Loading...
HomeMy WebLinkAbout2008.10.06 Council Meeting Packet AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. October 6,2008 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance. 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion(in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Councilmembers or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. (a) Approval of Minutes: 1. Minutes of the Pasco City Council Meeting dated September 15, 2008. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) 1. To approve General Claims in the amount of $1,966,414.75 ($167,582.25 in the form of Wire Transfer Nos. 5053, 5057 and 5060 and, $1,798,832.50 consisting of Claim Warrants numbered 168008 through 168288). 2. To approve Payroll Claims in the amount of $1,799,425.68, Voucher Nos. 38668 through 38839; and EFT Deposit Nos. 30025350 through 30026110. (c) Bargaining Contract for Public Works and Facilities Maintenance Employees: 1. Agenda Report from Lynne Jackson, Human Resources Manager dated September 15, 2008. 2. Proposed Collective Bargaining Agreement, (Council packets only; copy in Human Resources Office for public review). To approve the Collective Bargaining Agreement with the International Union of Operating Engineers, Local 280 and, further, authorize the Mayor to sign the agreement. *(d) Dedication of Right-of-Way at Road 52 and Sandifur Parkway: 1. Agenda Report from Robert J. Alberts,Public Works Director dated October 1, 2008. 2. Dedication Deed. 3. Vicinity Map. To approve the Dedication Deed from Richard J. and Margery Schmidt and acceptance of Right- of-Way at the northwest comer of Road 52 and Sandifur Parkway. *(e) Final Plat: Mediterranean Villas Phase 5(Fortunato,Inc.) (MF#FP08-010): 1. Agenda Report from David I. McDonald, City Planner dated October 1, 2008. 2. Final Plat (Council packets only; copy available in Planning Office, the Pasco Library or on the city's webpage at wwwpasco-wa.gov for public review). 3. Vicinity Map. To approve the final plat for Mediterranean Villas Phase 5. *(f) Resolution No. 3105, a Resolution accepting work performed by J&B Construction, Inc., under contract for the Road 68 Reservoir Site Improvements (Landscaping),Project No. 07-2-06. 1. Agenda Report from Michael McShane, City Engineer dated September 29,2008. 2. Resolution. To approve Resolution No. 3105, accepting the work performed by J&B Construction, Inc., under contract for the Road 68 Reservoir Site Improvements(Landscaping),Project No. 07-2-06. *(g) Resolution No. 3106, a Resolution of the City of Pasco, Washington fixing a time and place for hearing on the final assessment roll for Utility Local Improvement District No. 143, and directing that notice thereof be given in the manner required by law. 1. Agenda Report from Doyle L. Heath,Utility Engineer dated October 1, 2008. 2. Resolution. 3. Vicinity Map. 4. Boundary Map. To approve Resolution No. 3106, setting 7:00 p.m., Monday, November 3, 2008 as the time and date to conduct a public hearing to consider the Final Assessment Roll for ULID No. 143. Regular Meeting 2 October 6,2008 *(h) Resolution No. 3107, a Resolution fixing the time and date for a public hearing to consider the vacation of a portion of Lindsay Avenue. 1. Agenda Report from David I. McDonald, City Planner dated September 30, 2008. 2. Proposed Resolution and Vicinity Map. 3. Vacation Petition. To approve Resolution No. 3107, fixing 7:00 p.m., November 3, 2008 as the time and date for a public hearing to consider the proposed vacation. *(i) Resolution No. 3108, a Resolution fixing the time and date for a public hearing to consider the vacation of a portion of Road 32. 1. Agenda Report from David I. McDonald, City Planner dated September 30, 2008. 2. Proposed Resolution and Vicinity Map. 3. Vacation Petition. To approve Resolution No. 3 10 8, fixing 7:00 p.m., November 3, 2008 as the time and date for a public hearing to consider the proposed vacation. (tc) MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) "Yard of the Month" Awards. (NO WRITTEN MATERIAL ON AGENDA) The following Pasco residents have been invited to attend the Council meeting to receive Certificates of Appreciation from Mayor Joyce Olson for"Yard of the Month,"September 2008. 1. Robert Hackwith, 420 N. 8'b Avenue 2. Greg and Rose LeBrun, 612 Road 36 3. Scott and Kelly Schadler,4306 Riverhill Drive 4. Chad and Stephanie Roan, 10420 Aspen Loop (b) "Business of the Month" Appearance Award. (NO WRITTEN MATERIAL ON AGENDA) The following Pasco business has been invited to attend the Council meeting to receive a Certificate of Appreciation from Mayor Joyce Olson for "Business of the Month Appearance Award" for September 2008. 1. Burger Ranch, 108 S. Oregon Avenue 5. VISITORS -OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers (b) (c) 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (None) 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Q*(a) Ordinance No. ,an Ordinance of the City of Pasco, Washington, amending the Zoning Classification of Lots 3 and 4 of Binding Site Plan 95-05, from C-1 (Retail Business) to BP (Business Park). 1. Agenda Report from David I. McDonald, City Planner dated October 1, 2008. 2. Proposed Rezone Ordinance. 3. Planning Commission Report. 4. Planning Commission Minutes dated 8/21/08 and 9/18/08. MOTION: I move to adopt Ordinance No. , granting a rezone for the McClaskey property on West Court Street, from C-1 to BP as recommended by the Planning Commission and, further, authorize publication by summary only. Q*(b) Resolution No. , a Resolution of the City of Pasco, Washington, directing reconsideration of Special Permit Application (MF #SP06-10) of Central Pre-Mix Concrete Company. 1. Agenda Report from Rick White, Community & Economic Development Director dated October 2, 2008. 2. Order of Franklin County Superior Court. 3. Proposed Resolution. MOTION: I move to approve Resolution No. , remanding to the Planning Commission for reconsideration of the Central Pre-Mix Special Permit Application(MF#SP06-10). Regular Meeting 3 October 6, 2008 (c) Resolution No. , a Resolution relating to the reuse planning for the Wagenaar Army Reserve Center and appointing an Advisory Committee therefore. 1. Agenda Report from Gary Crutchfield, City Manager dated October 2, 2008. 2. Vicinity Map. 3. Proposed Resolution. MOTION: I move to approve Resolution No. , establishing the advisory committee and the decision process for the Wagenaar Reserve Center redevelopment plan. (d) Resolution No. , a Resolution approving the Capital Improvement Plan for Calendar Years 2009-2014. 1. Agenda Report from Gary Crutchfield, City Manager dated September 17, 2008. 2. Revised Capital Improvement Plan 2009-2014 (as provided in council packets on 9122/08; copy available for review in the City Manager's office, the Pasco Library or on the city's website at wwwpasco-wa.gov). 3. Proposed Resolution. MOTION: I move to approve Resolution No. adopting the Capital Improvement Plan for fiscal years 2009-2014. 9. UNFINISHED BUSINESS: (None) 10. NEW BUSINESS: *(a) Bid for Volunteer Park Improvements Project No. CDBG 08-007: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated September 24, 2008. (RC) MOTION: I move to ratify the City Manager's award of the contract for the Volunteer Park Improvements Project No. CDBG 08-007, to the low bidder Inland Asphalt Company, in the amount of$49,175.40,not including sales tax. Q*(b) Special Permit: Location of a Middle School at Road 52 and Power Line Road (Pasco School District) (MF#SP08-007): 1. Agenda Report from David I. McDonald, City Planner dated October 1, 2008. 2. Report to Planning Commission. 3. Planning Commission Minutes dated 8/21/08 and 9/18/08. MOTION: I move to approve the special permit for the location of a new middle school at Road 52 and Power Line Road, as recommended by the Planning Commission. 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) (b) .(c) 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File#...... Q Quasi-Judicial Matter REMINDERS: 1. 1:30 a.m., Monday, October 6, KGH — Emergency Medical Services Board Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; AL YENNEY,Alt.) 2. 5:00 p.m., Wednesday, October 8, 2730 University Drive — Welcome Reception for Birgitte Ahring, Director, Washington State University Tri-Cities Bioproducts & Bioenergy and Battelle Distinguished Professor. (MAYOR JOYCE OLSON) 3. 7:00 a.m., Thursday, October 9, Cousin's Restaurant — BFCG Tri-Mats Policy Advisory Committee Meeting. (COUNCILMEMBER BOB HOFFMANN,Rep.; TOM LARSEN, Alt.) 4. 7:00 p.m., Thursday, October 9, Transit Facility — Ben-Franklin Transit Board Meeting. (COUNCILMEMBER MATT WATKINS, Rep.; MIKE GARRISON, Alt.) MINUTES REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 15, 2008 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Joyce Olson, Mayor. ROLL CALL: Councilmembers present: Rebecca Francik, Michael Garrison, Robert Hoffmann, Torn Larsen, Joyce Olson, Matt Watkins and Al Yenney. Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan Strebel, Administrative & Community Services Director; Rick White, Community & Economic Development Director; David McDonald, City Planner; Michael McShane, City Engineer; Denis Austin, Police Chief and Jess Greenough, Field Division Manager. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated September 2, 2008. (b) Bills and Communications: To approve General Claims in the amount of$920,708.44 ($90,252.23 in the form of Wire Transfer Nos. 5039 and 5049 and, $830,456.21 consisting of Claim Warrants numbered 167793 through 168007). To approve bad debt write-offs for utility billing, ambulance, cemetery, general accounts, miscellaneous accounts, and Municipal Court (non-criminal, criminal, and parking) accounts receivable in the total amount of$206,447.77 and, of that amount, authorize $153,533.34 be turned over for collection. (c) Resolution No. 3102, a Resolution authorizing the sale of forfeiturelunclaimed asset property surplus to city needs. To approve Resolution No. 3102, authorizing the sale of seized/asset forfeiture property considered surplus to city needs. (d) Resolution No. 3103, a Resolution accepting work performed by George A. Grant, Inc., under contract for the SR 395/Court Street Pedestrian Walkway Facilities, Project No. 00-3-09. To approve Resolution No. 3103, accepting the work performed by George A. Grant, Inc., under contract for the SR 395/Court Street Pedestrian Walkway Facilities, Project No. 00- 3-09. Removed from Consent Agenda and moved to Item 8(b). (e) Resolution No. 3104, a Resolution accepting work performed by A&B Asphalt, Inc., under contract for the Burden Boulevard Improvements Project. To approve Resolution No. 3104, accepting the work performed by A&B Asphalt, Inc., under contract for the Burden Boulevard Improvements Project. MOTION: Mr. Watkins moved to approve the Consent Agenda as read. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. PROCLAMATIONS AND ACKNOWLEDGMENTS: Mayor Olson presented a Proclamation to Kim Keltch, Domestic Violence Coordinator, Pasco Police Department, declaring October 2008 "Domestic Violence Awareness Month." I 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 15, 2008 REPORTS FROM COMMITTEES AND/OR OFFICERS: Ms. Francik invited the public to participate in the Adventure Challenge, celebrating the completion of the Sacagawea Heritage Trail. Mr. Larsen attended the Senior Citizens Advisory Committee meeting. Mr. Hoffmann attended the BFCG Tri-Mats Policy Advisory Committee meeting. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Mr. White explained the details of the proposed vacation. Street Vacation: A Portion of South 13th Lane (MF#VAC08-007): MAYOR OLSON DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE VACATION. FOLLOWING THREE CALLS FOR COMMENTS,EITHER FOR OR AGAINST, AND THERE BEING NONE,MAYOR OLSON DECLARED THE PUBLIC HEARING CLOSED. Ordinance No.3878, an Ordinance vacating a portion of South 13th Lane. MOTION: Mr. Watkins moved to adopt Ordinance No. 3878, vacating a portion of South 13th Lane and, further, authorize publication by summary only. Mr. Garrison seconded. Motion carried unanimously. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Ordinance No. 3879, an Ordinance relating to zoning and amending Title 25 dealing with Business Parks. MOTION: Mr. Watkins moved to adopt Ordinance No. 3879, amending PMC Chapter 25.50 dealing with business parks and, further, authorize publication by summary only. Ms. Francik seconded. Motion carried unanimously. Resolution No. 3103, a Resolution accepting work performed by George A. Grant, Inc., under contract for the SR 395/Court Street Pedestrian Walkway Facilities, Project No. 00-3-09. MOTION: Mr. Watkins moved to approve Resolution No. 3103, accepting the work performed by George A. Grant, Inc., under contract for the SR 395/Court Street Pedestrian Walkway Facilities, Project No. 00-3-09. Ms. Francik seconded. Motion carried unanimously. MISCELLANEOUS DISCUSSION: Council and staff discussed the results of the bid process for the Rd 68 and I-182 "free right turd'project. Council concurred to accept the bid. Mayor Olson recognized Cub Scouts, Connor and Adam McShane, in the audience. Mr. Hoffmann inquired about the General Fund Operating Statement through August 2008. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 15, 2008 ADJOURNMENT: There being no further business, the meeting was adjourned at 7:37 p.m. APPROVED: ATTEST: Joyce Olson, Mayor Sandy Kenworthy, Deputy City Clerk PASSED and APPROVED this 6th day of October, 2008. 