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HomeMy WebLinkAbout2015.02.02 Council Meeting Packet4. 5. AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. February 2, 2015 L 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 January 20, 2015. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) 1. To approve claims in the total amount of $2,581,228.79 (c) Agreement with Gordon Thomas Honeywell for Federal Legislative Consulting Services: 1. Agenda Report from Dave Zabell, City Manager dated January 21, 2015. 2. Gordon Thomas Honeywell — Proposed Federal Agreement. To approve the agreement with Gordon Thomas Honeywell Governmental Affairs for federal legislative consultant services and, further, authorize the City Manager to execute the agreement. (d) Right -of -Way License Agreement (MF #AGRMT2015-003) Road 100: 1. Agenda Report from Shane O'Neill, Planner I dated January 14, 2015. 2. Road 100 License Agreement —Overview Map. 3. Road 100 License Agreement —vicinity Map. 4. Road 100 License Agreement —Proposed License Agreement. To approve the Road 100 Right -of -Way License Agreement and, further, authorize the City Manager to execute the license agreement. (e) I Resolution No. 3615, a Resolution approving a preliminary plat for Tierra Vida Division No. 2. 1. Agenda Report from Dave McDonald, City Planner dated January 26, 2015. 2. Preliminary Plat Tierra Vida Division No. 2 — Overview Map. 3. Preliminary Plat Tierra Vida Division No. 2 — Vicinity Map. 4. Preliminary Plat Tierra Vida Division No. 2 — Proposed Resolution. 5. Preliminary Plat Tierra Vida Division No. 2 — Preliminary Plat. 6. Preliminary Plat Tierra Vida Division No. 2 — Report to the Planning Commission. 7. Preliminary Plat Tierra Vida Division No. 2 — Planning Commission Minutes dated 12/18/14 and 1/15/15. To approve Resolution No. 3615, approving the Preliminary Plat for Tierra Vida Division No. 2. (RC) MOTION: I move to approve the Consent Agenda as read. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) (b) (c) VISITORS - OTHER THAN AGENDA ITEMS: (a) (b) (c) Regular Meeting 2 February 2, 2015 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councibnembers (b) (c) 7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (a) 0 Street Vacation: Portion of Road 60 (MF# VAC2014-009). 1. Agenda Report from Dave McDonald, City Planner dated January 26, 2015. 2. Street Vacation, Portion of Road 60 - Overview Map, 3. Street Vacation, Portion of Road 60 - Vicinity Map. 4. Street Vacation, Portion of Road 60 - Proposed Ordinance. CONDUCT A PUBLIC HEARING Ordinance No. , an Ordinance vacating a portion of Road 60. MOTION: I move to adopt Ordinance No. , vacating the east 15 feet of Road 60 south of Sylvester Street and, further, authorize publication by summary only. (b) 0 Easement Vacation: Lots 6 & 7, Columbia East #2 (MF# VAC2014-010). 1. Agenda Report from Dave McDonald, City Planner dated January 26, 2015. 2. Easement Vacation, Lots 6 & 7, Columbia East #2 - Overview Map. 3. Easement Vacation, Lots 6 & 7, Columbia East #2 - Vicinity Map. 4. Easement Vacation, Lots 6 & 7, Columbia East #2 - Proposed Ordinance. CONDUCT A PUBLIC HEARING Ordinance No. an Ordinance vacating the Utility Easement between Lots 6 and 7, Columbia East #2. MOTION: I move to adopt Ordinance No. vacating the Utility Easement between Lots 6 and 7, Columbia East #2 and, further, authorize publication by summary only. (c) 0 Street Vacation: Portion of Colorado Avenue (MF# VAC2014-008). 1. Agenda Report from Dave McDonald, City Planner dated January 27, 2015. 2. Street Vacation, Portion of Colorado Avenue - Overview Map. 3. Street Vacation, Portion of Colorado Avenue - Vicinity Map. 4. Street Vacation, Portion of Colorado Avenue - Proposed Ordinance. CONDUCT A PUBLIC HEARING Ordinance No: . an Ordinance vacating a portion of Colorado Avenue. MOTION: I move to adopt Ordinance No. . vacating a portion of Colorado Avenue and, further, authorize publication by summary only. 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: (a) 0 Ordinance No. , an Ordinance of the City of Pasco, Washington, amending the zoning classification of property located in the northwest corner of I-182 and Broadmoor Blvd from RT (Residential Transition) to C-1 (Retail Business). 1. Agenda Report from Dave McDonald, City Planner dated January 27, 2015. 2. Rezone, Adams Property - Vicinity Map. 3. Rezone, Adams Property - Proposed Ordinance. 4. Rezone, Adams Property- Report to the Planning Commission. 5. Rezone, Adams Property -Planning Commission Minutes dated 12/18/14 and l/1/15. MOTION: I move to adopt Ordinance No. rezoning property located in the Northwest corner of I-182 and Broadmoor Blvd from RT to C-1 and, further, authorize publication by summary only. (b) i Ordinance No. , an Ordinance of the City of Pasco, Washington, amending the zoning classification of property located at 710 North 24th Avenue from C-1 (Retail Business) to R-3 (Medium Density Residential). 1. Agenda Report from Shane O'Neill, Planner I dated January 21, 2015. 2. Cuevas Rezone - Vicinity Map. 3. Cuevas Rezone - Proposed Ordinance. 4. Cuevas Rezone - Report to the Planning Commission. 5. Cuevas Rezone - Planning Commission Minutes dated 12/18/14 and 1/15/15. MOTION: I move to adopt Ordinance No. rezoning the property located at 710 N. 20 Avenue from C-1 to R-3 and, further, authorize publication by summary only. Regular Meeting 3 February 2, 2015 9. UNFINISHED BUSINESS: (None) 10. NEW BUSINESS: (None) 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) Establish the Sales Price or Lease Amount of Real Estate (b) (c) 13. ADJOURNMENT. rRoll Call Vote Required Item not previously discussed Quasi -Judicial Matter MF# "Master File #...... 1. 1:30 p.m., Monday, February 2, KGH — Emergency Medical Services Board Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; AL YENNEY, Alt.) 2. 12:00 p.m, Wednesday, February 4, 2601 N. Capitol Avenue — Franklin County Mosquito Control District Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; AL yENNEy, Alt.) 3. 5:30 p.m., Thursday, February 5, P&R Classroom — Parks & Recreation Advisory Board Meeting. (COUNCILMEMBER SAUL MARTINEZ, Rep.; MIKE GARRISON, Alt.) MINUTES REGULAR MEETING PASCO CITY COUNCIL JANUARY 20, 2015 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Rebecca Francik, Mayor Pro -tem. ROLL CALL: Councilmembers present: Rebecca Francik, Mike Garrison, Robert Hoffinann, Tom Larsen, Saul Martinez, and Al Yenney. Excused: Matt Watkins. Staff present: Dave Zabell, City Manager; Stan Strebel, Deputy City Manager; Leland Kerr, City Attorney; Rick White, Community & Economic Development Director; Ahmad Qayoumi, Public Works Director; Bob Metzger, Police Chief and Colleen Chapin, Human Resources Manager. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: Approval of Minutes: Minutes of the Pasco City Council Meeting dated January 5, 2015. Bills and Communications To approve claims in the amount of $2,525,209.99 ($1,346,748.73 in Check Nos. 201971-202205; $325,429.32 in Electronic Transfer Nos. 804046-804047, 804050- 804051; $34,067.91 in Check Nos. 47670-47699, 900000097; $527,647.53 in Electronic Transfer Nos. 30077349-30077819; $12,368.35 in Electronic Transfer Nos. 109-113; $278,948.15 in Electronic Transfer Nos. 108-116). 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 $304,205.22 and, of that amount, authorize $204,467.95 be turned over for collection. Waiver of Sewer Utility Service Requirement (MF #USW2014-004): To conditionally approve the sewer utility service waiver at 1209 Road 62 and, further, authorize the City Manager to execute the waiver agreement. Road 80 Annexation Committee: To authorize staff to initiate formation of an ad-hoc citizen committee to analyze the impact of annexation on properties in the Road 80 area. Removed from Consent Agenda and moved to item 10c - New Business. Certified Local Government Agreement (MF #PLAN2014-001): To approve the Certified Local Government Agreement with the Washington State Department of Archaeology and Historic Preservation (DAHP) and, further, authorize the Mayor to execute the agreement. Argent Road Widening Professional Services Agreement — Amendment No. 1: To approve Amendment No. 1 to the Professional Services Agreement with MacKay Sposito, continuing professional services with respect to the Argent Road Widening Project, in the amount of $13,905.29 and changing the completion date to May 31, 2015 and, further, authorize the City Manager to execute the agreement. I 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL JANUARY 20, 2015 GESA Stadium Upgrades: To approve Amendment No. 2 with the Tri -City Dust Devils and, fiuther, authorize the City Manager to execute the agreement. Solano Utility Easement (MF #ESMT2015-001): To accept the permanent utility easement from Solano Enterprises. Resolution No. 3613, a Resolution approving the 2014 Subrecipient Agreements for HOME Programs and Authorizing the City Manager to execute HOME Consortium Subrecipient Agreements for Program Years 2014. To approve Resolution No. 3613, authorizing the City Manager to execute the 2014 Administrative and Down Payment Assistance Subrecipient Agreements with the Tri - Cities HOME Consortium Lead Agency. Resolution No. 3614, a Resolution waiving competitive bidding requirements for the purchase of new Variable Frequency Drives (VFDs) and Allen-Bradley Programmable Logic Controller (PLCs) and authorizing the purchase and installation of said equipment by H&N Electric. To approve Resolution No. 3614, waiving competitive bidding requirements and approving the purchase of Variable Frequency Drive (VFD) units and the Programmable Logic Controller (PLC) and, further, approving installation of the equipment. MOTION: Mr. Martinez moved to approve the Consent Agenda as amended. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. REPORTS FROM COMMITTEES AND/OR OFFICERS: Mr. Yenney attended the TRAC Advisory Board meeting. Ms. Francik reported on the Martin Luther King Jr. Bell Ringing Ceremony at Columbia Basin College. NEW BUSINESS: Canter Club Estates Latecomers Agreement: MOTION: Mr. Martinez moved to approve the Latecomers Agreement water system extension agreement with J&J Kelly Construction, hic., and, further, authorize the City Manager to sign the agreement. Mr. Garrison seconded. Motion carried unanimously. Collective Bargaining Agreement with IAFF, Local 1433: MOTION: Mr. Martinez moved to approve the Collective Bargaining Agreement with the IAFF, Local 1433, for years 2014-2015 and, further, authorize the Mayor to execute the agreement. Mr. Garrison seconded. Motion carried unanimously. Road 80 Annexation Committee: MOTION: Mr. Martinez moved to authorize staff to initiate formation of an ad-hoc citizen committee to analyze the impact of annexation on properties in the Road 80 area. Mr. Garrison seconded. Motion carried 5-1. No — Larsen. EXECUTIVE SESSION: Council adjourned to Executive Session at 7:16 p.m. for approximately 15 minutes to establish sales price or lease amount of real estate with the City Manager, Deputy City Manager and the City Attorney. 2 MINUTES REGULAR MEETING PASCO CITY COUNCIL JANUARY 20, 2015 Mayor Pro -tem Francik returned to the Council Chambers and noted Executive Session will continue an additional 5 minutes. Mayor Pro -tem Francik called the meeting back to order at 7:38 p.m. ADJOURNMENT: There being no further business, the meeting was adjourned at 7:38 p.m. APPROVED: Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk PASSED and APPROVED this 2nd day of February, 2015. CITY OF PASCO Council Meeting of: February 2 2015 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 rendered or the labor performed as described herein and that the claim is a just, due and unpaid obligation against the city and that we are authorized to authenticate and certify to said claim. G _Dave Zabell, City Manager Rick Terway, ABCS ctor (�/f We. the undersigned Gry Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 2 day of February, 2015 that the merchandise or services hereinafter specified have been received and are approved for payment Claims Bank Payroll Bank en'I Bank Electronic Bank Combined Check Numbers 202206-202400 4770047725 Total Check Amount $1,376,186.17 $26,281.86 Total Checks $ 1,402,468.03 Electronic Transfer Numbers 803949-804026 30077820-30078291 117-119 804029-804045 804048-804049 804052-804164 804166-804246 Total EFT Amount $447,525.08 $528,597.98 $202,637.70 Total EFTS $ 1,178,760.76 Grand Total $ 2,581,228.79 Councilmember Councilmember SUMMARY OF CLAIMS BY FUND: GENERALFUND 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 MULTI MODAL FACILITY RIVERSHORE TRAIL $ MARINA MAIN SPECIAL ASSESSMNT LODGING LITTER CONTROL REVOLVING ABATEMENT TRAC DEVELOPMENT & OPERATING ECONOMIC DEVELOPMENT 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 MEDICAUDENTAL INSURANCE FLEX PAYROLL CLEARING GRAND TOTAL ALL FUNDS: $ 2,581,228.79 3(b).1 AGENDA REPORT TO: City Council January 21, 2015 FROM: Dave Zabell, City Manag�� Workshop Mtg.: 1/26/15 Regular Mtg.: 2/2/15 SUBJECT: Agreement with Gordon Thomas Honeywell for Federal Legislative Consulting Services I. REFERENCE(S): 1. Gordon Thomas Honeywell - Proposed Federal Agreement 11. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 1/26: Discussion 2/2: MOTION FOR THE CONSENT AGENDA: I move to approve the agreement with Gordon Thomas Honeywell Governmental Affairs for federal legislative consultant services and, further, authorize the City Manager to execute the agreement. HI. FISCAL IMPACT: $60,000 annually IV. HISTORY AND FACTS BRIEF: A) The city has contracted with the consulting firm of Gordon Thomas Honeywell (GTH) for legislative assistance at the state level for several years. In early 2009, the city entered into a separate agreement with the Washington DC division of GTH to provide for legislative consulting services specifically geared to federal funding for the Lewis Street Overpass Project. B) The agreement with the Washington DC office expired on 12/31/14 and a new agreement is necessary to sustain the consulting effort on the City's behalf in Washington DC. V. DISCUSSION: A) The proposed agreement is similar to the prior agreements, except for the dates. The scope of work, as identified in the attachment to the agreement, still focuses on funding for construction of the Lewis Street Overpass project but also includes an emphasis on lowering Pasco Levee 12-2 as the final link in the Sacajawea Heritage River Trail and efforts to establish relationships with newly elected Representative Newhouse and his staff. B) The expense of the contract remains unchanged at $5,000 monthly ($60,000 annually). The assistance of the consultant was beneficial in 2009 through Representative Hastings' effort to obtain a $750,000 allocation for the Lewis Street Overpass project in the 2010 federal budget. It is also critical to continue working with the Washington State delegation and federal agency officials to assure the best opportunity to have Pasco's projects included in future federal funding bills and to project local influence on agency priorities. C) Staff recommends renewal of the agreement under the terms listed 3(c) CONSULTING AGREEMENT GORDON THOMAS HONEYWELL & CITY OF PASCO This Agreement is entered into by and between City of Pasco and any other party hereto, as is identified in the consultant's signature block below (hereinafter referred to as "Consultant"), upon the following terms and conditions: A. Scope of Work. Consultant will advise and assist the City of Pasco in accordance with Consultant's Scope of Work, described in Attachment "A" hereto and incorporated herein, and Consultant will do and produce such other things as are set forth in the Scope of Work (the "Services"). Consultant's Services will be in compliance with applicable laws, regulations, rules, orders, licenses and permits, now or hereinafter in effect, and Consultant shall furnish such documents as may be required to effect or evidence such compliance. B. Compensation; Expenses. The City of Pasco will pay Consultant for satisfactorily rendered Services in accordance with the specific terms set forth in Attachment "A." C. Invoices; Payment. Consultant will furnish the City of Pasco invoices at regular intervals, as set forth in Attachment "A." D. Term. This Agreement shall commence on January 1, 2015, for a term of one (1) year terminating on December 31, 2015; however, shall be automatically renewed for annual terms thereafter, unless terminated by either party be written notice given ninety (90) days prior to the date of termination. During each renewal term, the parties shall renegotiate Attachment "A" providing for an annual Scope of Work and compensation. E. Ownership of Work Product. The product of all work performed under this agreement, including reports, and other related materials shall be the property of the City of Pasco or its nominees, and the City of Pasco or its nominees shall have the sole right to use, sell, license, publish or otherwise disseminate or transfer rights in such work product. F. Independent Contractor. Consultant is an independent contractor and nothing contained herein shall be deemed to make Consultant an employee of the City of Pasco, or to empower Consultant to bind or obligate the City of Pasco in any way. Consultant is solely responsible for paying all of Consultant's own tax obligations, as well as those due for any employee/subcontractor permitted to work for Consultant hereunder. G. Release of Claims; Indemnity. Consultant hereby releases, and shall defend, indemnify and hold harmless the City of Pasco from and against all claims, liabilities, damages and costs arising directly or indirectly out of, or related to, Consultant's fault, negligence, strict liability or produce liability of Consultant, and/or that of any permitted employee or subcontract or Consultant, pertaining to the Services hereunder. H. Assignment. Consultant's rights and obligations hereunder shall not be assigned or transferred without the City of Pasco's prior written consent; subject thereto, this Agreement shall be binding upon and inure to the benefit of the parties' heirs and successors. I. Governing Law; Severability. This Agreement shall be governed by the laws of the State of Washington, U.S.A. (excluding conflict of laws provisions). If any term or provision of this Agreement is determined to be legally invalid or unenforceable by a court with lawful jurisdiction hereover (excluding arbitrators), such term or provision shall not affect the validity or enforceability of any remaining terms or provisions of this Agreement, and the court shall, so far as possible, construe the invalid portion to implement the original intent thereof. J. Arbitration. Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, the parties shall first meet in a good faith attempt to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Franklin County Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. K. Entire Agreement; Etc. This Agreement, and its incorporated attachments hereto, state the entire agreement between the parties regarding the subject matter hereof and supersede any prior agreements or understandings pertaining thereto. Any modification to this Agreement must be made in writing and signed by authorized representatives of both parties. Any provision hereof which may be reasonably deemed to survive the expiration or termination of this Agreement shall so survive, and remain in continuing effect. No delay or failure in exercising any right hereunder shall be deemed to constitute a waiver of any right granted hereunder or at law by either party. CONSULTANT: Gordon Thomas Honeywell Governmental Affairs Sign: Print: Tim Schellberg Title: President Date: CITY OF PASCO Sign: Print: Dave Zabell Title: City Manager Date: Federal Consulting Agreement Gordon Thomas Honeywell & City of Pasco Page 2 of 3 ATTACHMENT "A" TO CONSULTING AGREEMENT GORDON THOMAS HONEYWELL & CITY OF PASCO A. Scope of Work: Consultant shall provide the City of Pasco with the following federal governmental affairs services: • Identify and track all federal grants and initiatives that are available to the City of Pasco that impact funding for the Lewis Street Overpass Project. Lobby the Washington State Congressional delegation and other federal officials as necessary to pursue federal grants and initiatives, including various federal infrastructure packages: 1) for a road and/or bridge project related to the Lewis Street Overpass Project; 2) authorization and potential funding for lowering Pasco Levee 12-2 as the final link in the Sacajawea Heritage River Trail in the Tri -Cities. • Identify, track and lobby for federal grants and initiatives that benefit the City of Pasco. • Work with the City's state legislative consultant to identify, track and lobby for joint state and federal initiatives, grants and programs that could benefit the City. • Work as a liaison between the City of Pasco and federal officials, Members of Congress, congressional staff and Administration representatives to impact issues and projects important to the City. • Organize meetings for City of Pasco officials, local community leaders and business leaders to support the congressional requests and provide the City of Pasco with periodic reports and updates on effort, status and progress. • Periodically meet in-person with City of Pasco officials to discuss issues, projects and the status of the City's federal program. B. Compensation/Expenses: The City of Pasco shall pay Consultant a monthly fee of $5,000 for the services listed above. Consultant shall only bill communication expenses. The expenses shall not exceed $2,500 for the term of the contract. C. Invoices/Payments: (a) Consultant shall furnish the City of Pasco with invoices for services performed on a monthly basis, and (b) the City of Pasco shall pay each of Consultant's invoices within thirty (30) days after the City's receipt and verification of invoice. D. Term of Agreement: Consultant's services shall commence on January 1, 2015 and shall terminate on December 31, 2015. Federal Consulting Agreement Gordon Thomas Honeywell & City of Pasco Page 3 of 3 AGENDA REPORT FOR: City Council J�y January 14, 2015 TO: Dave Zabell, City Manager f/ Workshop Mtg.: 1/26/2015 Rick White, Regular Mtg.: 2/2/2015 Community & Economic Development Director, FROM: Shane O'Neill, Planner I SUBJECT: RIGHT-OF-WAY LICENSE AGREEMENT (MF# AGRMT2015 003) Road 100. I. REFERENCE(S): 1. Road 100 License Agreement -Overview Map 2. Road 100 License Agreement -Vicinity Map 3. Road 100 License Agreement - Proposed License Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 1/26: DISCUSSION 2/2: MOTION FOR THE CONSENT AGENDA: I move to approve the Road 100 Right -of -Way License Agreement and authorize the City Manager to execute the license agreement. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On December 1, 2014, Council approved a Sign Code amendment providing opportunities for local businesses participating in the WSDOT Motorist Information Sign Program, to locate highway follow-through signs within city rights-of-way where appropriate. B. The owner of a local wine bar and tasting room has requested permission to locate a follow-through sign on Road 100 meeting WSDOT prerequisites for participating in the on -highway Motorist Information Sign Program. Because the wine bar is located within the Broadmoor Outlet Mall which is not directly accessed from Road 100, a follow-through sign is required by WSDOT. C. The proposed right-of-way license agreement has been developed and will be used as a required component of a right-of-way permit to allow the follow- through sign to be constructed and installed. V. DISCUSSION: A. City Staff has worked with the applicant to design the sign and to identify an appropriate location. As the applicant is willing to conform to both the Pasco Municipal Code and the attached license agreement, staff recommends Council approval. 3(d) Overview Item: ROW License Agreement Map Applicant: Jeff Gordon File #: AGRMT 2015-003 ASO'..'.. t if fi%.? c:•_t" a''I rvu.+m.Rs.n.;:�.s _,�^ Za �,v,-:r'. i _ '"i., Vicinity Item: ROW License Agreement Map Applicant: Jeff Gordon File #: AGRMT 2015-003 S I; 115430-017(( ism 115430-028 M,r f {. `43ED,FO ST W m- k P1. ray/iT,t? i • � � � rye • �yi«• f WW i' E' �. � .a. �,f � -�rlP j y,ryry �� � ! F i% � % '+ �i Y14 s•4�'� 1 182 interchange �r FILED FOR RECORD AT REQUEST OF: City of Pasco WHEN RECORDED RETURN TO: City of Pasco, Washington 525 North 3rd Pasco WA 99301 RIGHT-OF-WAY/EASEMENT/ENCROACHMENT LICENSE AGREEMENT THIS LICENSE AGREEMENT entered into this —day of , 201_, by and between , hereinafter referred to as "Licensee", and the City of Pasco, Washington, a Municipal Corporation, hereafter referred to as "City." WHEREAS, the Licensee desires to construct a sign which encroaches upon or is located within the right-of-way and/or easement described herein, and desires to maintain such improvements within the City's right-of-way/easement; and WHEREAS, the Licensee recognizes that said improvements are subject to, and secondary to the City's primary public use of the right-of-way/easement, and that such improvements may, be removed, and/or damaged as a result of the City's use of its right-of-way or easement; and WHEREAS, the City is desirous to allow Licensee to make beneficial use of their improvements without creating a risk of adverse possession or easement by prescription, and without exposing the City to any liability arising out of such beneficial use, NOW, THEREFORE, and in consideration of the mutual terms and covenants contained herein, this License is granted by the City to Licensee according to the following terms and conditions. 1. Grant of License. The City does hereby grant to Licensee a nonexclusive license to locate, construct and maintain the following described improvements: One Highway Follow -Through Sign in compliance with Pasco Municipal Code Title 17 at a maximum height of twelve (12) feet This is a License to encroach upon that right-of-way/easement on the east side of Road 100 north of Bedford Street and south of Sandifur Parkway as indicated in Exhibit `A', Follow -Through Sign Right-of-Way/Encroachment License Agreement - I attached hereto and incorporated herein by this reference. Furthermore, the location of the sign shall be no less than two hundred linear feet southerly of the right-of-way intersection of Road 100/Broadmoor Boulevard and Sandifur Parkway and shall be subject to field adjustments as determined by City of Pasco Engineering staff. This right-of-way/easement may be subject to the location by other utility providers within this easement or franchise rights to which Licensee accepts this license subject to the rights of such utility providers. 2. Cost of Sign. The Licensee shall be solely responsible for the costs of the construction, installation, upkeep, maintenance, repair and possible removal of any improvements within the section of right-of-way subject to this license. 