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Home My WebLink About2019.02.04 Council Meeting - CANCELLEDRegular Meeting AGENDA PASCO CITY COUNCIL 7:00 p.m. February 4, 2019 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. 5 - 8 (a) Approval of Minutes To approve the minutes of the Pasco City Council Regular Meeting dated January 22, 2019. 9 - 10 (b) Bills and Communications To approve claims in the total amount of $2,808,974.55 ($1,935,403.12 in Check Nos. 227053-227289; $98,899.78 in Electronic Transfer Nos. 823074-823097, 823112-823167, 823174-823212, 823215-823234, 823236- 823261, 823272-823352, 823354-823370; $21,324.71 in Check Nos. 52399- 52416; $753,346.94 in Electronic Transfer Nos. 30129790-30130285). 11 - 13 (c) Franklin County, Washington Multi-Hazard Mitigation Plan To approve Resolution No. 3885 for the Franklin County, Washington Multi-Hazard Mitigation Plan. (d) Mayoral Appointment of Councilmember Milne as Liaison to the Downtown Pasco Development Authority and Councilmember Barajas as Alternate Liaison. To confirm Mayoral Appointment of Councilmember Milne as Liaison to the Downtown Pasco Development Authority and Councilmember Barajas as Alternate Liaison. (RC) MOTION: I move to approve the Consent Agenda as read. Page 1 of 166 Regular Meeting February 4, 2019 4. PROCLAMATIONS AND ACKNOWLEDGEMENTS: 5. VISITORS - OTHER THAN AGENDA ITEMS: This item is provided to allow citizens the opportunity to bring items to the attention of the City Council or to express an opinion on an issue. Its purpose is not to provide a venue for debate or for the posing of questions with the expectation of an immediate response. Some questions require consideration by Council over time and after a deliberative process with input from a number of different sources; some questions are best directed to staff members who have access to specific information. Citizen comments will normally be limited to three minutes each by the Mayor. Those with lengthy messages are invited to summarize their comments and/or submit written information for consideration by the Council outside of formal meetings. 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers 14 - 16 (b) General Fund Operating Statement 7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: 17 - 33 (a) Rivershore Reconveyance Update and Discussion Option 1 - MOTION: I move to approve Resolution No. 3886, requesting reconveyance of specific federally-owned park, flowage easement, and openspace lands along the Columbia River to City of Pasco ownership. - or - Option 2 - MOTION: I moved to approve Resolution No. 3886, requesting reconveyance of specific federally-owned park, flowage easement, openspace, and private shoreline-abutting lands along the Columbia River to City of Pasco ownership. 34 - 64 (b) Rezone: Five Parcels from R-2 to R-3 for Cedar Flats Subdivision (MF# Z 2018-008) MOTION: I move to adopt Ordinance No. 4421, rezoning five parcels in the 600 block of South Cedar Avenue from R-2 to R-3 and further, authorize publication by summary only. 65 - 109 (c) Preliminary Plat: Cedar Flats (MF# PP 2018-009) MOTION: I move to approve Resolution No. 3887, approving the Preliminary Plat for Cedar Flats. Page 2 of 166 Regular Meeting February 4, 2019 110 - 138 (d) Rezone: Four Parcels from C-1 and RT to C-3 (MF# Z2018-009) MOTION: I move to adopt Ordinance No. 4422, rezoning four parcels from C-1 (Retail Business District) and RT (Residential Transition) to C-3 (General Commercial) with restrictions as contained in the Concomitant Agreement, and further, authorize publication by summary only. 139 - 149 (e) ROW Vacation: Vacating a portion of Saint Thomas Drive (VAC 2019- 001) MOTION: I move to approve Resolution No. 3888, a resolution setting 7:00 P.M., Monday, March 4, 2019 as the time and date to conduct a public hearing to consider vacating a portion of Saint Thomas Drive near the intersection of Saint Thomas Drive and Broadmoor Boulevard. 