3 CITY OF PASCO Council Meeting of: October 6, 2008 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We, the un r igned, da h eby ce ify under penalty of perjury that the materials have been furnished,the services r d ed or th abor pe rmed as described herein and that the claim is a just,due and unpaid obligation ag nst the ity and t t we are authorized to authenticate and certify to said c im. c. Gary Cr utc Id, ag James W tease, Finance Manager We, the derslgned City Councilmembers of the City Council of the City of Pasco, Franklin County,Washington, do hereby certify that the merchandise or services hereinafter specified have been received;that Wire Transfer Nc.s 5053, 5057 and 5060 in the amount of$167,582.25, have been authorized; that Check No.s 168008 through 168288 are approved for payment in the amount of$1,798,832.50,for a combined total of$1,966,414.75 on this 6th day of October, 2008. Councilmember Councilmember SUMMARY OF CLAIMSIWIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 240.00 Judicial 7,044.36 Executive 3,861.18 Police 207,425.70 Fire 9,220.67 Administration & Community Services 92,300.25 Community Development 3,125.06 Engineering 22,386.34 Non-Departmental 17,366.33 Library 92,064.58 TOTAL GENERAL FUND: 455,034.47 STREET 42,010.55 C. D. BLOCK GRANT 12,206.26 KING COMMUNITY CENTER 1,673.62 AMBULANCE SERVICE 4,995.99 CEMETERY 271.44 ATHLETIC PROGRAMS 178.93 SENIOR CENTER 3,098.01 MULTI MODAL FACILITY 2,964.07 RfVERSHORE TRAIL& MARINA MAIN 171.75 LITTER CONTROL 2,622.89 REVOLVING ABATEMENT 42.00 SPECIAL ASSESSMNT LODGING 19,920.62 TRAC DEVELOPMENT 12,500.00 STADIUMICONVENTION CENTER 6,927.59 CAPITAL IMPROVEMENT 15,356.25 METRO DRUG TASK FORCE 47122 METRO DRUG FORFEITURE FUND 1,630.29 GENERAL CAP PROJ CONSTRUCTION 101,678.97 WATERISEWER UTILITY 842,210.62 EQUIPMENT RENTAL-OPERATING 52,118.42 INDUSTRIAL DEVELOPMENT& INFRASTRUCT 6,197.95 MEDICAL/DENTAL INSURANCE 200,973.95 CENTRAL STORES 1,112.43 FIRE PENSIONS 7,743.96 PAYROLL CLEARING 78,854.79 LID CONSTRUCTION 245.18 PUBLIC FACILITIES DIST 27,677.28 LID 135 SALT LAKE SUPERIOR 176.69 TRI CITY ANIMAL CONTROL 65,348.56 GRAND TOTAL ALL FUNDS: $ 1,966,414.75 3(b).1 CITY OF PASCO Council Meeting of: Payroll Approval October 6, 2008 The City Council City of Pasco Franklin County, Washington The following is a summary of payroll claims against the City of Pasco for the month of September 2z;;hted herewith for your review and approval. Gary nager James W. ase, Financial Services Manager We, the undersigned City Council members of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify that the services represented by the below expenditures have been received and that payroll voucher No's. 38668 through 38839 and EFT deposit No's. 30025350 through 30026110 and City contributions in the aggregate amount of$1,799,425.68 are approved for payment on this 6th day of October 2008. Councilmember Councilmember SUMMARY OF PAYROLL BY FUND GENERAL FUND: Legislative $ 6,759.99 Judicial 64,047.95 Executive 56,774.87 Police 526,337.85 Fire 275,777.77 Administrative&Community Services 254,467.78 Community Development 55,812.87 Engineering 69,322.18 TOTAL GENERAL FUND 1,309,301.26 CITY STREET 38,913.50 BLOCK GRANT 10,044.56 MARTIN LUTHER KING CENTER 5,254.54 AMBULANCE SERVICE FUND 120,657.56 CEMETERY 9,906.03 ATHLETIC FUND 466.05 SENIOR CENTER 11,540.87 STADIUM OPERATIONS 0.00 MULTI-MODAL FACILITY 0.00 BOAT BASIN 0.00 REVOLVING ABATEMENT FUND 0.00 TASK FORCE 8,494.61 WATER/SEWER 261,1 32.47 EQUIPMENT RENTAL- OPERATING 23,714.23 GRAND TOTAL ALL FUNDS $ 1,799,425.68 Payroll Summary Net Payroll 853,315.62 Employee Deductions 526,114.80 Gross Payroll 1,379,430.42 City of Pasco Contributions 419,995.26 Total Payroll $ 1,799,425.68 3(b).2 AGENDA REPORT September 15, 2008 FOR: City Council TO: Gary Crutchfi 1 Manager Workshop Mtg: 09/22/08 FROM: Lynne Jackson, uman Resources Manager Regular Mtg: 10/06/08 SUBJECT: Bargaining Contract for Public Works and Facilities Maintenance Employees I. REFERENCE(S): 1. Proposed Collective Bargaining Agreement (Council packets only; copy in Human Resources Office for public review) II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 09/22: DISCUSSION 10106: MOTION: I move to approve the Collective Bargaining Agreement with the International Union of Operating Engineers, Local 280, and, further, authorize the Mayor to sign the agreement. III. FISCAL IMPACT: Increases average operations cost of Public Works/ Field and Plant Divisions and Facilities Division of Administrative and Community Services for 2008 by approximately $92, 810. Anticipated operations costs (base wages and benefits) for Field, Plant and Facilities Divisions for 2008: $3,467,633 IV. HISTORY AND FACTS BRIEF: The last contract terminated December 31, 2007. V. DISCUSSION: The city and representatives of the employees in the Public Works Department and Administrative and Community Service Department/Facilities Division who are represented by IUOE, Local 280 have reached tentative agreement on a new, five-year contract. The bargaining unit has voted to approve it. Following is a listing of the significant changes to the agreement: ■ January 1, 2008: 3% increase to all staff who are employed as of the date the contract is signed. ■ Effective the first full pay period following contract ratification: Market based 3% increase for wage scale 51-P (foreman/chief groundsman) Market based 1% increase for wage scales 35-P and 33-P (mechanic, water plant operator, laboratory technician, wastewater plant operator, cross connect specialist and operator/mechanic.) ■ January 1, 2009: COLA— 90%b/c west coast cities, CPI-U, October/October I%minimum/4% maximum ■ January 1, 2010: COLA—90%b/c west coast cities, CPI-U, October/October 1/% minimum/4% maximum ■ January 1, 2011: COLA—90%b/c west coast cities, CPI-U, October/October 2%minimum/4% maximum; plus '/4% increase 3(c) • January 1, 2012: COLA—90% b/c west coast cities, CPI-U, October/October 2% minimum/4% maximum; plus 1/4 % increase • Benefits: medical/dental/vision coverage. • Effective the first full pay period following full ratification: Employees will pay 10% of the cost of the premium for medical/dental insurance with a premium sharing cap of 3.5% of wages. • January 1, 2009: The premium sharing cap will increase to 5% of wages. • Clarification of lunch break time allowed • Clarification of cross training process Staff recommends Council ratification of the Agreement AGENDA REPORT NO. 22 FOR: City Council October 1, 2008 TO: Gary Crutchfie anager FROM Robert J. Albe ,� Works Director Regular Mtg.: 10/06/08 SUBJECT: Dedication of Right-of-Way at Road 52 & Sandifur Pkwy 1. REFERENCE(S): 1. Dedication Deed 2. Vicinity Map H. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 10/06: MOTION: I move to approve the Dedication Deed from Richard J. and Margery Schmidt and acceptance of Right-of-Way at the northwest corner of Road 52 and Sandifur Parkway. 111. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) Staff has prepared a Dedication Deed dedicating Right-of-Way for the northwest corner of Road 52 and Sandifur Parkway. The Dedication is from Richard J. and Margery Schmidt. The City is working with developers in building Road 52 from Sandifur Parkway to Powerline Road. This dedication will provide Right-of-Way at the northwest corner of the intersection of Road 52 and Sandifur Parkway as seen in the exhibit. V. DISCUSSION: A) Staff recommends acceptance of the Right-of-Way. 3(d) After Recordinz, Return To: City of Pasco, Washington Attn: City Planner 525 North 3`d Pasco, WA 99301 DEDICATION DEED Tax Parcel No. 116-201-093 �1 THE GRANTOR(S), `�C `1 , q H �N 5CJ r -If , by donation pursuant to RC W 35A.79.010,dedica es,c nveys and quit claims to the GRANTEE, THE CITY OF PASCO, a Municipal Corporation of the State of Washington, for the public use, as a public right-of-way, all interest in the land described in Exhibit A and depicted in Exhibit B attached hereto: DATED this day of 12008. GRANTOR(S) O er( 4��Zw STA OF 4GTON ) ss. County of Franklin ) On this J�P_day of + ,2008, before me, the undersigned,duly Comm i ed and sworn personally appeared r , � fah 15:C1,-111k+ to Dedication Deed- I me known to be the individual(s)described above and who executed the within and foregoing instrument as an agent of the owner(s)of record, and acknowledged to me that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that he/she/they is/are authorized to execute the said instrument. GIVEN under by hand and official seal this day of ± , 2008. Print Name: tt i w NOTARY PUBLW4n and for the State of Washington Residing at: ya sz—c' My Commission Expires: A. f-��SSIOM .�ll��i e, 4A X �10TAR 1' = ti pUB l-i mil, '•✓9y 10 � � afr WASO'0 `�� Dedication Deed-2 September 11, 2008 EXHIBIT A PROPOSED RIGHF-OF WAY DEDICATION(WIDTH VARIES) A portion of Lot 4, Short Plat 94-12 according to the Short Plat thereof, recorded in Volume 1 of Short Plats,page 339, Records of Frankin County, Washington lying in a portion of the Southeast quarter of the Southeast quarter of the Northeast quarter of Section 10, Township 9 North, Range 29 East, Willamette Meridian, City of Pasco, Franklin County, Washington, described as follows: Beginning at a United States Bureau of Reclamation Brass cap marking the Southeast corner of the Northeast quarter of said Section 10, Thence South 87°42'04"West along the South line of the Northeast quarter of said Section 10 for a distance of 30.01 feet to the TRUE POINT OF BEGINNING; Thence leaving the South line of the Northeast quarter of said Section 10, North 02°18'12" West, 34.99 feet to the point of curvature; Thence Northeasterly along the are of a 55.00-foot radius, non-tangent curve to the left (the radius of which bears North 02'18'12" West) through a central angle of 88°14'59" for an arc distance of 84.71 feet to the Westerly right-of-way line of Road 52, said point being 30.00 feet Westerly of the centerline of said Road 52 when measured at right angles, said point also being 30.00 feet West of the East line of the Northeast quarter of said Section 10; Thence South 00'33'10" East, along the Westerly right-of-way line of said Road 52 and parallel to the East line of the Northeast quarter of said Section 10 for a distance of 88.36 feet to the TRUE POINT OF BEGINNING. Containing 2452 square feet, more or less. ALSO TOGETHER WITH AND SUBJECT TO easements, reservations, covenants and restrictions apparent or of record. :w / EXPIRES 713c,:2o0q coq_it •2.0 C�e EXHIBIT "B" PROPOSED RIGHT-OF-WAY DEDICATION SEPTEMBER 11, 2008 3 2 POSITION OF BRASS CAP 10 11 30.00 R/W SP 94-12 z 0 0 yfI w 10.00 UTILITY T w EASEMENT SP 94-12 o LOT 4 SHORT PLAT 94-12 (VEIL. 1, PG. 339) C3 Ike o E .11; o In cn ° N v o D � ., I w o CD v w Ln rrl o I 0, ADC O NOT TO SCALE (4 c ITf �i m r z RAW N Z w w DEDICATION o0 2452 SF I 00 — � 00 .A:D w ` _ - - `D _ J D,ru SECTION LINE £ 52.28' 30.01' 10 1 1 POSITION OF 587'42 04 W USBR BRASS CAP TRUE POINT OF BEGINNING o SANDIFUR PARKWAY � o 2661-00 KIDWELL 80 -- `— R/W = RIGHT OF WAY SP = SHORT PLAT AGENDA REPORT NO. 58 FOR: City Council October 1, 2008 TO: Gary Crutchfiel anager Regular Mtg.: 10/6/08 Rick White, Di ctor f`f Community& conomic Development FROM: David I. McDonald, City Planner `- SUBJECT: FINAL PLAT: Mediterranean Villas Phase 5 (Fortunato, Inc.) ( MF #FP08-010) I. REFERENCEN: A. Final Plat (Council Packets only-Copy available in Planning Office, the Pasco Library or on the City's web page at www.pasco-wa.gov for public review) B. Vicinity Map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve the final plat for Mediterranean Villas Phase 5. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The City Council previously approved a preliminary plat for the Mediterranean Villas development. The developer is now seeking final plat approval for Phase 5. B. Mediterranean Villas is located north of Sandifur Parkway and west of Broadmoor Boulevard. V. DISCUSSION: Prior to the approval of a final plat, the developer is to either install all infrastructure or post a bond or other instrument that secures the financing for the improvements. In this case, the developer has completed the improvements. The final plat shows and contains information on primary control points, tract boundaries, dimensions, bearings, lot numbers and other necessary engineering data. In addition, the plat contains the required descriptions, dedications and acknowledgment, and approval sections. VI. ADMINISTRATIVE ROUTING: 3(e) ilM FA 717 - - . . ................. atk ct a ..i• :f:' ••t- .fir :3i3' •. ••-' w MWL- AL Ail man •.�: •� ` .,_•---�•vJr-�.^�; :�_'��� �.�.r:,-�'1.�,'-��._;y'"tF"�:. ""�-:'`=+^'�'`%T+�', +-,yMy'-°-'' ^^^'_",^•'!"R!'17"":",rrS'n--' . '{ ITT >. .}��.S"`^y„ ,�• 'n4 �- �,y« �_ mtlf� ♦ .? x.�'...'7.1yt.-Ms-la-•s ,� y� J } „��t•�(,J� 4r RJR 10 w a! t -,on'J' {3� �' '�. !' Ky.� nom,•.. ............ ._� r: ..� • c f a� AGENDA REPORT NO. 35 FOR: City Council September 29, 2008 TO: Gary Crutchfiel it ger Robert J. Alb s is torks Director FROM: Michael McShty Engineer Regular Mtg.: 10/06/08 SUBJECT: Accept Road 68 Reservoir Site Improvements (Landscaping), Project#07-2-06 L REFERENCE(S): 1. Resolution II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 10/06: MOTION: I move to approve Resolution No.310!�' accepting the work performed by J&B Construction, Inc., under contract for the Road 68 Reservoir Site Improvements (Landscaping), Project #07-2-06. III. FISCAL IMPACT: Water Fund IV. HISTORY AND FACTS BRIEF: A) On November 5, 2007, Council awarded the Road 68 Reservoir Site Improvements (Landscaping), Project#07-2-06 to J&B Construction, Inc. for$229,771.45. V. DISCUSSION: A) The final project cost was $231,818.32. The overage was due to minor modifications on the installation of the mow strip under the existing fence. The work is now complete and staff recommends acceptance of this work. 3(f) RESOLUTION NO. 3 l 05 A RESOLUTION ACCEPTING WORK PERFORMED BY J&B CONSTRUCTION, INC. UNDER CONTRACT FOR THE ROAD 68 RESERVOIR SITE IMPROVEMENTS (LANDSCAPING), PROJECT#07-2-06. WHEREAS, the work performed by J&B CONSTRUCTION, INC., under contract for the Road 68 Reservoir Site Improvements (Landscaping), Project #07-2-06, has been examined by Engineering and has been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Engineering recommendation that the City of Pasco formally accept the contractor's work and the project as complete; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City Council concurs with Engineering recommendation and thereby accepts the work performed by J&B CONSTRUCTION, INC., under contract for the Road 68 Reservoir Site Improvements (Landscaping), Project #07-2-06, as being completed in apparent conformance with the project specifications and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Manager. PASSED by the City Council of the City of Pasco this 6th day of October, 2008. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney AGENDA REPORT NO. 21 FOR: City Council October 1, 2008 TO: Gary Crutchfi t Manager Regular Mtg.: 10/06/08 Robert J. Albe s Works Director FROM: Doyle L Heath, Utility Engineelut SUBJECT: Set a Public Hearing on the Final Assessment Roll for Utility Local Improvement District (ULID)Number 143. I. REFERENCE(S): I. Resolution 2. Vicinity Map 3. Boundary Map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 10/06:10/06: MOTION: I move to approve Resolution No.J[ setting 7:00 p.m., Monday, November 3, 2008, as the time and date to conduct a public hearing to consider the Final Assessment Roll for ULID No. 143. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) ULID 143 was formed by Ordinance No. 3794 at the October 2, 2006 Regular Council Meeting. The boundary was changed with Ordinance No. 3814 that was adopted on December 18, 2006 resulting in 152 property owners. Since that time there have been two property owners that have combined two parcels into one parcel. This results in 150 property owners in the Final Assessment Roll. B) The Contractor has nearly completed all of the construction provided for in the LID and the final assessment roll must yet be approved by the City Council, after direct notice to the affected property owners and a public hearing. V. DISCUSSION: A) Staff recommends that the City Council approve this Resolution to set the Public Hearing date for the Final Assessment Roll. 3(g) CITY OF PASCO, WASHINGTON RESOLUTION NO. 3 1 O(p A RESOLUTION of the City of Pasco, Washington, fixing a time and place for hearing on the final assessment roll for Utility Local Improvement District No. 143, and directing that notice thereof be given in the manner required by law. WHEREAS, the final assessment roll for Utility Local Improvement District No. 143, which was created and established by Ordinance No. 3794 passed by the City Council on October 2, 2006, as amended by Ordinance No. 3814 passed by the City Council on December 18, 2006, has been prepared as provided by law and is on file with the City Clerk, and it is necessary to fix the date for a hearing thereon before the City Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, that the public hearing on the final assessment roll for Utility Local Improvement District No. 143 will be held before the City Council on November 3, 2008 at 7:00 p.m., local time, in the Council Chambers, City Hall, 525 N. Third Avenue, Pasco, Washington, The City Clerk is instructed to cause notice to be given both by mailing and publication as required by law. ADOPTED by the City Council of the City of Pasco, Washington, at a regular open public meeting thereof on the 6`h day of October, 2008. Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney 50940420.1 CERTIFICATION I, the undersigned, City Clerk of the City of Pasco, Washington (the "City"), hereby certify as follows: 1. The attached copy of Resolution No. (the "Resolution") is a full, true and correct copy of an Resolution duly adopted at a regular meeting of the City Council of the City held at the regular meeting place thereof on October 6, 2008, as that Resolution appears on the minute book of the City; and the Resolution will be in full force and effect immediately following its adoption; and 2. A quorum of the members of the City Council was present throughout the meeting and a majority of those members present voted in the proper manner for the adoption of the Resolution. IN WITNESS WHEREOF, I have hereunto set my hand this 6't day of October, 2008. CITY OF PASCO, WASHINGTON Debra L. Clark, City Clerk SO94042O.i SEWER ULID 143 PROJECT NO. 06-1-08 1 1 1 URBAN GROWTH BOUNDARY J SA D FU 1 l BURDEN T ' ARGE T R IJ a PROJECT LIMITS WER 'ETco RD p T ST I o coz VICINITY MAP SCALE : NONE WE r2-s-off r awr ertm parr ew t O.A Lot 2 IL 1 • .w r • J / q U.L.I.D. 143 BOUNDARY AMENDED ORDINANCE �J AGENDA REPORT NO. 54 FOR: City Council September 30, 2008 TO: Gary Crutchfiel anager Regular Mtg.: 10/6/08 Rick White, Dir to v4 Community & onomic Development FROM: David I. McDonald, City PlannerDz---,. SUBJECT: STREET VACATION: A portion of Lindsay Avenue (MF# VAC08-008) I. REFERENCE(S): 1. Proposed Resolution and Vicinity Map 2. Vacation Petition II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 3107 , fixing 7:00 p.m., November 3, 2008 as the time and date for a public hearing to consider the proposed vacation. III.FISCAL IMPACT: A. NONE IV.HISTORY AND FACTS BRIEF: A. Ronald McGuire, the owner of several parcels of land abutting Lindsay Avenue, has petitioned to vacate the east 10 feet of Lindsay Avenue abutting his property. B. The petition requires the City Council to fix a public hearing to consider the vacation request. The earliest regular City Council meeting available for a public hearing, which provides the statutory 20-day hearing notice, is November 6, 2008. C. The Council can initiate a street vacation by responding to a petition or by approving a resolution. In this case, to avoid creating varying street widths on Lindsay Avenue staff has included all of the east 10 feet of Lindsay Avenue south of"A" Street in the attached resolution. 3(h) RESOLUTION NO. 3 1 Dr7 A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION LINDSAY AVENUE. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way; and WHEREAS, R.C.W. 35.79 requires public hearings on vacations to be fixed by Resolution, NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That a public hearing to consider vacating the east 10 feet of Lindsay Avenue from the south right-of-way line of East "C" Street to the north line of"B" Street, will be held before the City Council of the City of Pasco in the Council Chambers at, 525 North 3rd Avenue, Pasco, Washington, at the hour of 7:00 p.m., on November 3, 2008. That the City Clerk of the City of Pasco give notice of said public hearing as required by law. PASSED by the City Council of the City of Pasco this day of , 2008. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney Y:f,+ _.. ''M f'J�e'Ki•Je�Wi},n '•�[,.» a'. _• 9" 'C Q/SY F,w �p A+.{p'��,(•+-, i• eusw y tZ�'^,'y����l�� � � (ts 6 �� �s ''".rv('7� ... _•�,. � :M f:Y��f�"�eyry�x�S�"'.Y~��• �r.L T•t �-Y•- J f'. Ir VI �� ��•s �.-: VIA i :� I s� * 'alb��,�r�n�9�� ��ys' :., �• !> t�y. • .. F 1 , I . 8L= III .t}�• •r -�+I�"• • QI}KV I Al �; < a ! ? I f ps 'i Rr �''•e�jR„ 5 Y y , u.-R1y raj-. •�I�n «1 � �I J+ _`.� �. •�`Jlfa�..w,� �� ♦?~ .. .tiff �R RIJ ,� I is a' i npl. f• t' � �i'ql!•� .yak mss„• .}, FEE $.200 CITY OF PASCO STREET/ALLEY VACATION PETITION MASTER FILE # 6 - DATE SUBMITTED: I, use the undersigned, owners of two-thirds of the privately owned abutting property hereby petition the City Council of the City of Pasco to vacate the following described street/alley rights-of-way: LA e, - A 1, 11 S A ot.. AIL9 P--ni I-InIY APPLICANT: PROPERTY OWNED (Legal Description) Print Name- _ ign Name: G Address: L'. �s 4-� tt� Phone # zo --z#{os Date �� q 10 IL i2- lM c�v'E FL_:"'C-C-7 Print Name: -T01,4 tst4 Sign Name: r-v-,- ���� Date Qz-' � P mot'- Print Name:�l_�S/t (k 1 f A t l z Sign Name: " f i \ .L,1_5L 2 - b t S Date p e, AGENDA REPORT NO. 55 FOR: City Council September 30, 2008 TO: Gary Crutchf Wanager Regular Mtg.: 1016/08 Rick White, D 6t 'feW Community& conomic Development FROM: David I. McDonald, City Planner----- SUBJECT: STREET VACATION: A portion of Road 32 (MF#VAC08-009 I. REFERENCE(S): 1. Proposed Resolution and Vicinity Map 2. Vacation Petition II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 10/06: MOTION: I move to approve Resolution No. , fixing 7:00 p.m., November 3, 2008 as the time and date for a public hearing to consider the proposed vacation. III.FISCAL IMPACT: A. NONE IV.HISTORY AND FACTS BRIEF: A. Vinh Pham, the owner of two parcels of land south of Sylvester Street and west of Road 32, has petitioned to vacate the northern 102 feet of Road 32 directly south of Sylvester Street. The vacation is being requested to facilitate the completion of a short plat on Mr. Pham's property. B. The petition requires the City Council to fix a public hearing to consider the vacation request. The earliest regular City Council meeting available for a public hearing, which provides the statutory 20-day hearing notice, is November 6, 2008. 3(i) RESOLUTION NO. 310 A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF ROAD 32. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City,the City Council may vacate rights-of-way; and WHEREAS, R.C.W. 35.79 requires public hearings on vacations to be fixed by Resolution, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That a public hearing to consider vacating all of that portion of Road 32 extending southerly from the south line of Sylvester Street as condemned for highway purposes in Franklin County Superior Court Case No. 12376 for a distance of 102 feet, will be held before the City Council of the City of Pasco in the Council Chambers at, 525 North 3rd Avenue, Pasco, Washington, at the hour of 7:00 p.m., on November 3, 2008. That the City Clerk of the City of Pasco give notice of said public hearing as required by law. PASSED by the City Council of the City of Pasco this day of , 2008. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney '+A.M1 Ir wl ok d ,qys f3v9fdV} 3sa.. i•fb4 #+"�,'} '� '`�'i��7'�;�+N71% 31�tJ1•Y�mk 1 s.:i°.. - ' V`T •w. 'S .j . .e '.�' r• ff..l w�.,.,y �ti.. , yy+ M` • ,F. a , f r R ,3 • K �s / v I ea 71 V A a •t y.�y� � I _ -=� FEE $200 MKIR CITY OF PASCO STREET f ALLEY VACATION PETITION MASTER FILE # DATE SUBMITTED: I, we the undersigned, owners of two-thirds of the privately owned abutting property hereby petition the City Council of the City of Pasco to vacate the following described street/alley rights-of-way: T` A �=- R�v 37- S LR S Lde--S APPLICANT: I {y� PROPERTY OWNED {Legal Description) Print Name: 1! k T t I to e Sign Name: c h�1` �- t, 2 Address: U 4A K'\'4-; Phone # Date Print Name: Sign Name: Date Print Name: Sign Name: Date AGENDA REPORT NO. 57 FOR: City Council October 1, 2008 TO: Gary Crutchfi i anager Regular Mtg.: 10/6/08 Rick White, D r Community& conomic Development FROM: David I. McDonald, City Planner SUBJECT: REZONE- C-1 (Retail Business) to BP (Business Park) 2701 West Court Street (Rod McClaskey) (MF#Z-08-002) 1. REFERENCE(S): A. Proposed Rezone Ordinance B. Planning Commission Report C. Planning Commission Minutes: Dated 8121/08 & 9/18/08 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 10/06: MOTION: I move to adopt Ordinance No. granting a rezone for the McClaskey property on West Court Street, from C-1 to BP as recommended by the Planning Commission and, further, authorize publication by summary only. 111. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On August 21, 2008 the Planning Commission conducted a public hearing to determine whether or not to recommend a rezone from C-1 (Retail Business) to BP (Business Park) for old Food Pavilion property at 2701 West Court Street. B. Following the conduct of a public hearing, the Planning Commission reasoned that it would be appropriate to recommend a change in zoning for the property in question. C. No written appeal of the Planning Commission's recommendation has been received. V. DISCUSSION: 8(a) ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, Amending the Zoning Classification of Lots 3 and 4 of Binding Site Plan 95-05, from C-1 (Retail Business)to BP(Business Park). WHEREAS, a complete and adequate petition for change of zoning classification has been received and an open record hearing having been conducted by the Pasco Planning Commission upon such petition; and, WHEREAS,that the effect of the requested change in zoning classification shall not be materially detrimental to the immediate vicinity; and, WHEREAS, based upon substantial evidence and demonstration of the Petitioner, that: (A) the requested change for the zoning classification is consistent with the adopted Comprehensive Plan; (B) the requested change in zoning classification is consistent with or promotes the goals and objectives of the Comprehensive Plan serving the general public interest in the community; and (C) there has been a change in the neighborhood or community needs or circumstances warranting the requested change of the zoning classification and (D)the request for change in zoning classification is categorically exempt under the Washington State Environmental Policy Act,NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed from C-1 (Retail Business) to BP (Business Park) for the real property as shown in the Exhibit "A" attached hereto and described as follows: Lots 3 and 4 Binding Site Plan 95-05 Section 2. This ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this 6th day of October 2008. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy Kenworthy, Deputy City Clerk Leland B. Kerr, City Attorney ( .� � :.!�� +.in,t• +k+M„rF .�ir.riwt:.e..:.. _" a � t ,�;,y `,�;'i.1► `T ��}'ti' �8•• �� t,..E1:� ■'T ;t �� ���ti� it...� . . �`' POW Ark, Pl s .'P',,A'. tom, ;P'. 1� J• I' ",.�: e '�'!' ''. - _ :-,•fit, �=�;;���'," >e; ?l!!5`�'!t,�,r�lt�"�;•- :'�cr..—:_ ?:rre Ail" ' lit� � -itq ji'�lYl'.:I F' `!'��1'+l�}��• r -,:�.i!.1 l:f.<w, *�^ Q .. VE rT pr �. � •�Y � flip*- I'r'��#t 1{ 1 tR-,• :,1 ,T[:3.:T :,,4'��:Y� g * t, t _•rs RI ct4r��a _ � si ! •8..""RR�_��': •..s,°�w ,�o-�.ir.n.�;L,.. .,. ` 7 ( i - ...�^ `•, '- v�:' �V '^� �..: •t!t'y t.�v� ,••v�f YetiZ� , .t E''I ��q, a i.'r° \r+• „ •1.;+1},,G,i�.�.'4LSa.•. •'f,- ' ;1p 3< .� ,,. �. ..yam'_.�C r!• S�':, � 'f••+'• �l�'ili'X"it ly,�`' �s+.. ... � :5 .�c "� ""�"It���ti' '''��`,_�„ � � o: 'per.^ :fg :�it �i-;�"••8 - � _ t J ��i� r t n ,F w y(xw.w �r�iy: � y�•w'- wr- 7 IrkY�� a r• i<..._� �: E �.`J p,:�...� t 9 �ci or "��Wb '•��� �Y3���•r.:��dl�.��;:�y�_...i�j�` ,iW(•Jltf -:.�: �r �,uA low REPORT TO PLANNING COMMISSION MASTER FILE NO: Z 08-002 APPLICANT: Rod McClaskey HEARING DATE: 08/21/08 4926 NE 87th St. ACTION DATE: 09/ 18/08 Seattle, WA 98115 BACKGROUND REQUEST: Rezone from C-1 (Retail Business) to BP (Business Park) 1. PROPERTY DESCRIPTION: Legal: Lots 3 & 4 Binding Site Plan 95-05 General Location: 2701 W Court St. (Food Pavilion Site) Property Size: 15.5 acres 2. ACCESS: The property has access from Court Street. 3. UTILITIES: All municipal utilities are available to the site. 4. LAND USE AND ZONING: The subject parcel is currently zoned C-1 and partially occupied by the old Food Pavilion building. The northern 8.5 acres is vacant. The two parcels to the south are zoned C-1 and developed with retail service businesses. Highway 395 is located directly west of the property. A large apartment complex in an R-2 zone is directly east of the Food Pavilion site and single-family homes in an R-1 zone are located east of the vacant parcel north of the Food Pavilion building. A church and more multi-family units are located to the north and east. The church is zoned R-1 and the multi-family units are zoned R-2. 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area for commercial development. Commercial development can include any one of the six commercial zoning districts. 