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HomeMy WebLinkAbout2012.10.01 Council Meeting PacketAGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. October 1, 2012 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Councilmembers or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. (a) Approval of Minutes: 1. Minutes of the Pasco City Council Meeting dated September 4, 2012. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) 1. To approve General Claims in the amount of $1,887,492.83 ($99,021.89 in the form of Electronic Fund Transfer Nos. 11405, 11406, 11442, 11455, 11470 and 11501; and $1,788,470.94 in the form of Wire Transfer Nos. 1244 and 1245 and Claim Warrants numbered 189368 through 189563). 2. To approve General Claims in the amount of $1,415,015.11 ($126,660.06 in the form of Electronic Fund Transfer Nos. 11552 and 11587; and $1,288,355.05 in the form of Wire Transfer Nos. 1242, 1243 and 1246 through 1249 and Claim Warrants numbered 189564 through 189757). 3, To approve Payroll Claims in the amount of $2,116,016.90, Voucher Nos. 44771 through 44904 and 80190 through 80199; and EFT Deposit Nos. 30054400 through 30054978. 4. To approve bad debt write -offs for utility billing, ambulance, cemetery, general accounts, miscellaneous accounts, and Municipal Court (non - criminal, criminal and parking) accounts receivable in the total amount of $265,790.34 and, of that amount, authorize $179,468.85 be turned over for collection. (c) Lodging Tax Advisory Committee Appointments: 1. Agenda Report from Gary Crutchfield, City Manager dated September 25, 2012. 2. Resolution No. 2314. To confirm the Mayor's appointment of the following individuals to the 2012 Lodging Tax Advisory Committee: Hotel Representatives: Monica Hammerberg, Red Lion and Allison White, Sleep Inn; User Representatives: Colin Hastings, Pasco Chamber of Commerce and Amy Kuchler, Downtown Pasco Development Authority; and City Councilmember Mike Garrison. (d) Reappointment to Regional Public Facilities District Board of Directors: 1. Agenda Report from Gary Crutchfield, City Manager dated September 18, 2012. To reappoint Rebecca Francik to the Board of Directors of the Tri- Cities Regional Public Facilities District, term to expire October 1, 2015. *(e) Resolution No. 3428, a Resolution authorizing the sale of personal property surplus to city needs. 1. Agenda Report from Rick Terway; Administrative & Community Services Director dated September 24, 2012. 2. Proposed Resolution. To approve Resolution No. 3428, authorizing the sale of personal property, a 2000 Chevrolet Van 3500, surplus to city needs. *(f) Resolution No. 3429, a Resolution accepting work performed by Northeast Electric, LLC, under contract for the Argent Road/Saraceno Way/Varney Lane Traffic Improvements, Project No. C1- 11- 03 -STR. 1. Agenda Report from Mike Pawlak, City Engineer dated September 21, 2012. 2. Vicinity Map. 3. Resolution. To approve Resolution No. 3429, accepting the work performed by Northeast Electric, LLC, under contract for the Argent Road/Saraceno Way/Vamey Lane Traffic Improvements Project. Regular Meeting 2 October 1, 2012 (g) Resolution No. 3430, a Resolution accepting a notice of intent (ten percent petition) to commence annexation proceedings, providing a determination on the territory to be annexed and whether simultaneous zoning and the assumption of bonded indebtedness will he required. 1. Agenda Report from Dave McDonald, City Planner dated September 20, 2012. 2. Vicinity Map. 3. Proposed Resolution. 4. Notice of Intent to Commence Annexation. To approve Resolution No. 3430, accepting a petition for annexation of the West Court Street Water Intake Property and providing a determination on the boundary, zoning and indebtedness. (h) Resolution No. 3431, a Resolution of the City of Pasco, Washington, authorizing commencement of condemnation litigation for the construction of the Lewis Street Overpass. 1. Agenda Report from Stan Strebel, Deputy City Manager dated September 24, 2012. 2. Vicinity Map with Subject Parcels Highlighted. 3. Proposed Resolution. To approve Resolution No. 3431, authorizing commencement of condemnation litigation for the construction of the Lewis Street Overpass. (RC) MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) Mayor Watkins to present Certificate of Appreciation to Lowe's Home Improvement of Pasco for renovation of Peanuts Park. (b) "Yard of the Month" Awards. (NO WRITTEN MATERIAL ON AGENDA) The following Pasco residents have been invited to attend the Council meeting to receive Certificates of Appreciation from the City Council for "Yard of the Month," September 2012. 1. Miguel Lopez, 1808 N. 10`h Avenue 2. Richard and Barbara Ding, 4212 W. Henry Street 3. John and Linda Goulet, 5511 Wrigley Drive 4. Timothy and Betsy Kasnick, 10104 Willow Way (c) `Business of the Month" Appearance Award. (N The following Pasco business has been invited to Certificate of Appreciation from the City Council Award" for September 2012. 1. Pizza Hut, 1921 W. Court Street 5. VISITORS - OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES AND /OR OFFICERS: O WRITTEN MATERIAL ON AGENDA) attend the Council meeting to receive a for "Business of the Month Appearance (a) Verbal Reports from Councilmembers (b) Financial Services Manager: General Fund Operating Statement through August 2012. (c) 7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (None) 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: (a) Ordinance No. , an Ordinance of the City of Pasco, Washington amending Chapter 5.25 and Chapter 3.07 of the Pasco Municipal Code, regarding Street and Intersection Closures. 1. Agenda Report from Stan Strebel, Deputy City Manager dated September 18, 2012. 2. Proposed Ordinance. MOTION: I move to adopt Ordinance No. , amending Chapter 5.25 and Chapter 3.07 of the Pasco Municipal Code, regarding street and intersection closures and, further, to authorize publication by summary only. Regular Meeting 3 October 1, 2012 Q *(b) Ordinance No. , an Ordinance of the City of Pasco, Washington, amending the Zoning Classification of Lots 1 and 2 of Binding Site Plan 2011 -05, located at 3521 W. Court Street from CR (Regional Commercial District) to C -1 (Retail Business District). 1. Agenda Report from Jeff Adams, Associate Planner dated September 25, 2012. 2. Vicinity Map. 3. Proposed Ordinance. 4. Planning Commission Report. 5. Planning Commission Minutes dated 8/22/12 and 9/20/12. MOTION: I move to adopt Ordinance No. , rezoning the property located at 3521 W. Court Street from CR to C -1 and, further, to authorize publication by summary only. Q *(c) Resolution No. , a Resolution accepting the Planning Commission's recommendation and approving a Special Permit for the location of Donation -Based Thrift Shop at 3521 W. Court Street. 1. Agenda Report from Jeff Adams, Associate Planner dated September 25, 2012. 2. Vicinity Map. 3. Proposed Resolution. 4. Planning Commission Report. 5. Planning Commission Minutes dated 8/22/12 and 9/20/12. MOTION: I move to approve Resolution No. _, approving a Special Permit for the location of a donation -based thrift shop at 3521 W. Court Street as recommended by the Planning Commission. Q *(d) Resolution No. , a Resolution accepting the Planning Commission's recommendation and approving a Special Permit for the location of a cellular antenna tower at 9335 Sandifur Parkway. 1. Agenda Report from Shane O'Neill, Planner 1 dated September 26, 2012. 2. Vicinity Map. 3. Proposed Resolution. 4. Report to Planning Commission. 5. Planning Commission Minutes dated 8/22/12 and 9/20/12. MOTION: I move to approve Resolution No. _, approving a Special Permit for the location of a cellular antenna tower at 9335 Sandifur Parkway as recommended by the Planning Commission. Q *(e) Resolution No. , a Resolution accepting the Planning Commission's recommendation and approving a Special Permit for a church at 605 North 5°i Avenue. 1. Agenda Report from Shane O'Neill, Planner I dated September 26, 2012. 2. Vicinity Map. 3. Proposed Resolution. 4. Report to Planning Commission. 5. Planning Commission Minutes dated 8/22/12 and 9/20/12. MOTION: I move to approve Resolution No. _, approving a Special Permit for the location of a church at 605 North 5°i Avenue as recommended by the Planning Commission. Q *(t) Resolution No. , a Resolution accepting the Planning Commission's recommendation and approving a Special Permit for the location of an elementary school. 1. Agenda Report from Jeff Adams, Associate Planner dated September 25, 2012. 2. Vicinity Map. 3. Proposed Resolution. 4. Report to Planning Commission. 5. Planning Commission Minutes dated 8/22/12 and 9/20/12. MOTION: I move to approve Resolution No. _, approving a Special Permit for an elementary school at the intersection of Spokane Street and North California Avenue as recommended by the Planning Commission. 9. UNFINISHED BUSINESS: (None) 10. NEW BUSINESS: *(a) Linda Loviisa Well Construction, Project No. C7- WX- IR- 12 -02: 1. Agenda Report from Ahmad Qayoumi, Public Works Director dated September 25, 2012. 2. Vicinity Map. 3. Bid Summary. (RC) MOTION: I move to award the low bid for Linda Loviisa Well Construction, Project No. C7- WX- 1R -12 -02 to Carpenter Drilling in the amount of $113,541.30 including sales tax and, further, authorize the Mayor to sign the contract documents. 4 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) (b) (c) 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File #...... Q Quasi - Judicial Matter REMINDERS: October 1, 2012 1:30 p.m., Monday, October 1, KGH — Emergency Medical Services Board Meeting. ( COUNCILMEMBER TOM LARSEN, Rep.; AL YENNEY, Alt.) 2. 12:00 p.m., Wednesday, October 3, 2601 N. Capitol Avenue — Franklin County Mosquito Control District Meeting. ( COUNCILMEMBER BOB HOFFMANN, Rep.; AL YENNEY, Alt.) 3. 5:30 p.m., Thursday, October 4, P &R Classroom — Parks & Recreation Advisory Board Meeting. ( COUNCILMEMBER SAUL MARTINEZ, Rep.; MIKE GARRISON, Alt.) 4. 6:00 p.m., Thursday, October 4, Marcus Whitman Hotel, Walla Walla — AWC Regional Meeting. (MAYOR MATT WATKINS, COUNCILMEMBERS REBECCA FRANCIK and BOB HOFFMANN) REGULAR MEETING CALL TO ORDER: MINUTES PASCO CITY COUNCIL SEPTEMBER 4, 2012 The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmembers present: Rebecca Francik, Mike Garrison, Robert Hoffinann, Tom Larsen, Saul Martinez, Matt Watkins and Al Yenney. Staff present: Gary Crutchfield, City Manager; Leland Kerr, City Attorney; Stan Strebel, Deputy City Manager; Richard Terway, Administrative & Community Services Director; Rick White, Community & Economic Development Director and Mike Pawlak, City Engineer. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated August 20, 2012. (b) Bills and Communications: To approve General Claims in the amount of $1,082,845.44 ($222,013.34 in the form of Electronic Fund Transfer Nos. 11086, 11104 and 11280; and $860,832.10 in the form of Claim Warrants numbered 189199 through 189367). To approve Payroll Claims in the amount of $2,218,857.69, Voucher Nos. 44570 through 44770 and 80180 through 80189; and EFT Deposit Nos. 30053799 through 30054399. (c) Traffic Signal Controller Replacement Plan: To approve the Professional Services Agreement with Kittelson & Associates, Inc., authorizing professional services with respect to the Traffic Signal Controller Replacement Plan, not to exceed $19,972.97 and, further, authorize the Mayor to sign the agreement. (d) Final Plat (MF #FP2012 -002) Northwest Commons PUD Phase 6: To approve the final plat for Northwest Commons PUD Phase 6. (e) Final Plat (MF #FP2012 -005) L &H Addition: To approve the final plat for L &H Addition. MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. PROCLAMATIONS AND ACKNOWLEDGMENTS: Mayor Watkins presented Certificates of Appreciation for August 2012 "Yard of the Month' to: Meriel Michelson, 1110 Astor Way Michele Mantello, 800 Road 36 Chris and Tami Jorgenson, 6709 W. Octave Street Marilynn & Richard Highstreet, 4223 Galway Lane Mayor Watkins presented a Certificate of Appreciation for August 2012 "Business Appearance of the Month' to: Dental West, 4710 Broadmoor Blvd. 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 4, 2012 REPORTS FROM COMMITTEES AND /OR OFFICERS: Mr. Yenney reported on the TRAC Advisory Board Meeting. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Rezone Appeal (MIT #Z2012 -001) R -1 and C -I to R -3 on N. Charles Avenue (Pasco Family Housing). Mr. Kerr explained the Quasi - Judicial process. MAYOR WATKINS DECLARED THE CLOSED RECORD HEARING OPEN. Council and staff discussed the record. MAYOR WATKINS CLOSED THE CLOSED RECORD HEARING. Ordinance No. 4072, an Ordinance of the City of Pasco, Washington, amending the zoning classification of property located in Block 2 and 3, Whitehouse Addition from R -1 (Low Density Residential) and C -1 (Retail Commercial) to R -3 (Medium - Density Residential) with a concomitant agreement. MOTION: Mr. Garrison moved to adopt Ordinance No. 4072, rezoning the property from R -1 and C -1 to R -3 with a concomitant agreement as recommended by the Planning Commission and, further, authorize publication by summary only. Mr. Garrison seconded. Motion carried unanimously. Ms. Francik seconded. Motion failed by the following Roll Call vote: Yes — Watkins, Francik, Garrison. No — Martinez, Yenney, Hoffmann, Larsen. Council concurred to have staff develop an ordinance with findings of fact based on single story building height and appropriate setbacks along Charles Ave. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Pasco Municipal Code Title 3 Updates. Ordinance No. 4073, an Ordinance of the City of Pasco, Washington updating Title 3 "Revenue and Finance" by repealing Chapter 3.48 "Claims Fund "; Chapter 3.81 "Contingency Fund "; Chapter 3.114 "General Fixed Asset Fund "; Chapter 3.119 "Local Narcotics Control Program Fund "; Chapter 3.124 "Metropolitan Controlled Substances Group Seizure Fund "; Chapter 3.128 "Bi- Centennial Fund "; Chapter 3.129 "Public Facilities District Fund"; and Section 2.22.070 "Fund Established"; and, enacting Chapter 3.134 "Street Overlay Fund "; Chapter 3.135 "Martin Luther King Community Center Fund "; Chapter 3.136 "City View Cemetery Fund "; Chapter 3.137 "Golf Course Fund "; Chapter 3.138 "Multi Modal Fund "; Chapter 3.139 "Special Assessment Lodging Fund "; Chapter 3.140 "Litter Abatement Fund "; Chapter 3.141 "LID Debt Service Fund "; Chapter 3.142 "Voted Debt Service Fund "; Chapter 3.143 "Cemetery Endowment Fund "; Chapter 3.144 "Old Fire Pension Fund" (OPEB); Chapter 3.145 "Old Fire Pension Fund "; and Chapter 3.146 "Agency Fund "; and amending Chapter 3.90 "Community Development Block Grant Trust Fund." MOTION: Ms. Francik moved to adopt Ordinance No. 4073, authorizing amendment of Pasco Municipal Code Title 3 to remove, add and update various sections relating to definitions of city fund and, further, authorize publication by summary only. Mr. Garrison seconded. Motion carried 6 -1. No - Larsen. Resolution No. 3423, a Resolution authorizing the transfer of fund balances from certain funds now closed (Contingency Fund, Bi- Centennial Fund and Landfill Remediation Fund) to the General Fund. MINUTES REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 4, 2012 MOTION: Ms. Francik moved to approve Resolution No. 3423, authorizing the transfer of fund balances from certain funds now closed (Contingency Fund, Bi- Centennial Fund, and Landfill Remediation Fund) to the General Fund. Mr. Martinez seconded. Motion carried 6 -1. No - Larsen. Resolution No. 3424, a Resolution accepting a notice of intent (ten percent petition) to commence annexation proceedings, providing a determination on the territory to be annexed and whether simultaneous zoning and the assumption of bonded indebtedness will be required. MOTION: Ms. Francik moved to approve Resolution No. 3424, accepting a petition for annexation of the Commercial Avenue /Kahlotus Highway Area and providing a determination on the boundary, zoning and indebtedness. Mr. Yenney seconded. Motion carried unanimously. Resolution No. 3425, a Resolution accepting the Planning Commission's recommendation and approving a Special Permit for a church at 5252 Outlet Drive. Mr. White explained the details of the special permit. MOTION: Ms. Francik moved to approve Resolution No. 3425, approving a Special Permit for the location of a church in a C -1 (Retail Business) zone at 5252 Outlet Drive. Mr. Garrison seconded. Motion carried unanimously. Resolution No. 3426, a Resolution accepting the Planning Commission's recommendation and approving a Special Permit for a church (Bethel) at 5202 Outlet Drive. Mr. White explained the details of the special permit. MOTION: Ms. Francik moved to approve Resolution No. 3426, approving a Special Permit for the location of a church in a C -1 (Retail Business) zone at 5202 Outlet Drive. Mr. Garrison seconded. Motion carried unanimously. Resolution No. 3427, a Resolution accepting the Planning Commission's recommendation and approving a special permit for the location of an elementary school. Mr. White explained the details of the special permit. MOTION: Ms. Francik moved to approve Resolution No. 3427, approving a Special Permit for an elementary school at the southwest comer of Powerline Road and Road 52 as recommended by the Planning Commission. Mr. Garrison seconded. Motion carried unanimously. NEW BUSINESS: Award City Hall Roof Repair and Recover, Project #C5- PF- 8R- 12 -04: Council and staff discussed the details of the proposed project. MOTION: Ms. Francik moved to award the low bid for the City Hall Roof Repair and Recover project to Leslie & Campbell, Inc., to include Alternates 1 and 2 with the Base Bid, in the amount of $205,516.00, plus applicable sales tax and, further, authorize the Mayor to sign the contract documents. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. MISCELLANEOUS DISCUSSION: Ms. Francik inquired about promoting retail use of the Broadmoor Mall. MINUTES REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 4, 2012 Mr. Yenney commented on the value of the meeting video archives on the City's web page. EXECUTIVE SESSION: Council adjourned to Executive Session at 8:05 p.m. for approximately 30 minutes to establish the sales price or lease amount of Real Estate and to discuss litigation or potential litigation with the City Manager and the City Attorney. Mayor Watkins called the meeting back to order at 8:23 p.m. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:23 p.m. APPROVED: Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk PASSED and APPROVED this I" day of October, 2012. CITY OF PASCO Council Meeting of: September 17, 2012 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the services rend the labor performed as described herein and that the claim is a just, due and unpaid 1 obligKion again t the city and that we are authorized to authenticate and certify to said claim. Dunyele Maso Finance Services Manager We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 17th day of September, 2012 that the merchandise or services hereinafter specified have been received: Check Numbers and 189368 - 189563 In The Amount Of: $1,788,470.94 Electronic Funds Transfers: 1244-1245 In The Amount Of: $ 99,021.89 Electronic Funds Transfers: 11405,11406,11442 (Journal Entries) 11455,11470,11501 Combined total of $1,887,492.83 Councilmember GENERAL FUND: Legislative Judicial Executive Police Fire Administration & Community Services Community Development Engineering Non - Departmental Library TOTAL GENERAL FUND: STREET ARTERIAL STREET STREET OVERLAY C. D. BLOCK GRANT HOME CONSORTIUM GRANT NSP GRANT KING COMMUNITY CENTER AMBULANCE SERVICE CEMETERY ATHLETIC PROGRAMS GOLF COURSE SENIOR CENTER OPERATING Councilmember SUMMARY OF CLAIMS BY FUND: MULTI MODAL FACILITY RIVERSHORE TRAIL & MARINA MAIN SPECIAL ASSESSMNT LODGING LITTER CONTROL REVOLVING ABATEMENT TRAC DEVELOPMENT & OPERATING PARKS ECONOMIC DEVEL & INFRASTRUCTURE STADIUM /CONVENTION CENTER GENERAL CAP PROJ CONSTRUCTION WATER /SEWER EQUIPMENT RENTAL - OPERATING GOVERNMENTAL EQUIPMENT RENTAL - OPERATING BUSINESS EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL EQUIPMENT RENTAL - REPLACEMENT BUSINESS MEDICALIDENTAL INSURANCE CENTRAL STORES PAYROLL CLEARING LID CONSTRUCTION PUBLIC FACILITIES DIST TRI CITY ANIMAL CONTROL GRAND TOTAL ALL FUNDS: 320.00 270,759.63 7,392.95 0.00 659,837.94 4,313.94 144.51 0.00 1 1 R9 RS 20,298.22 0.00 298.65 20,252.00 0.00 5,189.53 0.00 490,715.02 94,298.71 37,433.02 2,264.34 55.10 0.00 124,324.53 0.00 43,584.72 0.00 30,907.76 313.11 $ 1,887,492.83 3(b).1 CITY OF PASCO Council Meeting of: October 1; 2012 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We,UR undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the s ice rendere labor performed as described herein and that the claim is a just, due and unpaid o ligation gains[ he city and that we are authorized to , authenticate and certify to said claim. aii:251Z XidIX414� Gary Crutchf Dunye a Mas , Finance Services Manager We; the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this tat day of October, 2012 that the merchandise or services hereinafter specified have been received: Check Numbers and 189564 - 189757 In The Amount Of: $1,288,355.05 Electronic Funds Transfers: 1242, 1243, 1246-1249 Electronic Funds Transfers: (Journal Entries) Councilmember In The Amount Of: $ 126,660.06 11552,11587 GENERAL FUND: Legislative Judicial Executive Police Fire Administration & Community Services Community Development Engineering Non - Departmental Library TOTAL GENERAL FUND: Combined total of $1,415,015.11 Councilmember SUMMARY OF CLAIMS BY FUND: STREET ARTERIAL STREET STREET OVERLAY C. D. BLOCK GRANT HOME CONSORTIUM GRANT NSP GRANT KING COMMUNITY CENTER AMBULANCE SERVICE CEMETERY BOULEVARD MAINTENANCE ATHLETIC PROGRAMS GOLFCOURSE SENIOR CENTER OPERATING MULTI MODAL FACILITY RIVERSHORE TRAIL & MARINA MAIN LITTER CONTROL REVOLVING ABATEMENT TRAC DEVELOPMENT & OPERATING ECONOMIC DEVEL & INFRASTRUCT STADIUM /CONVENTION CENTER GENERAL CAP PROJ CONSTRUCTION WATER /SEWER EQUIPMENT RENTAL - OPERATING GOVERNMENTAL EQUIPMENT RENTAL - OPERATING BUSINESS EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL EQUIPMENT RENTAL - REPLACEMENT BUSINESS MEDICAL/DENTAL INSURANCE CENTRALSTORES PAYROLL CLEARING LID CONSTRUCTION PUBLIC FACILITIES DIST TRI CITY ANIMAL CONTROL SENIOR CENTER ASSOCIATION GRAND TOTAL ALL FUNDS: 523,288.13 32,223.65 0.00 259.11 5,025.88 174.98 1,291.94 13,340.95 2,646.45 29,931.90 18,821.76 64,857.22 2,139.84 2,242.76 436.25 0.00 667.45 0.00 0.00 124,660.06 14.75 42,463.09 0.00 30.80 50,904.24 0.00 $ 1,415,015.11 3(b)o2 Septen CITY OF PASCO Payroll Approval The City Council City of Pasco Franklin County, Washington I ainst the City of Pasco for the month of review and approval. Council Meeting of: October 1, 2012 Rick Tenvay, Administrative & Community Services Director We, the undersigned City Council members of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify that the services represented by the below expenditures have been received and that payroll voucher No's. 44771 through 44904 and 80190 through 80199 and EFT deposit No's. 30054400 through 30054978 and City contributions in the aggregate amount of $2,116,016.90 are approved for payment on this 1 st day of October 2012. Councilmember Councilmember SUMMARY OF PAYROLL BY FUND GENERALFUND: Legislative Judicial Executive Police Fire Administrative & Community Services Community Development Engineering TOTAL GENERAL FUND CITY STREET BLOCK GRANT HOME CONSORTIUM NSP MARTIN LUTHER KING CENTER AMBULANCE SERVICE FUND CEMETERY ATHLETIC FUND SENIOR CENTER STADIUM OPERATIONS MULTI -MODAL FACILITY BOAT BASIN REVOLVING ABATEMENT FUND TASKFORCE WATER /SEWER EQUIPMENT RENTAL - OPERATING OLD FIRE PENSION FUND GRAND TOTAL ALL FUNDS Payroll Summary Net Payroll Employee Deductions Gross Payroll City of Pasco Contributions Total Payroll $ 7,873.94 66,811.09 605,144.38 271,463.16 315,654.88 86,949.98 106,318.98 1,543,155.85 37,249.07 5.118.37 J, 10 i.au 61.74 6.030.80 V c,Jw. V V 13,273.64 2.546.21 IYr 1 VJ.YO 0.00 0.00 0.00 0.00 0.00 293,449.66 28,722.06 6,853.92 $ 2,116,016.90 969,293.35 587,635.86 1,556,929.21 559,087.69 $ 2,116,016.90 3(b).3 AGENDA REPORT FOR: City Council DATE: September 12, 2012 TO: Gary Crutchfie1 i anager REGULAR: September 17, 2012 Rick Terway, A to ative & Community idices Director FROM: Dunyele Mason, Financial Services Manager SUBJECT: BAD DEBT WRITE -OFF'S /COLLECTION. 1. REFERENCE (S): Write -off and collection lists are on file in the Finance Department. Il. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: MOTION: I move to approve bad debt write -offs for utility billing, ambulance, cemetery, general accounts, miscellaneous accounts, and Municipal Court (non - criminal, criminal, and parking) accounts receivable in the total amount of $265,790.34 and, of that amount, authorize $179,468.85 be turned over for collection. III. HISTORY AND FACTS BRIEF: 1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write -offs are under $10 with no current forwarding address, or are accounts in "occupant" status. Accounts submitted for collection exceed $10.00. 2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct write offs including DSHS and Medicare customers; the law requires that the City accept assignment in these cases. 3. COURT ACCOUNTS RECEIVABLE - These are all delinquent non - criminal and criminal fines, and parking violations over 30 days past due. 4. CODE ENFORCEMENT — LIENS — These are Code Enforcement violation penalties which are either un- collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. 5. CEMETERY —These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 6. GENERAL - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. IV. ADMINISTRATIVE ROUTING: cc: Dot French, Municipal Court Clerk v , r, Amount Direct Referred to Total Write -offs Collection Write -offs Utility Billing $ .00 .00 .00 Ambulance $ 86,321.49 19,364.82 105,686.31 Court A/R $ .00 155,609.00 155,609.00 Code Enforcement $ .00 4,265.03 4,265.03 Cemetery $ .00 .00 .00 General $ .00 .00 .00 Miscellaneous $ .00 230.00 230.00 TOTAL: $ 86,321.49 179,468.85 265,790.34 IV. ADMINISTRATIVE ROUTING: cc: Dot French, Municipal Court Clerk v , r, AGENDA REPORT TO: City Council September 25, 2012 FROM: Gary Crutchfield, City Manager Regular Mtg.: 10/1/12 SUBJECT: Lodging Tax Advisory Committee Appointments I. REFERENCE(S): Resolution No. 2314 H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 10/1: MOTION: I move to confirm the Mayor's appointment of the following individuals to the 2012 Lodging Tax Advisory Committee: • Hotel Representatives: Monica Hammerberg, Red Lion and Allison White, Sleep Inn; • User Representatives: Colin Hastings, Pasco Chamber of Commerce and Amy Kuchler, Downtown Pasco Development Authority; • City Council: Mike Garrison. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF; A) The Lodging Tax Advisory Committee (LTAC) was established under Resolution No. 2314 in June 1997 to comply with state requirements imposed at that time relating to the use of the city's lodging tax ( "hotel /motel tax "). The purpose of the committee is to advise the City Council on use of lodging tax each year. V. DISCUSSION: A) The appointments in the past have been structured so as to typically appoint the manager of the Red Lion (representing the largest hotel in Pasco) and the manager of one of the smaller facilities (Sleep Inn). The "user" representative positions have been the executive directors of the respective organizations noted (Pasco Chamber of Commerce and Downtown Pasco Development Authority). B) The Mayor has identified individuals willing to fill the current vacancies. Council is requested to confirm the nominees at the October 1 meeting so that the required meeting of the Advisory Committee can occur timely for budget consideration. 3(c) RESOLUTION NO.�� A RESOLUTION establishing a Lodging Tax Advisory Committee. WHEREAS, the City of Pasco currently levies a lodging tax pursuant to Chapter 67.28 RCW; and WHEREAS, the State Legislature has enacted Substitute Senate Bill (SSB) 5867, enacted as Chapter 452, Laws of 1997, which modifies or repeals certain previous lodging tax authority and adds new lodging tax authority; and WHEREAS, SSB 5867 requires any new imposition of a lodging tax enacted dunder Chapter 67.28 RCW in a city with a population over 5,000, be first submitted for consideration to a lodging tax advisory committee not less than 45 days in advance of final action on a lodging tax by the city; and WHEREAS, Senate Bill 5867 replaces the current lodging tax authority with a new statutory scheme effective July 27,1997; and WHEREAS, the City of Pasco relies on the receipts of the current lodging tax to fulfill its contractual obligation to Franklin County for its share of the debt and operating expenses associated with the TRAC facility, as well as the bonds issued to finance construction of the professional baseball stadium in Pasco; and WHEREAS, to ensure continued authorization for the imposition of the lodging tax within the City of Pasco, it is deemed to be in the best interest of the city that a lodging tax advisory committee be created immediately and that a proposal be submitted to this committee regarding continuation of a lodging tax; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. There is hereby created a City of Pasco Lodging Tax Advisory Committee to serve the functions prescribed in Senate Bill 5867, which was enacted as Chapter 452, Laws of 1997. Section 2. The membership of the lodging tax advisory committee shall consist of five persons appointed by the City Council. One member shall be an elected official of the city, who shall serve as chair. Two members shall be representatives of businesses required to collect the tax and two members shall be persons involved in activities authorized to be funded from revenue received from the tax. The City Council will review the membership on an annual basis and make changes as appropriate. Any appointments to the committee shall be made by the City Council. Section 3. The following persons are hereby appointed to initially serve as members of the lodging tax advisory committee: (A) Elected Olficiah Councilman Mike Garrison. (33) Businesses requited to collect the lodging tax shall be represented by: (1) Alan Paty, General Manager, Doubletree Hotel. (2) Dorothy Hildebrant, Manager, Goal Post Motel. (C) Persons involved in activities authorized to use proceeds of the lodging tax shall be represented by: (1) Dorothy Schoeppach, Executive Director, Pasco Chamber of Commerce. (2) Rosemary Doupes, Executive Director, Pasco Downtown Development Association. Section 4. In accordance with SSB 5867, the City Council shall submit to the lodging tax advisory committee, for its review and comment, proposals on the imposition of any tax authorized under SSB 5867; any increase in the rate of such a tax; repeal of any exemption from such a tax; or a change in the use of the revenue received from such a tax. Comments by the committee should include an analysis of the extent to which the proposal will accommodate activities for tourists or increase tourism and the extent to which the proposal will affect the long -range stability of the special fund created for the lodging tax revenues. Section S. In accordance with Section 4 of this Resolution, the City Council hereby submits to the lodging tax advisory committee the following proposal for its immediate review and comment: To ensure the continued levy of the lodging tax as authorized by Chapter 67.28 RCW, the city should re- enact an Ordinance levying a special excise tax on the sale or charge made for furnishing of lodging that is subject to tax under Chapter 82.08 RCW. Section 6. In order to take all steps necessary or indicated by SSB 5867 with regard to re- enactment of lodging taxes levied by the city, the lodging tax advisory committee is hereby requested to conduct its first meeting not later than June 30, 1997, and to report back to the City Council its comments with respect to the tax proposal set forth in Section 5 of this Resolution no later than July 19, 1997. Section 7. This Resolution shall take effect immediately upon passage. PASSED by the City Council of the City of Pasco at a regular meeting this 16th day of June, 1997. Charles D. Cam- -,C' Catherine Dl Seaman, Deputy City Clerk "PRO T'O FORIML• 1 Leland $ Kerr, City Attor7cey Resolution establishing a Lodging Tax Advisory Committee - Page 2 FOR: City Council FROM: Gary Crutch] SUBJECT: Reappointm( I. REFERENCE(S): AGENDA REPORT Manager September 18, 2012 Workshop Mtg.: 9/24/12 Regular Mtg.: 10/1/12 ional Public Facilities District Board of Directors II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 9/24: Discussion 10/1: MOTION: I move to reappoint Rebecca Francik to the Board of Directors of the Tri- Cities Regional Public Facilities District, term to expire October 1, 2015. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: A) Each of the cities approved the Interlocal Cooperation Agreement providing for the creation of the Tri- Cities Regional Public Facilities District (TCRPFD), effective October 1, 2010. B) There are nine members of the Board of Directors of TCRPFD, three to be appointed by each City Council. All members of the Regional Board are to be either members of the respective City Council or the respective city's Public Facilities District. C) Board members serve three -year terms and may be reappointed to serve not more than three consecutive full terms. V. DISCUSSION: A) In September 2010, Council made the initial appointments of Mayor Watkins (three -year term; term expires 10/1/13) and Councilmember Francik (two -year term; term expires 10/1/12) as Pasco representatives to the RPFD Board. In December 2011, Council appointed Councilmember Martinez to replace Pasco PFD Board Member John Merk (term expires 10/1/14). B) As Councilmember Francik's initial two -year term expires on October 1, 2012, staff requests reappointment of her to the Tri- Cities Regional Public Facilities District Board. Ms. Francik's term will expire October 1, 2015. 3(d) AGENDA REPORT FOR: City Council, ' September 24, 2012 TO: Gary Crutchfil �vJVV '� anager Regular Mtg.: 10/1/12 FROM: Rick Terway, Administrative and Co , ty Services Director; and Debbie Clark, City Clerk SUBJECT: Sale of Surplus Property to Franklin County Public Works Department I. REFERENCE(S): A. Proposed Resolution II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 10 /1: MOTION: I move to approve Resolution No. —"'540 g authorizing the sale of personal property, a 2000 Chevrolet Van 3500, surplus to City needs. III. FISCAL IMPACT: $1,250 — Public Works Department Equipment Rental Fund IV. HISTORY AND FACTS BRIEF: A) State statute (RCW 39.33.010) authorizes governmental units to sell / transfer real or personal property to other governmental units. B) The Public Works Department has one surplus vehicle (2000 Chevrolet 3500 Express Van Nin# 1GAHG39R2Y1128255) that is of little value to the City, however would be useful to Franklin County Public Works Department. C) Staff recommends the sale of this equipment. The attached resolution will serve to document and authorize the sale to Franklin County Public Works Department. 3(e) RESOLUTION NO.� A RESOLUTION AUTHORIZING THE SALE OF PERSONAL PROPERTY SURPLUS TO CITY NEEDS. WHEREAS, there are certain items of personal property surplus to City needs; and; WHEREAS, said property can be used by Franklin County, Public Works Department; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: SECTION 1: The item of personal property listed below is hereby declared surplus property and city staff is authorized to sell such property to Franklin County, Public Works Department for the price of $1250.00. 2000 Chevrolet 3500 Express Van VIN# 1GAHG39R2Y1128255 PASSED by the City Council of the City of Pasco this _ day of October, 2012 Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FORM: Lee Kerr, City Attorney AGENDA REPORT NO. 18 FOR: City Council September 21, 2012 TO: Gary Crutchfie anager Ahmad Qayoum , li Works Director FROM: Michael A. Pawlak, City Engineer'/ Regular Mtg.: 10/01/12 SUBJECT: Accept Argent Road /Saracen Way /Varney Lane Traffic Improvements Project #C I- 11- 03 -STR L REFERENCE(S): 1. Vicinity Map 2. Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 10/01: MOTION: I move to approve Resolution No. 3gl;lq accepting the work performed by Northeast Electric, LLC, under contract for the Argent Road/Saraceno Way /Varney Lane Traffic Improvements project. III. FISCAL IMPACT: Columbia Basin College Contributions: $300,000 Traffic Impact Fees: $46,500 IV. HISTORY AND FACTS BRIEF: A) On March 19, 2012, Council awarded the Argent Road /Saracen Way /Varney Lane Traffic Improvements project to Northeast Electric, LLC for $213,440.00. V. DISCUSSION: A) The project consisted of the installation of a new traffic signal, minor road widening at the intersection, and pavement striping. B) The final project construction contract totalled $213,400.00. There were no contract change orders. C) The project was completed on schedule and under budget. D) The work is now complete and staff recommends City Council acceptance of this work. 3(f) Z'x,�5� PROJECT I !l/%ATI/'lAl Vicinity Map Argent Road /Saraceno Way /Varney Lane Traffic Improvements Project #C1- 11- 03 -STR RESOLUTION NO. 3 A RESOLUTION ACCEPTING WORK PERFORMED BY NORTHEAST ELECTRIC, LLC, UNDER CONTRACT FOR THE ARGENT ROAD /SARACENO WAY/VARNEY LANE TRAFFIC IMPROVEMENTS, PROJECT #C1- 11- 03 -STR. WHEREAS, the work performed by Northeast Electric, LLC, under contract for the Argent Road /Saracen Way/Vamey Lane Traffic Improvements project has been examined by Engineering and has been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Engineering recommendation that the City of Pasco formally accept the contractor's work and the project as complete; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City Council concurs with Engineering recommendation and thereby accepts the work performed by Northeast Electric, LLC, under contract for the Argent Road/Saraceno Way/Varney Lane Traffic Improvements project, as being completed in apparent conformance with the project specifications and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Manager. PASSED by the City Council of the City of Pasco this 1st day of October, 2012. Matt Watkins Mayor ATTEST: Debra L. Clark City Clerk 0 • ' • ESIFTi].iuil Leland B. Kerr City Attorney AGENDA REPORT FOR: City Council September 20, 2012 Workshop Mtg.: 9/24/12 TO: Gary Crutch 1i Ci Manager Regular Mtg.: 10/1/12 Rick White, Co i ty Economic Development Director FROM: David 1. McDonald, City Planner ezql SUBJECT: Annexation: Water Intake Property (MF# ANX2012 -006) I. REFERENCE(S): I. Vicinity Map 2, Proposed Resolution 3. Notice of Intent to Commence Annexation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 9/24/12: DISCUSSION: 10/1/12: MOTION: I move to approve Resolution No. accepting a petition for annexation of the West Court Street Water Intake Property and providing a determination on the boundary, zoning and indebtedness. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A. In August of this year the city purchased a small parcel of land directly west of the I -182 Bridge in the 11400 block of West Court Street. The property was purchased to accommodate piping and other equipment for a new water intake facility to be located in the Columbia River. B. The property is adjacent to, but currently outside, the city limits. C. The proposed annexation also includes Army Corps of Engineers property and Court Street right -of -way. The inclusion of these additional areas requires use of the "Petition Method" of annexation rather than the more expedient "Municipal Purposes Method ". IV. DISCUSSION: A. The petition method of annexation requires the Council to hold a public meeting upon receipt of a notice of intent to begin the annexation to determine: 1) Whether the city will accept or require modification of the proposed annexation area; 2) Whether the city will require simultaneous adoption of zoning; and, 3) Whether the city will require the property to assume all or a portion of existing city indebtedness (the property is exempt from taxes, however under the petition method of annexation, this is one of the statutory questions required to be answered prior to circulation of the final petition). B. The proposed resolution has been prepared following past practices of accepting the proposed annexation area without requiring simultaneous zoning or the assumption of bonded indebtedness. Zoning will be established following the statutory property owner notification requirements and a public hearing held (by the Planning Commission) separately from the Council hearing on the annexation. C. For municipal oversight, management and permitting purposes the property should be annexed to the city. 3(g) RESOLUTIONNO. 