150 - 154 (f) Notice of Public Hearing - Final Assessment Roll Chapel Hill LID Project MOTION: I move to approve Resolution No. 3889 fixing a time and place for hearing on the final assessment roll for Local Improvement District No. 150, and directing that notice thereof be given in the manner required by law. 155 - 159 (g) 2019 Legislative Priorities - Amendment MOTION: I move to approve Resolution No. 3890, declaring the City's legislative priorities (amended) for the 2019 session of the Washington State Legislature. 9. UNFINISHED BUSINESS: 10. NEW BUSINESS: 160 - 166 (a) Bid Award - 14001 Harris Road Sewer Transmission Main MOTION: I move to award the Harris Road Sewer Transmission Main project to Culbert Construction, Inc. in the base bid amount of $2,412,115.89 and, further, authorize the City Manager to execute the contract documents. 11. MISCELLANEOUS DISCUSSION: 12. EXECUTIVE SESSION: 13. ADJOURNMENT. Page 3 of 166 Regular Meeting February 4, 2019 (RC) Roll Call Vote Required * Item not previously discussed Q Quasi-Judicial Matter MF# “Master File #....” REMINDERS: • Monday, February 4, 1:30 p.m., Emergency Medical Services Board Meeting – Fire Training Center, 1811 S. Ely, Kennewick (COUNCILMEMBER BLANCHE BARAJAS, Rep.; COUNCILMEMBER DAVID MILNE, Alt.). • Thursday, February 7, 5:30 p.m., Parks & Recreation Advisory Board – P&R Classroom, Pasco City Hall (COUNCILMEMBER DAVID MILNE, Rep.; COUNCILMEMBER SAUL MARTINEZ, Alt.). • Friday, February 8, 11:00 a.m., Ribbon Cutting - Columbia Raw Water Intake Project - 11412 West Court Street. 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. Spanish language interpreter service may be provided upon request. Please provide two business day's notice to the City Clerk to ensure availability. (Servicio de intérprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal dos días antes para garantizar la disponibilidad.) Page 4 of 166 AGENDA REPORT FOR: City Council January 28, 2019 TO: Dave Zabell, City Manager Regular Meeting: 2/4/19 FROM: Daniela Erickson, City Clerk Administrative & Community Services SUBJECT: Approval of Minutes I. REFERENCE(S): Minutes 1.22.19 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: To approve the minutes of the Pasco City Council Regular Meeting dated January 22, 2019. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 5 of 166 REGULAR MEETING MINUTES PASCO CITY COUNCIL JANUARY 22, 2019 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, and Matt Watkins. Excused: Pete Serrano. Staff present: Stan Strebel, Deputy City Manager; Leland Kerr, City Attorney; Michael Morales, Deputy Community & Economic Development Director; Zach Ratkai, Administrative & Community Services Director; Bob Metzger, Police Chief and Ed Dunbar, Deputy 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 January 7, 2019. Bills and Communications To approve claims in the total amount of $4,486,865.90 ($3,710,254.03 in Checks Nos 226721-227052; $23,965.33 in Electronic Transfer Nos. 823213, 823270; $17,401.39 in Check Nos. 52384-52398; $735,245.15 in Electronic Transfer Nos. 30129286-30129789). To approve bad debt write-off for Utility Billing, Ambulance, Cemetery, General Accounts, Miscellaneous Accounts, and Municipal Court (non-criminal, criminal, and parking) accounts receivable in the total amount of $218,667.42 and, of that amount, authorize $125,466.88 to be turned over for collection. Regional Chamber Ex-Officio Appointment To appoint Councilmember Blanche Barajas (Primary) and Councilmember Ruben Alvarado (Backup) to the Regional Chamber as an Ex-Officio Member. Final Project Acceptance - Traffic Signal Improvements - City Wide Phase 1 To approve Resolution No. 3884 accepting the work performed by Sierra Electric, Inc. for the Traffic Signal Improvements Citywide Phase 1 project. Professional Services Agreement with RH2 Engineering, Inc. for the 19053 - Road 52 & Pearl Street Lift Station Project To award the Professional Services Agreement with RH2 Engineering, Inc. for the 19053 - Road 52 & Pearl Street Lift Station Project, in the amount of $388,733 and, further authorize the City Manager to execute the contract documents. MOTION: Mr. Maloney moved to approve the Consent Agenda as read. Mr. Martinez seconded. Motion carried by unanimous Roll Call vote. Page 6 of 166 REGULAR MEETING MINUTES PASCO CITY COUNCIL JANUARY 22, 2019 REPORTS FROM COMMITTEES