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Home My WebLink About2017.01.03 Council Meeting PacketPage 5-10 11 - 13 14-15 AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. January 3, 2017 The Council meeting will take place on Tuesday, January 3 as City Hall will be closed Monday, January 2. 1. CALL TO ORDER: 2. ROLL CALL: (a) Pledge of Allegiance 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Council members or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. (a) Approval of Minutes To approve the Minutes of the Pasco City Council Meeting dated December 5, 2016. (b) Bills and Communications To approve claims in the total amount of $1,962,829.35 ($1,264,418.84 in Check Nos. 213337-213558; $698,410.51 in Electronic Transfer Nos. 813354-813356, 813407, 813439-813440, 813443-813444); $55,089.75 in Check Nos. 50068-50094; $1,018,905.46 in Electronic Transfer Nos. 30101839-30102344; $2,757,669.27 in Electronic Transfer No. 315-328. 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 $271,550.62 and, of that amount, authorize $192,659.44 be turned over for collection. (c) Bills and Communications To approve claims in the total amount of $1,547,309.30 ($819,633.66 in Check Nos. 213559-213816; $727,675.64 in Electronic Transfer Nos. 813357-813406, 813408-813438, 813441-813442, 813446-813702); $31,703.00 in Check Nos. 50095-50130; $626,345.80 in Electronic Transfer Page 1 of 132 16-47 48-54 55-61 Regular Meeting January 3, 2017 Nos. 30102346-30102838; $2,000.00 in Electronic Transfer No. 329. (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) E Annexation: Barker Annexation (MF# ANX 2016-002) CONDUCT PUBLIC HEARING: MOTION A: I move to adopt Ordinance No. 4330, relating to annexation and annexing certain real property to the City of Pasco and, further, authorize publication by summary only. MOTION B: I move to adopt Ordinance No. 4331, assigning zoning to the Barker Annexation Area as recommended by the Planning Commission and, further, authorize publication by summary only. (b) 0 Street Vacation: A Portion of E. Clark Street (MF# VAC 2016-011) CONDUCT PUBLIC HEARING MOTION: I move to adopt Ordinance No. 4332, vacating a portion of East Clark Street and, further, authorize publication by summary only. (c) ■ Street Vacation: A Portion of Industrial Place (MF# VAC 2016-010) CONDUCT PUBLIC HEARING Page 2 of 132 Regular Meeting January 3, 2017 MOTION: I move to adopt Ordinance No. 4333, vacating a portion of Industrial Place and, further, authorize publication by summary only. 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: 62-82 (a) Q* Special Permit: Location of a Cosmetology & Barber School (MF# SP 2016-012) MOTION: I move to approve Resolution No. 3744, accepting the Planning Commission's recommendation and approving a special permit for the location of a Cosmetology & Barber School at 915 W. Court Street. 83-104 (b) ® Special Permit: Location of an Early Learning Center in the Senior Center Building (MF# SP 2016-014) MOTION: I move to approve Resolution No. 3745, accepting the Planning Commission's recommendation and approving a special permit for the location of an Early Learning Center at 1315 N. 7th Avenue. 105- 125 (c) Q* Special Permit: Mini -Storage Facility in a C-1 Zone (MF# SP 2016- 013) MOTION: I move to approve Resolution No. 3746, approving a special permit for the location of a mini -storage facility located on Lot 4 of Binding Site Plan 2004-08. 9. UNFINISHED BUSINESS: 10. NEW BUSINESS: 126-132 (a) I Utility Easement: Croskrey Water Line Easement (MF# ESMT 2016- 001) MOTION: I move to accept the water line easement from Croskrey Properties LLC for Parcel # 117250030 located at 3302 Road 44. 11. MISCELLANEOUS DISCUSSION: 12. EXECUTIVE SESSION: 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed Page 3 of 132 Regular Meeting Q Quasi -Judicial Matter MF# "Master File #...." January 3, 2017 REMINDERS: 12:00 p.m., Wednesday, January 4, 2601 N. Capitol Avenue — Franklin County Mosquito Control District Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; AL YENNEY, Alt.) 5:30 p.m., Thursday, January 5, P&R Classroom — Parks & Recreation Advisory Board Meeting. (COUNCILMEMBER SAUL MARTINEZ, Rep.; CHI FLORES, Alt.) This meeting is broadcast live on PSC -TV Channel 191 on Charter Cable and streamed at www.Pasco-wa.i!ov/Psctvlive. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Page 4 of 132 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 12.05.2016 December 14, 2016 Regular Meeting: 1/3/17 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the Minutes of the Pasco City Council Meeting dated December 5, 2016. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 5 of 132 REGULAR MEETING CALL TO ORDER: MINUTES PASCO CITY COUNCIL DECEMBER 5, 2016 The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmembers present: Chi Flores, Rebecca Francik, Robert Hoffmann, Tom Larsen, Saul Martinez, Matt Watkins and Al Yenney. Staff present: Dave Zabell, City Manager; Stan Strebel, Deputy City Manager; Leland Kerr, City Attorney; Richard Terway, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Ahmad Qayoumi, Public Works Director; Richa Sigdel, Finance Director; Bob Metzger, Police Chief; Bob Gear, Fire Chief; Dan Ford, City Engineer; Dan Dotta, Facilities Manager; Troy Hendren, Inspection Services Manager and Dave Hare, Assistant 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 November 21, 2016. Bills and Communications To approve claims in the total amount of $1,854,261.14 ($1,126,848.76 in Check Nos. 213030-213336; $727,412.38 in Electronic Transfer Nos. 812812- 812813, 812816, 813021-813109, 813121-813353); $26,463.28 in Check Nos. 50037-50067; $618,480.13 in Electronic Transfer Nos. 30101337-30101838; $1,998,449.72 in Electronic Transfer No. 314. Final Plat: Madison Park, Phase 2 (MF# FP 2016-013) To approve the Final Plat for Madison Park, Phase 2. December Council Meeting Cancellations To cancel the following Council Meetings: Monday, December 12 Workshop meeting, Monday, December 19 Regular meeting and the Monday, December 26 Workshop meeting. MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr. Yenney seconded. Motion carried by the following Roll Call vote: Yes - Yenney, Flores, Francik, Larsen, Martinez, Watkins. No - Hoffmann. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: 2016 Operating & CIP Budget Amendment Mayor Watkins declared the Public Hearing open to consider the proposed budget amendment. Page 1 of 5 Page 6 of 132 MINUTES REGULAR MEETING PASCO CITY COUNCIL DECEMBER 5, 2016 Following three calls for comments, and there being none, Mayor Watkins declared the Public Hearing closed. Council and staff discussed the proposed budget amendment, including rising health care costs. MOTION: Ms. Francik moved to adopt Ordinance No. 4319, amending the 2016 Annual Operating Budget of the City of Pasco by providing supplement thereto; by appropriating revenue received in excess of estimated revenues for the current year and by providing transfers and adjustment authority and, further, authorize publication by summary only. Mr. Yenney seconded. Motion carried unanimously. 2017 Operating & Capital Projects Budget Ordinances - Second Reading Mayor Watkins declared the Public Hearing open to consider the proposed budgets. Following three calls for comments, and there being none, Mayor Watkins declared the Public Hearing closed. MOTION: Ms. Francik moved to adopt Ordinance No. 4317, approving the City of Pasco Annual Operating Budget for the Year 2017 and, further, authorize publication by summary only. Mr. Yenney seconded. Motion carried unanimously. MOTION: Ms. Francik moved to adopt Ordinance No. 4318, approving the City of Pasco Capital Projects Budget for the Year 2017 and, further, authorize publication by summary only. Mr. Yenney seconded. Motion carried unanimously. Animal License Fees Council and staff discussed the proposed ordinance. MOTION: Ms. Francik moved to adopt Ordinance No. 4320, amending Pasco Municipal Code Section 3.07.020 "Animal License Fees", and further, authorize publication by summary only. Mr. Yenney seconded. Motion carried unanimously. Rental Inspection Fees Council and staff discussed the proposed ordinance. MOTION: Ms. Francik moved to adopt Ordinance No. 4321, amending Pasco Municipal Code Section 3.07.050 "Rental License Fees", and further, authorize publication by summary only. Mr. Yenney seconded. Motion carried unanimously. Ambulance Utility Rate Council and staff discussed the proposed ordinance. MOTION: Ms. Francik moved to adopt Ordinance No. 4322, amending PMC 3.07.010, "Ambulance Service Rates", and, further, authorize publication by summary only. Mr. Yenney seconded. Motion carried unanimously. Irrigation Water Utility Fees Council and staff discussed the proposed ordinance. Page 2 of 5 Page 7 of 132 MINUTES REGULAR MEETING PASCO CITY COUNCIL DECEMBER 5, 2016 MOTION: Ms. Francik moved to adopt Ordinance No. 4323, amending PMC 3.07.210(A), "Irrigation Water Utility Fees", and, further, authorize publication by summary only. Mr. Yenney seconded. Motion carried unanimously. Non -Represented Wage and Salary Plans Council and staff discussed the proposed ordinances. MOTION: Ms. Francik moved to adopt Ordinance No. 4324, providing for certain adjustments in the non -represented, non -management wage plan beginning January 1, 2017 and, further, authorize publication by summary only. Mr. Martinez seconded. Motion carried by the following Roll Call vote: Yes — Watkins, Yenney, Flores, Francik, Martinez. No — Hoffmann, Larsen. MOTION: Ms. Francik moved to adopt Ordinance No. 4325, providing for certain adjustments in the management salary plan beginning January 1, 2017 and, f n-ther, authorize publication by summary only. Mr. Martinez seconded. Motion carried by the following Roll Call vote: Yes — Martinez, Watkins, Yenney, Flores, Francik. No — Hoffmann, Larsen. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Park, Recreation & Forestry Plan Update Council and staff discussed the proposed resolution. MOTION: Ms. Francik moved to approve Resolution No. 3742, accepting and adopting the Comprehensive Parks, Recreation & Forestry Plan 2016 update. Mr. Martinez seconded. Motion carried unanimously. Verizon Wireless Cell Facilities in a C-1 Zone (MF# SP 2016-011) Council and staff discussed the proposed resolution. MOTION: Ms. Francik moved to approve Resolution No. 3743, approving a special permit for the location of Wireless Communication Facilities in a C-1 (Retail Business) Zone, as recommended by the Planning Commission. Mr. Yenney seconded. Motion carried unanimously. ProMade Homes Rezone from C-1 to R-3 (MF# Z 2016-004) Council and staff discussed the proposed ordinance. MOTION: Ms. Francik moved to adopt Ordinance No. 4326, rezoning Lot 21, Cole's Estates from C-1 (Retail Business) to R-3 (Medium -Density Residential), and further, authorize publication by summary only. Mr. Yenney seconded. Motion carried unanimously. Sharma Comprehensive Plan Amendment (MF# CPA 2016-001) Council and staff discussed the proposed ordinance. MOTION: Ms. Francik moved to adopt Ordinance No. 4327, amending the Comprehensive Plan by changing the Low -Density Residential land use designation at the intersection of Burns Road and Broadmoor Boulevard to High -Density Residential, and further, authorize publication by summary only. Mr. Yenney seconded. Motion carried unanimously. Page 3 of 5 Page 8 of 132 MINUTES REGULAR MEETING PASCO CITY COUNCIL DECEMBER 5, 2016 Rowell Comprehensive Plan Amendment (MF# CPA 2016-003) Council and staff discussed the proposed ordinance. MOTION: Ms. Francik moved to adopt Ordinance No. 4328, amending the Comprehensive Plan designation for Blocks 1, 7, 8, 9, and 10 of the Washington Addition to Pasco Subdivision from Low -Density Residential and Mixed Residential/Commercial to Commercial, and further, authorize publication by summary only. Mr. Yenney seconded. Motion carried unanimously. City Council Compensation Council and staff discussed the proposed ordinance. MOTION: Ms. Francik moved to adopt Ordinance No. 4329, amending Section 2.16.010 relating to Councilmember salaries and, further, authorize publication by summary only. Mr. Yenney seconded. Motion carried by the following Roll Call vote: Yes — Martinez, Watkins, Francik, Yenney, Flores. No — Larsen, Hoffmann. NEW BUSINESS: Animal Control Interlocal Agreements Council and staff discussed the proposed ordinance. MOTION: Ms. Francik moved to approve the Interlocal Agreement for Construction of an Animal Control Authority Facility, and, further, authorize the Mayor to execute the agreement. Mr. Yenney seconded. Motion carried unanimously. MOTION: Ms. Francik moved to approve the Interlocal Agreement for Creation & Operation of Animal Control Authority and, further, authorize the Mayor to execute the agreement. Mr. Martinez seconded. Motion carried unanimously. Levee 12-2 Lowering - PSA with Cowling & Co. LLC Council and staff discussed the proposed ordinance. MOTION: Ms. Francik moved to approve the Professional Services Agreement with Cowling & Co. LLC, dba Widener & Associates, for environment review and cost benefit analysis of the proposed reduction of Levee 12-2, as required by the USACE, and, further authorize the City Manager to execute the agreement. Mr. Yenney seconded. Motion carried unanimously. Mr. Yenney left the Council Chambers. Professional Services Agreement for the Constructability Review, Construction Management and Inspection Services of the Oregon Avenue Corridor Improvements Project MOTION: Ms. Francik moved to approve the Professional Services Agreement for the Constructability Review, Construction Management and Inspection Services of the Oregon Avenue Corridor Improvements Project with Akana and, further, authorize the City Manager to execute the Agreement. Mr. Martinez seconded. Motion carried unanimously. Page 4 of 5 Page 9 of 132 MINUTES REGULAR MEETING PASCO CITY COUNCIL DECEMBER 5, 2016 Bid Award: 2016 Annual Sewer Relining MOTION: Ms. Francik moved to award the 2016 Sewer Line Relining project to Planned & Engineered Construction, Inc. in the amount of $252,495.00 and, further, authorize the City Manager to execute the contract documents. Mr. Martinez seconded. Motion carried by unanimous Roll Call vote. Bid Award: Road 38 Stormwater Retrofit MOTION: Ms. Francik moved to award the Road 38 Stormwater Retrofit project to C&E Trenching, LLC in the amount of $51,201.53 and, further, authorize the City Manager to execute the contract documents. Mr. Martinez seconded. Motion carried by unanimous Roll Call vote. Mr. Yenney returned to the Council Chambers. MISCELLANEOUS DISCUSSION: Mr. Zabell updated Council on the Community Risk Reduction Pilot Program, the opening of the new Police Community Services Building and noted de-icer is being applied to the streets and crews are ready for the winter weather. Ms. Francik reminded all the Pasco Public Facilities District meeting is Tuesday at 6 p.m. and the Cable Bridge Run takes place on December 17th. Mr. Martinez noted the Regional Public Facilities District meeting is Wednesday, Desert Plateau Luminaria is December 17th and noted he has received many positive comments on the Christmas Decorations the City installed around town. Mr. Yenney noted the Tree Lighting in Peanuts Park is at 5 p.m. Saturday, December 10th. Mayor Watkins thanked Councilmembers, staff and citizens for their support in 2016. Mr. Flores wished everyone Happy Holidays, Merry Christmas and Happy New Year. I1 11 Lei" 1110051 D1►Y IA There being no further business, the meeting was adjourned at 9:02 p.m. APPROVED: Matt Watkins, Mayor ATTEST: Debra Clark, City Clerk PASSED and APPROVED this 3rd day of January, 2016 Page 5 of 5 Page 10 of 132 AGENDA REPORT FOR: City Council TO: Dave Zabell, City Manager FROM: Richa Sigdel, Director Finance SUBJECT: Bills and Communications I. REFERENCE(S): Accounts Payable 12.19.16 Bad Debt Write-off/Collection 11.30.16 December 15, 2016 Regular Meeting: 1/3/17 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $1,962,829.35 ($1,264,418.84 in Check Nos. 213337-213558; $698,410.51 in Electronic Transfer Nos. 813354-813356, 813407, 813439-813440, 813443-813444); $55,089.75 in Check Nos. 50068-50094; $1,018,905.46 in Electronic Transfer Nos. 30101839-30102344; $2,757,669.27 in Electronic Transfer No. 315-328. 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 $271,550.62 and, of that amount, authorize $192,659.44 be turned over for collection. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 11 of 132 CITY OF PASCO Council Meeting of: December 19, 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 Richa Sigdel, Finance Director We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 7th day of November, 2016 that the merchandise or services hereinafter specified have been received and are approved for payment: Claims Bank Payroll Bank Check Numbers 213337-213558 50068-50094 Total Check Amount $1,264,418.84 $55,089.75 Electronic Transfer Numbers 813354-813356 30101839-30102344 813407 813439-813440 813443-813444 Total EFT Amount $698,410.51 $1,018,905.46 Councilmember Gen'I Bank Electronic Bank 315-328 $2,757,669.27 $0.00 SUMMARY OF CLAIMS BY FUND: GENERALFUND STREET ARTERIAL STREET STREET OVERLAY C.D. BLOCK GRANT HOME CONSORTIUM GRANT NSP GRANT MARTIN LUTHER KING COMMUNITY CENTER AMBULANCE SERVICE CEMETERY ATHLETIC PROGRAMS GOLF COURSE SENIOR CENTER OPERATING MULTI -MODAL FACILITY SCHOOL IMPACT FEES RIVERSHORE TRAIL & MARINA MAIN SPECIAL ASSESSMENT LODGING LITTER ABATEMENT REVOLVING ABATEMENT TRAC DEVELOPMENT & OPERATING PARKS ECONOMIC DEVELOPMENT STADIUM/CONVENTION CENTER LID GENERAL CAP PROJECT CONSTRUCTION UTILITY, WATER/SEWER EQUIPMENT RENTAL - OPERATING GOVERNMENTAL EQUIPMENT RENTAL - OPERATING BUSINESS EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL EQUIPMENT RENTAL - REPLACEMENT BUSINESS MEDICAL/DENTAL INSURANCE FLEX PAYROLL CLEARING GRAND TOTAL ALL FUNDS: Combined Total Checks $ 1,319,508.59 Total EFTs $ 4,474,985.24 Grand Total $ 5,794,493.83 Councilmember 1,589,362.53 2,453.21 0.00 0.00 6,272.48 7,848.99 336.15 2,085.22 30,088.22 5,661.12 17,758.56 49,028.82 3,107.36 1,451.08 177,954.00 0.00 26,439.16 0.00 1,667.52 20,836.50 0.00 6,538.14 0.00 0.00 324,194.10 1,678,686.78 34,457.97 9,294.48 9,798.83 0.00 286,654.29 8,751.08 1,493,767.24 $ 5,794,493.83 Page 12 of 132 BAD DEBT WRITE-OFF/COLLECTION Nov 1 —Nov 30. 2016 1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-off are under $10 with no current forwarding address, or are accounts in "occupant" status. Accounts submitted for collection exceed $10.00. 2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct write off including DSHS and Medicare customers; the law requires that the City accept assignment in these cases. 3. COURT ACCOUNTS RECEIVABLE - These are all delinquent non -criminal and criminal fines, and parking violations over 30 days past due. 4. CODE ENFORCEMENT — LIENS - These are Code Enforcement violation penalties which are either un -collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. 5. CEMETERY - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 6. GENERAL - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Page 13 of 132 Direct Referred to Total Write-off Collection Write-off Utility Billing $ 23.77 1,578.23 1,602.00 Ambulance $ 78,867.41 17,000.63 95,868.04 Court A/R $ .00 162,863.00 162,863.00 Code Enforcement $ .00 11,217.58 11,217.58 Cemetery $ .00 .00 .00 General $ .00 .00 .00 Miscellaneous $ .00 .00 .00 TOTAL: $ 78,891.18 192,659.44 271,550.62 Page 13 of 132 AGENDA REPORT FOR: City Council TO: Dave Zabell, City Manager Regular Meeting: 1/3/17 FROM: Richa Sigdel, Director Finance SUBJECT: Bills and Communications I. REFERENCE(S): Accounts Payable 01.03.17 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $1,547,309.30 ($819,633.66 in Check Nos. 213559-213816; $727,675.64 in Electronic Transfer Nos. 813357-813406, 813408- 813438, 813441-813442, 813446-813702); $31,703.00 in Check Nos. 50095-50130; $626,345.80 in Electronic Transfer Nos. 30102346-30102838; $2,000.00 in Electronic Transfer No. 329. III. FISCAL IMPACT: V. DISCUSSION: Page 14 of 132 CITY OF PASCO Council Meeting of: January 3, 2017 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 Richa Sigdel, Finance Director We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 3rd day of January. 2017 that the merchandise or services hereinafter specified have been received and are approved for payment: Councilmember Gen'I Bank Electronic Bank 329 $2,000.00 $0.00 SUMMARY OF CLAIMS BY FUND: GENERALFUND STREET ARTERIAL STREET STREET OVERLAY C.D. BLOCK GRANT HOME CONSORTIUM GRANT NSP GRANT MARTIN LUTHER KING COMMUNITY CENTER AMBULANCE SERVICE CEMETERY ATHLETIC PROGRAMS GOLF COURSE SENIOR CENTER OPERATING MULTI -MODAL FACILITY SCHOOL IMPACT FEES RIVERSHORE TRAIL & MARINA MAIN SPECIAL ASSESSMENT LODGING LITTER ABATEMENT REVOLVING ABATEMENT TRAC DEVELOPMENT & OPERATING PARKS ECONOMIC DEVELOPMENT STADIUM/CONVENTION CENTER LID GENERAL CAP PROJECT CONSTRUCTION UTILITY, WATER/SEWER EQUIPMENT RENTAL - OPERATING GOVERNMENTAL EQUIPMENT RENTAL - OPERATING BUSINESS EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL EQUIPMENT RENTAL - REPLACEMENT BUSINESS MEDICAL/DENTAL INSURANCE FLEX PAYROLL CLEARING GRAND TOTAL ALL FUNDS: Combined Total Checks $ 851,336.66 Total EFTs $ 1,356,021.44 Grand Total $ 2,207,358.10 Councilmember 348,299.70 46,381.74 0.00 0.00 20,012.45 0.00 0.00 1,583.59 16,753.72 6,336.10 6,779.10 20,871.37 3,297.85 1,495.73 0.00 350.05 0.00 1,194.26 475.35 0.00 0.00 19,141.38 12,841.06 0.00 46,954.24 462,625.93 10,063.06 3,569.35 3,343.96 0.00 151,261.71 2,226.63 1,021,499.77 $ 2,207,358.10 Page 15 of 132 Claims Bank Payroll Bank Check Numbers 213559-213816 50095-50130 Total Check Amount $819,633.66 $31,703.00 Electronic Transfer Numbers 813357-813406 30102346-30102838 813408-813438 813441-813442 813446-813702 Total EFT Amount $727,675.64 $626,345.80 Councilmember Gen'I Bank Electronic Bank 329 $2,000.00 $0.00 SUMMARY OF CLAIMS BY FUND: GENERALFUND STREET ARTERIAL STREET STREET OVERLAY C.D. BLOCK GRANT HOME CONSORTIUM GRANT NSP GRANT MARTIN LUTHER KING COMMUNITY CENTER AMBULANCE SERVICE CEMETERY ATHLETIC PROGRAMS GOLF COURSE SENIOR CENTER OPERATING MULTI -MODAL FACILITY SCHOOL IMPACT FEES RIVERSHORE TRAIL & MARINA MAIN SPECIAL ASSESSMENT LODGING LITTER ABATEMENT REVOLVING ABATEMENT TRAC DEVELOPMENT & OPERATING PARKS ECONOMIC DEVELOPMENT STADIUM/CONVENTION CENTER LID GENERAL CAP PROJECT CONSTRUCTION UTILITY, WATER/SEWER EQUIPMENT RENTAL - OPERATING GOVERNMENTAL EQUIPMENT RENTAL - OPERATING BUSINESS EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL EQUIPMENT RENTAL - REPLACEMENT BUSINESS MEDICAL/DENTAL INSURANCE FLEX PAYROLL CLEARING GRAND TOTAL ALL FUNDS: Combined Total Checks $ 851,336.66 Total EFTs $ 1,356,021.44 Grand Total $ 2,207,358.10 Councilmember 348,299.70 46,381.74 0.00 0.00 20,012.45 0.00 0.00 1,583.59 16,753.72 6,336.10 6,779.10 20,871.37 3,297.85 1,495.73 0.00 350.05 0.00 1,194.26 475.35 0.00 0.00 19,141.38 12,841.06 0.00 46,954.24 462,625.93 10,063.06 3,569.35 3,343.96 0.00 151,261.71 2,226.63 1,021,499.77 $ 2,207,358.10 Page 15 of 132 AGENDA REPORT FOR: City Council TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development FROM: Dave McDonald, City Planner Community & Economic Development SUBJECT: Annexation: Barker Annexation (MF# ANX 2016-002) I. REFERENCE(S): Vicinity Map Annexation Petition Proposed Annexation Ordinance Proposed Zoning Ordinance Planning Commission Report Planning Commission Minutes Dated: 8/18/16 December 14, 2016 Regular Meeting: 1/3/17 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: CONDUCT PUBLIC HEARING: MOTION A: I move to adopt Ordinance No. , relating to annexation and annexing certain real property to the City of Pasco and, further, authorize publication by summary only. MOTION B: I move to adopt Ordinance No. , assigning zoning to the Barker Annexation Area as recommended by the Planning Commission and, further, authorize publication by summary only. III. FISCAL IMPACT: An additional $450,500 will be added to the assessed value of the City. Taxes and fees collected will be minimal until the property is fully developed. However, upon annexation the City will be responsible for public safety and other service functions. IV. HISTORY AND FACTS BRIEF: Page 16 of 132 On June 20, 2016, the City Council passed Resolution No. 3716 accepting a "Notice and Intent" to commence annexation proceedings for the Barker Annexation Area. The property owners submitted the annexation petition during the last week of October 2016. The petition has been reviewed by the County Assessor and has been determined to be sufficient to constitute a legally acceptable petition under the petition method of annexation. The petition represents 95.5 percent of the assessed value for the annexation area. The next step in the annexation process requires the City Council to hold a public hearing on the proposed annexation. V. DISCUSSION: The proposed Annexation Ordinance (Motion "A"), if adopted, will cause the area in question to be annexed to the City subject to the following conditions: 1. The Pasco Comprehensive Plan will continue to be applicable to the area. 2. The annexation area will not assume any existing bonded indebtedness. 3. The annexation area will be assigned to Voting District #4. The Planning Commission conducted a zoning determination hearing for the proposed annexation area on August 18, 2016 and recommended the area be RS -1 (Low- Density Residential). Motion "B" will establish RS -1 zoning for the annexation area. Page 17 of 132 Vicinit Item: Burns Rd. & Broadmoor Blvd. Area Annexation y " Applicant: Barker Family W E Map File #: ANX 2016-002 S UJ di M an Growth Boundary SITE O CO �EM�WD �,,<: City Limits BURNS RD T BURNS RD POWEF .ACi,,-Limits,— �, o NORFOLK DR _ CD a . O' _ H - � =N STTM DR PETITION FOR ANNEXATION TO THE CITY OF PASCO TO: The City Council of the City of Pasco 525 North Third Avenue Pasco, Washington 99301 The undersigned, being the owners of not less than sixty percent (60%), in value, according to the assessed valuation for general taxation, of the real property described in Exhibit "A" attached hereto, lying contiguous to the City of Pasco, Washington, do hereby petition that such territory be annexed to and made a part of the City of Pasco under the provisions of RCW 35.14.120, et seq., and any amendments thereto, of the State of Washington. The territory proposed to be annexed is within Franklin County, Washington, and is described in Exhibit "I", attached hereto. WHEREFORE, the undersigned respectively petition the Honorable City Council and ask: (a) That appropriate action be taken to entertain this petition, fixing a date for a public hearing, causing notice to be published and posted, specifying the time and place of such hearing, and inviting all persons interested to appear and voice approval or disapproval of such annexation; and, (b) That following such hearing the City Council determine by Ordinance that such annexation shall be effective; and that property so annexed shall become a part of the City of Pasco, Washington, subject to its laws and ordinances then and thereafter enforced. The Petitioners subscribing hereto agree that all property within the territory hereby sought to be annexed shall not assume any existing indebtedness and will not require simultaneous adoption of zoning regulations in accordance with the City Council's acceptance of the Notice of Intention to Commence Annexation as indicated in Resolution No. 3716 as recorded in the June 20, 2016 Council minutes of the City of Pasco, Washington, This Petition is accompanied by and has attached hereto as Exhibit "2" a diagram which outlines the boundaries of the property sought to be annexed. Page 19 of 132 WARNING: Every person who signs this petition with any other than his/her name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he/she is not a Iegal voter, or signs a. petition when he/she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. PRAYER OF PETITION: (1) Annexation of area described and depicted in Exhibits "I" and "2", without (2) assumption of indebtedness of the City of Pasco and without (3) simultaneous adoption of the City of Pasco Zoning Regulations. DATE OWNER'S SIGNATURE PRINT NAME/ADDRESS SIGNED 2. 3. 4. 5. 6. 7. 8. 9. h0. 11. 12. 2 Page 20 of 132 WARNING: Every person who signs this petition with any other than his/her name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he/she is not a legal voter, or signs a petition when he/she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. PRAYER OF PETITION: (1) Annexation of area described and depicted in Exhibits "i" and "2", without (2) assumption of indebtedness of the City of Pasco and without (3) simultaneous adoption of the City of Pasco Zoning Regulations. DATE OWNER'S SIGNATURE PRINT NAME/ADDRESS SIGNED 1. 2. C _7 A ✓� ALJ 7, 0 4. 5. 6. 7. -- S. 9. 10. 31. 12. Page 21 of 132 ❑YARNING: Every person who signs this petition with any other than his/her name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he/she is not a legal voter, or signs a petition when he/she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor. PRAYER OF PETITION: (1) Annexation of area described and depicted in Exhibits " f " and "2", without (2) assumption of indebtedness of the City of Pasco and without (3) simultaneous adoption of the City of Pasco Zoning Regulations. DATE OWNER'S SIGNATURE PRINT NAME/ADDRESS SIGNED =02- 3. 4. 5. 6. 7. S. 9. 10. 11. 12. Page 22 of 132 Affidavit of Signature for Annexation Notice of Intent and Petition Under the penalty of perjury, I declare under oath, that I am authorized to sign deeds and encumbrances on behalf of the Joyce Barker Estate and I am further authorized to sign other documents including Annexation Petitions. D/ k 12-t?/lv Date State of Washington } }: ss. County of } I certify that I know or have satisfactory evidence that J 1 IS is the person who appeared bef a me, and said person acknowledged that (h she signed this instrument, on oath stated that (he he) was authorized to execute the instrument and acknowledged it as the S t El n e ✓" of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Given under my hand and official seal this '7T day of QJ -a0 r �o V . eO,( A R r • ��+ .' N en a�16,,,r�Staate- �fshi�nVgton Residing at: L c�, i�� My Commission Expires: AUA RY XXe OF N! Page 23 of 132 Affidavit of Signature for Annexation Petition Under the penalty of perjury, I declare under oath, that I arra authorized to sign deeds and encumbrances on behalf of the Barker Testamentary Trust and I arra further authorized to sign other documents including Annexation Petitions. Signature State of Washington } }: ss. County of �� ) I certify that I know or have satisfactory evidence that 'T— f (A' U-5 r is the person who appeared bef me, and said person acknowledged that (he/a signed this instrument, on oath stated that (hehe) was authorized to execute the instrument and acknowledged it as the 5)Q r,p >/' of --trti -e 1—r U Sfi to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. O .......4/°4°° Z• AR 0G ; �O '°O.. op W Ps.•� Given under my hand and official seal this day of o J DO) So ip NO POU-BBLL-IC in and for the State f Was ington Residing at: L G tQ Tf� My Commission Expires: 1 t as 1 zmC c� Page 24 of 132 Affidavit of Signature for .Annexation Petition Under the penalty of perjury, I declare under oath, that I am authorized to sign deeds and encumbrances on behalf of the Barker Testamentary Trust and I ant further authorized to sign other documents including Annexation Petitions. Signature State of Washington } ss. County of ) Date 1 certify that I know or have satisfactory evidence that PAUUka S 1 ID,3 is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the ot`jVti�nitx- �e5�7rv,erta�Yto be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Given under my hand and official seal thiszz, day of + 2- ?do B +� i It451 9j0TAJ I Asa V IIBL' tWAI NOTARY PUBLiJC in and for th7 State of Washington Residing aL~ .y�-(�t�(yq� My C ammission Expires: 7(pL Page 25 of 132 EXHIBIT "1" Annexation Legal Beginning at the northwest corner of the southeast quarter of Section 6, Township 9 North, Range 29 East, WM; Thence southerly along the west line of said quarter section to the intersection with the north right-of-way line of Burns Road; Thence southerly along the southerly projection of the west line of said quarter section to the intersection with the south right-of-way line of Burns Road; Thence easterly along the south right-of- way line of Burns Road to the intersection with the southerly projection of the west line of the southeast quarter of the southeast quarter of Section 6, Township 9 North, Range 29 East, WM; Thence northerly along said projection to the intersection with the north right-of-way line of Burns Road; Thence northerly along the west line of the southeast quarter of the southeast quarter of Section 6, Township 9 North, Range 29 East, WM to the north line of the southeast quarter of the southeast quarter of Section 6, Township 9 North, Range 29 East; Thence easterly along said north line to the intersection with the west right-of-way line of Road 100; Thence northerly along the west right-of-way line of Road 100 to the intersection with the southerly most point of Farm Unit 77, Irrigation Block 1; Thence north and west along the westerly line of Farm Unit 77, Irrigation Block 1 to the intersection with the north line of the southeast quarter of Section 6, Township 9 North, Range 29 East, WM; Thence westerly along said north line to the point of beginning. Page 26 of 132 WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3' Pasco, WA 99301 ORDINANCE NO. AN ORDINANCE RELATING TO ANNEXATION AND ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF PASCO. WHEREAS, the City Council of the City of Pasco has declared, its intent to annex the following described territory to the City of Pasco pursuant to RCW Chapter 35A.14; and WHEREAS, notice of the public hearing on the proposed annexation has been published and posted as required by law; and, WHEREAS, a public hearing on the proposed annexation was held on January 3, 2017; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: wit: Section 1. That the following described area, situated in Franklin County, Washington to - Beginning at the northwest corner of the southeast quarter of Section 6, Township 9 North, Range 29 East, WM; Thence southerly along the west line of said quarter section to the intersection with the north right-of-way line of Burns Road; Thence southerly along the southerly projection of the west line of said quarter section to the intersection with the south right-of-way line of Burns Road; Thence easterly along the south right-of-way line of Burns Road to the intersection with the southerly projection of the west line of the southeast quarter of the southeast quarter of Section 6, Township 9 North, Range 29 East, WM; Thence northerly along said projection to the intersection with the north right-of-way line of Burns Road; Thence northerly along the west line of the southeast quarter of the southeast quarter of Section 6, Township 9 North, Range 29 East, WM to the north line of the southeast quarter of the southeast quarter of Section 6, Township 9 North, Range 29 East; Thence easterly along said north line to the intersection with the west right-of-way line of Broadmoor Boulevard; Thence northerly along the west right-of-way line of Broadmoor Boulevard to the intersection with the southerly most point of Farm Unit 77, Irrigation Block 1; Thence north and west along the westerly line of Farm Unit 77, Irrigation Block 1 to the intersection with the north line of the southeast quarter of Section 6, Township 9 North, Range 29 East, WM; Thence westerly along said north line to the point of beginning. Page 28 of 132 as depicted in the map attached hereto and labeled Exhibit "1" be and the same is hereby annexed to the City of Pasco and is hereby declared to be within the corporate limits of the City of Pasco. Section 2. That the Comprehensive Plan of the City of Pasco be and the same is hereby adopted for the above described tract of land. Section 3. That said tract of land shall not assume any portion of the existing bonded indebtedness of the City of Pasco. Section 4. That said tract of land shall be in Voting District # 4. Section 5. That a certified copy of this ordinance be and the same shall be filed with the Franklin County Commissioners. Section 6. This ordinance shall be in full force and effect on February 1, 2017. PASSED by the City Council of the City of Pasco this 3rd day of January 2017. Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk -2- APPROVED AS TO FORM Leland B. Kerr, City Attorney Page 29 of 132 Exhibit Item: Barker Annexation " #1 Applicant: Julie Brooks W + E File #: ANX 2016-002 S Urban Growth Boundary m W 0 0 City Limits ORDINANCE NO. AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, ASSIGNING ZONING TO THE BARKER ANNEXATION AREA AS RECOMMENDED BY THE PLANNING COMMISSION. WHEREAS, on Augustl8, 2016, the Planning Commission of the City of Pasco concluded a public hearing for developing a recommendation for the assignment of zoning to certain property; in the event the property was incorporated within the City; and WHEREAS, on January 3, 2017, Ordinance No. effectively annexed certain real property to the City of Pasco; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the following described area, situated in Franklin County, Washington to -wit: Beginning at the northwest corner of the southeast quarter of Section 6, Township 9 North, Range 29 East, WM; Thence southerly along the west line of said quarter section to the intersection with the north right-of-way line of Burns Road; Thence southerly along the southerly projection of the west line of said quarter section to the intersection with the south right-of-way line of Burns Road; Thence easterly along the south right-of-way line of Burns Road to the intersection with the southerly projection of the west line of the southeast quarter of the southeast quarter of Section 6, Township 9 North, Range 29 East, WM; Thence northerly along said projection to the intersection with the north right-of-way line of Burns Road; Thence northerly along the west line of the southeast quarter of the southeast quarter of Section 6, Township 9 North, Range 29 East, WM to the north line of the southeast quarter of the southeast quarter of Section 6, Township 9 North, Range 29 East; Thence easterly along said north line to the intersection with the west right-of-way line of Broadmoor Boulevard; Thence northerly along the west right-of-way line of Broadmoor Boulevard to the intersection with the southerly most point of Farm Unit 77, Irrigation Block 1; Thence north and west along the westerly line of Farm Unit 77, Irrigation Block 1 to the intersection with the north line of the southeast quarter of Section 6, Township 9 North, Range 29 East, WM; Thence westerly along said north line to the point of beginning. as depicted in the map attached hereto and labeled Exhibit No. "1" be and the same is hereby assigned RS -1 (Suburban Residential) zoning. Section 2. That any and all zoning maps be and the same are hereby amended to conform to the aforesaid assignment of zoning. Section 3. This ordinance shall be in full force and effect on February 1, 2017. PASSED by the City Council of the City of Pasco this 3rd day of January, 2017. Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney Page 31 of 132 Exhibit Item: Barker Annexation " #1 Applicant: Julie Brooks W + E File #: ANX 2016-002 S Urban Growth Boundary W N 0 R-1 R=S=1 City Limits REPORT TO PLANNING COMMISSION MASTER FILE NO: (MF# ZD2016-003) APPLICANT: City of Pasco ACTION DATE: 8/18/2016 PO Box 293 Pasco, WA 99301 BACKGROUND REQUEST: Develop zoning recommendation for the Barker Annexation Area. 1) AREA ID: Area Size # of Dwellings Population Barker Annexation 119 acres 1 2 2) UTILITIES: A City water line is located in Burns Road to the south of the annexation area. 3) LAND USE AND ZONING: The proposed annexation area is currently zoned AP -20 under the County zoning and is being farmed. Surrounding properties are zoned and developed as follows: NORTH: RR -5 - Byers Neighborhood (County) SOUTH: RT, RS -1 & R-1 - Vacant EAST: AP -20, R-1 & RS -1 - Farm Fields (County) WEST: AP -20 - Farm Fields (County) 4) COMPREHENSIVE PLAN: The Comprehensive Plan designates the annexation area for low-density single-family development. The Urban Growth Boundary was based on a residential lot average of 9,000 square feet per lot. 5) ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Determination of Non -Significance (DNS) has been issued for this project under WAC 197-11-158. ANAT.VCTR The Barker Annexation area contains 119 acres and is located directly north of Burns Road and west of Broadmoor Boulevard. The property contains a farm field, one house and related out buildings. In determining the most appropriate zoning for the annexation area the Planning Commission needs to consider the existing land uses, development 1 Page 33 of 132 patterns, policies of the Comprehensive Plan and the land use designations of the land use map. The Planning Commission also needs to be guided by the criteria in PMC 25.88.060 (as discussed below) in developing a zoning recommendation. The proposed annexation area has been identified as a low-density residential area in the City's Comprehensive Plan for about 35 years. Nearby properties in the City (including the Mullen Annexation Area) are zoned R-1 Low Density Residential. The Sharma Annexation area adjacent to the Barker Annexation area was also zoned low-density residential. The residential development to the west in the County is zoned RS -20 due to the lack of a sanitary sewer system in the area. The proposed annexation area is within the City's service area as identified in the Comprehensive Water and Sewer Plans. Both of these plans based future services need within the annexation area on the low-density land use designation identified in the land use map of the Comprehensive Plan. Upon annexation the City will be responsible for providing all municipal services to the area. These services include fire and police services. Currently the nearest fire station is located on Road 68 to the north of Argent Road. As the annexation area develops along with other vacant properties around the Broadmoor Boulevard and Burns Road intersection, it will become increasing difficult for the Fire Department to meet the standard six minute response time. The City currently has an agreement with the owner of the "Sand Dunes" property (southwest corner of Broadmoor and Power Line) to acquire five acres to the west of Broadmoor Boulevard that can accommodate a fire station. A fire station in this area of the community is still a number of years away. The initial review criteria for considering a rezone application are explained in PMC 25.88.030. The criteria are listed below as follows: 1. The changed conditions in the vicinity which warrant other or additional zoning: • The property is located within the Pasco Urban Growth Boundary. • The property in question may be annexed to the City of Pasco. • The property is located west of Broadmoor Boulevard and north of Burns Road. • Broadmoor Boulevard has been extended north to Dent Road. • Burns Road (formerly Power Line Road) has been extended from Road 68 to the Columbia River passed the south boundary of the proposed annexation area and Burns Road has been extended to the west. 2 Page 34 of 132 • With the exception of approximately 65 lots, the residential subdivisions to the south of the proposed annexation area are fully built out. • Archer Estates, Goose Hollow, Quail Bluff, Pelican Pointe, Spencer Estates and Eagle Crest are all single-family subdivisions that have been developed to the west of the proposed annexation area. • Archer Estates Phases 2 and 3 are under review by the County at the present time. • Maya Angelo Elementary School and Delta High School are both located to the southeast of the proposed annexation area. • Thirty-eight acres of land at the northeast corner of Burns Road and Broadmoor Boulevard was annexed to the City in 2015. • 160 acres of land at the northeast corner of Burns and Broadmoor Boulevard were annexed this year. • Burns Road has been identified in the Comprehensive Plan as the rout for a major trunk line to serve the annexation area and of properties north of Burns Road. • The City is in the process of completing a detailed sub -area development plan for the Adams property to the south of Burns Road and west of Broadmoor Boulevard 2. Facts to justify the change on the basis of advancing the public health, safety and general welfare. The property may be annexed to the City and will need to be zoned. The justification for the rezone is the fact that if a zoning designation is not determined the property could become annexed without a zoning. For the advancement of the general welfare of the community the property needs to be zoned consistent with the established development patterns. 3. The effect rezoning will have on the nature and value of adjoining property and the Comprehensive Plan. Zoning the proposed annexation area to low-density residential such as R-1 is supported by the Comprehensive Plan and would be considered a proper implementation of the Plan. The Mullen and Sharma Annexation areas were both zoned R-1. Residential properties to the southeast in the City are also zoned R-1. The R-1 District would permit the continued development of single -families homes as envisioned in the Comprehensive Plan. 4. The effect on the property owners or owner if the request is not granted. Without the annexation area being assigned a specific zoning district, the area will essentially be un -zoned upon annexation. The area needs to be zoned for the benefit of the property owners and property owners adjoining the proposed annexation area. 3 Page 35 of 132 S. The Comprehensive Plan land use designation for the property. There are no changing conditions related to the Comprehensive Plan. The Plan has consistently indicated the proposed annexation area should be zoned and developed with single-family homes. Providing land for residential lots will support the policy of advancing programs that encourage home ownership. FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1) The site is within the Pasco Urban Growth Boundary. 2) The Urban Growth Boundary was established by Franklin County in 1994. 3) The property is being proposed for annexation by the fall of 2016. 4) The annexation area is located in the pathway of residential growth and has been designated for low-density residential development by the Comprehensive Plan for over 30 years. 5) Properties to the southeast of the annexation area are zoned R-1 and developed with single-family homes. 6) The Water and Sewer Comprehensive Plans based future services needs within the annexation area on the low-density land use designation identified in the Comprehensive Plan. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a rezone the Planning Commission must develop its conclusions from the findings of fact based upon the criteria listed in PMC 25.88.060 and determine whether or not: (1) The proposal is in accord with the goals and policies of the Comprehensive Plan. Zoning the proposed annexation site to R-1 supports Plan Policy H -1-E. (2) The effect of the proposal on the immediate vicinity will not be materially detrimental. 0 Page 36 of 132 Rezoning the proposed annexation area R-1 will cause the site to be consistent with the subdivisions to the southeast in the City and consistent with the Comprehensive Plan. The rezone will complement the zoning of the Mullen and Sharma Annexations Areas rather than be a detriment. The R-1 zoning will also be consistent with the latest Sewer Comprehensive Plan that calls for the continuation of low- density residential to the north of the current Urban Growth Boundary. (3) There is merit and value in the proposal for the community as a whole. There is merit and value in following the guidance of the Comprehensive Plan when assigning zoning to properties within the community. The Plan has indicated this property should be zoned low-density residential for the past 35 years. Rezoning the area R-1 will lead to additional housing opportunities for Pasco residents. (4) Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. The proposal is consistent with the Comprehensive Plan and no mitigation measures are needed. (5) A concomitant agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A concomitant agreement is not needed. STAFF RECOMMENDATION MOTION: I move the Planning Commission adopt the Findings of Fact as contained in the August 18, 2016 staff report. MOTION: I move, based on the findings of fact as adopted, the Planning Commission recommend the City Council zone the Barker Annexation Area to RS -1, as indicated on the zoning map identified as Exhibit # 1 attached to the August 18, 2016 staff report. 5 Page 37 of 132 Aov -P In �:_�»%w\�\ Vicinity Item: Barker Annexation Applicant: Julie Brooks W E Map File• ZD 2016-003 #. S w _.a �sr n Urban Growth Boundary R v� rp Q� CAM RD RD r SITE AN DR RDI F � BEMAN �- -- City Limits LU ❑ t J 10 f. Y CO `I 0 Q O 1 m BURNSmRD - ROAD BUR 4." NORFOLK DR J W m r _ Qo:' -46 _ �y.� ..s, y h ., = NOTTINGHAM,DR ?