3. Maintenance of Sign. Licensee shall maintain the sign structure in an acceptable and working condition, free of defects, deterioration or damage which may pose a risk to users of the adjacent right-of-way/easement and any City utilities or property located thereon. The sign within the encroached licensed area shall be maintained in a clean and damage -free condition. Failure to maintain the sign structure as herein described shall constitute a default of this Agreement resulting in its termination by the City, and the removal of all improvements within the right-of-way/easement as determined by the City of Pasco Public Works Director. The Licensee shall be responsible for all costs. 4. Termination. Unless terminated as provided in Section 3 above, this Agreement shall remain in full force and effect until such time as: A. The Licensee files a request with the City that the sign be removed. B. This License is terminated by the City upon six (6) months advance written notice if, within the sole discretion of the City, the right-of-way/easement subject to this Agreement is necessary for its municipal primary use. C. Licensee's unresolved default of any of the terms of this Agreement. Upon termination of the License herein granted, the City shall remove any improvements and restore the area to the appropriate graded condition satisfactory to the City of Pasco Public Works Director. The Licensee shall be responsible for all costs. 5. Improvements. The City shall have sole responsibility for the construction, upkeep, maintenance, repair, and removal of any improvements at the licensee's cost subject to this Agreement. Prior written approval shall be required from the City for any installation, improvements, modifications or removal of any of the improvements upon the premises. The authorization herein granted shall not be exercised until a City permit authorizing the improvements has been issued by the City. The Licensee shall be responsible for all costs. 6. Acknowledgment. The Licensee acknowledges that this License is personal to the Licensee and may be terminated as provided above; constitutes permissive use of the right- of-away/easement and Licensee shall acquire no legal, or equitable interest in the real property of the City within the right-of-way/easement; Licensee's use is secondary to the primary municipal or other utility use of the right-of-way/easement and Licensee's improvements may Follow -Through Sign Right-of-Way/Encroachment License Agreement - 2 need to be temporarily or permanently removed, altered, relocated, and potentially damaged as a result of the City's municipal or other utility's use of the right-of-way/easement, and the costs of which shall be borne by the Licensee. 7. Indemnification. Licensee does hereby indemnify, defend, and hold harmless the City, its agents, employees, officers, and elected officials, for any loss, claims, damages, causes of action, assessments or penalties arising out of Licensee's construction and use of the improvements within the premises, including all attorney fees, costs of investigation, expert fees and costs of mediation. 8. Authorization. The permission and authority herein granted shall not be exercised until a City permit authorizing the sign has been issued by the City and upon the faithful observance and performance of all and singular conditions and provision of this license, and conditioned further to defend, indemnify, and save harmless the City of Pasco against all liabilities, judgments, costs, consequence of the permission given by this license, or which may accrue against, be charged to or recovered from said City from or by reasons or on account of any act or thing done or omitted or neglected to be done by the Licensee in and about the construction, reconstruction, maintenance, use and removal of improvements located in the right-of-way and the restoration of the City right-of-way as herein required. 9. General Provisions. For the purpose of this Agreement, time is of the essence. Should any dispute arise between the parties as a result of the breach, interpretation, or performance of this Agreement, venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall apply, and the prevailing party shall be awarded its attorney fees and costs against the other as an additional judgment. Except for actions for injunctive relief or specific performance, all other disputes shall be resolved by arbitration pursuant to RCW 7.04A, the Mandatory Rules of Arbitration (MAR), with all parties waiving the right of a jury trial upon de novo review, with the substantially prevailing party being awarded its reasonable attorney fees and costs against the other. DATED this day of 201 City of Pasco, Washington: By: Title: Dave Zabell, City Manager STATE OF WASHINGTON ) ss County of Franklin On this day personally appeared before me Dave Zabell City Manager of the City of Pasco, Washington, described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. Follow -Through Sign Right-of-Way/Encroachment License Agreement - 3 GIVEN under my hand and official seal this_ day of , 201 Notary Public in and for the State of Washington Residing at My Commission Expires Licensee: Ey: Address City/State/Zip Code STATE OF WASHINGTON ) ss County of Franklin On this day personally appeared before me , described in and who executed the within and foregoing instrument, and acknowledged that the/she signed the same as his/her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this _ day of 201 Notary Public in and for the State of Washington Residing at My Commission Expires Follow -Through Sign Right-of-Way/Encroachment License Agreement - 4 AGENDA REPORT FOR: City Council January 26, 2015 TO: Dave Zabell, City Manager Regular Mtg.: 2/2/15 Rick White, �' . r Community & Economic Development Director lv W FROM: David McDonald, City Planner SUBJECT: PRELIMINARY PLAT: Tierra Vida Division No 2 (MF# PP 2014-005) I. REFERENCE(S): L Preliminary Tierra Vida Division No. 2 — Overview Map 2. Preliminary Tierra Vida Division No. 2 — Vicinity Map 3. Preliminary Tierra Vida Division No. 2 — Proposed Resolution 4. Preliminary Tierra Vida Division No. 2 — Preliminary Plat 5. Preliminary Tierra Vida Division No. 2 — Report to the Planning Commission 6. Preliminary Tierra Vida Division No. 2 — Planning Commission Minutes: Dated 12/18/14 & 1/15/2015 H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 2/2: MOTION: I move to approve Resolution No.32 , approving the Preliminary Plat for Tierra Vida Division No. 2. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On December 18, 2014 and January 15, 2015, the Planning Commission conducted public hearings to develop a recommendation for the City Council on the preliminary plat for Tierra Vida Division No. 2. The. proposed plat is located north of the existing Tierra Vida subdivision on East "A" Street. B. Following the conduct of a public hearing, the Planning Commission determined that with conditions, the preliminary plat could be recommended for approval. The recommended conditions are contained in the attached resolution. C. No written appeal of the Planning Commission's recommendation has been received. 3(e) in Pdi 1�1lOWWG a '��� ( t ri I ` < 1 I` Af s.: RESOLUTION NO.-(3101,6' O.(3MS' A RESOLUTION APPROVING A PRELIMINARY PLAT FOR TIERRA VIDA DIVISION NO. 2. WHEREAS, RCW 58.17 enables the City to uniformly administer the process of subdividing property for the overall welfare of the community; and, WHEREAS, owners and developers of property situated in the southwest quarter of Section 27, Township 9 North, Range 30 East, W.M., have requested approval of a preliminary plat; and, WHEREAS, the Planning Commission has reviewed said preliminary plat which is named Madison Park Planned Density Development; and, WHEREAS, following a public hearing, the Planning Commission found the proposed plat promoted the general welfare of the community and recommended said preliminary plat be approved with conditions; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That the preliminary plat for Tierra Vida No. 2 located in the southwest quarter of Section 27, Township 9 North, Range 30 East W.M., is hereby approved with the following conditions: 1) At the time lots are developed, all abutting roads and utilities shall be installed to City standards as approved by the City Engineer. This includes, but is not limited to water, sewer and irrigation lines, streets, street lights and storm water retention. The handicapped accessible pedestrian ramps must be completed with the street and curb improvements prior to final plat approval. All proposed utilities must be installed underground by the developer at the developer's expense. 2) The developer/builder shall mitigate impacts to the Public School System by the "school impact fee" established by Ordinance at the time of issuance of building permits for homes. 3) The developer must comply with PMC 26.04.115(B) and PMC 3.07.160 dealing with water rights acquisition. 4) No utility vaults, pedestals, or other obstructions will be allowed at street intersections. 5) All corner lots and other lots that present difficulties for the placement of yard fencing shall be identified in the notes on the face of the final plat(s). 6) All storm water is to be disposed of per City and State codes and requirements. 7) The developer shall insure active and ongoing dust, weed and litter abatement activities occur during the construction of the subdivision and construction of dwellings thereon. 8) The developer shall prepare a dust, weed and erosion control plan to be approved by the City prior to approval of any construction drawings for the first phase of the subdivision. 9) The developer shall be responsible for the creation of record drawings. All record drawings shall be created in accordance with the requirements detailed in the Record Drawing Requirements and Procedure form provided by the Engineering Division. This form shall be signed by the developer prior to construction plan approval. 1 10) All engineering designs for infrastructure and final plat(s) drawings shall utilize the published City of Pasco Vertical Control Datum and shall be identified on each such submittal. 11) The final plat(s) shall contain a 10 -foot utility easement parallel to all streets unless otherwise required by the Franklin County PUD. 12) The final plat(s) shall contain the following Franklin County Public Utility District statement: "The individual or company making improvements on a lot or lots of this Plat is responsible for providing and installing all trench, conduit, primary vaults, secondary junction boxes, and backfill for the PUD's primary and secondary distribution system in accordance with PUD specifications; said individual or company will make full advance payment of line extension fees and will provide all necessary utility easements prior to PUD construction and/or connection of any electrical service to or within the plat". 13) Street lighting must be installed to the City of Pasco/Franklin County PUD standards and as directed by the City Engineer. Residential street lights are typically installed every 300 feet, and collector/arterial type street lights are typically installed every 150 feet. Street light positioning is alternating and is measured along the centerline of the road. 14) Prior to the City of Pasco accepting construction plans for review the developer must enter into a Storm Water Maintenance Agreement with the City. The developer will be responsible for obtaining the signatures of all parties required on the agreement and to have the agreement recorded with the Franklin County Auditor. The original signed and recorded copy of the agreement must be presented to the City of Pasco at the intake meeting for construction plans. 15) The developer will be required to conform to all conditions set forth in the Storm Water Maintenance Agreement including, but not limited to, regular cleaning and maintenance of all streets, gutters, catch basins and catch basin protection systems. Cleaning shall occur on a regular basis to ensure that no excess buildup of sand, trash, grass clippings, weeds or other debris occurs in any portion of the streets, gutters, or storm water collection facilities. Cleaning and upkeep of the streets, gutters, and storm water collection facilities must be to the satisfaction of the City Engineer. The developer will be responsible for operating and maintaining the storm drain system in accordance with the Storm Water Maintenance Agreement. 16) The developer will be required to comply with the City of Pasco Civil Plan Review process. 17) The developer shall install a common boundary wall/fence 8 feet in height along the north and eastern boundary of the plat including all of Lot 71 and along the west line of Lots 27, 28, 29, 41, 42, 43 and 44 Said fence must be an Estate type masonry wall/fence. Property owners of Lots containing said common estate fence shall be responsible for maintenance and upkeep of said fence. These fencing requirements shall be noted clearly on the face of all final plat(s). 18) The developer shall install a common Estate type masonry wall/fence 6 feet in height along the west line of Lots 1, 6, 7, 8 and 9. Property owners adjoining said fence shall be responsible for payment of all costs associated with maintenance and upkeep of said fence. These fencing requirements shall be noted clearly on the face of the final plat(s). 2 19) Property owners of said Lots adjoining the common estate fence shall be responsible for payment of all costs associated with maintenance and upkeep. These fencing requirements shall be noted clearly on the face of the final plat(s). 20) A detail of the common wall/fence required in # 17 and 18 shall be included on the construction drawing for the subdivision. 