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HomeMy WebLinkAbout2015.06.01 Council Meeting PacketPage Regular Meeting 1. CALL TO ORDER: 2. ROLL CALL: AGENDA PASCO CITY COUNCIL 7:00 p.m. (a) Pledge of Allegiance June 1, 2015 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 Council members or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. 4 - 8 (a) Approval of Minutes To approve the Minutes of the Pasco City Council Meeting dated May 18, 2015. 9-10 (b) Bills and Communications To approve claims in the total amount of $1,962,234.59 ($598,803.34 in Check Nos. 204124-204283; $715,225.38 in Electronic Transfer Nos. 805471 -805514,805522 -805523,805525-805651,805653-805711,805713- 805774; $39,112.37 in Check Nos. 47966-48013; $607,093.50 in Electronic Transfer Nos. 30081671-30082150; $2,000.00 in Electronic Transfer No. 142) 11 - 18 (c) Summer School Services Interagency Agreement To approve the Interagency Agreement with the Pasco School District providing School Resource Officers for the 2015 Summer School Session and, further, authorize the Mayor to execute the agreement. 19-27 (d) PUD EASEMENTS: Utility Easements (MF# ESMT 2015-003) To authorize the City Manager to execute the easements granting the Franklin County PUD an easement across a portion of Highland Park and a portion of Blocks 1 and 6 of the Whitehouse Addition. Page 1 of 91 Regular Meeting June 1, 2015 28-41 (e) Road 80 Annexation (MF# ANX 2015-001) To set 7:00 pm, June 15, 2015 as the time and date to hold a public hearing to consider the Road 80 Annexation. 42-50 (f) ' Sharma Annexation (MF# ANX 2014-003) To set 7:00 pm, June 15, 2015 as the time and date to hold a public hearing to consider the Sharma Annexation. (RC) MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGEMENTS: 51 (a) Yard and Business of the Month Awards Mayor Watkins to present Certificates of Appreciation for May 2015 "Yard of the Month" and 'Business Appearance of the Month" to: • Elias & Patricia Tobon, 1316 W. Yakima Street • Marco Antonio & Rosa Elena Martinez, 3220 W. Wernett Road • Douglas & Evelyn White, 4711 Santa Rosa Court • Arnold Welden, 7608 Bonilla Drive • TerraGraphics Environmental Engineering Inc., 428 W. Shoshone Street 5. VISITORS - OTHER THAN AGENDA ITEMS: This item is provided to allow citizens the opportunity to bring items to the attention of the City Council or to express an opinion on an issue. Its purpose is not to provide a venue for debate or for the posing of questions with the expectation of an immediate response. Some questions require consideration by Council over time and after a deliberative process with input from a number of different sources; some questions are best directed to staff members who have access to specific information. Citizen comments will normally be limited to three minutes each by the Mayor. Those with lengthy messages are invited to summarize their comments and/or submit written information for consideration by the Council outside of formal meetings. 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers 7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: 52-64 (a) Road 80 Annexation Zoning (MF# ZD 2015-001) CONDUCT PUBLIC HEARING: MOTION: I move to adopt Ordinance No. 4221, adopting pre -annexation Page 2 of 91 Regular Meeting June 1, 2015 zoning for the Road 80 Annexation Area and establishing RS -20 zoning for said area. 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: 65-91 (a) E Preliminary Plat: Majestia Place (MF# PP 2015-001) MOTION: I move to approve Resolution No. 3641, approving a Preliminary Plat for Majestia Place. 9. UNFINISHED BUSINESS: 10. NEW BUSINESS: 11. MISCELLANEOUS DISCUSSION: 12. EXECUTIVE SESSION: 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed Q Quasi -Judicial Matter MF# "Master File #...... REMINDERS: • 1:30pm, Monday, June 1 - Emergency Medical Services Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; AL YENNEY, Alt.) • 5:30pm, Monday, June 1, City Hall Campus - Police Community Services Building Ground Breaking Ceremony. (ALL COUNCILMEMBERS INVITED TO ATTEND) • 12:00pm, Wednesday, June 3, 2601 N. Capitol Avenue - Franklin County Mosquito Control District Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; AL YENNEY, Alt.) • 5:30pm, Thursday, June 4, Parks & Rec. Classroom - Parks & Recreation Advisory Council Meeting. (COUNCILMEMBER SAUL MARTINEZ, Rep.; MIKE GARRISON, Alt.) This meeting is broadcast live on PSC -TV Channel 191 in Charter Cable and streamed at www.oasco-wa.eov/asctvlive. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Page 3 of 91 AGENDA REPORT FOR: City Council TO: Dave Zabell, City Manager Rick Ter -way, Director Administrative & Community Services FROM: Sandy Kenworthy, Administrative Assistant II Administrative & Community Services SUBJECT: Approval of Minutes I. REFERENCE(S): Minutes of the May 18, 2015 meeting. May 20, 2015 Regular Meeting: 6/l/15 H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the Minutes of the Pasco City Council Meeting dated May 18, 2015. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 4 of 91 REGULAR MEETING CALL TO ORDER: MINUTES PASCO CITY COUNCIL MAY 18, 2015 The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmembers present: Rebecca Francik, Mike Garrison, Robert Hoffinann, Tom Larsen, Matt Watkins and Al Yenney. Excused: Saul Martinez. Staff present: Stan Strebel, Deputy City Manager; Leland Kerr, City Attorney; Richard Terway, Administrative & Community Services Director; Jess Greenough, Field Division Manager; Kent McCue, Construction Manager; Dave McDonald, City Planner and Jeff Harpster, Police Captain. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: Approval of Minutes To approve the Minutes of the Pasco City Council Meeting dated May 4, 2015. Bills and Communications To approve claims in the total amount of $2,639,499.75 ($1,097,846.24 in Check Nos. 203870-204123; $275,939.42 in Electronic Transfer Nos. 805517- 805521, 805524; $37,462.35 in Check Nos. 47920-47965, 900000115; $613,332.98 in Electronic Transfer Nos. 30081181-30081670; $614,918.76 in Electronic Transfer Nos. 135-141) To approve bad debt write-off for Utility Billing, Ambulance, Cemetery, General Accounts, Miscellaneous Accounts, and Municipal Court (non- criminal, criminal, and parking) accounts receivable in the total amount of $198,786.06 and, of that amount, authorize $127,518.79 be turned over for collection. Appointment to Downtown Pasco Development Authority To appoint Martin Valadez to Position No. 5 on the Downtown Pasco Development Authority (expiration date 12/20/18). Page 1 of 4 Page 5 of 91 MINUTES REGULAR MEETING PASCO CITY COUNCIL MAY 18, 2015 Street Vacation: A Portion of Washington Street (MF# VAC 2015-010) To approve Resolution No. 3637, setting 7:00 P.M., Monday, June 15, 2015, as the time and date to conduct a public hearing to consider vacating a portion of Washington Street. Street Vacation: Portion of Duluth St. and California Ave. (MF# VAC 2015-009) To approve Resolution No. 3638, setting 7:00 P.M., Monday, June 15, 2015, as the time and date to conduct a public hearing to consider vacating a portion of Duluth Street and a portion of California Avenue. Street Vacation: Portion of Road 60 (MF# VAC 2015-006) To approve Resolution No. 3639, setting 7:00 P.M., Monday, June 15, 2015, as the time and date to conduct a public hearing to consider vacating the west 15 feet of Road 60 south of Sylvester Street. MOTION: Ms. Francik moved to approve the consent agenda as read. Mr. Garrison seconded. Motion carried unanimously. PROCLAMATIONS AND ACKNOWLEDGEMENTS: Mayor Watkins recognized Nayeli Cervantes, Chiawana High School Student, for receiving the AWC Center for Quality Communities Scholarship. Mayor Watkins presented a Proclamation to Jess Greenough, Field Division Manager, and Kent McCue, Construction Manager, proclaiming May 17-23, 2015 "Public Works Week." Captain Jeff Harpster, Pasco Police Department, introduced 2 new police officers, Chad Acock and John D'Aquila. VISITORS - OTHER THAN AGENDA ITEMS: Gabriel Portugal, 804 Rd. 52, representing Latino Civic Alliance, thanked Council for declaring its intent to adopt District Based Elections and for the City's involvement in the Washington State Commission on Hispanic Affairs listening sessions. Page 2 of 4 Page 6 of 91 MINUTES REGULAR MEETING PASCO CITY COUNCIL MAY 18, 2015 REPORTS FROM COMMITTEES AND/OR OFFICERS: Mr. Yenney reported on the Benton Franklin Council of Governments Board meeting. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Street Vacation: Portion of East Hillsboro Road Council and staff discussed the proposed vacation. Mayor Watkins declared the Public Hearing open to consider the proposed vacation. Following three calls for comments, and there being none, Mayor Watkins declared the Public Hearing closed. MOTION: Ms. Francik moved to adopt Ordinance No. 4220, an ordinance vacating a portion of East Hillsboro Street west of Highway 395, and further, authorize publication by summary only. Mr. Yenney seconded. Motion carried unanimously. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Annexation: Road 80 Annexation (MF# ANX 2015-001) Council and staff discussed the details of the proposed annexation. MOTION: Ms. Francik moved to approve Resolution No. 3640, accepting a Notice of Intent (Ten Percent Petition) to commence annexation proceedings, providing a determination on the territory to be annexed and whether simultaneous zoning and the assumption of bonded indebtedness will be required. Mr. Garrison seconded. Motion carried 5-1. No - Larsen. NEW BUSINESS: Utility Rate Study MOTION: Ms. Francik moved to approve the Utility Rate Study Professional Services Agreement with FCS Group and, further, authorize the City Manager to execute the agreement. Mr. Garrison seconded. Motion carried unanimously. Page 3 of 4 Page 7 of 91 MINUTES REGULAR MEETING PASCO CITY COUNCIL MAY 18, 2015 Wastewater System Impact Assessment - Phase I MOTION: Ms. Francik moved to approve the Phase 1 of the Wastewater System Impact Assessment Professional Services Agreement with Murray, Smith & Associates, Inc. and, further, authorize the City Manager to execute the agreement. Mr. Garrison seconded. Motion carried unanimously. MISCELLANEOUS DISCUSSION: Mr. Strebel noted Mr. Zabell, Mr. Qayoumi and Mr. White are attending the International Council of Shopping Centers Convention, marketing the Master Plan Development of the property at I-182 & Road 100. ffamill 9010 1 Blow There being no further business, the meeting was adjourned at 7:35 p.m. APPROVED: ATTEST: Matt Watkins, Mayor Debra Clark, City Clerk PASSED and APPROVED this 1st day of June, 2015 Page 4 of 4 Page 8 of 91 AGENDA REPORT FOR: City Council TO: Dave Zabell, City Manager Rick Terway, Director Administrative & Community Services FROM: Eva Lindgren, Deputy Director Administrative & Community Services SUBJECT: Bills and Communications I. REFERENCE(S): Accounts Payable 06.01.15 May 26, 2015 Regular Meeting: 6/1/15 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $1,962,234.59 ($598,803.34 in Check Nos. 204124-204283; $715,225.38 in Electronic Transfer Nos. 805471-805514, 805522- 805523, 805525-805651, 805653-805711, 805713-805774; $39,112.37 in Check Nos. 47966-48013; $607,093.50 in Electronic Transfer Nos. 30081671-30082150; $2,000.00 in Electronic Transfer No. 142) III. FISCAL IMPACT: IkvI 101ki114XV0;\i 13-74x IKY37M V. DISCUSSION: Page 9 of 91 CITY OF PASCO Council Meeting of: June 1, 2015 Accounts Payable Approved The City Council City of Pasco. Franklin County, Washington We, the undersigned, do hereby cedify 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. Dave Zabell, City Manager Rick Terway, A&CS Director We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washbgton do hereby certify on this 1 day of June, 2015 that the memhandtse or services hereinafter speci0ed have been received and are approved for payment: Claims Bank Payroll Be nk Gertl Bei7g Electronic Benk Combined Check Numbers 204124-204283 47966-48013 Total Check Amount $698,803.34 $39,41237 Total Checks $ 637,915.71 Electronic Transfer Numbers 805471-805514 3008167130082150 142 Total EFT Amount $715,225.38 $607,093.50 $2,000.00 Total EFTs $ 1,324,318.68 Grand Total $ 1,962,234.59 Councilmember Couro9member SUMMARY OF CLAIMS BY FUND: GENERAL FUND 136,694.53 STREET 24,439.63 ARTERIAL STREET 0.00 STREET OVERLAY 73,234.20 C. D. BLOCK GRANT 541.95 HOME CONSORTIUM GRANT 11,431.72 NSP GRANT 367.07 KING