3430 A RESOLUTION ACCEPTING A NOTICE OF INTENT (TEN PERCENT PETITION) TO COMMENCE ANNEXATION PROCEEDINGS, PROVIDING A DETERMINATION ON THE TERRITORY TO BE ANNEXED AND WHETHER SIMULTANEOUS ZONING AND THE ASSUMPTION OF BONDED INDEBTEDNESS WILL BE REQUIRED. WHEREAS, the owner of Lot 11, Harris Subdivision has filed a Notice of Intent to annex to the City of Pasco; and WHEREAS, the City Council of the City of Pasco has reviewed the Notice of Intent and has determined annexation of the territory would support the provision of municipal services within the Pasco Urban Growth Area and is in the best interest of the Pasco community; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, DOES RESOLVE AS FOLLOWS: A) That the City will accept the proposed territory to be annexed as described in Exhibit "A" and depicted in Exhibit `B" attached hereto. B) That the territory to be annexed will not require simultaneous adoption of zoning regulations. Zoning will be determined through a public hearing process with input from affected property owners. C) That the annexation area will not be required to assume any portion of existing City bonded indebtedness. PASSED by the City Council of the City of Pasco this I st day of October, 2012. Matt Watkins, Mayor ATTEST: Debra Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney Exhibit "A" LEGAL DESCRIPTION Water Intake Property Beginning at the southwesterly corner of Lot 11, said corner being the True Point of Beginning; Thence southwesterly along the southwesterly projection of the westerly line of said Lot 11, to the intersection with the existing City Limit line; Thence northeasterly along said City Limit line to the intersection with the northerly right -of- way line of West court Street; Thence northwesterly along said northerly right -of -way line to the intersection with the northeasterly projection of the westerly line of said Lot 11; Thence southwesterly along said projected line to the southerly right -of -way line of West Court Street; Thence continuing southwesterly along the westerly line of said Lot 11, to the True Point of Beginning. C<�S °LL ct Ct ct N O t NO co N -+- J Q� O� NOTICE OF INTENTION TO COMMENCE ANNEXATION PROCEDURES TO: The City Council of the City of Pasco 525 North Third Avenue Pasco, Washington 99301 Council Members: The undersigned, who are the owners of not less than ten percent in value, according to the assessed valuation for general taxation of the property for which annexation is sought, hereby advise the City Council of the City of Pasco that it is the desire of the undersigned owners of the following area to commence annexation proceedings. The property herein referred to is described on Exhibit "A" attached hereto and is depicted on Exhibit "B" further attached hereto. It is requested that the City Council of the City of Pasco set a date not later than sixty days after the filing of this request for a meeting with the undersigned to determine: (1) Whether the City Council will accept the proposed annexation; and, (2) Whether the City Council will require the assumption of existing City indebtedness by the area to be annexed; and, (3) Whether the City Council will require simultaneous zoning. This page is one of a group of pages containing identical text material and is intended by the signers of this Notice of Intention to be presented and considered as one Notice of Intention and may be filed with other pages containing additional signatures which cumulatively may be considered as a single Notice of Intention.. 1. Please print your name in addition to signing. NAME ADDRESS DATE Exhibit "A" LEGAL DESCRIPTION Water Intake Property Beginning at the southwesterly corner of Lot 11, said corner being the True Point of Beginning; Thence southwesterly along the southwesterly projection of the westerly line of said Lot 11, to the intersection with the existing City Limit line; Thence northeasterly along said City Limit line to the intersection with the northerly right -of- way line of West court Street; Thence northwesterly along said northerly right -of -way line to the intersection with the northeasterly projection of the westerly line of said Lot 11; Thence southwesterly along said projected line to the southerly right -of -way line of West Court Street; Thence continuing southwesterly along the westerly line of said Lot 11, to the True Point of Beginning. b c� ct 4� O O`�� < `'cps .d+ . Ct .� p U r-+ �O AGENDA REPORT FOR: City Counc' TO: Gary Crutch i Manager FROM: Stan Strebel, D puty City Manage SUBJECT: Lewis Street Property Acquisition 1. REFERENCE(S): 1. Vicinity Map with Subject Parcels Highlighted 2. Proposed Resolution September 24, 2012 Regular Mtg.: 10/1/12 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 10 /1: MOTION: I move to approve Resolution No6431 authorizing commencement of condemnation litigation for the construction of the Lewis Street Overpass. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) On August 6, Council adopted an Ordinance amending the city's prior Ordinance ( #3968) identifying property necessary for the Lewis Street Overpass. The amendment added one additional property, located at the intersection of Lewis Street and Oregon Avenue, for which partial acquisition is needed to construct the project. With the exception of the additional parcel, negotiations enabling the city to acquire all other parcels needed for the project have now been successful. B) While negotiations are continuing with the representative of the property owner, staff feels it is necessary for the city to take the next step in the process, Council's authorization of initiation of a Petition for Condemnation in Franklin County Superior Court. The petition will provide for the acquisition of the property by eminent domain and for the determination of just compensation. Council authorization at this time will allow for filing with the Court in the event negotiations hit impasse. C) This item was discussed with Council at the meeting of September 10; due to the cancelation of the meeting of September 17, the resolution is recommended for Council action on October 1, 2012. 3(h) M` Mel N N N i2 Y Y > N Z 0 w3ww55 E i N �3�= N N N c 0 0 0 o 0 0 a � �,• z I oc �., \ � aye � .N QLn 3 3 F u CT or N N N m N N o 0 N N 3 3 m m a 0 3 ° N r01 ° m m a m 4 3% T N Q Q Q a a Q ,r a�A 0 N NNN N E z z 0 0 m das morn 0 yt z z z z �f 20cC1¢uih7> W s a o i i o 0 y Q a a z 0 zr g p p d n a N 1a) O O Q m V O U S Y 11* z p p p K r, � I , c `7 N N N i2 Y Y > N Z 0 w3ww55 i N �3�= N N N c 0 0 0 o 0 0 a � V V z W W O !R 3 3 3 3 3 3 u N N m N N o 0 N N 3 3 m m a 0 3 ° N r01 ° m m a m 4 r01 .N4 m N 0 N NNN N E z z 0 0 0 z z z z z W s a o i i o 0 y Q a a z 0 4 g p p d n a Z N O O N z z z p p p K 4 m 5 m Z Z Z G o F W w a 3 z i i d W x W m m 6 W N 0 0 0 O O O w Z g Y O O 0 2 2 0 z 0 0 0 U U U S w m u n ZU''Z a a Z 2 i Z n a W a N O N w 0 2 O 0 S 0 rrO 0 3 w 0 Z r Z m m Z Z 0 o G m i Y f O. 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WHEREAS, the City Council has determined the necessity of acquisition of real property for the construction of the Lewis Street Railroad Overpass; and WHEREAS, the City Council has adopted Ordinance No. 4068 on August 6, 2012, authorizing the initiation of a Petition for Condemnation of real property necessary for the construction of the Lewis Street Overpass, specifically adding the property owned by Amrik S and SK Sihota; and WHEREAS, Ordinance No. 4068 authorized the City Manager to proceed with the acquisition of the property by negotiation, and, if necessary upon approval by the City Council, initiate a Petition for Condemnation of that real property in Franklin County Superior Court; and WHEREAS, continued negotiations have not resulted in an agreement for the acquisition of this real property, and City Council approval is necessary for initiating condemnation litigation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. The City Manager is authorized to initiate litigation pursuant to RCW 8.12 for the acquisition of that real property described as: Lots 7 through 16, inclusive, Block 119, PASCO LAND CO'S FIRST ADDITION TO PASCO, according to the plat thereof recorded in Volume B of plats, Page 39, Records of Franklin County, Washington. Known as 1211 East Lewis Street, Pasco, Washington, and owned by Amrik S and SK Sihota and /or any other persons having an ownership interest therein, for the purpose of acquiring that portion of the above - described property necessary for the construction of the Lewis Street Railroad Overpass. Section 2. The City Manager is further authorized to sign such pleadings, including the verification of the Complaint, as may be necessary for the prosecution of such litigation. PASSED by the City Council of the City of Pasco, Washington, as its regular meeting dated this day of October, 2012. Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney GENERAL FUND OPERATING STATEMENT THROUGH AUGUST 2012 TOTAL EXPEND & END FUND SAL 31,487,834 42,314,656 AVAILABLE CASH BALANCE 8,420,313 PERCENTAGE OF BUDGET ALLOCATED FOR 8 MONTHS $1,650,000 early pay -off 2002 LTGO These statements are intended for Management use only. 67% 30,788,734 36,371,124 10,131,493 6(b) YTD 2012 % OF YTD TOTAL % OF 2012 ORIGINAL ANNUAL 2011 2011 TOTAL ACTUAL BUDGET BUDGET ACTUAL BUDGET ACTUAL REVENUE SOURCES: TAXES: PROPERTY 3,493,251 6,200,000 56.3% 3,390,305 6,000,000 56.5% SALES 6,012,971 8,265,000 72.8% 5,889,354 8,225,000 71.6% UTILITY 5,394,851 7,751,660 69.6% 5,238,315 7,560,000 69.3% OTHER 812,696 1,035,000 78.5% 797,692 1,015,000 78.6% LICENSES & PERMITS 1,270,222 1,093,700 116.1% 1,276,951 1,052,650 121.3% INTERGOV'T REVENUE 1,319,676 1,679,700 78.6% 1,321,326 1,632,200 81.0% CHARGES FOR SERVICES 2,686,389 4,531,330 59.3% 2,277,712 3,007,750 75.7% FINES & FORFEITS 535,538 977,200 54.8% 599,283 971,600 61.7 % MISC. REVENUE 516,780 672,245 76.9% 513,999 634,200 81.0% OTHER FINANCING SOURCES 108,942 138,000 78.9% 69,497 100,000 69.5% TOTAL REVENUES 22,151,316 32,343,835 68.5% 21,374,435 30,198,400 70.8% BEGINNING FUND BALANCE 9,336,518 6,762,489 9,414,299 6,000,118 TOTAL SOURCES 31,487,834 39,106,324 80.5% 30,788,734 36,198,518 85.1% EXPENDITURES: CITY COUNCIL 76,276 118,807 64.2% 70,341 118,040 59.6% MUNICIPAL COURT 867,542 1,335,634 65.0% 808,555 1,275,150 63.4% CITY MANAGER 664,727 951,034 69.9% 596,124 915,410 65.1% POLICE 6,981,449 11,449,715 61.0% 7,243,739 11,284,368 64.2% FIRE 2,836,476 4,164,541 68.1% 2,717,867 4,193,418 64.8% ADMIN & COMMUNITY SVCS 4,230,467 6,456,743 65.5% 3,956,522 5,595,700 70.7% COMMUNITY DEVELOPMENT 768,879 1,208,878 63.6% 664,795 1,101,400 60.4% ENGINEERING 837,806 1,514,469 55.3% 844,854 1,193,280 70.8% MISC. NON-DEPARTMENT 4,591,190' 7,203,966 63.7% 2,102,234 3,545,360 59.3% LIBRARY 763,869 1,148,380 66.5% 890,768 1,148,880 77.5% TOTAL EXPENDITURES 22,618,681 35,552,167 63.6% 19,895,799 30,371,006 65.5% ENDING FUND BALANCE 8,869,153 6,762,489 10,892,935 6,000,000 TOTAL EXPEND & END FUND SAL 31,487,834 42,314,656 AVAILABLE CASH BALANCE 8,420,313 PERCENTAGE OF BUDGET ALLOCATED FOR 8 MONTHS $1,650,000 early pay -off 2002 LTGO These statements are intended for Management use only. 67% 30,788,734 36,371,124 10,131,493 6(b) AGENDA REPORT FOR: City Council ( ) September 18, 2012 TO: Gary Crutchfie`lVanager Workshop Mtg.: 9/24/12 Regular Mtg.: 10/1/12 FROM: Stan Strebel, Deputy City Manage SUBJECT: Street Closure Requests I. REFERENCE(S): Proposed Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 9/24: Discussion — Provide Direction to Staff 10 /1: MOTION: I move to adopt Ordinance No. , amending Chapter 5.25 and Chapter 3.07 of the Pasco Municipal Code, regarding street and intersection closures and, further, to authorize publication by summary only. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: At the meeting of August 27, Council reviewed and discussed the issues associated with street closure for special events as described herein below. Council's general consensus and direction was for staff to develop a process for review of road closures under the general approach suggested in D)2 below, Pre - Screen Applications. The attached Ordinance includes a proposed new section to be added to the Special Events Approval Process and incorporates: 1. Minimum requirements for all applicants — utilizing the best risk management practices. 2. A committee consisting of the City Engineer, Fire and Police Chiefs (or designees) to review all applications for special circumstances and against specific criteria as listed. 3. Appeal of the committee's decision can be made to the City Manager, as with other appeals on Special Events application determinations. Additionally, the Ordinance amends Chapter 3.07, specifying a review fee ($50.00) for street and intersection closure requests. Staff recommends approval of the Ordinance. A) The City adopted a formal process for review and approval of Special Event permits in 2001. The purpose statement included within the regulations concludes "...for the purpose of regulating those events, which are intended to draw large numbers of people, involve the use of public facilities and to establish a fee required to defray the costs of assuring the public health and safety." B) Special Event applications are often accompanied by requests for temporary street closures in order to accommodate the event. Requests for events range from multi -day community -wide festivals to fairly limited duration block or private parties. 8(a) C) The Manual on Uniform Traffic Control Devices (MUTCD) is the standard for traffic control signage, markings, barricades, etc., and provides specific detail on acceptable barricades and methods for temporary street closures. Requiring compliance with MUTCD standards for such closures is an important part in accident prevention and risk management. While large, well - organized events typically have greater resources to access necessary personnel and equipment for proper temporary closures, this becomes more of a challenge for smaller, informal or private groups where a lack of funding, time and experience may contribute to substandard closure methods. Further, because of potential for accidents or liability claims associated with temporary traffic control situations, the issues of indemnification and insurance must be considered. Given Council's decision to opt for a high dollar deductible under the City's WCIA liability pool participation, it becomes even more important to carefully manage the potential risk associated with temporary street closures for special events. D) Staff request Council's direction with respect to street closure for special events so that a clear written policy can be adopted. Some possible policy options, together with plausible cost, administration and public perception implications are as follows: 1. Accept and process all applications for street closures under uniform requirements, including insurance, MUTCD compliance, with applicant to bear all costs. Implementation: simplifies review process and minimizes risk to City. Avoids questions or the "reasonableness" of closure applications, as long as requirements are met. 2. Pre - screen applications for street closure under a "public need" or "public interest" criteria. Deny narrow interest applications which do not meet criteria. Regulate approved applications for closure under uniform requirements, etc. (as above). Implementation: tends to reduce the number of applications that are formally considered. Requires a "decision maker" to apply the criteria. Minimizes accident risk to City; could give rise to claims /issues with respect to screening decision. 3. Process applications for street closures based on size /length/complexity (i.e., potential risk — a dead end street is less risk to close than main street). Apply insurance and technical standards, which can vary, depending on complexity of closure, traffic volumes, etc. Implementation: requires more specific criteria to determine potential risk. Most likely more administration oversight and cost. This approach may seem more flexible to applicants of smaller events. E) Finally, Council may want to consider that the City has (in the past) sponsored or partnered in many events, providing time and equipment, in varying degrees, to effect closure. A policy to outline future City involvement may be appropriate. Some applicants have requested street closure for limited private purposes (i.e., birthday parties); it seems that both "why" and "how" are appropriate questions to address in policy. ORDINANCE NO. An Ordinance of the City of Pasco, Washington amending Chapter 5.25 and Chapter 3.07 of the Pasco Municipal Code, Regarding Street and Intersection Closures. WHEREAS, the City Council has determined that certain requirements are necessary for the closure of public streets and intersections for special events, as defined in Chapter 5.25 to the Pasco Municipal Code; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1, A new Section 5.25.115, entitled "STREET AND INTERSECTION CLOSURES" is hereby added to the Pasco Municipal Code to read as follows: 5.25.115 STREET AND INTERSECTION CLOSURES A) Each application for a special events permit which includes a request for a closure (or partial closure) of a street or intersection shall include the following: 1. Indemnity. The applicant shall be required to sign a statement that he or she shall defend, indemnify and otherwise hold harmless the City of Pasco, its officers, employees and agents from any and all claims or liability arising from the City's grant of permission for or the actual conduct of the special event associated with, and including, such street closure. 2. Insurance. The applicant shall provide evidence of liability insurance coverage, for review by the City's risk manager, with the City of Pasco, its officers, employees and agents named as additional insured parties and offering death, personal injury and property damage liability in an amount not less than $1 million. 3. Notice. The applicant shall provide for payment of one newspaper publication and posting, at each end of the to be closed portion of the street and at all intersecting streets, of the notice of street closure (for closures of duration in excess of twelve (12) hours) pursuant to RCW 47.48.020; or for closures of less than twelve (12) hours, posting of such notice, posting only as outlined above. 4. Traffic Control Plan and Devices. The applicant shall provide a plan and such barricades, traffic cones or signs, in conformance with the most current version of the Manual on Uniform Traffic Control Devices (MUTCD) as adopted by the State of Washington and approved by the City Engineer, as are necessary to accomplish the proposed closure. The City does not provide or lend traffic control equipment except for City- sponsored events and closures. 5. Review Fee. A review fee, which shall be in addition to any special event fee, and as set forth in Chapter 3.07 of this code, shall be required with each application for closure of a street or intersection. The fee shall be non- refundable, regardless of whether the application is approved or denied. B) Each street closure request contained within an application for special event shall be reviewed by a committee consisting of the City Engineer (or designee), the Police Chief (or designee) and the City Fire Chief (or designee). The committee shall determine if requested street or intersection closures will be allowed, together with any additional requirements for or traffic flow, public safety, access or public notice. Any appeal of the decision of the committee may be made to the City Manager pursuant to section 5.25.090. C) The committee shall approve an application for a street or intersection closure which satisfies the requirements set out in subsection A, above; together with such other requirements as the committee may impose, pursuant to subsection B, unless it finds one or more of the following conditions, in which case the application shall be denied: 1. That the closure is likely to unreasonably interfere with vehicle or pedestrian traffic flow or 2. That the closure is likely to create an urunitigatable danger to vehicular or pedestrian traffic or 3. That the closure will cause irrevocable interference with previously approved and /or scheduled construction, maintenance or other activities or 4. That the closure will seriously inconvenience the general public's use of public property, services or facilities or 5. That there are not sufficient public safety personnel or other necessary city staff to accommodate the closure so that it may occur in a reasonably safe manner or 6. That the closure would endanger public safety or health or 7. That the closure would be likely to cause unreasonable damage to public properties or facilities. 