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HomeMy WebLinkAbout2010.07.26 Council Special Meeting Packet AGENDA PASCO CITY COUNCIL Special Meeting 7:00 p.m. July 26,2010 1. CALL TO ORDER 2. ROLL CALL (a) Pledge of Allegiance. 3. BUSINESS ITEMS Q(a) Rezone(MF#Z10-001) Rezone from C-2 to C-1 (Dance Hall Use— 117 S. 5"'Avenue): 1. Agenda Report from Rick White, Community & Economic Development Director dated July 16, 2010. 2. Vicinity Map. 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:Hw,6-4v.pasco-wa.govlwebapp&il,�,councilrgi)i rds). CONDUCT A CLOSED RECORD HEARING MOT1W I move. based on the June 17, 2010 Planning Ceimuission Findings Of Fact. to accept ihc. Planning Commission's recommendation and deriy the rezoy)e at 117 S- 5"' Aventte front C:-'? to C-1. *(b) Final Assessment Roll for Local Improvement District No. 145 — "A" Street Improvements: 1. Agenda Report from Michael McShane, City Engineer dated July 15,2010. 2. Final Assessment Map. 3. Ordinance. CONDUCT A PUBLIC HEARING Ordinance No. ---' an Ordinance of the City of Pasco, Washington, approving and confirming the assessments and assessment roll of Local Improvement District No. 145 for the improvement of "A" Street from Elm Avenue to East Road 40, to city standards, including curb, gutter, storm drainage system, street lighting and landscaping, and certain utility systems, as provided by Ordinance No. 3872, and levying and assessing a part of the cost and expense of the improvements against the lots, tracts, parcels of land and other property as shown on the assessment roll. MOTION: I move to.adopt Ordinance No- , approving and cnfifb-piing the assessments slid assessnicnt ivil of Local Improvemem District. No. 145 1br the improvement of"A" Street from Elm. Avenue to Ea,,t Road 40,to city standaa-ds-, including Curb, glitter. sttmli water utility system, bicycle path, and roadway, and cet-tain %eater and sewer utility system Improvements, as provided by Ordinance No. 3871, and levying, and ass sing a Bart of the cost and expense thereof against the Iat,�, tracts, jla 1-ciAs cif'land gild 01 w property as shown can thy. assessment roll. 4. ADJOURNMENT AGENDA REPORT FOR: City COUI76 July 16, 2010 TO: Gary Crutchfir. Manager Special Mtg.: 7/26/10 .FROM: Rick White, Community& Economic Development Director OV-` SUBJECT: REZONE (MF#Z 10-001 : Rezone from C-2 to C-1 (dance hall use- 117 S. 5"'Avenuel Y. REFERENCE(S): 1. Vicinity Map 2. 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 lttta:llwww.pasco- wa. ov/weba /cit •councilre orts). II. ACTION REQUESTED OF COUNCIL/ STAFF RECOM1l7ENDATIONS: 7/26: CONDUCT CLOSED RECORD HEARING MOTION: I move, based on the June 17, 2010 Planning Comrmission Findings of Fact, to accept the Planning Commission's reconutnendation and deny the rezone at 117 S. 5"'Avenue from C-2 to C-1. 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`h Avenue for the operation of a dance hall. B. Hollowing conduct of those 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 Comrnission's recommendation was received, however Council remanded the rezone to the Planning Conunission to consider three issues: 1) the portion of the building devoted to the dance hall use; 2) the amount of parking required to match that portion of the building used and 3)the restriction on serving alcoholic beverages. D. The Planning Commission conducted the remand hearing on June 17, 2010. At the hearing, the Commission adopted revised findings of fact and again recommended to Council that a rezone request from C-2 to C-1 be denied. V. DISCUSSION A. The Planning Commission was provided with transcripts of the March and April hearings, and with citations indicating where in the record the three remand issues were discussed by the applicant and applicant's representative, by citizen's offering testimony and by the Commission. B. Zoning is a policy decision that divides the community into divisions of land in which only specific uses are permitted. In the C-2 Zone, dance halls are specifically prohibited and are not allowed through a special permit. C. Much of the testimony occurring at the March and April hearings concerned detailed, site specific information on possible operation of a dance hall in a portion of the building at 117 S. 5`h Avenue.Although that information may be pertinent to a special permit, it is beyond the level of consideration for a rezone. D. Consideration of the rezone request is guided by criteria contained in Section 25.88.060 of the Pasco Municipal Code (see tab #5 at page 5). The Commission did not find compelling reasons to recommend approval of the request. E. If Council indicates that approval of the rezone is in order, then a motion to table Rezone MF #Z 10-001 until the August 16, 2010 Council meeting is appropriate. This will enable staff to develop applicable Findings and an Ordinance of approval. 3(a) ` • t � 1 ..rte � �� � ��/ y� - _ � j1 � • • I CD CD do 'M CD go AGENDA REPORT FOR: City Council July 16, 2010 TO: Gary Crutchfield,City Manager Special Mtg.: 7/26/10 FROM: Rick White, Community & Economic Development Director SUBJECT: REZONE I MF#Z 10-001 is Rezone from C-2 to C-1 (dance hall use - 1 17 S. 5`h Avenue; I. REFERENCE(S): . Vicinity Map 2. 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.pasco- wa,Puvlwebma )/cit couRcilrepQrtsI. H. ACTION REQUESTED OF COUNCIL I STAFF RECOMMENDATIONS: 7126: CONDUCT CLOSED RECORD HEARING MOTION: 1 move, based on the June 17, 2010 Planning Commission Findings of Fact, to accept the Planning Commission's recommendation and deny the rezone at 1 17 S. 5`h Avenue from C-2 to C-1. 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`h Avenue for the operation of a dance hall. B. Following conduct of those public hearings,the Planning Commission concluded it would not be appropriate to recommend achange in zoning for the involved property. C. No written appeal of the Planning Commission's recommendation was received, however Council remanded the rezone to the Planning Commission to consider three issues: 1) the portion of the building devoted to the dance hall use; 2) the amount of parking required to match that portion of the building used and 3)the restriction on serving alcoholic beverages. D. The Planning Commission conducted the remand hearing on June 17, 2010. At the hearing, the Commission adopted revised findings of fact and again recommended to Council that a rezone request from C-2 to C-1 be denied. V. DISCUSSION A. The Planning Commission was provided with transcripts of the March and April hearings, and with citations indicating where in the record the three remand issues were discussed by the applicant and applicant's representative, by citizen's offering testimony and by the Commission. B. Zoning is a policy decision that divides the community into divisions of land in which only specific uses are permitted. In the C-2 Zone, dance halls are specifically prohibited and are not allowed through a special permit. C. Much of the testimony occurring at the March and April hearings concerned detailed, site specific information on possible operation of a dance hall in a portion of the building at 117 S. 5'h Avenue. Although that information may be pertinentto a special permit, it is beyond the level of consideration for a rezone. D. Consideration of the rezone request is guided by criteria contained in Section 25.88.060 of the Pasco Municipal Code (see tab #5 at page 5). The Commission did not find compelling reasons to recommend approval of the request. E. If Council indicates that approval of the rezone is in order, then a motion to table Rezone MF #Z 10-001 until the August 16, 2010 Council meeting is appropriate. This will enable staff to develop applicable Findings and an Ordinance of approval. FEE: $700.00 J CITY OF PASCO PETITION FOR CHANGE OF LAND USE CLASSIFICATION MASTER FILE # Z ltd-DO% DATE SUBMITTED: 1•Z9• to PLEASE COMPLETE APPLICATION NEATLY John S. Ziobro Delia Hernandez (Name of Applicant) (Name of Owner, (if other than Applicant)) 4SCD (Address) (Address) (509)737-8500 (509)542-9722 (Phone) (Phone) General Location of Property: South 5th Ave. between West Lewis and West Columbia St. (Give location in relation to streets,intersections, etc.) Legal Description: Gery's Add, lots 15-22, Block 17 (Attach to Application if too Lengthy) Square Feet/Access of Property: Building size: 18,000 square feet Current Classification: C-2 Central Business District Requested Classification: C-1 Retail Business District 1. Briefly describe the nature and effect of the proposed change: 42 z'o�v%a A141 2. Estimated timeframe of development: 30-90 days 3. Date existing classification became effective unknown FEE: $700.00 4. What changed or changing condition warrant the proposed change? There is no change in condition, however,the property located to the West is zoned C-1 and allows for night clubs. 5. How will the proposed change advance the health, safety and general welfare if the community? The applicant proposes to open an under ape of 21 dance hall. No alcohol will be served. It should not conflict with any existing uses. 6. What effect will the proposed change have on the value and character of adjacent property? None, „ 7. How does the proposed change relate to City's Comprehensive Plan? See attached. 8. Other circumstances: See attached. 9. What effect will be realized by the owner(s) if the proposed change is not granted? The building will remain underutilized. 10. List any maps, drawings or other exhibits attached to this application: See attached. AFFIDAVIT I EU �� ��� Z , being duly sworn, declare that 1 am the legal owner of the property involved in this application and that the foregoing statements are answers herein contained and the application herewith submitted are in all respects the true and correct to the best of my knowledge and belief. �e .l4Gc. (Signature of Owner) ��.;G'e, TF��1111,� N +� Subscribed and sworn before me this 1 day of J et-k Notary Public in and for the State of Washington A `mot s Residing at k-e K-c--w _. �.-/S /�fpr Z �FAZ Of +lrtell Golden • • - AMOL cz cz • r - .. .z T 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 .b4 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. b. 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 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 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 1, 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. The initial review criteria for considering a rezone application are explained ill 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 ill the neighbor-hood that xuou ld xua rra nt 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 xua s ill the mini-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 xuou ld a lloru the opportunity for increased "general public disorder, loitering, nuisance and other acts detrimental to the public image of the a rea." 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 ruould likely be detrimental to supporting "public health, safety and general welfare" by allowing uses that, according to evidence revierued by the planning Commission ill 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 du ring hearings that led to the enactment of the C-2 zo ning regu la do rhs demo rhs tra ted tha t cer-ta ill la rid uses inhibit nexu business groruth, contribute to business loss and decline of property va lues, a rid/o r-per petu a to a pu blic image which is u rhdesira ble or unattractive and detrimental to public and private investment ill business property xuithin the CBD. 4. The effect on the property owners if the request is not granted: The property otuners ruould still be able to enjoy all uses currently available ill the C-2 district/ Overlay District, which xuas the zoning at the time of purchase. S. The Comprehensive Plan land use designation for the property: The Comprehensive Elan 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 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 ruould not be in accordance xuith 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 doxuntoxun 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 xuould not further- the purposes for- the establishment of the C-2 district. Expansion of the C- 1 district xuould alloxu 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 doruntorun 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. "Eonce 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 introduce that which has been found detrimental to the dotuntoxun area ruould 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 ruourd essentially cause the rezone to mirror- the permitted uses xuithin 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 not necessary because the rezone is not Iva r-r-anted. 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 Vicinity Item: Rezone C-2 to C- 1 Map Applicant: John Ziobro N File #: Z 10-001 poop SA WP On go A- r SO a �kl Aw- SITE r G r. - Land Item: Rezone C-2 to C- I Use Applicant: John Ziobro D Map File #: Z 10-001 lop LINES ITE 19 r10 Vacant m Zoning Item: Rezone C-2 to C- I Map Applicant: John Ziobro D File #: Z 10-001 I� . r CBOD Item: Rezone C-2 to G I Map Applicant: John Ziobro N File #: Z 10-001 POP III SEEN Central Business WA Overlay District UK 6?4 V;1 &I WA User:PDVORAK Pasco Police Department 03102J2010 15:25:26 CALL ID CALLGLASS CSDISPOSIT ACTDATE ACTTIME STREETNBR STREET 0900012 TI ASSAULT 01/Oi/2009 00:OC:00 C006 214 S 4TH AVE 0902602 TI DOMESTIC 01/18/2009 00:00:00 0103 214 S 4T14 AVE 0904261 IC AS/BAR 01/30/2009 00:GD:00 2236 214 S 4TH AVE 0909306 IC AS/EAR 03/06/2009 00:00:00 2331 214 S 4TH AVE 0910411 IC AS/BAR 03/13/2009 00:00:00 2323 214 S 4TH AVE D922247 TI A/FTSID 05/31/2009 00:00:00 1516 214 S 4TH AVE 0924417 IC AS/BAR 06/12/2OD9 00:00:00 232E 214 S 4TH AVE 0925718 TI MAL/MISC 06/20/2009 00:00:00 2224 214 S 4TH AVE 0929965 IC 911HU 07/15/2009 00:00:0D 2315 214 5 4TH AVE 0935457 IG FIELD 06/i6/2009 00:00:00 0055 214 S 4TH AVE 0936539 IC AS/0TH 08/22/2009 OC:OO:OD 1629 214 S 4TH AVE 0947537 IC CIVIL 10/30/2009 D0:00:00 11D4 214 S 4TH AVE 0947763 IC SUSP/CIR 10/3!/2009 DO:00:00 1531 214 S 4TH AVE 0954C56 IC FIT-LC 12/17/2009 03:00:CO 1041 214 S 4TE AVE 0954440 TI AUTO/THE 12/20/2009 00:DO:00 D056 214 S 4TH AVE 0954581 IC REC/STLN 12/21/2009 00:00:00 1212 214 S 4TH AVE 1006170 TI THEFT 02/14/2010 00:DO:00 !639 214 S 4TH AVE C:IFoxTmp110.162... Pagel Excerpted Transcript of the Planning Commission Meeting Date - March 18, 2010 In Re- Rezone C-2 to C-1 (John Ziobro) 117 S. 5th Avenue Master File No. Z 10-001 ChaRae Kent, CCR, RPR Kent Reporting Phone: 509-527-2244 Fax: 509-027-2299 Kent Reporting.com Paqe 1 STATE OF WASHINGTON CITY OF PASCO In re : Rezone C-2 to C-1 ) Master File (John Ziobro) No . Z 10-001 117 S . Sth Avenue ) ) PLANNING COMMISSION MEETING TIME : 7 : 00 p.m. , Thursday, March 18, 2010 TAKEN AT : City Hall Pasco, Washington REPORTED BY: ChaRae Kent, CCR, RPR License No . 2408 ChaRae Kent CCR RPR Kent Reporting * (599) 627-2244 Paqe 2 1 APPEARANCES FOR PLANNING COMMISSION: 7 MR. TODD SAMUEL - CHAIRMAN 5 MR. ANDY ANDERSON MR. JAMES L . HAY MR. DAVID 0 . LITTLE MR. JOE CRUZ c, 10 17 FOR THE CITY OF PASCO : 12 13 MR. DAVID MCDONALD 14 MR. RICK WHITE 15 MR. SHANE O ' NEILL 16 MS . SOPHIA AQUARIUS 17 18 19 20 21 GG 23 24 25 ChaRae Kent , CCR, RPR Kent Reporting * ( 509) 627-2244 Page 3 BE IT REMEMBERED that on Thursday, March 18, 2010, at 7 : 00 p.m. , at Pasco City Hall , Pasco, Washington, the Planning Commission Meeting was taken before ChaRae Kent, Certified Court Reporter and Registered Professional 5 Reporter . The following proceedings took place : 6 P R O C E E D I N G S U 10 MR . SAMUEL : Okay . So that ends our old business 11 and now we ' ll move into the section of our agenda on 12 public hearings for ne:: business . And the first item is 13 item 5A, a rezone . This is a rezone from a C-2 zone to 14 a C-1 zone . The location is 117 South Fifth avenue . 15 This is master file number Z 10-001 . And I believe we' ll 16 start with some comments from Rick White, our Community 17 and Economic Director . 18 MR . WHITE : Thank Vou, Mr . Chairman and Commission . 19 As you mentioned, it ' s a rezone request from the existing 20 C-2 zone to a C-1 zone for property located at 117 South 21 Fifth Avenue . That ' s on the corner -- the northeast 22 corner of Columbia and Fifth . The site itself is a 23 little over six-tenths of an acre and there' s a building 24 on the site that ' s roughly 18, 000 square feet in size . 25 The staff ...e� art goes in o the history and purpose ChaRae Kent, CCR, RPR Kent Reporting * ( 509) 627-2244 Page 4 1 of the C-2 zone . It was a zone that was developed in the late 1980s to combat what was then a bad -- I 'm going to call it a bad Public image for the downtown Pasco area . The zone itself was developed so that the focus was on uses that resulted in large amount of pedestrian 6 movement , short duration parking and uses that were arranged as to be complimentary to other uses located in the zone so a person could park in one spot, walk to 9 another, and walk to another and basically like a zoning 10 district and something you would expect in the downtown . 11 The particular C-2 zone does not have a parking 12 requirement . That was one of the major factors in the 13 analysis of this zone change request . A C-1 -- the uses 14 allowed in the C-1 zone designate -- excuse rae, cause the 15 need for significant amounts of parking, depending on the 16 building size. It ' s estimated that a building this size, 17 18, 000 square feet, would generate the need for roughly 18 180 parking stalls . 19 The Commission is required to review the criteria 20 found in the Pasco Municipal Code 25 . 88, and those are on 21 page 3 in your staff report . I won ' t go through those in 22 great detail , but I will touch on them briefly . The 23 conditions in the vicinity are changed in order to 24 warrant this zoning. Basically staff could not determine 25 that there wer._- changed condi ion in t'-,\e neighborhood ChaRae Kent , CCR, RPR Kent Reporting * (509) 627-2244 Page 5 1 that would warrant this particular zone change request . Criteria number 2 was the establishing of facts to -justify the change on the basis of advancing the public health, safety and general welfare . Again, the 5 discussion and the history of this C-2 zone in this 6 particular part of the downtown area led staff to the 7 conclusion that there are no facts at this time to 8 justify a change in zone based on advancing the public 9 welfare . 10 Criteria number 3 : The affect it will have, the 11 zone change, on the nature and value on adjoining 12 property and on the comprehensive plan. Again, relying 13 on the significant amount of work that was done in 14 establishing the C-2 zoning district in the late 1980s, 15 staff is of the conclusion that the regulations 16 demonstrate that certain land uses are in fact an 17 inhibiting factor to business growth in the area, which 18 is , in turn, the reason for the C-2 zone in the first 19 place . 20 Criteria number 4 is the affect on the property 21 owners if the request is not granted. And again, the 22 conclusion is that the property owners would still be 23 able to enjoy the uses that are currently available in 24 the C-2 zoning district, which was the zoning at the time 25 of purchase . ChaRae Kent , CCR, RPR Kent Reporting * (509) 627-2244 Page 6 And criteria number 5 speaks to the comprehensive plan designation for the property which is an overriding designation of commercial . Staff has developed at least preliminary findings of 5 fact for the Commission ' s consideration and conclusions G and a recommendation, of course, that after the hearing 7 is concluded that the Commission schedule adoption of 8 findings for the next planning commission meeting. 9 MR . SAMUEL : All right . Very good. Before we hear 10 from the applicant, any questions of Mr . White? 11 So the next step in this process is we want to hear 12 from the applicant about shat their plans are and 13 addressing some of the concerns that City staff Have 14 brought up . So if the representative of the applicant. 15 will come forward and state their name and address for 16 the record. We are anxious to hear from you. 17 MR . ZIOBRO : Good evening . John Ziobro, 1333 18 Columbia Park Trail, Suite 110, Richland, Washington 19 99352 . 20 I ' m here on behalf of the applicant Dalia Hernandez . 21 She is also here and what we thought we would do is she 22 would tell you about the vision of her property and then 23 I will make comments based upon the submittal in the 24 staff report . And we may use the overhead projector . 2 5 Will v ou be abl - to in t at. off Ol a". ChaRae Kent , CCR, RPR Kent Reporting * ( 509) 627-2244 Page 7 MS . HERN NDEZ : Hi, I am Dalia Hernandez . I am not good with English but will try my best . I am here to ask to change this zone but I don' t want to change the whole building. They say that I need 5 a lot of parking for my 18, 000 square foot . I just want 6 to change the ]_pack part . I already had a license to do a reception hall . On the front of the business I own my 3 store that will cash checks, we send money to Mexico and we Have a lot of customers . Before it was a restaurant 10 and I don ' t think there a lot of people come in to the 11 downtown . So when I move Here, I brought a lot of people 12 and you can see I had a lot of customers and we are 13 making good. 14 But why it is important to me is to open this dance 15 for the youth is because I am single mom and I have my 16 kids . I have a daughter 24 and 22 . And I think we 17 always want to go out and dance somewhere to get fun but 18 there no good place for good people . We never like a 19 places with drinks . So it ' s a way I ask them to do this . 2G And I would like to make nice so people can come and like 21 eat an ice scream and a snow cone and dance a little bit . 22 So I believe I can do a lot of changes . I can go up and 23 bring more people in . I would like to -- like farmer ' s 24 market, they always Anglo people come on Saturday . So I 25 - could like to e c la e t ads 'w � they can come ChaRae Kent , CCR, RPR Kent Reporting * (509) 627-2244 Page 8 1 inside my business . 