21) Primavera Drive must be connected to "A" Street in conjunction with the final phase of the plat either along the west boundary of the plat utilizing the unnamed western most street in the Washington Addition or by way of Helena Street and Sprague Street in the Washington Addition. Said street connection must be improved to meet all street and development standards as identified in Condition # I above. 22) The street right-of-way adjacent to the west line of Lots 6, 7, 8 and 9 must be improved to meet all street and development standards as identified in Condition # 1 above. Said street must be improved in conjunction with the final phase of the plat unless the developer has purchased the property to the west in the Washington Addition and redesigns said Addition such that the street is no longer needed. 23) The unused portion of the right-of-way along the western boundary of the plat, on the developer's side of the center line, shall be treated with crushed basalt or equal as approved by the City. 24) The developer/builder shall pay the City a Traffic mitigation fee of $250 per lot upon issuance of building permits for homes within the subdivision. 25) The developer shall improve the park site as shown on the preliminary plat. All construction plans, irrigation plans and park equipment must be reviewed and approved by the Parks Division prior to construction of the park. Park improvements include all right- of-way improvements on the adjoining street and pathways leading into the park. 26) A note shall be placed on the face of all final plats stating that the plat is adjacent to property zoned C-3 General Business and as such lots in this plat will periodically experience impacts of noise and dust associated with the operation of permitted uses such as potato/onion sheds, heavy equipment repair and similar uses. Passed by the City Council of the City of Pasco this 2nd day of February, 2015. Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney pp pp pp pp CS t3 gy^gy ��3. 4 ! fl 9 4 9 Sg $ • ig„� p� aQ ” §e „k_ by OQ ggg```Cl I I'I @e4E$ Hill ii FY4RCg�6_gpplpEN. gghg B y'`r iii II i if I k}y §E §e 4C �! s�. =gip �' .°�''• a '._ -- -- I "I ff Ull Isla it to it 11 '° to I 4S BVI fit Its .v°�R------ r---------------------- REPORT TO PLANNING COMMISSION MASTER FILE NO: PP 2014-005 APPLICANT: Roger Bairstow HEARING DATE: 12/18/2014 1111 Fish Hook Rd ACTION DATE: 1/ 15/2015 Prescott, WA 99348 BACKGROUND REQUEST: Preliminary Plat: Tierra Vida Division No. Two 1. PROPERTY DESCRIPTION: Legal: The NW quarter of the SW quarter of Section 27, T9N, R30E W.M. and a portion of the S half of the SW quarter of said Section 27 all contained in Tax Parcel Numbers 113730099 and 113730471. General Location: North of Tierra Vida Lane Property Size: 27.42 Acres Number of Lots Proposed: 86 lots Square Footage Range of Lots: 7,216 ft2 to 12,887 ft2 Average Lot Square Footage: 8,727 ft2 2. ACCESS: The property has access from Tierra Vida Drive and Ventura Drive. 3. UTILITIES: Utilities exist in the original Tierra Vida to the south. 4. LAND USE AND ZONING: The site is zoned R-1. Surrounding properties are zoned and developed as follows: NORTH: C-3- Vacant SOUTH: R-1 - Residential EAST: C-3 - Pasco Flea market WEST RT & C-3 -Vacant land Auto Impound Yard S. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for low-density residential development. Policy H -1-E encourages the advancement of home ownership and Goal H-2 suggests the City strive to maintain a variety of housing options for residents of the community. Goal LU -2 encourages the maintenance of established neighborhoods and the creation of new neighborhoods that are safe and enjoyable places to live. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the 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 proposed plat contains 27.42 acres of land that are currently zoned R-1 which permits the development of single-family homes. The parcel was previously included within the preliminary plat for the original Tierra Vida subdivision that received preliminary plat approval in early 2004. One hundred and thirty-eight lots of the original 200 plus lot subdivision have been built. The preliminary plat approval period has now expired requiring the developer to submit a new preliminary plat for approval on the remaining lots to be developed. The remaining undeveloped portion of the Tierra Vida development contains 86 lots and a five acre park site. The original plat approval conditions required the developer to fully construct the neighborhood park and equip it with playground equipment prior to deeding it to the City. Because builders within Tierra Vida did not pay the park impact fee the developer should continue to be held to the requirement of completing the park improvements. The original plat approval conditions also required the developer to install an 8 - foot block wall along those areas of the plat that abutted more intense land uses such as the auto wrecking yard and the Flea market. The walls were deemed necessary to provide protection to the residents of the future homes from the noise and unsightly conditions associated with the wrecking yard, impound yard, Flea market and other heavy commercial/industrial activities around the property. The original Tierra Vida development was approved with Tierra Vida Lane extending north to East Lewis Place providing a connection between East "A" Street and East Lewis Place. After the construction of the first few phases of the development residents in the new homes began experiences difficulties with Flea market traffic parking in the neighborhood to access the Flea market. The applicant recently met with staff on this matter and expressed concern about opening the Tierra Vida neighborhood up to additional impacts of Flea market traffic by connecting Tierra Vida Lane to East Lewis Place. The new entrance to the Pasco Flea market is less than 400 feet from where Tierra Vida Lane would connect to East Lewis Place. To maintain a third access point into subdivision the City Engineer agreed that the Primavera Drive connection to Helena Street would suffice. Helena Street is a platted street (unimproved currently) that connects to Heritage Boulevard. As a part of the approval process for the original Tierra Vida plat the developer was to connect Primavera Drive to "A" Street by way of an unnamed street in the Washington Addition directly west of the Tierra Vida subdivision. This connection was to be completed prior to the final phase of the development. That condition should be retained for approval of the current preliminary plat. The third connection to "A" street is needed 2 now because it will be a number of years before Helena Street will be built out to Heritage Boulevard. LOT LAYOUT: The proposed plat contains 86 lots; with the lots varying in size from 7,216 to 12,887 square feet. The average lot size is 8,727 square feet. RIGHTS-OF-WAY: All lots have adequate frontage on streets which will be dedicated. UTILITIES: The developer will be responsible for extending utilities into the plat. A utility easement will be needed along the first 10 feet of street frontage of all lots. The final location and width of the easements will be determined during the construction design phase of the platting process. The front yard setbacks for construction purposes are larger than the requested easements; therefore the front yard easements will not encroach upon the buildable portions of the lots. The City Engineer will determine the specific placement of fire hydrants and streetlights when construction plans are submitted. As a general rule, fire hydrants are located at street intersections and with a maximum interval of 500 feet between hydrants on alternating sides of the street. Streetlights are located at street intersections, with a maximum interval of 300 feet on residential streets, and with a maximum interval of 150 feet on arterial streets. The intervals for street light placements are measure along the centerline of the road. Street lights are placed on alternating sides of the street. STREET NAMES: Streets within the plat will all be named prior to final platting. The Street with the name of Ventura Drive will need to be changed to avoid a conflict with a street with a similar name elsewhere in the City. IRRIGATION: The proposed plat is located in a part of the City that does not have access to the City's irrigation system. WATER RIGHTS: The assignment of water rights or a payment of a fee in lieu thereof is a requirement for final plat approval per Pasco Municipal Code Section 26.04.115(B) and Section 3.07.160. In this case there are no water rights to deed to the City as a result the current fee will be required before a final plat is approved. FINDINGS OF FACT State law (RCW 58.17. 110) and the Pasco Municipal Code require the Planning Commission to develop Findings of Fact as to how this proposed subdivision 3 will protect and enhance the health, safety and general welfare of the community. The following is a listing of proposed "Findings of Fact": Prevent Overcrowding: With an average lot size of 8,727 square feet the proposed development will address the overcrowding concern by providing manageable lots and usable open spaces. R-1 zoning requires a 20 foot front yard setback, five foot side yard setbacks and a rear yard equal to or greater than the height of the house. Parks Opens Space/Schools: The original preliminary plat for Tierra Vida was approved with a 5 acre park site. That park site is within the boundaries of the proposed Tierra Vida No. Two. The park will be improved by the developer with the construction of the infrastructure for the plat. Two elementary schools (Whittier & Robinson) are located within two miles from the site. Ochoa Middle School is also just over two miles from the proposed plat. A third elementary school to be located north of Highland Park is under construction. The owner/developer of each lot will be required to pay the current park impact fee at prior to receiving a building permit. The City is required by RCW 58.17.110 to make a finding that adequate provisions are being made to ameliorate the impacts of the proposed subdivision on the School District. At the request of the School District the City enacted a school impact fee in 2012. The imposition of this impact fee addresses the requirement to ensure there are adequate provisions for schools. Effective Land Use/Orderly Development: The plat is laid out for low-density residential development consistent with the original preliminary plat. The proposed plat layout provides for the orderly completion of the Tierra Vida development. Safe Travel & Walking Conditions: The Plat will connect to the community through the existing network of streets. Sidewalks are installed at the time homes are built on individual lots. The sidewalks will be constructed to current City standards and to the standards of the American's with Disabilities Act (ADA). The ADA ramps at the corners of each intersection will be installed with the construction of the road improvements. Adequate Provision of Municipal Services: All lots within the plat will be provided with water, sewer and other utilities. Provision of Housing for State Residents: The proposed preliminary plat contains 86 building lots, providing opportunities for the construction of 86new homes for Pasco residents. 4 Adequate Air and Light: The maximum lot coverage limitation of 60 percent and building setbacks will assure that adequate movement of air and light is available to each lot. Proper Access & Travel: The access streets will be paved and developed to City standards to assure that proper access is maintained to each lot. (The discussion under safe travel above applies to this section also.) Comprehensive Plan Policies & Maps: The Comprehensive Plan designates the plat site for mixed -residential development. Policies of the Comprehensive Plan suggest the City strive to maintain a variety of housing for residents. Other Findings: • The site is within the Pasco Urban Growth Area Boundary. • The State Growth Management Act requires urban growth and urban densities to occur within Urban Growth Boundaries. • The Comprehensive Plan identifies the site for residential development. • The site was zoned R-1 in 2003. • The site covered by the proposed preliminary plat was part of the original Tierra Vida preliminary plat approved by the City in 2004. • The approval period for the original Tierra Vida plat has expired. • The original Tierra Vida preliminary plat contained a five acre neighborhood park. That park site is located in the proposed preliminary plat for Tierra Vida No. Two. • The approval conditions for the original Tierra Vida plat required the developer to fully develop the park site prior to deeding the park to the City. • RCW 58.17.110 requires the City to make a finding that adequate provisions have been made for schools before any preliminary plat is approved. • The City of Pasco has adopted a school impact fee ordinance compelling new housing developments to provide the School District with mitigation fees. The fee was effective April 16, 2012. • Past correspondence from the Pasco School District indicates impact fees address the requirement to ensure adequate provisions are made for schools. • There are no water rights associated with this plat therefor a payment in lieu of dedication of water rights will be required to receive final plat approval. • No park impact fees will be required at the time of issuance of building permits because the developer will be require build the park. E • Resolution No. 3078 requires subdivision boundary fences to be