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HomeMy WebLinkAbout2018.02.05 Council Meeting PacketRegular Meeting AGENDA PASCO CITY COUNCIL 7:00 p.m. February 5, 2018 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 - 10 (a) Approval of Minutes To approve the Minutes of the Pasco City Council Regular Meeting dated January 16, 2018. 11 - 12 (b) Bills and Communications To approve claims in the total amount of $5,177,034.27 ($3,351,467.37 in Check Nos. 220209 - 220569; $1,141,629.56 in Electronic Transfer Nos. 819236 - 819288, 819301 - 819334, 819342 - 819343, 819346 - 819355, 819357 - 819593, 819630 - 819634; $27,953.01 in Check Nos. 51383 - 51411; $653,738.68 in Electronic Transfer Nos. 30116369 - 30116820; $2,245.65 in Electronic Transfer Nos. 448 - 449). 13 - 24 (c) Q* Special Permit Appeal: Solid Waste Transfer Station in an I -1 Zone (2022 Commercial Ave LLC) (MF# APPL 2018-001) To set 7:00 p.m., March 5, 2018, as the time and date for a closed record hearing to consider the appeal of the Planning Commission recommendation filed under Master File # APPL 2018-001. (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 Page 1 of 92 Regular Meeting February 5, 2018 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: 25 - 31 (a) Proposed Parking Restrictions on Schuman Lane MOTION: I move to adopt Ordinance No. 4377, amending Pasco Municipal Code, Section 10.56.080, Schedule III "Parking Prohibited at All Times on Certain Streets" and, further, authorize publication by summary only. 32 - 36 (b) * GMA Development Agreements MOTION: I move to adopt Ordinance 4378, creating Chapter 26.50 "GMA Development Agreements," and further, authorize publication by summary only. 37 - 49 (c) City Property on Commercial Avenue MOTION: I move to approve Resolution No. 3817, approving the sale of certain real property on Commercial Avenue. 50 - 68 (d) Q* Special Permit: Location of a Used Auto Sales Lot in a C-1 Zone (MF# SP2017-020) MOTION: I move to approve Resolution No. 3818, approving a special permit for the location of an auto sales lot in a C-1 zoning district at 1424 North 4th Avenue. 69 - 92 (e) Q* Special Permit: Expansion of a Daycare Center in an RS-12 District MOTION: I move to approve Resolution No. 3819, approving a special permit for the expansion of a commercial daycare center located at 3503 W Sylvester Street. Page 2 of 92 Regular Meeting February 5, 2018 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. 1:30 p.m., Monday, February 5, Fire Training Center, 1811 S. Ely, Kennewick - Emergency Medical Services Board Meeting. (COUNCILMEMBER BLANCHE BARAJAS, Rep.; DAVID MILNE, Alt.) 2. 7:00 p.m., Thursday, February 8 - Ben-Franklin Transit Board Meeting. (MAYOR MATT WATKINS, Rep.; COUNCILMEMBER RUBEN ALVARADO, Alt.) 3. 5:00 p.m., Saturday, February 10, Kennewick Red Lion - Tri-City Waterfollies “Champion’s Gala.” (MAYOR MATT WATKINS, COUNCILMEMBERS CRAIG MALONEY and PETE SERRANO) 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 92 AGENDA REPORT FOR: City Council January 18, 2018 TO: Dave Zabell, City Manager Regular Meeting: 2/5/18 FROM: Daniela Erickson, City Clerk Administrative & Community Services SUBJECT: Approval of Minutes I. REFERENCE(S): Minutes 01.16.18 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the Minutes of the Pasco City Council Regular Meeting dated January 16, 2018. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 4 of 92 REGULAR MEETING MINUTES PASCO CITY COUNCIL JANUARY 16, 2018 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmembers present: Ruben Alvarado, Blanche Barajas, Craig Maloney, Saul Martinez, David Milne, Pete Serrano, and Matt Watkins. Staff present: Dave Zabell, City Manager; Leland Kerr, City Attorney; Richard Terway, Interim Public Works Director; Rick White, Community & Economic Development Director; Richa Sigdel, Finance Director; Dan Dotta, Interim Administrative & Community Services Director; Bob Metzger, Police Chief and Bob Gear, Fire Chief. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: Approval of Minutes To approve the Minutes of the Pasco City Council Regular Meeting dated December 4, 2017 and Special Meetings dated December 11, 2017 and January 8, 2018. Final Plat: Ellie Estates (MF# FP 2017-011) To approve the Final Plat for Ellie Estates. Bills and Communications To approve claims in the total amount of $11,865,055.82 ($4,167,703.77 in Check Nos. 219524-220208; $1,699,748.45 in Electronic Transfer Nos. 818882-818883, 818888-819010, 819015-819233, 819289-819294, 819297- 819299; $91,254.43 in Check Nos. 51299-51382; $2,413,752.22 in Electronic Transfer Nos. 30114883-30116338; $3,492,596.95 in Electronic Transfer Nos. 427-442). To approve bad debt write-off for the month of November 2017 for Utility Billing, Ambulance, Cemetery, General Accounts, Miscellaneous Accounts, and Municipal Court (non-criminal, criminal, and parking) accounts receivable in the total amount of $209,726.20 and, of that amount, authorize $154,402.70 to be turned over for collection. To approve bad debt write-off for the month of December 2017 for Utility Billing, Ambulance, Cemetery, General Accounts, Miscellaneous Accounts, and Municipal Court (non-criminal, criminal, and parking) accounts receivable in the total amount of $302,079.58 and, of that amount, authorize $245,198.91 to be turned over for collection. This item was removed from the Consent Agenda and moved to Item 10(c) - New Business. Dedication Deed: Right-of-Way for a Portion of Sunset Trail (MF# DEED 2017-010) To accept the deed from Jeffery Tucksen and Poppi Raymen for a portion of the Sunset Trail right-of-way. Page 1 of 6 Page 5 of 92 REGULAR MEETING MINUTES PASCO CITY COUNCIL JANUARY 16, 2018 MOTION: Mr. Maloney moved to approve the Consent Agenda as amended. Mr. Martinez seconded. Motion carried by unanimous Roll Call vote. VISITORS - OTHER THAN AGENDA ITEMS: Victor Epperly, Kennewick, WA spoke about the Tri-Cities Regional Public Facilities District and HB 2251 and urged the Pasco City Council to support this bill. Jeffrey Robinson, lives in Councilmember Milne's District, discussed the importance of considering an Inclusivity Resolution and to put aside prejudices and welcome all. REPORTS FROM COMMITTEES AND/OR OFFICERS: Mayor Watkins discussed his attendance at the Benton Franklin Transit Meeting last week and the service changes that were implemented last fall. Thus far they have been well received. Mr. Alvarado mentioned that he attended his first BFCG Tri-Mats Policy Advisory Committee last week. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: CDBG Program Section 108 Guaranteed Loan Program (MF# BGAP 2017-007) Council and staff discussed the proposed resolution. Mayor Watkins declared the Public Hearing open to consider the proposed vacation. Following three calls for comments, and there being none, Mayor Watkins declared the Public Hearing closed. MOTION: Mr. Maloney moved to approve Resolution No. 3814, authorizing the submission of application and agreement and certifications to the US Department of Housing and Urban Development for the Section 108 Loan Guarantee Program. Mr. Martinez seconded. Motion carried unanimously. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Sharma Rezone from R-1 to R-4 (MF #Z 2017-007) Mr. Kerr explained the details of Council's role in Quasi-Judicial matters. Mayor Watkins disclosed he received emails and stopped reading them. He also saw something on a website regarding this matter. Mr. Martinez disclosed he received emails but could proceed objectively. Mr. Serrano disclosed he received emails, viewed website comments and remained unbiased. Mr. Maloney disclosed he received emails. Mr. Milne disclosed he received emails as well. There were no objections to their participation. Mr. Kerr said the email would be made a part of the record. Mayor Watkins asked if anyone present would like to rebut and no one came forward. Page 2 of 6 Page 6 of 92 REGULAR MEETING MINUTES PASCO CITY COUNCIL JANUARY 16, 2018 Mr. White explained the details of the proposed rezone. Council and staff discussed the record. MOTION: Mr. Maloney moved to adopt Ordinance No. 4376, rezoning Tax Parcel #115-180-064 from R-1 (Low Density Residential) to R-4 (High Density Residential), and further, authorize publication by summary only. Ms. Barajas seconded. Motion carried 6-1. No - Serrano. City Council Representation on Boards and Committees MOTION: Mr. Maloney moved to approve Resolution No. 3815, confirming Mayoral appointments of Councilmembers to various Boards and Committees for years 2018-2019. Mr. Milne seconded. Motion carried unanimously. Special Permit: Location of a CITC Vocational School in a C-1 Zone (MF# SP2017-023) Mayor Watkins mentioned this was another Quasi-Judicial matter. Mr. White explained the details of the proposed special permit. Council and staff discussed the record. MOTION: Mr. Maloney moved to approve Resolution No. 3816, approving a special permit for the location of a Vocational School in a C-1 zoning district at 5804 Road 90 as recommended by the Planning Commission. Ms. Barajas seconded. Motion carried unanimously. NEW BUSINESS: Oregon Ave Corridor, No. 12002 - Supplement with CH2M Council and staff discussed the supplement. MOTION: Mr. Maloney moved to approve the final Supplement of the Professional Services Agreement for the design services of the Oregon Avenue Corridor project with CH2M, and further, authorize the City Manager to execute the agreement. Mr. Martinez seconded. Motion carried unanimously. Purchase and Sales Agreement with DNR Council and staff discussed the proposed agreement. MOTION: Mr. Maloney moved to approve the purchase and sale agreement with DNR authorizing the purchase of the water right S3-28876(A) for $105,525 and authorize the City Manager to execute all necessary documents. Mr. Serrano seconded. Motion carried unanimously. Bills and Communications Council and staff discussed the details of Bills and Communications including a presentation on bad debt write-offs by Ms. Sigdel. MOTION: Mr. Maloney moved to approve claims in the total amount of $11,865,055.82 ($4,167,703.77 in Check Nos. 219524-220208; $1,699,748.45 in Electronic Transfer Nos. 818882-818883, 818888-819010, 819015-819233, 819289-819294, 819297-819299; $91,254.43 in Check Nos. 51299-51382; Page 3 of 6 Page 7 of 92 REGULAR MEETING MINUTES PASCO CITY COUNCIL JANUARY 16, 2018 $2,413,752.22 in Electronic Transfer Nos. 30114883-30116338; $3,492,596.95 in Electronic Transfer Nos. 427-442); approve bad debt write-off for the month of November 2017 for Utility Billing, Ambulance, Cemetery, General Accounts, Miscellaneous Accounts, and Municipal Court (non-criminal, criminal, and parking) accounts receivable in the total amount of $209,726.20 and, of that amount, authorize $154,402.70 to be turned over for collection; and approve bad debt write-off for the month of December 2017 for Utility Billing, Ambulance, Cemetery, General Accounts, Miscellaneous Accounts, and Municipal Court (non-criminal, criminal, and parking) accounts receivable in the total amount of $302,079.58 and, of that amount, authorize $245,198.91 to be turned over for collection. Ms. Barajas seconded. Motion carried unanimously. EXECUTIVE SESSION: Council adjourned into Executive Session at 8:18 p.m. for approximately 30 minutes to consider acquisition of real estate and discuss litigation or potential litigation with the City Manager and City Attorney. Mayor Watkins called the meeting back to order at 8:41 p.m. ADJOURNMENT: There being no further business the meeting was adjourned at 8:41 p.m. APPROVED: ATTEST: Matt Watkins, Mayor Daniela Erickson, City Clerk PASSED and ADOPTED this 5th day of February 2018. Page 4 of 6 Page 8 of 92 From: Tim Harris <tjharrispd@gmail.com> Date: January 16 , 2018 at 15:28:56 PST To: barajascouncil@pasco-wa.gov, alvaradocouncil@pasco-wa.gov, martinezcouncil@pasco- wa.gov, serranocouncil@pasco-wa.gov, milnecouncil@pasco-wa.gov, mal oneycouncil@pasco- wa.gov , watkinscouncil@pasco-wa.gov Subject: Re: Residential Rezoning on Road 100 Jessica, These are the council members emails where you should send your letter. Tim Harris tjharrispd@gmail.com On Tue , Jan 16 , 2018 at 3 :27 PM, Tim Harris <tjharrispd@gmail.com> wrote: Pasco City Council, It has recently come to my attention that a request has been submitted that 18 acres at the Road 100 and Powerline intersection be rezoned for multi-family residences or high density housing; ultimately meaning apartment complexes. I address you due to my and many other's concerns regarding this request and the problems that can arise if this request is approved. #1 -The infrastructure of this intersection specific to Road 100 and Powerline will not be able to adequately handle the dramatic increase of high traffic that this high density housing would bring. Serious widening and infrastructural changes would need to occur prior to any commitment of this magnitude in order to accommodate the large influx of vehicular traffic that will be anticipated. We all have seen the mess that has occurred on Road 68 at the Navigator and Stonegate Apartments as it continues into a