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HomeMy WebLinkAbout2017.08.07 Council Meeting PacketRegular Meeting AGENDA PASCO CITY COUNCIL 7:00 p.m. August 7, 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 July 17, 2017. 8 - 9 (b) Bills and Communications To approve claims in the total amount of $4,948,405.39 ($2,898,235.52 in Check Nos. 217195-217585; $1,295,931.48 in Electronic Transfer Nos. 816482-816957; $60,646.15 in Check Nos. 50737-50821; $693,463.71 in Electronic Transfer Nos. 30109817-30110341; $128.53 in Electronic Transfer No. 383). 10 - 15 (c) * Final Plat: Madison Park, Phase 3 (MF# FP 2017-005) Toapprove the Final Plat for Madison Park, Phase 3. (RC) MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGEMENTS: 16 (a) Presentation of Proclamation for "National Health Center Week" Council to present Proclamation to Martin Valadez, Director of Business Development and Public Relations, Tri-Cities Community Health (b) Presentation of "Excellence in Engineering Award" for the Best Small Page 1 of 61 Regular Meeting August 7, 2017 Works Project, Butterfield Intake Improvements Project Presented by Paul Cross, Executive Vice President and Ryan Withers, Project Manager, RH2 Engineering 17 - 22 (c) Yard and Business of the Month Awards Mayor Watkins to present Certificates of Appreciation for July 2017 "Yard of the Month" and "Business Appearance of the Month" to: Ismael Nava, 635 N. Elm Avenue Shirley Dodd, 3321 W. Yakima Street Lorin Berry, 5107 Hilltop Drive James & Wilma Oeder, 5412 Bakerloo Lane Apple Valley Dental, 6525 Burden Blvd. 5. VISITORS - OTHER THAN AGENDA ITEMS: This item is provided to allow citizens the opportunity to bring items to the attention of the City Council or to express an opinion on an issue. Its purpose is not to provide a venue for debate or for the posing of questions with the expectation of an immediate response. Some questions require consideration by Council over time and after a deliberative process with input from a number of different sources; some questions are best directed to staff members who have access to specific information. Citizen comments will normally be limited to three minutes each by the Mayor. Those with lengthy messages are invited to summarize their comments and/or submit written information for consideration by the Council outside of formal meetings. 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers 7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: 23 - 42 (a) Q* Rezone: Port of Pasco Rezone from RS -1 to I-1 (MF# Z 2017-002) MOTION: I move to adopt Ordinance No. 4352, rezoning parcels #s 119222029, 119222010 and 119232152 from RS -1 (Suburban) to I-1 (Light Industrial), and further, authorize publication by summary only. 43 - 61 (b) Q* Special Permit: Location of a Head Start Early Learning Center (MF# SP 2017-010) MOTION: I move to approve Resolution No. 3784, approving a special permit for the location of a Head Start Early Learning Center in a C -1 zoning district at 6215 Burden Boulevard, as recommended by the Planning Page 2 of 61 Regular Meeting August 7, 2017 Commission. 9. UNFINISHED BUSINESS: 10. NEW BUSINESS: 11. MISCELLANEOUS DISCUSSION: 12. EXECUTIVE SESSION: 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed Q Quasi-Judicial Matter MF# “Master File #....” REMINDERS: 1. 7:00 a.m., Thursday, August 10 – BFCG Tri-Mats Policy Advisory Committee Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; REBECCA FRANCIK, Alt.) 2. 7:00 p.m., Thursday, August 10, Transit Facility - Ben-Franklin Transit Board Meeting. (MAYOR MATT WATKINS, Rep.; COUNC ILMEMBER CHI FLORES, 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 61 AGENDA REPORT FOR: City Council July 24, 2017 TO: Dave Zabell, City Manager Regular Meeting: 8/7/17 FROM: Daniela Erickson, City Clerk Administrative & Community Services SUBJECT: Approval of Minutes I. REFERENCE(S): Minutes 07.17.17 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the Minutes of the Pasco City Council Meeting dated July 17, 2017. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 4 of 61 REGULAR MEETING MINUTES PASCO CITY COUNCIL JULY 17, 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, Matt Watkins and Al Yenney. Excused: Saul Martinez. Staff present: Dave Zabell, City Manager; Stan Strebel, Deputy City Manager; Leland Kerr, City Attorney; Rick White, Community & Economic Development Director; Richa Sigdel, Finance Director; Dan Dotta, Interim Administrative & Community Services Director; Jeff Harpster, Police Captain; Dave Hare, Assistant Fire Chief; Dan Ford, City Engineer and Michael Morales, Interim 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 June 19, 2017 and Special Meeting dated July 10, 2017. Bills and Communications To approve claims in the total amount of $6,281,674.26 ($3,379,840.61 in Check Nos. 216708-217194; $1,429,635.76 in Electronic Transfer Nos. 815966-816430; 816434-816480; $151,653.34 in Check Nos. 50572 -50736; $1,312,983.07 in Electronic Transfer Nos. 30108799 -30109816; $7,561.48 in Electronic Transfer No. 374; 377-381). 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 $250,026.91 and, of that amount, authorize $175,603.39 be turned over for collection. Regional Hotel/Motel Commission Appointment To reappoint Monica Hammerberg (Hampton Inn & Suites) to a two -year term on the Tri-Cities Regional Hotel/Motel Commission, term to expire August 31, 2019. Historic Preservation Commission Reappointments To concur in the Mayor's reappointment of Malin Bergstrom to Position No. 1 and Dan Stafford to Position No. 2 on the Historic Preservation Commission (terms to expire 8/1/20). CDBG Substantial Amendment 2016.1 (MF#BGAP2017 -006) To approve Resolution No. 3777 , amending the Community Development Block Grant (CDBG) Allocations and Annual Work Plans for Program Years 2016 and 2017. Page 1 of 3 Page 5 of 61 REGULAR MEETING MINUTES PASCO CITY COUNCIL JULY 17, 2017 Final Acceptance: 2016 Annual Sewer Re -Lining Project To approve Resolution No. 3778, accepting work performed by Planned & Engineered Construction, Inc., under contract for the 2016 Annual Sewer Re - Lining project. Final Acceptance: Midland Lane Extension Project (South of Sandifur Parkway) To approve Resolution No. 3779, accepting work performed by Premier Excavation Inc., under contract for the Midland Lane Extension (South of Sandifur Parkway) project. Final Acceptance: Road 38 Stormwater Retrofit To approve Resolution No. 3780, accepting work performed by C&E Trenching, LLC., under contract for the