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HomeMy WebLinkAbout2017.04.03 Council Meeting PacketRegular Meeting AGENDA PASCO CITY COUNCIL 7:00 p.m. April 3, 2017 Page 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. 4 - 7 (a) Approval of Minutes To approve the Minutes of the Pasco City Council Meeting dated March 20, 2017. 8 - 9 (b) Bills and Communications To approve claims in the total amount of $2,062,655.99 ($1,118,086.96 in Check Nos. 215154-215420; $944,569.03 in Electronic Transfer Nos. 814483-814632; 814635-814654; 814656-814933); $29,811.97 in Check Nos. 50271-50298; $618,160.04 in Electronic Transfer Nos. 30105294- 30105779; $0.00 in Electronic Transfer No. n/a. 10 - 14 (c) Naming of Public Building To approve Resolution No. 3761, approving the name "First Ave. Center" for the remodeled modular building located at 505 N. 1st Ave., as recommended by the Park and Recreation Advisory Board. (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 Page 1 of 140 Regular Meeting April 3, 2017 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: 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: 15 - 30 (a) Taxicab and Transportation Network Company Licensing MOTION: I move to adopt Ordinance No. 4342, repealing PMC Chapter 5.45 “For-Hire Vehicles”; Creating PMC Chapter 5.45A “Taxicab and Transportation Network Company Licensing”; and Amending PMC Section 3.07.050 “Business Licenses” to Establish License Fees and, further, authorize publication by summary only. 31 - 33 (b) Comprehensive Stormwater Management Plan MOTION: I move to approve Resolution No. 3762, adopting the 2016 Comprehensive Stormwater Management Plan. 34 - 69 (c) Q* Preliminary Plat: Volterra Estates (MF# PP 2017-001) MOTION: I move to approve Resolution No. 3763, approving the Preliminary Plat for Volterra Estates. 70 - 89 (d) Q* Special Permit: Kimberly Pack Daycare (MF# SP 2017 -001) MOTION: I move to approve Resolution No. 3764, granting a special permit for the location of a daycare center in an "O"(Office) District at 4013 W. Court Street, as recommended by the Planning Commission. 90 - 115 (e) * Land Sale to A-1 Properties LLC MOTION: I move to approve Resolution No. 3765, approving the sale of certain real property on 20th Avenue near Argent Road. 9. UNFINISHED BUSINESS: Page 2 of 140 Regular Meeting April 3, 2017 10. NEW BUSINESS: 116 - 140 (a) * Sale of Surplus Property to A-1 Properties LLC MOTION: I move to approve the Purchase and Sale Agreement with A-1 Properties LLC for approximately 4.9 acres on 20th Avenue, south of Argent Road and, further, authorize the City Manager to excute the Agreement. 11. MISCELLANEOUS DISCUSSION: 12. EXECUTIVE SESSION: 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed Q Quasi-Judicial Matter MF# “Master File #....” REMINDERS:  1:30 p.m., Monday, April 3, TRIOS – Emergency Medical Services Board Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; AL YENNEY, Alt.)  12:00 p.m., Wednesday, April 5, 2601 N. Capitol Avenue – Franklin County Mosquito Control District Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; AL YENNEY, Alt.) This meeting is broadcast live on PSC-TV Channel 191 on Charter Cable and streamed at www.pasco-wa.gov/psctvlive. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Page 3 of 140 AGENDA REPORT FOR: City Council March 28, 2017 TO: Dave Zabell, City Manager Regular Meeting: 4/3/17 FROM: Rick Terway, Director Administrative & Community Services SUBJECT: Approval of Minutes I. REFERENCE(S): Minutes 03.20.17 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the Minutes of the Pasco City Council Meeting dated March 20, 2017. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 4 of 140 REGULAR MEETING MINUTES PASCO CITY COUNCIL MARCH 20, 2017 CALL TO ORDER: 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; Leland Kerr, City Attorney; Richard Terway, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Richa Sigdel, Finance Director; Bob Metzger, Police Chief; Bob Gear, Fire Chief; Dan Ford, City Engineer and Michael Morales, Economic Development Program Manager. 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 March 6, 2017. Bills and Communications To approve claims in the total amount of $1,946,259.40 ($1,240,642.05 in Check Nos. 214886-215153; $705,617.35 in Electronic Transfer Nos. 814470- 814471; 814474, 814479-814482; 814633-814634, 814655); $28,409.25 in Check Nos. 50243-50270; $614,934.02 in Electronic Transfer Nos. 30104813- 30105293; $2,674.35 in Electronic Transfer No. 346-349. 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 $366,632.23 and, of that amount, authorize $277,137.87 be turned over for collection. Tourism Promotion Area Reserve Fund Request To approve the Tourism Reserve Balance request for the Tourism Promotion Area in the amount of $160,000. Final Acceptance: 2015 Overlays To adopt Resolution No. 3758, accepting work performed by Central Washington Asphalt, Inc., under contract for the 2015 Overlays project. Street Vacation: A Portion of Road 72 (MF# VAC 2017-001) To approve Resolution No. 3759, setting 7:00 P.M., Monday, April 17, 2017, as the time and date to conduct a public hearing to consider vacating a portion of Road 72. Page 1 of 3 Page 5 of 140 REGULAR MEETING MINUTES PASCO CITY COUNCIL MARCH 20, 2017 Street Vacation: A Portion of Commercial Ave. (MF# VAC 2017-002) To approve Resolution No. 3760, setting 7:00 P.M., Monday, April 17, 2017, as the time and date to conduct a public hearing to consider vacating a portion of Commercial Avenue. MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr. Yenney seconded. Motion carried by unanimous Roll Call vote. REPORTS FROM COMMITTEES AND/OR OFFICERS: Mr. Flores noted he is taking part in Fire Operations 101 this week. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Creating PMC Chapter 9.90 "Unauthorized Camping" Mr. White updated Council on the proposed ordinance. MOTION: Ms. Francik moved to adopt Ordinance No. 4341, creating PMC Chapter 9.90 "Unauthorized Camping," and further, authorize publication by summary only. Mr. Yenney seconded. Motion carried unanimously. Amending PMC 11.04.020 "Operations of the Code Enforcement Board" MOTION: Ms. Francik moved to adopt Ordinance No. 4339, amending PMC Section 11.04.020 "Operations of the Code Enforcement Board," and further, authorize publication by summary only. Mr. Yenney seconded. Motion carried unanimously. Boards & Commissions Attendance Policy Mr. Terway updated Council on the proposed ordinance. MOTION: Ms. Francik moved to adopt Ordinance No. 4340, amending PMC Section 2.18.030 "Vacancies and Removal from Office", Section 2.36.020 "Removal of Commissioners", creating Section 2.58 "Board and Commission Officer", and amending Section 11.04.020 "Operation of Code Enforcement Board" and further, authorize publication by summary only. Mr. Martinez seconded. Motion carried unanimously. NEW BUSINESS: Professional Services Agreement Amendment No. 1 - Murray, Smith and Associates for the Near Term Wastewater Treatment Plant Industrial Impacts Assessment and Improvements MOTION: Ms. Francik moved to approve Professional Services Agreement Amendment No. 1 with Murray, Smith and Associates, Inc., for the Near Term Wastewater Treatment Plant Industrial Impacts Assessment and Improvements, and, further, authorize the City Manager to execute the agreement. Mr. Martinez seconded. Motion carried unanimously. Page 2 of 3 Page 6 of 140 REGULAR MEETING MINUTES PASCO CITY COUNCIL MARCH 20, 2017 Bid Award: N. 20th Avenue Safety Improvements MOTION: Ms. Franck moved to award the N. 20th Ave Safety Improvements project to Moreno & Nelson Construction, Corp. in the amount of $2,002,384.50 and, further, authorize the City Manager to execute the contract documents. Mr. Yenney seconded. Motion carried by unanimous Roll Call vote. Bid Award - Pasco Specialty Kitchen Flooring Council and staff discussed the details of the proposed project. MOTION: Ms. Francik moved to award the Pasco Specialty Kitchen Flooring project to Great Floors LLC, in the amount of $70,601.67, excluding sales tax, and authorize the City Manager to execute the Agreement. Mr. Martinez seconded. Motion carried by unanimous Roll Call vote. MISCELLANEOUS DISCUSSION: Mr. Zabell noted the volume of walk-in customers increased significantly after the severe winter weather subsided. Mr. Yenney would like to see the TNC/Taxi issue come back to Council for consideration. Council agreed to consider the issue at the next regular meeting. He also noted the remodeled Senior Center building on First Ave. is looking very nice with the new landscaping and walkway railings. ADJOURNMENT: There being no further business, the meeting was adjourned at 7:25 p.m. APPROVED: ATTEST: Matt Watkins, Mayor Sandy Kenworthy, Interim City Clerk PASSED and APPROVED this 3rd day of April, 2017 Page 3 of 3 Page 7 of 140 AGENDA REPORT FOR: City Council March 30, 2017 TO: Dave Zabell, City Manager Regular Meeting: 4/3/17 FROM: Richa Sigdel, Director Finance SUBJECT: Bills and Communications I. REFERENCE(S): 2017 Accounts Payable 04.03.17 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $2,062,655.99 ($1,118,086.96 in Check Nos. 215154-215420; $944,569.03 in Electronic Transfer Nos. 814483-814632; 814635- 814654; 814656-814933); $29,811.97 in Check Nos. 50271-50298; $618,160.04 in Electronic Transfer Nos. 30105294-30105779; $0.00 in Electronic Transfer No. n/a. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 8 of 140 April 3, 2017 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers 215154-215420 50271-50298 Total Check Amount $1,118,086.96 $29,811.97 Total Checks 1,147,898.93$ Electronic Transfer Numbers 814483-814632 30105294-30105779 N/A N/A 814635-814654 814656-814933 Total EFT Amount $944,569.03 $618,160.04 $0.00 $0.00 Total EFTs 1,562,729.07$ Grand Total 2,710,628.00$ Councilmember 545,258.76 34,780.53 0.00 0.00 172.17 10,000.00 0.00 2,036.79 39,123.58 1,063.08 2,244.42 17,871.30 5,753.26 2,189.92 0.00 185.95 0.00 0.00 11,758.64 0.00 0.00 37,746.77 15,624.52 0.00 43,537.19 429,132.38 30,218.40 982.01 0.00 0.00 377,998.05 3,717.17 1,099,233.11 GRAND TOTAL ALL FUNDS:2,710,628.00$ The City Council C I T Y O F P A S C O Council Meeting of: Accounts Payable Approved STREET OVERLAY 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 April, 2017 that the merchandise or services hereinafter specified have been received and are approved for payment: Councilmember SUMMARY OF CLAIMS BY FUND: GENERAL FUND STREET ARTERIAL STREET RIVERSHORE TRAIL & MARINA MAIN 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 EQUIPMENT RENTAL - OPERATING BUSINESS 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 - REPLACEMENT GOVERNMENTAL EQUIPMENT RENTAL - REPLACEMENT BUSINESS MEDICAL/DENTAL INSURANCE FLEX PAYROLL CLEARING Page 9 of 140 AGENDA REPORT FOR: City Council March 28, 2017 TO: Dave Zabell, City Manager Regular Meeting: 4/3/17 FROM: Rick Terway, Director Administrative & Community Services SUBJECT: Naming of a Public Building I. REFERENCE(S): Park Board Minutes, February 2, 2017 Proposed Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. __________, approving the name "First Ave. Center" for the remodeled modular building located at 505 N. 1st Ave., as recommended by the Park and Recreation Advisory Board. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: Development of the community center building on city-owned land at First Avenue and Sylvester Street as previously authorized by Council is complete. The project entailed relocation and extensive remodeling of a large modular building (previously housing Police activities), installation of utilities, parking lot, walkways and landscaping. The center is fully operational and housing the Meals on Wheels program, as well as some of the former Senior Center programs. The design of the facility also allows for classes for youth such as various art related classes; e.g. learn to paint, card making, holiday craft projects. Other class type setting include Spanish language, cooking, photography. Giving the center a generic name communicates a broader of the facility. Council Resolution 2499, entitled Policy for Naming City Parks and Recreation Facilities establishes a process by which parks or recreation facilities are named. Specifically, the Park and Recreation Advisory Board shall advise City Council of the ir recommendation, if Council concurs, it may authorize the Board to proceed or give Page 10 of 140 other direction it deems appropriate. V. DISCUSSION: The Park and Recreation Advisory Board considered names for the building and recommends for Council's consideration, the name "First Ave. Center." This name supports the naming policy by identifying the neighborhood served and general location of the facility. This items was discussed at the March 27th Workshop meeting. Staff recommends approval of the proposed Resolution. Page 11 of 140 Park & Recreation Advisory Board - Meeting Minutes Date: 2/2/2017 ATTENDANCE: X Rick Terway X Dan Dotta X Brent Kubalek X Molly Harker X Arthur Job X Edmon Daniels X Thomas Davenport Reade Obern X Saul Martinez X Roberto Garcia X Dave Milne Jason Ruud X Nolvia Salinas _ ___ I. Call to order Time: 5:35 pm II. Approval of Previous Meeting Minutes: Minutes Approving: January 5 Minutes Motion: Edmon Daniels Second: Thomas Davenport Approval Vote: Unanimous a. Election of Chairperson: Roberto Garcia was nominated by Arthur Job. Roberto accepted the nomination. Voting was unanimous in the affirmative. III. Staff Reports a. Recreation Highlights i. Mom’s & Son’s Night is will be held Friday, February 17 ii. We have an Intern, Ryan Burford, who is working on Mom’s & Son’s, a spring break Lacrosse Camp and is helping with the sports leagues. iii. Youth Basketball is going well, found coaches for all teams, and have about 80 more participants than 2016. iv. Starting to work on Summer Guide. v. Worked with Parks & Facilities to apply for an RCO Boating Facilities Grant vi. Are starting the hiring process for the pool vii. Are looking at rates for Aquatics and start dates. b. Senior Center Highlights i. Feedback from users at the new location has been positive. ii. Footcare going well. c. Park Maintenance Highlights i. Personnel Activity 1. Attended Monthly Safety Meetings 2. Staff attended various pesticide training opportunities 3. Completed Electronic learning modules ii. Park & Facility Projects 1. Snow removal 2. Built snow plow for snow removal 3. Installed new water softener for Post Office 4. Animal Control- new hot water heater, electrical repairs and roof leaks Page 12 of 140 Park & Recreation Advisory Board Meeting Minutes 02.02.17. 5. 1st Ave now open 6. Repaired trailer ramps 7. Move Records storage for PD iii. Cemetery 1. 6 Funerals: burials, 1 cremation 2. $21,445.00 in services for the month 3. Prepared for the Wall event iv. Special Events 1. Assisted with the Employee Appreciation Banquet IV. Other a. Vietnam Memorial Wall Replica i. Coming to City View Cemetery for Memorial Day ii. Arriving on May 24 – will have procession/parade from 9-11 Memorial in Kennewick to the Cemetery iii. Will have armed forces providing security throughout the time it is at the cemetery. iv. Will have a ceremony/event on Memorial Day b. Schlagel Park Grant i. Will replace ramp, renovate the parking lot and lights, and replace the restroom ii. Asking for nearly $500,000 in grant iii. Dan and Brent went to Olympia and presented on February 1. c. Naming of Modular Building i. Proposed Names: 1. 1st Avenue Center 2. 1st Avenue Leisure Center 3. 1st Avenue Social Center ii. Board Unanimously voted to adopt option 1; “1st Avenue Center” as the official name for the modular building located on 1st Ave where Meals on Wheels now serves their meals and where footcare and other senior services rec programs are being held. V. Council Member Suggestions & Report a. Nolvia Salinas – In getting the word out about the pool and Season Passes; suggested giving out flyers with value attached. i. Nolvia also gave a recap of the PFD Aquatic committee meeting that took place on Feb 1. b. Roberto Garcia – In getting the word out about the pool and Season Passes; suggested going through PTOs to get the word out. VI. Meeting Adjourned Time: 6:25pm a. Next Meeting: March 2 Page 13 of 140 RESOLUTION NO. _________ A RESOLUTION approving the name “First Ave. Center” for the remodeled modular building located at 505 N. 1st Ave. WHEREAS, the City Park and Recreation Advisory Board has recommended a name for the remodeled building located at 505 N. 1st Ave.; and WHEREAS, considering the best interests of the community, the Advisory Board has recommended the name “First Ave. Center” for the building; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the remodeled modular building located at 505 N. 1st Ave be named “First Ave. Center.” PASSED by the City Council of the City of Pasco this _____ day of ___________, 2017. _____________________________ Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Sandy Kenworthy Leland B. Kerr Interim City Clerk City Attorney Page 14 of 140 AGENDA REPORT FOR: City Council March 28, 2017 TO: Dave Zabell, City Manager Regular Meeting: 4/3/17 FROM: Stan Strebel, Deputy City Manager Executive SUBJECT: Taxicab and Transportation Network Company Licensing I. REFERENCE(S): Proposed Ordinance Alternate #2 Alternate #3 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. _____, repealing PMC Chapter 5.45 “For- Hire Vehicles”; Creating PMC Chapter 5.45A “Taxicab and Transportation Network Company Licensing”; and Amending PMC Section 3.07.050 “Business Licenses” to Establish License Fees and, further, authorize publication by summary only. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: Council discussed a proposed ordinance regulating Taxicab and Transportation Network Companies (TNCs) at two meetings in January and again on February 6 and 27. The proposed ordinance includes a provision for the Police Department, as part of the licensing requirement for individual drivers, to require fingerprints of first-time applicants in order to positively verify their identity. A motion to approve the proposed ordinance failed on a vote of 3-4 at the February 6 meeting. An amendment to the proposed ordinance which sought to remove the fingerprinting requirement for TNC drivers but keeping it in place for taxicab drivers was also defeated on a 3-4 vote at the February 6 meeting. The net effect thus far has been that there are no changes to current regulations on taxicab companies (fingerprints required) but no framework regulating or allowing the Page 15 of 140 operation of TNCs. V. DISCUSSION: Per Council's direction at their March 20th meeting, this item has been placed on the agenda for further consideration. As fingerprinting remains the primary issue, staff offers three alternative ordinances for Council to consider: 1. Recommended action - Adopt the proposed ordinance which maintains the fingerprint requirement for taxi drivers and establishes the same standard for TNC drivers, or 2. Delete the fingerprint requirement for all drivers (see attached Alternate #2) and pass the ordinance as amended; or 3. Delete the fingerprint requirement for TNC drivers (see attached Alternate #3) and pass the ordinance as amended; or For the reasons and rationale previously stated, staff recommends the fingerprinting be required of taxi and TNC drivers. Page 16 of 140 Ordinance Repealing Chapter 5.45 and Creating Chapter 5.45A Page 1 ORDINANCE NO.__________ AN ORDINANCE of the City of Pasco, Washington Repealing PMC Chapter 5.45 “For-Hire Vehicles”; Creating PMC Chapter 5.45A “Taxicab and Transportation Network Company Licensing”; and Amending PMC Section 3.07.050 “Business Licenses” to Establish License Fees. WHEREAS, new technology-based companies, known as Transportation Network Companies (TNCs) offer a new model of commercial transportation services using online- enabled digital platforms to connect passengers with drivers using personal vehicles; and WHEREAS, such TNCs are subject to separate state regulations as “commercial transportation services providers” pursuant to RCW 48.177.005 from taxicabs pursuant to Chapter 81.72 RCW requiring an update, and their inclusion in the City’s “for-hire vehicles” Chapter; and WHEREAS, to provide the opportunity of additional transportation alternatives for its citizens and consistent to regulations for all for-hire vehicle providers and drivers. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Chapter 5.45 entitled “For-Hire Vehicles” of the Pasco Municipal Code shall be and hereby is repealed in its entirety. Section 2. That a new Chapter 5.45A entitled “Taxicab and Transportation Network Company Licensing” of the Pasco Municipal Code shall be and hereby is created and shall read as follows: Chapter 5.45A TAXICAB AND TRANSPORTATION NETWORK COMPANY LICENSING Sections: 5.45A.010 Purpose. 5.45A.020 Definitions. 5.45A.030 For-Hire (Taxicab/TNC) Business License Required. 5.45A.040 For-Hire (Taxicab/TNC) Business License. 5.45A.050 For-Hire Driver Business License Required. 5.45A.060 For-Hire Driver Requirements. 5.45A.070 Vehicle Requirements. 5.45A.080 Insurance Requirements. 5.45A.090 Operational Requirements. Page 17 of 140 Ordinance Repealing Chapter 5.45 and Creating Chapter 5.45A Page 2 5.45A.100 For-Hire (Taxicab/TNC) Business license Additional Requirements. 5.45A.110 Taxi Fares. 5.45A.120 Audit. 5.45A.130 Revocation, Suspension and Penalties. 5.45A.140 Depot License Agreement – When Required. 5.45A.150 Enforcement. 5.45A.010 PURPOSE. The purpose of this Chapter is to provide for and promote the safety and welfare of the general public by regulating transportation by for -hire vehicles, including taxicab companies and drivers and transportation network companies and drivers within the City. The provisions of this chapter shall apply to all for -hire vehicles operating or doing business within the City of Pasco whether or not the operator’s business license is located within the City of Pasco. This Chapter does not create or designate any particular class of persons who will or will not be specially protected by its terms. Nothing contained in this Chapter is intended nor shall be construed to create any liability on the part of the Cit y or its employees for any injury or damage resulting from the failure of the licensee to comply with the provisions of this Chapter, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this Chapter on the part of the City or its employees. 5.45A.020 DEFINITIONS. As used in this Chapter: A) “City” means the City of Pasco, Washington. B) “Driver” or “Operator” means any person driving or operating a for-hire vehicle. C) “For-Hire Vehicle” means any motor vehicle used for the transportation of passengers for compensation, including taxicabs and transportation network company vehicles. The following motor vehicles are excluded from the definition of for-hire vehicles: 1) School buses operating exclusively under a contract to a school district; 2) Ride-sharing vehicles under Chapter 46.74 RCW; 3) Limousine carriers licensed under Chapter 46.72A RCW; 4) Vehicles used by nonprofit transportation providers solely for elderly or handicapped persons and their attendants under Chapter 81.66 RCW; 5) Vehicles used by auto transportation companies licensed under Chapter 81.68 RCW; 6) Vehicles used to provide courtesy transportation at no charge to and from business locations including, but not limited to, hotels, rental offices, parking lots, auto repair or sales facilities, or healthcare providers. Page 18 of 140 Ordinance Repealing Chapter 5.45 and Creating Chapter 5.45A Page 3 7) Vehicles licensed under, and used to provide “charter party carrier” and “excursion service carrier” services as defined in, and required by, Chapter 81.70 RCW; and 8) Vehicles used to provide ambulance services pursuant to PMC 5.05. D “For-Hire (Taxicab/TNC) Business License” means the business license issued by the City of Pasco to conduct a For-Hire Vehicle business with the City limits of Pasco. E) “For-Hire Driver Business License” means the license to drive or operate a for- hire vehicle as approved and issued by the City of Pasco. F) “Independent Contractor” means a person who contracts to do a piece of work according to his own methods and subject to the employer’s control only as to the end product of his or her work. An independent contractor performs work but is not considered an “employee.” G) “Licensing Officer” means the City Clerk of the City of Pasco, or designee. H) “Operate”, “Operated”, or “Operating” means using a taxicab or transportation network company vehicle to, at any time, transport any passenger or item of property for compensation within the corporate limits of the City. I) “Taxicab” means a motorized vehicle that is held out to the public as providing transportation to passengers or articles: 1) Where the route traveled, destination, or both route and destination is controlled by the customer; 2) Where the fare is based on an amount recorded and indicated on a taxi meter or an Internet online-enabled platform or application; 3) Where the driver may solicit or accept street hails and payment may be made prior to, during or upon completion of the transport. J) “Taxicab Company” means any entity operating one or more taxicabs other than as a driver, regardless of the legal form of the entity and regardless of whether the taxicabs so operated are owned by the company, or leased, or owned by individual members of the entity or independent contractors. K) “Taxicab Driver” means a person engaging in any combination of owning, leasing, advertising, driving, occupying or otherwise using a taxicab to at any time to transport any passenger or item of property for compensation within the City. Page 19 of 140 Ordinance Repealing Chapter 5.45 and Creating Chapter 5.45A Page 4 L) “Transportation Network Company” which may be abbreviated herein to “TNC”, means a company that exclusively uses an Internet online-enabled website, system, or application to connect passengers with TNC drivers who provide prearranged rides within the City. M) “Transportation Network Company Driver” or “TNC Driver” means a driver who is an independent contractor of a TNC and receives connections to potential passengers and related services from a TNC in exchange for payment of a fee to the TNC; and uses a TNC vehicle to offer or provide prearranged rides through a TNC’s digital network to passengers in return for compensation. N) “Transportation Network Company Vehicle” means a vehicle that is owned, leased or otherwise authorized for use by a TNC driver and is used by the TNC driver to provide prearranged rides through a TNC’s digital network. 5.45A.030 FOR-HIRE (TAXICAB/TNC) BUSINESS LICENSE REQUIRED. No person or entity shall operate a for-hire business or permit the operation of for-hire vehicles within the City without a current and valid City for-hire (Taxicab/TNC) business license. 5.45A.040 FOR-HIRE (TAXICAB/TNC) BUSINESS LICENSE. A) The Licensing Officer may issue or renew a for-hire business license to a taxicab company or a TNC provided that: 1) The taxicab company or TNC submits a complete for-hire (Taxicab/TNC) business license application together with an affidavit sworn under penalty of perjury, on a form provided by the Licensing Officer, that the taxicab company or TNC is in compliance with the driver requirements, vehicle requirements, insurance requirements, and operational requirements of this Chapter. An application review fee, as designated in PMC 3.07.050, shall be paid in full at the time of submitting any initial and renewal license application. 2) The taxicab company or TNC provides proof of insurance coverage for the limits required in this Chapter for all employed or affiliated drivers. The Application and Affidavit form will be made available by the Licensing Officer at Pasco City Hall or on the City’s website. B) The licenses issued or renewed under this Chapter are effective upon approval and terminate on December 31 of the year of issuance or renewal, unless the license has been (re)submitted for renewal on or before the expiration date. C) The business license fee shall be based upon the number of employed or affiliated drivers operating for-hire vehicles for the taxicab company or TNC applying for the license, as designated in PMC 3.07.050. Page 20 of 140 Ordinance Repealing Chapter 5.45 and Creating Chapter 5.45A Page 5 D) No for-hire (Taxicab/TNC) business license shall be issued or valid until the affidavit and proof of insurance required in this section has been reviewed and approved; and the fee prescribed in this section has been paid. 5.45A.050 FOR-HIRE DRIVER BUSINESS LICENSE REQUIRED. No person shall operate a for-hire vehicle within the City unless that person is a driver for a currently licensed for-hire business as provided in Section 5.45A.040 above; and has a current and valid City for-hire driver business license. The Licensing Officer may issue this license upon receipt of a completed application; verification of affiliation with a City licensed For-Hire Taxicab/TNC; fingerprint card prepared by the Pasco Police department (not required for license renewals), and payment of the fees as required by PMC 3.07.050. 5.45A.060 FOR-HIRE DRIVER REQUIREMENTS. No person shall be permitted to operate a for-hire vehicle for a taxicab company, or a TNC company under PMC 5.45A.040 unless the person: A) Is at least twenty-one (21) years of age, possesses a driver’s license valid in the State of Washington, and has not been convicted of a felony unless such rights have been restored under Chapters 9.96A or 9.97 RCW; and B) Complies with all State laws and regulations relating to for-hire vehicles and provides evidence of such compliance including, but not limited to the following: 1) Proof of age – 21 years or older. 