2 And I own two business . I come 3 from. . . (inaudible ) . . . Santa Cruz and (inaudible ) Santa 4 Cruz and (inaudible) Santa Cruz . And I work with my 5 children . 6 ( INSTRUCTED TO STEP AWAY FROM THE MICROPHONE . ) 7 So I don ' t really have interest to serve alcohol 8 because that ' s one of the most things that you are 9 concerning . But I also own a restaurant for 10 years . 10 And I can ' t get a license for to serve alcohol in the 11 restaurant . I know I can do it because I never had 12 because I had clean my record, but I never tried to do 13 this . And I don ' t think you can be concerned on alcohol 14 and that ' s not an important . 15 And one other thing that I have this place for like 16 almost five years . And I was making payments without 17 making money because I come to the City and they always 18 change mind and rules . And they make me put the fire 19 sprinklers and I had to spend more than $100, 000 on 20 sprinklers . Because they told me -- Mr . Mitch told me 21 that I have more than 50 people on the place, we need to 22 fire sprinklers so I had to work and get it done with 2' es.rerything . 24 We had to separate the building from the other one . 25 We had put the a And ; mo� 4aao I came to the ChaRae Kent , CCR, RPR Kent Reporting * ( 509 ; 627-2244 Page 9 1 City and he told me, well, right now if you have a place that you can less than 300 people, you don 't need fire sprinklers and I got like mad because why they make me 4 spend too much money . I can divide the building in two 5 places that way I can save more than $150, 000 . I owe a 6 lot of money . I was making payments . I changed plans . 7 Whenever I come to the City I was back -- because they told me make this and that way you can make your parties or whatever you want to do . And I do whatever they ::ant 10 and I come and they change mind so I keep working and I 11 don ' t really know . 12 I got signatures from my neighborhood . I went and 1 13 asked them if they could sign for me because I want to 14 change the zone and I want to do this dance for the 15 youth . ,.nd I get the signatures to the lawyer. I don't 16 know if you put some with the papers, but I don 't think I 17 am going to have problems around . We ' ve been open with 18 the dance -- with the reception hall for almost a year . 19 And they got their own license to get the drinks . But I 20 pay for four securities . We never had to call the 21 police . They always come and check and see and 22 everything is fine. But we never had problems . 2:3 I think I 'm example of a lot of people for my 24 customers . I don ' t think I going to have problems . I 2 5 don ' t know if �u v �a y qu st is )ns ChaRae Kent , CCR, RPR Kent Reporting * ( 509) 627-2244 Page 10 MR . SAMUEL : Commissioners, any questions? There ' s a couple of -- there was a couple of concerns with regards to having the number of people that 4 you would have at a dance there and where they would 5 park . So what is your plan for where these people would 6 park that came to Vour facility? MS . HERNANDEZ : Well, I have a lot of parking around. Like I own the building across the street and we 9 have a lot of parking there and we have all of the street 10 by Columbia from across the dance hall to -- by 11 (inaudible) all the parking . 12 And I talked to my neigh]_Jor on corner of Columbia 13 and Lewis across from me and he said that we need 14 something, he can sign that we can use his parking, but I 15 don ' t think we need. We have a lot . 16 MR . SAMUEL : So it would just be your position that 17 you have enough parking? 18 MS . HERNANDEZ : Yes . Yes, because we just want to 19 use 8, 000 square feet of my building in the night for the 20 dances and not the whole building . 21 MR . SAMUEL : So how often do you think these dances 22 would happen? Would it be like once a week or once a month or how often would it be? 24 MS . HERNANDEZ : I would like to do it once a week. 25 MR . SAMUE ik� ,orl S turday o :Friday or Sunday? ChaRae Kent, CCR, RPR Kent Reporting * (509) 627-2244 Page 11 MS . HERNANDEZ : Saturday only. MR . SAMUEL : Saturday? MS . HERNANDEZ : Uh-huh . MR . SAM7EL : Do you have any kind of idea as at what time frame it would be? Would these dance` go from like 6 6 o ' clock to midnight or what would be the time? MS . HERNANDEZ : From 8 : 00 to 1 : 00 in the morning. $ MR . SAMUEL : 8 : 00 until 1 o ' clock in the morning . Last question and I ' ll let someone else ask a 10 question. Some of the staff had reported that there has 11 been some similar facilities that have dances in that 12 particular neighborhood that Have had a lot of trouble 13 with police calls . So what would make your facility 14 different such that we wouldn ' t -- you know, the City 15 ::ouldn ' t be getting calls from the police like other 16 dance facilities that are in this particular area have 17 been? 18 MS . HERNANDEZ : I think also they serve alcohol and 19 there ' s one place on the Cruise Avenue that they are 20 supposed to be for youth people but they serve drinks 21 next door. So people they can go and get a drink and 22 come back . So I always see problems there . So I don' t 2:j get -- I don 't really get interested to be involved in 24 those things . 25 MR . SAMUE_: y� u t in alcohol i the primary ChaRae Kent, CCR, RPR Dent Reporting * (509) 627-2244 Page 12 1 reason why there is so much trouble at other places? 2 MS . HERNANDEZ : Yes . 3 MR . SAMUEL : Other questions? Mr. Little? MR . LITTLE : So we could approve this without an 5 alcohol permit or the condition and that wouldn 't be a 6 problem with you? MS . HERNANDEZ : Not a problem. MR . LITTLE : And then also, talk about security again . For people entering as well, you know, they may 10 have more alcohol than they need or other substances, how 11 do you control that? 12 MS . HERNANDEZ : I was taking care of mv reception 13 hall and I have four people working for me, but I also 14 work inside the building, see if there' s no people -- 15 youth people drinking inside . If I see people, thc17 nc,�d 16 to go out and I go and take care of them. And we have 17 four people working right now for me and they can be 18 training to take out those . And you guys can tell us the 19 rules that you want . 20 MR . SAMUEL : Other questions or comments? 21 Right now do either you or Mr . Zi.ol_Jro know how many 22 -- specifically how many parking spaces you do have? I 2:3 mean, how many cars could park in the spaces you' ve got, 24 do you know? 25 MS . HERNAMZ': ,' b�l ' evK more -than 90 . ChaRae Kent , CCR, RPR Kent Reporting * (SCQ) 627-2244 Page 13 MR . SAMUEL : More than 80? MS . HERNANDEZ : Uh-huh . MR . SAMUEL : Okay . All right . Well, thank you very 4 much . 5 MS . AQUARIUS : Can I get your name and address for ( the record. MS . HERNANDEZ : Dalia Hernandez . Do you need my home address or business? a MS . AQUARIUS : Your home address . 10 MS . HERNANDEZ : 407 East 4th Avenue in Kennewick . 11 MS . AQUARIUS : Thank you. 12 MR . ZIOBRO : Again, John Ziobro on behalf of the 13 applicant . 14 I think you could quickly establish that she 15 embodies the spirit of the small business owner and 16 entrepreneur . By the time she came to me, she had done 17 numerous impressive and expensive things to make this 18 property work. And just in case you didn ' t get all of 19 that, she has spent $200, 000 making improvements to the 20 building . It includes putting in the fire wall , which 21 she believed would Help assist in this process . 22 She ' s paid for the water line to be reinstalled . 23 She ' s paid for electrical and she ' s made a large 24 investment and she did that as a first step to have a 25 reception busir.es: he appr ve I -- wh i has . ChaRae Kent , CCR, RPR Kent Reporting * ( 509) 627-2244 Page 14 And there have been no calls , police calls that I think you ' ll find in the record related to her business . So, a couple things that I wanted to touch on and then I ' ll make sure I answer all of your questions 5 because I think I have an answer for just about 6 everything . As a preliminary matter, when I was looking at this I looked at the comprehensive plan -- and actually I 9 talked to Mr . White and we ' ve worked together a long 10 period of time and I respect the staff report and his 11 opinion, but I do have some points I ' d like to make 12 because I think there' s a way to make this work . 13 But the first thing you ' ll notice is we ' re talking 14 about a fine line between C-1 and C-2 . We- ' re bordered on 15 two sides of the property by the very zoning designation 16 that we 'd like to have you approve. So when you ' re 17 talking about , are we a fish out of water, are we asking 18 you to stretch to make this approval, I think the first 19 answer is, no, we ' re not . 20 And then we looked at the compatible compatibility 21 with the vicinity -- and I think that also relates to the 22 staff report . But one of the things we would like to 23 point out is that the Golden Nugget is here right 24 (indicated) . And I want you to keep in mind when you 25 think about tha , loop he ' r p k�' n_ Before you deny ChaRae Kent, CCR, RPR Kent Reporting * (509) 627-2244 Page 15 1 our application based on parking, take a look at their' s . You have a reception hall here ( indicated) . And if staff is able to maybe play with their overhead projection, the Out-ITT-About nightclub is here (indicated) and I think they all present the same type of issue . 6 And the other thing I :mould ask the planning 7 Commission to keep in mind is there ' s a difference 8 between the exercise of zoning authority and site plan approval where you are going to address issues like 10 parking and lighting and security . So I think some 11 difference can be given to staff if they make it past the 12 first step and we get to the point ::here we ' re actually 13 talking about can you submit an application and get it 14 approved. 15 And when we ' re talking about the comp plan policies, 16 I focused on the policy that we ' re trying to stimulate 17 business development . And you Have a lady here who has 18 got a large building and she ' s trying to find ways to 19 stimulate business . And one of the things I think is 20 necessary so we have a fair and complete record she' s 21 talking about using 8, 000 square feet for the dance hall . 22 The parking calculation was based on 18, 000 square feet . 23 So I think it ' s safe to assume quickly we can get down to 24 the -- I think the staff report was 180 for 18, 000 . So 25 now we re down - ' u t at loan by more than half . ChaRae Kent, CCR, RPR Kent Reporting * (509) 627-2244 Page 1G 1 She has parking on site. She owns this building here (indicated) and she has this lot available (indicated) . 3 This lot might be available (indicated) . There ' s street 4 stalls here and this lot and this lot might be available 5 (indicated) . 6 And the reason I bring that up is I think ::Tat we could do is we could do a change of zone with the development agreement and one of the things you could > require in the development agreement is that she obtains 10 either parking easements or some kind of license or 11 authority to use the parking lots of these businesses 12 that have adjacent businesses that may not be open when 13 she' s open . So if she can demonstrate that she can 14 adequately handle parking, maybe what we need to do is go 15 back and see if these street parking and the parking 16 that she has available gets us close . And again, I think 17 that ' s a site plan permitting issue rather than a zoning 18 issue . 19 I talked about a development agreement and you 20 asked -- I think the fear of staff is she gets this 21 approved and a year later someone buys it or she says, 22 gee, we would make a lot of money if we have a nightclub. 23 ti�Tell , we can do something about that . We could enter 24 into a development agreement that says she will serve no 2 5 alcohol as part o �h r c pt on al ' . Afid that you ChaRae Kent , CCR, RPR Kent Reporting * (509) 627-2244 Page 17 I could condition any permitting based upon the covenant that she would sign and record on the property that she won ' t have alcohol as part of the dance club. Now she has a reception business and people do get banquet or 5 liquor licenses for their individualized events . She' s committed to Having a dance club that ' s not going to turn into or evolve into a nightclub where there ' s alcohol . And I think that dovetails right into y the staff report that we really are concerned about 10 general public disorder with this application . Again, it 11 you eliminate the alcohol component, if you do something 12 about parking, I don ' t think it ' s a fair comparison to 13 sav an under 21 dance club or an alcohol free dance club 14 presents the same evils as a night club. I think that ' s 15 the analogy that was made here . And I think that ' s an 16 unfair comparison . 17 I also would ask -- again, you ' re talking about a 18 small business owner and a dream. And before you 19 extinguish that dream, I would hold staff accountable for 20 some of the evidence that is in the record . you Have 21 calls for police service . Again, as a suggestion, that 22 because there ' s calls for service -- and I think this is all related to the Golden Nugget -- that because of their 24 experience, she ' s going to present the same perils . 25 Three of e:, - 't e fi st n i FTSID, which is ChaRae Kent , CCR, RPR Kent Reporting * (5C9) 627-2244 Page 18 1 a fail to stop and ID . That is an accident . That is not a night club-related incident . There ' s a A1ALMTSCH, which is malicious mischief or destruction of property and one of these related to an auto incident . And some are just 5 field contacts . So I 'm sitting here looking at it thinking, gee, you might deny this application because staff has put in front of you a list of calls for services that just have codes and don ' t tell what you happened. I think if 10 you ' re going to hold that against my client, the police 11 report should be entered into the record so you can 12 review them and find out is the night club the problem or 13 is there some other problem before you say, gee, we have 14 this evidence and now we ' re, going to hold it against. 15 Ms . Hernandez . I think that ' s a stretch . And I think if 16 you ' re at all persuaded b'v that evidence, I would ask you 17 to send this back to staff and say if this is part of the 18 criteria that you ' re going to use to deny this permit, 19 then why don ' t you bring the police reports in so 20 everyone has the benefit of full disclosure in 21 understanding is the night club the problem and can we 22 then make an analogy that that problem is applicable to her situation . 24 I also think it ' s fair to take a look at 25 comprehensive a o].ic ' e a d c an v in circumstances ChaRae Kent , CCR, RPR Kent Reporting * ( 509) 627-2244 Page 19 1 or the community and then go back to the City staff report that says we ' re relying on input from the 1980s and we' re relying on zone changes or designations that are over 10 years old. Because one of the things you do 5 is you look at the community and look at the recent C developments in the community;- and you decide: Do those 1 justify a change of zone . 8 And again, I think part of the basis for denial is 9 that we have this evidence that some of it is 10 years 10 old and some of it -- I think I ' m being generous to say 11 as much as 20 years old, maybe 30 years old -- and again, 12 it could be a finding used against my client . And 1 ' d 13 like to think you would give her the benefit of having 14 recent, solid data before you determine that her 15 application is somehow related to the testimony from 16 those prior hearings . And again, if you ' re going to use 17 that data in those hearings, those are City records, 18 maybe they should be made a part of this as well so we 19 have the benefit of commenting on it and the Planning 20 Commission of hearing that evidence of saying were under 21 21 clubs and dance clubs part of the problem. 22 Let me make sure I ' ve covered everything . We think 23 she has 40 on-site parking spaces . We think there ' s 15 24 more across the street . Again, we think we can get 25 permission from o h r e ' g oc s . ChaRae Kent , CCR, RPR Kent Reporting * (509) 627-2244 Page 20 So what might make some sense here is to go back and refine this a little bit to say what is the minimum parking for 8, 000 square feet and can we identify 4 parking . And we ' d be glad to meet with staff and show 5 them our parking stalls; get an accurate count . But 6 again, I think that ' s -- when she applies to have a club, that ' s when you handle that issue . She ' s demonstrated that her receptions Have not created problems . I 'm not aware of any complaints -- 10 parking, noise, alcohol disturbances . So I think -you 11 have a responsible business owner . 12 So the last thing -- and I know Mr . White is 13 familiar with the development agreement process and I 14 think it has to be part of a Planning Commission hearing 15 in the zoning process . But we can put one together that 16 limited or prohibited alcohol related to her business . 17 identified how she would obtain parking . There ' s 18 probably other issues that staff might have that I think 19 we can work with to make happen . 20 I think I ' ve covered all your questions . But if I 21 didn ' t, remind me and I ' ll answer any other questions 22 staff might have . 23 MR . SAMUEL : Restate your argument again about C-2 24 versus the C-1 . Right now it ' s C-2 zoning . This 25 particular kin o husilnes i? no'`�ccept ble; it ' s not ChaRae Kent , CCR, RPR Kent Reporting * ( 509) 627-2244 Pack e 21 1 authorized. MR . ZIOBRO : It ' s not permitted. MR . SAMUEL : But as a C-1 -- if we rezone this specific piece as a C-1 , it is -- and in fact a lot of 5 other types of businesses are acceptable in a C-1 . MR . ZIOBRO : Correct . MR . SAMUEL : So restate to me your argument again about if something happens to her in the future and she 9 sells this property to somebody else, how are we going to 10 prevent -- and she' s a great owner -- how are we going to 11 prevent the next owner, who may not be so great , from 12 causing us a problem. 13 MR . Z103RO : I think the way to do it is a 14 development agreement . And it would -- we would probably 15 hear from staff if they ' re authorized specifically by the 16 municipal code, but they are by State statute . And 17 they ' re only good for a period of time, but they are also 18 renewable. 19 But you could have an agreement between 20 Ms . Hernandez and the City -- you could even record it -- 21 that said these are the conditions under which we will 22 operate a dance hall, in exchange for the benefit of the 23 favorable zoning designation that allows some uses that. 24 may not -- may otherwise not be desirable . She intends 25 to stay an ownet. And fTankl , i`` a risk we cannot ChaRae Kent , CCR, RPR Kent Reporting * ( 509) 627-2244 Pa'=7e 22 1 calculate to know whether she will be the owner in 5 2 years, 10 years or 20 . We would like to think she will be successful and she ' ll remain the owner for several 4 years and keep it and it will never be an issue . 5 But we think we can agree with staff on limitations C that she would 1 accept on the property . You can record 1 them on the property and any buyer who came along and 8 said I ' ll give you lot of money, they ' ll know that there ' s something on that property that advises them 10 that, despite the zoning, this business owner has agreed 11 to a business limitation . I think there ' s a way to do 12 that . And she would go to that length to try to make it 13 happen . 14 If there was a way to do a conditional use within 15 the existing zoning, we would -just do that . But I don ' t 16 think that ' s an option . So I think the only way to do ii_ 17 is to change the zoning designation . 18 MR . SAMUEL : Can you restate -- she mentioned it a 19 little bit . I would like you to restate what your 20 understanding is of the applicant ' s plan to manage public 21 safety. So if we ' re concerned about fights or 22 congregating down there, how could we be assured that in 23 fact this is not going to be a trouble situation like 24 some other, perhaps, dance locations are down there? 25 MR . ZIOBR4I., ' a g ea& question a.nd I don ' t think ChaRae Kent , CCR, RPR Kent Reporting * (509) 627-2244 Page 23 1 we have that level of detail . I think that would be, you know, a condition of her business license or permitting . All I can tell you is she has not had problems to-date . 4 She understands that -- especially when you are trying to 5 reach the under 21 crowd, or the crowd that is not 6 consuming alcohol , they go there to be safe . She' s not 7 going to be effective unless she ' s providing a safe environment . She plans on having security . There ' s a lighting component that comes with that . I can 't tell 10 you what the level of training she has for those that 11 provide security. There' s companies that do it . 12 Sometimes you can find off-duty police officers that do . 13 I don ' t know what she has . And frankly, I would be 14 making a best guess to tell you what the nuts and bolts 15 of her security would be to assure there weren ' t any 16 problems . 17 I think the biggest one is -- this is something she 18 may have said in her statement, but I ]snow she said it to 19 me . She has a restaurant across the street and could 20 serve alcohol . The fact that she doesn' t , should speak 21 volumes about her view on what that brings in terms of 22 environment and the problems that come with that . And 23 she wants to make sure that her businesses don ' t present 24 those issues . 1-5 MR . SAMUE k C ss i ,n s ny other ChaRae Kent , CCR, RPR Kent Reporting * (509) 627-2244 Pa'=je 24 1 questions of the applicant? Before you step down, City staff , any response to what the applicant has said with regards to some of -- addressing specifically some of the concerns of City 5 staff had mentioned in the staff report with regard to 6 the development plan? Do you have any comments on that? MR . WHITE : Perhaps just a comment that I ' m a little nervous about getting into the detailed, site-specific conditions of approval that may apply if the property had 10 any C-1 zoning designation right now. 11 I just want to make sure the commission understands 12 that the request is for a change of zone, not site 13 approval . And the history of the C-2 zone suggests that 14 the Cite has been down this road before . 