Road 38 Stormwater Retrofit project. MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr. Yenney seconded. Motion carried by the following Roll Call vote: Yes - Yenney, Flores, Francik, Hoffmann, Watkins. No - Larsen. PROCLAMATIONS AND ACKNOWLEDGEMENTS: Yard and Business of the Month Awards Mayor Watkins presented Certificates of Appreciation for June 2017 "Yard of the Month" and "Business Appearance of the Month" to: • Michael & Diane Kegley, 3910 Milagro Dr. • Celeste Garcia, 1803 W. Octave St. • Robert & Susan Balmer, 3508 Serena Ln. • Albert & Connie Swanson, 9708 Buckingham Dr. • Port of Pasco, 1110 Osprey Pointe Blvd. End of Legislative Session Presentation Briahna Murray and Chelsea Hager, Gordon Thomas Honeywell Government Affairs, presented a summary of the 2017 State Legislative Session. VISITORS - OTHER THAN AGENDA ITEMS: Bobbie Jenkins, 27 year resident of Pasco, is concerned about passenger cars speeding around Ben-Franklin Transit busses, endangering passengers exiting the busses. Dallas Barnes, 1628 W. Marie St., commented on excessive penalties imposed by the Code Enforcement Board. Steve Bauman, 7114 Maxim Ct., thanked staff for their help and guidance through the platting process for a portion of the DNR property. REPORTS FROM COMMITTEES AND/OR OFFICERS: Mr. Flores reported on the TRIDEC Board of Directors meeting. Mr. Yenney reported on the TRAC Advisory Board meeting. Page 2 of 3 Page 6 of 61 REGULAR MEETING MINUTES PASCO CITY COUNCIL JULY 17, 2017 Ms. Francik, Mr. Hoffmann and Mr. Yenney attended the Tri City Regional Chamber of Commerce Luncheon. Mayor Watkins reported on the Ben-Franklin Transit Board meeting. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Annexation: D&D Annexation (MF# ANX 2017 -002) Council and staff discussed the details of the proposed resolution. MOTION: Ms. Francik moved to approve Resolution No. 3781, accepting a Notice of Intent to Commence annexation proceedings for the D & D Annexation area and providing a determination on the boundary, zoning and indebtedness related thereto. Mr. Yenney seconded. Motion carried unanimously. Preliminary Plat: Riverhawk Estates (MF# PP 2017 -004) Council and staff discussed the details of the proposed resolution. MOTION: Ms. Francik moved to approve Resolution No. 3782, approving the Preliminary Plat for Riverhawk Estates. Mr. Yenney seconded. Motion carried unanimously. Preliminary Plat: Chiawana Place (MF# PP 2017 -005) Council and staff discussed the details of the proposed resolution. MOTION: Ms. Francik moved to approve Resolution No. 3783, approving the Preliminary Plat for Chiawana Place. Mr. Yenney seconded. Motion carried unanimously. MISCELLANEOUS DISCUSSION: Mr. Zabell noted a brush fire burned close to the City Facilities Shop, but only damaged a fence line and some small materials stored outside. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:22 p.m. APPROVED: ATTEST: Matt Watkins, Mayor Daniela Erickson, City Clerk PASSED and APPROVED this 7th day of August, 2017 Page 3 of 3 Page 7 of 61 AGENDA REPORT FOR: City Council August 3, 2017 TO: Dave Zabell, City Manager Regular Meeting: 8/7/17 FROM: Richa Sigdel, Director Finance SUBJECT: Bills and Communications I. REFERENCE(S): Accounts Payable 08.07.17 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $4,948,405.39 ($2,898,235.52 in Check Nos. 217195-217585; $1,295,931.48 in Electronic Transfer Nos. 816482 -816957; $60,646.15 in Check Nos. 50737-50821; $693,463.71 in Electronic Transfer Nos. 30109817-30110341; $128.53 in Electronic Transfer No. 383). III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 8 of 61 August 7, 2017 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers 217195-217585 50737-50821 Total Check Amount $2,898,235.52 $60,646.15 Total Checks 2,958,881.67$ Electronic Transfer Numbers 816482-816957 30109817-30110341 383 Total EFT Amount $1,295,931.48 $693,463.71 $128.53 $0.00 Total EFTs 1,989,523.72$ Grand Total 4,948,405.39$ Councilmember 794,652.84 50,287.76 0.00 29,595.02 19,157.48 6.29 0.00 3,458.40 64,607.22 6,707.02 3,630.48 134,644.57 2,749.14 0.00 5,620.52 1,854.00 0.00 595.04 3,241.13 18,045.00 0.00 72,759.90 24,531.53 0.00 12,929.16 1,824,079.20 22,103.43 7,652.63 62,726.54 0.00 321,430.21 0.00 2,087.62 1,459,253.26 GRAND TOTAL ALL FUNDS:4,948,405.39$ 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 7th day of August, 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 OLD FIRE OPEB FLEX PAYROLL CLEARING Page 9 of 61 AGENDA REPORT FOR: City Council August 4, 2017 TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development Regular Meeting: 8/7/17 FROM: Dave McDonald, City Manager Community & Economic Development SUBJECT: Final Plat: Madison Park, Phase 3 (MF# FP 2017-005) I. REFERENCE(S): Overview Map Vicinity Map Final Plat II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve the Final Plat for Madison Park, Phase 3. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On June 16, 2014 the Council approved Resolution No. 3562 approving a preliminary plat for the Madison Park development. The developer is now seeking final plat approval for Phase 3. Madison Park is a single-family residential development located east of Road 52 and north of Sandifur Parkway. The development contains 387 single -family lots with an average lot size of 10,897 square feet. Phase 2 contains 39 lots. V. DISCUSSION: Prior to the approval of a final plat, the developer is to either install all infrastructure or post a bond or other instrument that secures the financing for the infrastructure improvements. In this case, the developer has completed the improvements. Page 10 of 61 The final plat shows and contains information on primary control points, tract boundaries, dimensions, bearings, lot numbers and other necessary survey data. In addition, the plat contains the required descriptions, dedication and acknowledgment, and approval sections. Page 11 of 61 It e m : M a d i s o n P a r k P h a s e 3 Ap p l i c a n t : E E P r o p e r t i e s L L C Fi l e # : F P 2 0 1 7 - 0 0 5 O v e r v i e w M a p SI T E Page 12 of 61 It e m : M a d i s o n P a r k P h a s e 3 Ap p l i c a n t : E E P r o p e r t i e s L L C Fi l e # : F P 2 0 1 7 - 0 0 5 SI T E Vi c i n i t y Ma p Page 13 of 61 R S I Page 14 of 61 R S I ””””””””””””””””””””Page 15 of 61 Proclamation “National Health Center Week” August 13-19, 2017 WHEREAS, Tri-Cities Community Health has been providing high quality, cost effective, and accessible primary and preventive care, including integrated