Loading...
HomeMy WebLinkAbout2010.05.03 Council Meeting Packet AGENDA PASCO CITY COUNCIL Regular Meeting 7410 p.m. May 3, 2010 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 April 19,2010. (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 $1,362,197.60 ($268,561.46 in the form of Wire Transfer Nos. 5355 and 5459; $5,473.56 in the form of Electronic Fund Transfer No. 1015; and$1.088,162.58 consisting of Clain Warrants numbered 176663 through 176860). 2. To approve Payroll Claims in the amount of $1,867,140.46, Voucher Nos. 40892 through 40967; and EFT Deposit Nos. 30036817 through 30037363. (c) Appointments to Parks & Recreation Advisory Council: (NO WRITTEN MATERIAL ON AGENDA) To reappoint Duane Taber to Position No. 4 and Michael Mathews to Position No. 6 and to appoint Abigail Kidd to Position No. 7 (all with the expiration date of 2/2/2013) to the Parks & Recreation Advisory Council. *(d) Final Plat (MF#FP10-001): Broadmoor Estates Phase 5 (New Tradition Homes): 1. Agenda Report from David I.McDonald,City Planner dated April 26, 2010. 2. Overview Map. 3. Vicinity Map. 4. Final Plat(Council packets only; copy available for public review in the Planning office, the Pasco Library or on the city's webpage at httn://www.nasco- wa.gov/weba{o1O/cily.�_ouncilrr forts). To approve the Final Plat for Broadmoor Estates Phase 5. *(e) Final Plat(MF#FP10-004): Casa Del Sol Division 2, Phase 2 (Monogram Homes): 1. Agenda Report from David 1. McDonald, City Planner dated April 26, 2010, 2. Overview Map. 3. Vicinity Map. 4. Ninal Plat (Council packets only; copy available for public review in the Planning office, the Pasco Library or on the city's webpage at http;//www.gasco- wa.gov/weba /citvcouncilreports). To approve the Final Plat for Casa Del Sol Division 2,Phase 2. (t) Resolution No. 3234, a Resolution granting signature authority for the Neighborhood Stabilization Program (NSP)Plan Activities. 1. Agenda Report from Angela Pitman,Block Grant Administrator dated April 20,2010. 2. Resolution. To approve Resolution No. 3234, authorizing the City Manager to execute all documents related to the acquisition, rehabilitation and resale of real properties for the Neighborhood Stabilization Program. (g) Resolution No. 3235, a Resolution granting signature authority for Community Housing Improvement Program(CHIP) Activities. I. Agenda Report from Angela Pitman,Block Grant Administrator dated April 20, 2010. 2. Resolution. To approve Resolution No. 3235, authorizing the City Manager to execute all documents related to the acquisition, rehabilitation and resale of real properties for the Community Housing Improvement Program. (1tQ MOTION. I move to approve 111c Consent Agomda as read, Regular Meeting 2 May 3,2010 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) (b) (c) 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 IEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Q*(a) Street Vacation (MF#VAC10-004): A portion of Road 86(Jack Bunger). 1. Agenda Report from David 1. McDonald, City Planner dated April 26, 2010, 2. Vicinity Map. 3. Proposed Ordinance. CONDUCT A PUBLIC HEARING Ordinance No. ,an Ordinance vacating a portion of Road 86. M(YTION: l move to adopt Ordinance vacatiny,, s portitan of Rwad 86 and. fiirtlier, authorizee publication by summary only. Q*(b) Street Vacation (MF #VAC09-015): A portion of Road 32 and a portion of Nixon Street (Good News Church). 1. Agenda Report from David 1. McDonald,City Planner dated April 26, 2010. 2. Vicinity Map. 3. Proposed Ordinance. CONDUCT A PUBLIC HEARING Ordinance No. , an Ordinance vacating a portion of Road 32 and a portion of Nixon Street. MOTION: l move to adopt ORlit ante __—,. vacating a portion of Rcad 32 and Ni on Street arid, further. authorizC p4eblication by sunuuary only, 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS- Q(a) Special Permit (Closed Record Hearing): Location of a caretaker residence in an I-1 Zone (505 S. 26"'Avenue)(Gemmell's Welding& Service Shop) (MF#SP10-006). 1. Agenda Report from Shane O'Neill,Planner I dated April 26,2010. 2. Vicinity Map. 3. Resolution No. 3227,denying the caretaker residence. 4. Binder containing the Hearing Record (Council packets only; copy available for public review in the Planning office, the Pasco Library or on the city's webpage at http://www.Dasco-wa.gs2v/weba:L)p/citycQUncilr+,-ports . 5. Motions. CONDUCT A CLOSED RECORD HEARING 1. Motion to accent Planaaintg Commission recomtnendat't_on; (Recommended by staff) Resolution No. 3227, accepting the Planning Commission's recommendation and denying a Special Permit for the location of a caretaker residence at 505 S. 26th Avenue. MOTION 1: I move to approve Resolution No. 3227, denying a Special Permit for a caretaker residence at 505 S. 26`h Avenue. 2. Motion to remand back to the Planning Commission: MOTION 2: 1 move to remand the matter back to the Planning Commission for further review on , (list the items of concern that need additional review or clarification). 3. Motion to Aunrove a Caretaker Residence: MOTION 3: I move to table action on the Special Permit application until May 17, 2010 to allow staff time to prepare a Resolution of approval with findings and conditions of approval. Regular Meeting 3 May 3,2010 (b) Ordinance No. , an Ordinance of the City of Pasco, Washington amending Pasco Municipal Code Sections 3.07.160 (Water User Fes), 3.07.170 (Sewer User Fees) and 3.07.210 (Irrigation Water Utility)regarding utility rates. 1. Agenda Report from Stan Strebel,Deputy City Manager dated April 22, 2010. 2. Proposed Ordinance. 3. Water, Sewer Fund Analysis. MOTION: I mL)vc I I adopt 0rdiW111Ce N70. providing for €4justments to water kind sewer utility rates effective July 1. 2010 and to irrigation rates effective.Jan[ary I, 2011, aT]cl r+rtticFid rtg Chapter 3.07 of the Patico Municipal Code regarding utility rates and, farther, authorize publics€an only- Q*(c) Resolution No. : a Resolution accepting the Planning Commission's recommendation and approving a Special Permit for the location of a Commwlity Service Facility for La Cliniea. 1. Agenda Report from David 1.McDonald,City Planner dated April 26, 2010. 2. Vicinity Map. 3. Proposed Resolution. 4. Report to Planning Commission. S. Planning Commission Minutes dated 3/18/10 and 4/15/10. MOT[ON: I rmwve to oppi-ove Rcsululikm No- _ ., approving the 5peciai Permit for the location of the La Clb)j+ca Cen mmiity Service Facility at 715 W. Court Street as recomixrended by the Flanrreirig 'C.i7MIniNs it)11- Q*(d) Resolution No. , a Resolution accepting the Planning Commission's recommendation and approving a Special Permit for the location of an auto body shop at 1948 N.4"'Avenue. 1, Agenda Report from David 1, McDonald, City Planner dated April 26, 2010. 2. Vicinity Map. 3, Proposed Resolution. 4. Report to Planning Commission. 5. Planning Commission Minutes dated 3/18/10 and 4/15/10. MOTION: 1 move to approve Resolution Nip. - . - approving the Special Permit for the location of an auto body shop at 1948 N- 41' Avenue as recommended by the Planning Commission, Q*(e) Resolution No. a Resolution accepting the Planning Commission's recommendation and approving a Special Permit for a church at 1341 W. Sylvester Street. 1. Agenda Report from Shane{'Neill, Planner 1 dated April 23,2010. 2, Vicinity Map. 3. Proposed Resolution. 4. Report to Planning Commission. 5. Planning Commission Minutes dated 3/18/10 and 4/15/I0. t4ILY110N. 1 move to approve Resolution No. _, approving a Sl cfal Peonit for the location of a church at 1341 W. Sylvester Street. Q*(f) Resolution No. , a Resolution accepting the Planning Commission's recommendation and approving a Special Permit for a temporary membrane structure at 900 N, Avery Avenue. 1. Agenda Report from Shane O'Neill,Planner I dated April 23,2010. 2. Vicinity Map. 3. Proposed Resolution. 4. Report to Planning Commission. 5, Planning Commission Minutes dated 3/18/10 and 4/15/10. M OT1ON: I move: IV appi'Lly:13esc314ition No- approving a Special Permit for the k)cation of a tc=porary membrane structure at 900 X. Avery Aven Lie _ Q*(g) Resolution No. , a Resolution approving a Preliminary Plat for West Pasco Terrace.. 1. Agenda Report from David I.McDonald, City Planner dated April 26, 2010. 2. Overview and Vicinity Maps. 3, Proposed Resolution. 4. Preliminary Plat (Council packets only; copies available for public review in the Planning office, the Pasco Library or on the city's webpage at http://www.pasco- wa,ffav/webap/cit councilr +orts 1. 5. Report to the Planning Commission. 6. Planning Commission minutes dated 3/18/10 and 4/15/10. MC TION: I move to approve Resolution No. approving the Prelirnin€ry Plat for West Pasco Terrace, 9. UNFINISHED BUSINESS; (None) Regular Meeting 4 May 3,2010 10. NEW BUSINESS: *(a) Rezone(MF#Z10-001): Rezone from C-2 to C-1 (dance hall use—117 S. 5`h Avenue): 1. Agenda Report from Jeffrey Adams, Associate Planner dated April 23, 2010. 2. Vicinity Map. 3. Planning Commission Reports dated 3118/10 and 4/15/10. 4. Planning Commission Minutes dated 3/18/10 and 4/15/10. MO`1'1O.N: I move to acxg11 Ilia Plarinliug Commission recominendatir to deny the rczm:o at 117 -5'� Avenue from C-2 to C-1 fo:'tli.e operation of a dance gall. *(b) Dedication Deed: (MF #INFO 10-030) Dedicating the northeast corner of Oregon Avenue and East Lewis Street(Benjamin Lee): 1. Agenda Report from David 1.McDonald, City Planner dated April 26, 2010. 2. Vicinity Map. 3, Right-of-Way Dedication Deed, MOT'ION: T rnove to accept the dWication deed from Benjamin Luc: for additional right-of-way al the northeast corner of Oregon Aven ue and East Lewis Street. *'(c) 2010 Crack Seal,Project No. 10-3-01: 1. Agenda Report from Michael McShane,City Engineer dated April 14, 2010. 2. Vicinity Map. 3. Bid Summary. (i2[:) 141{l`1'It}.'V: J move to award [lte love, laid for the 2010 Crack Seal and all altcniatcp., Project No. 10-3-01 to Construction Abmid, Inc.. (<lba Pavement Su face Control) in the amotmt of $1-5.9,93 and; further, authorize the Mayor No-Tern to sign the cA>ntrac:t documu.nts. 11. MISCELLANEOUS DISCUSSION- (a) (6) (c) 12. EXECUTIVE SESSION: (a) (n) (c) 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File#...." Q Quasi-Judicial Matter REMINDERS: 1. 1:30 p.m., Monday, May 3, KG-H—Emergency Medical Services Board Meeting. (COUNCILMEMBER TOM LARSEN!Rep.; AL YENNEY, Alt.) 2. 12:00 p.m,, Wednesday, May 5, 2601 N. Capitol Avenue — Franklin County Mosquito Control District Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; AL YENNFY, Alt.) 3. 6:00 p.m., Wednesday, May 5, Council Chambers -- Special Meeting of the City Council to interview candidates for Council Position No. 4. 4. 5:30 p.m., Thursday, May 6, Memorial Pool — Parks & Recreation Advisory Council Meeting. (COUNCILMEMBER REBECCA FRANCIK,Rep.; MIKE GARRISON, Alt.) MINUTES REGULAR MEETING PASCO CITY COUNCIL APRIL 19, 2010 CALL TO ORDER The meeting was called to order at 7:00 p.m.by Matt Watkins, Mayor. ROLL CALL: Councilmembers present; Rebecca Francik, Michael Garrison, Robert Hoffinann, Tom Larsen, Matt Watkins and Al Yenney. Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan Strebel, Deputy City Manager; Richard Ter-way, Administrative & Community Services Director; Rick: White, Community & Economic Development Director; Denis Austin, Police Chief; Michael McShane, City Engineer 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 April 5, 2010. (b) Sills and Communications: To approve General Claims in the amount of$2,404,287.77 ($12,761.46 in the form of Wire Transfer No. 5453; and $2,391,526.31 consisting of Claim Warrants numbered 176430 through 176662). 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$178,902.07 and, of that amount, authorize $116,160.37 be turned over for collection. (c) Appointments to Planning Commission: To reappoint Todd Samuel to Position No. l and James Hay to Position No. 2 (both with the expiration date of 2/2/2016); to appoint Kurt Lukins to Position No. 6 (expiration date 2/2/2013) and .fan Neuenschwander to Position No. 7 (expiration date 2/2.12014) to the Planning Commission. (d) Resolution No. 3231, a Resolution accepting work performed by Premier Excavation under contract for the Commercial Avenue Water and Sewer Pipelines, Project No. 10-2-01. To approve Resolution No. 3231, accepting the work performed by Premier Excavation under contract for the Commercial Avenue Water and Sewer Pipelines, Project No. 10-2- 01. MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr_ Garrison seconded. Motion carried by unanimous Roll Call vote. REPORTS FROM COMMITTEES AND/OR OFFICERS: Mr. Yenney attended the Pasco Downtown Development Association meeting and the Animal Shelter Needs Assessment Committee meeting. Ms. Francik attended the 2010 Arbor Day celebration and the Maya Lin Confluence Project at Sacajawea State Park, Mr. Larsen reported on the Senior Citizen Advisory Committee meeting and the Emergency Medical Services Board meeting. I 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL APRIL 19, 2010 PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Street Vacation (MF#VAC10-003) Vacating a portion of Ruby Street adjacent to Parcel #113-394-202 (La Clinics). MAYOR WATK.INS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE VACATION. FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST,AND THERE BEING NOME,MAYOR WATKINS DECLARE[)THE PUBLIC HEARING CLOSED. Ordinance No. 3957, an Ordinance vacating a portion of Ruby Street. MOTION: Ms. Francik moved to adopt Ordinance No. 3957, vacating a portion of the Ruby Street right-of-way dedicated under Auditor's File No. 373705 and, further, to authorize publication by summary only. Mr. Garrison seconded. Motion carried unanimously. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Ordinance No. 3958, an Ordinance of the City of Pasco, amending Pasco Municipal Code Section 3.07.150 and Section 13.16.035 regarding"Utility Deposits" or Advance Billing Requirements for Utility Accounts. MOTION: Ms. Francik moved to adopt Ordinance No. 3958 amending the Pasco Municipal Code regarding deposits for Utility Accounts and, further, to authorize publication by summary only. Mr. Garrison seconded. MOTION: Mr. Yenney moved 10 amend 13.16.035 (B)(2) to read "the most recent thirteen consecutive months." Mr. Garrison seconded. Discussion ensued. Motion failed by unanimous Roll Call vote. MOTION: Mr. Yenney moved to amend 13.16.035 (B)(2) to read "the most recent twelve consecutive months."Mr. Garrison seconded. Motion carried 5-1. No —Larsen. Original amended motion carried unanimously. Resolution No. 3232, a Resolution creating a Police Investigation Cash Fund for the Pasco Police Department not to exceed $1,000.00 to be administered by the Chief of Police (or designee) and setting forth the procedure to be followed in administering said fund. MOTION: Mr. Garrison to approve Resolution No. 3232, creating a Police Investigation Cash Fund, Ms. Francik seconded. Motion carried unanimously. Resolution No. 3233, a Resolution establishing primary goals of the City of Pasco for the ensuing calendar years 2010-201 L MOTION: Ms, Francik to approve Resolution No. 3233, establishing primary goals for the city for calendar years 2010-2011. Mr. Garrison seconded. Motion carried unanimously. NEW BUSP_YESS: Utility Easements— Fifties 1, LLC: MOTION: Ms. Francik moved to accept the Utility Easements from Fifties I, LLC for the installation of future sewer utilities and, further, authorize the City Manager to execute the documents. Mr. Garrison seconded. Motion carried unanimously. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL APRIf, 19, 2010 Water Follies Agreement: MOTION: Ms. Francik moved to approve a three-year agreement with the Tri-Cities Water Follies Association for the Water Follies event and, further, authorize the City Manager to sign the agreement. Mr. Garrison seconded. Motion carried unanimously. Commercial Avenue Phase 3 — Boring SR 395 and Foster Wells Road, Project No. 10-2-01: Council and staff discussed the bid rejection. MOTION: Ms. Francik moved to reject the bids received for Commercial Avenue Phase 3 — Boring SR 395 and Foster Wells Road, Project No. 10-2-01 and, further, authorize staff to rebid the project. Mr. Garrison seconded. Motion Carried unanimously. LID# 146 — Kurtzman Park Street Improvements, Project No. 09-3-07: MOTION: Ms. Francik moved to award the low bid for the LID #x!146 —Kurtzman Park Street Improvements, Project No. 09-3-07 to Premier Excavation, Inc., in the amount of S511,399.79, including applicable sales tax and, further, authorize the Mayor Pro-Tem to sign the contract documents. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. MISCELLANEOUS DISCUSSION: Council and staff discussed the process for interviewing applicants for the vacant council seat. Council agreed to set a Special Meeting on Wednesday May 5`1' to conduct the interviews. ADJOURNMENT: There being no further business, the meeting was adjourned at 7:54 p.m. APPROVED: ATTEST: Matt Watkins, Mayor Debra L. Clark, City Clerk PASSED and APPROVED this 3rd day of May, 2010. 3 CITY OF PASCO Council Meeting of: May 3, 2010 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We,the un igned, by certify under penalty of perjury that the materials have been furnished,the services r nd redo he labor erformed as described herein and that the claim is a just, due and unpaid obligatio ag InSt a city and t at we are authorized to authenticate and certify to said claim. Gary C chfield, Crifiaer Rick Terway Director Administrative & Community Services We, the undersigned 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 5355 and 5459 In the amount of$268,561.46, have been authorized; that Electronic Fund Transfer No. 1015 in the amount of$5,473.56, has been authorized; that Check No.s 176663 through 176860 are approved for payment in the amount of$1,088,162.58, for a combined total of$1,362,197.60 on this 3rd day of May, 2010. Councilmember SUMMARY OF CLAIMSIWIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 443.08 Judicial 38,653.28 Executive 2,311.22 Police 179,215.10 Fire 5,142,74 Administration &Community Services 81,426.84 Community Development 4,290.08 Engineering 3,780.09 Non-Departmental 111,191.20 Library 101,449.53 TOTAL GENERAL FUND, 527,903,16 STREET 89,115.09 C. D. BLOCK GRANT 12,210.82 KING COMMUNITY CENTER 3,921.69 AMBULANCE SERVICE 3,557.40 CEMETERY 7,378.94 ATHLETIC PROGRAMS 6,835.63 SENIOR CENTER 5,581.63 MULTI MODAL FACILITY 3,458.29 RIVERSHORE TRAIL& MARINA MAIN 421.57 LITTER CONTROL 2,150.40 REVOLVING ABATEMENT 310.00 PARKS FUND 7,917.11 TRAC DEVEL& OPERATING 17,206.00 STADIUM/CONVENTION CENTER 11,972.45 SPECIAL ASSESSMNT LODGING 0.00 GENERAL CONSTRUCTION 761.50 WATERISEWFR 233,345.38 EQUIPMENT RENTAL- OPERATING 24,660.96 EQUIPMENT RENTAL- REPLACEMENT 12,337.98 MEDICAUDENTAL INSURANCE 298,679.35 CENTRAL STORES 37,846.59 PUBLIC FACILITIES DIST 0.00 PAYROLL CLEARING 0.00 LID CONSTRUCTION _ 6,237.69 TRI CITY ANIMAL CONTROL 48,386.97 GRAND TOTAL ALL FUNDS: $ 1,362,197.60 3(b).1 CITY OF PASCO Council Meeting of: Payroll Approval May 3, 2010 The City Council City of Pasco Franklin County, Washington The folovvtpg is a summary of payroll claims against the City of Pasco for the month of April 2010 ich re prese with for your review and approval. Ga I D. Cru .f Manager Rick Terway,Administrative& Community Services Director We, the undersigned City Council members of the City Council of the City of Pasco. Franklin County, Washington, do hereoy certify that the services represented by the below expenditures have been received and that payroll voucher No's. 40892 through 40967 and EFT deposit No's. 30036817 through 30037363 and City contributions in the aggregate amount of$1,867,14D.46 are approved for payment on this 3rd day of May 2010. COUrcilmember Councilmember SUMMARY OF PAYROLL BY FUND GENERAL FUND: Legislative $ 6,705.57 Judicial 71.500.82 Executive 61,573.34 Police 518,416.76 Fire 303,56166 Administrative & Community Services 232,445.91 Community Development 75,414.68 Engineering 77,448.51 TOTAL GENERAL FUND 1,347,068.25 CITY STREET 29,857.92 BLOCK GRANT 12,468.11 MARTIN LUTHER KING CENTER 5,754.57 AMBULANCE SERVICE FUND 1291186.65 CEMETERY 8,472.96 ATHLETIC FUND 2,576.82 SENIOR CENTER 12,895.70 STADIUM OPERATIONS 0.00 MULTI-MODAL FACILITY 0.00 BOAT BASIN 0.00 REVOLVING ABATEMENT FUND 0.00 TASK FORCE 0,00 WATER/SEWER 294,105.80 EQUIPMENT RENTAL-OPERATING 24,753.68 GRAND TOTAL ALL FUNDS $ 1,867,140.46 Payroll Summary Net Payroll 904,125.13 Employee Deductions 545,182.41 Gross Payroll 1,449,337.54 City of Pasco Contributions 417,832.92 Total Payroll $ 1,867,140.46 3(b).2 AGENDA REPORT FOR: Cite Council April 26, 2010 TO: Gary Crutchfield, asiager Regular iMtg.: 5/3/10 Rick White, f2v. Community & Ec nomic Development Director FROM: David 1, McDonald, City Planner SUBJECT: F1NAL PLAT (MF4 FP 10-001): Broadmoor Estates Phase 5 (New Tradition Horner I. REFERENCE(S): 1. Overview Map 2. Vicinity Map 3, Final Plat (Council packets only; copy available for public review in the Planning office, the Pasco Library or on the city's webpage at http://w%vw.pasco- wa.,-�ov/u,ebapp/citycouncilreports). II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 5/3: MOTION: I move to approve the Final Plat for Broadmoor Estates Phase 5, U1. FISCAL IIWPACT: N ONE IV. HISTORY AND FACTS BRIEF: A. The City Council previously approved a preliminary plat for the Broadmoor Estates Phase 5. The developer is now seeking final plat approval. B. Broadmoor Estates Phase 5 is a single-family residential development located east of Road 90 and north of Sandifur Parkway. V. DISCUSSION: A. 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 infrastructure improvements. In this case, the developer has completed the improvements. B. 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, dedication and acknowledgment, and approval sections. 3(d) Item: Final Plat - f Overview Broadmoor Applicant: New Tra ; Map File 10-00 1 woo ��a�+.toA�J����► �'ra���/:�����I�'�as►�,�'!������R x�=���'� �s:�: �^ T,' �"in ��'' ��`aa� . '.. ,�'-.,," '�—. �,� Ilw�widit��iyltl��: �i":: -x>x�, �w �m �� ��I ■,���! �,. >'ii. :s������+h �� � �;; � .�'#.�,����srdi�- � �� :i:V ►�• �,• r � � s P �,1 �.. '�•�i�d+liaE1;laRr ��• �: 1 " ��� ► .. c �a +c .r . Yi7#E , Twa1� EtJi !7Z�' r '��% <ME►o�1t'. l�Agiar+rnrc W ♦ <,. rue r�atiyJ!►t�.d �: r 4 f y # Ui33(L''li!'.r 1!1 �—■--� �\ r33 X11' X41' �e ���i'ii'���.Y,s� �d1'►�ri ,=�� ; �•��■ �,�;`�i )����+■:�i����7�ON� �� .A,r. <r#•'!� o�'i��Y�'r,� S� .� _ Ii�A� *—�' ��,�'�`�T• �a�d �S is n.e �►,+,�'�'���. �'� "r'7• r 10`�icl+wariiiOF bicwaF..• t�`t;:!• ,ti:Et' �i �t�tt�lie! i 1e:1111{ltllt�li•.ittlll tea: ����z�` .e- Clave �' � ►fir _ � . .e....gqrAS -w�, --, w 7` - -„a, . � i,ilEi�E.•! � lnil�llii fiIn�lUl�� 1�,I � � I � tin \1\��` ri�nailiflilAael�l,�d' �� ��•, *r '��'� �•- + ' �us:li !i `�aiciiiule:I! lil:>!t!lTIIl�ill .� � �� ,��,�+�3i�,��:."��� R ; �� J q������*ate`��, ���i � 1► :. 1 • :;rl4M4 A4�l:. l elbllu 1!lii��lllll� ``I f " •,•3•.�l]t]_® .;i �a�' fr ��j'���• '�iii j a* 1 c�.r5 1�►�_—ahr. r ••x L► ala�s:el i�lilf•e• • � ��t"WJ!� �t 1�cr�-'L[.�,=:"� r i�,c.r.A � Vt ��iR1ff► y ii0A4 #•ate 1�w191. �' 4 ' i l�err•�Iy� .'�s.. ri�� ' -".� • `.°�~`pr���"Cd �'. 7�1i�.-,!."'^rr�'�si�(•20<I'1�.,.e7C q�Ef�li�ll aim ,1{!1/yl�� � � � i® s �� A�i►A� iA *Q4 fi re r mil �4``�`� aiib�l.•C Sn � r � fti-�_—r°-.��sr.-- � ' � ` Y - 7s�A vim.-- •�- -^�-_ - - a: -" ,-- - YrF: t•e s#Er } � �r � �� ��i'r}• �c �>F1� :� i.l��iif- A1R �� I,lir•ifli� � ? r-��'� rn •�y e ` r eta,• �tt�� .. j !. ■f4 7t 1V •jss�if>�.'• ,? •� ! I�� �!� •lb:. JTr lrT�d 1!•t1/ •M�N�- 1jy � ��ll � Salop le vy►�3Ai JitY *rr tin Applicant: New Tra Vicinity Item: Final Plat - Broadmoor Est. Ph 5 Map File #: FP 10-00 ,.4 M . . pf C! JAM .� bf MINo. 104W1�' 4N, WRO Cg 'Ak P11 0 4-�j� e+� F• Ill �•a"�• t ► - � �T � �!. �f"1�J�'Tl�pi' ���, w 07A WA1111 � � �Y j_-�j•! i ::Z V►R ms's'.� er' - ' pJ p ^� Ate -" .fir, '! .., K.. �+•-_ v a 1 •e.I>f Ir AGENDA REPORT FOR: City Council April 26, 2010 TO: Gary Crutchfield, Cit anager Regular Mtg.: 5/3/10 Rick White, v-� Community & Econ mic Development Director FRO--,\4: David I. McDonald, City Planner SUBJECT: FINAL PLAT (MN# FP 10-004); Casa Del Sol Division 2, Phase 2 (Monoeram Homes I. REFERENCE(S): I. Overview Map 2. Vicinity Map 3. Final Plat (Council packets only; copy available for public review in the Planning office, the Pasco Library or on the city's webpage at http://www.l?asco- wa.gov/weba-ov/citycouncilreports). Il. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 5/3: MOTION: I move to approve the Final Plat for Casa Del Sol Division 2, Phase 2. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The City Council previously approved a preliminary plat for the Casa Del Sol Division 2 subdivision. The developer is now seeking final plat approval for Phase 2. B. Casa Del Sol Division 2 is a single-family residential development located south of Sandifur Parkway between Road 44 and Road 52. V. DISCUSSION: A. 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 infrastructure improvements. 'In this case, the developer has completed most of the improvements and has provided the City with a bond in the amount of $6,250 to cover the cost of outstanding improvements. B. 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, dedication and acknowledgment, and approval sections. 3(e) Overview Map App h • Construction File FP 10-008 FJ,�it�;�,�:,j+�'J�' ���" �r` :C � ter'— - - � ---- - �, •-� ,y� �.._ Fl; ,;:,;a�„R,,,a.. r fi r am�` as RIIIL� iii i�O■ w�G ;r �u .7rr r� 1 ry ^ Q f�ltiC.. �• � 1 �1'•,� .W` s' Illy-. . � � ��aY �H alti.r. y�• . /r is r r � - - �.�L.��+ -- ---- `�� �w _ lisR-'e�� ` �i i•'as :ari $ 'er i IW ai1[.7 J • � l � �/:;��i;N � �s�tK� Em 4 �tf Y#USi �t�rr.f 7Y�,•, ..i.�f•tsrr�, _ _- yc� '�"I� � A Rs .lir atrr.n oi/nirin.:/•t 3 �„wr .. "a w �a•it taatns(M■lrwryaYiY sn/a .M.. . rr'rt' �r �i••2R•i•{ 4 ���� tJwrtil r►�ritas� taa' r,'Y — !•,rr ••� ri '� � IRlQ{i{1{zi{:'Ra{i •�► 'w .1�'G , •� �,• • �«� 7 wer � r w {{If{Igtlt,� N w wr w . q `� • Is'_�7t � � /ati�rrlji■r �''` �_�:�'� — z�w �,y it �', �♦ •I � Rl!!� irf ra/i�o ci • � � i w .ra t ,�.+y���t tr..,� � r y � •.n iw rRllli 1S/ .. � f •s rr ` •:\ X11 iC'�. f �71•ilt1R1_r airs ei Yd�I'i�� .NNrf.l.• rr fr rr 1r1 ���� 7�i11R3IM •d� q .�' •{'.. �.r ..af yv rr r �• . 2Ii .r!dGi7i«: u: � >� ie.r- � - - 'fir. w ar to - 4 R•'��r i � � 7 _ w�iRR1R• ■ M i g .�� �r rirr4{l hart lrr a ►rs►ir►'aerirf stR •rr irr r r ...+♦�: .�.'s�/ ?Y� _!»�' � iR /RRRih� dsi}o�,•' • a-.µlaNr� aat�a ril :Jiiatraa. :.rar.a{".��.. tr •. t. ♦ t. - •*� �_ { i_ _• w• rr .• •. a� �• ♦r i 1y� t �. '1lH��I X11 '�.'�..;r . _ '� -.. �� �lrltry ttD. i,, aatu r fbr r.t rn t r wa r s� . ry �i �� ..sLr�i�y ��rPl:ai a.�ayR t.1:is:c •r �' ,t y • 4':{ ��t�/���Zil�" _t ,ate • /3i iii� .. - r.tsvti ]t r: ., -•- l(. Yr � '!7 �iSHli'YN...��w isr isfiliti!/1t11.i�� w! rr -, .s+ J _!t �_ '�, Vii. :R �•s. ri 4dsl •� ? •:w ,► A_, y �f�; a[ i itiia.:r :. ,;, usaJa l6itaaaas: :'a w`71 -f'- y a ar. �� i 3 is rera W r aJiul;iJlt in c y� R"" t. - ,. i i ar /1 t� iG.ra v •%ti. ,� �r 'sa'rsi�raC7:1 i ' J i a[i1 - i• 'M a :tr:earr 3,r,r►r4siirtr7r u ro r, r ' • r•t v :J >i+riliiiwuas� rr s s aiatYY la;i.■aaa:� •• �•r !si* ► it J iai.►.+ri� iu r r wsr� tt/, • � r tiMKasrrtsr: aarrsu►l /lidnaaYrsi• r iu • ��.:�" aio P�*�Ir M�=s.J�F}e•a�f w .'r.I'iwiyl�er L?3,R_.•• .. '.: a�f �'V . " -riY�•riatait•: r♦ .Fr•., "arfti •ry t, °� •^peO :1� • - .trZ'strr�l�:il� _ �/ :� nnf: r .� y' � r'ti �•t•. j N +rF� 4Y Ir !�� '� L�1 'r � J 1 {' � };�O"" ,.,.�— , ��'� j�,�i s r--- 1 ' s rn ■YVyi �{� ter. �MIiF7R{.�n�s•r i�<��rar •s *�',�%.ar.. t� .�1Y..:r �= ���� Idier•+ Lim, � ��r�f��r�„�y. p rJ�". � .r a�ti../��k'� .rte r lid �� _ -- � � ..,: t�' J►i t.•SF i.1r! y � ��(�'1;►i': .i � yA �� �" f'a:•r.i ise•rr..i-'�sa/w ti � 1^�iil y •�' � �.. �- a -r'� �� — Ci '•b �.� '� r..�i!ri$F •1 I'tK W AC.:9 yt/.� aI - •�,IY� �•+ �� ;�► ri , ..• . � '+- •+ -�' ►fir ., V' �'•cj.w� a1 r t _ � �� . r �,� }.�--� s;�,'�*.;i5, �w ,1 afc �- � sir t �/� ■G. ;:E ..t�.d , R+aG..�#. rditrr ; d f•if•� d[Fc. 7 ♦ • 'ay JC i_ ,. 7C 6o � K>•• V ,, • i- � e: r �� �iG;' «� iRP � �r `i ^6w IF-12 �.. "r a,�t!•`� 31'iirG , t �►. w q.Z N's i :J.mild t1W� '+'�� �+� t�®�.� '. /� �� �- is r'.�a :: se ..•�"ti, :!w a� °""� �i�♦, . r r r ar s r w .l r� Ir`'y aVatr aril c w tr V r f !�LQ Y yl�l 11 l! :=x 1s..a� 9. a�- •f ��si w�L�'Rir7 w•rl d'4 icZii.`e 1� ♦Ed • '1II r�,-r+ f t „•i�tii-r..ww !b/°�� drt �ieS .a•1aw. r. ��%".'-,•_�-i�r :♦ �7�a'"N�F•v:ri rl . ►wl ii. � Y - •� '" 1` 77 �' � �-•Iw rr� ... .��x• �►�-: _ �a3`ar�i�al,��s rater r l i ittA r tf +.t � ( � � \/•. •�t■r it t � `t •rc1!- .y-�r�W Y�Wrii i•;LY t:�I�is�•i�l7�' �� -f r �1 ;� �`I�� rrii s '.r ..FlrsA�X «q �,•`. �'►�ti An • ,�1 �—�, � � .,�� rr W � .6 ,,..y!►�ti:$ �° .tr '[.• •wd�• ?ali:iYl'.� . - -.- h.� Q��, --fj r i.a� r"r t r-- ^ r+r: ii(�wyi� ' Jti'r .rI�'• ;�,j.` ;j� f ,,. ,a• l { � _ T.'}' Y, tt�te��41r 7y uu.� . F 0;��r � ..ti:.- ` ±' .. +ria li i. y.y ,1F�"ire •• ti4: ,r + ° �i��''�1 f• � I,, �-.�� 1'S!_.><O`/ �Z'.�'r. �� d•iJ01N4 v/ +�4�M��Q�����'°•��i; . Ltr-our-*a ! t4 QS Item: Casa del Sol Div 11 Phase 2 Vicinity App i • • Construction Map File FP 10-008 "JOE 11i;IJ 7 13 f Id it M^ '1 .•('rte � ,Y AGENDA REPORT FOR: City Council April 20, 2010 I TO: Gary Crutchfield, � rka.ger Workshop Mtg.: 4/26/10 Rick White,'VA Regular Mtg.: 5/3/10 Community & Eco omic Development Director FROM: Angela R. Pitman, Block Grant Administrator SUBJECT: Signature Authority for the Neighborhood Stabilization Program (NSP) I. REFERENCE(S): A. Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECONLMENDATIONS: 4126: DISCUSSION 5/3: MOTION: I move to approve Resolution _ea�5 , authorizing the city manager to execute all documents related to the acquisition, rehabilitation and resale of real properties for the Neighborhood Stabilization Program, III. FISCAL IVIPACT: $379,704 in federal NSP funds. IV. HISTORY AND FACTS BRIEF: A. The NSP is a federal Block Grant program aimed at minimizing the effects of foreclosures on communities. In February 2009, the City entered into a contract with Washington State Department of Commerce for the administration and implementation of the NSP Plan. The Housing and Urban Development Department (HLTD) recently accelerated the deadline for obligating funds from March 19, 2013 to September 18, 2010. Funds not obligated by that date will be required to be returned to HUD. B. The original focus for use of funds for the NSP was to provide down payment assistance for purchase of foreclosed properties. Due to the accelerated timeframe, Council amended the NSP program to allow for acquisition and rehabilitation of foreclosed properties. This occurred on March 15, 2010 through Resolution 3220. V. DISCUSSION A. HUD and state auditors routinely request documentation that City Council has granted authority for appropriate staff to sign project-level documents that implement a Council-approved program. The NSP and the amendment described above constitute the NSP and have been approved by Council. This Resolution granting signature authority, to the city manager implements the approved NSP and provides the necessary accounting documentation. B. It is estimated that two to four foreclosed properties will be acquired, then rehabilitated and sold. Authorizing the city manager to execute project-related documents will allow the City to implement the commitment of NSP funds in an effective and timely manner. 3(f) RESOLUTION NO, 3 ` A RESOLUTION GRANTING SIGNATURE AUTHORITY FOR THE NEIGHBORHOOD STABILIZATION PROGRAM (NSP) PLAN ACTIVITIES WHEREAS, the City has resolved in previous resolutions as follows: Resolution 3148 - Approved the NSP Work Plan for stabilizing neighborhoods negatively affected by foreclosures and abandoned properties; and Resolution 3152 - Approved NSP Guidelines for carrying out down payment assistance activities; and Resolution 3224 - Amended the NSP Work Plan to reallocate funds for acquisition and rehabilitation activities; and WHEREAS, the City has entered into a contract with Washington State Department of Commerce for the administration and implementation of the Neighborhood Improvement Program Plan with a deadline for obligating funds totaling $426,343 by September 18, 2014; and WHEREAS, participation in certain federal programs is beneficial to increase the supply and quality of affordable housing, provide economic opportunities to housing stakeholders, and stabilize neighborhoods; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That the city manager is hereby authorized to execute all documents related to the acquisition, rehabilitation and resale of real properties for the Council-approved Neighborhood Stabilization Program in compliance with federal, state and local regulations. PASSED by the City Council of the City of Pasco this day of , 2014. CITY OF PASCO: Matt Watkins Mayor Pro-Tern ATTEST; APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr CMC City Clerk City Attorney AGENDA REPORT FOR: City Council April 20, 2010 TO: Gary Crutchfield, ,I saber Workshop Mtg.: 4/26/10 Rick White, `-NA Regular Mtg.: 5/3/10 Community& Economic Development Director FROM: Angela R. Pitman, Block Grant Administrator SUBJECT: Signature Authority for the Community Housing Improvemment Program (CHIP) I. REFERENCE(S): A. Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 4/26: DISCUSSION 513: MOTION: I move to approve Resolution � authorizing the city manager to execute all documents related to the acquisition, rehabilitation and resale of real properties for the Community Housing Improvement Program. III. FISCAL IMPACT: Various amounts as approved by Council in any given program year. IV. HISTORY AND FACTS BRIEF: A. The CHIP is a community housing improvement program funded with federal HOME Block Grant funds aimed at improving decent housing opportunities in Pasco. City Council approves the annual expenditure of HOME funds. B. Activities funded by the CHIP program include down payment assistance for first time homebuyers, rental rehabilitation loans for owner-occupied and rental properties, and infill. The infill project involves acquisition of vacant property and development of affordable housing units for low-moderate income families. C. The City has used FIOME ftmds LO purchase property and construct three single- family houses on South 5°i Street north of Ainsworth Avenue. These three homes are nearly ready to close for purchase. D. Council has approved an infill project similar to 5th Street and Ainsworth Avenue as a strategy for use of HOME funds in 2010 (estimated use of $171,700 in HOME funds). V. DISCUSSION A. HUD and state auditors routinely request documentation that City Council has granted authority for appropriate staff to sign project-level documents that implement a Council-approved program. The allocation of HOME Program funds is approved by Council on an annual basis. This Resolution granting signature authority to the city manager implements the approved annual HOME Program and provides the necessary accounting documentation. B. It is anticipated that vacant properties will be acquired, then developed and sold during 2010 and future program years. Authorizing the city manager to execute project-related documents will allow the City to effectively administer the HOME program and the use of federal grant funds. 3(g) RESOLUTION NO. 34 A RESOLUTION GRANTING SIGNATURE AUTHORITY" FOR COMMUNITY HOUSING IMPROVEMENT PROGRAM (CHIP) ACTIVITIES WHEREAS, the Ciry has resolved in previous resolutions as follows: Resolution 2908 - Approved CHIP regulations to increase affordable housing opportunities utilizing federal funds; and Resolution 2912 - Approved acquisition of two vacant lots for affordable housing opportunities with HOME funds; and WHEREAS, the City has entered into a contract with Tri-Citics HOME Consortium that is automatically renewed annually for receipt of HOME entitlement funds; and WHEREAS, Staff prepares an annual Work Plan for the approval of Council, for use of the annual HOME entitlement funds; and NVHEREAS,participation in certain federal programs is beneficial to increase the supply and quality of affordable housing, provide economic opportunities to housing stakeholders, and stabilize neighborhoods; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That the City Manager is hereby authorized to execute all documents related to the acquisition, rehabilitation and sale of real properties for the Council-approved Community Housing Improvement Program in compliance with federal, state and local regulations. PASSED by the City Council of the City of Pasco this day of , 2010. CITY OF PASCO: Matt Watkins Mayor Pro-Tern ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr CMC City Clerk City Attorney AGENDA REPORT FOR: City Council April 26, 2010 TO: Gary Crutchfielc Manager Regular Mtg.: 513110 Rick White, Cormnunity & 'eonomic Development Director FROM: David I. McDonald, C.iry Planner SUBJECT: S'T'REET VACATION (MF# VAC 10-004): A portion of Road 86 (Tack Bun er I. REFERENCE(S): 1. Vicinity Map 2. Proposed Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Conduct Public Hearing: 513: MOTION: I move to adopt Ordinance No. , an Ordinance vacating a portion of Road 86 and, further, to authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FAC'T'S BRIEF: A. The property owners adjoining Road 86 have filed a petition to vacate Road 86. Road 86 is an unimproved fight-of-way lying between Whipple Drive and Roberts Drive. B. The City Council set May 3, 2010 as the date to consider the vacation. V. DISCUSSION: A. The proposed street vacation has been reviewed by the City Engineering Department and the utility providers. Road 86 contains a sewer Iine, some PUD equipment and telephone lines. An easement is needed for the benefit of the utilities. 7(a) Item: Street Vacation - Rd 86 Vicinity 0 i App licant: ac Bunger Map File #: VAC 10-004 Ab ilk dt i• ]( s ;t u 1 { � , - �� �= '� —�. ;� •- as f �9,,. WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3d Pasco, WA 94301 ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF ROAD 86. WHEREAS, a qualified petition has been submitted to the City Council of the City of Pasco requesting vacation of certain public rights-of-way within the City of Pasco; and 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, all steps and procedures required by law to vacate said right-of-way have been duly taken and performed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That that portion of Road 86 as measured southerly 215 feet from the south right-of- way line of Whipple Drive as depicted in Exhibit"1"be and the same is hereby vacated subject to the easement retained in Section 2 hereof. Section 2. The city shall retain a full width utility easement and the right to exercise or grant easements with respect to all vacated right-of-way described in Section I above, for the construction repair, and maintenance of public utilities and services. Section 3. That a certiticd copy of this ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County, Washington, Section 4. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, this 3rd day of May 2010. Matt Watkins,Mayor Pro-Tern Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland R. Kerr City Clerk City Attorney Vicinity Item: Street Vacation - Rd 86 N Applicant: Jack Bunger Map File #: VAC 10-004 COURT ST s � i 1NHI' PPLE DR Go O � ROBERTS DR Area 00 Vacated (Ul AGENDA REPORT FOR: City Council April 26, 2010 TO, Gary Crutchfield, '` lanager Regular Mtg.: 5/3/10 Rick White, �. Community & Economic Development Director FROM: David I. McDonald, City Planner SUBJECT: STREET VACATION (MF# VAC 09-015): A portion of Road 32 and a portion of Nixon Street (Good News Church) 1. REFERENCE(S): 1. Vicinity Map 2, Proposed Ordinance II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: Conduct Public Hearing: 5/3: MOTION: I move to adopt Ordinance No. , an Ordinance vacating a portion of Road 32 and Nixon Street and, further, to authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The property owners adjoining the unimproved segment of Road 32 extending northerly from Sylvester Street have filed a petition to vacate said segment of Road 32 along with an adjoining segment of Nixon Street. The portion of Nixon Street under consideration for vacation terminates into the Good News Faith Assembly Church. B. The City Council set May 3, 2010 as the date to consider the vacation. V. DISCUSSION: A. The proposed street vacation has been reviewed by the City Engineering Department and the utility providers. Road 32 contains a gas line, telephone lines and PUD Iines. An easement is needed for the benefit of the utilities. B. Road 32 serves as the driveway access to the residence addressed as 3207 West Sylvester Street. Road 32 also serves as a secondary driveway entrance to the church parking lot. Vacating this segment of Road 32 will cause the right-of-way to revert back to the property from which it came (in this case the church property). Therefore in addition to the necessary utility easement, an access easement will be needed for the benefit of the residence addressed as 3207 West Sylvester Street. 7(b) Vici*nity Item: Street Vac. Road 32 & Nixon Map Applicant: Good News Church File #: VAC 09-015 i i� j"� If Rr ,> � 1 Area S---T Vacated ,NP� ' O Zia -OV SYLVES 11F WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3rd Pasco, WA 99301 ORDINANCE NO, AN ORDINANCE VACATING A PORTION OF ROAD 32 AND A PORTION OF NIXON STREET. WHEREAS, a qualified petition has been submitted to the City Council of the City of Pasco requesting vacation of certain public rights-of-way within the City of Pasco; and 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, a portion of Road 32 petitioned for vacation is used as the sole access for one of the petitioners for access to and from her property; and WHEREAS, the City of Pasco has the right to exercise or grant easements during the process of vacating public right-of-way; and WHEREAS, the City Council finds that to protect and secure existing access to parcel 4 119- 391-025 it is necessary to grant an ingress and egress easement; and WHEREAS, all steps and procedures required by law to vacate said right-of-way have been duly taken and perfonned; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PA.SCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That that portion of Nixon Street and Road 32 described as follows: Commencing at the intersection of Sylvester Street and Road 32; Thence north 00°39'45" west, along the centerline of Road 32 to the beginning of a 66.00 feet radius curve to the right: Thence, along the arc of said curve, though a central angle of 90 000'00", 103.67 feet to it point of tangency with the centerline of Nixon Street; Thence north 89°20'15" east, along the centerline of Nixon Street, 132.34 feet; Thence south 00°39'45", at a right angle to said centerline, 30.00 feet to the northeast corner of Lot "playground" as it appears on the plat of the First Addition to Riviera Trailer Village, recorded in volume D of plats, page 50, in the office of the Frarilclin County Auditor, being the TRUE POINT OF BEGINNING; Thence south 45°39'45" east, along the northeast line of said Lot, 70,71 feet; Thence south 00°39'45" cast, along and leaving the east line of said Lot, 183.66 feet to the northerly line of Sylvester Street; Thence north 8718'04" east, along said northerly line, 30.02 feet; Thence north 00°39'45" west 182.59 feet; Thence north 44°20'15" east, 70.71 feet; Thence north 89°20'15" east, 60.00 feet; Thence north 00°39'45" west, 60.00 feet; Thence south 89°20'15" west, 60.00 feet; Thence north 45°39'45" west, 70.71 feet to the east line of road 32; Thence south 00°39'45" east, along the southerly projection of said east line, 27.94 feet the beginning of a non-tangent 55.00 feet radius curve, the radius point of said curve bears south 18°09'58" west; Thence along the arc of said curve, through a central angle of 204°56'00", 196.72 feet to the beginning of a 35.00 feet radius curve to the left; Thence along the arc of said curve, through a central angle of 43 045'42", 26.73 feet to the northeast corner of said lot "playground" and the TRUE POINT OF BEGINNING, as depicted in Exhibit "l" be and the same is hereby vacated subject to the easements retained in Section 2 and 3 hereof. Section 2. The city shall retain a full width utility easement and the right to exercise or grant easements with respect to all vacated right-of-way described in Section 1 above, except for the easterly 90 feet of Nixon Street, for the construction repair,and maintenance of public utilities and services. Section 3. That an ingress and egress access easement is hereby granted over and across the westerly 20 feet of the vacated right-of-way described in Section 1 above, not withstanding and surviving this vacation, for the excusive benefit and use of Parcel # 119-391-025 described as follows: The east 300 feet of the south 200 feet of the east '/2 of the cast %2 of the southwest 'A of the northwest '/4 of Section 25 , Township 9 North, Range 29 Fast W.M., except County Roads and less that portion for Pasco State Highway 3 parcel 5-496 by condemnation under Superior Court # 12112, except that portion lying northerly and westerly of that portion acquired by the State of Washington for Highway purposes in condemnation Superior Court #12112. Maintenance of the easement granted herein shall be the responsibility of the easement grantee and property owner. Section 4. That a certified copy of this ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County, Washington, Section 5. This ordinance shall take full force and effect five (5)days after approval,passage and publication as required by law. PASSED by the City Council of the City of Pasco,this 3 day of May 2010. Matt Watkins Mayor Pro-Tern Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr City Clerk City Attorney Vicinity Item: Street Vac. Road 32 & Nixon Applicant: Good News Church N Map File #: VAC 09-015 0 Area ,M' Vacated , XON -ST \ � - iN i M Q O ' i SYLVESTER ST AGENDA REPORT FOR: City Council April 26, 2009 TO: Gary Crutchfield,C' r Regular Mtg.: 513/10 Rick White, Community& Eeon ie Development Director FROM: Shane O'Neill,Planner I SUBJECT: SPECIAL PERMIT -- CLOSED RECORD HEARING) Location of a Caretaker Residence in an I-1 Zone (505 South 26`h Ave.) (Gemmell's Weldinv- & Service Shop) (MF#SP 10-006) 1. REFERENCE(S): 1. Vicinity Map 2. Resolution 3227 denying the caretaker residence 3. Binder containing the Hearing Record (Council packets only; copy available for public review in the Planning office, the Pasco Library or on the city's webpage at http://`wix,w.pasco-wa.gov/webapp/`cityco-uncilrepotu). 4. Motions II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 5/3: CONDUCT A CLOSED RECORD HEARING A. Council action based on the record(reports, correspondence and transcript)either: (1) Deny the Special Pennit as recommended by the Planning Commission; or (2) Remand the matter to the Planning Commission for further review on any specific issue(s); or (3) Approve the Special Permit based on revised findings. B. Possible motions are provided in Reference #4. 111, FISCAL IMPACT: NONE TV, HISTORY AND FACTS BRIEF: A. On February 18, 2010 the Planning Commission conducted a public hearing to consider a Special Permit for the location of a caretaker residence at 505 South 26"` Avenue. The Planning Commission recommended denial of a Special Permit for the caretaker residence. B. Following the Planning Commission decision the City Council set a Closed Record Hearing for May 3, 2010. V. DISCUSSION: A. A "Closed Record Hearing" consists of the written record of the Special Permit application, including testimony and the Planning Commission's deliberations. B. The Planning Commission has forwarded the City Council a recommendation for denial of the Special Permit for a caretaker residence. C. Should the Council decide to accept the Planning Commission's recommendation of denial, a motion approving Resolution 3227 is in order(Motion#1 on Reference 4). D, A Council decision to remand the matter to the Planning Commission would be accomplished by Motion #2 on Reference 4; and a Council decision to approve the Special Permit application would be initiated by Motion #3 on Reference 4 that would also require identification of revised findings/conclusions on which to base the approval. 8(a) Item: Caretaker , Zone vicinity A licant: T- y Gemmel N Map File s SP 10 ! 16 .%kid ff W' 0 out r •. i RESOLUTION NO. 3227 A RESOLUTION ACCEPTING THE PLANNING COMMISSION'S RECOMMENDATION AND DENYING A SPECIAL PERMIT FOR THE LOCATION OF A CARETAKER RESIDENCE AT 505 SOUTH 26" AVENUE. WHEREAS, on January 22, 2010 Ty Gemmel] submitted an application to locate a caretaker residence at 505 South 26`i' Avenue (Tax Parcel 119-472-116); and, WHEREAS, the Planning Commission held an open record hearing on February 18, 2010 to review the proposed caretaker residence application for a Special Permit; and, WHEREAS, following deliberations on March 18, 2010, the Planning Commission recommended denial of a Special Permit for the caretaker residence; and, WHEREAS, the City Council conducted a Closed Record Hearing on the Special Permit application on May 3, 2010; NOW, "THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that a Special Permit is hereby denied to Ty Gemmel] for a caretaker residence at 505 South 26`x' Avenue under Master File # SP 10-006 based on the findings and conclusions contained in the March 18, 2010 Planning Commission staff report. Passed by the City Council of the City of Pasco this 3rd day of May, 2010 Matt Watkins, Mayor Pro-Tern ATTEST: APPROVED AS TO FORM: Debra Clark, City Clcrk Leland B. Kerr, City Attorney REFERENCE #4 Motion Options The following motions can be used for action on the Caretaker Residence Special Permit 1) _Motion to Accept Planning Commission Recommendation: (Recommended by Staff) Motion 1: I move to approve Resolution 3227, denying a Special Permit for a Caretaker Residence at 505 South 26`J1 Avenue. 2) Motion to remand back to the Planning Commission: Motion 2: 1 move to remand the matter back to the Planning Commission for further review on (list the items of concern that need additional review or clarification). 3) Motion to Approve a Caretaker Residence: Motion 3: I move to table action on the Special Permit application until May 17, 2010 to allow staff time to prepare a Resolution of approval with findings and conditions of approval. AGENDA REPORT FOR: City Council !"1 April 22, 2010 TO: Gary Crutch l .1 Manager Workshop Mtg,: 4/26110 Regular Mtg.: 5/3/10 FROM: Stan Strebel, eputy C6y ° per SUBJECT: Utility Rate Adjustments 1. REFERENCE(S): 1. Proposed Ordinance 2. Water, Sewer Fund Analysis II. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 4/26: Discussion 5/3: MOTION: I move to adopt Ordinance No. , providing for adjustments to water and sewer utility rates effective July 1, 2010, and to irrigation rates effective January 1, 2011, and amending Chapter 3.07 of the Pasco Municipal Code regarding utility rates and, further, to authorize publication by summary only. III. FISCAL IMPACT: (Water, Sewer, Utility Tax) IV. HISTORY AND FACTS BRIEF: A) In preparation for the issuance of$6 million of water and sewer revenue bonds to pay for a portion of the new water treatment plant ($3 million), and the second clarifier at the sewer plant and other sewer projects ($3 million), staff has prepared an analysis of the projected revenues and expenses for the water and sewer fund over the next several years. B) The analysis suggests that while the sewer fund is relatively healthy, the water fund will shortly be lacking the resources necessary to cover operating expenses, meet debt service obligations and accomplish smaller, but necessary capital projects. Additionally, the irrigation fund is in a negative cash situation owing to significant improvements that have been made over the last few years. The attached analysis sheets illustrate the effect of the proposed rate changes suggested below. C) Staff recommends a water service rate increase composed of two parts. First, the monthly residential base fee (314" meter) be increased by $2.00 to $12.50 (19%); second, the consumption rate be increased from 540, to 65¢/hundred cubic feet (cf) (20.3%), Non-residential base and consumption rates would be increased by like percentages. The two adjustments, combined, are expected to generate an additional $996,7001yr; sufficient to cover the projected combination of operational and debt service expenses. The typical resident would realize an increase in monthly water rate charges of$3.10. 8(b) D) Fortunately, continued growth in sewer revenues, with monthly static expenses, offers the opportunity to offset part of the water rate increase to the typical homeowner. Given current projections, staffrecommends the monthly residential sewer fee be reduced by $1.53 and other user classes by a commensurate 5%, The effect of this change will reduce the combined impact to a typical resident to $1.57/month. See the table below for a comparison of current and proposed fees for a typical single family home on a monthly basis: CURRENT PROPOSED Water Base $10.50 $12.50 Water Consumption $5.40 56.50 1,000 c Sewer $27.53 $26.00 TOTAL $43.43 $45.00 E) With the proposed rate adjustments, the City's overall utility rates would still compare favorably to those of neighboring cities as shown below: PASCO RICHLAND KENNEWICK Water $19.00 $30.20 $19.89 Sewer $26.00 - 525,35 S19.24 TOTAL 545.00 $55.55 $39.13 F) Irrigation water rates were reduced from $32.00 to $24.00 per month in 2004. The systern has undergone considerable growth and improvements over the last several years and growth has paid for most of the improvements. In order to replace the irrigation fund into a positive cash position, a $2.00 per month increase (8.3%) to $26.00 is recommended. Irrigation charges apply from April through October. In order to limit the impact on homeowners for this year, it is recommended that this increase become effective January 1, 2011. V. DISCUSSION: A) Water base rates were last increased by 4% in 2003 and 2004 following the completion of a utility rate study. Sewer rates were increased by 2% in each of those years. Sewer Rates (excluding the hotel/motel rate) were reduced by 10% beginning in 2007. B) It should be noted that the last water rate adjustment occurred in 2004. Had the water base and consumption rate been adjusted each year for inflation (CPI), the current monthly cost would be $18,31 (a 15.2% increase over $15.90) and slightly lower than the $19,00 that will result from this recommendation. Having delayed those adjustments until truly needed (2010), ratepayers have paid the least possible for quality water service over the past six years. C) In terms of actual dollars (not percentages) the combined monthly expense for a typical residence in 2004 was $46,90. After the proposed adjustments to both water and sewer, the same resident would pay$45.00 monthly. D) Staff recommends approval of the water and sewer rate adjustments effective July 1, 2010. ORDINANCE NO AN ORDINANCE of the City of Pasco, amending Pasco Municipal Code Sections 3.07.160 (Water User Fees), 3.07.170 (Sewer User Fees) and 3.07.210 (Irrigation Water Utility) regarding utility rates. WHEREAS, The City Council has determined that certain amendments to the Water, Sewer and Irrigation user fees are needed; NOW, THEREFORE, the City Council of the City of Pasco, Washington, Does Ordain as Follows: Section 1. PMC Section 3.07.160, subsections A), B) and C) are amended to read as follows: 3.07.160 WATER USER FEES: A) Inside City: Fee/Charee Reference 1) Consumption—per 100 cubic foot $0.54 $0.65 13.20.050 2) Bulk—per 1000 gallons $0.75 $0,90 13.20.070 B) Residential—single family base fees: Effective Dates: 1/1/04 7/1/10 1) 3/4 and 518 inch—per month x&30 $12.50 13.20.020 2) 1 inch —per month $i 5,75 $18.74 13.20.020 3) Outside City; effective 11/1/02 90% surcharge 13.20.080 Sr. Citizen/Low Income: 4) 3/4 and 5/8 inch-- per month X50 $4.17 13.20.040 5) 1 inch—per month &5-?5 $6.25 13.20.040 6) Outside City; effective l 1/1/02 90% surcharge C) Commercial— multi-family, irrigation, commercial base fees: 1) 3/4 inch—per month $14.9 $17.61 13.20.030 2) 1 inch—per month $21.37 $25.43 13.20.030 3) 1-112 inch—per month P1.6 9 $49.61 13.20.030 4) 2 inch--per month $66.98 $79.59 13.20.030 5) 3 inch—per month $91.34 $108.69 13.20.030 6) 4 inch—per month $131.60 $156.60 13.20.030 7) 6 inch—per month $205.43 $244.46 13.20.030 8) 8 inch—per month $284.68 $338.77 13.20.080 9) Outside City; effective 1 1/1/02 901/o surcharge Section 2. AMC Section 3.07.170 subsection A) is amended to read as follows: 3.07.170 SEWER USE FEES: A) Residential and Commercial Base Fee Fee/Charge Reference Effective 711/10 1) Residential: a) 1-4 Units —per month $27.53 $26.00 13.40,020 b) 5 and over—per month $22.05 $20.95 13.40.020 c) Outside City 50% surcharge 13.40,060 d) Consumption None Sr. Citizen/Low Income: a) Single Dwelling Unit 9.18 58.72 13.40.050 b) Outside City 50% surcharge 13.40.060 2) Commercial a) Base Fee: per month $46--� $34.95 13.40.040 b) Consumption per 100 cubic feet over 1000 $1.29 13.40.040 cubic feet 3) Hotel/Motel; a) Base Fee; per unit/per month $5.90 $5.51 13.40.030 b) Consumption per 100 cubic feet over 1000 $1.29 13.40.040 cubic feet c) Outside City 50% surcharge 13.40.060 Section 3. PMC Section 3.07.210 subsections A) and D) are amended to read as follows: 3.07.210 IRRIGATION WATER UTILITY A) Irrigation water service; monthly rate, during Fee/Charge Reference irrigation season: Effective Dates 411/04 111111 1) Base rate, per unit, for single family residential $24.00 $26.00 13.61.190(A) properties 2) Basc rate, per unit, for non-single family 524,0 $26,00 13.61.190(B) residential property 3) Per irrigation unit $ 9 $8.12 13.61.190(C) 4) Per irrigated acre (public parks, playgrounds and $=70;09 $75.81 13.61.190(D) open spaces) B) Unauthorized turn-on(any repair cost additional) 550.00 13.61.090 C) Disconnect/Connect Service due to violation $50.00 13.61 .1.00 D) Annual System Availability fee 8z?9A $8$.80 13.61.060 Ordinance Amending RNL IC 3.07.160, 3.07.170 and 3.07.210 Page 2 Section 4. This ordinance shall be in full force and effect on and after July 1, 2010 after passage and publication, as provided by law. PASSED by the City Council of the City of Pasco at a regular meeting the 3rd day of May, 2010. Matt Watkins, Mayor Pro-Tem ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney Ordinance Amending 1'MC 3.07.160, 3.07.170 and 3.07.210 Page 3 WATER Actual Estimated Estimated Estimated Estimated Estimated Estimated 2009 2010 2011 2012 2013 2014 2015 TOTAL OPERATING REVENUES 6,687,079 7,162,625 7,680,100 7,822,296 7,966,616 8,113,159 8,252,976 TOTAL OPERATING EXPENSES 4,492,167 4,932,843 5,178,583 5,351,613 5,532,061 5,72D,266 5,916,585 NET INCOME 2,194,912 2,229,783 2,501,517 2,470,683 2,434,555 2,392,893 2,336,391 TOTAL CAP OUTLAYS 7,223,814 8,675,000 820,000 820,000 820,000 820,000 820,000 LESS; OUTSIDE FUNDING SOURCES 9,941,061 3,000,000 0 0 0 0 0 DEBT SERVICE 1,223,826 1,691,772 1,822,875 1,818,986 1,809,187 2,042,487 2,042,487 TRANSFERS OUT 35,215 28,238 28,238 28,238 28,238 28,238 28,238 BEGINNING CASH RESERVES 2,399,549 6,087,883 950,893 809,535 641,232 446,599 -22,995 ENDING CASH RESERVES 6,087,883 950,893 809,535 641,232 446,599 -22,995 -549,091 NET INCOME FOR DEBT SERVICE REQT 3,163,394 3,447,907 3,781,093 3,762,826 3,739,537 3,710,993 3,667,894 NET INCOME AFTER DEBT SERVICE 1;939,569 1,756,135 1,958,218 1,943,839 1,930;350 1,668,506 1,625,407 DEBT SERVICE COVERAGE RATIO 2.581/6 2.04% 2.07% 2.07 0/6 2.07% 1.82% 1.80% Assume 2010 operating revenues increase by$498K Assume 2011 operating revenues at 102%2010 plus $498K 2012 and beyond, prior year plus 2% SEWER Actual Estimated Estimated Estimated Estimated Estimated Estimated 2009 2010 2011 2012 2013 2014 2015 TOTAL OPERATING REVENUES 7,609,737 7,450,914 7,651,997 7,761,470 7,965,454 8,187,605 8,417,328 TOTAL OPERATING EXPENSES 3,592,312 4,202,252 3,842,046 3,990,636 4,145,594 4,307,208 4,475,778 NET INCOME 4,017,425 3,248,662 3,809,950 3,770,834 3,819,860 3,880,397 3,941,550 CAPITAL OUTLAYS 1,520,250 2,120,000 3,050,000 770,000 500,000 500,000 500,000 LESS; OUTSIDE FUNDING SOURCES 369,606 3,367,646 355,244 240,301 227,800 227,300 227,300 DEBT SERVICE 2,430,006 2,546,067 2,648,601 2,532,520 2,509,600 2,509,100 2,509,100 TRANSFERS-OUT 1,127,996 288,000 300,000 312,000 324,000 336,000 336,000 BEGINNING CASH RESERVES 1,184,249 493,028 2,155,270 321,863 718.477 1,432,537 2,195,134 ENDING CASH RESERVES 493,028 2,155,270 321,863 718,477 1,432,537 2,195,134 3,018,884 NET INC. FOR DEBT SERV. COVERAGE 4,703,056 3,897,823 4,471,012 4,447,913 4,513,428 4,590,938 4,669,563 NET INCOME AFTER DEBT SERV. 2,273,050 1,351,756 1,822,411 1,915,393 2,003,828 2,081,838 2,160,463 DEBT SERV COVERAGE RATIO 1.94% 1.53% 1.69% 1.76% 1.80% 1.83% 1.86% Assume 2010 operating revenues decrease by$152.5K Assume 2011 operating revenues at 103% 2010 less $152.5K 2012 and beyond, prior year plus 3% IRRIGATION Actual Estimated Estimated Estimated Estimated Estimated Estimated 2009 2010 2011 2012 2013 2014 2015 TOTAL SOURCES OF FUNDS 721,553 1,338,428 856,537 893,553 930,958 968,728 1,006,834 TOTAL OPERATING EXPENSES 598,069 622,901 724,773 751,968 780,225 809,593 840,124 NET INCOME 123,484 715,526 131,764 141,586 150,733 159,135 166,710 TOTAL CAPITAL OUTLAYS 392.843 180,000 50,000 50,000 50,000 50,000 50,000 LESS: OUTSIDE FUNDING SOURCES 0 0 0 0 0 0 0 DEBT SERVICE 67,944 67,785 66,366 66,477 66.477 66,477 66,477 TRANSFERS OUT 0 0 0 0 0 0 0 BEGINNING CASH RESERVE -102,005 -439,308 28,433 43,831 68,940 103,196 145,855 ENDING CASH RESERVE •439,308 28,433 43,831 68,940 103,196 145,855 196,088 NET INCOME FOR DEBT SERVICE REQT 185,025 779,786 204,473 217,389 229,630 241,126 251,795 NET INCOME AFTER DEBT SERVICE 115,025 709,786 134,473 147,389 159,630 171,126 181,795 DEBT SERVICE COVERAGE RATIO 2.64% 11.14% 2.92% 3.11% 3.28% 3.44% 3.60% Assumes 2011 Irrigation Rate @ 261mo AGENDA REPORT FOR: City Council. April 26, 2010 TO: Gary Crutchfiel Tanager Regular Mtg.: 5/3/10 Rick White,W Community & Economic Development Director FROM: David 1. McDonald, City Planner SUBJECT: SPECIAL PERMIT (MF# SP 10-009): Location of a Community Health Clinic in a C-l Zone (Community Service Facility Level I La Clinica Rural Health) (715 W. Court St.) 1. REFERENCE(S): 1. Vicinity Map 2. Proposed Resolution 3. Report to Planning Commission 4. Planning Commission Minutes: Dated 3/18/10 and 4/15/10 It. ACTION REQUESTED OF COUNCIL/ STAFF RECOMMENDATIONS: 5/3: MOTION: 1 move to approve Resolution No. , approving the special permit for the location of the La Clinica Community Service Facility at 715 West Court Street as recommended by the Planning Commission. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On March 18, 2010, the Planning Commission conducted a public hearing to determine whether or not to recommend a special permit be granted for the location of a community health clinic to be located at 715 West Court Street. B. Following the conduct of the public hearing, the Planning Commission reasoned that with conditions, it would be appropriate to recommend approval of a special permit for the communnity health clinic. C. "The recommended conditions are contained in the attached Resolution. D. No written appeal of the Planning Commission's recommendation has been received. 8(c) Vicinity Item: Special Permit - Health Clinic Map Applicant: La Clinica File #: SP -- AGATE.*T ,, ;' - -- RUBY Sr MAW SITE . . � 7 COO I ML a=.=;'I RESOLUTION NO. A RESOLUTION ACCEPTING THE PLANNING COMMISSION'S RECOMMENDATION AND APPROVING A SPECIAL PERMIT FOR THE LOCATION OF A COMMUNITY SERVICE FACILITY FOR LA CLINICA WHEREAS, La Clinica South Columbia Rural Health, submitted an application for the location of a Community Service Facility Level One (a health clinic) at 715 West Court Street (Tax Parcel 113-394-202); and, WHEREAS, the Planning Commission held a public Bearing on March 18, 2010 to review the proposed health clinic building; and, WHEREAS, following deliberations on April 15, 2010 the Planning Commission recommended approval of a Special Permit for the proposed La Clinica building with certain conditions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: 1. That a Special Permit is hereby granted to La Clinica South Columbia Rural Health for the location of a Community Service Facility Level One health clinic in an C-1 (Retail Business) District tinder Master File # SP10-009 with the following conditions: a) The special permit shall be personal to the applicant; b) The clinic shall be developed in substantial conformance with the site plan submitted with the application; C) No driveway shall be permitted on Court Street; d) The special permit shall be null and void if a building permit has not been obtained by May 31, 2012, Passed by the City Council of the City of Pasco this 3rd day of May, 2010, Matt Watkins, Mayor Pro-Tern ATTEST; APPROVED AS TO FORM I : Debra L. Clark, City Clerk Leland B. Kerr, City Attorney 1 REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 10-009 APPLICANT: La Clinica HEARING DATE: 3/ 18/2010 P.O. Box 1452 ACTION DATE: 4/ 15/2010 Pasco, WA 99302 BACKGROUND REQUEST: SPECIAL PERMIT: Location of a Community Service Facility. Level One (non-profit community health clinic) in a C-1 Zone 1. PROPERTY DESCRIPTION: Leal: Lot 3, Henderson's Addition together with the N 129.5 ft. of the S 330 ft. except the W 183.3 ft. of the N 1/2 of the SE 1/4 of the SE 1/4 of the SE 1/4 of Sec 19 T9N R30E and together with Tract 5A described as the S 50 ft. of the N 284 ft. of the E 165 ft. of the E 1/2 of SE 1/4 of the SE 1/4 of the SE 1/4 of Sec 19 T9N R30E less roads and right-of-way and other lands under parcel # 113-394-202 General Location: 715 W. Court Street Property Size: 1.7 acres 2. ACCESS: The site is accessible from Court Street and 5th Avenue. 