8. That the closure is not necessary to accommodate an event or activity sponsored by a public entity or available to the general public for the period of the closure. Section 2. Section 3.07.050 S) "Special Events" of the Pasco Municipal Code is hereby amended to read as follows: S) Special Events 1. Athletic, Competitive or Festival $25.00 5.25.070 2. Concert $25.00 5.25.070 3. Dance Hall - without liquor $75.00 5.25.070 a) Additional square footage 4. Dance Hall - with liquor $350.00 5.25.070 a) Additional square footage 5. Demonstration $15.00 5.25.070 6. Outdoor Music Festival $25.00 5.25.070 7. Parade $15.00 5.25.070 8. Public Dance $15.00 5.25.070 9. Temporary Special Sales Event - $40.00 for first vendor 5.25.070 (maximum for event $500.00) a) Each additional vendor $20.00 10. Street and Intersection Closure $50.00 5 25 115(A)(5) Review Fee Chapter 5.25 and Chapter 3.07- Street and Intersection Closures Page 2 Section 3. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, this 151 day of October, 2012. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney Chapter 5.25 and Chapter 3.07- Street and Intersection Closures Page 3 AGENDA REPORT FOR: City Council September 25, 2012 TO: Gary Crutch r Manager Regular Mtg.: 10/1/12 Rick White, /J Community & co is Development Directo #, / „ FROM: Jeffrey B. Adams Y� t SUBJECT: REZONE: Rezone from CR (Regional Commercial District) to C -1 (Retail Business District) (MF# Z 2012 -004). I. REFERENCE(S): 1. Vicinity Map 2. Proposed Ordinance 3. Planning Commission Report 4. Planning Commission Minutes: Dated 8/22/2012 & 9/20/12 II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 10 /1: MOTION: I move to adopt Ordinance No. , an Ordinance rezoning the property located at 3521 W. Court Street from CR to C -1, and further, authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On August 22 "d, 2012 the Planning Commission conducted a public hearing to determine whether or not to recommend a Rezone from CR (Regional Commercial District) to C -1 (Retail Business District) for lots 1 & 2 of Binding Site Plan 2011 -05, located at 3521 W. Court Street. B. Following the conduct of a public hearing, the Planning Commission reasoned it would be appropriate to recommend a change in zoning for the property in question. C. No written appeal of the Planning Commission's recommendation has been received. 8(b) • � -- 71 i,�� � � �1 I liny� i4 �n�r^` .uux.r+M�1L --° 1 F Rl G * rmw f s =`i14 r 1 ► '"� $xx • 4 /�� 4 Z61 6L y: -17C Mf ON LWU 3 mi W i r aaT N 7, 1 NI i �`•" �°° _ W U Aid HJLLC t F 9,c..aawoa MOW [ � 0 :. 4•t y� Y -. / y+� . �k� b iTy' � ILL � ..- �� 1♦�s. fi- �.1� 'R'♦ ~ � �n� ��r ill(1 �...�4: + ,.I ^ � 1 r }iY.__ 0 Rom 40 42 kR WHEN RECORDED, PLEASE RETURN TO: City of Pasco Attn: City Planner 525 N. Third Avenue Pasco, WA 99301 ORDINANCE AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE ZONING CLASSIFICATION OF LOTS 1 & 2 OF BINDING SITE PLAN 2011 -05, LOCATED AT 3521 W COURT STREET FROM CR (REGIONAL COMMERCIAL DISTRICT) TO C -1 (RETAIL BUSINESS DISTRICT). WHEREAS, a complete and adequate petition for change of zoning classification has been received and an open record hearing having been conducted by the Pasco Planning Commission upon such petition; and, WHEREAS, that the effect of the requested change in zoning classification shall not be materially detrimental to the immediate vicinity; and, WHEREAS, based upon substantial evidence and demonstration of the Petitioner, that: (A) the requested change for the zoning classification is consistent with the adopted Comprehensive Plan; (B) the requested change in zoning classification is consistent with or promotes the goals and objectives of the Comprehensive Plan serving the general public interest in the community; and (C) there has been a change in the neighborhood or community needs or circumstances warranting the requested change of the zoning classification; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed from CR (Regional Commercial District) to C -1 (Retail Business District) for the real property as shown in the Exhibit "1" attached hereto and described as follows: Lots 1 & 2 of Binding Site Plan 2011 -05 Section 2. This ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. Passed by the City Council of the City of Pasco this 1" day of October, 2012. Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney H i a � 4J � bA - 17E adoN j �cto - H � ct a Id H1L£ 8E Ovoll 0 FMO Al l REPORT TO THE PLANNING MASTER FILE NO. Z 2012 -004 APPLICANT: Gen. Advertising Agency HEARING DATE: 8/16/2012 PO Box 5894 ACTION DATE: 9/20/2012 Pasco, WA BACKGROUND REQUEST FOR REZONE: Rezone from CR (Regional Commercial District) to C -1 (Retail Business District) 1. PROPERTY DESCRIPTION: Legal: Binding Site Plan 2011 -05, Lots 1 & 2. Location: 3521 W Court Street Property Size: Approximately 5.61 acres 2. ACCESS: The property has access from Court Street along the south property line and Road 36 to the west. 3. UTILITIES: All utilities are available to the site. 4. LAND USE AND ZONING: The site is currently zoned CR (Regional Commercial). The site is developed with a 76,000 square -foot retail building. Surrounding properties are zoned and developed as follows: North R -S -12 (Suburban Residential) - SFDUs South C -3 (General Commercial) - Post Office East CR (Regional Commercial) - Retail West R -1 (Low- Density Residential) - SFDUs 5. COMPREHENSIVE PLAN: The Comprehensive Plan Land Use Map designates this area for commercial uses. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Determination of Non - significance (DNS) has been issued for this project under WAC 197- 11 -158. ANALYSIS The property is approximately 5.61 acres fronting Court Street along the south property line and fronting Road 36 to the west. It is developed with a 76,000 square -foot retail building formerly occupied by K -Mart and more recently the International Plaza. The building is part of a strip mall with 20,500 square feet of divided retail spaces directly adjoining to the east and another 46,000 square -foot retail space at the east end of the development. The property was annexed into the City in 1979, at which time it was zoned C- 1 -D (Designed Shopping Center). The property has since been rezoned to C -1 and in 2003 to CR with a concomitant agreement containing two conditions, as follows: A. The following uses shall be prohibited: 1) Amusement game centers, recreation centers or similar uses; 2) The use of outdoor speakers and public announcement systems of any kind. B. The following design controls shall apply to these properties: 1) All outdoor lighting must be strictly shielded to prevent lighting from encroaching on adjoining residential property; 2) All new development and site improvements shall comply with the 1 -182 Corridor Design Standards as identified in P.M.C. 25.58 as existing and hereafter amended. Applicant wishes to rezone the subject property from CR (Regional Commercial District) to C -1 (Retail Business District) to allow for donation -based secondhand thrift shop use by special permit. The City of Pasco Comprehensive Plan shows the property to be within a commercial designation, and the Comprehensive Plan Land Use Map indicates the property in question should be utilized for commercial uses. The proposed zoning change from CR to C -1 will be more restrictive with the exception of allowing donation -based secondhand uses with a special permit. The property has been vacant or underutilized for 12 years. The rezone in 2003 from C -1 to CR was an effort by the owner at the time to broaden opportunities to market the building for commercial uses. The hope at the time was to provide additional space for auto and RV sales. The building subsequently continued to be vacant or underutilized with CR zoning and is vacant today. The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria are listed below as follows: (1) The changed conditions in the vicinity which warrant other or additional zoning: This property was zoned CR (Regional Commercial) in 2003 with the expectation that the CR Zoning would broaden opportunities for the reuse and redevelopment of a major commercial building within the community. Following the CR rezone the property remained underutilized and vacant and has continued to deteriorate. The property has remained vacant while major new commercial property investment has occurred in the Road 68/100 areas. 2 (2) Facts to justify the change on the basis of advancing the public health, safety and general welfare: The building owner is working with a donation -based thrift shop client and will lease or sell the property, contingent upon approval of both this rezone and a special permit. The rezone will allow for donation -based secondhand sales with a special permit. Recently the Pasco Municipal Code was revised to allow this process to occur in the C -1 Zoning District. The opportunity to provide for new private investment through a special permit process will advance the general welfare of the community. (3) The effect it will have on the nature and value of adjoining property and the Comprehensive Plan: The buildings have been underutilized or vacant for many years. A rezone would have minimal impact on the site and surrounding properties, as the C -1 zone allows for less intensive uses than does the current CR Zone, with the exception of donation -based secondhand thrift stores. (4) The effect on the property owners if the request is not granted: The current property owners have lined up a donation -based thrift shop client for the building, contingent upon approval of both the rezone and a special permit. If both the rezone and the special permit are not secured the donation -based thrift shop client will be unable to use the building and the building will likely remain empty. (5) The Comprehensive Plan land use designation for the property: The Comprehensive Plan Land Use Map designates the site for commercial uses. The proposed rezone will make no difference vis -a -vis the Comprehensive Plan. 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 site was annexed by the City of Pasco in 1982 (Ordinance #2388). 2. The site was rezoned from C -1 to CR in 2003 (Ordinance #3620). 3. The site is currently zoned CR (Regional Commercial District) and has been zoned CR for approximately 9 years. 3 4. Properties to the east are also zoned CR and are developed with retail buildings. 5. The site borders R -1 and RS -12 Zones to the west and north, respectively, which are developed with single - family homes. 6. The Comprehensive Plan designates the site for commercial uses. 7. The site is developed with a 76,000 square -foot retail building. 8. This building has been vacant or underutilized for 12 years. 9. Applicant is requesting a change of zoning from CR to C -1. 10. Applicant is concurrently applying for a special permit for a donation - based thrift shop with this rezone application. 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. The proposal is consistent with Land Use Policy LU -1 -B of the Comprehensive Plan, which seeks to "Enhance the physical appearance of development within the community through land use regulations, design guidelines, and performance and maintenance standards including landscaping, screening, building facades, color, signs, and parking lot design and appearance," and Policy LU -3 -C which seeks to "Maintain and apply design standards and guidelines that will result in attractive and efficient centers." Applicant wishes to bring a client to the property who is planning on rehabilitating the building on the site and bringing the landscaping up to current City code. Furthermore, the City has recently passed a Code Amendment allowing secondhand stores in C -1 Zones, which is in keeping with Policy ED -1 -A to "Provide a governmental atmosphere which is conducive to the development and expansion of business opportunities." Policy ED -3 -A requires the City to "Enhance compatibility of commercial and industrial development with residential and mixed use neighborhoods through the use of landscaping, screening, and superior building design standards and guidelines," and Policy ED -3 -C requires the City to "Provide sufficient, accessible, and attractive off - street parking facilities" and Policy ED -3 -D, to "Require existing commercial . . . facilities to conform to city design and site amenity standards, when expansion and /or new facilities are proposed." These mitigation efforts occur in the process of assigning conditions to the special permit. (2) The effect of the proposal on the immediate vicinity will not be materially detrimental. It is believed that the rezone will not have any adverse effect on adjacent property values, as the property has been used for general commercial purposes in the past and will continue to do so. Furthermore, the surrounding neighborhood is almost completely developed and infrastructure is in place, including traffic signalization at surrounding intersections. (3) There is merit and value in the proposal for the community as a whole. The building has been vacant or underutilized for some time. Applicant has a client prepared to invest in the site and occupy the building. The rezone will be more restrictive overall, as the CR Zone allows additional uses to those allowed in the C -1 Zone. (4) Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. No conditions should be necessary for this rezone. (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. No Concomitant Agreement conditions should be necessary for this rezone. RECOMMENDATION MOTION: I move to adopt findings of fact and conclusions therefrom as contained in the September 20, 2012 staff report. MOTION: I move based on the findings of fact and conclusions therefrom the Planning Commission recommend the City Council approve a Rezone from CR (Regional Commercial District) to C -1 (Retail Business District) for lots 1 & 2 of Binding Site Plan 2011 -05, located at 3521 W Court Street. 5 O ct (4t4 ON 4-4 r-I a ! 140114 dll yl hi� 7 1 i I C77 - A� vc avoN --- ......... . ..... ..... r4.: , eJr, 4v, - - •i in I I I i I I �i as avolf rf ap Q ILL G1 - W - - "'■■� IL r- t W O ■ Cl) O ss avoa O •• N `U w a� N v .all ct I"�' 3 �.' ; - 1 ld H1L£ s avoa__ Q 0 LL lzAA++ I OI i I I -- -- - - - - - -- I z ap o a� O � O � � N O � � N ct RCN ,POO o N _r V W FM -M 1 V vs ddoa BE CIVON -I W -• ' m aa. l, - i� is H11£ - -- - _ BE agoa _ 1 N .I zw z pg pp y ¢ LD 3 3 I ...48 =gi ffB 3�F3R �8 I I Z av, a s MA j U �� u Cn ai w m p °QQ 4 r U I 1 R I o � F L Sll 1 ' 3g2 Planning Commission Minutes 8/22/2012 E. Rezone Rezone from CR (Regional Commercial) to C -1 (Retail Business) (General Advertising Agency) (MF# Z2012 -0041 Chairman Cruz read the master file number and asked for comments from staff Rick White, Community 8v Economic Development Director, discussed this proposed rezone from CR (Regional Commercial) to C -1 (Retail Business) for the property located at 3921 W. Court Street. The site was zoned to CR in 2003 with conditions as outlined in the staff report. The applicant wishes to rezone the property from CR to C -1 to enable them to apply for a special permit application to allow a donation -based thrift store. Mr. White pointed out the staff report contained an analysis and discussion of the criteria that the City requires for rezones, consistent with PMC 25.88 and a proposed listing of staff findings and conclusions. The report explains the rezone is not expected to have adverse impacts on the neighborhood because the site has been used for commercial purposes in the past and the neighborhood has been built up with proper traffic and utility infrastructure in place. Staff also does not believe a concomitant agreement is necessary, given the fact that the Planning Commission has the opportunity to review the thrift store proposal through the special permit process. James Wade, 1720 Horn Avenue, Richland, WA, of NAI Tri- Cities represented his client, Alex Kim of Riverview Plaza. Mr. Kim has strong support for the rezone to C -1 as well as the next item on the agenda, the special use permit for a donation -based thrift store. The application for this rezone was made due to staff recommendation as the best option that will allow conformity with zoning guidelines and would be complementary to the surrounding business community. The requested rezone and special use permit will allow a current Pasco retailer to expand their operations while redeveloping a 76,000 square foot location that will generate over 30 jobs, increase the tax base and produce expected sales of $344 million annually and consume a storefront that has been vacant for many years. Commissioner Levin moved, seconded by Commissioner Kempf, to close the public hearing and schedule deliberations, the adoption of findings of fact, and development of a recommendation for City Council for the September 20, 2012 Planning Commission meeting. The motion passed unanimously. Planning Commission Minutes 9/20/2012 D. Rezone Rezone from CR (Regional Commercial) to C -1 1Retail Business) (General Advertising Agency) IMF# Z2012 -0041 Chairwoman Kempf read the master file number and asked for comments from staff Rick White, Community & Economic Development Director, discussed the application for a rezone application from a CR (Regional Commercial) Zone to a C -1 (Retail Business) Zone. He explained that nothing has been added since the previous staff report. Commissioner Khan moved, seconded by Commissioner Greenaway, to adopt findings of fact and conclusions therefrom as contained in the September 20, 2012 staff report. The motion passed unanimously. Commissioner Khan moved, seconded by Commissioner Greenaway, based on findings of fact and conclusions therefrom the Planning Commissioner recommend the City Council approve a rezone from CR (Regional Commercial) District to C -1 (Retail Business) District for lots 1 & 2 of Binding Site Plan 2011 -05, located at 3521 W. Court Street. The motion passed unanimously. AGENDA REPORT FOR: City Council September 25, 2012 TO: Gary Crutchfiel y anager Regular Mtg.: 10/1/12 Rick White, �j Community & conomic Development Director/ ,, j FROM: Jeffrey B. Adams 4/[` FROM: SPECIAL PERMIT: Location of a donation -based thrift shot) in a C -1 Zone (MF# SP 2012 -019). I. REFERENCE(S): 1. Vicinity Map 2. Proposed Resolution 3. Planning Commission Report 4. Planning Commission Minutes: Dated 8/22/2012 and 9/20/12. II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 10/1: MOTION: I move to adopt Resolution No. , approving a Special Permit for the location of a donation -based thrift shop at 3521 W. Court Street as recommended by the Planning Commission. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On August 22 "d, 2012 the Planning Commission conducted a public hearing to determine whether or not to recommend special permit be granted for the location of a donation -based thrift shop at 3521 W. Court Street. B. Following the conduct of a public hearing, the Planning Commission reasoned with conditions, it would be appropriate to recommend approval of a special permit for the location of a donation -based thrift shop at 3521 W. Court Street. C. The recommended conditions are contained in the attached resolution. D. No written appeal of the Planning Commission's recommendation has been received. 