15 I also didn ' t hear a concern -- a statement about 16 the affect of setting a precedent . So I know that the 17 site is on the corner of a central business district , but 18 sometimes that doesn ' t necessarily help in terms of zone 19 change, assuming that you want to change the zone in the 20 first place . And it may be a domino affect as you go up 21 Fifth Avenue . So again, just keep those things in mind, 22 please . 2:3 MR . SAMTTEL : All right . Absolutely . 24 MR . ZIOBRO : I don ' t disagree with Mr . White ' s 25 comments . And y ugges .ir-)n s a 1 ' the bit atypical . ChaRae Kent , CCR, RPR Kent Reporting * ( 509) 627-2244 Page 25 1 But the City of Richland has granted zoning changes along with the development agreement because of the exact concerns you have . We don ' t want to wait until we are at project approval before we start making sure we ' re protecting neighboring property owners . It is a mechanism that you can take advantage of, if that ' s an issue . And like I said, I ' m really here to try to find a way; to make this work for Ms . Hernandez because I think 9 she ' s the kind of person you want as a business owner in 10 the city . 11 MR . SAMUEL : Very good . 12 MR . ZIOBRO : So there ' s nothing that saes you can ' t 13 remand this back to staff . We ' ll -try to give them 14 whatever theV need to come back and make a more favorable 15 recommendation . 16 MR . SAMUEL : Okay . Any other comments of the 17 applicant? All right . Thank Vou very much . 18 MR . ZIOBRO : Thank you for your time tonight . 19 MR . SAMUEL : What we ' re going to do now is we want 20 to hear from the public on this, either for or against 21 this . So hat I ' m going to do is each individual who 22 comes up will have up to three minutes to speak . At the 23 end of that three minutes, I ' ll ask you to sit down . If 24 you are not finished with your testimony, then after 25 everyone else has h d an oppc tunity to speak, you ' ll ChaRae Kent , CCR, RPR Kent Reporting * ( 509) 627-2244 Page G6 1 have an opportunity to come back up again and speak for another three minutes . We' ll just keep doing that until you have had an opportunity to get off your chest what 4 you want to and make sure that we have the information 5 about how you feel about this . 6 So with that , any individuals who wish to speak either for or against this item please come forward now. Second call for any individuals who wish to speak 9 either for or against this . 10 Third and final call . Once again, this is the only 11 opportunity to get into the record what you might think 12 either being for or against this so that the City Council 13 can make a good decision on this . 14 Please corae forward and rotate dour name and address 15 for the record. 16 Did you swear in when I first. -- 17 MS . LOPEZ : I didn ' t . 18 MR . SAMUEL : You did not . 19 Do you swear to tell the truth in the testimony you 20 are about to give; if so, say I do . 21 MS . LOPEZ : I do. 22 MR . SAMUEL : Your name and address, please . 23 MS . LOPEZ : Josie Lopez . I live in Richland. 24 2114 Van Giesen Street . 25 I don 't kn6w 't e lo ,�ple, but I fihink it ' s a reall,„, ChaRae Kent , CCR, RPR Kent Reporting * (509) 627-2244 Pa'=J 2? 1 neat thing that they ' re trying to do for the City -- somewhere where the youth can gather and get together . Especially one of the things that really, you ]snow, something that really touched me is that a place where 5 they don ' t serve liquor where kids can get together for 6 something fun . I think -- I lived in the Seattle area before and I ' ve only been over here in Tri-Cities for about eight 9 years and I think it ' s important to Have a place where 10 kids can go . There ' s not a lot of places here in the 11 Tri-Cities . I know I have an 18 year old and a 14 year 12 old myself and other than the outdoors or, you know, we 13 take most of our kids back to Spokane or even to Seattle 14 to do stuff . And it ' s nice to have a place where kids 15 can gather . So that ' s about all I have to say . Thank 16 you . 17 MR . SAMT= : Thank you very much . Anyone else who 18 wishes to speak either for or against this? 19 Last and final call . 20 All right . City staff , do you have any additional 21 information you wish to add to this testimony, Mr . White? 22 MR . WHITE : No, but I just wanted to make sure that 23 the Commission is aware that if they would like, of 24 course, at your discretion, you can continue the hearing . 25 And if you ' re dt A' ' n o dire '_ staff to either meet ChaRae Kent , CCR, RPR Kent Reporting * (509) 627-2244 Page 2° 1 with the applicant or explore additional evidence to have 2 for the record, we can certainly accommodate that . MR . SAMUEL : Commissioners, what is your feeling on 4 this to provide that guidance to City staff? 5 MR . ANDERSON : I think you need to close the 6 hearing . MR . SAMUEL : So I will go ahead and close the input to the -- so the record is now closed as for as input . Commissioners, do you wish to speak about this? 10 Mr . Anderson? 11 MR . ANDERSON : I ' m torn on this . And the reason I 'm 12 torn is I spent 21 years on the Pasco Police Department 13 and I ' ve got a lot of blood and a lot of sweat and a lot 14 of t irne in this area . I saTn7 it 5n l-en it was bad . And I 'm 15 very apprehensive to open the door even slightly to start 16 what was down there before . I 've seen teenage clubs that 1. 7 didn ' t serve alcohol and we spent a great deal of time in 18 and around the area breaking up fights, breaking up 19 disagreements . Kids are kids . They are going to get �0 their chests pumped out and they are going to be bumping 21 and the next thing you ]-,now there ' s going to be fists 22 swinging . 23 I understand her desire and I appreciate her desire 2,1 not to have alcohol and to provide a place for the kids _ 25 But I just, don ' in t i i th right place given it ' s ChaRae Kent, CCR, RPR Kent Reporting * ( 509) 627-2244 1 proximity to alcohol, to bars, to the In-N-Out, to the other places down there that serve alcohol . I just think it ' s the wrong place . MR . SAMUEL : Other comments? Mr . Cruz? MR . CRUZ : You know, I think we have an obligation to try. I hear all the arguments that he makes . And I remember downtown Pasco when I got here in 1984 was a 8 very different place . But it ' s one of those things where 9 we don' t find and we encourage that kind of development . 10 I think that ' s an integral part of having a downtown 11 area . And we ' re talking about 8, 000 square feet, not 12 18 , 000 . I think that ' s a mitigating factor Here . 13 I think 1 o ' clock in the morning would probably go 14 past my comfort level for an under 21 club . But I would 15 be comfortable sending this back for a do-over and 16 letting the City staff and the applicant work something 17 out . 18 My biggest concern is like we ' ve kind of heard a 19 little bit is if we change the zoning, then it ' s kind of 20 no holds bar . So we would need some comfort that, you 21 know, we get through the special permit process that , you 22 know, it would come up for a renewal relatively quickly . It would be something I would like for maybe a one or a 24 two year initial period. You know, use time as a factor 25 as well as the ,-)t1 er fi;,ings . Then tlefe ' s some guarantee ChaRae Kent, CCR, RPR Kent Reporting * (509) 627-2244 Page 30 1 that, you know, we could reinstitute the original zone or have some control in the future . That ' s a weird state there . I 'm comfortable sending it back again to talk 4 about 18' 000 feet . 5 The other thing I ' d say is I was a lot more intrigued -- I was curious what this actually was when I 7 read the staff report at home. And I don ' t think the 8 staff report was as accurate as maybe it could have been c` about what the applicant ' s intended plans were. You 10 know, I read the Golden Nugget part, too, and I don ' t 11 think that ' s what we ' re talking about here . 12 MR . SAMUEL : Okay . Very good. 13 Mr . Little, did you have a comment? 14 MR . LITTLE : I think I go along with the 15 commissioner that we should try to make it to see ::hat it 16 would take to make it a workable deal and evaluate it on 17 that basis . 18 MR . SAMUEL : Mr . Hay, do you have a comment? 19 MR . HAY : Yes, I too am with Mr . Anderson . 20 (Inaudible) They were not good; they were bad. I would 21 be in favor of giving staff the option of a redo and see 22 what we could come up with and see if there ' s something 23 we can work out . 24 MR . SAMUEL : Mr . Anderson, did you have a comment? 25 MR . ANDER N • woul ji4st point out one thing that ChaRae Kent, CCR, RPR Kent Reporting * (509) 627-2244 Page 31 1 once the door is open, it ' s really hard to close. It costs a whole bunch of money to close it . Takes a whole bunch of time and we ' re right back where we started from. So just a caution . MR . SAMUEL : Any other comment? 6 So my comment on this is, you know, I ' ve been in the Tri-Cities since 1982 . Pasco is a very different place now than it was in ' 82 . And I think it took a lot of CC, hard work and some significant pain and anguish in 10 rezoning downtown Pasco to try to encourage the kind of 11 development that is going to create a downtown that we 12 can be proud of and that is safe and to discourage the 13 kind of development that led to a lot of the problems 14 that we had down here in the 1980s . And so I am very 15 hesitant to make a change that moves us back down a 16 direction that ' s a different direction than the direction 17 we 've been going . I think we' ve been going a really good 18 direction. 19 I ' m very -- I really like this applicant and the 20 idea a lot . I ' m really more concerned about the next 21 person that ' s going to be using that property . And so 22 there ' s a specific reason why our City Council for the last 20 years created that zoning area and that 24 particular area, protected it , and restricted what could 2 5 be down there r v y s. ec ' f i c r aL' i. , for a very ChaRae Kent , CCR, RPR Kent Reporting * (509) 627-2244 Page 32 1 specific amount of history that went down on there . 2 And so I would be very reluctant unless there was a lot of assurance from the City staff and some type of an 4 agreement that could be put together that would really 5 make it clear of what could and could not be done down there . And that if this applicant were to leave or to 7 sell this property, that that -- that that kind of 8 permission wouldn 't go on to the next owner of this 9 property . And I think that ' s a very difficult thing to 10 do . I don 't even know if it ' s legal to do that. . 11 And so I guess my vote would be to have City staff 12 go back and look at this again and determine -- and to 13 come back to us with some additional information; perhaps 14 look at the staff report and the findings of fact; make 15 sure that they line up with the testimony that we 16 received today and make sure that that is correct. . And 17 then also I think I ' d like to see the City staff work 18 with this applicant and determine what -- what are the 19 possibilities and come back to us and present those 20 possibilities to us and see if, in deed, there could be 21 enough assurance to convince the majority of the Planning 22 Commission . 23 My basic feeling is that could be very difficult to 24 do . But I would be -- since there appears to be a 25 majority of commiss:,_on,=%r- ha ar or that, I think ChaRae Kent , CCR, RPR Kent Reporting * (509) 627-2244 Pa'=7e 33 that ' s the guidance to City staff . Staff, do you have questions about that? MR . WHITE : No, I think we ' re okay . MR . SAMUEL : Okay . Very good. So I just want to 5 say -- Mr . Little, did you have a comment? 6 MR . LITTLE : We will need a motion to do that . MR . SAMTJEL : Just real quick before we make that motion . I just wanted to say I thought that this 9 applicant did a great jol--, of putting together a story, a 10 plan, that on the face of it could be viable . And this 11 is a difficult part of town, but this is the kind of 12 facility I think that we need. I struggle maybe that the 13 location is right . But this is the kind of thing that we 14 need in our cornmunity . And so I appreciate that thou(:Tht 15 a lot . And so Mr . Little -- 16 MR . LITTLE : I would make a motion that we continue 17 the hearing for another month . 18 MR . HAY : Seconded. 19 MR . SAMUEL : It ' s been moved bpi Mr . Little . 20 Seconded by Mr . Hay . All those in favor say aye . 21 COMMISSIONERS ( IN UNISON) : Aye . 22 MR . SAMTJEL : All those opposed? 23 MR . ANDERSON : Aye . 24 MR . SAMUEL : So let the record show; that 25 Mr . Anderson wa6 Grp osed Al th rc s' -)f the ChaRae Kent , CCR, RPR Kent Reporting * ( 509) 627-2244 Page 34 1 commissioners have requested and so we shall continue 2 this meeting at the next month ' s meeting . Thank you very much . I appreciate it . 4 ( ITEM CONCLUDED . ) r u 10 A 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ChaRae Kent , CCR, RPR Kent- Reporting * ( 509) 627-2244 Page 35 C E R T I F I C A T E 2 STATE OF WASHINGTON ) ss . COUNTY OF BENTON ) This is to certify that I, ChaRae Kent, Certified 5 Court Reporter and Notary Public in and for the State of 6 Washington, residing at Richland, reported the within and 7 foregoing deposition; said deposition being taken before me as a Notary Public on the date herein set forth; that 9 the witness was first b_y me duly sworn; that said 10 examination was taken by me in shorthand and thereafter 11 transcribed, and that same is a full, true, and correct 12 record of the testimony of said witness, including all 13 questions, answers and objections, if any, of counsel . 14 I further certify that I am not a relative or 15 employee or attorney or counsel of any the parties, nor 16 am I financially interested in the outcome of the cause . 17 IN WITNESS WHEREOF, I have hereunto set my hand and 18 affixed my official seal this day of , 19 2010 . 20 21 CHARAE KENT, RPR, CCR 22 CCR NO . 2408 Notary Public in and for the State 23 of Washington, residing at Richland 24 25 M. 7 commission expires u rn. 17 , 2012 ChaRae Kent , CCR, RPR Kent Reporting * (509) 627-2244 thw rovopAR Pasco Police Department —^ 031021201015:26:26 CALL X CALTCLAsc +:3VICBOSIT ACTOAT£ ACTTTNF STREETOR STREET C903C12 TT ASSAULT 01/C1/2009 00:00:00 0306 214 S 4TH AVE Ci302602 T€ Ii^.NESTTC r:IIa-,::009 00:00:00 010 214 8 4TH AVE 6904201 TC A.>/BAR 01/30/2079 U0:01*00 7.)76 114 c 4TH AVE 0909306 1C AS/sAR 03/06/201)q OC:00:30 2331 214 S 4TH AVE :1316431 1C AS/)aR 03/13/20Ca 00:3000 2323 214 5 4TH AVE 092224" T" A/F.SID OS/31/2009 00:00:05 :516 214 S 4TR AVE 0924417 TC AS/BAR ;36:1.2/20€19 00:00:00 -'326 214 S 4TH AVE 092571E T1 MAL/MISC 06/10/2009 00:00:00 22^4 214 S 47H AVF. 0929965 1:� 91;H0 {)'11/15/2009 00:00:00 2315 2*14 S 4TH ATIE 09354 a'7 IC FIELD 08/16/2009 00:00:00 DJSS 214 S 4TH AVE 036538 1.^. AVOTH 08/22/200? 00:OL�:03 18^49 214 S 4TH AVE: 13947°_3'3 :C CIVIL 30/3012C09 00:0(::00 1104 214 S 4TH AVE 03477£3 1C SJ3P/CIR :01?112C09 00:00:00 15?1 214 S 4TH AVE r9540Se 1C FIELC 17/0/2039 03:00:00 1041 714 S 4TH AVE 03:4440 TI ALTO/THE 12/20/2009 00:00:00 0056 214 S 4TH AVE :19545!31 1C 6E'./STLN 12/21,12109 JC:00:00 121-' 2:4 S 4TH AVE 10061" TI :'HEFT 62/14/2010 00:30:00 1639 214 S 4TH AVE m X lu a 0 CAFcxTmgA10.102... Pagel Exhibit 2 - Legend of Police Codes Legend of Codes for Police Report 91 I I TC– 911 Jiang-up call- by law police are rcquired to respond to these_regardless. A/FTSID= Hit-and-run accident AS/BAR Officer walk-through,usually officer-initiated AS/OTH Officers assisting another agency, for example to enforce a court separation order ASSAUL l'= Assault AIITaYTHE- Auto theft CIVIT – Ci%it issue such as a separation order llOwsric Vernal assault;no contact FIELD - OfYtLvr.s appeared, not in recponse to a call,but found something nn-site or in the general vicinity. MAI/MISC Malicious Mischief.'vandalasm I usually not graffiti,as this,is reported Separately) RED:/S I IN= Recovery of-dolcn property SLISp/CTR Suvicious circumstances, THEFT 'I heft.not auto Exhibit 3 - Letter from Ziobro 1/26/10 RECEIVED Tel uist Ziobro McMillen JAN Z 2010 q M Attorneys at Law COMMUNRY 6 ECONOW DEALOPMEM January 26,2010 Rick White City of Pasco, Planning Dept. Second Floor 525 North 3rd Avenue Pasco, WA 99301 Re: Change of Zone Application Owner: Delia Hernandez j Property Location: 117 S. 5`h Ave. Dear Rick: Please find enclose the following in support of an application for a change of zone for the above referenced property: 1. Rezone application with attachments; 2. An application fee of$700.00; and 3. An $80.00 flee for ownership notices. If you need any additional information or clarification, please let me know. Very truly yours, JOHN S. ZIOBRO Enclosures /jr cc: Delia Hemandez(w/enc.) George E. Telquist • John S. Ziobro • Robert G. McMillen 1333 Columbia Park Trail,Suite 110 ' Richland,WA 99352 (509) 737-8500 0 Toll Free(877)789-LAW 1 • Fax(509)737-9500 • www.tzmlaw.com Addition to Paragraph 7 Under the City's comprehensive plan,the area is designated Commercial. Volume ll, Supporting Elements of the Comprehensive Plan, rvcognizes the City's efforts to engage in new strategies to offset the CBI's decline in business and to create opportunities for business growth. Further,the CBD is increasingly characterized by a large number of emerging businesses that are operated by Hispanic business owners, The Applicant is one such owner. Addition to Paragraph $ A majority of the building is not currently in use. Applicant has made numerous enhancements to building. The Applicant has spent approximately$200,000.00 in improvements to the building so that the unused area can be utilized for the intended purpose. These improvements include: replacement of the waterline to her building; new I1VAC system;construction of a firewall,replacement of the electrical system; 1 and installation of a sprinkler system. ' Exhibit 4 - Letter from Ziobro 4!1110 Telquist Ziobro McMillen Attorneys at Law April 1, 2010 Rick White City of Pasco Planning Department 2nd Floor 525 North 3rd Avenue Pasco, WA 99301 Re: Change of Zone Application Owner: Delia Hernandez Property Location: 117 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. 1 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: 1. 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 hall to a night club. 5. Her business will refuse admission to any person under the influence of alcohol. 6. 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 11 Toll Free(877)789-LAW1 ' Fax(509)737-9500 0 www.tzmlaw.com it Page 2 of 2 To:flick White Our File No.09-203 Date: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 liability 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, ZIOBRO & MCMILLEN, PLLC i OHN S. [OBRO F.nclosures 15Z/jr CC. Delia Hemander.(w/enc) 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-LAW1 • Fax (509)737-9500 0 www.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 1 l. 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",nor of certain property has applied for a rezone of such property described below within the City's jurisdictiom 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 Pawn 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. BLO(.tK. 17 NVUEREAS,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 laces relating to the use and developtncnt 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, fn the event the above-described property if rezoned by the City of Pasco from C-2 to C- 1, and in consideration it"that event should occur. and subject to the terms and conditions hereinatler stated. the applicant does hereby covenant and agree as fellows: 1. Ibc owner promises to comply with all cif the terms of the Agreement in the event the City. as full consideration herein,grants a rezone on the above-describcd property. 2. The owner agrees to perform the terms set forth in Section 4 of this Agreement. Concomitant Zoning Agreement Page l 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 Description. GE:RRY'S ADD., LOTS IS-22, BLOCK 17. The person whose names are subscribed he=rein do hereby certify that they are the ,Ole holders of fee simple interest in the above-described property: OWNER: DELIA HE RNANDEZ SUBSCRIBED AND SWORN to before me this clay of 2010, NOTARY PUBLIC in and for the State of Washington,residing;at, My Commission Expire•, Concomitant Zoning Agreement Page 2 of 2 Item: Rezone C-2 to C- 1 o-,` Vicinity � Applicant: John Ziobro k*,P Y N Map File # • Z 10- 4 Ool �e i \ `` v� `\ 's S11 lit �► �, � SITE k=ti STERLING Exhibit#5 -4!7190 Letter from Sterling Bank SAVINGS BANK STERLING SAVINGS BANK Laura valdez Areo Manager 2801 Ougortail Street Richland,WA 99352 509-628-0968 Fax:509-628-0978 Kennewick In-Store 509-582-7118 CeU:509-366-6616 Laura.valdez @sterli n gsavings.com Laura Valdez Sterling Savings Bank Branch Manager 2801 Duportail Street Richland, WA 99352 RE: Delia Hernandez DBA Promociones Daisy To Whom It May Concern: I have known Delia Hernandez for the past several years. She has been banking at my Financial Institution for many years. Delia has displayed a high degree of integrity and ambition. She has been in business far the past several years and is verysuccessful. I have no doubt in my mind she will continue to be successful in her business. She is also a very honest person.She uses good judgment and has a mature outlook to ensure a logical and practical approach to her endeavors. I am happy to give Delia Hernandez/Promociones Daisy my wholehearted endorsement. Sincerely, l' Laura Valdez 509-3666616 Z B❑ 1 D U P O R T A I L STREET R I C H L A N Q , WA 99 3 5 2- 9 1 ❑ 7 PHONE: 509-626-0968 FAX: 509 - 6 ze- ❑976 Exhibit#6-4115110 Letter from Sterling Bank STERLING SAVINGS BANK April 15, 2010 RE: Delia Hernandez 114S5 1h Ave Pasco, WA 99301 To Whom It May Concern: Delia Hernandez has been a valued custom : _: 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. 