3, UTILITIES: All municipal utilities are available to the site from surrounding rights-of-way. 4. LAND USE AND ZONING: The site is zoned C-1 (Retail Business) and R- 3 (Medium Density Residential) and contains a parking lot and vacant land. Surrounding properties are zoned and developed as follows: NORTH: R-3 - Residential SOUTH: C-1 - CAC Office Building EAST: C-1 - Restaurant WEST: R-3 - Apartments 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Commercial uses. The Plan does not specifically address health clinics, but various elements of the plan encourage locating businesses in appropriate locations for their anticipated uses. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. This proposal has been issued a Determination of Non-Significance (DNS) in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43.21(c) RCW, ANALYSIS The applicant is proposing to construct a 30,791 square foot non-profit community health clinic at 715 W. Court Street. The proposed facility will house a dental clinic, a behavioral health clinic and a WIC (Women with Infant Children) and First Steps office. The dental facility will be housed on the main floor; the other offices will occupy the second and third floors. The basement will be used for record storage. The site is located on the north side of W. Court Street; 100 feet west of 5'h Avenue. Court Street is an arterial street and a bus route. Court Street and 5th Avenue are fully developed and would require no additional infrastructure improvements. There is a traffic signal at the intersection of 51L" Avenue and Court Street. The site contains an existing parking lot with 132 off-street parking spaces. These parking spaces are all located directly to the north of where the proposed new office building will be built. The existing parking lot was previously reviewed and approved through the special permit process in 2000. The Pasco Municipal Code requires a minimum of 93 spaces to accommodate the clinic. Approximately 12-14 existing parking spaces will be eliminated by the building construction leaving 118 spaces available for use by the clinic. However, six of the spaces in the parking lot need to be reserved for the existing facility on the east side of 5th Avenue. La Clinica's original office was located at 513 W. Court Street. In the mid- 1980's the City provided La Clinica with a small amount of funding to expand that original building. That original building was expanded several times to include the two buildings to the west. The new building being considered for a special permit will be used to house services that are currently located in the existing facilities on the east side of 5th Avenue. When the dental clinic and other activities move to the new building, the administrative offices (purchasing, accounting, record keeping etc.) and medical services will expand into the vacated space. The existing facility has a parking lot with 50 spaces. La Clinica also leases another 40 spaces from an adjoining property owner. Non-profit community clinics are defined as Community Service Facilities (Level One) and as such are required to obtain a special permit before locating anywhere within the city. The existing La Clinica facility at Court Street and 5th Avenue, the Yakima Valley Farm Workers Clinic (Mir Mar) on Road 44 and the Planned Parenthood Clinic are examples of other non-profit clinics that were reviewed in the past through the special permit process. These types of clinics, as well as other medical offices are located in "O" (Office) or "C-1" (Retail Business) zoning districts. 2 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 located within the Pasco Urban Growth Boundary. 2. The Comprehensive Plan identifies the site for Commercial uses. 3. The site is zoned C-1 (Retail Business) and R-3 (Medium Density Residential). 4. Non-profit health centers are defined by the zoning regulations (PMC 25.12.155) as Community Service Facilities (Level One) which require review by the special permit process prior to locating or expanding in any zone. 5. Other non-profit community health clinics in the community are located in "C-1" (La Clinica 8, Planned Parenthood) or "O" (Yakima Valley Farm Workers Health Clinic) zones. 6. For-profit medical offices & clinics are permitted uses in C-1 zones. 7. The site proposed for the La Clinica building is currently partially developed with a parking lot that was previously approved through the special permit process. 8. The parking lot on the site is accessed from N. 5',h Avenue only. 9. The proposed driveway accessing Court Street is for UPS and FedEx type delivery trucks only. 10. Delivery trucks are expected at the site twice a week. 11. The proposed Court Street driveway is approximately 5 feet west of the existing Garibaldi Restaurant driveway. 12. The proposed Court Street Driveway is about 100 feet west of the 5th Avenue/Court Street traffic signal. 13. A survey of the La Clinica parking lots at 2:30 pm on March 16, 2010 revealed there were 91 unused spaces. 14. A survey of the La Clinica parking lots at 10:30 am revealed there were 56 unused parking spaces. 15. Services currently being provided in the La Clinica building on the east side of 5L" Avenue will be relocated to the proposed building. 16. La Clinica has been located near the corner of 5th Avenue and Court Street since the early to mid-1980's. 3 17. The Benton Franklin CAC building is located on the south side of Court Street directly opposite the proposed La Clinica building. 18. The proposed building will be open for business Monday-Friday from 8:00 am to 5:00 pm. 19. Business hours for restaurants, taverns, membership clubs and retail stores which are permitted in the C-1 zoning district often extend to 9;00 pm or later. 20. PMC 28.86.060 requires the Planning Commission to make and enter findings and conclusions from the record as to whether or not: a) The proposal is in accordance with the goals, policies, objectives, maps and/or narrative text of the Comprehensive Plan; b) The proposal will adversely affect public infrastructure; c) The proposal will be constructed, maintained and operated to be in harmony with the existing or intended character of the general vicinity; d) The location and height of proposed structures and the site design will discourage the development of permitted uses on property in the general vicinity or impair the value thereof; e) The operations in connection with the proposal will be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district; and fj The proposal will endanger the public health, or safety if located and developed where proposed, or in any way will become a nuisance to uses permitted in the district. CONCLUSIONS BASED ON THE FINDINGS OF FACT Before recommending approval or denial of a special permit, the Planning Commission must develop findings of fact from which to draw its conclusions based upon the criteria listed in P.M.C. 25.86.060. The criteria are as follows: 1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive PlanP The site is identified in the Comprehensive Plan for commercial uses. The proposed medical clinic is an office use typically found in commercial areas. The Comprehensive Plan encourages the development of a wide range of commercial uses located to support, local and regional needs. The proposed use is located near other related medical facilities on Court Street (La Clinica main office) and the Hospital and medical offices on 01 Avenue. The proposed facility 4 is located near the intersection of two major arterial streets (01 Avenue & Court Street) 2) Will the proposed use adversely affect public infrastructure? All municipal utilities are currently available to the proposed site from adjoining right-of-way. Most of the daily client base is currently being provided services in the existing La Clinica building on the east side of 5th Avenue. The proposed facility will not generate a greater demand on infrastructure than uses permitted in the C-1 zoning district. The location of the proposed driveway on Court Street could impede the flow of traffic on Court Street. Restricting access to the existing driveway on N. 5th Avenue would resolve any adverse traffic impacts on Court Street resulting from an extra driveway on Court Street. 3) Will the proposed use be constnrcted, maintained and operated to be in harmony with the existing or intended character of the general vicinity? The general area surrounding the intersection of 5th Avenue and Court Street contains office buildings and restaurants. The proposed use is an office building housing services similar to those currently being provided in surrounding offices. The proposed building will enhance the character of the general area by eliminating an unsightly vacant lot. The proposed use will be less intense than other permitted uses within the C-1 District such as restaurants, nightclubs and certain types of stores. A medical/dental clinic/office will be operated and maintained in harmony with the 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 proposed office building will be located on one of the remaining vacant parcels near the corner of 5th Avenue and Court Street. The construction of a new office building will likely have a positive impact on the neighborhood. The elimination of a vacant lot will also have a positive impact on the surrounding area. A search of commercial property tax records (3/3/2010) for properties adjacent to the existing La Clinica building on Court Street revealed that values have increased over the past several years. Some property values have almost doubled since 2005. 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? 5 Health clinics are generally less intense land uses than general retail uses. This use will not generate vibrations, noise or fumes that often accompany permitted uses such as car washes, shops, restaurants and taverns. A medical clinic/office may be less disruptive to the adjacent residences than other permitted uses due to the fact the clinic will be closed on weekends and during evening hours when people tend to be home. The current La Clinica facilities on the east side of 5th Avenue have not generated nuisance complaints about noise, dust or other activities. 6) Will the proposed use endanger the public hearth or safety if located and developed where proposed, or in any way become a nuisance to uses permitted in the district? Health clinics and medical offices are typically located within commercial zoning districts and have not been found to create health or safety concerns for neighboring businesses. The Planned Parenthood facility that was located on 20th Avenue several years ago was not a nuisance to other nearby uses on 20th Avenue. Other uses permitted in the C-1 zone such as car-washes, taverns, nightclubs and restaurants are more likely to be disruptive than the proposed clinic. The proposed site layout with a driveway on Court Street could become a nuisance to the adjoining restaurant due to the lack of separation between the driveways, The narrowness of the proposed driveway and short distance from the 501 Avenue traffic signal could potentially create safety concerns for traffic on Court Street. These concerns can be addressed by eliminating the driveway on Court Street. RECOMMENDED APPROVAL CONDITIONS 1) The special permit shall be personal to the applicant; 2) The clinic shall be developed in substantial conformance with the site plan submitted with the application; 3) No driveway shall be permitted on Court Street; 4) The special permit shall be null and void if a building permit has not been obtained by May 31, 2012. RECOMMENDATION MOTION for Findings of Fact: I move to adopt findings of fact and conclusions therefrom as contained in the April 15, 2010 staff report. 6 MOTION for Recommendation: I move based on the findings of fact and conclusions as adopted the Planning Commission recommend the City Council grant a special permit to La Clinica for the location and operation of a Level-One Community Service Facility at 715 West Court Street with conditions as listed in the April 15, 2010 staff report. 7 Vicinity Item: Special Permit - Health Clinic Map Applicant: La Clinica File #: SP 10-009 :o AGATEkT , r;A ' • � t 'tR, e r bl,I ,.. � RUBY S TS R '44 SITE F.,c.r... 4 A._j f er F • r L Y { r t T' Land Item: Special Permit - Health Clinic 1 Use Applicant: La Clinica {x} Map File # : SP 10-009 I AGATE ST _ �_ � MF � ' Mobile SFDU - I Homes Vac MF RUBY MF SITE Commercial III Office Office COURTST I � Office FSFDU Office Commercial �I J L. Zoning Item* Special Permit - Health Clinic 1 Applicant: La Clinica �C} Map File #: SP 10-009 AGATE ST R-3 ! RP = R-1 R-4 UBYST R-3 pR-3 , SITE F � RUBY ST Lu uj CM1 V1011 COURT ST 99091 CA CA � � i i ! / ! � ' ! � Ruby ��� �� , - - -- -- _ Street_ _ - . LO-_ - ------ - --� Z FOOTPRINT -- -- --_ ----_--- _--__ -_--- -_ / . ir / NEW CUNICAL SMMM BUILDING � - ------- | / / / ' | ' | | -- - -__---___- � ---- - - - --_-----_� Court Street | ����NN � � ��N�����U ------- '° 1 rpa MCIF$/!J rn^7.3L•'!:GO //O(f.r�,�7/t IY.weq W(-- •�rsa.ns`s» 1 t Pf4-T1MS.t0 MIL i DFS I + rOrS } P1IWA W � :%�•. ,.�•• ` to*6:GIN.'' I Ltl•_ ',•fig I" �t eK + X 1• ,i,,- r. I rut v NOTES i It GRr_"vFNFfA CYIITMV p{g 1��RAtl LNG FT RWC 'tJMi NT PILP GLT�kING NC EAST ELEVATION n•�rnL i i Oig T I Lj •Vi'`'i '�. fir .• S U co A201 �*xer[-wnNC once— �;rutruN ers es�_ w7. GL 2J+G cWts'Bt�10W01 NORTH ELEVATION YYYY i�C-o• `fY' �Y i, ras na,is N+o�t�w,ses h+w n x¢.iv,x,e �a'-nvvn.uR E +S�r ri 7 JAM• S t f..✓A_ I S �= ,'.l;r' ' NOTES t Y �I� J '771}+-�1'II-7�I•`F ' � {����,�,h' �� ' +T CHEMATI DESIGN WEST ELEVATION in n 5 � Y n..ov 34r 4/! sJ r/tti:. r ra i� C W a J} � t+ � � ,. ^'��Is�y�1'•"yrL e tJ�y�L-��}' �V � '15`•ry:LA� a.�a•JS ';4• _'-_,f y.- `y:twr�''-"'`� t, y A202 n --cam wFL.w —?t Mw.[n src Horn °I"L"i0 �n7�camt SOUTH ELEVATION Planning Commission Minutes 3/18/2010 A. SPECIAL PERMIT Location of a Community Health Clinic in a C-1 Zone La Clinica Rural Health 715 W. Court Street (MF'# SP 10-009 Chairman Samuel read the master file number and asked for comments from staff. Mr. McDonald, City Planner stated the applicant applied for a new community health center. The PMC defines community health clinics as community service facilities level one. As such they require review by the Planning Commission through the special permit process prior to receiving a building permit. The proposed building and site plan were reviewed. Parking needs were identified and several aerial photos were reviewed showing a large number of vacant parking spaces at different times of the day. Staff expressed concern over the location of the proposed driveway on Court. Street adjacent to the Garibaldi's driveway. It was suggested that all access to the building come from the existing driveway on 5th Avenue. Aaron Maxey, 7803 W. Deschutes Avenue, Kennewick, WA representing La Clinica stated they were committed to enhancing the community in a positive way. They proposed to expand their clinical services. The existing parking lot along 51h Avenue was developed with a future building in mind back in 2003. A federal grant is funding this project. The dental services, WIC/First Steps and behavioral health services will be housed in the new facility which will eliminate foot traffic from crossing 5th Avenue. Mr. Maxey stated the Court Street Driveway would be used only for delivery trucks a couple of times a week. Commissioner Hay asked Mr. Maxey on the typical size of delivery trucks that frequent their facility. Mr. Maxey stated the maximum size would be similar to the FedEx box shaped trucks. The proposed driveway is intended to be a one-way driveway for delivery trucks instead of having trucks coming in from 5th Avenue and backing into the loading docks. Chairman Samuel asked if they intended to place signage stating "Delivery Entrance Only". Mr. Maxey stated yes signs would be posted. 1 Mr. McDonald indicated a letter had been submitted in response to the public notice and that letter had been provided on the bench as Exhibit #1. Chairman Samuel opened the public hearing. Maurice Devers, 1531 N. 4t" Avenue, Pasco, WA stated he owns North Side Mobile Home Park and has for the past 20 years. He stated he has witnessed foot traffic and jaywalking across 5th Avenue and has never seen 55 vacant parking spaces as mentioned by Mr. McDonald. He was concerned about parking traffic and emergency vehicles blocking 5th Avenue, Chairman Samuel asked Mr. Devers if the blockage of the street by delivery and emergency trucks was a nuisance. Mr, Devers stated it was. Chairman Samuel questioned Mr. Devers if he had any suggestions on how to mitigate the nuisance, Mr. Devers stated the jaywalking could be prevented if the employees used the crosswalk on Court Street. Chairman Samuel asked Mr. Devers about his observation of the parking situation. Mr. Devers stated it was not that bad right now, but in the past there, were cars parked on both sides of 5th Avenue from Ruby Street to Agate Street. Charlotte Devers, 1531 N. 411, Avenue read the letter they submitted (Exhibit #1). Mr. Devers stated he was in favor of La Clinica but is concerned about the parking. Mrs. Devers agreed. Ramona Castro, 5120 Robert Wayne Drive, Pasco, WA stated she has worked with La Clinica for 28 years and was very excited about La Clinica's success. She stated they are mandated by their supervisors not to park on 5th Avenue. Mr. Maxey stated they shared the concerns about jaywalking and parking. Two-thirds of their patients will go to the new building thereby eliminating the jaywalking. Commissioner Little asked about the number of employees at the facility. 2 Mr. Maxey stated La Clinica has approximately 200 employees at all their clinics in the Tri Cities. Commissioner Little asked how many providers were on staff. Mr. Maxey stated 5-6 providers. Chairman Samuel mentioned the emergency vehicles blocking the road and asked Mr. Maxey for comments. Mr. Maxey stated they do have designated parking established and a route for deliverie s. Mr. Devers questioned the number of parking spaces available on 5th Avenue. Mr. McDonald stated there were 132 parking spaces. He submitted for the record aerial photos of the parking lot at different intervals (Exhibit #2) during the day showing vacant parking spaces. He mentioned it is not uncommon for emergency vehicles to stop on streets all over town. Chairman Samuel asked what was the Engineering Department's opinion on the proposed one-way driveway is. Mr. McDonald stated the driveway was a concern since it is within 100 feet of 5th Avenue and Court Street and it conflicts conflict with the Garibaldi driveway. The other issue with the driveway is the proposed width of 24 feet. Chairman Samuel asked if the Engineering Department understood the applicant's position on only a few deliveries a day. Mr. McDonald stated it was his understanding there would only be a few deliveries daily however he was not sure if that was the Engineering Departments' understanding. He also mentioned even though La Clinica proposed to label the driveway with "deliveries only" signs there wouldn't be a way to police it. Chairman Samuel asked if staff was looking for direction on this item. Mr. McDonald stated yes. Commissioner Cruz was reluctant to approve the driveway on Court Street. Chairman Samuel asked the applicant if the driveway was not approved would that stop production. 3 Mr. Maxey stated they do have an alternate plan. He further stated they only have a few deliveries a week not daily. Renata Presby, 209 Broadmoor, Richland, WA stated she was the architect for this project and the one-way entrance was discussed and an alternate route for deliveries would hinder the pedestrian traffic. Commissioner Anderson questioned Ms. Presby on how they proposed to stop traffic from driving through the delivery driveway and commented the safety for the public on the street outweighed the twice a week deliveries. Ms. Presby stated signage would be in place and adding a curb in the middle lane would prevent traffic from coming in from another direction. Commissioner Anderson stated he was not concerned of traffic turning left into the driveway; he is concerned with the traffic turning right off of Court Street westbound. He stated the driveway would be used with or without the signage. Ms. Presby stated the signage would prevent that. Commissioner Anderson stated it was private property and there was nothing to stop people from driving through the driveway. Chairman Samuel called for comments from Commissioners on the driveway. All Commissioners stated they would not be in favor of a driveway from Court Street. Commissioner Cruz moved, seconded by Commissioner Little, to close the hearing on the proposed special permit for the La Clinica site and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the April 15, 2010 meeting. The motion passed unanimously. 4 Planning Commission Minutes 4/15/2010 C. SPECIAL PERMIT Location of a Community Health Clinic in a C-1 Zone (La Clinica Rural Health) (715 W. Court Street) LMF# SP 10-009) Chairman Samuel read the master file number and explained the proposed special permit had been reviewed during a public hearing in March. The Chairman asked if staff had any additional comments. Mr. McDonald, City Planner, indicated that as a result of discussion at the hearing, the recommended conditions include a prohibition against a driveway on Court Street. It was further pointed out that the applicant had redrawn the site plan for the proposed clinic to eliminate the driveway in question. Chairman Samuel asked staff to comment on parking concerns raised by the public during the hearing. Mr. McDonald stated the adjoining property owner raising the parking issues explained in his testimony that the parking situation had improved since the parking lot was constructed on the west side of 5th Avenue. Much of the complaint was about parking problems before the new parking lot was built. Mr. McDonald also stated an analysis of the parking lots had been completed and with the construction of the new building meets the minimum parking requirements. Commissioner Cruz moved, seconded by Commissioner Hay, to adopt findings of fact and conclusions therefrom as contained in the April 15, 2010 staff report. The motion passed unanimously. Commissioner Cruz moved; seconded by Commissioner Hay, based on the findings of fact and conclusions as adopted the Planning Commission recommend the City Council grant a special permit to La Clinica for the location and operation of a Level-One Community Service Facility at 715 West Court Street with conditions as listed in the April 15, 2010 staff report. The motion passed unanimously. Staff explained the appeal process for the benefit of the audience. AGENDA RE-PORT FOR: City Council April 26, 2010 TO: Crary Crutchfield, ' ' ; anager Regular Mtg.: 5/3/10 Rick White, Community & Ec nomic Development Director FROM: David 1. McDonald, City Planner SUBJECT: SPECIAL PERMIT (MF# SP 10-007): Location of an Auto Body Sho in a C-3 Zone (Action Auto Services) (1900 Block of N. 4th Ave.) I. REFERENCE(S): 1. Vicinity Map 2. Proposed Resolution 3. Report to Planning Commission 4. Planning Commission Minutes: Dated 3/18/10 and 4/15/10 1I. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 5/3: MOTION: 1 move to approve Resolution No. , approving the special permit for the location an auto body shop at 1948 North O'Avenue as recommended by the Planning Commission. III. FISCAL IMPACT: NONE IV. IIISTORY AND FACTS BRIEF: A. On March 18, 2010, the Planning Commission conducted a public hearing to determine whether or not to recommend a special permit be granted for the location of an auto body shop at 1948 North 4th Avenue. B. Following the conduct of the public hearing, the Planning Commission reasoned that with conditions, it would be appropriate to recommend approval of a special permit for the auto body shop. C. The recommended conditions are contained in the attached Resolution. D. No written appeal of the Planning Commission's recommendation has been received. 8(d) Vicinity Item: Special Permit - Auto Body Shop Applicant: Action Auto Services N Map File ##: SP 10-007 . , -J►AY T = - Ar AN ST SITE It, 4W%9P ILLK _ 1 El off r RESOLUTION NO. A RESOLUTION ACCEPTING THE PLANNING COMMISSION'S RECOMMENDATION AND APPROVING A SPECIAL PERMIT FOR THE LOCATION OF AN AUTO BODY SHOP AT 1948 NORTH 4" AVENUE. WHEREAS, Action Auto Services, submitted an application for the location of an auto body shop at 1948 North 4th Avenue (Tax Parcel 113-452-185); and, WHEREAS, the Planning Commission held a public hearing on March 18, 2010 to review the proposed auto body shop; and, WHEREAS, following deliberations on April 15, 2010 the Planning Commission recommended approval of a Special Permit for the proposed auto body shop with certain conditions; NOW, THEREFORE, RE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: 1. That a Special Permit is hereby granted to Action Auto Services for the location of an auto body shop in a C-3 (General Business) District under Master File # SP 10- 007 with the following conditions; a) The special permit is personal to the applicant. b) The landscaping along North 4th Avenue on the applicant's property and in the eight-of-way shall be improved to meet the Gateway and Corridor Plan. This condition will be considered fulfilled if the City carries out the N. 0h Avenue Gateway and Corridor improvements prior to 11/1/2010. If the improvement project is not completed by 11/1/2010 the landscape requirements along N. 4`h Avenue will become an obligation of the property owner and must be completed by April 1, 2011; c) The water meter at the south end of the sound/screening wall on 5`h Avenue must be moved outside of the sound/screening wall. The wall must be completed to the corner of the property abutting Lot 20, Bucks Addition; d) A solid block wall 6 feet in height shall be installed along the north line of Lot 20, Bucks Addition for a distance of 80 feet east of the 5`h Avenue sound wall; e) The first five (5) feet of the property adjacent to North 51h Avenue shall be landscaped. All landscaping plans shall be approved by the City prior to construction; f) An approved spray booth, spray equipment and paint ventilation equipment must be installed in the building permitted under building permit # B10-0171; 1 g) The applicant shall be responsible for obtaining all required Department of Ecology air quality permits for the paint booth; h) No painting, metal bending, fabrication, priming or grinding shall occur outside of an approved building; i) The special perrnit shall be null and void if a building permit for required paint booth improvements has not been obtained by May 31, 2011. Passed by the City Council of the City of Pasco this 3'd day of May, 2010. Matt Watkins, Mayor Pro-Tem ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney 2 REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 10-007 APPLICANT: Action Touring HEARING DATE: 3/ 18/10 1948 N. 4th Avenue ACTION DATE: 4/ 15/10 Pasco, WA 99301 BACKGROUND REQUEST: SPECIAL PERMIT: Auto Body Shop in a C-3 (General Business) Zone i. PROPERTY DESCRIPTION: Legal: Lots 9-13, Buck's Subdivision General Location: 1948 N. 4th Avenue Property Size: 19,166 ft.2 2. ACCESS: The property has access from N. 4th Avenue. 3. UTILITIES: All municipal utilities are available to the site. 4. LAND USE AND ZONING: The property is zoned C-3 (General Business) and contains a vehicle storage yard, a towing business and a commercial building used for automotive repair work. Surrounding properties are zoned and developed as follows: NORTH: C-3 & C-1- RV Park and automotive repair SOUTH: C-3 & C-1 — Auto storage and a Veterinarian Clinic EAST: C-1 & I-1 — Convenience store, laundry and construction trailer rentals WEST: R-1 - Residential 5, COMPREHENSIVE PLAN: The Comprehensive Plan designates the property for commercial uses while the east side of N. 4th Avenue is set aside for industrial uses. The properties to the north are designated for commercial and residential uses. Properties west of the site are designated for low density residential uses. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the State Environmental Policy Act checklist, the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Determination of Non-Significance has been issued for this project under WAC 197-11-158. ANAYLSIS The property in question has been zoned C-3 for more than 35 years and has been used by a variety of construction related businesses. The construction companies used the site for many years to service and repair heavy equipment. In 2004 the City Council approved a special permit to allow the location of an auto body shop on the property. The applicant complied with most of the special permit conditions but never fully installed an approved paint booth. For the past six years the property has been used for a towing yard, auto sales and auto repair. The applicant is in the process of constructing a new office and shop building on the site for automotive repair including a new auto body shop. According to the definition of an "Auto Body Shop" in Pasco Municipal Code said use includes improvement and restoration of automobiles by sanding, priming, painting, straightening and other like repair and restoration. Effects of this use often include noise and emissions. Auto Body Shops are listed as Permitted Conditional Uses in C-3 zones and are thereby required to obtain a special permit prior to establishment. The special permit process provides an opportunity to review proposed land uses to determine whether or not conditions can be applied that will ameliorate any possible negative impacts to surrounding uses. In the case of an Auto Body Shop, sight screening, sound walls and the proper use of spray booths and ventilation equipment can all be used to lessen negative impacts to adjoining properties. The proposed site is located in a C-3 zone just south of the Green Tree Mobile Home and RV Park. The site is also located just to the east (across N. 5th Avenue) of the View Terrace and Kirchner Hill Additions. These subdivisions are developed with single family dwellings. The Washington State Department of Transportation maintenance yard and shops are located approximately 400 feet to the south of the site in question. To address the concerns associated with auto body shop noise generation, fumes and other impacts, the previously approved special permit included conditions prohibiting outdoor grinding, priming or painting. A code approved spray booth and ventilation equipment were also required. Due to the location of nearby residential properties a sound wall was also a requirement. Auto body shops are considerably more hazardous than most business activities with respect to fire safety. That is one of the reasons auto body shops are generally directed to industrial zoning districts. The location of the proposed site is half a block off of N. 4th Avenue (the primary access) and 2 hidden more or less behind another building. On site stored vehicles and fencing all create fire safety concerns. 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 as deemed appropriate. 1. The site is zoned C-3. 2. The property is located at 1948 N. 4th Avenue. 3. Heavy equipment service and repair occurred on the site for many years, 4. Vehicle towing, storage, repair and sales activities presently occur on the site. 5. Automotive repair facilities are located to the north of the site. 6. The applicant was granted a special permit to operate an auto body shop on the site in 2004. 7. The Green Tree RV Park is located to the north. 8. Residential uses are located on the west side of 5th Avenue. 9. The Washington State Department of Transportation maintenance yard and shops are located 380 feet to the south of the site. 10. Noise and odors are often associated with the operation of auto body shops. 11. Fourth Avenue is included in the City's Gateways and Corridors Plan. CONCLUSIONS BASED ON THE FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusions based upon the criteria listed in P.M.C. 25.86.060. The criteria are as follows: 1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The Comprehensive Plan designates this area for commercial development. The Plan encourages the development of a wide range of commercial land uses. The proposed use is a heavy commercial land use. 2) Will the proposed use adversely affect public infrastructure? The proposed use will not create a significant impact on infrastructure. Sewer and water usage for an auto body shop is minimal_ 3 3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The neighborhood between N. 4th Avenue and N. 5th Avenue, north of Agate Street is generally characterized by a mix of heavy (high intensity) commercial activities. The Washington State Department of Transportation shops and heavy equipment yard are located just north of Agate Street about 380 feet south of the site in question. Automotive related businesses are located adjacent to the proposed body shop. The general character of the immediate neighborhood will not change. The larger neighborhood including the residential dwellings to the west could be impacted by the proposal unless mitigation measures (screening, sound walls 8s ventilation) are implemented. A screening and sound wall was previously installed on the property to comply with the approval of a special permit in 2004. 