6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a determination of nonsignificance in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43.21(c) RCW. ANALYSIS/HISTORY The property in question was annexed to the City in 1989. Following annexation the property was zoned C-1 consistent with the commercial land use designation of the Comprehensive Plan. In 1995 a 67,352 square-foot retail building was constructed on the southern 7.25 acres of the proposed rezone site. The Food Pavilion store originally located on the west side of Highway 395 in the Riverview Plaza relocated to the new building when construction was completed. The old Food Pavilion building remained vacant for about ten years before it was partially reused for a retail business. In approximately 2003 Yokes on Road 68 was constructed and Fiesta Foods opened on 10t" Avenue. Within a short period the Food Pavilion closed. Today the building remains vacant. After several years of marketing efforts to find a user for the building the owner of the property has applied for a Business Park rezone. The Business Park district was established in the mid-1990's to create an opportunity for research and development businesses to locate in more traditional commercial areas where they could be located with professional offices and other commercial activities. The standards of the BP District were intended to provide compatibility with nearby residential and commercial areas. The BP zoning is also intended for sites that have primary access to or are functionally convenient to arterial streets. The subject property is designated for commercial land uses by the Comprehensive Plan Land Use map. The Comprehensive Plan provides general guidance on land use but does not specifically identify which of the 6 commercial zoning districts should be applied to the property. The public rezone process is used to determine the most appropriate zoning district. Commercial zoning districts include C-1 (Retail Business), C-2 Central Business District), "O" (Office), C-3 (General Business) CR (Regional Commercial) and BP (Business Park). The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria are listed below as follows: 1. The changed conditions in the vicinity which warrant other or additional zoning: • The main applicable changing condition is the fact that the 67,000 square foot building on the site is vacant and has remained vacant for several years. • The Arby's building nearby is vacant. • The old Kmart building (76,000 sq. ft.) on the west side of Highway 395 is vacant and has been for many years. • The Super Mex grocery store will be opening within the next month on 20th Ave. 2. Facts to justify the change on the basis of advancing the public health, safety and general welfare. 2 The rezone will enhance development opportunities that may lead to the property being utilized for productive purposes. The longer the property remains vacant the more it will become neglected and run down. Development of the property will lead to the creation of additional jobs and people in the area benefitting from nearby service businesses. An occupied building contributes more fully (through taxes, fees and licenses) to the funding of municipal services thereby promoting the general welfare. 3. The effect it will have on the nature and value of adjoining property and the Comprehensive Plan. The proposed rezone is supported by the comprehensive plan and would be considered a proper implementation of the plan. Rezoning the property would benefit nearby commercial businesses, thereby creating additional business opportunities and buoying up property values. Nearby residential neighborhoods would benefit from the occupied property being maintained so as not to become an eyesore and a nuisance, thereby impacting property values. 4. The effect on the property owners if the request is not granted. The proposed rezone may increase opportunities to lease or sell the property and put the property into productive use. With the current C-1 zoning the property owner, despite several years of marketing, has been unable to put the property to good use. 5. The Comprehensive Plan land use designation for the property. The Comprehensive Plan designates the site for commercial development. The proposed rezone is for commercial development (BP zoning) consistent with the Plan. INITIAL STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1) The site is zoned C-1 (Retail Business). 2) The Comprehensive Plan designates the site for commercial development. 3 3) The Pasco Municipal Code contains regulations for 6 types of commercial zoning districts. 4) The applicant has applied for a BP Business Park rezone 5) BP Zoning is consistent with the Comprehensive Land Use Designation of commercial for the site. 6) The site, including the 67,000-square-foot building thereon, has been vacant for many years. 7) The 76,000-square-foot K-Mart building in the Riverview Shopping Plaza (3521 W Court St.) has been vacant for approximately 10 years. 8) The old Food Pavilion building in the Riverview Plaza has been vacant or minimally used since 1996. 9) The Arby's restaurant on Court Street near the site closed this year. 10) The site has direct access to an arterial street (Court Street) and is close to the SR-395 entrance/exit. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a rezone the Planning Commission must develop its conclusions from the findings of fact based upon the criteria listed in P.M.C. 25.88.060. The criteria are as follows: (1) The proposal is in accord with the goals and policies of the Comprehensive Plan. The goals and policies of the Comprehensive Plan encourage the development of commercial land uses on the site. The proposed zoning district is commercial in nature and supports the plan. (2) The effect of the proposal on the immediate vicinity will not be materially detrimental. The property is currently vacant and is slowly becoming deteriorated. The proposed rezone may provide opportunities for additional uses creating employment opportunities and additional activity on the property that would have secondary benefits to adjoining commercial businesses. Activity on the property will also reverse the deterioration trend, thus benefiting other nearby properties. 4 (3) There is merit and value in the proposal for the community as a whole. It is in the best interest of the community as a whole to encourage the redevelopment of the property. Through tax revenues, a developed and occupied property fully contributes to funding of public safety, schools, parks and other community services upon which all residents rely. (4) Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. The proposed district regulations provide safeguards and development restrictions that will protect adjoining properties. Therefore there is no need for any conditions. (S) A concomitant agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A concomitant agreement is not needed because the district regulations contain restrictions and regulations to protect adjoining properties. Recommendation MOTION: I move the Planning Commission adopt the Findings of Fact as contained in the September 18, 2008 staff report. MOTION: I move, based on the findings of fact as adopted, the Planning Commission recommend the City Council rezone the site from C-1 (Retail Business) to BP (Business Park). 5 „eGeaa=.mwr®rm�wG...+raroxw .•Nd�l9L.-.s.•- ,.r ■ g�-• i I,G , � �._ :-----•`� �•�f,��..�wt�::�,.t^.. .-.'-,: � '�-;S+ .fit G }fix. - �.. .. � - •, r i�• �nwatws-• ..iwe�,. -a,a�c,. f' a..na�-a '' I �� :ifs' '_. , ,_,• •f _n �•` : ,� po WIT -773-7 tie 't q o.f - G�,:?.y!�!'1�'_':•:r..F.. to:... '�Ik .. •fit -' .i MWI ti.., _ ,.,•} ..t'..f *^”>'^.,t.oi: 'r.f.1� V�i'.`ck.��1,• r '$9. NOM _ ';i..�s, ''RCs"k any �•'t�"n•.'q"W� ^'ttQ"'t.�-�' .-�.; .f; .'�4�'" •" ¢7{�1(G7t}{�. LN At ry � $-M •Q .:L en:i t y. Fi • r �' R-0°5 ftV ,,,'k_ .,tit*:. �:�• `�. •a.•." ; , •�:f' 1. `.7 ,( jit: tY� ;a 'rt`y.•` .. _ L��/ ,' yy - �'. Y { ily. iw .t '�'5 ...�� • •'rte.-e . ..�� uu'��yyiiMVFF.. .,/ '� 1V � _• _tr. tl D -�.. . ' .—=-t Bnv(1asz C� ^^ � Cf) g w r U) rh J V J , 1 •� V J J 4� W d G� O �+ +, U W o • • O° N � o Naz ovoa • 96C-Sn CN OE ovoa o N r N ' ' OC m V a � PAL� �f �. la i ) f � ! � a 4#. �� '`f- • �# s . ; ,1 .}iiF 9! y+r {A • t it ,i i`f , 4 ]f y s ` It I S r� t I it 14;Vf r a1 # rs To i/i �y,. • t rtt�L � 1' A , I' ti, ; � 1 , ' � tiA ;f; t . 3 i yy i� oe i of rr r r �` G 4 O�- �i } ti ,�f �`rTi.. lit to � ,j)}.r }}}t # ¢¢ �� + I � .r to ,�i _ i ,. F y ° ' ol, fY i r$ "' �. t, or L r ' I i 1 . • ' C a k „ o. VI a L 7 t �' a • ai , i s # ILI rp To 6 or l a e � f A r � r� f �� �' ++a • ikJrV 1 � � � � ! v3" � X � � p�. . Y , qFr� a y 1V 5 or rk , y �Ar lub I too r' �, s • a ! mar } a } - "�' To '?: _4..'.t,;•.!T t,' M 4i .�!YiTt• �"pLi uGaK[! 4:':,•^ lu 4_5 fib _ Ap, .1. i i' i 33 I>" ,f{si. .�'` i '� tin k" ; rtI►}`t'/` j' , ! ,' d' .C$v�t•y re t'-' !�, E"fir + : F• 'i * `°'',�«, � a sE } � �, ti�A s� .•�i� � .'�yr,q• i�" #is `'.fkz� ,,,�5� � t+ . y?r. d•�S cL,� r,. a£<,X".,:i � � ;14.� i�t �r• $'� db, '� i� � � - .,tom .l. '�.i_.��y� �, ..�, -s+�., _ f �•� r �,•� •�• :s ii �r a v. 7 � .may��E.Si �'� H,m ' '�_t�Ti"I`a }� .��i��'t' ri� � �6. .�I.+�• r . j �!. .. 1 .f 2a +. �9' k 'i'C., _ �•' ;'M ..^A"`s '1. , - f d, T' f f f���. e'71 ii �: k �k';1.,�'S•�i��4� `i � R �f�� � K�.� S `�� L _ 7e ��y.'.�r {y2 d.: s•�r V.' a •�; ,H .�, ! tf' "`PA �* :. t•• 4. ,5 t• s .aAarf�'i" 'k '�py• �� �'��� °�r�'� �^ �• t�f .Y�•-mot �' �� . t. + ;.7 ir.,"'x ^ri; y a & a' F'1 ` t �v y'• -ova::. tt IL val,A, `��4 + �° tip 9 r� >-�t �k' `i' 3.., - _ i'-Ji � 'v+ � �a� Agti•r� 34 �"', � •a¢¢it, k < 4r`� "'x � �rtr mrxF;�yx��,:�� ���',�f � � F .'.}.�ri >;�'-,� � ,r�::;� Y< "'? ' s « !. +.. .�iF -�'^ ( - iii'" ■: fy:; F, r $� } 2Ps,�5 �4 If +G ;'�� l-1 j} �1•� [;A'R °� +a '"ykw •d� ye f S !. r { r ����i'� g '�,`:r• as .. a4 fir ' L �=.fig,.. e:"y•�•j`° ';` � �� jk'R �' E1 ... y '_ }* 4! +' �`��`-• � . •'.14.' ':.. x ; M": a ,-. 5; ;., +� '1 Planning Commission Minutes 8/21/08 C. Rezone C-1 (Retail Business) to B-P (Business Park) (Rod McClaskey) (2701 W. Court) IMF# Z08- OU2) Chairman Samuel read the master file number opened the hearing and asked for comments from staff. Staff stated that a notice of the hearing was published in the newspaper and mailed to surrounding property owners within 300 ft of the site. Staff explained the request was to rezone the old Food Pavilion Site located on the northeast corner of Court Street and 395 interchange from C-1 to B-P district provided the business park district is implemented in the future. Staff reviewed the written report and highlighted the number of vacant building in the area and stated it was not likely that the building would be used in the future for grocery or retail facilities. The applicant is seeking to rezone the property to allow the development of a business park which would allow research and development firms to do research, build prototypes and do some fabrication work and market their products in our country and around the world. Commissioner Schouviller asked if Mr. McClaskey was the current owner. Staff stated he was. Commissioner Schouviller asked if an interested party was moving forward with this business park plan. Staff stated yes that is the main reason for this rezone. Dirk Stricker, 3104 S. Morain Place, Kennewick, WA Commercial Broker spoke in favor of the rezone Chairman Samuel closed the public hearing. Commissioner Hay and seconded by Commissioner Schouviller moved to close the hearing on the proposed rezone from C-1 to BP and initiate deliberations and schedule adoption of findings of fact, conclusions, and a recommendation to the City Council for the September 18, 2008 meeting. Staff commented that this item will return to the Planning Commission next month and they will deliberate and formalize a recommendation for the City Council and the City Council will act on this item the first Monday in October. PLANNING COMMISSION MINUTES 9/18/08 B. Rezone C-1 (Retail Business( to B-P (Business Park) (Rod McClaskey) (2701 W. Court)(MF# Z08-0021 Chairman Samuel read the master file number and stated this item had been previously discussed at the last Planning Commission meeting. The Chairman explained that due to the growing number of business vacancies along Court Street on both sides of Highway 395 serious consideration was given to rezoning the property from C-1 to B-P to attract new development and alleviate the vacancies causing blight on the neighborhood. Commissioner Hay moved, seconded by Commissioner Anderson, the Planning Commission adopt the Findings of Fact as contained in the September 18, 2008 report. The Findings were unanimously adopted. Commissioner Hay further moved, seconded by Commissioner Anderson, based on the Findings of Fact as adopted, the Planning Commission recommend the City Council rezone the site from C-1 (Retail Business) to B-P (Business Park). The motion was unanimously adopted. Staff noted this item would go to the City Council at their first regular meeting in October. Staff briefly explained the appeal process. AGENDA REPORT NO. 59 FOR: City Counci October 2, 2008 TO: Gary Crutch f i Manager Regular Mtg.: 1016108 FROM: Rick White, Di ector Community & Economic Development 041 SUBJECT: Central Pre Mix vs. City of Pasco Remand Procedure I. REFERENCE(S): 1. Order of Franklin County Superior Court 2. Proposed Resolution I1. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATION: 10/6 Motion: I move to approve Resolution , remanding to the Planning Commission for reconsideration of the Central Pre-Mix Special Permit Application(MF # SP 06-10). III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A. Central Pre-Mix (CPM) has operated a sand and gravel facility at its west Pasco site for over 50 years. In 1982, the site was annexed to the City of Pasco. In 1995, the City granted CPM a special permit (SP 95-27) allowing the operation of a concrete batch plant and administrative offices on the site. That special permit approval extends through 2025. B. On August 24, 2004, CPM (and an owner of the combined site) submitted an application to modify the 1995 special permit to allow use of a hot-mix asphalt (HMA) plant within the site. C. Following City approval and issuance of an Environmental Impact Statement("EIS"), the Planning Commission conducted two separate open-record hearings on the CPM Application (August 17 and 24, 2006). The Planning Commission adopted proposed Findings of Fact and Conclusions of Law on September 21, 2006. CPM appealed the Planning Commission's decision to the City Council. City Council adopted the Planning Commission's recommendation on January 16, 2007. CPM then appealed to Superior Court, under the Land Use Petition Act, chapter 36.70 RCW ("LUPA"). D. The Franklin County Superior Court granted CPM's appeal, in part, and vacated the City Council's decision. The Court did not grant the relief requested by CPM to mandate the issuance of a permit for the HMA plant. Rather, the Court remanded the matter to City Council for further proceedings on the Application. V. DISCUSSION: A. The issue now becomes the approach in which Council wishes to proceed with the remand. There are these options for consideration: L Reconsider your ruling on remand and grant the Application; 2. Reconsider your ruling and grant the Application with further conditions; 3. Reconsider your ruling on remand, and deny the Application with more extensive findings and conclusions; 4. Remand to Planning Commission for further hearing, with the expectation that the matter would likely return to City Council. B. Attorneys for the city and applicant have generally agreed on the process outlined in the proposed resolution; staff recommends its approval by Council. 