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
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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
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Item: Casa del Sol Div 11 Phase 2
Vicinity App i • • Construction
Map File FP 10-008
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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
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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
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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
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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 \ �
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M
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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
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SITE
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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
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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
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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
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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
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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
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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.
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Item: Special Permit - Tem . Structure
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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
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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.
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Item: Prelim Plat - West Pasco Terrace
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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.
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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
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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
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Item: Prelim Plat Pasco I 0
Ap licant: arm 05 LLC
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Item: Prelim Vicinity Plat Pasco
Applicant: 2005
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Item: Prelim Plat - West Pasco Terrace
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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
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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
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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
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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
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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
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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
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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
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TO WHOM IT MAY
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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
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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
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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:
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Dedication Deed-2
EXHIBIT 'A'
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` LONGS FIRST "'&DDITION\
BLOCK 11\
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1 PASCO LAND ,CO. FIRST ,ADDITION
BLOCK 13455 i
1 NEY ROW DED GATED ,1
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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
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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