2) A driver’s license valid in the State of Washington. 3) Proof of UBI (independent contractor). 4) Proof of insurance (liability and property insurance). C) Taxicab company for-hire drivers shall, in addition to the requirements of section B) above, submit the following: 1) Proof of successfully completing a training course provided by the National Safety Council; or school licensed by the Workforce Training and Education Coordinating Board; 2) Proof of successfully having passed a written examination provided by the National Safety Council; or school licensed by the Workforce Training and Education Coordinating Board; 3) Current photograph at the time of each application and/or renewal; 4) Current abstract of driving record; Page 21 of 140 Ordinance Repealing Chapter 5.45 and Creating Chapter 5.45A Page 6 5) Health Department annual Tuberculosis test; and 6) Upon approval of the application, the Police Department shall cause to be issued a card bearing the name and description, including an annual updated photograph of the driver, which card shall be carried on the driver’s person at all times when operating a for-hire vehicle within the City. D) A taxicab company, TNC, or its agent, shall maintain accurate and up -to-date records for all of its employed or affiliated for-hire drivers operating within the City of Pasco. Said record shall include that information required by subsections B) and C), above as applicable, subsection G) below, and such other information as may be required by this Chapter. E) Prior to permitting a person to operate as a taxicab driver or as a TNC driver, and biennially thereafter, the taxicab company or TNC shall conduct, or have a third party conduct and review a criminal background check report for such person. The criminal background check shall include a search of no less than seven years of database history, unless prohibited by law, in which case the duration of the search shall be the maximum number of years permitted by law. The criminal background check shall include local, state, and national criminal history databases and publicly accessible national sex offender registries. Any person who is on a sex offender registry or who has been convicted, within the past seven years, of crimes involving driving under the influence of alcohol or controlled substances, felony fraud, sexual offenses, acts of violence, acts of terror, or use of a motor vehicle to commit a felony, shall not be permitted to act as a taxicab or TNC driver. The taxicab company or TNC, or its agent, shall maintain records of such criminal background checks for a period of two (2) years. For purposes of this section, the term “conviction” includes convictions, bail forfeitures, and other final adverse findings. The criminal background checks required by this section may be provided either by the Pasco Police Department for a fee as designated in Chapter 3.07.050, or a service provider approved by the Pasco Police Department, as determined by the applicant. F) A TNC or taxicab company shall revoke a TNC or taxicab driver’s authority to operate as a driver for their company if it finds that the standards set forth in this section are no longer being met by such person. The TNC or taxicab company shall only reinstate his or her authority upon a finding by the taxicab company or TNC that all standards are again being met by such person. G) Each for-hire driver shall provide to the for-hire business by which it is employed or with which it is affiliated, current and accurate documentation containing the name, height, weight, color of hair and eyes, residence address, place and date of birth, social security number, criminal history, driver’s license, motor vehicle registration, current photograph of the driver, and automobile insurance. 5.45A.070 VEHICLE REQUIREMENTS. Each taxicab or TNC vehicle shall pass an inspection prior to commencing services in the City of Pasco, and annually thereafter, by a mechanic approved by the National Institute for Automotive Service Excellence. Taxicab companies and TNCs shall keep records of all such inspections for at least three (3) years. Such an inspection shall, at a minimum, include inspection of the following components: Page 22 of 140 Ordinance Repealing Chapter 5.45 and Creating Chapter 5.45A Page 7 A) Foot brakes; B) Parking brakes; C) Steering mechanism; D) Windshield; E) Rear window and other glass; F) Windshield wipers; G) Headlights; H) Taillights; I) Turn indicator lights; J) Stop lights; K) Front seat adjustment mechanism; L) Doors (open, close, lock); M) Horn; N) Speedometer; O) Bumpers; P) Muffler and exhaust system; Q) Condition of tires, including tread depth; R) Interior and exterior rear view mirrors; and S) Safety belts for driver and all passengers. 5.45A.080 INSURANCE REQUIREMENTS. A) The owner or operator of every taxicab is to procure liability and property damage insurance covering passengers as well as other persons, from a company licensed to write bodily injury liability and property damage liability insurance in the State, on each taxicab used or to be used in transporting persons for compensation in an amount not less than $100,000.00 for an y recovery for personal injury by one person, and not less than $300,000.00 for all persons receiving personal injury, by reason of one act of negligence, and, not less than $50,000.00 for Page 23 of 140 Ordinance Repealing Chapter 5.45 and Creating Chapter 5.45A Page 8 damage to property of any person other than the insured, and maintain such liability and property damage insurance in force on each motor-propelled vehicle while so used under such licensee. A $500,000.00 combined single limit policy may be submitted. B) TNCs and all affiliated drivers shall comply with the automobile liability insurance requirements contained in RCW Chapter 48.177 as enacted or subsequently amended as a commercial transportation service provider. C) A certificate for each policy for liability or property damage insurance required herein shall be filed with the Licensing Officer and kept in full force and effect, and failure to do so shall be cause for the revocation of the license. 5.45A.090 OPERATIONAL REQUIREMENTS. A) Records. TNCs and taxicab companies shall keep a record of all trips made by all drivers for at least one (1) year from the date each trip was provided; and individual records of each taxicab driver or TNC driver at least until one (1) year after the date on which the driver’s relationship with the taxicab company or TNC has ended. The City may require the taxicab company or TNC to produce records directly related to an active investigation of a specific allegation against a for-hire driver or a violation of this chapter. B) Driver Information. 1) Taxicab drivers shall have a document containing their name, photograph, driver’s license number, and company worked for clearly posted in any vehicle operated by the driver. 2) The TNC’s software application or website which shall display the first name and photograph of the TNC driver, and a description or picture of the vehicle. C) Marking of Vehicles. All taxicabs shall be clearly marked as such and shall include the taxicab company name, phone number, and a vehicle identification number in plain sight. The company name and vehicle identification number shall use letters and numbers a minimum of four (4) inches in height with width proportional. The taxicab company phone number shall use numerals a minimum of two and one half (2 ½) inches in height wi th the width proportional. Vehicles operated solely by TNC Drivers shall display in a manner observable from the outside of the vehicle, a logo or indicia of the TNC. The TNC’s software application or website shall display for the passenger the make, model, and license plate number of the TNC vehicle. D) Method of Soliciting Rides. Only taxicab drivers are permitted to solicit or accept street hails. TNC drivers shall accept only rides prearranged through a TNC’s digital network and shall not solicit or accept street hails. E) Receipts. Whenever demanded by the passenger, the driver of a taxicab or TNC vehicle shall deliver to the person paying for the hiring of said vehicle, at the time of such Page 24 of 140 Ordinance Repealing Chapter 5.45 and Creating Chapter 5.45A Page 9 payment, a payment receipt either in hard copy or electronically in legible printing or writing. This receipt shall contain the name of the taxicab company or TNC and its contact information, the name of the driver, any and all items for which a charge is made, the total amount paid, and the date of payment. F) Zero Tolerance. TNCs and taxicab companies shall implement a zero tolerance policy on the use of drugs or alcohol applicable to any taxicab drivers employed or affiliated with the company and any TNC drivers authorized on a TNC’s digital network. Taxicab companies and TNCs shall provide notice of the zero tolerance policy on their websites, if they have one, as well as the procedures to report a complaint from a passenger about a driver from whom the passenger received for-hire transportation and whom the passenger reasonably suspects was under the influence of drugs or alcohol during the course of the ride. If a taxicab company or TNC does not have a website, they must clearly post the zero tolerance policy and procedures to report a complaint in all taxicabs or TNC vehicles owned or operated by the company or its drivers. Taxicab companies and TNCs shall immediately suspend a driver upon receipt of a passenger complaint alleging a violation of the zero tolerance policy and shall conduct an investigation into the reported incident. The suspension shall last the duration of the investigation. G) No driver shall place additional passengers in a for-hire vehicle without first securing the consent of the person or persons by whom it was first engaged. No vehicle shall carry more passengers than specified in its Manufacturer’s Specifications and available working seatbelts. H) Nothing in this Chapter shall prohibit a taxicab company from using an internet online enabled platform or application to connect passengers with drivers as long as all other requirements for taxicab companies, vehicles, and drivers are met. 5.45A.100 FOR-HIRE (TAXICAB/TNC) BUSINESS LICENSE ADDITIONAL REQUIREMENTS. A) Taxicab companies and TNCs shall maintain a registered agent for service of process in the State of Washington. The name, telephone number, and physical address of the registered agent shall be submitted to the City of Pasco at the time of license application. The taxicab company or TNC shall notify the City of Pasco in writing of any changes to its registered agent during the term of the license. B) For-hire (Taxicab/TNC) business license may not be transferred without the City’s prior written consent. An unauthorized transfer shall result in immediate termination of the license. 5.45A.110 FOR-HIRE FARES. A) Rates. Taxicab drivers shall prominently post rates in each vehicle and charge accordingly. Drivers who solely operate as TNC Drivers are exempt from this requirement. The TNC’s software application or website shall disclose to the passenger the fare or the fare Page 25 of 140 Ordinance Repealing Chapter 5.45 and Creating Chapter 5.45A Page 10 calculation method before the beginning of the prearranged ride and, if the fare is not disclosed to the rider before the beginning of the prearranged ride, provide the option to receive an estimated fare before the passenger enters the TNC vehicle. A taxicab operator or driver shall charge no more than the scheduled fare. A TNC driver shall charge no more than the disclosed fare, or the fare determined using the disclosed calculation method, unless the passenger requests changes to the prearranged destination or route. B) If the fares are metered, the meters shall be annually calibrated by the meter manufacturer’s authorized representative and a copy provided to the City upon license renewal. C) It shall be unlawful for any person to refuse to pay the fare for services rendered under the terms of this Chapter. 5.45A. 120 AUDIT. No more than twice per license year, the City may audit the taxicab company or TNC’s records to review compliance with this Chapter. Each audit shall be limited to records relating to 20 percent (20%) of randomly selected taxicab or TNC drivers, up to a maximum of 20 drivers, who have operated within the last 30 days in the City. The aud it shall occur at the City of Pasco Clerk’s Office, 525 North 3rd, Pasco, Washington; provided that the City may in its discretion agree to an alternative location. In the event the audit reveals discrepancies in the records reviewed, the City reserves the right to audit all of the taxicab company’s or TNC’s records relating to its affiliated drivers operating within the City, as it is specifically related to discrepancy. Notwithstanding the foregoing, the City may require the taxicab company or TNC to produce records directly related to an active investigation of a specific allegation of a violation of this Chapter. Any taxicab or TNC records reviewed by the City under this Chapter may be designated “confidential” and are not subject to disclosure to a third party by the City without the prior written consent of the taxicab company or TNC. 5.45A.130 REVOCATION, SUSPENSION AND PENALTIES. A) The Licensing Officer, or on appeal, the Hearing Examiner, may suspend, revoke or refuse to issue a license if the licensee or applicant has violated any of the provisions of this Title. A violation includes any and all failures to meet or maintain any of the requirements or qualifications set forth in this Chapter for obtaining a license and the making of a materially false statement in the affidavit required under this Chapter. The decision to suspend, revoke or refuse to issue a license may be appealed to the Hearing Examiner pursuant to PMC 2.19. B) Upon a violation of this Chapter, a penalty assessment of $250.00 per violation, up to a maximum of $10,000.00, may be assessed against the for -hire business, the for-hire driver, or both. The failure of the licensee to pay an assessment automatically suspends the license until such time as the assessment is paid. The Licensing Officer, or designee, is hereby authorized to use any lawful means to collect penalties assessed under this Chapter, including the use of a collection agency. Suspensions, revocations, and penalties are suspended during the course of the appeal hearing and review unless the Licensing Officer finds by clear and convincing evidence that the licensee or applicant’s claim is meritless. Page 26 of 140 Ordinance Repealing Chapter 5.45 and Creating Chapter 5.45A Page 11 5.45A.140 DEPOT LICENSE AGREEMENT – WHEN REQUIRED. Any for-hire business desiring to provide service at the Pasco Transportation Depot, located at 535 North First Avenue, Pasco, Washington (the Depot), shall first enter into a written Depot License Agreement with the City. The Depot License Agreement shall grant the Operator priority use of a City- designated passenger pickup and drop off location on the Depot grounds. The Depot License Agreement shall authorize the City to charge fees for and to regulate Depot use. Depot License Agreements shall be nonexclusive. The City may deny issuance of a Depot license agreement in its sole discretion. No operator shall provide for-hire vehicle service from the Depot grounds except as provided herein. 5.45A. 150 ENFORCEMENT. The Licensing Officer shall have the administrative authority to implement and enforce this Ordinance, and may adopt rules and regulations for its administration, not inconsistent with this Chapter. This provision shall not be construed to abrogate or limit the jurisdiction of the Pasco Police Department to enforce any provisions of this Chapter or of any other City Ordinance relating to motor vehicles or the operation of taxicabs or TNC vehicles. Section 3. That Section 3.07.050 entitled “Business Licenses” Subsection CC regarding For-Hire Business License Fees of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 3.07.050 BUSINESS LICENSES: Fee/Charge Reference CC) Taxicab and Transportation Network Company Licensing 1) Annual For-Hire Vehicle (Taxicab/TNC) Business License Application Review $50.00 5.45A.0540 and Business License Fee in the amount as follows :(maximum of $500.00) – per vehicle $300.00 for companies employing or contracting with ten (10) or fewer drivers. $700.00 for companies employing or contracting with 11 to 40 drivers. $2,000.00 for companies employing or contracting with 41 or more drivers. Page 27 of 140 Ordinance Repealing Chapter 5.45 and Creating Chapter 5.45A Page 12 1) Driver's Permit Fee $50.00 5.45.090 2) Operator’s License- $5.00 5.45A. Vehicle Transfer 23) Annual For-Hire Driver Business $40.00 5.45A.050 License 34) Photograph (as applicable) $5.00 5.45A.060 45) Fingerprints (as applicable) $105.00 5.45A.060 56) Criminal History Check $30.00 5.45A.060 (as applicable) 67) WSP/FBI Criminal History Check $34.75 5.45A.060 (Ord. 4154, 2014; Ord. 4100, 2013; Ord. 4074, 2012; Ord. 3857, 2008; Ord. 3766, 2006; Ord. 3764, 2006; Ord. 3759, 2006; Ord. 3543, 2002.) Section 4. This Ordinance shall take full force and effect five days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this ____ day of _________________, 2017. _____________________________ Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: ______________________________ ____________________________________ Sandy Kenworthy, Interim City Clerk Leland B. Kerr, City Attorney Page 28 of 140 ALTERNATE #2 5.45A.050 FOR-HIRE DRIVER BUSINESS LICENSE REQUIRED. No person shall operate a for-hire vehicle within the City unless that person is a driver for a currently licensed for-hire business as provided in Section 5.45A.040 above; and has a current and valid City for-hire driver business license. The Licensing Officer may issue this license upon receipt of a completed application; verification of affiliation with a City licensed For-Hire Taxicab/TNC; fingerprint card prepared by the Pasco Police department (not required for license renewals), and payment of the fees as required by PMC 3.07.050. Page 29 of 140 ALTERNATE #3 5.45A.050 FOR-HIRE DRIVER BUSINESS LICENSE REQUIRED. No person shall operate a for-hire vehicle within the City unless that person is a driver for a currently licensed for-hire business as provided in Section 5.45A.040 above; and has a current and valid City for-hire driver business license. The Licensing Officer may issue this license upon receipt of a completed application; verification of affiliation with a City licensed For-Hire Taxicab/TNC; fingerprint card prepared by the Pasco Police department (not required for TNC drivers or license renewals), and payment of the fees as required by PMC 3.07.050. Page 30 of 140 AGENDA REPORT FOR: City Council March 29, 2017 TO: Dave Zabell, City Manager Rick Terway, Public Works Director Regular Meeting: 4/3/17 FROM: Dan Ford, City Engineer Public Works SUBJECT: Comprehensive Stormwater Management Plan I. REFERENCE(S): Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. ____________, adopting the 2016 Comprehensive Stormwater Management Plan. III. FISCAL IMPACT: No Impact IV. HISTORY AND FACTS BRIEF: Pasco is a Phase II Eastern Washington Municipal Stormwater Permittee with the Washington State Department of Ecology (DOE). Pasco’s current National Pollutant Discharge Elimination System (NPDES) Stormwater Permit runs from August 1, 2014 through July 31, 2019. Per the requirements set forth in Section S5. Stormwater Management Program for Cities, Towns and Counties of the Permit, Pasco is required to develop and adopt both a Stormwater Management Program (SWMP) and a Stormwater Management Program Plan (Plan) that details all aspects of the City’s SWMP. The Plan was included in the 2016-2021 Capital Improvements Plan and funding for the Plan was included in the Capital Projects Budget for the year 2016. Following a consultant selection process, Council awarded the Professional Services Agreement (PSA) to Herrera Environmental Consultants Inc. at the February 1, 2016 Regular Meeting. Herrera completed the Plan and staff has reviewed the findings, conclusions and recommendations. Page 31 of 140 V. DISCUSSION: Key components documented in the completed Plan include: Public Education and Outreach; Public Involvement and Participation; Illicit Discharge Detection and Elimination; Construction Site Stormwater Runoff Control; Post-Construction Stormwater Management for New Development and Redevelopment; and Municipal Operations and Maintenance. Additionally, the Plan evaluates the effect of the City’s current stormwater utility structure, land use regulations and policies, and existing infrastructure maintenance with regard to risk management, environmental stewardship, and regulatory compliance. The Plan sets near and long term planning goals and prioritizes a list of needed capital improvement projects to correct existing deficiencies within the system and to construct future stormwater mitigation infrastructure. Finally, the Plan examines the City’s effort to retrofit existing stormwater infrastructure currently discharging directly to the Columbia River, with the ultimate goal of eliminating all surface water discharges. This item was discussed at the March 27, 2017, Council Workshop Meeting. Joy Michaud, a Principal with Herrera Environmental Consultants, shared the major conclusions and implications of 2016 Stormwater Comprehensive Plan as part of the presentation to Council on that date. Staff recommends adoption of the 2016 Comprehensive Stormwater Management Plan. Page 32 of 140 RESOLUTION NO. _______ A RESOLUTION adopting the 2016 Comprehensive Stormwater Management Plan prepared by Herrera Environmental Consultants, Inc. WHEREAS, the City of Pasco presently owns and operates a Municipal Separate Storm Sewer System (MS4) utility that provides stormwater mitigation measures for the publicly owned rights-of-way; and WHEREAS, stormwater discharges to surface waters are strictly regulated by the Washington State Department of Ecology (DOE) National Pollutant Discharge Elimination System (NPDES - a section of the Federal Clean Water Act) program; and WHEREAS, the City of Pasco is a Phase II Eastern Washington Municipal Stormwater Permittee, subject to the rules and regulations of the Washington State DOE NPDES program; and WHEREAS, the City of Pasco recognizes the need to safeguard and preserve Washington’s waters for clean drinking water, and the protection of fish, shellfish, wildlife, and public health; and WHEREAS, the City of Pasco’s consultant, Herrera Environmental Consultants, Inc., has studied the City’s MS4 and has developed a management plan designed to ensure regulatory compliance with the City’s Phase II Eastern Washington Municipal Stormwater Permit; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. That the City Council hereby adopts the 2016 Comprehensive Stormwater Management Plan prepared by Herrera Environmental Consultants, Inc., attached hereto as Exhibit A, to be used as a guide by staff and Council in making various decisions about the City’s Stormwater Management Program. PASSED by the City Council of the City of Pasco at its regular meeting this 3rd day of April, 2017. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra Clark, City Clerk Leland B. Kerr, City Attorney Page 33 of 140 AGENDA REPORT FOR: City Council March 28, 2017 TO: Dave Zabell, City Manager Rick White, Director, Community & Economic Development Regular Meeting: 4/3/17 FROM: Dave McDonald, City Planner Community & Economic Development SUBJECT: Preliminary Plat: Volterra Estates (MF# PP 2017-001) I. REFERENCE(S): Overview Map Vicinity Map Proposed Resolution Preliminary Plat Report to the Planning Commission Planning Commission Minutes: Dated 2/16/17 & 3/16/17 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No.________, approving the Preliminary Plat for Volterra Estates. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On February 16, 2017 the Planning Commission conducted a public hearing to develop a recommendation for the City Council on the preliminary plat for Volterra Estates. The hearing was then continued until March 16, 2017. The proposed plat is located at the southwest corner of Wernett Road and Road 72. Following the continued hearing, the Planning Commission determined that with conditions, the preliminary plat could be recommended for approval. The recommended conditions are contained in the attached resolution. Page 34 of 140 The City received a written appeal from three neighbors but the appeal did not include the fee ($700) necessary to process the appeal. After consultation with the City Attorney it was determined the appeal was not valid due to the lack of a fee. The spokesperson (Roger Lenk) for the group was informed that the $700 fee needed to be paid by 5:00 pm on March 27, 2017. No fee was submitted therefore the appeal is not valid. Absent a valid appeal the proposed preliminary plat is now ready for Council approval. V. DISCUSSION: This site contains approximately eighteen acres that will be divided into 30 lots. The lots will range in size from 21,781 square feet to over 21,950 square feet with an average lot size of 21,824 square feet. The plat will border the north parking lot of the Faith Assembly Church. Page 35 of 140 It e m : V o l t e r r a E s t a t e s P r e l i m i n a r y P l a t Ap p l i c a n t : P & R C o n s t r u c t i o n Fi l e # : P P 2 0 1 7 - 0 0 1 Ov e r v i e w Ma p SI T E Page 36 of 140 It e m : V o l t e r r a E s t a t e s P r e l i m i n a r y P l a t Ap p l i c a n t : P & R C o n s t r u c t i o n Fi l e # : P P 2 0 1 7 - 0 0 1 SI T E Vi c i n i t y Ma p Page 37 of 140 1 RESOLUTION NO.______ A RESOLUTION APPROVING A PRELIMINARY PLAT FOR VOLTERRA ESTATES. WHEREAS, RCW 58.17 enables the City to uniformly administer the process of subdividing property for the overall welfare of the community; and, WHEREAS, owners and developers of property situated in the southeast quarter Section 21, Township 9 North, Range 29 East, W.M., have requested approval of a preliminary plat; and, WHEREAS, the Planning Commission held a public hearing on the proposed Volterra Estates and developed findings related thereto and said findings are hereby adopted by the City Council; and, WHEREAS, following a public hearing, the Planning Commission found the proposed plat promoted the general welfare of the community and recommended said preliminary plat be approved with conditions; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That the preliminary plat for Volterra Estates located in the southeast quarter Section 21, Township 9 North, Range 29, East W.M., is hereby approved with the following conditions: 1. No utility vaults, pedestals, or other obstructions will be allowed at street intersections. 2. All corner lots and other lots that present difficulties for the placement of yard fencing shall be identified in the notes on the face of the final plat(s). 3. The interior street through the plat connecting Road 72 to Wernett Road shall be a continuous through street with no cul de sacs. 4. The final plat(s) shall contain a 10-foot utility easement parallel to all streets unless otherwise required by the Franklin County PUD. 5. The final plat(s) shall contain the following Franklin County Public Utility District statement: “The individual or company making improvements on a lot or lots of this Plat is responsible for providing and installing all trench, conduit, primary vaults, secondary junction boxes, and backfill for the PUD’s primary and secondary distribution system in accordance with PUD specifications; said individual or company will make full advance payment of line extension fees and will provide all necessary utility easements prior to PUD construction and/or connection of any electrical service to or within the plat”. The following Benton Franklin Health District Note Shall be placed on the face of the Final Plat “This plat appears to have suitable conditions for the use of on-site sewage disposal systems. However, because of the nature of the testing methods used, we have no way of determining whether each lot can comply with Benton-Franklin District Board of Health Rules and Regulations at the time of permit issuance. Further be advised Benton Franklin Health District approval of any lot within this plat for the use of on-site sewage disposal systems may be contingent upon that lot passing additional soil inspections/percolation Page 38 of 140 2 tests, and/or other requirements at a later date. On-site sewage disposal systems installed within this plat may require systems meeting a minimum of Treatment Level C in accordance with Benton Franklin District Board of Health Rules and Regulations No. 2. Contact BFHD for more information.” 6. All lots with the plat must meet lot size requirements set forth by the Benton Franklin Health District Board of Health Rules and Regulations # 2. 7. All 100’ sanitary control zones shall be shown on the final plat for surrounding wells. 8. Driveway access to Lot 1 shall be located on Wernett Road at the westerly edge of the Lot or as otherwise determined by Franklin County. Passed by the City Council of the City of Pasco this 3rd day of April, 2017. __________________________ Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: _______________________________ _____________________________ Sandy Kenworthy, Interim City Clerk Leland B. Kerr, City Attorney Page 39 of 140 W 2521,788 SF 1 8 2 1 , 7 8 8 S F 1 9 2 1 , 7 8 8 S F 2 0 2 1 , 7 8 8 S F 2 1 2 1 , 7 8 8 S F 2 2 2 1 , 7 8 8 S F 2 3 2 1 , 7 8 8 S F 2 4 2 1 , 7 8 8 S F 2621,788 SF 190.7' 170.4' L = 3 1.7' 9 5 . 9 ' 1 1 4 . 3 ' 1 1 4 . 3 ' 1 1 4 . 3 ' 1 1 4 . 3 ' 1 1 4 . 3 ' 1 1 4 . 3 ' 114.3'105.5'L=8.8'191.1'114.2'114.3' 1 1 4 . 3 ' 1 1 4 . 3 ' 1 1 4 . 3 ' 1 1 4 . 3 ' 1 1 4 . 3 ' 1 1 4 . 