8(b) SUPEQ10k COURT OF THE STATE OF WASHINGTON FOR BENTON AND FRANKLIN COUNTIES 7320 Woo Ouinaull Arcnue.Kennewick.WA 99336 BEN I ON COUNTY JUSTICE C FN'rFR A IDGE FRANKIAN COON 1 Y CCHIR 11101ISI Kubetl U.S%viblrer TFI.FI'I IONC 1509)736-3071 FAX 1509)736-3057 June 5, 2008 P. Stephen DeJulio Attorney at Law 1 l 11 Third Avenue. Suite '400 Seattle, WA 98101-3299 .P Dennis 1). Reynolds ; r Attorney at Law 1201 Third Avenue, Suite 2200 Seattle. WA 98101-3015 Re: CPM Development, et al. v. City of Pasco, Franklin County No 07-2-50103-0 Dear Counsel: I have approved the final order submitted by Mr. DeJulio with a signature date of May 28"'. The order will be filed June 6'I'. 1 request that each of you provide copies to counsel for your aligned Amicus. Very truly yours, Robert Swisher, Superior Court Judge Cc: John Ziobro Lee Kerr 1 2 3 4 5 6 7 SUPERIOR COURT OF WASHINGTON IN AND FOR FRANKLIN COUNTY 8 CPM DEVELOPMENT CORPORATION, The Honorable Robert G. Swisher d/b/a CENTRAL PRE-MIX CONCRETE CO., 9 NORTHRIDGE ASSOCIATES,a limited partnership,d/b/a Northridge Associates No.07-2-50103-0 10 Franklin County, a California limited partnership and DALE C. ADAMS, 11 FINAL ORDER AND Petitioners, JUDGMENT ON LAND USE 12 PETITION ACT APPEAL V. 13 CITY OF PASCO, a Washington Municipal 14 Corporation, acting through its Planning Commission and City Council, 15 Respondent. 16 17 1. JUDGMENT AND SLTMMARY 18 1.1 JUDGMENT AMOUNT 19 1.1.1 Filing Fee and Service Costs S 275.00 1.1.2 Statutory Attorney Fees S 200.00 20 1.1.3 Costs(Transcript) $ 400.94 1.1.4 Total Judgment Amount $ 875.94 21 1.2 JUDGMENT CREDITORS. Petitioners, CPM Development Corporation,et al., 22 by Dennis D.Reynolds,Davis Wright Tremaine LLP, 1201 Third Avenue, Suite 2200,Seattle, Washington 98101,Phone: (206)622-3150, and, George E.Telquist,Sperline Telquist Ziobro 23 PLLC,8518 West Gage Boulevard, Suite B,Kennewick, Washington 99336,Phone: 24 (509)737-8500. 1.3 JUDGMENT DEBTOR City of Pasco by Leland B. Kerr, City Attorney,Kerr 25 Law Group, 7025 West Grandview Boulevard, Suite A, Kennewick, Washington 99336,Phone: (509) 735-1542; and, P. Stephen DiJulio,Foster Pepper PLLC, 1 111 Third Avenue, Suite 3400, 26 Seattle, Washington 98101,Phone: (206)447-8971. FINAL ORDER AND JUDGMENT-1 Fosm PupEa PLLC 422 W.RAIMWD�SUM Mo SroKANt WAS}YNGToN MMAM PHONE 50)777-1600 Fwx L50!)777-1616 V9142"t 1 2. INTRODUCTION 2 This matter came on for hearing before the Court on February 1, 2009 under the Land 3 Use Petition Act("LUPA% Chapter 36.700 RCW. Petitioners were represented by Dennis D. 4 Reynolds, Davis Wright Tremaine LLP and George E. Telquist, Sperlinc Telquist Ziobro PLLC. 5 Respondent was represented by Lee Kerr,Pasco City Attorney and P. Stephen DiJulio and Taudd 6 Hume,Foster Pepper PLLC. Amicus curiae Building Industry Association of Washington and 7 Washington Aggregates and Concrete Association appeared through Aaron M. Laing, Schwabe $ Williamson&Wyatt PC. Amicus curiae David B, and Hilkc Gallant appeared through Gerald 9 Kobiuk, Paine Hamblen LLP. 10 3. PROCEEDINGS 11 3.1 Petitioners challenge the decision of the City Council denying an application for a 12 special permit,Master File No. SP06-010,to amend existing City special permit No. 97-27SP 13 (the"Application"). The special permit Application is to locate and operate a hot mix asphalt 14 plant in an existing 443-acre mineral extraction and processing operation located within the 15 municipal limits of the City of Pasco. 16 3.2 The Court read the pleadings filed in this matter,reviewed the administrative 17 record and record of proceedings prepared and certified to the Court by the City of Pasco; 18 reviewed the decision of the City Council at issue; heard the arguments of counsel,including 19 counsel for amicus curiae, and, considered all the briefs submitted on appeal,including those of 20 amicus curiae. The Court entered its oral ruling on February 1,2008. 21 NOW,THEREFORE, 22 4. ORDER AND JUDGMENT 23 4.1 Petitioners have met the standards of RCW 36.70C.130(1)(b): 24 The land use decision is an erroneous interpretation of the law, after allowing for such deference as is due the construction of a 25 law by a local jurisdiction with expertise. 26 FINAL ORDER AND JUDGMEW-2 Fosrrx PF"Ex PLLC fizz W.RrAuumv,Sum 1310 SrOKANt,WASNING N Ml-OM PHONE 1509)777.1600 FAX O")777-1616 09t12)9.t I and are entitled to relief under LUPA. 2 4.2 The Court hereby incorporates in this Order its oral opinion of February 1, 2008, 3 set out in Exhibit A to this Final Order and Judgment. 4 4.3 It is hereby ORDERED, ADJUDGED AND DECREED that Petitioners' LUPA 5 appeal is GRANTED. The City's denial of the Petitioner's Application is VACATED,and this 6 matter is REMANDED to the Pasco City Council for further proceedings on the Application 7 consistent with this Final Order and Judgment. 8 4.4 It is further ORDERED,ADJUDGED AND DECREED that Petitioners are 9 deemed the prevailing party and are hereby awarded their costs of$275,statutory attorney fees 10 in the amount of$200 and the cost of transcribing and preparing the administrative record 11 pursuant to RCW 36.70C.110(4)in the amount of$400.94. 12 DONE IN OPEN COURT this � `� day of May, 2008. 13 r 14 15 Robert G. Swisher,Judge 16 Presented By: 17 KERR LAW GROUP 18 By: ^ 19 Lee[ err, WSBA No_ 6059 Attorneys for Respondent City of Pasco 20 FOSTER PEPPER,PLLC 21 22 , I By. 23 P. Stephen DiJulio, WSBA No. 7139 Taudd A. Hume, WSBA No. 33529 24 Attorneys for Respondent City of Pasco 25 26 FINAL ORDER AND JUDGMENT-3 FOSTER PEPPER PLLC 422 W.RrvE tUM SUM Lam SroKAMf WASHTMCtON 49201.0302 F mNE 0509)777-1600 FAx 0504)7771616 30911219 I RESOLUTION NO. A RESOLUTION of the City of Pasco, Washington, directing reconsideration of Special Permit Application (MF #SP06-10) of Central Pre-Mix Concrete Company. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, as follows: 1. RECITALS AND FINDINGS 1.1 Central Pre-Mix Concrete Company (CPM) has operated a sand and gravel facility at its west Pasco site for over 50 years. In 1982, the site ("CPM Site") was annexed to the City of Pasco. The Pasco Site is over 429 acres in size and operates under special permits issued by the City in 1995 (SP 95-27 to Dale Adams and SP 94-89 to CPM; collectively, "Permit'). The Permit includes the authorization for operation of a concrete batch plant and administrative offices. That Permit approval extends through 2025. 1.2 On August 24, 2004, CPM and Dale Adams submitted an application to modify the 1995 Permit to allow use of a hot mix asphalt (HMA) plant within the Pasco Site. MF #SP06-10 ("Application"). 1.3 Following City issuance of an Environmental Impact Statement ("EIS"), the Planning Commission conducted an open-record hearing on the CPM Application (August 17, 2008, and continued to August 24, 2006). The Planning Commission adopted proposed Findings of Fact and Conclusions of Law on September 21, 2006. CPM appealed the Planning Commission's decision to the City Council. The City Council adopted the Planning Commission's recommendation on January 16, 2007_ CPM then appealed to Franklin County Superior Court under the Land Use Petition Act, chapter 36.70C RCW ("LUPA"). 1.4 The Franklin County Superior Court granted CPM's appeal, in part, and vacated the City Council's decision. The Court did not grant the relief requested by CPM to mandate the issuance of a permit for the HMA plant. Rather, the Court remanded the matter to the City Council for further proceedings on the Application. 1.5 In its decision, the Superior Court determined that the City's land use decision was an erroneous interpretation of the law. The Court further stated: "I don't believe under the circumstances of this case that the City decision- makers fully considered the case in light of what I believe the proper law is, and I think they should be given the opportunity. " 1.6 In remanding the case to the City, the Superior Court did not direct the case to be handled in any particular manner or direct that the City arrive at a particular outcome. The Court did provide general guidance which is a part of the City's file and records regarding this matter. 1.7 At the hearing before Franklin County Superior Court, CPM represented its interest in and potential use of a "state-of-the-art" HMA plant at the site. Consistent with PMC 4.02.030, additional information regarding such a plant may be submitted by CPM consistent with this Resolution. 1.8 After the remand order of the Franklin County Superior Court, CPM and City representatives have met to discuss process for management of the remand. This resolution comes before the Council on the stipulation of CPM and special counsel to the City. Neither CPM nor special counsel have engaged in ex parts communications regarding this matter with the City Council. 1.9 The City Council continues to sit in this matter in a quasi-judicial capacity. Further consideration of any additional information should first be considered at an open record hearing before the Planning Commission, such consideration following input from the Community Development Director and additional environmental review as may be determined by the City's SEPA responsible official. 1.10 It is the intent of this resolution to direct the further consideration of MF #SP06- 10 for prompt consideration by the Planning Commission, and if necessary, the Council, all in conformance with the order of the Franklin County Superior Court as well as applicable State and local laws. 2. ORDER ON REMAND 2.1 MF #SP06-10 is hereby remanded to the Planning Commission for further consideration. Prior to Commission consideration, the Community Development Director will process such additional information and provide, in consultation with CPM, such additional environmental review as may be determined necessary and appropriate. 2.2 Following review by and report of the Community Development Director consistent with Section 2.1, the Planning Commission shall (1) consider additional information relating to a "state-of-the-art" HMA plant and related mitigation of impacts associated with such a plant; and, (2) reconsider its recommendation to the City Council in response to the Franklin County Superior Court's determination that the land use decision was an erroneous interpretation of the City of Pasco Municipal Code. 2.3 The City Manager is hereby directed to assure prompt processing of additional information submitted by CPM, including but not limited to an updated or revised Application under MF #SP06-10. Such update or revisions shall not be considered a new application, or require additional payment of fees, except as otherwise may be required for environmental review and other costs associated with permit handling and notices. 2.4 The City Council encourages an expedited consideration of this matter with hearing before the Planning Commission, expected to be on or after December 18, 2008, upon prior notice and circulation of necessary documents. A determination is anticipated to be made by the Planning Commission on January 15, 2009, or as soon thereafter as may be provided. The matter would then be anticipated to come before the City Council either on the recommendation or upon closed record appeal on or after February 2, 2009, for final determination. Central Premix Special Permit Page 2 PASSED by the City Council of the City of Pasco, Washington, at a regular open public meeting thereof on the 6 t day of October, 2008. Mayor ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Central Premix Special Permit Page 3 CERTIFICATION 1, the undersigned, City Clerk of the City of Pasco, Washington (the "City"), hereby certify as follows: 1. The attached copy of Resolution No. (the "Resolution") is a full, true and correct copy of an Resolution duly adopted at a regular meeting of the City Council of the City held at the regular meeting place thereof on , 200 , as that Resolution appears on the minute book of the City; and the Resolution will be in full force and effect immediately following its adoption; and 2. A quorum of the members of the City Council was present throughout the meeting and a majority of those members present voted in the proper manner for the adoption of the Resolution. IN WITNESS WHEREOF, I have hereunto set my hand this day of , 200_ CITY OF PASCO, WASHINGTON Debra L. Clark, City Clerk Central Premix Special Permit Page 4 AGENDA REPORT TO: City Council October 2, 2008 FROM: Gary Crutch ie Manager Business Mtg.: 10/6/08 SUBJECT: Wagenaar Re erve Center LRA L REFERENCE(S): 1. Vicinity Map 2. Proposed Resolution II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 10/6: MOTION: I move to approve Resolution No. establishing the advisory committee and the decision process for the Wagenaar Reserve Center redevelopment plan. III. FISCAL IMPACT: Estimated cost $45,000; $40,000 covered by a federal grant IV. HISTORY AND FACTS BRIEF: A) The Wagenaar Army Reserve Center located at the intersection of Maitland and Ainsworth, is no longer in use by the Army Reserve and is scheduled for disposal by the US Army. In accordance with the Base Realignment and Closure (BRAC) law, the community may recommend to the Army the preferred"reuse" of the property so that the Army may transfer the property for such preferred use. In order to exercise this opportunity, the city (earlier this year) accepted the responsibility to act as the "Local Redevelopment Authority" (LRA) and has obtained a federal grant (about $40,000) for hiring consultant expertise in order to carry out the LRA responsibilities. B) The general process requires a local advisory committee to oversee the review process and evaluate proposals for reuse of the property. Ultimately, the "LRA Advisory Committee" would identify the preferred redevelopment plan. Council should determine, however, the extent of additional review by the city before the LRA recommendation is delivered to the Army for their action. Those options include: • The LRA Advisory Committee's conclusion to be forwarded on behalf of City as the LRA recommendation; • LRA Advisory Committee conclusion to be forwarded to Planning Commission for review (with or without public hearing) and sent to Army as LRA recommendation; • LRA Advisory Committee conclusion reviewed by Planning Commission (with or without public hearing) and Planning Commission recommendation to City Council for final decision(with or without public hearing). C) The LRA advisory committee is required to be composed of certain community interests. Individuals have agreed to serve on the advisory committee, to represent the respective interests. Council should note that two of the proposed committee members (noted by an *) served on the initial LRA advisory committee established by the Port of Pasco when it initiated the process two years ago (but ultimately terminated the process due to an alleged conflict of interest). • Al Yenney; City Council • Darrick Dietrich; Neighborhood • Judith Gidley; Homeless • Bill Saracen; Education • Todd Samuel; Planning Commission • Len Harms; Business • Jim Rising; WA State Veterans Affairs V. DISCUSSION: A) Staff recommends Council approval. 