8(c) z 1 \VJ7-;I • �{ $M n CC3•� � .4 ct .. CIA 4-4 PL+ O ct •� bV f. 79 or Fj pit ! f kff c f C J �• 'r �J .f VC ♦ ♦V�fa yy[p f Vllr ?. �YiSU µ 14, ,• f Q} C, iftlk A f It ♦( t —fin �� fy4 I L� - - r vs —adoa �II ✓z�✓1, ' f -�: al 5 p,} 1:111 1 _a C _ F F RESOLUTION NO. A RESOLUTION ACCEPTING THE PLANNING COMMISSION'S RECOMMENDATION AND APPROVING A SPECIAL PERMIT FOR THE LOCATION OF DONATION -BASED THRIFT SHOP AT 3521 W COURT STREET WHEREAS, Goodwill Industries of the Columbia Basin submitted an application for the location of a donation -based thrift shop in a C -1 (Retail Commercial) Zone (Parcel No. 119 - 272 -172; Binding Site Plan 2011 -05, Lot 1); and, WHEREAS, the Planning Commission held a public hearing on August 22, 2012 to review the proposed donation -based thrift shop; and, WHEREAS, following deliberations on September 20, 2012 the Planning Commission recommended approval of a Special Permit for a donation -based thrift shop with certain conditions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: 1. That a Special Permit is hereby granted to Goodwill Industries of the Columbia Basin for the location of a donation -based thrift shop in a C -1 (Retail Commercial) Zone under Master File # SP2012 -019 with the following conditions: a) The special permit shall apply to Parcel No. 119 - 272 -172. b) Signs shall be posted on all sides of the building indicating drop -offs and donations are not accepted after hours. c) No donation collection areas are permitted on the property except in the donation canopy area. No donation boxes, trailers, containers or similar items for the collection of donations shall be permitted outside the building. d) No food commodities or other materials shall be stored outside of the building.. e) A raised landscaped island shall be installed immediately to the west of the donation canopy. Said landscaped island shall be at least 8 feet wide at the widest point and shall extend north and south of the donation canopy at least 10 feet. The landscaped island shall contain a mixture of complementary shrubs that will form a visual barrier between the donation center and the sidewalk along Road 36. I) A four foot decorative fence complementing the design and color of the building and canopy shall be installed between the westerly support columns of the donation canopy. Said fence shall be raised six inches off the ground. g) The landscaping buffer along Road 36 shall be extended the full length of the property excluding driveways. The additional landscaped buffer shall extend 8 feet easterly of the Road 36 sidewalk. 1 h) Landscaped islands shall be installed at the ends of each row of parking stalls and in the interior of rows to ensure no parking stall is more than 75 feet from a landscape element. i) All landscape islands, beds and buffers must contain automated irrigation systems. j) A landscape plan must be submitted and approved by the Community and Economic Development Director. k) The driveway entrances shall be reconstructed to meet current ADA requirements. 1) The rehabilitation of the exterior elevations shall be required and said rehabilitation shall incorporate at least three design elements per elevation as identified in PMC 25.58. m) Building and parking lot lighting shall be shielded to prevent light spillage into adjacent properties. n) The special permit shall be null and void if a building permit has not been obtained by January 1, 2015. Passed by the City Council of the City of Pasco this I" day of October, 2012. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Ken, City Attorney 2 REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 2012 -019 HEARING DATE: 8/16/12 ACTION DATE: 9/20/12 APPLICANT: Goodwill Industries of the Columbia Basin 815 N Kellogg St Kennewick WA BACKGROUND REQUEST: SPECIAL PERMIT: Location of a donation -based thrift shop in a C -1 Zone. 1. PROPERTY DESCRIPTION: Legal: Binding Site Plan 2011 -05, Lot 1. Location: 3521 W Court Street Property Size: Approximately 5.12 acres 2. ACCESS: The property has access from Court Street along the south property line and Road 36 to the west. 3. UTILITIES: All utilities are available to the site. 4. LAND USE AND ZONING: The site is currently zoned CR (Regional Commercial). The site is developed with a 76,000 square -foot retail building. Surrounding properties are zoned and developed as follows: North R -S -12 (Suburban Residential) - SFDUs South C -3 (General Commercial) - Post Office East CR (Regional Commercial) - Retail West R -1 (Low- Density Residential) - SFDUs 5. COMPREHENSIVE PLAN: The Comprehensive Plan Land Use Map designates this area for commercial uses. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, city development regulations, and other information, a threshold determination resulting in a Determination of Non - significance (DNS) has been issued for this project under WAC 197 -11 -158. ANALYSIS The property is approximately 5.12 acres fronting Court Street along the south property line and fronting Road 36 to the west. It is developed with a 76,000 square -foot retail building formerly occupied by K -Mart and more recently the International Plaza. The building is part of a strip mall with 20,500 square feet of divided retail spaces directly adjoining to the east and another 46,000 square -foot retail space at the east end of the development. The property was annexed into the City in 1979, at which time it was zoned C- 1-D (Designed Shopping Center). The property has since been rezoned to C -1 and in 2003 to CR with a concomitant agreement containing two conditions, as follows: A. The following uses shall be prohibited: 1) Amusement game centers, recreation centers or similar uses; 2) The use of outdoor speakers and public announcement systems of any kind; B. The following design controls shall apply to these properties: 1) All outdoor lighting must be strictly shielded to prevent lighting from encroaching on adjoining residential property; 2) All new development and site improvements shall comply with the 1 -182 Corridor Design Standards as identified in P.M.C. 25.58 as existing and hereafter amended; Applicant wishes to locate a donation -based thrift shop on the property. On the 20th of February 1990 the City Council passed ordinance 2768 prohibiting secondhand dealers from operating in the C -1 (Retail Business) zone, as well as restricting placement of these and similar uses in the C -3 (General Business District) and I -1 (Light Industrial) zones to no less than 1,000 feet from each other. The reasoning cited in the ordinance is as follows: 1) The concentration of secondhand stores along with the manner in which they are maintained contributes to visual blight, physical decay, declining property values and perpetuates a negative public image for the community in general; 2) The external effects of physical decay and blight make the Central Business District and certain portions of Lewis Street less desirable for business investment: 3) Secondhand dealers, specifically pawnshops, require considerable regulation to protect the community and public interest by preventing said establishments from becoming facilities for the concealment of crime and outlets for stolen goods: 2 4) The enforcement of municipal codes relative to the operation of secondhand dealers is time consuming, burdensome, and costly to the community; Near the end of 2011 Goodwill Industries began negotiations for the property at 712 North 20th Avenue, with the intent of locating a secondhand collections center at the site. After being informed that the site was not zoned appropriately for the requested use the City began the process of exploring the possibility of amending the municipal code to accommodate secondhand uses in C -1 Zones. On August 6, 2012 the City Council approved a Code Amendment allowing donation -based thrift shops to operate in C -1 Zones with a Special Permit. Since that time Goodwill Industries refocused their attention to the current property located in the Riverview Plaza at 3921 W Court Street, which at the time was zoned CR (Regional Commercial). The current application rides on the back of a rezone application changing the zoning of the property from CR to C- 1. In the Code Amendment secondhand uses were conceptually separated and defined to include three specific categories, as follows: 1) Pawnshops; 2) Consignment stores; and 3) Thrift Shop (Donation- based). It was noted that donation- dependent thrift shops such as Goodwill Industries differ substantially from pawnshops and consignment -type secondhand stores in that there is no built -in incentive for patrons "fencing" stolen goods for cash, and thereby contributing to overall criminal activity in the community. As such, criminal -based policing would not likely be an issue, so much as nuisance -based code enforcement. However, people drop items off at donation - dependent operations as a matter of course; these items ranging in value from "slightly used" to "junk." While secondhand stores often strive to control the flow of castoffs, "midnight drop - offs" are virtually inevitable, and result in visual blight. Thus, visual blight, declining property values and probable increased costs for code enforcement are issues for consideration. In response to some of these concerns the applicant has submitted photos which they indicate "detail the quality of the store we will create at the Riverview Shopping Center" and "an example of a donation drive -thru that will be similar to what will be built in Pasco." The photos submitted include the following design elements: 1) Atrium roof K 2) Bump -out awnings/ overhangs 3) Fenestration (windows) 4) Multiple facades /reliefs 5) Custom window treatments 6) Custom decorative flagpole element 7) Up- lighting 8) Arch 9) Cornices 10) Sloped roof 11) Covered Patio Area 12) 2 -tone belt courses 13) Slate tile facing on columns, coins 14) Columns with capitals, cornices. Staff believes retrofitting these elements to the current building would enhance the aesthetic appeal of the structure. Improving the exterior appearance of the building may aid in addressing some of the negative perceptions associated with thrift stores but exterior building treatments do not adequately address the concern about the accumulation of used goods as a result of "midnight drop- offs ". This activity can be mitigated only through site management (signage, store policies, cameras) and site design (additional landscaping, walls, fencing and drop -off facilities). The proposed donation (drop -off) area of the store is located on the west side of the building facing Road 36. The properties on the west side of Road 36 are zoned residentially (R -S -12 and developed with single family homes). To afford these homes protection from the outdoor activity that will occur around the donation area additional screening to include a short screening wall between the two columns of the donation canopy will be needed along with the extension of the landscaping buffer along Road 36 and the inclusion of a raised landscaped island in front of and around either end of the donation. Signage warning against after hour deposits posted on the main building and in the donation area along with a warning sign indicating the donation area is monitored by surveillance cameras will provide additional assurances the donation area will not become an unsightly dumping ground after hours. The old Kmart building and parking lot was development in 1980 prior to the initial landscaping standards that appeared in the zoning regulations in 1982. The parking lot does contain some perimeter landscaping but lacks any interior landscaping, particularly landscaping islands at the end of each row of parking. The current owner of the property signed a development agreement that provided a timeline for upgrading the parking lot landscaping. However through the Special Permit process the Planning Commission has the latitude of conditioning the approval of the special permit to include parking lot M landscaping as part of the site improvements needed before the building can be occupied. The building on the site has been vacant or underutilized for about 12 years and has generally been neglected with respect to exterior maintenance. Any improvements needed on the building are to comply with the design standards contained in PMC 25.58. These standards were included as a condition when the property was rezoned from C -1 to CR in 2003. 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 site was annexed by the City of Pasco in 1979 (Ordinance #2066). 2. The site was rezoned from C -1 to CR in 2003 (Ordinance #3620) and has been zoned CR for approximately 9 years. 3. The CR rezone included a condition that all new development and site improvements shall comply with the 1 -182 Corridor Design Standards as identified in P.M.C. 25.58 as existing and hereafter amended. 4. The site is currently in the process of being rezoned from CR (Regional Commercial) to C -1 (Retail Business) Properties to the east are also zoned CR and are developed with retail buildings. 5. The site borders R -1 and RS -12 Zones to the west and north, respectively, which are developed with single - family homes. 6. The Comprehensive Plan designates the site for commercial uses. 7. The site is developed with a 76,000 square -foot retail building. 8. This building has been vacant or underutilized for approximately 12 years. 9. Applicant is requesting a Special Permit for the location of a donation - based thrift shop in conjunction with a change of zoning from CR to C -1. 10. Applicant has indicated that "the quality of the store we will create at the Riverview Shopping Center" correspond to photos found in attached photos "Example E" & "Example F." 11. Applicant has indicated that the "donation drive -thru (depicted in Photo "Example G ") ... will be similar to what will be built in Pasco." 12. People drop items off at donation - dependent operations as a matter of course. While secondhand stores often strive to control the flow of castoffs, "midnight drop - offs" are inevitable, and result in visual blight. 13. The parking lot lacks landscaping islands and does not conform to current standards. 14. The property is partially landscaped along the border with Road 36. G 15. Drop -off trailers often cannot contain all the donated items and as a result donated items spill out into the parking lot around the trailers creating an unsightly unkempt appearance. CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT The Planning Commission must make Findings of Fact based upon the criteria listed in P.M.C. 25.86.060. The criteria and staff listed findings are as follows: (1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The site is identified in the Comprehensive Plan for Commercial use. The Commercial Land Use designation includes all commercial uses listed in the C -1 zones. Donation -based thrift stores are specifically mentioned in the Pasco Municipal Code as being allowed by Special Permit. Policy LU -1- B encourages enhancement of the physical appearance of development within the City. The applicant has provided a rough elevation drawing with the application and has provided correspondence that included pictures of other Goodwill Stores in Oregon and Arizona depicting general redevelopment concepts for the property. These illustrations indicate enhancements will be made to the building supporting policies of the Plan. Landscaping improvements would be required as part of the redevelopment permitting process. (2) Will the proposed use adversely affect public infrastructure? The public infrastructure surrounding this property was installed to support the original retail nature of the property. The proposed redevelopment of the site for a thrift store will not have any adverse effect on public infrastructure. (3) Will the proposed use be constructed, maintained and operated to be in harmony uvith the existing or intended character of the general vicinity? Re- occupying the building and putting it to some beneficially use will assist in arresting the declining appearance of the property; however the proposed use could bring a new set of challenges that would disrupt the harmony and character of the general vicinity. Conditions will be needed to ensure the proposed thrift store is operated and maintained to be in harmony with the neighborhood. The applicant has submitted concept photos detailing at 51 least 14 design elements which would enhance the architectural appearance of the structure. (4) Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? Surrounding properties are fully developed. As well, no new structures are proposed. Applicant is proposing a remodel which would enhance the appearance of an old deteriorating structure to improve the value of the existing neighborhood. (5) Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? This use will not generate any noise, fumes, vibrations, dust, traffic, or flashing lights above and beyond permitted uses for the zone. (6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in any way will become a nuisance to uses permitted in the district? Items are dropped off at donation- dependent operations as a matter of course. Without proper management and control of the site, conditions will quickly occur that may create health and safety hazards due to accumulations of donated items. Special Permit conditions will be needed to specifically address the management of drop -off boxes, management of the donation drop -off area and general screening of the property. TENTATIVE APPROVAL CONDITIONS 1. The special permit shall apply to Parcel No. 119272172. 2. Signs shall be posted on all sides of the building indicating drop -offs and donations are not accepted after hours. 3. No donation collection areas are permitted on the property except in the donation canopy area. No donation boxes, trailers, containers or similar items for the collection of donations shall be permitted outside the building. 7 4. No food commodities or other materials shall be stored outside of the building. 5. A raised landscaped island shall be installed immediately to the west of the donation canopy. Said landscaped island shall be at least 8 feet wide at the widest point and shall extend north and south of the donation canopy at least 10 feet. The landscaped island shall contain a mixture of complementary shrubs that will form a visual barrier between the donation center and the sidewalk along Road 36. 6. A four foot decorative fence complementing the design and color of the building and canopy shall be installed between the westerly support columns of the donation canopy. Said fence shall be raised six inches off the ground. 7. The landscaping buffer along Road 36 shall be extended the full length of the property excluding driveways. The additional landscaped buffer shall extend 8 feet easterly of the Road 36 sidewalk. 8. Landscaped islands shall be installed at the ends of each row of parking stalls and in the interior of rows to ensure no parking stall is more than 75 feet from a landscape element. 9. All landscape islands, beds and buffers must contain automated irrigation systems. 10. A landscape plan must be submitted and approved by the Community and Economic Development Director. 11. The driveway entrances shall be reconstructed to meet current ADA requirements. 12. The rehabilitation of the exterior elevations shall be required and said rehabilitation shall incorporate at least three design elements per elevation as identified in PMC 25.58. 13. The special permit shall be null and void if a building permit has not been obtained by January 1, 2015. 14. Building and parking lot lighting shall be shielded to prevent light spillage into adjacent properties. r RECOMMENDATION MOTION: I move to adopt findings of fact and conclusions therefrom as contained in the September 20, 2012 staff report. MOTION: I move based on the findings of fact and conclusions therefrom the Planning Commission recommend the City Council grant a special permit to Goodwill Industries of the Columbia Basin for location of donation -based thrift shop on lot 1 of Binding Site Plan 2011 -05, located at 3521 W Court Street, with conditions as listed in the September 20, 2012 staff report. 9 �x. ii fl" rr I t Mollk Ow {t: 1 ' y AIA � � n • • � I �" �� /�; , fir. ,_. • #:. kk - M f F ` s lij ZA 1 10% l... ' • �LSr1 Ui' lht�� '� 1'f i �.a ?y �r..�E$_. �y • :f�'�� MO 6� ! I �w 1y z 401hvo oin - x Q 0 � O � _ - OC y J WnH rb Cl) 10 PC • 9E avow w OW � _ —� a � V ..� o � 3 � Id H1LE O w L BE avo Q I _ O _ cU rLL c� O v • cn 0 O y y ! 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In H Z w V J 4 J I�- w c m I R' F 0 J J J_ c L11 Z O r= z 0 k Ll W N F- O V J J 33 0 0 0 W w w z�j 0 r 10 WU w� fE? no OQ N m W T.0 yo w� y >J4 T4 '1.x 'bs 000'(.