3 ' 190.7' 190.7' 190.7' 190.7' 190.7' 190.7'190.7'2721,959 SF2821,893 SF2921,792 SF3021,781 SF L=68.1'L=24.1'L=5.2'191.1'162.7'185.3' 1 1 3 . 2 ' 103.9'117.5'167.3'L=37.5'0.6'L=15.0'L=24.5'L =7 3 .5'185.2'165.0'130.4'165.0'133.6'921,858 SF L=71.5'134.8'110.3'11.6'96.3'24.6' 8 3 . 3 ' 3 7 . 4 ' 7 6 . 9 ' 3 7 . 9 ' 1 7 2 1 , 8 5 8 S F 1 6 2 1 , 8 5 8 S F 1 5 2 1 , 8 8 2 S F 1 4 2 1 , 8 3 4 S F 1 3 2 1 , 8 5 8 S F 1 2 2 1 , 8 6 8 S F 1 1 2 1 , 8 4 8 S F 1021,858 SF 175.3' 1 0 6 . 9 ' 6 4 . 0 ' 5 4 . 6 ' 6 3 . 4 ' 6 1 . 4 ' 4 3 . 3 ' 8 1 . 4 ' 2 3 . 3 ' 1 0 3 . 3 ' 155.6' L = 3 1 . 1 ' 1 0 4 . 1 ' 1 2 4 . 7 ' 1 2 4 . 9 ' 175.3' 175.3' 204.6' 204.5' 181.0' 180.9'180.7' 175.3' 175.3' 175.3' 204.6' 204.5' 181.0' 180.9'180.7' 1 2 1 , 8 1 9 S F 5 2 1 , 8 0 5 S F 178.7' 1 0 6 . 2 ' 1 0 4 . 7 ' 1 0 4 . 7 ' 8 6 . 5 ' L = 3 1.8'188.3' 182.5'821,805 SF 721,805 SF 6 21, 8 0 5 S F 202.0'L=31.0'86.8'107.9'1 0 7 . 9 ' 1 1 4 . 0 ' 178.7' 1 1 0 . 0 ' 1 0 6 . 9 ' 1 1 1 . 2 ' 1 2 0 . 8 ' 202.0' 202.0' 4 2 1 , 8 1 9 S F 3 2 1 , 8 1 9 S F 2 2 1 , 8 1 9 S F 120.9'79.3' 208.2' 208.4' 208.5' 178.7' 208.2' 208.4' 208.5' [ 1 8 , 8 8 6 S F ] [ 2 0 , 6 4 5 S F ] [ 2 0 , 6 4 5 S F ] [ 2 0 , 6 4 5 S F ] [ 2 0 , 6 4 5 S F ] [ 2 0 , 6 4 5 S F ] [ 2 0 , 6 4 5 S F ] [20,645 SF][20,645 SF][19,069 SF][20,649 SF] [ 2 0 , 7 5 6 S F ] [ 2 0 , 7 8 9 S F ] [ 2 0 , 6 3 3 S F ] [ 2 0 , 6 1 1 S F ] [18,881 SF][20,726 SF][20, 7 2 6 S F ] [ 2 0 , 6 6 6 S F ] [ 2 0 , 7 7 2 S F ] [ 2 0 , 7 7 3 S F ] [ 1 8 , 8 3 3 S F ] [ 1 9 , 0 2 9 S F ] [ 2 0 , 7 3 4 S F ] [ 2 0 , 6 4 0 S F ] [20,964 SF][21,487 SF][20,630 SF][20,446 SF] [ 2 0 , 7 5 6 S F ] 30'30' 30'30'R20' N 8 9 ° 3 7 ' 1 4 " E S 0 0 ° 3 5 ' 3 8 " W 355356 353357357356355 35 4 3 5 3 35 4 35 4 3 5 3 3 5 2 3 5 2 3 5 5 354 353 352 353 355 356 R55'R75'821,805 SF[18,881 SF] Volterra Estates A subdivision in the City of Pasco, WA Preliminary plat for: M a r c h 7 , 2 0 1 7 D a t e : 0 0 5 4 . 0 0 J F E n g . J o b # PR CONSTRUCTION, INC. 6159 W DESCHUTES AVE, STE 509 KENNEWICK, WA 99336 (509) 430-9956 1 A B C D E F G H I J K LJ F V I C I N I T Y M A P N T S C 1 0 0 S H E E T I N D E X P R E L I M I N A R Y P L A T C 2 0 0 P R E L I M I N A R Y U T I L I T Y P L A N 3254 7 6 9 8 1 1 1 0 1 3 1 2 1 5 1 4 1 6 5220 S. Auburn Pl Kennewick, WA 99337 (509) 551-8174 PHN www.JFEngineering.pro CIVIL ENGINEERING PROJECT MANAGEMENT PLANNING ENGINEERING, PLLC C h e c k e d b y : J E F D r a w n b y : J E F STAT E O F W A S H N G T O N J OH N E R I C F E T T E R O L F D E R E T S I G E R 3 8 3 2 2 RE E N I G N E L A N O I I S S E F O R P C 1 0 0 S c a l e V : N / A S c a l e H : 1 " = 5 0 ' K n o w w h a t ' s b e l o w . b e f o r e y o u d i g . C a l l R LOCATED IN A PORTION OF THE SE ¼ O F S E C 2 1 , T 9 N , R 2 9 E O F T H E W I L L A M E T T E M E R I D I A N , C I T Y O F P A S C O , W A . Volterra E s t a t e s P r e l i m i n a r y P l a t 1 0 0 0 5 0 1 " = 5 0 ' 2 0 5 R O A D 7 2 WERNETT RD. P R O P E R T Y B O U N D A R Y A N D T O P O G R A P H I C S U R V E Y P R O V I D E D B Y H D J , A D I V I S I O N O F P B S , 2 0 1 6 . B A S I S O F B E A R I N G I S : N 8 9 ° 3 7 ' 1 4 " E A L O N G T H E N O R T H L I N E O F T H E S O U T H E A S T Q U A R T E R O F S E C T I O N 2 1 O F T O W N S H I P 9 N O R T H , R A N G E 2 9 E A S T , W . M . B E T W E E N F O U N D M O N U M E N T S V E R T I C A L D A T U M I S C I T Y O F P A S C O D A T U M , P S I 1 0 - 3 3 , E L E V : 3 5 7 . 6 5 T A X I D # O F S U B J E C T P A R C E L S : 1 1 8 4 8 1 0 3 7 ( S O U T H ) 1 1 8 4 8 1 0 1 9 ( N O R T H ) C O M P R E H E N S I V E P L A N D E S I G N A T I O N : L O W - D E N S I T Y R E S I D E N T I A L L A N D U S E Z O N I N G D E S I G N A T I O N : R - S - 2 0 S U B U R B A N D I S T R I C T C U R R E N T P R O P E R T Y U S E : A G R I C U L T U R A L T O T A L P R O J E C T A R E A : 1 7 . 2 A c P R O P O S E D # L O T S : 3 0 A V E R A G E L O T S I Z E : 2 1 , 8 2 4 S F M I N . L O T S I Z E : 2 1 , 7 8 1 S F ( L O T 3 0 ) L A R G E S T L O T S I Z E : 2 1 , 9 5 9 S F ( L O T 2 7 ) R / W A R E A : 9 4 , 4 6 1 S F A N T I C I P A T E D T O B E G I N C O N S T R U C T I O N S U M M E R 2 0 1 7 A N D C O M P L E T E B Y F A L L 2 0 1 7 T 9 N R 2 9 E 2 1 2 2 1 6 1 5 RD 76 RD 72 RD 80 W W E R N E T T R D B U R D E N B L V D . RD 68 I - 1 8 2 A R G E N T R D RD 84 W C O U R T S T S I T E 1 1 8 4 8 1 0 2 8 ( W O O D Y ) 118481046(FAITH CHRISTIAN CENTER)118472093(PERKINS)118472083(MILLERET) 1 1 8 4 7 2 0 4 7 ( G O M E Z ) 1 1 8 4 7 2 0 3 8 ( M O O R E ) 118482063(DAWKINS)11848 2 1 2 5 (BREA Z A L E ) 1 1 8 4 8 2 0 4 5 ( M A R C O T T E ) 1 1 8 4 8 2 0 3 6 ( M A C K A Y ) 1 1 8 4 8 2 0 2 7 ( J O N E S ) 1 1 8 4 8 2 0 1 8 ( W I S S E ) 1 1 8 3 7 1 0 5 8 ( B O L S O N ) 1 1 8 3 7 1 1 4 9 ( R O D G E R S ) 1 1 8 3 7 1 0 6 7 ( B E N N E T T ( E T A L ) ) RESIDENTIAL R E S I D E N T I A L R E S I D E N T I A L R E S I D E N T I A L RESIDENTIALCONDITIONAL USE - CHURCH RESIDENTIAL (UNIMPROVED) ( P A V E D , N O C U R B S ) 118491044RESIDENTIAL R E S I D E N T I A L APPLICANT/DEVELOPER: E X I S T I N G F E N C E E X I S T I N G P R O P E R T Y P I N E X I S T I N G P R O P E R T Y P I N P R O P E R T Y A N D P L A T S T A T I S T I C S LEGENDLOT #LOT TOT A L A R E A LOT NET A R E A 30' R/W 60' R/W 3 0 ' AMY LOOP FAITH ASSEMBLY CHURCH CENTER 1800 N. RD 72 PASCO, WA 99301 (509) 547-5773 PROPERTY OWNER: EXISTINGGROUNDCONTOUR E X I S T I N G G R O U N D C O N T O U R 2 , 6 5 8 . 9 3 ' C E N T E R O F Q T R C O R N E R , R D 7 6 & W E R N E T T R D 442.45' 1 , 1 2 7 . 3 6 ' TRIPLE J ESTATESRESIDENTIALTRIP...ADJACE N T U S E ADJACE N T S U B D I V I S I O N N A M E (NAME)ADJACE N T P R O P . O W N E R N A M E 118472083CO TAX I D # E X I S T I N G 1 0 ' E S M ' T T O N W P I P E L I N E A F N 1 7 5 1 9 8 0 10' UTILITY ESM'T 10' UTILITY ESM'T R 1 0 0 ' W E L L H E A D P R O T E C T I O N R A D I U S W E L L H E A D ( P O T A B L E ) (UNKNOWN POTABLE WATER SOURCE) 17' 2 1 ' 60' R/W A M Y L O O P 10' UTILITY ESM'T R25' R 2 0 ' 3 / 7 / 1 7 Page 40 of 140 1 REPORT TO PLANNING COMMISSION MASTER FILE NO: PP 2017-001 HEARING DATE: 2/16/2017 ACTION DATE: 3/16/2017 APPLICANT: P & R Construction 6159 W Deschutes Ave, Ste 509 Kennewick, WA 99336 BACKGROUND REQUEST: Preliminary Plat: Volterra Estates, 30-Lots 1. PROPERTY DESCRIPTION: Legal: SW Quarter of the SW Quarter of Section 5, T9N, R29E, WM General Location: The S/W corner Road 72 and Wernett Road. Property Size: 17.85 Acres Number of Lots Proposed: 30 single-family lots Square Footage Range of Lots: 21,781 ft² to 21,959 ft² Average Lot Square Footage: 21,824 ft² 2. ACCESS: The property will have access from Wernett Road and Road 72. 3. UTILITIES: Municipal water is located in both Wernett Road and at the southern end of the site in Road 72. There is no sewer service available to this site. The Comprehensive Sewer Plan calls for a lift station to be built west of Rd 84 to eventually serve properties near Road 72 and Wernett Road. 4. LAND USE AND ZONING: The site is zoned RS-20 (Suburban Residential). Surrounding properties are zoned and developed as follows: NORTH: RS-20 – Single-Family (County Zoning) SOUTH: RS-20 – Faith Assembly Church EAST: RS-20 – Single-Family (County Zoning) WEST RS-20 – Single-Family (County Zoning) 5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for low-density residential development. According to the Comprehensive Plan, low-density residential development means 2 to 5 dwelling units per acre. The criteria for allocation under the future land use section of Volume II of the Comprehensive Plan (Vol. II, page 17) encourages development of lands designated for low-density residential uses when or where: sewer is available, the location is suitable for home sites, and there is a market demand for new home sites Policy H-1-E encourages the advancement of home ownership and Goal H-2 suggests the City strive to maintain a variety of housing options for residents of Page 41 of 140 2 the community. Goal LU-2 encourages the maintenance of established neighborhoods and the creation of new neighborhoods that are safe and enjoyable places to live. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. An environmental determination will be made after the public hearing for this project. A Determination of Non- Significance or Mitigated Determination of Non-Significance is likely for this application (WAC 197-11-355). ANALYSIS The project site is located between the Faith Assembly parking lot on the south and Wernett Road to the north. The site is currently vacant but has been used for a small farming operation in the past. The site is relatively flat and about 10 feet lower than Court Street. As a result it is impossible to have a gravity sewer line serve the property at the present time. At least two sewer lift stations will be needed to serve much of West Pasco between Court Street and Argent Road. The site in question is shown in the Comprehensive Sewer Plan to be served by the western most lift station to be built to the east of the Chiawana Park. The Faith Assembly Church is served by a private sewer lift station and pressure line connected to Court Street. The church lift station is a private lift station designed for one user only and cannot be used for the proposed subdivision. The proposed plat is consistent with the Comprehensive Plan and RS-20 zoning related to lot sizes and densities. The proposed plat is also consistent with a recently approved Short Plat directly to the west of the developer’s site. The proposal is also consistent with other nearby County developments such as Terray Estates (on Rd 76), Butter Creek Estates (¼ of a mile to the east), Canter Club Estates (¼ of a mile to the east) and Fieldstone Estates (687 feet to the north). The developer is proposing to develop 30 lots ranging in size from 21781 square feet to 21,959 square feet. Because the plat is in the process of being reviewed by the Health District the final number of lots may be reduced because of lot area requirements for drain fields. The layout of the plat with two cul de sacs rather than a single through street creates some design concerns related to water service and overall circulation. Two additional lots would be lost if the street was a through street rather than a cul de sac. LOT LAYOUT: The proposed Plat contains 30 residential lots. The lots vary in size from 21781 square feet to 21,959 square feet. The proposal is consistent with the density requirements of the RS-20 zoning on the site. Page 42 of 140 3 RIGHTS-OF-WAY: All lots have frontage on streets which will be dedicated. The layout of the streets with two dead end cul de sacs is a design feature not favored by the engineering and planning staff. Where possible it is always preferred to place water lines under City streets rather than through residential lots. There are no special constraints on this property that would require two cul de sacs. UTILITIES: Municipal water lines are located in Wernett Road and in Road 72 at the southerly end of the proposed plat. The developer will be required to extend an 8 inch water line in Road 72 to connect with the line in Wernett Road. The property is in a location that cannot be served by the sewer line in Court Street due to elevation constraints. The Comprehensive Sewer Plan calls for a lift station to be built west of Road 84 at the end of the Army Corp of Engineers drainage ditch. The property in question would be connected someday to the future lift station by a sewer line draining to the west. Until sewer service is available the property will need to be granted a waiver for sewer connection to allow use of onsite septic systems. A utility easement will be needed along the first 10 feet of street frontage of all lots. The final location and width of the easements will be determined during the engineering design phase. The front yard setbacks for construction purposes are larger than the requested easements; therefore the front yard easements will not diminish the buildable area of the lots. The City Engineer will determine the specific placement of fire hydrants when construction plans are submitted. As a general rule, fire hydrants are located at street intersections and with a maximum interval of 500 feet between hydrants on alternating sides of the street and in accordance with the City’s Fire Protection Masterplan. STREET NAMES: Street will be named prior to final platting. IRRIGATION: The municipal code requires the installation of irrigation lines as a part of the infrastructure improvements. WATER RIGHTS: The assignment of water rights is a requirement for subdivision approval per Pasco Municipal Code Section 26.04.115(B) and Section 3.07.160. If no water rights are available to transfer to the City the property owner/developer must pay a water right fee in lieu thereof. FINDINGS OF FACT State law (RCW 58.17.010) and the Pasco Municipal Code requires the Planning Commission to develop Findings of Fact as to how this proposed Page 43 of 140 4 subdivision will protect and enhance the health, safety and general welfare of the community. The following is a listing of proposed "Findings of Fact": Prevent Overcrowding: Density requirements of the RS-20 zone are designed to address overcrowding concerns. The Comprehensive Plan suggests the property in question be developed with 2 to 5 dwelling units per acre. The proposed Plat has a density of approximately 2 units per acre. No more than 40 percent of each lot is permitted to be covered with structures per the RS-20 standards. Parks Opens Space/Schools: Chiawana Park is located about a mile to the west (two miles in travel distance) and the Columbia River trail is about ¾ of a mile to the south. The City is required by RCW 58.17.110 to make a finding that adequate provisions are being made to ameliorate the impacts of the proposed subdivision on the School District. At the request of the School District the City enacted a school impact fee in 2012. The imposition of this impact fee addresses the requirement to ensure there are adequate provisions for schools. A school impact fee in the amount of $4,700 will be charged for each new dwelling unit at the time of building permit issuance. Effective Land Use/Orderly Development: The Plat is laid out for single- family development as identified in the Comprehensive Plan. The maximum density permitted under the Comprehensive Plan is 5 dwelling units per acre. The developer is proposing a density of about 2 units per acre. The proposed development will include improvements to both Road 72 and Wernett Road. Safe Travel & Walking Conditions: The plat will connect to the community through the existing network of streets. Sidewalks are not required in the RS- 20 zone. Adequate Provision of Municipal Services: All lots within the Plat will be served with water and other utilities. Due to the elevation of the property onsite septic systems approved by the Health District will be used instead of a municipal sewer system. Provision of Housing for State Residents: This Preliminary Plat contains 30 residential building lots, providing an opportunity for the construction of 30 new dwelling units in Pasco. Adequate Air and Light: The maximum lot coverage limitations, building height restrictions and building setbacks will assure that adequate movement of air and light is available to each lot. Proper Access & Travel: The streets through and adjoining the Plat will be paved and developed to City standards to assure proper access is maintained Page 44 of 140 5 to each lot. Connections to the community will be provided by Road 72 and Wernett Road. The Preliminary Plat was submitted to the Transit Authority for review. (The discussion under “Safe Travel” above applies to this section also.) Comprehensive Plan Policies & Maps: The Comprehensive Plan designates the Plat site for low-density residential development. Policies of the Comprehensive Plan encourage the advancement of home ownership and suggest the City strive to maintain a variety of housing for residents. Other Findings: • The site is within the Pasco Urban Growth Boundary. • The State Growth Management Act requires urban growth and urban densities to occur within the Urban Growth Boundaries. • The site is relatively flat but is about 10 feet lower than Court Street in elevation. The lower elevation creates difficulties for serving the property with a public sewer system. • The site is currently vacant. • The site is not considered a critical area, a mineral resource area or a wet land. • The Comprehensive Plan identifies the site for low-density residential development. • Low-density residential development is described in the Comprehensive Plan as two to five dwelling units per acre. • The site is zoned RS-20 (Suburban Residential). • The site was zoned RS-20 when it was annexed in 2001. • The Housing Element of the Comprehensive Plan encourages the advancement of programs that promote home ownership and development of a variety of residential densities and housing types. • The Transportation Element of the Comprehensive Plan encourages the interconnection of neighborhood streets to provide for the disbursement of traffic. • The interconnection of neighborhood streets is necessary for utility connections (looping) and the provision of emergency services. • Per the ITE Trip Generation Manual 8th Addition the proposed subdivision, when fully developed, will generate approximately 340 vehicle trips per day. • The current traffic impact fee is $709 per dwelling unit. The impact fees are collected at the time permits are issued and said fees are used to make traffic improvements and add traffic signals in the developing areas of the City west of 20th Avenue. Page 45 of 140 6 • The current park impact fee is $1,420 per dwelling unit. The fee can be reduced by 58 percent if a developer dedicates a five acre park site to the City. The dedication of a fully constructed park reduces the fee by 93 percent. The property under consideration is too small for the dedication of a park site. • RCW 58.17.110 requires the City to make a finding that adequate provisions have been made for schools before any preliminary plat is approved. • The City of Pasco has adopted a school impact fee ordinance compelling new housing developments to provide the School District with mitigation fees. The fee was effective as of April 16, 2012. • Past correspondence from the Pasco School District indicates impact fees address the requirement to ensure adequate provisions are made for schools. • Plat improvements within the City of Pasco are required to comply with the 2015 Standard Drawings and Specification as approved by the City Engineer. These improvements include but are not limited to water, sewer and irrigation lines, streets, street lights and storm water retention. The handicapped accessible pedestrian ramps are completed with the street and curb improvements prior to final plat approval. Sidewalks are installed at the time permits are issued for new houses. Except sidewalks along major streets, which are installed with the street improvements. • Plat improvements involving Wernett Road will need to conform to Franklin County standards as Wernett Road is fully within Franklin County • All engineering designs for infrastructure and final plat(s) drawings are required to utilize the published City of Pasco Vertical Control Datum. • All storm water generated from a developed plat is required to be disposed of per City and State codes and requirements. Prior to the City of Pasco accepting construction plans for review the developer is required to enter into a Storm Water Maintenance Agreement with the City. The developer is responsible for obtaining the signatures of all parties required on the agreement and to have the agreement recorded with the Franklin County Auditor. The original signed and recorded copy of the agreement is presented to the City of Pasco at the intake meeting for construction plans. • The City has nuisance regulations (PMC 9.60) that require property owners (including developers) to maintain their properties in a manner that does not injure, annoy or endanger the comfort and repose of other property owners. This includes controlling dust, weeds and litter during times of construction for both subdivisions and buildings including houses. • Prior to acceptance of final plats developers are required to prepare and submit record drawings. All record drawings must be created in Page 46 of 140 7 accordance with the requirements detailed in the Record Drawing Requirements and Procedure form provided by the Engineering Division. This form must be signed by the developer prior to construction plan approval. CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of the proposed Plat the Planning Commission must develop findings of fact from which to draw its conclusion (P.M.C. 26.24.070) therefrom as to whether or not: (1) Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, transit stops, schools and school grounds, sidewalks for safe walking conditions for students and other public needs; The proposed plat will be required to develop under the standards of the Pasco Municipal Code and the standard specifications of the City Engineering Division. These standards for streets, sidewalks, and other infrastructure improvements were designed to ensure the public health; safety and general welfare of the community are secured. These standards include provisions for streets, drainage, water and sewer service and the provision for dedication of right-of-way. The preliminary plat was forwarded to the PUD, the Pasco School District, Benton Franklin Health District, Cascade Gas, Charter Cable and Ben-Franklin Transit Authority for review and comment. Based on the School Districts Capital Facilities Plan the City collects school mitigation fees for each new dwelling unit. The fee is paid at the time of building permit issuance. The school impact fee addresses the requirements of RCW 58.17.110.City Chiawana Park is located to the west and the Columbia River Trail is located to the south of the site. All new developments participate in establishing parks through the payment of park fees at the time of permitting. (2) The proposed subdivision contributes to the orderly development and land use patterns in the area; The proposed Plat makes efficient use of vacant land and will provide for the looping of utilities and interconnectivity of streets as supported in the Comprehensive Plan. The proposed subdivision will provide. (3) The proposed subdivision conforms to the policies, maps and narrative text of the Comprehensive Plan; Page 47 of 140 8 The Comprehensive Plan land use map designates the site for low-density residential development. Low-density residential development is described as 2 to 5 dwelling units per acre in the Comprehensive Plan. The Housing Element of the Plan encourages the promotion of a variety of residential densities and suggests the community should support the advancement of programs encouraging home ownership. The Transportation Element of the Plan suggests major streets should be beautified with trees and landscaping. In this case there are no major streets requiring improvements. The Plan also encourages the interconnection of local streets for inter-neighborhood travel for public safety as well as providing for traffic disbursement. (4) The proposed subdivision conforms to the general purposes of any applicable policies or plans which have been adopted by the City Council; Development plans and policies have been adopted by the City Council in the form of the Comprehensive Plan. The proposed subdivision conforms to the policies, maps and narrative text of the Plan as noted in number three above. (5) The proposed subdivision conforms to the general purposes of the subdivision regulations. The general purposes of the subdivision regulations have been enumerated and discussed in the staff analysis and Findings of Fact. The Findings of Fact indicate the subdivision is in conformance with the general purposes of the subdivision regulations provided certain mitigation measures (i.e.: school impact fees are paid.) (6) The public use and interest will be served by approval of the proposed subdivision. The proposed Plat, if approved, will be developed in accordance with all City standards designed to insure the health, safety and general welfare of the community are met. The Comprehensive Plan will be implemented through development of this plat. These factors will insure the public use and interest are served. TENTATIVE PLAT APPROVAL CONDITIONS 1. No utility vaults, pedestals, or other obstructions will be allowed at street intersections. 2. All corner lots and other lots that present difficulties for the placement of yard fencing shall be identified in the notes on the face of the final plat(s). 3. The interior street through the plat connecting Road 72 to Wernett Road shall be a continuous through street with no cul de sacs. Page 48 of 140 9 4. The final plat(s) shall contain a 10-foot utility easement parallel to all streets unless otherwise required by the Franklin County PUD. 5. The final plat(s) shall contain the following Franklin County Public Utility District statement: “The individual or company making improvements on a lot or lots of this Plat is responsible for providing and installing all trench, conduit, primary vaults, secondary junction boxes, and backfill for the PUD’s primary and secondary distribution system in accordance with PUD specifications; said individual or company will make full advance payment of line extension fees and will provide all necessary utility easements prior to PUD construction and/or connection of any electrical service to or within the plat”. The following Benton Franklin Health District Note Shall be placed on the face of the Final Plat “This plat appears to have suitable conditions for the use of on-site sewage disposal systems. However, because of the nature of the testing methods used, we have no way of determining whether each lot can comply with Benton-Franklin District Board of Health Rules and Regulations at the time of permit issuance. Further be advised Benton Franklin Health District approval of any lot within this plat for the use of on-site sewage disposal systems may be contingent upon that lot passing additional soil inspections/percolation tests, and/or other requirements at a later date. On-site sewage disposal systems installed within this plat may require systems meeting a minimum of Treatment Level C in accordance with Benton Franklin District Board of Health Rules and Regulations No. 2. Contact BFHD for more information.” 6. All lots with the plat must meet lot size requirements set forth by the Benton Franklin Health District Board of Health Rules and Regulations # 2. 7. All 100’ sanitary control zones shall be shown on the final plat for surrounding wells. 8. Driveway access to Lot 1 shall be located on Wernett Road at the westerly edge of the Lot or as otherwise determined by Franklin County. RECOMMENDATION MOTION: I move to adopt Findings of Fact and Conclusions therefrom as contained in the March 16, 2017 staff report. MOTION: I move based on the Findings of Fact and Conclusions, as adopted, the Planning Commission recommend the City Council approve the Preliminary Plat for Volterra Estates, with conditions as listed in the March 16, 2017 staff report. Page 49 of 140 It e m : V o l t e r r a E s t a t e s P r e l i m i n a r y P l a t Ap p l i c a n t : P & R C o n s t r u c t i o n Fi l e # : P P 2 0 1 7 - 0 0 1 Ov e r v i e w Ma p SI T E Page 50 of 140 It e m : V o l t e r r a E s t a t e s P r e l i m i n a r y P l a t Ap p l i c a n t : P & R C o n s t r u c t i o n Fi l e # : P P 2 0 1 7 - 0 0 1 SI T E Vi c i n i t y Ma p Page 51 of 140 It e m : V o l t e r r a E s t a t e s P r e l i m i n a r y P l a t Ap p l i c a n t : P & R C o n s t r u c t i o n Fi l e # : P P 2 0 1 7 - 0 0 1 SI T E La n d U s e Ma p SF D U s (C o u n t y ) SF D U s ( C o u n t y ) SF D U s Page 52 of 140 It e m : V o l t e r r a E s t a t e s P r e l i m i n a r y P l a t Ap p l i c a n t : P & R C o n s t r u c t i o n Fi l e # : P P 2 0 1 7 - 0 0 1 SI T E Zo n i n g Ma p RS - 2 0 (C o u n t y ) RS - 2 0 ( C o u n t y ) RS - 1 2 RS - 2 0 Page 53 of 140 W 2521,788 SF 1 8 2 1 , 7 8 8 S F 1 9 2 1 , 7 8 8 S F 2 0 2 1 , 7 8 8 S F 2 1 2 1 , 7 8 8 S F 2 2 2 1 , 7 8 8 S F 2 3 2 1 , 7 8 8 S F 2 4 2 1 , 7 8 8 S F 2621,788 SF 190.7' 170.4' L = 3 1.7' 9 5 . 9 ' 1 1 4 . 3 ' 1 1 4 . 3 ' 1 1 4 . 3 ' 1 1 4 . 3 ' 1 1 4 . 3 ' 1 1 4 . 3 ' 114.3'105.5'L=8.8'191.1'114.2'114.3' 1 1 4 . 3 ' 1 1 4 . 3 ' 1 1 4 . 3 ' 1 1 4 . 3 ' 1 1 4 . 3 ' 1 1 4 . 3 ' 190.7' 190.7' 190.7' 190.7' 190.7' 190.7'190.7'2721,959 SF2821,893 SF2921,792 SF3021,781 SF L=68.1'L=24.1'L=5.2'191.1'162.7'185.3' 1 1 3 . 2 ' 103.9'117.5'167.3'L=37.5'0.6'L=15.0'L=24.5'L =7 3 .5'185.2'165.0'130.4'165.0'133.6'921,858 SF L=71.5'134.8'110.3'11.6'96.3'24.6' 8 3 . 3 ' 3 7 . 4 ' 7 6 . 9 ' 3 7 . 9 ' 1 7 2 1 , 8 5 8 S F 1 6 2 1 , 8 5 8 S F 1 5 2 1 , 8 8 2 S F 1 4 2 1 , 8 3 4 S F 1 3 2 1 , 8 5 8 S F 1 2 2 1 , 8 6 8 S F 1 1 2 1 , 8 4 8 S F 1021,858 SF 175.3' 1 0 6 . 9 ' 6 4 . 0 ' 5 4 . 6 ' 6 3 . 4 ' 6 1 . 4 ' 4 3 . 3 ' 8 1 . 4 ' 2 3 . 3 ' 1 0 3 . 3 ' 155.6' L = 3 1 . 1 ' 1 0 4 . 1 ' 1 2 4 . 7 ' 1 2 4 . 9 ' 175.3' 175.3' 204.6' 204.5' 181.0' 180.9'180.7' 175.3' 175.3' 175.3' 204.6' 204.5' 181.0' 180.9'180.7' 1 2 1 , 8 1 9 S F 5 2 1 , 8 0 5 S F 178.7' 1 0 6 . 2 ' 1 0 4 . 7 ' 1 0 4 . 7 ' 8 6 . 5 ' L = 3 1.8'188.3' 182.5'821,805 SF 721,805 SF 6 21, 8 0 5 S F 202.0'L=31.0'86.8'107.9'1 0 7 . 9 ' 1 1 4 . 0 ' 178.7' 1 1 0 . 0 ' 1 0 6 . 9 ' 1 1 1 . 2 ' 1 2 0 . 