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.
"oagz�z000��-uuuf�
; U
5 5.
u u
1-
V
V V
V U
N WJ
LL Y
u
u u
'u
$$
da u
U °
°>
W
N N
N N
N H
•• .mi
.1 w
e•
.n1
N m
.1 .mi
Q
e
4 .mi
Nggo
..
.°�
m m
°
g o
0 0
o q
O.ry
q o
0
99999
0
°
o 0
0
r
..
0 0
0
.N..N+
ti
N„
N N„
N
u
rN1 .N.
.Ni
.N1
ti
ti
z
6
0 0
0 o
°o
O O
0 O
°°
m
a
N n
°O
a a
°O o°
ti
N °
0 0
x °
° x
x x
°
a
N N
.• N
ry N
O
O
0
0 O
x N n
O 0 O0
° O
° O
n Q
P
1.11
O
m N
m 01
m N
n
n n
N
n n
N n
a M
n
3
O
C
s
a 0
U p
W
a a
a a
y
N
N N
N N
N
0 0
0 o
0 0
a �
5
!R
r
mg
u
Z z
z z
3
3
3 3
3 3
3
°
N
r01 °
r01
.N4
m N
0 N
NNN
N
0
g
0
y
Q
a a
0
4
g
p
p d
n a
0
z z
z
p
p p
K
4
m
5
m Z
Z Z
G
o
F
W
w a
3 z
i i
w
J
N
W
>
>>
z
a
V U
u
u p
U U
0
U
* **
0
0 N
N N
W
u n
6
U U
a
Or O
N
0 0
0
rrO
r
w°
r
m o
o o
0
0
o G
G
3
"oagz�z000��-uuuf�
u
u u
'u
$$
da u
U °
°>
N M
m
N rl
ti w
O n
w o
a
n
m N
m
g m
0
N
H
m n
n
N m
m
Q
e
4 .mi
Nggo
..
.°�
..
m
f
m e
m m
e m
0 0
e m
m
0
m
0
W w
m
0
m w.
m
e
m
0
m u
0 o
�mm
o
0
°
o 0
0
0
0 0
0
g
ti
N„
N N„
N
j
rN1 .N.
.Ni
.N1
ti
ti
6
° o
N o
0 0
0
0 0
o
o o
° 0
0 0
0
N N
.• N
ry N
O
O
0
0 O
x N n
O 0 O0
° O
° O
n Q
P
O
O
m N
m 01
m N
n
n n
N
n n
N n
a M
n
3
O
C
V
a 0
U p
W
RESOLUTION NO. �31
A RESOLUTION of the City of Pasco, Washington, authorizing
commencement of condemnation litigation for the construction of the Lewis Street
Overpass.
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 !
N
r
V, s ) — ti£ dVO21
cid
N
O N ~
oo� Cl)
BE VON
•, L'� o
N
P-4 • • -- a - °a
o
Id H1LE
F+i -
BE avoll
C**4
N - --
e
lIR9Y ..
_._ _
!! � ` fy +- {y
a�
,� �+ R� �
��
` ' � ��` C` � Yp fE�
+ Y;ky..
� ''
+ j +,
� �i � S � �G 'Y.
r
f. r.', � ���[ t. k
'1 yn +F +yy.!� �/
L �1 + 4 �1W �e. +
t b�
f
� : .1 .. � � + Y ,�„ 1}Y� ear Lv.
4 �{ + + �//Rf +' {'+ • �iR
i + + 5, ry
PP 1 � Y n � 6�y���
>. ' Y t � � +'FY �'�4
�+j�. (( �yI �f
-� M1 �T i.F�IL1V.'ti+�f -+9 ��
_� � � .. � +r.r + t'�k'�T.fi uti'�+.
�}. t x% ++
_ �{ r �
�+ i
:, r t
�� - F � � � w �Y I
.M1 .('4 ..f1 R I:�Y. ��i
�� �
L. � 1 ��j�
' ,'..1
; �1p� j - R ( � t
'1 ' � - + p v.. n ��
�. � i � s +' .. y.1
� � + .+;
�� Y t R ". +
3fia to <z e _ ,, k�+
n l k% } ♦ +:
� Y p t.:
i �. � +t
{ + .1
+
i {
�� +�f P,{
t iM � +�
s. I + M
,� � � ,��.