8(c) aif W,err1 7 1.•�`l �eSO� it.:. f� mow..: ti (t M14 AN qv �'�'.y� > �j�. � �417 •; .�.•�a RESOLUTION NO. A RESOLUTION Relating to the reuse planning for the Wagenaar Army Reserve Center and appointing an Advisory Committee therefore. WHEREAS, the US Army has declared the Wagenaar Army Reserve Center, a seven- acre site and facility situated at the northeast corner of the intersection of Ainsworth and Maitland, to be surplus to the needs of the military; and WHEREAS, the Pasco City Council, by virtue of Resolution No. 3074, accepted responsibility for conducting a reuse planning process to identify the best future use for the Wagenaar Army Reserve Center facility and make such recommendation to the US Army, for its consideration in disposal of the property; and WHEREAS, the planning process calls for an advisory committee, to be comprised of persons with certain experience or knowledge, to carry out the process and assure appropriate consideration is given to the various potential uses that may benefit the community and immediate neighborhood; and WHEREAS, the City Council finds that it should specify the decision making process to be used in arriving at the Local Redevelopment Authority (LRA) recommendation on behalf of the community to the US Army; NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. That the LRA Advisory Committee is hereby established to reflect the various community interests that should be included in the consideration of potential future uses for the Wagenaar Army Reserve Center. The LRA Advisory Committee is hereby charged with the mission to solicit and evaluate proposed uses of the Wagenaar Army Reserve Center and recommend the preferred use(s), in accordance with applicable guidelines provided through the Base Realignment and Closure Act (BRAC) and associated regulations. The Advisory Committee shall cease to exist 90 days after submittal of the LRA recommendation by the City of Pasco to the US Army. Section 2. That the LRA Advisory Committee shall render its findings and recommendation in the form of a written report, with an issuance date, to the Pasco Planning Commission. The Planning Commission shall conduct a public hearing within 45 days of the date of the advisory committee's report and shall issue its own conclusion, in the form of a written recommendation, to the City Council within 90 days of the report. The City Council shall render its decision as soon thereafter as is practical. Section 3. The following individuals are hereby appointed to the LRA Advisory Committee: ■ Al Yenney(City Council) ■ Darrick Dietrich(Neighborhood) ■ Judith Gidley(Homeless) ■ Bill Saraceno (Education) ■ Len Harms (Business) ■ Todd Samuel (Planning Commission) ■ Jim Rising (Washington State Veterans Affairs) Section 4. That the City Manager is hereby directed to provide the staff and consultant support necessary for the Advisory Committee to perform its function in a timely manner. PASSED by the City Council of the City of Pasco at its regular meeting this 6th day of October, 2008. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy Kenworthy Leland B. Kerr Deputy City Clerk City Attorney Wagenaar Army Reserve Center—Advisory Committee Page 2 AGENDA REPORT TO: City Council September 17, 2008 FROM: Gary Crutchfi Manager Workshop Mtg.: 9/22/08 Regular Mtg.: 10/6/08 SUBJECT: Capital Impro ement Plan I. REFERENCE(S): 1. Revised Capital Improvement Plan 2009-2014 (Council packets only; copy available for review in the City Manager's office, Pasco Library or on the city's website at www.pasco-wa.gov). 2. Proposed Resolution. II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 9/22: Discussion 14/6: MOTION: I move to approve Resolution No. adopting the Capital Improvement Plan for fiscal years 2009-2014. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS: A) The annual Capital Improvement Plan for 2009-2014 was presented to the City Council for discussion at the August 25 workshop meeting. V. DISCUSSION: A) Several changes have been made to the Plan by staff following the August 25 discussion, as follows: • Deleted "West Pasco Water Park" and revised "Memorial Pool Renovation" project to reflect funding changes; • Revised "East Road 40 Sewer Extension" to provide for design work only; • Revised "Sewer Line Extensions"by reducing cost to $1 million/year; • Deleted "North Reservoir" and revised "West Side Water Treatment Plant" by including the reservoir in the Water Plant project (saves about $1.5 million). B) Staff recommends Council identify any substantive changes it desires and schedule formal Council approval of the Capital Improvement Plan at the October 6 business meeting, so the Capital Improvement Plan is in place while staff prepares the annual budget in October. 8(d) RESOLUTION NO. A RESOLUTION Approving the Capital Improvement Plan for Calendar Years 2009-2014. WHEREAS, staff has prepared the Capital Improvement Plan which defines the capital projects proposed to be undertaken by the City over the ensuing six years; and WHEREAS, on August 25, 2008 the Capital Improvement Plan was presented to the City Council for review and prioritization; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. That the Pasco City Council hereby approves the Capital Improvement Plan for calendar years 2009-2014 as the City's list of capital projects proposed to be undertaken by the City over the coming six years, with the understanding that implementation of any project listed in the Capital Improvement Plan is subject to budget appropriation. PASSED by the City Council of the City of Pasco at its regular meeting this 6th day of October, 2008, Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy Kenworthy Leland B. Kerr Deputy City Clerk City Attorney AGENDA REPORT NO. FOR: City Council Date: September 24, 2008 TO: Gary Crutchfi Manager Reg. Mtg.: 10/06/08 FROM: Stan Strebel m' ative and Community Services Director SUBJECT: Bid for Volunteer Park Improvements Project No. CDBG 08-007 I. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 10/6: MOTION: I move to ratify the City Manager's award of the contract for the Volunteer Park Improvements Project,No. CDBG 08-007, to the low bidder, Inland Asphalt Company, in the amount of$49,175.40, not including sales tax. III. FISCAL IMPACT: CDBG Funding IV. HISTORY AND FACTS BRIEF; A) The City recently received two bids for the Volunteer Park Improvement Project, which consists of sidewalk installation along 3rd Avenue and asphalt parking lot reconstruction. Bids were as follows: Inland Asphalt Company: $49,175.40 A&B Asphalt: $60,262.14 B) This project was bid under the small works roster (PMC 14.11) procedures which provide that for projects of less than $100,000,the City Manager may award contracts to the lowest responsible and qualified bidder, subject to the Council's ratification at the next scheduled City Council meeting. Due to the extra time between council meetings (No meeting of 9/29)and to the diminishing number of days for asphalt work this season, this contract was awarded so that work may be completed this fall. B) Staff requests ratification of the contract award. 10(a) AGENDA REPORT NO. 56 FOR: City Council October 1, 2008 TO: Gary Crutchfi Manager Regular Mtg.: 10/6/08 Rick White, D ector 2Kf Community& conomic Development FROM: David I. McDonald, City Planner SUBJECT: SPECIAL PERMIT: Location of Middle School at Road 52 and Power Line Road(Pasco School District) (MF# SP08-007) I. REFERENCE(S): 1. Report to Planning Commission 2. Planning Commission Minutes: Dated 8/21/08 & 9/18/08 II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 10/06: MOTION: I move to approve the special permit for the location of a new middle school at Road 52 and Power Line Road, as recommended by the Planning Commission. III.FISCAL IMPACT: A. NONE IV.HISTORY AND FACTS BRIEF: A. On August 21, 2008, the Planning Commission conducted a public hearing to determine whether or not to recommend a special permit for the location of a new middle school at the southwest corner of Road 52 and Power line Road. B. Following conduct of a public hearing, the Planning Commission reasoned that with conditions, it would be appropriate to recommend approval of a special permit for the location of a new middle school at the southwest corner of road 52 and Power Line Road. The recommended conditions are contained in the attached Planning Commission report. C. No written appeal of the Planning Commission's recommendation has been received. 10(b) REPORT TO PLANNING COMMISSION MASTER FILE NO: SP-08-007 APPLICANT: Pasco School District #1 HEARING DATE: 8/21/08 1215 W Lewis St ACTION DATE: 9/ 18/08 Pasco, WA 99301 BACKGROUND REQUEST: SPECIAL PERMIT: Location of a New Middle School in an R-S-1 District. (Rd 52 & Power Line Rd) 1. PROPERTY DESCRIPTION: Legal: The East 1/2 of the North '/2 of the Northeast 1/4 in the Smith Addition # 442003, Section 10, Township 9 North, Range 29 East, W.M., Franklin County. General Location: Southwest corner of Road 52 & Power Line Road Property Size: Approximately 40 acres 2. ACCESS: The site is adjacent to Road 52 and Power Line Road. Neither road is developed. 3. UTILITIES: The nearest water line is located directly to the south of the site in Curlew Road. An additional 12" water line will be extended north from Sandifur Parkway with the construction of Road 52 later this year. The nearest available sewer line is located to the west in the Three Rivers subdivision. This sewer line will need to be extended along the alignment of Three Rivers Drive to the school site. Water and sewer utilities will need to be extended to coincide with the construction of the proposed middle school. 4. LAND USE AND ZONING: The site is currently zoned R-S-1 (Suburban Residential) and is being farmed. The properties to the north are zoned A-P (Agricultural Production) in the County and are being farmed. The property to the west is zoned R-S-1 and is being farmed. The property to the east is zoned R-1-S/PUD and is farmed and/or being developed as the Northwest Commons subdivision. The properties to the south are zoned R-S-20 in the county and are developed with homes on one acre lots. 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for low-density residential. Goal OF-5 suggests adequate provisions should be made for educational facilities located throughout the urban growth area. Policy-5-A encourages the appropriate location and design of schools throughout the community. Goal TR-1 encourages the creation and maintenance of an effective and convenient street system. Other transportation policies (TR-1-E & TR-1-F) discourage through traffic in residential neighborhoods and encourage the disbursement of traffic through an interconnected network of streets. Various utility goals and policies encourage the extension of water and sewer service in the Urban Growth Area (UF-1, UF-lA & OF-1-E). OF-D-I suggests irrigation distribution lines be distributed with development where there are irrigation districts. The City now maintains and operates an irrigation system in the general area around the proposed school site. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Determination of Non-significance (DNS) has been issued for this project under WAC 197- 11-158. DISCUSSION The site in question is zoned R-S-1 which permits single-family homes on 10,000 square-foot lots. The site is large enough to accommodate about 120 dwelling units. Schools are listed as conditional uses in the R-S-1 district (PMC 25.26.040). Conditional uses may be permitted within the R-S-1 zoning district only after review through the Special Permit process. Most of the schools in Pasco including the Pasco High School and Chiawana High School are located in residential zoning districts. An on-line search of the Franklin County Assessors records (August 7, 2008) revealed that values of residential properties located across the street from the existing middle schools have increased since 2004. Single family homes near Ochoa Middle School have increased 8 to 14 percent in value since 2004. Homes near Stevens Middle School have increased 15 to 150 percent since 2004 and homes near McLoughlin Middle School have increased anywhere from 38 to 62 percent in value over the same period. Experience within Pasco has shown that the location of a school adjacent a residential neighborhood does not have a negative impact on the values of homes surrounding the school. Pasco currently has three middle schools. With the recent growth in population (Pasco's population has doubled in size since 1997) and student 2 enrollment, the School District needs to construct a fourth middle school. The proposed school site is located in an area of the community that has experience substantial growth over the last eight years. There are now about 2,200 single- family homes located north of I-182 east of Road 68. The population of this area is approximately 7,400. There is enough vacant land along with proposed subdivisions to accommodate another 3,100 dwelling units, bringing the population of the area up to 16,500 at build out. The State Office of Financial Management has estimated Pasco could increase in size by another 30,000 people by the year 2027. Continued population growth will create the need for additional education facilities. The question to be answered is where new schools should be located. The proposed school has been designed as a two story structure consisting of over 96,000 square feet with a capacity to house 1,000 to 1,200 students. The proposed school grounds will contain baseball and softball diamonds, a football field, soccer fields, basketball courts, tennis courts and parking. The proposed site contains 40 acres and is five acres smaller than the Ochoa Middle school site but larger than both the Stevens and McLaughlin Middle school sites. The three proposed parking lots (staff, event & visitors) contain approximately 430 parking spaces. About a quarter of the parking spaces are occupied during a typical school day. The proposed site is currently undeveloped and used only for farming. Road 52 is unimproved as is Power Line Road. There is currently no right-of-way for Power Line Road directly north of the school site. In addition to the lack of street improvements, the