constructed of architectural concrete block or of poured concrete panels. • Portions of the proposed plat are located adjacent to the Pasco Flea market and an auto impound yard used to store damaged and wrecked vehicles. A portion of the proposed plat also borders an auto wrecking yard. • The original Tierra Vida plat was approved with a condition requiring 8 - foot block walls adjacent to the Flea market property and the auto impound and auto wrecking properties. The Flea market has expanded since 2004 and the wrecking yard and impound yard are still in operation. • The Washington Addition is located directly to the west of the Tierra Vida development and contains plat street right-of-way that may be utilized to provide a third access point into the subdivision. CONCLUSIONS BASED ON THE FINDINGS OF FACT Before recommending approval or denial of the proposed Plat the Planning Commission must develop Findings of Fact from which to draw its conclusion (P.M.C. 26.24.070) therefrom as to whether or not: (1) Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, transit stops, schools and school grounds, sidewalks for safe walking conditions for students and other public needs; The proposed plat will be required to develop under the standards of the Pasco Municipal Code and the standard specifications of the City Engineering Division. These standards for streets, sidewalks, and other infrastructure improvements were designed to ensure the public health, safety and general welfare of the community are secured. These standards include provisions for streets, drainage, water and sewer service and the provision for dedication of right-of-way. The preliminary plat was forwarded to the Franklin County PUD, the Pasco School District, Cascade Gas, Charter Cable and Ben -Franklin Transit Authority for review and comment. The PUD requested easements along the front of all lots for utility service. Based on the School Districts Capital Facilities Plan the City collects school mitigation fees for each new dwelling unit. The fee is paid at the time of building permit issuance. The school impact fee addresses the requirements of RCW 58.17.110. The general welfare of the community and future residents of the proposed subdivision would be served by ensuring a common boundary masonry fence be installed along the northern, western and eastern boundary of the plat. This common boundary fence will insulate the subdivision from the more intense, noisy and unsightly activities on adjoining properties. (2) The proposed subdivision contributes to the orderly development and land use patterns in the area; The proposed plat makes efficient use of vacant land and will provide for additional housing and a neighborhood park. (3) The proposed subdivision conforms to the policies, maps and narrative text of the Comprehensive Plan; The Comprehensive Plan land use map designates the site for low-density residential development. Single-family homes are identified in the Comprehensive Plan as a permitted land use in this location. Plan Goal H-2 suggests the City strive to maintain a variety of housing options for residents of the community while Plan Policy H -1-B supports the protection and enhancement of the established character of viable residential neighborhoods. (4) The proposed subdivision conforms to the general purposes of any applicable policies or plans which have been adopted by the City Council; Development plans and policies have been adopted by the City Council in the form of the Comprehensive Plan. The proposed subdivision conforms to the policies, maps and narrative text of the Plan as noted in number three above. (5) The proposed subdivision conforms to the general purposes of the subdivision regulations. The general purposes of the subdivision regulations have been enumerated and discussed in the staff analysis and Findings of Fact. The Findings of Fact indicate the subdivision is in conformance with the general purposes of the subdivision regulations provided certain mitigation measures (i.e. school impact fees, park development and boundary fence construction) are included in approval conditions. (6) The public use and interest will be served by approval of the proposed subdivision. If approved the proposed plat will be developed in accordance with all City standards designed to insure the health, safety and general welfare of the community are met. The Comprehensive Plan will be implemented through development of this Plat. These factors will insure the public use and interest are served. PLAT APPROVAL CONDITIONS 1. At the time lots are developed, all abutting roads and utilities shall be installed to City standards as approved by the City Engineer. This includes, but is not limited to water, sewer and irrigation lines, streets, street lights and storm water retention. The handicapped accessible pedestrian ramps must be completed with the street and curb improvements prior to final plat approval. All proposed utilities must be installed underground by the developer at the developer's expense. 2. The developer/ builder shall mitigate impacts to the Public School System by the "school impact fee" established by Ordinance at the time of issuance of building permits for homes. 3. The developer must comply with PMC 26.04.115(B) and PMC 3.07.160 dealing with water rights acquisition. 4. No utility vaults, pedestals, or other obstructions will be allowed at street intersections. 5. All corner lots and other lots that present difficulties for the placement of yard fencing shall be identified in the notes on the face of the final plat(s). 6. All storm water is to be disposed of per City and State codes and requirements. 7. The developer shall insure active and ongoing dust, weed and litter abatement activities occur during the construction of the subdivision and construction of dwellings thereon. 8. The developer shall prepare a dust, weed and erosion control plan to be approved by the City prior to approval of any construction drawings for the first phase of the subdivision. 9. The developer shall be responsible for the creation of record drawings. All record drawings shall be created in accordance with the requirements detailed in the Record Drawing Requirements and Procedure form provided by the Engineering Division. This form shall be signed by the developer prior to construction plan approval. 10. All engineering designs for infrastructure and final plat(s) drawings shall utilize the published City of Pasco Vertical Control Datum and shall be identified on each such submittal. 11. The final plat(s) shall contain a 10 -foot utility easement parallel to all streets unless otherwise required by the Franklin County PUD. 12. The final plat(s) shall contain the following Franklin County Public Utility District statement: "The individual or company making improvements on a lot or lots of this Plat is responsible for providing and installing all trench, conduit, primary vaults, secondary junction boxes, and backfill for the 8 PUD's primary and secondary distribution system in accordance with PUD specifications; said individual or company will make full advance payment of line extension fees and will provide all necessary utility easements prior to PUD construction and/or connection of any electrical service to or within the plat". 13. Street lighting must be installed to the City of Pasco/Franklin County PUD standards and as directed by the City Engineer. Residential street lights are typically installed every 300 feet, and collector/ arterial type street lights are typically installed every 150 feet. Street light positioning is alternating and is measured along the centerline of the road. 14. Prior to the City of Pasco accepting construction plans for review the developer must enter into a Storm Water Maintenance Agreement with the City. The developer will be responsible for obtaining the signatures of all parties required on the agreement and to have the agreement recorded with the Franklin County Auditor. The original signed and recorded copy of the agreement must be presented to the City of Pasco at the intake meeting for construction plans. 15. The developer will be required to conform to all conditions set forth in the Storm Water Maintenance Agreement including, but not limited to, regular cleaning and maintenance of all streets, gutters, catch basins and catch basin protection systems. Cleaning shall occur on a regular basis to ensure that no excess buildup of sand, trash, grass clippings, weeds or other debris occurs in any portion of the streets, gutters, or storm water collection facilities. Cleaning and upkeep of the streets, gutters, and storm water collection facilities must be to the satisfaction of the City Engineer. The developer will be responsible for operating and maintaining the storm drain system in accordance with the Storm Water Maintenance Agreement. 16. The developer will be required to comply with the City of Pasco Civil Plan Review process. 17. The developer shall install a common boundary wall/fence 8 feet in height along the north and eastern boundary of the plat including all of Lot 71 and along the west line of Lots 27, 28, 29, 41, 42, 43 and 44 Said fence must be an Estate type masonry wall/fence. Property owners of Lots containing said common estate fence shall be responsible for maintenance and upkeep of said fence. These fencing requirements shall be noted clearly on the face of all final plat(s). 18. The developer shall install a common Estate type masonry wall/fence 6 feet in height along the west line of Lots 1, 6, 7, 8 and 9. Property owners adjoining said fence shall be responsible for payment of all costs associated with maintenance and upkeep of said fence. These fencing requirements shall be noted clearly on the face of the final plat(s). 19. Property owners of said Lots adjoining the common estate fence shall be responsible for payment of all costs associated with maintenance and upkeep. These fencing requirements shall be noted clearly on the face of the final plat(s). 20. A detail of the common wall/fence required in # 17 and 18 shall be included on the construction drawing for the subdivision. 21. Primavera Drive must be connected to "A" Street in conjunction with the final phase of the plat either along the west boundary of the plat utilizing the unnamed western most street in the Washington Addition or by way of Helena Street and Sprague Street in the Washington Addition. Said street connection must be improved to meet all street and development standards as identified in Condition # 1 above. 22. The street right-of-way adjacent to the west line of Lots 6, 7, 8 and 9 must be improved to meet all street and development standards as identified in Condition # 1 above. Said street must be improved in conjunction with the final phase of the plat unless the developer has purchased the property to the west in the Washington Addition and redesigns said Addition such that the street is no longer needed. 23. The unused portion of the right-of-way along the western boundary of the plat, on the developer's side of the center line, shall be treated with crushed basalt or equal as approved by the City. 24. The developer/ builder shall pay the City a Traffic mitigation fee of $250 per lot upon issuance of building permits for homes within the subdivision. 25. The developer shall improve the park site as shown on the preliminary plat. All construction plans, irrigation plans and park equipment must be reviewed and approved by the Parks Division prior to construction of the park. Park improvements include all right-of-way improvements on the adjoining street and pathways leading into the park. 26. A note shall be placed on the face of all final plats stating that the plat is adjacent to property zoned C-3 General Business and as such lots in this plat will periodically experience impacts of noise and dust associated with the operation of permitted uses such as potato/onion sheds, heavy equipment repair and similar uses. RECOMMENDATION MOTION: I move to adopt Findings of Fact and Conclusions therefrom as contained in the January 15, 2015 staff report. MOTION: I move based on the Findings of Fact and Conclusions, as adopted, the Planning Commission recommend the City Council approve the Preliminary Plat for Tierra Vida Division No. Two with conditions as listed in the January 15, 2015 staff report. 10 �yg»/\:� ® n s.'�,, M1 eAs � ,�. # -.. �n �' M1 i � A,�� t�;:; � �� ��� t �x ��* } ''Y � ��. '� � � w� k �.. '�/, r 1 �A �<< F v`, #� � � iL " 1 Z, ��� f 1� i i }g. _ rl. n-. �N Ir FR 5� �S.