} ..kF v � �n
,. �„ ' '
; : +� ,
l/ "" ��'
�� ...
v^^
�1IIt
�I
ul
-"I
:1
cr
f
, Y
li
I
I
'
1 J
'I
,I
�I
I
V
V
W
•: F /I
� J I
�A � f• j
- r o
w t
L)
i
ham)
yl
a�
L�l
Zl�u
i OIL
~ n
w �
� w �
? 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
�! Sri ► �
dp
ir7a Pill, LORI
G■ Cr��C C ��
■
MMMQ m"
MEN
1
G■ • ^"
.� ss
i� Ii
! @@ Z
!3 qs
t {t ��� C Yp � • Q Ii� �� W j51_ X f { Q
I "�IF� F �W��y ZC� N FPFdtlE��[ 6
rig a i
77 7 a <5 l a
I a �
I �
I
-----------------------------------
— _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
l
II Y
i
1 gg
I
�IY �
Igr y
I
` r
r
Y�
9k*
All
�i
6.
1 i _�
' 1
� � ��
0
�� ��
'7 W�
6
�
_ �
��
I
L
C
N
r
E
4
W >
w
= O m
01 Y N m
N
z
0��'Y
VI N N
a` o
a N a
N
U
J
J
O
Z
I
O
IL
a
I
4-
C
V 1
p
w>
4 � M
J
Z C u CO
as
N
U
J
J
0
Z
O
d
n
N
I
L
Im
V I
L�
r
■
P
4
u
� � m
N � m
aS�
u v ry LL
0 min"
N N Y
C
a o m
11 0 a
N
U
J
J
O
Z
I
O
w
0.
W
I
4^
L
'm
v /
L�
r
U
U > d
L � N
M
G Z c a o
N t m
Y
2 =o A
c N
U
J
J
Z
O
0.
3
A
k
O
b4
0
.V4
vw
O
O
04
w
7.j
A
_i
bA
0
vw
0
0
a
i
I
i'
n i
I
e
•az %�1
' �. � f yi P • ,�1
wk
1.
pl
y
1
I
A
oll
Planning Commission Minutes
8/22/2012
C. 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..
Q
> Q 3Atl OJnH 1�tlNNltl
2 m m U
Q pO
^� M1 m 3Atl 3MOWVOAS y
N
o N
3AV Wl3
CL
� /U� Q 0
V 1 anrsn�noo /LL LL
U
g
t w 3AV N3Mo
3Atl H�330
m a m
e S
u
N O -
w R 0
N
U. ++
N C4
UO crvFO�\PPVE w�aPVE
opE�Hp�w SNP
. r..,
W
�
,� _ E
►� �� w ° Cl)
L)
�N
6
Q m 3 VOOnH 10 YNlnitl r
o
U
^� n m 3nV 3NOWV�AS „
O� 3ntl Wl3
V 1 � 3nv sn�noa � 3nr svl�noa
U p
<
a
tt u=S 3 VNWO
3nY H�33
s < �
O3AV 3H3M a
W� � irr 3AV 631NYN0
� O
U' OPUFOftNtl'N'� POO PA
TOM
ct
v� N
M M
o
y
.. N
" •• W
N
rm
O
N �
K.- I�
'1
\ EXISTING APARTMENT COMPLEX
\
�� a0
PLAY 7Q 0
\ O
GRASS AREA
O�
0
� oPa�pY y/
6D N $R
CONCEPTUAL SITE PLAN
SO E P.&C.
R *-,* 61
im
E
51 EXISTING WITTIER ELEMENTARY
NORTN
Q
i
z
I
t
��i �f ✓ 1 ee .`V r 4 3 ., s.
e A 1s
w�
1�
•N
i
tl °
i
t
, S i
.�f,� i •� - , �S y� yf
tea' '���� �. � � �. •FY f I � 1. ��'•' � a.. �.
_.=..�
i
�Ly
C
�?1
��
-,
�,
Planning Commission Minutes
8/22/2012
B. 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