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2016.03.07 Council Meeting Packet
Page Regular Meeting 1. CALL TO ORDER: 2. ROLL CALL: AGENDA PASCO CITY COUNCIL 7:00 p.m. (a) Pledge of Allegiance March 7, 2016 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. 5 - 8 (a) Approval of Minutes To approve the Minutes of the Pasco City Council Meeting dated February 16, 2016. 9-10 (b) Bills and Communications To approve claims in the total amount of $9,039,482.83 ($1,908,671.39 in Check Nos. 208452-208749; $6,512,436.88 in Electronic Transfer Nos. 809011-809071, 809079-809154, 809157-809216, 809218-809419, 809495; $27,038.58 in Check Nos. 48981-49007; $584,353.98 in Electronic Transfer Nos. 30091456-30091932; $6,982.00 in Electronic Transfer Nos. 227-230. 11 - 12 (c) Golf Course Project Funding To approve the expenditure of $60,000 for the planting of additional trees and other minor improvements throughout the golf course and, further, authorize the City Manager to make the necessary budget adjustments. 13 -15 (d) 1 Rezone Appeal: Rezone from R-1 (Low Density ) to R-3 (Medium Density) (MF# Z 2015-006) To set 7:00 p.m., April 4, 2016 as the time and date for a closed record hearing to consider the appeal of the Planning Commission recommendation under Master File Number Z 2016-006. 16-41 (e) Franklin County Comprehensive Emergency Management Plan Page 1 of 166 : .. 57-62 Regular Meeting March 7, 2016 To approve Resolution No. 3693, accepting and adopting the 2015 Franklin County Comprehensive Emergency Management Plan. (f) I Street Vacation: A Portion of 24th Ave. (Pasco School District) (MF # VAC 2016-003) To approve Resolution No. 3694, a resolution setting 7:00 P.M., Monday, April 4, 2016, as the time and date to conduct a public hearing to consider vacating a portion of 24th Avenue. (RC) MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGEMENTS: 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: (a) Formation of Local Improvement District 150 - Public Hearing CANCEL PUBLIC HEARING MOTION: I move to cancel the public hearing set in accordance with Resolution No. 3690 establishing Local Improvement District No. 150. Receive update from staff. (b) ® Street Vacation: Unnamed Street in Short Plat 2010-15 (MF# VAC 2015-019) CONDUCT PUBLIC HEARING Page 2 of 166 Regular Meeting March 7, 2016 MOTION: I move to adopt Ordinance No. 4271, an Ordinance vacating the unnamed street right-of-way along the southern boundary of Short Plat 2010-15, and further, authorize publication by summary only. 63-69 (c) E Street Vacation: A Portion of East Clark St. and North Main Ave. (MF# VAC 2015-020) CONDUCT PUBLIC HEARING MOTION: I move to adopt Ordinance No. 4272, an ordinance vacating a portion of East Clark Street and a portion of North Main Avenue, and further, authorize publication by summary only. 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: 70-72 (a) PMC Amendments for Intentional Acts MOTION: I move to adopt Ordinance No. 4273, amending Pasco Municipal Code Chapter 9.44 "Street or Sidewalk Interference" to add the additional component of Intentional Action and, further, authorize publication by summary only. 73-95 (b) E Rezone: R-4 (High Density) to C-1 (Retail Business) (MF# Z 2015- 008) MOTION: I move to adopt Ordinance No. 4274, an ordinance of the City of Pasco, Washington, rezoning a portion of Lots 5 and 6, Short Plat 2003- 021 from R-4 (High- Density Residential) to C-1 (Retail Business) as conditioned with a concomitant agreement limiting driveway locations, and further, authorize publication by summary only. 96-121 (c) ® Preliminary Plat: Columbia Villas, Phase 3 (MF# PP 2015-006) MOTION: I move to approve Resolution No. 3695, a resolution approving a Preliminary Plat for Columbia Villas, Phase 3. 122-143 (d) ® Special Permit: Location of a Modular Building for Senior Services in an I-1 Zone (MF# SP 2016-004) MOTION: I move to approve Resolution No. 3696, a Resolution accepting the Planning Commission's recommendation and approving a Special Permit for the location of a modular building for senior services at 505 North First Avenue. 9. UNFINISHED BUSINESS: 10. NEW BUSINESS: Page 3 of 166 Regular Meeting March 7, 2016 144- 166 (a) Qj Rezone: GESA, C-1 (Retail Business to C-3 (General Business) (MF# Z 2015-007) MOTION: I move to adopt the findings as contained in the Planning Commission report of February 18, 2016 and deny the rezone request under Master File # Z 2016-007. 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: 7:00 a.m., Thursday, March 10 — BFCG Tri -Mats Policy Advisory Committee Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; REBECCA FRANCIK, Alt.) 7:00 p.m., Thursday, March 10 - Ben -Franklin Transit Board Meeting. (MAYOR MATT WATKINS, Rep.; MIKE GARRISON, Alt.) This meeting is broadcast live on PSC -TV Channel 191 on Charter Cable and streamed at www.pasco-wa.jzov/psctvlive. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Page 4 of 166 AGENDA REPORT FOR: City Council TO: Dave Zabell, City Manager FROM: Rick Terway, Director Administrative & Community Services SUBJECT: Approval of Minutes I. REFERENCE(S): Minutes 02.16.16 February 24, 2016 Regular Meeting: 3/7/16 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the Minutes of the Pasco City Council Meeting dated February 16, 2016. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 5 of 166 REGULAR MEETING CALL TO ORDER: MINUTES PASCO CITY COUNCIL FEBRUARY 16, 2016 The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmembers present: Rebecca Francik, Robert Hoffmann, Tom Larsen, Matt Watkins and Al Yenney. Excused: Mike Garrison, Saul Martinez. Staff present: Dave Zabell, City Manager; Stan Strebel, Deputy City Manager; Eric Ferguson, Acting City Attorney; Rick White, Community & Economic Development Director; Ahmad Qayoumi, Public Works Director; Bob Metzger, Police Chief and Bob Gear, Fire Chief. 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 February 1, 2016. Bills and Communications To approve claims in the total amount of $5,907,289.00 ($1,516,260.37 in Check Nos. 208213-28451; $1,747,433.14 in Electronic Transfer Nos. 809009, 809072-809078, 809155-809157, 809217; $29,643.89 in Check Nos. 48953- 48980; $590,832.45 in Electronic Transfer Nos. 30090981-30091455; $2,023,119.15 in Electronic Transfer Nos. 220-226. 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 $206,033.86 and, of that amount, authorize $133,062.60 be turned over for collection. Oregon Ave Corridor - Supplemental Agreement #4 with C142M To approve Supplement #4 of the Professional Services Agreement for the design services of the Oregon Avenue Corridor Project with CH2M and, further, authorize the City Manager to execute the agreement. Street Vacation: A Portion of S. Walnut Ave. (MF# VAC 2016-002) To approve Resolution No. 3691, a resolution setting 7:00 P.M., Monday, March 21, 2016, as the time and date to conduct a public hearing to consider vacating a portion of South Walnut Avenue. MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr. Yenney seconded. Motion carried by unanimous Roll Call vote. VISITORS - OTHER THAN AGENDA ITEMS: Felix Vargas, 900 Rd. 64, commented on the open discussions at the Community Forum and the Zambrano-Montes incident. Page 1 of 3 Page 6 of 166 MINUTES REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 16, 2016 Gabriel Portugal, 804 Rd. 52, representing the Pasco Latino Coalition, discussed district based elections. Jeremy Peterson, 1414 W. 6th Ave., Kennewick, commented on events of the past year and will be presenting some possible solutions this year. REPORTS FROM COMMITTEES AND/OR OFFICERS: Mayor Watkins reported on a LIGO event and the Ben -Franklin Transit Board meeting. Mr. Yenney commented on the large turnout for the Community Forum at TRAC. Ms. Francik attended the Community Forum and the Fire Pension Board meeting. Mr. Hoffmann reported on the BFCG Tri -Mats Policy Advisory Committee meeting. Mr. Larsen attended the Community Forum. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Annexation: Thorne Annexation (MF# ANX 2016-001) Mr. White explained the details of the proposed annexation. Mayor Watkins declared the Public Hearing open to consider the proposed annexation. Following three calls for comments, and there being none, Mayor Watkins declared the Public Hearing closed. MOTION A: Ms. Francik moved to adopt Ordinance No. 4269, an Ordinance relating to annexation and annexing certain real property to the City of Pasco and, further, authorize publication by summary only. Mr. Yenney seconded. Motion carried unanimously. MOTION B: Ms. Francik moved to adopt Ordinance No. 4270, an Ordinance of the City of Pasco, Washington, assigning zoning to the Thorne Annexation Area as recommended by the Planning Commission and, further, authorize publication by summary only. Mr. Yenney seconded. Motion carried unanimously. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Department of Ecology Loan Refinancing Council and staff discussed the details of the proposed Ordinance. MOTION: Ms. Francik moved to adopt Ordinance No. 4268, relating to contracting indebtedness; providing for the issuance, sale and delivery of a not to exceed $4,025,000 principal amount limited tax general obligation bond to provide funds to repay the City's outstanding loan from the Department of Ecology and to pay the costs of issuance and sale of the bond; fixing or setting parameters with respect to certain terms and covenants of the bond; appointing the City's designated representative to approve the final terms of the sale of the Page 2 of 3 Page 7 of 166 MINUTES REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 16, 2016 bond; and providing for other related matters and, further, to authorize publication by summary only. Mr. Hoffmann seconded. Motion carried unanimously. Resolution Supporting Continued Collaboration and Cooperation between Benton and Franklin Counties on Joint Programs, Services or Activities Council and staff discussed the details of the proposed Resolution. MOTION: Mr. Yenney moved to approve Resolution No. 3692, supporting the continued collaboration and cooperation of Benton and Franklin Counties on joint programs, services or activities where economic efficiencies exist. Ms. Francik seconded. Motion carried unanimously. NEW BUSINESS: Water Rescue Program Council and staff discussed the details of the proposed program. Mr. Hoffmann proposed establishing a community fund to supplement the program. Council concurred. MOTION: Mr. Yenney moved to establish a Water Rescue Program within the Pasco Fire Department. Mr. Hoffmann seconded. Motion carried unanimously. Bid Award: Oregon Avenue Waterline Council and staff discussed the details of the proposed project. MOTION: Ms. Francik moved to award the low bid for the Oregon Avenue Waterline project to Big D's Construction of Tri -Cities, Inc. in the amount of $1,091,826.93 and, further, authorize the City Manager to execute the contract documents. Mr. Yenney seconded. Motion carried by unanimous Roll Call vote. MISCELLANEOUS DISCUSSION: Mr. Zabell noted the next Community Forum is February 17th and the Business Forum is February 19th. He also updated Council on the status of the MATRICS project. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:00 p.m. APPROVED: Matt Watkins, Mayor ATTEST: Debra Clark, City Clerk PASSED and APPROVED this 16 day of February, 2016 Page 3 of 3 Page 8 of 166 AGENDA REPORT FOR: City Council TO: Dave Zabell, City Manager FROM: Ron Musson, Interim Finance Manager Administrative & Community Services SUBJECT: Bills and Communications I. REFERENCE(S): Accounts Payable 03.07.16 March 2, 2016 Regular Meeting: 3/7/16 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $9,039,482.83 ($1,908,671.39 in Check Nos. 208452-208749; $6,512,436.88 in Electronic Transfer Nos. 809011-809071, 809079- 809154, 809157-809216, 809218-809419, 809495; $27,038.58 in Check Nos. 48981- 49007; $584,353.98 in Electronic Transfer Nos. 30091456-30091932; $6,982.00 in Electronic Transfer Nos. 227-230. III. FISCAL IMPACT: V. DISCUSSION: Page 9 of 166 CITY OF PASCO Council Meeting of: March 7, 2016 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as described herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such 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, Washington, do hereby certify on this 7 day of March, 2016 that the merchandise or services hereinafter specified have been received and are approved for payment: Claims Bank Payroll Bank Gen'I Bank Electronic Bank Combined Check Numbers 208452-208749 48981-49007 Total Check Amount $1,908,671.39 $27,038.58 Total Checks $ 1,935,709.97 Electronic Transfer Numbers 809011-809071 30091456-30091932 227-230 809079-809154 809157-809216 809218-809419 809495 Total EFT Amount $6,512,436.88 $584,353.98 $6,982.00 $0.00 Total EFTs $ 7,103,772.86 Grand Total $ 9,039,482.83 Councilmember Councilmember SUMMARY OF CLAIMS BY FUND: GENERAL FUND 707,474.88 STREET 29,032.09 ARTERIAL STREET 0.00 STREET OVERLAY 0.00 C.D. BLOCK GRANT 1,010.32 HOME CONSORTIUM GRANT 1,505.37 NSP GRANT 0.00 MARTIN LUTHER KING COMMUNITY CENTER 2,982.68 AMBULANCE SERVICE 27,772.82 CEMETERY 4,535.96 ATHLETIC PROGRAMS 3,336.26 GOLF COURSE 63,672.77 SENIOR CENTER OPERATING 4,354.47 MULTI -MODAL FACILITY 2,123.31 SCHOOL IMPACT FEES 0.00 RIVERSHORE TRAIL & MARINA MAIN 279.05 SPECIAL ASSESSMENT LODGING 15,085.75 LITTER ABATEMENT 1,105.78 REVOLVING ABATEMENT 7,723.58 TRAC DEVELOPMENT & OPERATING 0.00 PARKS 0.00 ECONOMIC DEVELOPMENT 8,229.04 STADIUM/CONVENTION CENTER 10,341.06 LID 0.00 GENERAL CAP PROJECT CONSTRUCTION 736,639.37 UTILITY, WATER/SEWER 6,071,043.81 EQUIPMENT RENTAL - OPERATING GOVERNMENTAL 5,663.43 EQUIPMENT RENTAL - OPERATING BUSINESS 6,840.35 EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL 152.11 EQUIPMENT RENTAL - REPLACEMENT BUSINESS 0.00 MEDICAL/DENTAL INSURANCE 288,912.56 FLEX 34,300.95 PAYROLL CLEARING 1,005,365.06 GRAND TOTAL ALL FUNDS: $ 9,039,482.83 Page 10 of 166 AGENDA REPORT FOR: City Council TO: Dave Zabell, City Manager FROM: Rick Terway, Director Administrative & Community Services SUBJECT: Golf Course Project Funding I. REFERENCE(S): None February 24, 2016 Regular Meeting: 3/7/16 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve the expenditure of $60,000 for the planting of additional trees and other minor improvements throughout the golf course and, further, authorize the City Manager to make the necessary budget adjustments. III. FISCAL IMPACT: $60,000 - Golf Course Ending Fund Balance, transferred to Golf Course 2016 Operating Budget. IV. HISTORY AND FACTS BRIEF: As part of the fiscal management of Sun Willows Golf Course, $150,000 is budgeted into the General Fund to help offset cost of administration and to provide for improvements to the golf course such as new irrigation system, paved cart paths, etc. V. DISCUSSION: The income generated by the golf course is heavily dependent on the weather, which can limit the number of users because of extreme weather or temperatures. In 2015, there was a surplus of revenues. Staff suggests part of that surplus be used to aggressively clear and replace the dead and dying trees on the course. For the last several years, Sun Willows staff has replaced a number of trees. Most of the current dead and dying trees were planted during construction of the golf course in the 1970's and have reached the end of their life cycle. In addition, many of these trees were not native to this area, therefore, have a shorter life span than if they were planted in their Page 11 of 166 native environment. If approved, replacement trees would be selected from species that have been proven successful in this environment. Any remaining funds may be used for other minor repairs and/or improvements to the course. Staff recommends approval of the proposed budget adjustments. This item was discussed at the February 22 Workshop Meeting. Page 12 of 166 AGENDA REPORT FOR: City Council March 1, 2016 TO: Dave Zabell, City Manager Regular Meeting: 3/7/16 Rick White, Director, Community & Economic Development FROM: Dave McDonald, City Planner Community & Economic Development SUBJECT: Rezone Appeal: Rezone from R-1 (Low Density ) to R-3 (Medium Density) (MF# Z 2015-006) I. REFERENCE(S): Vicinity Map II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to set 7:00 p.m., April 4, 2016 as the time and date for a closed record hearing to consider the appeal of the Planning Commission recommendation under Master File Number Z 2016-006. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On January 21, 2016 the Planning Commission held a public hearing to determine whether or not to recommend a rezone for a five acre parcel of land near the corner of Aintree Lane and Aintree Drive. Following conduct of the hearing, the Planning Commission recommended the property in question be rezoned from R-1 (Low -Density Residential) to R-3 (Medium Density Residential) with a concomitant agreement. The concomitant agreement provided a list of mitigating conditions to address concerns raised by adjoining property owners during the January public hearing. Adjoining property owners filed a written appeal of the Planning Commission recommendation. Page 13 of 166 The appeal requires the City Council to set a time and date for a Closed Record Hearing. The earliest date available for a Closed Record Hearing (which provides the necessary notification period and allows for transcript preparation) is April 4, 2016. V. DISCUSSION: The Council will receive a copy of the Planning Commission hearing record about a week before the closed record hearing. Page 14 of 166 Vicinity Item: Rezone R-1 to R-3 Map Applicant: Scott Lybbert N File #. Z 2015-006 _ rPL HILL-6?PTO" ` ^ � �V�h.— M f T-������• ...f —�� .n ` 9 .1�iT�I 9it 1 ' . CITY LIMITS a � WOODBINE DR � VALLEY .VI.EW PL = ti Z y cACr �7 SITE 1P ` F CO Z 41k G - - yd siftJ •� 70 . Rag ARGENT -RD- -` AGENDA REPORT FOR: City Council February 26, 2016 TO: Dave Zabell, City Manager Regular Meeting: 3/7/16 FROM: Stan Strebel, Deputy City Manager SUBJECT: Franklin County Comprehensive Emergency Management Plan I. REFERENCE(S): Resolution Franklin County 2015 Comprehensive Emergency Management Plan II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. , accepting and adopting the 2015 Franklin County Comprehensive Emergency Management Plan. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: Franklin County Emergency Management is required by federal and state law to have a "Comprehensive Emergency Management Plan." This plan defines the methods, procedures and roles and responsibilities for participants in the event of disasters within Franklin County. Periodically, Franklin County Emergency Management finds a need to update the plan. V. DISCUSSION: This item was presented at the February 22 Workshop meeting. Staff recommends Council approve the Resolution. Page 16 of 166 RESOLUTION NO. A RESOLUTION of the City of Pasco, Washington accepting and adopting the 2015 Franklin County Comprehensive Emergency Management Plan. WHEREAS, the City of Pasco is part of an interlocal agreement which establishes Franklin County Emergency Management governed by RCW 38.52.070; and WHEREAS, the Franklin County Comprehensive Emergency Management Plan establishes the framework for an effective system to mitigate emergencies and disasters within the County and its municipalities; and WHEREAS, the plan outlines the roles and responsibilities of the City of Pasco in the event of natural, manmade or technological emergencies or disasters; and WHEREAS, It is important that the City is able to assist its citizens in the event of emergencies or disasters; NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF PASCO, 1. Accepts and adopts the 2015 Franklin County Comprehensive Emergency Management Plan. 2. Will comply with the sections of the plan that address the responsibility of the City of Pasco for emergencies or disasters affecting the City. 3. Recognizes that in the event of a major emergency or disaster outside assistance to the community may take up to 72 hours. The City will prepare itself to operate independently for up to 72 hours. 4. Will encourage the citizens of the City of Pasco to prepare themselves to survive up to 72 hours without assistance of the City, County, State or Federal Government. PASSED by the City Council of the City of Pasco at its regular meeting this 7th day of March 2016. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney Page 17 of 166 Franklin County Comprehensive Enzeixeircy Mann ment Plan Basic Plan FRANKLIN COUNTY COMPREHENSIVE EMERGENCY MANAGEMENT PLAN TABLE OF CONTENTS Title Page Promulgation Memorandum Foreword Distribution List Record of Changes Basic Plan: Introduction 3 Policies 4 Situation 7 Concept of Operations 9 Responsibilities 16 Appendices: Appendix 1 Direction and Control Appendix 1-1 Appendix 2 Public Information Annex 3-1 2-1 Appendix 3 References _Appendix Appendix 3-1 Appendix 4 Definitions and Acronyms Appendix 4-1 Appendix 5 Administration Appendix 5-1 Appendix 6 Training and Exercises „ Appendix 6-1 Appendix 7 Hazard Vulnerability Analysis Appendix 7-1 Appendix 8 Hazardous Weather Appendix 8-1 Annexes: Annex I Pasco Annex 1-1 Annex 2 Connell Annex 2-1 Annex 3 Mesa Annex 3-1 Annex 4 Kahlotus Annex 4-1 Annex 5 Unincorporated - Franklin Count, Annex 5-1 Emergency Support Functions: ESF 1 Transportation ESF 1-1 ESF 2 Communications, Information Systems, and Warning ESF 2-1 ESF 3 Public Works and Engineering ESF 3-1 ESF 4 Firefighting ESF 4-1 ESF 5 Emergency Management ESF 5-1 ESF 6 Mass Care, Housing and Human Services ESF 6-1 ESF 7_ Resource Support ESF 7-1 10I5 - CEMP Page I Page 18 of 166 Franklin County Comprehensive Emei ency Management Plan Basic Plan ESF 8 Public Health and Medical Services ESF 8-1 ESF 8A Mass Fatality Plan ESF 8A-1 ESF 9 Search and Rescue ESF 9-1 ESF 9A Mass Missing Person ESF 9A-1 ESF l0A _ Hazardous Materials Response ESF1Oa-1 ESF l OB United States Department of Ener — RL ESF l Ob -1 ESF 1 OC Radiological Emergency Response: Energy Northwest ESF lOc-1 ESF 11 Agriculture and Natural Resources ESF 11-1 ESF 12 Energy ESF 12-1 ESF 13 Public Safety, Law Enforcement, and Security ESF 13-1 ESF 14 Long Term Community RecoveLy ESF 14-1 ESF 15 Public Affairs ESF 15-1 ESF 20 Militga Su ort to Civil Authorities ESF 20-1 2015 - CEMP Page 2 Page 19 of 166 Franklin County Comprehensive Entergowy Management Plan Basic Plan I. INTRODUCTION A. Mission This plan is issued by the Franklin County Emergency Management Board. The Board is made up of elected representatives of Franklin County, Washington and all incorporated Cities in the County as stipulated by the Inter Local Agreement. The Board's mission is to provide, coordinate and facilitate resources to minimize the impacts of disasters and emergencies on people, property, the environment and the economy of Franklin County and the incorporated Cities within Franklin County. Through planning, coordination, education, training, and community awareness, we will prepare for; respond to; recover from; and mitigate the effects of a disaster for all who live, work or visit here. B. Purpose The purpose of this Comprehensive Emergency Management Plan (CEMP) is to provide a framework for effective utilization of government and private sector resources to mitigate, respond to and recover from emergencies in order to protect the lives, property and environment of the residents of Franklin County. C. Scope The Franklin County Comprehensive Emergency Management Plan (CEMP) is an all hazard plan that is promulgated by the Franklin County Emergency Management Executive Board. This plan is an all -hazards approach to emergency and disaster situations likely to occur in the county, as described in the Franklin County Hazard Identification and Vulnerability Analysis (HIVA, Appendix 7), and provides the foundation for: I . The establishment of an organization and responsibilities for efficient and effective use of government, private sector and volunteer resources. 2. An outline of local government responsibilities in emergency management activities as described under Revised Code of Washington (RCW) 38.52 and other applicable laws. 3. An outline of other participants' responsibilities in emergency management activities as agreed upon by the participating agencies and organizations D. Organization The CEMP utilizes Emergency Support Functions (ESFs), which identify sources for direct assistance and operational support that the state and local jurisdictions may need in order to implement hazard mitigation and preparedness or respond and recover from an emergency or disaster. The CEMP consists of 1. The Basic Plan, which identifies policies and concepts of operations that guide the mitigation, preparedness, response, and recovery activities. 2. The ESFs, which describe the mission, policies, concepts of operation, and responsibilities of primary and support agencies involved in the implementation of activities. 