medical, dental, vision, behavioral health, pharmacy, women, infant and children’s nutritional programs as well as maternity support services at its Pasco locations since 1982; and WHEREAS, Tri-Cities Community Health started with two providers, 3,000 square feet of work space and a budget of $300,000; today, the clinic has a staff of over 300, including 35 providers of medical, dental and behavioral health services, over 52,000 square feet of work space including a School- Based Health Clinic next to Ochoa Middle School in Pasco and a budget of $20 million; and WHEREAS, during the first few years, Tri-Cities Community Health’s annual patient load was about 5,000, today it serves approximately 125,000; and WHEREAS, the week of August 13-19, 2017 marks the celebration of Community Health Centers nationwide; and WHEREAS, it is important to recognize the dedicated staff, board members, and all those responsible for their continued success and growth of Tri-Cities Community Health in Pasco and the Tri-Cities area, and to celebrate the legacy of America’s Health Centers and their vital role in shaping the future; NOW, THEREFORE, I, Matt Watkins, Mayor of the City of Pasco in Washington, do hereby proclaim August 13-19, 2017, as: National Health Center Week in the City of Pasco, and call upon citizens to join in this special observance by visiting Tri -Cities Community Health and celebrating the important partnership between America’s Health Centers and the communities they serve. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Pasco, Washington, to be affixed this 7th day of August 2017. Matt Watkins, Mayor City of Pasco Page 16 of 61 AGENDA REPORT FOR: City Council July 27, 2017 TO: Dave Zabell, City Manager Regular Meeting: 8/7/17 FROM: Dan Dotta, Interim Director Administrative & Community Services SUBJECT: Yard and Business of the Month Awards I. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Mayor Watkins to present Certificates of Appreciation for July 2017 "Yard of the Month" and "Business Appearance of the Month" to: Ismael Nava, 635 N. Elm Avenue Shirley Dodd, 3321 W. Yakima Street Lorin Berry, 5107 Hilltop Drive James & Wilma Oeder, 5412 Bakerloo Lane Apple Valley Dental, 6525 Burden Blvd. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 17 of 61 »3 3?:.m=.3::>>E33 dum?onewBm?mxu3%manm:_>.8mvanmm?ussohsm.39»mo 3:33_m.=.5m:2%3065:£:uEw>o.&Emmaykn.mm:mobzmswvanEm?numusw bmss??ou_u.8>>Bao?snmbsco.39»uow$33.2».30mmwumxw»Ah—®H0£m>> $5.202mme._.._Onmsr <><Zum<Em~ Kcm=3~.~ m:..Zm>4\~\<HN.2mmw uu?mmCavsoummmoummmWC9:$0—mU—H—.—O.U05%.. sotswumxmhw?um.33‘‘two 8999we35 Page 18 of 61 .9850new«E553voomamuw:_>.~mmwasmwamucsoausm.39»me 5334Exam:9%3Bug:$:mEm>oum:.:us...hamm:me.3229vanEw?auisw m::=EEoo6.333Go?sambnou.59»uomm?sa?muwusemmwumxmmnuuwau>> .._.E.ZOEHEBmoQ~_.<?. QQOQxmdzmm Kcm?c? smmmsm<S-v:.CH.3HNMM. uu?wmBUsoummmoummmweEMU93mo:u::oUEMUoai. :oBSu98§mu®B3‘\3x$.U 8999we35 Page 19 of 61 kQ§§:.m=.3B:>>HHS: .m.$£onewBm?mxwvoowamam:_>.$«Eamm:=u::o.i=m.59»mo bswwn_«.:5m:9:3335£:wEm>c.:mEmof.3um:mo§_s:.canEm?nuvam b:.:._EEou.833:9»:FHZHOU.59».8m559%usemmmumxw»98w.U.A.w_u.n_5>> .._.E.ZO—2HIEmonmsr xmmmm>:-O.H Kc3=o~.~ mizmmoidm3.3 ”—U0—@mGaUSOHQmmoummmHO9%W0—mU_.=.—O.r.vGSR. :o\Ss\SEm§N.G®339‘\3x$U 9.39we35 Page 20 of 61 LQ§§%<_m=.S::>>3%: Son§.m=<E3..32::52.6 .m.$5onewEm?mxmteamamuw5>.$mcanmwsmvn?auusm.59»we bsmwnWanna:mi3~65:mEwEm>o.:mE_05hamm:mabzmuwvanuam?suwau bmas??ou—u.E>>Bao?nnmbsou.39»ac“.mvg?wnw.=_o$29332...:w>> LAEZOEmmemoDM<?. 5:50<~\<1:\Sawmmxzl Kc«=53 mzv?oo§:c:\mN53 3333vsoummmoumamweEMU95mo=u:=oU5mU«:8 :Q_5®\eumx~c%&..Nmu_®REM\BLmU 8999we35 Page 21 of 61 duu?onowEm?wxwvcownmaw£>.§vanmwsmuasohsmus?»we Esau:Khan:3:32.9:$:mEw>o.&Emuse.3ww:mo3:55camEu?aumasm hzss??oo_u.::S3co?s?baou.59»newwvuu?muw.35$393znwuuaPS .e_§<mozsaae.Ezozan8mmmamsm. .~<r~Zm~Q>m§<>mE...E< Kc35.3 .Q>Hm~ZMQMBMNmNmw uo?wm36:9...»mmoummmmoEMU2.:mamu::cUEMUmap. :oBSu§%wEu®B3‘\§x$U oomcauwe35 Page 22 of 61 AGENDA REPORT FOR: City Council July 19, 2017 TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development Regular Meeting: 8/7/17 FROM: Darcy Bourcier, Planner I Community & Economic Development SUBJECT: Rezone: Port of Pasco Rezone from RS-1 to I-1 (MF# Z 2017-002) I. REFERENCE(S): Vicinity Map Proposed Ordinance Report to Planning Commission Planning Commission Minutes: Dated 7/20/2017 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. ______, rezoning parcels #s 119222029, 119222010 and 119232152 from RS-1 (Suburban) to I-1 (Light Industrial), and further, authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On July 20, 2017 the Planning Commission conducted a public hearing to determine whether or not to recommend rezoning parcel #s 119222029, 119222010 and 119232152 from RS-1 to I-1. Following the conduct of a public hearing, the Planning Commission reasoned it would be appropriate to rezone the property and recommend approval of the requested rezone. No written appeal of the Planning Commission's recommendation was received. V. DISCUSSION: Page 23 of 61 The applicant is proposing a rezone of parcel #s 119222029, 11 9222010 and 119232152 from RS-1 (Suburban) to I-1 (Light Industrial). The rezone would bring all three parcels into accordance with Pasco's Comprehensive Plan. Page 24 of 61 City of Pasco, IS Division VicinityMap Item: Rezone from R-S-1 to I-1Applicant: Port of PascoFile #: Z 2017-002 ± SITE R o a d 3 6 W A r g e n t R d I-182 W Ar gent Pl P a g e 2 5 o f 6 1 ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON REZONING PARCEL NUMBERS 119222029, 119222010, and 119232152 FROM RS-1 (SUBURBAN) TO I-1 (LIGHT INDUSTRIAL). WHEREAS, a complete and adequate petition for change of zoning classification has been received and an open record hearing having been conducted by the Pasco Planning Commission upon such petition; and, WHEREAS, that the effect of the requested change in zoning classification shall not be materially detrimental to the immediate vicinity; and, WHEREAS, based upon substantial evidence and demonstration of the Petitioner, that: (A) the requested change for the zoning classification is consistent with the adopted Comprehensive Plan; (B) the requested change in zoning classification is consistent with or promotes the goals and objectives of the Comprehensive Plan serving the general public interest in the community; and (C) there has been a change in the neighborhood or community needs or circumstances warranting the requested change of the zoning classification; and (D) the Planning Commission developed findings which are hereby adopted by the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed from RS-1 (Suburban) to I-1 (Light Industrial) for the real property as shown in the Exhibit “1” attached hereto and described as follows: Parcels #s 119222029, 119222010, and 119232152 Section 2. This ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. Passed by the City Council of the City of Pasco this 7th day of August, 2017. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 26 of 61 1 REPORT TO PLANNING COMMISSION MASTER FILE NO: Z 2017-002 APPLICANT: Port of Pasco HEARING DATE: 7/20/2017 3601 N 20th Ave ACTION DATE: 7/20/2017 Pasco, WA 99301 BACKGROUND REQUEST: REZONE: Rezone three parcels from RS-1 (Residential Suburban) to I-1 (Light Industrial) 1. PROPERTY DESCRIPTION: Legal: Parcel #s 119222029, 119222010, and 119232152. General Location: The NE corner of W Argent Road and Road 36. Property Size: Approximately 20 acres combined. 2. ACCESS: The parcels are accessible from Road 36 and Morasch Lane off W Argent Road. 3. UTILITIES: All municipal utilities are currently available to serve the site from Road 36. 4. LAND USE AND ZONING: The lots are currently zoned RS-1 (Residential Suburban) and are vacant. Surrounding properties are zoned and developed as follows: NORTH: I-1 – Tri-Cities Airport SOUTH: RS-1 – I-182 & Crop Fields EAST: I-1 – Tri-Cities Airport WEST: RS-12 – Pasco Golfland 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the property for industrial uses. Land Use Goal ED-2 encourages the appropriate location and design of commercial and industrial facilities within the city. In addition, Policy ED-2-B encourages the development of a wide range of industrial uses strategically located within the community to support local and regional needs. Any zone changes must be consistent with the land use map and the policies established in the Plan. 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). Page 27 of 61 2 ANALYSIS The Port of Pasco is seeking a rezone of parcels 119222029, 119222010, and 119232152 from R-S-1 (Residential Suburban) to I-1 (Light Industrial). The site includes portions of the Tri-Cities Airport operations area and the Tri-Cities Airport Business Center, consisting of about 20 acres across the three vacant parcels. Furthermore, all three parcels lie within either Airport Safety Compatibility Zones (ASCZ) 1 or 2 given their position at the southeast corner of the airport. The portion of the rezoned area that is airport runway is a secure area that is not accessible to the public, while the remaining portion is served by Morasch Lane off W Argent Rd. The Port of Pasco purchased the Tri-Cities Airport in 1963 and, eventually, 277 acres of Airport Reserve designated as open space. This included the subject site. According to the Comprehensive Plan, “The Port of Pasco purchased the Reserve lands to preclude development that is not compatible with airport operations.” Upon annexation in 1979 the site was automatically zoned residential, as were most other newly annexed parcels at that time. I-182 had yet to be constructed at this point in time and the exact location of the airport’s property lines were still in dispute, later resulting in the inappropriate isolation of the site as the Interstate cut through in 1984. Today, as stated in the Comprehensive Plan, the site can only be rezoned industrial. Constructing dwelling units on this site has been prohibited since the implementation of the ASCZs; however, there are few restrictions for industrial uses. Approximately two-thirds of the site lies within ASCZ 1, which permits airport uses only. The remaining third of the site lies within ASCZ 2, which restricts dwellings and other buildings or uses which would encourage public assembly (such as churches and public parks). Not only will rezoning to I-1 bring the property into compliance with the Comprehensive Plan, it will enable the Port of Pasco and the Airport to utilize an otherwise empty, unusable area of land. It should also be mentioned that the City of Pasco has already been made aware of interest in the development of this site. The requested I-1 zone permits development of various storage yards (such as trucking and building material), laboratories, automotive repair shops, kennels, metal shops, manufacturing and packaging plants, printing plants, parking lots, and all uses permitted in the C-3 district (which includes heavy machinery sales and service). On top of the City zoning regulations the Airport Business Park Plan restricts the type of land uses that will be permitted in the Business Park. Most industrial and C-3 uses are not permitted in the Airport business Park. The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria are listed below as follows: Page 28 of 61 3 1. The date the existing zone became effective: The current zoning classification was established after 1979 when the property was annexed to the City. 2. The changed conditions, which are alleged to warrant other or additional zoning: Since annexation the airport boundaries have been more accurately redefined as a result of the construction of I-182 and the realignment of Argent Road in 1984 and 1985. Additionally the Port has adopted and updated its Airport Master Plan several times in the past 30 years outlining the types of land uses that would be acceptable in and around the airport. The City’s Comprehensive Plan has also been updated several times since 1985 and the zoning for the property in question is no longer consistent with the Plan. 3. Facts to justify the change on the basis of advancing the public health, safety and general welfare: Rezoning the property will support public and private efforts and expenditures to posture the property for major industrial or commercial development. By expanding opportunities for industrial and commercial development the City will be expanding employment opportunities and the tax base thereby advancing the general welfare of the community. 4. The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: The comprehensive Plan designates the site for Industrial development. Policies (ED-2-B) of the plan encourage the development of a wide range of industrial and commercial uses strategically located within the community to support local and regional needs. There will be little to no impact to surrounding properties which are currently zoned either I-1 (Tri-Cities Airport) or RS-12 (Golfland golf course). The rezone will bring the property into compliance with the City of Pasco Comprehensive Plan and the Tri-Cities Airport and Business Master Plan as well as encourage appropriate industrial or commercial development. 