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? Structures already exist on the property. The main structure has been used for vehicle repair and equipment maintenance. The surrounding property to the south and east are being used for automotive sales and vehicle storage. The proposed use of the site will have little impact on surrounding automotive business activities. Without the construction of screening and sound walls along with the use of regulation paint booths and ventilation equipment, adjoining residential uses could be impacted. The proposed auto body shop will be housed in a new building that will be located 60 feet farther west and 40 feet farther south than the previously approved auto body shop. s) 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? The operations of the proposed auto body shop will be in a fully enclosed building on the property with a perimeter concrete block wall. The auto body shop will also include a regulation paint booth with fire suppression equipment and ventilation filters. The operation of the body shop should not be objectionable to surrounding automotive related businesses. Implementation of mitigation measures, including the concrete wall and paint booth; will address the operational aspects of the proposed auto body shop that may be objectionable to properties west of N, 5th Avenue and in the Green Tree RV Park. 4 6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in any way become a nuisance to uses permitted in the districtP The use of a code approved paint booth and the existence of a concrete wall along 51b Avenue and the north property line will address the potential nuisance and safety aspects of the proposed body shop. RECOMMENDED APPROVAL CONDITIONS 1) The special permit is personal to the applicant. 2) The landscaping along N. 4t'-, Avenue on the applicant's property and in the right-of-way shall be improved to meet the Gateway and Corridor Plan. This condition will be considered fulfilled if the City carries out the N. 41h Avenue Gateway and Corridor improvements prior to 11/ 1/2010. If the improvement project is not completed by 11/ 1/2010 the landscape requirements along N. 4th Avenue will become an obligation of the property owner and must be completed by April 1, 2011. 3) The water meter at the south end of the sound/screening wall on 50, Avenue must be moved outside of the sound/screening wall. The wall must be completed to the corner of the property abutting Lot 20, Bucks Addition. 4) A solid block wall b feet in height shall be installed along the north line of Lot 20, Bucks Addition for a distance of 80 feet east of the St" Avenue sound wall. 5) The first five (5) feet of the property adjacent to North 5th Avenue shall be landscaped, All landscaping plans shall be approved by the City prior to construction. 6) An approved spray booth, spray equipment and paint ventilation equipment must be installed in the building permitted under building permit # B 10-0171. 7) The applicant shall be responsible for obtaining all required Department of Ecology air quality permits for the paint booth. 8) No painting, metal bending, fabrication, priming or grinding shall occur outside of an approved building. 9) The special permit shall be null and void if a building permit for required paint booth improvements has not been obtained by May 31, 2011. S RECOMMENDATION MOTION for Findings of Fact: I move to adopt findings of fact and conclusions therefrom as contained in the April 15, 2010 staff report. MOTION for Recommendation: I move based on the findings of fact and conclusions as adopted the Planning Commission recommend the City Council grant a special permit to Action Automotive Services for the location and operation of an auto body shop at 1948 N. 4th Avenue with conditions as listed in the April 15, 2010 staff report. 6 • Item: Special Permit - Auto Body Shop Vicinity f Map ile p-licant: - Auto S�ery ##: SP 10-007 JAW sow .r • i '. s- • ' .•. . },mss `_. AA IAN ST ' , I Aw f wI F 1 4Slei Ow � :i Land Item: Special Permit - Auto Body Shop Use Applicant: Action Auto Services xy Mae File # : SP ] 0-007 1 JAY sir SFDU's - MFH � Industrial � Il JAN ST JpN 5T SFDUs' ' ' � � � SITE I -' > Comm > F EOLA 57 ;10 1 Park _ PEARL ST - Mixed Res Industrial Vacant Zoning Item: Special Permit - Auto Body Shop Applicant: Action Auto Services N Map File # : SP 10-007 JAY 5T � C-3 C-1 \\ JAN ST JAN 5T �- > m IRA SITE CA I -1 I I LEOLA 3T i � 1 PEARL ST (r.l -i�- - R-3 SITE DEVELOPMENT 1920/1948 4th ------ ---- 5th aVc.-- —AVE..P.A_SC_ O, WASHINGTON i�zz'n i / %' C} Gy.rw:t;R I b, rr... -_ -__..-.._'._.. .. ... � •E, VF7S8... .Yy. 0,/t-. ___...... .4i.8..VS'_ Tt_.._..... •.�.•:'•:� D •a r• j ta�rcoJ �r + =r r[A' —'--'sae. tu.:C : o r I _ 1 rrtT h o f �yL:,• I _ 4DTC11Y'.WWSl;a-AfV GAA'rt, r•.r •� •p�••• �. • "n f"13d�^� r --r - g.EK,l �.rk..l � • rte. /T, s r.Gl•Nl AU41t s f r+f�tl' i''�Iyg.},{�I� is�'.°'r'3o4` p i � �.�—i.i, I"qs Pi o^Ri wos rr f! 1 I � gl��,,. =d�•I �`_I- AI 1 r' W11,11 /! IF ICS rX rN: 1 , ' � � .—_ °� _^ �/f�l,�%/'fir'• ,v .__ _—_. r �ixm,.. I{ 1 �}lr'rnn'.IJ r A�_T!/J%.� �`.rF.fl �� `� f- �� �` �I s� .t���x��(K,,��•yy��. 1 P�� i [±:.I � �'t! ��i/� 1 !t• - •'rr —I•`—��- L F. e / t yea ---I�p•�� ! a I ;:.'p1 f I ,x` �� , .R•x t _ (i_` rPAt tmvc •1 r•.rn I• 5 f i�• I II PARKING + _ ` W e,i �•�:.,: X r �"•• f b "t^��•++.+++t:?+ �s C ���444 i I I N _ SITC PUN 5N.x , m-0' LU CD lr` Sri `� 1r �s ,�, t�Ji `.l`• c�s°iicrtiritNr_ 0_!NlRltLN6 4'8 Z..",u�.YCYn.,rn DanrvY,on wn w+rtc Dr I J } :� I O 9 ;n I RII t:ww u�w.svYi,u-<rYSa uavx•ar �_.I L�1,• .mX I --. -.. w..ro tkow: Ae AUm we ke�vl �_il tt'__� 4�tl.CMAf. m R h e�RKrrR stL ikfP,W lY y+VNY.6+Y tRSw.nT3 PMO, �c�"�"."� — �r^ �ti °I[JrfJTJ sDCr[. \.j `"-•"fir� /� .` .tai •0.4. i LCf 5 .. f'� � � � �USr\•1}A v['TA M.K1•.M17NIAr[t.;Y PlYI,Q.h 9!11.1'[9iC J bW f f•p frMaEl>KT Ar;r l'SGY.K•91•\WM1 Tr f]�t DAO _ A.•L�J[cu10[Cycc YY.,i f0tPt0.f F,U rcR A IrtL9GK: R6 wL tx�f mIVrCRD A°rVOL O,tvlr. O #'.,.:.;1. I ,' .r_..»f • _.. .�.�_ ..r"".I I DoR I r`•i+ `, �rost[i a r•:'st tno�ir°'h]1 •::.11. PUWO.:+t{Sl4 a7KML YOrC CN OM C,.t. _ 4• e n,�nL m•ue tLU�:.a.w '•''' r /^ 'crib' J/ ` I G > +� .sD a:.1.•rae m.rvf 4/w'4�e✓_m Mlr (J y z NptACb CAI\ rc�l•[�nl!writ rpr•IM1rt[Lma.Yam 9M,Vq L t ') f ,.�. i:t n •cii. ._ i � [��•tsww�mc:im Yc.x.rxn wtrxu ws u'm,m e,•e ..:•: F e�rxrH /r i :,Z.: ,k[r �, tmLdn,, �T u a rrvnx+mcu ❑ J ; l tii-- r R U NP At:, M,• M il.•N MYf. L/ e 4 MC. R .KLi MXC n.:.9 A;e VI•Ar W M. Ba �Y:•'.'1•.r };y '••. s; J •r m t o.Aj ut Y-x.tt t9..•res rwrwt �'•", ••• ��F-�-'—•�-+:�•�7--•—�.__'�'i4 Pm�w iww l9R` itE-�YL.�lw flA•tE'V..W MH VW'r StW.,. N' 1151 ••� _ _�.... ........ .. __ _... _�_. ...�. �N.fj Jvr ty'��.__ 'X'f Pt M1NOtKu ., ,Y4 T YFD41 DNi;rM fM.YA l.Y 9Y t°r:'W1 410 Y.N I,rpxDPXGR�fa gGTRCwANNOF 0.C9xC�A�x.ISVA DCtNN Mf- ` pl M9gD�r�X��Np-kl.i[sy,Myr�4 V•1Dw;tCUXY -:15'RSFr -••• �-••-- �': fCSr'vYrS N!n M A...._Na,WJ'.N:t°WUr C ti r.H x5/11 __asn.a L;••:ifcar,_�c S�'•r,',tr--_ �y. -•--••J t S4 tvtace� w,et x Inr D P�Ia�wa is cxrn4; a. W - t� as r 9 o G.w r •4xn+> a c Rtnx e� :°u _f ro"`o,�„f.'f�a u'aRiil:�-,� nllw air is . ..�J�_.�r r_.rrr 4 .... _ .�.Y_. _^”• LrA'1 �LI'd�•• „ 5�LM.�+ro4�:1Y M1 31 rwT,•A It nr f'IIf hr.xY.N'IE ��� ^rrn I:'1rN:.@f.K"iSnt•STf P.M�gO SKf bt (� iL%r'NC.I[WC t.IVtt.rhP r1�N..nc4. wl ,J . ' 4 I•r/t'„u fN Hi.•b'wL w9D rw'o rm♦Yfe4 U.0 4lh IDVL':—. .'- •_••.'^• ...•.----�'c�F _ ,_ .cuL.lutact!ter uo:rKe it v tr,w hs ata.rr lo, �i' iuluNAU•t Xuh< . — -- - - tf,'.Yr tlPNJ KX�LLK Mr'• ......... - _ .. .. ......______.___ •,.rD}�.___.. .D.-J-------- L fll' AM11P�1 P.lL1,YY fiGbf.VDL9,....r IIIJ OL1iY• �Ki4PM1 i/[1hDr t4i 9l�YL MAYA fLCMIK _ �• y 1C .. .«—__—--t'.., �.._.... -,..-..• .. _ .-.--.....-... .._\ > /ter (1/.nr. .•.rF aiva.s.Y:,n.w 1R.mr fi«e•>v r ti f. ._ LU N'Oi,ta.aCS 4Ctrrw H 'r Z, i ' NiNwa�c Gr 1.u',•X,t9 rb K Arriq kND,O,' i.eiu:A...�u.v rc e V,L x.N Vw riMGxD r4 �X1.4 Yn tJ.le r\0 S,J•NNW IY4t4 2 rtMA! � F RRaa ,t[LMS. 4y Yf X41 A POt h V Or f,A.C.Y.W,rrtk'r13 n iX yl : �- l wyZr tr wrt w.s f x uu R•Y,L yam Yawls Lxn 9L4N o .,7 tm I f xivr nm.e vwt,X,—aD.eaeRt+:te.LrlLm�.,a 4�� •�•, •_. __ II't42 t— 7 U.0-p AaA'Lt SArte• �•'�.tF fcuen r�acaC[R�M'll•Q 6t Qtir=RLNCx crr. DRAWING W-1. ff}If h A•ET' .•wr„r if'cu,w r.n>.at tl.ty is.»owr ��r�m:a���. KYY.,• Cl .2 �OVRY%i4icw nxYRe r w RMIp6 r°.ui tw Mr LO Q *3AV ul-V �� Orold'!'JSGMr'1 I S1K3 }� �rller�salan�erusoa _ _ fiF Q �• V) 0' I I I I ..a .} • i, I � I � I f C TJAVS7`Jt sin I l I I - 1 1 -----"---- -------- -----------------------------------------------------1------------------------' '3AV yl5 Planning Commission Minutes 3/18/2010 B. SPECIAL PERMIT Location of an Auto Body Shop in a C-3 Zone Action Auto Services (1900 block of N. 4th Avenue) IMF# SP 10-0071 Chairman Samuel read the master file number and asked for comments from staff. Dave McDonald, City Planner, stated the applicant had applied for a special permit to locate an auto body shop on their North 4th Avenue property. Mr. McDonald reviewed the written report for the benefit of the Planning Commission and pointed out the applicant had previously been granted a special permit for an auto body shop on the property. Action Towing substantially complied with the previously approved but never installed a paint booth. With the construction of a new building they plan to complete the auto body shop. The recommended list of approval conditions was also reviewed with the Planning Commission. Chairman Samuel asked Mr. McDonald if they have received any complaints on this location. Mr. McDonald stated not to his knowledge. He mentioned the previous business on this property was a heavy construction company which serviced heavy equipment such as trucks and earth moving equipment on the site. Chairman Samuel asked if the landscaping is consistent with the Corridor Beautification Plans for 4th Avenue. Mr, McDonald stated no; the rock would need to be removed and replaced with lawn and some trees. Chairman Samuel and questioned the height of the wall along 501 Avenue. Mr. McDonald stated it would be 6 feet high and would continue about 80 feet east along Lot 20. Ken Flone, 1948 N. 4th Avenue, Pasco, WA presented and read the letter from Tri-City Battery. He stated they are very excited to expand and increase the tax base with the addition of more employees. Chairman Samuel questioned Mr. Flone if he has reviewed the tentative conditions and was agreeable to the conditions. Mr. Flone stated yes. Chairman Samuel opened the public hearing. Ramona Castro, 5120 Robert Wayne Drive, Pasco, WA stated she was a proud Pasco resident. She was excited to see the development even though the nation is experiencing economic issues. Commissioner Little moved, seconded by Commissioner Hay, to close the hearing on the proposed special permit and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the April 15, 2010 meeting. The motion passed unanimously. Planning Commission Minutes 4/15/2010 B. SPECIAL PERMIT Location of an Auto Body Shop in a C-3 Zone Action Auto Services 1900 block of N. 4th Avenuel IMF# SP 10-0071 Chairman Samuel read the master file number and explained the proposed special permit had been reviewed during a public hearing in March. The Chairman asked if staff had any additional comments. Staff had no additional comments. Commissioner Little moved, seconded by Commissioner Cruz, to adopt findings of fact and conclusions therefrom as contained in the April 15, 2010 staff report, The motion passed unanimously. Commissioner Little moved, seconded by Commissioner Anderson, based on the findings of fact and conclusions as adopted the Planning Commission recommend the City Council grant a special permit to Action Automotive Services for the location and operation of an auto body shop at 1948 N. 4t'i Avenue with conditions as listed in the April 15, 2010 staff report. Staff explained the appeal process for the benefit of the audience. AGENDA REPORT FOR: City Council April 23, 2010 TO: Gary Crutchfield, anager Regular Mtg.: 5/3/10 Rick White,�-,) Community Eco 'omic Development Director FROM: Shane O'Neill, Plaruler I SUBJECT: SPECIAL PERMIT (MF# SP 10-008): Location of a Church in a R-1 Zone I lesia Bautista El Calvaria 1. REFERENCE(S): L Vicinity Map 2. Proposed Resolution 3. Report to Planning Commission 4. Planning Commission Minutes: Dated 3/18/10 and 4/15/10 II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 5/3: MOTION: I move to approve Resolution No. , approving a special permit for the location of a church at 1341 West Sylvester Street. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On March 18, 2010, the Planning Commission conducted a public hearing to determine whether or not to recommend a special permit be granted for the location of a church at 1341 West Sylvester Street B. Following conduct of the public hearing, the Planning Commission reasoned that with conditions, it would be appropriate to recommend approval of a special permit for the church. C. The recommended conditions are contained in the attached Resolution. D. No written appeal of the Planning Commission's recommendation has been received. 8(e) Vicinity Item: Special Permit - Church in R- 1 Map Applicant: Iglesia Bautista el Calvario N File ##: SP 10-008 NIXON ST toy N r �, �'�', � ■ tom_,,', � ,� t., SITE ' SYLVESTER ST ' � . . I It _ r N ...r► s t , .' mil 1 1 _ a - -- -• JJJ I• -- �— RESOLUTION NO. A RESOLUTION ACCEPTING THE PLANNING COMMISSION'S RECO_VIMENDATION AND APPROVING A SPECIAL PERMIT FOR A CHURCH AT 1341 WEST SYLVESTER STREET WHEREAS, Iglesia Bautista El Calvaric, submitted an application for the location and operation of a church at 1341 West Sylvester Street (Tax Parcel 112-123- 292); and, WHEREAS, the Planning Commission held a public hearing on March 18, 2010 to review the proposed church; and, WHEREAS, following deliberations on April 15, 2010 the Planning Commission recommended approval of a Special Permit for the church with certain conditions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: 1. That a Special Permit is hereby granted to Iglesia Bautista El Calvario for the location of a church in an R-1 (Low-Density Residential) District under Master File # SP 10-008 with the following conditions: a) The special permit shall be personal to the applicant; b) The parking lot shall be hard surfaced and striped to meet the parking lot standards of PMC 25.78.090 by May 1, 2012; c) The first ten feet of the parking lot along Sylvester Street must be irrigated and landscaped with live vegetation; d) This special permit shall be null and void if a City of Pasco Occupancy Registration is not obtained by October 1, 2010. Passed by the City Council of the City of Pasco this 3rd day of May, 2010 Matt Watkins, Mayor Pro-Tem ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney REPORT TO PLANNING COMMISSION MASTER FILE #: SP 10-008 APPLICANT: Joe Franco HEARING DATE: 3/18/ 10 3909 W. 47,11, Avenue ACTION DATE: 4/ 15/ 10 Kennewick, WA 99337 BACKGROUND REQUEST: SPECIAL PERMIT: Location of a church (Iglesia Bautista El Calvario) in an R-1 (Low Density Residential) Zone 1, PROPERTY DESCRIPTION: Legal: Kurth's Revised Plat Lots 20 & 21 Block 3 General Location: 1341 W. Sylvester Street Property Size: Approximately 1.4 acres 2. ACCESS: The site has access from West Sylvester Street. 3. UTILITIES: All municipal utilities currently serve the site. 4. LAND USE AND ZONING: The site is zoned R-1 (Low Density Residential) and contains a church. The zoning and land use of the surrounding properties are as follows: NORTH - R-3 - Offices SOUTH - R-2 - Single-Family Residential EAST- R-3 - Multi-family WEST- C-1 - Restaurant 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area for commercial uses. Policies of the Plan encourage compatibility between land uses and harmony between existing and proposed development. The plan does not specifically address churches, but various elements of the plan encourage adequate provision of off-street parking and situating businesses in appropriate locations for their anticipated uses. Policies of the Plan also encourage the location of facilities for educational and cultural activities in the city. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency. This proposal has been issued a Determination of ?Von-Significance in accordance with re,6ew under the State Environmental Policy Act (SEPA), Chapter 43.21(c) RCW. ANALYSIS The applicant is seeking a special permit to allow operation of a church on a site which has been occupied by a church since the 1945. Churches are defined in Pasco Municipal Code as "Unclassified Uses" which require a special permit prior to locating in any zone within the city. The property in question is located at the northeast corner of West Sylvester Street and 14th Avenue and is approximately 95 feet long and 63 feet wide. The area directly in front of the building in Sylvester Street is landscaped. The main access to and from the site is from the public alley to the north. The applicant plans to make no alterations to the building or grounds. Parking is very limited with about 10 parking spaces located on the eastside of the church. While the parking situation is less than ideal a church has been able to function on this site for many years. To staff's knowledge there have been no complaints to parking pertaining to church use of this site. The parking lot however is not paved and does not. contain on site drainage facilities. The Planning Commission has made it a regular practice of requiring older Church properties within the community to include parking lot paving and landscaping when special permits are applied for. Typically, churches located in or beside residential neighborhoods have also been required to include a landscaped buffer between the street sidewalk and the church parking lot. This helps maintain the residential character of the neighborhoods and moderates the impacts of large asphalt surfaces. Churches are typically located in or adjacent to residential zoning districts of the city. The operations of churches generate very few complaints from adjoining property owners. The existing church property has generally been well maintained over the years despite the fact the parking lot has never been improved. 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. Churches are unclassified uses and require review through the special permit process prior to locating or expanding in any zoning district. 2. The proposed church site is zoned R-1 (Low Density residential). 3. The proposed site is located on the north side of West Sylvester Street; Sylvester Street is designated as an arterial street. 4. The main access to the church parking lot is off the alley to the north of the church. 5. Public infrastructure improvements currently surround the site. 6. The proposed site has been developed with church facilities since 1945. 7. Churches are often located in or near residential zoning districts within Pasco. 8. The parking lot is unimproved; lacking both hard surfacing and drainage facilities. 9. There is no landscaping within the parking lot or between the parking lot and Sylvester Street. 10. Two eight-plexes are located to the east of the parking lot. CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT The PIanning Commission must make findings of fact based upon the criteria listed in P.M.C. 25.86.060. The criteria and staff listed findings are as follows: 1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? Policy LU-2-B of the Comprehensive Plan encourages the support of facilities for educational and cultural activities. 2) Will the proposed use adversely affect public infrastructure? The proposed use will have a minimal impact on public infrastructure. A church has been located on the site for 65 years. Churches are generally used for a few hours on Sundays and during the evening in the middle of the week. 3) Will the proposed use be constructed, maintained and operated to be in harmony with the existing or intended character of the general vicinity? RECOMMENDATION MOTION: I move to adopt findings of fact and conclusions therefrom as contained in the April 15, 2010 staff report. MOTION: I move based on the findings of fact and conclusions therefrom the Planning Commission recommend the City Council grant a special permit to Joe Franco for the location of a church at 1341 West Sylvester Street with conditions as listed in the April 15, 2010 staff report. Item: Special Permit - Church in R- 1 Vicinity Map Applicant: Iglesia Bautista el Calvario N File #: SP 10-008 NIXON ST W jk-= AA a s. I 04 ok SITE r SYLVESTER,ST 10 4r_ h7 of a r , • �VI Land Item: Special Permit - Church in R- 1 � Use Applicant: Iglesia Bautista el Calvario - N - Map File #-, SP 10-008 NIXON ST UU SFDU's --- u. SFDU's Multi mFam Comm Ij � - I - SITE SYLVESTER ST g g ; E SFDU's � £ w C-1 0 1 E I -T— 0 T-- I' SFDU's � Mixed Res. L) IRVING 5T Zoning Item: Speci1glesia l Permit - Church in R- 1 Map Applicant: Bautista el Calvario N File #: SP 10-008 NIXON ST IRA a R-1 _ I' ' Q � UU nF;� Ile R-3 C-1 SITE SVLVESTER ST R-3 C_1 ' � R-3 � Q C-1 71 — R-1 R-2 R-2 IRVING ST Planning Commission Minutes 3/ 18/2010 A. SPECIAL PERMIT Location of a Church in a R-1 Zone (I lesia Bautista el Calvariol (1341 W. Sylvester Street) (MF# SP 10-008) Chairman Samuel read the master file number and asked for comments from staff. Shane O'Neill, Planner I, stated lglesia Bautista el Calvario applied for a special permit to locate a church at the northeast corner of 14th Avenue and Sylvester Street. The site currently contains a church. There is a gravel parking lot on the east side of the building which accommodates less than 20 vehicles. Staff recommended the parking lot he paved and 10 feet of landscaping be installed along Sylvester Street. Commissioner Little asked if there was enough room to accommodate landscaping along Sylvester Street. Staff stated there was an area available for landscaping. Chairman Samuel asked Mr. McDonald if there had been any problems reported with the previous church using the next door apartment parking lot. Mr. McDonald stated he is unaware of any issues. It was pointed out the apartments use the church parking area. Joe Franco, 3909 W. 47th Avenue, Kennewick, WA 99337 stated the building was in good condition and the parking lot consists of compacted gravel. They currently have 20 members attending church. The building is a stepping stone for his Church. He requested the parking lot requirement be extended for 2 years to allow for him to find the resources to comply. Commissioner Little asked for clarification on extending the parking lot paving. Mr. Franco stated he would prefer to extend that by one year. Chairman Samuel asked if they currently occupy the building. Mr. Franco stated ves. Chairman Samuel asked if he agreed with the proposed conditions. Mr. Franco stated yes. 1 Chairman Samuel opened the public hearing, after three calls there was no response. Chairman Samuel asked staff if they would accommodate the applicants request for the parking lot requirement to extend one year. Mr. McDonald stated he would be agreeable to the one year extension. Commissioner Cruz asked staff about the landscaping requiremcnt. Mr. McDonald stated typically churches in residential areas the church must match the residential setback which in this case is 20 feet, but due to the limited space staff suggests landscaping a smaller area to improve the streetscape and allow for more parking. Chairman Samuel stated he noticed the only access to the church is through the alley, as well as the neighboring 8-plexes. Chairman Samuel asked if there have been any complaints. Mr. McDonald stated no. At the time the 8-plexes were built access was permitted through the alley instead of driveways on Sylvester Street. Chairman Samuel asked the Commissioners if they had any other special conditions to add. Commissioner Cruz was in favor of extending the parking lot requirement to be extended the extra year. Commissioner Little moved, seconded by Commissioner Cruz, to close the hearing on the proposed Church and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the April 15, 2010 meeting. The motion passed unanimously. 2 Planning Commission Minutes 4/15/2010 F. SPECIAL PERMIT Location of a Church in a R-1 Zone I lesia Bautista el Calvario) 11341 W. Sylvester Streetl f MF# SP 10-0081 Chairman Samuel read the master file number and explained the proposed special permit had been revie,�Ared during a public hearing in March. The Chairman asked if staff had any additional comments. Staff briefly answered questions on the need for storm water retention in the parking lot and other questions related to the parking lot. Commissioner Hay moved, seconded by Commissioner Kempf, to adopt findings of fact and conclusions as contained in the April 15, 2010 staff report, Commissioner Hay, moved seconded by Commissioner Kempf, based on the findings of fact and conclusions therefrom the Planning Commission recommend the City Council grant a special permit to Joe Franco for the location of a church (Iglesia Bautista el Calvario) at 1341 West Sylvester Street with conditions as listed in the April 15, 2010 staff report. Staff explained the appeal process for the benefit of the audience. AGENDA REPORT FOR: City Council April 23, 2010 TO: Gary Crutchfield, ger Regular Mtg.: 5/3/10 Rick White, Community & Eco mic Development Director FROM: Shane O'Neill, Planner 1 SUBJECT: SPECIAL PERMIT (MF# SP10-010 : Location of a Temporary Membrane Structure in a 1-1 Zone (Hancock Sandblasting& Paint I. REFERENCE(S): 1. Vicinity Map 2. Proposed Resolution 3. Report to Planning Commission 4. Planning Commission Minutes: Dated 3118/10 and 4/15/10 IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 513: MOTION: I move to approve Resolution No. , approving a special permit for the location of a temporary membrane structure at 900 North Avery Avenue. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On March 18 and April 15, 2010, the Planning Commission conducted a public hearing to determine whether or not to recommend a special permit be granted for the location of a temporary membrane structure at 900 North Avery Avenue. B. Following conduct of the public hearing, the Planning Commission reasoned that with conditions, it would be appropriate to recommend approval of a special permit for the location of the temporary membrane structure. C. The recornmended conditions are contained in the attached resolution. D. No written appeal of the Planning Commission's recommendation has been received. 8(f) Item: Special Permit - Tem . Structure Vicinity •Applicant:IMap Hancock San db asting N File #: SP 10-010 I Al —mob no ADRLI rI E-'0 A. E ST W SITE K , a -•� ,�. �_;- �• to . � J',.�V' ALT . ST Ina tp :�i Et''.. �'C �� �� ` .��� .,i •� � 74�, :"� '� FCC:� ,' � • A+r� - PLAC - RESOLUTION NO. A RESOLUTION ACCEPTING THE PLANNING COMMISSION'S RECOMMENDATION AND APPROVING A SPECIAL PERMIT FOR A"TEMPORARY MEMBRANE STRUCTURE AT 900 NORTH AVERY AVENUE WHEREAS, Hancock Sandblasting & Paint, submitted an application for the location of a temporary membrane structure at 900 North Avery Avenue (Tax Parcel 113- 780-035); and, WHEREAS, the Planning Commission held a public hearing on March 18 and April 15, 2010 to review the proposed temporary membrane structure; and, WHEREAS, following deliberations on April 15, 2010 the Planning Commission recommended approval of a Special Permit for the temporary membrane structure with certain conditions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: 1. That a Special Permit is hereby granted to Hancock Sandblasting & Paint for the location of a temporary membrane structure in an 1-1 (Light Industrial) District under Master File# SP10-010 with the following conditions: a) The special permit shall be personal to the applicant; b) Spray painting or application of flammable finishes or primers cannot occur within the temporary structure; c) Fugitive dust and particulate matter shall be captured within the temporary structure and not be released into the outside air d) The special permit shall expire on February 1, 2012; c) The special permit shall be null and void if a building permit has not been obtained by June 30, 2010; f) The temporary structure shall be removed from the premises in its entirety within 30 days following the expiration of this special permit, or change of property ownership. Passed by the City Council of the City of Pasco this 3rd day of May, 2010 Matt Watkins, Mayor Pro-Tem ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 09-010 APPLICANT: Hancock Sandblast 8v Paint HEARING DATE: 3/ 18/ 10 900 N. Avery Avenue ACTION DATE: 4/ 15/ 10 Pasco, WA 99301 BACKGROUND REQUEST: SPECIAL PERMIT: Location of a temporary membrane structure in an I-1 zone. 1. PROPERTY DESCRIPTION: Ley,al: The southwest 1/4 of the northeast 1/4, Section 28, Township 9 North, Range 30 East W.M. General Location: 900 N. Avery Avenue Property Size: Approximately 2 acres 2. ACCESS: The site has access from Avery Avenue which is not a dedicated right-of-way. Avery Avenue begins near the northeast intersection of East Lewis Place and Heritage Boulevard. 3. UTILITIES: City water currently serves the site from Heritage Boulevard. City sewer does not serve the site and is located in Lewis Street approximately 588 feet to the south. 4. LAND USE AND ZONING: The subject property is currently zoned I-1 (Light Industrial) and contains a 6,900 ft2 structure. Surrounding zoning and land uses are as follows: NORTH - I-1 - Vacant & Freeway Interchange SOUTH - I-1 & C-1 - Mini storage and construction yard EAST - I-1 - Vacant WEST - I-1 - Vacant and Heritage Boulevard 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area for commercial use. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations; and other information, a threshold determination resulting in a Determination of Non-Significance (DNS) has been issued for this project under WAC 197-11-158. ANALYSIS The applicant is seeking special permit approval for a previously constructed 3,024 ft2 temporary membrane structure that is being used for sandblasting and "some painting" purposes. Temporary structures themselves are not regularly permitted within the city limits. However, under PMC 25.86.030 temporary uses may be approved for a limited duration through the special permit process provided such use is clearly of a temporary nature and does not involve the erection of a permanent structure. Sandblasting and painting are allowable uses in the 1-1 zoning district. Said uses are not the subject of this special permit review. The land use being considered in this case is the temporary membrane structure. Review of this special permit should consider the temporary sandblasting structure use relative to the proposed location and zoning. Sandblasting has been permitted and does occur in other I-1 locations within the city. While sandblasting by itself does not require a special permit the temporary membrane structure triggers the need for the special permit review. Sandblasting has the potential to introduce dust and particulate matter into the atmosphere. The membrane structure was erected to contain any dust and provide some protection from the weather while large pieces of equipment are being sandblasted. The applicant indicated that a 12,000 cubic foot per minute (CFM) dust collector device has been installed in order to reduce the production of atmospheric particulates. Painting produces flammable and toxic fumes within the temporary structure. The applicant has indicated how these fumes will be dealt with in a letter to staff dated March 26, 2010. The method of paint fume removal does not exempt the applicant of sprinklering and structural requirements by the IBC and IFC. Adequate safety of the membrane structure being used for sandblasting and painting will be addressed during the building permit stage should a special permit be granted. The International Building Code (IBC) and the International Fire Code (IFC) contain standards used to identify necessary safety provisions. If IBC and IFC standards cannot be met, a building permit would not be issued. There are two issues pertinent to this operation. The Planning Commission hears the first issue: the duration and conditions for the temporary structure. The second issue is the application of IBC and IFC standards relative to the occupancy of the building. These standards are applied administratively by the Building Official. The applicant is requesting the special permit be valid for a period of approximately 2 years, expiring in 2012. The 2 year time period was requested to allow sufficient time for the applicant to generate revenue to construct a permanent structure intended for sandblasting. As with the review of any special permit application it will be necessary to address the review criteria found in PMC 25.86.060. STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis sections 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 within the Pasco Urban Growth Boundary. 2. The site contains approximately 2 acres. 