2015 - CEMP Page 3 Page 20 of 166 Franklin County Comprehensive Emergency Management Plan _ Basic Plan The Franklin County Emergency Management Executive Board consists of seven representatives: Two Franklin County Commissioners, the Mayor and City Manager from Pasco or his/her designee, the Mayors of Connell, Mesa and Kahlotus or their designee(s). Franklin County Emergency Management (FCEM) consists of a Director, an Executive Administrator and two Coordinators. The Director reports to and receives direction from the Executive Board. Franklin County Emergency Management is responsible for developing and maintaining the Franklin County CEMP; coordinating within Franklin County and its cities for preparedness planning; maintaining the County Emergency Coordination Center (ECC) along with providing training to staff and responders. H. POLICIES A. Authorities RCW 38.52.070/ WAC 118-30-060 directs each political subdivision of Washington State to establish a local organization for emergency management according to the State emergency management plan and program. Franklin County Emergency Management is established through an Interlocal Cooperative Agreement between Franklin County, The Cities of Pasco, Connell, Mesa and Kahlotus, as authorized by RCW 38.52. B. Responsibilities 1. Franklin County Emergency Management is responsible for maintaining and administering this Plan. The governments of Franklin County and the Cities of Pasco, Connell, Kahlotus and Mesa subscribe to this Plan and are responsible for executing its provisions. Each individual municipality will utilize the National Incident Management System and Incident Command System concepts/principles when developing their jurisdiction specific details emergency operating procedures/guides. 2. Legislative authority of the County Commissioners and City Councils are for: a. Emergency Management (1) Ultimately responsible for the emergency management program and organization and provide overall direction in the development of emergency mitigation, preparedness, response and recovery programs. b. Declaration of Emergency (1) Activation of the appropriate parts of this plan, and certain emergency powers, by declaration of emergency. A declaration of emergency must be made by the local legislative authority to request state or federal assistance Local government resources (1) Ensure that all available local government resources are 2015 - CEMP Page 4 Page 21 of 166 Franklin Cou= CoMrehensive Emergency Management Plan Basic flan utilized to the maximum extent possible. d. Emergency ex enditures (1) Authorize expenditure of funds necessary to combat the disaster, protect health and safety of persons and property, and provide assistance to disaster victims, as appropriate. e. Prioritizing emergency resources (1) Policy Ievel decisions involving the acquisition and distribution of food and water, supplies, equipment and other material when critical shortages exist or are anticipated. f. Impressment of citizens (1) Command the services and equipment of private citizens as necessary in response to the disaster after proclamation by the governor. C. Local government responsibilities 1. In carrying out the provisions of the emergency management program, the legislative authority of the political subdivisions of the state are responsible for utilizing the services, equipment, supplies and facilities of existing departments; and the personnel of such departments are directed to cooperate with the emergency management organization upon request (RCW 38.52.110). a. Chair of Board of County Commissioners / City Mayors (1) Shall act as the single point of contact, for the legislative body of their jurisdiction, for emergency policy decisions. b. Emergency Management Director/Manager (1) Responsible for establishing and maintaining emergency response coordination, including planning, training, development of incident management facilities, dissemination and implementation of plans and coordination of resources. G. Incident Command agencies (1) These agencies have established day-to-day responsibility for specific services within a specific jurisdiction (fire districts and departments, law enforcement agencies, public works departments, etc.). They are also responsible for providing trained incident commanders and staff when required, responsible for management of the emergency response and recovery according to the plan and responsible for establishing direction and control facilities at the incident. d. Participating agencies and organizations (1) Responsible for providing necessary staff in time of emergency, providing emergency funding and resources, 2015 - CEMP Page 5 Page 22 of 166 Franklin County Comprehensive Emergency Management Plan Basic flan providing audit/accounting personnel to track expenses, participate in training and exercises, providing representatives to incident management as a point of contact during emergencies, and committing agency workers, equipment and resources to the cooperative effort. D. Limitations 1. No guarantee is implied by this plan to a perfect response system. Assets are vulnerable to terrorism, natural and technological problems which may limit response. It is the policy of Franklin County to make every reasonable effort within its capabilities to respond to emergencies based on the situation, information and resources available and skill/training level of available responders. 2. This plan is not intended to deal with every potential scenario that may occur during times of emergency, but rather identify the organization, the processes and the responsibilities of the respective participants who may be involved. The possibility of local resources becoming overwhelmed is a reality, the participating jurisdictions can only make a reasonable effort to respond based on the situation(s), information and the resources available at the time of the disaster. 3. The disaster response, relief and recovery activities of the Emergency Management Organization may be limited by: a. Inability of the general citizenry to function on their own for more than three days without additional supplies of water, food, shelter and medical supplies. b. Lack of police, fire, emergency medical services and public works response due to damage to facilities, equipment and shortages of personnel. C. The limited number of public safety responders in a jurisdiction. d. The shortage of trained response personnel and equipment needed to handle a disaster. C. The shortage of critical supplies. £ Damage to essential services and facilities, such as roads, rail, utilities and communication networks. g. Damage to emergency services communication networks. h. The availability of outside assistance and resources. 4. Emergency situations are difficult, if not impossible to predict. The local emergency management system must be flexible and be able to function under a variety of unanticipated complex and unique circumstances. S. There is no guarantee implied by this plan that perfect mitigation, preparation, response, and recovery will be practical or possible. It is the policy of Franklin County to make every reasonable effort within it capabilities to respond to emergencies based on the situation, information, skill/training levels of responders and resources available. 6. This plan does not supersede any state, local or federal laws and/or codes. 2015-CEMP Pale 6 Page 23 of 166 Franklin County Cor=rehensive Emergency Management Plan Basic Plan, 7. All response agencies will utilize their agency's standard operating guides and procedures in accordance with any and all local and state laws/ordinances for response, planning, preparedness and mitigation activities. 8. All response agencies will respond appropriately in accordance with their training credentials, certifications, levels as dictated by their agency's standard operating guidelines and/or procedures. 9. Response agencies will review and suggest updates to the CEMP as their agency's standard operating guides, procedures and training certifications/levels change and impact the overall planning process. III. SITUATION A. Emergency/Disaster Conditions and Hazards I . Franklin County is vulnerable to the damaging effects of natural disasters including drought, earthquake, floods, land movement, severe local storms and volcanic eruptions. Franklin County is also vulnerable to a variety of technological hazards including dam failure, energy emergencies, chemical, radiological and hazardous materials incidents from transportation as well as fixed facilities and both urban and wild land fire. These and other hazards and their potential effects are described in the Hazard Vulnerability Analysis, (HIVA), see appendix 7 in this document. This is a planning tool designed to prepare the agency for the impacts of known and suspected hazard conditions. Vulnerability assessments are also identified in the Franklin County Hazard Mitigation Plan, published separately. 2. Emergencies or disasters could occur in the county at any time causing significant human suffering, injury and death, public and private property damage, environmental degradation, loss of essential services, economic hardships to businesses, families, and individuals and disruption of governmental entities. B. Planning Assumptions This CEMP is based on the fallowing general assumptions: I . Local government officials recognize their responsibilities with regard to public safety and accept them in the implementation of this plan. Coordination exists between emergency response organizations on a daily basis. This interaction is based on the frequent and routine practice of day- to-day responses. Agencies and organizations that support this plan will assist in the planning process and will participate in training classes and exercises which are designed to increase the overall preparedness posture of Franklin County. 2. The primary purpose of this plan is to establish a framework for large scale disasters/emergencies that overwhelm local response capabilities. This plan does not supersede/override any established procedures, 2015 - CEMP Page 7 Page 24 of 166 Franklin County Carnprehensive Emergency Management Plan Basic Plan authorities or standards which have been established for routine local emergencies. 3. Demand on emergency response agencies becomes much greater in times of crisis, and the prioritization of response to an emergency becomes critical. In addition, the resource of many of the supporting public and private organizations, that normally do not interact except in a crisis, need to be mobilized on a cooperative basis. 4. Appropriate local agencies will, within their capabilities according to the four phases of emergency management, prepare for emergencies and disaster to ensure continuity of government, safe keeping of vital records and to mobilize in support of local responders by staffing the EGG. 5. Citizens, businesses, local agencies and industries of the county will utilize their own resources and provide for themselves during the first three days of an emergency or disaster. 6. Pasco Fire Department and Franklin County Fire Protection District #3 are signatories to the Tri -County Fire Mutual Aid Plan which will provide for mutual aid from Benton and Walla Walla Counties. The five fire districts in Franklin County have an agreement which provides mutual aid to each other. Those agreements are hereby incorporated into this document by reference, and are assumed to be a major factor in the coordination of response to emergencies involving fire departments/districts. The Tri - County Mutual Aid Plan is maintained by the Tri -County Fire Chief's Association as a separate document. 7. The Tri -County Mass Casualty Incident Plan is hereby incorporated into this document by reference and is assumed to be a major factor in coordination of response to emergencies involving mass casualty incidents. The Mass Casualty Incident Plan is jointly maintained by FCEM and Benton County Emergency Management and Tri -County EMS as a separate document. S. The Tri -Cities Airport Emergency Plan is also incorporated into this document by reference only and is maintained as a separate document by the airport. 9. The Franklin County Master Mutual Aid Agreement is also incorporated into this document by reference only and is maintained as a separate document by FCEM. 10. Nothing in this plan is intended to diminish the emergency preparedness responsibilities of each participating jurisdiction. Their first priority is to the needs of the citizens within its jurisdiction; and each jurisdiction maintains their right to attend to their own circumstances before committing resources to cooperative disaster response. Participation in the mutual aid agreements is entirely voluntary. Nothing in this plan is intended to diminish the emergency preparedness responsibilities of individual citizens. Circumstances during disasters may not allow immediate response to meet all the needs of the public. Every individual should be prepared and able to provide for themselves during the first three days of an emergency or disaster. A free market economy and existing distribution systems should be maintained as the primary means for continuing operations of the economic and private sector systems. 2015 - CEMP Page 8 Page 25 of 166 Franklin County Comprehensive Ernergena Management Plan _ Basic Plan Normal business procedures may require modification to provide essential resources and services. 11. In situations not specifically addressed in this plan, responding agencies will have to improvise and carry out their responsibilities to the best of their abilities under the circumstances, utilizing their agencies' standard operating guidelines and procedures. 12. When a disaster occurs, or one is imminent, the chief elected official of the impacted jurisdiction will direct that the Franklin County Emergency Management Emergency Coordination Center (ECC) be activated. In most cases this will be on the recommendation of the emergency management director. 13. In a major event the resources within the county will be overwhelmed and outside assistance will need to be requested. Such requests will be made through the Franklin County ECC to the Washington State Military Department, Emergency Management Division (WAEMD)/State Emergency Operations Center (SEOC). 14. There are four phases in emergency management activities. While there may be some overlap generally all activities will be considered to be part of one of the four phases. The phases are mitigation, preparedness, response, and recovery. IV. CONCEPT OF OPERATIONS A. General 1. Emergency Impacts. The emergency conditions identified in the Franklin County Hazard Vulnerability Analysis (Appendix 7) could have a wide range of destructive and disruptive impacts. These include, but are not limited to: a. Injury, death and long-term health degradation to county residents. b. Damage to or destruction of residences, businesses and other private property. C. Damage to public property, utilities and infrastructure. d. Business closure, job losses and disruption of economic activity. C. Environmental degradation with resulting aesthetic, cultural, economic and health impacts. 2. Emergency Operations. If an emergency or disaster situation exceeds the resources and/or capabilities of city or county emergency services and those available through mutual aid agreements, the Chief Elected Official of the jurisdiction affected may issue a declaration of emergency. This declaration authorizes the emergency use of resources and emergency expenditures and activates the emergency plan. Upon request of the Emergency Chairperson, the Emergency Coordination Center will be activated. Elements of local government and response agencies will provide representatives to the Emergency Coordination Center to facilitate the coordination of emergency response activities under the direction of the Emergency Chairperson. 2015 - CEMP Page ge � Page 26 of 166 Franklin Coun Comprehensive Ener enc Mana event Plan .Basic Plan a. The responsibility for leadership and operations during emergency situations is vested in the executive heads of government. b. The FCEM Director is responsible to the executive heads of government for carrying out the emergency management program for the county and municipalities. C. Emergency Management activities in Franklin County are conducted under the universally accepted four emergency management phases of mitigation, preparedness, response and recovery. Mitigation and preparedness are constant and continuous processes. d. This plan reflects the roles and responsibilities of agencies and jurisdictions within the county for emergency management operations. e. Heads of government, non-government agencies, organizations and departments, augmented by trained reserves and volunteers, perform emergency functions as stated in this plan. f. All agencies and organizations will utilize the principles of the National Incident Management System (NIMS) and specifically the policies and procedures in the Incident Command System (ICS) for response. g. Departments will retain their identity and autonomy during disaster operations. When agencies assist each other, personnel will remain under the supervision of their own agency. They will receive mission assignments from the using agency. h. Departments not having an assigned emergency mission will carry out such duties as may be directed by the executive heads of government. i. This plan will make provisions for those actions necessary to minimize injuries and damage and expedite recovery from the effects of a disaster. Priority throughout the emergency period will be the preservation of life and protection of property. 3. Planning and Response Organizations. Franklin County Emergency Management is responsible for carrying out the program for emergency management and coordinating the disaster mitigation, preparedness, and response and recovery efforts of Franklin County, including the cities of Pasco, Connell, Kahlotus and Mesa. Franklin County Emergency Management will compile a Comprehensive Emergency Management Plan that is the overarching document for each of the individual jurisdictions'/agencies detailed response plans/procedures/guides. Primary local support agencies include; a. Franklin County Sheriffs Office, Pasco Police Department and Connell Police Department. 2015 - CEMP Page 10 Page 27 of 166 Franklin County Comprehensive Emergency Management Plan Basic Plan b. Pasco Fire Department, Connell Fire Department, and Five Rural Fire Protection Districts l through 5. C. Franklin County Public Hospital District #1. d. Tri -County Hazardous Materials Response Team. e. Benton -Franklin Health District. f Benton -Franklin Chapter of the American Red Cross. g. Washington. State agencies that are key participants in planning and response for Franklin County include: (1) Washington State Patrol (2) Washington State Health Department (3) Washington State Emergency Management Division (4) Washington State Agriculture Department (5) Washington State Military Department (6) Washington State Ecology Department (7) Washington State DSHS h. Federal agencies that are participants in the Franklin County planning or which may assume significant response roles include: (1) Department of Homeland Security (2) Department of Energy (including all Hanford Site contractors) (3) Federal Emergency Management Agency (4) U.S. Army Corps of Engineers (5) U. S. Coast Guard (6) U. S. Nuclear Regulatory Commission (7) U. S. Department of Agriculture (8) U.S. Environmental Protection Agency 2015 - CEMP Page 11 Page 28 of 166 Franklin County Comprehensive Emergency Management Playa Basic Plan B. Emergency Management Concepts The Emergency Coordination Center. Emergency support and coordination in Franklin County will be directed from the Franklin County Emergency Coordination Center (ECC). The ECC provides work space, communications and information systems, maps, displays and decision aids to support the direction and control of emergency response activities. The ECC has the capacity to support and coordinate Single or Unified Command Operations as events occur in compliance with the National Incident Management System (NIMS). The NIMS structure utilized in the Franklin County ECC is organized by Major Management Activities. 2. Support Agreements. The response capabilities of Franklin County agencies and those from surrounding counties are integrated through several mutual aid and joint -operations agreements. The Tri -Cities Mutual Aid Plan, the Franklin County Master Mutual Aid Agreement, the Southeast Region Fire Mobilization Plan, and the Washington State Fire Services Resource Mobilization Plan provide for local and regional augmentation of firefighting capabilities. Kadlec Medical Center has been designated the Disaster Medical Coordination Center hospital for the Tri - Cities area in the DMCC plan. Law enforcement mutual aid agreements with the Benton and Walla Walla County Sheriffs, Kennewick, Richland and Prosser Police Departments, and other regional law enforcement agencies are available to provide additional support to Franklin County. Support agreements have been established with various local response entities, including the Benton -Franklin Chapter of the American Red Cross, Columbia Basin Dive Rescue, Ben Franklin Transit, and medical centers. If local resources are exhausted, Franklin County may request assistance from the State or Federal governments through the Washington State Emergency Operations Center. C. Direction and Control 1. Incident Command System (ICS) is the basis for all direction, control and coordination of emergency response and recovery efforts conducted under this plan. The authority of the Incident Commander is limited to those powers specifically granted by delegation of authority, statute, legislative authority or derived from the plan. Emergency response and supporting agencies and organizations agree to carry out their objectives in support of the incident command structure to the fullest extent possible. 2. Incident Command Agency and the designation of the incident command agency, and assumption of incident coordination, will follow statutory responsibilities when applicable. Designation of the Incident Commander is made by the legislative authority of the jurisdiction and is based on the following criteria: 2015 - CEMP Page 1 Page 29 of 166 Franklin County Comprehensive Emergency Management Plan Basic Plan a. Specific or implied authority or responsibility within the applicable jurisdiction, or as otherwise identified in this plan. b. Assumption of responsibility by the official agency. 3 Operational direction and control of emergency response and recovery activities will be conducted on -scene by an incident commander. Requests for assistance will be made through normal channels until the ECC has become operational, at which time requests for regional and state assistance and resources should be directed through the ECC. 4 Direction and Control concepts are outlined in ESF 5 — Emergency Management. In the Franklin County Emergency Coordination Center a. The Emergency Chairperson in the ECC is ultimately responsible for direction and control of the emergency management functions. b. The Emergency Chairperson is the Chief Elected Official of the jurisdiction or jurisdictions involved in the emergency. Details of the designation of the Emergency Chairperson are presented in Appendix 1, Direction and Control. The Emergency Chairperson provides direction, using the National Incident Management System (NIMS), to the response agencies through the positions of Emergency Coordination Center Staff. The ECC provides a single coordination point for all the agencies involved in the response to an emergency and also for coordination of emergency information released to the public and media. The ECC staff includes the following positions: Emergency Chairperson, Emergency Manager, Sheriff, Law Enforcement Coordinator, Legal Advisor, Public Information Officer, Benton/Franklin Health Officer, Operations Coordinator, Fire Coordinator, Public Works, Transportation Coordinator, State Liaison, Facility Liaison, and American Red Cross. Some or all of these positions may be filled, or other positions added, depending on the needs of the emergency or disaster. The EOC organization is described in Appendix 1, Direction and Control. 6. The ECC has the ability to notify the general public utilizing a number of systems which include the Emergency Alert System, the Columbia Generating Station/Department of Energy siren systems and the CodeRED mass electronic telephone notification system at the discretion of the Emergency Chairperson. D. Emergency Coordination Facilities The Franklin County Emergency Coordination Center is in the Port of Pasco Building 57,502 W. Boeing St., Pasco, Washington (N 46E 15'34", W 119E 05' 56"). It is occupied by Franklin County Emergency Management. The designated alternate ECC is located in the Franklin County Sheriff's Office in the Public Safety Building. 