COMMUNITY CENTER 1,778.11 AMBULANCE SERVICE 15,903.30 CEMETERY 3,755.45 ATHLETIC PROGRAMS 1,102.34 GOLF COURSE 62,932.86 SENIOR CENTER OPERATING 2,808.58 MULTI MODAL FACILITY 1,760.01 RIVERSHORE TRAIL & MARINA MAIN 1,411.18 SPECIAL ASSESSMNT LODGING 0.00 LITTER CONTROL 839.05 REVOLVING ABATEMENT 152.50 TRAC DEVELOPMENT & OPERATING 0.00 ECONOMIC DEVELOPMENT 30,629.73 STADIUMICONVENTION CENTER 338.80 GENERAL CAP PROJ CONSTRUCTION 66,797.98 WATERISEWER 274,114.15 EQUIPMENT RENTAL - OPERATING GOVERNMENTAL 14,944.14 EQUIPMENT RENTAL - OPERATING BUSINESS 4,637.08 EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL 11,500.94 EQUIPMENT RENTAL - REPLACEMENT BUSINESS 254.65 MEDICAUDENTAL INSURANCE 175,103.09 FLEX 4,011.06 PAYROLL CLEARING 1,040,757.49 GRAND TOTAL ALL FUNDS: $ 1,962,234.58 Page 10 of 91 We7WO "49_31011R Y FOR: City Council May 28, 2015 TO: Dave Zabell, City Manager Regular Meering: 6/1/15 FROM: Bob Metzger, Police Chief Police Department SUBJECT: Summer School Services Interagency Agreement I. REFERENCE(S): Proposed Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve the Interagency Agreement with the Pasco School District providing School Resource Officers for the 2015 Summer School Session, and authorize the Mayor to execute the agreement. III. FISCAL IMPACT: $17,500.80 IV. HISTORY AND FACTS BRIEF: School Resource Officers (SRO) are full-time uniformed police officers primarily dedicated to providing law enforcement resource services to assigned schools and surrounding neighborhoods. The School District has requested an extension of the SRO services for the 2015 Summer School at Pasco High School. Normally, SRO services are not provided during the summer months. The School District has summer school programs at Pasco High School, Chiawana High School, and New Horizons High Schools. As a proactive measure, the School District has requested SRO's services for up to eight hours each day of summer school. There are 19 summer school days from June 15 to July 10. SROs are assigned to work normal patrol duties when school is not in session. V. DISCUSSION: The proposed Interagency Agreement is effective June through July 2015, and provides two School Resource Officers for the 2015 Summer School. The School District will Page 11 of 91 reimburse the City for the salary and fringe benefits costs for two officers during 19 days of summer school. The City Council's approval of the Agreement is all that is required for the Police Department to proceed on schedule. Page 12 of 91 INTERAGENCY AGREEMENT Between Pasco School District No. I And City of Pasco, Washington This agreement, pursuant to Chapter 39.34 RCW is made and entered into by and between the Pasco School District No. 1, hereafter referred to as the "District" and the City of Pasco, a municipal corporation of the State of Washington, hereafter referred to as the "City." No special budget or funds are anticipated, nor shall be created. It is not intended that a separate legal entity be established to conduct this cooperative undertaking, nor is the acquiring, holding, or disposing of real or personal property other than as specifically provided within the terms of this Agreement, anticipated. The Chief of Police of the City of Pasco, Washington, shall be designated as the Administrator of this Interlocal Agreement. This Agreement shall be filed with the Franklin County Auditor, or alternatively listed by subject on either parties' website or other electronically retrievable public source. It is the purpose of this agreement to: Enhance the safety and security of students, teachers, staff, and visitors and provide patrol of the various campuses of the District located within the City of Pasco, Washington. 2. Provide for the presence of armed and uniformed City Police Officers both inside and outside the school buildings on selected campuses of the District during certain school hours in support of such safety and security and the maintenance of a secure and peaceful learning atmosphere. 3. Provide for prevention, intervention, and prompt effective enforcement by the City's Police Department in situations involving, but not limited to: a. Maintenance of order b. Use, possession, or sale of illegal drugs and alcohol on school premises C. Crimes against persons d. Crimes against property e. Any other situations or activities which require the intervention of law enforcement officers; and 4. Provide for participation by police officers in the educational activities and role modeling to foster and enhance knowledge of and respect for law enforcement and law enforcement officers by students and the community. 5. Provide positive and supportive interface between law enforcement representatives and the District's substance abuse and harassment prevention efforts including, but not limited to Natural Helpers, Student Assistance Teams, Anti -Harassment and Bullying Project and other intervention and prevention efforts by the District. Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 1 of 6 Page 13 of 91 It is therefore mutually agreed that: 1. Statement of Work. The City shall furnish the necessary personnel and services and otherwise do all things necessary for and incidental to the performance of the work stated herein. The City shall: a. Assign two full-time uniformed police officers for eight consecutive hours each day from 07:30 AM to 3:30 PM to provide School Resource Officer services at specific schools June 15 — July 10, 2015 (except July 3, 2015) in accordance with the following schedule. 1. Chiawana High School: June 15d' -July 10, 2015 Monday - Friday 2. Pasco High School: June 15u' -July 10, 2015 Monday - Friday 3. New Horizons: To be Determined Monday - Friday One SRO will be assigned to Chiawana High School beginning June 15`s. The second SRO will cover duties at the remaining schools for the first full week of classes. The second SRO will be assigned to Pasco High School beginning June 15a`. Both officers are responsible for responding to incidents at the other schools as needed during the overlap period. Each SRO shall make certain that the Administration at their assigned school is notified when they are required to respond to another school. Generally, the quickest way to get an SRO to respond to an alternate school will be to call the Franklin County Emergency Dispatch Center and request an SRO be sent to the incident at a specific school. Except in incidents where a particular SRO may have prior knowledge or involvement in a specific case or other extenuating factors, the on -duty police supervisor will designate which SRO responds. Office space shall be provided as available at each school for the use of the School Resource Officer. Such office shall be equipped with one office desk and chair, and one locking cabinet. The City shall provide a lockable cabinet capable of securing police department equipment when not in use by the officer. b. Cooperate with the District to provide training and education to each assigned officer to insure effective communication and interrelation with the school community and its students; C. Cooperate with the District to monitor and evaluate the effectiveness of the assigned officers and the program; d. Meet as needed during the academic year with the District's representative (as designated by the District) to evaluate the effectiveness of the program; e. Cooperate with the District's representative to investigate and report on any complaints regarding the conduct of an assigned officer, share fully, as permitted by law, with the District's representative all results of such investigations for the purpose of responding to each complaint and cooperate to resolve each complaint. Provided, that it shall be the responsibility of the District to respond to any complaint the District received from a student, parent or patron of the District and communicate the results of any investigation to such person or persons. Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 2 of 6 Page 14 of 91 2. Terms and Conditions. All rights and obligations of the parties to this agreement shall be subject to and governed by the terms and conditions contained in the text of this agreement. 3. Period of Performance. Subject to its other provisions, the period of performance of this agreement shall commence on June 15, 2015 and be completed on July 10, 2015 with July 3rd scheduled off, unless terminated sooner as provided herein. The principal shall be responsible for notifying the Chief of the City's Police Department of the school calendar, schedule of events and activities, and any changes in the same. The principal shall determine the specific hours when an officer shall be present within the limits set forth in Section La. of the Agreement. 4. Payment. The District shall reimburse the City for its expenses in employing two officers for (estimated) 328 hours as follows: a. For June 15, 2015 through July 10, 2015, an estimated total of seventeen thousand, five hundred and eighty cents. ($17,500.80). Actual amount will be determined by the parties based upon any negotiated wage increase between the City and the police officer's collective bargaining unit. The current estimated wage rate with benefits is $54.69 per hour. 5. Billing Procedure. The City shall submit a monthly invoice or billing statement to the District. Payment shall be made to the City according to the regular procedures of the District. 6. Funding. If for any reason the District exhausts its budgeted funds for payment to the City for its services described herein or funds from any expected funding source become unavailable, the District shall notify the City and the obligations of the City shall immediately cease and this agreement terminate, unless the district otherwise assumes the obligations for the payment of services rendered by the Police Department. 7. Non-discrimination. In the performance of this agreement, the District and the City shall comply with the provisions of Title VI of the Civil Rights Act of 1964 (42 USC 200d), Section 504 of the Rehabilitation Act of 1973 (29 USC 7904) and Chapter 49.60 RCW, as now and hereafter amended. Both shall not, except as they may be specifically allowed by laws to do so, discriminate on the grounds of race, color, national origin, sex, religion, marital status, age, creed, Vietnam -Era and Disabled Veterans status, or the presence of any sensor, mental, or physical handicap. In the event of non-compliance by either party or refusal to comply with the above provisions this agreement may be rescinded, canceled, or terminated in whole or in part. The non- complying party shall, however, be given a reasonable time in which to cure this non- compliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. 8. Records Maintenance. The City shall maintain books, records, documents and other evidence that sufficiently and effectively reflect all direct and indirect cost expended in the Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 3 of 6 Page 15 of 91 performance of the services described herein. These records shall be subject to inspection, review or audit by the personnel of both parties, other personnel authorized by either party, the Office of the State Auditor and federal officers, if any, so authorized by law. The City and District shall retain all books, records, documents, and other materials relevant to this agreement for five (5) years after expiration. The office of the State Auditor, federal auditors, and any persons authorized by the parties shall have full access and the right to examine any of these materials during this five-year period. 9. Responsibilities and Authority of School Administrator. The principal or other administrator designated by the District is responsible for the supervision and daily operations of the school shall, subject to the lawful exercise of the officer's law enforcement responsibilities, schedule, assign and direct the officer's duties under this agreement. The principal is responsible for the investigation of non -criminal incidents that occur at or are related to the school. If the principal finds that he or she or any individual is in physical danger, the principal may request the law enforcement officer to assist him or her. In the case of a search of student property for the violation of District rules or other administrative reasons, the school principal or designated administrator or District employee will conduct the search. Once the principal has reason to believe that a crime has been or may be committed, the principal or other designated administrator shall request the law enforcement officer to assume responsibility. The building administrator shall have the responsibility to contact and report to parents and patrons regarding activities and findings of the law enforcement officer, where appropriate. 