8 ' 202.0' 202.0' 4 2 1 , 8 1 9 S F 3 2 1 , 8 1 9 S F 2 2 1 , 8 1 9 S F 120.9'79.3' 208.2' 208.4' 208.5' 178.7' 208.2' 208.4' 208.5' [ 1 8 , 8 8 6 S F ] [ 2 0 , 6 4 5 S F ] [ 2 0 , 6 4 5 S F ] [ 2 0 , 6 4 5 S F ] [ 2 0 , 6 4 5 S F ] [ 2 0 , 6 4 5 S F ] [ 2 0 , 6 4 5 S F ] [20,645 SF][20,645 SF][19,069 SF][20,649 SF] [ 2 0 , 7 5 6 S F ] [ 2 0 , 7 8 9 S F ] [ 2 0 , 6 3 3 S F ] [ 2 0 , 6 1 1 S F ] [18,881 SF][20,726 SF][20, 7 2 6 S F ] [ 2 0 , 6 6 6 S F ] [ 2 0 , 7 7 2 S F ] [ 2 0 , 7 7 3 S F ] [ 1 8 , 8 3 3 S F ] [ 1 9 , 0 2 9 S F ] [ 2 0 , 7 3 4 S F ] [ 2 0 , 6 4 0 S F ] [20,964 SF][21,487 SF][20,630 SF][20,446 SF] [ 2 0 , 7 5 6 S F ] 30'30' 30'30'R20' N 8 9 ° 3 7 ' 1 4 " E S 0 0 ° 3 5 ' 3 8 " W 355356 353357357356355 35 4 3 5 3 35 4 35 4 3 5 3 3 5 2 3 5 2 3 5 5 354 353 352 353 355 356 R55'R75'821,805 SF[18,881 SF] Volterra Estates A subdivision in the City of Pasco, WA Preliminary plat for: M a r c h 7 , 2 0 1 7 D a t e : 0 0 5 4 . 0 0 J F E n g . J o b # PR CONSTRUCTION, INC. 6159 W DESCHUTES AVE, STE 509 KENNEWICK, WA 99336 (509) 430-9956 1 A B C D E F G H I J K LJ F V I C I N I T Y M A P N T S C 1 0 0 S H E E T I N D E X P R E L I M I N A R Y P L A T C 2 0 0 P R E L I M I N A R Y U T I L I T Y P L A N 3254 7 6 9 8 1 1 1 0 1 3 1 2 1 5 1 4 1 6 5220 S. Auburn Pl Kennewick, WA 99337 (509) 551-8174 PHN www.JFEngineering.pro CIVIL ENGINEERING PROJECT MANAGEMENT PLANNING ENGINEERING, PLLC C h e c k e d b y : J E F D r a w n b y : J E F STAT E O F W A S H N G T O N J OH N E R I C F E T T E R O L F D E R E T S I G E R 3 8 3 2 2 RE E N I G N E L A N O I I S S E F O R P C 1 0 0 S c a l e V : N / A S c a l e H : 1 " = 5 0 ' K n o w w h a t ' s b e l o w . b e f o r e y o u d i g . C a l l R LOCATED IN A PORTION OF THE SE ¼ O F S E C 2 1 , T 9 N , R 2 9 E O F T H E W I L L A M E T T E M E R I D I A N , C I T Y O F P A S C O , W A . Volterra E s t a t e s P r e l i m i n a r y P l a t 1 0 0 0 5 0 1 " = 5 0 ' 2 0 5 R O A D 7 2 WERNETT RD. P R O P E R T Y B O U N D A R Y A N D T O P O G R A P H I C S U R V E Y P R O V I D E D B Y H D J , A D I V I S I O N O F P B S , 2 0 1 6 . B A S I S O F B E A R I N G I S : N 8 9 ° 3 7 ' 1 4 " E A L O N G T H E N O R T H L I N E O F T H E S O U T H E A S T Q U A R T E R O F S E C T I O N 2 1 O F T O W N S H I P 9 N O R T H , R A N G E 2 9 E A S T , W . M . B E T W E E N F O U N D M O N U M E N T S V E R T I C A L D A T U M I S C I T Y O F P A S C O D A T U M , P S I 1 0 - 3 3 , E L E V : 3 5 7 . 6 5 T A X I D # O F S U B J E C T P A R C E L S : 1 1 8 4 8 1 0 3 7 ( S O U T H ) 1 1 8 4 8 1 0 1 9 ( N O R T H ) C O M P R E H E N S I V E P L A N D E S I G N A T I O N : L O W - D E N S I T Y R E S I D E N T I A L L A N D U S E Z O N I N G D E S I G N A T I O N : R - S - 2 0 S U B U R B A N D I S T R I C T C U R R E N T P R O P E R T Y U S E : A G R I C U L T U R A L T O T A L P R O J E C T A R E A : 1 7 . 2 A c P R O P O S E D # L O T S : 3 0 A V E R A G E L O T S I Z E : 2 1 , 8 2 4 S F M I N . L O T S I Z E : 2 1 , 7 8 1 S F ( L O T 3 0 ) L A R G E S T L O T S I Z E : 2 1 , 9 5 9 S F ( L O T 2 7 ) R / W A R E A : 9 4 , 4 6 1 S F A N T I C I P A T E D T O B E G I N C O N S T R U C T I O N S U M M E R 2 0 1 7 A N D C O M P L E T E B Y F A L L 2 0 1 7 T 9 N R 2 9 E 2 1 2 2 1 6 1 5 RD 76 RD 72 RD 80 W W E R N E T T R D B U R D E N B L V D . RD 68 I - 1 8 2 A R G E N T R D RD 84 W C O U R T S T S I T E 1 1 8 4 8 1 0 2 8 ( W O O D Y ) 118481046(FAITH CHRISTIAN CENTER)118472093(PERKINS)118472083(MILLERET) 1 1 8 4 7 2 0 4 7 ( G O M E Z ) 1 1 8 4 7 2 0 3 8 ( M O O R E ) 118482063(DAWKINS)11848 2 1 2 5 (BREA Z A L E ) 1 1 8 4 8 2 0 4 5 ( M A R C O T T E ) 1 1 8 4 8 2 0 3 6 ( M A C K A Y ) 1 1 8 4 8 2 0 2 7 ( J O N E S ) 1 1 8 4 8 2 0 1 8 ( W I S S E ) 1 1 8 3 7 1 0 5 8 ( B O L S O N ) 1 1 8 3 7 1 1 4 9 ( R O D G E R S ) 1 1 8 3 7 1 0 6 7 ( B E N N E T T ( E T A L ) ) RESIDENTIAL R E S I D E N T I A L R E S I D E N T I A L R E S I D E N T I A L RESIDENTIALCONDITIONAL USE - CHURCH RESIDENTIAL (UNIMPROVED) ( P A V E D , N O C U R B S ) 118491044RESIDENTIAL R E S I D E N T I A L APPLICANT/DEVELOPER: E X I S T I N G F E N C E E X I S T I N G P R O P E R T Y P I N E X I S T I N G P R O P E R T Y P I N P R O P E R T Y A N D P L A T S T A T I S T I C S LEGENDLOT #LOT TOT A L A R E A LOT NET A R E A 30' R/W 60' R/W 3 0 ' AMY LOOP FAITH ASSEMBLY CHURCH CENTER 1800 N. RD 72 PASCO, WA 99301 (509) 547-5773 PROPERTY OWNER: EXISTINGGROUNDCONTOUR E X I S T I N G G R O U N D C O N T O U R 2 , 6 5 8 . 9 3 ' C E N T E R O F Q T R C O R N E R , R D 7 6 & W E R N E T T R D 442.45' 1 , 1 2 7 . 3 6 ' TRIPLE J ESTATESRESIDENTIALTRIP...ADJACE N T U S E ADJACE N T S U B D I V I S I O N N A M E (NAME)ADJACE N T P R O P . O W N E R N A M E 118472083CO TAX I D # E X I S T I N G 1 0 ' E S M ' T T O N W P I P E L I N E A F N 1 7 5 1 9 8 0 10' UTILITY ESM'T 10' UTILITY ESM'T R 1 0 0 ' W E L L H E A D P R O T E C T I O N R A D I U S W E L L H E A D ( P O T A B L E ) (UNKNOWN POTABLE WATER SOURCE) 17' 2 1 ' 60' R/W A M Y L O O P 10' UTILITY ESM'T R25' R 2 0 ' 3 / 7 / 1 7 Page 54 of 140 Lo o k i n g N o r t h Page 55 of 140 Lo o k i n g E a s t Page 56 of 140 Lo o k i n g S o u t h Page 57 of 140 Lo o k i n g W e s t Page 58 of 140 PLANNING COMMISSION MINUTES 2/16/2017 C.Preliminary Plat Voterra Estates, 32 Lots (P&R Construction) (MF# PP 2017-001) Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner, discussed the preliminary plat application for Volterra Estates. The property contains just over 17 acres of land located directly north of the Faith Assembly Church on Road 72. This site has had previous applicants for special permits for a corn maze and other activities. The church is now selling the property to P&R Construction, for a single-family development. This property is located within the Pasco Urban Growth Boundary (UGB). The UGB is the area within the County that the community is supposed to direct development and is also included within the Comprehensive Plan as an area for low-density develop. It has been designated as such for over 35 years. Years ago through the Comprehensive Planning process the community determined that this was an appropriate location for single-family homes. The low-density designation would allow housing development between 2-5 units per acre. In this case, the applicant is applying for about 2 units per acre because there currently is no sewer to the neighborhood and there won’t be for many years. As a result, they will need to use approved septic systems which requires larger lot sizes. The developer will be required to develop this plat according to all City standards and the specifications as outlined through the Engineering Department, meaning the streets will have to be paved and improved. Road 72 and the County road to the north, Wernett will be pave to City and County standards. Staff provided in the report the necessary review of items required by the State related to right-of-way, utilities, preventing overcrowding and other items along with a list of findings of fact that include information on requirements for improvements as well as a list of conclusions based on those finding of fact. A neighboring property owner submitted a letter to be a part of the record and that was distributed to the Commissioner’s. The letter identified some concerns related to the condition of the streets surrounding the proposed development. Most of those concerns will be addressed as the developer progresses through the development process. Once this plat is approved by the City Council, the developer will have to submit construction drawings and those drawings will be reviewed and approved by the Engineering Department to make sure they conform to all City standards for paved streets, drainage, etc. Essentially, the concerns outlined in the letter from Mr. Lenk will be addressed. As far as traffic is concerned, there will be more traffic as a result of this proposal but it is inside the urban growth boundary which is where the City is required to direct growth. Within the urban growth boundary as the community develops there will be more traffic which was why the City completed a traffic study years ago. Through that traffic study the City implements a traffic impact fee, which in this case is $709/lot. That money goes into a fund to eventually address needs for traffic lights, widening intersections, turn-pocket lanes, etc. It doesn’t happen all at once but as the funds are collected and made available, improvements are made to the Page 59 of 140 overall circulation system west of Road 36 from the river to the north city limits. Mr. McDonald discussed concerns about overcrowding. Overcrowding is addressed through the city zoning regulations. Only 40% of the lots will be developed so there will be open space for the free movement of air and sunlight. There are setbacks that will have to be maintained to again, allow for open space and fire safety. In regards to parks, for small subdivisions like the one proposed, there is a requirement for the payment of park impact fees, around $1,400 which goes into a fund that can later be used for parks near the general vicinity. There were also concerns about lots fronting Road 72 and that this development should require a block wall or estate fencing. Typically in the newer areas where there are collector streets identified in the Comprehensive Plan, those types of walls are required. Unfortunately in the Riverview Area, there are pre-existing conditions, such as two existing homes that already face Road 75, making it difficult for a portion of the road to have a block wall. Across the street the pattern is already set with houses with driveways to Road 72 and the same up to Argent. There is no plan for this development to have a block wall to parallel Road 72. Staff did have a concern relative to the two cul-de-sacs for interconnection between Wernett and Road 72. It would be better if the street went straight instead of having two cul-de-sacs meet. It helps with circulation as well as looping of utilities. Staff would also like the hearing to be continued until the March 16, 2017 meeting. This property is divided into two parcels and when the notifications were sent out, it was done from only one parcel instead of two so half of the surrounding property owners were notified but the property owners to the north were not properly notified. Rick White, Community & Economic Development Director, added that late in the day, Staff also received two additional letters from neighboring property owners which were distributed to the Commission and into the record. The letters voiced the same concerns as Mr. Lenk’s letter. Commissioner Bowers asked what the process is for trying to eliminate the proposed cul-de-sacs and instead have straight-thru roads. Mr. McDonald responded that it was something the Planning Commission will have to determine, whether the proposed plat is acceptable or if the street should go straight- thru and interconnect with Road 72 and Wernett. Staff has it included as one of the conditions in the staff report that that be the case. Commissioner Portugal asked for clarification about septic tanks and sewer. Mr. McDonald answered there is no sewer in the general vicinity. The closest sewer line is in Court Street. The property is roughly 10 feet lower than Court Street and with the elevation difference sewer cannot go north. The Comprehensive Sewer Plan calls for a lift station down towards Chiawana Park Boat Basin but that lift station won’t be built for many years. In the meantime like most of these areas that have been annexed will need Health District approved septic tanks. The applicant has initially approached the Health District but there is still some additional work they Page 60 of 140 need to do. They may or may not get the total 32 or 34 lots. Commissioner Mendez asked if the Commissioner’s decide the street needs to connect Wernett and Road 72, would that decrease the number of lots. Mr. McDonald responded that they may lose a lot if the streets are connected which is the primary reason they proposed the cul-de-sac. Steve Bowman, 6159 W. Deschutes Avenue, Kennewick, spoke on behalf of P&R Construction. He stated that they have been working closely with Staff, particularly Dave McDonald, on coming up with a workable plat and there have been several revisions. Mr. Bowman said that he has spoken to many of the neighbors and has heard their concerns. He hopes to be a good neighbor in Pasco. Chairman Cruz stated that with the sewer and septic it is more than likely the Planning Commission will recommend the streets connect rather than having a cul- de-sac. He asked the applicant if that was going to be a problem for him. Mr. Bowman responded that they have looked at several designs. He asked what the concern was with the cul-de-sac. Chairwoman Cruz responded that one concern is the ingress and egress out of the lot and the issue with the usage of Road 72. Mr. Bowman added that their thought was that the public would rather have a cul-de- sac to keep it contained and not another thru-street that would be another “runway”. Larry Gomez, 2105 N Road 72, spoke on this item. He stated that one of his main issues is traffic on Road 72. The road is narrow and there is already enough traffic from the church. He asked if there would be a traffic light or stop signs at each end of Wernett Road and Road 72, if there would be street lights or sidewalks and police patrol. He also wondered why the neighboring property owners were given the letter of notification days before the hearing. Jessie Rogers, 7309 Wernett Road, spoke on this item. He said that he has lived in this area for over 44 years and there were no homes around his property. Road 72 has become a congested area. There is a home in the middle and a well that is roughly 8-10 feet from the road. The well cannot be disturbed so the road can be widened down to her home, then get narrow to go by the well and at the spot the road is only 16 feet wide. He expressed his concerns and went into detail about current traffic issues and was worried that more traffic would add to the existing problems. Another issues he discussed was elevation and water drainage. He submitted photos into the record of water drainage issues and was concerned that additional homes will worsen the water drainage problems with additional irrigation and water run-off. He felt that increasing the lot sizes to ½ acres would help control the amount of increased water drainage. Commissioner Portugal asked if the Police Department has been contacted regarding the traffic issues. Page 61 of 140 Mr. Rogers replied that he has contacted the Police Department but since the road is in the County the police have not come out. The Sheriff has come out occasionally but nothing is done about it. Chairman Cruz discussed the traffic related to the church and school. The issue related to church and school traffic has been discussed in front of the Planning Commission on several occasions but it isn’t in the purview for this particular application. Jaycey Moore, 2205 Road 72, spoke on this item. Her and her husband submitted letters to be a part of the record. Their main concern was the roadways. They see near misses of accidents and pedestrians already and with new homes, traffic will increase. The development could create a positive impact, however, perhaps not negative. This provides a chance for road improvements. They would like to see the roadway widened – there are currently issues with the road being too narrow and the increased traffic along with additional homes facing Road 72 will make matters worse. She added that her family has also called the Police Department on several occasions relating to traffic and high speeds. Chairman Cruz reminded the audience that some of the street and traffic issues will be improved by the applicant as the plat is developed. Ms. Moore asked how the roads are maintained and who would maintain the road – City or County? Mr. McDonald responded that both the City and County engineering departments would work out an agreement on who would maintain the roads and which sections. Roger Lenk, 1817 Road 76, spoke on this item. His property abuts the proposed plat at the southwest corner. He noted that the County Public Work’s Director was not aware of this preliminary plat and has not seen the plans but both Wernett and Road 72 are County roads. He stated that the neighboring properties need to know how many homes are going to be developed in this plat, whether it is 28 or 32, and how the County is proposing to develop the roads. Development is appreciated as currently the property is full of weeds and sometime unsightly but he had some development concerns about the proposed plat. He briefly went over the concerns and mitigating actions that were included in his letter he had submitted to the Planning Commission to be a part of the record. Some of the mitigating actions he would like to see were: fewer homes as a part of this plat which would help lessen the effects of the increase in traffic so incorporating .5 - 1 acre lots and block wall or common fencing along the outside properties so that abutting property owners are looking at mismatched fencing and the City of Pasco should take legal possession of the roads (Road 72 and Wernett). Rich Moore, 2205 N Road 72, spoke on this item. He stated that he didn’t have an issue with the proposed development other than the narrow road that would need to be widened and improved and went into possible traffic mitigations. He added that he has called the Pasco Police Department as well as the County Sheriff regarding traffic and speeding issues. Darrel Johnson, 2420 Road 57, spoke on this item. He is the Pastor of the Faith Page 62 of 140 Assembly Church. He clarified the preschool hours were from 9am-12pm so the traffic on Road 72 during other times of the day are not from the preschool. The church had intended to sell the proposed property years ago with the idea a senior living community would locate but that has never happened so they utilized the property for other special activities (i.e. corn maze and events) but would now like to sell to P&R Construction since they have to pay taxes on this property. Chairman Cruz addressed traffic issues relating to the church. Mr. Johnson replied that has reminded his congregation about speed limits but there is only so much he can do to stop speeding traffic. Jessie Rogers, 7309 Road 72, spoke again on this item. He discussed issues with the grade and the right of way on Wernett. The property owners don’t want a ditch on either side of the road on Wernett as it would fill up with Tumbleweeds and never get cleared. Roger Lenk, 1817 N Road 76, spoke again on this item. He asked if the staff report for the next hearing will include the final copy of the proposed plat. Mr. McDonald shook his head yes. Steve Bowman, 7114 Maxim Court, also the applicant, spoke as a resident and not just the applicant. He discussed many of the traffic issues and how they would be mitigated. Mr. Bowman added that he has tried to follow City code with the proposed development. He noted that the drainage on Wernett is a problem. He addressed the mitigating action proposed by some members of the audience calling for larger lot sizes to decrease run-off but he didn’t feel that would solve the problem. Commissioner Bowers asked if it would benefit the proposed plat if Pearl Street was finished and extended just east of the proposed site. Mr. McDonald answered that it would be difficult to require this developer to do so but it could be completed at a later time when the additional parcel is developed by a separate developer. He added that there are no sidewalk requirements because when Riverview was annexed the residents did not want sidewalks because they wanted to retain the RS-20 character that existed at the time. There were no further questions or comments. Commissioner Greenaway moved, seconded by Commissioner Polk, to continue the public hearing to the March 16, 2017 meeting. The motion passed unanimously. Page 63 of 140 PLANNING COMMISSION MINUTES 3/16/2017 E.Preliminary Plat Volterra Estates, 32 Lots (P&R Construction) (MF# PP 2017-001) (Continued) Chairman Cruz read the master file number and asked for comments from staff. Dave McDonald, City Planner, discussed the preliminary plat application for Volterra Estates. At the previous hearing there were a number of questions raised about the proposed plat. One of those questions dealt with the number of lots. The applicant has worked with the Health District and the City – the final lot count is 30. The applicant lost a few lots because of the need for greater space for drain fields. The plat was redesigned to have the street connect through instead of having two cul-de-sacs. There were a number of questions raised by the neighbors at the previous meeting. One individual that spoke at the meeting indicated that Road 72 was too narrow. The road is narrow – only half of the right-of-way is in place. Much of the right-of-way on the west side of Road 72 is missing and has never been dedicated. It will be required to be dedicated as this plat develops. The developers will be responsible for improving their half of the street to City standards for the RS-20 zone. Someone at the previous meeting mentioned there were no traffic lights/signals in the area. More than likely there never will. The traffic modeling done in the past indicates where there will be needs for traffic signals on the major arterials, such as, Argent Road and Road 100. Road 72 and Wernett never come up on the “radar” when the traffic modeling is done. There was a comment regarding the lack of sidewalks in the area. In the Riverview Area there are very few sidewalks anywhere. Many years ago the City formed a Riverview Annexation Committee of Riverview residents only to receive their input about development standards after annexation. The overwhelming majority did not want sidewalks at that time so the City zoning regulations for the RS-20 and RS-12 zones don’t require sidewalks – they are an option of the developer. The City’s zoning regulations are almost identical to the County’s zoning regulations and the County regulations do not require sidewalks in similar zones. Four-way stop signs are usually installed at intersections after an engineering warrant study is done and is difficult to get a warrant study to indicate that four-way stops are needed, however, when the plans are reviewed by both the City and the County Engineering Departments, they will look at the need for stop signs. Drainage was another concern and that will be handled through the review process with the City and County Engineers. The developers will be required to take care of the drainage situation on their side of the street. The developer is responsible for fixing any issues on his side of the street but the property owners on the north side of Wernett should take care of that problem themselves. There was a question about asphalt driveways. The developer is not responsible for building driveways or aprons for pre-existing homes. The developers will only be responsible for their side of Wernett and Road 72. The County Engineer discussed Page 64 of 140 this topic with City staff and he didn’t feel it was the developer’s responsibility to provide concrete or hard surface driveways for individuals who aren’t part of the proposed plat. A comment was made at the previous hearing regarding coordinating with the County Engineering Office. An individual stated that had not been done. City staff has coordinated with the County and a memo is attached to the staff report from the County Engineer identifying their concerns. The County will be responsible for reviewing the plans for Wernett Road as that road is solely in the County and not the City. The road will be developed to County standards. A water line will be placed in the road but will be built to City standards since the County doesn’t have standards for water lines. The west half of Road 72 will be the sole responsibility of the City’s Engineering Office in reviewing the plans and inspecting during the process. Commissioner Roach asked for clarification regarding lots mentioned in the staff memo. Mr. McDonald responded that the lot numbers reference the previous plat from the previous hearing, not the revised plat. Commissioner Bowers asked for clarification about sidewalks in the Volterra Estates plat. Mr. McDonald responded that there were not going to be sidewalks and that on the plat, what looks like a sidewalk is actually an easement line. Steven Bowman, 7114 Maxim Court, spoke on behalf of his application. He stated that he has gone before the Board of Directors for the Franklin County Irrigation District and they unanimously approved the project to be added to the irrigation district. Mr. Bowman said that he spoke with many of the neighbors. One of the neighbors was in favor of the project. Mrs. Woody (one of the neighbors) had concerns about her sprinkler that could get damaged during construction but Mr. Bowman stated that he would be happy to move them and then replace them so it would not be an issue for her. He explained the changes to the layout of the plat due to comments from the previous hearing and from the Health District. Commissioner Bowers asked if there would be a driveway on Wernett from Lot 1. Mr. Bowman indicated on the overhead where the driveway could be located if there were any concerns. Larry Gomez, 2105 N. Road 72, spoke on this item. He claimed that there was a bald eagle near the proposed plat and that eagles are protected under Federal law. Mr. Gomez stated that he could provide pictures. Commissioner Bowers asked Mr. Gomez where he was located in regards to the proposed plat. Page 65 of 140 Mr. Gomez answered that he is next door to the woman Mr. Bowman spoke with in the middle section of Road 72 across the street. Chairman Cruz informed the audience that the Planning Commission received a letter from Jessie Rogers and Roger Lenk dated March 13, 2017. Roger Lenk, 1817 N. Road 76, spoke on this item. He discussed having a requirement for uniform fencing along the abutting properties to prevent mismatched fencing for abutting property owners. He also had concerns about traffic issues that already exist from activities the go on at the nearby church. There were also drainage issues on the property as it is 5’-6’ above the surrounding properties. Parking is an issue as people park on both sides of Road 72 due to events at the church. A fire truck would have difficulties making it through. Lastly he discussed protected birds that he has seen in the area within the 660’ that the U.S. Fish & Wildlife Service defines as impacted. He mentioned that there are local agencies that still need to be notified of this project, such as the County and Department of Ecology. He asked the Planning Commission find that a Determination of Non-Significance or Mitigated Determination of Non- Significance be inappropriate in this matter given the issues of protective wildlife. Chairman Cruz clarified that the SEPA requirements for environmental protection. Paul MacDuff, 7016 W. Wernett, spoke on this item. He was concerned about additional traffic driving down Wernett because of this plat. There are many children in the area that ride their bikes and it might add more risk. He said that he also has seen eagles flying in the area. Jesse Rogers, 7309 W. Wernett, spoke on this item. He had concerns about the traffic and addition vehicles. He added that they already have a large problem with the church traffic and went into detail about church events and traffic. There are many young children in the neighborhood and he is worried about their safety with the amount of cars being used on these roads. He discussed concerns with drainage and he proposed ½ acre lots to help with drainage issues. He was worried about an oversaturation of homes in the area if Hanford were to shut down and a large part of the workforce in the Tri-Cities would leave. Lastly he added to the discussion about the protected birds in the area and mentioned the Department of Fish & Wildlife. Chairman Cruz reminded the audience and Commissioner’s that the issues with the church are unrelated to the proposed plat. He also discussed protection of hawks and eagles. Commissioner Polk told Mr. Rogers she appreciated his testimony. Commissioner Roach stated that she used to live on Court Street near Road 72 and remembered the traffic problems related to the church. Mr. Bowman address some of the concerns addressed by public testimony. He gave an example of what the homes will look like. He spoke to the traffic concerns related Page 66 of 140 to the church and didn’t feel that the new development will make matters worse. He discussed drainage issues and how they were handled over the winter and how they are currently being addressed. He added that he is fond of the area and lives in the area. He would never want to negatively impact or damage the area. Commissioner Portugal asked how many years it took to complete the other development. Mr. Bowman answered about two years to complete. Commissioner Bowers asked about the parking on Road 72. Mr. McDonald said that it will be a City street. Each home will have at least two parking spaces in front of their garage and there may be some parking on the street. Commissioner Bowers asked if guests or visitors would be allowed to park in front of the homes on the street. Mr. McDonald said that they would. Commissioner Bowers asked how many cars could then park on the street. Mr. McDonald responded that he didn’t know if he could answer that. It would depend on how wide the road will be once the paving is complete. The people who already live on Road 72 have guests that park on Road 72 so the paving will actually improve the situation. Sandy Gomez, 2105 N. Road 72, asked where the road would be to get to Amy Loop. Chairman Cruz responded that cars will be entering and exiting onto Road 72 – the driveways are on Road 72. Ms. Gomez said that vehicle headlights and taillights would then be shining into her home as they back out of their driveway since she lived across the street. Commissioner Greenaway responded that most people back in and out of their driveways with homes across the street. Chairman Cruz added that the condition is no different than any other neighborhood. Ms. Gomez discussed the eagles in the area and stated that she had pictures and the nest was in the yard across the street from her house. Commissioner Polk said the issue of the eagles would be for a different agency to handle. Page 67 of 140 Larry Gomez, 2105 N. Road 72, said that there has been a fatal accident on Road 68. He wanted to know if the City was ready to put up a traffic light on Wernett. With no further questions or comments the public hearing closed. Commissioner Polk asked what agency the public should call if they were concerned about vehicles parking on Road 72, possibly blocking the road for emergency vehicle traffic. Mr. McDonald answered that it would be the City for Road 72 and the County for Wernett. Commissioner Portugal asked what the plan is for the drainage issues. Mr. McDonald responded that when the developer submits his construction/engineering drawings, those drawings will include storm drainage design. The City Engineers will review the plans to ensure City code and the Eastern Washington Storm Water Manual are followed. Chairman Cruz noted that the Benton Franklin Health District has to permit for septic and that will have an influence on the lot sizes. Between all of those things there could be substantial changes in the design of the plat. Chairman Cruz reopened the public hearing to allow for a question from the audience. Jesse Rogers, 7309 Wernett, spoke on storm drains and ditches and that there are already drainage problems and with the addition of new homes the water tables will come up. With no further questions or comments the public hearing closed. Commissioner Lukins asked for clarification on Road 72 where there is an existing property. He asked if there would be a bump out in the road where her property exists when the road is paved/improved – would the road be widened through that existing property to be just like the rest of the road. Mr. McDonald responded that there is a problem there because the property goes to the middle of the road and the owner hasn’t dedicated it to the City. Commissioner Portugal moved, seconded by Commissioner Polk, to adopt findings of fact and conclusions therefrom as contained in the March 16, 2017 staff report. The motion passed 8 to 1 with Commissioner Mendez abstaining. Commissioner Portugal moved, seconded by Commissioner Polk, based on the findings of facts and conclusions, as adopted, the Planning Commission recommend the City Page 68 of 140 Council approve the preliminary plat for Volterra Estates with conditions as listed in the March 16, 2017 staff report. The motion passed unanimously. Page 69 of 140 AGENDA REPORT FOR: City Council March 27, 2017 TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development Regular Meeting: 4/3/17 FROM: Jeff Adams, Associate Planner Community & Economic Development SUBJECT: Special Permit: Kimberly Pack Daycare (MF# SP 2017-001) I. REFERENCE(S): Vicinity Map Proposed Resolution Report to Planning Commission Planning Commission Minutes: Dated 2/16/2017 and 3/16/2017 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No._______, granting a special permit for the location of a daycare center in an "O"(Office) District at 4013 W. Court Street, as recommended by the Planning Commission. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On February 16, 2017 the Planning Commission conducted a public hearing to determine whether or not to recommend the location of a daycare center at 4013 W. Court Street. Following the conduct of a public hearing, the Planning Commission reasoned it would be appropriate to recommend locating a daycare center at 4013 W. Court Street. No written appeal of the Planning Commission’s recommendation has been received. V. DISCUSSION: Page 70 of 140 Applicant is requesting to locate a "Toddler only" daycare center in an office zone. The daycare center would operate 5 days per week for 10.5 hours a day and would serve up to 18 children per day. Page 71 of 140 Vi c i n i t y Ma p It e m : S p e c i a l P e r m i t - D a y c a r e / P r e s c h o o l i n " O " Z o n e Ap p l i c a n t : K i m b e r l y P a c k Fi l e # : S P 2 0 1 7 - 0 0 1 SI T E Page 72 of 140 … RESOLUTION NO._______ A RESOLUTION GRANTING A SPECIAL PERMIT FOR A PRESCHOOL IN AN “O” (OFFICE) DISTRICT AT 4013 W. COURT STREET. WHEREAS, Kimberly Pack submitted an application for the location of a daycare center located at 4013 W. Court Street. (Tax Parcel 119 154 148); and WHEREAS, the Planning Commission held a public hearing on February 16, 2017 to review a special permit for the proposed daycare center; and, WHEREAS, following deliberations on March 16, 2017 the Planning Commission recommended approval of a Special Permit for the daycare 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 Kimberly Pack for a preschool in an “O” (Office)District under Master File # SP 2017-001 with the following conditions: a. The special permit shall apply to 4013 W. Court Street (Parcel #119 154 148) b. Number of children shall not exceed 18. c. The proposed playground shall not displace any required parking and shall generally conform to the site plan as submitted. d. The daycare center, owners, and staff shall conform to all applicable State of Washington Department of Early Learning (DEL) regulations. e. The special permit shall be null and void if a City of Pasco building permit for the authorized improvements is not obtained by January 1, 2018. 2. Passed by the City Council of the City of Pasco this 3rd day of April, 2017. _______________________________ Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: ________________________________ _____________________________ Sandy Kenworthy, City Clerk Leland B. Kerr, City Attorney Page 73 of 140 1 REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 2017-001 APPLICANT: Kimberly Pack HEARING DATE: 02/16/17 3605 W. Ruby St ACTION DATE: 03/16/17 Pasco WA 99301 BACKGROUND REQUEST FOR SPECIAL PERMIT: Location of a daycare center in an “O” Zoning District 1. PROPERTY DESCRIPTION: Legal: Lot 5, Block 2, Mottner’s 2nd Addition, Less ROW Easement General Location: 4013 W. Court Street (Parcel #119 154 148) Property Size: Approximately .3 acres. 2. ACCESS: The site has access from W. Court Street 3. UTILITIES: The site is served by municipal water and sewer. 4. LAND USE AND ZONING: The property is currently zoned “O” (Office), and developed with an office building. Surrounding properties are zoned as follows: North R-1 - Single-family dwelling units East “O” - Office South RS-12- Single-family dwelling units West “O” - Office 5. COMPREHENSIVE PLAN: The site is designated in the Comprehensive Plan for commercial uses. The Plan does not specifically address daycare centers, but elements of the Plan encourage the promotion of orderly development including the development of zoning standards for off-street parking and other development. 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 74 of 140 2 ANALYSIS Applicant is requesting to locate a “Toddler only” daycare/preschool center in an office zone. The daycare/preschool center would be located at 4013 W. Court Street. Court Street is an arterial street. The Infant/Toddler center would serve 18 children ages 1-2½, and would utilize 3 teachers and 2 directors. Daycare/preschool centers serving over 12 children per day require review via the Special Permit process. The location contains a 1,600 square-foot office building. Applicant wishes to convert the office space to a classroom with kitchen and separate hand washing sinks and diaper changing stations. A small playground would be added outside to the rear of the building (see site plan). Applicant currently operates a licensed Childcare/Preschool center at 3605 W Ruby Street in Pasco which operates Monday through Friday from 7:00 am to 5:30 pm. Pasco Municipal Code 25.78.170 requires one parking space for each employee and one space per 6 children. With a proposed 18-child center the maximum on-site parking requirement for this site would be 5 stalls for employees plus 3 stalls for children’s parents/guardians, for a total of 8 stalls. There are currently at least 14 parking stalls on-site. The proposed playground as shown on the application will likely displace 2 to 4 parking spaces near the rear doors of the building. This would still leave 10-12 spaces for parents/guardians and staff. The center would be required to meet all Department of Early Learning requirements. PRELIMINARY 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 wishes to locate a daycare/preschool center for 18 children ages 1-2½, in an office zone. 2. Daycare/preschool centers serving over 12 children per day require review via the Special Permit process. 3. The Infant/Toddler center would utilize 3 teachers and 2 directors. Page 75 of 140 3 4. The daycare/preschool center would be located at 4013 W. Court Street. 5. Court Street is an arterial street. 6. The location contains a 1,600 square-foot office building. 7. Applicant plans to convert the office space to a classroom with kitchen and separate hand washing sinks and diaper changing stations. 8. A small playground would be added outside to the rear of the building (see site plan). 9. Applicant currently operates a licensed Childcare/Preschool center at 3605 W Ruby Street in Pasco which operates Monday through Friday from 7:00 am to 5:30 pm. 10. Pasco Municipal Code 25.78.170 requires one parking space for each employee and one space per 6 children. 11. With a proposed 18-child center the maximum on-site parking requirement for this site would be 5 stalls for employees plus 3 stalls for children’s parents/guardians, for a total of 8 stalls. 12. There are currently at least 14 parking stalls on-site. 13. The proposed playground as shown on the application will likely displace 2 to 4 parking spaces near the rear doors of the building, leaving 10-12 spaces for parents/guardians and staff. 14. The center would be required to meet all Department of Early Learning requirements. 15. The Daycare Center, owners, and staff will be required to be licensed by the State of Washington Department of Early Learning (DEL) and conform to regulations found in WAC 170-295. PRELIMINARY 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: Page 76 of 140 4 (1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The site is identified in the Comprehensive Plan for Commercial uses. The Plan encourages the promotion of orderly development including the development of zoning standards for off-street parking and other development standards. (2) Will the proposed use adversely affect public infrastructure? The site is served by all municipal utilities and the local street network. Court Street was designed to handle commercial traffic. The proposed daycare center will likely operate 10.5 hours per day 5 days per week (7:00 am-5:30 pm). (3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The intended character of the area is primarily commercial. The proposed use would be operated as a commercial enterprise. (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 proposed daycare center would be located in an existing structure and run as a commercial enterprise in an Office zone. The use would not be any more intensive than other uses permitted in the Office zone. (5) Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? The proposed daycare center would not generate more noise, fumes vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the Office Zoning District. (6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in any way become a nuisance to uses permitted in the district? The proposed daycare center would not create nuisance conditions or endanger public health or safety any more than the operation of any permitted uses within the Office Zoning District. PROPOSED APPROVAL CONDITIONS Page 77 of 140 5 1) The special permit shall apply to 4013 W. Court Street (Parcel #119 154 148) 2) Number of children shall not exceed 18. 3) The proposed playground shall not displace any required parking and shall generally conform to the site plan as submitted. 4) The daycare center, owners, and staff shall conform to all applicable State of Washington Department of Early Learning (DEL) regulations. 5) The special permit shall be null and void if a City of Pasco building permit for the authorized improvements is not obtained by January 1, 2018. RECOMMENDATION MOTION: I move to adopt findings of fact and conclusions therefrom as contained in the March 16, 2017 staff report. MOTION: I move, based on the findings of fact and conclusions therefrom, the Planning Commission recommend the City Council grant a special permit for the location of a daycare center at 4013 W. Court Street (Parcel #119 154 148), with conditions as listed in the March 16, 2017 staff report. Page 78 of 140 Vi c i n i t y Ma p It e m : S p e c i a l P e r m i t - D a y c a r e / P r e s c h o o l i n " O " Z o n e Ap p l i c a n t : K i m b e r l y P a c k Fi l e # : S P 2 0 1 7 - 0 0 1 SI T E Page 79 of 140 It e m : S p e c i a l P e r m i t - D a y c a r e / P r e s c h o o l i n " O " Z o n e Ap p l i c a n t : K i m b e r l y P a c k Fi l e # : S P 2 0 1 7 - 0 0 1 La n d U s e Ma p SF D U s Ch u r c h Comm. Of f i c e Va c a n t Va c a n t Of f i c e Sc h o o l S F D U s SI T E Page 80 of 140 C - 1 It e m : S p e c i a l P e r m i t - D a y c a r e / P r e s c h o o l i n " O " Z o n e Ap p l i c a n t : K i m b e r l y P a c k Fi l e # : S P 2 0 1 7 - 0 0 1 RS - 1 2 C-1 "O " C-1R-1 R - 1 SI T E R- 1 RS - 1 2 Zo n i n g Ma p Page 81 of 140 I ---;ct- _J -- 1J') s:i y- ;s ~ c::.. = ~ t ~ <""" I 7'\. 'O 0 f + -~ ...... ..---T"--"'f----r----f- -< c::;:; e:;::.> +~ l i I l l , --+- I .. -+ --i ~ I t t Page 82 of 140 Si t e Page 83 of 140 Lo o k i n g N o r t h Page 84 of 140 Lo o k i n g E a s t Page 85 of 140 Lo o k i n g S o u t h Page 86 of 140 Lo o k i n g W e s t Page 87 of 140 -1-   PLANNING COMMISSION MINUTES 2/16/17 PUBLIC HEARINGS: B. Special Permit Location of a daycare center in an “O” Zoning District (Kimberly Pack) (MF# SP 2017-001) Chairman Cruz 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 daycare center in an ‘O’ (Office) Zoning District. Adjacent zoning designations to the proposed site include; R-1 (Low Density Residential), R-12 (Suburban) and ‘O’ (Office). The applicant is proposing 18 small children (infants/toddlers) utilize the property for the daycare and preschool services and has requested the Planning Commission’s approval. Parking is not an issue on this site. There are a required total of 8 stalls. It is likely that 3-4 parking stalls might be used for playground space in conformance with WA Administrative Code Guidelines which would still leave 8 parking stalls – enough for the anticipated usage and number of teachers needed for the proposed student load. There have been findings proposed that would indicate approval of this application. Conditions #14 and #15 in the staff report or “catch all” findings that require conformance with state regulations as they go into far more detail and guidelines. Kimberly Pack, 3605 W. Ruby Street, spoke on behalf of her application. She passed out a packet to the Commissioner’s and to Staff to be entered into the record. The packet contained information about the center, including the parent handbook. They currently have a center open on Ruby Street and are already a licensed provider with over 10 years of experience. Chairman Cruz clarified that the request was for a center consisting of 18 children, 3 teachers and 2 directors. There were 4 letters of support from potential customers and an introductory packet was provided. Commissioner Bowers asked the applicant if she was planning to move the current playground. Ms. Pack responded no. Commissioner Bowers stated that she is starting a new one. Commissioner Bykonen asked if there was direct access out of the building in the rear. It was clarified on a drawing that there was a back door. With no further questions or comments the public hearing closed. Commissioner Bowers 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 March 16, 2017 meeting. The motion passed unanimously. Respectfully submitted, David McDonald, City Planner Page 88 of 140 -1-   PLANNING COMMISSION MINUTES 3/16/17 OLD BUSINESS: A. Special Permit Location of a Daycare in an “O” (Office) Zone (Kimberly Pack) (MF# SP 2017-001) Chairman Cruz 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 daycare in an “O” (Office) zone. There were no additional comments. Commissioner Roach moved, seconded by Commissioner Portugal to adopt findings of fact and conclusions therefrom as contained in the March 16, 2017 staff report. The motion passed unanimously. Commissioner Roach moved, seconded by Commissioner Portugal, based on the findings of fact and conclusions therefrom, the Planning Commission recommend the City Council grant a special permit for the location of a daycare center at 4013 W. Court Street (Parcel # 119-154-148), with the conditions as listed in the March 16, 2017 staff report. The motion passed unanimously. Respectfully submitted, David McDonald, City Planner Page 89 of 140 AGENDA REPORT FOR: City Council March 29, 2017 TO: Dave Zabell, City Manager Regular Meeting: 4/3/17 FROM: Stan Strebel, Deputy City Manager Executive SUBJECT: Land Sale to A-1 Properties LLC I. REFERENCE(S): Proposed Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. _____, approving the sale of certain real property on 20th Avenue near Argent Road. III. FISCAL IMPACT: Approximately $1,067,000 if all phases (1-2) are sold. IV. HISTORY AND FACTS BRIEF: In June of 2016, Council authorized the execution of a purchase and sale agreement with CBC Student Housing, LLC for the purpose of constructing student housing on approximately on-half of the City's 10-acre parcel at the southeast corner of 20th Avenue and Argent. The City has negotiated with A-1 Properties LLC for the purchase of the remaining half of the property to be developed, in two phases, in service commercial and/or a hotel (phase 2). The development of the property will provide support both to the college as well as the newly-expanded airport, while increasing business opportunities in the City at-large and enhancing the City's sales tax base. If all phases of the project are constructed, the total land sale will be up to 4.9 acres. The sales price is $5.00 sqft, which will be indexed to inflation after January 2020. V. DISCUSSION: Page 90 of 140 Staff is continuing to work with A-1 Properties LLC to refine the details of the sale, and the project, coordinating with the developm ent, currently underway, of the CBC housing project. Staff recommends approval of the resolution. Page 91 of 140 RESOLUTION NO. A RESOLUTION of the City of Pasco, Washington, approving the sale of certain real property on 20th Avenue near Argent Road. WHEREAS, the City owns real property at the intersection of 20th and Argent Road for development purposes; and WHEREAS, A-1 Properties LLC has petitioned the City to sell a portion of said property for the purpose of developing retail/service commercial and/or hotel facilities; and WHEREAS, a proposal has been submitted to the City by A-1 Properties LLC for the purpose of constructing such facilities to be built upon up to 4.9 acres of a portion of the City’s property; WHEREAS, the City Council finds as follows: 1. That the sale of the property for the stated development purposes, advances the economic development and financial sustainability goals of the City Council; and 2. That the proposed purchase price of $5.00 per square foot is reasonably in line with the City’s appraised value (9/16) of the property of $5.65/sq. ft.; and 3. That the benefits to be derived from the proposed development, and development schedule, in terms of property tax base, sales tax base and expanded service and business opportunities in the community, demonstrate a value in excess of the appraised value to the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES RESOLVE AS FOLLOWS: Section 1. That the City sale of certain real property consisting of up to 4.9 acres to A-1 Properties, LLC, for the purpose of developing retail/service commercial and/or hotel facilities, according to the terms as described in the Purchase and Sale Agreement, attached hereto as Exhibit A, is hereby approved. Section 2. That the City Manager is hereby authorized to execute all documents necessary to effect the sale of the property in accordance with the Purchase and Sale Agreement. PASSED by the City Council of the City of Pasco at a regular meeting this 3rd day of April, 2017. Matt Watkins, Mayor ATTEST: Sandy Kenworthy, Interim City Clerk Leland B. Kerr, City Attorney Page 92 of 140 Purchase and Sale Agreement–A-1 Properties LLC - Page 1 PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (hereinafter “Agreement”) is entered into on this ___ day of _______, 2017, between the City of Pasco, a Washington Municipal Corporation (hereinafter “City”) and A-1 Properties LLC, (hereinafter “Purchaser”) for establishing the terms and conditions for the sale of real property (hereinafter “Property”) legally described as set forth below: A portion of that certain real property designated as Parcel ID Number 113300258, approximately 4.9 acres in size, as shown on Exhibit A, which is attached hereto and incorporated by this reference. The Parties agree that once a survey is completed and the property is segregated as set forth below in Section 4 that the parties shall execute an amendment to this Agreement to include the final legal descriptions. RECITALS WHEREAS, City is the owner of real property located in Franklin County, Washington, which real property is described more particularly in Section 4 below; and WHEREAS, City wishes to sell such real property and Purchaser wishes to purchase such property under certain terms and conditions as set forth below; NOW, THEREFORE, In consideration of the mutual covenants contained herein, the parties agree as follows: 1. Purchase and Sale. City agrees to sell, and Purchaser agrees to purchase: (a) The property as generally described above and or particularly determined as provided in Section 4 below. (b) All development rights relating to the real property; (i) all rights to obtain utility service in connection with the real property; (ii) assignable licenses and other governmental permits and permissions relating to the real property and the operation thereof. (c) The land, improvements, and appurtenances which constitute real property are hereafter collectively defined as the “Real Property.” All of the Property included by reference within the foregoing paragraphs 1(a) through 1(c), both real and personal, is hereinafter collectively referred to as the “Property.” (d) Conditions of sale: (1) The property, Parcel 1 shall be developed as retail and commercial leased space to include: dining and convenience food service, service oriented businesses such as cleaners, salons and barber shops, etc.; Parcel 2 shall be Page 93 of 140 Purchase and Sale Agreement–A-1 Properties LLC - Page 2 developed as a hotel or with a continuation of the retail and commercial development as in Parcel 1. (2) The property shall be developed substantially in accordance with the development plan as designated in Exhibit B, which is attached hereto and incorporated by this reference. However, the parties acknowledge that Purchaser shall be entitled to make reasonable modifications to the development plan as reasonably needed but subject to the City’s written approval, which shall not be unreasonably denied. (3) This Agreement is conditioned upon final approval of the City Council of the City of Pasco prior to closing as required by PMC 2.46. 2. Purchase Price/Financing. The purchase price for the Property shall be $5.00 per square foot. The City represents that the Property totals approximately 4.9 acres. The purchase price will be based upon the square footage defined in such survey. The purchase price is payable in cash to the City at closing subject to the Phased Options as provided in Section 5 below. 3. Method of Payment. Within ten (10) business days of the effective date of this Agreement, Purchaser will deposit with Benton-Franklin Title Company (escrow agent), an earnest money deposit in the sum of Twenty-Five Thousand and 00/100ths Dollars ($25,000.00), which shall be held in an interest bearing trust account. This deposit shall be applied to the purchase price. (a) Purchaser agrees that the earnest money deposit shall be paid to City if the sale does not close after Purchaser has removed all contingencies in writing. (b) Upon closing, Purchaser shall electronically transfer proceeds of Purchaser’s financing for the balance of the purchase price or issue a cashier’s check in the amount of the purchase price to the escrow agent. 4. Survey. (a) The City shall, at the City’s sole expense, within twenty (20) days following the effective date of this Agreement, provide a current survey showing both Parcel 1 and Parcel 2 divisions of the Property and shall: (1) Provide a metes and bounds legal description of each parcel of the Property. (2) Calculate the exact square footage of the parcels upon which the purchase price as provided in Section 2 above shall be calculated. (3) Identify the common roadway location. Page 94 of 140 Purchase and Sale Agreement–A-1 Properties LLC - Page 3 (b) Purchaser shall have fifteen (15) days from the date of delivery of the survey to revoke, by written notice, this Agreement at which time this Agreement shall be null and void and the Purchaser shall be entitled to the return of their earnest money deposit. If the Purchaser fails to object, or waive its notice to object, the survey shall be the acknowledged basis upon which the purchase price shall be calculated as provided in Section 2 above. (c) The City shall, at City’s expense, within thirty (30) days following the Purchaser’s waiver, or expiration of its objection, secure a lot segregation for creating Parcel 1 and Parcel 2, and a sub-lot segregation which shall be effective upon closing. (d) Purchaser shall be entitled to use such segregation survey to complete an ALTA survey for the purpose of getting extended title insurance at its own expense. 5. Phased Option. (a) Purchaser, by its initial below, elects a phased purchase of the Property. Upon such election, Purchaser shall purchase Parcel 1. The legal description including the square footage shall be utilized for the calculation of the purchase price at $5.00 per square foot, which purchase shall be closed as provided in Section 11 and Section 12 below. (b) Following closing on Parcel 1, Purchaser shall have an option to purchase Parcel 2 on or before January 1, 2022. If Purchaser exercises the option to purchase Parcel 2 on or before January 1, 2020, the purchase price shall be the same as stated in paragraph 5(a), above. In the event purchaser does not exercise the option to purchase Parcel 2 until after January 1, 2020, the purchase price shall be increased by an amount equal to the increase in the Consumer Price Index (CPI- U) between the date of closing as provided in Section 11 below, and the date of closing purchase of Parcel 2. After January 1, 2020, should another buyer make a bona fide written offer, which is in excess of the purchase price as set herein, on Parcel 2 prior to Purchaser exercising the above option, Purchaser shall have the first right of refusal to initiate an immediate [within thirty (30) days] purchase of Parcel 2 at the offered price of the bona fide offer. In the event that purchaser fails to exercise its right of refusal, all further remaining provisions related to Parcel 2 shall be terminated. (c) As a condition for exercising the purchase option, the Purchaser shall faithfully perform all terms and conditions of this Agreement including those documents incorporated by reference. City’s Initials _______ Purchaser’s Initials _______ By the initials above, the parties agree to a phased purchase option as described above. Page 95 of 140 Purchase and Sale Agreement–A-1 Properties LLC - Page 4 6. Title. Title to the Property is to be so insurable at closing under terms of the title policy required to be delivered by City under terms of Section 7 hereof. All title insurance charges for the policy referenced in Section 7 below in the amount of the purchase price shall be equally divided between the parties, except for the cost of any special endorsements requested by Purchaser and cancellation fees shall be paid by Purchaser. 7. Preliminary Commitment. Within fifteen (15) days from the last party’s execution of this agreement, City shall furnish Purchaser with a preliminary report/commitment from Benton-Franklin Title for an ALTA owner’s policy of title insurance with respect to the Real Property, together with a copy of each document forming the basis for each exception referenced therein. Purchaser shall advise City of any title objections within forty-five (45) days of its receipt of the report/commitment or within 30 days of the completion of the ALTA survey, whichever is later, to remove all exceptions or conditions in the title commitment. If within twelve (12) days after its notice to City, Purchaser have not received evidence satisfactory to it that such unsatisfactory items can and will be removed at or prior to closing at City’s sole cost and expense, then Purchaser may elect to (a) terminate this Agreement and receive a full refund of the deposit, (b) waive such defects, or (c) continue this Agreement in effect pending their removal. Removal of unsatisfactory items or their waiver shall be a condition of closing. If Purchaser does not make an election within forty (40) days of completion and acceptance of the survey as outlined in Section 4 b above, Purchaser shall be deemed to have waived the defects. 