convoluted mess of medians and access ways further south bound. My serious concern is if we implement a development for apartment complexes, we will accrue the same problem as seen on Road 68. #2 -It is evident that the city of Pasco is growing, specifically west Pasco , with numerous residence of varying kinds going up . I think that as a city we need to slow this process. There is serious ramifications that will come with overstretching ourselves in population , mostly concerning our children and the ability to provide them with a proper Page 5 of 6 Page 9 of 92 public education without overcrowding our schools. Although we just passed a school bond, it passed by a mere seven votes and even with that bond, it still will not resolve all of our overcrowding issues that we face within the school district. By building high density housing, we will only heighten this problem of overcrowding in our schools . We need to be thinking of our own and all of the other children in the school district in this regard . #3 - I have spoken with numerous neighbors that live in his rezoning area and all are opposed to the implementation of this high density housing. The concerns of decreased property value and high foot traffic are among several concerns voiced by these citizens . Also , it is the consensus that bringing in business is much more desired than housing at this time. A lot money is being lost as Richland and Kennewick reap the benefit of having the vast amount of retail and dining where our citizens spend their money. This is very applicable to west Pasco as the dense population has limited options to pick from. We should consider bringing in business that will boost our revenue and provide amenities such as these to us . My question to you as a council is this : "What is the benefit to the city and the residents living in these neighborhoods if the high density housing is approved?" As a local resident, tax payer, and citizen ; I do not see any benefit that outweighs the negative consequences . Please do not overstretch our city in this decision . I understand growth should and will occur but it should not be at the expense of the tax payer, the local residents , and the overcrowding of our schools . Thank you for your thoughtful consideration , Tim Harris tiharrispd@gmail.com Page 6 of 6 Page 10 of 92 AGENDA REPORT FOR: City Council February 2, 2018 TO: Dave Zabell, City Manager Regular Meeting: 2/5/18 FROM: Richa Sigdel, Director Finance SUBJECT: Bills and Communications I. REFERENCE(S): Accounts Payable 02.05.18 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $5,177,034.27 ($3,351,467.37 in Check Nos. 220209 - 220569; $1,141,629.56 in Electronic Transfer Nos. 819236 - 819288, 819301 - 819334, 819342 - 819343, 819346 - 819355, 819357 - 819593, 819630 - 819634; $27,953.01 in Check Nos. 51383 - 51411; $653,738.68 in Electronic Transfer Nos. 30116369 - 30116820; $2,245.65 in Electronic Transfer Nos. 448 - 449). III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 11 of 92 February 5, 2018 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers 220209-220569 51383-51411 Total Check Amount $3,351,467.37 $27,953.01 Total Checks 3,379,420.38$ Electronic Transfer Numbers 819236-819288 30116369-30116820 448-449 819301-819334 819342-819343 819346-819355 819357-819593 819630-819634 Total EFT Amount $1,141,629.56 $653,738.68 $2,245.65 $0.00 Total EFTs 1,797,613.89$ Grand Total 5,177,034.27$ Councilmember 1,303,257.23 18,181.37 0.00 0.00 11,386.17 11,899.95 219.23 2,415.57 37,923.04 1,553.21 19,080.52 86,075.18 5,124.04 1,992.40 126,441.00 0.00 0.00 873.99 4,884.98 17,844.00 0.00 60,388.53 10,548.52 0.00 176,577.66 1,580,291.55 14,908.05 7,115.10 69,993.00 0.00 223,572.45 0.00 6,743.25 1,377,744.28 GRAND TOTAL ALL FUNDS:5,177,034.27$ EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL EQUIPMENT RENTAL - REPLACEMENT BUSINESS MEDICAL/DENTAL INSURANCE OLD FIRE OPEB FLEX PAYROLL CLEARING 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 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 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 5th day of February, 2018 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 The City Council C I T Y O F P A S C O Council Meeting of: Accounts Payable Approved Page 12 of 92 AGENDA REPORT FOR: City Council January 31, 2017 TO: Dave Zabell, City Manager Rick White, Director, Community & Economic Development Regular Meeting: 2/5/18 FROM: Dave McDonald, City Planner Community & Economic Development SUBJECT: Special Permit Appeal: Solid Waste Transfer Station in an I-1 Zone (2022 Commercial Ave LLC) (MF# APPL 2018-001) I. REFERENCE(S): Overview Map Vicinity Map Appeal Letter II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to set 7:00 p.m., March 5, 2018, as the time and date for a closed record hearing to consider the appeal of the Planning Commission recommendation filed under Master File # APPL 2018-001. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On November 16, and December 21, 2017 the Planning Commission held public hearings to develop a special permit recommendation for the location of a solid waste transfer station adjacent to the Basin Disposal offices and equipment yard on Commercial Avenue. Following the hearings, the Planning Commission recommended the special permit be denied. The applicant has filed a written appeal of the Planning Commission recommendation. The appeal requires the City Council to set a time and date for a Close d Record Page 13 of 92 Hearing. The earliest date available for a Closed Record Hearing (which provides the necessary notification period and allows for transcript preparation) is March 5, 2018. V. DISCUSSION: Only the appeal letter has been attached to the Council Report. References to polices, reports and State Law which are voluminous and attached to the appeal letter will be provided with the record of the hearing. The Council will receive a copy of the Planning Commission hearing record about a week before the closed record hearing. A closed record hearing allows Council to consider the evidence contained in the record and receive clarification on that record. The parties involved in the issue will be able to present to Council particular points or perspectives from the assembled reco rd but will not be able to introduce new evidence. Council will have the option after conduct of the closed record hearing to concur with the Planning Commission recommendation of denial; provide approval of the Special Permit which will necessitate the preparation and adoption of appropriate findings of fact or remand the issue back to the Planning Commission to consider specific issues or items. Page 14 of 92 Item: Waste Transfer StationApplicant: 2022 Commercial Ave LLCFile #: SP 2017-019 Overview MapSITE0 600 1200 1800 2400FeetPage 15 of 92 Item: Waste Transfer Station Applicant:2022 Commercial Ave LLC File #: Z 2017-019 Vicinity Map SITE 0 75 150 225 300 375 Feet Page 16 of 92 WILLIAMS KASTNER" [IBU( January 25,2018 273470122 HAND DELIVERED TO CITY PLANNER Mayor Watkins and Councilmembers R ElVED City of Pasco ‘U A525N.3rd Avenue *§':;‘i’l 2 5 33ii’ Pasco,WA 99301 COMMUNITY&ECONOMICDEVELOPMENT Re:Special Permit Appeal Master File No.SP 2017-019 Honorable Mayor Watkins and Councilmembers: Basin Disposal,Inc.appeals the Planning Commission recommendation to deny an application for Special Permit approval to construct a solid waste transfer station (”SWTS”).Community Development professional planning staff recommended conditional approval of this application at Planning Commission meetings in November and December 2017.Staff changed its recommendation to denial at the January 18,2018 meeting,based on what we believe is misapprehension of an inherent condition of approval for any SWTS:no operation of the SWTS can occur without County and State Health Department approval of an operating permit requiring conformance with the County Solid Waste Management Plan (”SWMP”). We believe there is no issue of compliance with the current out of date SWMP.State law requires this SWMP to be updated prior to County and State Health Department approvals required for the proposal.City approval of a Special Permit is only one of several initial steps in the many layers of City,County and State approvals required for SWTS construction and operation.To confirm compliance with all these requirements,Basin Disposal stipulates to the following additional condition of approval to the list of conditions specified by Staff in its December 21,2017 Report to Planning Commission: 14.A building permit for construction of the solid waste transfer station will not be issued until the applicant presents documentation of Benton-Franklin County Health Department approval of an operating permit issued in conformance with the Franklin County Solid Waste Management Plan. Again,this has always been an inherent condition of approval for this project.Making SWMP conformance an express condition of approval answers Staff concern leading to a changed recommendation at the Planning Commission meeting of January 18"‘.Please review Tab A,which Williams,KasmerE GlnbsPLLC Two UnionSquare 60‘UnionStreet Suite 4100 Seattle Washington98101 mam 206 628.6600 lax 206 628 6611 \'."Nw ~.-.wH>an1sl<astner.cnm \.‘/ASHINGTON.OREGDNALASKAHRR17:17 1 Page 17 of 92 January 25,2018 Page 3 3.Pasco’s residents,businesses and garbage rate payers —your constituents —benefit from having a second SWTS efficiently serving needs of a rapidly growing community. Acting in the best interests of your constituents calls for efficient transfer of solid waste and market competition.Approval of Basin Disposal’s Special Permit adds great efficiency to current municipal garbage pickup activities by providing a transfer station located next door to Basin Disposa|’s truck yard and operations center.This offers reduced hauling costs and tipping fees.This efficiency reduces pressure on Basin Disposal’s costs,and in turn reduces pressure on garbage collection fees paid by your constituents.Public policy calling for the Council to advance the best interests of Pasco citizens and businesses warrants approval of this Special Permit. Additional grounds for this appeal are spelled out in two attached letters.The first is a letter presented to the Planning Commission on December 21,2017.The second is a letter to City Attorney Kerr addressing the Planning Commission question of whether two GMA statutes apply to Planning Commission review of the Special Permit application.See Tab B for both letters.Our letter to the Planning Commission is at Tab A in the letter to City Attorney Kerr.We will gladly answer any questions the City Council may have concerning the points of this appeal letter and the attached two letters further explaining compliance with Pasco and state laws, Very truly yours, WILLIAMS,KASTNER &GIBBS PLLC Alan L Wallace Attorney at Law awallace@williamskastner.com (206)628-6771 cc:Basin Disposal Enclosures:Tab A Tab B 4'1-=1t:1'7 I Page 18 of 92 January 25,2018 Page 4 TAB A WIR1 R17 1 Page 19 of 92 BDI is proposing to locate the solid waste transfer station directly to the east and adjacent to their main offices and operations center.The design of the proposed building may be more efficient in controlling odors and litter than the design of the existing transfer station on Dietrich Road.The existing transfer station has not become a nuisance to surrounding uses and has not discouraged the development of surrounding properties. 10. 11. 12. 