3. The Comprehensive Plan identifies the site for future Commercial development. 4. The site is zoned I-1 (Light Industrial). 5. No zoning change is being considered. The property will remain I-1 at the present time. 6. The site contains an existing 6,900 fti site built structure used for fabrication, equipment repair and storage. 7. Surrounding properties are zoned I-1 & C-1. 8. The temporary membrane structure was previously erected -without a building permit. 9. The temporary membrane structure is being used to contain fugitive dust from a sandblasting operation. 10. Temporary structures are not a routinely permitted type of construction. 11. The proposed temporary structure is approximately 3,000 square feet. 12. On March 26, 2010 staff received a letter from the applicant describing their business activities within the temporary structure. 13. The March 26th letter provides some details related to ventilation system specifications, equipment locations and operation procedures. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusion based upon the criteria listed in P.M.C. 25.$6.060. The criteria are as follows: 1) Will the proposed use be in accordance with the goals, policies, objectives, and text of the Comprehensive Plan? The Plan does not specifically address industrial uses such as temporary structures used for sandblasting. The Plan designates the site for commercial uses. The industrial activity on the property will continue as an interim use until such time as uses intended by the Plan can be developed. 2) Will the proposed use adversely affect public infrastructure? The temporary sandblasting structure will not affect public infrastructure. No public infrastructure improvements exist on site due to the fact that the site has no front footage on any public-right-of-way. 3) Will the proposed use be constructed, maintained and operated to be in harmony with the existing or intended character of the general vicinity? The general vicinity is largely undeveloped. Nearby sites with established uses are of an industrial nature; such uses include automobile hulk haulers, automobile service, automobile dismantlers, excavation contractors and contactors' storage yards. The proposed temporary sandblasting structure is similar to the existing uses located in the general area to the east and south. 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 structure is approximately fifteen (15) feet in height and covered in a white fabric. In the I-1 zone there is no limitation on structure height. The 15 foot tall structure will not negatively affect industrial development in the immediate vicinity. 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? Sandblasting typically produces dust and particulates that may be objectionable to neighboring properties. The membrane structure is being used to contain fugitive dust. Dust within the structure will be further contained by use of a 12,000 CFM dust collector device. Conditions are needed to insure this device is used and maintained to adequately mitigate the production of dust and particulate matter. Other conditions applied by the IBC and IFC will mitigate hazards associated with painting operations. Other uses permitted in the I-1 zone include heavy equipment sales and service, automotive assembly and repair and metal/welding shops. The repair and servicing of heavy equipment as well as welding can involve sandblasting. The location and use of the temporary membrane structure for sandblasting and painting, incorporating the filtration equipment and IBC/IFC standards, will not be more objectionable than other permitted uses in the I-1 zone. S) Will the proposed use endanger the public health or safety if located and developed where proposed, or in any way will become a nuisance to uses permitted in. the district? Temporary sandblasting within a temporary structure with appropriate filtration equipment in an industrial zone should not endanger public health or become a nuisance. Painting within the same structure, in conformance with applicable IBC and IFC standards, should not endanger public health of become a nuisance. RECOMMENDATION MOTION: I move to close the hearing on the proposed temporary structure and initiate deliberations and adopt findings of fact, conclusions and a recommendation to the City Council. MOTION: I move based on the findings of fact and conclusions therefrom, the Planning Commission recommend the City Council grant a special permit to Hancock Sandblast & Paint for the location of a temporary structure at 900 North Avery Avenue with the following conditions: APPROVAL CONDITIONS I. The special permit shall be personal to the applicant; 2. Spray painting or application of flammable finishes or primers cannot occur within in the temporary structure; 3. Fugitive dust and particulate matter shall be captured within the temporary structure and not be released into the outside air; 4. The special permit shall expire on February 1, 2012; 5. The special permit shall be null and void if a building permit has not been obtained by June 30, 2010; 6. The temporary structure shall be removed from the premises in its entirety within 30 days following the expiration of this special permit, or change of property ownership. • Item: Special Permit - Tem . Structure Vicinity Map Applicant: Hancock Sandblasting N File ##: SP 10-010 Free fA dL t -GEOTIGE-I-S - 4 �` SITE +w ��. _ a. '111 �" � -'• � � '� t _� '' �' �,1 �.� :� • �� - _ ' 106 .} •M1•.� c. � •'►• • ACU IL 42 PT i�� i � a"'. '. 1 • � *...r -% A '—.��^" ,• .tr2 � ',s,fir _ _ - PLAC - Land Item: Special Permit - Temp. Structure y�Use Applicant: Hancock Sandbsting {x)- Ma File #: SP 10-010 ` �� � SFDU's -z- GEORGEST w SITE " SFDU Lu--- 6i I� P VINA ST Industrial � Vacant LEWIS AST PLACE Zoning Item: Special Permit - Temp. Structure Applicant: Hancock Sandblasting rt Map File #: SP 10-010 ADELIA ST I T � T R=1 =A Z' i J - SITE W RT � GEORGE ST Z Q z a W w a Q ALVINA ST C-1 � C-1 CA AST LEWIS PLACE Planning Commission Minutes 3/18/2010 A. SPECIAL PERMIT Location of a Tem ora Structure for sandblasting and—painting in a I-1 Zone (Hancock Sandblasting and Painting) (900 N. Avery Avenue) IMF# SP 10-010) Chairman Samuel read the master file number and asked for comments from staff. Shane O'Neill, Planner I; stated the applicant had requested a special permit to locate a temporary membrane structure at 900 N. Avery Avenue. Structure was to be used for sandblasting purposes. Mr. O'Neill explained the site characteristics and pointed out the Municipal code contains provisions for special permit review of temporary uses provided they are clearly of a temporary nature and do not involve the erection of a permanent structure. The sandblasting function is an allowable use in the I-1 zone and is commonly done in other 1-1 zones. The applicant requested a special permit for two years to provide time to generate sufficient revenue to allow) for construction of a permanent structure for the same use, It was pointed out the application was the result of a Code Enforcement action in an attempt to legalize the temporary structure for a limited period of time. Chairman Samuel asked if there had been complaints received about the operation at the facility. Staff stated no. Don Gammell, 32923 W. Spearman Road, Hermiston, OR stated they are an industrial paint contractor based in Boardman, Oregon and decided to move to Pasco due to their employees and work based in the area. They do sandblasting and coating work for the VIT project and dams in the area. The temporary structure is for sandblasting as well as painting. They did not get a permit prior to operations and recognized they had made a mistake and therefore have applied for the special permit. Many of these structures are built along the dams and in the Hanford area as well as across the United States and have not had any issues with fire or flame. They are a very environmentally conscious business and are very knowledgeable about their structures and how they are to be maintained. They spend a lot of time and money pertaining to that issue. They have made a 3-year lease agreement with the owner and would like to purchase the property. Chairman Samuel asked why Mr. Gammell applied for a 2-year time frame on the special permit request. 1 Mr. Gammell stated it would allow for time for the property owner to determine if he would sell the land to him. Chairman Samuel asked what the employment impact would be. Mr. Gammell stated they have 4 men locally in Pasco that work at the site. Commissioner Cruz asked if they were going to be painting. Mr. Gammell stated yes. Commissioner Cruz stated they need feedback from City staff because the report is all about sandblasting. Chairman Samuel clarified the applicant is applying for sandblasting and painting in the temporary facility. Mr. O'Neill stated the proposed conditions address painting issue. Mr. White stated there is another factor to keep in mind. The building can't be sprinkled. Mr. Gammell stated that was where the confusion comes from because the temporary structure it is not an automotive spray booth. The 12,000 CFM dust collector will exchange the air to meet federal requirements. These types of facilities do not contain fire sprinkler systems, Chairman Samuel stated his concern over the proposal dealt with the sandblasting and painting and the staff report dealt with sandblasting. It was suggested the application be remanded back to staff to sort out the issues with painting and sandblasting. Commissioner Anderson asked Mr. Gammell asked if he would be willing to work with staff if the item was remanded for development of findings. Mr. Gammell stated yes. Chairman Samuel opened the public hearing. Robert Hancock, 309 N.E. Marshall Loop, Boardman, OR 97818 stated he was a partner with Hancock in charge of safety. He stated the facility was a small part of their business. They use the facility as a distribution center. They have 4-20 employees that work from the facility as well as a full time bookkeeper. Their intent is to locate here in Pasco due to the neighboring union and hall. Chairman Samuel asked staff if they had adequate input to develop findings appropriate to the applicants' request. 2 Mr. White stated they would clarify the applicants request, staff understood it would be for sandblasting, as well as clarify the conditions that apply for sandblasting and painting for the Planning Commission's review. Commissioner Anderson moved, seconded by Commissioner Hay, to continue the hearing on the proposed temporary sandblasting structure to the April 15, 2010 Planning Commission meeting. The motion passed unanimously. 7 J Planning Commission Minutes 4/15/2010 E. SPECIAL PERMIT Location of a Tem ora Structure for sandblasting and painting in a I-1 Zone (Hancock Sandblasting and Painting) (900 N. Avery Avenue) IMF# SP 10-010) Chairman Samuel read the master file number and explained the proposed special permit had been reviewed during a public hearing in March. The Chairman asked if staff had any additional comments. Rick White, Community and Economic Development Director, explained that the hearing on the temporary structure was not closed in March because staff was asked to provide some additional information. That additional information was contained on page 2 of the staff report. It was explained that the role of the Planning Commission was to review the temporary structure and the role of the Building Official was to review the use within the structure. The International Building Code and International Fire Code contain the guidelines for the activities within the .temporary structure. Mr. White briefly discussed the Findings of Fact and recommended approval conditions for the benefit of the Planning Commission. Don Gammell, 32923 W. Spearman Road, Hermiston, Oregon stated he found three structures like his being used in the Richland area. One of his competitors was using a temporary membrane structure for sand blasting and spray painting in the Richland/Hanford area. Mr. Gammell explained he just obtained a large contract at Hanford and if the project does not happen on the site in question it will happen at some other place. After 3 calls the Chairman closed the public hearing. Commissioner Hay moved, seconded by Commissioner Perez, to adopt findings of fact and conclusions as contained in the April 15, 2010 staff report. Commissioner Hay moved, seconded by Commissioner Anderson, based on the findings of fact and conclusions therefrom, the Planning Commission recommend the City Council grant a special permit to Hancock Sandblast & Paint for the location of a temporary structure at 900 North Avery Avenue with the conditions listed in the April 15, 2010 staff report. Staff explained the appeal process for the benefit of the audience. AGENDA REPORT FOR: City Council Apr-it 26, 2010 TO: Gary Crutchfiel ager Regular Mtg.: 5/3/10 Rick White, .{ Community &E onion is Development Director FROM: David I. McDonald, City Planner SUBJECT: PRELIMINARY PLAT: West Pasco Terrace Road 60 and Power Line Road )Farm 2005 LLC F# PP10-001 I. REFERENCE(S): 1. Overview and Vicinity Maps 2. Proposed Resolution 3. Preliminary Plat (Council packets; copies available for public review in the Planning office, the Pasco Library or on the city's webpage at http://ww,,v.pasco- wa.gov/webapp/citycouncilrepoits). 4. Report to the Planning Commission 5. Planning Commission Minutes: Dated 3/18/10 & 4/15/10 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 5/3: MOTION: I move to approve Resolution No. , approving the Preliminary Plat for West Pasco Terrace. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On March 18, 2010, the Planning Commission conducted a public hearing to develop a recommendation for the City Council on the preliminary plat for West Pasco Terrace. West Pasco Terrace is a proposed 139-lot subdivision located at the southeast corner of Road 60 and Power Line Road. B. Following the conduct of a public hearing, the Planning Commission determined that with conditions related to sewer service and other infrastructure needs, the preliminary plat could be recommended for approval. The recommended conditions are contained in the attached resolution, C. No written appeal of the Planning Commission's recommendation has been received. 8(g) Prelim Plat Pasco ' Overview Item*-Applicant: Farm a= = Map w PP 1 "k214 A. HIM w r • r � s is r r �1l�s. orr wr : :: R � Hlta�:s: f�,• � l s is ii �l!llll7►� �!~�::. '`��,: �7u. j ti- �• •� r - < _ - _ - - _ JJ s. `�++ ���. sir •��` �� 1 04 r r. { ' � '�l I 'a.. � •.rfirr •►���++ P '� ��', � � ' jli j-a: �•. _ � ,r a .. 1 °. Ad .JS is k�`- s� ��4-' fi�i '?� �,' _l: ' �•� •�/• • ,t♦~ •r u �r .: rr _- � I♦I♦�Q���� Its♦� . i ti u.a r� Esc :�gai•wt i. "' ,1' i�tit as •.•iri�� a i :++J' fiilA�ff 4� ��• ��. Avis ,gyre rwrii� .,,sa•traRae: • ,.ar ,• w� � r.�i,: ; !i/d imp 6 d, Jimmil aa tr sfu.t a7a•:s.t K+ icro nn�F'' ,rte 'tts/a a_R r.110 Mi its i. srstelra �1Yiis�i•e�•w r 1�.. iy� r �' sr Iif�Ai�t ! �p a V o r �� W w~ •, r s.. R•a r . R �A ! art :r ��w� �M lRti, ;.y �rrarr!tjt�arr�.,r Tim .... y. r! y yy . i,, a��llN�1'+`l'• i �� zd ..� �,. �� , �. l:,a�►♦. .� '+gip Hi7ii�M ii_s aw! i;� r y 71 '.'.�ii Fi iJiGe::rf� - �n•1�.:� • ey '� a +w t r'+�. ��•� i j Ji n/�� N �'•�♦i� 1 "u•irM7f .iirasrr ■iris. juri 4A i� ++ri ..s, •rr�+ � t + s c • a s. Jal� M li�ii l�ata!!V21 +i R`Jari rri lYJ�ii« iai R.aa:�i ,�..x* � •.a" sy atf .t Ry it�,1 � ! r i '�iif�l'Mt -C•/ vP$w 1.:i� a�trtto 1i!!•fi� j sb r a r fr ♦r. 3• ;� „ . w . .. t I + N �ii n Y'fN .iii 3veii4kl ar a.••r: a sir 1rI;r1.s•i�;Rr'.i ��� :�.. �� r� afe i` � t °a � • �°�- '�^ �� ■ � d 3-'raid J +: it �►t'.. iii i4riii?i7ti.r •' a sdJt� � ♦ ,� � !�stil(,I?Y .► -.. ltiij•i4Rfiliai: w rn vd � - „rJr Ew�S•7k11 f;' .w11 •••� `•'•^«•r r } .� -- ,r �� w a rr. � �r�ai� � # .r7i - 1 - �•- as •i' Liar• r .�:3• a .. �t rr .' t rtiRelartrara „ .r� .a � r= r r. • ., ��';r siswsr t ° !' jQ. ?Ar?r Yr _ .a -U. Y�isi�lifi' A•y�-'•7�r2•AaR� r. t-. rS{►iti•` 1*:i:rasa:�.i r .s'a A �1° ;, r ar. � ;r •.. +'r�9"''•�.ipRtr wrlr ., �• r �. : ♦ r ti. .y. t ; .p,. r 'rY ft�. .. Os �. r"a't't 74I,�\►/F. �t►7rfdt�ii. ri+ .. r-•� w !•I -w r. .w 1 raCr,aat�a•: "a�'�!rris ..r ti 47( al s, y+ /it'�y yr r J �� �I�Y yr� •� .�-i t;[ / 1.. a _ r...ri�szas, � �a'r" r•y �p'Jtt t .�J. ' INm� ' ♦ __. a �JillliV!!s■la.`�►I,M+r�! k6r,�1 �`'� . 1}.`�►�rlr+ ;` � ��� � •.. �� R����Qi�i �i+4.�r�� AL6'�.0 i ♦ rl++'► 'i w`f� Lir,. •Ci� Tit��Y M i�� s�li`r.•��t`� p ,4'nF. .9E��.�: {ei i s• f� M �/��, •k"►i?�. Ki 'e .tt� all aga, . "" +�����: � �... �i � : alilr � r• 1Y �� .a'�'��`^w't`,�a,.�• �„ �� ��� ir��e�j°/�i r ' �•�iri �t...�r �`� _.�a ��dR �t li�� ��1.' �� �t?�r? -;� �ar�1� � S.7 � *� •M Y ��•f C. as goo • r► / :a •• :.r.p '• r Ha IF tea'+=�� — v r I K-.r�. e,'•• � i it p •� S�'t 1' . 'n� -��■ al=ifS.�ia'� 47i���•. + _ r° e.plat �' r j7ii�� ' 4i♦a'�Y r t Ar Malt 'tliiti _ �• W 1*t ._r.: i� i Item: Prelim Plat - West Pasco Terrace Vicinity Applicant: _ Map File • • 10-00 1 I in 1111 111, N\6,,kN tks kz% Si k% SS OEM IAIIX, gs,X% S k§tIRS.kbz SNO NXINWR 11\ NSA, NoMER �RN SENNAZ NIN g�� ���� r � �����§ `�r 'a�i t:La �, �, �• MSCE RIVERS ;`4�,��3+j■� r �- � 'fir` ��� � � � N Jim, ORM RESOLUTION NO. A RESOLUTION APPROVING A PRELIMINARY PLAT FOR WEST PASCO TERRACE. WHEREAS, RCW 58.17 enables the City to uniformly administer the process of subdividing property for the overall welfare of the community; and, WHEREAS, owners and developers of property situated in the northeast quarter of Section 10, Township 9 North, Range 29 East, W.M. have requested approval of a preliminary plat; and, WHEREAS, the Plamiing Commission has reviewed said preliminary plat which is named West Pasco Terrace; and WHEREAS, following a public hearing, the Planning Commission found the proposed plat promoted the general welfare of the community and recommended said preliminary plat be approved with conditions; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That the preliminary plat for West Pasco Terrace, located in the northeast quarter of Section 10. Township 9 Forth, Range 29 East W.M., is hereby approved with the following conditions: 1) Lots abutting Road 60 and Power Line Road shall not have direct access to said streets. Access shall be prohibited by means of deed restrictions or statements on the face of the final plat(s). 2) The developer/builder shall pay the "traffic mitigation fee" established by ordinance at the time of issuance of building permits for homes. Fees collected shall be placed in a fund and used to finance signalization and other improvements necessary to mitigate traffic impacts on the circulation system within the 1-182 corridor. 3) The developer shall install a common "Estate Type" fence 6 feet in height adjacent the rear line of all lots backing on Road 60 and Power Line Road as a part of the infrastructure improvements associated with each phase abutting said streets. The fence must be constructed of masonry block. A fencing detail must be included on the subdivision construction drawings. Consideration must be given to the vision triangle at the intersection of streets. The City may make repairs or replace the fencing as needed, Property owners adjoining said fence shall be responsible for payment of all costs associated with fence maintenance and upkeep. These fencing requirements shall be noted clearly on the face of the final plat(s). A concrete mow strip shall be installed under or beside any common fence when directed by the Parks Division and shall be approved by the Parks Division prior to installation. 4) All corner lots and other lots that present difficulties for the placement of yard fencing shall be identified in the notes on the face of the final plat(s). 5) No utility vaults, pedestals or other obstructions will be allowed at street intersections. 1 6) Excess right-of-way along Road 60 and Power Line Road must be landscaped. Said landscaping shall include irrigation, turf and trees. Trees shall be planted at 50-foot intervals. The species of the trees will be determined by the Parks Department. All landscaping and irrigation plans shall be reviewed and approved by the Parks Department prior to installation. Water usage for City right-of-way landscaping shall come from a source as approved by the City with the connection and meter fees paid for by the developer. 7) The developer/builder shall pay the City a "common area maintenance fee" of$465 per lot upon issuance of building permits for homes. These Rinds shall be placed in a fund and used to finance the maintenance of lands along Road 60 and Power Line Road. The City shall not accept maintenance responsibility for the landscaping abutting said streets until such time as all fees are collected for each phase abutting said streets. 8) All storm water is to be disposed of per City and State Codes and requirements. Storm water retention for the subdivision shall utilize a storm pond system. However, exfiltration trenches will be considered for use within the subdivision at the approval of the City Engineer. Storm water retention for Road 60 and Power Line Road may be by means of exfiltration trenches. A storm water plan is required to be submitted and approved (PMC 26.24.40). Due to storm water runoff concerns, all lots abutting the bottom of a hillside shall be raised a minimum of 2 feet above the curb line to protect from runoff overflow. 9) The developer shall insure active and ongoing dust, weed and litter abatement activities occur during the construction of the subdivision and construction of the houses thereon. 10) The developer shall prepare a weed, dust and erosion control plan to be approved by the Community and Economic Development Director prior to approval of any construction drawings for the first phase of the subdivision. The plan may include the use of an irrigated cover crop (not to include row crops) on portions of the site not being developed. The subdivision shall be developed in such a manner as to ensure that a maximum area of the site is covered with a cover crop. 11) The developer shall be responsible for the creation of record drawings. All record drawings shall be created in accordance with the requirements detailed in the Record Drawing Requirements and Procedure form provided by the City Engineering Department. This form shall be signed by the developer prior to plan approval. 12) Plat phasing shall follow the phasing order as submitted with the preliminary plat application. 13) At the time each phase is developed, all roads and utilities contained therein shall be developed to City standards or as approved by the City Engineer. This includes, but is not limited to, water, irrigation and sewer lines, streets, storm water, fire hydrants and streetlights. Sidewalks must be installed no later than the time each lot is developed with a house. All pedestrian ramps and the sidewalks on Road 60 and Power Line Road must be completed with the street and curb improvements prior to final plat approval for phases abutting said streets. 'Water utility improvements shall include necessary pressure reducing valves and utility extensions/looping as approved by the City Engineer. 14) Road 60 must be completed from Sandifur Parkway to the North edge of Phase 1 with the first phase of development. The second phase of development shall construct Road 60 from the North edge of Phase 1 to Power Line Road including the intersection of Road 60 2 and Power Line Road. Curb returns shall be constructed on Road 60 for the connections to Sandifur Parkway, Power Tine Road, Three Rivers Drive and Overton Road. The curb returns on Sandifur Parkway and Power Line Road shall have a radius of 55 feet. Overton Road and Three Rivers Crossing curb returns shall have a radius of 35 feet. Road 60 must havc 40 feet of right-of-way dedicated on the developer's property to accommodate a future right-of-way of 80 feet. Additional right-of-way on adjoining property will be required to accommodate the 4 feet of paving required to the east of the future centerline of Road 60. The pavement width must be 28 feet (24 feet on the developer's property and 4 feet east of the future centerline of Road 60 on the adjoining property) for a total future pavement width of 48 feet. The paving section must consist of a 4 inch asphalt layer placed on a 2 inch top course with an 8 inch base course. The developer must install curb, gutter and a 5 foot wide sidewalk and pedestrian ramps on the developer's property down the east side of Road 60 along with the street improvements. The developer shall install curb and gutter to Sandifur Parkway on the east side of Road 60. All required fire hydrants, street lighting and storm drain facilities must be installed along with the street improvements. The developer must also install a 12 inch irrigation main line in Road 60 in conjunction with the roadway improvements. The location and material for the pipe will be as directed by the City Engineer. 15) Power Line Road must be completed with each phase of development abutting said street. Power Line Road must have 40 feet of right-of-way dedicated on the developer's property to accommodate a future right-of-way of 80 feet. Additional right-of-way on adjoining property will be required to accommodate the 4 feet of paving required to the north of the future centerline of Power Line Road. The curve radius for the right-of-way at all intersections with Power Line Road must be 45 feet with the exception of the intersection with Road 60 which must be 55 feet. Power Line Road must he built to a 28 feet pavement width (24 feet on the developer's property and 4 feet north of the future centerline of Power Line Road on the adjoining property. The pavement section for Power Line Road must consist of a 4 inch pavement layer placed on a 2 inch top course with an 8 inch base course. The developer must install curb, gutter and a 5 foot wide sidewalk along the south side of Power Line Road as part of the roadway improvements. All required fire hydrants, street lighting and storm drain facilities must be installed by the developer along the south side of Power Line Road. The developer must also install a 16 inch irrigation main line in Power Line Road as part of the roadway improvements. The location and material for the pipe will be as directed by the City Engineer, 16) Street grades for all arterial and collector roads shall not exceed 6%. Interior local access street grades shall not exceed 10%. Approaches to intersecting interior streets shall not exceed 2% and any street intersecting an arterial or collector street shall be 0% coming out of the toe of the slope. All temporary streets will be required to have a paved turn around (2" paved surface on 2" of top course and 4" of base course) at the end of the street to the satisfaction of the City Engineer. 17) All water lines must be extended through the length of each proposed plat. No phase can be left for more than 6 months vvithout the subsequent looping of each system with the existing City of Pasco water system. The developer will be required to deposit funds for any non-looped system left longer than 6 months with the City of Pasco to insure the completion of the water system. No water valves/meter boxes are to be located in any easement/walkways. 3 18) Irrigation mainlines shall be installed throughout the entire plat of a size sufficient to service every lot within the plat pursuant to PMC 26.04.116. All easements/rights of way necessary to convey an irrigation system to and through the plat must be conveyed to the City of Pasco. A 12" irrigation mainline shall be extended from Sandifur Parkway to Power Line Road. 19) Any existing irrigation pipe from the previous farming activities on the site, regardless of size, type or location, must be removed at the owner/developers expense. Existing pipe must be removed prior to the development of the phase in which it is located and must be removed to the satisfaction of the City of Pasco. 20) Any and all utilities shall be Iocated as directed by the City Engineer. This shall include, but is not limited to, gas, phone, power, cable and all other utilities located within or adjoining the plat. Any existing utilities that present difficulties shall be relocated at the developer's expense, pursuant to the City Engineer's direction. All utility plans, including the above mentioned, are required to be submitted to the City of Pasco prior to subdivision approval. 21) The developer shall be responsible for all costs associated with construction inspection and plan review service expenses incurred by the City of Pasco Engineering Department. 22) All engineering designs for infrastructure and final plat drawings shall utilize the published City of Pasco Vertical Control Datum and shall be identified on each such submittal. 23) The final plat shall contain 10-foot utility easements parallel to all streets. An additional easement shall be provided as needed by the Franklin County PUD. All other easement widths are to be as directed by the City Engineer. 24) The final plat shall contain the following Franklin County Public Utility District statement: "The individual or company making improvements on a lot or lots of this plat is responsible for providing and installing all trench, conduit, primary vaults, secondary junction boxes, and backfill for the PUD's primary and secondary distribution system in accordance with PUD specifications; said individual or company will make full advance payment of line extension fees and will provide all necessary utility easements prior to PUD construction and/or connection of any electrical service to or within the plat." 25) Water rights shall be assigned to the City of Pasco prior to acceptance of any subdivision construction plans. 26) Street lighting will be installed to the City of Pasco/Franklin County PUD standards and as directed by the City Engineer. Residential street lights are typically installed every 300 feet and collector/arterial type street lights are typically installed every ISO feet. 27) Prior to the City Pasco accepting construction plans for review for any phase of development the developer must enter into a Storm Water Maintenance Agreement with the City. The developer-A411 be responsible to obtain the signatures of all parties required on the agreement and to have the agreement recorded with the Franklin County Auditor. The original signed and recorded copy of the agreement must be presented to the City at the first intake meeting for construction plans for each phase of development. 28) The developer will be required to conform to all conditions set forth in the Storm Water Maintenance Agreement including, but not limited to, regular cleaning and maintenance of all streets, gutters, catch basins and catch basin protection systems. Cleaning shall 4 occur on a regular basis to ensure that no excess build up of sand, trash, grass clippings, weeds or other debris occurs in any portion of the streets, gutters, or storm water collection facilities. Cleaning and upkeep of the streets, gutters, and storm water collection facilities must be to the satisfaction of the City Engineer. The developer will be responsible to operate and maintain the storm drain system in accordance with the Storm Water Maintenance Agreement for a period of up to 5 years from the date of final plat approval for each phase or until the system is accepted by the City. The City of Pasco's acceptance of construction plans for subsequent phases of the subdivision will be contingent on the dcvcloper satisfying all requirements of the Storm Water Maintenance Agreement. 29) The developer will be required to comply with the City of Pasco Civil Plan Review Process, A copy of the requirements for the civil plan review process is available from the City of Pasco Engineering Department. 30) A revised Preliminary Plat incorporating all plat approval conditions shall be submitted to the City of Pasco Engineering Department prior to the submittal of any subdivision construction plans. Passed by the City Council of the City of Pasco this 3`d day of May, 2010. Matt Watkins, Mayor Pro-Tern ATTEST: APPROVED AS TO FORM: Debra L. Clark, CMC Leland B. Kerr, City Attorney City Clerk 5 REPORT TO PLANNING COMMISSION MASTER FILE NO: PP 10-001 APPLICANT: Farm 2005 LLC HEARING DATE: 3/ 18/ 10 2420 W. Court Street ACTION DATE: 4/ 15/ 10 Pasco, WA 99301 BACKGROUND REQUEST: PRELIMINARY PLAT: West Pasco Terrace, 139-Lots 1. PROPERTY DESCRIPTION: Legal: The northwest 1/4 of the northeast 1/4 of Section 10, Township 9 North, Range 29 East W.M. General Location: Southeast corner of the future extension of Road 60 and Power Line Road Property Size: Approximately 40 Acres Number of Lots Proposed: 139 single-family lots Square Footage Rangge of Lots: 8,500 ft' to 17,723 fe Average_Lot S-guare Footage: 9,083 ft' 2. ACCESS: The property has access from Road 56 and Road 60. 