>� h�' ... v 7 -11 a PLANNING COMMISSION MINUTES 12/18/14 C. Preliminary Plat Preliminary Plat - Chairman Cruz read the master file number and asked for comments from staff. David McDonald, City Planner, discussed the preliminary plat application for Tierra Vida, Division 2. This application is to renew a plat that was approved in 2004, which has now expired. The original plat was approved with slightly over 200 lots. The northern portion of the original plat still needs to be completed. This area contains a neighborhood park and about 86 lots. When the plat was originally viewed by the Planning Commission there were several conditions that should be carried over to this approval. Mr. McDonald briefly discussed the conditions. Roger Bairstow, 1111 Fish Hook Road, Prescott, WA spoke on behalf of his application. He supports the conditions and pointed out that the only change since the previously approved preliminary plat is the modified entrance and exit to help with traffic and safety concerns from the Pasco Flea Market. With no further comments the public hearing closed. Commissioner Kempf moved, seconded by Commissioner Portugal, to continue the public hearing on the proposed preliminary plat to the January 15, 2015 meeting. The motion passed unanimously. PLANNING COMMISSION MINUTES 1/15/15 C. Preliminary Plat Preliminary Plat - Tierra Vida Division No 2 (Roger Bairstow) IMF# PP 2014-0051 Chairman Cruz read the master file number and asked for comments from staff. David McDonald, City Planner, discussed the preliminary plat for Tierra Vida, Division No. 2. This was a continuation of the previous month's public hearing to allow more time for public comment on the proposed plat. Tierra Vida was initially approved several years ago and the preliminary plat approval has expired. The applicant wishes to renew the plat to finish the project. The conditions attached to the staff report are similar to the conditions contained in the first plat approval. Since the previous public hearing, there has been one slight change to recommended condition #22, essentially making it consistent with condition #21, relating to the development of additional streets outside of the boundary of the plat. Those changes have been reviewed by the applicant and staff. Adan Suarez, 3525 East "A" Street, spoke as a representative of Tierra Vida. He clarified the revised condition, stating that the work will be completed in stages. Commissioner Cruz asked if that is consistent the City's expectations. Mr. McDonald responded that it does. The developer is looking to expand the residential development to adjacent properties to the west, and if purchased, they will realign the subdivision and there won't be a need for the road immediately to the west of the subdivision. This is what condition #21 and condition #22 relate to in the staff report. With no further comments the public hearing closed Commissioner Greenaway moved, seconded by Commissioner Portugal, to adopt the findings of fact and conclusions therefore contained in the January 15, 2015 staff report. The motion passed unanimously. Commissioner Greenaway moved, seconded by Commissioner Portugal, based on the finding of fact and conclusions as adopted the Planning Commission recommend the City Council approve the preliminary plat for Tierra Vida Division No. 2 with conditions as listed in the January 15, 2015 staff report. The motion passed unanimously. AGENDA REPORT FOR: City Council January 26, 2015 TO: Dave Zabell, City ManagerRegular Mtg.: 2/2/15 Rick White, 0 Community & Economic Development Dire FROM: FROM: David I. McDonald, City Planner SUBJECT: STREET VACATION• Portion of Road 60 (MF# VAC 2014-0091 I. REFERENCE(S): 1. Street Vacation, Portion of Road 60 - Overview Map 2. Street Vacation, Portion of Road 60 - Vicinity Map 3. Street Vacation, Portion of Road 60 - Proposed Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Conduct Public Hearing: 2/2: MOTION: I move to adopt Ordinance No. an ordinance vacating the east 15 feet of Road 60 south of Sylvester Street, and further, authorize publication by summary only. III. FISCAL IMPACT: NONE IV. V. HISTORY AND FACTS BRIEF: A. The owner of the property at 5920 West Sylvester Street petitioned for vacation of the east 15 feet of Road 60 south of Sylvester Street. B. Council set February 2, 2015 as the date to consider the vacation. DISCUSSION: A. Road 60 south of Sylvester Street is unimproved except for a pathway that provides public access to the Columbia River. The proposed vacation will not diminish public access to the river. B. The retention of an easement will not be needed in this case because there are no utilities in the Road 60 right-of-way south of Sylvester Street. 7(a) WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3rd Pasco, WA 99301 ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF ROAD 60. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate right-of-way; and WHEREAS, all steps and procedures required by law to vacate said right-of-way have been duly taken and performed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That the east 15 feet of Road 60 lying south of Sylvester Street, as depicted in Exhibit "1" be and the same is hereby vacated. Section 2. 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 2nd day of February, 2015. Matt Watkins Mayor ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney City Attorney Exhibit M SYLVESTERST Item: ROW Vacation Applicant: Bill Decker File #: VAC2014-009 295' AGENDA REPORT FOR: City Council January 26, 2015 TO: Dave Zabell, City Manager Regular Mtg.: 2/2/15 Rick White, �jj Community & Economic Development Director �W FROM: David I. McDonald, City Planner SUBJECT: EASEMENT VACATION Lots 6 & 7 Columbia East # 2 (MF# VAC 2014-010) I. REFERENCE(S): 1. Easement Vacation, Lots 6 & 7, Columbia East # 2 - Overview Map 2. Easement Vacation, Lots 6 & 7, Columbia East # 2 - Vicinity Map 3. Easement Vacation, Lots 6 & 7, Columbia East # 2 - Proposed Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Conduct Public Hearing: 2/2: MOTION: I move to adopt Ordinance No. , an ordinance vacating the utility easement between Lots 6 and 7, Columbia East # 2, and further, authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. When the Columbia East # 2 subdivision was developed in 1974 a utility easement was established between Lots 6 and 7 to provide for a future utility connection from Commercial Avenue to the west side of Highway 395. In 1993 Lots 6 and 7 were sold to Jim's Pacific Garage with a statement in the purchase and sales agreement indicating the City would vacate the utility easement. A replacement easement was provided on the southerly boundary of Lot 7 but the original easement was never vacated. In 1993 the City issued a building permit for the Jim's Pacific Garage building on top of the easement. B. To correct the problem of a building being located on an easement the Council set February 2, 2015 as the date for a hearing to consider vacating of the easement. V. DISCUSSION: A. The issue of a building being located on a utility easement was recently discovered as the result of a permit application for another structure on the Jim's Pacific Garage property. With the replacement easement (discussed in "A" above) located completely on Lot 7 there is no longer a need for the original easement. 7(b) Overview Item: Easement Vacation Map Applicant: City of Pasco x File #: VAC2014-010 AO j w Item: Easement Vacation Applicant: City of Pasco File #: VAC2014-010 A o - e+ 1 44 71, f4 4 lfi Y� a p v rh �A WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3rd Pasco, WA 99301 ORDINANCE NO. AN ORDINANCE VACATING THE UTILITY EASEMENT BETWEEN LOTS 6 AND 7, COLUMBIA EAST # 2. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate right-of-way; and WHEREAS, all steps and procedures required by law to vacate said right-of-way have been duly taken and performed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That the 20 foot utility easement centered on the boundary line between Lots 6 and 7, Columbia East # 2, except the westerly 20 feet, as depicted in Exhibit "1" be and the same is hereby vacated. Section 2. 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 2nd day of February, 2015. Matt Watkins Mayor ATTEST: Debra L. Clark, APPROVED AS TO FORM: Leland B. Kerr, City Attorney Exhibit Item: Easement Vacation #1 Applicant: City 0f Pasc® File #: VAC2014-010 SITE 0 e AGENDA REPORT FOR: City Council January 27, 2015 TO: Dave Zabell, City Manager Regular Mtg.: 2/2/15 Rick White, Community & Economic Development Director � VJ FROM: David I. McDonald, City Planner SUBJECT: STREET VACATION: Portion of Colorado Ave (MF# VAC 2014-008) I. REFERENCE(S): 1. Street Vacation, Portion of Colorado Ave - Overview Map 2. Street Vacation, Portion of Colorado Ave - Vicinity Map 3. Street Vacation, Portion of Colorado Ave - Proposed Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Conduct Public Hearing: 2/2: MOTION: I move to adopt Ordinance No. , an ordinance vacating a portion of Colorado Avenue, and further, authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The owners of property in Blocks 22 and 23 of the Freys Addition petitioned for the vacation of Colorado Avenue adjacent to their property. The vacation is being requested to help with site planning and development for a new building. B. Council set February 2, 2015 as the date to consider the vacation. V. DISCUSSION: A. Colorado Avenue is undeveloped and has been identified in the Oregon Avenue Circulation Plan for vacation. B. The retention of an easement will not be needed in this case because there are no utilities in the Colorado Avenue right-of-way. 7(c) Overview Item: ROW Vacation Map Applicant: Arturo Nunez N File #: VAC2014-008 FEq x s.. 1 -� � Y 'M 'hiX� A6 * Y •iM}aY Y_ r� Y -r" a•. fir. �° � �; � _ Am 7-7 S i ,YD4 t y F. 1 I 4 k \Y } yC J� Y � i' - r� -. .- i , �' .,. �- � �' l�.� _ �, � 4� � � t�� �� � i ✓�. ��� ,_ .�- � � � �� �� � i ✓�. ��� ,_ .�- WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3'd Pasco, WA 99301 ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF COLORADO AVENUE. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate right-of-way; and WHEREAS, all steps and procedures required by law to vacate said right-of-way have been duly taken and performed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Colorado Avenue lying between the south right-of-way line of East Pueblo Street and the north right-of-way line of East Salt Lake Street, as depicted in Exhibit "1" be and the same is hereby vacated. Section 2. 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 2nd day of February, 2015. Matt Watkins Mayor ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney Exhibit Item: ROW Vacation #1 Applicant: Arturo Nunez File #: VAC2014-008 91S SALE AGENDA REPORT FOR: City Council January 27, 2015 TO: Dave Zabell, City Manager4� Regular Mtg.: 2/2/15 Rick White, r Community & Economic Development Director I,, `1' FROM: Dave McDonald, City Planner SUBJECT: REZONE: Adams Pronertv—Northwest corner of I-182 and Broadmoor Blvd from RT to C-1 (MF# Z2014-009) I. REFERENCE(S): 1. Rezone, Adams Property - Vicinity Map 2. Rezone, Adams Property - Proposed Ordinance 3. Rezone, Adams Property - Report to the Planning Commission 4. Rezone, Adams Property -Planning Commission Minutes: Dated 12/18/14 & 1/15/15 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 2/2: MOTION: I move to adopt Ordinance No. , rezoning property located in the Northwest corner of I-182 and Broadmoor Blvd from RT to C-1, and further, authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On December 18, 2014 the Planning Commission conducted a public hearing to determine whether or not to recommend rezoning 145 acres in the Northwest corner of I-182 and Broadmoor Blvd from RT to C-1. 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(a) FPI V-�-7,i �, ORDINANCE NO. AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE ZONING CLASSIFICATION OF PROPERTY LOCATED IN THE NORTHWEST CORNER OF I-182 AND BROADMOOR BLVD FROM RT (RESIDENTIAL TRANSITION) TO C-1 (RETAIL BUSINESS) 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, FOLLOWS: THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS 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 RT (Residential Transition) to C-1 (Retail Business) for the real property as shown in the Exhibit "1" attached hereto and described as follows: That portion of the SE 1/4 of Section 7, T 9 N, R 29 E, W. M. laying northerly of Highway I- 182, Except the right-of-way for Harris Rd. and Broadmoor Blvd., together with the southerly 1,080 feet of the NE 1/4 of said Section 7; Containing 147 acres more or less; 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 2nd day of February, 2015. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney REPORT TO PLANNING COMMISSION MASTER FILE NO: Z 2014-009 APPLICANT: Dale Adams HEARING DATE: 12/18/2014 907 Eagle Ridge Dr. ACTION DATE: 1/15/2015 Danville, CA 94506 BACKGROUND REQUEST: REZONE: Rezone from RT (Residential Transition) to C-1 (Retail Business) 1. PROPERTY DESCRIPTION: Leal: That portion of the SE 1/4 of Section 7, T 9 N, R 29 E, W. M. laying northerly of Highway I-182, Except the right-of-way for Harris Rd. and Broadmoor Blvd., together with the southerly 1,080 feet of the NE 1/4 of said Section 7. General Location: Northwest corner of I-182 and Broadmoor Blvd. Property Size: 145 acres. 2. ACCESS: The site is accessible from Harris Road and Broadmoor Boulevard. 3. UTILITIES: Water and sewer lines are located at the intersection of Sandifur Parkway and Broadmoor Boulevard. A water line is also located in Harris Road. The Sewer Comprehensive Plan calls for a major sewer trunk line to be located on the western boundary of the proposed rezone site. 4. LAND USE AND ZONING: The site is currently zoned RT (Residential Transition) and is vacant. Surrounding properties are zoned and developed as follows: NORTH: RT - Vacant SOUTH: C-1 & R-4 - Vacant/ Broadmoor Apartments EAST: C-1 - Delta High School/Motel/Offices WEST: RT - Central Pre -Mix (American Rock) Gravel Pit 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for commercial development. Those portions of the community designated for commercial development by the Comprehensive Plan could be zone "O", C-1, C-2, C-3 CR and BP. Land Use Goal ED -2 encourages the appropriate location and design of commercial facilities within the City. ED -2-13 encourages the development of a wide range of commercial 1 uses strategically located to support local and regional needs. LU -4-A suggests commercial facilities should be located near major street intersection to leverage the use of major infrastructure and to reduce commercial sprawl. 