13. APPROVAL CONDITIONS The special permit shall apply to Franklin County Tax Parcel # 113720139,being Parcel 2 of Lotl 1,Binding Site Plan 2011-03. The transfer building must be fully enclosed except for truck entrances and exits. The site must be developed in general conformance with the site plan submitted with this special permit application. The applicant must employ best available management practices to control dust and or litter generated by the operation of the transfer station. No outdoor dumping or storage of solid waste is permitted. All streets adjoining the site must be improved to City standards with the requisite utility infrastructure in conjunction with the construction of the transfer station. A masonry block wall of at least 6 feet in height shall be placed along the northern,eastern and southern boundary of the site to be used for the transfer station.The block wall shall continue down the shared west property line with Lot 13,BSP 2011. The masonry wall along Holland Street must be setback to allow a minimum of 10 feet of landscaping between the sidewalk and wall. The landscaping fronting Holland may contain shrubs and lawn with lawn occupying at least 70 percent of the landscaped area.Street trees must be placed at 50 foot intervals and said trees must match the varieties planted in front of the BDI office on Commercial Avenue. All driveways to and from the transfer station from Holland Street and the BDI facilities to the west must be hard surfaced. All truck maneuvering areas in and around the transfer station must be hard surfaced. All necessary state and local permit must be obtained prior to constructing the transfer station. The special permit shall be null and void if a building permit has not been obtained by December 31,2019. Page 20 of 92 January 25,2018 Page 5 TAB B r.'4:1 =1 '1 1 Page 21 of 92 January 10,2018 Page 2 In a nutshell,the GMA directs Pasco’s adoption of a comprehensive plan and implementing development regulations.An aggrieved person with standing must file a petition with the Growth Management Hearings Board (”GMI-IB”)to contest compliance of those Pasco enactments with the GMA.Pasco’s Comprehensive Plan and Title 25 Zoning (Zoning Code)are presumed compliant with GMA mandates. The State Supreme Court continually holds the GMA does not directly regulate site-specificland use activities.VikingProps.,Inc.v.Holm,155 Wn.2d 112,126,118 P.3d 322 (2005);WillapnGroup Harbor Oyster Growers Ass’n v.Maby Dick Corp.,115 Wn.App 417,429,62 P.3d 912 (2003);Skagit Surveyors Er Eng’rs,LLC 12.Friends ofSkagitCounty,135 Wn.2d 542,565,958 P.2d 962 (1998);and Woods 11.Kittitas County,162 Wn.2d 597,612-13,174 P.3d 25 (2007).An important aspect of this repeated holding is that ”...the GMA has no provision that it is to be liberally construed.”Woods, 162 Wn.2d at 612.In other words,there is no legislative mandate to give broad effect of GMA terms to the review of,site specific project applications. In Woods the Supreme Court rejected argument that GMA protection of rural lands barred a rezone to R-3,which allowed three acre lots.The Court found that ”challenge to the rezone’s compliance with the GMA is a disguised challenge to the adequacy of the comprehensive plan itself.This is a matter within the exclusive jurisdiction of a GMHB,not a superior court."Woods,162 Wn.2d,614- 15.Applying this law to the instant application,the Planning Commission simply has no jurisdiction to hear or decide argument concerning GMA compliance.Pasco’s Comprehensive Plan and Zoning Code ”are presumed to comply with the GMA”absent timely petition to the GMHB, and that time has long passed.Woods,162 Wn.2d,615-16 We ?rmly view Pasco’s Comprehensive Plan and Zoning Code as being fully compliant with GMA Sections 36.7OA.200 and .210.But any question of GMA compliance is irrelevant to Flaming Commission and City Council action on this application.Opponent argument that the Planning Commission must give effect to these GMA statutes is simply incorrect. 2.Special Permit application No.SI’2017-019 ”must only generally conform,rather than strictly conform to the comprehensive plan.A comprehensive plan does not directly regulate site- specific land use decisions.”Woods,162 Wn.2d at 613. Opponent’s argument that Comprehensive Plan Policy 4 must be strictly interpreted in a manner to deny SP 2017 simply misstates the law.A comprehensive plan is ”a generalized coordinated land use policy statement”providing ”a general blueprint for land use decisions;it does not directly regulate,nor was it intended to regulate directly,site specific land uses.”RCW 36.70A.030(4);Feil 22. Eastern Washington Growth Mrmr1gementHenringsBd.,153 Wn.App.394,409,220 P.3d 1248 (2009). 6335163.1 Page 22 of 92 January 10,20l8 Page 4 the zmiing rugiilntitnzs,Hit‘iqqizliztitiiismust p1'uzmi1.lltl Wn.App.I74,183,6]P.3d 332,337 (2002) (internal citations‘omitted,emphasis added). So in Timberlri/cvthe court held a ‘zoning code’s allowance by conditional use permit for a church located outside the urban growth boundary prevails over comprehensive plan policies generally restricting schools and churches to urban lands.In’,The same is true here.Pasco’s Zoning,Code is presumed compliant with the CM/—\,and therefore to be consistent with and implement Pasco's Comprehensive Plan.(l'VoorIs,"162Wn.App.At 6I5~'l6;RCW 36.7OA.040(4)(d).)Opponent's argument that Policy 4 requires denial has no merit under the holding of Timlzerla/cc.Indeed,as in Woorls and other cases,what the opponent is actually doing is implicitly arguing the Zoning Code conflicts with GMA requirements.But as explained in Wnurls,local land use permit decisioiwnakiiig bodies and reviewing courts have no jurisdiction to determine whether a regulation or site specific application comply with the Gi\/IA.Just as in Timberlake,opponent’s argument that a strained, strict interpretation of Policy 4 prevails over Zoning Code allowance for a solid waste transfer station by Special Permit must also fail. SL1mmarv GMA Sections 36.70/\.20tJ and .210 have no effect upon Planning Commission and City Council decisions concerning SP No.20'l 7-019.Staff gives proper effect to all relevant Comprehensive Plan policies and confirms this application generally conforms with same.Opponent’s argument that Policy 4 controls ”conl|icting”Zoning Code authority for approving a transfer station in an Industrial zone through Special Permit procedures is incorrect under the law that Timlvcrlnke explains. Very truly yours, WILLIAMS,KASTNER &GIBBS PLLC Alan L.Wallace awallace@williamsl<astner.com (206)628-6771 Enclosures CCI Dave McDonald,City of Pasco Darrick Dietrich,Proponent 633Sl63.l Page 23 of 92 \./\/ll.L_|Al\/i5 l</ASTNER " December 2],2017 Planning Commission City of Pasco 525 N.3rd Avenue Pasco,WA 99301 Re:2022 Commercial Ave,LLC Solid Waste Transfer Station MF SP 2017-019 Dear Chairman Cruz and Planning Commissioners: Williams Kastner is regulatory and land use counsel for the proponent of Special Permit 20'l7—O'l9.We serve as legal counsel for licensed solid waste companies throughout Washington State,from Spokane to Vancouver,and the Puget Sound region to Tri—Cities.We often assist solid waste companies with the whole array of land Lise,environmental and State and local Health Department regulatory and permitting requirements for solid waste transfer‘facilities. We urge Planning Commissioners to approve a motion adopting City Planning Staff's proposed Findings of Fact and Conclusions Based on Staff Findings of Fact as detailed at pages 4 through 9 of the Report to Planning Commission.The professional planning analysis presented in this Report and in City Planner Dave McDonald's Memorandum dated December 21,2017 appropriately answers both the six City Code criteria for Special Permit approval and all issues opponents present against the application. City Staff analysis and proposed Findings and Conclusions are based on expert city planning opinion.This is the only substantial evidence now before the Planning Commission.Project opponents only present arguments that are either irrelevant to the six Special Permit criteria,or are merely speculative assertions of harm unsupported by substantial evidence.Land Lise law requires you to base your decision on substantial evidence,not speculation.The record established by the application,Staff Report and City Planner Memorandum,coupled with recommended conditions of approval,merit your recommendation for the City Council to approve SP 2017-U19. lnext highlight several points raised at the prior Planning Commission meeting. 1.The proposed transfer station activities will occur in a drive through steel building encapsulating most impacts,and fitting with the industrial buildings and zoning of neighboring properties. -City is requiring proponent to construct an extension of the current dead-end City local access street.This creates a loop road connection enhancing flow of truck traffic for neighbors and the transfer station. -Garbage trucks already access Basin Disposa1’s neighboring site,so no substantial increase in truck traffic is anticipated. -Full building enclosure of the solid waste tipping yard mitigates noise,odor and litter issues. 0 State Department of Ecology answers any complaints on air quality and odor pursuant to State and federal Clean Air Acts. _,.,;mi ),,.mg ('\1\1'.'1lW 1 Page 24 of 92 AGENDA REPORT FOR: City Council January 26, 2018 TO: Dave Zabell, City Manager Regular Meeting: 2/5/18 FROM: Stan Strebel, Deputy City Manager Executive SUBJECT: Proposed Parking Restrictions on Schuman Lane I. REFERENCE(S): Proposed Ordinance Vicinity Map II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. _____, amending Pasco Municipal Code, Section 10.56.080, Schedule III "Parking Prohibited at All Times on Certain Streets." III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: From time to time, the interests of the public are best served by restricting parking, either outright or within certain time frames, on public streets. Such actions are taken by Council in the form of an ordinance which amends the Pasco Municipal Code and, thus, giving the action the force of law. A somewhat unusual case exists on Schuman Lane, located at the west end of Chiawana Park (beginning at Road 96, parallel to and just north of the river). Schuman is a dead end cul-de-sac improved to only one lane in width. US Army Corps of Engineers property is located all along the south side of the road. The concern stems from a problem which has grown from park and trail users parking on Schuman Lane, and other areas west of the park, which were not designed to accommodate on-street parking. In fact, their presence in these areas can impede emergency vehicle access. The street cannot be widened to improve the situation as the City does not own sufficient right-of-way and the cost to make such improvements is prohibitive, particularly with an improved public parking lot in the immediate vicinity. Page 25 of 92 V. DISCUSSION: At the meeting of January 22, Council received information and public comment regarding the parking problems, as well as issues surrounding the possible opening, on a regular basis, the gate at the west end of Chiawana Park. While there are a number of questions and issues that need to be addressed regarding the gate, it appeared to be the consensus of the Council that the parking restrictions on Schuman Lane should be enacted due to public safety considerations. Staff, therefore, recommends adoption of the proposed ordinance. Staff proposes to further consider the park access issues and will report back to Council in the near future. Page 26 of 92 ORDINANCE NO. ________ AN ORDINANCE amending Pasco Municipal Code Section 10.56.080 Schedule III - Parking Prohibited at All Times on Certain Streets WHEREAS, the City has determined that it is necessary for public safety and convenience to modify the restrictions of parking on certain streets; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 10.56.080 of the Pasco Municipal Code is amended to add the underlined language and read as follows: 10.56.080 SCHEDULE III - PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS. In accordance with Section 10.56.030, and when signs are erected giving notice thereof, no person shall at any time park a vehicle upon any of the following described streets or parts of streets: “A” Street - both sides of street from Elm Avenue to SR-12; “A” Street - both sides of street from Ninth Avenue to Eleventh Avenue; “A” Street - from Main Avenue to Beech Avenue; “A” Street - 300 feet west of 4th Avenue to three hundred feet east of 4th Avenue; “A” Street - both sides from 20th Avenue to a point two hundred fifty feet west of 20th Avenue; “A” Street - both sides, corner of “A” Street and 28th Avenue; Adams Street - Railroad Avenue to Rainier Avenue; Agate Street - between Fourth and Fifth Avenues; Ainsworth Avenue - north side from Railroad Avenue to Oregon Avenue; Ainsworth Avenue - south side from 10th Avenue to Fourth Avenue; Argent Road - 20th Avenue to Road 44; Argent Road - Road 84 to Road 76; Autoplex Way - from Court Street south to 160 feet north of Marie Street; Baker Street - Railroad Avenue to Rainier Avenue; Bonneville Street - the south side of Bonneville Street from a point 150 feet east of the east curb line of 10th Avenue to the east curb line of 10th Avenue; Billings Street - from Lewis Street to “A” Street; Broadmoor Boulevard - FCID canal to Nottingham Drive; Brown Street - north side from Road 28 to Road 26; Brown Street - south side from Road 28 to a point 130 feet to the east; Burden Boulevard - Road 76 to Road 36; Chapel Hill Boulevard - Road 68 to Saratoga Lane; Chapel Hill Boulevard - Broadmoor Boulevard to Road 84; Chapel Hill Boulevard - from Cresent Road to Broadmoor Boulevard; Clark Street - both sides of street from Ninth Avenue to Eleventh Avenue; Page 27 of 92 Clemente Lane - Burden Boulevard to Wrigley Drive; Commercial Avenue - both sides from Hillsboro Avenue south 1 mile; Court Street - from Fourth Avenue west to SR-395; Court Street - east of Fourth Avenue; Court Street - from Road 68 to Road 84; Court Street - Rd. 100 to I-182 Hwy overpass; Court Street - 1,000 feet south of Harris Road; E. Broadway Street - (north side) Wehe Street to Franklin Street; First Avenue - Court Street to Sylvester Street; Fourteenth Avenue - both sides from Clark Street north 100 feet; Fourteenth Avenue - both sides from Clark Street south to the alley; Fourth Avenue - (east side) 300 feet south of B Street to 500 feet south of Columbia Street; Fourth Avenue - (east side) 50 feet north of Columbia Street; Fourth Avenue - 100 feet south of Columbia Street; Fourth Avenue - east side from 110 feet north of Sylvester Street to Court Street; and on the west side from Sylvester