10. Indemnification. Each party shall defend, protect and hold harmless the other party from and against all claims, suits and/or actions arising from any negligent or intentional act or omission of that party's employees or agents while performing under this agreement. 11. Agreement Alterations and Amendments. The District and the City may mutually amend this agreement. Such amendments shall not be binding unless they are in writing and signed by the personnel authorized to bind the District and the City. 12. Termination. Except as otherwise provided in this agreement, either party may terminate this agreement by providing sixty (60) days advance written notification to the other party of their intent to terminate the agreement. If this agreement is so terminated, the terminating party shall be liable only for performance, in accordance with the terms of this agreement for performance rendered prior to the effective date of termination. 13. Savings. Should any portion of this agreement be declared illegal, the balance of the agreement shall remain in full force and effect to carry out the purposes of this agreement. 14. Disputes. In the event that a dispute arises under this agreement, it shall be resolved in the following manner: The Director of Educational Services of the District shall appoint a member to the Dispute Board. The Pasco Chief of Police shall appoint a member to the Dispute Board. The Director of Educational Services and the Pasco Chief of Police shall jointly appoint a third member to the Dispute Board. That person shall act as chairperson, convene the Dispute Board Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 4 of 6 Page 16 of 91 and cause a determination of the dispute, arrived at by a majority of the Board, to be rendered in a timely manner. The determination of the Dispute Board shall be final and binding on the District and the City. 15. Notices. Any notices required herein or related hereto shall be delivered in writing to the District at: Pasco School District No.1 Attn.: Executive Director, Operations 1215 West Lewis Street Pasco, WA 99301 And to the City at: Pasco Police Department Attn: Chief of Police 525 North 3rd Avenue Pasco, WA 99301 16. All Writings Contained Herein. This agreement contains all the terms and conditions agreed to by the parties. No understandings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties to this agreement. Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 5 of 6 Page 17 of 91 In Witness whereof, the parties have executed this agreement effective this day of 2015. City of Pasco: Matt Watkins Mayor Attest: Debbie Clark City Clerk Approved as to Form Leland Kerr City Attorney Pasco School District No. 1 Saundra L. Hill Superintendent Sarah Thornton School District Counsel Interagency Agreement between Pasco School District No. 1 and the City of Pasco. Page 6 of 6 Page 18 of 91 AGENDA REPORT FOR: City Council May 27, 2015 TO: Dave Zabell, City Manager Regular Meering: 6/1/15 Rick White, Director Community & Economic Development FROM: Dave McDonald, City Planner Community & Economic Development SUBJECT: PUD EASEMENTS: Utility Easements (MF# ESMT 2015-003) I. REFERENCE(S): Overview Map Vicinity Map -#1 Vicinity Map -#2 Easement41 Easement -#2 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to authorize the City Manager to execute the easements granting the Franklin County PUD an easement across a portion of Highland Park and a portion of Blocks 1 and 6 of the Whitehouse Addition. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: hi November of 2014 the City Council approved a preliminary plat for the redevelopment of a portion of the Whitehouse Addition located along the western boundary of North Charles Avenue. To serve this plat the Franklin County PUD needs to re -construct and/or re-route electrical lines in the neighborhood. This work will require the establishment of easements for the new electrical lines. The new subdivision will need a power feed from the north and the south. The PUD currently has a line running through Highland Park to the north boundary of the proposed subdivision. A 20 -foot easement is needed to connect the existing line in the Page 19 of 91 park to the new subdivision easement to be provided along North Charles Avenue. The power feed from the south will begin at the northeast corner of Franklin Avenue and Lewis Street and run north along the east side of Franklin Avenue to Alvina Street and then up to the proposed subdivision. The current standard for subdivision development requires 10 -foot utility easements paralleling all street right-of-ways. When the Whitehouse Addition was platted in the late 1800's no utility easements were provided. As a result an easement is now needed along Franklin Avenue and Alvina Street to accommodate the utility needs of the neighborhood and to allow the PUD to underground an old existing overhead line. The City is the owner of Highland Park and the owner of the property along Franklin Avenue and Alvina Street where the easements are needed. Granting easements to the PUD as described above will have minimal impact on the properties involved. The area of the park needed for the easement is sloped terrain, undeveloped and not used by park patrons. The easement area along Franklin Avenue and Alvina Street is located within the front yard setback area and can't be used for any development except for landscaping and driveways. V. DISCUSSION: Staff recommends City Council authorize the City Manager to execute the easements in favor of the PUD to enable the electrical system within the Whitehouse Addition neighborhood to be improved for the benefit of the neighborhood. Page 20 of 91 LM Voilliiilml U Yt F � 6 f fpMPP�.�! � � M -+-.0 9 O ctU O w � � r--+ ct P-,vW 0 env ivf inivvaO --.09£-- -- 1 After Recordina, Return To: City Planner City of Pasco PO Box 293 Pasco, WA 99301 UTILITY EASEMENT Tax Parcel No. 112075013 THE GRANTOR, City of Pasco, a Municipal Corporation of the State of Washington, conveys and hereby grants to the Franklin County PUD, a Municipal Corporation of the State of Washington, and to its successors or assigns, a non-exclusive utility easement to construct, operate, maintain, repair, replace or remove on and under the below described land electrical service lines and components with surface obstructions associated with said utility service (i.e. pedestals, vaults, etc.): Beginning at the Northeast corner of Lot 13, A.M. Wehe's Whitehouse Addition; Thence Easterly along the Easterly projection of the North line of said Lot 13 to the West right-of-way line of North Charles Avenue and the True Point of Beginning; Thence Northerly along the Northerly projection of the West right-of-way line of North Charles Avenue for a distance of 20 feet; Thence Westerly along a line parallel to and 20 feet North of the North line of Block 3, A.M. Wehe's Whitehouse Addition for a distance of 145 feet; Thence South for a distance of 20 feet to the North line of said Block 3; Thence Easterly along the North line of said Block 3 to the True Point of Beginning as shown in Exhibit A. DATED this day of 2015. GRANTOR Owner STATE OF WASHINGTON ) ss. County of FRANKLIN On this day of , 2015, before me, the undersigned, duly commissioned and sworn, personally appeared to me known to be the individual(s) described above and who executed the within and foregoing instrument as an agent of the owner(s) of record, and acknowledged to me that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that he/she/they is/are authorized to execute the said instrument. GIVEN under by hand and official seal this day of , 2015. Print Name: NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: Page 24 of 91 After Recording, Return To: City Planner City of Pasco PO Box 293 Pasco, WA 99301 UTILITY EASEMENT Tax Parcel No. 112073088 THE GRANTOR, City of Pasco. a Municipal Corporation of the State of Washington, conveys and hereby grants to the Franklin County PUD, a Municipal Corporation of the State of Washington, and to its successors or assigns, a non-exclusive utility easement to construct, operate, maintain, repair, replace or remove on and under the below described land electrical service lines and components with surface obstructions associated with said utility service (i.e. pedestals, vaults, etc.): The West 10 feet of Block 1, A.M. Wehe's Whitehouse Addition except the northerly 50 feet thereof and the North 10 feet of Block 1, A.M. Wehe's Whitehouse Addition except the westerly 50 feet thereof and the North 10 feet of the adjoining vacated North Charles Avenue and the North 10 feet of Lot 12, Block 6 A.M. Wehe's Whitehouse Addition together with a 10 foot easement in Block 1 A.M. Wehe's Whitehouse Addition the westerly line of which begins at a point of the West line of said Block ,1 said point being located 50 feet South of the North line of said Block 1, and said line terminates at a point on the North line of said Block 1, a distance of 50 feet East of the West line of said Block 1, as shown in Exhibit A. DATED this day of 2015. GRANTOR Owner STATE OF WASHINGTON ) ss. County of FRANKLIN On this day of , 2015, before me, the undersigned, duly commissioned and sworn, personally appeared to me known to be the individual(s) described above and who executed the within and foregoing instrument as an agent of the owner(s) of record, and acknowledged to me that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that he/she/they is/are authorized to execute the said instrument. GIVEN under by hand and official seal this day of , 2015. Print Name: NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: Page 26 of 91 z 0 �a ctU W Cl) I .0 6£ 3AV NIINNV83 .09£ 0 POO► W ,--��Paaae 27 of 9 IC ►�: '17.11 FOR: City Council TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development FROM: Dave McDonald, City Planner Community & Economic Development SUBJECT: Road 80 Annexation (MF# ANX 2015-001) I. REFERENCE(S): Overview Map May 26, 2015 Regular Meeting: 6/1/15 Vicinity Map Annexation Petition (A full copy of the petition is available for review in the Pasco Planning Office) H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to set 7:00 pm, June 15, 2015 as the time and date to hold a public hearing to consider the Road 80 Annexation. HI. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The petition method of annexation is a two-step process requiring the submittal of a Notice of Intent to Commence Annexation and a formal petition. The Council considered the Road 80 Annexation Notice of Intent in a public meeting on May 18th. Upon receipt of an annexation petition the Council is required to set a date for a public hearing to consider the petition and providing the public an opportunity to comment on the petition. June 15, 2015 is the earliest date for a public hearing to ensure the annexation is effective by July 1, 2015 as requested by the Franklin County Auditors Office. Page 28 of 91 V. DISCUSSION: Page 29 of 91 PETITION FOR ANNEXATION TO THE CITY OF PASCO TO: The City Council of the City of Pasco 525 North Third Avenue Pasco, Washington 99301 The undersigned, being the owners of not less than sixty percent (60%), in value, according to the assessed valuation for general taxation, of the real property described in Exhibit "A" attached hereto, lying contiguous to the City of Pasco, Washington, do hereby petition that such territory be annexed to and made a part of the City of Pasco under the provisions of RCW 35.14.120, et seq., and any amendments thereto, of the State of Washington. The territory proposed to be annexed is within Franklin County, Washington, and is described in Exhibit "2", attached hereto. WHEREFORE, the undersigned respectively petition the Honorable City Council and ask: (a) That appropriate action be taken to entertain this petition, fixing a date for a public hearing, causing notice to be published and posted, specifying the time and place of such hearing, and inviting all persons interested to appear and voice approval or disapproval of such annexation; and, (b) That following such hearing the City Council determine by Ordinance that such annexation shall be effective; and that property so annexed shall become a part of the City of Pasco, Washington, subject to its laws and ordinances then and thereafter enforced. The Petitioners subscribing hereto agree that all property within the territory hereby sought to be annexed shall not assume any existing indebtedness and will not require simultaneous adoption of zoning regulations in accordance with the City Council's acceptance of the Notice and Intention to Commence Annexation as indicated in Resolution No. 3640 as recorded May 18. 