� JI '��y ^ _ w Land Use Item: Barker Annexation " Map Applicant: Julie Brooks W + E File #: ZD 2016-003 S An (County) SFDUs Countv 0 Boundary Agriculture (County) BURNS Vacant 0 } SFDUs (County) SITE SFDU Vacant Agriculture (County) Agriculture FDUs Zoning Item: Barker Annexation " Map Applicant: Julie Brooks W + E File #: ZD 2016-003 S AP -20 (County) RS -20 Count) Boundary RT (County) RT RR -5 (County) SITE RS -1 AP -20 (County) w O O of R-1 m B. Zoning Determination Zoning Determination to establish zoning for the Barker Annexation (MF# ZD 2016-003) Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner, discussed the zoning determination application to establish zoning for the Barker Annexation. The City Council recently accepted a notice of intent to commence annexation proceedings for a 119 acre parcel at the northwest corner of Burns Road and Road 100. It is right behind the Sharma Annexation that was reviewed last year. In fact, the Barker Annexation was a part of the Sharma Annexation but at that time the City did not have enough signatures from property owners to cause all of the property to be annexed. The Barker's are now back and would like to annex the area indicated. As a part of the annexation process, the Planning Commission always reviews zoning prior to the completion of the final petition that goes to City Council. Then the parcel can be zoned simultaneously with the annexation so that the property isn't annexed into the City un -zoned. This site has been included in the Comprehensive Plan for many years as a low-density residential area. The properties to the southeast in the city limits are all zoned R-1. In the County to the west because of the lack of sewer there are 1/2 acre lots with city water but you cannot build on those lots unless they are 1/2 acre because of the need for septic systems. Staff is recommending the Planning Commission zone the site R-1 (Low -Density Residential) to allow the greatest flexibility for development. Chairman Cruz asked what the minimum lot size is in the R-1 zoning district. Mr. McDonald responded 7,200 square feet is the minimum lot size in an R-1 zoning district but with the R-1 zone you could also have larger lot sizes. Many of the R-1 lots southeast of this site are 9,000 square feet. Commissioner Khan asked if this zoning effects the Broadmoor Master Plan and potential commercial or urban development. She asked if it would be better to do gradient zoning. Mr. McDonald answered Mr. Hansen, the consultant for the Broadmoor Master Plan, had higher densities concentrated elsewhere but the proposed site was indicated for low- density residential and the R-1 zoning district fits that zoning. If the developer wishes to provide a gradient in lot sizes they could do so with the R-1 zoning. If it is zoned to a lower density, such as RS -12 or RS -20, they could not go with a higher density. The R-1 allows for more options. Joe Flerchinger, 7215 Byers Road, spoke on behalf of this item. He stated that his property is located just to the north of this proposed location. He asked what provisions take into account existing properties that are adjacent to a development such as this with regard to zoning and development. Chairman Cruz answered that the Planning Commission reviews these applications and makes recommendations accordingly to protect existing properties but still encourage development. He asked Mr. Flerchinger what was the size of his lot. 1 Page 42 of 132 Mr. Flerchinger responded that his property is roughly 5 1/2 acres. Chairman Cruz stated that there is probably a balance between low-density residential and Mr. Flerchinger's property that is 5 acres. He explained that the Planning Commission has done gradients on other parcels. Mr. Flerchinger responded that he would prefer a gradient. He is not opposed to development as he knew it was only a matter of time but a gradient would help transition to his property. With no further comments the public hearing was closed. Commissioner Khan stated that she doesn't want the entire site to be zoned R-1 due to the nearby possible development in the Broadmoor Area. The City is lacking in commercial and has plenty of residential but could use diversity in the types of housing. Commissioner Bykonen asked for clarification that the zoning the Planning Commission sets is so the property could be annexed with that assigned zone but before any development could take place the Planning Commission would still have to approve a preliminary plat application. Rick White, Community 8s Economic Development Director, stated that was correct and in response to Commissioner Khan, it is difficult to design a plat at this stage of the land use process. Commissioner Khan asked if it was possible to zone the property RT (Residential Transition) instead of R-1. Mr. White answered that it's a possibility but it wouldn't make much sense because you would have to come back to rezone it to something else prior to development or a plat. Chairman Cruz stated that he feels there is too much high density zoning at the parameter of the City and it would be best to drive that towards the center. He was in agreement with Commissioner Khan that closer or past the city limits zoning should be lower than R-1. He added that he would not be to supportive of zoning the entire site R- 1. He would rather see a gradient at least on the upper 1/3 portion of the site. Commissioner Mendez asked how many homes could be built on the site if it was all rezoned R-1. Mr. McDonald responded that with R-1 zoning you could get roughly 4-4 1/2 units per acre so for this entire site, over 400 houses. The next step down in zoning density, RS - 12, and there could be a little over 300 homes. Then at RS -20 you would be able to get 2 homes per acre. 2 Page 43 of 132 Chairman Cruz stated that he would not want to see 5 houses per acre next to 1 house per acre which is why he is in support of a gradient for the site. This would still give the developers a chance to have options and make money but it won't compromise the neighborhood for existing properties in the County. He doesn't want to see very expensive homes next to starter homes which happened over by the airport. Commissioner Bowers asked what neighborhood Chairman Cruz was referring to. Commissioner Cruz responded that at the eastern end of Burden Boulevard on the plateau near the airport there were high dollar homes next to smaller homes that weren't valued as much and there were a mix of lot sizes. He feels a progression would have been better than mixing the densities. Commissioner Lukins asked how difficult it would be to talk with the applicant/ property owner to come up with a workable solution for the gradient. Mr. McDonald stated that they worked with the neighboring property owner, Mr. Sharma, and they did a gradient in that case so it would be possible but the public hearing should be continued to allow time to discuss with the property owner. Commissioner Khan moved, seconded by Commissioner Mendez, to continue the public hearing to the August 18, 2016 meeting. The motion passed unanimously. PLANNING COMMISSION MEETING 8/18/16 B. Zoning Determination Zoning Determination to establish zoning for the Barker Annexation IMF# ZD 2016-0031 Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner, discussed the zoning determination application to establish zoning for the Barker Annexation. This item was continued from the July meeting for two reasons: (1) Allow staff time to meet with the applicant to get an understanding of what they wanted in terms of zoning for the property and (2) Look at the Planning Commission's concerns relative to a zoning gradient that was discussed at the prior public hearing. The property to the north, Byer's Addition, has 5 acre parcels but is not a subdivision. Because of the concerns related to the effect on property values in Byer's Addition, staff took a look at Byer's Addition and it was determined that 52% of the development within that area consists of manufactured homes. In looking at the average property value of those homes, excluding the land value, the average value of the manufactured homes was roughly $109,000. When that is compared to the value of the permits of homes being built in Pasco being built west of Road 36 for the past year it has been roughly $260,000 in value. In looking at that, it is hard to see how $260,000 homes would negatively impact the development within the Byer's Addition. In talking to a representative of the Barker family, the preference for the family was to have R-1 zoning but they would be satisfied with R -S-1, which is 10,000 square foot lot sizes, Page 44 of 132 which is comparable to Desert Plateau, First Place and Casa Del Sol. The family intends to hold a strip of property along the northern boundary for family members and indicated that they were looking at lots in the 2 acre range which would go along where Byer's Addition is located. That can be accomplished with the R-1 zoning. Mr. McDonald pointed out that in 2007 when the Comprehensive Plan was updated Pasco added 1,100 acres to the urban growth boundary. That additional area was based on lot sizes and subdivisions that had lots averaging 9,000 square feet but unfortunately much of the development in this area to the west but outside the urban growth boundary is over 1/2 acre. The land is quickly being taken and there isn't much left. He briefly discussed current development in the area, including residential, commercial and school property. Staff recommends R -S-1 for the proposed site. Commissioner Khan asked if R-1 zoning would limit the Barker's from having 2 acre lots on the northern portion of the property. Mr. McDonald stated that it would not limit them. R-1 zoning sets 7,200 square foot minimum lot sizes, however, lots can always be larger than the minimum. Commissioner Khan asked if the applicant was available to speak to this item. Jeff Barker, 7148 Iris Lane, stated that his sister is the applicant but he could speak on her behalf. Mr. McDonald added that he has been working with Julie Barker in Everett, WA. Commissioner Khan stated that she was concerned due to upcoming potential development in the Broadmoor Area. She also addressed the gradient that was discussed at the previous public hearing but closer to the Broadmoor property she stated that she would be for a higher density rather than sprawled out R-1 and R -S-1 housing. She wondered what the applicant's plans were for the property. Commissioner Greenway responded that the applicant wanted 10,000 square feet lots on the urban boundary but the northern portion having 2 acre lots for their family. Commissioner Khan wondered if they were interested in any multi -family housing closer to Burns Road. Mr. McDonald replied that the Comprehensive Plan designates this area for low-density residential so there currently isn't an option to consider R-2 or R-3 zoning. R-1 is the highest density that would currently be allowed on the site. There will be some higher density set aside in the Broadmoor Area near the sand dunes. Commissioner Lukins asked if staff feels the zoning should be R-1 for the proposed site. Mr. McDonald responded yes, that was the original proposal and what would still be 4 Page 45 of 132 recommended. R -S-1 would be the lowest density that staff would consider appropriate. Commissioner Mendez asked what the average size lot was in the County, Byer's Addition, just north of the proposed site. Mr. McDonald responded that they are just over 5 acre lots except in the southwest corner they split one of the 5 acre parcels into 4 parcels. Commissioner Khan asked Mr. Barker how they came up with their decision for R-1 zoning. Mr. Barker answered that there are 8 members in the family, 4 of whom want money and the other 4 would like property. In order to please all members this is the plan that works. Along the south edge of the property is where most of the housing would be developed since the family members would like to stay farther away from the main road. Road 100 is very well used already. Commissioner Bowers asked staff if the applicant gets the strip along the norther part of the property, how much of the site is used. Mr. McDonald responded that in discussion with Julie Barker, they would want a couple acre lots for each family member. Mr. Barker added that between all of them they will each likely take 5 acres. Commissioner Khan asked if they are working with a developer. Mr. Barker answered that they are not at this time. Chairman Cruz discussed the concern from the neighbor to the north that spoke at the last public hearing in terms of developing single-family lots next to the current 5 acre lots that are more agricultural in the County. But having R -S-1 lots on the norther part of the property next to Byer's Addition, R-1 would be appropriate for the remainder of the site. Commissioner Lukins stated that his only concern is that with the lower left portion of the site the terrain is difficult to develop and could potentially be a park. Mr. McDonald responded that the City was looking for a park in that area and the terrain is difficult. The irrigation canal runs where the tree line is so there will be some topographical issues the developer will have to work through. The park is not going to go there - it will be down the street a ways. Another thing to consider is that the City will be putting in a trunk line down Burns Road and will be an expensive line. To recoup some of those costs you will need a decent amount of density and with half acre lots the City will not recoup the costs for placing the line in. Having higher density down by Burns Road would help recover costs for that sewer line. 5 Page 46 of 132 Commissioner Bykonen reminded that Planning Commission that this is just the first step in the annexation process and it does not determine what will end up on the piece of property. They will still have to come back to the Planning Commission with a preliminary plat prior to development. Chairman Cruz explained that he would like to sort this out now so that the developer knows what the City is willing to allow to be developed on the site so that they know what the economic potential could be. He added that he sees more development going to the east rather than the west. Mr. Barker responded that he has actually had a lot of offers to develop on their site as there is getting to be less land to be developed for housing in Pasco. It is developing very quickly down Burns Road. Chairman Cruz stated that he wants to make sure it is planned properly and that not too much high density is brought in without planning for the traffic. Commissioner Khan asked staff what is to the immediate west of the Barker Annexation property. Mr. McDonald said that to the west is RS -20 zoning and they are finishing up the last plat. There's no sewer in the area which is why they are 1/2 acre lots. They are on city water. If they had sewer they would have likely been developed on 10,000 square foot lots. Chairman Cruz stated that R -S-1 on the upper half of the proposed site and R-1 on the lower half and that would still give enough flexibility to move forward. Commissioner Khan stated that she was in agreement with Chairman Cruz. With no further questions or comments the public hearing closed. Commissioner Bowers moved, seconded by Commissioner Khan, the Planning Commission adopt the findings of fact as contained in the August 18, 2016 staff report. The motion passed unanimously. Commissioner Bowers moved, seconded by Commissioner Bykonen, based on the findings of fact as adopted, the Planning Commission recommend the City Council zone the Barker Annexation Area to R -S-1 and R-1, as amended. The motion passed unanimously. 0 Page 47 of 132 AGENDA REPORT FOR: City Council December 19, 2016 TO: Dave Zabell, City Manager Regular Meeting: 1/3/17 Rick White, Director Community & Economic Development FROM: Dave McDonald, City Planner Community & Economic Development SUBJECT: Street Vacation: A Portion of E. Clark Street (MF# VAC 2016-011) 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. , vacating a portion of East Clark Street, and, further, authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: EM Drywall LLC, the owner of a parcel of land located at the northwest corner of E. Lewis Street and Franklin Avenue, has petitioned for the vacation of the south 10 feet of East Clark Street adjacent Parcel No. 112081355. As previously recommended, Council set January 3, 2017 as the as the date to consider the proposed vacation. V. DISCUSSION: EM Drywall is in the process of obtaining a building permit for a 5,274 square foot Page 48 of 132 commercial building in the 100 block of Franklin Avenue. The building site will also be improved with a hard surfaced parking lot and landscaping. In addition, EM Drywall will be required to dedicated 20 feet of right-of-way along the west side of Franklin Avenue and complete the infrastructure improvements for the west half of the street. Under the provisions of the recently adopted street vacation ordinance (PMC 12.40), individuals requesting street vacations may be required to compensate the City for publicly owned right-of-way being vacated. The City Council may waive compensation in whole or in part if one or more of the following conditions apply: 1. The vacation is initiated by the City Council by Resolution; 2. The vacation is at the request of the City; 3. The right-of-way to be vacated was previously determined by the City Council as non-essential to public traffic circulation; 4. The grant of substitute public right-of-way which has a value as a right-of-way at least equal to that right-of-way to be vacated; and 5. The resulting benefit to the community of the project requiring the vacation outweighs the appraised value of the right-of-way to be vacated. Staffs evaluation of this request leads to a recommendation that compensation for the subject right-of-way be waived as conditions 3, 4 and 5 above have been met. Clark Street is identified in the Oregon Avenue Circulation Plan as a street eligible for vacation. Additionally, the applicant will be required (during the permitting process) to dedicate approximately 5,700 square feet of property for the west half of Franklin Avenue, more than offsetting the 1,640 square feet contained within the proposed vacation area. The City's continued ownership of the subject right-of-way is unnecessary in order to implement future plans of the City or to serve other nearby private or public properties. Further, the level of investment, approximately $652,710 in new construction value, the corresponding benefit to the community in terms of added property valuation, economic development and permit fees (approximately $6,500) far outweigh the value of the unneeded right-of-way which is estimated at $3,148. Page 49 of 132 Overview Item: Street Vacation - East Clark Street Applicant: E. M. Drywall, LLC W E Map File #: VAC 2016-011 S - .� ,. ,a �. • f c tr -N 1"• °r AD E LI `.CSiT E ADELIA CT a � r \ q \ ECT GEO'RGaE`ST :]�4 f 3 Yl Q _ �rzz Rd i c b • � ��! S \ , Qj i� 9� 1 , �_ "� 7 }' i i�li 93i# i ,.cA. ALVINA - y „ � ST s 11 � / w SITE Ks3 k F GLP� ;ZLL 10' r Q ori• + 2 \S is Z 0001, v p T Vicinity Map Item: Street Vacation - East Clark Street Applicant: E. M. Drywall, LLC File #: VAC 2016-011 SITE: �P 10 Street \ idi G Vacation \' v* \ ' 1000 Pte.. •�j!'