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 Mitigated Determination of Non -Significance (DNS) has been issued for this project under WAC 197-11-158. ANALYSIS The applicant is seeking to rezone his property from RT (Residential Transition) to C-1 (Retail Business) consistent with the Comprehensive Plan designation for the property. Under the current Comprehensive Plan land use designation of commercial the property could be zoned for "O", C-1, C-2, C-3, CR, and BP zoning (C-2 zoning is only for the Central Business District). The specific zoning designation for the site is to be determined through the hearing process taking into consideration the site location, general purposes of each zoning district, street network and surrounding uses. The foregoing considerations should be factored into the rezone review criteria required by PMC 25.88.030. The site was originally annexed to the City in 1982 as part of the "Northwest Annexation Area". The 1980 Comprehensive Plan designated property around the future I-182/Road 100 Interchange for commercial land uses. A portion of the Adams property was also set aside for future high density residential uses. In the early 1990's following several hearings the Comprehensive Plan was modified to increase the amount of commercial land at the northwest corner of the I-182/Road 100 Interchange. In 2009 the Broadmoor Concept Plan again increased the amount of land set aside for commercial development. About 145 acres of the Adams property is now designated for commercial uses. Upon annexation in 1982 the Adams property was zoned RT. The RT zone is typically used as a holding zoning for areas that lack utility services. As utilities and infrastructure become available RT zoned properties are then zoned to match the land use designations of the comprehensive Plan. The site has remained undeveloped for the past 32 years. Broadmoor Boulevard (Rd100) now extends north of the freeway to Dent Road. Utility lines have been installed in surrounding streets and commercial and residential development has occurred on the east side of Broadmoor Boulevard. Sandifur Parkway and the Sandifur Parkway traffic signal were designed and 2 constructed to facilitate the extension of Sandifur Parkway to the west through the center of the proposed rezone site. The purpose of the C-1 District is to provide for commercial uses outside the central business district that meet the retail shopping and service needs of the community. Typically C-1 zoning permits the location of a variety of indoor retail businesses including retail shops, offices and restaurants. Businesses that have located along Road 68 provide a good example of the range of uses permitted in the C-1 District. The C-1 District permits activities that are less intense than uses permitted in the C-3 or C-R zones. 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 date the existing zone became effective: The current zoning classification was established in 1982 when the property was annexed to the City. 2. The changed conditions, which are alleged to warrant other or additional zoning: The' site was originally zoned RT prior to the completion of the I-182 freeway. Significant changes have taken place over the past 32 years that have positioned the site for eventual commercial development. Road 100 has been extended north from the freeway to Dent Road. Sandifur Parkway been constructed connecting Road 100 to Road 68. Water and sewer utilities have been installed near the site and a one million gallon water tank was constructed on Broadmoor Boulevard in 1997. Three thousand five hundred dwelling units have been built west of Road 68 on either side of I-182 in the past 14 years. The Road 100 Interchange was enlarged in 2009 to increase its carrying capacity. The property has been included in seven land use or traffic studies that have identified or consider the property in question as a site for future commercial development. 3. Facts to justify the change on the basis of advancing the public health, safety and general welfare: Rezoning the property will support past public and private efforts and expenditures to position the property for commercial development. By expanding opportunities for commercial development the city will be expanding employment opportunities and the tax base thereby advancing the general welfare of the community. 4. The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: 3 The Comprehensive Plan designates the site for commercial development. Policies (ED -2-B) of the plan encourage the development of a wide range of commercial uses strategically located within the community to support local and regional needs. The site is centrally located within the region to encourage regional commercial development Development of a regional type commercial facility on the site may have a positive impact on surround properties in that it may be a catalase for commercial development on adjacent properties. . 5. The effect on the property owner or owners if the request is not granted: Without the rezone the property will remain inconsistent with the land use designations of the Comprehensive Plan and past planning efforts by both the applicant and the City will be for naught. INITIAL 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 vacant and has been since it was annexed to the City in 1982 farmed. 2. The site contains 145 acres. 3. The site is currently zoned RT (Residential Transition) and has been since 1982. 4. The Comprehensive Plan designates the site for commercial development. 5. The Growth Management Act requires zoning to be consistent with the Comprehensive Plan. 6. The commercial designation within the Comprehensive Plan could permit the following types of commercial zoning: "O", C-1, C-2, C-3, CR and BP (C-2 is limited to the Central Business District). 7. The rezone request is for C-1 (Retail Business) zoning. 8. C-1 zoning permits the development of a variety of indoor type retail businesses, offices and restaurants. 9. The Adams property on the south side of I-182 is zoned C-1. 13 10. The Road 100 Interchange is located in the geographic center of the Tri - Cities region. 11. In 2009 the I-182/Road 100 Interchange was enlarged to increase the carrying capacity of the interchange. 12. Broadmoor Boulevard was extended north from the freeway to Dent Road three years ago. 13. The property has been included in seven land use or traffic studies that have identified or considered the property in question as a site for future commercial development. 14. Sandifur Parkway and the Sandifur Parkway traffic signal were designed and constructed to facilitate the extension of Sandifur Parkway to the west through the center of the proposed rezone site. 15. In 1997 a one million gallon water tank was constructed on Broadmoor Boulevard about 750 feet north of the proposed rezone site. 16. A 20 inch ductile iron water line was installed along the southern and eastern boundary of the site in 1997. 17. In 2004 a sewer line was extended north in Broadmoor Boulevard from Sandifur Parkway. 18. Three thousand five hundred dwelling units have been built west of Road 68 on either side of I-182 in the past 14 years. 19. Half a dozen new residential subdivision located on Dent Road and Kohler Road, in the county, are now linked to Broadmoor Boulevard by the newly constructed Burns Road. TENTATIVE CONCLUSIONS BASED ON INITIAL 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 PMC 25.86.060. The criteria are as follows: 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. The proposal is consistent with the Comprehensive Plan Land Use Map and several Plan policies and goals related to commercial development. Land Use Goal ED -2 encourages the appropriate location and design of commercial facilities within the City. ED -2-B encourages the development of a wide range of commercial uses strategically Iocated to support local and regional needs. LU -4-A suggests commercial facilities should be located near major street intersection to leverage the use of major infrastructure and to reduce commercial sprawl. The site is located between two major intersections, Sandifur Parkway and Broadmoor Boulevard and the Road 100 Interchange. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. Surrounding properties directly to the east of the site are zoned C-1 and are developed with commercial uses. The proposed rezone will complement the existing C-1 zoning in the neighborhood. Development of the site facilitated by the proposed rezone may be beneficial to surrounding commercial properties in that increased traffic and activity on the proposed site may encourage additional commercial development of surrounding properties. 3. There is merit and value in the proposal for the community as a whole There is merit in developing vacant parcels within the City in accordance with the goals and policies contained in the Comprehensive Plan. The proposed zoning is consistent with the Plan's Land Use Map. Encouraging the development of more commercial facilities in the Road 100 area has merit as a whole for the increase in employment opportunities it creates and increase in the tax base without a corresponding increased need for public services as is the case with residential development. There is also value in the proposal because it could encourage the development of neighborhood shopping facilities that will benefit the several thousand homes that have been built along the I-182 Corridor over the past 14 years. 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. Safeguards all already built into the development regulations to address mitigation if needed. 5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A concomitant agreement is not needed. RECOMMENDATION MOTION: I move to adopt findings of fact and conclusions therefrom as contained in the January 15, 2015 staff report. MOTION: I move based on the findings of fact and conclusions as adopted the Planning Commission recommend the City Council approve the rezone for the Adams property at the northwest corner of the Road 100 Interchange from RT to C- 1. 0 0 ®.4 vw 0 I.,. �` R7 \,. f 0 PLANNING COMMISSION MINUTES 12/18/14 B. Rezone Rezone from RT (Residential Transition) to C-1 (Retail Business) (Dale Adams) IMF# Z 2014-0091 Chairman Cruz read the master file number and asked for comments from staff. David McDonald, City Planner discussed the rezone application from RT (Residential Transition) to C-1 (Retail Business). The site is located on a large parcel generally east of the Central Pre -Mix gravel pit and west of Broadmoor Boulevard and consists of roughly 145 acres. The site was annexed into the City in 1982, prior to the construction of the I- 182 freeway. The Growth Management Act requires communities to zone properties consistent with the Comprehensive Plan and the Comprehensive Plan designates this land for Commercial development. For many years through the Comprehensive Plan process, the Planning Commission, City Council and Staff have encouraged C-1 (Retail Business) and "O" (Office) types of zoning to occur in this area, as heavier Commercial activities would not be compatible in this location. Staff recommends this site to be zoned C-1 (Retail Business). Mr. McDonald discussed changed conditions in the neighborhood near this site, such as; 3,500 homes, water and sewer lines extentions near the property, Road 100 and Broadmoor Boulevard extends up to Dent Road to the north and also Burns Road. The changes in the neighborhood and new development support a change in zoning to C-1. With no comments the public hearing was closed. Commissioner Kempf moved, seconded by Commissioner Greenway, to close the hearing on the proposed rezone and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the January 15, 2015 meeting. The motion passed unanimously. PLANNING COMMISSION MINUTES 1/15/15 B. Rezone Chairman Cruz read the master file number and asked for comments from staff. David McDonald, City Planner, discussed the rezone application from RT (Residential Transition) to C-1 (Retail Business). Since the previous meeting there were no changes or additions to the staff report. Commissioner Greenaway moved, seconded by Commissioner Kempf, to adopt the findings of fact and conclusions therefrom as contained in the January 15, 2015 staff report. The motion passed unanimously. Commissioner Greenaway moved, seconded by Commissioner Kempf, based on the findings of fact and conclusions as adopted the Planning Commission recommend the City Council approve the rezone of the Adams property at the northwest corner of the Road 100 Interchange from RT to C-1. The motion passed unanimously. AGENDA REPORT FOR: City Council January 21, 2015 TO: Dave Zabell, City Manager �V Regular Mtg.: 2/2/15 Rick White, Community & Economic Development Director J FROM: Shane O'Neill, Planner I SUBJECT: REZONE: (MF# Z2014-008) Rezone Property from C-1 (Retail Business) to R-3 (Medium Density Residential). I. REFERENCE(S): 1. Cuevas Rezone - Vicinity Map 2. Cuevas Rezone - Proposed Ordinance 3. Cuevas Rezone - Report to the Planning Commission 4. Cuevas Rezone - Planning Commission Minutes: Dated 12/18/14 & 1/15/15 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 2/2: MOTION: I move to adopt Ordinance No. , rezoning the property located at 710 N. 24th Avenue from C-1 to R-3, and further, authorize publication by summary only. IH. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On December 18, 2014 the Planning Commission conducted a public hearing to determine whether or not to recommend rezoning 710 N. 24th Avenue from C-1 to R- 3. 