1 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 2034 N. 20TH PASCO- WA 99301 -4052 PHONE ( 5 091545-50]0]03 PAX 150]9)547-5275 Exhibit#7 - 4/12/10 Letter from Lowe 0411212010 To whom it may concern: Re; Delia Hernandez 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. 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' f1 iana Lowe Kennewick, WA C4/12/2020 xoll Iti. :F Vic a2i!ir, Exhibit#8 -4112110 Letter from Banner Bank NNER BANK 4112/10 To Whow It N4 v Conce?o: Delia Herrwtdez ha.been a good hank custnmer t'vr over tour years now, Ali of her accounts have poi;.ai agreed yhe works with the manic quickly and efftcienth if we have any requests. I have been D.Ra's account officer for,several years and Delia seems to operate her business its a c�ec t?vat prafiteb4e ft�c tier a;cd the c�cnsnwniiy. She prov=hies a wide 4 array of ser ices and specializes in the specific needs in her community. It is my opinion. Delia is an example of si.jccessful Wumen l Minority owned business that caters to the needs of I.er communky and the community is batter}erause of it. 1 Ivry-rant is A[Thiemens and [am an employee at Banner Bank. M 'lhiemens 1 Commercial Loart Officer _ 820 3 W.(11.anvult,Ssiite 5-.10 * Kenr ew ck,NVA 943-',t; "" 509-735-0,NX1 ► Ftux 509-73r1-0?;2S ► 1Swkv.ban!;et+ja?,k.i..)i;1 t rap' 1A mber FDLC.&4uuui He thing bend-.: Exhibit 99 - 4112110 Letter from SK Realty OtsDeal Btate. Inc. art ic:d is K� To Whkn it'M*Y rancvrW rJFIIJ pF. axe 1)icttacd to write this ieneK .0rt batmit"orNfm i.Jriia Aervankz and(Ca)-Vu 4*bOu.her C,tM Hater vAd hex grew strt+ngth as a ivsiness rPft&Ml- I pasovatii know Mrx I-lemwndrz fbr Sr.L'erx!years bi heat pact scvarat your we bavo uQra fiUAir.p,s]tti�pwchW n-eO a&a r,%lWa in the rri-a iry area 4aa her as a"YU."'r.I W lbe cppertzniry!,.- m-11 ha f:u Ivet rUaincss lowed on 5th avc xb.,)ut S YcA"ajo or SO,sirarc thm..I iaad%bt eimce tt,kao+y her wort persosul?,s�well sbc irr a So(n6 church person we,aiao attend the stunt buddi4 f.x cltumh sengoes I'm Say drat I teamed W irnosv more xbolm her spiritual aide as wcii Dur^4 a.li tb=pest 4)r=7 sho 31tss hec desire to coavert tbw buildu*into a + eoh,4 rg ptm.,;W hAve health'v eracresi.nr jmt 1br the citizewi of the dogs wbtnt alcohi�!ip mit r.�€�ol:td, Sloe secs the�aezi to 1`.avc a uJ�ct��tcrc pwpte a�.t gat�r as a Isrnil} ttr cc:zb�ts unri riaure tv spea,a»ac aarvuk wcnrs liicr butl2ixy's, wtdQut t and tex rc3i irrw3 celebrimma;tray waL'.1 mi tell wt*u 6he is VA pew,i with a pA bnn Wd good snri wcrtdtarU intcx Uvus. She ctFattuue3 tV k=p hex&*aaa alive:srZd I only wink you caa help her ttC}ut•vp'st.I mn at your w icc l''or uty q€atstk,J L SK itsat�srats Inc Windows Live 11otmail Page 1 of I Exhibit#10 -4115110 Letter from Salinas TO WHOM IT MAY CONCERN I have known Celia Hernandez For the Gast couple of years, dunng this penod i learned she is a Honest, hard worlung business woman Dedicated mother and well xnown and care by the community for her constant effort to assist those in need Despite she has a successful business down town Pasoo she offers in their place assistance to the Latino population she contribute with Locals to celebrate Christmas. Thanksgiving.5 de Mayo, Mather s day among other mayor holidays ltwpiv I Salinas TM 51gue Corp Eastern WA and ID 44.5-652 2775 http://col 22w.col l?2.mail.live.com/mail/InboxLight.aspx?I~olderID=00040000-0000-0004... 4/1512010 Exhibit #11 - 4/15/10 Petition Page 1 of 10 EL SALON SANTA CRUZ NECECITA FIRMAS PARA PEDIR ALA CIUDAD DE PASCO QUE ACEPTE CAMBIAR LA SONA Y PERMITIRNOS ACER BAILES PUBLICOS YA QUE CONTAMOS CON TODOS LOS CODIGOS Y EL UNICO PROBLEM ES LA SO NA rv- 4 P 1 S v r1 n <' •„ , y Qcxinci L Ala C r. L l e Exhibit #11 - 4/15/10 Petition Page 2 of 10 EL SALON SANTA CRUZ NECECITA FIRMAS PARA PEDIR ALA CIUDAD DE PASCO QUE ACEPTE CAMBIAR LA SONA Y PERMITIRNOS ACER BAILES PUBLICOS YA QUE CONTAMOS CON TODOS LOS CODIGOS Y EL UNICO PROBLEMA ES LA SONA ir,��,r-+,/,C0 L j 0 Cn i�'C+3 - I C' GL 1 4ifd /041 L U s4 9 e 4' s 7 Exhibit #11 - 4/15110 Petition Page 3 of 10 EL SALON SANTA CRUZ NECECITA FIRMAS PARA PEDIR ALA CIUDAD DE PASCO QUE ACEPTE CAMBIAR LA SONA Y PER "IITIRNOS ACER BAILES PUBLICOS YA QUE CONTAMOS CON TODOS LOS CODIGOS Y EL UNICO PROBLEM ES LA SONA 4 <6•+ Z. f -''�j il A Ad �• O 1 C 7 A fell- i .- ,, r f c.t'L 6 C t c . CL e-V �7 Q Exhibit #11 - 4115110 Petition Page 4 of 10 EL SALON SANTA CRUZ NECECITA FIRMAS PARA PEDIR ALA CIUDAD DE PASCO QUE ACEPTE CAMBIAR LA SONA Y PERMITIRNOS ACER BAILES PUBLICOS YA QUE CONTAMOS CON TODOS LOS CODIGOS Y EL UNICO PROBLEM ES LA SONA el AA�•�P�s Y't/n `a.r.�v-v--f�.r�,en Sr r i K 1 'i i7 Lg� AL / �'� Exhibit #11 - 4115110 Petition Page 5 of 10 EL SALON SANTA CRUZ NECECITA FIRMAS PARA PEDIR ALA CIUDAD DE PASCO QUE ACEPTE CAMBIAR LA SOMA Y PERMITIRNOS ACER BAILES PUBLICOS YA QUE CONTAMOS CON TODOS LOS CODIGOS Y EL UNICO PROBLEM ES r V LA SOt r' O /6 f - O -1 f r wI i' ✓� Exhibit #11 - 4115110 Petition Page 6 of 10 EL SALON SANTA CRUZ NECECITA FIRMAS PARA PEDIR ALA CIUDAD DE PASCO QUE ACEPTE CAMBIAR LA SONA Y PERMITIRNOS ACER BAILES PUBLICOS YA QUE CONTAMOS CON TODOS LOS CODIGOS Y EL UNICO PROBLEMA ES Ij LAZONA -- f A, -- r i^ vierL. t.- ,t Exhibit ##11 - 4115110 Petition Page 7 of 10 EL SALON SANTA CRUZ NECECITA FIRMAS PARA PEDIR ALA CIUDAD DE PASCO QUE ACEPTE CAMBIAR LA SONA Y PERMITIRNOS ACER BAILES PUBLICOS YA QUE CONTAMOS CON TODOS LOS CODIGOS Y EL UNICO PROBLEM ES LA SONA cam. 4o r 1E olt:1 A-tEz Ata•Z &Io ikwu,,C-I ,O f.-A.)ukt 5.0 Q."4u �tc< 14 �[ 4 •- , S J IV C z:- s • r 'CI � E @Q t E zi� s S AMAn. � , Exhibit #11 - 4/15110 Petition Page 8 of 10 EL SALON SANTA CRUZ NECECITA FIRMAS PARA PEDIR ALA CIUDAD DE PASCO QUE ACEPTE CAMBIAR LA BONA Y PERMITIRNOS ACER BAILES PUBLICOS YA QUE CONTAMOS CON TODOS LOS CODIGOS Y EL UNICO PROBLEM ES LA SONA , i ,* X. ' �•o�vC erC� J ' 9 1 • ew / I {' C Exhibit #11 - 4/15110 Petition Page 9 of 10 EL SALON SANTA CRUZ NECECITA FIRMAS PARA PEDIR ALA CIUDAD DE PASCO QUE ACEPTE CAMBIAR LA SONA Y PERMITIRNOS ACER BAILES PUBLICOS YA QUE CONTAMOS CON TODOS LOS CODIGOS Y EL UNICO PROBLEM ES L Q SONA f try __ • — —_— —�+.fir_L _ 1 _^. Y. is Jlf : _ _ 1 ' Exhibit #11 - 4/15/10 Petition Page 10 of 10 EL SALON SANTA CRUZ NECECITA FIRMAS PARA PEDIR ALA CIUDAD DE PASCO QUE ACEPTE CAMBIAR LA SONA Y PERMITIRNOS ACER BAILES PUBLICOS YA QUE CONTAMOS CON TODOS LOS CODIGOS Y EL UNICO PROBLEM ES LA SONA rrnii (k.rrrour+ �; r �sr. .5 K i0l) I �7C:) CN '1Z.-%: I� 1; -'p 013& 11,031,i0111 Exhibit#12 -4112110 Letter from Community First Bank ,%pii1 12.. 2010 R.F.: Bank I'iccomnic iidation Letter .Delia i lvrnandtz 1 1 4 5 S"Ace Pasco. %VA 99 U' Vic) tVtiom lr Ma4° Concern: Delia Hernandez has been a ti.ustomer ofC'otiitntmity 1•Irst 13,tnk Since Augar;t 1001. btiring that time she has maintained a lean r-clationship with our hank drat has heeii h.-Hidic d as agreed We currently have one ouvitanuing loan to Delia Hernandez. The bavk has granted a couple.(A luaus to this borrower znd all have Laid as agreed. I-A Conclusion, Delia Hetriandez is considered to he a valued bushiess ctworner of'Comtnunity First Flank. Please feel free To give nic to cail should you rrq=airc any additional inform-aiion Sinecrel)-, Frank Apodaca Commercial I-nan Officer icer i Exhibit #13 -4/14110 Letter from Westover April 14, 2010 Subject. Letter of Recommendation/Delia Hernandez 7o 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 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. 50, 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. 1 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 1, 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. 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 xuarrant 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. 2) Facts to justify the change on the basis of advancing the public hearth, safety and general rueifare: 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 xuill have on the nature and value of adjoining property and the Comprehensive Fran: 3 Evidence received by the Planning Commission during Bearings 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 oiuners if the request is riot gr-orzted: 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 Co mprehensive Pla n Zo nd a se desig no Lion fo r- 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; L 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; E Amusement game centers; g. Pawn shops; h. Card rooms, bingo parlors, dance halls and similar places; L 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, 2 00 1; 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 i.uith 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 iuill not be mo to Ha lly 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 hall 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) Ther-e is merit and i,alue in thepr-oposal for- the community as a tuhole. "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 Vicinity Item: Rezone C-2 to C- 1 Map Applicant: John Ziobro N File #: Z 10-001 poop SA WP On go A- r SO a �kl Aw- SITE r G r. - Land Item: Rezone C-2 to C- I Use Applicant: John Ziobro D Map File #: Z 10-001 lop LINES ITE 19 r10 Vacant m Zoning Item: Rezone C-2 to C- I Map Applicant: John Ziobro D File #: Z 10-001 I� . r CBOD Item: Rezone C-2 to G I Map Applicant: John Ziobro N File #: Z 10-001 POP III SEEN Central Business WA Overlay District UK 6?4 V;1 &I WA Telquist Ziobro McMillen Attorneys at Law April 1, 2010 Rick White City of Pasco Planning Department 2nd Floor 525 North 3rd Avenue Pasco, WA 99301 Re: Change of Zone Application Owner: Delia Hernandez Property Location: 117 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 hall to a night club. 5. Her business will refuse admission to any person under the influence of alcohol. 6. 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-LAW1 • Fax(509) 737-9500 • www.tzmlaw.com Page 2 of 2 To:Rick White Our File No.09-203 Date: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 liability 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, ZIOBRO & MCMILLEN, PLLC I OHN S. 710BRO j Enclosures JS7Jjr cc. Delia Hernandez(w/enc,) 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-LAW1 • Fax(509) 737-9500 • www.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. '. The owner agrees to perform the terms set forth in Section 4 of this Agreement. Concomitant Zoning Agreement Page I of 2 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 Description. 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: DEL IA HE RNANDE Z SUBSCRIBED AND SWORN to before me this_--day of-------_, 2010. ---------------------- NOTARY PUBLIC in and for the State of Washington, residing at: ------------_ My Commission Expires: ------------_. Concomitant Zoning Agreement Page 2 of 2 Excerpted Transcript of the Planning Commission Meeting Date : April 15, 2010 In Re- Rezone C-2 to C-1 (John Ziobro) 117 S. 5th Avenue Master File No. Z 10-001 ChaRae Kent, OCR, RPR Kent Reporting Phone: 509-027-2244 Fax: 509-027-2299 Kent Repo rting.com STATE OF WASHINGTON CITY OF PASCO In re : Rezone C-2 to C-1 ) Master File (John Ziobro) } No. Z 10-001 117 S . 5th Avenue } PLANNING COMMISSION MEETING TIME : 7 : 00 p .m. , Thursday, April 15, 2010 TAKEN AT: City Hall Pasco, Washington REPORTED BY: ChaRae Kent , CCR, RPR License No . 2408 Paqe 2 1 APPEARANCES FOR PLANNING COMMISSION: 2 MR. TODD SAMUEL - CHAIRMIT'ITT 3 MR. ANDY ANDERSON MR. JAMES L . HAY 4 MR. DAVID O . LITTLE MR. JOE CRUZ 5 MS . JANA KEMPF MR. CARLOS PEREZ FOR THE CITY OF PASCO : MR. DAVID MCDON711LD MR. RICK WHITE MR. SHANE O 'NEILL MS . SOPHIA AQUARIUS 10 11. 12 1:3 14 15 16 17 18 19 20 21 22 23 24 ChaRae Kent, CCR, RPR Kent Reporting * (509) 627-2244 Page 3 BE IT REMEMBERED that on Thursday, April 15, 2010, at 1 : 00 p .m. , at Pasco City Hall , Pasco, Washington, the Planning Commission Meeting was taken before ChaRae Kent, 4 Certified Court Reporter and Registered Professional Reporter . The following proceedings took place : 6 P R O C E E D I ITT ' S MR . SAMUEL : Hello . Good evening . My name is Todd 10 Samuel and I ' d like to welcome you to the City of Paco ' 11 Planning Commission meeting . 12 The purpose of the Planning Commission is to conduct 13 workshop meetings and public hearings on land use, 14 development requests and other selected City of Pasco 15 Planning Activities . To perform our duty, the Planning 16 Commission obtains public testimony, gathers and analyzes 17 information, performs detailed fact finding, and based on 18 information we gather we make recommendation to the Pasco 19 City Council based on what we think would be in the best 20 interest of the City . The City Council taker the record 21 of facts and findings that we create, together with your 22 recommendation and makes the final decision on all 23 matters . 24 So, to begin tonight ' s meeting I ' d like ask the 25 meeting secretary to call the role . ChaRae Kent , CCR, RPR Kent Reporting * ( 509) 627-2244 Page 4 1 MS . AQUARIUS : Mr . Todd Samuel? 2 MR . SAMUEL : Present_ . ? MS . AQUARIUS : Mr . James Hay? 4 MR . HAY : Here . 5 MS . AQUARIUS : Mr . Andy Anderson? 6 MR . ANDERSON : Here . l MS . AQUARIUS : Mr . Davin Little'? 8 MR . LITTLE : Here . 9 MS . AQUARIUS : Mr . Joe Cruz? 10 N_R . CRUZ : Here . 1 MS . AQUARIUS : Ms . Jana Kempf? 2 ID'S . KEMPF : Here . 13 MS . AQUARIUS : Mr . Carlos Perez? 14 MR . PEREZ : Here . 15 MS . AQUARIUS : We have a quorum. 16 MR . SAMUEL: Thank you very much . 17 I would like to remind the audience that tonight ' s 18 proceedings are being broadcast live on PSG Channel 12 on 19 cable and also will be rebroadcast several times . And 20 because of that, I would like you to please check your 21 cell phone and make sure it ' s in the quiet position and 22 doesn ' t end up interrupting our meetings . 23 Also, this meeting tonight is recorded and you can 24 watch it on the City of Pasco ' s website, which is 25 Pasco-WA . gov . ChaRae Kent , CCR, RPR Kent Reportinq 1 ( 509) 627-2244 Page 5 1 I ' ll also remind you that there are copies of the meeting agenda on the back table . So if you would like 3 to follow along with what we ' re doing tonight, you can 4 pick up an agenda back there . For those present this evening, when you give -- when you are given the opportunity to address the Commission, please come up to this podium, state your name and address for our records . 9 Before we begin tonight ' s meeting, also I need to 10 remind the audience and the Planning Commission that the 11 Washington state law requires that public meetings and 1 % hearings like the one being held this evening not only be 13 fair, but appear to be fair . 14 Washington state law prohibits members of the 15 Planning Commission from communicating with members of 16 the public concerning the subject of a public hearing 17 outside of the public hearing meeting . In addition, 18 G�jashington state law prohibits Planning Commission 19 members from participating in a hearing or decision in 20 which the member may have a direct interest or may either 21 be benefitted or harmed by a Planning Commission 22 decision . 23 An objection to any Planning Commission member 24 hearing any matter on tonight ' s agenda needs to be aired 25 at this time or it will be waived. So, first let me ask ChaRae Kent , CCR, RPR Kent Reporting * ( 509) 621-2244 Page 6 the Planning Commission members : Does anyone have a declaration this evening? So, let the record show that none of the Planning 4 Commission members indicated that they had a conflict ,- 5 Secondly, is there anyone in the audience this 6 evening who would object to any of the Planning 7 Commissioners hearing any of the matters on the agenda 8 this evening? So, let the record show that no one in the audience 10 indicated any objection . 11 Washington state law requires items given in 12 meetings like this evening ' s Planning Commission meeting 13 be given under an oath or an affirmation of truth . 14 Therefore, before we go any further, I would like to ask 15 that all individuals who elan to speak at this evening ' s 16 meeting stand and be sworn in . 17 So, anyone who wishes to give testimony tonight, do 18 you swear to tell the truth in the testimony you are 19 about to give tonight; if so, say I do . 20 (AUDIENCE IN UNISON) : I do . 21 MR . SAMUEL : Thank you very much . 22 Ladies and gentlemen, we as a Planning Commission, 23 need and value your input . It helps us to understand the 24 issues more clearly and make better recommendations to 25 the City Council . Furthermore, in many cases your input ChaRae Kent , CCR, RPR Kent Reporting * ( 509) 627-2244 Page 7 1 here at this Planning Commission meeting is your only opportunity to get your facts and opinions placed into the official record that the City Council will use to make its decision . I encourage you to please take full 5 advantage of this opportunity tonight . So, looking at the agenda, the next item is approval of the meeting minutes from our March 18, 2010 meeting. Meeting minutes were mailed out to the commissioners 9 ahead of time . I trust you had an opportunity to take a 10 look at them . 11 I would entertain a motion to approve L e meeting 12 minutes . Mr . Hav? 13 MR . HAY : I ' d like to make a motion that we approve 14 the minutes as mailed. 15 MR . ANDERSON : Second. 16 MR . SAMUEL : It. ' s been moved by Mr . Hay . Seconded 17 by Mr . Anderson . 18 All those in favor say ave . 19 COMMISSI-0N MEMBERS IN UNISON: Ave . 20 MR . SAMUEL : Any opposed? 21 Let the record show that the meeting minutes were 22 unanimously approved. 23 Next item on the agenda is item 4, old business . We 24 have a number of items that Have previously come before 25 the Planning Commission and they ' re here before us on the ChaRae Kent, CCR, RPR Kent Reporting * (509) 627-2244 Page P 1 agenda tonight for us to obtain any further clarification from City staff for us to discuss these items amongst ourselves and to come to a conclusion on what our recommendation to the City Council will be . 5 So, first item is item 4A, which is a request for a rezone . This is a rezone from a C-2 to a C-1 district . The location is 117 South Fifth Avenue . This is master file number Z-10-001 . And we ' ll start our discussion g with any further clarifying comments from the City staff 10 or Director of Economic Development Mr . White . 11 MR . WHITE : Thank you, Mr . Chairman . 12 This a carry-over item from last month ' s meeting 13 and there is additional information that. will be 14 presented tonight that was not available last month . So 15 with your indulgence, Mr . Chairman, I would request that 16 the public hearing be reopened to introduce the new 17 information contained in the staff report . 18 MR . SAMUEL : Very good . Before we reopen the public 19 hearing, just can you summarize for us some of the new 20 information that has been received. 21 MR . WHITE : Yes, I can . As the commission knows, 22 this is a rezone from C-2 to C-1 . It ' s located in the northeast corner of Fifth Avenue and Columbia Street . 24 It ' s a proposal to essentially allow a dance hall as a 25 permitted use on the property indicated on the overhead. ChaRae Kent , CCR, RPR Kent. Reporting * ( 509) 627-2244 Page 9 As the commission also knows, the C-2 zoning regulations were developed in the late 1980s to basically combat an adverse affect that certain business activities were having in the downtown area . 5 Excuse me, Mr . Chairman, before I forget, the 6 Planning Commission received a staff report on the bench this evening and in it on page 4 there were two changes . There was a mistake in reference to the C-2 zoning 9 regulations being adopted in 10-99 . That ' s not in fact 10 true . It is in the late 1960s . And then on the 11 conclusions, page 7 -- excuse me, the motions, there are 12 two motions located at the middle of the page . The :Nord 13 "and" and the word "conclusions" were added to both of 14 those motions . So those are the onlV two chances . 15 Getting back to the background for this item and 16 then the new information . At the last Planning 17 Commission meeting the commission recalls that there was 18 discussion about a concomitant zoning agreement between 19 the applicant and the City to basically establish a list 20 of limiting factors or conditions that would be 21 applicable to the rezone if adopted. The applicant ' s 22 attorney has submitted a proposed concomitant agreement. 23 and you have that in your packet . It ' s also identified 24 on page 3 of the staff report showing the two conditions 25 that were received from the applicant ' s attorney . ChaRae Kent , CCR, RPR Kent Reporting * ( 509) 627-2244 Page 10 The staff position in this matter is that even though the conditions have been developed as indicated, the final analysis still hasn ' t changed: The proposed use of a dance hall that was basically considered one of 5 the activities that proved to be adverse to other 6 business activities located in the downtown area . So, the staff analysis of the review criteria required by Pasco Municipal Code has essentially remained identical to what was given to the commission last month . 10 And the staff factual findings were slightly changed to 11 clearly indicate which uses were permitted presently in 12 the C-2 zone and which uses are presently prohibited, and 13 then a rather ambiguous reference to a nearby nightclub 14 and the activity associated with that was removed from 15 the findings . Essentially, though, the conclusions 16 remain unchanged and the staff recommendation remains 17 unchanged. 18 MR . SAMUEL : Commissioners, any comments or 19 questions of Mr . G�Jhite before we Bear or give the 20 applicant an opportunity for the applicant to provide us 21 with testimony? 22 Okay . Does the applicant wish to speak to us about 23 this matter before we open the public hearing? 24 Because we received additional information this 25 evening, we are going to open this back up to hear from ChaRae Kent , CCR, RPR Kent Reporting * ( 509) 627-2244 Page 11 1 the public again . So, I will gavel open a public hearing 2 and we will accept input from the public . But before we do that , I would be glad to hear from the applicant . 