1015 - CEMP Page 13 Page 30 of 166 Franklin County Comprehensive Emergency Management Plan Basic Plan Each participating jurisdiction and agency designates its own location for direction of its response function. The FCEM staff can and will relocate to any of the jurisdictions party to this plan for integration into any facility they deem appropriate. E. Mitigation Activities Mitigation activities that are specific to individual Emergency Support Functions are identified in the ESFs and the mitigation procedures for individual participating agencies. 1. FCEM will prepare and maintain a Hazard Mitigation Plan (HMP), coordinate with other agencies for management of specific mitigation projects, provide public information on mitigation and coordinate with Washington Emergency Management Division on mitigation issues. 2. All agencies and jurisdictions develop and implement a plan to reduce or alleviate the loss of life, property economy and the environment from natural and human caused hazards. Basic mitigation consideration includes; (1) Removal or elimination of the hazard (2) Reduce or limit the amount or size of the hazard (3) Segregate the hazard from that which is being protected. (4) Establish hazard warning and communication procedures. (5) Conduct training and education, coordinate exercises F. Preparedness Activities Preparedness activities that are specific to individual Emergency Support Functions are identified in the ESFs and the preparedness procedures for individual participating agencies. Franklin County Emergency Management has prepared this CEMP and other plans to help ensure timely and coordinated response to any emergency or disaster. Franklin County Emergency Management also maintains and regularly updates Implementing Procedures for all agencies and organizations that are charged with disaster response under this and other plans. 2. Local agencies and organizations should develop and implement procedures to carry out their responsibilities as outlined in the plan. Lines of authority should be identified and documents for the continuity of government should be protected. Individuals with responsibilities during assessment and mitigation, preparedness, response, and recovery phases should be identified and aware of their emergency responsibilities. 2015 - CEMP Pulte= 14 Page 31 of 166 Franklin County Comprehensive Emergency Management Plan Basic Plan 3. Franklin County Emergency Management helps to coordinate the required NIMS and other training to local emergency responder agencies following guidelines issued by the Department of Homeland Security, the Washington State Military Department/Emergency Management Division and the Federal Emergency Management Agency. This training, coupled with regular drills and exercises of the pians and procedures, provides an enhanced state of readiness for the community. 4. Franklin County Emergency Management regularly participates in events which are designed to provide educational material to the public under the joint Federal Emergency Management Agency/American Red Cross Family Protection Program and FEMA/Department of Homeland Security programs. The goal of these programs are to encourage each individual and family in Franklin County to prepare for disaster by developing a family disaster plan, equipping themselves with a 72 -hour disaster supplies kit, and learning the basic first aid skills necessary for survival in a disaster. G. Response Activities Response activities that are specific to individual Emergency Support Functions are identified in the ESFs and the response procedures for individual participating agencies. Each agencies specific standard operating guides, procedures and policies are the standard by which they will respond. The following are response measures under this plan that apply to all hazards and support functions. Upon request from the Incident Commander, staff the Emergency Coordination Center and functional work centers to provide for reliable and timely communication and coordination of response activities and resources. 2. Assess conditions to determine needed actions to protect people, minimize property damage and economic loss. Identify and deploy material and personnel support to on -scene responders. 4. Identify and activate services to minimize human suffering and loss. If an emergency or disaster situation exceeds the resources and/or capabilities of city or county emergency services and those available through mutual aid agreements, the Chief Elected Official of the jurisdiction affected may issue a declaration of emergency, This authorizes the emergency use of resources and emergency expenditures, activates the emergency plan and implements state response for support. 2015 - CEMP Page 1; Page 32 of 166 Franklin County Comprehensive Emergency Management Plan Basic Plan 6. If local resources are exhausted, requests for assistance from State and/or Federal government will be initiated through the State Emergency Operations Center (EEOC) and/or the State Duty Officer. H. RECOVERY ACTIVITIES Recovery activities that are specific to individual Emergency Support Functions are identified in the ESFs. The following are recovery measures under this plan that apply to all hazards and support functions. 1. Recovery operations will be coordinated through the designated Recovery Team leader in the Emergency Coordination Center. 2. Initial recovery efforts will be directed at returning systems vital to public health and safety to operation immediately after the danger has passed. 3. The goal of long term recovery will be to return the infrastructure of the community to pre -disaster conditions. Assistance with long-term recovery is available from the Federal Emergency Management Agency through a Presidential Disaster Declaration. under Public Law 93-288. Any such long-term recovery efforts will include mitigation efforts that may eliminate the hazard or reduce the impact of a recurrence. V. RESPONSIBILITIES A. General This section gives a summary of responsibilities under the Comprehensive Emergency Management Plan. Details of individual agency and organizational responsibilities are found in the appropriate Emergency Support Functions of this plan, which discuss the functions to be performed in emergency and disaster situations. B. Concept of Operations -Overview The Chairperson of the Board of County Commissioners or the Mayor of any incorporated city is considered the Chief Elected Official of the jurisdiction. The Chief Elected Official (or a person designated by that Official) will report to the Emergency Coordination Center to assume direction and control of activities as the Emergency Chairperson for that jurisdiction in response to the effects of disasters County and/or city departments are assigned coordinated disaster functions according to their normal operational functions and capabilities, and are responsible to prepare procedures in order to fulfill these disaster functions. C. Agency or Department Responsibilities Franklin County Board of County Commissioners a. Proclaim local declaration of emergency as prescribed in RCW 36.40.180. 2015 - CF'MP Page 16 Page 33 of 166 Franklin County Comprehensive Emergency Management Placa Basic Plan b. Establish emergency policies for the county during and emergency or disaster. C. Provide liaison to mayors, other county commissioners or to the Governor in emergency or disaster related matters. d. To request state assistance from either the Governor or other appropriate state agcncies/departments. e. Issue, amend, or rescind necessary orders, rules and regulation to carry out emergency management operations. 2. City Mayors and Councils a. Proclaim local declaration of emergency as prescribed in RCW 35.33.081. b. Establish emergency policies for the respective municipality during and emergency or disaster. c. Provide liaison to mayors, other county commissioners or to the Governor in emergency or disaster related matters. d. Issue, amend, or rescind necessary orders, rules and regulation to carry out emergency management operations. Franklin County Emergency Management Executive Board a. Appoint the Director of Emergency Management and establish the Franklin County Emergency Management organization. b. Promulgate the Franklin County Comprehensive Emergency Management Plan. C. Approve the Franklin County Emergency Management Interlocal Agreement for presentation to each of the signatory municipalities. 4. Emergency Chairperson a. Assume control of emergency operations, and with the advice and assistance of staff, determine appropriate protective actions for the citizens of the city/county. b. Directs the implementation of emergency response and recovery plans, warn and inform the public, declare an emergency if needed, and preserve the continuity of the executive branch of government. C. Issues, amends and rescinds the necessary orders, rules and regulations to carry out emergency management operations, and may if needed, request State or Federal assistance through the Washington State Emergency Operations Center. 5. Emergency Management a. Franklin County Emergency Management is responsible for carrying out the emergency management programs and coordinating the disaster mitigation, preparedness, response and recovery efforts of all areas, both incorporated and unincorporated within Franklin County. 2015 - CEMP Page 17 Page 34 of 166 Franklin County Corn rehe+uive Enwrgency EmergencyManagement Plan Basic Plan b. FCEM will assist in dissemination of emergency messages to the general public. C. FCEM will maintain and operate the Emergency Coordination Center for Franklin County and its incorporated municipalities. d. Upon request from the Incident Commander, FCEM will activate the ECC utilizing a phased response approach with four activation levels: (1) Phase I activation is routine operations or standby. The ECC is ready for activation at a higher level response at any given time. (2) Phase It activation is for enhanced operations (Alert Stage) where an incident could potentially grow to the point where the Incident Commander could need assistance coordinating resources. The most senior FCEM staff will call in additional FCEM staff as needed and appropriate. The ECC staff will continue to monitor and process requests for assistance from the incident. The WA State EOC will be notified and a mission number should be requested by the FCEM ECC. (3) Phase III activation if full ECC operations and all positions should be notified and staffed. The WA State EOC should be notified immediately and a mission number obtained. A number of various ESFs will be activated during this type of event. A declaration of emergency will probably be required at this stage, but ultimately is the decision of the Emergency Chairperson. National Guard assets will probably requested for support. (4) Phase IV is for catastrophic events. Most, if not all, ESFs will be involved in the response. A declaration of emergency will be completed for this event and more than likely the state will issue a declaration of emergency for federal assistance as well. State assets such as the National Guard will be requested. 6. Communications a. The Franklin County Emergency Dispatch Center will assist in dissemination of warning to local governments and the public, and provide notification and updates to emergency response agencies. b. The Franklin County Dispatch Center will coordinate and communicate with the South East COMMunications (SECOMM) center in Benton County for response resource allocations. 7. Law Enforcement a. Maintain law and order within their jurisdictions during times of emergency or disaster. This is accomplished by continuing their normal functions, which include assisting with warning and evacuation of affected areas, providing traffic and crowd control, 2015 - CAMP Page J8 Page 35 of 166 Franklin County Comprehensive Emergency Management Pian Basic Plan and protecting key public officials. Also, providing security for the Emergency Coordination Center and other key facilities. 8. Fire Departments and Fire Protection Districts a. Maintain routine firefighting and rescue services, emergency medical, hazardous material initial scene assessment, isolation, containment, monitoring and decontamination. 9. EMS/North Franklin Hospital District #1 a. Franklin County Public Hospital District #1 is responsible for emergency medical services in the northern portions of Franklin County. b. Some fire districts and city fire departments are responsible for EMS in their jurisdictions. Currently only the City of Pasco and Franklin County Fire District #3 have EMS services other than North Franklin Hospital District #l. C. There are a couple private EMS providers in Franklin County -- American Medical Response (AMR) and MedStar which respond throughout Franklin County. 10. Public Works/Engineers a. City and County Departments of Engineering and/or Public Works are a primary resource during emergency and disaster situations. b. Specifically, they will maintain roads, waterways, bridges, water systems, sewers, and treatment facilities. Provide barricading equipment, assist with rescue operations, and assist with emergency removal and disposal of debris. C. Conduct damage assessment of public facilities, provide inspection of facilities to determine structural condition, provide diking material for hazardous materials, supply fuel for operation of equipment, and coordinate construction management of private labor and equipment. 11. Assessor's Office a. Assist in times of emergency by conducting damage assessments during response and recovery by making special efforts to preserve vital records. 12. Auditor's Office a. Assist the Emergency Chairperson in the administration of disaster related budgets, provide financial record keeping capabilities and establish a system for tracking and documentation of expenses during an emergency. b. Establish a system for removal and safety of public records. 13. Washington State University Cooperative Extension Office a. During mitigation and preparedness phases, provide, in cooperation with regulatory agencies, information and education to 2015 - CEMP Page 19 Page 36 of 166 Franklin County Comprehensive Enrer° enc Management Plan Basic Plan the general public regarding production, diseases in animals and plants, and handling of animals. b. During the response and recovery phases, provide a copy of United States Department of Agriculture's "Damage Assessment Report" to Franklin County Emergency Management. 14. Coroner a. Responsible for emergency morgue facilities, care for the deceased, including identification, mortuary services and notification of the next of kin. Plan for and implement a plan for mass fatality/mortuary services during emergencies. 15. Health District a. Advise the Emergency Chairperson on matters relating to health and safety of the public and emergency workers. b. Coordinate medical and public health services during disaster operations, and ensure that disaster related health effects on the public and emergency workers are kept to a minimum. C. Supervise the food and water quality control program during disasters and will, if needed, manage disease control operations and immunization, and coordinate the disposal of dead animals. 16. Parks and Recreation a. Provide equipment and personnel in support of the response and recovery efforts. Provide park and recreation facilities to be used for mass care, assembly and relocation areas. Provide damage assessment reports of park and recreation facilities. 17. Tri -County Hazardous Materials Response Team a. Provide advice and assistance to the Incident Commander and/or the Emergency Chairperson in controlling and containing hazardous materials releases. b. Respond in Franklin County to the areas that are currently contracted with the Tri -County HAZMAT Team. If possible, negotiate with the responsible party and/or jurisdiction having authority for a fee based response in areas not under contract. 18. Prosecutor and City Attorneys a. Provide legal advice to the Emergency Chairperson and Emergency Coordination Center Staff in the development and execution of emergency plans, procedures and declarations of emergency. Other departments and agencies within Franklin County and its jurisdictions, although not specifically mentioned in the plan, may be asked by the Emergency Chairperson in times of emergency or disaster to provide personnel to other departments as needed, and to perform other emergency tasks as assigned. 2015 - CEMP Page ?ll Page 37 of 166 Franklin County Comprehensive Emergency Management Flan Basic Plan 19. U.S. Army Corps of Engineers — Walla Walla District a. Upon request by officials of the local jurisdiction and the County Emergency Management Director, the Corps of Engineers may serve as a resource provider to emergencies within Franklin County, with the authority to deploy personnel to assist under an all -hazards emergency response. b. Technical, material, and direct assistance are the forms of response the Walla Walla District of the US Army Corps of Engineers can provide to water -related disasters within the County. Technical assistance includes providing guidance on flood fight techniques and emergency construction methods; inspecting flood protection projects and dams to identify problems and recommend corrective measures; and providing hydraulic or hydrologic analysis, geotechnical evaluations, topography and stream data, maps, and historic flood or storm information. Material assistance includes issuing supplies (primarily sandbags) and loaning pumps. Direct assistance includes rescue operations, and on -the -ground flood fight operations. 20. American Red Cross a. Provide food, shelter and first aid to disaster victims and emergency workers, and will coordinate with the Salvation Army and other social agencies to provide individualized assistance to families, b. Coordinate with school districts to provide facilities for Mass Care operations, and will handle welfare inquiries from concerned family members outside of disaster area. 21. The Salvation Army a. Provide food, clothing and other supplies, and counseling and chaplaincy services as needed by disaster victims or emergency workers in coordination with the Red Cross and other relief agencies. 22. Columbia Basin Dive and Rescue a. Perform search, rescue and recovery services for water related emergencies and assist, as needed, in land search and rescue operations_ Will obtain a mission number from the Washington State Duty Officer before responding, either through Franklin County Dispatch or Franklin County Emergency Management. 23. Area Hospitals a, Provide health care and emergency medical services to disaster victims and emergency workers. b. Provide statistical information to the Emergency Coordination Center. 2015 _ CEMP Page -11 Page 38 of 166 Franklin County Comprehensive Emergency Management Plan Basic Plan Jointly activate the Mass Casualty Incident Plan and Disaster Medical Coordination Center plan/procedures with the On -Scene Incident Commander. 24. Public Utility District and electric utilities a. Provide services to restore electrical power on a priority basis, repair damaged generating facilities, and remove downed electrical lines. Possibly asked for support for tree removal to clear roadways. 25. School districts a. School District will provide facilities and personnel for mass care and may be asked to provide buses for transportation support, public information officer support and possible access to school monitoring cameras. 26. Benton- Franklin Transit a. Provide buses and drivers for transportation support if needed and fill the transportation coordinator position in the ECG. 27. Benton -Franklin Humane Society a. Coordinate with Animal Control and the Red Cross to develop plans and procedures for animal response operations. 28. ARES/RACES a. Coordination of emergency communications with emergency management to augment emergency response agencies. VIII. VI. PLAN MAINTENANCE A. This Comprehensive Emergency Management Plan is required by law and is the basis for an integrated system of Emergency Management in Franklin County, in accordance with the requirements of RCW 38.52 and WAC 118. B. This plan, at a minimum, will be reviewed on a four-year cycle or in compliance with future applicable regulations. C. This plan and Franklin County Emergency Management procedures will also be reviewed after emergency exercises and actual occurrences that implement portions of this plan. D. This plan is the documentation of the planning process and as such needs to be a product of that process, and it is essential this be accomplished with the input and cooperation of all participants. E. Local agency and organization actions support the overall emergency management function in the County. The operating procedures of those agencies and organizations, when coordinated and integrated with the CEMP form the backbone of the operational concept of the Emergency Management Organization. 2015 - CEMP Page 22 Page 39 of 166 Franklin County Compreliensive Emergency Management Plan Basic Plan F. NIMS Integration 1. NIMS is a system mandated by Homeland Security Presidential Directive- s (HSPD-5) that provides a consistent, nationwide approach for Federal,. State, local, and tribal governments; the private sector; and non- governmental organizations (NGOs) to effectively and efficiently work together to prepare for, respond to, and recover from domestic incidents, regardless of cause, size, or complexity. 1 To provide for interoperability and compatibility among Federal, State, local, and tribal capabilities, the NIMS includes a core set of concepts, principles, and terminology. 3. In accordance with NIMS, Franklin County has integrated the system in all phases of its planning and operations. G. Franklin County Emergency Management 1. Maintain the record of changes for the CEMP. 2. Coordinate with local agencies in the development, review and maintenance of the ESFs that contain agency responsibilities, 3. Review the entire CEMP on a five-year cycle, with a general updates of the plan annually. 4. Coordinate the critiques and reviews of exercises and actual events to address specific functional elements of the CEMP, and make necessary and appropriate revisions. S. Assist local agencies and organizations in the development and maintenance of their jurisdiction's specific emergency plans/procedures. 2015 - CEMP pqg e 2 7 Page 40 of 166 Page 41 of 166 AGENDA REPORT FOR: City Council March 2, 2016 TO: Dave Zabell, City Manager Regular Meeting: 3/7/16 Rick White, director, Community & Economic Development FROM: Dave McDonald, City Planner Community & Economic Development SUBJECT: Street Vacation: A Portion of 24th Ave. (Pasco School District) (MF # VAC 2016-003) I. REFERENCE(S): Overview Map Vicinity Map Proposed Resolution Vacation Petition II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. , a resolution setting 7:00 P.M., Monday, April 4, 2016, as the time and date to conduct a public hearing to consider vacating a portion of 24th Avenue. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The Pasco School District has been working towards improving the parking situation and general site layout of Stevens Middle School for several years. The 1960's era Stevens site no longer functions adequately for today's school needs. In 2013 voters approved a bond which include funding to make site improvements at Stevens Middle School. In April of 2015 Staff provided the Council with an update on the School District's plans for Stevens Middle School. The first phase of the District's plan was completed about two years ago with the construction of a new parking lot on 22nd Avenue. The next phase of the plan involves redesigning the sports fields on the west side of the school. As explained in April of last year this work will require the vacation of 24th Page 42 of 166 Avenue between Marie Street and Octave Street. The School District recently submitted a street vacation petition requesting the vacation of a portion of 24th Avenue. The petition requires the City Council to fix a public hearing to consider the vacation request. The earliest regular Council meeting for a public hearing, which provides the statutory 20 -day hearing notice, is April 4, 2016. V. DISCUSSION: In September of 2015 the Council approved a Special Permit for the general layout of future improvements to Stevens Middle School. The proposed improvements included the vacation of 24th Avenue. Page 43 of 166 . . Vicinity Item: Street Vacation - Pm. of 24th A Applicant: Pasco School District Map File #: VAC 2016-003 x � 4 k*1 RESOLUTION NO. A RESOLUTION SETTING 7:00 PM, MONDAY, APRIL 4, 2016 AS THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER VACATING A PORTION OF 24TH AVENUE WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate easements; and WHEREAS, R.C.W. 35.79 requires public hearings on vacations to be fixed by Resolution, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That a public hearing to consider vacating that portion of 24th Avenue located between west Marie Street and West Octave Street, will be held before the City Council of the City of Pasco in the Council Chambers at 525 N. Third Avenue, Pasco, Washington, at the hour of 7:00 p.m., on April 4, 2016. That the City Clerk of the City of Pasco give notice of said public hearing as required by law. Passed by the City Council of the City of Pasco this 7t" day of March, 2016. Matt Watkins Mayor ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney Page 46 of 166 Exhibit Item: Street Vacation - Ptn. of 24th Ave Applicant: Pasco School District N � File #: VAC 2016-003 MARIE ST Z//100 SITE OCTAVE ST E 60' w �C r CITY OF PASCO FEE $200 STREET/ALLEY VACATION PETITION MASTER FILE # DATE SUBMITTED: I, we the undersigned, owners of two-thirds of the privately owned abutting property hereby petition the City Council of the City of Pasco to vacate the following described street/ alley rights-of-way: All of 24th Avenue between south line of West Marie and the north line of West Octave APPLICANT: Print Name: Pasco School. District Sign Name: Kim Marsh Address: 1215 West Lewis street Phone # 543-6096 Date Print Name: Kim Marsh PROPERTY OWNED (Legal Description) Franklin County Tax Parcel Nos.: 119-341-114 and 199-332-080 Construction Project Manager Sign Name: RrLfi('M... Dat. ZiZQr�, Print Name: TAAMS'L+ Sign Name: Date Page 48 of 166 AGENDA REPORT FOR: City Council TO: Dave Zabell, City Manager FROM: Ahmad Qayoumi, Director Public Works February 10, 2016 Regular Meeting: 3/7/16 SUBJECT: Formation of Local Improvement District 150 - Public Hearing I. REFERENCE(S): Vicinity Map Resolution 3690 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: CANCEL PUBLIC HEARING MOTION: I move to cancel the public hearing set in accordance with Resolution No. 3690 establishing Local Improvement District No. 150. Receive update from staff. III. FISCAL IMPACT: Upon formation of the LID, design costs of approximately $900,000 are anticipated in 2016. The design cost will be financed thru interim financing/a loan to be reimbursed with the future issuance of LID Bonds, along with other project costs. IV. HISTORY AND FACTS BRIEF: By Resolution No. 3690 adopted February 1, 2016, the City Council declared its intention to order the improvement of Chapel Hill Boulevard from Road 68 to Road 84, including the intersection with Road 76, and Road 76 from Argent Road to Chapel Hill Boulevard, with full roadway improvements that include road construction to three - lane and five -lane design, curb, gutter, sidewalk, storm drain system, street lighting, bike lanes and landscaping. Resolution No. 3690 fixed March 7, 2016, at 7:00 p.m., local time, in the City Council Chambers of the City Hall for the Public Hearing. Page 49 of 166 As background, per Council direction, representatives of the City and Department of Natural Resources (DNR) have been working for a number of years to create opportunities for the sale and development of the DNR property situated west of Road 68, south of I-182, east of Road 84 and north of Argent Road. The property encompasses an area of approximately 350 acres and has been farmed for a number of years. The property is surrounded by development and is situated in a prime location for commercial and residential development. As part of a planning effort on the part of the City and DNR, in 2014 a 5% design roadway alignment for Chapel Hill and Road 76 was completed. In the summer of 2015, approximately 260 acres of the residential portion of the property was advertised for auction with no bids submitted through the process. V. DISCUSSION: In evaluating the results of the auction it became apparent that the lack of a plan for development of the necessary public infrastructure to serve this large area served to discourage interest on the part of prospective investors. Our research into the aforementioned question has confirmed that the marketability and value of the DNR properties, both for sale and future lease by DNR, are increased dramatically by a solid plan for financing and construction the major public infrastructure necessary to develop the property. While invaluable to both the marketing of the property and in hastening its development, at an estimated cost in excess of just under $11 million, these improvements are expensive. City staff has been working with DNR to address the funding challenge, and to varying degrees those efforts have necessarily involved the State Legislature, Franklin County and the Port of Pasco. The approach has evolved over the past several months and even weeks as both agencies have looked for opportunities to ease the path forward and build momentum for this project. Currently, the thinking is to pursue a three -pronged approach to infrastructure financing: 1. Local Improvement District (LID) - the City and DNR have been moving forward with an LID as a funding mechanism for the aforementioned improvements. Given the value of the land and the estimated cost of the improvements, capturing the cost of the improvements entirely through an LID could prove to be too great a burden on the property and adversely impact its marketability. We are consulting with DNR and other professionals to develop a better sense of what the market will tolerate. 2. Legislation HB 2842 - Several weeks ago discussion with our legislative delegations from the 9th and 16th legislative districts led to proposed legislation, specifically HB 2842. The bill is narrowly focused and would allow the use of local property tax revenue generated from the transfer of DNR land from public to private ownership to help fund the infrastructure improvements necessary to develop the Road Page 50 of 166 68 property. This source of funds involves financial sacrifices from the City of Pasco, Franklin County and the Port of Pasco, in order of magnitude. The local agencies would forgo anticipated revenues, which instead would finance infrastructure improvements for a period of time. Once and if it is known this tool will be available, which will occur by the end of the current legislative session, the three agencies will meet to discuss the specifics of "how much and how long" in terms of how much tax will be utilized to finance the improvements and for what period. 3. State Grant — The upcoming Transportation Improvement Board grant cycle holds the potential for additional resources toward the cost of the roadway portion of the proposed public infrastructure improvements to the property. While a competitive process, the connection this proposed segment of Chapel Hill Boulevard creates between Road 68 and significant development to the west, and the economic development potential of the current DNR properties, make this an attractive project for this particular program. The scope of the project is also being reviewed as a means of reducing the cost of the project. Eliminating the Road 76 portion of the project would result in significantly less cost and corresponding debt for the project. The level of creativity and innovation introduced into the project in the weeks since passage of Resolution 3690 have resulted in dynamics that may cause the LID funding requirements to change significantly, in a positive direction. While beneficial in the long term, these more recent efforts have added complexity to the LID approach, which makes the case for a brief pause in moving forward with the LID to await the outcome of HB 2842 and sort through other smaller matters. Staff is recommending cancellation of the public hearing in order to evaluate new information which could positively impact the project and to include said information for future consideration of the City Council. Staff will re-initiate the process for moving LID 150 forward in the near future. Page 51 of 166 CURVE TABLE LINE TABLE AMENDMENT N 89'15'45" E 2625.87'_ _ CURVE DELTA ANGLE RADIUS ARC LENGTH LINE BEARING DISTANCE CI 5'40'00" 537.28' 53.14' L1 S 76'37'50" E 36.41' PASCO 16 6 tsso' c2 9'zo'ao" 442.59 72.10' L2 S 70.57.50" E 1064.42' SEGREGATION SURVEY C3 26'40'00" 143.32' 66.70' L3 S 61'3750" E 192.19' C410'50'00" 313.65' 59.30' L4 S 61'3750" E 94.85' S 6 CS 20'40'00" 83.30' 30.05' L5 5 88'17'50" E 96.38' 6S6• C5 25'10'00" 83.32 36.60' L6 N 80'52'10" E 107.96' IS•'F - C7 20'50'00" 171.79' 62 46' L7 5 78'27'50" E 40.37' 4 50 Bsq 9 o C8 35'30'00" 143.39' 88.84' LB 5 53'17'50" E 87.37' r 'z8' 1 11 C9 28'20'00" 6445' 31.87' L9 S 74'07 50 E 38.20' THIS SEGREGATION SURVEY IS TO N CID 27'30'00" 64.42' 30.92 710 N 70'22'10" E 127.55' AMEND AND REPLACE ILEO"PASL 16 `R50' S se.N•Q/F< 3864, S Cit 1'25'15" 110.97' 2.97' L11 S 81'1750" E 316.05' SEGREGATION SURVEY FILED UNDER � 4z •. /'//[[ p MggG, 3 C12 6447'11" 500.00' 565.37' L12 S 53'47'50" E 83.51' AFN. 1828912 RECORDS OF 50' f T �(VD fq Ry, NSA+ oC13 85'39'07" 550.00' 822.20' L13 S 52'54'05" E 206.16' FRANKLIN COUNTY, WASHINGTON. \� 82B,5j,\ MgpO B2C14 554807" 550.00' 535.66' L14 S 6656'15" E 100.00' THE NEW LOT CONFIGURATION C q,CL( C15 53'26'29" 500.00' 466.36' Lis 5 66'56'15" E 270.00' CREATES 7 LOTS INSTEAD OF 11 i0- q/f0 C16 38'57'45" 900.00' 61202' L16 S 68'38'07" E 143.05' LOTS. 7 9A C17 21'29'49" 520.00' 195.10' L17 S 44'1640" E 133.64' �100 cis 41'40'42" 540.00' 392.81' Lis N 86'23'21" E 173.44' R/W FOR INGRESS, EGRESS AND UTILITIES C19 26'13'19" 340.00' 155.60' L19 N 78'2030" E 100.00' C20 39'53'32" 490.00' 341.16' L20 S 8729'37" E 87.36' 1"= 400 FEET 11 \\ i o JT Clq C21 02'54'18" 2865.00' 145.26' L21 S 87'29'37" E 7.61' Q 41S L22 N 24'31'45" W 1 85.64 1 0 200 400 800 0 o // \ 1 L1 6 WASHINGTON COORDINATE SYSTEM LOT 1 i \ SOUTH ZONE, NA083191 N 37.86 Ac 7res I ,s BASIS OF BEARING: EQUIPMENT AND PROCEDURES. m o I WASHINGTON COORDINATE SYSTEM NAD 83/91 SOUTH ZONE DATA TRIMBLE R8/2 GPS RECEIVER. INITIAL CONTROL POINTS z / FROM FRANKLIN REGIONAL INFORMATION SYSTEM PROJECT WERE ESTABLISHED FROM TIES TO THE WSRN NETWORK CONTROL POINT N0. 1511 N: 341159.34 E. 1974390.99 AN THEN CONSTRAINED TO FRANKLIN REGIONAL CONTROL LOT �' o 3 ,ham1969027,01POINT NO'S: 1511 AND 1507. CORNERS WERE DUALLY TIED TO M CONTROL POINT N0, 1507 N: 339246.30 E ESTABLISH 2 MEASUREMENTS. THE RELATIVE ACCURACY 102.72 Acres o N 89'17'14" E 1319.62 - STANDARDS WERE MET AS SPECIFIED IN WAC 332-130-080. n 2 0 E E DISTANCES SHOWN ARE GROUND DISTANCE X40' R/W FOR INGRESSh030 COMBINED SCALE FACTOR = 0.99991342 EGRESS AND UTILITIES 1 I N 6 NN n' -N 65 +E ,� LEGEND: LOT 3 LOT 7 tio' ►�� • FOUND MONUMENT. 5 00'32'53" W o R ^ w \ a 59.50 Acres �' •� 21.47 Acres \ \\ 265.06' C, 0 CALCULATED CORNER \� R50' R50" �I L21 C18 Lis Lig O FOUND RERARS NOT ACCEPTED 1322.08' ��� 89'17'14" W 2642.59' 4" E^ 22644.16' L2a 'ice 1 N 11'17'11' !'� FOUND ROADWAY MONUMENTS R50' 40 - 40 Ig IA / SEE SHEET 3 FOR CORNER NOTES �n o R50' Imo- NI�� / SEE SHEET 3 FOR EASEMENT NOTES rm m 100' R/W FOR INGRESS, 1 T,3 50 EGRESS AND UTILITIES a �� _____S � _ _ CHAPEL HILL N j oll ° w a 2 o _ -s Bsm's9" / \ 50 �- _356,76'_ _ _ _ E 1285.87'c -92911 _ _� s .81' = 167 .93'---- _ --- LOT 4 N r� \= __ X11 \\\ o / / \ I COMMISSIONERSNGTONCERTIFICATION �zg 80' R/W FOR INGRESS. I� 38.09 Acres 6 1 I STATE OF WASHINGTON EGRESS\NO UTILITIES -I z / / I COUNTY OF THURSTON 13.11 ACRES E �16IF 7sIN, 59>•� / 1046.97' 1 " N RP I, PETER GOLDMARK, COMMISSIONER OF LANDS ACTING FOR THE DEPARTMENT o T \ COERTIFYF NANRAL RESOURCES, IN AND FOR THEHE STATE OF WASHINGTON, DO HEREBY THAT THE MAP ENTITLED "AMENDMENT PASCO 16 SEGREGATION SURVEY UPON WHICH CZ /3 L7 -_3-_ / /vi N \ 1 THIS CERTIFICATE IS INSCRIBED, IS PREPARED PURSUANT TO THE PROVISIONS OF o 2 -- - _ y'c N 34'40'19" E RADIAL 1 1 WASHINGTON STATE LAWS, 2013 2ND SPECIAL SESSION, CHAPTER 19, SECTION 3238 I C3 C4 C5C6 ``�� '� L 712 110,97'FOR THE DEPARTMENT OF NATURAL RESOURCES AND PER CHAPTER 79.11 ROW. L4 C>� / C9 IT IS ALSO NOTED THAT A DULY AUTHENTICATED COPY OF THIS MAP SHALL BE FILED _ I Lg CB / / 0>0 _ _ - - -- _ i IN THE OFFICE OF THE COUNTY AUDITOR OF FRANKLIN COUNTY, WASHINGTON. THE m '�? a w `�\\` i _ ORIGINAL COPY SHALL BE FILED IN THE OFFICE OF THE COMMISSIONER OF PUBLIC ,2 III m 3 I / / oil c _ w LANDS AT OLYMPIA, WA. Q SEE SHEET 2 f o z LOT 0 FOR DETAIL 3 / / _ b 2015ES5 MY HAND AND OFFICIAL SEAL THE DAY OF 30.05 Acres / o RIGOR CR -2446) 30'- �-- 30'(DNR CR -2446) 3� Q / �0 / - - - - - - - - - - - 8 R W PIPE LINE EASEMENT 50- \ ' � - - _ LIL 1315R50'.49' TO C/L PROPOSED NEW ROAD= 1330.33'---- - S 891744" W 1330.40' I / N 89'1804 E 1330.13 ARGENT ROAD 30' (DNR OR / TVN, R,29E. - (DNF CR -2446) 3Q N 89'18'23" E 132979' i6 PETER GOLDMARK COMMISSIONER OF PUBLIC LANDS AUDITOR'S CERTIFICATE SURVEYOR'S CERTIFICATE L...Ep SEGREGATION SURVEY IN SECTION 16 PASCO 16 FIELD CREW. LINK SEILER EDWAROS FILED FOR RECORD THIS DAY OF 2016 THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS ��Ao1' re4sy 5.4p o d �'. TOWNSHIP 09 NORTH, RANGE 29 EAST, W M. A7 M. IN BOOK OF SURVEYS AT PAGE OF THE SURVEY RECORDING ACT AT THE REQUEST OF THE �.N ,STATE OF WASHINGTON FIELD BOOK: SEI 1/06/2016 AT THE REQUEST OF THE WASHINGTON STATE DEPARTMENT OF ESo WASHINGTON STATE DEPARTMENT OF NATURAL RESOURCE NATURAL RESOURCES.£C19TE44.9. IN JANUARY, tole w DEPARTMENT OF NATURAL RESOURCES 45158Q RYNEA L. EDWARDS CERTIFICATE NUMBER rONgt LAN�SJ LAND SURVEY SECTION-P.O. BOX 47030 OLYMPIA, WASHINGTON 98504-7030 (360)902-1206 X84-8.2 SHEET I OF 3 FRANKLIN COUNTY DEPUTY AUDITOR AUDITOR'S FILE NUMBER CITY OF PASCO, WASHINGTON RESOLUTION NO. �9 0 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, RELATING TO PUBLIC IMPROVEMENTS; DECLARING ITS INTENTION TO ORDER THE IMPROVEMENTS OF CHAPEL HILL BOULEVARD (FROM ROAD 68 TO ROAD 84, INCLUDING THE INTERSECTION WITH ROAD 76, AND ROAD 76 FROM ARGENT ROAD TO CHAPEL HILL BOULEVARD) TO CREATE A LOCAL IMPROVEMENT DISTRICT TO ASSESS THE COST AND EXPENSE OF CARRYING OUT THOSE IMPROVEMENTS AGAINST THE PROPERTY SPECIALLY BENEFITTED THEREBY; AND, NOTIFYING ALL PERSONS WHO DESIRE TO OBJECT TO THE IMPROVEMENTS TO APPEAR AND PRESENT THEIR OBJECTIONS AT A HEARING BEFORE THE CITY COUNCIL TO BE HELD ON MARCH 7, 2016. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, as follows: Section I. It is the intention of the City Council of the City of Pasco, Washington, to order the improvement of the property within the area described in Exhibit A, by the improvement of Chapel Hill Boulevard (from Road 68 to Road 84, including the intersection with Road 76, and Road 76 from Argent Road to Chapel Hill Boulevard). The improvements are more fully described in Exhibit B, and consist of full roadway improvements that includes road construction to three lane and five lane design, curb, gutter, sidewalk, storm drain system, street lighting, bike lanes and landscaping (collectively, the "Improvements"). The referenced Exhibits A and B are attached hereto and by this reference made a part hereof: All of the foregoing Improvements shall be in accordance with the plans and specifications therefore prepared by the City Engineer of the City and may be modified by the City as long as that modification does not affect the purpose of the improvements. Section 2. The total estimated cost and expense of the Improvements is declared to be $13,427,125, of which an estimated $13,427,125 million shall be borne by and assessed against the property specially benefited by the Improvements to be included in a local improvement district to be established and embracing as nearly as practicable all the property specially benefited by the Improvements. Actual assessments may vary from estimated assessments as long as they do not exceed a figure equal to the increased true and fair value the Improvements add to the property. Section 3. The City Clerk is authorized and directed to give notice of the adoption of this resolution and of the date, time and place fixed herein for the public hearing to each owner or reputed owner of any lot, tract, parcel of land or other property within the proposed local improvement district by mailing such notice at least fifteen days before the date fixed for public hearing to the owner or reputed owner of the property as shown on the rolls of the Franklin County Assessor at the address shown thereon, as required by law. This resolution also shall be published in its entirety in at least two consecutive issues of the official newspaper of the City, the date of the first publication to be at least 15 days prior to the date fixed herein for the public hearing. Section 4. All persons who may desire to object to the Improvements are notified to appear and present those objections at a hearing before the City Council to be held in the Council Chambers in the City Hall, 525 N. 3rd Avenue, Pasco, Washington, at 7:00 p.m. on March 7, 2016, which time and place are fixed for hearing all matters relating to the Improvements and all objections thereto and for determining the method of payment for the Improvements. All persons who object thereto should appear and present their objections at that hearing. Any person who may desire to file a written protest with the City Council may do so within 30 days after the date of passage of the ordinance ordering the Improvements in the event the local improvement district is formed. The written protest should be signed by the property owner and should include the legal description of the property for which the protest is filed and that protest should be delivered to the City Clerk. The City Engineer is directed to submit to the City Council on or prior to March 7, 2016, all data and information required by law to be submitted. The foregoing resolution was ADOPTED by the City Council of the City of Pasco, Washington, at a regular open public meeting thereof this 1St day of February, 2016. Matt Watkins, Mayor ATTEST: Debra L. Clark, City Cle APPROVED AS TO FORM: Leland B. Kerr, City Attorney e F �� EsFz oo dP^>u a agpeg13 i Rig gq RU U12� 33 �i S y2Gm � _1_ Uf �ivS ILII a=�'a 2 U '"�2ia�i� �m ado m9tA'"�g8R�Rn8m^� ab ua 1 t � x � C� �3 "� 3q 1 _ .LL'B/fl 3,lC,SZAON w ,09"9lft 3.f1.9ZA0 N O w m wwwwwwwwwwwww w wwwws 3 — �" E. �Rn$�n$���o.r Rn.^, "1 b .. 1 � ♦ -I o � 1� � Fw �� A^o µOpep—_.yp'--"11 ..,o•ni' w m ,.� �m _� � n � a Wim n Q in F 4-J LU Improvements to Chapel Hill Boulevard (Road 68 to Road 84) and Road 76 (Argent Road to Chapel Hill Boulevard) Chapel Hill Boulevard Measurements Length(Roadway) 6600 Curbs LF 13860 Sidewalk (SY) 10780 Street Lights each 92 Striping LS 1 Landscaping LS 1 Median Curbs (LF) 7000 Pavement (SY) 48400 Embankment (CY) 48889 Excavation (CY) 48889 Water line (16") 6600 Irrigation 16" 6600 Sanitary Sewer 15") 6600 Storm Water LS 1 Traffic Signals Each 5 Mobilization 5% Desi (10%) Construction Management 10% Contingency 15% Road 76 Measurements Length 2900 Curbs LF 6090 Sidewalk (SY) 4737 Street Lights each 41 Striping LS 1 Landscaping (LS) 1 Median Curbs LF 4000 Pavement (SY) 21267 Embankment (CY) 21481 Excavation CY 21481 Water line 16") 3000 Irrigation (16") 3000 Sanitary Sewer (15") 3000 Storm Water LS 1 Traffic Signals Each 2 Mobilization (5% Desi 10% Construction Management 10% Contingency (15%) EXHIBIT B Page 56 of 166 AGENDA REPORT FOR: City Council March 2, 2016 TO: Dave Zabell, City Manager Regular Meeting: 3/7/16 Rick White, Director Community & Economic Development FROM: Dave McDonald, City Planner Community & Economic Development SUBJECT: Street Vacation: Unnamed Street in Short Plat 2010-15 (MF# VAC 2015-019) I. REFERENCE(S): Overview Map Vicinity Map Proposed Ordinance IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: CONDUCT PUBLIC HEARING MOTION: I move to adopt Ordinance No. , an Ordinance vacating the unnamed street right-of-way along the southern boundary of Short Plat 2010-15, and further, authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: Steve Hanson, the owner of the three lots within Short Plat 2010-15, petitioned for the vacation of the undeveloped street right-of-way along the southern boundary of said Short Plat. As previously recommended, the City Council set March 7, 2016 as the date to consider the proposed vacation. V. DISCUSSION: Page 57 of 166 Short Plat 2010-15 was annexed to the City in 2015 as part of the Road 80 Annexation Area. As the result of annexations the City often inherits odd fragment developments along with substandard street right-of-way. This is the case with Short Plat 2010-15. The County permitted this short plat to develop with a combination of access easements and a partial right-of-way. The right-of-way was never named, never developed and serves only as a private driveway. The right-of-way terminates in the Livingston Elementary School playfield making it highly unlikely it will ever extend beyond the short plat. The right-of-way is of little public utility and as a result the property owner is requesting it be vacated. Page 58 of 166 Vicinity Item: Vacating Street in Short Plat 20 10-1 Applicant: Steven Hanson N- Map File #: VAC 2015-019 i 1 :1 - —�' ` JL a Y SKF i _.e_ y r . .. rip" • . 30' 649.8' SITE n r Cn t WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3' Pasco, WA 99301 ORDINANCE NO. AN ORDINANCE VACATING THE UNNAMED STREET RIGHT-OF-WAY ALONG THE SOUTHERN BOUNDARY OF SHORT PLAT 2010-15. WHEREAS, a qualified petition has been submitted to the City Council of the City of Pasco requesting vacation of certain public rights-of-way within the City of Pasco; and WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way; and WHEREAS, all steps and procedures required by law to vacate said right-of-way have been duly taken and performed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That all of the unnamed right-of-way included in and along the southern boundary of Short Plat 2010-15, as depicted in Exhibit "1" be and the same is hereby vacated. Section 2. That a certified copy of this ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County, Washington. Section 3. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, this 7th day of March 2016. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney 1 Page 61 of 166 Exhibit Item' Vacating Street in Short P Applicant: Steven Hanson #1 File #: VAC 2015-019 30E77\\\7777777777:ZL I-- 649.8' SITE lat 20 10-1 r Cn 1 AGENDA REPORT FOR: City Council March 2, 2016 TO: Dave Zabell, City Manager Regular Meeting: 3/7/16 Rick White, Director, Community & Economic Development FROM: Dave McDonald, City Planner Community & Economic Development SUBJECT: Street Vacation: A Portion of East Clark St. and North Main Ave. (MF# VAC 2015-020) I. REFERENCE(S): Overview Map Vicinity Map Proposed Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: CONDUCT PUBLIC HEARING MOTION: I move to adopt Ordinance No. , an ordinance vacating a portion of East Clark Street and a portion of North Main Avenue, and further, authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The owner of 1220 East Clark Street petitioned for the vacation of the excess East Clark Street and North Main Avenue right-of-way adjacent to Block 119 Pasco Land Company's First Addition and Longs First Addition. As previously recommended, the City Council set March 7, 2016 as the date to consider the proposed vacation. V. DISCUSSION: Page 63 of 166 Both North Main and East Clark Street were platted over 100 years ago and contain 80 feet of right-of-way. The current standard for local access streets is 60 feet. The north side of East Clark Street was vacated in 2007 facilitating the expansion of Cantu Trucking. An easement will need to be retained for the benefit of existing PUD facilities that overhang into the area proposed for vacation. Page 64 of 166 Overvie Item: Street Vacation - Ptn. of Clark/Mai w Map2015-020 n Applicant: Baber Mohammad N File #: VAC - N. 9 , 1 v o `. K, - � ALVINA ST LU O Q Z T { SITE OA �i x ^ �V _ � '.":✓ � � 3. k, �'�� � � � �' \, �'� . �y� a �yj!'� � � '� / CD ^ a Gp -7z- G Vicinity Item: Street Vacation - Ptn. of Clark/Main Map Applicant: Baber Mohammad N File #. VAC 2015-020 r h Y 7Z SITES v � � '� p WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3rd Pasco, WA 99301 ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF EAST CLARK STREET AND NORTH MAIN STREET. WHEREAS, a qualified petition has been submitted to the City Council of the City of Pasco requesting vacation of certain public rights-of-way within the City of Pasco; and WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way; and WHEREAS, all steps and procedures required by law to vacate said right-of-way have been duly taken and performed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That the south 10 feet of E. Clark Street between Oregon Avenue and N. Main Avenue and the east 10 feet of N. Main Avenue between E. Clark Street and the east/west alley in Block 119 Pasco Land Company's First Addition; EXCEPT that a 25 foot radius shall be retained at the corner of N. Main and E. Clark and on the southwest corner of E. Clark Street and N. Oregon Avenue , as depicted in Exhibit "1" be and the same is hereby vacated subject to the easement retained in Section 2 hereof. Section 2. That the City shall retain an easement and the right to exercise or grant easements with respect to the vacated right-of-way vacated in Section 1 above for the construction, repair and maintenance of public utilities and services. Section 3. That a certified copy of this ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County, Washington. Section 4. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, this 7th day of March 2016. Matt Watkins, Mayor ATTEST: 1 APPROVED AS TO FORM: Page 67 of 166 Debra L. Clark, City Clerk Leland B. Kerr, City Attorney Page 68 of 166 Exhibit Item' Street Vacation - Ptn. of Applicant: Baber Mohammad #� File #: VAC 2015-020 Clark/Main N E\IIYD AGENDA REPORT FOR: City Council TO: Dave Zabell, City Manager FROM: Stan Strebel, Deputy City Manager SUBJECT: PMC Amendments for Intentional Acts I. REFERENCE(S): Proposed Ordinance February 26, 2016 Regular Meeting: 3/7/16 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. , amending Pasco Municipal Code Chapter 9.44 "Street or Sidewalk Interference" to add the additional component of Intentional Action. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: Pasco Municipal Code Chapter 9.44, entitled "Street or Sidewalk Interference" lists a number of misdemeanor actions such as unlawful street or sidewalk interference, failure to disperse or obstructing traffic. The City attorney has reviewed case law in the State of Washington which indicates that intent of the party is a necessary element that must be demonstrated in order to support a conviction. Based on this understanding, it is recommended that the applicable sections in Chapter 9.44 be amended to include the clarification that intentional acts as listed are subject to criminal citation. V. DISCUSSION: This item was discussed at the February 22 Council Workshop meeting. Staff recommends adoption of the Ordinance. Page 70 of 166 ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, Amending PMC Chapter 9.44 "Street or Sidewalk Interference" to add the Additional Component of Intentional Action WHEREAS, recent Court decisions have interpreted ordinances similar to those within PMC Chapter 9.44, and determining that when such action which may potentially be in violations of these ordinances, especially when involving the exercise of free speech, intent of the party must be a necessary element to support a conviction; and WHEREAS, to ensure that such ordinances are available as an effective deterrent to conduct that might obstruct the public's use of streets and sidewalks, but protecting the exercise of free speech and to provide Constitutional certainty, modification to such ordinances may be necessary. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 9.44.010 entitled "Unlawful Street or Sidewalk Interference" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 9.44.010 UNLAWFUL STREET OR SIDEWALK INTERFERENCE. It is unlawful for any person, alone or in a group or assemblage of persons, whose standing, remaining or congregating on any public highway, street, alley or sidewalk in the City shall intentionally obstruct, interfere with or prevent the free and unobstructed and reasonable use of that public highway, street, alley or sidewalk by any other person, to fail or refuse to yield to the reasonable use of passage of any other person on that public highway, street, alley or sidewalk. A violation of this section is a misdemeanor. (Ord. 3491 Sec. 2, 2001; Prior code Sec. 10-5-48.) Section 2. That Section 9.44.020 entitled "Failing to Disperse" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 9.44.020 FAILING TO DISPERSE. It is unlawful for any person, alone or in a group or assemblage of persons, whose standing, remaining or congregating on any public highway, street, alley or sidewalk in the City shall intentionally obstruct, interfere with or prevent the free and unobstructed and reasonable use of that public highway, street, alley or sidewalk by any other person, to fail or refuse to move on, disperse or cease such obstruction or interference immediately upon being so ordered by any police officer of the City or other authorized peace officer. A violation of this section is a misdemeanor. (Ord. 3491 Sec. 2, 2001; Prior code Sec. 10-5.52.) Section 3. That Section 9.44.030 entitled "Sitting, Laying or Sleeping on Right -of - Way Prohibited" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: Page 71 of 166 9.44.030 SITTING, LAYING OR SLEEPING ON RIGHT-OF-WAY PROHIBITED. It shall be unlawful within the area of the City of Pasco bordered by the railroad tracks on the east, 14th Avenue on the west, Bonneville Street on the north and "A" Street on the south, for any person to intentionally sit, lay, or sleep on any public right-of-way except for medical emergency, in the furtherance of work or repair to the public right-of-way or of any property or building immediately adjacent thereto or in furtherance of a special permit issued by the City under some other chapter of this code. A violation of this section is a misdemeanor. (Ord. 3491 Sec. 2, 2001; Ord. 3491 Sec. 2, 2001; Ord. 2561 Sec. 1, 1985.) Section 4. That Section 9.44.050 entitled "Obstructing Traffic" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 9.44.050 OBSTRUCTING TRAFFIC. It is unlawful for any person to intentionally obstruct in any manner any sidewalk, public highway, street or alley in the City, or for the purpose of annoyance or mischief to place in any doorway or driveway, or on any sidewalk, public highway, street or alley in the City any box, baffe', ,ask or other- thin 4 --object or substance of such size or nature as to obstruct the free access thereto. Obstp aero„ *, a ffi Violation of this section is a misdemeanor. (Ord. 3491 Sec. 2, 2001.) Section 5. 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 7th day of March, 2016. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney Ordinance Amending Chapter 9.44 Street or Sidewalk Interference - 2 Page 72 of 166 AGENDA REPORT FOR: City Council March 1, 2016 TO: Dave Zabell, City Manager Regular Meeting: 3/7/16 Rick White, Director, Community & Economic Development FROM: Dave McDonald, City Planner Community & Economic Development SUBJECT: Rezone: R-4 (High Density) to C-1 (Retail Business) (MF# Z 2015-008) I. REFERENCE(S): Vicinity Map Proposed Ordinance Report to the Planning Commission Planning Commission Minutes: Dated 1/21/16 & 2/18/21 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. , an ordinance of the City of Pasco, Washington, rezoning a portion of Lots 5 and 6, Short Plat 2003-021 from R-4 (High- Density Residential) to C-1 (Retail Business) as conditioned with a concomitant agreement limiting driveway locations, and further, authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On January 21, 2016 the Planning Commission conducted a public hearing to determine whether or not to recommend rezoning a portion of two lots at the northwest corner of Three Rivers Drive and Road 68 from R-4 to C-1. Following the conduct of a public hearing, the Planning Commission reasoned it would be appropriate to recommend a change in zoning for the property in question with an agreement limiting the number and location of driveways. The concomitant agreement permits only one driveway off Road 68 and one off Three Rivers Drive. Both Page 73 of 166 driveways have to be at least 210 feet from the intersection of Three Rivers Drive and Road 68. No written appeal of the Planning Commission's recommendation has been received. V. DISCUSSION: The proposed rezone will provide a buffer between Phase Three of Columbia Villas and Road 68 while providing an area for additional neighborhood services. Page 74 of 166 Item: Rezone from R-4 to C- 1 Vicinity • MapApplicant: FBA Land Holdings N File #. Z 2015-008 - _ T - SKAGIT DR 10 ' Z - - LU T vh SITE [y, THREE:RVVERS DR �TOULE T I cn ' RUSH CREEK`DR Q KETTLE C -T Nm r C7 'i INHdTE BLUFFS CT 7 PALQUSE'.DR ' ORDINANCE NO. AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, REZONING A PORTION OF LOTS 5 AND 6, SHORT PLAT 2003-21 FROM R-4 (HIGH-DENSITY RESIDENTIAL) TO C-1 (RETAIL BUSINESS)AS CONDITIONED WITH A CONCOMITANT AGRREEMENT LIMITING DRIVEWAY LOCATIONS. WHEREAS, a complete and adequate petition for change of zoning classification has been received and an open record hearing having been conducted by the Pasco Planning Commission upon such petition; and, WHEREAS, that the effect of the requested change in zoning classification shall not be materially detrimental to the immediate vicinity; and, WHEREAS, based upon substantial evidence and demonstration of the Petitioner, that: (A) the requested change for the zoning classification is consistent with the adopted Comprehensive Plan; (B) the requested change in zoning classification is consistent with or promotes the goals and objectives of the Comprehensive Plan serving the general public interest in the community; and (C) there has been a change in the neighborhood or community needs or circumstances warranting the requested change of the zoning classification; and, (D) the Planning Commission developed findings as a part of the hearing record and said findings are hereby adopted by the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed from C-1 (Retail Business) to R-1 (Medium -Density Residential) for the real property as shown in the Exhibit "1" attached hereto and described as follows: Lot 5 & 6, Short Plat 2003-21; Except the westerly 146 feet thereof. Section 2. That the change of the zoning classification as provided in Section 1 is contingent, and conditioned upon the execution and compliance with a Concomitant Agreement entered into between the Petitioner and the City which will attach to and run with the real property described in Section 1 above. Said Concomitant Agreement is attached to this Ordinance as Exhibit No "2". Passed by the City Council of the City of Pasco this 7h day of March, 2016. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney Page 76 of 166 I Lol,�AFAR-TMFNTSSTONE Iz-4 I i EXHIBIT 1 9 - _ - - THREE RIVERS DRIVE t I rrlreir% Q EXISTING R-4 HIGH DENSITY RESIDENTIAL SCALE: 1"=80# PROPOSED C - 'I RETAIL BUSINESS c -i ZONE CHANGE EXHIBIT COLUMBIA VILLAS PHASE III PASCO, WASHINGTON DECEMBER 21, 2+315 PaaP 77 of 1 F 1 �1 EX. 7O' PUBLIC UTILITY EASEMENT EK. 5' WA TER LINE 2003,2'q3 53 P�-�`9 EASEMENT -} � �,joLVF 1 SHC 15'SANITARYSEWER rDj EASEMENT LOT5 t� co PROPOSED `� �`1 �rw LOT 4 C-? lQ — 146' - 2.02 ACRES R-4 1'. _ �- -- - - - �- 1 �1 ORdGIIVAL LOT LINES P LOT G SHORT PLAT No. 2003-2 �Ez m 1 1 9 - _ - - THREE RIVERS DRIVE t I rrlreir% Q EXISTING R-4 HIGH DENSITY RESIDENTIAL SCALE: 1"=80# PROPOSED C - 'I RETAIL BUSINESS c -i ZONE CHANGE EXHIBIT COLUMBIA VILLAS PHASE III PASCO, WASHINGTON DECEMBER 21, 2+315 PaaP 77 of 1 F "Exhibit # 2" CONCOMITANT ZONING AGREEMENT WHEREAS, the City of Pasco, Washington, a non -charter code city, under the laws of the State of Washington (Chapter 35A.63 R.C.W. and Article 11, Section 11 of the Washington State Constitution) has authority to enact laws and enter into agreements to promote the health, safety and welfare of its citizens, and thereby control the use and development of property within its jurisdiction; and WHEREAS, the Owner(s) of certain property have applied for a rezone of such property described below within the City's jurisdiction; and WHEREAS, the City pursuant to R.C.W. 43.12(c), the State Environmental Policy Act, should mitigate any adverse impacts which might result because of the proposed rezone; and WHEREAS, the City of Pasco and the Owner(s) are both interested in compliance with the Pasco Municipal Code provisions relating to the use and development of property situated in the City of Pasco, described as follows: Lots 5 & 6, Short Plat 2003-21 except the westerly 146 feet thereof WHEREAS, the Owner(s) have indicated willingness to cooperate with the City of Pasco, its Planning Commission and Planning Department to insure compliance with the Pasco Zoning Code, and all other local, state and federal laws relating to the use and development of the above described property; and WHEREAS, the City, in addition to civil and criminal sanctions available by law, desires to enforce the rights and interests of the public by this concomitant agreement, NOW, THEREFORE, In the event the above-described property is rezoned by the City of Pasco to C-1 (Retail Business) and in consideration of that event should it occur, and subject to the terms and conditions hereinafter stated, the applicant does hereby covenant and agree as follows: 1. The Owner(s) promise to comply with all of the terms of the agreement in the event the City, as full consideration herein grants a rezone on the above-described property. 2. The Owner(s) agrees to perform the terms set forth in Section 4 of this agreement. 3. This agreement shall be binding on their heirs, assigns, grantees or successors in interest of the Owner(s) of the property herein described. 4. Conditions: Page 78 of 166 A. Only one driveway is permitted on Three Rivers Drive. Said driveway shall not be located closer than 210 feet from the Road 68 right-of- way; B. Only one driveway is permitted is permitted on Road 68. Said driveway shall not be located closer than 210 feet from the Three Rivers Drive right-of-way; The person(s) whose names are subscribed herein do hereby certify that they are the sole holders of fee simple interest in the above-described property: Owner: Owner: STATE OF WASHINGTON) ) ss. County of Franklin ) On this day of , 2016, 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 .2016. Notary Public in and for the State of Washington, residing at CONCOMITANT ZONING AGREEMENTPAGE 2 OF 3 Page 79 of 166 REPORT TO PLANNING COMMISSION MASTER FILE NO: Z 2015-008 HEARING DATE: 1/21/2016 ACTION DATE: 2/18/2016 BACKGROUND APPLICANT: FBA Holdings LLC 3731 N. Ramsey Rd Coeur d'Alene, ID 83815 REQUEST: REZONE: Rezone from R-4 (High -Density Residential) to C-1 (Retail Business) 1. PROPERTY DESCRIPTION: Legal: Lots 5 and 6, Short Plat 2003-21, except the westerly 156 feet thereof. General Location: NW corner of Rd 68 and Three Rivers Dr. Property The site is approximately 18,900 square feet or 0.43 acres 2. ACCESS: The site has access from Road 68 and Three Rivers Dr. 3. UTILITIES: Municipal sewer and water lines currently serve the site. 4. LAND USE AND ZONING: The site is comprised of two parcels currently zoned R-4 and is vacant. Surrounding properties are zoned and developed as follows: NORTH: R-4 - Stone Gate Apartments SOUTH: C-1 - Vacant/GESA Credit Union EAST: R -T - Vacant WEST: R-4 - Proposed Columbia Villas Phase 3 5. COMPREHENSIVE PLAN: The property is in an area of transition between residential and commercial land use designations. In transition areas properties can be zoned to match either of the identified land uses. In this case the applicant is requesting C-1 (Retail Business) zoning. Plan Policy ED -2-B encourages the development of a wide range of commercial uses strategically located to support local and regional needs. Policy LU -3 -D promotes the idea of mixed use development including neighborhood scale shopping areas within walking distance of residential developments. LU -1-C encourages the clustering of commercial development at key locations. 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 1 Page 80 of 166 Non -Significance (DNS) has been issued for this project under WAC 197- 11-158. r_`,) r_` Wk -I L11 The property was originally subdivided and zoned in 2003. At that time approximately 40 acres of land was zoned for multi -family development between the Columbia East development and Road 68 north of Sandifur Parkway. Over 500 dwelling units will be concentrated in this area once Columbia Villas Phase 3 is built. Rather than building the last Phase of Columbia Villas all the way out to Road 68 the developer is proposing to leave a two acre site at the northwest corner of Three Rivers Drive and Road 68 for a neighborhood commercial center. This would in a sense create a mixed use development allowing a small neighborhood commercial area to be located adjacent to a concentration of high density dwellings. The City's Comprehensive Plan has encouraged the nodal concept of commercial development for over 30 years. Road 68 is an example of an enlarged commercial node where commercial development is center rather than radiating east and west along Sandifur Parkway and other major streets in the area. The proposed rezone would be a minor expansion of the commercial area along Road 68. The site is located at the intersection of an arterial street (Road 68) and a collector street (Three Rivers Drive) more or less qualifying the site as a node on two major streets. The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria are listed below as follows: 1. The date the existing zone became effective: The current (R-4) zoning was established in in 2003. 2. The changed conditions, which are alleged to warrant other or additional zoning: With the completion of Columbia Villas Phase 3 over 500 dwelling units will be located within a quarter of a mile from the site. Three Rivers Drive will be built out to Road 68 with the Columbia Villas project causing the site to be surrounded by improved streets. All utilities have been extended past the site to serve the nearby apartment complexes. Road 76 was connected to Three Rivers Drive last year. N Page 81 of 166 3. Facts to justify the change on the basis of advancing the public health, safety and general welfare: Changing the zoning classification of the site to C-1 will provide a buffer between Road 68 and Columbia Villas to the west. The neighboring multi family complexes will be benefited by future commercial services that will locate on the site as will the residents of Columbia Place. Development on the site resulting from the commercial rezone will contribute to the cost of operating and maintaining the exiting utility services that are already serving the site. 4. The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: Surrounding properties are zoned C-1 or R-4. Rezoning the property to C-1 may have a beneficial impact on the surrounding properties in that it will complement the c-1 zoning to the south and provide additional land for neighborhood commercial services that would benefit the multi family complexes to the north and southwest. 5. The effect on the property owner or owners if the request is not granted: The property is owned by a holding company that is responsible for liquidating the old Metropolitan Mortgage properties for the benefit of the retirees that invested in the Metropolitan Mortgage. If the rezone is not granted the retirees will have to wait longer to recoup what is left of their investment. STAFF FINDINGS OF FACT FOR APPROVAL Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The site is currently zoned R-4 (Office) . 2. The site is on road 68. 3. The 2.2 -acre site is located at the intersection of an arterial street and a collector street. 4. The site is fully serviced by exiting utilities. 5. Surrounding properties are zoned C-1 and R-4. 3 Page 82 of 166 6. Over 500 dwelling units will be located around the site after Columbia Villas Phase 3 is completed 7. The Comprehensive Plan identifies the site to be in a land use transitional zone bordering commercial and residential land use designations. 8. The C-1 zone would permit the development of a neighborhood commercial center to serve the surrounding high density residential developments. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a zoning amendment the Planning Commission must develop findings of fact from which to draw its conclusions based upon the criteria listed in PMC 25.88.060. The criteria are as follows: 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. The property is in an area of transition between residential and commercial land use designations. In transition areas properties can be zoned to match either of the identified land uses. Plan Policy ED -2-B encourages the development of a wide range of commercial uses strategically located to support local and regional needs. Policy LU -3 -D promotes the idea of mixed use development including neighborhood scale shopping areas within walking distance of residential developments. LU -1-C encourages the clustering of commercial development at key locations. 2. There is merit and value in the proposal for the community as a whole. There is merit in providing an area for neighborhood retail services near a concentration of multi family housing. The proposal is supported by land use goals and policies contained in the Comprehensive Plan. 3. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. Changing the zoning on the property to C-1 may lead to additional requests for driveways on Road 68. Given the nature of Road 68 no more than one driveway should be permitted to Road 68. Additionally any driveways permitted on this lot need to be located as far from the intersection of Road 68 and Three Rivers Drive as possible. Conditioning the rezone with driveway restrictions will avoid difficulties when the lot develops in the future. 4. A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. :I Page 83 of 166 A concomitant agreement is needed to control future driveway locations at the intersection of Three Rivers Drive and Road 68. RECOMMENDATION MOTION for Findings of Fact: I move to adopt findings of fact and conclusions therefrom as contained in the February 18, 2016 staff report. MOTION for Recommendation: I move, based on the findings of fact and conclusions as adopted, the Planning Commission recommend the City Council rezone parcel from R-4 to C-1 with driveway location specified by a concomitant agreement. E Page 84 of 166 Item: Rezone from R-4 to C- 1 Vicinity • MapApplicant: FBA Land Holdings N File #. Z 2015-008 - _ T - SKAGIT DR 10 ' Z - - LU T vh SITE [y, THREE:RVVERS DR �TOULE T I cn ' RUSH CREEK`DR Q KETTLE C -T Nm r C7 'i INHdTE BLUFFS CT 7 PALQUSE'.DR ' Land Use Item: Rezone from R-4 to C- 1 Applicant: FBA Land Holdings x Map File #: Z 2015-008 SKAGIT DR Z-1 J LU ON DR U Y Multi - Family REE RIVERS DR �Cf) RUSH CREEK DR o TQUTLE Zoning Item: Rezone from R-4 to C- 1 A Map pplicant: FBA Land Holdings File #: Z 2015-008 SKAGIT DR Q J Y R-4 F6w. A w I= 0 a &SW70 twi- in = mm. REE RIVERS DR ��� W �cn RUSH CREEK ❑R o ON DR TOUTLE C-1 I Lol,�AFAR-TMFNTSSTONE Iz-4 I i EXHIBIT 1 9 - _ - - THREE RIVERS DRIVE t I rrlreir% Q EXISTING R-4 HIGH DENSITY RESIDENTIAL SCALE: 1"=80# PROPOSED C - 'I RETAIL BUSINESS c -i ZONE CHANGE EXHIBIT COLUMBIA VILLAS PHASE III PASCO, WASHINGTON DECEMBER 21, 2+315 PaaP 88 of 1 F 1 �1 EX. 7O' PUBLIC UTILITY EASEMENT EK. 5' WA TER LINE 2003,2'q3 53 P�-�`9 EASEMENT -} � �,joLVF 1 SHC 15'SANITARYSEWER rDj EASEMENT LOT5 t� co PROPOSED `� �`1 �rw LOT 4 C-? lQ — 146' - 2.02 ACRES R-4 1'. _ �- -- - - - �- 1 �1 ORdGIIVAL LOT LINES P LOT G SHORT PLAT No. 2003-2 �Ez m 1 1 9 - _ - - THREE RIVERS DRIVE t I rrlreir% Q EXISTING R-4 HIGH DENSITY RESIDENTIAL SCALE: 1"=80# PROPOSED C - 'I RETAIL BUSINESS c -i ZONE CHANGE EXHIBIT COLUMBIA VILLAS PHASE III PASCO, WASHINGTON DECEMBER 21, 2+315 PaaP 88 of 1 F Looking North jr � � � .`y r� -4 Y ,� .� _a,.i�. 'ay; ��,� ,'_parr' ��• '�� � - -�n'er'�`r1F T'Ql�r its '�` C 5 i' 1. � • ��I .t i 1. .. /s �, � •5"- +,. � .i 5.'�M`- � ��`�•,r�, r� 4 L%� r���r a+ � S � 4+1 ir. 5� �- ! w.- �- � ,,. {� Y � t �t� IL��,_. ���r� vL��i�-llta�7W.S--��e"S L`4��tr u�:`��.r�+.3.�� •5_���.�I.:�.i'��� Looking North ay ��1���T � i s � tom, - .ai i��.• f �s'1;�" i� M ;?�'' Looking East Looking South IL z •, 's '„;e.'.��°`s� ;."a:': �'.A."3�i}3'�► •_.. .. .. _ Ate'_ - CD. +... �-/g. �:'.-��,.. `•'-T•Y �� :•.�r� ` • - -. •—. �+st-, - - - �: � G ^Y."Fa= �.�.