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. I= WA I f z law .POO WA I f z law ORDINANCE NO. AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE ZONING CLASSIFICATION OF PROPERTY LOCATED AT 710 NORTH 24T" AVENUE FROM C-1 (RETAIL BUSINESS) TO R-3 (MEDIUM DENSITY RESIDENTIAL). 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 C-1 (Retail Business) to R-3 (Medium Density Residential) for the real property as shown in the Exhibit "1" attached hereto and described as follows: The east 218 feet of the south 340 feet of the southeast quarter of the southwest quarter of the northeast quarter Section 25, Township 9 North, Range 29 East 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 2°d day of February, 2015. Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FOR: Leland B. Kerr, City Attorney z F aAd HUZZ v 04 U QODI 0 0 ® ® � ' HAV HIVZ U o o..o �.> N Z� H.LS v N a aAV H19Z F z z W 8Z Qd®x REPORT TO PLANNING COMMISSION MASTER FILE NO: Z 2014-008 APPLICANT: Bernardo Cuevas Jr. HEARING DATE: 12/18/2014 1124 W. Margaret St. ACTION DATE: 1/15/2015 Pasco, WA 99301 BACKGROUND REQUEST: REZONE: Rezone from C-1 (Retail Business) to R-3 (Medium - Density Residential) 1. PROPERTY DESCRIPTION: Legal. Parcel # 119-351-149: The east 218 feet of the south 340 feet of the southeast quarter of the southwest quarter of the northeast quarter Section 25, Township 9 North, Range 29 East General Location: 710 N 24th Avenue Property Size: The parcel is approximately 1.7 acres 2. ACCESS: The site is accessed from 24th Avenue. 3. UTILITIES: The site is currently served by municipal sewer and water services. Municipal sewer and water mains are located in both Sylvester Street and 24th Avenue adjacent to the site. 4. LAND USE AND ZONING: The site is currently zoned C-1 (Retail Business) and contains a single-family home. Surrounding properties are zoned and developed as follows: NORTH: R-2 - Single -Family & Multi -Family Residences SOUTH: R-4 - Multi -Family Residences EAST: R-4 - Multi -Family Residences WEST: C-1 - Commercial 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Mixed Residential uses. Goal LU -3-B encourages infill and (higher) density to protect open space and critical areas in support of more walkable neighborhoods. Goal LU -3-E encourages the city to designate area for higher density residential development where utilities and transportation facilities enable efficient use of capital resources. 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 Bernardo Cuevas Jr. has applied to change the zoning designation of 710 N. 24th Avenue from C-1 (Retail Business) to R-3 (Medium -Density Residential) to allow for multi -family residential development. The subject site is approximately 1.7 acres in area; located on the northwest corner of the intersection of 24th Avenue and W. Sylvester Street. The City's Comprehensive Plan designates this site for Mixed Residential land uses which allows for a variety of residential zones/densities ranging from RS -20 (Suburban) through R-3. Of the allowable zones under the Mixed Residential designation, the R-3 zone permits the highest residential density at a rate of one dwelling unit for every 3,OOOft2 of land area or 14.5 units per acre. For comparison, the single-family R-1 zone permits an approximate density of 6 -units per acre. This site is underdeveloped; containing a 958 square -foot single-family home and two detached garages totaling 1,341 ft2 in floor area. The southeast corner of the site is landscaped typical of a residential front yard, while the northern 2/3 of the site remains covered with dry weeds. Curbs, gutters and sidewalks currently exist along all right-of-way frontages. Currently the site totals 74,120 ft2 in area with property lines shown extending to the centerlines of W. Sylvester St. and 24th Ave. The necessary right-of-way has not been dedicated for either of these roadways. Before a building permit will be issued the property owner will be required to dedicate the land needed for public right-of- way. The dedication will reduce the land area used to calculate the allowable number of dwelling units from 74,120 W (1.7 ac.) to 59,830 ft2 (1.37 ac.). The resulting parcel will allow between 19 and 25 units depending on whether or not the applicant wishes to qualify for a density bonus pursuant to PMC 25.68. It is common urban planning practice to assign higher -density residential zones to high impact areas such as land bordering arterial roadways; West Sylvester Street is an arterial roadway. The vicinity is also characterized by a variety of retail businesses and apartments and other multi -family residential developments. There is merit in promoting site development consistent with the Comprehensive Plan. 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 date the existing zone became effective: The current zoning classification was established over 35 -years ago. 2. The changed conditions, which are alleged to warrant other or additional zoning: 2 Over the years adjacent parcels to the east and south have been developed with a variety of multi family residential housing projects aimed mostly at providing housing opportunities for low to moderate income families. One important changed condition is Council's adoption of the City's Comprehensive Plan which occurred after the C-1 zone was assigned to the site. A change in zoning classification to R-3 is consistent with the Comprehensive Plan and compatible with existing land uses in the vicinity. 3. Facts to justify the change on the basis of advancing the public health, safety and general welfare: Changing the zoning classification of the site will foster development of a largely underdeveloped parcel of land bordering a major arterial roadway. There is merit in the elimination of an underdeveloped site fronting a major arterial roadway as it may bolster further development in the neighborhood. 4. The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: A change in zoning classification resulting in a multi family residential development will enhance the residential character of the vicinity by providing an increased number of housing opportunities. The rezone from C-1 to R-3 will encourage "infill and density including planned unit developments to protect open space and critical areas," as per Land Use Policy LU -3-B, and allow for "higher -density residential development where utilities and transportation facilities enable efficient use of capital resources," in keeping with Land Use Policy LU -3-E. This rezone would still align with that intended goal and also "allow for a full range of residential environments including single family homes, townhouses, condominiums, apartments, and manufactured housing," consistent with Housing Policy H -2-A. 5. The effect on the property owner or owners if the request is not granted: Without transitioning the site to a residential zoning classification residential development will not occur on the property. The applicant may not wish to proceed with any site development if it cannot be residential in nature. The presence of the single-family dwelling within the C-1 zoning designation likely prevents most financial lenders from approving loans for residential purposes on this property. 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 currently zoned C-1 (Retail Business). 2. The site contains a home and two accessory structures. 3. The site has been used residentially for the past 30 -years or more. 4. The applicant is requesting R-3 (Medium -Density Residential) zoning be assigned to the site to allow for multi -family residential development. 5. The Comprehensive Plan identifies the site and much of the vicinity for Mixed -Residential uses which allows assignment of a range of residential zones including R-3 (Medium -Density Residential). 6. The R-3 zone allows a maximum residential density rate of 1 dwelling unit for every 3,000 square feet of land area. 7. The site is approximately 1.7 acres in area. 8. The south and east property lines currently extend to the adjacent road centerlines; malting right-of-way dedication a prerequisite for building permit issuance. 9. Municipal sewer and water currently serve the site from within 24th Avenue and West Sylvester Street. 10. The site to the west is zoned R-4 (High -Density Residential) and contains a, multi -family residential development. 11. Parcels to the north are zoned R-2 (Medium -Density Residential) and contain 4-plex residential dwelling units. 12. Rowena Chess Elementary School is located nearly directly across 24th Avenue to the northeast of the property. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a zoning amendment the Planning Commission must develop findings of fact from which to draw its conclusions based upon the criteria listed in PMC 25.88.060. The criteria are as follows: 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. The proposal is consistent with the Comprehensive Plan Land Use Map and several Plan policies and goals. Land Use Policy LU -3-B encourages "infill" development while H -2 -A suggests the City permit a full range of residential environments. Housing Policy (H -B -A) encourages standards that control the scale and density of accessory buildings and homes to maintain compatibility with other residential uses. The effect of the proposal on the immediate vicinity will not be materially detrimental. The proposed R-3 zoning will permit site development similar of a lesser density than the residential developments to the south and to the east. Based on past experience with rezoning and development of vacant land adjacent to existing single - 0 family and multi family developments, and evidence provided by tax records of Franklin County, the proposed rezone will not be materially detrimental to the value of properties within immediate vicinity. 2. There is merit and value in the proposal for the community as a whole. Establishment of zoning and development on the subject site will further establish the multi family character matching much of the vicinity. Similar developments in the area have consistently experienced high rates of occupancy. From this we can infer that there is a need in the community for affordable multi family housing opportunities. There is merit in providing an increased range of housing opportunities available in those areas currently served by municipal utilities and public transportation and will enable efficient use of capital resources. The proposal is supported by land use goals and policies contained in the Comprehensive Plan. 3. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. No special conditions are proposed. 4. A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A concomitant agreement is not needed. RECOMMENDATION MOTION for Findings of Fact: I move to adopt findings of fact and conclusions therefrom as contained in the January 15, 2015 staff report. MOTION for Recommendation: I move based on the findings of fact and conclusions as adopted the Planning Commission recommend the City Council approve the rezone from C-1 to R-3 for 710 N 24th Avenue. 5 y •PON ;C p� v -r--a r s XF. y •PON y v 3AV MIZZ COO o £z CIVOU low Tl Mr 0 LU s� ®9AV HltZ �i N1 a� LLsz ty • . a j�iaxau�uio� SFR's 3AV H.L9Z V1 W C z 6 'C a 9z avOH Planning Commission Minutes December 18, 2014 A. Rezone Rezone from C-1 IRetail Business) to R-3 (Medium Density Residential) (Bernardo Cuevas Jr.) (MF# Z 2014-0081 Chairman Cruz read the master file number and asked for comments from staff. Shane O'Neill, Planner I, discussed the rezone application from C-1 (Retail Business) to R-3 (Medium Density Residential). The site is located at the northwest corner of Sylvester and 24th, is served by sewer and water and is occupied with a single-family dwelling. Most of the site is vacant and unimproved. The Comprehensive Plan designates the site for mixed residential uses, which allows for the assignment of the requested R-3 zoning. The R-3 zone is a residential district that would allow for multi -family development, such as, duplexes and four-plexes. The staff report contains review criteria for consideration of the rezone application. Bernardo Cuevas Jr., 1134 W. Margaret Street, spoke on behalf of his rezone application. He had no comments to add to the staff report. Monte La Dow, 2643 S. Kellogg Street, spoke in support of the rezone application. He intends to sell the site to the applicant and supports his vision. With no further comments the public hearing closed. Commissioner Khan moved, seconded by Commissioner Greenaway, to close the hearing on the proposed rezone and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the January 15, 2015 meeting. The motion passed unanimously. Planning Commission Minutes January 15, 2015 A. Rezone Rezone from C-1 (Retail Business) to R-3 (Medium Density Residential) (Bernardo Cuevas Jr.) (MF# Z 2014-008) Chairman Cruz read the master file number and asked for comments from staff. Shane ONeill, Planner I, discussed the rezone application from C-1 (Retail Business) to R-3 (Medium Density Residential). Since the previous meeting there were no changes to the conditions contained in the staff report. Commissioner Bachart moved, seconded by Commissioner Greenaway, to adopt the findings of fact and conclusions therefrom as contained in the January 15, 2015 staff report. The motion passed unanimously. Commissioner Bachart moved, seconded by Commissioner Greenaway, based on the findings of fact and conclusions as adopted the Planning Commission recommend the City Council approve the rezone from C-1 to R-1 for 710 N. 24th Avenue. The motion passed unanimously.