Street to 125 feet north of vacated Park Street and from 115 feet north of Octave Street to Court Street; Fourth Avenue - east side from Sylvester Street north 140 feet; and on the west side from Sylvester Street north 200 feet; Fifth Avenue - (west side) Park to Octave; Fifth Avenue - (east side) north of Court Street; Fifth Avenue - (east side) Nixon Street to Park Street; North Fourth Avenue - between Court and Ruby Streets; Heritage Boulevard - both sides from US-12 to “A” Street; Hillsboro Street and Commercial Avenue - both sides of Hillsboro Street from a point 100 feet east of the center line of Commercial Avenue to SR 395, and on both sides of Commercial Avenue from a point 100 feet south of the center line of Hillsboro to Hillsboro; Homerun Road - both sides, from Convention Boulevard to end; James Street - south side from the far east end of James Street to 400 feet west; James Street - north side from the far east end of James Street to 340 feet west; Jay Street - north side from the east curb line of Road 22 to a point 50 feet west of the east curb line of Road 22; Lewis Street - from First Avenue to 70 feet east; Lewis Street - north side from Fourteenth Avenue to 130 feet west; and north side from Fourteenth Avenue to 80 feet east; Lewis Street - south side from Fourteenth Avenue to 100 west; and south side from Fourteenth Avenue to 100 feet east; Lewis Street - Ninth Avenue to Eleventh Avenue; Lewis Street - north side of Lewis Street from the east curb line of Seventh Avenue to a point 135 feet east; Lewis Street - South side of Lewis Street, from 150 feet east of the center line of First Street running easterly a distance of 165 feet; Lewis Street (east) - both sides from Wehe Avenue east to Cedar Avenue; Lewis Street (east) - both sides from Oregon Avenue east to Wehe Avenue; Lewis Street - from Cedar Ave. to Billings Street; Page 28 of 92 Madison Avenue - both sides from Burden Boulevard to Road 44; Manzanita Lane - west side from “A” Street to 150 feet north; Manzanita Lane - east side from “A” Street to 220 feet north; Ninth Avenue - Washington Street to Ainsworth Street; Octave Street - the south side of Octave Street from 1 point 280 feet east of the east curb line of Road 34 to a point 420 feet east of the east curb line of Road 34; Oregon Avenue between “A” Street and Ainsworth Avenue; Oregon Avenue - (west side) 350 feet north of Bonneville Street; Oregon Avenue - Hagerman Street to James Street; W. Pearl Street - both sides from N. 3rd Avenue west 200 feet; Railroad Avenue - Adams Street to Baker Street; Rainier Avenue - Adams Street to Baker Street; Road 22 - east side from the north curb line of Jay Street to a point 50 feet south of the north curb line of Jay Street; Road 26 - both sides of Road 26, from a point 120 feet south of the south curb line of Court Street on the east side and 245 feet south of Court Street on the west side, to 250 feet north of the north curbline of Court Street; Road 26 - from Court Street to Brown Street; Road 28 - west side from Sylvester Street to Brown Street; Road 28 - east side from Sylvester Street to Brown Street except for 315 feet starting from a point 360 feet north of the intersection of Sylvester Street and Road 28; Road 34 - both sides of the street from Henry Street to Court Street; Road 36 - both sides of the street from its intersection with Argent Place to a point 1,200 feet north of Argent Place; Road 36 - Burden Boulevard to 200 feet south of Meadow Beauty Drive; Road 36 - east side from Court Street south 650 feet; Road 44 - Burden Boulevard to Sandifur Boulevard; Road 44 - Argent Road to Burden Boulevard Road 52 - Burden Boulevard to Sandifur Boulevard; Road 60 - Burden Boulevard to Sandifur Boulevard; Road 68 Place - Burden Boulevard to Sandifur Boulevard; Road 68 - FCID canal north to City Limits; Road 68 - I-182 to Sandifur Boulevard; Road 76 - east side from Sandifur Parkway to a point 620 feet south of Wrigley Drive; Road 76 - (west side) Wrigley Drive to Burden Boulevard; Road 76 - west side from Sandifur Parkway to Wrigley Drive; Road 80 - from Court Street south; Road 84 - from Sunset Lane south; Road 84 - Argent Road to Chapel Hill Boulevard; Road 100 - Court Street to FCID canal; Rodeo Drive - Road 68 to Convention Place; Ruby Street - between Fourth and Fifth Avenues; St. Helens Street - Railroad Avenue to Rainier Avenue; Sandifur Boulevard - Broadmoor Boulevard to Robert Wayne Drive; Sandifur Boulevard - (north side) Robert Wayne Drive to Road 60; Sandifur Boulevard - from Road 60 to Road 62; Page 29 of 92 Sandifur Parkway - from Road 60 to Road 44; Schuman Lane - both sides of street from Road 96 to end; Seventeenth Avenue - (west side) “A” Street to Washington Street; Shoshone Street - 22nd Avenue to 23rd Avenue; Sun Willows Boulevard - both sides of street from its intersection with 20th Avenue to its eastern terminus; Sylvester Street - (south side) 20th Avenue to 28th Avenue; Sylvester Street - (north side) one hundred feet east of 26th Avenue to 28th Avenue; Sylvester Street - From the east line of 20th Avenue to a point 290 feet east thereof; Tenth Avenue - both sides of street from “A” Street to “B” Street; Tenth Avenue - from “B” Street to and including the Inter-City Bridge; Tenth Avenue - both sides of street from Lewis Street to Clark Street; Third Avenue - (east side) fifty feet south of Columbia Street; Third Avenue - (east side) fifty feet north of Columbia Street; Third Avenue - both sides of street 100 feet north of Sylvester Street; Third Avenue - both sides of street 100 feet south of Sylvester Street; Third Avenue - on the west side from a point five hundred seventy-five feet north of Margaret Street to a point six hundred fifty feet north of Margaret Street; N. Third Avenue - both sides from W. Pearl Street north 200 feet; Twentieth Avenue - from Lewis Street to Argent Road except on the east side of 20th Avenue only from a point one hundred seventy feet south of Hopkins Street to Lewis Street; Twenty Second Avenue - (west side) to 550 feet south of West Henry Place except 170 feet in front of the Police Station at 828 N. 22nd Ave; Twenty Eight Avenue - (west side) Lewis Street to Sylvester Street; Washington Street - (south side) Ninth Avenue to Tenth Avenue; Wrigley Drive - Road 76 to Clemente Lane. This ordinance shall take full force and effect five (5) days after its approval, passage, and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this ________ day of ____________ 2018. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 30 of 92 SCHUMAN LANE / CHIAWANA PARKGATEPage 31 of 92 AGENDA REPORT FOR: City Council January 31, 2018 TO: Dave Zabell, City Manager Regular Meeting: 2/5/18 FROM: Rick White, Director Community & Economic Development SUBJECT: GMA Development Agreements I. REFERENCE(S): Proposed Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance ____, creating Chapter 26.50 "GMA Development Agreements," and further, authorize publication by summary only. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A 1995 State law enacted the Local Project Review Act - which was codified as 36.70B RCW. This addition to State law provides specific authority and direction for development agreements. A development agreement is a voluntary contract between a local jurisdiction and a person who owns or controls property. A development agreement details the obligations of both parties (jurisdiction and owner) and specifies the standards and conditions that will govern development of the property. A development agreement provides assurances to the developer that the development regulations that apply to a project will not change during the term of the agreement. An agreement can also provide certainty to a jurisdiction that certain standards or conditions will be imposed on a project to better incorporate timing of improvements, fees or physical improvements and amenities. Such agreements are commonly utilized by cities as a tool to address issues unique to the proposed development of a particular property or properties. The Planning Commission considered the proposed ordinance at a public hearing on November 16, 2017 and has forwarded a recommendation of approval to Council. City Page 32 of 92 Council considered this item at the January 8th, 2018 Workshop Meeting. Since the January 8th, 2018 Workshop meeting, a change in the proposed ordinance (Section 26.50.010 (4)) to allow additional flexibility for expiration of selected standards in annexed areas has been added and is identified in RED print. V. DISCUSSION: Although development agreements are voluntary, once made they are binding on the parties and their successors. Typical duration of a development agreement is 10 years - usually with a provision for extension upon agreement of both parties. Local jurisdictions must hold a public hearing prior to approving a development agreement and may only impose impact fees, dedications, mitigation measures and standards as authorized by other laws. Development agreements can be particularly useful within Pasco as a tool to outline responsibilities of developers in order for extension of City water/sewer service outside the corporate boundaries. The proposed ordinance would add a Chapter to the Pasco Municipal Code and establish provisions for the execution of development agreements. The ordinance outlines what is included in the term "development standard" and specifies that the required hearing be held before the Planning Commission. Staff believes this proposed ordinance will provide the ability to better manage development in complex circumstances - such as what may occur in the Broadmoor Master Plan area and for properties needing City utility services that are outside the City limits but within the Urban Growth Area. Development Agreements are widely used by neighboring cities and statewide and are considered a valuable tool for administration of project permitting. Per Council comments at the January 8th, 2018 Workshop, the Home Builders Association of the Tri-Cities has been advised of this proposal and believes it will provide clarity for development opportunities here in Pasco. Page 33 of 92 Ordinance – Adopting PMC 26.50 - 1 ORDINANCE NO. ______ AN ORDINANCE of the City of Pasco, Washington, Creating Chapter 26.50 “GMA Development Agreements” WHEREAS, RCW 36.70B.170 authorizes local governments to enter into GMA Development Agreements with persons having ownership or control of real property within its jurisdiction; and WHEREAS, RCW 36.70B.170 authorizes local governments to enter into GMA Development Agreements for real property outside its boundaries as part of a proposed annexation or a service agreement; and WHEREAS, The City of Pasco City Council finds that the lack of certainty in the approval of development projects can result in a waste of public and private resources, escalate housing costs for consumers and discourage the commitment to comprehensive planning which would make maximum efficient use of resources at the least economic cost to the public and that assurance to a development project applicant that upon government approval the project may proceed in accordance with existing policies and regulations, and subject to conditions of approval, all as set forth in a GMA Development Agreement, will strengthen the public planning process, encourage private participation and comprehensive planning, and reduce the economic costs of development. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That a new Chapter 26.50 entitled GMA Development Agreements of the Pasco Municipal Code, shall be and hereby is adopted and shall read as follows: Chapter 26.50 GMA DEVELOPMENT AGREEMENTS Sections: 26.50.010 GMA Development Agreements Authorized. 26.50.020 Enforceability. 26.50.030 Recording. 26.50.040 Approval. 