2015 in the Council minutes of the City of Pasco, Washington. This Petition is accompanied by and has attached hereto as Exhibit "B" a diagram which outlines the boundaries of the property sought to be annexed. Page 32 of 91 WARNING: Every person who signs this petition with any other than his/her name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he/she is not a legal voter, or signs a petition when he/she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. PRAYER OF PETITION: (1) Annexation of area described and depicted in Exhibits "A" and "B", without (2) assumption of indebtedness of the City of Pasco and without (3) simultaneous adoption of the City of Pasco Zoning Regulations. DATE OWNER'S SIGNATURE PRINTED NAME/ADDRESS SIGNED The City of Pasco as Attorney in fact hereby signs this annexation petition for and in behalf of the properties identified by Owner, Address and Parcel # attached to this signature page: The recorded Power of Attorney documents (owner Approval for Annexation) for each parcel .4" attached hereto and are a part of this annexation petition. 5/26/2015 City Manager, City of Pasco Page 33 of 91 EXHIBIT "A" LEGAL DESCRIPTION ROAD 80 ANNEXATION AREA Beginning at a point on the south line of the FCID canal right-of-way, said point being the intersection with the west right-of-way line of Road 96 and the south right-of-way line of the FCID canal right-of- way; Thence southerly along the west right-of-way line of Road 96 to the intersection with the northeast comer of Lot 2 Short Plat 99-05; Thence westerly along the north line of Lot 2 Short Plat 99-05 to the northwest comer thereof; Thence southerly along the west line of Lot 2 Short Plat 99-05 to the southwest comer thereof, said southwest corner also being a point on the north line of Lot, 3 Basswood Estates; Thence westerly along the north line of Lot 3, Basswood Estates to the northwest corner of said Lot 3; Thence southerly along the west line of said Lot 3 to the southwest corner of said Lot 3, said corner also being the northwest comer of Lot 4, Basswood Estates; Thence southerly along the west line of Lot 4, Basswood Estates to the southwest corner of said Lot 4, said southwest comer also being the northwest corner of Lot 4 Short Plat 2003-01; Thence southerly along the west line of Lot 4, Short Plat 2003-01 to the north right-of-way line of West Argent Road; Thence west along the north right-of-way line of West Argent Road to the intersection with the northerly projection of the east right-of-way line of Road 100; Thence southerly along said projection to the intersection with the south right-of-way line of West Argent Road; Thence continuing southerly along the east right-of-way line of Road 100 to the intersection with the north right-of-way line of West Court Street; Thence easterly along the north right- of-way line of West Court Street to the intersection with the east right-of-way line of Road 84; Thence southerly along the east right-of-way line of Road 84 to the intersection with the northwest comer of Lot 13, Block 1, Back Roads Country Estates; Thence easterly along the north line of said Lot 13, Back Roads Country Estates and continuing easterly along the north line of Lots 14, and 15, Block 1, Back Roads Country Estates to the intersection with the northeast corner of said Lot 15, said comer of said Lot 15, being 635.78 feet more or less from the east right-of-way line of West Court Street; Thence southerly for a distance of 24 feet; Thence easterly for a distance of 6 feet to the northeast/southwest line of Lot 17, Block 1, Back Roads Country Estates; Thence easterly along the north line of said Lot 17 and Lots 18, 19, 20, 21 and 22, Block 1, Back Roads Country Estates to the intersection with the west right-of-way line of Road 80; Thence continuing easterly along the easterly projection of the north line of Lot 22, Block I Back Roads Country Estates to the intersection with the east right-of-way line of Road 80; Thence northerly along the east right-of-way line of Road 80 to the intersection with the northwest comer of Lot 4, Short Plat 76-10; Thence westerly along the westerly projection of the north line of Lot 4, Short Plat 76-10 to the intersection with the west right-of-way line of Road 80; Thence northerly along the west right-of-way Road 80 to the intersection with the south right-of-way line of West Argent Road; Thence westerly along the south right-of-way line of West Argent Road to the intersection with the east right-of-way line of Road 84; Thence westerly along the westerly projection of the south right-of-way line of West Argent Road to the intersection with the southerly projection of the west right-of-way line of Road 84; Thence northerly along said projection of Road 84 and continuing northerly along the west right-of-way line of Road 84 to the intersection with the south right-of-way line of the FCID canal right- of-way; Thence westerly along said canal right-of-way to the point of beginning. Page 34 of 91 Page 35 of 91 Parcel Number Owner Name Address* 118030014 ABRAHAM, CHRISTOPHER (ETAL) 3913 ROAD 92 118030041 GADD, PAUL S & AMY A 9021 SUNSET TRAIL 118080078 WILSON, BETH M & LANE G 9401 SUNSET TRL 118080087 JENSEN, JEFFREY L 3914 ROAD 92 118080112 NEMETH, DOUGLAS MICHAEL (ETUX) 3905 ROAD 96 118091057 ITODD LIVING TRUST, 3821 ROAD 96 118092050 MORALES, JAIME 9409 RED ROAN CT 118092069 ROACH, HAROLD E 9412 RED ROAN CT 118092076 BERNHARD, JEB & MARGARET 9420 RED ROAN CT 118092085 DYSLAND, ERIC & KARENE 9520 RED ROAN CT 118092091 REYNOLDS, G GALE & VELMA SUE 3113 CHARDONNAY DR 118092092 SAKACH, ROGER CRAIG & YEVONNA R 3121 CHARDONNAY DR 118092093 WILGUS, JOHN (ETUX) 3213 CHARDONNAY DR 118092094 GRIGSBY, JACK E 3305 CHARDONNAY DR 118092095 MCCLURE, KENNETH D & TRACI D 3313 CHARDONNAY DR 118092096 HERRON, JEREL I & BRENDA L 3405 CHARDONNAY DR 118092097 NEFF, MATTHEW L & JILLIAN M 3417 CHARDONNAY DR 118092098 PFUNDHELLER, BRENT & JANICE 3513 CHARDONNAY DR 118092099 CHIESA, CRAIG J & LISA N 9220 CHARDONNAY DR 118092100 DIAZ, JAIME & MARISA 3508 ROAD 92 118092101 BUNGER, NICHOL & LENAYA 9212 CHARDONNAY DR 118092102 ELLIS, LUKE S 3620 ROAD 92 118092103 GUZMAN, KRISTI L 9209 CHARDONNAY DR 118092104 GARCIA, JOSE & LAURIE 9213 CHARDONNAY DR 118092105 HELTON, STEVEN T & MOLLY A 3609 RIESLING CT 118092106 SCOTT, SEAN & CHERYL A 3613 RIESLING CT 118092107 MORRELL (JR), RICHARD WILLIAM 3617 RIESLING CT 118092108 EVANS, JEFFERY A & KETRA M 3616 RIESLING CT 118092109 ADAMS, EDWARD J & JONNA L 3612 RIESLING CT 118092110 GALLACHER, WILLIAM S 3604 RIESLING CT 118092111 PETTIT, MATTHEW & TERA 3516 RIESLING CT 118092112 SHARPE, CHRISTOPHER M & DANIELLE C 3508 CHARDONNAY DR 118092113 HEATON, TROY W & DANA L 9321 MERLOT DR 118092114 BUTTARS, JON & BOBBI 9320 MERLOT DR 118092115 CAMERON, TODD C & LAURA BETH 3312 CHARDONNAY DR 118092116 KILLAND, BRIAN L & KATHY L 3304 CHARDONNAY DR 118092117 COOPER, RYAN & JENNIFER 3212 CHARDONNAY DR 118092118 BROWN, CARYLE 3120 CHARDONNAY DR 118092119 DUNBAR (JR), RICHARD E & JUDY R 3112 CHARDONNAY DR 118101076 KIM, JOO BAIK & YUN SUK 3712 ROAD 96 1=WELCH, SERRANO, JORGE H & CLAUDIA C 9613 MAPLE DR 1NORTHRUP, DARRELL K & SHERRIE 3616 ROAD 96 CHAD 19705 ELMWOOD RD Page 36 of 91 Parcel Number Owner Name Address* 118102115 FISH, JOHN & TERRY 9621 ELMWOOD RD 118102124 GARCIA, GREGORIO M & MERCEDES 9700 MAPLE DR 118102133 KING, MERLE A & CAROL (JR) 9620 MAPLE DR 118102180 JOHNSON, ROBIN C & GLORIA 9709 MAPLE DR 118102181 STORY, JASON W 9717 MAPLE DR 118102182 SETTER, SPENCER 0 & JANET M (TRUSTEES) 9805 MAPLE DR 118102183 BATEY, GENE & JANICE E (JR) 9800 MAPLE DR 118102184 WELCH, DUANE & DEBBIE SUE 9712 MAPLE DR 118121096 OWSLEY (JR), STANLEY L & LINDA R 3404 ROAD 92 118121103 SMOOT, CRAIG & LINDA 3422 ROAD 92 118122030 STEWART, JOHN E & DONNA M 3201 SYRAH DR 118122059 FRIEDLINE, JOHN A & ROXANA O 3103 CABERNET CT 118122068 SANDERS, TERRY D & MARY E 3105 CABERNET CT 118122077 SISEMORE, MICHELLE ANN 3107 CABERNET CT 118122086 HALSTEAD, STEVEN & VICTORIA P 3115 CABERNET CT 118122095 HARRIMAN, TERENCE (ETUX) 9405 W ARGENT RD 118122104 COLEMAN, CHARLES W & JULIE A 3205 SYRAH DR 118122113 ROMAIN, CLAYTON & LINDA 3211 SYRAH DR 118122122 LOGOZZO, SHANE & RIETTA 3305 SYRAH DR 118122131 WHITE, WILLIAM & KATHERINE 3311 SYRAH DR 118122159 ORTIZ, DICKIE DJ & SHANNON 3411 SYRAH DR 118122177 HALES, RONALD E 9415 MERLOT DR 118122186 WOOLLEY, SCOTT V & OLGA 9519 MERLOT DR 118122195 GIBSON, FORREST & DAWN 9521 MERLOT DR 118122204 FREEMAN, MARK & EILEEN 3411 ROAD 96 118122213 RATLIFF, DWAYNE G & JUDITH M 3325 ROAD 96 118122228 MCWHORTER, DONALD W & LINDA J 3311 ROAD 96 118122237 GADOMSKIY, IVAN I & NATALIY 1 3305 ROAD 96 118122246 BLANK, BLAINE L & KAY 3211 ROAD 96 118122255 JACOBS, DAVID L & CLAUDIA R 3212 SYRAH DR 118122264 MCBREATY, MICHAEL (ETAL) 3306 SYRAH DR 118122273 WELKER, DANIEL EMMETT & SHANNON YVONNE 3312 SYRAH DR 118122282 WILLIAMS, JASON & CRISTA 3326 SYRAH DR 118122291 MILLER, DAVID & MONA 3412 SYRAH DR 118130042 ROAD 84 EDUCATIONAL CTR, 118130077 ROSS, CHARLES E & MARIAN E 8714 MAPLE DR 118130102 JENSEN, GEORGE A & PEGGY B 8612 MAPLE DR 118130116 MASTOR-WALKER, MICHELLE K 8715 MAPLE DR 118130123 HIPP, GERALD & JEANNIE 8709 MAPLE DR 118130130 BAILEY, RODNEY D & EMILY J 8621 MAPLE DR 118130137 CROSS, MICHAEL & SUZANNE 8617 MAPLE DR 118130144 BEAMER, PAMELA A 18607 MAPLE DR 118140084 JANDREWS, JEFFREY E 18921 MAPLE DR Page 37 of 91 Parcel Number Owner Name Address* 118140093 LEDGERWOOD (JR), RONALD & LORRI 8913 MAPLE DR 118140137 KUSTER, DAVID L & AMANDA D 8806 MAPLE DR 118140146 GARBER, JORDAN & AMY 8816 MAPLE DR 118140155 ANDA, VANESSA S & PETER R 8904 MAPLE DR 118140164 MACK, LOREN 8912 MAPLE DR 118140173 HENRY, DAVID & MARCIA 8920 MAPLE DR 118140182 SCHLIEBE, CONNIE 9006 MAPLE DR 118140191 FLEMING, RAY A & LINDA L 9016 MAPLE DR 118140208 AUSTIN, LINDSAY J & HEIDI A 9106 MAPLE DR 118140217 LUND, PATRICK N & KATHERINE L 3515 ROAD 92 118140226 CLARE, KEVIN & ANDREA 9015 SUNSET TRAIL 118140262 PACKER, ASA E & EMILY JOYCE 8909 SUNSET TRL 118140271 SHOEMAKE, KEN & JERALYN 8815 SUNSET TRL 118140299 SISEMORE, JOHN D & MEGAN 3721 ROAD 92 118140306 CARPENTER, BARRY D & JACKIE L 9116 SUNSET TRL 118140315 ANGUTANO, ANTHONY & RENEE (TRUSTEES) 9104 SUNSET TRL 118140342 PHILLIPS, ROGER & HEIDI 9004 SUNSET TRL 118140379 CRIGLER, RICHARD 8816 SUNSET TRL 118151081 SR HOMES LLC, 8913 W ARGENT RD 118152035 BRADY, ZELLA M 3313 ROAD 92 118152135 CORRIGAN, NEIL & ABIGAIL 8921 COLBY CT 118152144 MILLER, KENNETH & CHERYL 9005 COLBY CT 118152153 GINTHER, BRUCE & SHARON 9015 COLBY CT 118152186 MCCARY, HERSCHEL M & MARLENE 9114 COLBY CT 118152190 MCMULLEN, KENT & JANE 3108 TUSCANY DR 118152191 LAIRD, CHARLES & ASHLEY 9021 TUSCANY DR 118152192 HILLIARD, PAUL M 9108 TUSCANY DR 118152193 JAY (ETVIR), LINDA M 9116 TUSCANY DR 118152194 SALL, DOUGLAS & CINDY 3309 ROAD 92 118152195 ZARO (TRUSTEES), STEPHEN & JANNETTE 3301 ROAD 92 118152196 GADD, RODNEY & MARGARET 9117 TUSCANY DR 118152197 KONDRATSKIY (ETUX), VYACHESLAV 9113 TUSCANY DR 118152198 MACKEY, THOMAS C & LYNDA 3212 SORENTO CT 118152199 SALL, GARY L & BARBARA J 3220 SORENTO CT 118152200 COOPER, SUSAN R 3304 SORENTO CT 118152201 STUBBS (TRUSTEES), CHARLES E & MARGARET A 3305 SORENTO CT 118152202 LITTLE, DAVID O & CYNTHIA A 3301 SORENTO CT 118152203 SCHLAGEL, JASON & LEAH 3217 SORENTO CT 118152204 GARTSIDE, JAMES E & SHERRY D 3209 SORENTO CT 118152205 BAILEY, KENNETH M & ANN E 3121 TUSCANY DR 118152206 ICHAVERS, CARL & BETTY 3105 TUSCANY DR 118161061 1 STORACI, DAVID A & NICOLE R 3617 ROAD 88 118161063 IJULLkN, BEVERLY M 18717 STERLING RD Page 38 of 91 Parcel Number Owner Name Address* 118161068 FRENZEL, PAUL L & DOROTHY D 3423 CORAL CT 118161069 GREENAWAY, BRIAN A & JOLEEN M 3415 CORAL CT 118161070 KLAPHAKE, JASON T & SARAH R 3407 CORAL CT 118161071 GARDNER, ANDREW J & KATIE 8604 STERLING RD 118161072 HOCKADAY, KAROL S & JOHN R 3309 TURQUOISE CT 118161073 ELISON, BARY D & DEANNA 3306 TURQUOISE CT 118161074 HANINGER LIVING TRUST, 