8. Due Diligence; Inspection Period. (a) Within fifteen (15) days following the effective date of this Agreement, City shall provide Purchaser with the title commitment described in Section 7 above, together with all relevant documents relating to the Property, including but not limited to copies of all easement, lot segregation and all other covenants and restrictions with respect to all or portions of the Property; and all existing surveys and other reports and studies relating to the Property or its use or development in the possession of City. (b) Purchaser shall have one hundred-fifty (150) days from the completion and acceptance of the survey as outlined in Section 4 b above (the “Inspection Period”) within which to conduct an examination of the Property, including examinations of title, engineering tests, soils tests, water percolation tests, ground water tests, environmental examinations, market studies, appraisals, and any other tests or inspections which Purchaser shall have deemed necessary or desirable for the purpose of determining whether the Property is suitable for his intended uses. On or before the expiration of the Inspection Period, the Purchaser shall notify City in writing, with a copy to Escrow Agent, whether Purchaser intends to purchase the Property or terminate this Agreement. If Purchaser elects to purchase the Property, then the Inspection Period shall terminate and Purchaser’s obligation to purchase and City’s obligation to sell the Property shall remain, subject to the other terms and conditions of this Agreement. If Purchaser elects not to purchase Page 96 of 140 Purchase and Sale Agreement–A-1 Properties LLC - Page 5 the Property, then this Agreement shall be void and of no further force and effect, and the deposit shall be returned to Purchaser. In the event Purchaser fails to notify City in writing of its election to purchase the Property or terminate this Agreement prior to the expiration of the Inspection Period, then Purchaser shall be deemed to have elected to terminate this Agreement. (c) Purchaser shall have the option to extend the Inspection Period by up to two (2) additional terms of forty-five (45) days upon the payment of a non-refundable deposit of five thousand ($5,000) dollars for each such extension. Such deposits shall be applied to the purchase price. (d) Purchaser agrees to repair any damage to the Property resulting from any activities of Purchaser or his agents or consultants on the Property before closing. Purchaser agrees to defend, indemnify and hold the City harmless from any and all damages, expenses, claims, or liabilities (including but not limited to attorney’s fees and costs) arising out of any activities of Purchaser or his agents or consultants on or about the Property before closing, except to the extent that the same results from the City’s negligence. Purchaser shall not be liable for any inspection claim resulting from Purchaser’s discovery of any pre-existing condition (including, but not limited to, the existence of any hazardous materials) in, on, under or about the Property or any exacerbation of a pre-existing condition in, on, under or about the Property, except to the extent that the exacerbation results from the negligent act or omission of Purchaser or his agents or consultants. (e) Purchaser’s option to purchase Property is conditioned upon Purchaser constructing and operating a retail/commercial area or hotel, pursuant to the conditions of sale per Section 1(d) and Purchaser’s obligation herein shall be included as a covenant that runs with the land as a deed restriction on the property as provided in Exhibit C. (f) City has entered into a Purchase and Sale Agreement with CBC Student Housing, LLC, for the sale of approximately the east one-half of City’s original, approximate 10 acre parcel (I.D. Number: 113300255) for the purpose of development of student housing solely for students of Columbia Basin College. The Agreement includes a development plan (Exhibit C of the said Agreement, which is attached hereto as Exhibit D) which sets forth the several onsite and offsite improvements, together with the responsibility for installation, which are to be installed as development occurs. 9. Pro-rations. Real Property taxes, assessments, water and other utilities, and all other expenses for the month of closing, shall be prorated as of closing. All expenses, fees and sums owing or incurred for the Property for periods prior to closing shall be paid by City, when and as due. Page 97 of 140 Purchase and Sale Agreement–A-1 Properties LLC - Page 6 10. Possession. Purchaser shall be entitled to sole possession of the Property at closing, subject only to the rights, if any, of tenants in possession under the leases. 11. Closing. Closing, for at least Parcel 1, shall occur within one hundred and twenty (120) days of the conclusion of Purchaser’s Inspection Period as provided in Section 8 above, but in no event later than May 1, 2018. (a) At closing City will deposit in escrow a duly executed statutory warranty deed covering the Property; a FIRPTA affidavit; and all other documents and monies required of it to close this transaction in accordance with the terms hereof. All such documents shall be in form satisfactory to Purchaser’s counsel. (b) At closing Purchaser will deposit in escrow the monies required of it to close the transaction in accordance with the terms hereof. 12. Closing Costs. All recording fees on the deed and the escrow fee shall be equally divided between the parties. The City shall pay all excise, transfer, sales and other taxes, if any, incurred in connection with the sale and the title insurance premium to obtain a Washington Land Title Association standard form Purchaser’s or Owner’s Policy of Title Insurance. Purchaser shall pay the additional cost of any extended title insurance and any special endorsements it requests. The City shall bear all costs associated with the lot segregation. Each party shall bear its own attorneys’ fees, except as otherwise expressly provided herein. 13. Forfeiture of Earnest Money Deposit - Liquidated Damages. As an inducement to develop the Property in a manner that brings economic development to the City, the parties agree to the following liquidated damages in the event that Purchaser fails, without legal excuse after the inspection period, to complete the purchase of the Property or fulfill the terms and obligations set forth in Section 3. The earnest money/deposit shall be forfeited to the City as the sole and exclusive remedy available to the City for such failure to purchase. In the event City defaults hereunder, Purchaser may pursue all remedies at law or equity, including the right to specific performance, an action for damages, or termination and return of its earnest money. City’s Initials _______ Purchaser’s Initials _______ 14. Reversionary Clause and Option to Repurchase/Reclaim. (a) This Property is being sold to Purchaser in anticipation of the development of retail/commercial leased space and/or a hotel. (b) The Purchaser acknowledges that the purchase price and consideration given by City are related to the City’s goals of economic development and lost opportunities for development would arise if Purchaser fails to begin construction of the anticipated development. Page 98 of 140 Purchase and Sale Agreement–A-1 Properties LLC - Page 7 (c) Unless the failure to commence construction is related to the items identified in Section 19(f), below, if the Purchaser fails to submit an application to City for approval of a site plan and building plans consistent with subsection (a) above, within six (6) months of Closing, the City reserves the right to reclaim title to this Property. If the Purchaser does not initiate construction within twelve (12) months of Closing, City reserves the right to reclaim title to this Property. The City shall reclaim this Property by refunding 90% of the original Purchase Price as determined in Section 3 above. In such event, the City shall issue such refund first to any mortgagor or lien holder on the property to first satisfy any mortgage or lien, prior to issuing any refund to Purchaser. In the event Purchaser elects the phased option provided in Section 5 above, this right of reverter shall apply to each of the parcels purchased independently. The City will not assume any liability for expenses incurred by Purchaser in conducting this transaction. Purchaser agrees to re-convey title to the City within sixty (60) days of receipt of notification of City’s decision to seek reconveyance of Property. This right of reverter is exclusive to the City and shall be exercised at the sole discretion of the City. (d) This possibility of reverter survives forty-eight (48) months after closing or until such time as building commences, whichever is earlier. The City shall be under no obligation to exercise this possibility of reverter. This reversionary clause shall survive the delivery of the Deed, but shall automatically lapse upon expiration of the time periods herein and City shall execute such further documents as Purchaser shall request to release same. (e) The same possibility of reverter provisions in this section shall also apply to any to any purchase of Parcel 2 by Purchaser. 15. Covenant Not to Compete. The Seller, City of Pasco, warrants as a part of consideration for this transaction and as inducement for the Purchaser to purchase the property, that it shall not, for a period of eight (8) years from the date of Purchaser receiving an occupancy permit, sell real property owned by the Seller within five (5) miles of the property to be developed or used for hotel/motel purposes without the prior written consent of the Purchaser. 16. Counterparts. This Agreement may be signed in counterparts which, taken together, shall constitute the complete Agreement. 17. Actions During Term. During the term hereof, City shall not enter into any lease or other agreement affecting the Property or its operation, or modify, extend or otherwise change the terms of any lease or other agreement affecting the Property or its operation or otherwise permit any change in the status of title to the Property without Purchaser’s prior written consent. 18. Assignment. Purchaser may not assign Purchaser’s interest in this Agreement without City’s prior written consent, which shall not be unreasonably denied. Page 99 of 140 Purchase and Sale Agreement–A-1 Properties LLC - Page 8 19. City’s Warranties; Indemnity. City makes the following representations and warranties, which shall be deemed remade as of the closing date: (a) The Property and improvements are not in violation of any applicable covenant, condition or restriction or any applicable statute, ordinance, regulation, order, permit, rule or law, including, without limitation, any building, private restriction, zoning or environmental restriction. (b) Other than the obligations of record, there are no obligations in connection with the Property, which will be binding upon Purchaser after closing other than liability for the payment of real estate taxes and utility charges. (c) There are no claims, actions, suits or governmental investigations or proceedings existing or, to the best of City’s knowledge, threatened against or involving City or the Property (including, without limitation, any condemnation or eminent domain proceeding or matter related to the formation of or assessment by a local improvement district) and City has received no written notice thereof. (d) All insurance policies now maintained on the Property will be kept in effect, up to and including the closing. City has received no notice from any insurance company or rating organization of any defects in the condition of the Property or of the existence of conditions which would prevent the continuation of existing coverage or would increase the present rate of premium. (e) There are no leases affecting the Property. (f) The Property is currently zoned C-1 (Commercial) which will accommodate the intended use of the property as specified in Section 1(d). The City specifically reserves the right to condition approval of development on building layout, exterior treatments (aesthetics and open space), parking lot design/capacity, building height, and such other conditions as may be required to insure the compatibility of the intended use with its surrounding existing uses. (g) There are no commissions due to any real estate broker or agent that arise from this Agreement. (h) All such representations and warranties shall be reaffirmed by City as true and correct as of the Closing Date and shall survive the Closing for a period of two (2) years. If, prior to closing, City becomes aware of any fact or circumstance which would change a representation or warranty, then City will immediately give notice of such changed fact or circumstance to Purchaser, but such notice shall not relieve the City of its obligations hereunder. Page 100 of 140 Purchase and Sale Agreement–A-1 Properties LLC - Page 9 20. Environmental Indemnification. (a) City will defend, indemnify, and hold Purchaser and his partners, agents and employees and assignee (collectively, the “Indemnified Parties”) harmless from and against any and all claims, obligations, damages, causes of action, costs and expenses, losses, fines, penalties, and liabilities, including, without limitation, attorneys’ fees and costs, imposed upon or incurred by or asserted against an Indemnified Party arising out of or in connection with the occurrence of any of the following: (i) prior to closing: (A) any Environmental Matter affecting or relating to the Property arising out of City’s use and ownership of the Property; or (B) any violation of any Environmental Law by City with respect to the Property; and (ii) subsequent to closing: (C) the manufacture, storage, sale, use, disposal, release, or discharge of Hazardous Substance in, on or under the Property by City; or (D) any violation of any Environmental Law by City with respect to the Property. City shall also be responsible for all costs, expenses, fines, and penalties arising out of or in connection with the investigation, removal, remediation, clean- up, and restoration work resulting from the matters described in the preceding sentence. City represents that to the best of its knowledge, after reasonable inquiry, it is not aware of any violation of any Environmental Laws relating to the Property, any Hazardous Materials located on the Property or any Environmental Matter relating to the Property. City’s obligations and representations under this Section 20 shall survive closing. (b) “Environmental Laws” shall mean any federal, state or local laws, ordinance, permits or regulations, or any common law, regarding health, safety, radioactive materials or the environment, including but not limited to, the following federal statutes: Clean Air Act (42 U.S. C. §§ 7401 et seq.) (“CAA”), Clean Water Act (33 U.S.C. §§ 1251 et seq.) (“CWA”), Resource Conservation and Recovery Act (42 U.S.C. §§ 6091 et seq.) (“RCRA”), Comprehensive Environmental Response Compensation and Liability Act (42 U.S.C. §§ 9601 et seq.) (“CERCLA”), Emergency Planning and Community Right-To-Know Act (41 U.S.C. §§ 11001 et seq.) (“EPCRA”), Safe Drinking Water Act (42 U.S.C. §§ 300f et seq.) (“SDWA”), Hazardous Material Transportation Act of 1975 (49 U.S.C. §§ 1801 et seq.) (“HMTA”), Toxic Substances Control Act (15 U.S.C. §§ 2601 et seq.) (“TSCA”), Endangered Species Act of 1973 (16 U.S.C. §§ 1531 et seq.) (“ESA”), Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. §§ 136 et seq.) (“FIFRA”), the Occupational Safety and Health Act (29 U.S.C. §§ 651 et seq.) (“OSHA”), the Washington Model Toxics Control Act (RCW Chapter 70.150D) (“MTCA”), or the Hazardous Waste Management Act (RCW Chapter 70.105) (“HWMA”), each as amended, and any regulations promulgated thereunder, guidance and directives issued with respect thereto, or policies adopted by the applicable authorities thereunder. (c) “Hazardous Substances” shall mean: (i) any radioactive materials; (ii) any substance or material the transportation, storage, treatment, handling, use, removal or release of which is subject to any Environmental Law; or (iii) any Page 101 of 140 Purchase and Sale Agreement–A-1 Properties LLC - Page 10 substance or material for which standards of conduct are imposed under any Environmental Law. Without limiting the generality of the foregoing, “Hazardous Substances” shall include: asbestos and asbestos-containing materials (whether or not friable); urea-formaldehyde in any of its forms; polychlorinated biphenyls; oil, used oil; petroleum products and their by-products; lead-based paint; radon; and any substances defined as “hazardous waste,” “hazardous substances,” “pollutants or contaminants,” “toxic substances,” “hazardous chemicals,” “hazardous pollutants,” or “toxic chemicals “under the CAA, CWA, RCRA, CERCLA, EPCRA, SDWA, HMTA, TSCA, OSHA, MTCA or HWMA. (d) “Environmental Matter” shall mean any of the following: (i) the release of any Hazardous Substance on or at the Property or any other property; (ii) the migration of any Hazardous Substance onto or from the Property; (iii) the environmental, health or safet y aspects of transportation, storage, treatment, handling, use or release, whether any of the foregoing occurs on or off the Property, of Hazardous Substances in connection with the operations or past operations of the Property; (iv) the violation, or alleged violation with respect to the Property, of any Environmental Law, order, permit or license of or from any governmental authority, agency or court relating to environmental, health or safety matters; (v) the presence of any underground storage tanks within the confines of the Property; (vi) the presence of wetlands within the confines of the Property; (vii) the presence of any endangered species on, in or around the Property; or (viii) soil, groundwater and surface conditions on, in or around the Property which may have an adverse effect upon the use or value of the Property. 21. Costs and Expenses. Except as otherwise expressly provided herein, each party hereto will bear its own costs and expenses in connection with the negotiation, preparation and execution of this Agreement, and other documentation related hereto, and in the performance of its duties hereunder. 22. Notices. All notices provided for herein may be delivered in person, sent by commercial overnight courier, telecopied or mailed by U.S. registered or certified mail, return receipt requested, and, if mailed, shall be considered delivered three (3) business days after deposit in such mail. The addresses to be used in connection with such correspondence and notices are the following, or such other address as a party shall from time-to-time direct: City: City of Pasco P. O. Box 293 525 North 3rd Pasco, WA 99301 Attn: Dave Zabell, City Manager (509) 545-3404 Page 102 of 140 Purchase and Sale Agreement–A-1 Properties LLC - Page 11 Purchaser: A-1 Properties LLC 21505 Cottonwood Drive Kennewick, WA 99338 Attn: Vijay Patel, President (541) 310-1749 23. Miscellaneous. (a) Further Documentation. Each of the parties agrees to execute, acknowledge, and deliver upon request by the other party any document which the requesting party reasonably deems necessary or desirable to evidence or effectuate the rights herein conferred or to implement or consummate the purposes and intents hereof, so long as such imposes no different or greater burden upon such party than is otherwise imposed hereunder. (b) Headings. The headings in this Agreement are for convenience only and do not in any way limit or affect the terms and provisions hereof. (c) Calculation of Time Periods. Unless otherwise specified, in computing any period of time described in this Agreement, the day of the act or event after which the designated period of time begins to run is not to be included and the last day of the period so computed is to be included, unless such last day is a Saturday, Sunday or legal holiday. The final day of any such period shall be deemed to end at 5 p.m., Pacific Time. (d) Time of Essence. Time is of the essence of this Agreement. (e) Gender. Wherever appropriate in this Agreement, the singular shall be deemed to refer to the plural and the plural to the singular, and pronouns of certain genders shall be deemed to include either or both of the other genders. (f) Exhibits. The Exhibits referred to herein and attached to this Agreement are incorporated herein as if set forth in full. (g) Unenforceability. If any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the remainder of such provision or any other provisions hereof. (h) Amendment, Modifications. This Agreement may not be altered, amended, changed, waived, terminated or modified in any respect or particular unless the same shall be in writing and signed by or on behalf of the party to be charged therewith. Page 103 of 140 Purchase and Sale Agreement–A-1 Properties LLC - Page 12 24. Attorneys’ Fees. If any lawsuit or arbitration arises in connection with this Agreement, the substantially prevailing party therein shall be entitled to receive from the losing party, the substantially prevailing party’s costs and expenses, including reasonable attorneys’ fees incurred in connection therewith, in preparation therefore and on appeal therefrom, which amounts shall be included in any judgment entered therein. 25. Waiver. A party may, at any time or times, at its election, waive any of the conditions to its obligations hereunder, but any such waiver shall be effective only if contained in writing signed by such party. No waiver shall reduce the rights and remedies of such party by reason of any breach of any other party. No waiver by any party of any breach hereunder shall be deemed a waiver of any other or subsequent breach. 26. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Washington. 27. Facsimile Signatures. Each party (a) has agreed to permit the use, from time-to-time and where appropriate, of telecopied signatures in order to expedite the transaction contemplated by this Agreement, (b) intends to be bound by its respective telecopied signature, (c) is aware that the other will rely on the telecopied signature, and (d) acknowledges such reliance and waives any defenses to the enforcement of the documents effecting the transaction contemplated by this Agreement based on the fact that a signature was sent by telecopy. 28. REMEDIES. IF PURCHASER FAILS, AFTER THE REMOVAL OF ITS CONTINGENCIES, AND WITHOUT LEGAL EXCUSE, TO COMPLETE THE PURCHASE OF THE PROPERTY, THE DEPOSIT SHALL BE FORFEITED TO CITY AS LIQUIDATED DAMAGES AND THE SOLE AND EXCLUSIVE REMEDY TO CITY FOR SUCH FAILURE. IN THE EVENT OF CITY’S DEFAULT, PURCHASER MAY PURSUE ANY REMEDY AVAILABLE AT LAW OR IN EQUITY, INCLUDING SPECIFIC PERFORMANCE. _____________________________ ________________________________ City’s Initials _______ Purchaser’s Initials _______ 29. Entire Agreement. This Agreement and the exhibits hereto constitute the entire agreement among the parties with respect to the subject matter hereof and supersede all prior agreements, oral or written, express or implied, and all negotiations or discussions of the parties, whether oral or written, and there are no warranties, representations or agreements among the parties in connection with the subject matter hereof except as set forth herein. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates noted below. Page 104 of 140 Purchase and Sale Agreement–A-1 Properties LLC - Page 13 PURCHASER: A-1 Properties LLC By: Vijay Patel, President Date CITY Dave Zabell, City Manager Date Attest: Approved as to form: Sandy Kenworthy, Interim City Clerk Leland Kerr, City Attorney Page 105 of 140 Purchase and Sale Agreement–A-1 Properties LLC - Page 14 STATE OF WASHINGTON ) ) ss. County of _______________ ) On this day personally appeared before me Vijay Patel, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary deed for the uses and purposes therein mentioned. SUBSCRIBED and sworn to before me this ______ day of _____________, 2017. __________________________________________ Notary Public in and for the State of Washington, Residing at _______________________________. My Commission Expires: ____________________. STATE OF WASHINGTON) ) ss. County of Franklin ) On this day personally appeared before me Dave Zabell, City Manager of the City of Pasco, Washington, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary deed for the uses and purposes therein mentioned. SUBSCRIBED and sworn to before me this ____ day of _________________, 2017. __________________________________________ Notary Public in and for the State of Washington, Residing at _______________________________. My Commission Expires: ____________________. Page 106 of 140 Page 107 of 140 I . I ~ I ~ cJ.I l su ,_J_/ CURBUNE I I I ARGENT RD . 42 STALLS <-~ ) ~ 18 STALLS ARGENT ROAD PROJECT -OPTION 1 PASCO, WASHINGTON IIIISTALLS 0 -@ POND D NOTE: Pt.AH IS FOR I llUSTRATIVE f'URPOSES. IHFORMATIOH SHOWN BASED OH COHOmDNS OOsnHG NOVfH&ER 9 , 20 16. PlAH AHO Of.SIGHS HAY 8f SUEUECT TO H0Dif1CATIOH OR CHANGE WITHOUT NOTICE. Exhibit B LEGEND CBC DEVELOPMENT BUILDING APPROXIMATE FOOTPRINT PHASE I 9 ,434 SQ FT PHASE II 25,736 SQ FT PHASE III 9,519 SQ FT TOTAL PARKING STALLS: 231 COMMERCIAL DEVELOPMENT BUILDING APPROXIMATE FOOTPRINT BUILDING A 9 ,879 SQ FT BUILDING B 3 ,863 SQ FT BUILDING C 3 ,863 SQ FT BUILDING D 3,863 SQ FT BUILDING E 3,468 SQ FT TOTAL PARKING STALLS: 248 NTS D KIOtAa TBUlf.U •LAHOSCAPE AROUTfC'l'\IIU, PUC ~ 1421 N HEAOOWWOOO I.AHE, SUrTE 150 UBERl'Y LAKE. WA 99019 No~=~~l:·~:~: • P a g e 1 0 8 o f 1 4 0 Declaration of Covenants, Conditions And Restrictions - 1 Exhibit “C” FILED FOR RECORD AT REQUEST OF: City of Pasco 525 North 5th Pasco WA 99301 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THESE DECLARATIONS OF COVENANTS, CONDITIONS AND RESTRICTIONS are entered into this _____ day of ______, 2017, by and between the City of Pasco, Washington, a Washington Municipal Corporation (hereinafter referred to as “Declarant”) and A-1 Properties LLC, (hereinafter referred to as “Purchaser”). WHEREAS, the Declarant owns real property located in Pasco, Franklin County, Washington, as more particularly described below; and WHEREAS, Purchaser desires to purchase, and the Declarant desires to sell portions of that real property specifically described below; and WHEREAS, the Declarant has a continuing interest in the development of that property as well as the enhancement of the value of the property retained by the Declarant by the adoption of this Declaration. In consideration of the mutual covenants contained herein: 1. Declaration. The City of Pasco, as Declarant, does hereby declare that the property described below shall be held, sold, and conveyed subject to the following covenants, conditions, and restrictions which shall run with the property and any parcel thereof, and shall be binding on all parties having or acquiring any right, title or interest in such property, or in part thereof, and shall inure to the benefit of the City of Pasco. 2. Description of the Properties. 2.1 Burdened Property. The property subject to this Declaration is generally designated as the west 4.9 acres of property designated as Parcel ID No. 113300258, more legally described in Exhibit A, which is attached hereto and incorporated by this reference. Page 109 of 140 Declaration of Covenants, Conditions And Restrictions - 2 2.2 Benefitted Property. The benefitted property is that property: (a) retained by the City of Pasco adjacent thereto, generally described as ____________________, more legally described in Exhibit B, which is attached hereto and incorporated by this reference; and (b) the municipal golf course, right-of-ways, and other municipal properties owned by the City of Pasco. 3. Restriction on Use of Property. The burdened property as described below shall be developed and used solely for the purposes of providing retail, commercial and hotel development and associated improvements. 4. Reversionary Clause and Option to Repurchase. 4.1 The burdened property is being sold to Purchaser in anticipation of the development of retail, commercial and hotel development and associated improvements. 4.2 The Purchaser acknowledges that the purchase price and consideration given by Declarant are related to the Declarant’s goals of economic development and lost opportunities for development would arise if Purchaser fails to begin construction of the anticipated development. 4.3 If the Purchaser fails to submit an application to Declarant for approval of a site plan and building plans consistent with subsection 4.1 above, within six (6) months of Closing, the Declarant reserves the right to reclaim title to this Property. If the Purchaser does not initiate construction within twelve (12) months of Closing, Declarant reserves the right to reacquire title to the above-entitled Property. The Declarant shall reacquire this Property by refunding 90% of the original Purchase Price. In the event Purchaser elects the phased options provided in the Purchase and Sale Agreement dated _________, this right of reverter shall apply to each of the parcels purchased independently. The Declarant will not assume any liability for expenses incurred by Purchaser in conducting this transaction. Purchaser agrees to re-convey title to the Declarant within sixty (60) days of receipt of notification of Declarant’s decision to seek reconveyance of Property. This right of reverter is exclusive to the Declarant and shall be exercised at the sole discretion of the Declarant. 