3. UTILITIES: Municipal sewer is located along the southern portion of the proposed plat in alignment with the future extension of Three Rivers Drive. Water service will need to be extended to the site from the south and west. 4. LAND USE AND ZONING: The site is zoned R-1 (Low Density Residential) with a concomitant agreement mandating a minimum lot size of 8,500 square feet. Surrounding properties are zoned and developed as follows: NORTH: Franklin County - Ag, Farm Land SOUTH: Franklin County - R-S-20, Single Family Residences EAST: R-1 - Single Family Residences WEST R-S-1 - Farm Land 5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for low density residential development. According to the Comprehensive Plan low density residential means 2 to 5 dwelling units per acre. The criteria for allocation under the future land use section of Volume II of the Comprehensive Plan (page 17) encourages development of lands designated for residential uses when or where; sewer is available, land is suitable for home sites, and when there is a market demand. Policy H-1-E encourages the advancement of home ownership 1 and Goal H-2 suggests the City strive to maintain a variety of housing options for residents of the community. Goal LU-2 encourages the maintenance of established neighborhoods and the creation of new neighborhoods that are safe and enjoyable places to live. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the State Environmental Policy Act checklist, the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Determination of Non-Significance has been issued for this project under WAC 197-11-158. ANALYSIS At the time the Comprehensive Plan was originally developed there was no development in the I-182 corridor, except for the Desert Plateau/Riverview Heights neighborhood. The plan envisioned development would occur radially from the major interchange nodes of Road 68 and Road 100 and fill back toward the main part of the city. Through the implementation of land use regulations, development is expanding as planned from the interchange nodes. The proposed plat is a continuation of the current subdivision development that has been occurring east of Convention Drive. The City's land use plans for the last 25 years have indicated the property in question should be utilized for low-density residential development. Following the direction of the land use plan most of the community's low density residential development over the last two decades has occurred in the 1-182 corridor. The property in question was annexed to the City in 2006 and recently rezoned R-1(Low Density Residential) with a concomitant agreement setting the minimum lot size at 8,500 square feet. The applicant is proposing to subdivide the site into 139 single-family lots. The proposal calls for the development of single-family lots that are similar in size to the subdivision to the west and similar to lots in the Sunny Meadows and Village at Pasco Heights. LOT LAYOUT: The proposed plat contains 139 lots; with the lots varying in size from 8,500 square feet to over 17,000 square feet consistent with the rezone that was approved by the City Council in February of this year. RIGHTS-OF-WAY: All lots have adequate frontage on streets that will be dedicated. The Comprehensive Plan calls for a collector street (Road 60) along 2 the western border of the site and an arterial street (Power Line Road) along the northern border of the site. UTILITIES: The developer will be responsible for extending the water lines, seater lines and other utilities into the plat. A utility easement will be needed along the first 10 to 15 feet of street frontage of all lots. The final location and width of the easements will be determined during the engineering design phase. The front yard setbacks for construction purposes are larger than the requested easements; therefore the front yard easements will not encroach upon the buildable portions of the lots. The City Engineer will determine the specific placement of fire hydrants and streetlights when construction plans are submitted. As a general rule, fire hvdrants are located at street intersections and at a maximum of 600-foot intervals and streetlights are located at street intersections and at 300-foot intervals on residential streets and 150-foot intervals on all others. STREET NAMES: The street names have not been selected yet. The Three Rivers development to the west is using northwest geographical names as a theme. IRRIGATION: The municipal code requires the installation of irrigation lines as a part of infrastructure improvements. WATER RIGHTS: The assignment of water rights is a requirement for subdivision approval. Water rights have not yet been assigned to the City. FINDINGS OF FACT State law (RCW 58. 17.010) and the Pasco Municipal Code require the Planning Commission to develop Findings of Fact as to how this proposed subdivision will protect and enhance the health, safety and general welfare of the community. The following is a listing of proposed "Findings of Fact" per RCW 58.17: 1) Prevent Overcrowding: Minimum lot sizes of 8,500 square feet or greater will address the overcrowding concern by providing manageable lots and usable open spaces. The Comprehensive Plan suggests the property in question be developed with 2 to 5 dwelling units per acre. The proposed plat has a density of about 3.5 units per acre, No more than 40 percent of each lot can be covered with structures per R-1 zoning standards. 2) Parks Opens Space/Schools: A future 5-acre park site is located at the southwest corner of Road 60 and Three Rivers Drive. The preliminary plat was submitted to the School District for review. No comments were received from 3 the School District. The School District has purchased an 8-acre site for an elementary school at the northwest corner of Road 60 and Sandifur Parkway. The elementary school site is currently being reviewed by the Planning Commission under the special permit process. The School District has also purchased a 40-acre middle school site at the north end of Road 52 directly east of the site in question. 3) Effective Land Use/Orderly Development: The plat is laid out for low density residential development as identified in the Comprehensive Plan. The maximum density permitted under the Comprehensive Plan is 5 dwelling units per acre. The proposed development with about 3.5 dwelling units per acre, is an orderly continuation of the existing residential subdivisions to the west. 4) Safe Travel & Walking Conditions: The plat provides connections to the community by way of Road 60, Three Rivers Drive, Road 56 and Power Line Road. Sidewalks will be installed throughout the development. Sidewalks are installed at the time homes are built on individual lots. Sidewalks along arterial or collector streets are built in conjunction with the street by the developer. The Comprehensive Plan indicates a major north/south collector street (Road 60) is to be located in the western boundary of the proposed development. The Plan also indicates a major east/vest arterial (Power Line Road) is to be located along the northern edge of the proposed plat. The developer will be responsible for constructing a portion of these major roadways. To assist in the construction of area wide transportation improvements the City has been assessing traffic impact fees on all new development to finance transportation related improvements in the I-182 Corridor Area. The 1-182 Sub-Area Transportation Plan was reviewed and updated in 2008-2009. As a result of the review, traffic impact fees were updated in January of 2009. Single-Family residential traffic impact fees are now $709 per single-family dwelling unit. Funds collected through impact fees, including those from the proposed plat, will be used for improvements identified in the Sub-Area Transportation Plan. 5) Adequate Provision of Municipal Services: All lots within the plat will be provided with water, sewer and other utilities. 6) Provision of Housing for State Residents: This preliminary plat will provide 139 lots to provide a variety of housing types and densities for Pasco residents. 7) Adequate Air and Light: The lot sizes and maximum lot coverage limitations will assure that adequate movement of air and light is available to each lot. 4 8) Proper Access & Travel: The access streets to and through the plat will be paved and developed to City standards to assure that proper access is maintained to each lot. Connections to the community will be provided by Road 56, Road 60, Three Rivers Drive and Power Line Road. The preliminary plat was submitted to the Transit Authority for review. (The discussion under "Safe Travel" above applies to this section also.) 9) Comprehensive Plan Policies & Maps: The Comprehensive Plan designates the plat site for Low-Density Residential development, Policies of the Comprehensive Plan encourage the advancement of home ownership and suggest the City strive to maintain a variety of housing for residents. Other Findings: (list additional findings as appropriate) (1) The site is within the Pasco Urban Growth Boundary. (2) The State Growth Management Act requires urban growth and urban densities to occur within the Urban Growth Boundaries. (3) Prior Comprehensive Plans for the past 2 decades have set the site aside for low density residential development. (4) Low density development is described in the Comprehensive Plan as 2 to 5 dwelling units per acre. (5) The site is zoned R-1 (Low Density Residential) with a concomitant agreement permitting minimum lot sizes of 8,500 square feet.. (6) The land use allocation table (Land Use Section, p. 17, Vol. I1) of the Comprehensive Plan encourages development of lands designated for low density residential uses when sewer is available, when there is market demand and where land is suitable for home sites. (7) The Housing Element of the Comprehensive Plan encourages the advancement of programs that encourage home ownership and development of a variety of residential densities and housing types. (8) The Transportation Element of the Comprehensive Plan encourages the interconnection of neighborhood streets to provide for the disbursement of traffic. (9) The interconnection of neighborhood streets is necessary for utility connections (looping) and the provision of emergency services. (10) The Pasco 1-182 Corridor Sub-Area Transportation Plan and the Highway Capacity Manual indicate there is capacity in the current street network to absorb traffic from the proposed site if developed with homes, (11) The traffic improvements recommended in the Traffic Impact Analysis have been completed or will be completed in 2010. (12) The School District has purchased sites for future schools at the northwest corner of Road 60 and Sandifur Parkway (elementary school) and at the end of Road 52 (middle school). 5 (13) The Three Rivers Crossing subdivision is being developed directly to the west of the site in question. (14) A water line is now located at the north end of Road 56. (15) A new sewer line has been installed through the southern portion of the site from the Three Rivers Crossing subdivision to the west. CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of the proposed plat the Planning Commission must develop findings of fact from which to draw its conclusion (P.M.C. 26.24.070) therefrom as to whether or not: (1) Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, transit stops, schools and school grounds, sidewalks for safe walking conditions for students and other public needs; The proposed plat will be required to develop under the standards of the Municipal Code and the standard specifications of the City Engineering Department. These standards for streets, sidewalks and other infrastructure improvements were designed to ensure the public health; safety and general welfare of the community are secured. These standards include provisions for streets, drainage, water and sewer service and the provision for dedication of park lands. This preliminary plat has been forwarded to the Franklin County PUD, the Pasco School District and Ben-Franklin Transit Authority for review and comment. A 5-acre park site is located on Road 60 directly west of the proposed plat. Two new school sites are located to the north on Road 60 and Road 52. (2) The proposed subdivision contributes to the orderly development and land use patterns in the area; The proposed plat makes efficient use of vacant land and will provide for the looping of utilities and interconnectivity of streets as supported in the Comprehensive Plan. (3) The proposed subdivision conforms to the policies, maps and narrative text of the Comprehensive Plan; The Comprehensive Plan land use map designates the site for low-density residential development. Low-density development is described as 2 to 5 single-family units per acre in the text of the Comprehensive Plan. The Housing Element of the Plan encourages the promotion of a variety of residential densities and suggests the community should support the 6 advancement of programs encouraging home ownership. The Transportation Element of the Plan suggests major streets should be beautified with trees and landscaping. The Plan also encourages the interconnection of local streets for inter-neighborhood travel for public safety as well as providing for traffic disbursement. (4) The proposed subdivision, conforms to the general purposes of any applicable policies or plans which have been adopted by the City Council; Development plans and policies have been adopted by the City Council in the form of the Comprehensive Plan. The proposed subdivision conforms to the policies, maps and narrative text of the Plan as noted above in (3). (5) The proposed subdivision conforms to the general purposes of the subdivision regulations. The general purposes of the subdivisions' regulations have been enumerated and discussed in the staff analysis and findings of fact. The findings of fact indicate the subdivision is in conformance with the general purposes of the subdivision regulations. (6) The public use and interest will be served by approval of the proposed subdivision. The proposed plat, if approved, will be developed in accordance with all City standards designed to insure the health, safety and welfare of the community are met. The Comprehensive Plan will be implemented through development of this plat. These factors will insure the public use and interest are served, PLAT APPROVAL CONDITIONS 1) Lots abutting Road 60 and Power Line Road shall not have direct access to said streets. Access shall be prohibited by means of deed restrictions or statements on the face of the final plat(s). 2) The developer/builder shall pay the "traffic mitigation fee" established by ordinance at the time of issuance of building permits for homes. Fees collected shall be placed in a fund and used to finance signalization and other improvements necessary to mitigate traffic impacts on the circulation system within the I-1 82 corridor. 3) The developer shall install a common "Estate Type" fence 6 feet in height adjacent the rear line of all lots backing on Road 60 and Power Line Road as a part of the infrastructure improvements associated with each phase abutting said streets. The fence must be constructed of masonry block. A fencing detail must be included on the subdivision construction drawings. Consideration must be given to the vision triangle at the intersection of streets. The City may make repairs or replace the fencing as needed. Property owners adjoining said fence shall be responsible for payment of all costs associated with fence maintenance and upkeep. These fencing requirements shall be noted clearly on the face of the final plat(s). A concrete mow strip shall be installed under or beside any common fence when directed by the Parks Division and shall be approved by the Parks Division prior to installation. 4) All corner lots and other lots that present difficulties for the placement of yard fencing shall be identified in the notes on the face of the final plat(s), 5) No utility vaults, pedestals or other obstructions will be allowed at street intersections, 6) Excess right-of-way along Road 60 and Power Line Road must be landscaped. Said landscaping shall include irrigation, turf and trees. Trees shall be planted at 50-foot intervals. The species of the trees will be determined by the Parks Department. All landscaping and irrigation plans shall be reviewed and approved by the Parks Department prior to installation. Water usage for City right-of-way landscaping shall come from a source as approved by the City with the connection and meter fees paid for by the developer. 7) The developer/builder shall pay the City a "common area maintenance fee" of $465 per lot upon issuance of building permits for homes. These funds shall be placed in a fund and used to finance the maintenance of lands along Road 60 and Power Line Road, The City shall not accept maintenance responsibility for the landscaping abutting said streets until such time as all fees are collected for each phase abutting said streets. 8) All storm grater is to be disposed of per City and State Codes and requirements. Storm water retention for the subdivision shall utilize a storm pond system. However, exfiltration trenches will be considered for use within the subdivision at the approval of the City Engineer. Storm water retention for Road 60 and Power Line Road may be by means of exfiltration trenches. Storm water retention for Road 60 and Power Line Road may be by means of exfiltration trenches. A storm water plan is required to be submitted and approved (PMC 26.24.40). Due to storm water runoff concerns, all lots abutting the bottom of a hillside shall be raised a minimum of 2 feet above the curb line to protect from runoff overflow. 9) The developer shall insure active and ongoing dust, weed and litter abatement activities occur during the construction of the subdivision and construction of the houses thereon. 10) The developer shall prepare a weed, dust and erosion control plan to be approved by the Community and Economic Development Director prior to approval of any construction drawings for the first phase of the 8 subdivision. The plan may include the use of an irrigated cover crop (not to include row crops) on portions of the site not being developed. The subdivision shall be developed in such a manner as to ensure that a maximum area of the site is covered with a cover crop. 11) The developer shall be responsible for the creation of record drawings. All record drawings shall be created in accordance with the requirements detailed in the Record Drawing Requirements and Procedure form provided by the City Engineering Department. This form shall be signed by the developer prior to plan approval. 12) Plat phasing shall follow the phasing order as submitted with the preliminary plat application. 13) At the time each phase is developed, all roads and utilities contained therein shall be developed to City standards or as approved by the City Engineer. This includes, but is not limited to, water, irrigation and sewer lines, streets, storm water, fire hydrants and streetlights. Sidewalks must be installed no later than the time each lot is developed with a house. All pedestrian ramps and the sidewalks on Road 60 and Power Line Road must be completed with the street and curb improvements prior to final plat approval for phases abutting said streets. Water utility improvements shall include necessary pressure reducing valves and utility extensions/looping as approved by the City Engineer. 14) Road 60 must be completed from Sandifur Parkway to the North edge of Phase 1 with the first phase of development. The second phase of development shall construct Road 60 from the North edge of Phase 1 to Power Line Road including the intersection of Road 60 and Power Line Road. Curb returns shall be constructed on Road 60 for the connections to Sandifur Parkway, Power Line Road, Three Rivers Drive and Overton Road. The curb returns on Sandifur Parkway and Power Line Road shall have a radius of 55 feet. Overton Road and Three Rivers Crossing curb returns shall have a radius of 35 feet. Road 60 must have 40 feet of right-of-way dedicated on the developer's property to accommodate a future right-of-way of 80 feet. Additional right-of-way on adjoining property will be required to accommodate the 4 feet of paving required to the east of the future centerline of Road 60. The pavement width must be 28 feet (24 feet on the developers property and 4 feet east of the future centerline of Road 60 on the adjoining property) for a total future pavement width of 48 feet. The paving section must consist of a 4 inch asphalt layer placed on a 2 inch top course with an 8 inch base course. The developer must install curb, gutter and a 5 foot wide sidewalk and pedestrian ramps on the developer's property down the east side of Road 60 along with the street improvements. The developer shall install curb and gutter to Sandifur Parkway on the east side of Road 60. All required fire hydrants, street lighting and storm drain facilities must be installed along with the street improvements. The developer must also install a 12 inch irrigation main line in Road 60 in conjunction with the roadway 9 improvements. The location and material for the pipe will be as directed by the City Engineer. 15) Pourer- Line Road must be completed with each phase of development abutting said street. Power Line Road must have 40 feet of right-of-way dedicated on the developer's property to accommodate a future right-of- way of 80 feet. Additional right-of-way on adjoining property will be required to accommodate the 4 feet of paving required to the north of the future centerline of Power Line Road. The curve radius for the right-of- way at all intersections with Power Line Road must be 45 feet with the exception of the intersection with Road 60 which must be 55 feet. Power Line Road must be built to a 28 feet pavement width (24 feet on the developer's property and 4 feet north of the future centerline of Power Line Road on the adjoining property. The pavement section for Power Line Road must consist of a 4 inch pavement layer placed on a 2 inch top course with an 8 inch base course. The developer must install curb, gutter and a 5 foot wide sidewalk along the south side of Power Line Road as part of the roadway improvements. All required fire hydrants, street lighting and storm drain facilities must be installed by the developer along the south side of Power Line Road. The developer must also install a 16 inch irrigation inain line in Power Line Road as part of the roadway improvements. The location and material for the pipe will be as directed by the City Engineer. 16) Street grades for all arterial and collector roads shall not exceed 60/0. Interior local access street grades shall not exceed 10%. Approaches to intersecting interior streets shall not exceed 2% and any street intersecting an arterial or collector street shall be 0% coming out of the toe of the slope. All temporary streets will be required to have a paved turn around (2" paved surface on 2" of top course and 4" of base course) at the end of the street to the satisfaction of the City Engineer. 17) All water lines must be extended through the length of each proposed plat. No phase can be left for more than 6 months without the subsequent looping of each system with the existing City of Pasco water system. The developer will be required to deposit funds for any non- looped system left longer than 6 months with the City of Pasco to insure the completion of the water system. No water valves/meter boxes are to be located in any easement/walkways. 18) Irrigation mainlines shall be installed throughout the entire plat of a size sufficient to service every lot within the plat pursuant to PMC 26.04.116. All easements/rights of way necessary to convey an irrigation system to and through the plat must be conveyed to the City of Pasco. A 12" irrigation mainline shall be extended from Sandifur Parkway to Pourer Line Road. 19) Any existing irrigation pipe from the previous farming activities on the site, regardless of size, type or location, must be removed at the 10 owner/developers expense. Existing pipe must be removed prior to the development of the phase in which it is located and must be removed to the satisfaction of the City of Pasco. 20) Any and all utilities shall be located as directed by the City Engineer, This shall include, but is not limited to, gas, phone, power, cable and all other utilities located within or adjoining the plat. Any existing utilities that present difficulties shall be relocated at the developer's expense, pursuant to the City Engineer's direction. All utility plans, including the above mentioned, are required to be submitted to the City of Pasco prior to subdivision approval. 21) The developer shall be responsible for all costs associated with construction inspection and plan review service expenses incurred by the City of Pasco Engineering Department. 22) All engineering designs for infrastructure and final plat drawings shall utilize the published City of Pasco Vertical Control Datum and shall be identified on each such submittal, 23) The final plat shall contain 10-foot utility easements parallel to all streets, An additional easement shall be provided as needed by the Franklin County PUD. All other easement widths are to be as directed by the City Engineer. 24) The final plat shall contain the following Franklin County Public Utility District statement: "The individual or company making improvements on a lot or lots of this plat is responsible for providing and installing all trench, conduit, primary vaults, secondary junction boxes, and backfill for the PUD's primary and secondary distribution system in accordance with PUD specifications; said individual or company will make full advance payment of line extension fees and will provide all necessary utility easements prior to PUD construction and/or connection of any electrical service to or within the plat." 25) Water rights shall be assigned to the City of Pasco prior to acceptance of any subdivision construction plans. 26) Street lighting will be installed to the City of Pasco/Franklin County PUD standards and as directed by the City Engineer. Residential street lights are typically installcd every 300 feet and collector/arterial type street lights are typically installed every 150 feet. 27) Prior to the City Pasco accepting construction plans for review for any phase of development the developer must enter into a Storm Water Maintenance Agreement with the City. The developer will be responsible to obtain the signatures of all parties required on the agreement and to have the agreement recorded with the Franklin County Auditor. The original signed and recorded copy of the agreement must be presented to the City at the first intake meeting for construction plans for each phase of development. ll 28) The developer will be required to conform to all conditions set forth in the Storm Water Maintenance Agreement including, but not limited to, regular cleaning and maintenance of all streets, gutters, catch basins and catch basin protection systems. Cleaning shall occur on a regular basis to ensure that no excess build up of sand, trash, grass clippings, weeds or other debris occurs in any portion of the streets, gutters, or storm water collection facilities. Cleaning and upkeep of the streets, gutters, and storm water collection facilities must be to the satisfaction of the City Engineer. The developer will be responsible to operate and maintain the storm drain system in accordance with the Storm Water Maintenance Agreement for a period of up to 5 years from the date of final plat approval for each phase or until the system is accepted by the City. The City of Pasco`s acceptance of construction plans for subsequent phases of the subdivision will be contingent on the developer satisfying all requirements of the Storm Water Maintenance Agreement. 29) The developer will be required to comply with the City of Pasco Civil Plan Review process. A copy of the requirements for the civil plan review process is available from the City of Pasco Engineering Department. 30) A revised Preliminary Plat incorporating all plat approval conditions shall be submitted to the City of Pasco Engineering Department prior to the submittal of any subdivision construction plans. RECOMMENDATION MOTION for Findings of Fact: I move to adopt findings of fact and conclusions as contained in the April 15, 2010 staff report. MOTION for Recommendation: I move based on the findings of fact and conclusions, as adopted, that the Planning Commission recommend City Council approve a preliminary plat for West Pasco Terrace with the conditions as listed in the April 1S, 2010 staff report. 12 a a Item: Prelim Plat Pasco I 0 Ap licant: arm 05 LLC Map File #: PP 10-00 Pff men t + .. .► a w■ no i9/1is f�i «I I 1 awi is � s IH1'A�i•s I S• � �t w ww w"" lYi7ir �. . •i� �� w �� '��►:,.�• 1..a �I� \ fir,_�. • rat. •.� 'ts� • r� �i r��►� �' r i�.i►ki.����'} ";`�, Kigali I'd 14 a • .I ■ [u �a�r,• li .� � � . i_x Q a y :�s�a►N � t �. � K +x� :r (� �!4 Jr .�. rr ww r . 4■� c 'etr.ai w` 1t �+ T r1 •e r �• t �N �� �� a�:a.1wQ s !� "+ t� •"1�A ''� z.,• 3 �Lifi'l1tL ,11�� �.. �•r to r .�. .. t*i ��EIFLsss� il�d► Al i1�lliass�����:�� q•i.•trtt_1r R�'r rr. ..ti1+`, � �._�a'.. - y _ ,r—' — r rASaf%ilrll rs7lyfiak� :��t!+�;rlcN- - ��•a ra �� �w i ..�. i •dl�--� z sisllr ffs sir• +iii tI�J«r : l,r'� ;• �~ =� '� � rtalssilraNN[�isfe lrtk/i �•,• •+`- u •r •ate a� i 2IlYiF+I� � '.: rt% �' ,r -Ytisiitis yuHl+'.v t �w �� s � .ara r.r' �w '� � • ;� ! _, _ - �, •� A •+ � _ •.•. •.y„ � tits ,rr � ww �������t _ .1A sw■w■ 'r I[fi�tl! ■r .r w [r ;/.:. r '• r I[• 11'�Mr�i*■sr /\..•� v'M-+il , r•• 1;iltei xri ''►•�:,. �_ �,... � ► srt .� ra rr ■IYIfFY ►'r J• ., -_` ��'Qiil � # c �, -. � i•�+id;ystiii r � '= nf .,�. :.:... .`i�y sui �/t �: �i 't ���*� : y.''/..• ��Siil�SiL�i�iLK . � .,1�• t '■' al!lRIr�N�srF [ 1}� \ ttYtiid+"iY• ? [+urra. to s■ •� aatt +w �. ♦9 a r't9 • I SL/��LdLtr ■ s� �. `7 i; ! l,sje��f ar�ir7rr/ :rr ;rr ilJrf i" `r �w • r,,' <+ ■ _ �.� a'tir ',Ai �Iffi N� a i. e� r tr.+ =r,� �yl.:aa�!!!a •i fif_�a`w� :IJI/� i� Q t[ +iril�" %V'+ii: 1_ .�"i `"IM1rr w'f,,�' iHs.fsr �usrri •'� Jcea Q ••J G. ,a� +�i� �: * • s �+ s ;ON�LIILLr�I rs �• • il9ii O .r/ii�iYd rtia _. nip • :t1i aim .r. lijrFfapJ,:l/ei rti „ Jsa !>�'t1A f% ! r.vr ►c �! 'y��� �y�• LOW r` ! f r►. �� ��� /aifi �tJf•� -a a•u war S �`• r r t 1 uss `}�a .r.+�r ..rte :f J % ► f�iaill::• a�rw Jiiiliaifi7:%$IiSL: �r 'c v 4 �a f d��rW �r. l;.+s�isrMr• • ,/: a4r AN 'LV w v . v4 •f A ry r wa3�Cli'r ae% rl 1IC R mod. ♦ ^r Y. ibF 1Ri :riia:Sal rS MI' •J'i O� 'i• ! rJ y ♦ it`■rt .7�rhtair•�C r.. 1117 �i Fr" �'~•� It s .%L::i•fai X�i>,, y''►a l�:aiiiiai La:ii1. a •�. .�r.-�'A'� •y ;� � ,i M j � ,_ �� j � 4.rirlsr R � .�. d•,tfr a a •° i :�• itF�ie LSsLsa+llir* ' d�+i5rii F�i� '" :1✓Z[ ' _ yy r •/IAA _ �.t �� �7T � lrs+�t.�:.•iy �s�M• ,� •..r�tjjt �� a - � � rM c ltlri►�►►' �lew�3a1"� s'a.��`r GJ , �' :k F-_— - ;ial7 91__20M t�A / ��] \__ If a •r • ; Iii ZI tie/ ! (.:r a r��, R ..:ally r . • R.3 ►• '�' �� Y !:C Tes�� - �: { �/��u - � ��.A • ,tiff �c w fil! �� r«� t! �. i � •A Lj -�; . rSe11'�/�� �>aJW?/ s f ! us •�I� M� !.� bi' V J la iW r' 1, `t S. i .. .v',.ra ,+ W A► 'SIR �ii4► y !� rr_ 'f s t:a rt i■ ��r ' l.t 1 j ftft 77— L12 him— a ,tt. �, "'V"•`•.�\_ .. �. �...r�'`. t. _-� • , �•II •Vt��� 5�. Jw��i`aT�'�ia'�"Tjyr Item: Prelim Vicinity Plat Pasco Applicant: 2005 Map File #: PP 10-001 f � N `VO4Z IL ON 4 Y \IRNI � ' %X Ittt� ♦ �. IV *11 INS,IS Igg NL IN Is N '14 10 Ism CO jig too aid Land Item: Prelim Plat - West Pasco Terrace Use Applicant: Farm 2005 LLC Map File #: PP 10-001 N Farming (County) Vacant SITE , Farming EH THREE RIVERS OR F-T-T-FTT 1 � z Z .� DAN FU U s = Z a o 7— itt O q V ALPINE LAKES DR SFDU's OITE� a NISQUALLY (County) 0 ENZIAN FALLS DR SANDIFUR PKWY Zoning Item: Prelim Plat - West Pasco Terrace Map Applicant: Farm 2005 LLC N File #. PP 10-00 1 1 AP=20 (County Ag . 