26.50.010 GMA DEVELOPMENT AGREEMENTS AUTHORIZED. (1) The City may enter into a GMA Development Agreement with a person having ownership or control of real property within its jurisdiction. The City may enter into a GMA Development Agreement for real property outside its boundaries as part of a proposed annexation or a utility service agreement. A GMA Development Agreement must set forth the Page 34 of 92 Ordinance – Adopting PMC 26.50 - 2 development standards and other provisions that shall apply to, govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement. A GMA Development Agreement shall be consistent with all applicable development regulations. (2) Sections 26.50.010 through 26.50.030 do not affect the validity of a contract rezone, concomitant agreement, annexation agreement, or other agreement in existence or adopted under separate authority, that includes some or all of the development standards provided in subsection (3) of this section. (3) For the purposes of this section, “development standards” include, but are not limited to: (a) Project elements such as permitted uses, residential densities, and nonresidential densities and intensities or building sizes; (b) The amount and payment of impact and mitigation fees imposed or agreed to in accordance with any applicable provisions of state law, any reimbursement provisions or other financial contributions by the property owner, inspection fees, or dedications; (c) Mitigation measures, development conditions, and other requirements under RCW 43.21C; (d) Design standards such as maximum heights, setbacks, drainage and water quality requirements, landscaping, and other development features; (e) Affordable housing; (f) Parks and open space preservation; (g) Phasing; (h) Review procedures and standards for implementing decisions; (i) A build-out or vesting period for applicable standards; and (j) Any other appropriate development requirement or procedure. (4) The execution of a GMA Development Agreement is a proper exercise of the City’s police power and contract authority. A GMA Development Agreement may obligate a party to fund or provide services, infrastructure, or other facilities. A GMA Development Agreement shall reserve authority to impose new or different regulations to the extent required by a serious threat to public health and safety. GMA Development Agreements within the City are limited to a ten-year timeframe. An extension of one to ten years may be exercised upon mutual approval of both the developer and the City (PMC 26.50.010). GMA Development Page 35 of 92 Ordinance – Adopting PMC 26.50 - 3 Agreements outside the City continue in effect until a date as specified in the Agreement. at least until annexation. Agreements outside the City may contain variable expiration dates for some or all of the standards listed in 26.50.010 (3). 26.50.020 ENFORCEABILITY. Unless amended or terminated, a GMA Development Agreement is enforceable during its term by a party to the agreement. A GMA Development Agreement and the development standards incorporated in the agreement govern during the term of the agreement, or for all or that part of the build-out period specified in the agreement, and may not be subject to an amendment to a zoning ordinance or development standard or regulation or a new zoning ordinance or development standard or regulation adopted after the effective date of the agreement. A permit or approval issued by the City after the execution of the GMA Development Agreement must be consistent with the terms of the GMA Development Agreement. 26.50.030 RECORDING. A GMA Development Agreement shall be recorded with the real property records of Franklin County. During the term of the GMA Development Agreement, the agreement is binding on the parties and their successors, including the City when it assumes jurisdiction through incorporation or annexation of the property covered by the GMA Development Agreement. 26.50.040 APPROVAL. The City shall only approve a GMA Development Agreement after a pre-decision open record public hearing. The public hearing shall be held before the Planning Commission whose recommendation and record shall be acted on by the City Council by Resolution approving or denying the GMA Development Agreement. 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, Washington, and approved as provided by law this ____ day of _________________, 2018. __________________________________ Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: __________________________________ __________________________________ Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 36 of 92 AGENDA REPORT FOR: City Council January 26, 2018 TO: Dave Zabell, City Manager Regular Meeting: 2/5/18 FROM: Stan Strebel, Deputy City Manager Executive SUBJECT: City Property on Commercial Avenue I. REFERENCE(S): Resolution Purchase and Sale Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. _____, approving the sale of certain real property on Commercial Avenue. III. FISCAL IMPACT: $185,000 to Economic Development Fund IV. HISTORY AND FACTS BRIEF: The City owns a 2.11 acre property on Commercial Avenue and north of Highway 12. The property is zoned light industrial and is located next to another City-owned parcel which serves as a storm detention pond for the King City area. The subject parcel has a history of some environmental contamination which has been addressed by the City and approved by the Department of Ecology. As a result of this, the parcel is restricted to industrial or commercial development uses. Last year, the City Council authorized staff to market the property for sale. In June of 2017, a newspaper ad was published and notices requesting proposals on the purchase of the property were mailed to several individuals who had expressed interest in purchasing the property. The City had acquired an appraisal of the property in May 2017, indicating a value of $185,000 for the parcel; staff believes that the appraised value is still reasonable for the market. Page 37 of 92 The City received no responses to its initial request for proposals, but has continued to have numerous inquires, since that time. The property has been posed "for sale" for approximately five months. A few weeks ago, the City received a written offer to purchase the property from Desert Plateau Transport, Inc., of which Saul Martinez is President. Pursuant to guidance from Council, staff has prepared the attached Purchase and Sale Agreement, which has been signed by Mr. Martinez. The proposed sale price is $185,000. V. DISCUSSION: As Mr. Martinez is a sitting member of the Council, he has recused himself from Council consideration of the sale to this point, and will continue to do so in Councils' consideration of this purchase offer. Staff recommends approval of the proposed Resolution authorizing the City Manager to complete the sale. Page 38 of 92 RESOLUTION NO. A RESOLUTION of the City of Pasco, Washington, approving the sale of certain real property on Commercial Avenue. WHEREAS, the City owns approximately 2.11 acres of real property on Commercial Avenue; and WHEREAS, the property is not necessary for anticipated future use of the City and its disposal will best serve the public’s interest; and WHEREAS, the City has advertised, mailed invitations to purchase and posted the property for sale; and WHEREAS, the City has recently received a firm purchase offer for the property in the amount of $185,000, the appraisal value; and WHEREAS, a prior appraisal, in May 2017, and analysis of the market, indicate that a value of $185,000 appears to be reasonable for the sale of the property, and that there has not been a significant change in the value of the property, and which the City Council accepts as an appropriate price for the property; and WHEREAS, the proposed use of the property is consistent with development in the vicinity. 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 2.11 acres to Desert Plateau Transport, Inc., according to the terms as described in the Purchase and Sale Agreement attached hereto as Exhibit A. 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 5th day of February, 2018. Matt Watkins, Mayor ATTEST: Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 39 of 92 PURCHASEAND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (hereinafter “Agreement”)is entered into on this _day of ,2018,between the City of Pasco,a Washington Municipal Corporation (hereinafter “City”)and Desert Plateau Transport,Inc.(hereinafter “Purchaser”)for establishing the terms and conditions for the sale of real property (hereinafter “Property”) described as set forth below: Franklin County Parcel #113520327 That portion of Tract D of Record Survey No.1-275,records of Franklin County,lying in the southwest quarter of the northwest quarter of Section 21,Township 9 North,Range 30 East,Described as follows: Beginning at the northwest corner of said Tract D;thence south 27°51'33"west along the west line of said Parcel D 354.73 feet to the southwest corner of said Parcel D,said point lying on a curve to the right,the radius point of which bears south 27°51’30”west 4560.00 feet;thence southeasterly along said curve and along the south line of said Parcel D 249.46 feet;thence north 3l°00’l6”east 354.69 feet to a point on the south right—of- way line of Commercial Avenue,said point lying on a curve to the left,the radius point of which bears south 31°00'16"west 4910.00 feet;thence northwesterly along said curve and said right-of-way line 268.93 feet to the said point of beginning. Containing 2.11 acres. Together with and subject to easements,reservations,covenants,and restrictions of record and in view. (Legal description was obtained from Lot 1,Building Site Plan 99-03 recorded on May 28,1999 in Volume 1 of Surveys Page 48,Records of Franklin County.) RECITALS WHEREAS,City is the owner of real property located in Franklin County,Washington,which real property is described more particularly above;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, The parties covenant and agree as follows: 1.Purchase and Sale.City agrees to sell,and Purchaser agrees to purchase: (a)That certain parcel of real property described above; (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. Purchase and Sale Agreement,City of Pasco &Desert Plateau Transport,Inc.-Page 1 Page 40 of 92 (6) (<1) The land,improvements,and appurtenances which constitute real property are hereafter collectively de?ned as the “Real Property.”All of the Property included by reference within the foregoing paragraphs 1(a)through l(c),both real and personal,is hereinafter collectively referred to as the “Property.” Title shall be conveyed by Statutory Warranty Deed subject to formal approval by the Pasco City Council. Purchase Price/Financing.The purchase price for the Property is One Hundred Eighty- ?ve Thousand dollars ($185,000).The purchase price is payable in cash to the City at closing. Method of Pament.Within ?ve (5)business days following the last party’s execution of this Agreement and delivery of a fully executed original thereof to the other party, Purchaser will deposit with an escrow agent (Benton-Franklin Title Company),Five Thousand and 00/100ths Dollars ($5,000.00),which shall constitute a deposit and be held in an interest bearing trust account.This deposit shall be applied to the purchase price. (a) (b) Purchaser agrees that the deposit/earnest money shall be paid to City if the sale does not close after Purchaser has removed all contingencies in writing. Upon closing,Purchaser shall electronically transfer proceeds of Purchaser's ?nancing for the balance of the purchase price or issue a cashier’s check in the amount of the purchase price. Inspection Period: (3) (b) Between the effective date of this Agreement and closing,or the earlier termination of this Agreement,Purchaser and their authorized agents,contractors,and consultants, shall have the right to go upon the Property at reasonable times for the purpose of inspecting each and every part thereof to determine its present condition and,at Purchaser’s sole cost and expense,to prepare such reports,tests,and studies as Purchaser deems appropriate,including but not limited to surveys,soil tests, engineering studies and environmental tests.Before conducting any invasive or intrusive testing such as borings or test holes,Purchaser shall give City at least forty- eight (48)hours prior written notice,and shall coordinate the date and time of such testing to enable City’s representatives and/or consultants to be present to take duplicate samples and record the methods used by the Purchaser’s consultants.The Purchaser’s inspection period shall not exceed thirty (90)days from the effective date of the Agreement unless otherwise agreed to by both parties in writing. 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 attomey’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 Purchase and Sale Agreement,City of Pasco &Desert Plateau Transport,Inc.-Page 2 Page 41 of 92 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. Lle.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 6 hereof.All title insurance charges for the policy referenced in Section 6 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. Preliming Commitment.Within fifteen (15)days from the last party’s execution of this agreement,City shall ?.1mish 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 five (5)days of its receipt of the report/commitment to remove all exceptions or conditions in the title commitment.If within ten (10)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 thirty (90)days of its execution of this Agreement,Purchaser shall be deemed to have waived the defects. Due Diligence;Inspection Period. (a)Within fifteen (15)days following the last party’s execution of this Agreement, City shall provide Purchaser with the title commitment described in Section 6 above,together with all relevant documents relating to the Property,including but not limited to copies of all easements,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 ninety (90)days from the date the last party executes this Agreement (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 Purchase and Sale Agreement,City of Pasco &Desert Plateau Transport,Inc.-Page 3 Page 42 of 92 10. ll. 12. 13. 14. 15. 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 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. 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. 