4.4 This possibility of reverter survives forty-eight (48) months after closing or until such time as building commences, whichever is earlier. The Declarant shall be under no obligation to exercise this possibility of reverter. This reversionary clause shall survive the delivery of the Deed, but shall automatically lapse upon expiration of the time periods herein and Declarant shall execute such further documents as Purchaser shall request necessary to release the same. Page 110 of 140 Declaration of Covenants, Conditions And Restrictions - 3 5. Common Private Roadway. 5.1 For the benefit of both of the burdened property and the benefitted property above described, a common roadway, one-half on the Declarant’s property and one-half on the Purchaser’s property, shall be established between their respective properties consisting of a 15-foot easement encumbering each property at a location more particularly described in Exhibit C. 5.2 Grant of Easement. By separate document the parties have entered into a Common Road Maintenance Agreement and Reciprocal Access Easement of this even date, which shall run with the land and shall encumber and benefit the properties legally described herein and be binding upon the Purchaser. 6. Enforcement. 6.1 Each property owner shall comply strictly with the covenants, conditions and restrictions set forth in this Declaration. In the event of a violation or breach of any of the same, the Declarant or Purchaser, or their successors-in-interest, jointly or severally, shall have the right to proceed at law or in equity for the recovery of damages, or for injunctive or other equitable relief as may be available at law. If the Declarant or Purchaser seeking enforcement under this section is a prevailing party in any litigation involving this Declaration, then that party also has the right to recover all costs and expenses incurred including reasonable attorney fees and paralegal fees. In the event the Declarant seeks injunctive relief under this provision, no bond shall be required. In the event a Court of competent jurisdiction determines, notwithstanding this provision, that a bond is required, a bond shall be allowed at the lowest amount permissible by law. 6.2 In addition the above rights, the Declarant shall have a right of abatement if Purchaser fails to take reasonable steps to remedy any violation or breach within thirty (30) days after written notice sent by certified mail. A Right of Abatement, as used in this Section, means the right of the Declarant, through its agents and employees, to enter at all reasonable times upon any property subject to this Declaration, as to which a violation, breach or other condition to be remedied exists, and to take the actions specified in the notice to the Purchaser to abate, extinguish, remove or repair such violation, breach, or other condition which may exist thereon contrary to the provisions of this Declaration, without being deemed to have committed a trespass or wrongful act by reason of such entry and such actions; provided such entry and such actions are carried out in accordance with the provisions of this Section. The cost thereof including the costs of collection and reasonable attorneys’ fees shall be a binding personal obligation of the Purchaser, enforceable at law, and shall be a lien on such Purchaser’s parcel. Page 111 of 140 Declaration of Covenants, Conditions And Restrictions - 4 6.3 Any such lien shall be recorded in the real property records of the Franklin County Auditor. The Declarant may bring an action to recover a money judgment for unpaid abatement costs as described above under this Declaration in lieu of foreclosing a lien. The lien for the abatement costs, provided for in this Declaration, shall be subordinate to the lien of any mortgage on such property which was in good faith and for value and which was recorded prior to recordation of the notice of lien. Sale or transfer of any lot shall not affect the validity of this lien. 7. General Provisions. 7.1 The expiration or amendment shall become effective only upon recordation in the real property records of the Franklin County Auditor’s Office. 7.2 Notices and Other Documents. All notices and other communications under this Declaration shall be given to the parties hereto at the following addresses: 7.2.1 If to Declarant: Mr. Dave Zabell, City Manager CITY OF PASCO PO Box 293 525 North 3rd Pasco WA 99301 7.2.2 If to Purchaser: Mr. Vijay Patel, President A-1 PROPERTIES LLC 21505 Cottonwood Drive Kennewick WA 99338 7.3 Severability. Each provision of this Declaration of Covenants, Conditions and Restrictions shall be deemed independent and severable, and the invalidity of any provision shall not affect the validity of enforceability of the remaining part of that or any other provision. Except, should it ever be determined that the City of Pasco is no longer a party benefitted by this Declaration, and is thus no longer capable of seeking legal remedy to enforce the provisions of this Declaration, then, and unless appeal or legislation is known to be pending on such determination, these covenants, conditions and restrictions shall terminate. Page 112 of 140 Declaration of Covenants, Conditions And Restrictions - 5 7.4 Dispute Resolution. Except as provided in Section 6 above, in the event of a dispute regarding the enforcement, breach, default, or interpretation of this Declaration of Covenants, Conditions and Restrictions, the Parties shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the Parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with all Parties waiving the right of a jury trial upon de novo, with venue placed in Pasco, Franklin County, Washington. 8. Contingency. 8.1 These Declaration of Covenants, Conditions and Restrictions are contingent upon the purchase by the Purchaser of the burdened property as described above, and, in the event of Purchaser’s failure to close the purchase of the burdened property, the Covenants, Conditions and Restrictions as provided above, shall be null and void. IN WITNESS WHEREOF, the parties have executed this Declaration of Covenants, Conditions and Restrictions on the _____ day of ________, 2017. DECLARANT: City of Pasco, Washington By: ________________________________ Dave Zabell, City Manager Approved as to the Terms and Form: PURCHASER: A-1 Properties LLC By: ________________________________ Vijay Patel, President Page 113 of 140 Declaration of Covenants, Conditions And Restrictions - 6 STATE OF WASHINGTON ) ) ss. County of Franklin ) On this day personally appeared before me Dave Zabell, City Manager of the City of Pasco, Washington, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary deed for the uses and purposes therein mentioned. SUBSCRIBED and sworn to before me this ____ day of _________________, 2017. __________________________________________ Notary Public in and for the State of Washington, Residing at _______________________________. My Commission Expires: ____________________. STATE OF WASHINGTON ) ) ss. County of _______________ ) On this day personally appeared before me Vijay Patel, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary deed for the uses and purposes therein mentioned. SUBSCRIBED and sworn to before me this ______ day of _____________, 2017. __________________________________________ Notary Public in and for the State of Washington, Residing at _______________________________. My Commission Expires: _______________ Page 114 of 140 EXHIBITC DEVELOPMENT PLAN Exhibit D As a condition 6f sa1e, and as additional consideration to the purchase price, th e Parti es shall negotiate a, Development Plan which consists generally in conformance with the Site P la n attached as Exhibit .1, and the following, onsite and offsite development, item s 1-4, to b e consfructed 'solelyat the cost of the Purchaser: L Construction of'a Cdmrhon entry, ·and private roadway and sidewalk, with ea sement , fro m 20th Avenue easterly, along the southern boundary of the original parcel to the so uth we st comer of' sub-parcel A 'and northerly, along the westerly line of sub-parcel A , to A rgent Road. 2. Un-signalized full interSection at' 20th Avenue with left tum (eastbound onto private roadway) pocket, an'd pedestrian sidewalk tie-in along 20th Avenue, south to crosswalk (see channelization plan; attached): 3. Installation of'utilities including a looped waterline (20th Avenue to Argent Road); stonn water onsite disposal; and sewer line tie-:in with the airport lift station. 4. Intersection improvements oil Argent Road east of 20th Avenue(~ intersection). The following improvement's, items '5 and 6, shall be subject to good faith negoti at io ns an d mutual agreement by the Parties: 5. 'When warranted, City will ·ins.talf signalized intersection improvements at 2 0111 A ve nue , a t the cost of the City or other property developers. 6. Grading· of the property to be purchased, to achieve overall design and fun c ti o nalit y objectives. The Parties .recognize the necessity of flexibility in the development of both the property to be purchased by Purchaser and that retained by the City which will require continued coo perative e fforts to determine the most beneficial division, configuration, and appearance of th e improvements to be constructed upon the property. /. City's Initials ~ Purchaser's Initials A=--- Page 115 of 140 AGENDA REPORT FOR: City Council March 29, 2017 TO: Dave Zabell, City Manager Regular Meeting: 4/3/17 FROM: Stan Strebel, Deputy City Manager Executive SUBJECT: Sale of Surplus Property to A-1 Properties LLC I. REFERENCE(S): Proposed Purchase and Sale Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve the Purchase and Sale Agreement with A-1 Properties LLC for approximately 4.9 acres on 20th Avenue, south of Argent Road and, further, authorize the City Manager to excute the Agreement. III. FISCAL IMPACT: The Purchase and Sale Agreement (PSA) provides the option for the purchase of up to (approximately) 4.9 acres (in two phases) through January 1, 2022. The purchase price of $5.00 per square foot, will yield approximately $1,067,000 (the property has not been surveyed to determine final area). Proceeds should be directed to the City's Economic Development Fund. IV. HISTORY AND FACTS BRIEF: The City has held a 10-acre parcel of property, located at the corner of 20th Avenue and Argent Road, in anticipation of commercial development, for several years. The property is part of the original Sun Willows Golf Course. Last year, the City entered into a purchase and sale agreement with CBC Student Housing LLC for the east one-half of the 10-acre property for the purpose of developing student housing. Phase one of the project is currently under construction, with completion and occupancy expected in September. The proposed PSA provides for the sale of the west one-half of the City's original 10- acre parcel. The proposed first phase of development will be in service commercial (i.e., dining, cleaners, hair salons, etc.), while the second phase is intended for the Page 116 of 140 development of a hotel, or continued commercial, depending on the market. The proposed PSA provides the option for the sale of the property in two phases, with the initial purchase price at $5.00/sq. ft. and with a CPI inflation factor on the price beginning after July 1, 2020. Attachments to the PSA provide for covenants on the property assuring continued use per the development plan, and providing for joint use of some infrastructure as well as the required improvements anticipated for the project. V. DISCUSSION: There remain a number of specific design issues and details, including the survey and overall project layout, which could change with additional information. Therefore, staff requests that Council grant the City Manager reasonable discretion to modify design issues within the overall parameters provided. Page 117 of 140 Purchase and Sale Agreement–A-1 Properties LLC - Page 1 PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (hereinafter “Agreement”) is entered into on this ___ day of _______, 2017, between the City of Pasco, a Washington Municipal Corporation (hereinafter “City”) and A-1 Properties LLC, (hereinafter “Purchaser”) for establishing the terms and conditions for the sale of real property (hereinafter “Property”) legally described as set forth below: A portion of that certain real property designated as Parcel ID Number 113300258, approximately 4.9 acres in size, as shown on Exhibit A, which is attached hereto and incorporated by this reference. The Parties agree that once a survey is completed and the property is segregated as set forth below in Section 4 that the parties shall execute an amendment to this Agreement to include the final legal descriptions. RECITALS WHEREAS, City is the owner of real property located in Franklin County, Washington, which real property is described more particularly in Section 4 below; and WHEREAS, City wishes to sell such real property and Purchaser wishes to purchase such property under certain terms and conditions as set forth below; NOW, THEREFORE, In consideration of the mutual covenants contained herein, the parties agree as follows: 1. Purchase and Sale. City agrees to sell, and Purchaser agrees to purchase: (a) The property as generally described above and or particularly determined as provided in Section 4 below. (b) All development rights relating to the real property; (i) all rights to obtain utility service in connection with the real property; (ii) assignable licenses and other governmental permits and permissions relating to the real property and the operation thereof. (c) The land, improvements, and appurtenances which constitute real property are hereafter collectively defined as the “Real Property.” All of the Property included by reference within the foregoing paragraphs 1(a) through 1(c), both real and personal, is hereinafter collectively referred to as the “Property.” (d) Conditions of sale: (1) The property, Parcel 1 shall be developed as retail and commercial leased space to include: dining and convenience food service, service oriented businesses such as cleaners, salons and barber shops, etc.; Parcel 2 shall be Page 118 of 140 Purchase and Sale Agreement–A-1 Properties LLC - Page 2 developed as a hotel or with a continuation of the retail and commercial development as in Parcel 1. (2) The property shall be developed substantially in accordance with the development plan as designated in Exhibit B, which is attached hereto and incorporated by this reference. However, the parties acknowledge that Purchaser shall be entitled to make reasonable modifications to the development plan as reasonably needed but subject to the City’s written approval, which shall not be unreasonably denied. (3) This Agreement is conditioned upon final approval of the City Council of the City of Pasco prior to closing as required by PMC 2.46. 2. Purchase Price/Financing. The purchase price for the Property shall be $5.00 per square foot. The City represents that the Property totals approximately 4.9 acres. The purchase price will be based upon the square footage defined in such survey. The purchase price is payable in cash to the City at closing subject to the Phased Options as provided in Section 5 below. 3. Method of Payment. Within ten (10) business days of the effective date of this Agreement, Purchaser will deposit with Benton-Franklin Title Company (escrow agent), an earnest money deposit in the sum of Twenty-Five Thousand and 00/100ths Dollars ($25,000.00), which shall be held in an interest bearing trust account. This deposit shall be applied to the purchase price. (a) Purchaser agrees that the earnest money deposit shall be paid to City if the sale does not close after Purchaser has removed all contingencies in writing. (b) Upon closing, Purchaser shall electronically transfer proceeds of Purchaser’s financing for the balance of the purchase price or issue a cashier’s check in the amount of the purchase price to the escrow agent. 4. Survey. (a) The City shall, at the City’s sole expense, within twenty (20) days following the effective date of this Agreement, provide a current survey showing both Parcel 1 and Parcel 2 divisions of the Property and shall: (1) Provide a metes and bounds legal description of each parcel of the Property. (2) Calculate the exact square footage of the parcels upon which the purchase price as provided in Section 2 above shall be calculated. (3) Identify the common roadway location. Page 119 of 140 Purchase and Sale Agreement–A-1 Properties LLC - Page 3 (b) Purchaser shall have fifteen (15) days from the date of delivery of the survey to revoke, by written notice, this Agreement at which time this Agreement shall be null and void and the Purchaser shall be entitled to the return of their earnest money deposit. If the Purchaser fails to object, or waive its notice to object, the survey shall be the acknowledged basis upon which the purchase price shall be calculated as provided in Section 2 above. (c) The City shall, at City’s expense, within thirty (30) days following the Purchaser’s waiver, or expiration of its objection, secure a lot segregation for creating Parcel 1 and Parcel 2, and a sub-lot segregation which shall be effective upon closing. (d) Purchaser shall be entitled to use such segregation survey to complete an ALTA survey for the purpose of getting extended title insurance at its own expense. 5. Phased Option. (a) Purchaser, by its initial below, elects a phased purchase of the Property. Upon such election, Purchaser shall purchase Parcel 1. The legal description including the square footage shall be utilized for the calculation of the purchase price at $5.00 per square foot, which purchase shall be closed as provided in Section 11 and Section 12 below. (b) Following closing on Parcel 1, Purchaser shall have an option to purchase Parcel 2 on or before January 1, 2022. If Purchaser exercises the option to purchase Parcel 2 on or before January 1, 2020, the purchase price shall be the same as stated in paragraph 5(a), above. In the event purchaser does not exercise the option to purchase Parcel 2 until after January 1, 2020, the purchase price shall be increased by an amount equal to the increase in the Consumer Price Index (CPI- U) between the date of closing as provided in Section 11 below, and the date of closing purchase of Parcel 2. After January 1, 2020, should another buyer make a bona fide written offer, which is in excess of the purchase price as set herein, on Parcel 2 prior to Purchaser exercising the above option, Purchaser shall have the first right of refusal to initiate an immediate [within thirty (30) days] purchase of Parcel 2 at the offered price of the bona fide offer. In the event that purchaser fails to exercise its right of refusal, all further remaining provisions related to Parcel 2 shall be terminated. (c) As a condition for exercising the purchase option, the Purchaser shall faithfully perform all terms and conditions of this Agreement including those documents incorporated by reference. City’s Initials _______ Purchaser’s Initials _______ By the initials above, the parties agree to a phased purchase option as described above. Page 120 of 140 Purchase and Sale Agreement–A-1 Properties LLC - Page 4 6. Title. Title to the Property is to be so insurable at closing under terms of the title policy required to be delivered by City under terms of Section 7 hereof. All title insurance charges for the policy referenced in Section 7 below in the amount of the purchase price shall be equally divided between the parties, except for the cost of any special endorsements requested by Purchaser and cancellation fees shall be paid by Purchaser. 7. Preliminary Commitment. Within fifteen (15) days from the last party’s execution of this agreement, City shall furnish Purchaser with a preliminary report/commitment from Benton-Franklin Title for an ALTA owner’s policy of title insurance with respect to the Real Property, together with a copy of each document forming the basis for each exception referenced therein. Purchaser shall advise City of any title objections within forty-five (45) days of its receipt of the report/commitment or within 30 days of the completion of the ALTA survey, whichever is later, to remove all exceptions or conditions in the title commitment. If within twelve (12) days after its notice to City, Purchaser have not received evidence satisfactory to it that such unsatisfactory items can and will be removed at or prior to closing at City’s sole cost and expense, then Purchaser may elect to (a) terminate this Agreement and receive a full refund of the deposit, (b) waive such defects, or (c) continue this Agreement in effect pending their removal. Removal of unsatisfactory items or their waiver shall be a condition of closing. If Purchaser does not make an election within forty (40) days of completion and acceptance of the survey as outlined in Section 4 b above, Purchaser shall be deemed to have waived the defects. 8. Due Diligence; Inspection Period. (a) Within fifteen (15) days following the effective date of this Agreement, City shall provide Purchaser with the title commitment described in Section 7 above, together with all relevant documents relating to the Property, including but not limited to copies of all easement, lot segregation and all other covenants and restrictions with respect to all or portions of the Property; and all existing surveys and other reports and studies relating to the Property or its use or development in the possession of City. (b) Purchaser shall have one hundred-fifty (150) days from the completion and acceptance of the survey as outlined in Section 4 b above (the “Inspection Period”) within which to conduct an examination of the Property, including examinations of title, engineering tests, soils tests, water percolation tests, ground water tests, environmental examinations, market studies, appraisals, and any other tests or inspections which Purchaser shall have deemed necessary or desirable for the purpose of determining whether the Property is suitable for his intended uses. On or before the expiration of the Inspection Period, the Purchaser shall notify City in writing, with a copy to Escrow Agent, whether Purchaser intends to purchase the Property or terminate this Agreement. If Purchaser elects to purchase the Property, then the Inspection Period shall terminate and Purchaser’s obligation to purchase and City’s obligation to sell the Property shall remain, subject to the other terms and conditions of this Agreement. If Purchaser elects not to purchase Page 121 of 140 Purchase and Sale Agreement–A-1 Properties LLC - Page 5 the Property, then this Agreement shall be void and of no further force and effect, and the deposit shall be returned to Purchaser. In the event Purchaser fails to notify City in writing of its election to purchase the Property or terminate this Agreement prior to the expiration of the Inspection Period, then Purchaser shall be deemed to have elected to terminate this Agreement. (c) Purchaser shall have the option to extend the Inspection Period by up to two (2) additional terms of forty-five (45) days upon the payment of a non-refundable deposit of five thousand ($5,000) dollars for each such extension. Such deposits shall be applied to the purchase price. (d) Purchaser agrees to repair any damage to the Property resulting from any activities of Purchaser or his agents or consultants on the Property before closing. Purchaser agrees to defend, indemnify and hold the City harmless from any and all damages, expenses, claims, or liabilities (including but not limited to attorney’s fees and costs) arising out of any activities of Purchaser or his agents or consultants on or about the Property before closing, except to the extent that the same results from the City’s negligence. Purchaser shall not be liable for any inspection claim resulting from Purchaser’s discovery of any pre-existing condition (including, but not limited to, the existence of any hazardous materials) in, on, under or about the Property or any exacerbation of a pre-existing condition in, on, under or about the Property, except to the extent that the exacerbation results from the negligent act or omission of Purchaser or his agents or consultants. (e) Purchaser’s option to purchase Property is conditioned upon Purchaser constructing and operating a retail/commercial area or hotel, pursuant to the conditions of sale per Section 1(d) and Purchaser’s obligation herein shall be included as a covenant that runs with the land as a deed restriction on the property as provided in Exhibit C. (f) City has entered into a Purchase and Sale Agreement with CBC Student Housing, LLC, for the sale of approximately the east one-half of City’s original, approximate 10 acre parcel (I.D. Number: 113300255) for the purpose of development of student housing solely for students of Columbia Basin College. The Agreement includes a development plan (Exhibit C of the said Agreement, which is attached hereto as Exhibit D) which sets forth the several onsite and offsite improvements, together with the responsibility for installation, which are to be installed as development occurs. 9. Pro-rations. Real Property taxes, assessments, water and other utilities, and all other expenses for the month of closing, shall be prorated as of closing. All expenses, fees and sums owing or incurred for the Property for periods prior to closing shall be paid by City, when and as due. Page 122 of 140 Purchase and Sale Agreement–A-1 Properties LLC - Page 6 10. Possession. Purchaser shall be entitled to sole possession of the Property at closing, subject only to the rights, if any, of tenants in possession under the leases. 11. Closing. Closing, for at least Parcel 1, shall occur within one hundred and twenty (120) days of the conclusion of Purchaser’s Inspection Period as provided in Section 8 above, but in no event later than May 1, 2018. (a) At closing City will deposit in escrow a duly executed statutory warranty deed covering the Property; a FIRPTA affidavit; and all other documents and monies required of it to close this transaction in accordance with the terms hereof. All such documents shall be in form satisfactory to Purchaser’s counsel. (b) At closing Purchaser will deposit in escrow the monies required of it to close the transaction in accordance with the terms hereof. 12. Closing Costs. All recording fees on the deed and the escrow fee shall be equally divided between the parties. The City shall pay all excise, transfer, sales and other taxes, if any, incurred in connection with the sale and the title insurance premium to obtain a Washington Land Title Association standard form Purchaser’s or Owner’s Policy of Title Insurance. Purchaser shall pay the additional cost of any extended title insurance and any special endorsements it requests. The City shall bear all costs associated with the lot segregation. Each party shall bear its own attorneys’ fees, except as otherwise expressly provided herein. 13. Forfeiture of Earnest Money Deposit - Liquidated Damages. As an inducement to develop the Property in a manner that brings economic development to the City, the parties agree to the following liquidated damages in the event that Purchaser fails, without legal excuse after the inspection period, to complete the purchase of the Property or fulfill the terms and obligations set forth in Section 3. The earnest money/deposit shall be forfeited to the City as the sole and exclusive remedy available to the City for such failure to purchase. In the event City defaults hereunder, Purchaser may pursue all remedies at law or equity, including the right to specific performance, an action for damages, or termination and return of its earnest money. City’s Initials _______ Purchaser’s Initials _______ 14. Reversionary Clause and Option to Repurchase/Reclaim. (a) This Property is being sold to Purchaser in anticipation of the development of retail/commercial leased space and/or a hotel. (b) The Purchaser acknowledges that the purchase price and consideration given by City are related to the City’s goals of economic development and lost opportunities for development would arise if Purchaser fails to begin construction of the anticipated development. Page 123 of 140 Purchase and Sale Agreement–A-1 Properties LLC - Page 7 (c) Unless the failure to commence construction is related to the items identified in Section 19(f), below, if the Purchaser fails to submit an application to City for approval of a site plan and building plans consistent with subsection (a) above, within six (6) months of Closing, the City reserves the right to reclaim title to this Property. If the Purchaser does not initiate construction within twelve (12) months of Closing, City reserves the right to reclaim title to this Property. The City shall reclaim this Property by refunding 90% of the original Purchase Price as determined in Section 3 above. In such event, the City shall issue such refund first to any mortgagor or lien holder on the property to first satisfy any mortgage or lien, prior to issuing any refund to Purchaser. In the event Purchaser elects the phased option provided in Section 5 above, this right of reverter shall apply to each of the parcels purchased independently. The City will not assume any liability for expenses incurred by Purchaser in conducting this transaction. Purchaser agrees to re-convey title to the City within sixty (60) days of receipt of notification of City’s decision to seek reconveyance of Property. This right of reverter is exclusive to the City and shall be exercised at the sole discretion of the City. (d) This possibility of reverter survives forty-eight (48) months after closing or until such time as building commences, whichever is earlier. The City shall be under no obligation to exercise this possibility of reverter. This reversionary clause shall survive the delivery of the Deed, but shall automatically lapse upon expiration of the time periods herein and City shall execute such further documents as Purchaser shall request to release same. (e) The same possibility of reverter provisions in this section shall also apply to any to any purchase of Parcel 2 by Purchaser. 