3314 TURQUOISE CT 118161075 KOVIS, DANIEL J & AIMEE R 8704 STERLING RD 118161076 MILTON, CYNTHIA R 8712 STERLING RD 118161077 NICHOLS, SHANNON L & JENNIFER L 8720 STERLING RD 118162033 JOHNSON, KLINT M & KAREN R 8715 W BELL ST 118162060 WILLIAMS, STEVEN D & CAROL A 8607 BELL ST 118162079 COSSAIRT, TOBY M & LISA L 8515 W BELL ST 118162088 NELSON, JOHN T & HEIDI C 8507 W BELL ST 118162097 HORN, RON & SARAH 8415 W BELL ST 118162113 JOHNSON, JOSIAH J & CHENYN E 8714 W BELL ST 118162131 STORMS, LESTER W SR (ETUX) 8614 W BELL ST 118162168 COLVER, CRAIG & JILL 8506 W BELL ST 118162177 KELLY, JAMES A & PAMELA SUE 8414 W BELL ST 118241073 HUGHES, THOMAS B & VICKI M 2920 ROAD 84 118241108 PSD, 118241135 PSD, 118242018 PASCO SCHOOL DISTRICT NO. 1, 2803 ROAD 88 118251099 SMITH (JR), LOYD J 8920 W DRADIE ST 118251124 TALBOTT, ERIC & AMY 8921 W DRADIE ST 118252089 RIEKE, PETER C 9104 POOLER RD 118252098 NEWBURY, RUSSELL & LORALEE 9020 POOLER RD 118252132 LEDGERWOOD, MARVIN & PATRICIA ANN 2813 ROAD 92 118252141 HALL, ANDREW P & DESIREE L 9021 POOLER RD 118252150 RAIDL, FRANK K & MARTHA B 9013 POOLER RD 118252169 GERHARD, JIM & JUDY 9005 POOLER RD 118261060 KENDALL, MELODY J & FRANK L 9121 FRANKLIN RD 118261088 CREACH, TRAVIS T & SALLY A 9104 FRANKLIN RD 118261186 BLANCHARD, ROBERT G & DIANE Y 2515 ROAD 88 118261202 SAPP, JAMES R & ELIZABETH R 8621 W RICHARDSON RD 118261211 LAWRENCE, TIMOTHY D & JULIE A 8613 W RICHARDSON RD 118261220 ZEIGLER, PHILIP B 8605 W RICHARDSON RD 118261266 KNIGHT, KENNETH D 8912 FRANKLIN RD 118261275 HENDRICKS, JENNIFER L 2507 ROAD 88 118261673 UNGER, SCOTT E & ANNA L 8805 FRANKLIN RD 118261680 GEORGE (ETAL), RONALD E & BONNIE J 8817 FRANKLIN RD 118261699 GOLLADAY, WES & SUE 8823 FRANKLIN RD 118261708 LARRABEE, MICHELE & ED 18913 FRANKLIN RD Page 39 of 91 Parcel Number Owner Name Address* 118262023 ZEIGLER, DENNIS L & TERRIE 8812 W RICHARDSON RD 118262041 SCRIVEN, JEFF 8912 W RICHARDSON RD 118262050 LARSEN, DARRYL STEVEN 8920 W RICHARDSON RD 118262069 BLACK, THOMAS & JANA 9004 W RICHARDSON RD 118262149 ROBERTSON (ETAL), CHAD A 9013 W COURT ST 118262167 HILLESTAD, WILLIAM F & SANDRA L 8917 W COURT ST 118262176 RITCHIE, GERALD & BONNIE 8913 W COURT ST 118262185 LAWSON, RICK L 8821 W COURT ST 118262194 BOVINGDON, BEVERLY J 8815 W COURT ST 118262208 RICE, JESSE J & ELIZABETH R 2308 ROAD 88 118271184 HAFER, LOREN R & DONNA R 8412 FRANKLIN RD 118271193 MORRISS, EDWARD T 8413 W RICHARDSON RD 118271200 ESCOBAR, STEVE Y (ETAL) 8504 FRANKLIN RD 118271219 VALLEJOS, PATRICK 8505 W RICHARDSON RD 118271228 GARZA, JESSE J & ODILIA S 8512 FRANKLIN RD 118271237 BROWN, KYLEE J & PATRICK 1 8513 W RICHARDSON RD 118271255 SANCHEZ, MANUEL J & MARIA C 8521 W RICHARDSON RD 118271282 WILZ, ERIC J & WENDY R 8412 W LIVINGSTON RD 118271326 RUMSEY, JESSE L & ROSIE H 8512 W LIVINGSTON RD 118271335 PETERSON, PAMELA E 8511 FRANKLIN RD 118271344 STECKLINE, JIM & LYNN 8520 W LIVINGSTON RD 118271380 NYBY, SHAYNE C 2420 ROAD 84 118271399 JOHNSON, NICKOLAS & WENDY 2408 ROAD 84 118271451 FAUST WORTH (ETAL), TANYA DENISE 8404 W LIVINGSTON RD 118271460 LARRINAGA, PEDRO & SARAH 8405 FRANKLIN RD 118271478 SMITH, RONALD R & JANE L 8524 W RICHARDSON RD 118271479 VENEMA, WM H & N YVONNE 8517 W COURT ST 118272067 TIPPETT, RYAN & KRISTI 8616 W RICHARDSON RD 118272129 CRAIG, RICHARD & GERALDINE 8620 W RICHARDSON RD 118281020 OLIVER (JR), HENRY J 2912 ROAD 92 118291019 SMITH, LOYD JEFF & SARAH NOEL 3012 ROAD 97 118291046 DEMAREST, RICHARD & DONNA (JR) 2916 ROAD 97 118291073 RANDANT, DALE E & MARILYN JEAN 3013 ROAD 97 118291082 MCKENZIE, KELLY J & VERA L 3007 ROAD 97 118291215 SMILIE, MICHAEL L & DEBORAH D 2808 ROAD 97 118291224 WALTERS (ETUX), REX D 2708 ROAD 97 118292090 HARRISON, MARGARET 9818 STAR LN 118301132 BASS, TERRY & DIXIE M 9717 W COURT ST 118311121 SPANNER, DANIEL A & KARIN L 9401 W RICHARDSON RD 118312013 MOODY, STEVEN & ANGELINA 2420 ROAD 92 118312022 DUFFY, TERRANCE & NEIOLA 9220 W RICHARDSON RD 118312031 SCHLEGEL, STEVEN CRAIG & REBECCA MARIE 9304 W RICHARDSON RD 118312068 MCCORT, BRAD & CHERYL 2409 ROAD 94 Page 40 of 91 Parcel Number i Owner Name Address* 118312077 HANES, DAVID I & MYRIAH D 2321 ROAD 94 118312086 FIFER, DAVID J & KRISTEN A 9305 W COURT ST 118312095 CRIDDLE, NICHOLAS D & DEANNA 2408 ROAD 92 118313049 TILLEY, CRAIG & KELLY 9404 W RICHARDSON RD 118313183 MOODY (TRUSTEE), MARGARET M 9520 W RICHARDSON RD 118313192 SHRUM, HUBERT A 9504 W RICHARDSON RD 118313209 JONES, PHIL A & LINDA 9412 W RICHARDSON RD 118402087 -S MAY, KYUNGJA 3021 ROAD 84 118402103 LITTLE FAMILY TRUST (THE), 3005 ROAD 84 118412030 BOURBON, VICKI A 2621 ROAD 84 118412049 PSD, 118442034 IDENHOED, ALAN J & MICKEL C 2105 ROAD 84 118161062 ILILVERS, KURT 3605 ROAD 88 118161064 ITUTTLE, JACE & ELIZABETH 8709 STERLING RD 118161065 1 STEACH, JAMES R & MISTI L 8621 STERLING RD All addresses are located in Pasco, Washington 99301 Page 41 of 91 AGENDA REPORT FOR: City Council TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development FROM: Dave McDonald, City Planner Community & Economic Development SUBJECT: Sharma Annexation (MF# ANX 2014-003) I. REFERENCE(S): Overview Map Vicinity Map Annexation Petition May 26, 2015 Regular Meeting: 6/1/15 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to set 7:00 pm, June 15, 2015 as the time and date to hold a public hearing to consider the Sharma Annexation. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The petition method of annexation is a two-step process requiring the submittal of a Notice of Intent to Commence Annexation and a formal petition. The Council considered the Sharma Annexation Notice of Intent in a public meeting on November 2, 2014. Upon receipt of an annexation petition the Council is required to set a date for a public hearing to consider the petition and providing the public an opportunity to comment on the petition. June 15, 2015 is the earliest date for a public hearing to ensure the annexation is effective by July 1, 2015 as requested by the Franklin County Auditors Office. Page 42 of 91 V. DISCUSSION: Page 43 of 91 y1. Road 84 n W •r jj ti O Road 84 n ro jj �� h6�nnr � � •,.�'r. or Blvd Ali m 03 T4 V 1 M O O d' ci cn N N ct U " '/I 0 POO ci '/I PETITION FOR ANNEXATION TO THE CITY OF PASCO TO: The City Council of the City of Pasco 525 North Third Avenue Pasco, Washington 99301 The undersigned, being the owners of not less than sixty percent (60%), in value, according to the assessed valuation for general taxation, of the real property described in Exhibit "1" attached hereto, lying contiguous to the City of Pasco, Washington, do hereby petition that such territory be annexed to and made a part of the City of Pasco under the provisions of RCW 35.14.120, et seq., and any amendments thereto, of the State of Washington. The territory proposed to be annexed is within Franklin County, Washington, and is described in Exhibit "2", attached hereto. WHEREFORE, the undersigned respectively petition the Honorable City Council and ask: (a) That appropriate action be taken to entertain this petition, fixing a date for a public hearing, causing notice to be published and posted, specifying the time and place of such hearing, and inviting all persons interested to appear and voice approval or disapproval of such annexation; and, (b) That following such hearing the City Council determine by Ordinance that such annexation shall be effective; and that property so annexed shall become a part of the City of Pasco, Washington, subject to its laws and ordinances then and thereafter enforced. The Petitioners subscribing hereto agree that all property within the territory hereby sought to be annexed shall not assume any existing indebtedness and will not require simultaneous adoption of zoning regulations in accordance with the City Council's acceptance of the Notice and Intention to Commence Annexation as indicated in Resolution No. 3597 as recorded November 3. 2014 in the Council minutes of the City of Pasco, Washington. This Petition is accompanied by and has attached hereto as Exhibit "2" a diagram which outlines the boundaries of the property sought to be annexed. 1 Page 46 of 91 WARNING: Every person who signs this petition with any other than his/her name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he/she is not a legal voter, or signs a petition when he/she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. PRAYER OF PETITION: (1) Annexation of area described and depicted in Exhibits "1" and "2", without (2) assumption of indebtedness of the City of Pasco and without (3) simultaneous adoption of the City of Pasco Zoning Regulations. DATE OWNER'S SIGNATURE PRINT NAME/ADDRESS SIGNED 4. 5. 6. 7. S. 9. 10. 11. 12. 2 Rats cA A 5'114& Page 47 of 91 WARNING: Every person who signs this petition with any other than his/her name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he/she is not a legal voter, or signs a petition when he/she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. PRAYER OF PETITION: (1) Annexation of area described and depicted in Exhibits "1" and "2", without (2) assumption of indebtedness of the City of Pasco and without (3) simultaneous adoption of the City of Pasco Zoning Regulations. 1. 3. 4. 5. 6. 7. S. 9. 10. 11. 12. SIGNATURE PRINT NAME/ADDRESS SIGNED 2 Page 48 of 91 EXHIBIT "1" Annexation Legal The Southeast quarter of the Southeast quarter of Section 6, Township 9 North, Range 29 East, W.M., Franklin County, Washington, except that portion deeded for Broadmoor Boulevard. Page 49 of 91 Sharma .Annexatuor� � MA, City Limits FOR: City Council May 20, 2015 TO: Dave Zabell, City Manager Regular Meeting: 6/1/15 FROM: Rick Terway, Director Administrative & Community Services SUBJECT: Yard and Business of the Month Awards I. II. IV V. REFERENCE(S): ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Mayor Watkins to present Certificates of Appreciation for May 2015 "Yard of the Month" and 'Business Appearance of the Month" to: • Elias & Patricia Tobon, 1316 W. Yakima Street • Marco Antonio & Rosa Elena Martinez, 3220 W. Wernett Road • Douglas & Evelyn White, 4711 Santa Rosa Court • Arnold Welden, 7608 Bonilla Drive • TerraGraphics Environmental Engineering Inc., 428 W. Shoshone Street FISCAL IMPACT: HISTORY AND FACTS BRIEF: DISCUSSION: Page 51 of 91 AGENDA REPORT FOR: City Council May 26, 2015 TO: Dave Zabell, City Manager Regular Meeting: 6/1/15 Rick White, Director Community & Economic Development FROM: Dave McDonald, City Planner Community & Economic Development SUBJECT: Road 80 Annexation Zoning (MF# ZD 2015-001) I. REFERENCE(S): Overview Map Report to the Planning Commission Proposed Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: CONDUCT PUBLIC HEARING: MOTION: I move to adopt Ordinance No. an Ordinance of the City of Pasco, Washington, adopting pre -annexation zoning for the Road 80 Annexation Area and establishing RS -20 zoning for said area. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: In January of this year the Council approved the formation of an "Annexation Facts Committee" to review information related to the possible annexation of all unincorporated properties west of Road 80. The committee held its last meeting on April 7, 2015. In addition to processing the necessary petition forms (Notice of Intent and 60% Petition) to effectuate an annexation, the City must consider zoning in advance of the adoption of an annexation ordinance. Typically the zoning review process for annexations coincides with the submittal of a Notice of Intent. Page 52 of 91 The Planning Commission held a zoning determination hearing on April 16th. Typically the Planning Commission holds one hearing and the Council considers their recommendation during the annexation hearing. Individuals within the annexation area have requested that the determination for zoning be established in advance of the Council's consideration of the annexation. To accommodate that request staff has consulted with the City Attorney and formulated a process that resembles "pre -zoning" a potential annexation area in accord with State law. Reconciling that process with our own municipal code necessitates two zoning hearings before the Council in addition to the Planning Commission hearing. The Council held the first hearing on April 20th and the second hearing was scheduled for June 1 st. V. DISCUSSION: The attached report to the Planning Commission provides background and related information necessary to arrive at a decision on zoning for the proposed Road 80 annexation area. The Comprehensive Plan designates the annexation area for low-density residential development with the exception of the school sites. Following the direction of the Comprehensive Plan ninety-seven percent of the annexation area has been zoned RS - 20 by Franklin County. The remaining three percent is zoned RT. Most of the lots in the area meet or exceed the lot size requirements for RS -20 zoning. Based on the Comprehensive Plan no multi -family, commercial or industrial zoning can be considered for the area. Council's options for zoning in this case are limited to the low-density districts of RS -20, RS -12, RS -1, R-1 and R -1-A. Of the options available the RS -20 zone most closely aligns with the existing zoning, existing land uses and development patterns for the area. Based on those facts and the information in the attached report the recommendation is for RS -20 zoning. Several individuals requesting the zoning determination in advance of the hearing on the annexation have also requested the RS -20 zoning with numerous "freezes" or exemptions to various City regulations. Council has previously received a staff memo outlining this request along with City responses and information developed by the Annexation Facts Committee. Page 53 of 91 REPORT TO PLANNING MASTER FILE NO: (MF# ZD2015-001) ACTION DATE: 4/16/2015 APPLICANT: City of Pasco PO Box 293 Pasco, WA 99301 REQUEST: Develop zoning recommendation for the Road 80 Annexation Area. 1) AREA ID: Area Size # of Dwellings Population Rd 80 Annexation Area 688 acres 437 1,224 2) UTILITIES: City water lines are located in most streets throughout the proposed annexation area. City gravity sewer mains are found in Road 100 and Court Street bordering the proposed annexation area. There are also gravity mains in Road 84 north of Argent Road and in Argent for a distance of 401 feet east of Road 84. These lines connect to a small lift station in the southwest corner of the Chiawana High property. 3) LAND USE AND ZONING: The proposed annexation area is currently zoned R -S-20, R -T under the County zoning regulations. About 97 percent of the area is zoned R -S-20 and 3 percent (23 acres) is zoned RT. 4) COMPREHENSIVE PLAN: The Comprehensive Plan designates the proposed annexation area for low density residential development the exception being the two school sites, McLoughlin and Livingston, which are identified as public or quasi -public. There is no corresponding zoning attached to the public designation so the two school sites are zoned RS -20. 5) 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 On January 20, 2015 the City Council approved the formation of an "Annexation Facts Committee" to review the facts related to the possible annexation of approximately 688 acres of unincorporated lands located west of Road 80. The proposed annexation area is part of the unincorporated West Pasco "donut hole". This area is developed with over 400 dwellings units, two schools, a large church, a major electrical substation, a seminary building and a veterinarian clinic. The area also contains or has contained a number of home based businesses including a paving company, a well 1 Page 55 of 91 driller and an excavator. Only about 116 acres or seventeen percent of the proposed annexation area remains undeveloped. Of the 116 acres only about 76 acres are totally unencumbered without dwelling units. The other 40 acres consists of large parcels that have a dwelling and accessory buildings located somewhere on the parcels. These lots are large enough to be further divided for additional building lots. As part of the annexation process to the Planning Commission needs to hold a zoning determination hearing. The purpose of said hearing is for the Planning Commission to recommend appropriate zoning for the proposed annexation area in the event it may become part of the City. In determining the most appropriate zoning for the annexation area the Planning Commission needs to consider the existing land uses, development patterns, current County zoning, policies of the Comprehensive Plan and the land use designations of the land use map. The Planning Commission also needs to be guided by the criteria in PMC 25.88.060 (as discussed below) in developing a zoning recommendation. Approximately 97 percent of the proposed annexation area is currently zoned RS -20 and developed in a low-density suburban fashion. Three percent of the area is zoned RT. The RS -20 regulations are essentially the same in the City and the County, however, the RT regulations are a little different. The County code permits commercial stables, riding academies, farriers, veterinary clinic, nurseries and greenhouses in RT zones and the City code only permits single-family dwellings. The Comprehensive Plan designates the annexation area for low-density residential development except for the school sites. The school sites are indicated as public and quasi -public land use areas. There is no specific zoning district that corresponds to the public and quasi -public designations. Schools and other public uses are not limited by zoning districts but, require review through the Special Permit process regardless of zoning district. The low density areas identify lands that should be zoned for only low density development. The Comprehensive Plan describes low-density development as residential development with two to five units per acre. Zoning districts applicable to the low-density designation include RS -20, RS -12, RS -1, R-1 and R -1-A. Zoning must be consistent with the Comprehensive Plan which limits the range of districts to the ones previously listed. No commercial of industrial zoning can be considered. Most of the residential lots within the annexation area meet or exceed the lot size requirements for RS -20 zoning. There are only a few lots (20) located directly west of Livingston Elementary School that are less than 20,000 square feet in size. Due to the existing development patterns and the lack of sewer service it appears RS -20 zoning would be the most appropriate designation. This will enable residential development to occur on all lands 2 Page 56 of 91 in the annexation area, including the currently zoned RT areas, at the same densities as generally existing in the annexation area today. The veterinarian clinic at 3012 Road 92 is currently zoned RT in the County would become a non -conforming use under the City's RS -20 or RT zones. As a non -conforming use the clinic can continue to be operated as it does today. The non -conforming status does not expire if the clinic is sold to another veterinarian. A few individuals on the Annexation Facts Committee are concerned that the recommended RS -20 zoning may lead to higher density residential zoning once their neighborhood is annexed. For a majority (572 acres of the 688) of the annexation area zoning will not alter the development patterns or increase the density. The 116 acres of the annexation area that could be developed is currently constrained by the lack of sewer service and will be for a number of years. Without sewer service residential lots will not be developed with less than about 22,000 square feet for many years. Those concerned about residential densities have asked that the RS -20 zoning designation by applied to the annexation area for a period of 20 years without the possibility of having it changed to another low-density zoning district. In responding to the request the City Attorney has advised the 20 year period is excessive and difficult to justify. His recommendation is for a more defensible 5 year period. The initial review criteria for considering a rezone application are explained in PMC 25.88.030. The criteria are listed below as follows: 1. The changed conditions in the vicinity which warrant other or additional zoning: • The property is located within the Pasco Urban Growth Boundary. • The property in question may be annexed to the City of Pasco. • The major change is the annexation of the parcels in question. Upon annexation the area will need to be zoned. • Much of the annexation area is now developed. 2. Facts to justify the change on the basis of advancing the public health, safety and general welfare. The property may be annexed to the City and will need to be zoned. The justification for the rezone is the fact that if a zoning designation is not determined the property could become annexed without a zoning. For the advancement of the general welfare of the community the property needs to be zoned consistent with the established development patterns. 3. The effect rezoning will have on the nature and value of adjoining property and the Comprehensive Plan. K Page 57 of 91 Zoning the proposed annexation area to generally reflect the current County zoning will maintain the current nature and value of the neighborhood and surrounding areas. Past annexation rezones have not negatively altered the value of adjoining properties in the City or the County 4. The effect on the property owners or owner of the request is not granted. Without the annexation area being assigned a specific zoning district, the area will essentially be un -zoned upon annexation. The area needs to be zoned for the benefit of the property owners and property owners adjoining the proposed annexation area. 5. The Comprehensive Plan land use designation for the property. The Comprehensive Plan designates all of the annexation area for low- density residential development. The Growth Management Act requires zoning to be consistent with the Comprehensive Plan. RS -20 is one of the listed residential zoning districts that is consistent with the low- density residential land use designation. FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1) The site is within the Pasco Urban Growth Boundary. 2) The Urban Growth Boundary was established by Franklin County in 1994. 3) The property is being proposed for annexation by August 2015. 4) The annexation area is identified in the Comprehensive Plan for low-density residential uses. 5) The Comprehensive Plan indicates RS -20, RS -12, RS -1 R-1 and R -1-A zoning district are applicable to the low-density land use designation 6) The Growth Management Act requires zoning to be consistent with the Comprehensive Plan. 7) The annexation area lacks sanitary sewer service and as a result most of the residential lots within the area are a half acre or larger. 8) Approximately 97 percent of the proposed annexation area is zoned R -S-20 9) RS -20 zoning is virtually the same in the City and County. 4 Page 58 of 91 CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a rezone the Planning Commission must develop its conclusions from the findings of fact based upon the criteria listed in PMC 25.88.060 and determine whether or not: (1) The proposal is in accord with the goals and policies of the Comprehensive Plan. Zoning the area RS -20 to reflect the land use designations in the Comprehensive Plan and established development patterns will cause the proposal to be in accord with the Plan. (2) The effect of the proposal on the immediate vicinity will not be materially detrimental. Retaining low density zoning on those properties developed with low density single-family homes will preserve the suburban nature of the neighborhood and will have no material impact on surrounding properties. (3) There is merit and value in the proposal for the community as a whole. It is in the best interest of the community and neighborhood to have the annexation area zoned to support the low density nature of the area. Without zoning, the value and character of the neighborhood would not be protected or maintained. (4) Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. Zoning the neighborhood consistent with the established development patterns within the neighborhood will mitigate the impacts of the property not being zoned upon annexation. If the area was zoned to reflect the land use designations of the Comprehensive Plan and established densities and development patterns no additional conditions are 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. STAFF RECOMMENDATION MOTION: I move the Planning Commission adopt the Findings of Fact as contained in the April 16, 2015 staff report. 