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. Closing.Closing shall occur within ten (10)days of the conclusion of Purchaser's inspection period as provided in Section 7 above. (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. Closing Costs.All excise,transfer,sales and other taxes,if any,incurred in connection with the sale,the title insurance premium,recording fees on the deed and the escrow fee shall be equally divided between the parties.Each party shall bear its own attorneys’ fees,except as otherwise expressly provided herein. Counterparts.This Agreement may be signed in counterparts which,taken together,shall constitute the complete Agreement. 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. Assigggient.Purchaser may not assign Purchaser’s interest in this Agreement without City’s prior written consent. City’s Warranties;Indemnity.City makes the following representations and warranties, which shall be deemed remade as of the closing date: Purchase and Sale Agreement,City of Pasco &Desert Plateau Transport,Inc.—Page 4 Page 43 of 92 16. (a) (b) (0) (d) (6) (f) 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. 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. 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. 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. There are no leases affecting the Property. All such representations and warranties shall be reaf?rmed 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. Environmental Indemni?cation. (3)City will defend,indemnify,and hold Purchaser and his partners,agents and employees and assignee (collectively,the “Indemni?ed Parties”)harmless from and against any and all claims,obligations,damages,causes of action,costs and expenses,losses,?nes,penalties,and liabilities,including,without limitation, attorneys’fees and costs,imposed upon or incurred by or asserted against an Indemni?ed Party arising out of or in connection with the occurrence of any of the following:(i)prior to closing:(A)any Enviromnental 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,?nes,and penalties arising out of or in connection with the investigation,removal,remediation,clean- Purchase and Sale Agreement,City of Pasco &Desert Plateau Transport,Inc.-Page 5 Page 44 of 92 (b) (d) up,and restoration work resulting from the matters described in the preceding sentence.City’s obligations under this Section 16 shall survive closing. “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 USC.§§1251 et seq.)(“CWA”),Resource Conservation and Recovery Act (42 U.S.C.§§6091 et seg.)(“RCRA”),Comprehensive Environmental Response Compensation and Liability Act (42 U.S.C.§§9601 in (“CERCLA”), Emergency Planning and Community Right-To-Know Act (41 U.S.C.§§11001 et Lq.)(“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 seg.)(“HMTA”),Toxic Substances Control Act (15 U.S.C.§§2601 et seq.) (“TSCA”),Endangered Species Act of 1973 (16 U.S.C.§§1531 in (“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.l50D) (“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. “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 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—containingmaterials (whether or not friable);urea—formaldehydein any of its forms;polychlorinated biphenyls;oil, used oil;petroleum products and their by—products;lead-based paint;radon;and any substances de?ned 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. “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 safety 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 Purchase and Sale Agreement,City ofPasco &Desert Plateau Transport,Inc,-Page 6 Page 45 of 92 l7. 18. 19. Property;or (viii)soil,groundwater and surface conditions on,in or around the Property which may have an adverse affect upon the use or value of the Property. 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. Notices.All notices provided for herein may be delivered in person,sent by commercial overnight courier,telecopied or mailed by U.S.registered or certi?ed 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 525 North 3rd Pasco,WA 99301 Attn:Dave Zabell,City Manager (509)545-3404 Purchaser: Desert Plateau Transport,Inc. Saul Martinez,President 5008 Desert Plateau Dr. Pasco,WA 99301 (509)531-8740 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 speci?ed,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 ?nal day of any such period shall be deemed to end at 5 p.m.,Paci?c Time. Purchase and Sale Agreement,City of Pasco &Desert Plateau Transport,Inc.-Page 7 Page 46 of 92 20. 21. 22. 23. 24. (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 Modi?cations.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. 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. 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. Governing Law.This Agreement shall be construed and enforced in accordance with the laws of the State of Washington. Facsimile Sigr_iatures.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. 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 LIQUIDATEDDAMAGES 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. Purchase and Sale Agreement,City of Pasco &Desert Plateau Transport,Inc.-Page 8 Page 47 of 92 City’s Initials Purchaser’s Initials 25.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. PURCHASER:Desert Plateau Transport,Inc. /'20"” Saul Martinez,President Date CITY Dave Zabell,City Manager Date Attest:Approved as to form: 5,: y_ Daniela Erickson,City Clerk Leland Kerr,City Attorney Purchase and Sale Agreement,City of Pasco &Desert Plateau Transport,Inc.-Page 9 Page 48 of 92 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 ,2018. 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 Saul Martinez,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. -4L SUBSCRIBED and sworn to before me this -7126' ‘TONI L.ZUNKER -NOTARY PUBLIC I ..._ ' STATE OF WASHWGTON My Commission Expires.2 Z 30 . COMMISSIONEXPIRES MARCH 3,2020 Purchase and Sale Agreement,City of Pasco &Desert Plateau Transpon,Inc.-Page 10 Page 49 of 92 AGENDA REPORT FOR: City Council January 30, 2018 TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development Regular Meeting: 2/5/18 FROM: Darcy Bourcier, Planner I Community & Economic Development SUBJECT: Special Permit: Location of a Used Auto Sales Lot in a C-1 Zone (MF# SP2017-020) I. REFERENCE(S): Proposed Resolution Vicinity Map Report to Planning Commission Planning Commission Minutes: Dated 12/21/2017 and 1/18/2018 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. _____, approving a special permit for the location of an auto sales lot in a C-1 zoning district at 1424 North 4th Avenue. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On December 21, 2017 the Planning Commission conducted a public hearing regarding the proposal to locate a used auto sales lot at 1424 North 4th Avenue. Following conduct of the hearing, the Planning Commission determined the proposal to be reasonable and developed findings and a recommendation of approval for the proposal. No written appeal of the Planning Commission's recommendation has been received. V. DISCUSSION: Page 50 of 92 The applicant is proposing to establish a used auto sales lot at 1424 North 4th Avenue. The Pasco Municipal Code (PMC) lists retail automotive sales as a permitted conditional use in the C-1 zone provided the site meets the following additional criteria: a. The site is adjacent the intersection of two arterial streets, or; b. The site is adjacent a single arterial street; provided it is not adjacent to or across a public street right-of-way from a residential district, and would not be located closer than 300 feet to any existing car lot. As the proposed site meets the required code parameters, the Planning Commission reasoned that with the conditions contained in the proposed resolution the use could be accommodated at this site. Page 51 of 92 … RESOLUTION NO._______ A RESOLUTION GRANTING A SPECIAL PERMIT FOR THE LOCATION OF A USED AUTO SALES LOT IN A C-1 ZONING DISTRICT AT 1424 NORTH 4TH AVENUE. WHEREAS, Adriana Robledo submitted an application for the location of a used auto sales lot located at 1424 North 4th Avenue (Tax Parcel #112 011 019); and WHEREAS, the Planning Commission held a public hearing on December 21, 2017 to review a Special Permit for the proposed used auto sales lot; and, WHEREAS, following deliberations on January 18, 2018 the Planning Commission recommended approval of a used auto sales lot 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 Adriana Robledo for a used auto sales lot in a C-1 Zoning district under Master File # SP 2017-020 with the following conditions: a. The special permit shall apply to 1424 North 4th Avenue (Parcel #112011019) b. At least seven parking spaces must be maintained and available for customer use at all times. c. All open code violations must be corrected before any business may operate on the parcel. d. A 10-foot landscaping strip of 100% live vegetation must be installed along the north property line adjacent to Court Street. The landscaping strip at the east property line adjacent to 4th Avenue must be maintained at City standard with rock and shrubs. e. The derelict sign at the northeast corner of the property must be removed before any business may operate. f. The special permit shall be null and void if a City of Pasco business license has not been obtained by December 31, 2018. 2. Passed by the City Council of the City of Pasco this 5th day of February, 2018. _______________________________ Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: ________________________________ _____________________________ Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 52 of 92 Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CN ES/Airbus DS, USDA, U SGS,AeroGRID, IGN, and the GIS User Community VicinityMap Item: Special Permit - Used Auto SalesApplicant: Adriana RobledoFile #: SP 2017-020 ± SITEN 5th AveCourt St N 4th AveW Brown St 0 100 200 30050FeetPage 53 of 92 1 REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 2017-020 APPLICANT: Adriana Robledo HEARING DATE: 12/21/2017 1704 Marsh Rd. ACTION DATE: 1/18/2018 Yakima, WA 98901 BACKGROUND REQUEST: SPECIAL PERMIT: Location of an auto sales lot in a C-1 (Retail Business) Zone 1. PROPERTY DESCRIPTION: Legal: Ludwig Add Lot 1 & Lot 2 EXC PTN to City of Pasco (455741) General Location: 1424 North 4th Avenue Property Size: The parcel is approximately 0.9 acres 2. ACCESS: The site is accessible from North 4th Avenue and Court Street. 3. UTILITIES: All municipal utilities are currently available to serve the site. 4. LAND USE AND ZONING: The site is currently zoned C-1 (Retail Business). The site is fully paved with the exception of some landscaping strips and contains an old retail building that is currently vacant. Surrounding properties are zoned and developed as follows: NORTH: C-1 – Minimart and gas station SOUTH: C-1 – Tire store EAST: C-1 – Commercial retail WEST: C-1 – Restaurant 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Commercial uses. Although the Plan does not specifically address vehicle sales, Policy LU-4-B encourages planning for commercial centers that promote functional and economic marketing and operations. The Plan encourages the concentration of businesses that are functionally and economically beneficial to be located together. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Determination of Non-Significance (DNS) has been issued for this project under WAC 197- 11-158. Page 54 of 92 2 ANALYSIS The applicant is seeking special permit approval to locate a retail vehicle sales business in a C-1 (Retail Business) zone. The Pasco Municipal Code (PMC) lists retail automotive sales as a permitted conditional use in the C-1 zone provided the site meets the following additional criteria: a) The site is adjacent the intersection of two arterial streets, or; b) The site is adjacent a single arterial street; provided it is not adjacent to or across a public street right-of-way from a residential district, and would not be located closer than 300 feet to any existing car lot. The site contains an old retail building and meets both criteria listed above. The parcel was originally developed in the 1950’s and has been occupied by various retail businesses since that time. In 2016 the applicant was granted a special permit to locate an identical business at 609 W Lewis St in a C-1 zoning district but is seeking to relocate to the new address. Based on the size of the existing retail building, the applicant is required to provide at least seven off-street customer parking spaces. The business will operate during normal business hours and is projected to generate around 33 vehicle trips per day according to the ITE Trip Generation Manual. It is unlikely that the use will result in an increased need for public and transportation services. 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). 