5. The effect on the property owner or owners if the request is not granted: Without transitioning the site to industrial zoning the development potential of the site is limited due to the close proximity to the Tri-Cities Airport and the designated ASCZs. The site is likely to remain undeveloped for many years if it is not rezoned. Moreover, since the proposed rezone is in accordance with the Comprehensive Plan, there is little reason to postpone the process. Page 29 of 61 4 STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The site is comprised of three tax parcels. 2. The site is vacant. 3. The site is approximately 20 acres in size. The site is currently zoned RS- 1 (Residential Suburban). 4. Properties to the north and east are zoned I-1. 5. Properties to the south on the other side of I-182 are zoned RS-1. 6. The golf course to the west is zoned RS-12. 7. The site was annexed into the City in 1979 and has remained undeveloped since that time. 8. The site is accessible off Road 36 and from a local access street off W Argent Road. 9. The applicant is requesting I-1 (Light Industrial) zoning. 10. The proposed rezone brings zoning in compliance with the Comprehensive Plan and is compatible with the Tri-Cities Airport and Business Master Plans. 11. The site includes portions of the Tri-Cities Airport operations area and the Tri-Cities Airport Business Center. 12. The site lies within Airport Safety Compatibility Zones (ASCZ) 1 and 2. 13. All municipal utilities are currently available in Road 36. 14. The Comprehensive Plan encourages the appropriate location and design of commercial and industrial facilities within the city as well as the development of a wide range of industrial uses strategically located within the community to support local and regional needs. 15. Housing construction and other residential uses are prohibited on the site. Page 30 of 61 5 CONCLUSIONS BASED ON STAFF 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 conclusions based upon the criteria listed in PMC 25.86.060. The criteria are as follows: 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. The proposal is consistent with the Comprehensive Plan Land Use Map and Land Use Goal ED-2 which encourages the appropriate location and design of commercial and industrial facilities within the city. In addition, Policy ED-2-B encourages the development of a wide range of industrial uses strategically located within the community to support local and regional needs. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. The Tri-Cities Airport property surrounding the site to the north and east is zoned for industrial development (I-1). A rezone will be beneficial for the airport and the Port of Pasco, as they will have the ability to develop the site with industrial or airport-related uses as needed. 3. There is merit and value in the proposal for the community as a whole. There is merit in rezoning parcels within the City in accordance with the goals and policies contained in the Comprehensive Plan. The proposed zoning is consistent with the Plan’s Land Use Map. Providing an increased range of industrial and commercial opportunities available in those areas currently served by municipal utilities will enable efficient use of capital resources. The proposal is supported by land use goals and policies contained in the Comprehensive Plan. 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. No special conditions are proposed by staff. 5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A concomitant agreement is not needed. *Staff is recommending the matter be reviewed and forwarded to the Council after the public hearing on July 20th Page 31 of 61 6 RECOMMENDATION MOTION for Findings of Fact: I move to close the hearing and adopt findings of fact and conclusions therefrom as contained in the July 20, 2017 staff report. MOTION for Recommendation: I move, based on the findings of fact as contained in the July 20, 2017 staff report and conclusions as adopted, the Planning Commission recommend the City Council rezone the three parcels located at the northeast corner of Road 36 and West Argent Road from RS-1 to I-1. Page 32 of 61 City of Pasco, IS Division OverviewMap Item: Rezone from R-S-1 to I-1Applicant: Port of PascoFile #: Z 2017-002 ± SITE R o a d 3 6 W A r g e n t R dI-182 R o a d 4 4 2 0 t h A v e P a g e 3 3 o f 6 1 City of Pasco, IS Division VicinityMap Item: Rezone from R-S-1 to I-1Applicant: Port of PascoFile #: Z 2017-002 ± SITE R o a d 3 6 W A r g e n t R d I-182 W Ar gent Pl P a g e 3 4 o f 6 1 Land UseMap Item: Rezone from R-S-1 to I-1Applicant: Port of PascoFile #: Z 2017-002 ± SITE R o a d 3 6 W A r g e n t R d I-182 W Ar gent Pl AirportGolf Course Crop FieldP a g e 3 5 o f 6 1 ZoningMap Item: Rezone from R-S-1 to I-1Applicant: Port of PascoFile #: Z 2017-002 ± SITE R o a d 3 6 W A r g e n t R d I-182 W Ar gent Pl I-1R-S-12 R-S-12 I-1 P a g e 3 6 o f 6 1 Looking North P a g e 3 7 o f 6 1 Looking East P a g e 3 8 o f 6 1 Looking South P a g e 3 9 o f 6 1 Looking West P a g e 4 0 o f 6 1 PLANNING COMMISSION MINUTES 7/20/17 PUBLIC HEARINGS: G. Special Permit Port of Pasco Rezone from RS-1 to I-1 (Port of Pasco) (MF# Z 2017-002) Chairman Cruz read the master file number and asked for comments from staff. Darcy Bourcier, Planner I, discussed the rezone application from RS-1 (Residential Suburban) to I-1 (Light Industrial). The Port of Pasco and the Tri-Cities Airport are seeking a rezone of three parcels that include portions of the Tri-Cities Airport Operations Area and the Airport Business Center – combined it will be 20 acres. All three parcels lie within either airport safety compatibility zones 1 or 2, which restrict certain uses in those areas. The portion of the rezone area that is airport runway is a secure area not accessible to the public while the remaining portion is served by Morasch Lane off of West Argent Road. When the site was annexed in 1979, it was automatically zoned residential. I-182 had not been constructed yet and the exact location of the airport’s property lines were still in dispute. This resulted in the inappropriate isolation of the site as the interstate cut through in 1984. The Port adopted and updated its Airport Master Plan several times in the past 30 years outlining the land uses that would be acceptable in and around the airport. The City’s Comprehensive Plan has also been updated several times since 