5 Page 59 of 91 MOTION: I move, based on the findings of fact as adopted, the Planning Commission recommend the City Council zone the Road 80 Annexation Area to RS -20, as indicated on the zoning map identified as Exhibit # 1 attached to the April 16, 2015 staff report with the provision the RS -20 classification shall remain in effect for a minimum of 5 years. n Page 60 of 91 ORDINANCE NO. AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, ADOPTING PRE -ANNEXATION ZONING FOR THE ROAD 80 ANNEXATION AREA AND ESTABLISHING RS -20 ZONING FOR SAID AREA. WHEREAS, RCW 35A.14330 authorizes the City Council to adopt proposed zoning regulations that become effective upon annexation of any area that that might reasonably be expected to be annexed by the City at any future time; and, WHEREAS, the proposed Road 80 Annexation Area includes all unincorporated lands west of Road 80; and, WHEREAS, on the April 16, 2015 the Pasco Planning Commission held a public hearing to developed a zoning recommendation for the proposed Road 80 Annexation Area; and, WHEREAS, pursuant to RCW 35A. 14. 340, the City Council held a public hearing on April 20, 2015 and June 1, 2015 providing all interested individuals the opportunity to comment on the proposed pre -zoning; and, WHEREAS, based upon substantial evidence, that: (A) the proposed pre -zoning is consistent with the adopted Comprehensive Plan; (B) the proposed pre -zoning is consistent with or promotes the goals and objectives of the Comprehensive Plan serving the general public interest in the community; and (C) a pending annexation is the warranting factor demanding the change of zoning classification from the County zoning regulations to the City zoning regulations; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Pre -Zoning Established for the Road 80 Annexation Area. That under the authority of RCW 35A.14.330, and pursuant to the notice and hearing requirements set forth in RCW 35A.14.340, the Pasco City Council hereby adopts pre -annexation zoning for the Road 80 Annexation area or any portion thereof as and described in Exhibit "A" and depicted in Exhibit "B". Said annexation area shall be zoned RS -20 as defined and described in Title 25 of the Pasco Municipal Code and said annexation area shall be subject to all standards and associated regulations pertaining to said zone, as existing at the time of annexation. The RS -20 zoning established herein shall remain in full force and effect for a period of five years from the effective date of annexation. Section 2. The proposed zoning (RS -20) regulations set forth in Section I shall become effective upon annexation to the City of Pasco as it applies to those properties described in Exhibit "A" attached hereto and made a part of this ordinance. Section 3. A copy of this ordinance, duly certified as a true copy by the City Clerk of the City Of Pasco shall be filed with the Franklin County Auditor. Page 61 of 91 Section 4. 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, Washington, and approved as provided by law this 1 st day of June 2015. Matt Watkins Mayor ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney Page 62 of 91 EXHIBIT "A" LEGAL DESCRIPTION ROAD 80 ANNEXATION AREA Beginning at a point on the south line of the FCID canal right-of-way, said point being the intersection with the west right-of-way line of Road 96 and the south right-of-way line of the FCID canal right-of- way; Thence southerly along the west right-of-way line of Road 96 to the intersection with the northeast corner of Lot 2 Short Plat 99-05; Thence westerly along the north line of Lot 2 Short Plat 99-05 to the northwest corner thereof; Thence southerly along the west line of Lot 2 Short Plat 99-05 to the southwest corner thereof, said southwest corner also being a point on the north line of Lot, 3 Basswood Estates; Thence westerly along the north line of Lot 3, Basswood Estates to the northwest corner of said Lot 3; Thence southerly along the west line of said Lot 3 to the southwest corner of said Lot 3, said corner also being the northwest corner of Lot 4, Basswood Estates; Thence southerly along the west line of Lot 4, Basswood Estates to the southwest corner of said Lot 4, said southwest corner also being the northwest corner of Lot 4 Short Plat 2003-01; Thence southerly along the west line of Lot 4, Short Plat 2003-01 to the north right-of-way line of West Argent Road; Thence west along the north right-of-way line of West Argent Road to the intersection with the northerly projection of the east right-of-way line of Road 100; Thence southerly along said projection to the intersection with the south right-of-way line of West Argent Road; Thence continuing southerly along the east right-of-way line of Road 100 to the intersection with the north right-of-way line of West Court Street; Thence easterly along the north right- of-way line of West Court Street to the intersection with the east right-of-way line of Road 84; Thence southerly along the east right-of-way line of Road 84 to the intersection with the northwest corner of Lot 13, Block I, Back Roads Country Estates; Thence easterly along the north line of said Lot 13, Back Roads Country Estates and continuing easterly along the north line of Lots 14, and 15, Block 1, Back Roads Country Estates to the intersection with the northeast corner of said Lot 15, said corner of said Lot 15, being 635.78 feet more or less from the east right-of-way line of West Court Street; Thence southerly for a distance of 24 feet; Thence easterly for a distance of 6 feet to the northeast/southwest line of Lot 17, Block 1, Back Roads Country Estates; Thence easterly along the north line of said Lot 17 and Lots 18, 19, 20, 21 and 22, Block I, Back Roads Country Estates to the intersection with the west right-of-way line of Road 80; Thence continuing easterly along the easterly projection of the north line of Lot 22, Block 1 Back Roads Country Estates to the intersection with the east right-of-way line of Road 80; Thence northerly along the east right-of-way line of Road 80 to the intersection with the northwest corner of Lot 4, Short Plat 76-10; Thence westerly along the westerly projection of the north line of Lot 4, Short Plat 76-10 to the intersection with the west right-of-way line of Road 80; Thence northerly along the west right-of-way Road 80 to the intersection with the south right-of-way line of West Argent Road; Thence westerly along the south right-of-way line of West Argent Road to the intersection with the east right-of-way line of Road 84; Thence westerly along the westerly projection of the south right-of-way line of West Argent Road to the intersection with the southerly projection of the west right-of-way line of Road 84; Thence northerly along said projection of Road 84 and continuing northerly along the west right-of-way line of Road 84 to the intersection with the south right-of-way line of the FCID canal right- of-way; Thence westerly along said canal right-of-way to the point of beginning. Page 63 of 91 Page 64 of 91 AGENDA REPORT FOR: City Council TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development FROM: Shane O Neill, Planner I Community & Economic Development SUBJECT: Preliminary Plat: Majestia Place (MF# PP 2015-001) I. REFERENCE(S): Vicinity Map Proposed Resolution Preliminary Plat Report to the Planning Commission Planning Commission Minutes: Dated 4/16/15 & 5/21/15 May 26, 2015 Regular Meeting: 6/1/15 H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. approving a Preliminary Plat for Majestia Place. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On April 16, 2015 the Planning Commission conducted a public hearing to develop a recommendation for the City Council on the preliminary plat for Majestia Place. The proposed preliminary plat is located south of Broadmoor Estates and north of Sandifer Parkway. 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. No written appeal of the Planning Commission's recommendation has been received. Page 65 of 91 V. DISCUSSION: Page 66 of 91 RESOLUTION NO. A RESOLUTION APPROVING A PRELIMINARY PLAT FOR MAJESTIA PLACE. 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 on Lots 12, 18 and 19 Coles Estates with adjoining vacated Road 92, have requested approval of a preliminary plat; and, WHEREAS, the Planning Commission has reviewed said preliminary plat which is named Majestia Place; 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 Majestic Place located on Lots 12, 18 and 19 Coles Estates with adjoining vacated Road 92, 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. Sidewalks within the Plat must be located adjacent to the right- of-way line and off -set from the curb. Lot 27 may be accessed from Kent Lane provided the driveway is located in the southern 30 feet of the lot. 2) There is an existing water line east of Lots 34, 33, and 32. The developer will be responsible for relocating and reconnecting the two existing meters connected to the existing line. The blow -off at the end of the existing water line may be used instead of the proposed waterline cap south of Lot 32. The water line must terminate at a blow -off. The proposed irrigation line along Road 90 must be 8 -inch pipe and is required to connect to the existing irrigation line at Road 90 and Cheshire Court. 3) All lot frontages must be wide enough to accommodate the placement of all utilities while maintaining the necessary separations between the various utility service lines. 4) Road 90 must be over -laid from curb -to -curb from the manhole cut for Majestia Lane to the last utility cut for Lot 11. 5) The developer must comply with PMC 26.04.115(B) and PMC 3.07.160 dealing with water rights acquisition. Page 68 of 91 6) No utility vaults, pedestals, or other obstructions will be allowed at street intersections. 7) 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). 8) All storm water is to be disposed of per City and State codes and requirements. 9) 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. 10) 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. 11) The developer shall be responsible for the creation of record drawings. All record drawings shall be created in accordance with the requirements detailed in the Record Drawing Requirements and Procedure form provided by the Engineering Division. This form shall be signed by the developer prior to construction plan approval. 12) 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. 13) The final plat(s) shall contain a 10 -foot utility easement parallel to all streets unless otherwise required by the Franklin County PUD. 14) 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". 15) 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. 16) 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. 17) 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 2 Page 69 of 91 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. 18) The developer will be required to comply with the City of Pasco Civil Plan Review process. 19) 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. 20) The developeribuilder shall pay the City a "common area maintenance fee" of $375 per lot upon issuance of building permits for homes. These funds shall be placed in a fund and used to finance the maintenance of arterial boulevard strips. 21) The developer/builder shall pay the "traffic impact fee" and "park fee" established by ordinance at the time of issuance of building permits for homes. 22) The developer shall install common estate type masonry wall/fence 6 feet in height adjacent the south line of Lots 1, 2, 3, & 4 as a part of the infrastructure improvements for the Plat. Said estate wall shall be no closer than twenty (20) feet from the east property line of Lot 4. Passed by the City Council of the City of Pasco this 1st day of June, 2015. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney Page 70 of 91 °�°^v^°^W-^ •�•'••--M�•^�-^a^�—^• NO1ON1asrM'03srd N1 an.raoi aolswaensr anoa� N�isaa lQii� 3�b��d b�IlS3('b�W��g,� �aod irld �arNlwnaaa m R 9 N g L g s ffi d HIS!, Z 6 }n5d3,i Half $p `. 01 RANO NOlONIT3M ( 10381HS3HO I I I I I I I I I I I I I I I I IN t; P Yi yIIt, � gr7 Y 1 /` L-' v L IJI )� I J 10 Nk —nvM)ardandlaNvs — — — — �- - GVOa 3NI Ia3MOd I i luno wrHanc I \ I RANO NOlONIT3M ( 10381HS3HO I I I I I I I I I I I I I I I I IN t; P Yi yIIt, � gr7 Y 1 /` L-' v L IJI )� I J 10 Nk —nvM)ardandlaNvs — — — — �- - NOlONW6YM'0]Stld d0 A11:13X1 NI031MI WN019w08VNS tl anon e�Isea I lQH� 33Vgd VIIS NOd NMd 101Ilf ANYNIWIl3tld >�o ® Q s zj ,w LLiaga° I v.e. a.Il REPORT TO PLANNING COMMISSION MASTER FILE NO: PP 2015-001 APPLICANT: Peter Strizhak HEARING DATE: 4/16/2015 6159 W. Deschutes Ave., Ste #509 ACTION DATE: 5/21/2015 Kennewick, WA 99336 BACKGROUND REQUEST: Preliminary Plat: Majestia Place 1. PROPERTY DESCRIPTION: Legal: Lots 12, 18 and 19 Coles Estates with adjoining vacated Road 92 General Location: 6000 Block of Road 90 and at the south end of Kent Lane Property Size: 10.53 Acres Number of Lot/ s Proposed: 38 single-family residential lots Square Footage Range of Lots: 7,570 ft2 to 13,037 W Average Lot Square Footage: 8,300 ft2 2. ACCESS: The property has access from Road 90 3. UTILITIES: Utilities exist in in Road 90. 