site is currently not served with sewer and there is no water line in Road 52. The nearest water line is at the southern end of the site in Curlew Lane. Access to the site is very limited due to the lack of right-of-way and street improvements. Road 52 with a partial right-of-way is the only real access to the site. Road 52, however, is a dead end street and will only provide one route to and from the proposed school site. Given the fact the proposed middle school will be the size of a small high school there will be significant traffic during certain hours of the day. The other middle school sites in Pasco have at least two means of access that help diffuse traffic and reduce the impacts of traffic on surrounding residential uses. For safety reasons (fire, police and other emergencies) and to ameliorate traffic impact to neighboring properties, at least two points of ingress are needed to service middle schools and high schools. Access concerns are not unique to schools. When the Three Rivers Crossing subdivision was being developed (one quarter mile west of the proposed school site) the developer was required to provide a second access point to the subdivision by extending Sandifur Parkway 1,800 feet west of the 3 subdivision to Road 68. The creation of a second access point must also be considered for the development of the proposed site for a school. The extension of Power Line Road to the west would provided a second means of access to the school site. The Development of Power Line Road will be problematic due to the lack of right-of-way. City codes require concurrent development of street, sidewalks and utilities whenever a new building is constructed. In the case of the proposed middle school site this would involve improvements to both Road 52 and Power Line Road. These improvements will include street construction and paving, installation of curb, gutter, and sidewalk (7' wide) street lights, handicapped ramps, signage, lane striping, street drainage, traffic signals, fire hydrants and any necessary speed-reduction modifications needed by the School District. A full listing of required off site improvements is provided in the attached memo from the City Engineer. Concurrent improvements also include the installation of necessary utilities such as water and sewer service. A new water line will need to be extended north 1,300 feet from Sandifur Parkway and sewer needs to be extended east from the lift station in The Three Rivers Crossing Subdivision 1,400 feet to the west. The proposed school site is located on the northern edge of the Pasco Urban Growth Area. An analysis of the UGA in 2007 (Appendix III Draft Comprehensive Plan) indicated utility constraints east of Road 60 severely limit the City's ability to provide utilities north of Power Line Road. As a result the recently revised UGA boundary east of Convention Drive is the northern City Limit line (Power Line Road alignment). The City is therefore concentrating utility planning efforts west of Road 68 where the UGA extends farther to the north and west. Schools often attract residential development on nearby properties. This is generally not a problem where schools are more centrally located within the UGA. However, where a school is located on the edge of the UGA housing developers will seek to locate residential subdivision just beyond the UGA creating the demand for municipal services where the city does not have the capacity or plans to provide those services. Without services development occurs in a substandard, low density fashion creating its own set of problems for the community to deal with. The Planning Commission needs to be aware of the potential conflicts with the Growth Management Act and problems associated with demand for development beyond the UGA that may be generated by the location of a middle school on the proposed site. With respect to traffic-related issues a signal warrant test may be needed to determine when and if a signal should be installed at Road 52 and Sandifur Parkway. Based on the Institute of Traffic Engineers Trip Generation Manual (2003) an average middle school will generate about 1,300 vehicle trips per day. 4 That would amount to $26,000 in traffic impact fees. If the site was fully developed with single-family homes about 1,200 daily vehicle trips could be expected. STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report and comments made at the public hearing. The Planning Commission may add additional findings as deemed appropriate. 1. The site is located in an R-S-1 zone. 2. Under the current zoning approximately 120 single-family dwellings could be constructed on the site. 3. Schools are conditional land uses in the R-S-1 zone and require review through the special permit process prior to permitting for construction. 4. The site is at the northern edge of the Pasco Urban Growth Boundary. 5. The site is within the City limits of Pasco. 6. The Comprehensive Plan identifies the site for low-density residential uses. 7. Comprehensive Plan Goal OF-5 suggests that adequate provisions should be made for the location of educational facilities throughout the urban growth area. 8. Comprehensive Plan transportation goals and policies (TR-1, TR-1-E & TR-1-F) encourage the development of an effective and convenient street network that discourages through traffic in residential neighborhoods. 9. Various utility goals and policies (UF-1, OF-1A, OF-1E & OF-D-1) within the Comprehensive Plan encourage the extension of water, sewer and irrigation lines within the UGA. 10. The site is currently being farmed. 11. The site is owned by the Pasco School District. 12. The site lacks water and sewer service. 13. The site is located at the southwest corner of Road 52 and the future Power Line Road. 14. Both Road 52 and the future Power Line Road are unimproved. 15. Road 52 lacks the necessary right-of-way for a fully developed street. 16. The future Power Line Road lacks the necessary right-of-way for a road of any kind to the proposed school site. 17. Road 52 is currently a dead-end street. 18. The proposed middle school site plan lacks a second primary road access for the disbursement of traffic and for emergency vehicles. 19. All existing middle schools in Pasco have at least two access routes to and from the schools 20. The site is not serviced adequately with city utilities. 5 21. City development standards require off-site street and utility (sewer, water, irrigation & etc) improvements to be constructed or installed concurrently with site development. 22. Off-site street improvements include but are not limited to street construction and paving, installation of curb gutter and sidewalk (7' wide), street lights, handicapped ramps, signage, lane striping, street drainage, traffic signals, speed-reduction modifications, and fire hydrants. 23. According to the Institute of Traffic Engineers trip Generation Manual (2003) an average 96,000-square-foot middle school will generate about 1,300 vehicle trips per day. 24. If developed with single family homes the site would generate about 1,200 vehicle trips per day. 25. The School district did not submit a traffic report with the Special Permit application. 26. Pasco's population has doubled since 1997. 27. The Pasco School District enrollment has grown from 8,048 in 1997 to 13,621 in 2008. 28. The area north of I-182 and east of Road 68 is estimated to increase to in population from about 6,000 to 16,500 during the next 20 years 29. Residential property values near the existing Middle Schools (McLaughlin, Ochoa & Stevens) have increased in since 2004. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must draw its conclusion from the findings of fact based upon the criteria listed in P.M.C. 25.86.060. The criteria and staff listed conclusions are as follows: 1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The proposed use supports the following plan policies or goals: OF-5 suggests adequate provisions be made for educational facilities throughout the Urban Growth Area. Transportation and Utility policies support city standards that require the extension of streets and utilities in conjunction with development. To be in accord with the Comprehensive Plan the proposed middle school development would also need to include the development of utilities through the length of the site and corresponding street improvements including the development of a second access route. 6 2) Will the proposed use adversely affect public infrastructure? Development activities within the City are required to install or improve all necessary public infrastructure concurrent with development. Construction of the new middle school will require street improvements, street lighting, sidewalks, fire hydrants, street drainage, signage, the installation of sewer lines, the installation of water lines and all other items required in the standard specification of the City. Required improvements will enhance public infrastructure facilities in the area around the proposed school site. The proposed school will generate about the same amount of daily traffic as a 40-acre subdivision. However, with one way in and out {Rd 52} traffic will impact the operation of the Road 52 and Sandifur Parkway intersection. A second access road would mitigate that concern. The location of a middle school on the proposed site may encourage the development of residential homes to the north of the school site leading to pressure to expand the UGA into areas which the city is not planning to provide utilities. In this respect the proposal may adversely impact public infrastructure. 3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The proposed middle school has been designed to complement the existing and future neighborhood by providing generous yard setbacks, landscaping, screening of mechanical equipment and a pitched roof line to moderate the school's height in keeping with typical pitched roofs of residential homes. Middle schools are typically located in or near residential neighborhoods and are an accepted part of the character of residential areas. Due to the proposed location of the sports fields adjacent to other properties, the use of bright sports field light would not be in harmony with the existing or intended character of the general vicinity. 4) Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? The construction of schools in residential neighborhoods often encourages development of nearby properties. The Highland Park Homes Addition and the Mesa Verde subdivision are good examples of subdivision that were built out with homes after Ochoa Middle School 7 was constructed. An on-line search (August 7, 2008) of the County Assessors property records indicate property values near Pasco Middle schools, have increased in recent years. While the encouragement of development within the UGA is not an issue the proposed school site is located on the northern edge of the UGA and as a result housing development may occur outside the UGA. The city is not planning for utilities in the area north of the school site therefore any development would occur in a substandard fashion potentially impacting the value of adjoining properties within the city. 5) Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? Experience has shown that schools within Pasco generate few complaints from neighbors. The proposed middle school will not create more dust fumes or vibrations and what would be typically created in a 40 acre subdivision. The proposed school could generate up to 1,300 vehicle trips per day. During weekends, the summer break, and other break periods very little traffic will be generated. If developed with single family homes the site would generate about 1,200 daily vehicle trips. However, traffic from a residential development would be constant year round. The daily calculation for traffic generation does not include event traffic for ball games, concerts, and major extracurricular functions. 6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in anyway will become a nuisance to uses permitted in the district? The middle school will be constructed to meet all requirements of the International Building Code, the Fire Code, the plumbing code, all other construction codes and state regulations pertaining to middle school construction. The building will be required to have fire-rated corridors, area separation walls, sufficient exiting and fire sprinkler systems to ensure the safety of the public. The construction of sidewalks and street improvements will address traffic safety issues. Schools have a long history of being accepted in residential neighborhoods. In most communities schools, including middle schools, are located in or near residential neighborhoods. 8 RECOMMENDATION MOTION: i move the Planning Commission adopt the Findings of Fact and conclusions as contained in the September 18, 2008 staff report. MOTION: I move, based on the findings of fact as adopted, the Planning Commission recommend the City Council grant a special permit to the Pasco School District for the location of a new middle school at the southwest corner of Road 52 and Power Line Road with conditions as contained in the September 18, 2007 staff report: Approval Conditions 1. The special permit shall be personal to the applicant. 2. The Middle School and Middle School site shall be developed in substantial conformity with the site plan and building elevations submitted with the special permit application. 3. Road 52 and Power Line Road abutting the school property shall be improved to arterial street standards meeting all applicable regulations and Construction Standards of the City Engineering Office. Improvements shall include but not be limited to curb, gutter, sidewalk and street lighting along the school side of the street. 4. The complete road widths for Power Line Road and Road 52 will be 48 feet; the Pasco School District shall be responsible for constructing a minimum of 28 feet of road width. 5. Sidewalks in the Road 52 right-of-way abutting the school property shall be 7 feet in width. 6. Sidewalks in the Power Line Road right-of-way shall be 5 feet wide and located along the property line rather than the curb line. 7. The planting strip between the Power Line Road curb and the off-set sidewalk must be planted in lawn and trees approved by the Administrative and Community Services Department planted at 50-foot intervals. 8. The School District shall construct a 6-foot block wall/fence along the Power Line Road right-of-way per City Council Resolution # 3078. 9. Road 52 shall be improved from the southern school boundary line to Sandifur Parkway. Improvements shall consist of curb and sidewalk along the west side of the street with a 28-foot road surface built to arterial street standards. The intersection of Road 52 and Sandifur Parkway shall be constructed as a 9 complete intersection and full roadway width of 48 feet 200 feet north of Sandifur Parkway. 