1985. The current RS- 1 zoning for the property is not consistent with the City’s plan. The airport safety compatibility zones restrict residential uses in these areas but there are few restrictions for industrial uses. Not only will rezoning to I-1 bring the property into compliance with the Comprehensive Plan, it will enable the Port of Pasco and the airport to utilize an otherwise unusable area of land. It should also be noted that the City of Pasco has already been made aware of interests in developing this site already. Staff is recommending this rezone be reviewed and forwarded to City Council in one meeting. Commissioner Roach asked what interests have been showed at this site. Ms. Bourcier responded that there has been interest in the building of an auto auction building, however it is only speculative at this time. Gary Ballow with the Port of Pasco, 1110 Osprey Pointe Boulevard, spoke on behalf on this item. He introduced the Executive Director for the Port of Pasco, Randy Hayden, and the Director of the Airport, Buck Taft. They are in support of the rezone request. The Port of Pasco owns and manages the Tri-Cities Airport and in that, they try to protect the airport and land use as well as encourage development that would meet those uses. They are currently working with a tenant of the Airport Business Center and this use is a preferential use for being near an airport, meets the safety zones and meets the City’s Comprehensive Land Use. The Port was surprised to find that the zoning did not match the airport or City’s plan. Page 41 of 61 Chairman Cruz reminded that Commission about the lengthy process of the airport safety zones. Tom Kidwell, 4320 Riverhaven, spoke on behalf of this item. He does not believe this site should be used for an auction site due to the amount of people that will be here on auction days. They have plenty of land without placing it in this location. As to the rezone, he did not have an issue with the zoning – the issue was with the proposed use. Mr. Ballow addressed the location for the proposed auction site. Given the shape and location of the site, they felt this use fit the best use of the site. He stated that it will be landscaped to look very nice. Commissioner Greenaway asked if this would be fenced off from the airport. Mr. Ballew said yes. With no further questions or comments the public hearing closed. Commissioner Roach moved, seconded by Commissioner Greenaway, moved to close the hearing and adopt the findings of fact and conclusions therefrom as contained in the July 20, 2017 staff report. The motion passed unanimously. Commissioner Roach moved, seconded by Commissioner Greenaway, based on the findings of fact as contained in the July 20, 2017 staff report and conclusions as adopted, the Planning Commission recommend the City Council rezone the three parcels located at the northeast corner of Road 36 and West Argent Road from RS-1 to I-1. The motion passed unanimously. Page 42 of 61 AGENDA REPORT FOR: City Council July 19, 2017 TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development Regular Meeting: 8/7/17 FROM: Darcy Bourcier, Planner I Community & Economic Development SUBJECT: Special Permit: Location of a Head Start Early Learning Center (MF# SP 2017-010) I. REFERENCE(S): Vicinity Map Proposed Resolution Report to Planning Commission Planning Commission Minutes: Dated 7/20/2017 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No.____, approving a special permit for the location of a Head Start Early Learning Center in a C -1 zoning district at 6215 Burden Boulevard, as recommended by the Planning Commission. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On July 20, 2017 the Planning Commission conducted a public hearing to take public input regarding the proposal to locate a Head Start Early Learning Center at 6215 Burden Boulevard. Following conduct of the hearing, the Planning Commission determined the proposal to be reasonable and developed a recommendation to approve location of the Head Start Early Learning Center at 6215 Burden Boulevard. No written appeal of the Planning Commission's recommendation has been received. Page 43 of 61 V. DISCUSSION: The applicant is proposing to establish a Head Start Early Learning Center at 6215 Burden Boulevard (the former Jig-Saw preschool building). The location is in a C -1 (Retail Business) zoning district. The Head Start facility will initially accommodate 51 students but will have the capacity to accommodate 102 students. The Planning Commission reccomends approval. Page 44 of 61 City of Pasco, IS Division VicinityMap Item: Head Start in C-1 ZoneApplicant: Benton Franklin Head StartFile #: SP 2017-010 ± SITE Fenway Dr Burden Blvd P a g e 4 5 o f 6 1 … RESOLUTION NO._______ A RESOLUTION GRANTING A SPECIAL PERMIT FOR THE LOCATION OF A HEAD START IN A C-1 ZONING DISTRICT AT 6215 BURDEN BOULEVARD. WHEREAS, Benton Franklin Head Start submitted an application for the location of a Head Start Early Learning Center located at 6215 Burden Boulevard (Tax Parcel #116 273 769); and WHEREAS, the Planning Commission held a public hearing on July 20, 2017 to review a special permit for the proposed Head Start; and, WHEREAS, following deliberations on July 20, 2017 the Planning Commission recommended approval of a Special Permit for the Head Start 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 Benton Franklin Head Start for a Head Start Early Learning Center in a C-1 Zoning district under Master File # SP 2017-010 with the following conditions: a. The special permit shall apply to Parcel No. 116 273 769; b. The applicant must restore and maintain all landscaping and the outdoor play area to its original condition; c. The applicant shall comply with all DSHS operational requirements for the Head Start Early Learning Center; d. The Head Start Early Learning Center shall not object to the transfer, renewal or issuance of a liquor license for an existing or new establishment within 1,000 feet of the property; e. The special permit shall be null and void if a business license has not issued by the first day of classes. 2. Passed by the City Council of the City of Pasco this 7th day of August, 2017. _______________________________ Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: ________________________________ _____________________________ Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 46 of 61 REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 2017-010 APPLICANT: Benton Franklin Head Start HEARING DATE: 7/20/2017 1549 Georgia Ave SE, Ste. B ACTION DATE: 7/20/2017 Richland, WA 99352 BACKGROUND REQUEST: SPECIAL PERMIT: Location of a Head Start Early Learning Center in a C-1 District. 