15. Covenant Not to Compete. The Seller, City of Pasco, warrants as a part of consideration for this transaction and as inducement for the Purchaser to purchase the property, that it shall not, for a period of eight (8) years from the date of Purchaser receiving an occupancy permit, sell real property owned by the Seller within five (5) miles of the property to be developed or used for hotel/motel purposes without the prior written consent of the Purchaser. 16. Counterparts. This Agreement may be signed in counterparts which, taken together, shall constitute the complete Agreement. 17. Actions During Term. During the term hereof, City shall not enter into any lease or other agreement affecting the Property or its operation, or modify, extend or otherwise change the terms of any lease or other agreement affecting the Property or its operation or otherwise permit any change in the status of title to the Property without Purchaser’s prior written consent. 18. Assignment. Purchaser may not assign Purchaser’s interest in this Agreement without City’s prior written consent, which shall not be unreasonably denied. Page 124 of 140 Purchase and Sale Agreement–A-1 Properties LLC - Page 8 19. City’s Warranties; Indemnity. City makes the following representations and warranties, which shall be deemed remade as of the closing date: (a) The Property and improvements are not in violation of any applicable covenant, condition or restriction or any applicable statute, ordinance, regulation, order, permit, rule or law, including, without limitation, any building, private restriction, zoning or environmental restriction. (b) Other than the obligations of record, there are no obligations in connection with the Property, which will be binding upon Purchaser after closing other than liability for the payment of real estate taxes and utility charges. (c) There are no claims, actions, suits or governmental investigations or proceedings existing or, to the best of City’s knowledge, threatened against or involving City or the Property (including, without limitation, any condemnation or eminent domain proceeding or matter related to the formation of or assessment by a local improvement district) and City has received no written notice thereof. (d) All insurance policies now maintained on the Property will be kept in effect, up to and including the closing. City has received no notice from any insurance company or rating organization of any defects in the condition of the Property or of the existence of conditions which would prevent the continuation of existing coverage or would increase the present rate of premium. (e) There are no leases affecting the Property. (f) The Property is currently zoned C-1 (Commercial) which will accommodate the intended use of the property as specified in Section 1(d). The City specifically reserves the right to condition approval of development on building layout, exterior treatments (aesthetics and open space), parking lot design/capacity, building height, and such other conditions as may be required to insure the compatibility of the intended use with its surrounding existing uses. (g) There are no commissions due to any real estate broker or agent that arise from this Agreement. (h) All such representations and warranties shall be reaffirmed by City as true and correct as of the Closing Date and shall survive the Closing for a period of two (2) years. If, prior to closing, City becomes aware of any fact or circumstance which would change a representation or warranty, then City will immediately give notice of such changed fact or circumstance to Purchaser, but such notice shall not relieve the City of its obligations hereunder. Page 125 of 140 Purchase and Sale Agreement–A-1 Properties LLC - Page 9 20. Environmental Indemnification. (a) City will defend, indemnify, and hold Purchaser and his partners, agents and employees and assignee (collectively, the “Indemnified Parties”) harmless from and against any and all claims, obligations, damages, causes of action, costs and expenses, losses, fines, penalties, and liabilities, including, without limitation, attorneys’ fees and costs, imposed upon or incurred by or asserted against an Indemnified Party arising out of or in connection with the occurrence of any of the following: (i) prior to closing: (A) any Environmental Matter affecting or relating to the Property arising out of City’s use and ownership of the Property; or (B) any violation of any Environmental Law by City with respect to the Property; and (ii) subsequent to closing: (C) the manufacture, storage, sale, use, disposal, release, or discharge of Hazardous Substance in, on or under the Property by City; or (D) any violation of any Environmental Law by City with respect to the Property. City shall also be responsible for all costs, expenses, fines, and penalties arising out of or in connection with the investigation, removal, remediation, clean- up, and restoration work resulting from the matters described in the preceding sentence. City represents that to the best of its knowledge, after reasonable inquiry, it is not aware of any violation of any Environmental Laws relating to the Property, any Hazardous Materials located on the Property or any Environmental Matter relating to the Property. City’s obligations and representations under this Section 20 shall survive closing. (b) “Environmental Laws” shall mean any federal, state or local laws, ordinance, permits or regulations, or any common law, regarding health, safety, radioactive materials or the environment, including but not limited to, the following federal statutes: Clean Air Act (42 U.S. C. §§ 7401 et seq.) (“CAA”), Clean Water Act (33 U.S.C. §§ 1251 et seq.) (“CWA”), Resource Conservation and Recovery Act (42 U.S.C. §§ 6091 et seq.) (“RCRA”), Comprehensive Environmental Response Compensation and Liability Act (42 U.S.C. §§ 9601 et seq.) (“CERCLA”), Emergency Planning and Community Right-To-Know Act (41 U.S.C. §§ 11001 et seq.) (“EPCRA”), Safe Drinking Water Act (42 U.S.C. §§ 300f et seq.) (“SDWA”), Hazardous Material Transportation Act of 1975 (49 U.S.C. §§ 1801 et seq.) (“HMTA”), Toxic Substances Control Act (15 U.S.C. §§ 2601 et seq.) (“TSCA”), Endangered Species Act of 1973 (16 U.S.C. §§ 1531 et seq.) (“ESA”), Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. §§ 136 et seq.) (“FIFRA”), the Occupational Safety and Health Act (29 U.S.C. §§ 651 et seq.) (“OSHA”), the Washington Model Toxics Control Act (RCW Chapter 70.150D) (“MTCA”), or the Hazardous Waste Management Act (RCW Chapter 70.105) (“HWMA”), each as amended, and any regulations promulgated thereunder, guidance and directives issued with respect thereto, or policies adopted by the applicable authorities thereunder. (c) “Hazardous Substances” shall mean: (i) any radioactive materials; (ii) any substance or material the transportation, storage, treatment, handling, use, removal or release of which is subject to any Environmental Law; or (iii) any Page 126 of 140 Purchase and Sale Agreement–A-1 Properties LLC - Page 10 substance or material for which standards of conduct are imposed under any Environmental Law. Without limiting the generality of the foregoing, “Hazardous Substances” shall include: asbestos and asbestos-containing materials (whether or not friable); urea-formaldehyde in any of its forms; polychlorinated biphenyls; oil, used oil; petroleum products and their by-products; lead-based paint; radon; and any substances defined as “hazardous waste,” “hazardous substances,” “pollutants or contaminants,” “toxic substances,” “hazardous chemicals,” “hazardous pollutants,” or “toxic chemicals “under the CAA, CWA, RCRA, CERCLA, EPCRA, SDWA, HMTA, TSCA, OSHA, MTCA or HWMA. (d) “Environmental Matter” shall mean any of the following: (i) the release of any Hazardous Substance on or at the Property or any other property; (ii) the migration of any Hazardous Substance onto or from the Property; (iii) the environmental, health or safet y aspects of transportation, storage, treatment, handling, use or release, whether any of the foregoing occurs on or off the Property, of Hazardous Substances in connection with the operations or past operations of the Property; (iv) the violation, or alleged violation with respect to the Property, of any Environmental Law, order, permit or license of or from any governmental authority, agency or court relating to environmental, health or safety matters; (v) the presence of any underground storage tanks within the confines of the Property; (vi) the presence of wetlands within the confines of the Property; (vii) the presence of any endangered species on, in or around the Property; or (viii) soil, groundwater and surface conditions on, in or around the Property which may have an adverse effect upon the use or value of the Property. 21. Costs and Expenses. Except as otherwise expressly provided herein, each party hereto will bear its own costs and expenses in connection with the negotiation, preparation and execution of this Agreement, and other documentation related hereto, and in the performance of its duties hereunder. 22. Notices. All notices provided for herein may be delivered in person, sent by commercial overnight courier, telecopied or mailed by U.S. registered or certified mail, return receipt requested, and, if mailed, shall be considered delivered three (3) business days after deposit in such mail. The addresses to be used in connection with such correspondence and notices are the following, or such other address as a party shall from time-to-time direct: City: City of Pasco P. O. Box 293 525 North 3rd Pasco, WA 99301 Attn: Dave Zabell, City Manager (509) 545-3404 Page 127 of 140 Purchase and Sale Agreement–A-1 Properties LLC - Page 11 Purchaser: A-1 Properties LLC 21505 Cottonwood Drive Kennewick, WA 99338 Attn: Vijay Patel, President (541) 310-1749 23. Miscellaneous. (a) Further Documentation. Each of the parties agrees to execute, acknowledge, and deliver upon request by the other party any document which the requesting party reasonably deems necessary or desirable to evidence or effectuate the rights herein conferred or to implement or consummate the purposes and intents hereof, so long as such imposes no different or greater burden upon such party than is otherwise imposed hereunder. (b) Headings. The headings in this Agreement are for convenience only and do not in any way limit or affect the terms and provisions hereof. (c) Calculation of Time Periods. Unless otherwise specified, in computing any period of time described in this Agreement, the day of the act or event after which the designated period of time begins to run is not to be included and the last day of the period so computed is to be included, unless such last day is a Saturday, Sunday or legal holiday. The final day of any such period shall be deemed to end at 5 p.m., Pacific Time. (d) Time of Essence. Time is of the essence of this Agreement. (e) Gender. Wherever appropriate in this Agreement, the singular shall be deemed to refer to the plural and the plural to the singular, and pronouns of certain genders shall be deemed to include either or both of the other genders. (f) Exhibits. The Exhibits referred to herein and attached to this Agreement are incorporated herein as if set forth in full. (g) Unenforceability. If any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the remainder of such provision or any other provisions hereof. (h) Amendment, Modifications. This Agreement may not be altered, amended, changed, waived, terminated or modified in any respect or particular unless the same shall be in writing and signed by or on behalf of the party to be charged therewith. Page 128 of 140 Purchase and Sale Agreement–A-1 Properties LLC - Page 12 24. Attorneys’ Fees. If any lawsuit or arbitration arises in connection with this Agreement, the substantially prevailing party therein shall be entitled to receive from the losing party, the substantially prevailing party’s costs and expenses, including reasonable attorneys’ fees incurred in connection therewith, in preparation therefore and on appeal therefrom, which amounts shall be included in any judgment entered therein. 25. Waiver. A party may, at any time or times, at its election, waive any of the conditions to its obligations hereunder, but any such waiver shall be effective only if contained in writing signed by such party. No waiver shall reduce the rights and remedies of such party by reason of any breach of any other party. No waiver by any party of any breach hereunder shall be deemed a waiver of any other or subsequent breach. 26. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Washington. 27. Facsimile Signatures. Each party (a) has agreed to permit the use, from time-to-time and where appropriate, of telecopied signatures in order to expedite the transaction contemplated by this Agreement, (b) intends to be bound by its respective telecopied signature, (c) is aware that the other will rely on the telecopied signature, and (d) acknowledges such reliance and waives any defenses to the enforcement of the documents effecting the transaction contemplated by this Agreement based on the fact that a signature was sent by telecopy. 28. REMEDIES. IF PURCHASER FAILS, AFTER THE REMOVAL OF ITS CONTINGENCIES, AND WITHOUT LEGAL EXCUSE, TO COMPLETE THE PURCHASE OF THE PROPERTY, THE DEPOSIT SHALL BE FORFEITED TO CITY AS LIQUIDATED DAMAGES AND THE SOLE AND EXCLUSIVE REMEDY TO CITY FOR SUCH FAILURE. IN THE EVENT OF CITY’S DEFAULT, PURCHASER MAY PURSUE ANY REMEDY AVAILABLE AT LAW OR IN EQUITY, INCLUDING SPECIFIC PERFORMANCE. _____________________________ ________________________________ City’s Initials _______ Purchaser’s Initials _______ 29. Entire Agreement. This Agreement and the exhibits hereto constitute the entire agreement among the parties with respect to the subject matter hereof and supersede all prior agreements, oral or written, express or implied, and all negotiations or discussions of the parties, whether oral or written, and there are no warranties, representations or agreements among the parties in connection with the subject matter hereof except as set forth herein. IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates noted below. Page 129 of 140 Purchase and Sale Agreement–A-1 Properties LLC - Page 13 PURCHASER: A-1 Properties LLC By: Vijay Patel, President Date CITY Dave Zabell, City Manager Date Attest: Approved as to form: Sandy Kenworthy, Interim City Clerk Leland Kerr, City Attorney Page 130 of 140 Purchase and Sale Agreement–A-1 Properties LLC - Page 14 STATE OF WASHINGTON ) ) ss. County of _______________ ) On this day personally appeared before me Vijay Patel, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary deed for the uses and purposes therein mentioned. SUBSCRIBED and sworn to before me this ______ day of _____________, 2017. __________________________________________ Notary Public in and for the State of Washington, Residing at _______________________________. My Commission Expires: ____________________. STATE OF WASHINGTON) ) ss. County of Franklin ) On this day personally appeared before me Dave Zabell, City Manager of the City of Pasco, Washington, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary deed for the uses and purposes therein mentioned. SUBSCRIBED and sworn to before me this ____ day of _________________, 2017. __________________________________________ Notary Public in and for the State of Washington, Residing at _______________________________. My Commission Expires: ____________________. Page 131 of 140 Page 132 of 140 I . I ~ I ~ cJ.I l su ,_J_/ CURBUNE I I I ARGENT RD . 42 STALLS <-~ ) ~ 18 STALLS ARGENT ROAD PROJECT -OPTION 1 PASCO, WASHINGTON IIIISTALLS 0 -@ POND D NOTE: Pt.AH IS FOR I llUSTRATIVE f'URPOSES. IHFORMATIOH SHOWN BASED OH COHOmDNS OOsnHG NOVfH&ER 9 , 20 16. PlAH AHO Of.SIGHS HAY 8f SUEUECT TO H0Dif1CATIOH OR CHANGE WITHOUT NOTICE. Exhibit B LEGEND CBC DEVELOPMENT BUILDING APPROXIMATE FOOTPRINT PHASE I 9 ,434 SQ FT PHASE II 25,736 SQ FT PHASE III 9,519 SQ FT TOTAL PARKING STALLS: 231 COMMERCIAL DEVELOPMENT BUILDING APPROXIMATE FOOTPRINT BUILDING A 9 ,879 SQ FT BUILDING B 3 ,863 SQ FT BUILDING C 3 ,863 SQ FT BUILDING D 3,863 SQ FT BUILDING E 3,468 SQ FT TOTAL PARKING STALLS: 248 NTS D KIOtAa TBUlf.U •LAHOSCAPE AROUTfC'l'\IIU, PUC ~ 1421 N HEAOOWWOOO I.AHE, SUrTE 150 UBERl'Y LAKE. WA 99019 No~=~~l:·~:~: • P a g e 1 3 3 o f 1 4 0 Declaration of Covenants, Conditions And Restrictions - 1 Exhibit “C” FILED FOR RECORD AT REQUEST OF: City of Pasco 525 North 5th Pasco WA 99301 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THESE DECLARATIONS OF COVENANTS, CONDITIONS AND RESTRICTIONS are entered into this _____ day of ______, 2017, by and between the City of Pasco, Washington, a Washington Municipal Corporation (hereinafter referred to as “Declarant”) and A-1 Properties LLC, (hereinafter referred to as “Purchaser”). WHEREAS, the Declarant owns real property located in Pasco, Franklin County, Washington, as more particularly described below; and WHEREAS, Purchaser desires to purchase, and the Declarant desires to sell portions of that real property specifically described below; and WHEREAS, the Declarant has a continuing interest in the development of that property as well as the enhancement of the value of the property retained by the Declarant by the adoption of this Declaration. In consideration of the mutual covenants contained herein: 1. Declaration. The City of Pasco, as Declarant, does hereby declare that the property described below shall be held, sold, and conveyed subject to the following covenants, conditions, and restrictions which shall run with the property and any parcel thereof, and shall be binding on all parties having or acquiring any right, title or interest in such property, or in part thereof, and shall inure to the benefit of the City of Pasco. 2. Description of the Properties. 2.1 Burdened Property. The property subject to this Declaration is generally designated as the west 4.9 acres of property designated as Parcel ID No. 113300258, more legally described in Exhibit A, which is attached hereto and incorporated by this reference. Page 134 of 140 Declaration of Covenants, Conditions And Restrictions - 2 2.2 Benefitted Property. The benefitted property is that property: (a) retained by the City of Pasco adjacent thereto, generally described as ____________________, more legally described in Exhibit B, which is attached hereto and incorporated by this reference; and (b) the municipal golf course, right-of-ways, and other municipal properties owned by the City of Pasco. 3. Restriction on Use of Property. The burdened property as described below shall be developed and used solely for the purposes of providing retail, commercial and hotel development and associated improvements. 4. Reversionary Clause and Option to Repurchase. 4.1 The burdened property is being sold to Purchaser in anticipation of the development of retail, commercial and hotel development and associated improvements. 4.2 The Purchaser acknowledges that the purchase price and consideration given by Declarant are related to the Declarant’s goals of economic development and lost opportunities for development would arise if Purchaser fails to begin construction of the anticipated development. 4.3 If the Purchaser fails to submit an application to Declarant for approval of a site plan and building plans consistent with subsection 4.1 above, within six (6) months of Closing, the Declarant reserves the right to reclaim title to this Property. If the Purchaser does not initiate construction within twelve (12) months of Closing, Declarant reserves the right to reacquire title to the above-entitled Property. The Declarant shall reacquire this Property by refunding 90% of the original Purchase Price. In the event Purchaser elects the phased options provided in the Purchase and Sale Agreement dated _________, this right of reverter shall apply to each of the parcels purchased independently. The Declarant will not assume any liability for expenses incurred by Purchaser in conducting this transaction. Purchaser agrees to re-convey title to the Declarant within sixty (60) days of receipt of notification of Declarant’s decision to seek reconveyance of Property. This right of reverter is exclusive to the Declarant and shall be exercised at the sole discretion of the Declarant. 4.4 This possibility of reverter survives forty-eight (48) months after closing or until such time as building commences, whichever is earlier. The Declarant shall be under no obligation to exercise this possibility of reverter. This reversionary clause shall survive the delivery of the Deed, but shall automatically lapse upon expiration of the time periods herein and Declarant shall execute such further documents as Purchaser shall request necessary to release the same. Page 135 of 140 Declaration of Covenants, Conditions And Restrictions - 3 5. Common Private Roadway. 5.1 For the benefit of both of the burdened property and the benefitted property above described, a common roadway, one-half on the Declarant’s property and one-half on the Purchaser’s property, shall be established between their respective properties consisting of a 15-foot easement encumbering each property at a location more particularly described in Exhibit C. 5.2 Grant of Easement. By separate document the parties have entered into a Common Road Maintenance Agreement and Reciprocal Access Easement of this even date, which shall run with the land and shall encumber and benefit the properties legally described herein and be binding upon the Purchaser. 6. Enforcement. 6.1 Each property owner shall comply strictly with the covenants, conditions and restrictions set forth in this Declaration. In the event of a violation or breach of any of the same, the Declarant or Purchaser, or their successors-in-interest, jointly or severally, shall have the right to proceed at law or in equity for the recovery of damages, or for injunctive or other equitable relief as may be available at law. If the Declarant or Purchaser seeking enforcement under this section is a prevailing party in any litigation involving this Declaration, then that party also has the right to recover all costs and expenses incurred including reasonable attorney fees and paralegal fees. In the event the Declarant seeks injunctive relief under this provision, no bond shall be required. In the event a Court of competent jurisdiction determines, notwithstanding this provision, that a bond is required, a bond shall be allowed at the lowest amount permissible by law. 6.2 In addition the above rights, the Declarant shall have a right of abatement if Purchaser fails to take reasonable steps to remedy any violation or breach within thirty (30) days after written notice sent by certified mail. A Right of Abatement, as used in this Section, means the right of the Declarant, through its agents and employees, to enter at all reasonable times upon any property subject to this Declaration, as to which a violation, breach or other condition to be remedied exists, and to take the actions specified in the notice to the Purchaser to abate, extinguish, remove or repair such violation, breach, or other condition which may exist thereon contrary to the provisions of this Declaration, without being deemed to have committed a trespass or wrongful act by reason of such entry and such actions; provided such entry and such actions are carried out in accordance with the provisions of this Section. The cost thereof including the costs of collection and reasonable attorneys’ fees shall be a binding personal obligation of the Purchaser, enforceable at law, and shall be a lien on such Purchaser’s parcel. Page 136 of 140 Declaration of Covenants, Conditions And Restrictions - 4 6.3 Any such lien shall be recorded in the real property records of the Franklin County Auditor. The Declarant may bring an action to recover a money judgment for unpaid abatement costs as described above under this Declaration in lieu of foreclosing a lien. The lien for the abatement costs, provided for in this Declaration, shall be subordinate to the lien of any mortgage on such property which was in good faith and for value and which was recorded prior to recordation of the notice of lien. Sale or transfer of any lot shall not affect the validity of this lien. 7. General Provisions. 7.1 The expiration or amendment shall become effective only upon recordation in the real property records of the Franklin County Auditor’s Office. 7.2 Notices and Other Documents. All notices and other communications under this Declaration shall be given to the parties hereto at the following addresses: 7.2.1 If to Declarant: Mr. Dave Zabell, City Manager CITY OF PASCO PO Box 293 525 North 3rd Pasco WA 99301 7.2.2 If to Purchaser: Mr. Vijay Patel, President A-1 PROPERTIES LLC 21505 Cottonwood Drive Kennewick WA 99338 7.3 Severability. Each provision of this Declaration of Covenants, Conditions and Restrictions shall be deemed independent and severable, and the invalidity of any provision shall not affect the validity of enforceability of the remaining part of that or any other provision. Except, should it ever be determined that the City of Pasco is no longer a party benefitted by this Declaration, and is thus no longer capable of seeking legal remedy to enforce the provisions of this Declaration, then, and unless appeal or legislation is known to be pending on such determination, these covenants, conditions and restrictions shall terminate. Page 137 of 140 Declaration of Covenants, Conditions And Restrictions - 5 7.4 Dispute Resolution. Except as provided in Section 6 above, in the event of a dispute regarding the enforcement, breach, default, or interpretation of this Declaration of Covenants, Conditions and Restrictions, the Parties shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the Parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with all Parties waiving the right of a jury trial upon de novo, with venue placed in Pasco, Franklin County, Washington. 8. Contingency. 8.1 These Declaration of Covenants, Conditions and Restrictions are contingent upon the purchase by the Purchaser of the burdened property as described above, and, in the event of Purchaser’s failure to close the purchase of the burdened property, the Covenants, Conditions and Restrictions as provided above, shall be null and void. IN WITNESS WHEREOF, the parties have executed this Declaration of Covenants, Conditions and Restrictions on the _____ day of ________, 2017. DECLARANT: City of Pasco, Washington By: ________________________________ Dave Zabell, City Manager Approved as to the Terms and Form: PURCHASER: A-1 Properties LLC By: ________________________________ Vijay Patel, President Page 138 of 140 Declaration of Covenants, Conditions And Restrictions - 6 STATE OF WASHINGTON ) ) ss. County of Franklin ) On this day personally appeared before me Dave Zabell, City Manager of the City of Pasco, Washington, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary deed for the uses and purposes therein mentioned. SUBSCRIBED and sworn to before me this ____ day of _________________, 2017. __________________________________________ Notary Public in and for the State of Washington, Residing at _______________________________. My Commission Expires: ____________________. STATE OF WASHINGTON ) ) ss. County of _______________ ) On this day personally appeared before me Vijay Patel, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary deed for the uses and purposes therein mentioned. SUBSCRIBED and sworn to before me this ______ day of _____________, 2017. __________________________________________ Notary Public in and for the State of Washington, Residing at _______________________________. My Commission Expires: _______________ Page 139 of 140 EXHIBITC DEVELOPMENT PLAN Exhibit D As a condition 6f sa1e, and as additional consideration to the purchase price, th e Parti es shall negotiate a, Development Plan which consists generally in conformance with the Site P la n attached as Exhibit .1, and the following, onsite and offsite development, item s 1-4, to b e consfructed 'solelyat the cost of the Purchaser: L Construction of'a Cdmrhon entry, ·and private roadway and sidewalk, with ea sement , fro m 20th Avenue easterly, along the southern boundary of the original parcel to the so uth we st comer of' sub-parcel A 'and northerly, along the westerly line of sub-parcel A , to A rgent Road. 2. Un-signalized full interSection at' 20th Avenue with left tum (eastbound onto private roadway) pocket, an'd pedestrian sidewalk tie-in along 20th Avenue, south to crosswalk (see channelization plan; attached): 3. Installation of'utilities including a looped waterline (20th Avenue to Argent Road); stonn water onsite disposal; and sewer line tie-:in with the airport lift station. 4. Intersection improvements oil Argent Road east of 20th Avenue(~ intersection). The following improvement's, items '5 and 6, shall be subject to good faith negoti at io ns an d mutual agreement by the Parties: 5. 'When warranted, City will ·ins.talf signalized intersection improvements at 2 0111 A ve nue , a t the cost of the City or other property developers. 6. Grading· of the property to be purchased, to achieve overall design and fun c ti o nalit y objectives. The Parties .recognize the necessity of flexibility in the development of both the property to be purchased by Purchaser and that retained by the City which will require continued coo perative e fforts to determine the most beneficial division, configuration, and appearance of th e improvements to be constructed upon the property. /. City's Initials ~ Purchaser's Initials A=--- Page 140 of 140