'Nx SITE R-S-1 eNI�LiM9T THREE RIVERS DR 1 J DAM ON poINT DR R- z LU r a I o I v ALPINE LAKES DR RSw20� a z O NISDUALLY D (County) 0 ENZiAN FALLS DR SANDIFUR PKWY Planning Commission Minutes 3/18/2010 A. PRELIMINARY PLAT Preliminary Plat for West Pasco Terrace !Farm 2005, LLC) (Road 60 & Power Line Road) (MF# PP 10-0011 Chairman Samuel read the master file number and asked for comments from staff. Mr. McDonald, City Planner, explained the property involved with the proposed preliminary plat was rezoned a few months ago. The proposed plat contains 139 single-family lots with an average lot size of 9,000. square feet. The Nxrritten report was reviewed for the benefit of the Planning Commission. The list of 30 recommended plat approval conditions were jointly developed by the Planning staff and Engineer staff. Chairman Samuel asked where the nearest park would be located. Mr. McDonald stated it would be directly north of the proposed elementary school southwest of the proposed plat, Chairman Samuel asked where the estate type fencing would be required. Mr. McDonald stated along Road 60 and along the north side of the plat. Chairman Samuel asked about an entry sign/feature. Mr. McDonald stated the City does not maintain entry features. In this case the developer does not propose to install an entry feature. John Fetterhoff, HDJ Design Group, 6115 Burden Boulevard, Pasco, WA stated he represented Farm 2005, LLC; as well as R. C. Olin Homes. Mr. Fetterhoff asked the Planning Commission to consider modifying the a few recommended approval conditions as follows: The Developer agreed with the need to build a half street on Road 60 north from Sandifur Parkway to Three Rivers Drive with the first phase as stated in condition # 14. However, once the road reaches Three Rivers Drive they would like to build Rd 60 in conjunction with each phase of the development, The request was made to have condition # 14 modified I to read like #15 which permits Power Line Rd to be completed with each phase abutting the road. The developer asked for clarification on the need to construct a 12 inch irrigation line in Road 60 north of Three Rivers Drive. Condition #18 referenced a 12 inch line while Resolution 3124 approving the Three Rivers plat called for a 10 inch line in Road 60. They also proposed the cost of the line be shared between the two developers for a fair and equitable situation. Chairman Samuel called for clarification on the irrigation line question. Mr. Fetterhoff stated they were agreeable to the requirement to install irrigation to provide service to the project from Sandifur to Three Rivers. North of Three Rivers they felt the cost should be a shared by the Three Rivers project. Chairman Samuel asked when the project was to begin. Mr. Fetterhoff stated yesterday. The intent was to pave the project and have lots available by the end of the year. Chairman Samuel asked how many lots were proposed for Phase One. Mr. Fetterhoff stated 30 or 40 lots. Chairman Samuel opened the public hearing. Mr. McDonald stated he would meet with the Engineering department in reference to condition #18. The phasing questions for condition # 14 would be addressed with the applicant and the Engineering staff. Chairman Samuel asked if staff provided developers with flexibility in their phasing or do they come back to the Planning Commission. Mr. McDonald stated in the past plats have shown draft phasing schedules which were not included in City Council approval Resolutions. That allowed the developer the flexibility to create phases larger when the market was up and smaller phases when the market slowed down. Commissioner Anderson moved, seconded by Commissioner Hay, to close the hearing on the proposed preliminary plat and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the April 15, 2010 meeting. 2 Planning Commission Minutes 4/15/2010 D. PRELIMINARY PLAT Preliminary Plat for West Pasco Terrace (Farm 2005, LLC) (Road 60 & Power Line Road) (MF# PP 10-0011 Chairman Samuel read the master file number and explained the proposed special permit had been reviewed during a public hearing in March. The Chairman asked if staff had any additional comments. Mr. McDonald, City Planner, explained that as instructed staff met with the developer and the Engineering Department to review the issue of plat phasing, the size of the Road 60 irrigation line and storm water ponds, Mr. McDonald then reviewed the changes in the recommended plat approval condition. Condition 48 was modified to allow the option of infiltration trenches and condition #14 was modified to allow Road 60 to be built in two phases rather than one. Commissioner Anderson moved, seconded by Commissioner Little, to adopt findings of fact and conclusions as contained in the April 15, 2010 staff report. Commissioner Anderson moved, seconded by Commissioner Little, based on the findings of fact and conclusions, as adopted, that the Planning Commission recommend City Council approve a preliminary plat for West Pasco Terrace with the conditions as listed in the April 15, 2010 staff report. Staff explained the appeal process for the benefit of the audience. AGENDA REPORT FOR: City Council April 23, 2010 TO: Gary Crutchfield, C er Regular Mtg.: 5/3/10 Rick White, Corrununity&Ecoi rnic Development Director FROM: Jeffrey B. Adams, Associate Planner SUBJECT: REZONE (MF# Z 10-001): Rezone from C-2 to C-1 (dance hall use - 117 S. 5t' Avenue I. REFERENCE(S): 1. Vicinity Map 2, Planning Commission Reports: Dated 3/18/10 and 4/15/10 3. Planning Commission Minutes: Dated 3118/10 and 4115/10 II. ACTION REQUESTED OF COUNCIL? STAFF RECOMMENDATIONS: 513: MOTION: I move to accept the Planning Commission recommendation to deny the rezone at 117 S. 5�' Avenue from C',-2 to C-1 for the operation of a dance hall. III. FISCAL IMPACT: NONE IV, HISTORY AND FACTS BRIEF: A. On March 18, and April 15, 2010, the Planning Commission conducted public hearings to determine whether or not to recommend a rezone at 117 S. 5,'Avenue for the operation of a dance hall. B. Following conduct ol'the public hearings, the Planning Commission concluded it would not be appropriate to recommend a change in zoning for the involved property. C. No written appeal of the Planning Commission's recommendation has been received. 10(a) Item: Rezone C-2 to G 1 Vicin 'ty Applicant: John Ziobro N Map File #: Z 10-001 �� � . 114 �• .. �./� !� � �'' ' ;A go - SITE -k A 4k 00 REPORT TO PLANNING COMMISSION MASTER FILE NO: Z 10-001 APPLICANT: John Ziobro HEARING DATE: 03/ 18/2010 1333 Columbia Park Trail ACTION DATE: 04/15/2010 Richland, WA 99352 BACKGROUND REQUEST: REZONE: Rezone from C-2 to C-1 to allow for Dance Hall Use 1. PROPERTY DESCRIPTION: Ley,al: Gerry's Add Lots 15 to 22, Blk. 17 General Location: 117 S 51h Avenue Property Size: Approximately .64 acres 2. ACCESS: The property has access from both North 5th Avenue and West Columbia Street. 3. UTILITIES: All utilities are available at the site. 4. LAND USE AND ZONING: The site is currently zoned C-2 (Central Business District) and is within the Central Business Overlay District. This district was designed to reduce "general public disorder, loitering, nuisance and other acts detrimental to the public image of the area." The site is occupied by a building. Surrounding properties are zoned and developed as follows: North: C-2 (Central Business District) South: I-1 (Light Industrial District) East: C-2 (Central Business District) West C-1 (Retail Business District) 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area for Commercial uses. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco has been the lead agency in issuing a Determination of Non-Significance (DNS) in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43.21(c) RCW. 1 ANALYSIS The property in question is located on the northeast corner of 51h Avenue and Columbia Street in the Gerry's Addition Subdivision which was platted in 1906. The subject property is zoned C-2 and within the Downtown Business Overlay District. A building on the property has been used as a car dealership, a commercial kitchen appliance retailer, and recently carved into small stalls to function as a type of mini-mall. The current owner has applied for and received a business license to hold small, private events such as birthday parties, quinceaneras, and receptions. The Applicant would like to change the use to a public dance hall. Dance halls are prohibited by the code in both the C-2 zone and the Overlay District. The purpose of the C-2 zone (PMC 25.44.010) is to promote a business atmosphere that reinforces a positive public image of the downtown area. The development of the C-2 zoning regulations in the late 1980's was part of a concerted community effort to combat the deleterious effects of certain businesses on the vitality of the CBD_ Prior to the adoption of the C-2 zoning regulations there was a concentration of businesses (dance halls, pool halls taverns etc) that fostered an environment that encouraged public loitering, public disorder, public nuisance and other acts that created a poor public image of downtown Pasco. The current C-2 regulations have been responsible for the reversal of the conditions that previously created detrimental conditions for encouraging businesses to locate in the Overlay District. Several years after the City Council adopted the C-2 regulations, the City Council added zoning regulation specifically for the downtown area in the form of the Central Business Overlay District (PMC 25.45). The Overlay District was enacted for the express purpose of eliminating "general public disorder, loitering, nuisance and other acts detrimental to the public image of the area." Rezoning the site to C-1 would open the door to various businesses to locate in the downtown area that could again foster the environment that leads to general public disorder. Dance halls, taverns and night clubs are all permitted uses in the C-1 zone. The concern over dance halls is apparently well-founded. A Pasco police report (attached) shows 17 calls for Police assistance at the neighboring Golden Nugget dance hall since January 2009. Anecdotally, a deadly assault occurred recently at a dance hall/nightclub several blocks away in a C-1 zone. The C-2 area is unique in the city in that buildings are often built to property lines without setbacks, and on-site parking is virtually nonexistent. For this reason the district is not conducive to large facilities for public assembly like auditoriums and dance halls. The subject building is about 18,000 square feet in size with very limited parking. An 18,000 square foot building used for public assembly would require 180 parking spaces. 2 The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria are list below as follows: 1. The changed conditions in the vicinity which warrant other or additional zoning: No changes have occurred in the neighborhood that would warrant a zoning change. As a result of implementation of the C-2 zoning regulations and other efforts the CBD is substantially a better neighborhood than it was in. the mid-1980's. Conditions and businesses that contributed to public disorder, loitering, nuisances and other acts detrimental to the public image of the area have largely been reduced. A change from. C-2 to C-1 would allow the opportunity for increased "general public disorder, loitering, nuisance and other acts detrimental to the public image of the area." 2. Facts to justify the change on the basis of advancing the public health, safety and general welfare: The facts indicate that a rezone from C-2 to C-1 would likely be detrimental to supporting "public health, safety and general welfare" by allowing uses that, according to evidence reviewed by the Planning Commission in 2001, contribute "to general public disorder, loitering, nuisance and other acts detrimental to the public image of the area.' 3. The effect it will have on the nature and value of adjoining property and the Comprehensive Plan: Evidence received by the Planning Commission during hearings that led to the enactment of the C-2 zoning regulations demonstrated that certain land uses inhibit new business growth, contribute to business loss and decline of property values, and/or perpetuate a public image which is undesirable or unattractive and detrimental to public and private investment in business property within the CBD. 4. The effect on the property owners if the request is not granted: The property owners would still be able to enjoy all uses currently available in the C-2 district/ Overlay District, which was the zoning at the time of purchase. S. The Comprehensive Plan land use designation for the property: The Comprehensive Plan designates the site for Commercial uses. 3 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 findings to this listing as the result of factual testimony and evidence submitted during the open record hearing, 1) The Comprehensive Plan designates the site for commercial uses. 2) The site is developed with a commercial building. 3) The site is zoned C-2 (Central Business District). 4) The site was zoned C-2 in January of 2006 when the Applicant purchased the property. 5) The purpose of the C-2 Zone, among other things, is to promote a business atmosphere that reinforces a positive public image of the downtown area. 6) To meet the purposes of the C-2 Zone the district regulations specifically prohibit certain uses such as membership clubs, taverns, billiard and pool halls, amusement game centers, dance halls and similar places. 7) The site is in the Central Business Overlay District. 8) The Central Business Overlay District was originally designed to address "general public disorder, loitering, nuisance and other acts detrimental to the public image of the area." 9) Pasco Police have reported 17 calls for Police assistance at the nearby Golden Nugget dance hall/nightclub since January 2009. 4 CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of a rezone, the Planning Commission must develop its conclusions from the findings of fact based upon the criteria Iisted in P.M.C. 25.88.060 and determine whether or not: (1) The proposal is in accordance with the goals and policies of the Comprehensive Plan. Introduction of a dance hall in the C-2 Zoning District would not be in accordance with the goals and policies of the Comprehensive Plan. The goals and policies of the Comprehensive Plan include a requirement to reduce "public disorder, loitering, nuisance and other acts detrimental to the public image of the downtown area" (Vol. II pp. 15-16 Comprehensive Plan). This provision has been translated into PMC Section 25.44.050, as follows: "Evidence received by the Planning Commission and contained in previous studies and Pasco Police Crime Reports demonstrate that certain uses make the Central Business District less desirable or attractive to the public due to a demonstrated history of contribution to general public disorder, loitering, nuisance and other acts detrimental to the public image of the area(including] . . . dance halls and similar places." (2) The effect of the proposal an the immediate vicinity will not be materially detrimental. Expanding the C-1 District into the established central core of the city would not further the purposes for the establishment of the C-2 district. Expansion of the C- 1 district would allow the introduction of a dance hall and other uses in the C-2 zoning district which have been determined by the community to be materially detrimental to the downtown area, according to "Evidence received by the Planning Commission and contained in previous studies and Pasco Police Crime Reports" and itemized in PMC Section 25.44.050. (3) There is merit and value in the proposal for the community as a whole. "Dance halls and similar places" have a "demonstrated history [of contributing to] general public disorder, loitering, nuisance and other acts detrimental to the public image of the area." To intro&ice that which has been found detrimental to the downtown. area would be counterproductive to instilling "merit and value"for the community as a whole. (4) Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. 5 The proposed rezone is not appropriate for the site. Conditions necessary to mitigate adverse impacts would essentially cause the rezone to mirror the permitted uses within the C-2 zone. (5) A concomitant agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A concomitant agreement is riot necessary because the rezone is not warranted. RECOMMENDATION MOTION: I move to close the hearing on the proposed rezone and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the April 15, 2009 meeting. 6 Item: Rezone C-2 to C- 1 Vicinity Applicant: John Ziobro Map File #. Z 10-001 0, IV 'or Ait 'R- / w,y- '� ♦- �� - / ti y J Ow .q SITE . Y l rrF+�3 � � �� � 4 • !f 14 Land Item: Rezone C-2 to Gl � Use Applicant: John Ziobro N Map File #: Z 10-001 C 01 . fixed Commercials SITE Industrial 's � Vacant Zoning Item: Rezone C-2 to GI Applicant: John Ziobro x Map File #: Z 10-0-01 Gil` C=2 R=2 CM1 Sol C=3 C=3 ;A \ C=3 ITE � G J Item: Rezone C-2 to C- 1 CBOD Applicant: John Ziobro N Map File #: Z 10-001 P'0'10 001 ill User:PDVORAK Pasco Police Department 031022010 45:26:26 CALL ID CALLCLASS CSDISPOS=T ACTDATE ACTTIME -9 TREE TNBR STREET 0900012 TL ASSAULT 01101/2009 00:00:00 0006 214 S 4TR AVE 0902602 TI DOMESTIC 01118/2009 00:00:00 0103 214 S 4TH AVE 0904281 IC AS/BAR 01/30/2009 00:00:00 2236 214 S 47H AVE 0909306 IC AS/BAR 03/06/2009 00:00:00 2331 214 S 4TH AVE 0910411 IC AS/BAP, 03/13/2009 00:00:00 2323 214 S 4TH AVE 0922247 TI A/FTSID 05/31/2009 CO:OC:00 1516 214 S 4T8 AVE 0924417 ZC AS/BAR 06/12/2009 00:00:00 2326 214 S 4TH AVE 0925718 :I MAI,/MISC 06/20/2009 00:00:00 2224 214 S 4TH AVE 0929965 _C 911HU 07/15/2009 00100:00 2315 214 S 4TH AVE 0935457 Tr- FIELD 08/16/2009 00:0000 0055 214 S 4TH AVE 0936538 IC AS/0TH 08/22/2009 00:00:00 1829 214 S 4TH AVE 0947537 IC CIVIL 10/3C/2009 00:00;00 1104 214 S 4TH AVE 0947763 IC SUBP/CIR 10/31/2009 00:OC:00 1531 214 S 4TH AVE 0954056 IC FIELD 12/1712009 00:00:00 1041 214 S 4TH AVE 0954440 TI AUTO/THE 12/20/2009 00:00:00 0056 214 S 4TH AVE 0954581 IC F.EC/STLN 12/21/2009 00:00:00 1212 214 S 4TH AVE 1006170 TI THEFT 02/14/2010 00:00:00 1639 214 S 4T.4 AVE CAFoxTrnp140.462... Pagel REPORT TO PLANNING COMMISSION MASTER FILE NO: Z 10-001 APPLICANT: John Ziobro HEARING DATE: 03/18/2010 1333 Columbia Park Trail ACTION DATE: 04/15/2010 Richland, WA 99352 BACKGROUND REQUEST: REZONE: Rezone from C-2 to C-1 to allow for dance hall use. 1. PROPERTY DESCRIPTION: Legal: Gerry's Add Lots 15 to 22, Blk. 17 General Location: 117 S. 5th Avenue Property Size.-, Approximately .64 acres 2. ACCESS: The property has access from both N. 501 Avenue and W. Columbia Street. 3. UTILITIES: All utilities are available at the site. 4. LAND USE AND ZONING: The site is currently zoned C-2 (Central Business District [CBD]) and is within the Central Business Overlay District. This district was designed to reduce "general public disorder, loitering, nuisance and other acts detrimental to the public image of the area." The site is occupied by a building. Surrounding properties are zoned and developed as follows: NORTH: C-2 - (Central Business District) SOUTH: I-1 - (Light Industrial District) EAST: C-2 - (Central Business District) WEST: C-1 - (Retail Business District) 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area for commercial uses. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco has been the lead agency in issuing a Determination of Non-Significance (DNS) in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43.21(c) RCW. ANALYSIS The property in question is located on the northeast corner of 5th Avenue and Columbia Street in the Gerry's Addition Subdivision which was platted in 1906. The subject property is zoned C-2 and within the Central Business Overlay District. A building on the property has been used as a car dealership, a commercial kitchen appliance retailer, and recently carved into small stalls to function as a type of mini-mall. The current owner has applied for and received a business license to hold small, private events such as birthday parties, quinceaneras, and receptions. The applicant would like to change the use to a public dance hall. Dance halls are prohibited by the code in both the C-2 zone and the Central Business Overlay District. The purpose of the C-2 zone (PMC 25.44.010) is to promote a business atmosphere that reinforces a positive public image of the downtown area. The development of the C-2 zoning regulations in the late 1980's was part of a concerted community effort to combat the deleterious effects of certain businesses on the vitality of the CBD. Prior to the adoption of the C-2 zoning regulations there was a concentration of businesses (dance halls, pool halls, taverns, etc) that fostered an environment that encouraged public loitering, public disorder, public nuisance and other acts that created a poor public image of downtown Pasco. The current C-2 regulations have been responsible for the reversal of the conditions that previously created detrimental conditions for encouraging businesses to locate in the Central Business Overlay District. Several years after the City Council adopted the C-2 regulations, the City Council added zoning regulation specifically for the downtown area in the form of the Central Business Overlay District (PMC 25.45). The Central Business Overlay District was enacted for the express purpose of eliminating "general public disorder, loitering, nuisance and other acts detrimental to the public image of the area." Rezoning the site to C-1 would open the door to various businesses to locate in the downtown area that could again foster the environment that leads to general public disorder. Dance halls, taverns and night clubs are all permitted uses in the C-1 zone. The concern over dance halls is apparently well-founded. A Pasco Police report (attached) shows 17 calls for Police assistance at the neighboring Golden Nugget dance hall since January l., 2009. Anecdotally, a deadly assault occurred recently at a dance hall/nightclub several blocks away in a C-1 zone. The C-2 area is unique in the city in that buildings are often built to property lines without setbacks, and on-site parking is virtually nonexistent. For this reason the district is not conducive to large facilities for public assembly like auditoriums and dance halls. The subject building is about 18,000 square feet 2 in size with very limited parking. An 18,000 square foot building used for public assembly would require 180 parking spaces. The attorney for the applicant has crafted a Concomitant Zoning Agreement with the following two conditions: a) The owner shall be restricted or otherwise precluded from operating a night club as defined by the Pasco Municipal Code. b) As a condition of issuance of a permit to operate a dance hall, the owner agrees to a restriction prohibiting serving alcohol during dance hall hours of operation. However, the proposed conditions do not negate the fact that the proposed use is a dance hall, and that, according to the aforementioned research, dance halls are listed as one of the uses that foster "general public disorder, loitering, nuisance and other acts detrimental to the public image of the area." 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: No changes have occurred in the neighborhood that would warrant a zoning change. As a result of implementation of the C-2 zoning regulations and other efforts the CBD is substantially a better neighborhood than it was in the mid- 1980's. Conditions and businesses that contributed to public disorder, loitering, nuisances and other acts detrimental to the public image of the area have largely been reduced. A change from C-2 to C-1 would allow the opportunity for increased "general public disorder, loitering, nuisance and other acts detrimental to the public image of the area." Although the applicant has agreed to operate a dance hall without serving alcoholic beverages, there is a high potential for loitering and its attendant adverse impact on the public image of the area. 21 Facts to justify the change on the basis of advancing the public health, safety and general welfare: The facts indicate that a rezone from C-2 to C-1 would likely be detrimental to supporting "public health, safety and general welfare" by allowing uses that, according to evidence reviewed by the Planning Commission in 2001, contribute "to general public disorder, loitering, nuisance and other acts detrimental to the public image of the area." 3) The effect it will have on the nature and value of adjoining property and the Comprehensive Flan: 3 Evidence received by the Planning Commission during hearings that led to the enactment of the C-2 zoning regulations in 1999 demonstrated that certain land uses inhibit new business growth, contribute to business loss and decline of property values, and/or perpetuate a public image which is undesirable or unattractive and detrimental to public and private investment in business property within the CBD. 4) The effect on the property owners if the request is not granted: The property owners would still be able to enjoy all uses currently available in the C-2 District/Central Business Overlay District, which was the zoning at the time of purchase. The C-2 zoning regulations were enacted in 1999. 5) The Comprehensive Plan land use designation for the property: The Comprehensive Plan designates the site for commercial uses, and refers to the C-2 zoning regulations enacted in 1999. 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 findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1) The Comprehensive Plan designates the site for commercial uses. 2) The site is developed with a commercial building. 3) The site is zoned C-2 (Central Business District), and permits the following uses; a. Artist and office supplies; b. Bakeries; c. Banks and financial institutions; d. Barber and beauty shops; e. Bookstores, except adult bookstores; f. Clothing, shoes and accessories, and costume rentals; g. Crafts, stationary and gift shops; h. Department stores; i. Fresh and frozen meats, including seafood; j. Florists; k. Furniture and home appliance stores; 1. Galleries for art and restored or refinished antiques; m. Hardware and home improvement stores; n. Import shops; 4 o. Jewelry and gem shops, including custom work; p. Offices for medical and professional services; q. Restaurants, sandwich shops, cafeterias and delicatessens; r. Sporting goods; s. Tailoring and seamstress shops; t. Theaters for movies and performances, except adult theaters; u. Public markets for fresh produce and craft work; v. Parking lots; w. Micro-breweries and micro-wineries; x. Research, development and assembly facilities for component devices and equipment of an electrical, electronic or electromagnetic nature; and y. Home brewing and/or wine making equipment sales. (Ord. 3354 Sec. 2, 1999.) 4) When the applicant purchased the property in January of 2006 the site was zoned C-2. 5) The purpose of the C-2 zone, among other things, is to promote a business atmosphere that reinforces a positive public image of the downtown area. 6) To meet the purposes of the C-2 zone the district regulations specifically prohibit these uses: a. Gasoline and service stations, automobile services or repair, except tire stores; b. Outdoor storage of goods or materials; c. Membership clubs; d. Taverns; e. Billiard and pool halls; f. Amusement game centers; g. Pawn shops; h. Card rooms, bingo parlors, dance halls and similar places; i. Adult theaters, adult bookstores, tattoo parlors, bathhouses and massage parlors; j. Community service facilities level two k. Secondhand dealers. Similar or like uses although not specifically listed are also prohibited; and 1. Adult Business Facilities. (Ord. 3514 Sec. 6, 2001; Ord. 3354 Sec. 2, 1999.) 7) The site is in the Central Business Overlay District. 8) The Central Business Overlay District was originally designed to address "general public disorder, loitering, nuisance and other acts detrimental to the public image of the area." CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT 5 Before recommending approval or denial of a rezone, the Planning Commission must develop its conclusions from. the findings of fact based upon the criteria listed in P.M.C. 25.88.060 and determine whether or not: 1) The proposal is in accordance with the goals and policies of the Comprehensive Plan. Introduction of a dance hall in the C-2 Zoning District would not be in accordance with the goals and policies of the Comprehensive Plan. The goals and policies of the Comprehensive Plan include a requirement to reduce "public disorder, loitering, nuisance and other acts detrimental to the public image of the downtown area" (Vol. II, pp. 15-16, Comprehensive Plan). This provision has been translated into PMC Section 25.44.050, as follows: "Evidence received by the Planning Commission and contained in previous studies and Pasco Police Crime Reports demonstrate that certain uses make the Central Business District less desirable or attractive to the public due to a demonstrated history of contribution to general public disorder, loitering, nuisance and other acts detrimental to the public image of the area [including] dance halls and similar places." 2) The effect of the proposal on the immediate vicinity will not be materially detrimental. Expanding the C-1 District into the established central core of the city would not further the purposes for the establishment of the C-2 District. Expansion of the C-1 District even as conditioned by the owner, would allow the introduction of a dance hail which have been determined by the community to be materially detrimental to the downtown area, according to "Evidence received by the Planning Commission and contained in previous studies and Pasco Police Crime Reports" and itemized in PMC Section 25.44.050. 3) There is merit and value in the proposal for the community as a whole. "Dance halls and similar places" have a "demonstrated history [of contributing to] general public disorder, loitering, nuisance and other acts detrimental to the public image of the area (PMC 25.44.050)." To introduce that which has been found detrimental to the downtown area would be counterproductive to instilling "merit and value" for the community as a whole. 4) Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. The proposed rezone is not appropriate for the site. Conditions necessary or as proposed by the owner do not change the fundamental nature of dance halls. 6 Dance halls still generate large attendance at specific times and have a high potential to encourage loitering. 5) A concomitant agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A concomitant agreement is not necessary because the rezone is not warranted. RECOMMENDATION MOTION for Findings of Fact: I move the Planning Commission adopt the Findings of Fact as contained in the March 18, 2010 staff report. MOTION for Recommendation: I move, based on the Findings of Fact as adopted, the Planning Commission recommend the City Council deny a rezone of the property at 117 South 5th Avenue from C-2 to C-1 to allow for dance hall use. 7 Item: Rezone C-2 to C- 1 Vicinity Applicant: John Ziobro N Map File #: Z 10-00 1 low �s ITO Al, �G • t • SITE Land Item: Rezone C-2 to C- 1 � Use Applicant John Ziobro -U- Ma File #: Z 100-001 � fixed \ � Commercial m \ 1 SITE Industrial ��� �� Vacant Zoning Item: Rezone C-2 to C- 1 Applicant: John Ziobro x Map File #: Z 10-001 G�PR ` R-2 C-2 0 �G C-1 y ks st 4 C-3 � � Tk � C-3 �G C=3 � �o�.v�`��PS� SITE q .a Item: Rezone C-2 to C- 1 CBOD Ap licant: John Ziobro Map File Z 10-001 MATA ea VA �%gge d r Telquist Ziobro McMillen Attorneys at Law April 1, 2010 Rick White City of Pasco Planning Department 2nd Floor 525 North 3rd Avenue Pasco, WA 99301 Re: Change of Zone Application Owner: Delia Hernandez Property Location: l I? South 5th Avenue City File No.: Z 10-001 Our File No.: 09-203 Dear Rick: I am following up the Planning Commission meeting and your call related to the above- referenced Application. You indicated that you were looking for follow-up on the representations made before the Planning Commission. I am enclosing a draft Concomitant Zoning Agreement, following the form used by the City of Pasco,which places specific restrictions on the property. The City is welcome to propose additional restrictions to go within that Agreement. With regard to specific commitments Ms. Hernandez is willing to make,these include: I. Limited days of week of operation to Fridays and Saturdays. 2. Hours of operation: 8:00 p.m.to 1:00 p.m. 3. No alcohol will be served at the dance hall. 4. Ms. Hernandez will agree to a Concomitant Zoning Agreement that prohibits the conversion of the dance hail to a night club. 5. Her business will refuse admission to any person under the influence of alcohol. b. She has a verbal agreement from neighboring property owner identified on the map I have attached. We will try to secure a written agreement prior to the next hearing. 