10. The School District shall provide a second access route to and from the middle school site by either extending Power Line Road from Road 52 west to Road 68 or by connecting Power Line Road to Sandifur Parkway by way of Road 60. Improvements beyond the west boundary of the school property on Power Line Road or on Road 60 shall consist of a minimum of a 28-foot- wide paved road surface built to arterial street standards. If the School District uses the Road 60 option the Power Line Road extension to Road 68 must be completed when the District constructs the elementary school at the northwest corner of Road 60 and Sandifur Parkway. 11. No on-street parking or bus staging will be permitted on Road 52 or on Power Line Road. 12. All costs associated with speed reduction/modification including but not limited to flashing lights, signage, pedestrian sensors, safety and crosswalks shall be paid for by the School District. 13. All street/roadway signage abutting the property and offsite, is to be provided by the school district and must be per the most current MUTCD & City of Pasco Construction Standards. 14. The School District shall identify and provide all necessary accommodations for pedestrian school routes along Road 52 and Power Line Road. 15. No mid-block crosswalks will be permitted on Road 52 or Power Line Road. 16. The School District shall pay the traffic mitigation fee in effect at the time a building permit is issued. 17. The School District shall provide the City Engineer with an event traffic plan for review and approval prior to the issuance of a building permit. 18. The School District shall prepare a traffic study for anticipated traffic to and from the proposed school site to determine the need for additional street improvements and/or the need for traffic signals. The traffic study must be completed and submitted to the City Engineer prior to the issuance of a building permit. 19. Any and all recommended street improvements, including traffic signals, recommended in the traffic study must be installed in conjunction with the construction of the middle school. 20. The School District shall prepare a dust control mitigation plan to be submitted with the building permit application. 10 21. All utilities, storm water facilities, and infrastructure improvements shall be designed and constructed to meet the standard specifications of the City Engineer. A 12-inch water line in Road 52 is being. installed as part of improvements to said road by a private developer. The School District will be responsible for a 10 inch sewer line installed in the future alignment of Three Rivers Drive to the west. 22. The School District shall install a 16 inch irrigation line along the length of the school site in Power Line Road 23. The School District shall dedicate the north 40 feet of the site for the Power Line Road right-of-way. 24. The School District shall dedicate the west 10 feet of the site for additional Road 52 right-of-way. 25. A 55-foot radius shall be dedicated at the southwest intersection of Road 52 and Power Line Road. 26. The School District shall construct necessary geometric improvements to the Sandifur Parkway and Road 52 intersection to accommodate traffic generated by the proposed school. 27. No sports field light shall be permitted. 28. Water rights associated with site must be dedicated to the City prior to the issuance of a building permit. 29. The special permit shall be null and void if a building permit has not been obtained by October 31, 2010. 11 •�j., ,k� ,r yam' f G F 1 i i l YM sm �llki t P 1 � ��.. � .-:2�'� • �F J...• .is �- .. ��� ..•-:tip ,Y i< r F 4;1 R eP /GI C o U U v UL i • � U O 1 v Q CD . a p LL no . . ,� 744-- Al 4 L-El o � o � V � o • C4 O � O O � o N 00 CL FM � U v o U 0 C4 co OPMO N r fA$ 0 J IL _ a ; z m� ■°Aeon a O r o Not d a aaLL U OwZCwi,� t b $ R z �a��=a�R�� � 7�r �� �• m rQ° 5 a clwpUt Do� z s RRRRRRRaA3AAA �97a E. W•:ati. ;Sill rN l 1 . � ; � � •� ; , z� --_��-fir--��-•- 'r o 'A 9 _ - _-- T•� CC w i ML V � J J IL C ti ��� "�='. WfAY4 0 Lo as O J O n yr d C a a CO IA LLIs RE�_- I '• , 19 - � d -- o W W a _ W. f it = s WIa W Planning Commission Minutes 8/21/08 A. Special Permit Location of a New Middle School at the SW corner of Road 52 & Power Line Road (MF# SPO8-0071 (Pasco School District) Chairman Samuel read the master file number and asked staff for comments. Staff stated that a notice of the hearing was published in the newspaper and mailed to surrounding property owners within 300 ft of the site. Staff explained the Pasco School District is seeking a special permit for Middle School #4 to be located at the corner of Road 52 and the alignment of Power Line Road. The location of the proposed school in relationship to the city limits and the Urban Growth Boundary was explained. Staff discussed Comprehensive Plan policies related to traffic and the importance of providing a street network throughout the community that would provide a way to diffuse traffic in multiple directions for safety reasons and also to provide corridors for utility services. Staff also provided the following information for the Planning Commission: With respect to the impact of schools on surrounding residential properties staff explained the Assessor's records indicate values near schools have increased 8% to 62% in recent years. It was pointed out a major concern about the proposed location is the lack of two access routes to and from the site. Staff explained other middle schools in the community have at least two access routes. Ochoa Middle School was required to extend Elm Street to the school site and Sheppard Street had to be improved to provide an access route to Oregon Avenue. A major gas line runs to the southeast of the Rd 52 and Sandifur intersection, if there was a problem with the gas line, there needs to be an alternate route for evacuation. Staff explained Schools often attract residential development, for example, after the Ochoa Middle School was built the subdivision to the south started to develop. With the UGB being at the north door of the school, the City receives pressure from developers to prematurely move that boundary which creating utility service problems for the City. There are currently no studies or plans for providing utilities north of Power Line Road. All planning efforts for utilities are being concentrated west of Road 68 at the present time. After discussing the need for a traffic study and traffic light warrant test and other items staff reviewed the list of recommended conditions contained in the written staff report. Commissioner Cruz asked how far north the school district boundaries extended. Staff stated the school district representatives could answer the question later. Chairman Samuel opened the hearing for public comment. Larry Mayfield, Assistant Superintendent, Pasco School District 1215 W Lewis Street explained the district completed an exhausted search for a school site and had difficulties finding parcels large enough for a middle school. Mr. Mayfield explained the need to house a growing student population. McLaughlin Middle School is over capacity and by 2011 they could be another 100 middle school students. About 800 middle school students currently have classes in portables Chairman Samuel asked Mr. Mayfield if the District intended to address the concerns about utilities and access discussed by Staff. Larry Mayfield stated they do intend to address those concerns. He further commented there was no other available land within the city boundaries at this time. It will be costly to add the road from Road 52 to Road 68. They would prefer the City to fund that. They will meet with architects to find the additional costs to the development. Chairman Samuel asked what the primary driver was for selecting the site at the edge of town. Larry Mayfield stated there were no other options and this land purchase took two years to close. Kim Marsh, Pasco School District spoke in favor of the special permit and stated there were no other land options in the city boundaries with a minimum of 40 acres. Commissioner Cruz asked if the proposed condition of no sports field lighting would present a hardship. Kim Marsh stated middle schools do not typically have field lighting and that would not be an issue for the school. Chairman Samuel asked what the most difficult challenge for the school district would be to make the project work. Kim Marsh stated the extension of Power Line Road would be the most difficult.. Chairman Samuel asked when construction would start. Kim Marsh stated construction would start in 2010 Commissioner Kempf stated she was from a county where bonds generally fail, and asked if the bond does not pass how the school would be funded. Kim Marsh stated the only other option would be to install more portables. John Morgan, 425 Road stated he chairs the facilities task force for the School District. They have examined growth patterns, studies have been made and they recommend immediately moving forward with the educational specifications for a much needed middle school facility. Tom Kidwell, 4320 Riverhaven Street explained he was the previous owner of the site and current owner of surrounding lands. The school district has asked him to make improvements along Road 52 as part of the sale of land. Mr. Kidwell suggested as an alternate second access Power line Road could be improved to Rd 60 and the Rd 60 could be improved to Sandifur parkway providing access to the west. He explained there would be a concern with the road going west to Road 68 on Powerline Road due to the lack of a right-of-way. Chairman Samuel closed the public hearing. Chairman Samuel asked if the City was able to accommodate the new school. Staff stated this issue was discussed with the development of Northwest Commons Subdivision. Only a certain number of properties were allowed use of the sewer system while others had to set up septic tanks as a result of typography and the lack of capacity in the line that goes down Madison Avenue through Linda Loviisa. The 16 inch line will be at capacity when everything in side the Urban Growth Boundary was built on. Chairman Samuel questioned if the city has faced a request before that would have a significant public benefit like a school where utilities or a boundary are in question. Staff commented they did not recall any issue. Commissioner Cruz mentioned previous conversations regarding the Urban Growth Boundary. He believed the community was going to face this issue whether they like it or not. Having rural students travel on a bus through town for 5 or 10 minutes should not be an obstacle for the Planning Commission to approve the proposal. Chairman Samuel asked for clarification of condition; #3. Staff stated that the district would be a required to build on their side of the street only. The minimum roadway width would be 28 feet. The sale agreement with Tom Kidwell states he is responsible to develop Road 52 to the full width. Chairman Samuel asked about condition #19 dealing with traffic improvements. Staff stated this was a commendation from the Public Works Department. Chairman Samuel questioned condition #27 regarding the cash payment of $12,000.00 to the city. Staff commented in the southwest corner by the practice football field there is a connecting road. The District will be responsible for their half of the road. Tom Kidwell stated the school district property does not come to the center of the quarter section. The street was removed from the property to be sold and they acquired less than 40 acres. The map is incorrect. Chairman Samuel asked about condition #28 addressing geometric improvements and asked for an example. Staff stated the recent improvements to 20th and Court Street would be an example. Road 52 and Sandifur Parkway will need to be improved Chairman Samuel asked for a motion. Commissioner Rose moved to close the hearing on the proposed middle school and indicate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the September 18, 2008 meeting. Seconded by Commissioner Cruz. Motion passed unanimously. PLANNING COMMISSION MINUTES 9/18/08 A. Special Permit Location of a New Middle School at the SW corner of Road 52 & Powerline Road (Pasco School District) (MF# SP08-007) Chairman Samuel read the master file number and asked for comments from staff. Staff made brief comments about the findings of fact and discussed some clarifications in the recommended conditions of approval. Chairman Samuel asked it the City Engineer had reviewed the proposal as far as what utilities are needed and what costs would be associated with the project. Staff explained the City Engineer had reviewed was still in the process of reviewing utility plans and road construction plans for Road 52. Staff explained both a water line and sewer line would be installed in Road 52. Road 52 would be a fully constructed street as per the sales agreement between the property owner and the Pasco School District. The cost of the street and utility improvements are the responsibility of the Pasco School District. Any additional requirements, such as the improvements along Powerline Road, would also be the responsibility of the Pasco School District. Chairman Samuel asked about the capacity of the proposed utilities to serve other future housing developments. Staff stated current utility lines particularly sewer do not have the capacity to serve any future development north than Power Line Road. Chairman Samuel stated the Pasco School District undertook an extensive search to locate a parcel of land large enough to fit the needs of the District for the new middle school. The Chairman also noted he recently toured School Districts Facilities and stated the District was doing a remarkable job of handling the overpopulation at several of their schools. The Chairman stated there was a desperate need for more facility space. Commissioner Kempf moved, seconded by Commissioner Anderson, the Planning Commission adopt the Findings of Fact and conclusions as contained in the September 18, 2008 staff report. The findings were unanimously adopted. Commissioner Kempf further moved, seconded by Commissioner Anderson, based on the finding of fact as adopted, the Planning Commission recommend the City Council grant a special permit to the Pasco School District for the location of a new middle school at the southwest corner of Road 52 and Power Line Road with conditions as contained in the September 18, 2008 staff report. The motion was unanimously approved. Staff noted this item would go to the City Council at their first regular meeting in October. Staff briefly explained the appeal process.