopt findings of fact numbers (list the ¢umbers) and conclusions therefrom as contained in the staff report. MOTION for Rccoaamcadatioa: I move, based on the findings of fact and c nclusions there From the Planning Commission recommend the City Council grant a special permit to Garibaldi Restaurant for a container storage unit at '707 W. Court Street with the conditions anclud ed in the staff report: 4 (P dl A vai Coaditioas lJ The special permit is personal to the applicant; 2) The applicant must submit plans and obtain a building permit for the placement of a storage unit at '70'7 W. Court Street within 30 days of City Council approval of a special permit; 3) Plans For the modi£cation and improvement of the argo container ust be approved by the Community Sz Economic Development Director prior to issuance of a building permit; 4J The cargo container must be re-sided to match the design, materials and color o£ the principle building on the site. The re-siding and design Features must also apply to the cargo doors; SJ Once improved , the cargo container must be indistinguishable from a site built storage building; 6) The special permit shall become null and void if the applicant has not obtained a building and completed the improvements within 90-days o£ City Council approval of the special permit; '7) The cargo container must be set back from the north property line by a minimum o£ S feet. 8) IC the applicant {ails to abide by the conditions o£ special permit approval tine argo container must be removed from the properly within 90 days- 5 VICINITY MAP ITEM : SPECIAL PERMIT Container Storage in C - 1 Zone APPLICANT : Ogribglai ' s Restaurant FILE #: MF #04 — '179 — SP R Y T W . RUBY ST Q S f-- i1 J Z SITE W _ COURT ST w z f- z LAND USE M A P ITEM : SPECIAL PERMIT Container Storage in C - 1 Zomi APPLICANT '_ 0ariboldi ' s Restaurant FILE #: MF #04- 179 — SP �a ST 65;- W . RUBY ST v ,��, Q gS = F- Lf7 -S1 Z 6{' �g�w SITE G~ W . COURT ST C C in sin le a ily w ui d Ap S z ZONING MAP ITEM : SPECIAL PERMIT Container Storage in--Q-- 1 Zone APPLICANT: Coriboldi ' s Restaurant FILE #= MF #04 - 1 79 — SP w W . RUBY ST Q z T / SITE W . COURT ST 41- 1 Q C 1 F7Tffm I I i z REGULAR MEETING Jaa»ary 20, 2005 PLANNING COMMISSION MINUTES JANUARY 20, 2005 D- Public Hearing: SPECIAL PERMIT- C t i r Stora¢e Unit i a C- 1 Zone at '70'7 W Court Str¢¢t. /G ib ldi' R t t1 IMF# 2004- 1'79-SPl Acting Chair Smurthwaite read the master £le number and asked {r the Staff eporC . Sta££ stated olice o£ this hearing was published the paper arxd ailed adjoining property ers . The hearing a origirvally cheduled {� last month . 1'ha applicant w out o£ Cown, there{ore, true items as continued For one month. This requesC for the location o£ coat xa"rver storage nit behind Garibaldi's restaurant at the corner of and Court Street. Container storage uniC are not permitted out-right in the C-- 1 l zone , they are required to be eviewed ihrouglx the spacial permit process . SCa{{ r viewed the written report For the bene£t of the Planning Commission including the initial tlndin gs o£ £acl and conclusiorxs . Acting Chair Smurthwaita asked if there were any questions o£ StaFF_ There was none. ACTING CHAIR SMURTHWAITE OPENED THE PUBLIC HEARING AND ASKED IF TH EAE WAS ANY ONE PRESENT THAT WISHED '{O SPEAK ON THIS MATTER. Miguel Fletes, 4112 Meadow Beauty, owner of Garibaldi made himself available to answer questions . - Acting Chair Smurthwaita asked i£ he was willing to make upgrades to that sCructure. Mr . Flares answered ha was willing to make upgrades . Commissioner Little asked iF Planning Commission were asking him to do more than just paint it . S tafF answered yes . Commissioner Mosebar stated that it seems appropriate to have Garibaldi align it with the builairxg. Acting Chair Smurthwaite asked if the exterior of the shipping container could be matchea to the building. Staff answered it could have a {aux stucco exterior parnted that would match. Andy Anderson staled whatever is necessary to mane it invisible, needs to be part o£ the conditions . Commissioner Rosa moved to close the public hearing £or special permit application, initiate deliUarations and schedule adoption of £endings of fact, and recommendation to City Council for the February 24, 2005 meeting. Commissioner Mosebar seconded, motion carried . Staf£ explained the appeal process and stated this item. would go before the City Council on February 24th. RE6ZJLAR MEE"rIN6 February '24, '3005 PLANNING. COMMISSION MINUTES FEBRUARY 24. 2005 CALL TO ORDER: A_ Old Busiaass: SPECIAL PERMIT- C taivar Storaae in a C- 1 Zo t '70'7 W C rt Streai /Garibaldi•s R t t IbtR N04„t,,,l'79-SPl Acting Chair Smurtl-awaite read ttae mastari£le r1Ux }berand asked for tlae Sta f£ report. - Sta£{ reported that last month a pubhrhiear�rag was� held nn. this item. At that time testimony From sta££ and the applicant`'- was received, there were no adjoining property owners present_ The hearing was closed and,:deliberations were scheduled For February 24�. Staff recommended. the storage container, be required to be re-side so that it will look similar m appearance to the main structure - Garibaldi's. In addition, s aff is recommerading the shipping container be setback rave Feet £rom.;the north property line[ '.. Acting Chair Smurthwaite asked of there were as�,y .que stions of StafF. Commissioner Hay asked aF thee were,', any comments from surrounding property owners since the last meting. . Staff replied there were none Commissioner Aaderson _ixioyed the Planning Commission adopt the Findings of Fact ( 1 -61 and conclusidns tYae a £a-omas contained in the staff report_ r Commissioner Hayseconded, motion carried unanimously_ Commissioner Anderson moved based:.: ore the Endings of £act as adopted, the Planning- Commission reG4mmend tkia City Council grant a Special Permit to the. Craribaldi's Restaurarit. far a container storage unit at 909 W Court Street witli.':conditions as coratainedm the staff report. Commtssioner Anderson seconded, motion carried unanimously. Staff explaitt�ga the appeal :ppacess and stated this item would go before the City Council in Marchx-„