� �1 v $ 20' ROW Dedication \ N W E S It �� LE-",WNIS STS WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3' Pasco, WA 99301 ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF EAST CLARK 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, the street vacation process provided in PMC 12.40 requires a title report and an appraisal of value and compensation unless waived by the City Council; and, WHEREAS, the City Council may waive the requirement for a title report, an appraisal of value and compensation if the resulting benefit to the community from the project requiring the vacation outweighs the appraised value of the right-of-way to be vacated; and, WHEREAS, the EM Drywall street vacation proposal is likely to result in the construction of a new $652,710 facility, a $6,500 building permit, increased property taxes, additional utility taxes and several new jobs; and, WHEREAS, the value of the right-of-way proposed for vacation, based upon the assessed value of the adjoining vacant land, is $3,148, and; WHEREAS, the proposed facility resulting from the proposed vacation will result in significant benefits that will have a lasting impact on the community; and, WHEREAS, East Clark Street is located within the Oregon Avenue Corridor Circulations Plan and has been designated by the City Council as a street that can be vacated in whole or in part; and, 1 Page 52 of 132 WHEREAS, pursuant to Section I of Resolution 3739 the City Council waived the requirement for an appraisal, title report and payment of compensation for the proposed vacation of East Clark Street; 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 East Clark Street between the west line of Franklin avenue and the former centerline of Idaho Avenue adjacent to Parcel # 112081355 as depicted in Exhibit "1" be and the same is hereby vacated, except a 25 foot radius is hereby retained at the intersection of East Clark Street and Franklin Avenue. 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 3rd day of January 2017. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney 2 Page 53 of 132 Item: Street Vacation - East Clark Street Exhibit Applicant: E. M. Drywall, LLC W E #1 File #: VAC 2016-011 S SITE 10' Street Vacation w Q z_ d; Y M z M < LL 20' ROW Dedication LEWIS ST �1 AGENDA REPORT FOR: City Council December 19, 2016 TO: Dave Zabell, City Manager Regular Meeting: 1/3/17 Rick White, Director Community & Economic Development FROM: Dave McDonald, City Planner Community & Economic Development SUBJECT: Street Vacation: A Portion of Industrial Place (MF# VAC 2016-010) 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. , vacating a portion of Industrial Place, and, further, authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The Wilbur Ellis Company, the owner of two parcels at the north end of Industrial Place, has petitioned for the vacation of the north 335 feet of Industrial Place. As previously recommended, Council set January 3, 2017 as the as the date to consider the proposed vacation. V. DISCUSSION: Wilbur Ellis is in the process of undertaking a three million dollar expansion to their Pasco fertilizer/chemical facility located at 150 Burlington Street. The expansion site is Page 55 of 132 separated from the main plant by an undeveloped portion of Industrial Place. The proposed vacation will enable Wilbur Ellis to construct and operate the new facility as part of their existing plant without having to cross a City right-of-way. The portion of Industrial Place proposed for vacation is unimproved and serves only to provide access to the Wilbur Ellis property. Under the provisions of the recently adopted street vacation ordinance (PMC 12.40), individuals requesting street vacations may be required to compensate the City for the publicly -owned right-of-way being vacated. The City Council may waive compensation in whole or in part if one or more of the following conditions apply: 1. The vacation is initiated by the City Council by Resolution; 2. The vacation is at the request of the City; 3. The right-of-way to be vacated was previously determined by the City Council as non-essential to public traffic circulation; 4. The grant of substitute public right-of-way which has a value as a right-of-way at least equal to that right-of-way to be vacated; and 5. The resulting benefit to the community of the project requiring the vacation outweighs the appraised value of the right-of-way to be vacated. Staff s evaluation of this request leads to a recommendation that compensation for the subject right-of-way be waived as condition 5 above is met. The City's continued ownership of the subject right-of-way would complicate development of the proposed project and is unnecessary in order to implement future plans of the City or to serve other nearby private or public properties. Further, the level of investment, approximately $3,000,000 in new construction value, the corresponding benefit to the community in terms of added property valuation, economic development and permit fees (approximately $21,300) far outweigh the value of the unneeded right-of-way which is estimated at $18,388. Page 56 of 132 Overview Item: Street Vacation - Industrial Place Applicant: Wilbur -Ellis Company W E Map File #: VAC 2016-010 S WRY ale VC �a e sr ! SITE j� o - w c 1 V14 V, Am Ng � ''- i�•� QUO` �al " s Al IV 1 v � • a 9, . Item: Street Vacation - Industrial Place Vicinity Applicant: Wilbur -Ellis Company W E Map File #: VAC 2016-010 S �` ��,; , � tr�'Y'�\, e � 'R�h Sic ci�� :•� is {� 100, Z Turnaround •` , ,c SITE LLIo-if =, 3 �j ROWANMW 00 J WHEN RECORDED PLEASE RETURN TO: City of Pasco Attn: City Planner 525 North 3' Pasco, WA 99301 ORDINANCE NO. AN ORDINANCE VACATING A PORTION OF INDUSTRIAL PLACE. 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, the street vacation process provided in PMC 12.40 requires a title report and an appraisal of value and compensation unless waived by the City Council; and, WHEREAS, the City Council may waive the requirement for a title report, an appraisal of value and compensation if the resulting benefit to the community from the project requiring the vacation outweighs the appraised value of the right-of-way to be vacated; and, WHEREAS, the Wilbur -Ellis street vacation proposal is likely to result in the construction of a new $3,000,000 facility, a $21,300 building permit, increased property taxes, additional utility taxes and several new jobs; and, WHEREAS, the value of the right-of-way proposed for vacation, based upon the assessed value of the adjoining vacant land, is $18,388, and; WHEREAS, the proposed facility resulting from the proposed vacation will result in significant benefits that will have a lasting impact on the community; and, WHEREAS, pursuant to Section 1 of Resolution 3738 the City Council waived the requirement for an appraisal, title report and payment of compensation for the proposed vacation of Industrial Place; and, 1 Page 59 of 132 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 northerly 335 feet of Industrial Place as depicted in Exhibit "l" 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 3rd day of January 2017. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney 2 Page 60 of 132 Exhibit Item: Street Vacation -Industrial Place #1 Applicant: Wilbur -Ellis Company File #: VAC 2016-010 z Turnaround 0 � SITE z /J m ROW 9` A� CD AGENDA REPORT FOR: City Council December 22, 2016 TO: Dave Zabell, City Manager Regular Meeting: 1/3/17 Rick White, Director Community & Economic Development FROM: Dave McDonald, City Planner Community & Economic Development SUBJECT: Special Permit: Location of a Cosmetology & Barber School (MF# SP 2016- 012) I. REFERENCE(S): Vicinity Map Proposed Resolution Report to Planning Commission Planning Commission Minutes Dated: 11/17/16 & 12/20/16 H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. , accepting the Planning Commission's recommendation and approving a special permit for the location of a Cosmetology & Barber School at 915 W. Court Street. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On November 17, 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 Cosmetology & Barber School at 915 W. Court Street. 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 proposed school. The recommended conditions are contained in the attached Resolution. Page 62 of 132 No written appeal of the Planning Commission's recommendation has been received. V. DISCUSSION: Page 63 of 132 . Item: Special Permit - Beauty School in a C-1 Zone " Vicinity Applicant: Marla Avila W E Map FileP 2016-012 #S S _ , 4 2 . I SITE - _ - i I .:lk — _ -- — —fort— r I• �- . it RESOLUTION NO. A RESOLUTION ACCEPTING THE PLANNING COMMISSION'S RECOMMENDATION AND APPROVING A SPECIAL PERMIT FOR THE LOCATION OF A COSMETOLOGY & BARBER SCHOOL AT 915 W. COURT STREET. WHEREAS, Maria Avila submitted an application for the location of a Cosmetology & Barber School (Tax Parcel 113393294) at 915 West Court Street; and, WHEREAS, the Planning Commission held a public hearing on November 17, 2016 to review the special permit proposal; and, WHEREAS, following deliberations on December 21, 2016 the Planning Commission recommended approval of a Special Permit for the proposed Cosmetology & Barber School with certain conditions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: 1. That a Special Permit is hereby granted to Maria Avila for the location of a Cosmetology & Barber School (Tax Parcel 113393294) at 915 West Court Street Master File # SP2016-012 with the following conditions: a) The special permit shall apply to Parcel # 112152300. b) The number of students shall be limited to six at any one time on the site. c) The applicant must maintain a lease with the property owner for additional parking at 923 W. Court Street for as long as the Beauty school is in operation. If the parking lease is voided for any reason the Beauty School must vacate the premises. d) The special permit shall be null and void if all necessary licenses have not been obtained by September 1, 2017. Passed by the City Council of the City of Pasco this 3rd day of January, 2017. Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney Page 65 of 132 REPORT TO PLANNING COMMISSION MASTER FILE NO: MF# SP 2016-012 APPLICANT: Maria Avila HEARING DATE: 11 / 17/16 2612 Glendive St. ACTION DATE: 12/15/16 Pasco, WA 99301 BACKGROUND REQUEST: SPECIAL PERMIT: Location of a Cosmetology & Barber School in a C-1 Zone. (9 15 W Court St.) 1. PROPERTY DESCRIPTION: Legal: Lot 9, Blockl Perrys Addition General Location: 915 W. Court St.) (Lupita's Beauty Salon) Property Size: 5,662 square feet 2. ACCESS: Access to the site is available from West Court Street 3. UTILITIES: The property is served by utilities located in Court Street. 4. LAND USE AND ZONING: The site is zoned C-1 (Retail Business) Residential) and is now vacant. Surrounding properties are zoned and developed as follows: NORTH: R-3 - Multi -Family SOUTH: "O" - Offices EAST: C-1 - Commercial WEST: C-1 - Commercial 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for commercial development. Goal CF -5 suggests adequate provisions should be made for educational facilities located throughout the urban growth area. Policy CF -5-A encourages the appropriate location and design of schools throughout the community. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, the Notice of Application 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 66 of 132 DISCUSSION The owner of Lupita's Beauty Salon is in the process of obtaining a State License to operate a small beauty/barber school in conjunction with her licensed beauty salon on West Court Street. There is not specific zoning for beauty schools; however the code does make provision for schools/ educational facilities in the community through the special permit process. Beauty schools have been permitted within the City in the past and licensed as private schools. Clare's Beauty College for example was located at the northwest corner of 4th Avenue and Lewis Street in the downtown Pasco for many years. Clare's closed in 2010. Lupita's Beauty Salon has operated at the proposed location for nine years. The proposed beauty school will add another dimension to the beauty salon but will not change the existing character of the activities taking place within the salon. Training will be provided for approximately six students or less at a time. Parking has always been limited at this location but the beauty salon has been able to function for nine years because most of their services are provided by appointment. However, with the addition of several students parking could become a larger issue. To accommodate student parking needs the owner of the building has made additional parking available in the rear of his building at 923 West Court. With this arrangement the students will not be occupying parking needed for customers. STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report and comments made at the public hearing. The Planning Commission may add additional findings as deemed appropriate. 1. The site is located in a C-1 zone. 2. The proposed beauty school will be located within Lupita's Beauty Salon at 915 West Court Street. 3. Lupita's Beauty Salon has been located on the property for nine years. 4. The outward appearance of Lupita's Beauty Salon will not change with the proposed beauty school. 5. For many years a beauty school was located in downtown Pasco. 6. There has been no beauty school in Pasco since Clare's closed in 2010. 2 Page 67 of 132 CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must draw its conclusion from the findings of fact based upon the criteria listed in P.M.C. 25.86.060. The criteria and staff listed conclusions are as follows: 1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The proposed use is supported by Plan goals CF -5 which suggests adequate provisions be made for educational facilities throughout the Urban Growth Area. 2) Will the proposed use adversely affect public infrastructure? Public streets and utilities are in place to serve the property. Demands on infrastructure will not change with the addition of the beauty school component to Lupita's Beauty Salon. 3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? Lupita's Beauty Salon has been located at 915 W. Court Street for the past nine years. The operation of the beauty salon will change only slightly as a few students will be trained as regular services are being provided. Addition parking for students will be provided on an adjoining property to the west. 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 height and foot print of the conversion to the Learning Center. at 923 W. Court Street building will not change with the Additional parking will be provided 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? Nothing will change on the site to cause noise dust and other activities that would be objectionable to neighboring properties. The property will continue to be operated more or less as a beauty salon with the addition of a training component. 3 Page 68 of 132 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 current beauty salon is not a public health and safety concern. The addition of a few students within the beauty salon would not create new health and safety concerns for the neighborhood. Proposed Approval Conditions 1. The special permit shall apply to Parcel # 112152300. 2. The number of students shall be limited to six at any one time on the site. 3. The applicant must maintain a lease with the property owner for additional parking at 923 W. Court Street for as long as the Beauty school is in operation. If the parking lease is voided for any reason the Beauty School must vacate the premises. 