1. PROPERTY DESCRIPTION: Legal: Binding Site Plan 2009-01 Lot 1 General Location: 6215 Burden Blvd Property Size: 43,522 square feet (1 acre) 2. ACCESS: The site is accessible from Burden Boulevard. 3. UTILITIES: All municipal utilities are available to the site from Burden Boulevard. 4. LAND USE AND ZONING: The site is currently zoned C-1 (Retail Business). Properties to the north are developed with the Sunny Meadows Subdivision and are zoned R-1 (Low Density Residential). Properties to the east and west are zoned C-1 and developed with multi- tenant office buildings together with a mini-storage facility. The TRAC facility and the City owned GESA baseball stadium are located to the south and are also zoned C-1. 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Commercial uses. Goal LU-3-A encourages the location of daycare facilities in each residential neighborhood. 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 applicant is proposing to open a new Head Start Early Learning Center within the existing structure on the site in question. Initially, the center and its thirteen full-time employees will provide daycare and learning services for 51 children for 6.5 hours a day, five days a week. The 11,640 square foot Page 47 of 61 2 building—which can accommodate up to 102 students—contains eight classrooms, an administrative office, a kitchen, and an infant room; a playground area is located on the east side of the building adjacent to the mini- storage facility. The ages of the children served will range from 3 to 5 years. The existing building on the site was originally constructed in 2009 to be used as a daycare/pre-school, and the applicant at the time had been granted a special permit for the operation of the daycare. It lasted only a few years before it closed its doors and the building been vacant ever since. Even though Benton Franklin Head Start is applying for an identical use within the same building, the special permit that was granted in 2009 is personal to the initial applicant and cannot be transferred. The site is located on Burden Boulevard 2,820 feet east of Road 68, both of which are arterial streets. Traffic to and from the proposed Head Start center will typically coincide with the morning peak traffic through the neighborhood. The afternoon traffic to the center will occur prior to the evening peak. Staff estimates the center could generate around 240 vehicle trips per day. Experience has shown that vehicle trips to daycare centers and preschools in Pasco do not reach the volumes indicated in the ITE Trip Generation Manual. The ITE manual was not used to determine vehicle trips for this facility. The site currently contains 40 parking spaces, but a daycare facility of the size proposed requires about 50 parking spaces; additional parking is available directly to the west in the Times Square Commercial Center parking lot. The lot in question is part of the same Binding Site Plan which includes shared access and parking. Daycares/nursery schools are defined as community service facilities and as such are required to obtain a special permit before locating anywhere within the City. The operation of the Jig Saw Pre-School did not create a nuisance or problem for the operation of the nearby mini-storage facility, offices and retail businesses. INITIAL STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The site is zoned C-1 (Retail Business). Page 48 of 61 3 2. Daycares/nursery schools are defined by the zoning regulations (PMC 25.12.155) as community service facilities. 3. Community service facilities require review through the special permit process (PMC 25.86) prior to locating within the City. 4. A special permit was granted in 2009 for the construction and use of a daycare/pre-school, but the facility was vacated after only a few years. 5. The Comprehensive Plan identifies the site for Commercial uses. 6. Auto repair shops, car washes, restaurants, taverns, membership clubs and retail stores are permitted uses in the C-1 district. 7. Restaurants, taverns, membership clubs and retail stores are generally open for business 7 days per week. 8. Business hours for restaurants, taverns, membership clubs and retail stores can extend to 9:00 pm or later. 9. The site proposed for a Head Start Early Learning Center has an existing daycare/pre-school building and a playground. 10. The proposed Head Start could generate up to approximately 240 vehicle trips per day (including employees) if each child arrived in an individual vehicle. If the facility reaches full capacity of 102 students the vehicle trip count could double to 480. 11. The applicant indicated a maximum capacity of 102 students for the Head Start building in the future. 12. The Head Start will accommodate children ages 3-5 years. 13. The Head Start will have up to 51 students and 13 staff members initially. 14. The site plan indicates forty (40) on-site parking stalls. TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF 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 conclusions based upon the criteria listed in P.M.C. 25.86.060. The criteria are as follows: 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 proposed daycare/pre-school supports Plan Goal LU-3-A which encourages such facilities to be located in neighborhoods. 2) Will the proposed use adversely affect public infrastructure? Page 49 of 61 4 All municipal utilities are currently available to the proposed site from Burden Boulevard. 3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The existing neighborhood is commercial in nature. The proposed Head Start pre-school will be housed in a commercial building that meets the I-182 overlay design standards. In this respect the building has been constructed and maintained in harmony with the intended character of the general vicinity. The granting of a previous special permit is an indication that the proposed facility meets the intended character of the general vicinity. 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 existing structure is a one story building constructed with an appearance similar to adjoining commercial buildings. The County Assessor’s records indicate the value of the adjoining residential properties to the north have increased over the years. The existing commercial zoning and development has not impaired the value of adjoining residential properties to the north. 