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
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Page 36 of 140
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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
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A subdivision in the City of Pasco, WA
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KENNEWICK, WA 99336
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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
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Page 55 of 140
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Page 57 of 140
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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
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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
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-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
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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
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UBERl'Y LAKE. WA 99019
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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
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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
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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
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ARGENT RD .
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ARGENT ROAD PROJECT -OPTION 1
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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
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1421 N HEAOOWWOOO I.AHE, SUrTE 150
UBERl'Y LAKE. WA 99019
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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