4. The special permit shall be null and void if all necessary licenses have not been obtained by September 1, 2017. RECOMMENDATION MOTION for Findings of Fact: I move to adopt Findings of Fact and Conclusions therefrom as contained in the December 15, 2016 staff report. MOTION for Recommendation: I move, based on the Findings of Fact and Conclusions therefrom, the Planning Commission recommend the City Council grant a special permit to Lupita's Beauty Salon for the location of an Cosmetology and Barber School at 915 West court Street with the conditions as contained in the December 15, 2016 staff report. .95 Page 69 of 132 . Item: Special Permit - Beauty School in a C-1 Zone " Vicinity Applicant: Marla Avila W E Map FileP 2016-012 #S S _ , 4 2 . I SITE - _ - i I .:lk — _ -- — —fort— r I• �- . it Land Use Item: Special Permit -Beauty School in a C-1 Zone " Map Applicant: Maria Avila W L E File #: SP 2016-012 S RUBY ST SFDUs 0 COURT ST w Q Co Office w Q Office SFDUs Multi -Family I j SITE---* 1 11 Comm. 1 SFDUs 0 COURT ST w Q Co Office w Q Office SFDUs Zoning Item: Special Permit -Beauty School in a C-1 Zone " Map Applicant: Maria Avila W + E File #: SP 2016-012 S R-1 CD N 0 RUBY ST R-3 COURT ST w Q 00 skslat, 61 N�N\NN ., O., RM ,1011 C-1 Loo kind r LL 4VE GIFTS LF -- i Site Ago StG:., PLANNING COMMISSION MINUTES 11/17/16 B. Special Permit Location of a Cosmetology & Barber School in a C-1 Zone (Avila) (MF# SP 2016-012) Chairwoman Roach read the master file number and asked for comments from staff. Dave McDonald, City Planner, discussed the special permit for the location of a cosmetology and barber school in a C-1 (Retail Business) zone. The location is an existing salon and has been operating for about 9 years and the applicant wants to add a State approved cosmetology school. There currently isn't a cosmetology school in Pasco. For a number of years, Claire's Beauty College was located at the corner of 4th and Lewis in Downtown Pasco but that school is no longer in Pasco. Mr. McDonald explained the commercial history of the neighborhood and discussed the problem with the lack of parking. It was noted that the applicant had secured an agreement with the landlord for additional parking to the west. The additional parking is conveniently located close to the shop so. The staff report contains findings of fact, conclusions and some special approval conditions. Evelyn Menzel, 6809 W. Clearwater, Kennewick, WA, spoke on behalf of the applicant, Maria Avila. She stated the owners of the nearby businesses know the applicant and don't mind her need for additional parking. This would be a bilingual school which would be unique to the area. Chairwoman Roach asked if the applicant has had a chance to look at the approval conditions in the staff report. Ms. Menzel said that she had. Arnoldo & Mariana Sita, 4825 Bermuda Dunes Drive, owners of the barbershop to the right of the proposed cosmetology school. They voiced concern over the lot that would be used for parking and stated that it is a high traffic area. Ms. Sita stated that over the years they have paid to re -do the parking lot many times because there are so many people that park in that lot because there isn't enough total parking in the area. She also said that it has become a hostile environment and at times the police have been called. Chairwoman Roach asked if there were other businesses that shared the parking lot. Mr. & Mrs. Sita responded that there were. Page 78 of 132 Chairwoman Roach asked Mr. & Mrs. Sita if they had taken up their problems with Code Enforcement. Mr. Sita stated he has. He has worked with Mr. McDonald several times and would like to place a fence to help remediate the problem. Chairwoman Roach responded that she appreciates the input and bringing it to attention that parking is such an issue. As for solving the current parking issues, the Planning Commission is unable to resolve the problems. Mr. Sita responded that he would like the Planning Commission to deny the special permit for this beauty school since it would only add to the problem. Chairwoman Roach asked if Mr. Sita has approached the other business owners who are renting spaces. Mr. Sita answered that he had but they call him a racist and they have attacked his wife. Commissioner Polk asked for clarification on the location of parking. Mr. Sita explained where the parking is located and where the majority of customers park. There are roughly 9 parking spaces in the gravel lot on the side. Most cars park parallel to the building. Ms. Menzel addressed the comments made by Mr. 8v Mrs. Sita. She had the Planning Commission look at the site photo and pointed out a sign he has posted for towing. He uses this service frequently and customers and non -customers alike have been towed. Many people choose not to park in this lot not just because of water puddles but also because they are well aware of the hostility with the parking. She explained where most of the customers park and said that many of the customers walk to the store. They have made arrangements with the owner of the building for the parking for the school and the students, clients and customers will know where to park. Commissioner Greenaway asked how many students will be attending at one time. Ms. Mendez said there would be no more than 6 students at a time and 1-2 instructors. With no further questions or comments the public hearing closed. Chairwoman Roach asked if there is any City remediation to assist with the issues between tenants. Mr. McDonald said no, these issues arise from time to time and are civil matters between the two property owners. 2 Page 79 of 132 Chairwoman Roach asked if there was any additional information about Code Enforcement or if that is who they need to work with for parking. Mr. McDonald responded that Code Enforcement might not be able to do much on parking issues as it is a civil matter that the tenants need to work out. They could use fencing or enter into a rental agreement. Commissioner Portugal asked about the call to Code Enforcement and if that was shared with the Planning Department. Rick White, Community & Economic Development Director, stated that there would have to be a violation for Code Enforcement to act on but since there is no code violation on the property at this time. Commissioner Bykonen asked if the City staff person who took the photo of this property was present at the meeting. Mr. McDonald stated that it was Associate Planner, Jeff Adams, who was not present at the meeting. He went out and took photos for all of the reports contained in the meeting packet. He didn't purposely pick a date or time when there were no cars, it just happened to be that way. Commissioner Bykonen responded that she was curious because she drives by this property nearly every day and was curious as to when the photos were taken because the parking lot is typically full and the photo presented to the Planning Commission didn't represent what the parking lot usually looks like. Chairwoman Roach asked how it was determined to allow 6 students as a part of the approval conditions. Mr. McDonald answered that when the applicant came in the parking problems were discussed as well as the size of the building. Commissioner Portugal moved, seconded by Commissioner Polk, to close the public hearing and schedule deliberations, the adoption of findings of fact and development of a recommendation for City Council for the December 15, 2016 Planning Commission Meeting. The motion passed 5 to 1 with Commissioner Mendez abstaining. 3 Page 80 of 132 PLANNING COMMISSION MINUTES 12/21/16 B. Special Permit Location of a Cosmetology & Barber School in a C-1 Zone (Avila) (MF# SP 2016-0121 Chairwoman Roach read the master file number and asked for comments from staff. Dave McDonald, City Planner, discussed the special permit for the location of a cosmetology and barber school in a C-1 Zone. He stated that there were no changes to the staff report since the previous meeting. Mr. McDonald noted that at the previous meeting one of the Commissioner's asked the owner of the neighboring barbershop for photos of the parking lot during busy hours since the photos in the staff report did not show a lot of vehicles parked. Those pictures were since submitted and were placed on the bench for the Commissioner's to view. Typically once the public hearing is closed, no further evidence is accepted but since a Commissioner requested this material during the hearing it was provided. Commissioner Polk asked if it was just one individual who owned the all units in the building and then rented out the units. Mr. McDonald answered, yes. He believed that there are two tenants in the building and the owner also owns a building two doors down and possibly the old gas station. Mr. McDonald added that he needed to mention that in the approval conditions, #3 was added requiring the applicant to maintain a lease with the property owner for additional parking behind the building at 923 W Court Ctreet. If the parking lease is voided for any reason then the beauty school must vacate the premises. Commissioner Polk stated that she appreciated the addition of the parking condition to help remediate any issues with parking. Commissioner Bykonen asked what the current hours of operation were for the beauty salon and what would the hours of operation be for the proposed school. Mr. McDonald was unsure of the current hours but said that the beauty school would likely keep the same hours as the existing salon. Commissioner Greenaway said that she also appreciated the parking condition. Commissioner Bykonen stated that while she understands the concerns that were voiced during the public hearing from the neighboring barber but felt that most of the traffic and parking related problems were from the convenient store in the building rather than the beauty salon. Chairwoman Roach asked if the applicant has seen the approval conditions and 4 Page 81 of 132 accepts them. Mr. McDonald replied yes. Commissioner Greenaway moved, seconded by Commissioner Polk, to adopt the findings of fact and conclusions therefrom as contained in the December 15, 2016 staff report. The motion passed 6 to 1 with Commissioner Mendez abstaining. Commissioner Greenaway moved, seconded by Commissioner Polk, based on the findings of fact and conclusions therefrom the Planning Commission recommend the City Council grant a special permit to Lupita's Beauty Salon for the location of a Cosmetology and Barber School at 915 West Court Street with the conditions as contained in the December 15, 2016 staff report. The motion passed 6 to 1 with Commissioner Mendez abstaining. 5 Page 82 of 132 AGENDA REPORT FOR: City Council December 22, 2016 TO: Dave Zabell, City Manager Regular Meeting: 1/3/17 Rick White, Director Community & Economic Development FROM: Dave McDonald, City Planner Community & Economic Development SUBJECT: Special Permit: Location of an Early Learning Center in the Senior Center Building (MF# SP 2016-014) I. REFERENCE(S): Vicinity Map Proposed Resolution Report to Planning Commission Planning Commission Minutes Dated: 11/17/16 & 12/20/16 H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. , accepting the Planning Commission's recommendation and approving a special permit for the location of an Early Learning Center at 1315 N. 7th Avenue. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On November 17, 2016, the Planning Commission conducted a public hearing to determine whether or not to recommend a special permit be granted for the location of an Early Learning Center in the Senior Center at 1315 N. 7th 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 proposed school. The recommended conditions are contained in the attached Resolution. Page 83 of 132 No written appeal of the Planning Commission's recommendation has been received. V. DISCUSSION: Page 84 of 132 Item: Special Permit - Early Learning Center in R-1 ' Vicinity Applicant: Pasco School District w + E Map File#: SP 2016-014 ST al M7 -'-a 74 4w BROt ST AL CO MARIE ST1111 OCTAVE . T =a T If RESOLUTION NO. A RESOLUTION ACCEPTING THE PLANNING COMMISSION'S RECOMMENDATION AND APPROVING A SPECIAL PERMIT FOR THE LOCATION OF AN EARLY LEARNING CENTER AT 1315 N. 7th AVENUE. WHEREAS, the Pasco School District submitted an application for the location of an Early Learning Center (Tax Parcel 112152299 & 112152300) at 1315 N. 7th Avenue; and, WHEREAS, the Planning Commission held a public hearing on November 17, 2016 to review the special permit proposal; and, WHEREAS, following deliberations on December 21, 2016 the Planning Commission recommended approval of a Special Permit for the proposed Early Learning Center with certain conditions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: 1. That a Special Permit is hereby granted to the Pasco School District for the location of an Early Learning Center at 1315 N. 7th Avenue under Master File # SP2016-014 with the following conditions: a) The special permit shall apply to Parcels #112152299 and #112152300. b) The property shall be redeveloped in substantial conformity with the site plan submitted with the special permit application. c) All costs associated with speed reduction/modification including but not limited to flashing lights, signage, pedestrian sensors, safety and crosswalks and other accommodation necessary for safe pedestrian routes to and from the site shall be paid for by the School District. d) The special permit shall be null and void if a building permit has not been obtained by January 1, 2019. Passed by the City Council of the City of Pasco this 3rd day of January, 2017. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney Page 86 of 132 REPORT TO PLANNING COMMISSION MASTER FILE NO: MF# SP 2016-014 HEARING DATE: 11 / 17/16 ACTION DATE: 12/15/16 APPLICANT: Pasco School District # 1 1215 W Lewis St Pasco, WA 99301 BACKGROUND REQUEST: SPECIAL PERMIT: Location of an Early Development Learning Center in the Senior Center Building. (1315 N. 7th Ave.) 1. PROPERTY DESCRIPTION: Leal: All of short Plat 2003-05. General Location: 1315 N. 7th Ave. (The Pasco Senior Center) Property 2.73 acres 2. ACCESS: Access to the site is available from Marie Street and Brown Street. 3. UTILITIES: The property is connected to the City sewer system located in 7th Avenue and a 4 inch water line is located in Marie Street. A water line is also located at the northwest corner of the site. 4. LAND USE AND ZONING: The site is zoned R-1 (Low Density Residential) and is now vacant. Surrounding properties are zoned and developed as follows: NORTH: R-1 - Single Family SOUTH: R-1 - Single Family EAST: "O" 8v C-1 Office and Commercial WEST: R-1 - Single family S. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site as Low -Density Residential. Goal CF -5 suggests adequate provisions should be made for educational facilities located throughout the urban growth area. Policy CF -5-A encourages the appropriate location and design of schools throughout the community. Page 87 of 132 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, the Notice of Application 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. DISCUSSION Pasco's population has more than doubled in the past 15 years growing from 32,066 to over 70,000 today. This population growth has also caused the Pasco School District enrollment to almost double over the same time period. Pasco's K-12 enrollment is expected to be around 20,000 by 2019. In anticipation of project enrollment increases and to fulfill current needs the School District is proposing to remodel the Pasco Senior Center into an Early Development Learning Center. The School District is in the process of purchasing the Pasco Senior Center property and plans to convert the facility to an Early Learning Center. The property sale is to close on December 301h of this year. The Early Learning Center will contain 10 to 11 eleven classrooms with supporting administrative offices, a nurses' station, a multipurpose room, a kitchen and testing areas. The Center will provide educational services to pre -kinder aged children, special needs children as well as economically disadvantaged children. The School District plans to serve about 280 children in the proposed facility. There will be a morning session and an afternoon session with 140 children in each session. Three busses will transport children from existing elementary schools to the Early Learning Center. There will be about 40 staff working at the building. In addition to remodeling the building for classroom space the parking lot will be redeveloped to include a bus loading and unloading area (see attached site Plan. The bus loading area will require one additional driveway on Brown Street. The property has been used as a public facility for since 1975. The public nature and use of the Senior Center property has been well established and is an accepted part of the neighborhood. The property has been the subject of at least two special permit hearing over the years. The School District's proposal is to change the use from one public function (Senior Center) to another (School) . With respect to traffic -related issues elementary schools do not impact peak hour traffic conditions in the way other land uses do. Based on the Institute 2 Page 88 of 132 of Traffic Engineers Trip Generation Manual (8th Ed) an elementary school with 280 students on average can be expected to generate about 200 vehicle trips per day. By comparison, if the site were to develop with single family homes about 180 daily vehicle trips could be expected. Most of the schools in Pasco including the Pasco High School and Chiawana High School are located in residential zoning districts. An on-line search of the Franklin County Assessors records (2016) revealed that many of the residential properties located near the existing Maya Angelou Elementary School have increased in valued since the school was built. The Maya Angelou neighborhood was not fully developed until after the school was built. This provides a good indication that elementary schools do not discourage the development of permitted uses on property in the general vicinity of a school or impair the value thereof. Recent development around the McGee Elementary School also provides another example of a residential neighborhood that developed after a school was constructed. STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report and comments made at the public hearing. The Planning Commission may add additional findings as deemed appropriate. 1. The site is located in an R-1 zone. 2. The Pasco Senior Center has been located on the site for the past 41 years. 3. Schools are conditional land uses in the R-1 zone and require review through the special permit process prior to permitting for construction. 