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? Traffic to and from the site will correspond to the morning peaks through the neighborhood and will access the site from Burden Boulevard rather than the residential neighborhood from the north. This use will not generate vibrations, noise or fumes that often accompany permitted uses such as car washes, restaurants, and taverns. A daycare/nursery-school may be less disruptive to the adjacent residences than other permitted uses due to the fact the daycare/nursery school will be closed on weekends, holidays and during evening hours when people tend to be home. 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? Daycares are similar to schools, which are commonly located in or adjacent to residential neighborhoods where they are generally not viewed as a nuisance. Other uses permitted in the C-1 zone such as car-washes, taverns, nightclubs, and restaurants are more likely to be disruptive than the proposed Head Start. Page 50 of 61 5 *Students have been enrolled to start attending as early as September. Therefore, staff is recommending the matter be reviewed and forwarded to the Council after the public hearing on July 20th. APPROVAL CONDITIONS 1) The special permit shall apply to Parcel No. 116273769; 2) The applicant must restore and maintain all landscaping and the outdoor play area to its original condition; 3) The applicant shall comply with all DSHS operational requirements for the Head Start Early Learning Center; 4) The Head Start Early Learning Center shall not object to the transfer, renewal or issuance of a liquor license for an existing or new establishment within 1,000 feet of the property; 5) The special permit shall be null and void if a business license has not issued by the first day of classes. RECOMMENDATION MOTION: I move to close the hearing and adopt findings of fact and conclusions therefrom as contained in the July 20, 2017 staff report. MOTION: I move, based on the findings of fact as adopted, the Planning Commission recommend the City Council grant a special permit to Benton Franklin Head Start for the location of a Head Start Early Learning Center at 6215 Burden Boulevard with conditions as contained in the July 20, 2017 staff report. Page 51 of 61 City of Pasco, IS Division VicinityMap Item: Head Start in C-1 ZoneApplicant: Benton Franklin Head StartFile #: SP 2017-010 ± SITE Fenway Dr Burden Blvd P a g e 5 2 o f 6 1 Land UseMap Item: Head Start in C-1 ZoneApplicant: Benton Franklin Head StartFile #: SP 2017-010 ± SITE Fenway Dr Burden Blvd SFDUs Commercial Gesa Stadium P a g e 5 3 o f 6 1 ZoningMap Item: Head Start in C-1 ZoneApplicant: Benton Franklin Head StartFile #: SP 2017-010 ± SITE Fenway Dr Burden Blvd R-1 C-1 RT, C-1 P a g e 5 4 o f 6 1 The Site P a g e 5 5 o f 6 1 Looking North P a g e 5 6 o f 6 1 Looking East P a g e 5 7 o f 6 1 Looking South P a g e 5 8 o f 6 1 Looking West P a g e 5 9 o f 6 1 -1- PLANNING COMMISSION MINUTES 7/20/17 PUBLIC HEARINGS: E. Special Permit Head Start Early Learning Center (Benton Franklin Head Start) (MF# SP 2017-010) Chairman Cruz read the master file number and asked for comments from staff. Darcy Bourcier, Planner I, discussed the special permit application for a Head Start Early Learning Center. Benton Franklin Head Start wishes to open their early learning center in an existing structure located in a C-1 zone. The center will operate 5 days per week and will initially have 13 full-time employees and 51 children, ages 3-5. The building can potentially accommodate up to 102 students. The existing building on site was originally constructed in 2009 to be used as a daycare/pre-school and the applicant at that time had been granted a special permit for the operation of a daycare. The center was only in business for a few years before closing and the building has been vacant since. Although Benton Franklin Head Start is applying for an identical use special permit within the same building, the special permit that was granted in 2009 was personal to the initial applicant and cannot be transferred. The operation of Jig-Saw Pre-School (the original business) did not create a nuisance to the nearby businesses. Traffic to and from this proposed center will typically coincide with the morning peak traffic and slightly prior to the afternoon peak. Staff estimates the center could generate up to 240 vehicle trips per day, however, typically vehicle trips to daycare centers and pre-schools in Pasco don’t reach the volumes indicated in the ITE Trip Generation Manual. There are 40 parking spaces on this site with additional parking directly to the west in the Times Square Commercial Center parking lot. Because students have already been enrolled to start this program as early as September, Staff is recommending this special permit be reviewed and forwarded to City Council in one meeting. Kathy Parson, of Benton Franklin Head Start, 1549 Georgia Avenue SE, Richland, WA spoke on behalf of her application. She explained that their program has been in the Tri- Cities since the 1960’s. Their program is a pre-school readiness program for children living in poverty. Recently they have been a 3 ½ hour per day program but recently their federal regulations have changed and the new requirements require an all day program. With the change they needed a new location with larger space. Based on the community needs assessment, Pasco is where there is a great need for this program, slightly more so than the other cities. They are ready to begin their program, renovations have been completed with a federal grant and it looks beautiful. Chairman Cruz asked if there has been any opposition for any of the neighbors. Ms. Parson said not that she is aware of. Commissioner Roach asked Ms. Parson if she was in agreement with the approval conditions. Ms. Parson responded yes. Page 60 of 61 -2- With no further questions or comments the public hearing was closed. Commissioner Roach moved, seconded by Commissioner Greenaway, to close the hearing and adopt the findings of fact and conclusions therefrom as contained in the July 20, 2017 staff report. The motion passed unanimously. Commissioner Roach moved, seconded by Commissioner Greenaway, based on the findings of fact as adopted, the Planning Commission recommend the City Council grant a special permit to Benton Franklin Head Start Early Learning Center at 6215 Burden Boulevard with conditions as contained in the July 20, 2017 staff report. The motion passed unanimously. Page 61 of 61