5 MR . ZIOBRO : Thank you, Mr . Chairman . John Ziobro, C, 1333 Columbia Park Trail , Richland, Washington, Suite 110 . We would also like to introduce evidence . So if you 9 are waiting to hear from us , I 'm -just trying to make you 10 understand mechanically I can do that now or -- 11 MR . SAMUEL : Go ahead. 12 MR . ZIOBRO : -- do vou want to Have the hearing? 13 MR . SAMUEL : No . Go ahead now. 1 4 MR . ZIOBRO : Just a couple corrunents on the staf f 15 report and some follow-up comments from those that I made 16 to the commission back in March . 7. 7 WG, represented that the square footage is 8, 00o 18 square feet . I think we also made an invitation to staff 19 to come inspect and/or verify because it also relates to 20 parking . And I don ' t believe the staff report reflects 21 one way or another . In fact, my version of the staff 22 report still represents this is an 18 , 000 square foot 23 facility . So we ' d like the record to make clear, we ' re 24 representing it ' s 8, 000 square feet and we trunk parking 25 should be evaluated based on an 6, 000 square foot. ChaRae Kent , CCR, RPR Kent Reporting * ( 509) 627-2244 Page 12 1 building . MR . SAMUEL : Let me just be clear about something because there was confusion about that in my mind. And 7 since we are now in the public hearing again, we can ask 5 questions and gain additional information . L So my question is : Is the facility 18, 000 square feet but the portion of the facility that the dance hall is part of is 8, 000 square feet; is that correct? MR . ZIOBRO : Correct . 10 MR . SAMUEL : So the facility itself, though, the 11 location is an 18, 000 square foot facility? 12 MR . ZIOBRO : Correct . 13 MR . SAMUEL : Of which 6, 000 of it would be used for 14 a dance hall? 15 MR . ZIOBRO : Correct . 16 MR . SAMUEL : Okay . 17 MR . ZIOBRO : My client Dalia Hernandez is here . She 18 has secured, at least to-date, a verbal approval from an 19 adjacent business owner to use his parking space during 20 business hours . I think if we proceed forward we can 21 provide a written agreement that would demonstrate she' s 22 making steps and she hasn 't reached the threshold for 23 minimum parking, that that can be obtained . 24 I ' m still a little troubled about the fact that the 25 staff has made reference to events from the ' 80s and ChaRae Kent, CCR, RPR Kent Reporting * (509) 627-2244 Page 13 1 police reports that we ask be made part of the record so we would at least have the ability to evaluate how much weight to give these reports and they weren ' t attached. And, you know, I think you certainly have the discretion to decide how much weight to give any evidence that ' s 6 before you . But, you know, we ' re being asked to defend a 7 position without the benefit of any specific facts or old 8 staff reports or police reports . And so I would 9 encourage the board to give them no weight because it ' . 10 simply someone' s recitation of events from several years 11 ago and we have no ability to refute any of the 12 information contained within it . 13 The other thing I would like to do is -- I 'm not 14 making any representation as to the legal Tn7eight of the 15 information I 'm going to provide, but I think they ' re 16 symbolic of what you have here . You have an applicant. in 17 a community that supports the application and the only 18 resistance we ' re meeting is at the staff level . 19 So what I would like to do is hand up -- I have five 20 letters, or more, in support . One is from a member of 21 Ms . Hernandez ' church. It is more to her character. 22 I have a letter from Sterling Bank related to -- I 23 think it relates somewhat to her credit worthiness, but 24 also as to her standing as a business client for 25 Sterling . I Have two letters from Sterling. One from a ChaRae Kent , CCR, RPR Kent Reporting * (509) 627-2244 Pdg e 14 1 distant individual in support . Another letter from Banner Bank. And another letter from a commercial loan officer from SK Real Estate . And other character letters . The last thing -- and I brought three copies of 6 these . She has a petition of nearby business owners . 1 It ' s one, two, three, four, five, six, seven, eight, nine 8 pages of nearby business owners that are in support of her application . And again, I leave it to the board ho:: 10 much weight to give them. But I think one thing that can 11 be said about this application is in terms of the 12 community, there' s no opposition to the application . 13 So if I could hand these to the clerk . 14 MR . SAMUEL : Yes, please. 15 MR . ZIOBRO : The only other thing I would like to 16 add is we did provide a copy of the development agreement. 17 or concomitant agreement and we provided a letter to 18 staff . And we ' ve invited the opportunity to improve it 19 or craft it in a way that addresses the staff needs . 20 It sounds like at the end of the day the staff does 21 not support a dance hall period. We think there' s an 22 ability to do this . And we also think that -- and maybe 23 staff can comment on it -- to the business license 24 procedure. You can revoke a business license for certain 25 violations . Maybe what we can do is have some conditions ChaRae Kent , CCR, RPR Kent Reporting * (509) 627-2244 Page 15 1 built into the business license or recommendation to do 2 that . But there seems to be a bit of an effort here to not 4 let my client get out of the gates and see if she can 5 make this work, based upon a history that doesn ' t pertain 6 to her property or to her use or to this decade . And I trunk it would be disappointing to not give her the 8 opportunity to prove that she can make this work . She ' s 9 done an awful lot to try to make it Happen . And we -Mould 10 ask that you provide a favorable recommendation tonight . 1 My client is going to address the commission . 12 If you have any questions , I might come back up and 13 try to assist her . But those are all comments I have 14 unless the commission has some specific questions . 15 MR . SAMUEL : Any questions for Mr . Ziobro? 6 All right . Thank you very much . 17 MR . ZIOBRO : Thank you . 18 MR . SAMUEL : Ms . Hernandez , you wish to speak to us 19 about this? 20 State your name and address for the record . 21 MS . HERNANDEZ : Dalia Hernandez, 407 E . 4th Avenue 22 in Pasco . 23 And this is Florentino Cortez, my neighbor , who can 21 let me use the parking in the evening . And I really feel 25 good with people who call me and they gave me their ChaRae Kent , CCR, RPR Kent Reporting * (509) 527-2244 Page 1G 1 support after the newspaper put an ad . And I am sure that a lot of people there agree . And I have support from the people from the radios . And I know the only people to come here that come with me . . . (Inaudible) . I 5 believe I am going to be doing good for the business and G I forgot to pay the people the money. I want to show you 7 the money that we make the whole year cashing checks . And like I understand that you guys want to bring people to the building and make good business and I can show you 10 that I am doing good with my store. But this is like -- 11 I don ' t know how to say -- dream of me and my kids to get. 12 something fun and nice here . 13 Do you want to ask them for questions? They are 14 here to support it . 15 MR . SAMUEL : Before you step away, Commissioners, 16 any questions of the applicant? 17 MR . SAMUEL : All right . Thank you. Thank you very 18 much . 19 MR . SAMUEL : All right . So what we ' re going to do 20 is open this up to hear from the public now. So, anyone 21 who wishes to provide us with any input either for or 22 against this item, please come forward and let us know 23 what you think about this . 24 MS . DELIA TABON: My name is Delia Tabon . My 25 address is 419 East Bruneau Place, Kennewick, Washington . ChaRae Kent , CCR, RPR Kent Reporting * (509) 627-2244 Page 17 I just recently graduated from Heritage University as a teacher and I work a lot with low income families and I know the Hispanic community has a lot of troubles 4 and maybe that ' s based on what they see in downtown Pasco 5 area . And one of the greatest things for our family 6 :mould be to open up somewhere where kids can go and have fun -- not just a dance club, but open after school like dance activities where kids can practice dance from our 9 culture, which isn ' t in our community right now . Like 10 they do in New York where they have free activities where 11 kids can be off the street and doing something useful for 12 the community. 13 So, it is not just -- and we support no drinking. 14 And so something where we can bring our culture . 15 Currently we Have -- there ' s a lots of clubs where our 16 culture -- people go down because there ' s -- it ' s only 17 alcohol . And we want somewhere where we can go and 18 support , remember our culture and show who we are but 19 without supporting the alcohol . Thank you . 20 MR . SAMUEL : Thank you very much . Appreciate that. . 21 Other individuals who wish to speak either for or 22 against this item? 23 MS . ELIZABETH TABON: Elizabeth Tabon, 1316 1,11est 24 Yakima Street in Pasco . 25 I support this decision . I am a WST7 student and I ChaRae Kent , CCR, RPR Kent Reporting * (509) 627-2244 Page 18 1 know the affect of wanting to have fun with no alcohol . And we worked really, really hard in school and we just :rant that time, you know, to have our own fun and not being able to dance along somebody that ' s currently over 5 the legal limit . So I think it ' s a great opportunity. 6 You know, I know maybe some of you guys have kids of 7 your own age 21 , 22, or maybe in high school, that want 8 to have a great place to dance, have fun and be able to C' feel safe in our community . We have such a great 10 opportunity . I know this business project is going to be 11 a great success not only for you guys where you guys are 12 going to have economical gain with our taxes . But also 13 you guys are going have a great start because our youth 14 out there is going to see how objectively you guys are 15 taking this decision to help us out and how you guys are 16 actually seeing our side for this . 17 And if you are ever worried about what could 18 potentially happen if something were to happen to my mom, 19 you can guarantee or be sure that we are going to take 20 over. I am a criminal justice major but I am going to 21 minor in business . So I will be there. So definitely 22 you can count on that . 2:3 Any questions? 24 MR . SAMUEL : No . Thank you very much . I appreciate 25 that . ChaRae Kent , CCR, RPR Kent Reporting * (509) 627-2244 Page 19 1 Other individuals who wish to speak either for our 2 or against this item? 3 MS . CASTRO : My name is Ramona Castro . I live at 4 5120 Robert Mayne Drive . And I swear to tell the truth . 5 MR . SAMUEL : Thank you very much . Appreciate that . 6 MS . CASTRO : Integrity . It seems like before I was 7 getting ready to come over here this afternoon . . . 8 Integrity, the word integrity is highly in my brain 9 tonight . And I had the opportunity not only to know the 10 young lady that owns the businesses . But I am so proud, 11 like I ' ve said before, to see the lineage that I ' ve had 12 contact with in my business or in my profession . And now 13 the girls are adding to the bouquet of integrity, not 14 only integrity but pride . Pride of owning something . 15 Ownership, owning and being part of the growth of Pasco . 16 I think that ' s what we ' re all about . 17 As commissioners give their time and come to this 18 hour, you know, to hear all of the businesses . It ' s 19 because business is what we ' re about now in this time, in 20 our time of lack, or lack of jobs, and so on and so 21 forth . I have had the opportunity to be in her business . 22 And for the time that I was there, children are happy, 23 the colors are happy around the business . And if 24 children, little two year old, three year olds are happy, 25 and eating not only candy but eating good food, wherever ChaRae Kent , CCR, RPR Kent Reporting * ( 509) 627-2244 Page 20 1 they are sitting . 2 And I see the people coming in the business of the z, exchange of changing or cashing checks, or whatever, the 4 integrity is there, the pride and the responsibility . I 5 think those three things are very obvious in Daisy . And 6 I call her Daisy because that ' s how I ' ve known her . And I 'm so proud of you, Daisy, and your children . My goodness sakes . This is -- being a citizen of the 9 Tri-Cities, you guys you brought in %our business . And 10 in your jobs that you have had as policeman -- because I 11 know some of you have been policeman, I know, I ' ve been 12 here for a long time -- and probably investigators and so 13 you see this is growth in the small business is what 14 we ' re going to be making . 15 I am a business woman . Nobody Here knows that I 16 have been in business . But I ' ve had integrity with the 17 IRS . I ' ve had integrity in my books . And this is what. 18 you are going two see here . I 'm supporting Here in her 19 endeavors because I do not believe in alcohol . And I 20 know that she will stand for it . And if she has to stop 21 it , she ' ll stop it because she has integrity . Thank you . 22 MR . SAMUEL : Any other individuals who wish to speak 23 either for or against this item? 24 MR . ZIOBRO : Hi, John Ziobro again . 25 I just wanted to point out one item. Do you mind if ChaRae Kent , CCR, RPR Kent Reporting * ( 509) 627-2244 Pac)e 21 I approach the screen? MR . SAMUEL : Nobody can see if you approach the scene . You ' ll have to try to figure out how to use the 4 cursor . There you go . 5 MR . ZIOBRO : Is there a wav to switch over? L MR . SAMUEL : If Denise is here there is . I don ' t think Denise is here tonight . MR . ZIOBRO : If I remember right from last time . There you go . 10 The neighboring property owner who was introduced, 11 this is his lot here ( indicated) . He represented to me 12 he thinks he has about 50 parking spaces . But again, I 13 think I would defer to, you know, the planning staff ' s 14 more technical analysis as to how many parking spaces 15 that would be . But again, ::Mien you are talking about an 16 8, 000 square foot building, the parking she has in the 17 nearby parking, I just think the record should be clear 18 we think as many as 50 additional parking spaces that we 19 could provide an agreement that I think would memorialize 0 that. . 21 MR . SAMUEL : Go ahead and step back . Switch it back 22 to the way you had it before . 23 Other individuals who wish to speak either for or 24 against this item? 25 Second call for any additional input . ChaRae Kent , CCR, RPR Kent Reporting * ( 509) 627-2244 F'a'=J 222 Third and final call . All right . City staff , you ' ve Beard from the applicant; you ' ve heard from the community . Specifically 4 I do recall from our last meeting that the applicant. that. 5 brought up the request to see some of the reports L regarding police activity or crime activity in that area . Do you have any comment with regard to that? From your standpoint is that a reasonable request or it ' s not a g reasonable request? 10 MR . WHITE : My recollection was it pertained to one 11 particular address . Those were available for the 12 applicant to review. They :%?eren ' t included in the staff 13 report in this month ' s version of the staff report., nor 14 in the suggested and recommended findings . 15 MR . SAMUEL : Okay . So City% staff ' s response would 16 be that if the applicant wanted to get the records on 17 this or wanted it to be part of the record, the applicant 18 should have made the effort to obtain the records 19 themselves to enter into the record? 20 [IR . WHITE : Udell , certainly . The police records are 21 fairly limited. They indicate what the codes were . 22 Mal M, I believe, for example, meant malicious mischief 23 and that is as far as they go . So there ' s no detail in 24 those . They ' re available . I didn ' t believe it was 25 pertinent to the discussion as suggested in fact by the ChaRae Kent , CCR, RPR Kent Reporting * ( 509) 627-2244 Pa'=J 223 applicant last month . MR . SAMUEL : Okay . Very good. Commissioners, any comments or questions about this 4 particular item? Mr . Little? 5 MR . LITTLE : Yes, I have. As far as the central business overlay, how is the recent activities of the partnership or involvement with the grant through CBC and the City and how does that -- I guess what are their intentions or how have they improved downtown? 10 MR . WHITE : Commissioner Little, they ' re focused on 11 providing personalized business, education, and support 12 to existing businesses . And then they ' re also charged 13 with helping the Pasco Downtown Development Association ' s 14 work through the block grant process for facade 15 improvements . So they are basically not related to this 16 issue at all . 17 MR . SAMUEL : Any other questions before I close this 18 and we begin our deliberations? 19 All right . I ' m going to go ahead and close the 20 public hearing. 21 Commissioners, what is your thoughts on this 22 particular item before we decide to make a decision on this? Do you have some thoughts or opinions on this? 24 Mr . Cruz? 25 MR . CRUZ : I ' ll throw the same rock I threw last ChaRae Kent , CCR, RPR Kent Reporting * (509) 627-2244 Pa'=J 24 1 time . You know, again , I appreciate the staff ' s position 2 about trying to preserve the positive change we 've seen 3 in Pasco . The continued reference to a dance hall, much like the kind that Commissioner Anderson talked about in the past, like we ' ve seen in some of the current businesses, I just don ' t think that ' s warranted Here . The staff report -- like I said last time -- was to take a different -- take maybe a broader view of what the 9 applicant ' s intended use was to try to work out a 10 compromise so we can actually rule . This is a 11 regurgitation of last time with a little bit. of 12 refinement . 13 So, as far as I 'm concerned, I would just as soon 14 send it back because I don ' t think we ' ve done the 15 applicant Justice . 16 MR . SAMUEL : Other comments? Mr . Anderson? 17 MR . ANDERSON : Surprise . My thoughts on this are 18 that when the applicant ]--,ought this piece of property she 19 knew that was in a C-2 zoning district -- or I would Hope 20 that it was told to her during the process of buying the 21 building . There was a specific reason for developing 22 this area into a C-2 district. -- and that hasn ' t changed 23 -- it is to try to develop businesses in this area . It ' s 24 part of the central business district , which is 25 restrictive in covenants . And hopefully it was disclosed ChaRae Kent , CCR, RPR Kent. Reporting * ( 509) 627-2244 Pack e 25 1 to the applicant when she bought the building . Yeah, I applaud her for her ambitions and what she ' s done down there . Because I think she does have a viable 4 business down there . But expanding this piece of 5 property and opening it up as a dance hall and changing 6 the zoning is not consistent with that overlay, to the 7 central business overlay . And therefore, it ' s my opinion 8 and my standing that this request for a zoning change is 9 without any substance and should 1 be denied . 10 MR . SAMUEL : Other commissioner ' s comments either 11 for or against this item? 12 These comments are going to help City Council make a 13 good decision on what to do here . I know a lot of times, 14 if we are denying something, they specificallv want to 15 try to understand what our thinking is on this . So any 16 additional information that we can input into the record 17 will help the City Council . Mr . Hay? 18 MR . HAY : I pretty much echo Commissioner Anderson ' s 19 comments . The only way I could support anything like 20 this Sn7ould be with some kind of a time limit, perhaps six 21 months or a year . That ' s about the only way I could see 22 something like this that I would agree with . 23 MR . SAMUEL : Okay . Other comments? Mr . Cruz? 24 MR . CRUZ : Mr . Hay ' s comments is exactly the kind of 25 thing I 'm talking about here . We ' ve done shorter ChaRae Kent , CCR, RPR Kent Reporting * ( 509) 627-2244 Page G6 1 duration kind of permits or agreements in the past or reviews . You know, I ' m totally in support of something like that to protect us from some of the negative consequences . 5 But again, I don ' t think that the staff has done the 6 applicant justice here . And again, we ' ve heard a lot 7 about support . We' ve heard a willingness to work on some 8 revisions . You know, I look at the C-2 prohibited g businesses, and again, there ' s a pretty common theme 10 there . What we ' re talking about here isn ' t exactly like 11 a lot of those other things and I think we need to give 12 it some real consideration and this second rev doesn ' t do 13 it . 14 MR . SAM??EL : Oka-,,7 . Other comments? 15 Let me make a comment -- actually, I prepared a 16 comment about this, so I 'm just going to read it into the 17 record. It is my own feeling about this . So, first. let 18 me start by saying that I want to thank the applicant, 19 Ms . Hernandez, for her support for the business community 20 and certainly for thinking about the needs of our youth . 21 I further want to thank I1,1s . Hernandez for investment 22 in Pasco and for the operation of her multiple other 23 businesses in our community . Her desire and dedication 24 to building and growing business in Pasco is very much 25 appreciated. ChaRae Kent , CCR, RPR Kent Reporting * (509) 627-2244 Pack e 27 According to the records of the City of Pasco and the Planning Commission ' s records and City Council records have taken up the question numerous times over the past 25 years regarding what type of zoning is 5 appropriate for a downtown area. What types of businesses will support the kind of revitalization and 7 business growth, public image, and reputation that we as 8 a community want for our downtown . 9 Over the past 25 years Hours and Hours of testimony 10 have been received from City staff and residents and 11 business owners -- testimony very similar to what we have 12 received on the matter before us tonight . The planning 13 and zoning policy of the City of Pasco has been in place 14 since the 1980s has been to specifically prohibit 15 businesses from being established in the central business 16 district like the business being proposed by the 17 applicant -- a dance hall . 