4. The Comprehensive Plan identifies the site for low-density residential uses. 5. Comprehensive Plan Goal CF -5 suggests that adequate provisions should be made for the location of educational facilities throughout the urban growth area. 6. The Pasco School District is in the process of purchasing the site from the City. 7. According to the Institute of Traffic Engineers Trip Generation Manual (8th Ed) the low end estimate for vehicle trip to and from the proposed school will be about 200. 8. If developed with single family homes the site would generate about 180 vehicle trips per day. 9. Pasco's population has more than doubled since 2000. 10. Pasco School District enrollment has doubled since 2000. 11. School district enrollment is expected to reach 20,000 by 2019. 3 Page 89 of 132 12. Residential development near the existing Maya Angelou and McGee Elementary School indicates elementary schools do not negatively impact the value of surrounding homes or the intended development of residential neighborhoods. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must draw its conclusion from the findings of fact based upon the criteria listed in P.M.C. 25.86.060. The criteria and staff listed conclusions are as follows: 1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The proposed use is supported by Plan goal CF -5 which suggests adequate provisions be made for educational facilities throughout the Urban Growth Area. 2) Will the proposed use adversely affect public infrastructure? Public streets and utilities are in place to serve the property. Most of the children will be bussed to the new Learning Center from other elementary schools as a result there will be minimal parent traffic. The traffic impacts from the proposed school would be comparable to the impacts from a residential subdivision on the property. The school will generate almost no traffic during evenings, weekends, holidays and the summer break. 3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The Senior Center has been an integral part of the neighborhood for the past 41 years. Site improvements will largely remain as they are with minor modifications to the parking lot. Elementary schools are typically located in or near residential neighborhoods and are an accepted part of the character of residential areas. 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 height and foot print of the building will not change with the conversion to the Learning Center. The parking lot will be modified .95 Page 90 of 132 slightly to accommodate a bus loading and drop off area along Brown Street. Past experience in Pasco has shown the location of schools within residential neighborhoods has no negative impact on surrounding residential values. Residential development around the Maya Angelou and McGee schools for example was not completed until after the schools were in place. An on-line search of the Franklin County Assessors records (2016) revealed that values of many residential properties located near the existing Maya Angelou and McGee Elementary schools have increased since the schools were built. 5) Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? Experience has shown that schools within Pasco generate few complaints from neighbors. Elementary schools typically are not a source of dust, fumes, vibrations or flashing lights. The proposed school could generate up to 200 vehicle trips per day. During evenings, weekends, holidays and the summer break very little traffic will be generated. 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 Early Learning Center will be remodeled to meet all requirements of the International Building Code, the Fire Code, the Plumbing Code, all other construction codes and state regulations pertaining to school construction. The building will be required to have fire -rated corridors, area separation walls, sufficient exiting and fire sprinkler systems to ensure the safety of the students. Schools have a long history of being accepted in residential neighborhoods. In most communities schools, including middle schools, are located in or near residential neighborhoods. Proposed Approval Conditions Wi Page 91 of 132 1. The special permit shall apply to Parcels #112152299 and #112152300. 2. The property shall be redeveloped in substantial conformity with the site plan submitted with the special permit application. 3. All costs associated with speed reduction/ modification including but not limited to flashing lights, signage, pedestrian sensors, safety and crosswalks and other accommodation necessary for safe pedestrian routes to and from the site shall be paid for by the School District. 4. The special permit shall be null and void if a building permit has not been obtained by January 1, 2019. RECOMMENDATION MOTION for Findings of Fact: I move to adopt Findings of Fact and Conclusions therefrom as contained in the December 15, 2016 staff report. MOTION for Recommendation: I move, based on the Findings of Fact and Conclusions therefrom, the Planning Commission recommend the City Council grant a special permit to the Pasco School District for the location of an Early Learning Center at 1315 N. 71h Ave with the conditions as contained in the December 15, 2016 staff report. Cel Page 92 of 132 Item: Special Permit - Early Learning Center in R-1 ' Vicinity Applicant: Pasco School District w + E Map File#: SP 2016-014 ST al M7 -'-a 74 4w BROt ST ME - 00 I =SITEN INS I -MARIE E.04 -40 TI OCTAVE ST Land Use Item: Special Permit -Early Learning Center in R-1 " Map Applicant: Pasco School District W + E File #: SP 2016-014 S COURT ST Office Office a Mixed Res. SFDUs BROWN ST Q SITE a Commercial Office co LJ� MARIE ST v SFDUs A w OCTAVE ST N CD �1 Zoning Item: Special Permit -Early Learning Center in R-1 " Map Applicant: Pasco School District W + E File #: SP 2016-014 S COURT ST C-1 i,11�111� BROWN ST MARIE ST C-1 R-7 I C-1 I (Q CD E9 C) 0 CA) N II -- _-____I---- W BR WN ST NEW FEN.E i1h;KADED CURB ANU a NEW DRIVEWAY JFSKADED CUKb AND 1 SIUEWALKT JP :HALED DkNEWAY -SIDEWALK _� _ - "'�_ - - STuEVP�K•' — _ t _ �E�'- _— _ — _ I i � -4'11141 nNAL UEUI'1TEL (+'N:•:•:•:•:':'••.•.. 1K`^' � ..ix, ••^rr:'i i I � 1 k1HT- 1 Al (E)LAWN ttb SIUEWALKTIT] I II 1--- I L IIAl I „ t � 1 I• W _ 1 __—_i7l, ___' L` _ �= I ul Li lz A IL ' . 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F PLANNING COMMISSION MINUTES 11/17/16 D. Special Permit Location of an Early Learning Center in the Senior Center Buildinx (Pasco School District) (MF# SP 2016-014) Chairwoman Roach read the master file number and asked for comments from staff. Dave McDonald, City Planner, explained the School District is in the process of entering into an agreement with the City to purchase the old Senior Center building between Marie Street and Brown Street. The School District would like to turn the Senior Center into an Early Learning Center for about 280 students along with 40 staff. The proposal is to create 10-11 classrooms within the building and have some additional space for testing, administrative purposes and a nurse. As with any educational facility, the District is required to obtain a special permit before they can start renovations. The exterior of the building won't change much except to add another driveway on the north side of the building onto Brown Street to create some pass through drop off for buses. Randy Nunamaker, 1215 W. Lewis Street, spoke on behalf of School District. The Early Learning Center will help provide learning for Pre -K students to get them on track and on time with other students entering into Kindergarten. The center will also provide intentional opportunities for special needs students to interact with typically developing peers. Commissioner Portugal asked how many buses are expected to be driving through the neighborhood. Mr. Nunamaker said probably 4-5 buses and there would still be the opportunity for parents to drop off their students. Commissioner Bykonen asked staff if the surrounding neighborhood was notified about this public hearing. Mr. McDonald responded yes. Commissioner Bykonen asked if staff received any comments. Mr. McDonald answered that they haven't. With no further questions or comments the public hearing closed. Commissioner Portugal asked if the facility is currently vacant. Page 102 of 132 Mr. McDonald stated no. Commissioner Mendez moved, seconded by Commissioner Greenaway, to close the public hearing and schedule deliberations, the adoption of findings of fact and development of a recommendation for City Council for the December 15, 2016 Planning Commission Meeting. The motion passed unanimously. Page 103 of 132 PLANNING COMMISSION MINUTES 12/21/16 D. Special Permit Location of an Early Learning Center in the Senior Center Building (PSD #1) (MF# SP 2016= 014) Chairwoman Roach read the master file number and asked for comments from staff. Dave McDonald, City Planner, discussed the special permit application for the location of an Early Learning Center in the Senior Center Building. He stated that there were no changes or additional comments to the report since the previous meeting. Commissioner Lukins moved, seconded by Commissioner Greenaway, to adopt the findings of fact and conclusions therefrom as contained in the December 15, 2016 staff report. The motion passed unanimously. Commissioner Lukins moved, seconded by Commissioner Greenaway, based on the findings of fact and conclusions therefrom the Planning Commission recommend the City Council grant a special permit to the Pasco School district for the location of an Early Learning Center at 1315 N. 7th Avenue with the conditions as contained in the December 15, 2016 staff report. The motion passed unanimously. Page 104 of 132 AGENDA REPORT FOR: City Council December 22, 2016 TO: Dave Zabell, City Manager Regular Meeting: 1/3/17 Rick White, Director Community & Economic Development FROM: Jeff Adams, Associate Planner Community & Economic Development SUBJECT: Special Permit: Mini -Storage Facility in a C-1 Zone (MF# SP 2016-013) I. REFERENCE(S): Vicinity Map Proposed Resolution Report to Planning Commission Planning Commission Minutes Dated: 11/17/2016 and 12/21/16 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. , approving a special permit for the location of a mini -storage facility located on Lot 4 of Binding Site Plan 2004-08. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On November 17, 2016 the Planning Commission conducted a public hearing to determine whether or not to recommend the location of a mini -storage facility at the 1200 block of North 22nd Avenue. Following the conduct of a public hearing, the Planning Commission reasoned it would be appropriate to recommend the location of the mini -storage facility. No written appeal of the Planning Commission's recommendation has been received. V. DISCUSSION: Page 105 of 132 Applicant is proposing to develop a mini -storage facility on Lot 4 of the Tower Plaza Shopping Center (Binding Site Plan 2004-08). The Tower Plaza Shopping Center is located just south of the Albertson's Shopping Center, east of Umpqua Bank and west of Stevens Middle School. A parking lot for Stevens Middle School is located to the south of the site. Page 106 of 132 t -a RESOLUTION NO. A RESOLUTION APPROVING A SPECIAL PERMIT FOR THE LOCATION OF A MINI - STORAGE FACILITY LOCATED ON LOT 4 OF BINDING SITE PLAN 2004-08. WHEREAS, Joo Baik Kim submitted an application for the location of a Mini -Storage Facility located on Lot 4 of Binding Site Plan 2004-08; and WHEREAS, the Planning Commission held public hearings on November 17, 2016 to review a special permit for the proposed Mini -Storage Facility; and, WHEREAS, following deliberations on December 21St, 2016 the Planning Commission recommended approval of a Special Permit for the Mini -Storage Facility with certain conditions; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: 1. That a Special Permit is hereby granted to Joo Baik Kim for the location of a Mini - Storage Facility in a C-1 (Retail Commercial) District under Master File #SP 2016-013 with the following conditions: a) This Special Permit shall apply to Lot 4 of Binding Site Plan 2004-08 (Parcel #119 331 048) b) The site shall be developed in substantial conformance with the site plan submitted with the Special Permit application; c) All aisle -ways between buildings and all entrance driveways/roads shall be hard - surfaced; d) All building walls exposed to an existing city street together with all walls visible from adjoining properties shall contain architectural features to add interest and aesthetic qualities to building by the use of masonry coursing, pilasters, patterning, alternating textures and decorative molding to match the existing office building. No composite materials, such as typical home siding, are permitted. Exterior wall treatment shall be approved by the Community Development Director. e) All metal roofing shall be colored to complement the exterior walls of the mini - storage buildings while minimizing glare; f) The site shall be screened with an architectural block wall/fence along the north property line between the proposed facility and the residential development to the north. g) The 22nd Avenue street frontage shall conform to the commercial landscaping and screening requirements found in PMC 25.75. h) All security lighting shall be shielded and designed to prevent the encroachment of light onto adjoining properties; i) The Special Permit shall be null and void if a building permit has not been obtained by September 1, 2018. Page 108 of 132 Passed by the City Council of the City of Pasco this 3rd day of January, 2017. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark, City Clerk Leland B. Kerr, City Attorney Page 109 of 132 REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 2016-013 HEARING DATE: 11/ 17/2016 ACTION DATE: 12/15/2016 BACKGROUND APPLICANT: Joo Baik Kim 3712 Rd 96 Pasco, WA 99301 REQUEST FOR SPECIAL PERMIT: Location of a Mini -Storage Facility in a C-1 Zone 1. PROPERTY DESCRIPTION: Legal: Lot 4 of Binding Site Plan 2004-08 General Location: The 1200 block of North 22nd Avenue (Parcel # 119 331 048) Property: Approximately .54 acres 2. ACCESS: The site has access from North 22nd Avenue. 3. UTILITIES: Water and sewer lines are located in North 22nd Avenue to the west. Most of the proposed storage buildings will not require connection to municipal sewer and water. 4. LAND USE AND ZONING: The property is zoned C-1 (Retail Business). The zoning and land use of the surrounding properties are as follows: NORTH: R -4/C-1 4-Plexes/Retail shopping center EAST: C-1 Retail shopping center SOUTH: R-2 Parking Lot for Stevens Middle School WEST: R -2/R-3 Stevens Middle School 5. COMPREHENSIVE PLAN: The site is designated in the Comprehensive Plan for future commercial uses. The Plan does not specifically address self -storage facilities, but elements of the Plan encourage the promotion of orderly development including the development of zoning standards for off-street parking and other development. Policy LU- 1-B encourages enhancement of the physical appearance of development within the City. The Comprehensive Plan (LU -4-A) encourages the location of commercial facilities at major intersection to avoid commercial sprawl and avoid disruptions of residential neighborhoods. Policy LU -2-D requires all development to be landscaped. ED -3-E suggests the use of landscaping to provide a buffer between less intensive uses (such as residential) from utilitarian areas of commercial and industrial facilities. 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, the Notice of Application and other information, a threshold Page 110 of 132 determination resulting in a Determination of Non -Significance (DNS) has been issued for this project under WAC 197-11-158. IA\k)F11% if -I Applicant is proposing to develop a mini -storage facility on Lot 4 of the Tower Plaza Shopping Center (Binding Site Plan 2004-08). The Tower Plaza Shopping Center is located just south of the Albertson's Shopping Center, east of Umpqua Bank, and west of Stevens Middle School. A parking lot for Stevens Middle School is located to the south of the site. Mini -storage facilities are a conditional use that may be permitted only by the granting of a Special Permit. Special Permit reviews and determinations are made based upon the criteria listed in PMC Section 25.86.060. If it can be demonstrated that a mini - storage facility will be in accordance with the policies of the Comprehensive Plan, that it will be maintained in harmony with the existing or intended character of the surrounding neighborhood, and that it generally supports the other criteria of PMC Section 25.86.060, a Special Permit may be approved. The mini -storage facility would consist of two 4,500 square -foot storage buildings divided into eighteen 10' X 25' units on Lot 4 of the Tower Plaza shopping center (Binding Site Plan 2004-08). In all, a total of around 7,000 square feet of new storage is proposed. As discussed above 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 be established and operated in harmony with the neighborhood. The intended character of the site is retail commercial; properties to the north and east are a mix of high-density residential and commercial and have been developed with 4-plexes and a multi -building shopping center; properties to the south and west are designated for medium to high density residential uses and have been developed as extended staff parking for the Stevens Middle School and the school itself, respectively. The site's C-1 zoning permits a variety of commercial retail, office and service business to locate on the property. The Institute of Traffic Engineers Manual estimates an office complex with square footage comparable to the proposed mini -storage facility could generate an average of about 771 vehicle trips per day and a similar sized retail shopping center approximately 3,006 vehicle trips per day. High impact facilities like a small convenience store/gas station, which are also permitted in the C-1 zone can generate over 51,600 vehicle trips per day. By comparison mini -storage facilities have considerably less traffic than permitted uses in the C-1 zone. Experience with mini - storage facilities in Pasco suggests daily vehicle trips in the teens or less. Based upon vehicular traffic to the site the proposed mini -storage facility would create less noise, vibration and commotion than many permitted uses in the C-1 zone. 2 Page 111 of 132 Additionally the hours of operation for a restaurant or tavern (both permitted uses) could also have a greater impact on the neighborhood than a mini -storage facility. FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. Applicant is proposing to develop a mini -storage facility at the 1200 block of North 22nd Avenue (Parcel # 119 331 048) on Lot 4 of the Tower Plaza Shopping Center. 