7. She will maintain a minimum of four security people,one at each door. This would be her minimum staffing. She anticipates having as many as six people for security. George E. Telquist • John S. Ziobro • Robert G. McMillen 1333 Columbia Park Trail,Suite 110 • Richland,WA 99352 (509)737-8500 • Toll Free (877)789-t.AW1 * fax(509)737-9500 • www.tzmlaw.com Page 2 of 2 To,Rick White Our Hite No.09203 Dale:April 1,2010 Ms. Hernandez has During the Planning Commission meeting or during staff comments, some concern was expressed with regard to changes in ownership of the building. Ms, Hernandez has three children between the age of 19 and 24 that may become involved in the business or succeed her in operation of the business. She may form a limited Iiability company for purposes of managing her various business entities. If she did so, she would name her children as members. At the present time, however, she is a sole proprietor. She would like some recognition from the City that in the event she became incapacitated, her children could take over the business without any changes in restrictions that would be imposed if her change of zone is approved. If you need any additional information, please let me know. Sincerely, TELQUIST,Z]OBRO & MCMILLEN,PLLC OHN S. 1013Ro Enclosures ISUjr cc. Delia Hernandez(w/enc.) George E. Teiquist • John S. Ziobro • Robert G. McMillen 1333 Columbia Park Trail, Suite 110 • Richland,WA 99352 (509)737-8500 • Toll Free(877)789-LAW1 ' Fax(509) 737-9500 • wvnv.tzmlaw.com CONCOMITANT ZONING AGREEMENT The City of Pasco,Washington, a non-charter City,under the laws of the State of Washington (Chapter 35A.63, RCW and Article 11, Section 11 of the Washington State Constitution) has authority to enact laws and enter into agreements to promote the health, safety, and welfare of its citizens, and thereby control the use and development of property within its jurisdiction; and WHEREAS,the owner of certain property has applied for a rezone of such property described below within the City's jurisdiction; and WHEREAS, the City, pursuant to RCW 43.12(c), the State Environmental Act, should mitigate any adverse impacts which might result because of the proposed rezone, and WHEREAS, the City of Pasco and the owners are both interested in compliance with the Pasco Municipal Code provisions relating to the use and development of property situated in the City of Pasco, described as follows; GERRY'S ADD., LOTS 15-22,BLOCK 17 WHEREAS, the owner has indicated a willingness to cooperate with the City of Pasco, its Planning Commission and Planning Department to ensure compliance with the Pasco Zoning Code, and all other local, state, and federal laws relating to the use and development of the above-described property; WHEREAS, local governmental may enter into a development agreement with a person having ownership or control of real property within its jurisdiction pursuant to RCW 36,70B.170; and WHEREAS, the City, in addition to civil and criminal sanctions available by law, desires to enforce the rights and interests of the public by this Concomitant Zoning Agreement; NOW, THEREFORE, In the event the above-described property if rezoned by the City of Pasco from C-2 to C- 1, and in consideration if that event should occur, and subject to the terms and conditions hereinafter stated, the applicant does hereby covenant and agree as follows: 1. The owner promises to comply with all of the terms of the Agreement in the event the City, as full consideration herein, grants a rezone on the above-described property. 2. The owner agrees to perform the terms set forth in Section 4 of this Agreement. Concomitant Zoning Agreement Page 1 of 2 3. This Agreement shall be binding on the heirs, assigns, grantees, or successors in interest of the owner of the property herein described. 4. Conditions: a) The owner shall be restricted or otherwise precluded from operating a night club as defined by the Pasco Municipal Code. b) As a condition of issuance of a permit to operate a dance hall, the owner agrees to a restriction prohibiting serving alcohol during dance hall hours of operation. 5. Legal Descrij2tzon. GERRY'S ADD.,LOTS 15-22, BLOCK 17. The person whose names are subscribed herein do hereby certify that they are the sole holders of fee simple interest in the above-described property: OWNER: DELIA HERNANDEZ SUBSCRIBED AND SWORN to before me this day of , 2010. NOTARY PUBLIC in and for the State of Washington,residing at: My Conunission Expires: Concomitant Zoning Agreement Page 2 of 2 April 14, 2010 Subject: Letter of Recommendation/Delia Hernandez To Whom It May Concern: As the ecclesiastical leader for Delia Hernandez, it is my privilege to express my support for Delia and the family business located in the city of Pasco. Having been acquainted with Delia and her sons and daughters, I have been extremely impressed with the dedication and hard work that she continually exhibits: As a single mother, she sets an example of care and concern, not only within her family, but also for her many friends that she has developed in the community. She continually strives to serve others and give of herself for the betterment of all those around her. An important trait that Delia possesses is that of honesty, an attribute that is sorely needed in today's business environment.The opportunity to have an individual such as her participating in the growth of the City of Pasco is something to be encouraged and further integrated into the Pasco business community. Delia has been very giving of her time and has opened her business to speak to youth groups about her experiences as an entrepreneur. She has taken the time to explain to the youth what it takes to develop and grow a business from scratch. She gave them a glimpse through the window of a business owner of what can be accomplished with a vision and hard work. I would encourage you to objectively consider her petition as she seeks to continue in building her business and growing her relationship with the citizens of Pasco and the surrounding community. Sincerely, Bishop Brent E. Westover 313 W. 45th Avenue Kennewick, WA 99337 509-585-3767 STERLING SAVINGS BANK STERLING LauTa Valdez SAVINGS BANK Area Manager 2801 Duportait Street Richland, WA 99352 509-628-0968 Fax: 509-628-0978 Kennewick`n-Store 509-582-7118 Cell: 509-366-6616 Laura.valdezCasterdn9savings.com Laura Valdez Sterling Savings Sank Branch Manager 2801 Duportail Street Richland, Wel 95 352 RE: Delia Hernande. I BA Prorna loner Daisy To Whom It May Concern: I have known Delia Hernandez for the past several years. She has been banking at my F'inalrcial lrrstitiltiotr for many years, Delia has displayed a high degree of integrity and ambition. She has been in business for the past several years and is very success ill. l have no doubt in my mind she will continue to be successful in her business. She is also a very honest person, She uses goad judgment and has a mature outlook to ensure a logical and practical approach to her endeavors, I am happy to give Delia Bern andezlProlrmociones Daisy my wholehearted endorsement. sincerely, Largo ✓rlldEyz 509-366.6X1.16 28 0 1 D U P O R T A I L S T R E E T F, I CH LAN ❑ , WA 99 3 52 - 9 1 0 7 P H ❑ N E : 5 0 9 -6 2 B- 0 9 6 3 FAX : 509 - 6 28 - 097a i STERLING 1 SAVINGS BANK F:-_ April 15, 2010 m a RE: Delia Hernandez 114 S 5th Ave Pasco, WA 99301 To Whom It May Concern: Delia Hernandez has been a valued custon-?�-r of' Sterling Savings Bank since 2001 . During her time with us she has proven to be an honest person who values her community. We are pleased to have had such a long standing relationship. Delia is trying to get approval to open a dance club for the community that does not serve alcohol. Delia has had a restaurant for several years and has chosen not to serve alcohol. I think this new business opportunity should be approved for the betterment of the community. We need to strongly support a successful Women owned business that serves the needs of her community. Please feel free to call me if you have any questions. Sincerely, Cindi Wilcox Assistant Manager 1 204 N . 20TH PASCO , WA 9930 1 -4052 PHONE ( 509) 545- 5000 FAX ( 509 ) 547-5275 04/12/2010 To whom it may concern: Re: Delia Hernandez I have had the pleasure in knowing Delia now for 5 years. During those years I have seen the good works that she has done, especially in the Pasco area. She has started her own business where she is able to help all that grace her doors. As word of her store, her hard work and her passion to help everyone got out she has had to expand. She now owns a place where children and young adults can sing, dance, and eat while adults and parents alike can have peace of mind that all is well. I firmly believe that Delia has helped in bridging the gap that lies within our communities where the migrant workers live and work along side everyone else. That to me speaks volumes of her passion to better the community she lives in, the area she works in, as well as herself and all that know her. Sincerely, �I ana Lowe Kennewick, WA S NNER DANK 4112/10 To Whom It May Conce:n: Delia Hernandez ho�been a good batik customer for over four years now, All of her accounts have pai(-as agreed she-works with the bank quickly aid efficiently if we have any requests. I have been D:lia's account officer for several years and Delia seems to operate her business in a manner that profitable for her and the community. She provides a wide array of sent ices and specializes in the specific needs in her community. It is my opinion Delia is an example of a successful Women f Minority owned business that caters to the needs of i.er coommunhy and the corranunity is better because of it. My name is ill Tlziemens and I a.n an employee at Banner Same, qi Thieniens Commercial LoarL Officer i i ! 8203 W. Q'.Iinault,finite 509 - KennoK ick,WA 99338 609-736-9800 • Fax 509.735.0826 , www.barmerbanktoyn L' R Member FDIC,Egaal Housing Lender I at Estate,Inc. i is Key i � '1'a whom it may eancrrnr , DCBP ST. I tun pltaacd to write this letter on bahalf k)f'Mra.1*13a Heraandez and tall you a alwtu her c:tataeter and her great atreagtb au a busiucas person. I pcsaon.ally knave Mra.Hervandcz fvrse•reral years!.11t these past aavctrdl y we bava daue bwikinws together aw as a xv dtor in The trkity area and her as it buyer.I had tle opportunity to sell hw property for ber b)a;,hesa located on 5th ave.about 5 yarn ago or so,sinm Thom I bad the i ehince to kuv w,her more raotaal!.y ar well she is a goi.�tg church perettn wee also attend to same building far i;h h services l can say that'I Jear"d to know mare about her spiritual side i D&wg all tbeso past 5 years she hna vwationcd her desire to convert the building into a gather ag place to have healthy enUvWn,-Went for tlse citizen,of the uva wbxm alcob,ol is gat ui,Yoivad, Sbe sees the need to have z plant:where people will gatbzr gas a family to eeleb>g and dance to sneoW accoaiotis ducats like birthdays, weddings,and rimer rrliglous aelebmAow-os well.I can t4l you site is good person With a good beart sari good and vroiadm l intentions. ; She contia wb to kcvp her dream alive and I only,v6sh y"r,=help her azbkvv it,I am at your smriov fir any gtusdo-L i . i • � 3 tI ' l i rJ:�:4SlRh, i ltubat MUtSittee 5K Rear Estate inc I 'r i I � I, 7 � I • � I i � 1 _...., ... �..,........ rage i aF i TO WHOM IT MAY CONCERN I have known Delia Hernandez for the past couple of years, during this period f learned she is a Honest, hard working business woman. Dedicated mother and well known and care by the community for her constant effort to assist those in need Despite she has a successful business down town Pasco she offers in their place assistance to the Latino population she contribute vVith Locals to celebrate Christmas, Thanksgiving,b de Mayo, Mother's day among other mayor holidays. mo/via x Salinas 7'M 5igue Corp Fas?err, W4 and XD 425-65Z 2715 http://col 22w.co1122.mail,live.com/maiUinboxLight.aspx?FolderlD=00000000-0000-0000.,. 4/1512010 EL SALON SANTA CRUZ NECEClTA FIRMAS PARA PEDIR ALA CIUDAD DE PASCO OUE ACEPTE CAMBIAR LA SONG Y PERMITIRNOS ACER BAILEE PUBLICOS YA CUE CONTAMOS CON TODOS LOS CODIGOS Y EL UNICO PROBLEM► ES LA SOMA 10 Jk� ton,jc= r- L 1. . n • Aro, - Y s gm V r `+ g t eh f tez ..,:} EL SALON SANTA CRUZ NECECITA FIR AS PARR PEDIR ALA C I U DAD DE PASCO QUE ACEPTE CA BIAR LA SOMA Y PERMITIR OS ACER 'BAILES PUBLICOS YA QUE CONTAMOS CON TOWS LOS COCICOS Y EL UNICO PROBLEM, ES LA SO NA r ' J f f f ot r rn _ . v,, } +44 EL SALON SANTA CRUZ NECECITA EIRMAS PARA PEDIR ALA CIUDAD DE PASCO QUE ACEPTE CAMBIAR LA SONA Y PERMITIRNOS ACER BAILES PUBLICOS YA QUE CONTAMOS CON TODOS LOS CODIGOS Y EL UNICO PROBLEM ES LA BONA -.'of A (. ry Er r �'' ,cep i«l.>� �/�•-J�.�, -nt.e,r_:-7` r; .� ,. 'a i r f sJli F. L� �' Cl.t f�r• C't $'a r ", EL SALON SANTA CRUZ NECECITA FIRMAS PARA PEDIR ALA CI U DAD DE PASCO QUE ACEPTE OAMBIAR LA SOMA Y PERMITIR OS ACER BAILES PUBLICOS YA QUE CONTAMOS CON TOWS LOS CODIGOS Y EL UNICO PROBLEM ES LA SOMA I n y• f• 9X / ry r , f _ 4 ♦1 t ^ r7 Y r `� 77=,7777- 77 EL SALON SANTA CRUZ ECECITA FI MAS PA RA PEDIR ALA CIUDAD DEPASCO QUE ACED 'E CAMBIAR LA NA ■S/ PERMITIRNOS ACER BAILEE PUBLI COS YA QU E C V TA OS CON TODOS LOS CODIGOS Y EL UNICO PROBLE A ES i t U�WMA •R'{ Y1r . • .5 d."`+^. #s L:KygG},.F sy'. k•S4-m.'7 .`i d }R Y. 10•j-Q ° y*sY4� f + Y ~~ K • c EL SALON SANTA CRUZ NECECITA EIRMAS PARA PEDIR ALA CIUDAD DE PASCO QUE ACEPTE CAMBIAR LA SONA Y PERMIT!RNOS ACER BAI LES PUBLICOS YA QUE CONTAMOS CON TODOS LOS CODIGOS Y EL UNICO PROBLEM ES LA'ZONA - -1. IAO f - bed- ° J°2®' EL SALON SANTA CRUZ NECECITA FIRMAS PA RA PEDIR ALA CIUDAD DE PASCO QUE ACEPTE CAMBIAR LA SONA Y PERMITIRNOS ACER BAILES PUBLICOS YA QUE CONTAMOS CON TODOS LOS CODIGOS Y EL UNICO PROBLEM ES LA SONA a J�ji• "'I qtr -'ll Irl��.rc_�Tr•�r�� ��a�.�1,r�6.M.r�I.(�( rz :. r tl Olt1 e'- :u t f e 1. C , . exal 4, t r c h L'1t' a '.�:' f Fir° ♦ 4 N f' ` r.. $ C } 5 Yr t 1' wa ` � J EL SALON SAN-TA CRDZ NECECITA FIRM AS, PARA PEDIR ALA CIUDAD DE PASCO QUE ACEPTE CAMBIAR LA SONA Y PERMIT1RNOS ACER BAILES PUBLICOS YA QUE CONTAMOS CON TODOS LOS CODIOOS Y EL UNICO PROSLEMA ES A SONA {' F-jr i ed 04 z :r• .Y y C ` I . 4 EL SALON SANTA CRUZ NECECITA EIRMAS 'PARR PEDIR ALA CIDDAD DE PASCO QUE ACEPTE CAMBIAR LA SOMA °Y PERMIT'IR.NOS ACER BAILES PUBLICOS YA QUE CONTAMO•S CON TODOS LOS CO•DIGOS Y EL DNICO PROBLEMA ES ;tA SOMA sue,"•,~,�i' { ! �rM ;�r.,'e .•� � ' G 1 '�7 {'* �• k it � � � '� ,t r Lam' s !' "'z .� r3 pr �"��'�°.�=4_g�".�¢'�"R _ f_.s:_ .J •�Tir -3 �`-i:�. �.r'�y�:. ���-X r�+_�1—`3' of k' _- - EL SALON SANTA CRUZ NECECITA EIRMAS PARA PEDIR .ALA CIUDAD DE PASCO QUE ACEPTE CAMBIAR LA SONA Y PERMITIRNOS ACER BAIL.ES PUBLICOS YA QUE CONTAMOS CON TODOS x LOS CODICOS Y EL UNICO PROBLEMA ES LA SONA 1 ag Fram:Community First Bank 509 783 4705 U4112,'2010 17.28 #188 P.0011001 April 12, 2010 RE: Bank 1•t:•comtucndation Letter Delia Hernandez 114 S _5"Arse Pasco, WA 99301 To Whom It May Concern. Delia Hernandez ha bred a customer of Community first Bank since Axigu.t 2001. During that time she has maintained a.loan relationship with our bank that has been handled as agreed. We currently have mie outstanding loan to Delia Hernandez- The haul:.has granted a couple of luatis to this, borrower and all have paid as agreed. In conclusion, Delia flernandez is considered to be a valued business customer of Community First Bank. Please feel free to give me a call should you require any additional information. Sincerely, Frank Apodaca Commercial loan Officer Planning Commission Minutes 3/ 18/2010 A. REZONE Rezone C-2 to C-1 (Zlobrol 1117 S. 5th Avenue (MF# Z 10-001) Chairman Samuel read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, stated the property in question was located on the northeast corner of Columbia and 5th Avenue. The history and purpose of the C-2 zone was explained along with the fact the zone does not have off-street parking requirements. The uses allowed in the C- 1 zone cause the need for significant parking depending on the building size. It was estimated that a building the size (18,000 sq. feet) of the applicant's would generate the need for 180 parking stalls. Mr. White reviewed the rezone criteria provided in PMC 25.88 for the benefit of the Planning Commission and explained staff could not determine that there were changed conditions in the neighborhood that would warrant approval of the rezone request. Additionally staff could not establish any facts to justify the proposed rezone on the bases of advancing the health and welfare of the community. Relying on the significant work that was done in establishing the C-2 zoning district in the late 1980's, staff also concluded that the regulations demonstrate that certain land uses are in fact an inhibiting factor to business growth in the area which was in turn the reason for the establishment of the C-2 zone. Finally the Comprehensive Plan designation was reviewed and it was pointed out that the applicant purchased the property with the C-2 designation. John Ziobro, 1333 Columbia Park Trail, Suite 110, Richland, WA 99352, was present to represent the applicant, Ms. Hernandez. Dalia Hernandez, 407 E. 4th Avenue, Kennewick, WA stated she was requesting a rezone, but did not want to include the whole building. Ms. Hernandez explained here back ground and business experience in the downtown area. She has a license for a reception hall and in the front of the business she owns she would like to open an alcohol free dance hall for you people. She explained there was not a good place for young people to go for dancing. Ms Hernandez also explained the improvements she made to the building to accommodate receptions and private parties. The improvements included fire sprinklers and separation walls. Ms Hernandez expressed the frustration she felt in dealing with the requirements for the sprinklers and separation walls. Ms Hernandez explained she received signatures from neighboring businesses in support her request for the rezone to allow a dance hall for young people. She has not had any problems with the police. She concluded by stated she was an example to the neighborhood. 1 Chairman Samuel asked Ms. Hernandez about the number of people that would attend dances and where would they park. Ms. Hernandez stated there was on-street parking available and she owns the building directly across the street where parking is available. She also had permission from a neighboring business for the use of a parking area. Chairman Samuel asked if she felt they had sufficient parking. Ms. Hernandez stated yes. Chairman Samuel asked a number of questions about the dances. Ms. Hernandez responded by stating dances would be held once a week on Saturdays from 8:00 pm to 1 :00 A.M. Chairman Samuel explained the staff report stated there are similar facilities in the surrounding area that have a lot of police calls and asked Ms. Hernandez what would make her facility different. Ms. Hernandez stated she would not serve alcohol like the dance hall on 13t Avenue. Commissioner Little asked Ms. Hernandez to speak on security and how she would deal with people who had too much alcohol or other substances. Ms. Hernandez stated at her reception hall she has 4 security officers and she also monitors the business. If she notices people who have been drinking she asks them to leave. She is willing to follow any rules set by the City. Chairman Samuel asked how many parking spaces were available. Ms. Hernandez stated more than 80. John Ziobro stated Ms. Hernandez embodied the spirit of the small business owner and entrepreneur. He stated by the time she came to him for help she had spent $200,000 making improvements to the building including the installation of a fire wall, reinstallation of the water line and electrical work. They have not had any police calls related to her business. He stated they are bordering on C-1 and would like to be a C-l. He mentioned the Golden Nugget and their parking area; as well as the Out-N-About nightclub. The Comprehensive Plan policies he focused on dealt with striving to stimulate business. Mr, Ziobro pointed out the applicant owns a neighboring building with available for parking that will address the parking needs. The applicant is committed to having a non-alcohol dance club; therefore, general public disorder would be eliminated. He mentioned that the evidence in the record on police calls to nearby properties may be misleading. He pointed out a FTSID 2 (Fail to stop and ID) which is an accident, not a night club related incident. A MALMISCH (Malicious mischief or destruction of property) which was related to an auto incident and some are just field contacts. He stated in looking at the staff report and the Planning Commission might deny the application due to the list staff has created with the calls for services which just have codes and don't tell what happened. He requested the application be remand to staff to make full disclosure on the police reports. With respect to parking needs Mr. Ziobro stated the applicant has approximately 40 on-site parking spaces and 15 more across the street. It was also pointed out the reception hall had not created any problems with noise, parking, alcohol or disturbances indicating the applicant was a responsible business owner. Chairman Samuel asked Mr. Ziobro to restate his argument on the zoning, The chairman was concerned about what would happen to the facility if the owner sold it to another party. Mr. Ziobro suggested a development agreement would address the issue. The agreement could be recorded and run with the land. Chairman Samuel asked what the plan was for managing public safety. Mr. Ziobro stated they did not have that level of detail but it could be a condition of the business license. Chairman Samuel opened the public hearing. Josie Lopez, 2114 Van Giesen, Richland, WA stated she was in favor of the applicant providing a place where youth can get together. Mr. White stated the hearing may be continued for staff to explore additional evidence and meet with the applicant. Commissioner Anderson stated he was torn on the proposal due to his experience with the Police Department in the past. He mentioned there were teen aged clubs with no alcohol back then and the Police were still called to break up fights and disagreements. He understood the applicants desire to provide a safe place however this was not the right location due to the proximity to alcohol serving businesses in the neighborhood. Commissioner Cruz stated he would like to remand the matter to staff to address the issues. He stated the staff report did not represent the applicants intended plans were. Commissioner Little stated he would like to remand the item for staff and the applicant to work things out. 3 Commissioner Hay mentioned the history of the location and would like to remand this to staff. Commissioner Anderson further stated once the door opens it would be hard to close. Chairman Samuel stated he has been a Tri-City resident since 1982 and Pasco is a very different place than it was back then. He was very hesitant to make a change in zoning. Commissioner Little moved, seconded by Commissioner Hay, to close the hearing on the proposed rezone and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the April 15, 2010 meeting. The motion passed with one opposing vote from Commissioner Anderson. 4 Planning Commission Minutes 4/15/2010 A. REZONE Rezone C-2 to C-1 IZiobrol (117 S. 51h Avenue) (MF# Z 10-0011 Chairman Samuel read the master file number and asked for clarifying comments from staff. Rick White, Community & Economic Development Director, stated the item was a carryover from the March meeting application and as the Planning Commission had asked for additional information, staff asked that the hearing be reopened. Chairman Samuel asked for a summation of the new information within the report Mr. White briefly explained the rezone request, the location of the site in question and re-explained the purpose of the C-2 zoning regulations. Mr. White explained the applicant's attorney had submitted a proposed concomitant agreement as a result of discussion at the initial hearing in March. The proposed agreement contained two conditions; one precluding the operation of a night club and the other prohibiting alcohol use during dance hall hours of operation. Mr. White explained that the staff review of the rezone criteria had not changed from what was provided to the Planning Commission during the March hearing despite the submittal of the proposed concomitant agreement. The staff conclusions and recommendation remained unchanged from the previous meeting. John Ziobro, 1333 Columbia Park Trail, Suite 110, Richland, WA 99352, representing the applicant, Ms. Hernandez, provided some follow up comments on the Staff Report. Ms. Hernandez was proposing to use only 8,000 square feet of her building for the dance hall; not 18,000 square feet. Therefore the parking should be evaluated on the 8,000 square feet. Chairman Samuel asked if the building was 18,000 square with the dance hall portion only being 8,000 square feet.. Mr. Ziobro stated the Chairman was correct. Mr. Ziobro explained Ms. Hernandez had secured verbal agreement from an adjacent business owner for additional parking. 1 Mr_ Ziobro encouraged the Planning Commission to give no weight to police reports and old reports dealing with conditions in the downtown area, Following additional discussion Mr. White explained the Police Reports presented at the March hearing were not attached in staff report. Mr. Ziobro provided the Planning Commission with five letters in support of Ms. Hernandez's personal and business character. A petition of support from nearby business owners was also provided. Delia Hernandez, 407 E, 4th Avenue, Kennewick, stated she received a lot of support from the community after the last hearing and wants to develop a fun place for young people. Chairman Samuel opened the hearing for public comment Delia Tabon, 419 East Bruno Place Kennewick, supported the dance hall as a place where young people can participate in their culture without drinking. Elizabeth Tabon, 1316 West Yakima Street supported the dance hall facility rezone without alcohol, Ramora Castro, 5120 Robert Wayne Drive, spoke of integrity, pride and the character of Ms. Hernandez. John Ziobro stated he wanted the record to reflect there were about 50 additional parking spaces available on nearby sites. Chairman Samuel stated the applicant had requested more information on the police reports of crime activity at nearby businesses. Rick White explained the applicant claimed the reports were not detailed and not relevant, hence they had been removed from the staff report. Chairman Samuel closed the hearing. Commissioner Joe Cruz stated he appreciated staff's concern about preserving positive changes seen in the downtown area; however, he did not think the Commission had done the applicant justice. The matter needed to be returned to staff. Commissioner Andy Anderson stated the Applicant knew the property was zoned C-2 when it was purchased. The C-2 Zone was created for a specific purpose and the property is part of the Central Business District. Allowing a dance hall on the property would not be consistent with zoning. Commissioner James Hay stated he could only support the rezone was with a time limit. 2 Commissioner Joe Cruz agreed with the idea of a time limit. Chairman Samuel thanked Ms. Hernandez for her support of the business community. The Chairman then explained that numerous times in the past 25 years the Planning Commission and the City Council had discussed what type of zoning would be appropriate for the downtown area. The policy that has been in place since the 1980's has specifically prohibited businesses like the applicant's proposed dance hall. Evidence and testimony has repeatedly indicated certain businesses contribute to the contribution of general disorder and are detrimental to the public image of the area. The chairman stated he agreed with the staff and urged the Planning Commission to vote no on the rezone. Commissioner Anderson moved, seconded by Commissioner Kempf, to adopt findings of fact and conclusions therefrom as contained in the staff report. The motion passed with dissenting votes from Commissioner Hay and Commissioner Cruz. Commissioner Anderson moved, seconded by Commissioner Kempf, based on the Findings of Fact as adopted, the Planning Commission recommend the City Council deny a rezone of the property at 117 South 5th Avenue from C-2 to C-1 to allover for dance hall use. The motion passed with dissenting votes from Commissioner Hay and Commissioner Cruz. Staff explained the appeal process for the benefit of the audience. 3 AGENDA REPORT FOR: City Council April 26, 2010 TO: Gary Crutchfield, i ager Regular Mtg.: 5/3/10 Rick White, I Community& Econ mic Development Director FROM: David I. McDonald, City Planner SUBJECT: DEDICATION DEED: MF#INFO 10-030 Dedicatin the northeast corner of Oregon Ave and East Lewis St. (Benjamin Lee) I. REFERENCE(S): 1. Vicinity Map 2. Right-of-Way Dedication Deed 11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 513: MOTION: I move to accept the dedication deed from Benjamin Lee for additional right-of-way at the northeast corner of Oregon Avenue and East Lewis Street. 111, FISCAL IMPACT None IV. IIISTORY AND FACTS BRIEF: A. Benjamin Lee is in the process of constructing a new convenience store at the northeast corner of Oregon Avenue and East Lewis Street, Mr. Lee's property has not previously provided right-of-way for the radius typically needed at street intersections. As a part of the current construction project Mr. Lee was required to provide right-of-way for the street radius. B. The attached dedication deed provides the necessary right-of-way to ensure street and sidewalk improvements at the northeast corner of Oregon Avenue and East Lewis Street are contained within public right-of-way. ia(b) Vicinity Item: Dedication Deed - ROW Map Applicant: Benjaminn Lee File #: fNFO 10-030 Imp. 1 w: r w, Vii, • � �• � ,`� f r IT • Area to be ---- D After Recording,Return To: City of Pasco, Washington Attn: City Planner 525 North 3`d Pasco, WA 99301 DEDICATION DEED Tax Parcel No. 112-081-337 THE GRANTOR(S), Benjamin Lee, by donation pursuant to RCW 35A.79.010,dedicates, conveys and quit claims to the GRANTEE,THE CITY OF PASCO, a Municipal Corporation of the State of Washington,forthe public use,as a public right-of--way, all interest in the land described as follows: That portion of lot 1, block 134 of The Pasco Land Companies First Addition as it appears on the plat recorded in Volume B, Page 39 of plats,records of Franklin County,Washington more accurately described as follows: Beginning at the southwest corner of said block 134, also being the intersection of the northerly line of East Lewis Street and the easterly line of Oregon Avenue, also being the true point of beginning; thence northwesterly along the easterly line of Oregon Avenue, 25.00 feet to the beginning of a 25.00 feet radius tangent curve to the left; thence southeasterly along said curve, through a central angle of 90°00'00", a distance of 39.27 feet to its point of tangency with the northerly line of East Lewis Street; thence southwesterly along the northerly line of East Lewis Street, 25.00 feet to the true point of beginning. Containing 134 square feet more or less. Dedication Deed - 1 Said dedication appearing on exhibit `A' attached hereto. '010 DATED this day of R J X94 GRANTOR(S) Owner(s) STATE OF WASHINGTON ) ss. County of Franklin } ao Ic'? On this 'day of ,241A9; before rne, the undersigned, duly commissioned and sworn,personally appeared a r �tt— to me known to be the individual(s)described above and who executed th within and foregoing instrument as an agent of the owner(s)of record,and acknowledged to me thaki /slie/they signed the same as i Aher/their free and voluntary act and deed,for the uses and purposes therein mentioned,and on oath stated thaf 'size/they is/are authorized to execute the said instrument. GlVLN under by hand and official seal this o�pp� �tla of - = ��i'`.•, '• :;'1� 1/},1111 Print Nafne: V- J NOTARY PUBLIC in and for the State�- 6-Zsl ai ngton `T ��= SResiding at: 0 5MvCommission Expires: aD► l Dedication Deed-2 EXHIBIT 'A' cP lid !. y ` LONGS FIRST "'&DDITION\ BLOCK 11\ / ' 1 1 YD 1 l `' t1 1 PASCO LAND ,CO. FIRST ,ADDITION BLOCK 13455 i 1 NEY ROW DED GATED ,1 1 L=39.27' s " R=25.00' ` A=90°00'00" o \�z TPOB 'fit` � 1 AGENDA REPORT NO. 6 FOR. City Council April 14, 2010 TO: Gary Crutehfi t Manager Robert Albert.. ublic Works Director FROM: Michael McSha , 'it_y Engineer Regular Mtg.: 05/03/10 SUBJECT: Award 2010 Crack Seal, Project#10-3-01 I. REFERENCE(S): 1. Vicinity'j\9ap 2. Bid Summary II. ACTION REQUESTER OF COUNCIL/ STAFF RECOMMENDATIONS: 05103: MOTION: I move to award the low bid for the 2010 Crack Seal and all alternates, Project #10-3-01 to Construction Ahead, Inc. (dba Pavement Surface Control) in the amount of $155,837.73 and further, authorize the Mayor Pro-Tem to sign the contract documents. III. FISCAL IMPACT: Street Overlay Fund IV. HISTORY AND FACTS BRIEF: A) On April 14, 2010, staff received three (3) bids for the 2010 Crack Seal, Project 410-3-01. The low bid was received from Construction Ahead, Inc. (dba Pavement Surface Control) in the amount of $155,837.73, including all alternates. The second lowest bid was received from Stripe Rite, Inc. in the amount of$445,310.00, including all alternates. The Engineer's Estimate for the project is $307,000.00. B) Our yearly crack seal contracts arc normally less extensive, but this year we took a City wide approach, similar to the project done in 2006, in order to get ahead of deterioration in the identified areas and to take advantage of the favorable bidding climate. V. DISCUSSION: A) This project involves the cleaning, sterilizing, and applying sealant to pavement cracks in several areas of Pasco. This process will extend the life of the driving surface and prepares the streets for future overlays. Staff recommends award of the contract to Construction Ahead, Inc. (dba Pavement Surface Control). 10(c) 2010 CRACK SEAL VONJY MAP 1, 'JIBBANGROW711B 4. US ORO ST >1 .........I-- AR TRD Z L Q uj WEIRZ qz, -41 tT, X165.52' a 71ST URT�T I HEMP T T SYI.VFSTFR J Tl ST City of Pasco 2010 Crack Seal Project No. 10-3-01 April 14, 2010 BID SUMMARY Total 1. Construction Ahead, Inc. (dba Pavement Surface Control) $155,837.73 2. Stripe Rite, Inc. $446,310.00 3. Ray Poland &. Sons, Inc. $874,619.00 Engineer's Estimate $307,000.00