18 The reason for this prohibition is because the 19 evidence and the testimony received has repeatedly 20 indicated over the past 25 years that dance halls and 21 some similar places have a demonstrated history of 22 contributing to general public disorder, loitering, 23 nuisance and other acts det-rimental to the public image 24 of the area. This is contained in PMC Section 25 . 44 . 050 . 25 Since the 1980s the City of Pasco rezoned the ChaRae Kent , CCR, RPR Kent Reporting * ( 509) 627-2244 Page 28 1 central business district_ to C-2 and we have all witnessed -- at least I have in the 27 years I ' ve been lived in the Tri-Cities -- I ' ve witnessed a steady progress and revitalization that the downtown area has 5 undergone . The proposed business is just not compatible with the planning and direction that the community wants for this area of the city . There would have to be a very 3 compelling testimony -- which I have not heard -- 9 together with detailed plans presented to convince me to 10 vote to recommend that we take a risk to approve a type 11 of business that has demonstrated unfavorable History 12 that has been specifically prohibited by previous Pasco 13 Planning Commissions and City Councils . 14 I agree with the staff ' s findings of fact in this 15 matter and I believe that we, as a Planning Commission, 16 should vote no on this rezone and recommend to the City 17 Council that they deny this request . I think it ' s 18 regrettable that I have to take that position . Because I 19 think we received a significant amount of testimony that 20 there ' s a portion of this community that really believes 21 that we need to Have something like that . 22 I think, like we ' ve discussed at several Planning 23 Commission meetings before on several other topics, it ' s 24 not only the type of business, but it is the location of 25 the business . And I think that this particular location ChaRae Kent , CCR, RPR Kent Reporting * ( 509) 627-2244 F'ag is not the right location in our community for this type of business . And that ' s what the previous Planning Commissions have decided and that ' s what the previous City Councils have decided and I will be -- I would be 5 hesitant, if not outright opposed, to going against what we ' ve learned, the lessons learned over the last 27 7 years . 8 Other comments or questions? Mr . Anderson? 9 MR . ANDERSON : Mr . Chair, would you entertain a 10 motion? 11 MR . SAMUEL : I would. 12 MR . ANDERSON : I move the Planning Commission adopt 13 the findings of fact and conclusions as contained in the 14 March 10, 2010 staff report . 15 MS . KEMPF : Second. 16 MR . SAMUEL : It ' s been moved by Mr . Anderson . 17 Seconded by Ms . Kempf . 18 All those in favor say aye . 19 COMMISSION MEMBERS IN UTNISON: Ave . 20 MR . SAMUEL : Any opposed? 21 MR . CRUZ : Aye . 22 MR . HAY : Aye . 23 MR . SAMUEL : Let the record reflect that Mr . Cruz is 24 opposed and Mr . Hay is also opposed . 25 MR . ANDERSON : Mr . Chair, I move based on the ChaRae Kent , CCR, RPR Kent Reporting * ( 509) 627-2244 Page 30 1 findings of fact and conclusions as adopted the Planning Commission recommend the City Council deny a rezone for ? property at 117 South Fifth Avenue from C-2 to C-1 to Y allow for a dance hall use . 5 MS . KEMPF : Second. G MR . SAMUEL : It ' s been moved by Mr . Anderson . 7 Seconded by Ms . Kempf . All those in favor say aye . 8 COM1,IISSION MEMBERS IN UNISON: Aye . a MR . SAMUEL : All those opposed? 10 MR . CRUZ . Aye . 11 MR . HAY : A-,,7e . 12 MR . SAMUEL : So, let the record show that Mr . Cruz 13 and Mr . Hay voted no . 14 The majority of the Planning Commission has voted to 15 recommend to City Council that we deny this rezone . 16 Mr . White, what is the next step forward on this 17 item? 18 MR . WHITE : This will proceed to Cite Council for a 19 formal adoption of the decision on Maki 3rd, I believe, 20 unless an appeal is received. And if that ' s the case, 21 then it will be delayed until the transcript is prepared 22 and be brought to City Council at a later date . 23 MR . SAMUEL : Very good . Thank you very much . 24 Next item on the agenda is item number 43, a request 25 for a special permit . ChaRae Kent , CCR, RPR Kent Reporting * ( 509) 527-2244 Page 31 ( ITEM CONCLUDED AT 7 : 39 P .M. ) r� 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ChaRae Kent , CCR, RPR Kent- Reporting * ( 509) 627-2244 Fd`-je 32 C E R T I F I C A T E 2 STATE OF WASHINGTON ) ) ss . COUNTY OF BENTON ) This is to certify that I, ChaRae Kent, Certified 5 Court Reporter and Notary Public in and for the State of 6 Washington, residing at Richland, reported the within and foregoing Planning Commission meeting; that said Planning Commission meeting was taken by me in shorthand and thereafter transcril-Jed, and that same is a true and 10 correct record of the testirnon�, . 11 I further certify that I am not a relative or 12 employee or attorney or counsel of any the parties, nor 13 am I financially interested in the outcome of the cause . 14 IN WITNESS WHEREOF, I have hereunto set my hand and 15 affixed my official seal this day of , 16 2010 . 17 1s 19 CHARAE KENT, RPR, CCR 20 CCR NO . 2408 Notary Public in and for the State 21 of Washington, residing at Richland GG 23 24 My commission expires January 17, 2012 25 ChaRae Kent, CCR, RPR Kent Reporting * (509) 627-2244 AGENDA REPORT FOR: City Council April ''3, ''010 TO: Gary Crutchfield, City Manager Regular Mtg.: 513110 Rick White. Community & Economic Development Director FROM: Jeffrey B. Adams. Associate Planner SUBJECT: REZONE (MF# Z 1(_1-(_1(_11 ): Rezone from C to C-1 (dance hall use - 117 S. 5`h Avenue) I. REFERENCES): 1. Vicinity Map 2 Planning Commission Reports: Dated 3/18/10 and 4/15/10 3. Planning Commission Minutes: Dated 3/18/10 and 4/15/10 II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 5/3: MOTION: I move to accept the Planning Commission recommendation to deny the rezone at 117 S. 5th 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. 5th Avenue for the operation of a dance hall. B. Following conduct of 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. MINUTES REGULAR MEETING PASC©CITY COUNCIL MAY 3,2010 CALL TO ORDER: _. The meeting was called to order at 7:00 p.m.by Matt Watkins,Mayor. ROLL CALL: Councilmemmbers present. Rebecca Francik, Robert Hoffmann, Tom Larsen, Matt Watkins and Al Yeaney.Absent:Mike Garrison. -- Staff present, Gary CrutchficM,City Manages; Patrick Galloway, Al 4in&City A.tbcsrncy: Richard Tcrway, Administrative & Community Services Director; Rick White, Community do Economic Development Director, Bob Alberts, Public Works Director, Michael McShane,City Enginccr;and Destls Austin,Police Chief. The mocting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated April 19,2010. (b) Bids and Conmunicad wcs: To approve General Claims in the amount of 51,362,197.60($268,561.46 in the form of Wire Transfer Nos.5355 and 5459;55,473.56 in the form of Electronic Fund Transfer No. 3015;trod 53,088,162.58 consisting of Claim Wanwta numbered 176663 through 176860). To approve Payroll Claims in the amount of&1,867,140.46,Voucher Nos.40892 through 40967;and EFT Deposit Noss.30036817 through 30037353. (r) Appointments to Parks&Recreation Advisory Council: 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 elate:of 7J2f2013)to the Parks&Recreation Advisory Council. (d) Final Plat(MF XFPIO-Wl.):Brosidmmr Estates Phase 5(New Tradition Homes): ...» To approve the Final Plat for Broaftoor fstates Phase 5. (e) Final Plat(MF#F'PID-064);Casa Del Sol Divlaloa 2,Phase 2(Monogram —.. Homes): To approve the Final Plat for Casa DeJ Sol Division 2,Phase 2. -- M Resolution No.3234,a Resolution Krxntiug sigsaturc authority for the Neighborlitood Stabilization Program(NSP)Plan Activitler. To approve Reaolution No.3234,authortztng the City Manager to execute xecute all documents related to the aoquisition,rehabilitation and resale:of real properties for tl e Neighborhood Stabilization Program. (g) Resolution No.3235,a Resolution granting signature authority for Community Housing improvement Program(CHIP)Aetivitiex. To approve Resolution No.3235,authorizing the City Manager to execute:all documents redsaet to the acquisition,rehabilitation and resale:of veal properties for the Cummunity Hcnusing Improvement Program. .r 1 MINUTES REGULAR MEETING PASCO CITY COUNCIL MAY 3,2410 _ MOTION:Ms.Francik moved to approve the Consent Agenda as read. Mr.Yenney seconded.Motion carried by unanimous Roll Call vote. REPORTS FROM COMMITTERS.AND/OR OFFICERS: Mr.Yenney attended the Benton Franklin Community Action Com mittoc meeting,Cirteo _ do Mayo parade and the Th-Citian of the Year event Mr.Larsen attended)the Emergency Medical Services Board meeting. Mr.Hoffmann participated in the Cince de Mayo parade. Ms.Francik attended the Public Facilities District Board meeting and the Benton Franklin Affordability Housing Trust meeting. -- Mr.Watkins attended the Cusco do Mayo parade,the Tri-C'itian of the Year event,the Hispanic Academic Achievers program and the Public Facilities District Board meeting. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Street Vacation(MF NYACIQ-04)s A plan of Road 86(Jack Binger). Mr.White explained the details of the propowd vacation. Mr.Yenney declared Mr.Bunger contacted him regarding his property,but they did not dtscuss this issue and noted he can remain impartial.'There were no objeoions to his participation. MAYOR WATKINS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE VACATION. FOLU)WrNG THREE CAI.f S FOR commENTS,EITHER FOR OR AGAINST,AND THERE BEING NONE,MAYOR WATKINS DECLARED THE PUBLIC HEARING CLOSED. Ord isaace No.39-9,as O rdinxnre vacating a portion of Road 66_ MOTION: Ms.Frwwik moved to adopt Ordinance No.3959,vacating a portion of Road �.. 86 and,fiarther,authorize publication by summary only.Mr.Yenney seconded.Motion carried unanimously. Street Vacation(MF#VAC09-015):A portion of Road 32 and a portion of Nikon Street(Good News Chureh)� Council and staff discussed the proposed vacation, MAYOR WATKINS DECLARED T7fE PUBLIC HEARING OPEN TO CANSIDFR THE VACATION. FOLLOWING THREE CAII S FOR COMMENTS,EITHER FOR OR AGAINST,AND THERE BEING NONE,MAYOR WATKINS DECLARED THE PUBLIC HEARING CLOSED. Ordinance Na_3960,an Ordivaaoe vacating a portion of Road 32 and a portion of Nixon Street. MOTION: Ms.Francik moved to adopt Ordinance No.3960,vacating a portion of Road 32 and Nixon Street anal,furtl=,authodze publication by smeary only.Aril.Yexrtrey -- seconded.Motion carried unanimously. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL. MAY 3,2010 ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Special Permit(Closed Record Hearing): Locations of 2 caretaker residence in an 1-1 Zane(505 S.26th Avenue)(Gemmell Is Welding&Service Sbop)(MF M Io496). Mr.Galloway explained the process of a closed record hearing. n� Mr.Yenncy disclosed he did business with the applicant in the pit� past,but has not had -- contact with the applicant on this issue and can remain impartial.There were no objections to his participation. MAYOR WA KINS DEC I RED THE CLOSED RECORD HEAR[NG OPEN TO CONSIDER THE SPECIAL,PERmrr. Council discussed the record. MOTION:Mr.Yenney moved to table action on the Spacial Permit application until May 17,2010 to allow staff time to prepare a Resolution of approval with findings and conditions of approval.Mr.Larsen seconded.Motion carried by unanimous Roll Call vote. Ordinance No.3%1,an Ordluame of the City of Pasco,Washington sommding Pasco Municipal Code Sectimu 3.07.160(Water User Fes),3.07.170(Suer User Fees)and 3.07.210(Irrigntiaa water Utility)regarding utility rates. Council and staff discussed the proposed utility cotta. MOTION:Ms.Fmneik moved to adopt Ordinance No.3%1,providing for adjustments to water and sewer utility rates effective July 1,2010 and to irrigation rates effective January 1,2011,and amending Chapter 107 of the Prior Municipal Code regarding utility rates and,further,authorize publication only.Mr.Yenncy seconded. MOTION:Mr,Larsen moved to table this item.There was no second. MOTION:Ms.Francik moved to amend the previous motion to read"publication by summary only."Mr.Hoffli to seconded.Motion carried unanimously. Original motion as amended carried 41.No—Larsen. -- Mayor Watkins called a recess at 8:20 p.m. Mayor Watkins called the meeting back to order at 8:30 p.m. Resolution No.3236,2 Resolution aempdag the Planning Comsisdox's -- recommendation and approving a Special Perualt for the location of a Conmunity Service Fatility for La Clixks. Mr.White explained the details of the Special Permit. MOTION:Ms.Francik moved to approve Resolution No.3236,approving the Special Permit for the location of the La Clinica Community Service Facility at 715 W.Court Street as recattxmended by the Planning Commission. Mr.Ycaney seconded.Motion carried unanimously. Retrolutiws No.3237,a Resolutiox accepting the Planning CommlWon's recoxsaxwdstion and approving a Special Permit for the location of an auto body shut at 1918 N.4th Avenue. Mr.Whitc txpWnad the details of the Special Permit. 3 ! MINUTES RE(3UT..AR MEETING PASCO CITY COUNCIL MAY 3,2410 MOTION:Ms.Francik moved to approve Resolution No.3237,approving the Special Permit for the location of an auto body shop at 1948 N.4th Avenue as recommended by the Planning Commission.Mr.Yenncy seconded.Motion carried unanimously. Resolution No. 32311,a Resole6en acceptin tbw Planning Comad"lowt"s ream mendadox and approviag a Special Fermat for a chttrch at 1341 W.Sylvester Street. Mr.White axplsiaai the details of the Special Permit. -- ! MOTION:Ms.Francik moved to approve Resolution No.3238,approving a Special Permit for the location of a church at 1341 W.Sylvester Strut.Mr. Yeaney seconded. Motion carried unanimously. Resolution No. 3239,a Resolubm accepting the Planning Convide*lon's recornmeadation and approving a Special Permit for a temporary membrane struetttre at 9811 N.Avery Avenue. Mr.White explained the details of the Special Permit. Mr.Yenney declared he has a financial interest in this prop"and reo used himself from this issue and Icfl the council chamber. � MOTION:Ms.FratRoik to approve Resolution No. 3239,approving a Special Permit for the location of a tcmpormy membrane structure at 900 N.Avery Avenue.Mr.Hoffmann seconded.Motion carried unanimously. Mr.Yenney tetumed to the council chamber. Resolution No.3240,a Resole iott approving a Preliminary Plat for West Pasco Terrace, 11 II i NTDMON+ Ms.Franeik moved to approve Resolution No.3240,approving the ... Preliminary Plat for West Pasco Terrace. Mr.Yenney seconded.Motion carried unanimously. NEW BUSINESS: Rezone(MF#Z10-001): Rezone from C-2 to C-1(dance bail.nee-117 S,Sth MOTION:Ms.Francik moved to Accept the Planning Conunission recommcndstion to deity the rezone at 117 S.Sth Avenue from C-2 to C-C for the operation of a dance hall. Mr.Watkins seconded.Motion failed 2-1 No—Hoffmann,Larsen,Yeeuncy, MOTION:Mr.Yertncy movood to remand this issue back to the planning ceoianmission for fiathcr cxaminntian of panting,size of hall and aleohol use.Mr.L.arst ri seconded.Motion carried unanimously. , 3 Dedication Deed.(Ml*#INFO IM30)Dedicating the northeast corner of Oregon Avenue and East Ltwh Sta+ret(Benjamin Lee): MOTION:Ms.Francik moved to accept the dedication deed from Benjamin Loc for additional right-of-way at the northeast corner of Oregon Avenue and East Lewis Sultct. Mr.Ymmey seco dod,Motion carried unanimously. 2018 Crack Stal,Project No.10-3-0 1: MOTION: Ms.Francik moved to award the low bid for the 2010 Crack Seal and all slteznates,Project No. 10-3-11 to C:onstrucxion Ahcad,inc.,(dba Pavement Surface 4 MINUTES REGULAR MEETING PASCO CITY COUNCIL MAY 3,2010 Cortml)in the wnmmt of S155,937.73 slid,further,authorize the Mayor Pro-Tan to sign the oontract documents.Mr.Yenney s000nded.Motion carried by unanimous Roll Call vote. MISCEI,LANEOUS DISCUSSION: W.Hoffmann inquired about the process of property acquisition for the proposed Lewis ^ St,overpass and reported on the options being considered by Banton Franklin Council of Governments for a new bridge crossing, Mr.Watkins noted a special meeting wilt be held Wednesday May 5a`to interview cwWidatte s to fill the vacant council seat. A)JOURNMENT: There being no further business,the meeting was adjourned at 9:12 p.m. ... APPROVED: ATTEST: Mari Watkins,Mayor L.Clair,City Clock PASSED and APPROVED this 17th day afMay.2010. I 5 MEMORANDUM DATE: June 2, 2010 TO: Planning Commission FROM: Rick White, Community and Economic Development Director SUBJECT: Ziobro Rezone from -2 to C-1 for Dance Hall Use - Remand The Planning Commission recommended that the City Council deny a rezone request from C-2 to C-1 for property to be used as a dance hall at 117 South 5th Avenue. Upon considering the recommendation for denial, the City Council remanded the matter to the Planning Commission for further review. In their remand the City Council directed the Planning Commission to consider the following three issues: 1. Portion of the building devoted to dance hall use (the portion of the building proposed for use was discussed at length in the hearing; although a rezone request involves property, the building size was indicated as 18,000 square feet on the application and the portion for actual use was revised during the hearing to 8000 square feet); 2. Serving alcohol (the applicant indicated at the hearing that the dance hall would not serve alcohol); 3. Parking (the applicant indicated at the hearing that since a smaller portion of the building was going to be used for the dance hall, parking requirements would be reduced and that a verbal agreement to allow dance hall patrons to use nearby parking was likely to be secured). Transcripts from the Open Record Hearings of March 18 and April 15, 2010 have been prepared for the Planning Commission's use in this remand. Attached to this cover memo is a listing of the page and line number in the transcript that corresponds to the above remand items. The transcripts of the testimony and the staff reports and exhibits are also attached. Since this is a remand, there will not be additional testimony. The Planning Commission should review the staff reports and transcripts and clarify or enhance the findings or conclusions (if the Commission feels that is necessary). Staff has prepared additional findings for the Commission's consideration. i As a final note, staff submits for the Planning Commission's consideration that much of the testimony presented during the hearing concerned detailed and site-specific items of operation should a dance half be permitted at 117 S. 5t Avenue. However, the application was for a rezone — not site approval or a special permit. Zoning is often defined as the legislative division of a community into areas in which are permitted only certain -- designated uses of land or structures. This contrasts with the notion of a special permit , in that such permits recognize certain uses may be allowed within given zoning districts as long as conditions may be imposed that provide for the protection of the immediate neighborhood and the public interest. In the G2 Zone, the operation of a dance hall is not a permitted use or a use allowed through a special permit, it is a use specifically prohibited. That is why the requirements to grant a zone change utilize the criteria required by Pasco Municipal Code Section 25.88.030 (see the 3/18/10 Staff Report— page 3). This criteria place the burden of -- establishing justification for the zone change on the applicant, Absent compelling justification, the Commission is not under an obligation to recommend approval of a rezone to the City Council. I 4 2 March 18, 2010 Meeting --- Building Size Page 4, Lines 17 — 18 -- Page 10, Lines 18 — 20 Page 15, Lines 19- 25 Page 20, Lines 1 — 5 -- Page 29, Lines 11 - 12 Parking Page 15, Lines 19 — 25 Page 19, Lines 22 — 25 _. Page 20, Lines 1 — 5 Alcohol Page 11, Lines 19 — 25 Page 12, Lines 4- 7 Page 16, Lines 23 — 25 Page 17, Lines 1 — 16 Page 23, Lines 4 — 8 Page 27, Lines 3 - 6 Page 28, Lines 16 - 19 April 15, 2010 Meeting Buildinn Size. Page 11, Lines 17 — 18 Page 12, Lines 6- 8 Page 21, Lines 16 — 18 Parkino Page 21, Lines 16 -18 Alcoho Page 17, Lines 13 — 19 Page 18, Lines 1 — 5 Page 20, Lines 18 -20 3 PLANNING COM1415SION FIN13INGS OF FACT JUNE 17, 201 Findings of fact must be entered from the record. The Planning Commission may add findings to this fisting as the result of factual testimony and evidence submitted during the open record hearing. 3 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. Barger 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; ... I o. leweln/ and gent 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 sakes. (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; L 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 specifcally listed are also prohibited; and 1. Adult Business Facilities. (Ord. 3514 Sec. 6, 2401; Ord. 3354 Sec. 2, 1999.) 7) The site is in the Central Business Overlay District. 4 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) The applicant indicated that approximately 8,000 square feet would be the portion devoted-to the dance hall use. The Planning Commission heard teoMony and considered t"t the 1t#OW square foot building on the site was not to be fully usto for the pmposed dame h011. 10) The applicant indicated and the Planning Commission Wajd telstim(»y that also" would not be served in conjunction with i the:pfopesec#•tlW hAl. 11) The applicant indic.,0ted and the Planhlhq••C,dsnn 3Sip )iWq tegimi ny t>aL sires• ten of the building devoted to dance hall w,vwas 1$ square feet, the parking requirements were to be accarongly reduced; and Wt•p,4rkjn9 available on nearby properties was likely to be secured for use for the proposed dance hail operations. BASED N IN N(jS O"ACT Before recommending approval or denial of rezone, the Planning Commission must develop its conclusions from the findings of fact based upon the criteria listed in P.Al 25 88.0601 and determine whether or not, -- i) 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 Deports 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 G2 District. Expansion of the C-1 District even as conditioned by the owner, would allow the introduction of a dance hall 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. 