2. Tower Plaza Shopping Center is located just south of the Albertson's Shopping Center. 3. Mini -storage facilities may be permitted only through the Special Permit process in a C-1 zone. 4. The mini -storage facility would consist of a total of around 7,000 square feet of new storage in two 18 -unit 4,500 square -foot storage buildings. 5. Properties to the north and east are a mix of high-density residential and commercial and have been developed with 4-plexes and a multi -building shopping center; 6. Properties to the south and west are designated for medium to high density residential uses and have been developed as Stevens Middle School and extended school staff parking. 7. The Institute of Traffic Engineers Manual estimates a 7,000 square -foot mini - storage facility will generate about 175 vehicle trips per day; other similar sized uses already permitted in the C-1 zone would generate vehicle trips as follows: a) Office complex: 771 vehicle trips per day; b) Retail shopping center approximately 3,006 vehicle trips per day; c) Convenience store/gas station, over 51,600 vehicle trips per day. d) Experience in Pasco suggests daily vehicle trips for mini -storage facilities are in the teens or lower. 8. Based upon vehicular traffic to the site the proposed mini -storage facility would create less noise, vibration and commotion than many permitted uses in the C- 1 zone. 3 Page 112 of 132 9. Additionally the hours of operation for a restaurant (a permitted use in the C-1 Zone) could also have a greater impact on the neighborhood than a mini -storage facility. 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? A mini -storage facility can be compatible with several Comprehensive Plan policies. Policy LU -1-B encourages enhancement of the physical appearance of development within the City. The proposal would replace vacant land with a well-developed facility with a landscaped street. Policy LU -2-D requires all development to be landscaped. Development of the site currently includes landscaping which support policies of the Comprehensive Plan (LU2-D). The Comprehensive Plan (LU -4-A) encourages the location of commercial facilities at major intersection to avoid commercial sprawl and avoid disruptions of residential neighborhoods. (2) Will the proposed use adversely affect public infrastructure? All municipal utilities are currently available to the site from North 22nd Avenue. Water and sewer demands of the proposed use will be negligible compared to permitted uses such as restaurants and similar uses. Impacts to the adjoining streets will likewise be minimal due to the low volume of traffic typically generated by mini -storage facilities. (3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The Comprehensive Plan (LU -4-A) encourages the location of commercial facilities at major intersection to avoid commercial sprawl and avoid disruptions of residential neighborhoods. The proposed site is zoned C-1 and is located on the 1200 block of North 22nd Avenue (Parcel #119 331 048). Due to the lack of traffic and noise generated by mini -storage facilities the proposal may be more in harmony with the neighborhood than permitted uses. (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 4 Page 113 of 132 Structures in the C-1 zone are limited to thirty five (35) feet in height. None of the proposed structures will approach 35 feet in height with the tallest structure likely being well under twenty five (25) feet in height. The location of mini -storage facilities adjacent to residential neighborhoods within the City has not resulted in complaints being forwarded to the City. (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 City receives few to no complaints about the operations of mini -storage facilities adjacent to residential neighborhoods Typically, mini -storage facility generate far less traffic, noise, dust, etc. than some uses permitted in the C-1 zone; such as restaurants, taverns, night-clubs and car -washes. (6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in any way will become a nuisance to uses permitted in the district? As a general land use, mini -storage facilities are not inherently dangerous to public health or safety and do not generate nuisance conditions. APPROVAL CONDITIONS 1) This Special Permit shall apply to Lot 4 of Binding Site Plan 2004-08 (Parcel # 119 331 048) 2) The site shall be developed in substantial conformance with the site plan submitted with the Special Permit application; 3) All aisle -ways between buildings and all entrance driveways/roads shall be hard -surfaced; 4) All building walls exposed to an existing city street together with all walls visible from adjoining properties shall contain architectural features to add interest and aesthetic qualities to building by the use of masonry coursing, pilasters, patterning, alternating textures and decorative molding to match the existing office building. No composite materials, such as typical home siding, are permitted. Exterior wall treatment shall be approved by the Community Development Director. 5) All metal roofing shall be colored to complement the exterior walls of the mini - storage buildings while minimizing glare; 6) The site shall be screened with an architectural block wall/fence along the north property line between the proposed facility and the residential development to the north. 5 Page 114 of 132 7) The 22nd Avenue street frontage shall conform to the commercial landscaping and screening requirements found in PMC 25.75. 8) All security lighting shall be shielded and designed to prevent the encroachment of light onto adjoining properties; 9) The Special Permit shall be null and void if a building permit has not been obtained by September 1, 2018. RECOMMENDATION MOTION: I move to close the public hearing and adopt findings of fact and conclusions therefrom as contained in the December 15, 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 Mini -Storage Facility in a C-1 zoning district at the 1200 block of North 22nd Avenue (Parcel # 119 331 048), with the conditions as listed in the December 15, 2016 staff report. C Page 115 of 132 t -a Land Use Item: Special Permit -Mini-Storage in a C-1 Zone " Map Applicant: Joo Baik Kim W + E File #: SP 2016-013 S Multi- Family> .E � Q� o �= Commercial vii N� SITE Stevens Middle School w Q CD N —I Church D LL HENRY ST cf) Item: Special Permit -Mini-Storage in a C-1 Zone " Zoning Applicant: Joo Baik Kim W � E Map File #: SP 2016-013 S R-3 w 0 C-1 N R.1- N W SITE Q R-2 11011 0 W N Q R-2 z � R-1 v CD HENRY ST COw R-3 R-3 C-1 N meq• . a — - - `- � ' - . _ .• � �� . . ` e . _ .. 1 _airs �'� ljl Looking East CD N O O W N Looking South T _ _ .•;i--. ,�:--:..� _ i - -e .xi �-"��E". .. _ ter. �.4«� nom- �'a�`�y"�-�,�•., .C=rc-•-c4=ter :�:a O --n W N 'NEW g �_-1 �� _A - Aw -- - - _ t.r. ' � 3t "r - s - - - _ `r. - `.E•- -ate - _ - •- - _ r . lop, t PLANNING COMMISSION MINUTES 11/17/16 C. Special Permit Location of a Mini -Storage Facility in a C-1 Zone (Kim) (MF# SP 2016-013) Chairwoman Roach read the master file number and asked for comments from staff. Rick White, Community &v Economic Development Director, discussed the special permit application for the location of a mini -storage facility in a C-1 zone. Mini -storage facilities are permitted in the C-1 zone but only by the granting of a special permit. The proposal would construct two storage buildings each slightly less than 4,500 square feet. Staff has developed findings of fact, conclusions and tentative approval conditions for the proposal that mainly speak to aesthetics. Approval condition #6 in the staff report needs to be revised striking the 10' landscaping strip; instead it should be an architectural or block wall. Joo Kim, 3712 Road 96, spoke on behalf of his application. With no further questions or comments the public hearing closed. Chairwoman Roach stated that she was not strongly opposed to this application but given the location she didn't feel a storage facility was in harmony with the character of the neighborhood; such as, the Albertson's, restaurants, banks, laundromat, school and strip malls. Commissioner Polk agreed with Chairwoman Roach except for across from the nearby laundromat they are building another strip mall east of the location. It will be fairly large and closes off the openness of Albertson's which would help to isolate the school, keeping it more removed from the extra commercial traffic. The restaurants are closer to Court Street so the commercial feel doesn't really flow down 22nd. Chairwoman Roach asked for clarification on the entry of the mini -storage facility and if it would be off of 22nd Avenue. Staff nodded yes. Commissioner Bykonen asked if this property has always been a vacant lot. Staff nodded yes. Commissioner Greenaway moved, seconded by Commissioner Bykonen, to close the public hearing and schedule deliberations, the adoption of findings of fact and development of a recommendation for City Council for the December 15, 2016 Planning Commission Meeting. The motion passed unanimously. -1- Page 124 of 132 PLANNING COMMISSION MINUTES 12/21/16 C. Special Permit Location of a Mini -Storage Facility in a C-1 Zone (Kim► (MF# SP 2016-0131 Chairwoman Roach read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the special permit application for the location of a mini -storage facility in a C-1 Zone. He stated that there were no changes or additional comments to the report since the previous meeting. Commissioner Polk moved, seconded by Commissioner Greenaway, to close the public hearing and adopt findings of fact and conclusions therefrom as contained in the December 15, 2016 staff report. 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 grant a special permit for the location of a mini -storage facility in a C-1 zoning district at the 1200 block of North 22nd Avenue (Parcel # 119 331 048) with the conditions as listed in the December 15, 2016 staff report. The motion passed unanimously. -2- Page 125 of 132 AGENDA REPORT FOR: City Council December 19, 2016 TO: Dave Zabell, City Manager Regular Meeting: 1/3/17 Rick White, Director Community & Economic Development FROM: Dave McDonald, City Planner Community & Economic Development SUBJECT: Utility Easement: Croskrey Water Line Easement (MF# ESMT 2016-001) I. REFERENCE(S): Over View Map Vicinity Map Water Line Easement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to accept the water line easement from Croskrey Properties LLC for Parcel # 117250030 located at 3302 Road 44. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: Croskrey Properties LLC is in the process of building a mini -storage facility at 3302 Road 44 near the intersection of Road 44 and Argent Road. The Building and Fire Code required the mini -storage facility to install two fire hydrants on private property amongst the storage buildings. The fire line will remain part of the public system so the hydrants can be properly maintained. As a result a water line easement is needed for the benefit of the public water line. V. DISCUSSION: Page 126 of 132 Vicinity Item: Fire Lane Easement Dedication Deed Applicant: Nathan Croskrey Map File• E MT 2016-001 #. S n9l IN After Recordinp,, Return To: City of Pasco, Washington Attn: City Planner 525 North 3`d Pasco, WA 99301 UTILITY EASEMENT Tax Parcel No. 117250030 THE GRANTORS, Croskrey Properties LLC, a Washington State limited Liability corporation hereby grant to the GRANTEE, The City of Pasco, a Municipal Corporation of the State of Washington, an exclusive 10 -foot water utility easement, over, across and upon the property depicted in Exhibit "A" and described in Exhibit `B" attached hereto. DATED this 30 day of 1� e,4e , 2016. GRANTOR(S) Owners STATE OF WASHINGTON ) ss. County of Franklin On this 34 day of 2016, before me, the undersigned, duly commissioned and sworn, personally appeared N O-k'A0.V, C,raSlcJ w to me known to be individual(s) described above and who executed the within and foregoing instrument as 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 said instrument. GIVEN under by hand and official seal this 30 day of t,1 aJ e'nnb-ef 2016. Print Name: �1"Sjrzke_ S\' ..r 'y' Notary Public NOTARY PUBLIC in and for the State of Washington State of Washington Residing at: Pr,.SC.rS KRYSTLE L. SHANKS My Commission Expires: 2.0MYCOMMISSION EXPIRES T_ January 5, 2020 Page 128 of 132 S.W. OF 1/4 SEC. 14, T 9N., R 29 E, W.M. L14 Z EXHIBIT A L 1 U) Lio L13 c) < 011D 5/8" REBAR Ll 0---"�-\ Ld (,o W/ORANGE CAP MARKED ------ -------- ----------------- ----------------------------------------- "STRATTON AAD 38021" -------------- -------- ---- L9B'p LAJ L7 10 A"L L8 lql�r, " 12 :0 c� 1514 W -"- __ 222123 a N's P COMMERCIAL PARCEL 3302 ROAD 44 7.25 ACRES R=805.00' L=4.02' n L5 i L4 30': SEE RS#3-286 P aa P. 0. 8. L3:;' 59,FOUND CASED AAD 9*24'53"W -cD AADJ! BRASS CAH 4 -------- ----- —\p—B--0--B--S--89--*2-4'53"E 2685,55- - - - ------ FOUND CASED BRASS CAP CD co 0 h CA) N) SKETCH FOR CROSAREY PROPEWFIES L. L. C. r-13 Ll - — - — - — - — - —- — - — - — - — - — - — - — -- 1 213 --------- ARGENT PL. .T)?A rTON SUB VEYINC 4946SK1,DWG & MAPPING, PC 7525 W. UE5CHU[F. uw IC DATE: 08/31/16 KDMWCK. WA 99336 sSW) 735-7364 FAX: (5N) 735-6560 DRAWN BY: DWS JR SCALE 1" = 100' @ 2016 SH T. 1 OF 2 JOB# 494 UNE TABLE LINE LENGTH DRECTION L1 58.03 N89'24'53"W L2 10.00 N00`35'07"E L3 53.13 S89'24'53"E L4 166.31 N01 °10'01 "E L5 6.08 N39°57'01"W L6 25.66 N01'11'41 "E L7 75.65 N01`11'41"E L8 291.05 N88°49'59"W L9 266.42 N88`49'59"W L10 83.64 N49°30'34"W L11 16.00 N01 *46'29"1 L12 8.63 S88°39'38"E L13 75.97 N01 °10'01 "E L14 14.00 S89°02'06"E SKETCH FOR CROSIYREY PROPERTIES L. L. G Ch) 0 O Ch) N S,W. 1/4 OF SEC. 14, T 9N., R 29 E., W.M. ?ATTON SURVEYING & MAPPING, PC 7525 w. u L UNI *u.EVCK, WR 35336 (509) 735-736. FAX; 15091 735-6560 EXHIBIT A 4946SKt.DWC DATE: 09/08/16 DRAWN BY: DWS JR 2016 SH T. 2 OF 2 J013#49, Exhibit B STRATTON SURVEYING & MAPPING, PC DATE: 09/02116 DRAWING: 4946SK1.DWG WATER EASEMENT 7525 W. DESCHUTES PL. UNIT 1C KENNEWICK, WA 99336 PHONE: (509) 735-7364 (800) 730-7364 FAX: (509) 735-6560 E-MAIL: stratton(a)strattonsuruey.com DESCRIPTION; AN EASEMENT 10.00 FEET IN WIDTH AFFECTING THE COMMERCIAL PARCEL DESCRIBED IN THE LAND SALE CONTRACT AS RECORDED UNDER A.F. #1695550, LYING IN THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 9 NORTH, RANGE 29 EAST, W.M., RECORDS OF FRANKLIN COUNTY, WASHINGTON, LYING 5.00 FEET ON EACH SIDE OF THE CENTERLINE DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHEAST CORNER OF SAID COMMERCIAL PARCEL, THENCE NORTH 89024'53" WEST ALONG THE SOUTHERLY LINE OF SAID COMMERCIAL LOT 58.03 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 0035'07" EAST LEAVING SAID SOUTHERLY LINE 10.00 FEET; THENCE SOUTH 8924'53" EAST 53.13 FEET; THENCE NORTH 01 °10'01" EAST 166.31 FEET; THENCE NORTH 39°57'01" WEST 6.08 FEET; THENCE NORTH 01°11'41" EAST TO A POINT KNOWN HEREINAFTER AS POINT "A", THENCE NORTH 01 °11'41" EAST 75.65 FEET; THENCE NORTH 88°49'59" WEST 291.05 FEET TO A POINT KNOWN HEREINAFTER AS POINT "B"; THENCE NORTH 88049'59" WEST 266.42 FEET; THENCE NORTH 49°30'34" WEST 83.64 FEET,- THENCE EET;THENCE NORTH 01°46'29" EAST 16.00 FEET TO THE TERMINUS OF SAID CENTERLINE. TOGETHER WITH AN EASEMENT OF SAID WIDTH; BEGINNING AT AFOREMENTIONED POINT "A", THENCE SOUTH 88039'38" EAST 8.63 FEET TO THE TERMINUS OF SAID CENTERLINE. Page 131 of 132 TOGETHER WITH AN EASEMENT OF SAID WIDTH; BEGINNING AT AFOREMENTIONED POINT "B", THENCE NORTH 01010'01" EAST 75.97 FEET; THENCE SOUTH 89°02'06" EAST 14.00 FEET TO THE TERMINUS OF SAID CENTERLINE. SEE EXHIBIT A TOGETHER WITH AND SUBJECT TO EASEMENTS, RESERVATIONS, COVENANTS AND RESTRICTIONS OF RECORD AND IN VIEW. Page 132 of 132