��yvVr�.w �-�'hzFev _ ;fir ��'- ' nom- - ••_ r.. � �� �... � '� "" _ Looking West iU - CD J4 C.O (,J iU (Q CD C.O (,J O A Com. r PLANNING COMMISSION MINUTES 1/21/16 D. Rezone Rezone from R-4 (High Density Residential) to C-1 (Retail Business) (FBA Land Holdings) (MF# Z 2015-0081 Chairwoman Polk read the master file number and asked for comments from staff. Dave McDonald, City Planner, discussed the rezone application from R-4 (High Density Residential) to C-1 (Retail Business). The site is located at the corner of Road 68 and Three Rivers Drive. There is a 15 acre commercial site to the south and this rezone would be a natural extension of that zoning. The Comprehensive Plan designates an area of commercial zoning directly across Road 68 reaching up to this property creating a commercial node at the corner of Road 68 and Sandifur Parkway. Because this property is on Road 68 there is concern over driveways. It would be advisable to include driveway restrictions in a concomitant agreement. Preston Ramsey, 415 S. Alpine Drive, Liberty Lake, WA spoke on behalf of the application. He explained that FBA Land Holdings is doing the rezone in coordination with the Big Creek Land Company preliminary plat approval. With no further questions or comments the public hearing closed. Commissioner Greenaway moved, seconded by Commissioner Bowers, to close the hearing on the proposed rezone and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the February 18, 2016 meeting. The motion passed unanimously. PLANNING COMMISSION MINUTES 2/18/16 C. Rezone Rezone from R-4 (High Density Residential) to C-1 (Retail Business) (FBA Land Holdings) (MF# Z 2015-0081 Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner, discussed the rezone from R-4 (High Density Residential) to C-1 (Retail Business). The conditions needed to be consistent with the preliminary plat companion application (MF# PP 2015-006). The distance for the driveways must be 210 feet in both directions. Commissioner Polk moved, seconded by Commissioner Greenaway, to adopt findings of fact and conclusions therefrom as contained in the February 18, 2016 staff report. 1 Page 94 of 166 The motion passed unanimously. Commissioner Polk moved, seconded by Commissioner Greenaway, based on the findings of fact and conclusions as adopted, the Planning Commission recommend the City Council rezone parcel from R-4 to C-1 with driveway location specified by a concomitant agreement. The motion passed unanimously. Page 95 of 166 AGENDA REPORT FOR: City Council February 29, 2016 TO: Dave Zabell, City Manager Regular Meeting: 3/7/16 Rick White, Director, Community & Economic Development FROM: Dave McDonald, City Planner Community & Economic Development SUBJECT: Preliminary Plat: Columbia Villas, Phase 3 (MF# PP 2015-006) I. REFERENCE(S): Overview Map Vicinity Map Proposed Resolution Preliminary Plat Report to the Planning Commission Planning Commission Minutes: Dated 1/21/16 & 2/18/2016 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. a resolution approving a Preliminary Plat for Columbia Villas, Phase 3. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On January 21, 2016 the Planning Commission conducted a public hearing to develop a recommendation for the City Council on the preliminary plat for Columbia Villas, Phase 3. The proposed plat is located on Three Rivers Drive west of Road 68. 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 96 of 166 V. DISCUSSION: This site contains approximately 7.5 acres that will be divided into 34 residential lots and one commercial lot. The plat is a continuation of Columbia Villas, Phases 1 & 2 to the south of Three Rivers Drive. The connection of Three Rivers Drive from Columbia Place to the west and Road 68 to the east will be completed with this plat. Page 97 of 166 Item: Columbia Villas Ph 3 Vicinity • MapApplicant: FBA Land Holdings N File #. PP 2015-006 1- 3 _ 41 SKAGIT DRtam- Owl U rj -O 1 i -- - SITE 0) D .moo cy p� 4TH�REEmRIVERS DR F �o � �'T rl �1 � � � AIA �1, c ^ � »� �• RE -NOW, KETTLE CT r � D �Y11 W D R Z " WHITE BLUFFS CT- PALOUSE DR �' RESOLUTION NO. A RESOLUTION APPROVING A PRELIMINARY PLAT FOR COLUMBIA VILLAS PHASE 3. WHEREAS, RCW 58.17 enables the City to uniformly administer the process of subdividing property for the overall welfare of the community; and, WHEREAS, owners and developers of property situated in the north half of Section 9, Township 9 North, Range 29 East, W.M., have requested approval of a preliminary plat; and, WHEREAS, the Planning Commission held a public hearing on the proposed Columbia Villas Phase 3 plat and developed findings related thereto and said findings are hereby adopted by the City Council; 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 Columbia Villas Phase 3 located in southwest quarter of the northwest quarter of Section 9, Township 9 North, Range 29, East W.M., is hereby approved with the following conditions: 1. No utility vaults, pedestals, or other obstructions will be allowed at street intersections. 2. 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). 3. The developer shall install a common "Estate Type" fence six -feet in height matching the fence in Columbia Villas Phase 1 and 2 along the east and south line of the plat as a part of the infrastructure improvements associated with the plat. The fence must be constructed of masonry block. A fencing detail must be included on the subdivision construction drawings. Consideration must be given to a reasonable vision triangle at the intersection of streets. Maintenance and upkeep of said fence is the responsibility of the subdivision Homeowners Association. All final Plats shall include a note that clearly indicates the maintenance responsibility for the estate fence is the responsibility of the Homeowners Association. 4. The sidewalk along Three Rivers Drive, except for Lot 27, shall be offset and a landscaped planting strip shall be provided between the curb and the sidewalk. The Homeowners Association shall be responsible for maintenance of the landscaped planting strip. 5. Driveways for Lot 27 will be restricted to one driveway on Three Rivers Drive located at least 210 feet west of Road 68 and one driveway on Road 68 located at least 210 feet north of Three Rivers Drive. 6. The sidewalk for Lot 27 (the commercial lot) will not be required to be off -set 1 Page 100 of 166 7. The final plat(s) shall contain a 10 -foot utility easement parallel to all streets unless otherwise required by the Franklin County PUD. 8. 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". Passed by the City Council of the City of Pasco this 7th day of March, 2016. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney 2 Page 101 of 166 Columbia Villas Phase 3 REPORT TO PLANNING COMMISSION MASTER FILE NO: PP 2015-006 HEARING DATE: 1/21/2016 ACTION DATE: 2/18/2016 APPLICANT: Big Creek Land Company 1950 W Bellerive Ln Coeur d'Alene, ID 83814 BACKGROUND REQUEST: Preliminary Plat: Columbia Villas Phase 3, 34 -Lots (Multi -Family) & 1 Commercial lot 1. PROPERTY DESCRIPTION: Legal: Lots 4, 5 and 6, Shot Plat 2003-21 General Location: The N/W corner of Road 68 and Three Rivers Drive. Property 7.45 Acres Number of Lots Proposed: 34 lots for zero lot line construction and one commercial lot Square Footage Range of Lots: 3,718 ft2 to 10,173 ft2 Average Lot Square Footage: 5,561 ft2 2. ACCESS: The property will have access from Three Rivers Drive. 3. UTILITIES: Municipal water and sewer service are available in Three Rivers Drive. 4. LAND USE AND ZONING: The site is zoned R-4 (High Density Residential) Surrounding properties are zoned and developed as follows: NORTH: R-4 - Stone Gate Apartments SOUTH: R-3 & C-1 - Duplexes 8s Vacant EAST: R-4 - Vacant (Currently being rezoned to C-1) WEST R-1 - Single Family Residences 5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for mixed residential development. According to the Comprehensive Plan, mixed residential development means 5 to 20 dwelling units per acre. The criteria for allocation under the future land use section of Volume II of the Comprehensive Plan (Vol. II, page 17) encourages development of lands designated for mixed residential uses when or where: sewer is available, the location is convenient to major circulation routes, the site serves as a transition between more intense uses and low density uses, and when there is a market demand. 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 Page 103 of 166 established neighborhoods and the creation of new neighborhoods that are safe and enjoyable places to live. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Determination of Non -Significance (DNS) has been issued for this project under WAC 197-11-158. ANALYSIS The project site is located immediately west of Road 60, south of the Stone Gate Apartments and east of Columbia Place. The site is relatively flat and slopes slightly from the north to the south. The site is vacant with a combination of bare ground and native and non-native grasses and other vegetation. The site is not considered a critical area a mineral resource area or a wet land. The site was initially designated for mixed residential development under the Comprehensive Plan in 1995. The R-4 (Medium Density Residential) zoning was established in 2003 around the time Columbia Place (to the west) received Preliminary Plat approval. The right-of-way for Three Rivers Drive was deeded to the City in the fall of 2003. The applicant is proposing to subdivide the site in question into 35 lots to allow the construction of 17 duplexes. Each duplex would occupy two lots with the common lot line dividing each unit. This proposal is identical to the process that was used for the development of the Island Estates Row Homes in the Island Estates subdivision (Phase 8), Mediterranean Villas and Columbia Villas Phases 1 and 2. Each of these subdivisions was zoned for multi -family development and platted into individual lots. The lots lines within these subdivisions became the common boundary line separating the dwelling units. The Navigator Villas development to the north of Stone Gate Apartments was also developed in a similar manner as the current proposal for Phase 3 of Columbia Villas. Navigator Villas was also zoned R-4 and then platted into lots allowing each four-plex to be built it's individual lot independent of the other four-plexes. LOT LAYOUT: The proposed Plat contains 34 residential lots and one future commercial lot. The lots vary in size from 3,718 square feet to 10,173 square feet. The proposal is consistent with the density requirements of the R-4 zoning of the site. R-4 zoning permits the development of one dwelling unit per 1,500 square feet of lot area for multi -family type structures. RIGHTS-OF-WAY: All lots have frontage on streets which will be dedicated. 2 Page 104 of 166 UTILITIES: Municipal water and sewer lines are located in Three Rivers Drive. 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 engineering design phase. The front yard setbacks for construction purposes are larger than the requested easements; therefore the front yard easements will not diminish the buildable area 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: The street name follows the river theme of the Columbia Place subdivision to the west. IRRIGATION: The municipal code requires the installation of irrigation lines as a part of the 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 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. In this case the City reached an agreement with a previous owner of the land in 2004 and received an assignment of water rights covering all of the north half of Section 9, Township 9 North, Range 29 East, WM. The proposed plat is within the north half of said Section 9. FINDINGS OF FACT State law (RCW 58.17.010) 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": 3 Page 105 of 166 Prevent Overcrowding: Density requirements of the R-4 zone are designed to address overcrowding concerns. The Comprehensive Plan suggests the property in question be developed with 5 to 20 dwelling units per acre. The proposed Plat has a density of less than 7 units per acre. No more than 60 percent of each lot is permitted to be covered with structures per the R-3 zoning standards. Parks Opens Space/Schools: City parks are located in Columbia Place and Island Estates. 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 $4,525 will be charged for each new dwelling unit at the time of building permit issuance. Effective Land Use/Orderly Development: The Plat is laid out for multi- family development as identified in the Comprehensive Plan. The maximum density permitted under the Comprehensive Plan is 20 dwelling units per acre. The developer is proposing a density of 6.47 units per acre. The proposed development will extend Three Rivers Drive from Road 76 to Road 68 with improvements to the north side of the right-of-way along with two full travel lanes to Road 68. 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 all intersection will be installed with the construction of the road improvements Adequate Provision of Municipal Services: All lots within the Plat will be provided with water, sewer and other utilities. Provision of Housing for State Residents: This Preliminary Plat contains 34 residential building lots, providing an opportunity for the construction of 17 duplexes units containing a total of 34 new dwelling. Adequate Air and Light: The maximum lot coverage limitations and building setbacks will assure that adequate movement of air and light is available to each lot. Proper Access & Travel: The streets through and adjoining the Plat will be paved and developed to City standards to assure proper access is maintained to each lot. Connections to the community will be provided by Road 76 and 4 Page 106 of 166 Three Rivers Drive. The Preliminary Plat was submitted to the Transit Authority for review. (The discussion under "Safe Travel" above applies to this section also.) Comprehensive Plan Policies & Maps: The Comprehensive Plan designates the Plat site for mixed residential development. Policies of the Comprehensive Plan encourage the advancement of home ownership and suggest the City strive to maintain a variety of housing for residents. Other Findings: • The site is within the Pasco Urban Growth Boundary. • The State Growth Management Act requires urban growth and urban densities to occur within the Urban Growth Boundaries. • The site is relatively flat and slopes slightly from the north to the south. • The site is vacant with a combination of bare ground and native and non-native grasses and other vegetation. • The site is not considered a critical area a mineral resource area or a wet land. • The Comprehensive Plan identifies the site for mixed residential development. • Mixed residential development is described in the Comprehensive Plan as five to twenty dwelling units per acre. • The site is zoned R-4 (Medium Density Residential). • The site was zoned R-4 in 2003. • The Housing Element of the Comprehensive Plan encourages the advancement of programs that promote home ownership and development of a variety of residential densities and housing types. • The Transportation Element of the Comprehensive Plan encourages the interconnection of neighborhood streets to provide for the disbursement of traffic. • The interconnection of neighborhood streets is necessary for utility connections (looping) and the provision of emergency services. • The right-of-way for Road 76 and Three Rivers Drive was deeded to the City in 2003. • Per the ITE Trip Generation Manual 8th Addition the proposed subdivision, when fully developed, will generate approximately 200 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. 5 Page 107 of 166 • 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 have been previously deeded to the City as a part of the Columbia Place development. • Plat improvements within the City of Pasco are required to comply with the 2015 Standard Drawings and Specification as approved by the City Engineer. These improvements include but are not limited to water, sewer and irrigation lines, streets, street lights and storm water retention. The handicapped accessible pedestrian ramps are completed with the street and curb improvements prior to final plat approval. Sidewalks are installed at the time permits are issued for new houses. Except sidewalks along major streets, which are installed with the street improvements. • All engineering designs for infrastructure and final plat(s) drawings are required to utilize the published City of Pasco Vertical Control Datum. • All storm water generated from a developed plat is required to be disposed of per City and State codes and requirements. Prior to the City of Pasco accepting construction plans for review the developer is required to enter into a Storm Water Maintenance Agreement with the City. The developer is 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 is presented to the City of Pasco at the intake meeting for construction plans. • The City has nuisance regulations (PMC 9.60) that require property owners (including developers) to maintain their properties in a manner that does not injure, annoy or endanger the comfort and repose of other property owners. This includes controlling dust, weeds and litter during times of construction for both subdivisions and buildings including houses. • Prior to acceptance of final plats developers are required to prepare and submit 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 must be signed by the developer prior to construction plan approval. R Page 108 of 166 CONCLUSIONS BASED ON INITIAL STAFF 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.City parks are located in the subdivisions to the west and southwest of the site. All new developments participate in establishing parks through the payment of park fees at the time of permitting. (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 the looping of utilities and interconnectivity of streets as supported in the Comprehensive Plan. The proposed subdivision will provide a paved travel lane connecting Columbia Place to Road 68 and Road 76 enhancing accessibility to and from Columbia Place. (3) The proposed subdivision conforms to the policies, maps and narrative text of the Comprehensive Plan; The Comprehensive Plan land use map designates the site for mixed residential development. Mixed residential development is described as 5 to 20 dwelling units per acre in the text of the Comprehensive Plan. The Housing Element of the Plan encourages the promotion of a variety of residential densities and Page 109 of 166 suggests the community should support the advancement of programs encouraging home ownership. The Transportation Element of the Plan suggests major streets should be beautified with trees and landscaping. The Plan also encourages the interconnection of local streets for inter -neighborhood travel for public safety as well as providing for traffic disbursement. (4) The proposed subdivision conforms to the general purposes of any applicable policies or plans which have been adopted by the City Council; Development plans and policies have been adopted by the City Council in the form of the Comprehensive Plan. The proposed subdivision conforms to the policies, maps and narrative text of the Plan as noted in number three above. (5) The proposed subdivision conforms to the general purposes of the subdivision regulations. The general purposes of the subdivision regulations have been enumerated and discussed in the staff analysis and Findings of Fact. The Findings of Fact indicate the subdivision is in conformance with the general purposes of the subdivision regulations provided certain mitigation measures (i.e.: school impact fees are paid.) (6) The public use and interest will be served by approval of the proposed subdivision. The proposed Plat, if approved, 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. TENTATIVE PLAT APPROVAL CONDITIONS 1. No utility vaults, pedestals, or other obstructions will be allowed at street intersections. 2. 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) . 3. The developer shall install a common "Estate Type" fence six -feet in height matching the fence in Columbia Villas Phase 1 and 2 along the east and south line of the plat as a part of the infrastructure improvements associated with the plat. The fence must be constructed of masonry block. A fencing detail must be included on the subdivision construction drawings. Consideration must be given to a reasonable vision triangle at the intersection of streets. Maintenance and upkeep of 3 Page 110 of 166 said fence is the responsibility of the subdivision Homeowners Association. All final Plats shall include a note that clearly indicates the maintenance responsibility for the estate fence is the responsibility of the Homeowners Association. 4. The sidewalk along Three Rivers Drive, except for Lot 27, shall be offset and a landscaped planting strip shall be provided between the curb and the sidewalk. The Homeowners Association shall be responsible for maintenance of the landscaped planting strip. 5. Driveways for Lot 27 will be restricted to one driveway on Three Rivers Drive located at least 210 feet west of Road 68 and one driveway on Road 68 located at least 210 feet north of Three Rivers Drive. 6. The sidewalk for Lot 27 (the commercial lot) will not be required to be off- set 7. The final plat(s) shall contain a 10 -foot utility easement parallel to all streets unless otherwise required by the Franklin County PUD. 8. 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". RECOMMENDATION MOTION: I move to adopt Findings of Fact and Conclusions therefrom as contained in the February 18, 2016 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 Columbia Villas Phase 3, with conditions as listed in the February 18, 2016 staff report. 9 Page 111 of 166 Vicinity Item: Columbia Villas Ph 3 Applicant: FBA Land Holdings Map File #: PP 2015-006 1 - tL; - is - SKAGITOD'R � ria W " _a / 1 TTTTTTTTTT y SITE t THREE RIVERS DR R TOUTLE CT a WOFSH[CREE'K®D1R o KETTLE CT y ' o .f z WHITE BL -OFFS sCT RALOO USE ®R Land Use Item: Columbia Villas Ph 3 Applicant: FBA Land Holdings N Map File #: PP 2015-006 SKAGIT DR P� mmm REE RIVERS DR Multi- '�S, Fam O\ SITE TOUTLE CT r -Di Duple I KETTLE CT ALOUSE DR 0 Vacant Zoning Map SKAGIT DR P� Item: Columbia Villas Ph 3 FBA Land Holdings.,,,Fplicant: File #: PP 2015-006 REE RIVERS DR 6m ill7w' OWE R-4 SITE ALOUSE DR O 0 C-1 Columbia Villas Phase 3 MUM _ d1 Looking South Ste' -_ • __.. ..._.: �.,_-�_:. _+....�.,.. -�..->...�.. _� -�- ._:, _:..�-x., +�.^+...���:.�-: .:�" w... •.sem - r"�..... _."- ._. i..rsti'."'�."-'(z+"ci-.+'A.-s..:, �a �:; 1t�� �+Y.+ar'�=" �IU A 0: 2L- ll.�l �2 7'j ui4i I lvk JV; 14 PLANNING COMMISSION MINUTES 1/21/16 C. Preliminary Plat Preliminary Plat for Columbia Villas, Phase 3 (Big Creek Land Co.) (MF# PP 2015-006) Chairwoman Polk read the master file number and asked for comments from staff. Dave McDonald, City Planner, discussed the preliminary plat for Columbia Villas, Ph 3. The plat is a natural extension of Columbia Villas, Phases 1 and 2 located directly south of Three Rivers Drive. Provided in the staff report are all of the necessary reviews that the state and municipal code require related to lot layout, right-of-way, utilities, prevention of overcrowding of properties and parks and schools. Also in the report are a list of findings of fact and a recommendation with conditions applicable to the development. Cliff Mort, 6812 E. Maplewood, Post Falls, ID spoke on behalf of his application. This project will be a transition from Columbia Villas to the south, apartments to the north, Columbia Place to the west and commercial on the southeast. One of the reasons for rezoning a commercial piece is because the property owner had originally thought these would be higher density apartments, however, he thought the duplex or townhomes would be a better fit but the commercial piece would provide a buffer on Road 68. The homes have been filling up as they are being built and they have a waiting list. With no questions or comments the public hearing was closed. Commissioner Greenaway moved, seconded by Commissioner Mendez, to close the hearing on the proposed subdivision and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the February 18, 2016 meeting. The motion passed unanimously. PLANNING COMMISSION MINUTES 2/18/16 B. Preliminary Plat Preliminary Plat for Columbia Villas, Phase 3 (Big Creek Land Co.) (MF# PP 2015-006) Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner, briefly reviewed the preliminary plat for Columbia Villas, Phase 3. He explained the need to limit driveways for the commercial lot on both Road 68 and Three Rivers Drive. The approval conditions include language that restricts driveways to at least 210 feet from the intersection on both streets. The language is consistent with the concomitant agreement for the rezone. The applicant Page 120 of 166 was in agreement with the driveway condition. Commissioner Bowers moved, seconded by Commissioner Polk, to adopt the findings of fact and conclusions therefrom as contained in the February 18, 2016 staff report. The motion passed unanimously. Commissioner Bowers moved, seconded by Commissioner Polk, based on the findings of fact and conclusions as adopted, the Planning Commission recommend the City Council approve the preliminary plat for Columbia Villas, Phase 3, with conditions as listed in the February 18, 2016 staff report. The motion passed unanimously. Page 121 of 166 AGENDA REPORT FOR: City Council March 1, 2016 TO: Dave Zabell, City Manager Regular Meeting: 3/7/16 Rick White, Director, Community & Economic Development FROM: Dave McDonald, City Planner Community & Economic Development SUBJECT: Special Permit: Location of a Modular Building for Senior Services in an I-1 Zone (MF# SP 2016-004) I. REFERENCE(S): Vicinity Map Proposed Resolution Report to Planning Commission Planning Commission Minutes Dated: 2/18/16 H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. , a Resolution accepting the Planning Commission's recommendation and approving a Special Permit for the location of a modular building for senior services at 505 North First Avenue. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On February 18, 2016, the Planning Commission conducted a public hearing to determine whether or not to recommend a special permit be granted for the location of a modular building to provide senior services at 505 North First Avenue. Following the conduct of the public hearing, the Planning Commission reasoned that with conditions, it would be appropriate to recommend approval of a special permit for the modular building including senior services to be provide in the building. The recommended conditions are contained in the attached Resolution. Page 122 of 166 No written appeal of the Planning Commission's recommendation has been received. V. DISCUSSION: The modular building is the old record storage building that had to be relocated from behind the City Hall to make room for the new Police Station. The building will be moved across First Avenue and then refurbished for the Meals on Wheels program and other senior services. The Planning Commission recommended the building be pit set. The Parks and Recreation Division will address the pit set requirement by placing the building on a pour concrete foundation and then back filling to the foundation. Page 123 of 166 • Item: Portable Office in an I-1 Zone VicinityA, • Map N plicant: City of Pasco File #. SP 2016-004 SITE ►�1 RESOLUTION NO. A RESOLUTION ACCEPTING THE PLANNING COMMISSION'S RECOMMENDATION AND APPROVING A SPECIAL PERMIT FOR THE LOCATION OF A MODULAR BUILDING FOR SENIOR SERVICES AT 505 NORTH FIRST AVENUE. WHEREAS, the Parks and Recreation Division of the City of Pasco submitted an application for the location of a modular structure on City owned property at 505 North First Avenue; and, WHEREAS, the Planning Commission held a public hearing on February 18, 2016 to review the location of the proposed modular building; and, WHEREAS, following deliberations the Planning Commission adopted findings and recommended approval of a Special Permit under Master file # SP 2016-004; and, WHEREAS, the City Council hereby adopts the Planning Commission's findings ; and, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: 1. That a Special Permit is hereby granted for the location of a modular building on Tax Parcel 112028010 for senior services under Master File # SP 2016-004 with the following conditions: a) The special permit shall apply to Parcel # 112028010; b) The site shall be developed in substantial conformance with the site plan submitted with the Special Permit application; C) The modular office shall be pit set and installed per manufacturers specification; d) The modular office shall be painted to match or complement the existing Public Facilities in the neighborhood; e) The site must be landscaped consistent with the landscaping on the other public properties in the neighborhood; f) The Special Permit shall be null and void if a building permit has not been obtained by March 1, 2017. Passed by the City Council of the City of Pasco this 7t' day of March, 2016. Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk 1 APPROVED AS TO FORM: Leland B. Kerr, City Attorney Page 125 of 166 • Item: Portable Office in an I-1 Zone VicinityA, • Map N plicant: City of Pasco File #. SP 2016-004 SITE ►�1 REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 2016-004 APPLICANT: City of Pasco HEARING DATE: 2/18/2016 PO Box 293 ACTION DATE: 2/18/2016 Pasco, WA 99301 BACKGROUND REQUEST FOR SPECIAL PERMIT: Location of a Temporary Structure at 505 N. 1St Ave. (Senior Services) 1. PROPERTY DESCRIPTION: Legal: Lots 5-8 Block 1, NP First Addition General Location: 505 N. 1St Ave. (Northeast corner of 1st Ave 8s Sylvester St.) Property: 26,790 sq. ft. 2. ACCESS: The site has access from 2nd Ave. and W Sylvester St. 3. UTILITIES: The site is served by municipal water and sewer.. 4. LAND USE AND ZONING: The property is zoned I-1 (light Industrial). The zoning and land use of the surrounding properties are as follows: NORTH: I-1 - Entrance to Multi -Modal Facility/vacant SOUTH: I-1 - Single -Family dwellings/vacant EAST: I-1 -Vacant/ Single -Family Dwellings/Multi-Modal Facility WEST: I-1 - City Hall/ Single -Family Dwellings S. COMPREHENSIVE PLAN: The site is designated in the Comprehensive Plan for Industrial Uses. The Plan encourages the setting aside of adequate lands for public facilities (Goal CF -3). Policy LU -2-13 supports the need for recreational, educational and cultural services in the community. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Determination of Non -Significance (DNS) has been issued for this project under WAC 197- 11-158. Page 127 of 166 ANAT.VCTC In April of this year the Planning Commission held a hearing to consider an application to expand the administrative offices for the Fire Department that involved relocating and refurbishing the old Metro Task Force Office building. The cost for relocating the Metro building far exceeded the available funds and the project was dropped. The focus for reuse of the old Metro Task Force building has now shifted to refurbishing it for various senior services including the meals on wheels program. The Senior Center is being sold to the School District and the meals on wheels program needs to relocate by July. The proposal involves moving the portable building about 300 feet from the City Hall property to the Multi -Modal property at the northeast corner of 1St Avenue and Sylvester Street. After being relocated the building will be modified to meet the needs of the meals on wheels program. The Multi -Modal facility was originally granted a special permit in 1998. The addition of the modular office for senior services on the site will require additional special permit review and approval. The Special Permit review process allows the Planning Commission to make a determination on whether or not a proposed use will be or can be maintained in harmony with the existing or intended character of the neighborhood. It is through this process that the Planning Commission may develop approval conditions that would ensure the proposal will support the character of the neighborhood. The intended character of the neighborhood is a mix of commercial/ industrial development along with residential development and public facilities uses. Buildings in the neighborhood are typically site built on permanent foundations. The existing Multi -Modal Facility, City Hall and the new Police Station are attractive site built brick and stucco structures. These public facilities are well landscaped. To achieve compatibility with the existing Multi -Modal Facility, City Hall and Police Station the building should be pit set (to avoid the temporary trailer house look) and painted to complement the neighboring public buildings. The site should also be landscaped to complement the other public buildings in the neighborhood. FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 2 Page 128 of 166 1. The site is located at the northeast corner of 1st Avenue and West Sylvester Street. 2. The site has accessed from 1St Avenue and West Sylvester Street. 3. The Comprehensive Plan designates the site for industrial uses. 4. The Plan encourages the setting aside of adequate lands for public facilities. Policy LU -2-13 supports the need for recreational, educational and cultural services in the community. 5. The site is part of the City's Multi -Modal complex. 6. The site is zoned I-1 (Industrial). 7. The site has been owned by the City of Pasco since 1995. 8. The Multi -Modal Facility was granted a special Permit in 1998. 9. The site is directly east of the City Hall property located between 3rd Avenue and 1st Avenue. 10. The intended character of the neighborhood is a mix of commercial/ industrial development along with residential and public facilities. 11. Buildings in the neighborhood are typically site built on permanent foundations. 12. The existing Multi -Modal Facility, City Hall and the new Police Station are attractive site built brick and stucco structures. These public facilities are well landscaped. CONCLUSIONS BASED ON THE FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusion based upon the criteria listed in P.M.C. 25.86.060 and determine whether or not the proposal: (1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The proposal is supported by plan goals or policies that stress the need to provide land for public services (Goal CF -3). (2) Will the proposed use adversely affect public infrastructure? Utility demands of the meals on wheels program are lower than many of the infrastructure demands generated by permitted uses in the I-1 zone. The addition of the proposed building on the site will have minimal impact on utilities and surrounding streets. (3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? 3 Page 129 of 166 By pit setting the building, painting it and landscaping the site the proposed use will be constructed and operated in harmony with the intended character of the neighborhood. (4) Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? The site is one of the few remaining vacant parcels in the neighborhood. The height and design of the proposed building will have no impact on the surrounding neighborhood provided it is properly sited on a foundation and landscaped. (5) Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? The proposed building and use will not create more fumes, vibrations, dust of traffic than any of the existing uses in the neighborhood. Experience from the wheels on meals operation at the Senior Center indicates there were no operational issues that created problems for the neighborhood. (6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in anyway will become a nuisance to uses permitted in the district? The proposed building and use will not negatively impact surrounding development and will only support the ongoing public service nature of the neighborhood. APPROVAL CONDITIONS 1) The special permit shall apply to Parcel # 112028010; 2) The site shall be developed in substantial conformance with the site plan submitted with the Special Permit application; 3) The modular office shall be pit set and installed per manufacturers specification; 4) The modular office shall be painted to match or complement the existing Public Facilities in the neighborhood; 5) The site must be landscaped consistent with the landscaping on the other public properties in the neighborhood; 4 Page 130 of 166 6) The Special Permit shall be null and void if a building permit has not been obtained by March 1, 2017. *The modular building needs to be moved off the City Hall property as soon as possible due to construction needs of the Police Station. Additionally, the building needs to be remodel in time for the meals on wheels program to be relocated before July. As a result Staff is recommending the matter be reviewed and forwarded to the Council after the public hearing on February 18th. RECOMMENDATION MOTION: I move to adopt findings of fact and conclusions therefrom as contained in the February 18, 2016 staff report. MOTION: I move based on the findings of fact and conclusions as adopted the Planning Commission recommend the City Council grant a special permit for the location of a modular building on parcel # 112104035 with conditions as contained in the February 18, 2016 staff report. s Page 131 of 166 • Item: Portable Office in an I-1 Zone VicinityA, • Map N plicant: City of Pasco File #. SP 2016-004 SITE ►�1 Land Use Item: Portable Office in Applicant: City of Pasco Map File #: SP 2016-004 Mp.R�'P �M fixed Res` Vac. G ON S�100,11,111111111111111110.1� c'n\ SFDUs an I-1 Zone Industrial SITE Bus Depot City Center sA � Mixed S� a Res. Apts. Zoning Item: Portable Office in A Map pplicant: City of Pasco File #: SP 2016-004 ON N\ -..W1 C-1 5x 2 R-3 an I-1 Zone SITE PLAN SCALE 1'-30' v m w cn 0 rn rn GENERAL NOTES: THE LOCATION OF MONS UNDERGROUND UTILITIES ARE SHOWN IN AN APPR07G71ATT WAY ONLY AND MAY NOT SHOW ALL UDUTTES WfTMN CONSIAUCTON UMRS. THE CONTRACTOR - DLTTRMINE THE LOC 4 OF ALL EXISTING VH4.RIES, NNDWN hND UNKNOWN, BEFORE CONSTRUCTION BEGINS. THE CONTRACTOR AGES RETO BE FULLY RESPONSIBLE FOR ALL DAMAGES WHICH MILK BE GCGLSIONED BY THE CoumcTops FAILURE TO LOCATE AND PRESEhrA ALL UNDERGROUND UFUMES. CALL TWO BUSINESS DAYS BEFORE YOU DIG. (c` KEYS: Y E) INSTALL I' WATER UNE FROM EXISTNG WATER METER BOX TO MODULAR FOUNDATION AS SHOWN. CONNECT TO ExisTiNG 4' S5 WDH WYE CONNECTOR. INSTALL 4' SANITARY SEWER id SMACE AT MINIMUM IX SLOPE TO MODULAR FOUNDATION AS SHOWN. CONTRACTOR TO PROADE AND INSTALL 4' SS CLEANOUT IN LOCATIONS SHOWN. r } z I _I PROTECT EX SRNG POKER POLE IN PIACL J = 4❑ PROTECT EXISTING SON IN PLACE, Qn i a 5❑ PROTECT EXISNNG IRRIGATION BOXES IN PLACE F+i W I © PROTECT EX]STINO BUSINESS SON IN -LACE. NA S2 C PROTECT EXISTING ELECTRIC VAULT IN PLACE. � K� 1 � [LATCH LEGEND rE- ISI UMTTS OF MGOULAR FOUNDATION Nr/ q IIIail Wj 0� 0. y x 6 sR Know what's below. Z�3 e.F ¢Tif)POSEO tANewG rr a' -Ir sa a FOUNDATION PIAN SCA -E: 1--5' i i GENERAL NOTES: 1� 5� THE LOCATION Of EKISTNIO UNDERGROUND UnUrES ARE SHOWN IN AN APPROxRMTE WAY ONLY AND MAY NOT SHOW ALL UTILITIES WRH*I CONSTRUCTION LIMITS. iYl THE CONTRACTOR SHALLL DETERMINE THE LOCATION OF ALL EIUTILTREs. KNOWN AND UNKNOWN. BEFORE CONSTRUCTION BEGINS, THE CONTRACTOR AGREES TO BE FULLY rte- RESPONSIBLE FOR ALL DAMAGES WHICH MIGHT BE OCCASIONED BY THE CONTRACTORS FAILURE TO LOCATE AND PRESERVE ALL UNDERGROUND UTUITES. CALL TWO BUSINESS QAYS 'BEFORE YOU OIG. .311. �O VZ F.' CONSTRUCTION NOTES: 1. CONTRACTOR SHALL VERIFY ALL OIL&NSIONS AND CONORKRiS- THIS SIRUCRIRE SHALL BE V7 Z f ADEDUATELY BRAM FOR WINO OR E4NH0UAKE FORCES AND TEMPORARY FORCES DURING SETTING ^^ 0 V AND ERECTION U"L ALL URNS ILWYE BEEN PERMANLxTLY ATTACHED T4RETO. REMOVE W=�. ORGk"/SDD UNDER ALL FOUNDATION I I� F.-1- 2. SURROUND CDN$iRIICTON SITE WITH CONSRUCTION FENCE- h L.N O" J. DESIGN GOADS: Owp •a'.n' 4T4b ROOF OEAO LOAD 12 PSF I� ROOF SNOW L4N0 25 PSF 1^ u FLOOR DEAD LOAD 10 PSF Ey m. FLOOR LIVE LOAD 50 PSF+15 PSF (PARTITION) Aly WIND LOLL L—bdm-1.D VuR-140 WPM (YRW-108 MPH) 3 SECOND GUST -EAP P SEISMIC FOUNDATION SYSTEM: S. -DI Fa -1.490 Sd -0.585 RISK CATEGORY U F.y 1 M-1.0 SEISMIC DESIGN €ATEGORY C 1 SITE CLASS 0 _IIIj .T-1,. Mwz. BEAPoFIG 1750 PSF ON CONCRETE PRESS RTE 4- EXCEPT AS NOT®, DIMENSION LUMBER FOR FOUNDATION SHALL BE HEM -FIR. NO. 2 A BETTER ra- TREATED LUMBER SHALL BE ACO PRESSURE TREATED M ACCORDANCE WITH AWPA. STANDARD U1. USE CATEGORY UC4A, TO A MINIMUM RETENTION OF 0.401ACT. AT PIECES IN CONTACT WITH GROUNO, SAWN Q END GRAIN SYM1L- RE FIELD TREATED GOTTA 2[ MIN, DoNrENIRATION COPPER NAPHTHENATE. TREATED P;ATF STOCK SHALL BE GOOD OVAUTY AND SHALL NOT CONTAN E%E'SSIVE SPLITS, CHECKS OR WAME 2,4 FRAAItNC SN41L BE HEM -FAR. STANDARD OR BETTER. TREATED &4 FRAMING SHALL MEET THE REOUIREMENTS SPECIFIES ADM � 5. ALL NAILS TO BE HOT UPPED GALYANRED AT P.T_ MEMBERS. Tl] G. VENT CRAWL SPACE w/ (10) 15-S0. METAL 'LENTS (MODERN S-ANOARD). Q� 7. CONNECT STORM WATER FROM ROOF GUTTERS AND DOWNSPODIS AND DIRECT AWAY FROM P BUILDING PAD TO APPROVED DRAINAGE SYSTEM. �p x CV vlar } w ; KROA 1AI1am below. 2 IML �a7u N FTn. r - 5 _ Call III you dig. / 3 MTN NT4 I tj rr a' -Ir sa a FOUNDATION PIAN SCA -E: 1--5' i i GENERAL NOTES: 1� 5� THE LOCATION Of EKISTNIO UNDERGROUND UnUrES ARE SHOWN IN AN APPROxRMTE WAY ONLY AND MAY NOT SHOW ALL UTILITIES WRH*I CONSTRUCTION LIMITS. iYl THE CONTRACTOR SHALLL DETERMINE THE LOCATION OF ALL EIUTILTREs. KNOWN AND UNKNOWN. BEFORE CONSTRUCTION BEGINS, THE CONTRACTOR AGREES TO BE FULLY rte- RESPONSIBLE FOR ALL DAMAGES WHICH MIGHT BE OCCASIONED BY THE CONTRACTORS FAILURE TO LOCATE AND PRESERVE ALL UNDERGROUND UTUITES. CALL TWO BUSINESS QAYS 'BEFORE YOU OIG. .311. �O VZ F.' CONSTRUCTION NOTES: 1. CONTRACTOR SHALL VERIFY ALL OIL&NSIONS AND CONORKRiS- THIS SIRUCRIRE SHALL BE V7 Z f ADEDUATELY BRAM FOR WINO OR E4NH0UAKE FORCES AND TEMPORARY FORCES DURING SETTING ^^ 0 V AND ERECTION U"L ALL URNS ILWYE BEEN PERMANLxTLY ATTACHED T4RETO. REMOVE W=�. ORGk"/SDD UNDER ALL FOUNDATION I I� F.-1- 2. SURROUND CDN$iRIICTON SITE WITH CONSRUCTION FENCE- h L.N O" J. DESIGN GOADS: Owp •a'.n' 4T4b ROOF OEAO LOAD 12 PSF I� ROOF SNOW L4N0 25 PSF 1^ u FLOOR DEAD LOAD 10 PSF Ey m. FLOOR LIVE LOAD 50 PSF+15 PSF (PARTITION) Aly WIND LOLL L—bdm-1.D VuR-140 WPM (YRW-108 MPH) 3 SECOND GUST -EAP P SEISMIC FOUNDATION SYSTEM: S. -DI Fa -1.490 Sd -0.585 RISK CATEGORY U F.y 1 M-1.0 SEISMIC DESIGN €ATEGORY C 1 SITE CLASS 0 _IIIj .T-1,. Mwz. BEAPoFIG 1750 PSF ON CONCRETE PRESS RTE 4- EXCEPT AS NOT®, DIMENSION LUMBER FOR FOUNDATION SHALL BE HEM -FIR. NO. 2 A BETTER ra- TREATED LUMBER SHALL BE ACO PRESSURE TREATED M ACCORDANCE WITH AWPA. STANDARD U1. USE CATEGORY UC4A, TO A MINIMUM RETENTION OF 0.401ACT. AT PIECES IN CONTACT WITH GROUNO, SAWN Q END GRAIN SYM1L- RE FIELD TREATED GOTTA 2[ MIN, DoNrENIRATION COPPER NAPHTHENATE. TREATED P;ATF STOCK SHALL BE GOOD OVAUTY AND SHALL NOT CONTAN E%E'SSIVE SPLITS, CHECKS OR WAME 2,4 FRAAItNC SN41L BE HEM -FAR. STANDARD OR BETTER. TREATED &4 FRAMING SHALL MEET THE REOUIREMENTS SPECIFIES ADM � 5. ALL NAILS TO BE HOT UPPED GALYANRED AT P.T_ MEMBERS. Tl] G. VENT CRAWL SPACE w/ (10) 15-S0. METAL 'LENTS (MODERN S-ANOARD). Q� 7. CONNECT STORM WATER FROM ROOF GUTTERS AND DOWNSPODIS AND DIRECT AWAY FROM P BUILDING PAD TO APPROVED DRAINAGE SYSTEM. �p x CV vlar } w ; KROA 1AI1am below. 2 IML �a7u N FTn. r - 5 _ Call III you dig. / 3 12" MIN TO EDGE OF UNTREATED WOOD GRADE 30" LINE T3 TYP— 12" L WALL SECTION 1. ml, SLAB fIM MID -SPAN FOOTING 1. 1. W O 07 12" MIN TO EDGE OF UNTREATED WOOD 0'-8" FOUNDATION VENT GRADE 2% MIN 0'-2" MIN 30" LINE 4" MIN 3' TYP �-4" MIN 6- 12" L Oz WAIL SECTION AT FOUNDATTON VENT V =I' (2) 12D TOE NAIL EA. SIDE TYP. 4X8 OF#2 WEDGEISHIM P.T. 2 x 8 x 16'L. CAP (3)8xax16CMU WEDGEISHIM P.T. 2 x 8 x 16" L. CAP (2) 12D TOE NAIL EA. SIDE TYP. (3)8x8x16CMU SLAB MARRIAGE LINE FOOTING 1. = 1. 12" MIN TO EDGE OF UNTREATED WOOD 2% MIN , 3I0" ^+ f 7' CONCRETE LANDING 4" MIN d 4, P.T. 2 x 8 x 16"L. w N f f L -j 12^ O o ¢ (2) 6 x 12 POSTS (2) P.T. 8 x 10 x T-6" FLAT a WALL SECTION AT FOUNDATION VENT �a .�..} - 1• . 1• SLAB (6) P.T. 4 x 8 x 4'-0" FLAT Q CENTER COLUMN FOOTING 3 1 4, P.T. 2 x 8 x 16"L. CAP ¢ (2) 6 x 12 POSTS (2) P.T. 8 x 10 x T-6" FLAT (6) P.T. 4 x 8 x 4'-0" FLAT Q CENTER COLUMN FOOTING 3 1 Looking North Looking East 4 !u 0 kFlo AW i Y+rl �> a aaAA r1S T FF er ■1 l' i- t I 1. i bQ t 'l• � - '1t �.� yt, � _ _ , ' t �`ky ¢ y,�,�r'� ' ,"� r �,n. a ��* d} r. �:.+ro� s•� �_- _.�,,,s'�" � 6 v�� * _� �� �� _�.. ,� _ _rk'7p `'T-`� •�'�t' :*""^p. h, int. t �. '" "�Mf h �.. r'• T�yK _ ,`_ _ "'z...,;�` _ 'ri•�e�.w �'+•et.`�. i _ _ _ _ - t L .4.� " . x,�. '•G w-k w w,�Ta� ,rft ' n�p� `.`'4,.. _ 'L lljjjj r'� `�,"�'"�> -z"K, "F#lad ' #? .. fit_ j4 4 y 1 l i �y�s •'�. - I 'r '�,4!.s..•`�. �-,}za Ift'. f �•� -' sties` - PLANNING COMMISSION MINUTES 2/18/16 D. Special Permit Special Permit to locate a temporary structure for senior services (City of Pasco) IMF# SP 2016- 0041 Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner, discussed the special permit to locate a temporary modular building for senior services on city owned property on First Avenue. Last April the Planning Commission considered relocating the proposed building to the fire station on Oregon Avenue. After receiving bids on that project, it was determined to be too expensive to complete the project. The new proposal for the building is to move it across the street. The building is currently located on the northeast corner of the City Hall property and only it only needs to be moved 300 feet. The use of the building will require a special permit. The City is proposing to use the facility for the Meals on Wheels Program that is currently located in the Senior Center so the building will be refurbished and equipment will be placed in the building. There will possibly be other services related to senior activities taking place in the building. Staff is recommending to have the building pit set in some fashion to give it more of a permanent look and painted to match the government facility buildings in the neighborhood. Dan Dotta, 781 Tumbleweed Lane, Burbank WA spoke on behalf of the City on this application. He stated that they won't be able to pit set the building. What they will have to do is backfill up against the 2 foot tall foundation. The problem they ran into is the weight of the triple -wide into a pit and getting the beams out. This was the only alternative to get it set. But with the backfill there won't be any ramps and it will look like a permanent structure with landscaping around it. With no further questions or comments the public hearing closed. Commissioner Greenaway moved, seconded by Commissioner Portugal, to adopt findings of fact and conclusions therefrom as contained in the February 18, 2016 staff report. The motion passed unanimously. Commissioner Greenaway moved, seconded by Commissioner Portugal, based on the findings of fact and conclusions as adopted the Planning Commission recommend the City Council grant a special permit for the location of a modular building on parcel # 112-104-035 with conditions as contained in the February 18, 2016 staff report. The motion passed unanimously. Page 143 of 166 AGENDA REPORT FOR: City Council March 1, 2016 TO: Dave Zabell, City Manager Regular Meeting: 3/7/16 Rick White, Director Community & Economic Development FROM: Dave McDonald, City Planner Community & Economic Development SUBJECT: Rezone: GESA, C-1 (Retail Business to C-3 (General Business) (MF# Z 2015- 007) I. REFERENCE(S): Vicinity Map Report to the Planning Commission Planning Commission Minutes: Dated 1/21/16 & 2/18/21 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt the findings as contained in the Planning Commission report of February 18, 2016 and deny the rezone request under Master File # Z 2016- 007. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On January 21, 2016 the Planning Commission conducted a public hearing to determine whether or not to recommend rezoning the GESA property on Sylvester Street from C-1 to C-3. The rezone would have allowed the three strands of barb -wire (perimeter fencing on the site) to remain. The use of barb -wire is limited in the existing C-1 zone. Following the conduct of a public hearing, the Planning Commission reasoned it would not be appropriate to rezone the property and recommended denial of the request rezone. Page 144 of 166 No written appeal of the Planning Commission's recommendation has been received. V. DISCUSSION: The recommendation for denial was unanimous. The general consensus was that there were other options available to provide security for the new GESA building. Page 145 of 166 REPORT TO PLANNING COMMISSION MASTER FILE NO: Z 2015-007 HEARING DATE: 1/21/2016 ACTION DATE: 2/18/2016 APPLICANT: GESA Credit Union 2202 W. Sylvester Street Pasco, WA 99301 BACKGROUND REQUEST: REZONE: Rezone from C-1 (Office) to C-3 (General Business) 1. PROPERTY DESCRIPTION: Legal: Block 2, O'Keefes 3rd Addition, including vacated streets and alleys General Location: 2200 block of W. Sylvester Street Property 3.3 acres 2. ACCESS: The site has access from Sylvester Street. 3. UTILITIES: Municipal sewer and water lines currently serve the site. 4. LAND USE AND ZONING: The site is currently zoned C-1 (Retail Business) and contains a GESA Credit Union building and a GESA Administrative Service Building. Surrounding properties are zoned and developed as follows: NORTH: C-1 - School Playground SOUTH: R1 -A-2 - Manufactured Homes EAST: C-1 - Vacant/ Office WEST: R-4 - Multi -Family Residences 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the property for commercial uses. Those portions of the community designated for commercial development by the Comprehensive Plan could be zone "O", C-1, C-2, C-3 CR and BP. Land Use Goal ED -2 encourages the appropriate location and design of commercial facilities within the City. ED -2-B encourages the development of a wide range of commercial uses strategically located to support local and regional needs. LU -4-A suggests commercial facilities should be located near major street intersection to leverage the use of major infrastructure and to reduce commercial sprawl. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Determination of 1 Page 147 of 166 Non -Significance (DNS) has been issued for this project under WAC 197- 11-158. r_`,) r_` Wk -1 L11 The GESA credit union is seeking to rezone their property at 2202 W Sylvester Street from C-1 (Retail Business) to C-3 (General Business). Under the current Comprehensive Plan land use designation of commercial property could be zoned for "O", C-1, C-3, CR, and BP zoning. The specific zoning designation for the site is to be determined through the hearing process taking into consideration the site location, general purposes of each zoning district, street network and surrounding uses. The foregoing considerations should be factored into the rezone review criteria required by PMC 25.88.030. GESA originally built a credit union office on the property in 2000. In 2014 GESA obtained a permit to construct an administrative services building directly to the west of the credit union. The administrative services building is essentially a small computer server building that provides services to all of the GESA branches and small financial institutions that contract with GESA for computer services. The administrative services building is a secure building in the sense it is not frequented by the public, contains no windows and is surrounded by fencing. By contrast the adjacent credit union building is open and inviting in appearance and design with no security fencing. When the administrative services building was constructed a fence with three strands of barbed wire was installed around the property. Three strand barbed wire fencing is not permitted in the C-1 zone and as a result GESA was asked to remove the wire. Heavy security fencing with barbed wire creates an industrial/ heavy commercial look and as such is permitted only in C-3 and I zones. When the zoning code was amended in 1999 barbed wire was prohibited in C-1 zones except for one strand that may be place within 2 inches of the top rail of a fence. GESA was given the opportunity to keep on strand of barbed wire but that did not suit GESA's security needs. Having been unsuccessful in obtaining a wavier or variance from the Hearing Examiner to avoid installing a landscaped buffer along the south and west side of their property GESA opted not to apply for a variance on the barbed wire fencing. Because of serious concerns about their server equipment GESA feels it is necessary to have secured fencing with barbed wire. As a result the C-3 rezone option is being pursued. C-3 zoning is a permitted zoning classification on the comprehensive plan and it permits the installation of barbed wire fencing. 0) Page 148 of 166 The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria are listed below as follows: 1. The date the existing zone became effective: The current (C-1) zoning classification was established around 1969. 2. The changed conditions, which are alleged to warrant other or additional zoning: The only significant change on the property is the recent construction of the GESA administrative services building. The building requires a high degree of security because of the contents of the building. Barbed wire fencing is need for that security. 3. Facts to justify the change on the basis of advancing the public health, safety and general welfare: The construction of the new GESA building has created the need for a higher level of security on the GESA property. For the safety and security of the contents of the administrative services building a barbed wire fence is needed. C-3 zoning is the only commercial zone to permit security fencing with barbed wire. Protection of the GESA administrative services building is critical for GESA, GESA members and other banks that contract with GESA for computer service needs. The importance of the administrative services building reaches far beyond 2202 W. Sylvester Street and in that sense there could be a wider general welfare benefit to a rezone. 4. The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: The only way the proposed rezone will not impact the value and charter of neighboring properties is if the rezoned is conditioned to prohibit the heavy commercial land uses allowed under C-3 zoning. Heavy equipment sales and service, lumber yards and trucking firms are no appropriate at this location. 5. The effect on the property owner or owners if the request is not granted: Under the current zoning GESA is unable to provide the type of security they feel is necessary for the sensitive nature of the administrative services building at 2202 W Sylvester Street. 3 Page 149 of 166 STAFF FINDINGS OF FACT FOR APPROVAL Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The site is currently zoned C-1 (Retail Business) . 2. The site contains a DESA credit union and an administrative services building. 3. The site is located on W. Sylvester Street. 4. The Comprehensive Plan identifies the site for Commercial uses. 5. Commercial zoning falling under the commercial land use designation of the Plan includes the following zones: "O", C-1, C-2, C-3 CR and BP. C-2 zoning only applies to the Central Business District. 6. GESA has some critical security needs that are addressed by C-3 zoning that are not available in C-1 zones. (C-3 zoning permits a higher level of security fencing than C-1 zoning.) 7. C-3 zoning permits trucking operations, warehousing, heavy equipment sales and service lumber yards and similar uses. 8. The properties to the south and west have been developed with housing. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT FOR APPROVAL Before recommending approval or denial of a zoning amendment the Planning Commission must develop findings of fact from which to draw its conclusions based upon the criteria listed in PMC 25.88.060. The criteria are as follows: 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. The proposal is consistent with the land use designation of the Comprehensive Plan. The proposal is also supported by ED -2-B that encourages the development of a wide range of commercial uses strategically located to support local and regional needs. The building that is in need of the rezone provides services locally and regionally. 2. There is merit and value in the proposal for the community as a whole. The construction of the new GESA building has created the need for a higher level of security on the GESA property. For the safety and security of the contents of the administrative services building a barbed wire fence is needed. C-3 :I Page 150 of 166 zoning is the only commercial zone to permit security fencing with barbed wire. Protection of the GESA administrative services building is critical for GESA, GESA members and other banks that contract with GESA for computer service needs. The importance of the administrative services building reaches far beyond 2202 W. Sylvester Street and in that sense there could be merit and benefit to the wider community. 3. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. Many of the permitted uses within the C-3 zone would not be appropriate at this location adjacent to residential uses and across the street from a school playground. Conditions are therefore necessary to mitigate the adverse impacts of trucking firms, warehousing, lumber yards and similar uses. 4. A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A concomitant agreement should be required with this rezone essentially limiting the uses on the property to those currently existing (the credit union and the administrative services building). STAFF FINDINGS OF FACT FOR DENIAL Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The site is currently zoned C-1 (Retail Business) . 2. The site contains a GESA credit union and an administrative services building. 3. The site is located on W. Sylvester Street. 4. The Comprehensive Plan identifies the site for Commercial uses. 5. Commercial zoning falling under the commercial land use designation of the Plan includes the following zones: "O", C-1, C-2, C-3 CR and BP. C-2 zoning only applies to the Central Business District. 6. GESA has some security needs that the Credit Union can address by surrounding the property with three strands of barbed wire. C-3 zoning permits barbed wire and C-1 zoning does not. 7. The properties to the south and west have been developed with housing. 8. Barbed wire fencing is typically not found in or adjacent to residential neighborhoods. E Page 151 of 166 9. The placement of barbed wire adjacent to residential properties may not support the security of home life or create a more favorable environment for the neighborhood as identified in the purpose statement of the zoning regulations. 10. Other properties on Sylvester Street that contain barbed wire are either zoned C-3 or were developed before the zoning code was changed in the 1990's prohibiting three strands of barbed wire in C-1 zones. 11. One strand of barbed wire is permitted in C-1 zones providing an alternate form of security from the three strands of barbed wire. 12. The GESA Administrative Services building is an industrial looking building that was not built in harmony with the general character of the neighborhood. Permitting barbed wire fencing around the building will add to the industrial look of the property and further alienate the property from the general character of the neighborhood. 13. The GESA Administrative Services building was the catalyst for the recent code amendment that requires commercial buildings on major streets in C-1 zones to contain design features to preserve and protect property values by through the construction of aesthetically attractive buildings. Adding or maintaining barbed wire in the site detracts from the intent of the code amendment designed to foster an aesthetically pleasing environment. 14. C-3 zoning permits trucking operations, warehousing, heavy equipment sales and service lumber yards and similar uses that are not compatible with surrounding residential uses. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT FOR DENIAL Before recommending approval or denial of a zoning amendment the Planning Commission must develop findings of fact from which to draw its conclusions based upon the criteria listed in PMC 25.88.060. The criteria are as follows: 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. The proposal is consistent with the land use designation of the Comprehensive Plan. The proposal is also supported by ED -2-B that encourages the development of a wide range of commercial uses strategically located to support local and regional needs. The building that is in need of the rezone provides services locally and regionally. 2. There is merit and value in the proposal for the community as a whole. The construction of the new GESA building on Sylvester Street was the catalyst for a code amendment requiring commercial buildings on major streets in C-1 zones to contain design features to preserve and protect property values through no Page 152 of 166 the construction of aesthetically attractive buildings. There is no merit or value in the proposal to rezone the property to C-3 to allow barbed wire fencing. 3. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. Many of the permitted uses within the C-3 zone would not be appropriate at this location adjacent to residential uses and across the street from a school playground. Conditions are therefore necessary to mitigate the adverse impacts of trucking firms, warehousing, lumber yards and similar uses. 4. A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. C-3 zoning is inconsistent with the surrounding residential zoning and the nearby elementary school. Rezoning the property to C-3 would require conditions to eliminate all heavy commercial uses and activities such as barbed wire fencing that are not in harmony with the immediate neighborhood. This would essentially create a C-3 zone limited to C-1 uses and activities. The property is already zone C-1. S. The effect on the property owner or owners if the request is not granted: If the property is not rezoned GESA will need to remove two strands of barbed wire from the existing fence and look for an alternate method for security. RECOMMENDATION Motions for Approval MOTION for Findings of Fact: I move to adopt findings of fact and conclusions therefrom as contained in the February 18, 2016 staff report. MOTION for Recommendation: I move based on the findings of fact and conclusions as adopted the Planning Commission recommend the City Council rezone Parcel 119451059 from C-1 to C-3 with conditions limiting the uses to those permitted in the C-1 District. Motions for Denial MOTION for Findings of Fact: I move to adopt findings of fact and conclusions therefrom as contained in the February 18, 2016 staff report. 7 Page 153 of 166 MOTION for Denial: I move based on the findings of fact and conclusions as adopted the Planning Commission recommend the City Council deny the rezone request for Parcel 119451059. N. Page 154 of 166 Land Use Item: Rezone from C- 1 to C-3 Applicant: GESA Credit Union Map File #: Z 2015-007 �n nmm�nnn SYLVE Apartments ElementaryIzN- Vacant School ��\N N Ns, NSITE\ =IRRVINGST M N D N N D o 0� [SFDUs�o< I ry I Commercial W Q Vacant = 0 N Comm. YAKIMA ST Zoning Map Ul R-3 R-4 -3 Item: Rezone from C- 1 to C-3 Ain pplicant: GESA Credit Union File #: Z 2015-007 wI ERM 0 C-1 SYLVE C-1 SITE\ =IRRVING ST M N N N D O o R -1-A2 0 Q� I ry C-1 C-3 C-3 YAKIMA ST w Q 0 N ■ -Air-DO NOi ENTER . ...... . . . . . . fIj Looking West -0 0 PLANNING COMMISSION MEETING 1/21/16 F. Rezone Rezone from C-1 (Retail Business) to C-3 (General Business) (GESA) (MF# Z 2015-007) Chairwoman Polk read the master file number and asked for comments from staff. Rick White, Community 8v Economic Development Director, discussed the rezone which involves property near the corner of 20th Avenue and Sylvester Street. The Comprehensive Plan designates the property for commercial use, which means a variety of commercial districts would be applicable, such as: O, C-1, C-2, C-3, CR and BP. The GESA Administrative Service building was recently built and operates as a data center providing computer servers not only for GESA but other financial institutions. It is not frequented by the public and is not frequented by employees unless there for maintenance. The reason for the zone change is for the use itself, as it is more along the lines of a heavier commercial use and because GESA has installed security fencing along the parameter of the site. The fencing is not really visible from the front due to a block wall but it is visible on the sides. It is a three -strand barbed wire security system that is important for GESA and for their contract server clients. Barbed wire is not allowed in a C-1, at least not in the configuration in which it has been installed. The solution as proposed by staff would be to establish C-3 zoning where the barbed wire parameter fencing is allowed and pursue a concomitant agreement that would rule out every other use in the C-3 zone except for the data center. Staff recommended the Planning Commission approve a rezone to C-3 based upon delivery of a concomitant agreement. Chairwoman Polk asked for clarification on the location of the fencing. Mr. White responded that the fencing surrounds the entire building, however, the barbed wire is really only apparent if driving down Sylvester Street and glancing at it in certain spots. Commissioner Mendez asked if it is a stand-alone building. Mr. White said yes. Commissioner Bowers asked if this was one of the buildings that has upset the Planning Commission in the past. Mr. White replied that this building was the impetus of the design standards in the C- 1. 1 Page 162 of 166 Commissioner Bowers asked if the barbed wire fencing and gates were put up. Mr. White stated that the fencing, gates and wall are already in place. Chairwoman Polk asked if GESA was aware that they were not compliant with the zoning. Mr. White responded he didn't believe the contractor was aware of the restriction. Rick Thompson, 1616 Young Court, Kennewick, WA spoke on behalf of GESA Credit Union as the Vice President of Facilities. He stated it is a unique facility and was originally proposed as a high security fence. As for the details of the fencing they used the best practices that they knew of. The parameter fencing is a requirement for high security. Without the barbed wire it isn't a secured fence. There is a solid fence around two sides of the facility side by side; a wood fence on the property line near residential and a 6' chain link fence with slats. Chairwoman Polk asked if there were any other security measures other than the fencing. Mr. Thompson responded they have cameras, floodlights and berms so even if someone drives through the fence they can't get in. It is high security by federal standards. They tried to hide the entire facility while doing so and fit into the community. Chairwoman Polk asked if they had considered installing landscape buffers to obscure the views of the barbed wire fence. Mr. Thompson replied that they have a buffer along the back on the other side and grass between the two buildings. They did construct the 8' block wall on Sylvester. Matt Polk, 811 W. Margaret Street, spoke out against the GESA building and rezone. He stated that he lives just a few blocks from this property and adamantly is against the rezone of this property. The building is completely out of character with the neighborhood and should never have been allowed in city limits outside of the Port of Pasco. This facility is virtually a gargantuan shed, it's an eyesore for those who have to look at it and anyone can agree that the design and construction of this building is a prime example of corporate irresponsibility. He stated that it is a testament to the fact that the leaders at GESA Credit Union have contempt for the working class people that live nearby that will have to live with GESA's bad decision for years to come. If anything, this industrial barn should be dismantled and not expanded. He added that he would like to go on record as an official complainant of this property. The request for this rezone needs to be denied. There is no justification to zone it General Business. Mr. Thompson addressed the concerns voiced. He stated that the property was a 2 Page 163 of 166 vacant lot before and didn't have any value to anybody. They spoke to the neighbors next door and received no negative responses from them or the apartments that overlook it. He feels that they are good corporate neighbors. Mr. Polk replied that people value vacant land but what this is about is making a bad decision worse. He requests that the Planning Commission make the responsible choice to deny DESA more opportunities to encroach on the neighborhood to show them what corporate responsibility looks like. With no further questions or comments the public hearing closed. Commissioner Mendez asked since the building is already constructed what would happen to GESA if this application was denied. Mr. White responded that they would be non-compliant and would either have to remove the barbed wire, limit it to one strand which is allowed in C-1 zones or apply for a variance which is a doubtful path to go down. Chairwoman Polk asked why one strand of barbed wire not considered security fencing. Mr. White stated that he can't answer that. Dave McDonald, City Planner, stated that many years ago there was a concern about having barbed wire in neighborhood commercial zones because of the perception. The City proposed to eliminate it but some property owners wanted to keep it. The compromise was one strand. The three strands were limited to C-3 zones. Chairwoman Polk asked if one strand would put them into compliance. Mr. McDonald responded their definitions and federal guidelines require more. Chairwoman Polk asked if there were other security methods other and barbed wire. Mr. White replied he didn't know in terms of being federal compliant. Commissioner Portugal asked if other banks have such fences. Mr. White answered that he can't think of one but this building isn't a bank. Commissioner Portugal asked if there is anywhere else in the community where there is a security fence such as the once GESA constructed. Mr. White stated that the site on the corner of 20th Avenue and Sylvester Street that used to be Enterprise was surrounded by a triple strand of barbed wire but he couldn't think of any others off hand. 3 Page 164 of 166 Commissioner Mendez stated that when looking at the zoning map there are other C-3 zones on 20th Avenue and they could potentially put up three strands of barbed wire. Chairwoman Polk asked how that complies with the revisions to keep arterials up to standards. Mr. White responded that the revisions are silent on fencing. Chairwoman Polk asked if they correspond with C-3 zones as well. Mr. White answered that they are limited to C-1 zones only. Commissioner Bowers moved, seconded by Commissioner Greenaway, to close the hearing on the proposed rezone and initiate deliberations and schedule adoption of findings of fact, conclusions and a recommendation to the City Council for the February 18, 2016 meeting. The motion passed 3 to 2 with Commissioner Mendez and Commissioner Portugal dissenting. PLANNING COMMISSION MINUTES 2/18/16 D. Rezone Rezone from C-1 (Retail Business) to C-3 (General Business) (GESA) (MF# Z 2015-007) Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the rezone application from C-1 (Retail Business) to C-3 (General Business). The rezone is an effport to resolve the problem with three strands of barbed wire surrounding the GESA administrative service building located on Sylvester Street. The C-1 zoning district, which is the current zoning for the site, allows for a single strand of barbed wire. The administrative service building was constructed with three strands of barbed wire, at least on the sides of the building and the rezone was sought as a way to resolve that difference. As explained in the public hearing, the site has a need for high security. There was no clear direction on the sentiment of the Planning Commission so the public hearing was concluded and the findings were prepared for both approval and denial of the application. The Planning Commission is charged with having that deliberation and making a recommendation to City Council. Commissioner Khan asked the Commissioners if they were in favor of approval or denial. Chairman Cruz went polled the Commissioners.. 4 Page 165 of 166 Commissioner Khan stated she was a "yay" vote. Commissioner Portugal was a "nay" vote. Commissioner Greenaway stated that she was on the fence. Commissioner Polk stated that at the moment she would vote "nay". The applicant is looking to rezone the entire site which would include the bank and she did not want to see barbed wire on that part of the site as well, although they likely wouldn't. Also, it was mentioned in the findings of fact that the building was the reason for changing city code which was unanimously agreed upon and part of that code included that if any further renovations were done to the site to improve the value of the land GESA would have to meet the new code. If rezoned, it could allow them to avoid the new code. She stated that she understood they need three strands of barbed wire for the site but perhaps there could be a way to allow for a special permit for the barbed wire and have the site remain C-1 she would prefer that. It is a main arterial street in the city and it would be nice to see the new code continued to be relevant. Commissioner Bowers stated that she is inclined to vote "yay". But since they do need the three strand of barbed wire it would help if there was some landscaping around the barbed wire. Commissioner Mendez stated that he was a "nay" vote for the same reasons discussed by Commissioner Polk but he is open to a concomitant agreement. Chairman Cruz stated he read through the notes from the public hearing and he stated that he is empathetic to GESA's concerns and recognizes that the City allowed it to get permitted but making it C-3 for the single purpose of barbed wire seems Ludacris. He would vote to deny the rezone and make them work something out with the City to come up with an alternative solution. He stated that he is familiar with high security and there are many other ways to protect the building outside of barbed wire, although barbed wire is the most cost effective and therefore preferred. And while there are other C-3 properties in the area, they are not common C-3 uses and overtime will likely be zoned C-1. Commissioner Khan stated that she would change her vote to a "nay". Commissioner Khan moved, seconded by Commissioner Greenaway, to adopt findings of fact and conclusions therefrom as contained in the February 18, 2016 staff report. The motion passed unanimously. Commissioner Khan moved, seconded by Commissioner Greenaway, based on the findings of fact and conclusions as adopted the Planning Commission recommend the City Council deny the rezone request for parcel 119-451-059. The motion passed unanimously. 5 Page 166 of 166