4. LAND USE AND ZONING: The site is zoned R-1. Surrounding properties are zoned and developed as follows: NORTH: R-1 - Single -Family Residences SOUTH: C-1 - Vacant EAST: R-3 - Single -Family Residences/Vacant WEST: R-3 - Multi -Family & Single -Family Residences 5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for 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. Page 73 of 91 ANALYSIS The proposed plat encompasses 10.53 acres of land and contains 38 single-family residential lots. This property was assigned RT (Residential Transition) when it was annexed to the City in 1982. In 2014 Council adopted Ordinance #4176 rezoning the subject site to R-1 (Low -Density Residential) to allow future single- family residential development. The rezone was approved without the use of a concomitant agreement. The site is designated in the Comprehensive Plan for mixed residential development which provides the option to develop single-family homes. The proposed plat is a functional continuation of the surrounding Broadmoor Estates subdivisions. The overall density and average lot size between the proposed subdivision and Broadmoor Place to the north and east are similar. LOT LAYOUT: The proposed plat contains 38 residential lots; with the lots varying in size from 7,570 to 13,037 square feet. The average lot size is 8,300 square feet. RIGHTS-OF-WAY: All lots have adequate frontage on streets which will be dedicated. UTILITIES: Currently, municipal sewer and water lines are located both in Road 90 and Road 92. 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 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 continuing from surrounding subdivisions will carry the names from the other subdivisions and streets without names will all be named prior to final platting. IRRIGATION: The municipal code requires installation of irrigation lines as a part of infrastructure improvements. WATER RIGHTS: The assignment of water rights is a requirement for subdivision approval per Pasco Municipal Code Section 26.04.115(B) and Section 3.07.160. If no water rights are available to transfer to the City the property owner/developer must pay a water right fee in lieu thereof. The Public Works Director may waive Page 74 of 91 the fee if the developer mixes a soil additive in the ground that provides 30% retention of irrigation water. 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 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 8,300 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 proposed plat is located within a third of a mile from Vintage Park. Vintage Park is located directly south of Maya Angelou Elementary School. The developer will be required to pay the current park fee prior to receiving building permits. A new elementary school (Franklin) opened this year on the north end of Road 52. Two additional elementary schools are currently under construction with an opening date of this fall. Delta High School is also under construction on Broadmoor Boulevard. The developer will be required to pay the current school impact fee prior to receiving building permits. 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. A school impact fee in the amount of $4,700 will be charged for each new home at the time of building permit issuance. Effective Land Use/Orderly Development: The plat is laid out for low-density residential development consistent with surrounding residential developments with the exception of Mediterranean Villas to the west. 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. 3 Page 75 of 91 Provision of Housing for State Residents: The proposed preliminary plat contains 38 building lots, providing opportunities for the construction of 38 new homes for Pasco residents. Adequate Air and Light: The maximum lot coverage limitation of 40 percent and building setbacks will assure 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 indicates the site is designated for single-family and 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 single-family and mixed - residential development • The site is currently zoned R-1. • The Housing Element of the Comprehensive Plan encourages the development of a variety of residential densities and housing types. • Per the ITE Trip Generation Manual 8w Addition the proposed subdivision, when fully developed, will generate approximately 380 vehicle trips per day. • The current traffic impact fee is $709 per dwelling unit. The impact fees are collected at the time permits are issued and said fees are used to make traffic improvements and add traffic signals in the I-182 Corridor when warranted. • 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. 4 Page 76 of 91 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. (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 within the City. (3) The proposed subdivision conforms to the policies, maps and narrative text of the Comprehensive Plan; The Comprehensive Plan land use map designates much of the site for mixed - residential development. Single-family homes are identified as one of the permitted residential uses within the mixed residential designation. 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; s Page 77 of 91 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. Sidewalks within the Plat must be located adjacent to the right-of-way line and off -set from the curb. Lot 27 may be accessed from Kent Lane provided the driveway is located in the southern 30 feet of the lot. 2. There is an existing water line east of Lots 34, 33, and 32. The developer will be responsible for relocating and reconnecting the two existing meters connected to the existing line. The blow -off at the end of the existing water line may be used instead of the proposed waterline cap south of Lot 32. The water line must terminate at a blow -off. The proposed irrigation line along Road 90 must be 8 -inch pipe and is required to connect to the existing irrigation line at Road 90 and Cheshire Court. 3. All lot frontages must be wide enough to accommodate the placement of all utilities while maintaining the necessary separations between the various utility service lines. 0 Page 78 of 91 4. Road 90 must be over -laid from curb -to -curb from the manhole cut for Majestia Lane to the last utility cut for Lot 11. 5. The developer must comply with PMC 26.04.115(B) and PMC 3.07.160 dealing with water rights acquisition. 6. No utility vaults, pedestals, or other obstructions will be allowed at street intersections. 7. 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). 8. All storm water is to be disposed of per City and State codes and requirements. 9. 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. 10. 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. 11. The developer shall be responsible for the creation of record drawings. All record drawings shall be created in accordance with the requirements detailed in the Record Drawing Requirements and Procedure form provided by the Engineering Division. This form shall be signed by the developer prior to construction plan approval. 12. 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. 13. The final plat(s) shall contain a 10 -foot utility easement parallel to all streets unless otherwise required by the Franklin County PUD. 14. 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". 15. 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. 16. 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 Page 79 of 91 agreement must be presented to the City of Pasco at the intake meeting for construction plans. 17. 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. 18. The developer will be required to comply with the City of Pasco Civil Plan Review process. 19. 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. 20. The developer/builder shall pay the City a "common area maintenance fee" of $375 per lot upon issuance of building permits for homes. These funds shall be placed in a fund and used to finance the maintenance of arterial boulevard strips. 21. The developer/ builder shall pay the "traffic impact fee" and "park fee" established by ordinance at the time of issuance of building permits for homes. 22. The developer shall install common estate type masonry wall/fence 6 feet in height adjacent the south line of Lots 1, 2, 3, & 4 as a part of the infrastructure improvements for the Plat. Said estate wall shall be no closer than twenty (20) feet from the east property line of Lot 4. RECOMMENDATION MOTION: I move to adopt Findings of Fact and Conclusions therefrom as contained in the May 21, 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 Majestia Place with conditions as listed in the May 21, 2015 staff report. 8 Page 80 of 91 Vicinity Item: Preliminary Plat Map Applicant: Peter Strizhak + N File #: PP2015-001 AP ADB DURHAM URHAM CT i tt -ELINGTON DR E4 'E SANDIFUR..PIU Qeil Vacant Zoning Item:Preliminary Plat Ma Applicant: Peter Strizhak N p File #: PP201 5-001 R-3 (Medium -Density Residential) IM C-1 . Business R-3 0 bjO • 5.4 0 Y ✓. �R 1 *�5i 1 . I VE rJ ^'^�•�^� —"^^'•'^^^� NQL9NINSYM p]IYd N1031YJ01NpMN18118V i tl NOtlD NDI59D q 33VId dilsardw- :tlOd 1Ytd AVYNWIl31N �� � YA{Ryy49 p R RR6�iw1i i, z@ .i d#�13}Fa P da S d 7 € yg N fill; Hit swil �Hezjt ON -11 LU k a: 0 I a g @ `�. °bra, •.� I _ — _ x � - _' I T ��� ♦ + Ill I .I'S ;'-"'§4�a m'I� EP eq n o b i >L l \ I l y o s i II rc `bi I I. ---- _--- .�4-------- IN, —xouxaxerr'oaara aowa;axs sa aunmxwsunener N "' 'aroasmawwnewswnava gQ p Z�' I � PPM i t ^5 �� •� .y I .I II I E I� v I �I I t a• I I I I � �j 11 j\ d,�a I I dill its RL �R g 6 I lid /I 1 I---sa_� a @@ IIN @ f��,,,,..,,,, �� J},a vus31'r44i' '•'} - - i ti I � ___________________ I I I I 4`6� �y � P�6(a V � � I� •} of oN;.'` I I I PLANNING COMMISSION MINUTES 4/16/2015 C. Preliminary Plat Preliminary Plat - Maiestia Place (Peter Strizhak) IMF# PP 2015-0011 Chairman Cruz read the master file number and asked for comments from staff. Shane O Neill, Planner I, discussed the preliminary plat application for Majestia Place. The applicant proposes to subdivide 10 1/2 acres into single-family lots. The site is zoned R-1 (Low Density Residential) which permits homes on lots with minimum lot sizes of 7,200 square feet. The lots on this plat range from 7,500sgft-13,000sgft. The subdivision will function as a continuation of the surrounding Broadmoor Estates Subdivision. The staff report contains standard conditions that would be found in most preliminary plats in terms of utilities and storm water. Staff has included a condition to require a 6 foot tall block estate wall along the southern border of the property to match the wall that Mediterranean Villas has on their property. Commissioner Bowers asked if the school impact fee is a set fee of $4,700 per home or if it varies. Mr. O Neill replied that it is a set fee that some of the Planning Commissioners were involved in setting a few years back. There were no public comments and the public hearing closed. Commissioner Kempf moved, seconded by Commissioner Bachart, to close the public hearing on the proposed preliminary plat and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the May 21, 2015 meeting. The motion passed unanimously. Page 90 of 91 PLANNING COMMISSION MINUTES 5/21/2015 A. Preliminary Plat Preliminary Plat for Maiestia Place (Peter Strizhakl (MF# PP 2015-0011 Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, stated that there were no additional comments or changes to the staff report since the previous meeting. Commissioner Portugal moved, seconded by Commissioner Greenaway, to adopt findings of fact and conclusions therefrom as contained in the May 21, 2015 staff report. The motion carred unanimously. Commissioner Portugal moved, seconded by Commissioner Greenaway based on the findings of fact and conclusions, as adopted, the Planning Commission recommend the City Council approve the Preliminary Plat for Majestia Place with conditions as listed in the May 21, 2015 staff report. The motion passed unanimously. 1 Page 91 of 91