^ „_1h7D 1 Oft W 2 d *m 000,91- 1NVJVA KZX �o so W�j LL P JW �tX WFI� WO I (Y 17m Ol o O+ U� �O Oa Z �a y N W p � �Qo pfd LLa, SdIXKJ }V] 39bL 9NU51 %3 0 zz 8� L(t- r SJ Z w 3 Itl J m K H L- K O ter- 9s avlz T Planning Commission Minutes 8/22/2012 F. Special Permit Goodwill in a C -1 (Retail Business) District (Goodwill Industries) (MF# SP2012 -0191 Chairman Cruz read the master file number and asked for comments from staff Rick White, Community & Economic Development Director, explained this special permit application and that it is contingent on a rezone application approval. The applicant is applying for a special permit to operate a donation -based thrift store if the rezone application passes changing the zoning from CR (Regional Commercial) to C -1. The Staff report also noted a number of concerns with donation -based thrift stores however those concerns were mostly developed through the observation of site management and design issues related to existing thrift stores. Staff believes the conditions contained in the staff report adequately address those site management and design issues. A possible additional condition that may be considered by the Planning Commission is shielding the lighting so that spillage does not occur on adjacent properties. Gordon Comfort, 5990 Thynewood Loop, West Richland, WA spoke on behalf of this application. He concurred with the staff report and did not have issues with any of the conditions. Todd Lawson, 22 John Street, Seattle, WA clarified that the address is 3521 W. Court Street instead of 3921 W. Court Street. Mr. White stated for the record that the Planning Commissioners were given pictorials provided by the applicant for review. Commissioner Anderson moved, seconded by Commissioner Kempf, to close the public hearing and schedule deliberations, the adoption of findings of fact, and development of a recommendation for City Council for the September 20, 2012 Planning Commission meeting. The motion passed unanimously. Planning Commission Minutes 9/20/2012 E. Special Permit Goodwill in a C -1 (Retail Business) District (Goodwill Industries) (MF# SP2012 -0191 Chairwoman Kempf read the master file number and asked for comments from staff Rick White, Community & Economic Development Director, discussed the special permit application for the location of a donation -based thrift shop in a C -1 (Retail Business) Zone. Mr. White explained that the only item staff had added since the previous staff report was a standard condition restricting light spillage to adjacent properties. Commissioner Anderson moved, seconded by Commissioner Levin, to adopt findings of fact and conclusions therefrom as contained in the September 20, 2012 staff report. The motion passed unanimously. Commissioner Anderson moved, seconded by Commissioner Greenaway, based on the findings of fact and conclusions therefrom the Planning Commission recommend the City Council grant a special permit to Goodwill Industries of the Columbia Basin for location of a donation -based thrift shop on lot 1 of Binding Site Plan 2011 -05, located at 3521 W. Court Street, with conditions as listed in the September 20, 2012 staff report. The motion passed unanimously. AGENDA REPORT FOR: City Council September 26, 2012 TO: Gary Crutchfiel I anager Regular Mtg.: 10/1/12 Rick White, Community & cono ' Development Director �r FROM: Shane O'Neill, Planner I � SUBJECT: SPECIAL PERMIT: Location of a cellular antenna tower (Verizon Wireless) in a C -1 (Retail Business) Zone (MF# SP2012 -018) 1. REFERENCE(S): 1. Vicinity Map 2. Proposed Resolution 3. Report to Planning Commission 4. Planning Commission Minutes: Dated 8/22/12 and 9/20/12 2. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 10 /1: MOTION: I move to approve Resolution No. approving a special permit for the location of a cellular antenna tower at 9335 Sandifur Parkway as recommended by the Planning Commission. 3. FISCAL IMPACT: NONE 4. HISTORY AND FACTS BRIEF: A. On August 22, 2012, the Planning Commission conducted a public hearing to determine whether or not to recommend a special permit be granted for the location of a cellular antenna tower at 9335 Sandifur Parkway. B. Following conduct of the public hearing, the Planning Commission reasoned that with conditions, it would be appropriate to recommend approval of a special permit for the location of a cellular antenna tower at 9335 Sandifur Parkway. C. The recommended conditions are contained in the attached resolution. D. No written appeal of the Planning Commission's recommendation has been received. 8(d) RESOLUTION NO. A RESOLUTION ACCEPTING THE PLANNING COMMISSION'S RECOMMENDATION AND APPROVING A SPECIAL PERMIT FOR THE LOCATION OF A CELLULAR ANTENNA TOWER 9335 SANDIFUR PARKWAY WHEREAS, Verizon Wireless submitted an application for the location of a cellular antenna tower in a C -1 (Retail Business) Zone (Tax Parcel 115- 442 -012); and, WHEREAS, the Planning Commission held a public hearing on August 22 16, 2012 to review the proposed cellular antenna tower; and, WHEREAS, following deliberations on September 20, 2012 the Planning Commission recommended approval of a Special Permit for the cellular antenna tower with certain conditions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: 1. That a Special Permit is hereby granted to Verizon Wireless for the location of a cellular antenna tower in a C -1 Zone under Master File # SP2012 -018 with the following conditions: a) The special permit shall apply to Parcel # 115- 442 -012: Lot 3, Binding Site Plan 2005 -08; b) The cellular tower shall not exceed 100 feet in overall height; c) The cellular tower shall be painted a neutral color which blends well with the landscape such as grey, beige, sand, taupe or light brown. d) The special permit shall be null and void if the applicant has not obtained a City of Pasco building permit by October 31, 2013. Passed by the City Council of the City of Pasco this I" day of October, 2012. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney 1 REPORT TO PLANNING COMMISSION MASTER FILE NO: SP2012 -018 APPLICANT: Verizon Wireless c/o Julie Cope HEARING DATE: 8 -22 -2012 P.O. Box 8436 ACTION DATE: 9 -20 -2012 Spokane, WA 99203 BACKGROUND REQUEST: SPECIAL PERMIT: Location of a Cellular Antenna Tower in a C -1 (Retail Business) Zone 1. PROPERTY DESCRIPTION: Leeal: Parcel #115-442-012: Lot 3, Binding Site Plan 2005 -08 General Location: 9335 Sandifur Parkway Property Size: The parcel is approximately 4.4 acres 2. ACCESS: The site is accessed from Sandifur Parkway. 3. UTILITIES: All municipal utilities currently serve the site. 4. LAND USE AND ZONING: The site is currently zoned C -1 (Retail Business) and contains a mini - storage facility. Surrounding properties are zoned and developed as follows: NORTH: C-1- Vacant SOUTH: C -1 - Office 8s Vacant EAST: C -1 -Vacant WEST: C -1 -Vacant 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Commercial uses. Goal OF -2 suggests the City ought to maintain land use flexibility in regard to placement of infrastructure for public and private utilities. Policy OF -2 -A encourages the sound management of all energy and communication utilities through coordination and cooperation dealing with construction of such facilities. Policy OF -2 -B encourages the placement of utility substations which are necessary for the surrounding neighborhood. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Determination of Non - Significance (DNS) has been issued for this project under WAC 197- 11 -158. 1 ANALYSIS Verizon Wireless is requesting special permit approval to locate a cellular antenna tower in the northwest corner of the Broadmoor Storage site on Sandifur Parkway. The requested tower is proposed to be 100' in height. Height is the primary factor necessitating special permit review. The C -1 zone permits structures to reach a maximum height of thirty five (35) feet; the proposed cell tower exceeds that limit by sixty five (65) feet. The C -1 zone also contains a provision allowing commercial buildings to exceed the 35 foot height limitation by special permit approval. Verizon intends to lease the northwest corner of the main Broadmoor Storage building and a small portion of land outside of the building immediately adjacent to the building (see attached site plan, pages A -1, A -1 & A -2 of the attached plans). Commonly, cellular providers locate the equipment cabinets within a fenced area surrounding the base of a pole; in this case the interior equipment room in the mini - storage facility will be used to house the ground - level equipment. Locating equipment cabinets within a building may reduce/ eliminate any potential noise impacts generated by the equipment and eliminate visual impacts of the equipment to nearby properties. Land to the north, east and west of Broadmoor Storage is zoned C -1 (Retail Business) and is currently vacant. Residences nearest the proposed cell site are within Mediterranean Villas on Majestia Lane located 470 feet to the north. The homes are attached single - family homes. The physical separation between the homes and the tower should help mitigate visual impacts of the tower on residents of nearby existing and future homes. Franklin PUD power lines transect the site in a north -south orientation. The poles supporting the transmission lines are approximately 55 feet tall; located at 250 foot intervals. The site currently contains two poles. The proposed cell tower would be 45 feet taller than the existing power poles. The power line with 55 foot tall power poles also extends north /south through Mediterranean Villas and Broadmoor Estates. The elevation of the site is approximately 480 feet above sea - level. For reference, the Road 68 area is at 520' while the Columbia River is at 340'. The water tanks on Sandifur are 158 feet tall and at 520' elevation. The top of the tanks are at roughly 678' in elevation. The top of the proposed tower will be at 580' above sea - level. In other words, the top of the proposed tower will be 98 feet lower in elevation than the top of the water tanks on Sandifur Parkway which can be seen from many vistas throughout the Tri- Cities. Painting the proposed cell tower /monopole to blend into the sky and existing building may help disrupt the visual impacts on properties in the vicinity by 2 blending it into the surrounding features. If constructed, it is not likely that the proposal will negatively affect any permitted uses in the vicinity. STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The site is zoned C -1 (Retail Business). 2. The Comprehensive Plan identifies the site for Commercial uses. 3. The site contains a mini - storage facility. 4. The site is 4.4 acres in area. S. The proposed tower location is 460 feet away from the nearest residence. 6. All municipal utilities currently serve the site. 7. Properties surrounding the proposed cellular site are all zoned C -1 (Retail Business). 8. There are two PUD power poles running north /south down the center of the site. 9. Cellular towers may be located in the C -1 district by special permit. 10. Wireless communication facilities require special permit approval prior to location in the C -1 (Retail Business) zone [PMC 25.70.070(2)]. 11. The Comprehensive Plan suggests the City ought to maintain land use flexibility with regard to placement of infrastructure for public and private utilities. 12. The Comprehensive Plan does not specifically address cellular equipment. 13. Cellular equipment creates minimal demands on City infrastructure. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusions based upon the criteria listed in P.M.C. 25.86.060. The criteria are as follows: 3 (1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The Comprehensive Plan does not specifically address cellular equipment. The Comprehensive Plan goal OF -2 and policy OF -2 -A discuss the need for sound management and coordination in the location of utilities and community facilities. (2) Will the proposed use adversely affect public infrastructure? The proposed use is a part of the communication network utilized by the general public. The proposed equipment will be located in such a manner so as not to impact other public utilities or services. The proposed use does not require water and sewer. (3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The proposed 8.5 -foot tall cellular equipment cabinet, containing all of the associated equipment, will be located near the base of the tower within an existing building. The height of the equipment cabinet is significantly lower in height than regularly permitted structures in the R -1 zone. Painting the pole to blend in with the building and sky will also help achieve a degree of harmony with the general vicinity. (4) Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereoj7 The proposed 100 -foot tall monopole is not likely to discourage development in the vicinity. Perhaps the inverse is a more likely result. The added 4G service and increased signal strength may be an attractant to potential commercial developers in an area of town developing at a slower pace than Road 68. (5) Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? The proposed cell tower will create no fumes, dust or noise. All ground - level equipment will be completely enclosed within the Broadmoor Storage equipment room. Cell towers facilities have been located El throughout the community in residential, commercial and industrial zones without generating any complaints received by the City. (6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in any way become a nuisance to uses permitted in the district? Cell tower radio waves have not been proven to be harmful to human health. Regardless, radio waves are focused on the antennas which are elevated 100 feet above grade; away from human activity. The most noticeable impact will be visual. Though potentially displeasing to the eye, the tower poses no true threat to public health and safety. APPROVAL CONDITIONS 1) The special permit shall apply to Parcel # 115 - 442 -012: Lot 3, Binding Site Plan 2005 -08; 2) The cellular tower shall not exceed 100 feet in overall height; 3) The cellular tower shall be painted a neutral color which blends well with the landscape such as grey, beige, sand, taupe or light brown. 4) The special permit shall be null and void if the applicant has not obtained a City of Pasco building permit by October 31, 2013. RECOMMENDATION MOTION for Findings of Fact: I move to adopt findings of fact and conclusions as contained in the September 20, 2012 staff report. MOTION for Recommendation: I move based on the findings of fact and conclusions that the Planning Commission recommend the City Council grant a special permit to Verizon Wireless for the location of a cellular antenna tower at 9335 Sandifur Parkway with the conditions as contained in the September 20, 2012 staff report. 5 4--"Wl u 0 PEA ci .e 17" rare N iot v4 u c� a� e 5` il�rl if 1J V V O Ct T i R .^ 4 Y A r t PM 0 PEA ci .e 17" rare i R .^ 4 Y A r t PM .e 17" rare iot v4 Y e 5` il�rl if i R .^ 4 Y A r t PM ■iii �� 1 • �I1� \•L1 ?: • // X11111 ��� _ • ya �! 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Special Permit Location of a cell phone tower IVerizon Wirelessl IMF# SP2012 -0181 Chairman Cruz read the master file number and asked for comments from staff. Shane O'Neill, Planner I, explained the proposed cell phone tower would be located at the northwest corner of Broadmoor Storage. Pasco Municipal Code requires special permit review for all cellular towers in the C -1 Zone as well as other zones if they are within 500 feet of residential zones. The proposed cell phone tower would be 460 feet from the nearest homes directly to the north. All of the cellular equipment is proposed to be located in an equipment room in the existing building so there would be no visual impact from an equipment cabinet. Commissioner Hilliard asked if they could make the antennae taller years from now without coming back to the Planning Commission for a permit. Mr. O'Neill answered that a special permit would be required if they proposed to increase the height of the tower beyond 100 feet. The current special permit application would allow up to 100 feet for maximum height. Julie Cope, 4111 South Napa Street, Spokane, WA spoke on behalf of Verizon Wireless. She explained the background on the choice of the location for the proposed site. They purposely chose to locate it where it would be least visually impacted. Their report requests 80 feet in height, however they might use the 90 -100 foot spots. It may limit co- location of possibly one other carrier if the tower was lower. They would prefer to paint it tan to blend in with the surrounding environment. Commissioner Levin asked what options they have in terms of appearance of the tower. Ms. Cope answered that they can make it look like a flag pole, however that would be a really large flag and they would lose capacity. Dave McDonald, City Planner, asked the Planning Commission for comment about the proposed design of the cell phone tower. He also asked Ms. Cope if there would be a red light at the top of the tower for the FAA. Ms. Cope answered that they did a preliminary report with Towair and that report did not require a red light at the top. She stated that she will provide staff with a copy of that report. Mr. McDonald stated that to proceed to the permit stage there will need to be a copy of that in order to get the building permit. Chairman Cruz asked the applicant if she had any problems or concerns with the tentative approval conditions in the staff report. Ms. Cope answered that she had none. Mr. McDonald asked if the Planning Commission would like to modify the approval conditions to require the antennae to be enclosed rather than out in the open. Ms. Cope clarified that they just make one larger pole to go around the antennae, not separate casings. Commissioner Hilliard asked what the dimensions will be at the base. Ms. Cope answered that the cellular towers are typically 5 feet at the base. With an interior mount the tower would be 3 -3 1/2 feet at the top. Chairman Cruz stated that the proposed cellular tower is at least 25% smaller than larger cellular towers. Commissioner Hilliard stated that with that size he didn't see an issue with what has been already proposed. Mr. McDonald responded that it was something staff thought should be looked into. The cellular tower by the TRAC is clean and the antennas are inside the tower. Chairman Cruz stated that he did not have a problem with the proposed design due to its small size. He would like to see the applicant move forward with the process. Commissioner Kempf commented that as a resident herself who would drive past this tower daily, she does not have any problems with the way it is proposed. Commissioner Hilliard moved, seconded by Commissioner Kempf, to close the hearing on the proposed cellular tower and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the September 20, 2012 meeting. The motion passed unanimously. Planning Commission Minutes 9/20/2012 C. Special Permit Location of a cell phone tower (Verizon Wireless) (MF# SP2012 -0181 Chairwoman Kempf read the master file number and asked for comments from staff Shane O Neill, Planner I, discussed the application for a special permit for the location of a cell phone tower in a C -1 Zone. Mr. O'Neill explained that there were no changes since the previous Planning Commission Meeting. Commissioner Hilliard moved, seconded by Commissioner Khan, to adopt findings of fact and conclusions as contained in the September 20, 2012 staff report. The motion passed unanimously. Commissioner Hilliard moved, seconded by Commissioner Anderson, based on the findings of fact and conclusions that the Planning Commission recommend the City Council grant a special permit to Verizon Wireless for the location of a cellular antenna tower at 9335 Sandifer Parkway with the conditions as contained in the September 20, 2012 staff report. The motion passed unanimously. AGENDA REPORT FOR: City Council September 26, 2012 TO: Gary Crutchfiel ager Regular Mtg.: 10/1/12 Rick White, Community & E tnomDevelopment Direct Vq FROM: Shane O'Neill, Planner I SUBJECT: SPECIAL PERMIT — Location of a Church (Iglesia Lirio de los Valles) in a R -1 (Low - Density Residential) Zone (MF# SP 2012 -015) L REFERENCE(S): 1. Vicinity Map 2. Proposed Resolution 3. Report to Planning Commission 4. Planning Commission Minutes: Dated 8/22/12 and 9/20/12 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 10/1: MOTION: I move to approve Resolution No. , approving a Special Permit for the location of a church at 605 North 5`h Avenue as recommended by the Planning Commission III. FISCAL IMPACT: U163`41 IV. HISTORY AND FACTS BRIEF: A. On August 22, 2012 the Planning Commission held a public hearing to determine whether or not to recommend approval of a Special Permit to allow the location of a church at 605 North 5 t Avenue. B. Following conduct of the public hearing, the Planning Commission recommended the church in question be granted a Special Permit with a number of conditions. C. The recommended conditions are contained in the attached Resolution. D. No written appeal of the Planning Commission's recommendation has been received. i • _ i ct t 4 X < ct 5� 4� ct Ir OL ,� p ® � RESOLUTION NO. A RESOLUTION ACCEPTING THE PLANNING COMMISSION'S RECOMMENDATION AND APPROVING A SPECIAL PERMIT FOR A CHURCH AT 605 NORTH 5TH AVENUE WHEREAS, Emanuel Estrada submitted an application for the location of a church at 605 North 5`h Avenue (Tax Parcel 112- 054 -107); and, WHEREAS, the Planning Commission held a public hearing on August 22, 2012 to review the proposed church; and, WHEREAS, following deliberations on September 20, 2012 the Planning Commission recommended approval of a Special Permit for the church with certain conditions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: 1. That a Special Permit is hereby granted to Iglesia Lirio de los Valles for the location of a church in a R -1 (Low- Density Residential) District under Master File # SP2012 -015 with the following conditions: a) The special permit shall apply to parcel 112 - 054 -107; b) The church must comply with all requirements of the International Building Code for an "A" occupancy prior to occupancy by the church; c) The church building, including entrances and restrooms, must be ADA/handicap- compliant prior to occupancy by the church; d) The parking area abutting the alley must be hard surfaced, striped and contain stormwater drainage on site; e) The first ten (10) feet adjacent to the church building and abutting the parking lot shall be landscaped to City standards; f) The strip of bare soil between the building and the sidewalk along 5th Avenue must be landscaped to meet City standards per Community & Economic Development Department approval; g) The parking and landscaping improvements listed above shall be completed by October 31, 2014; h) The church shall not object to the transfer, renewal or issuance of a liquor license for an existing or new establishment within 1,000 feet of the property; i) This special permit shall be null and void if a City of Pasco Occupancy Registration is not obtained by January 1, 2013. Passed by the City Council of the City of Pasco this ls` day of October, 2012. Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney REPORT TO PLANNING MASTER FILE NO: SP2012 -015 HEARING DATE: 8 -22 -12 ACTION DATE: 9 -20 -12 BACKGROUND REQUEST FOR SPECIAL PERMIT: 1. PROPERTY DESCRIPTION: APPLICANT: Manuel Estrada 605 N 51h Ave Pasco, WA 99301 Location of a Church in an R -1 District Legal: Parcel # 112- 054 -107: Block 9, Lots 1 & 2, Gerry's Addition; General Location: 605 N 5u Ave. Property Size: Approximately 0. 16 acres 2. ACCESS: The site has access from an alley connecting with 5th Avenue 3. UTILITIES: The site is served by municipal water and sewer. 4. LAND USE AND ZONING: The property is currently zoned R -1 (Low Density Residential). NORTH: R -3 - Single Family Residences SOUTH: R -1 - Apartments and Single Family Residences EAST: R -3 - Single Family Residences WEST: R -1 - Single Family Residences 5. COMPREHENSIVE PLAN: The site is designated in the Plan for future residential uses. The Plan does not specifically address churches, but elements of the Plan encourage the promotion of orderly development including the development of zoning standards for off - street parking and other development standards. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Determination of Non - Significance (DNS) has been issued for this project under WAC 197- 11 -158. ANALYSIS The application involves the use of an existing church for church activities. The structure in question was built in 1920 and has been used for church activities for the past 92 years. Past practices typically linked special permit approvals to the applicant and not the land or specific parcel(s) involved. In this case Manuel Estrada has recently purchased 605 N. 5f Avenue with the intent of operating a church. The church in question has been part of the neighborhood's character for nearly 100 years. The surrounding residential and commercial development has occurred with the church present. The neighborhood is now fully developed with homes and commercial businesses. The site contains an attached residence which has historically been used as living quarters for the church pastor. On site living quarters is a component common to churches. The rear portion of the site, abutting the alley, contains an unimproved gravel parking area. This 40'x 50' area provides the only off - street parking available to the church; the area has the potential to provide up to five (5) parking stalls. Permit approval is conditioned on hard - surfacing and striping the parking area. FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. Churches are unclassified uses requiring review through the special permit process prior to locating or expanding in any zoning district. 2. The proposed church site is zoned R -1. 3. The proposed site is located at 605 North 511, Avenue. 4. The site contains two attached structures. 5. The site was originally developed as a church. 6. The church was constructed in the year 1920. 7. The church has existed on the site for 92 years. 8. The church is 3,871 square feet in area. 6 9. Churches are classified as an "A" occupancy under the International Building Code. 10. A gravel parking area is located on the south side of the site, adjacent to the alley and contains space for approximately 5 parked vehicles. Access to the parking is from an existing public alley. CONCLUSIONS BASED ON THE FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusion based upon the criteria listed in P.M.C. 25.86.060 and determine whether or not the proposal: (1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The Plan does not specifically address churches, but elements of the Plan encourage the promotion of orderly development including the development of zoning standards for off - street parking and other development standards. (2) Will the proposed use adversely affect public infrastructure? The church is unlikely to place additional demands on public infrastructure beyond increased passenger vehicle traffic. Church activities place a negligible demand on city sewer and water facilities. Churches are generally used for a few hours on Sundays and during the evening in on week days. (3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The proposed church has been one of the features of the general vicinity for 92 years. Residents and occupants of the surrounding homes and businesses are accustomed to the church activities. Continuation of the church use is unlikely to affect the character of the neighborhood in a negative way. The church has coexisted in harmony with the neighborhood for many years. Churches are typically located in or near residential areas and often add to the character of the general vicinity in which they are located. (4) Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof 3 The location and height of the existing church has not discouraged the development of permitted uses on surrounding properties. The presence of churches in residential neighborhoods in other parts of the community has not discouraged potential residential development or impaired the value of residential properties. In addition, the surrounding neighborhood can be considered "fully developed ". (5) Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? The church will generate no more dust, vibrations, flashing lights or fumes than would be expected by permitted residential uses of the zoning district. Traffic generated by the church will occur mostly on Sunday mornings when neighborhood traffic is minimal. Churches are generally used infrequently, two or three days a week, and generate traffic during off peak times such as on Sunday mornings and in evenings during the week. The current unimproved parking lot could be a source of a slight amount of dust in the neighborhood. Unimproved parking lots also add to the collection of rocks and dirt in city streets which ends up in street drainage systems. This objectionable condition can be remedied by causing the parking lot to be paved. (6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in anyway will become a nuisance to uses permitted in the district? Past history of church operations within the City has shown they do not endanger public health or safety and are generally not nuisance generators. Churches are generally accepted uses in or near residential neighborhoods. APPROVAL CONDITIONS 1) The special permit shall apply to parcel 112 - 054 -107; 2) The church must comply with all requirements of the International Building Code for an "A" occupancy prior to occupancy by the church; 3) The church building, including entrances and restrooms, must be ADA /handicap - compliant prior to occupancy by the church; 4) The parking area abutting the alley must be hard surfaced, striped and contain stormwater drainage on site; 4 5) The first ten (10) feet adjacent to the church building and abutting the parking lot shall be landscaped to City standards; 6) The strip of bare soil between the building and the sidewalk along 5th Avenue must be landscaped to meet City standards per Department approval; 7) The parking and landscaping improvements listed above shall be completed by October 31, 2014; 8) The church shall not object to the transfer, renewal or issuance of a liquor license for an existing or new establishment within 1,000 feet of the property; 9) This special permit shall be null and void if a City of Pasco Occupancy Registration is not obtained by January 1, 2013. MOTION for Findings of Fact: I move to adopt findings of fact and conclusions as contained in the September 20, 2012 staff report. MOTION for Recommendation: I move based on the findings of fact and conclusions that the Planning Commission recommend the City Council grant a special permit to Manuel Estrada for the location of a church and parsonage at 605 North 5t' Avenue with the conditions as contained in the September 20, 2012 staff report. 5 •a ry r" �ct ctw ct 1 'z� • ' r w J 4 i - yf r O � V CE C C cd w � o''N a .. ;� w w U 4� � w C� U bA O O ° °N ct bA 11 v Pit •rl P4 t 4; 1. •� A j xo� ql-- I . 0 Planning Commission Minutes 8/22/2012 A. Special Permit Location of a church in an R -1 District (Manuel Estrada) IMF# SP2012 -0151 Chairman Cruz read the master file number and asked for comments from staff. Shane O Neill, Planner I, discussed the special permit application for the church, Lirio De Los Valles, to locate in an R -1 District. The site is zoned R -1, surrounded completely by residential uses. The church has been on site for approximately 92 years, built in 1920. The site contains two attached structures; the primary is the church and to the south is a vacant home. It is the applicant's request to occupy that home. Mr. O'Neill explained approval conditions in the staff report including; paving a gravel area for parking, landscaping and keeping a strip of dirt behind the building dust free. Since this church has been at this location for so long and in operation, it is a safe assumption to say it operates in harmony with the surrounding community. Limited parking is one concern. A certain amount of parking is available on the street. Chairman Cruz asked roughly how many people attend the church. Dave McDonald, City Planner, answered that they could have roughly 90 people in the sanctuary. This church was built at a time when people walked to church so it was built without parking. Chairman Cruz asked if there was on- street parking on both sides of the street. Mr. McDonald answered that there was parking on both sides of the street. Commissioner Hilliard asked if there were any concerns about storm water since it was mentioned in the staff report. Mr. O'Neill answered that there were no real concerns over the storm water. All storm water needs to be contained onsite. Manual Estrada, 604 W. Shoshone Street, spoke on behalf of his special permit application with the assistance of a translator from the audience. Gordon Comfort, 5990 Thynewood Loop, West Richland, WA translated for Mr. Estrada. Mr. Estrada stated that there will not be many people at the church. He is hoping that in order to get the permit he would not be required to do the parking immediately. Chairman Cruz answered that parking and landscaping improvement will need to be completed by October 31, 2014. Mr. Estrada asked in order to do that work, does he have to come back to the Planning Commission to get permission. He would like to take off part of the yard in the two years. Rick White, Community & Economic Development Director, for the yard, that would be returned to the Planning Commission. Mr. Estrada asked without the parking lot, would he be able to use the church and the house the way the parking currently is for up to two years. Chairman Cruz answered yes, for up to two years, however entrances and restrooms would need to meet ADA standards prior to occupancy. Mr. Comfort asked if it would be the house or the church that has to meet ADA standards. Mr. White answered that it would be the building occupied by the public, which is the church. Mr. Estrada stated that the church doors are already large enough for wheelchairs. Chairman Cruz stated that the bathrooms, ramps and exits from the church would still need to be up to ADA standards. Mr. McDonald explained the number of exits depends on the occupancy and size of the building. He will need to get a building permit for each of these items and submit a plan on how he will bring the items up to code. Mr. McDonald stated that many of the older churches in Pasco have the same problem of parking but there haven't been complaints from the neighborhoods. Commissioner Levin moved, seconded by Commissioner Anderson, to close the public hearing and schedule deliberations, the adoption of findings of fact and development of a recommendation for City Council for the September 20, 2012 meeting. The motion passed unanimously. Planning Commission Minutes 9/20/2012 B. Special Permit Location of a church in an R -1 District (Manuel Estradal IMF# SP2012 -0151 Chairwoman Kempf read the master file number and asked for comments from staff. Shane O Neill, Planner I, discussed the application for a special permit for the location of a church in an R -1 District. Mr. O'Neill explained that staff contacted the applicant since the previous meeting to make sure he was clear on the conditions in the report and that there were no changes since the previous Planning Commission Meeting. Commissioner Greenaway asked if Mr. Estrada accepted the conditions. Mr. O'Neill answered that he believed the applicant is accepting on the conditions. Commissioner Anderson moved, seconded by Commissioner Levin, to adopt findings of fact and conclusions as contained in the September 20, 2012 staff report. The motion passed unanimously. Commissioner Anderson moved, seconded by Commissioner Levin, based on the findings of fact and conclusions that the Planning Commission recommend the City Council grant a special permit to Manuel Estrada for the location of a church and parsonage at 605 North 5th Avenue with the conditions as contained in the September 20, 2012 staff report. The motion passed unanimously. AGENDA REPORT FOR: City Council, September 25, 2012 I TO: Gary Crutch ie Manager Regular Mtg.: 10/1/12 Rick White, Community & conomic Development Director/% N FROM: Jeffrey B. Adams, Associate Planner (/ SUBJECT: SPECIAL PERMIT: Elementary School at Spokane St. and N. California Ave (MF# SP2012 -017). I. REFERENCE(S): 1. Vicinity Map 2. Proposed Resolution 3. Report to Planning Commission 4. Planning Commission Minutes: Dated 8/22/12 and 9/20/12 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 10 /1: MOTION: I move to approve Resolution No. , approving a Special Permit for an elementary school at the intersection of Spokane Street and North California Avenue as recommended by the Planning Commission. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On August 22, 2012, the Planning Commission conducted a public hearing to determine whether or not to recommend a special permit be granted for the location of a new elementary school at the southeast comer of the intersection of Spokane Street and North California Avenue. B. Following conduct of the public hearing, the Planning Commission reasoned that with conditions, it would be appropriate to recommend approval of a special permit for the new elementary school. C. The recommended conditions are contained in the attached Resolution. D. No written appeal of the Planning Commission's recommendation has been received. ME RIa t- T _1 - , •Yi�' j, ,�firr,,� P _ Q nV.o20,� i �A \ 13 ni!) °•� I �! '�'� aYYY 3�� j`ii}�ki>�� m � I� � ' �L�� r 1 4'_' 52Jd �i. "�'j(•" y�A @�1� � nF.+1 .�� .f: S x� PL' 1 11i. ML n 5 ,w. arrwia /\ `{[y� {r1 �1^ 1{ }.,� yyy , d I t` Z( s . a�`�I+,,I[p�p /1`C�l -'t 1 •�. Five: I!1 �J��ry!„I �ou yA ��MI 5�.,� ♦�` �1 �yT .. L ILL.' mIk k df�,1P" L« nl ll•� i ' aY'JK1J f �.L L�9Y16'FlY.� "'�.'r Y. ct 1 P2, SAP a UOAL -F ii A ct LU 0 Poo ' 1 a � ' _ ./ � -. � � t`�; • fit'. V\ ®ia'�"�f..�rlrs� ! <«.v�i..` • .� \r, RESOLUTION NO. A RESOLUTION ACCEPTING THE PLANNING COMMISSION'S RECOMMENDATION AND APPROVING A SPECIAL PERMIT FOR THE LOCATION OF AN ELEMENTARY SCHOOL WHEREAS, Pasco School District, submitted an application for the location of an elementary school at the Southeast corner of N. California Avenue and Spokane Street (Tax Parcels 112 - 096 -027, 113 -503 -085, 112 - 096 -018, 112 - 096 -045, and 112 - 096 -036); and, WHEREAS, the Planning Commission held a public hearing on August 22, 2012 to review the proposed elementary school; and, WHEREAS, following deliberations on September 20, 2012 the Planning Commission recommended approval of a Special Permit for the proposed elementary school with certain conditions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: 1. That a Special Permit is hereby granted to Pasco School District for the location of an elementary school in a C -3 (General Commercial) District under Master File # SP 2012 -017 with the following conditions: a) The special permit shall apply to Parcels No. 112- 096 -027, 113 -503 -085, 112- 096 -018, 112 - 096 -045, and 112 - 096 -036 (or their successors as parcels are joined and parcel numbers reassigned). b) The elementary school site shall be developed in substantial conformity with the site plan and building elevations submitted with the special permit application. c) Improvements shall include but not be limited to curb, gutter, sidewalk and street lighting along the school side of the streets. d) Sidewalks in the road rights -of -way abutting the school property shall be 7 feet in width. e) The School District shall prepare a traffic study for anticipated traffic to and from the proposed school site to determine the need for additional street improvements and/or the need for traffic signals. The traffic study must be completed and submitted to the City Engineer prior to the issuance of a building permit and may result in additional conditions or requirements related to school construction. f) No on- street parking or bus staging will be permitted on or adjacent to Broadway Boulevard or Spokane Street. g) All costs associated with speed reduction/modification including but not limited to flashing lights, signage, pedestrian sensors, safety and crosswalks shall be paid for by the School District. h) All street/roadway signage abutting the property is to be provided by the School District and must conform to the most current MUTCD & City of Pasco Construction Standards. i) The School District shall construct all necessary improvements and accommodations for pedestrian school routes as required and identified in the traffic study. j) All street improvements recommended in the traffic study, including traffic signals, must be installed in conjunction with the construction of the elementary school. k) The School District shall prepare a dust control mitigation plan to be submitted with the building permit application. 1) No sports field light shall be permitted. m) Water rights associated with site must be dedicated to the City prior to the issuance of a building permit. n) The special permit shall be null and void if a building permit has not been obtained by January 1, 2015. Passed by the City Council of the City of Pasco this 1' day of October, 2012. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney 2 REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 2012 -017 APPLICANT: Pasco School District # 1 HEARING DATE: 8/16/12 1215 W Lewis St ACTION DATE: 9/20/12 Pasco, WA 99301 BACKGROUND REQUEST: SPECIAL PERMIT: Location of an Elementary School in a C -3 District. (Southeast corner of the intersection of Spokane St. and N. California Ave.) 1. Legal: Blocks 164, 165, 167 & 168 Pasco Land Company's First Addition together with vacated adjacent rights -of -way and Block 1, Frey's Addition together with vacated adjacent rights -of -way General Location: Southeast corner of N. California Avenue and Spokane Street adjacent to the Whittier Elementary School Site. Property Size: Approximately 8 acres 2. ACCESS: The site is adjacent to the Whittier Elementary School Site, with direct access off of California Avenue, Spokane Street, and Broadway Boulevard. 3. UTILITIES: All utilities are available to the site. 4. LAND USE AND ZONING: The site is zoned C -3 (General Commercial) and is vacant. The property to the north, is zoned C -3 and is mostly undeveloped, with an office to the northeast; lands to the west are also zoned C -3 and are developed with heavy commercial uses; the lands to the south are zoned C -3 and are vacant. The property to the east is zoned C -3 and R -1 and is developed with the Pasco Family Housing apartment complex (R -3) and the Whittier Elementary School (R -1). 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site as Public /quasi - public, with the exception of the southwest parcel along California and Broadway Boulevard, which is designated for Commercial. Goal CF -5 suggests adequate provisions should be made for educational facilities located throughout the urban growth area. Policy CF -5 -A encourages the appropriate location and design of schools throughout the community. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Determination of Non - significance (DNS) has been issued for this project under WAC 197- 11 -158. The site in question is adjacent to an apartment complex built in 2010 and an elementary school (Whittier), which was built in 1997, and expanded with portable units in 1998 and 1999. Pasco currently has eleven elementary schools (the School District has one additional elementary school [Edwin Markham] outside the Pasco UGA) with one approved recently for construction. With the recent growth in population ( Pasco's population has more than doubled in size since 1997) and student enrollment, the School District needs to construct several elementary schools. Elementary school enrollment in Pasco has increased by an average of about 360 new students per year for the last decade. This year the elementary enrollment increased by over 400 new students. The State Office of the Superintendent of Public Instruction estimates Pasco's elementary enrollment will increase by 3,157 students over the next 6 years. This continued growth in school enrollment will create the need for additional elementary schools. To address part of the need for additional school space the District is proposing to develop the site in question with a 69,000 square foot two -story, elementary school similar to Maya Angelou and Virgie Robinson. The school will accommodate between 700 -800 students and will contain public parking and bus loading off of N. California Avenue. The School District wishes to build on this particular site because it owns the land, and it is otherwise costly and difficult to assemble the necessary acreage for a school (typically around 13 acres), and because they can take advantage of economies of scale by utilizing a shared playground. The proposed site is partially developed with street improvements and utilities located in all surrounding streets. The School District will be responsible for installing sidewalks. With respect to traffic- related issues a signal warrant test will be needed to determine when a signal should be installed at the intersections of Spokane and Broadway with Oregon Avenue, as well as crosswalk signalization between the school sites and the City Park to the south. The side -by -side schools will approximately double the current traffic flows in the area. Most of the schools in Pasco are located in residential zoning districts. By contrast, this proposed school would be built in a commercial zone, 2 surrounded by either vacant land or commercial development to the north, west, and south, and an apartment complex and another elementary school to the east. It is possible that a heavy commercial use, such as a trucking company or heavy equipment yard may not want to locate near an elementary school for liability reasons. This may impact commercial values of adjacent and nearby lands; however the construction of schools in commercial zones has not historically discouraged development on or diminished the value of nearby commercial properties. As an example, Western States Equipment completed a major expansion in 2007 adjacent to Ochoa Middle School, six years after the school was built. Access to the site is limited to the northeast with undeveloped rights of way at Wehe Avenue and Spokane Street, but otherwise unimpeded, due to access via Broadway Boulevard and Oregon Avenue. STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report and comments made at the public hearing. The Planning Commission may add additional findings as deemed appropriate. 1. The site is within the Pasco Urban Growth Boundary. 2. The site is within the City limits of Pasco. 3. The Comprehensive Plan identifies the site for Public /quasi - public, with the exception of the southwest parcel along California and Broadway Boulevard, which is designated for Commercial. 4. The site is located in a C -3 zone. 5. The site contains approximately 8 acres of land. 6. Elementary schools generally require 13 acres, which includes room for shared park facilities. 7. A 10 -acre City park (Highland) is developed to the south and east of the site. 8. The school site is separated from the park by Broadway Boulevard. 9. Under the current zoning heavy commercial uses could be developed on the site as well as on adjacent and nearby properties. 10. Half of the Ochoa Middle School site is zoned C -3. 3 11. Schools are conditional land uses in all zones and require review through the special permit process prior to permitting for construction. 12. Comprehensive Plan Goal CF -5 suggests that adequate provisions should be made for the location of educational facilities throughout the urban growth area. 13. The site is currently vacant. 14. The site is owned by the Pasco School District. 15. Sewer and water utilities are stubbed to the site. 16. The site is located at the Southeast corner of N. California Avenue and Spokane Street adjacent to the Whittier Elementary School Site 17. City development standards require off -site street and utility improvements to be constructed or installed concurrently with site development. 18. Off -site street improvements include but are not limited to street construction and paving, installation of curb gutter and sidewalk (7' wide), street lights, handicapped ramps, signage, lane striping, street drainage, traffic signals, speed- reduction modifications, and fire hydrants. 19. Pasco's population has doubled since 1997. 20. The Pasco School District enrollment has grown from 8,048 in 1997 to 15,633 in 2012. 21. The Office of the Superintendent of Public Instruction estimates Pasco's elementary school enrollment will increase by another 3,157 by 2017. 22. The construction of schools in commercial zones has not discouraged development on nearby commercial properties or diminished the value of said properties. 23. No sports fielding lighting will be constructed with the proposed elementary school. rd CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must draw its conclusion from the findings of fact based upon the criteria listed in P.M.C. 25.86.060. The criteria and staff listed conclusions are as follows: (1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The proposed use supports the following plan policies or goals: CF -5 suggests adequate provisions be made for educational facilities throughout the Urban Growth Area. Transportation and Utility policies support city standards that require the extension of streets and utilities in conjunction with development. To be in accord with the Comprehensive Plan the proposed elementary school development would also need to include the development of adjoining streets and utilities in order to accommodate the increased traffic flows as well as augmented water, power, and sewer usage for twice as many students. (2) Will the proposed use adversely affect public infrastructure? The location of an elementary school on the proposed site will not adversely affect public infrastructure. (3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The proposed elementary school has been designed with generous yard setbacks, landscaping, screening of mechanical equipment and a pitched roof line to moderate the school's height. This development will be less intense than the surrounding uses, which are currently, and will likely continue to be heavy commercial in nature. Heavy commercial uses generally include offices, showrooms, warehouses, manufacturing and repair shops, equipment and material storage, and semi -truck traffic. As the school fronts C -3 Zoning on three sides the development of the school in this location may create compatibility issues with the permitted uses of the C -3 Zone. (4) Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? The construction of schools in commercial zones has not discouraged development on nearby commercial properties or diminished the value of said properties (The Western States Cat property is an example). 5 However, as mentioned above, heavy commercial uses generally include offices, showrooms, warehouses, manufacturing and repair shops, equipment and material storage, and semi -truck traffic. As the school fronts C -3 Zoning on three sides the development of the school in this location may create compatibility issues with the permitted uses of the C -3 Zone. (5) Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? Experience has shown that schools within Pasco generate few complaints from neighbors. Elementary schools typically are not a source of dust, fumes, vibrations or flashing lights. The proposed school could generate up to 940 vehicle trips per day. During weekends, the summer break, and other break periods very little traffic will be generated. Few, if any elementary school activities would be more objectionable than heavy commercial activities currently allowed at the site. (6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in anyway will become a nuisance to uses permitted in the district? The elementary school will be constructed to meet all requirements of the International Building Code, the Fire Code, the Plumbing Code, all other construction codes and state regulations pertaining to middle school construction. The building will be required to have fire -rated corridors, area separation walls, sufficient exiting and fire sprinkler systems to ensure the safety of the public. The construction of sidewalks and street improvements may address traffic safety issues. As mentioned previously, developing a second school translates into approximately double the traffic impact to the site and to adjacent streets. Consequently, a traffic study needs to be done in conjunction with this application. PROPOSED APPROVAL CONDITIONS 1. The special permit shall apply to Parcels No. 112096027, 113503085, 112096018, 112096045, and 112096036 (or their successors as parcels are joined and parcel numbers reassigned). 2. The elementary school site shall be developed in substantial conformity with the site plan and building elevations submitted with the special permit application. M 3. Improvements shall include but not be limited to curb, gutter, sidewalk and street lighting along the school side of the streets. 4. Sidewalks in the road rights -of -way abutting the school property shall be 7 feet in width. 5. The School District shall prepare a traffic study for anticipated traffic to and from the proposed school site to determine the need for additional street improvements and /or the need for traffic signals. The traffic study must be completed and submitted to the City Engineer prior to the issuance of a building permit and may result in additional conditions or requirements related to school construction. 6. No on- street parking or bus staging will be permitted on or adjacent to Broadway Boulevard or Spokane Street. 7. All costs associated with speed reduction /modification including but not limited to flashing lights, signage, pedestrian sensors, safety and crosswalks shall be paid for by the School District. 8. All street /roadway signage abutting the property is to be provided by the School District and must conform to the most current MUTCD 8s City of Pasco Construction Standards. 9. The School District shall construct all necessary improvements and accommodations for pedestrian school routes as required and identified in the traffic study. 10. All street improvements recommended in the traffic study, including traffic signals, must be installed in conjunction with the construction of the elementary school. 11. The School District shall prepare a dust control mitigation plan to be submitted with the building permit application. 12. No sports field light shall be permitted. 13. Water rights associated with site must be dedicated to the City prior to the issuance of a building permit. 14. The special permit shall be null and void if a building permit has not been obtained by January 1, 2015. 7 RECOMMENDATION MOTION: I move to adopt findings of fact and conclusions therefrom as contained in the September 20, 2012 staff report. MOTION: I move based on the findings of fact and conclusions therefrom the Planning Commission recommend the City Council grant a special permit to Pasco School District #1 for location of an elementary school at the southeast corner of the intersection of Spokane St. and N. California Ave., with conditions as listed in the September 20, 2012 staff report. n //�� : � i. t'• 4YT1 _ i sir♦ J V 1 `I I -• � r. A� .. � 1 J t• q � � e ct N Ct t e^ g it ;,•� +� cV IA NN VO C� - _ ice'• 1Z , jl' i fir.. 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Special Permit Location of an Elementary School in a C -3 (General Business) District (Pasco School District) IMF# SP2012 -017) Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed this special permit for an elementary school at the intersection of Spokane Street and N. California Avenue. The site is zoned C -3 (General Business). The School District has made tentative plans to locate a new elementary school adjacent to the Whittier School because they own the property, they can get cost efficiencies and economies of scale by sharing the playground and it brings down the cost of the bond that they will be asking for this coming Spring. The staff report presents concerns with locating the school in a Commercial District and the impacts it might have on the development potential of the adjacent commercial properties. Two conditions in the staff report address a traffic study, given the fact that it would be nearly doubling a traffic generator in the neighborhood. The School District would be required to construct or provide the improvements that the traffic study might identify. Kim Marsh, 1215 W. Lewis Street, spoke on behalf of the Pasco School District. The site offers economic advantages to the School District, utilities are available close to the site and offers operational advantages in the future in terms of grounds- keeping and maintenance with other schools being close by. With a bond successfully passing in 2013 the School District would be starting construction in 2014 with occupancy in Fall 2015. Commissioner Anderson asked Mr. Marsh why the School District would like to locate another school on the east side of Pasco when the rapid growth seems to be on the west side of Pasco. Mr. Marsh responded that the School District has special permits for two other elementary schools that would relieve the west side. The proposed school in question would do a couple of things; take some of the load off of Robinson Elementary School and Whittier Elementary and it would allow sixth - graders to be taken out of Ochoa Middle School. Chairman Cruz asked the applicant if there was anything in the staff report that was a cause for concern. Mr. Marsh answered that there was not. Commissioner Hilliard moved, seconded by Commissioner Levin, to close the public hearing and schedule deliberations, the adoptions of findings of fact and development of a recommendation for City Council for the September 20, 2012 meeting. The motion passed unanimously. Planning Commission Minutes 9/20/2012 B. Special Permit Location of an Elementary School in a C -3 (General Business) District (Pasco School District) (MF# SP2012 -017) Chairwoman Kempf read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the application for an elementary school in a C -3 District. Mr. White explained that there were no changes in conditions since the previous meeting. Commissioner Levin moved, seconded by Commissioner Greenaway, to adopt findings of fact and conclusions therefrom as contained in the September 20, 2012 staff report. The motion passed unanimously. Commissioner Levin moved, seconded by Commissioner Greenaway, based on the findings of fact and conclusions therefrom the Planning Commission recommend the City Council grant a special permit to the Pasco School District #1 for location of an elementary school at the southeast corner of the intersection of Spokane Street and N. California Avenue, with conditions as listed in the September 20, 2012 staff report. The motion passed unanimously. AGENDA REPORT NO. 16 FOR: City Council September 25, 2012 TO: Gary Crutchfiel�lanager FROM: Ahmad Qayourrh, Public Works Director Regular Mtg.: 10/1/2012 SUBJECT: Award Linda Loviisa Well Construction, Project No. C7- WX- IR -12 -02 I. REFERENCE(S): 1. Vicinity Map 2. Bid Summary II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 10/01: MOTION: I move to award the low bid for Linda Loviisa Well Construction, Project No. C7- WX- 1R -12 -02 to Carpenter Drilling in the amount of $113,541.30 including sales tax, and further, authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: Utility Fund IV. HISTORY AND FACTS BRIEF: A) The existing well at the Linda Loviisa Well Site is failing. Earlier this year the City contracted with Shannon & Wilson to perform a well site analysis. The analysis showed that the existing well casing is failing and recommended the City drill a new well. B) This project involves the drilling of a new 16" well at the existing site. C) There are several things to consider when looking at the cost of the well. This well is being constructed and developed in a residential area where we have restrictions on how the contractor can operate. All well cuttings and water need to be controlled in order to minimize impact on the residents. There are restrictions on the type of power plant (electric vs. diesel) used for the well development due to the noise. And the testing water is being discharged into the existing irrigation system. All these items are usually handled in an undeveloped area where using the surrounding land is acceptable. Because of the restrictions we are seeing an increase in costs. V. DISCUSSION: A) On September 19, 2012 staff received two (2) bids for Linda Loviisa Well Construction, Project No. C7- WX- 1R- 12 -02. The low bid was received from Carpenter Drilling in the amount of $113,541.30 including sales tax. The second lowest bid received was in the amount of $134,066.70 including sales tax. The Engineer's Estimate for the project is $106,373.70 including sales tax. Staff recommends award of this contract to Carpenter Drilling. 10(a) City of Pasco Linda Loviisa Well Construction Project No. C7- WX- 1R -12 -02 September 19, 2012 BID SUMMARY Total Engineer's Estimate $1065373.70 1. Carpenter Drilling $1135541.30 2. Blue Star $134,066.70 W.9 . Ar tc Z ,' i l• M4 �' �e i Zf f' L C h E G Jt� k _ i' T�4lwLilrt LL:Pt4 4L1, r 4 � 44. �, y f.j .al" •.J t� t � {1 Tv�f`fAl a h '4. a � I •; wd.+9dd1d.Y/ildl _ �•raa �'�v ! ` Ls f$4 j� ♦ (:', t # t s ' k q '. � � vvaV- Y .ri '.•t Z � ` e �' • 4 Jrr L � �' � a