2. The site is currently vacant 3. Car sales are a conditional use in C-1 zone. 4. For a C-1 property to qualify for special permit review for a car sales lot, the property in question would have to either be located at the intersection of two arterial streets or be located on one arterial street and not adjacent to or across a public street right-of-way from residentially zoned properties. A proposed site must also be more than 300 feet from another auto sales business. Page 55 of 92 3 5. The building on the site was originally built for retail use. 6. In 2016 the applicant was granted a special permit to locate an identical business at 609 W Lewis St in a C-1 zoning district. 7. At least seven off-street customer parking spaces are required. 8. All open code violations must be corrected before any business may operate on the parcel. 9. It is estimated that the use will generate around 33 vehicle trips per day. 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 Comprehensive Plan designates this area for commercial development. Policy LU-1-D encourages the clustering commercial development at major intersections. Policy LU-4-B encourages the concentration of activities which are functionally and economically beneficial to each other. (2) Will the proposed use adversely affect public infrastructure? The proposed use is located along a major arterial and places minimal demands on the established infrastructure systems. Other permitted uses such as restaurants and taverns would place a greater demand on the public infrastructure than this proposed use. (3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The proposed use will not alter the appearance of the existing structure. Given that the property will be used for commercial purposes, it will not conflict with the character of the area. (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 proposal involves display of automobiles. Therefore location and height of structures is not an issue. Staff is not aware of any plans to alter the existing building. Page 56 of 92 4 (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 use will not create more traffic, flashing lights, fumes or vibrations than many of the permitted uses, such as convenience stores or fast food restaurants. (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 use is less intense in terms of impact on public health and safety than many of the permitted uses within the district. Some of the nearby parking lots will contain as many cars as the proposed auto sales lot. APPROVAL CONDITIONS 1) The special permit shall apply to 1424 North 4th Avenue (Parcel #112011019) 2) At least seven parking spaces must be maintained and available for customer use at all times. 3) All open code violations must be corrected before any business may operate on the parcel. 4) A 10-foot landscaping strip of 100% live vegetation must be installed along the north property line adjacent to Court Street. The landscaping strip at the east property line adjacent to 4th Avenue must be maintained at City standard with rock and shrubs. 5) The derelict sign at the northeast corner of the property must be removed before any business may operate. 6) The special permit shall be null and void if a City of Pasco business license has not been obtained by December 31, 2018. Page 57 of 92 5 RECOMMENDATION MOTION for Findings of Fact: I move to adopt Findings of Fact and Conclusions therefrom as contained in the January 18, 2018 staff report. MOTION for Recommendation: I move, based on the Findings of Fact and Conclusions therefrom, the Planning Commission recommend the City Council grant a special permit to Adriana Robledo for the location of an auto sales lot at 1424 North 4th Avenue with conditions as contained in the January 18, 2018 staff report. Page 58 of 92 Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CN ES/Airbus DS, USDA, U SGS,AeroGRID, IGN, and the GIS User Community VicinityMap Item: Special Permit - Used Auto SalesApplicant: Adriana RobledoFile #: SP 2017-020 ± SITEN 5th AveCourt St N 4th AveW Brown St 0 100 200 30050FeetPage 59 of 92 Land UseMap Item: Special Permit - Used Auto SalesApplicant: Adriana RobledoFile #: SP 2017-020 ± SITEN 5th AveCourt St N 4th AveW Brown St Commercial Multi-Family CommercialOfficeSFDUs Office Commercial Page 60 of 92 ZoningMap Item: Special Permit - Used Auto SalesApplicant: Adriana RobledoFile #: SP 2017-020 ± SITEN 5th AveCourt St N 4th AveW Brown St C-1 R-3 C-1 R-1 O C-1 C-1 O R-3 Page 61 of 92 Site Page 62 of 92 Looking North Page 63 of 92 Looking East Page 64 of 92 Looking South Page 65 of 92 Looking West Page 66 of 92 PLANNING COMMISSION MINUTES 12/21/2017 PUBLIC HEARINGS: B. Special Permit Location of a Used Car Lot (Adriana Robledo) (MF# SP 2017-020) Chairman Cruz read the master file number and asked for comments from staff. Darcy Bourcier, Planner I, discussed the special permit application for the location of a used car lot. The site is located in a C-1 zone and since the site meets criteria per the Pasco Municipal Code in that it is adjacent to an arterial street and not adjacent to or across from a residential district it is permitted as a conditional use as long as it is approved through the special permit process. The site contains an old retail building that has been vacant since 2013. In 2016, the applicant was granted a special permit to locate an identical business at 609 W. Lewis Street in a C-1 zoning district but they are wishing to relocate their business. Based on the size of the existing retail building the applicant is required to provide at least 7 off street customer parking spaces. It is unlikely that the use will result in an increased need for public transportation services. The property is located at the corner of 4th Avenue and Court Street. Commissioner Roach asked which street would be used for the proposed 7 customer parking spaces. Ms. Bourcier responded that no streets would be used as the parking would need to be off street so located on the property. The applicant did not wish to come forward to speak for the hearing. With no further questions or comments the public hearing closed. Commissioner Bowers asked what would happen to the applicant’s current used car lot. Ms. Bourcier responded that it would just close down as they are just relocating, not expanding their business. Commissioner Campos moved, seconded by Commissioner Mendez, to close the hearing on the proposed special permit and set January 18, 2018 as the date for deliberations and the development of a recommendation for the City Council. The motion passed unanimously. Page 67 of 92 PLANNING COMMISSION MINUTES 1/18/2018 OLD BUSINESS: B. Special Permit Location of a Used Car Lot (Adriana Robledo) (MF# SP 2017-020) Chairwoman Bykonen read the master file number and asked for comments from staff. Darcy Bourcier, Planner I, discussed the special permit application for the location of a used car lot. She stated that there were no further comments to add since the previous meeting. Commissioner Greenaway moved, seconded by Commissioner Campos, to adopt findings of fact and conclusions therefrom as contained in the January 18, 2018 staff report. The motion passed unanimously. Commissioner Greenaway moved, seconded by Commissioner Campos, based on the findings of fact and conclusions therefrom, the Planning Commission recommend the City Council grant a special permit to Adriana Robledo for the location of an auto sales lot at 1424 North 4th Avenue, with conditions as contained in the January 18, 2018 staff report. The motion passed unanimously. Page 68 of 92 AGENDA REPORT FOR: City Council January 23, 2018 TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development Regular Meeting: 2/5/18 FROM: Jeff Adams, Associate Planner Community & Economic Development SUBJECT: Special Permit: Expansion of a Daycare Center in an RS-12 District (MF #SP 2017-021) I. REFERENCE(S): Vicinity Map Proposed Resolution Report to Planning Commission Planning Commission Minutes Dated: 12/21/17 and 1/18/18 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No.____, approving a special permit for the expansion of a commercial daycare center located at 3503 W Sylvester Street. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On December 21, 2017 the Planning Commission conducted a public hearing to determine whether or not to recommend approval for the expansion of a commercial daycare center located at 3503 W Sylvester Street (Parcel #119 392 099). Following the conduct of a public hearing the Planning Commission reasoned it would be appropriate to allow for the expansion of the commercial daycare facility, and recommend approval of the Special Permit with conditions as contained in the January 18, 2018 staff report. No written appeal of the Planning Commission's recommendation was received. Page 69 of 92 V. DISCUSSION: Applicant is requesting to expand a daycare center currently located in a residential zone. The daycare center operates 5 days per week, 12.5 hours a day and is currently authorized to serve up to 30 children per day. Applications for the establishment or substantial changes to Home daycare/preschool centers serving over 12 children per day require review via the Special Permit process. Applicant wishes to expand the daycare center to serve up to 50 children (20 additional children). Applicant currently has 10 parking stalls on-site and proposes to add 5 stalls onsite to accommodate the increase. Applicant also proposes to add 528 square feet of floor area to the facility. Page 70 of 92 VicinityMapItem: Daycare Expansion in an RS-12 Zone Applicant: Mariana & Juan Valdivia File #: SP 2017-021SITE0 60 120 180 240 300FeetPage 71 of 92 Page 1 of 2 RESOLUTION NO._______ A RESOLUTION GRANTING A SPECIAL PERMIT FOR THE FOR THE EXPANSION OF A COMMERCIAL DAYCARE CENTER LOCATED AT 3503 W SYLVESTER STREET. WHEREAS, Mariana & Juan Valdivia submitted an application for the expansion of a commercial daycare center located at 3503 West Sylvester Street (Tax Parcel #119 392 099); and WHEREAS, the Planning Commission held a public hearing on December 21, 2017 to review a Special Permit for the proposed daycare expansion; and, WHEREAS, following deliberations on January 18, 2018 the Planning Commission recommended approval of a Special Permit for expansion of 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 Maria Avila for a Beauty and Barber School in a C-1 Zoning district under Master File #SP 2017-016 with the following conditions: a. The special permit shall apply to 3503 W Sylvester Street (Parcel #119 392 099; Short Plat 2015-01 Lot 2) b. The hours of operation shall not extend beyond the hours of 5:30 a.m. and 6:00 p.m., Monday through Friday; c. Number of children shall not exceed 50. d. Additional parking stalls shall be provided as per Pasco Municipal Code 25.78.170. e. Applicant shall be required to supply any required parking on site. f. Only one sign, not exceeding six (6) square feet, shall be permitted upon the property; Applicant shall secure a building permit from the City of Pasco before erecting a sign; g. The special permit shall be null and void if an amended City of Pasco business license for the additional authorized activities is not obtained by August 1, 2018. h. The special permit shall be null and void if a City of Pasco building permit for the authorized improvements is not obtained by October 1, 2018. Page 72 of 92 Page 2 of 2 2. Passed by the City Council of the City of Pasco this 5th day of February, 2018. _______________________________ Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: ________________________________ _____________________________ Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 73 of 92 1 REPORT TO PLANNING COMMISSION MASTER FILE NO: SP 2017-021 APPLICANT: Mariana & Juan Valdivia HEARING DATE: 12/21/17 3503 W Sylvester St ACTION DATE: 1/18/18 Pasco WA 99301 BACKGROUND REQUEST FOR SPECIAL PERMIT: Expansion of a daycare center located in an RS-12 District 1. PROPERTY DESCRIPTION: Legal: Parcel #119 392 099; SHORT PLAT 2015-01 LOT 2 General Location: 3503 W Sylvester Street Property Size: Approximately .52 acres 2. ACCESS: The site has access from Sylvester Street 3. UTILITIES: The site is served by municipal water and sewer. 4. LAND USE AND ZONING: The property is currently zoned RS-12 (Low- Density Residential). Surrounding properties are also zoned RS-12 and developed as follows: NORTH: RS-12 - Single family units SOUTH: RS-12 - Church EAST: RS-12 - Single family units WEST: RS-12 - Single family units 5. COMPREHENSIVE PLAN: The site is designated in the Comprehensive Plan for low-density residential 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. 