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. 3 �A Excerpted Transcript of the Pasco Planning Commission Meeting Date : June 17, 2010 In Re: Master File #Z10-001 (John Ziobro) (117 S. 5th Avenue) Rezone C-2 to &1 * * * Remand from City Council ChaRae Kent. CCR, RPR Kent Reporting Page 1 STATE OF WASHINGTON CITY OF PASCO In re : Rezone C-2 to C-1 } Master File (John Ziobro) ) No . Z 10-001 117 S . Sth Avenue ) PLANNING COMMISSION MEETING TIME : 7 : 00 p.m. , Thursday, June 17 , 2010 TAKEN AT : City Hall Pasco, Washington REPORTED BY: ChaRae Kent, CCR, RPR License No . 2408 ChaRae Kent, CCR, RPR Kent Reporting * (509) 6272244 Page 2 1 APPEARANCES FOR PLANNING COMMISSION: G MR. JOE CRUZ - CHAIRMAN 3 MR. ANDY ANDERSON MR. JAMES L . HAY 4 MR. KURT LUKINS MS . JANA KEMPF 5 MS . JAN NEUENSCHWANDER 6 FOR THE CITY OF PASCO : MR. DAVID MCDONALD MR. RICK WHITE MR. SHANE O ' NEILL MS . SOPHIA AQUARIUS 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ChaRae Kent , CCR, RPR Kent- Reporting * ( 509) 627-2244 Page 3 BE IT REMEMBERED that on Thursday, June 17 , 2010, at 7 : 00 p .m. , at Pasco City Hall , Pasco, Washington, the Planning Commission Meeting was taken before Ch aRae Kent, Certified Court Reporter and Registered Professional Reporter . The following excerpted proceedings took ( place : P R O C E E D I N G S 10 MR . CRUZ : All right_ . Next item on the agenda is 11 Item D., a rezone . Rezone C-2 to rezone C-1 . It shows 12 the applicant is John Ziobro . Address is 117 South Fifth 13 Avenue . Master file number 7-10-001 . This one has been 14 remanded back to us from Citv Council . 15 S-taff, would you like to get us started? 16 MR . WHITE : Thank you, Mr . Chairman and Commission . 17 This item is going to be a little different than what the 18 Commission has seen -- at least in the near past . It ' s a 19 remand from City Council . 20 As the Commission knows, the Planning Commission 21 conducts the open record hearing . That is the point in 22 the hearing process that the record is established. All 23 public testimony and exhibits, etc. , are gathered by the 24 Commission and then presented to council . Council from 25 that point then makes a decision on the Planning ChaRae Kent, CCR, RPR Kent Reporting * (509) 627-2244 Page 4 1 Commission ' s recommendation . In this case, the City Council remanded the matter back to the Planning Commission for further consideration of three separate items . And those items are in this 5 remand: The portion of the building that was to be G devoted to dance hall use; the service, or not service of alcoholic beverages, at the proposed use; and the amount of parking that would be required if the use were in operation as presented with the square footage that was 10 presented at the hearing . 11 The remand concerns Council ' s desire to make certain. 12 that the Planning Commission considered those three 13 separate items . So what ' s been provided to the 14 Commission are the verbatim transcripts from both 15 meetings that this item was considered at . 16 You ' ll note that the staff report contains an 17 attachment that indicates by line number and page number 18 :n7here building size, parking and alcohol beverages were 19 considered at both the March 16th and the April 15th 20 meetings . 21 You' ll also want to be aware that as a remand, of 22 course, there' s no further public testimony . The public 23 testimony has happened already and then, of course, the 24 hearing won' t be reopened. 25 The staff made a note to the Commission, and ChaRae Kent, CCR, RPR Kent Reporting * (509) 627-2244 Page 5 1 eventually to Council, that the consideration of the rezone request are governed by criteria contained in the Pasco Municipal Code . And that, of course, has been explained in the two staff reports that the Commission 5 considered in great detail . Unless you want me to, I 6 won ' t go into that detail now. The amount of testimony at the two hearings centered on items that were probably more particular to a site plan approval or a special permit approval . However, it 10 was a rezone request, so it has a very high standard to 11 meet according to the criteria in the Pasco Municipal 12 Code. In this case the proposed use is specifically 13 prohibited as contained in exhibits identified in the 14 Planning Commission staff report . And the use is not 15 allowed through a special permit which contrasts, for 16 example, with a church, let ' s say . A church is allowed 17 in any zoning district through a special permit ; as is a 18 farming activity . However, that is not the case Here . 19 So the criteria that the Planning Commission was 20 presented in the staff reports in March and April are the 21 criteria that were necessary for the Planning Commission 22 to consider in the recommendation for the change of zone . 23 Staff has prepared additional findings, should the 24 Planning Commission see fit to adopt those findings . 25 They were distributed to you both in your -- in the ChaRae Kent , CCR, RPR Kent Reporting * (509) 627-2244 Page 6 1 packet and again this evening because there was a typo on finding number 11 -- the word "reduced" was left out . So the finding that was just delivered by the secretary was the most accurate version of the findings . 5 And with that, Mr . Chairman, I ' ll be glad to answer b any questions . MR . CRUZ : Wow. Commissioners, any questions for staff? All right , Mr. Anderson. 10 MR . ANDERSON : Our consideration then this evening 11 is still whether to recommend to the City Council to 12 grant or not grant the rezone? 13 MR . WHITE : I think, Commissioner Anderson, what the 14 Planning Commission should consider as a whole is if the 15 record, as represented by the transcripts of March and 16 April, sufficiently addressed the issues that City 17 Council determined you consider in your remand. If you 18 feel they do, then that ' s fine . If you want to enhance 19 your findings as presented by staff, that ' s certainly 20 available also . All those additional three findings do 21 is identify that those items were considered. 22 MR . CRUZ : Thank vou . Anvone else? 23 Ms . Neuenschwander. 24 MS . NEUENSCHWANDER: Thank you . Not having attended 25 those prior meetings, I did go through all the documents ChaRae Kent , CCR, RPR Kent Reporting * (509) 627-2244 Page 7 1 literally page by page . I was comfortable in reading what I -- reading the information . The interest seemed to be more in the dance hall than in the rezone itself, 4 which is what we would be doing, not actually permit.ing the dance hall . We- would be permitting the zone change, 6 is mv understanding . And in doing the zone change, then that would allow, not only a distance hall , but many other types of businesses to be allowed in that 9 particular building . And that particular address is in 10 the district , the downtown district, which does not allow 11 certain types of businesses . 12 If that is -- if I am clear on that, then, we are 13 allowing only for the zone change, not at all for any 14 reference to dance halls? Even though the Citv Council 15 is asking if we made note of it, I do think that I ' ve 16 read in the past meeting minutes and workshops that it. 17 was noted regarding dance hall activity and what would be 18 involved_ 19 MR . CRUZ : Maybe said a little differently, I think 20 the concern was that., you know, because this abuts the 21 C-2 zone, that we want to do a C-1 because it ' s 22 effectively in the same area . 23 Now just a little bit for me personally, I think, 24 you know, the intent of the C-2 -- and I don ' t have the 25 time that some of the other commissioners do on the ChaRae Kent , CCR, RPR Kent Reporting * ( 509) 627-2244 Page P 1 Planning Commission -- was targeted towards a little bit 2 different kind of dance hall than what this particular z item is . 4 You know, I ' m supportive of this . I ' m afraid we' re 5 going into kind of dark space from an administrative G standpoint and leaving the applicant in limbo, depending on what we choose to do here. So I 'm looking for a little bit more input from the commissioners on what their thoughts are and/or if there ' s not a lot of 10 discussion to be had, then a motion . 11 MR . ANDERSON : Mr . Chair, it ' s my feeling that 12 there ' s a history as to the reason why that area is the 13 central core business area in the C-2 zoning. And given 14 that, I 'm not questioning whether the applicant would run 15 a great business or whatever . I -just -- it ' s my opinion 16 that if you put a hole in that dam, I don ' t know how many 17 fingers we ' re going to have to keep it from leaking . And 18 I ' m using that metaphor because once you open the door, 19 there ' s going to be more coming. 20 And the City has got the desire and has expressed 21 the desire by the establishment of this central business 22 district to try to change the image of downtown Pasco . And changing this to a C-1 , allowing that kind of use, is 24 going backwards in my opinion. And I think we need to - 25 if the City Council wants that. area opened up to those ChaRae Kent , CCR, RPR Kent Reporting * (509) 627-2244 Page 9 1 kind of uses, they need to remove the central business district designation and they need to deal with it themselves . That ' s my opinion . MR . CRUZ : All right. . Ms . Neuenschwander . 5 MS . NEUENSCHWANDER: Thank Vou . I would like to say 6 that that is my opinion also, that the applicant is a fine person -- there ' s no question here on that . The question is the change of zone and what was intended for the downtown area . And by changing and altering, are T�;e 10 opening the door to other problems and -- or future 11 changes that we would have to look at . I would be very 12 much in agreement to keeping the zoning as is . 13 MR . CRUZ : Anyone else? 14 MR . HAY : I have to agree with Mr. Anderson and 15 Commissioner Neuenschwander . I experienced some of the 16 old days and it wasn 't pretty. I hate to see this going 17 backwards with our progressive thoughts this evening . 18 MR . CRUZ : Okay . Anyone else? 19 MR . LUKINS : Just after review, I am in agreement= 20 with Commissioner Anderson . 21 MR . CRUZ : Ms . Kempf, do you want sour shot at the 22 podium? 23 MS . KEMPF : Sure . Why not? 24 I am also in agreement with everyone . It seems like 25 a slippery slope . If we start down, it ' s going to be ChaRae Kent, CCR, RPR Kent Reporting * (509) 627-2244 Page 10 1 hard to back pedal up . If we start chipping away at this zone, it will just keep chipping until it ' s broken . And the intent is good and I understand that the applicant has a great idea and has a great business plan . And maybe the City does need a dance hall . But 6 unfortunately it can 't go in this section. It doesn ' t 7 need to be there. I would like to see one in the 8 community, but I don 't want to see it in that zone . MR . CRUZ : I ' ll give my two bits on this . I think 10 we are confusing what is more of an event hall with a 11 dance Ball . I think I would be willing, personally, to 12 submit that this little corner of the C-2 district change 13 to C-1 will not fundamentally undo what we have seen in 14 the past . 15 I agree to some extent with Commissioner Anderson 16 that if the council wants to facilitate some changes in 17 the C-2 zoning, they have an obligation to do that or 18 charter us to do that . 19 But I am supportive of the proposal . But randomly I 20 don ' t think I 'm in the majority . 21 So with that , again, I ' ll entertain a motion . 22 Are we all right? 2:3 MR . WHITE : Yes, Mr. Chairman, I just want to make a 24 suggestion for the Commission ' s consideration that if you 25 are of a mind to revise the findings of fact, then the ChaRae Kent , CCR, RPR Kent Reporting * (509) 627-2244 Page 11 1 motion should be to adopt the revised findings of fact dated June 17th and recommend denial of rezone request or whatever your decisions would be . MR . CRUZ : Okay . So, again, that just shows that we considered these other items, but it was not enough 6 basically% to swab% the recommendation of the Commission? MR . G'JHI TE : (Nodded head. ) MR . CRUZ : Okay . Again, I ' ll entertain a motion one g way or the other . 10 MR . ANDERSON : Okay. I ' ll try this, Mr . Chair . I 11 move that we adopt the revised findings of fact as 12 presented by staff in the June 17, 2010 report 13 effectively denying the rezone from a C-2 district to a 14 C-1 district . 15 MR . CRUZ : Don ' t we have to do findings of fact or 16 is that clean? Okay . 17 MS . KEMPF : Seconded. 18 MR . CRUZ : It ' s been moved by Commissioner Anderson, 19 seconded by Commissioner Kempf . All those in favor say . 20 A 21 COMMISSIONERS ( In unison) : Aye . 22 MR . CRUZ : Aye . 23 Let the record show the motion was unanimously 24 passed. I need another motion . 25 MR . ANDERSON : Mr . Chair, I move based on the ChaRae Kent , CCR, RPR Kent Reporting * ( 509) 627-2244 Page 12 1 findings of fact as adopted by the Commission that we recommend the City Council deny the rezone from C-2 to a C-1 for this piece of property . 7 MR . CRUZ : Close enough . 5 MS . KEMPF : Second. 6 MR . CRUZ : It ' s been moved ]oV Commissioner Anderson . 7 Seconded by Commissioner Kempf . 8 All those in favor say aye . 9 COMMISSIONERS ( In unison) : Aye. 10 MR . CRUZ : All those opposed? Nay. 11 Let the record show the motion passed with one 12 dissenting vote by Commissioner Cruz . 13 Okay . Moving onto the next item, Item E, code 14 amendment, Pasco Municipal Code. 15 We ' ll pause for a moment to let the auditorium 16 clear . 17 18 19 20 21 22 (CONCLUDED AT 7 : 27 P .14. ) 23 24 25 ChaRae Kent , CCR, RPR Kent Reporting * (509) 627-2244 C E R T I F I C A T E 2 STATE OF WASHINGTON 1 ss . COUNTY OF BENTON ) This is to certify that I , ChaRae Kent, Certified 5 Court Reporter in and for the State of Washington, 6 residing at Richland, reported the within and foregoing 7 Pasco Planning Commission meeting; that said Pasco Planning Commission meeting was taken by me in shorthand 9 and thereafter transcribed, and that same is a true and 10 correct record of the meeting to the best of my ability . 11 I further certify that I am not a relative or 12 employee or attorney or counsel of any the parties, nor 13 am I financially interested in the outcome of the cause . 14 IN WITNESS WHEREOF, I have hereunto set my hand and 15 affixed my official seal this day of 16 2010 . 17 18 19 CHARAE KENT, RPR, CCR 20 CCR NO . 2408 Notary Public in and for the State 21 of Washington, residing at Richland GG 23 MV commission expires January 17 , 2012 4 25 ChaRae Kent , CCR, RPR Kent Reporting * ( 509) 627-2244 AGENDA REPORT NO. 23 FOR: City Council July 15, 2010 TO: Gary Crutchf*ict manager Regular Mtg.: 7/26/10 FROM: Michael McS Engineer SUBJECT: Public Hearing on the Final Assessment Roll for Local Improvement District (LID)No. 145 — 'A' Street Improvements. 1. REFERENCE(S): 1. Final Assessment Map 2. Ordinance II. ACTION REQUESTED OF COUNCIL I STAFF RECOMMENDATIONS: 07/26: Conduct a public hearing to consider the Final Assessment Roll for LID No. 145. 47/26: Motion I move to adopt Ordinance No. approving and confirming the assessments and assessment roll of Local Improvement District No. 145 for the improvement of`A' Street from Elm Avenue to East Road 40, to City standards, including curb, gutter, storm water utility system, bicycle path, and roadway, and certain water and sewer utility system improvements, as provided by Ordinance No. 3872, and levying and assessing a part of the cost and expense thereof against the lots, tracts, parcels of land and other property as shown on the assessment roll. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) LID 145 was formed by Ordinance No. 3872 at the August 4, 2008 Regular Council Meeting. Resolution No. 3256 was approved on July 6, 2010 setting the public hearing date on July 26,2010. B) The project included the construction of curb, gutter, storm water utility system, bicycle path, and roadway, and certain water and sewer utility system improvements on `A' Street from Elm Avenue to East Road 40. There are 24 properties within the LID boundary. The attached snap shows the Preliminary Assessment and the Final Assessment for each property. C) The Contractor has completed all ofthe construction provided for in the LID. V. DISCUSSION: A) The public hearing is to present and discuss the Final Assessment Roll of the LID. The final cost is approximately 22% less than the Preliminary Assessment Roll. All the property owners received their respective Final Assessment cost by certified mail. B) Following the public hearing, council should confirm the final assessment roll by Ordinance. 3(b) oftrV -� • '� --..r•A�1. ►f �-���� 'fir- ',. f- y -N '\--..<. I' -,•..".. 4 UNRIF r t l _ Pre.. l%utal Special 'r 1 Acct# Assessment Assessment %chame S Change Assessment ]oralAssessmestt Due 1 I t $ 53,763.60 6 41,679-53 -22.5% 512,084-07 S s 41,679.53 [ 2 E 32,258.16 $ 25,007.72 22.5% -$7,250.44 E $ 25,007.72 ;^• � �• s�„ {tl. �i; 3 S 21,505.44 3 16,671.81 22.5% 54,833,63 S $ 16,671.81 a - 4 S 51,886.76 E 40,224.53 -22.5% $11,662.23 $ 30,641.89 $ 70,866.42 +S 5 5 47,209.33 S 36,598.41 -22.5% 510610.92 $ - $ 36,59841 �.J s '� ��•J *,5 6 $ 20Q717.44 S 155,603.56 •22.5% 445,113.88 $ 118534.33 $ 274,137.89 �; u '�. 1 7 S 38.499.12 S 29.807.18 22.696 56,691.94 $ $ 29,807.18 t 8 $ 19.224.56 $ 14,903.59 -22.5% 44,320.97 $ $ 14,903.59 �� 9 S 9,612.28 $ 7,451.79 •22-5% -32,160.49 $ $ 7,451.78 ° Y - - 10 $ 8,612.28 S 7,451.79 -22.5% 52,160.49 $ $ 7,451-79 r -'d- 11 8 38,449.12 S 29,807.18 -22.5% -56.641.94 S $ 29,807.18 12 i 19,224.56 $ 14903.59 22.5% 54,320.97 $ $ 14,903,59 21 j 22 13 S 19,224,56 S 14,903.59 -22.5% 54,320.97 S S 14,903.59 14 $ 38.69150 $ 29,996.63 •22.5% 58,69687 E $ 29,998.63 • ^r► ii E std! r. 15 $ 38,693.50 S 29,996,63 ,22.5% 58,696.87 $ $ 29,996.63 �. 41F 16 S 195,73209 $ 151,738.74 -22-5% 543,993.35 $ E 151,738.74 17 5 430.597.56 3 333,815.11 -22.5% 596,782.45 S $ 333,815.11 - • *,•es� - n 1, 18 $ 109:156.40 $ 84.622.07 22.5% 524,534.33 E $ 84,622.07 - 19.1 $ 53,709.29 S 41637.85 -22-5% 512,071.44 $ $ 41,637.85 •� _ ,_ a *'" ��s 19.2 $ 53,709.29 3 41.637.85 22.596 312,071.44 S 3 41,637.85 18.3 3 53,709.29 $ 41.637.85 22.5% 512,071.44 S $ 41 637,65 r,l. p% 1 •_ ` ' ` 20 is 53.763.60 3 41.679.53 -22-5% -512,084.07 $ $ 41,679.53 Tr; o" +?:•� 21 S 53,763.60 S 44,679.53 -22.5% 512,o84.O7 $ - 3 41,679.53 22 3 d8 876.00 I S 37,890-48.1 •22.5% 1 410,985.52 985.52 S S 37890.48 Totals $ 1,691,591.33 $ 1,311,346.54 5380,244.79 3 149,176.22 S 1,460,522.76 s v l� CITY OF PASCO, WASHINGTON ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, approving and confirming the assessments and assessment roll of Local Improvement District Igo. 145 for the improvement of `A' Street from Elm Avenue to East Road 40, to City standards, including curb, gutter, storm drainage system, street lighting and tandscaping, and certain utility systems, as provided by Ordinance No. 3872, and levying and assessing a part of the cost and expense of the improvements against the lots, tracts, parcels of land and other property as shown on the assessment roll, WHEREAS, the assessment roll levying the special assessments against the property located in Utility Local Improvement District No_ 145 in the City of Pasco, Washington (the "City"),has been tiled with the City Clerk as provided by law; and WHEREAS, by Resolution No. 3256, notice of the time and place of hearing on the Local Improvement District No. 145 ("LID No. 145") assessment roll, and for making objections and protests to the roll was published and posted according to law, fixing the time and place of hearing thereon for the 26`h day of July, 2010, at the hour of 7:00 p.m., local time, in the Council Chambers in the City Hall, Pasco, Washington, and further notice thereof was mailed by the City Clerk to each property owner shown on the roll; and WHEREAS, at the time and place fixed and designated in the notices the hearing was held; no written protests were received; and, all persons appearing at the hearings who wished to be heard were heard. Following the close of the hearing, the City Council, sitting and acting as a Board of Equalization for the purpose of considering the roll and the special benefits to be received by each lot, parcel and tract of land shown upon such roll, including the increase and enhancement of the fair market value of each such parcel of land by reason of the improvement, found no protests;NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES HEREBY ORDAIN, as follows: -1- Section 1. FINDINGS OF FACT AND CONCLUSIONS OF LAW. 1.1 The above-recitals are incorporated herein by this reference. 1.2 Local Improvement District No. 145 ("LID No. 145") has been created and established for the purpose of providing for the improvement of the properties within the area described in Exhibit B, by the improvement of`A' Street from Elm Avenue to East Road 40, to City street standards, including curb, gutter, storm drainage system, street lighting and landscaping, and certain utility systems, as more particularly described in Exhibit A (the "Improvements"). The assessments and assessment roll for LID No. 145, as the same now stand, shall be and the same are approved and confirmed in all things and respects in the total amount of$1,460,522.76, 1.3 Each of the lots, tracts, parcels of land and other property shown upon the assessment roll is determined and declared to be specially benefited by LTD No. 145 Improvements in at least the amount charged against the same, and the assessment appearing against the same is in proportion to the several assessments appearing upon the roll. There is levied and assessed against each lot, tract or parcel of land and other property appearing upon the roil the amount finally charged against the same thereon. Section 2, CONFIRMATION AND COLLECTION. 2.1 The assessment roll as hereby approved and confirmed shall be filed with the City Financial Services Manager for collection. The'City Financial Services Manager is authorized and directed to publish notice as required by law stating that the roll is in his hands for collection and that payment of any assessment thereon or any portion of such assessment can be made at any time within thirty (30) days from the date of first publication of such notice without penalty, interest or cost, and that thereafter the sum remaining unpaid may be paid in ten (10) equal annual installments of principal together with interest due on the unpaid balance, The estimated interest rate is stated to be 6%per annum, with the exact interest rate to be fixed in the ordinance authorizing the issuance and sale of the local improvement bonds for Local Improvement District No. 145. The first installment of assessments on the assessment roll shall become due and -2- payable during the thirty (30) day period succeeding the date one year after the date of first publication by the City Financial Services Manager of notice that the assessment roll has been placed for collection and annually thereafter each succeeding installment shall become due and payable in like manner. 2.2 if the whole or any portion of the assessment remains unpaid after the first thirty (30) day period, interest upon the whole unpaid sum shall be charged at the rate as determined under Section 2.1, and each year thereafter one of the installments of principal together with interest due on the unpaid balance, shall be collected. Any installment not paid prior to expiration of the thirty (30) day period during which such installment is due and payable shall thereupon become delinquent_ Each delinquent installment shall be subject, at the time of delinquency, to a charge of 5% penalty levied on both principal and interest due upon that installment, and all delinquent installments also shall be charged 'interest at the rate of 8% per annum as set forth in PMC 14.04.050. The collection of such delinquent installments shall be enforced in the manner provided by law. PASSED by the City Council and APPROVED by the Mayor of Pasco, Washington, at a regular open public meeting thereof, this 26`1'day of July, 2010. Mayor [ATTEST]: Debra L. Clark, City Clerk APPROVED AS TO FORM: Leland M. Kerr, City Attorney -3- EXHIBIT A LID No. 145 — in `A' Street from Elm Avenue to East Road 40 The LID No. 145 Improvements are curb, gutter, storm water utility system,bicycle path, and roadway, and certain water and sewer utility system improvements, all to City of Pasco standards: In Street From To `A' Street Elm Avenue East Road 40 Exhibit A EXHIBIT B LID No. 145 - 'A' Street front Elm Avenue to East Road 40 Legal description of the boundary: That portion of the South half of the South half of Sections 27 and 28, Township 9 North, Range 30 East, and the North half of the North half of Sections 33 and 34, Township 9 North, Range 30 East W.M. in Pasco, Franklin County, Washington, described as follows; Commencing at the intersection of East "A" Street and Road 40 East, also being the South quarter corner of Section 27, Township 9 North, Range 30 East, W.M., also being the North quarter corner of Section 34, Township 9 North, Range 30 East, W.M., in Pasco, Franklin County, Washington, also being the True Point of Beginning; Thence Northerly along the Northerly projection of the centerline of Road 40 East, also being the Northerly centerline of said Section 27, a distance of 40-feet to a point on the North right-of-way line of East "A" Street, also being the Southeasterly comer of a lot whose parcel number is 113- 730-124 with the legal description being"That portion of the Southeast quarter of the Southwest quarter of Section 27, Township 9 North, Range 30 East, W.M., Franklin County, Washington, described as follows: Beginning at a point on the North line of"A" Street as the same now exists said point also being on the center line of said Section 27; thence Northerly along the said centerline 330.00 feet; thence Westerly parallel with the South line of Section 27, 330.0 feet; thence Southerly parallel with the center line of Section 27, 330.0 feet to the North line of said "A" Street; thence Easterly along the North line of"A" Street to the Point of Beginning"; thence continuing Northerly along the Northerly centerline of said Section 27, also being the Easterly line of said lot with parcel number 113-730-124, a distance of 330-feet to the Northeast corner of said lot; thence Westerly along the Northerly line of said lot with parcel number 113-730-124, a distance of 330-feet, to the Northwest corner of said lot, also being the Northeast corner of Lot 2, Short Plat 78-25; thence continuing Westerly along the North line of Lot 2 and Lot 1, Short Plat 78-25 to the Northwest corner of said Lot 1; thence Southerly along the Wrest line of said Lot 1, a distance of 20-feet to a point being 350-feet North of the Southerly section line of said Scetion 27, also being the Northeastern comer of Lot 2, Tierra Vida Commercial Phase One; thence Westerly along the North line of said Lot 2 to the Northwest corner of said Lot 2; thence Southerly along the Eastern right-of-way line of Tierra Vida Lane and a 45-foot radius curve to the left to the Northern right-of-way line of East "A" Street; thence Westerly along the Northern right-of-way line of East "A" Street to the Southerly tangent of a 45-foot radius curve being the Western right-of-way line of Tierra Vida Lane, also being the Southeastern corner of Lot 1, Tierra Vida Commercial Phase One; thence Northerly along the 45-foot radius curve to the left and the Western right-of-way line of Tierra Vida Lane to the Northeast corner of Lot 1, Tierra Vida Commercial Phase One, also being the Southeast corner of Lot 30, Tierra Vida Phase One; thence continuing Westerly along the South line of Lots, 30, 32, 33, 41, 42, 43, 45, 46, 47, 48, 49, 50, and 51, Tierra Vida Phase One to the Southwest corner of said Lot 51; thence Southerly along the Eastern right-of-way of Manzanita Lane and a 45-foot radius curve to the left to the Northern right-of way line of East "A" Street; thence Westerly along the North right-of-way line of East "A" Street to the Southerly tangent of a 45-foot radius curve being the Western right-of- Exhibit B - 1 way line of Manzanita Lane; thence Northerly along a 45-foot radius curve to the left and the Western right-of-way line of Manzanita Lane to the Southeast corner of Lot 1, Tier-ra Vida Phase One, also being about 485-feet North of the centerline of East "A" Street; thence Westerly along the South line of Lots 1, 2, 3, and 4, Tierra Vida Phase One to the Southwest corner of said Lot 4, also being the Eastern right-of-way of an un-named street along the Easterly boundary of Washington Addition, also being 20-feet East of the Western Section Line of Section 27, Township 9 North, Range 30 East, W.M.; thence Southerly along a line being 20-feet East of and parallel to the Western Section Line of said Section 27 to the Northern right-o#=way line of East "A" Street; thence Westerly along the Northern right-of-way line of East "A" Street across the un-named street to the Southeastern corner of Lot 17, Block 12, Washington Addition; thence Northerly along the Eastern line of Lots 17, 18, 19, 20, 21, 22, 23, and 24, and across a 20-foot alley, and along the Eastern line of Lots 25, 26, 27, 28, 29, 30, 31, and 32. Block 12, Washington Addition; thence Westerly along the Northern line of said Lot 32, and across a 14-foot alley, and along the Northern line of Lot 1 to the Northwestern corner of said Lot 1; thence Southerly along the Western line of Lot 1, 2, 3, 4, 5, 6, 7, and 8, and across a 20-foot alley, and along the Western line of Lots 9, 10, 11, 12, 13, 14, 15, and 16, Block 12 Washington Addition, to the Southwestern comer of said Lot 16, also being the Northern right-of-way of East "A" Street; thence Westerly along the Northern right-of-way line of East "A" Street across Sprague Street to the Southeastern corner of Lot 17, Block 11, Washington Addition; thence Northerly along the .Eastern line of Lots 17, 18, 19, 20, 21, and 22, Block 11, Washington Addition to the Northeaster corner of said Lot 22; thence Westerly along the Northern line of said Lot 22 to the Northwestern corner of said Lot 22 and across a 14-foot alley to the Southeastern corner of Lot 10, Block 11, Washington Addition; thence Northerly along the Eastern line of Lots 10, and 9, and across a 20- foot alley, and along the Eastern line of Lots 8, 7, 6, 5; 4, 3, 2, and 1, Block 11, Washington Addition to the Northeastern corner of said Lot 1; thence Westerly along the Northern line of said Lot 1 to the Northwest corner of the said Lot 1; thence Southerly along the Westerly line of Lots 1, 2, 3, 4, 5, 6, 7, and 8, and across a 20-foot alley, and along the Westerly line of Lots 9, 10, 11, 12, 13, 14, 15, and 16, Block 11,Washington Addition to the Southwestern corner of said Lot 16, also being on the Northern right-of-way line of East "A" Street, also being on the Eastern right-of-way line of Spokane Street; thence Westerly along the Northern right-of-way line of East "A" Street crossing Spokane Street to the Southeastern corner of Lot 17, Block 10, Washington Addition; thence Northerly along the Eastern line of Lots 17, 18, 19, 20, 21, 22. 23, and 24, Block 10, Washington Addition to the Northeastern corner of said Lot 24; thence Westerly along the Northern line of said Lot 24 to the Northwestern corner of said Lot 24; thence Northerly across a 20-foot alley, and along the Western line of Lots 25 and 26, Block 10, Washington Addition to the Northwestern corner of said Lot 26, also being the Southwestern corner of Lot 27, Block 10, Washington Addition; thence Easterly along the Southern line of said Lot 27 to the Southeastern corner of said Lot 27; thence Northerly along the Eastern line of Lots 27, 28, 29, 30, 31, and 32; Block 10, Washington Addition to the Northeastern corner of said Lot 32; thence Westerly along the Northern line of said Lot 32, and across a 14-foot alley, along the Northern line of Lot 1 Block 10, Washington Addition; to the Northwestern corner of said Lot 1, also being the Easterly right-of-way line of Missoula Street; thence Southerly along the Western line of Lots 1, 2, 3, 4, 5, 6, 7, and 8, and across a 20-foot alley, and along the Western line of Lots 9, 10, 11, 12, 13, 14, 15, and 16, Block 10, Washington Addition to the Southwestern corner of said Lot 16, also being the Northerly right-of-way line of East "A" Street; thence Westerly along the Northern right-of-way line of East "A" Street across Missoula Street to the Exhibit B - 2 Southeastern comer of Lot 17, Block 9, Washington Addition; thence Northerly along the Eastern line of Lots 17, 18, 19, 20, 21, 22, 23, and 24, and across a 20-foot alley, and along the Eastern line of Lots 25, 26, 27, 28, 29, 30, 31, and 32, Block 9, Washington Addition to the Northeaster corner of said Lot 32; thence Westerly along the Northerly line of said Lot 32, and across a 14-foot alley, and along the Northerly line of Lot 1, Block 9, Washington Addition to the Northwestern corner of said Lot 1, also being on the Eastern right-of-way line of Ieritage Boulevard; thence Southerly along the Western line of Lots 1, 2, 3, 4, 5, 6, 7, and 8, across a 20- foot alley, and along the Westerly line of Lots 9, 10, 11, 12, 13, 14, 15, and 16, Block 9, Washington Addition to the Southwestern coiner of' said Lot 16, also being on the Norther right-of-way line of East "A" Street, being North of the Southerly line of Section 28, Township 9 North, Range 30 East, W.M. a distance of 40-feet; thence Westerly across Heritage Boulevard to the Southerly tangent of a 55-foot radius curve being the Southeasterly corner of Lot 5, Sunrise Estates Phase I. being North of the Southerly line of said Section 28 a distance of 50-feet, thence continuing Westerly along the Northern right-of-way line of East "A" Street, being the Southerly line of Lots 5 and 4, Sunrise Estates Phase 1,to the Southerly tangent of 55-foot radius curve to the right, also being the Eastern right-of-way line of Anaconda Avenue; thence continuing Westerly along the Northern right-of-way line of East "A" Street across Anaconda Avenue to the Southerly tangent of a 55-foot radius curve, being the Westerly right-of-way line of Anaconda. Avenue; thence continuing Westerly along the Northerly right-of-way line of East "A" Street, also being the Southerly line of Lots 3, 2, and 1, Sunrise Estates Phase 1, to the Southwestern corner of Lot 1, Sunrise Estates Phase 1, also being on the Eastem line of Lot 2, Short Plat 2002- 1.0; thence Northerly along the Eastern line of said Lot 2 to the Northeaster corner of said Lot 2; thence Westerly along the Northerly line of Lot 2 and Lot 1, Short Plat 2002-10 to the Northwestern comer of said Lot 1, also being on the Eastern right-of-way line of Cedar Avenue; thence Southerly along the Westerly line of said Lot l to the Southwestern comer of said Lot 1, also being the Northern right-of-way line of East"A" Street, being North of the Southerly Zinc of Section 28, Township 9 North, Range 30 East, W.M. a distance of 40-feet; thence Westerly along the Northern right-of-way line of East "A" Street across Cedar Avenue to the Southeastern corner of Lot 17, Block 12, Kurtzman's First Addition; thence continuing Westerly along the Southern line of said Lot 17 and a 20-foot alley and the Southern line of Lot 16, Block 12, Kurtzman's First Addition to the Southwestern corner of said Lot 16, also being the on the Eastern right-of-way line of Waldemar Avenue; thence continuing Westerly along the Northern right-of-way line of East "A" Street across Waldemar Avenue to the Southeastern corner of Lot 17, Block 11, Kurtzman's First Addition, also being on the Western right-of-way line of Waldemar Avenue; thence continuing Westerly along the Southern line of said Lot 17 and a 20- foot alley and the Southern line of Lot 16, Block 11, Kurtzman's First Addition to the Southwestern corner of said Lot 16, also being on the Eastern right-of-way line of Hugo Avenue; thence continuing Westerly along the Northern right-of-way line of East "A" Street to the Southeastern corner of Lot 17, Block 10, Kurtzman's First Addition, also being on the Wester right-of-way line of Hugo Avenue; thence continuing Westerly along the Southern line of said Lot 17 and a 20-foot alley and the Southern line of Lot 16, Block 10, Kurtzman's First Addition to the Southwestern corner of said Lot 16, also being on the Eastern right-of-way line of Sycamore Avenue; thence continuing Westerly along the Northern right-of-way line of East "A" Street across Sycamore Avenue to the Southeastern corner of Lot 17, Block 9, Kurtzm.an's First Addition, also being on the Western right-of-way line of Sycamore Avenue; thence continuing Westerly along the Southern line of said Lot 17 and a 20-foot alley and the Southern line of Lot Exhibit B - 3 16, Block 9, Kurtzman's First Addition to the Southwestern corner of said Lot 16, also being on the Easter right-of-way line of Elm Avenue and on the Northern right-of-way line of East "A" Street; thence continuing Westerly along the Northern right-of-way line of East "A" Street a distance of 40-feet to the centerline of Elm Avenue; thence Southerly along the centerline of Elm Avenue a distance of 40-feet to the centerline on East"A" Street, also being on the Southern line of Section 28, Township 9 North, Range 30 East, W.M., also being on the Northern line of Section 33, Township 9 North, Range 30 East, W.M.; thence continuing Southerly along the centerline of Elm Avenue a distance of 40-feet to the Southern right-of-way line of East "A" Street; thence Easterly along the Southern right-of-way line of East "A" Street a distance of 30- feet to the Eastern right-of-way line of Elm Avenue, also being the Northwestern comer of Lot 1, Block 1, Elliott's Addition; thence Southerly along the Western line of said Lot 1 to the Southwestern corner of said Lot 1; thence-Easterly along the Southern line of Lots 1, 2, 3, 4, and 5, Block 1, Elliott's Addition, also being on the Western right-of-way line of Hugo Avenue; thence Northerly along the Eastern line of said Lot 5 to the Northeastern corner of said Lot 5, also being on the Southern right-of-way line of East "A" Street; thence Easterly along the Southern right-of-way line of East "A" Street to the Northwestern comer of Lot 1, Block 2, Elliott's Addition, also being on the Eastern right-of-way line of Hugo Avenue; thence Southerly along the Western line of said Lot 1 to the Southwestern corner of said Lot 1; thence Easterly along the Southern line of Lots 1, 2, 3, 4, and 5, Block 2, Elliott's Addition to the Southeastern comer of said Lot 5, also being on the Wester right-of-way line of Cedar Avenue; thence Northerly along the Eastern line of said Lot 5 to the Northeastern corner of said Lot 5, also being on the Southern right-of-way line of East "A" Street; thence Easterly along the Southern right- of-way line of East "A" Street a distance of 30-feet to the North / South centerline of Section 33, Township 9 North, Range 30 East, W.M.; thence Southerly along the said centerline to a point being a distance of 330-feet from the Northern line of said Section 33, also being along the Westerly Iine of a lot with parcel number 112-430-012 with the legal description being "The Northerly 330 feet of the Northeast quarter of Section 33, Township 9 North, Range 30 E.W.M., Franklin County, Washington"; thence Easterly along the Southerly line of said lot with parcel number 112-430-012, also being parallel to and a distance of 330-feet South of the Northern line of said Scction 33 to Southeastern coiner of said lot with parcel number 112-430-012, also being a point on the Eastern line of said Section 33 a distance of 330-feet South of the Northerly line of said Section 33, also being a point on the Western line of Section 34, Township 9 North, Range 30 East, W. M., also being on the Westerly line of a lot with parcel number 112-530-057 with the legal description being the "The Northwest quarter of the Northwest quarter of the Northwest quarter(NW1/4 NW 1/4 NW 114) of Section 34, Township 9 North, Range 30 E.W.M., situated in Franklin County, State of Washington" of said Section 34; thence Southerly along the Westerly line of the said lot with parcel number 112-530-057 to the Southwestern corner of said lot; thence Easterly along the Southerly line of the said lot with parcel number 112-530-057 to the Southeastern corner of the said lot; thence Northerly along the Eastern line of said lot with parcel number 112-530-057 to a point being 330-feet South of the Northerly line of the said Section 34, also being the Southwestern corner of a lot with parcel number 112-530-048 with the legal description being"The North 330 feet of the Northeast quarter of the Northwest quarter of the Northwest quarter and the North 330 feet of the West one-half of the West one-half of the Northeast quarter of the Northwest quarter, all in Section 34, Township 9 North, Range 30 East, W.M., Franklin County, Washington"; thence Easterly along the Southerly line of said lot with parcel number 112-530-048 to the Southeast corner of said lot, also being on the Westerly line of Exhibit B - 4 a lot with parcel number 112-530-039 with the legal description being "The East half of the Northwest quarter of the Northeast quarter of the Northwest quarter Section 34-Township 9 North, Range 30 E.W.M., less a strip of land 30' in width along the South line of this property for road purposes, Less 10' PUD right-of-way which begins at NE corner and Except South along East Boundary 220"'; thence Southerly along the Westerly line of said lot with parcel number 112-530-039 to the Southwesterly corner of said lot; thence Easterly along the Southern line of said lot with parcel number 112-530-039 to the Southeasterly corner of said lot; thence Northerly along the Eastern line of said lot with parcel number 112-530-039 to a point being the Southwestern corner of a lot with the parcel number of 112-530-020 with the legal description being "The West half of the Northeast quarter of the Northeast quarter of the Northwest Quarter of Section 34, Township 9 North, Range 30 East W.M., EXCEPT the South 330 feet thereof, in Franklin County, Washington and 30' road easement along the South line Less 10' PUD right- of-way easement"; thence Easterly along the Southern line of said lot with parcel number 112- 530-020 to the Southeastern corner of said lot, also being on the Western line of a lot with parcel number 112-530-011 with the legal description being "The East half of the Northeast quarter of the Northeast quarter of the Northwest quarter, Section 34, Township 9 North, Range 30 E,.W.M."; thence Southerly along;the Western line of said lot with parcel number 112-530-011 to the Southwestern corner of said lot; thence Easterly along the Southern line of said lot with parcel number 112-530-011 to the Southeastern corner of said lot, also being 30-feet West of the North / South center line of said Section 34; thence Northerly along the Easter line of the said lot with parcel number 112-530-011, also being 30-feet West of and parallel to the North/ South center line of said Section 34 to a point being 50-feet South of the North line of said Section 34; thence Easterly 50-feet South of and parallel to the North line of said Section 34 to the North / South center line of said Section 34; thence Northerly along the North / South center line of said Section 34 to the North quarter corner of Section 34, Township 9 North, Range 30 East, W.M., also being the True Point of Beginning. Exhibit B - 5 CERTIFICATION 1, Debra L. Clark, City Clerk of the City of Pasco, Washington (the "City"), hereby certify as follows: 1. The attached copy of Ordinance No. (the "Ordinance") is a full, true and correct copy of the Ordinance duty passed at a replar meeting of the City Council of the City held at the regular meeting place thereof on the 2b` day of July, 2010, as that Ordinance appears on the Minute Book of the City; and 2. A quorum of the members of the City Council was present throughout the meeting and a majority of those members present voted in the proper manner for the adoption of the Ordinance. 1N WITNESS WHEREOF, I have hereunto set my band this 20 day of July, 2010. Debra L. Clark, City Clerk