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 Applicant is requesting to expand a daycare center currently located in a residential zone. The daycare center operates 5 days per week, 12.5 hours a Page 74 of 92 2 day and is currently authorized to serve up to 30 children per day. Home daycare/preschool centers serving over 12 children per day require review via the Special Permit process. Applicant wishes to expand the daycare center by 528 square feet (from the current 1,830 square feet to 2,358) to serve up to 50 children (20 additional children). The site is located on Sylvester Street, which is a minor arterial street. The surrounding properties are all low-density residential, developed with single- family units. Pasco Municipal Code 25.78.170 requires one parking space for each employee and one space per 6 children. Depending on the age of the children the DSHS ratio of adults to children is one adult for every 4 children down to one per 15 children, (see table below). WAC 170-295-2090: Children Age: Child/ Staff Ratio: Children Adults Parent Parking Staff Parking Total Parking Required (a) One month, through 11 months (infant) 1:04 50 13 9.0 13.0 22.0 (b) Twelve months through 29 months (toddler) 1:07 50 7 9.0 8.0 17.0 (c) Thirty months through 5 years (preschooler) 1:10 50 5 9.0 5.0 14.0 (d) Five years through 12 years (school-age child) 1:15 50 3 9.0 4.0 13.0 Thus, with the proposed 50 children the maximum on-site parking requirement for this site would be 13 stalls for employees (assuming the possibility of all infants attending) plus 9 stalls for children’s parents/guardians, for a total maximum parking requirement of 22 stalls. There are currently 10 on-site parking stalls. According to the 2003 ITE Trip Generation Manual, the estimated weekday trip generation for 13 employees and 50 children and 2,358 square feet of daycare center floor would be between 43 and 190 trips per day, depending on whether the calculation is based on numbers of employees, children, or facility square Page 75 of 92 3 feet. This averages to 103.51 trips per weekday (see table below). Informal on- site surveys have shown City of Pasco experience with daycare center traffic to be lower than these estimates. ITE Est. Trips Per Employee ITE Est. Trips Per Student ITE Est. Trips Per 1,000 Sq. Ft. Calculated Estimate Using 13 Employees Calculated Estimate Using 50 Children Calculated Estimate Using 2,358 Sq. Ft. Average Estimate 14.6 1.6 18.1 189.8 78 42.7 103.51 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 desires to expand an existing daycare center located in a residential zone. 2. The daycare center currently operates 5 days per week for 12.5 hours a day 3. The daycare center is currently permitted to serve up to 30 children per day. 4. Home daycare/preschool centers serving over 12 children per day require review via the Special Permit process. 5. The site is located on Sylvester Street. 6. Sylvester is a minor arterial street. 7. The surrounding properties are all low-density residential (RS-12), and are developed with single-family units; a church is located to the south. 8. Pasco Municipal Code 25.78.170 requires one parking space for each employee and one space per 6 children. 9. Depending on the age of the children the DSHS ratio of adults to children is one adult for every 4 children down to one per 15 children. 10. The maximum parking requirement for this site based on an increase from 30 to 50 children would be from 10 stalls to between 13 and 22 Page 76 of 92 4 stalls for employees plus 9 stalls for children’s parents/guardians, for a total of between 13 and 22 stalls. 11. Applicant currently has 10 stalls on-site and proposes to add 5 stalls onsite (See attached site plan). 12. According to the 2003 ITE Trip Generation Manual, the estimated weekday trip generation averages to 103.51 trips per weekday. 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: (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 Low-Density Residential uses. The proposed daycare center expansion supports Plan Goal LU-3-A which encourages such facilities to be located in neighborhoods. The Plan also encourages the promotion of orderly development. (2) Will the proposed use adversely affect public infrastructure? The site is served by all municipal utilities and the local street network. Sylvester Street was designed to handle more traffic than it currently experiences. The proposed daycare center expansion will continue to operate 12.5 hours per day 5 days per week. (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 neighborhood is primarily residential. Typically, schools and/or preschool/daycare facilities are located in or adjacent to residential neighborhoods. Parking facilities would need to be expanded. (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? Page 77 of 92 5 The existing structure proposed for daycare center use is located in a fully developed neighborhood. The County Assessor’s records indicate the value of the adjoining residential properties have increased over the past four years. (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 expansion would generate more traffic than a single-family dwelling; commercial daycare facilities may accommodate up to 50 children and could have the potential of generating approximately 103.51 car trips. (6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in anyway will become a nuisance to uses permitted in the district? Past history of daycare center operations within the City has shown they do not endanger public health or safety and are generally not nuisance generators. However expanding a commercial daycare center would increase the concentration of small children in the neighborhood and automobile trips to and from the location, increasing the likelihood of traffic safety hazards. PROPOSED APPROVAL CONDITIONS 1) The special permit shall apply to 3503 W Sylvester Street (Parcel #119 392 099; Short Plat 2015-01 Lot 2) 2) The hours of operation shall not extend beyond the hours of 5:30 a.m. and 6:00 p.m., Monday through Friday; 3) Number of children shall not exceed 50. 4) Additional parking stalls shall be provided as per Pasco Municipal Code 25.78.170. 5) Applicant shall be required to supply any required parking on site. 6) Only one sign, not exceeding six (6) square feet, shall be permitted upon the property; Applicant shall secure a building permit from the City of Pasco before erecting a sign; 7) The special permit shall be null and void if an amended City of Pasco business license for the additional authorized activities is not obtained by August 1, 2018. Page 78 of 92 6 8) The special permit shall be null and void if a City of Pasco building permit for the authorized improvements is not obtained by October 1, 2018. RECOMMENDATION MOTION for Findings of Fact: I move to adopt Findings of Fact and Conclusions therefrom as contained in the January 18, 2018 staff report. MOTION for Recommendation: I move, based on the Findings of Fact and Conclusions therefrom, the Planning Commission recommend the City Council grant a special permit to Mariana & Juan Valdivia for the expansion of a commercial daycare center located at 3503 W Sylvester Street, with conditions as contained in the January 18, 2018 staff report. Page 79 of 92 VicinityMapItem: Daycare Expansion in an RS-12 Zone Applicant: Mariana & Juan Valdivia File #: SP 2017-021SITE0 60 120 180 240 300FeetPage 80 of 92 Land UseMapItem: Daycare Expansion in an RS-12 Zone Applicant: Mariana & Juan Valdivia File #: SP 2017-0210 60 120 180 240 300FeetVacantSFDUsSFDUsSFDUsSFDUsSITEPage 81 of 92 ZoningMapItem: Daycare Expansion in an RS-12 Zone Applicant: Mariana & Juan Valdivia File #: SP 2017-0210 60 120 180 240 300FeetRS-12RS-12RS-12RS-12SITEPage 82 of 92 -- - I l --~ - ' , ... --- 1 l!.l I I I' I HoCJ :S e " 1- I --- -I I ~ Ii ' I . i . - 11 11 ~I I . L!J I ~ ._, . w I Page 83 of 92 Hou Se w Page 84 of 92 SitePage 85 of 92 Looking NorthPage 86 of 92 Looking EastPage 87 of 92 Looking SouthPage 88 of 92 Looking WestPage 89 of 92 -1-   PLANNING COMMISSION MINUTES 12/21/17 C. Special Permit Valdivia Daycare Center Expansion (Mariana Hernandez & Juan Valdivia) (MF# SP 2017-021) 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 Valdivia Daycare Center expansion. The Planning Commission has seen this site before when the applicant had originally applied for their special permit to locate a daycare center. The Planning Commission made a recommendation to City Council to approve the special permit and City Council then approved. It currently serves 30 children and they have made a number of physical improvements to the home and property to accommodate the daycare center. They are proposing to expand their 30 children limit to 50 children which in most circumstances would be a rather benign land use application but in this case the issue arises with the availability of parking. The daycare is located on the north side of Sylvester Street but they have an agreement with the church across the street to use some of their lot for additional parking that would be required for the additional 20 children. The current parking requirements are for 9 stalls. The State requires a certain ratio for students to staff depending on the age of the children which affects the number of parking stalls required so the parking requirements could go up anywhere from 13-22 parking stalls to accommodate the additional staff. The problem is that crossing Sylvester Street poses a number of safety issues. There would need to be a transportation capacity analysis for safety safeguards that would require construction of sidewalk improvements all the way on Sylvester Street to Road 37 so that there are no mid-block crossings. The sidewalk improvements would also require ADA accessible ramps on both sides of the street at Road 37. The staff report to the Planning Commission addresses the issues related to traffic safety and staff suggests a couple of options to be considered, such as; (1) The number of children can’t exceed the maximum of onsite available parking or (2) The number of children can’t exceed 50, which is what the applicant applied for but with 50 children, they may be required to provide the parking across the street. Commissioner Bowers asked where staff parking is currently located. Mr. White replied that all of the parking is currently located onsite. He believes that the staff parks in the rear and the parents drop off in the front of the home. Commissioner Bowers asked why they don’t use additional parking from the vacant site located next to the daycare. Mr. White said that they don’t own that site so perhaps the applicant can provide additional information. Commissioner Campos added that he felt 50 children seemed like a lot of students Page 90 of 92 -2-   given the size of the structure so it would be likely that the structure itself would need to expand. Juan & Mariana Valdivia, 1732 N. 18th Avenue, spoke on behalf of their application. They are proposing to expand to the daycare, adding a room this year and another in the future which is why they are asking for 50 students now. If they have to make improvements to the sidewalk and safeguarding it would likely be too much money. If they could just expand their parking lot towards the end of the yard in the back then they could try to get more parking stalls that way since they have room to do so. Chairman Cruz stated that would be one of the options, mainly option 1 to see what that lot expansion would look like and then how many additional students they could add based on the additional parking stalls. He said that it gets complicated because the additional children will require additional staff which means more parking. He did not personally have an issue with the option of expanding their current parking lot on their site. Ms. Valdivia clarified from the staff report that they will not have just infants, which require higher staff to child ratios. They will likely have more toddlers and pre-k children which have lower ratios. With no further questions or comments the public hearing closed. Commissioner Campos moved, seconded by Commissioner Bowers, to close the public hearing and schedule deliberations, the adoption of findings of fact and development of a recommendation for City Council for the January 18, 2018 meeting. The motion passed unanimously. Respectfully submitted, David McDonald, City Planner Page 91 of 92 -1-   PLANNING COMMISSION MINUTES 01/18/18 C. Special Permit Valdivia Daycare Center Expansion (Mariana Hernandez & Juan Valdivia) (MF# SP 2017-021) Chairwoman Bykonen read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the special permit application to expand Valdivia Daycare Center. He reminded the Commission that at the previous meeting there were some minor issues brought up. One of those issues being parking and the other was the number of students. The applicants have met with staff and have come up with a parking scheme, as contained in the staff report, which will accommodate the number of employees and students, to allow staff to provide a recommendation for up to 50 students as outlined by the State regulations. Commissioner Portugal moved, seconded by Commissioner Campos, to adopt the findings of fact and conclusions therefrom as contained in the January 18, 2018 staff report. The motion passed unanimously. Commissioner Portugal moved, seconded by Commissioner Campos, based on the findings of fact and conclusions therefrom, the Planning Commission recommend the City Council grant a special permit to Mariana & Juan Valdivia for the expansion of a commercial daycare center located at 3503 W. Sylvester Street, with conditions as contained in the January 18, 2018 staff report. The motion passed unanimously. Respectfully submitted, David McDonald, City Planner Page 92 of 92