AND/OR OFFICERS: Verbal Reports from Councilmembers • Mr. Maloney said there will be a Joint Meeting with the Port of Pasco Commissioners this coming Monday. • Ms. Barajas participated in the 3rd annual Women's March this past Saturday. Issued a Call for Action to help mentor the youth in our community. • Mr. Alvarado attended the Greater Columbia Health Board Meeting, the Safe Kids Coalition and the Benton Franklin Council of Governments Meeting. Also, attended the AG Hall of Fame Show with Mr. Martinez. • Mr. Milne attended a recent DPDA Meeting and is willing to be a Council Liaison to that Board. Ms. Barajas volunteered to be a back-up. • Mr. Martinez attended the TRAC Advisory Board Meeting. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Housekeeping Ordinances for Various Criminal Offenses MOTION 1: Mr. Maloney moved to adopt Ordinance No. 4417, Amending PMC Section 9.45.040 “Marijuana – Definition”; Amending PMC Section 9.45.050 “Marijuana – Possession Unlawful”; Creating PMC 9.45.051 “Marijuana – Possession Unlawful for Persons Under 21”; Creating PMC Section 9.45.052 “Public Consumption – Violation”; Amending PMC 9.45.080 “Penalties – Mandatory Minimums”; Creating PMC 9.45.085 “Medical Marijuana – Affirmative Defenses”; and Amending PMC 9.45.100 “Prohibited Conduct Within Drug-Free Zone” and further authorize publication by summary only. Ms. Barajas seconded. Motion carried unanimously. MOTION 2: Mr. Maloney moved to adopt Ordinance No. 4418, Creating PMC Section 9.40.030 “Emergency Response – Recovery of Costs" and further authorize publication by summary only. Mr. Milne seconded. Motion carried unanimously. MOTION 3: Mr. Maloney moved to adopt Ordinance No. 4419, Amending PMC Section 9.15.070 “Reckless Endangerment” and further authorize publication by summary only. Mr. Martinez seconded. Motion carried unanimously. MOTION 4: Mr. Maloney moved to adopt Ordinance No. 4420, Amending PMC Section 9.115.070 “Computer Trespass Second Degree” and further authorize publication by summary only. Mr. Alvarado seconded. Motion carried unanimously. Orcas Task Force Recommendations MOTION: Mr. Maloney moved to authorize the Mayor's signature on behalf of the Pasco City Council, on the attached letter expressing concerns with the Governor's $750,000 request for a study concerning breeching the Snake River dams. Mr. Martinez seconded. Motion carried unanimously. MISCELLANEOUS DISCUSSION: Mr. Strebel mentioned that the bids for the Chapel Hill LID Project are set to open on February 5, 2019. Page 7 of 166 REGULAR MEETING MINUTES PASCO CITY COUNCIL JANUARY 22, 2019 ADJOURNMENT: There being no further business, the meeting was adjourned at 7:17 p.m. PASSED AND APPROVED this 4th day of February 2019. APPROVED: ATTEST: Matt Watkins, Mayor Daniela Erickson, City Clerk Page 8 of 166 AGENDA REPORT FOR: City Council January 31, 2019 TO: Dave Zabell, City Manager Regular Meeting: 2/4/19 FROM: Richa Sigdel, Director Finance SUBJECT: Bills and Communications I. REFERENCE(S): Accounts Payable 02.04.19 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $2,808,974.55 ($1,935,403.12 in Check Nos. 227053-227289; $98,899.78 in Electronic Transfer Nos. 823074-823097, 823112- 823167, 823174-823212, 823215-823234, 823236-823261, 823272-823352, 823354- 823370; $21,324.71 in Check Nos. 52399-52416; $753,346.94 in Electronic Transfer Nos. 30129790-30130285). III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 9 of 166 REPORTING PERIOD: February 4, 2019 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers 227053-227289 52399-52416 Total Check Amount $1,935,403.12 $21,324.71 Total Checks 1,956,727.83$ Electronic Transfer Numbers 823074-823097 30129790-30130285 823112-823167 823174-823212 823215-823234 823236-823261 823272-823352 823354-823370 Total EFT Amount $98,899.78 $753,346.94 $0.00 Total EFTs 852,246.72$ Grand Total 2,808,974.55$ Councilmember 667,102.98 36,616.26 0.00 0.00 12.54 4,656.41 42,524.69 9,418.21 5,620.66 12,630.71 1,685.57 91,115.04 811.29 472.20 34,876.04 11,329.17 0.00 585,990.43 469,588.85 20,096.77 360.93 0.00 238.00 0.00 813,827.80 GRAND TOTAL ALL FUNDS:2,808,974.55$ MEDICAL/DENTAL INSURANCE OLD FIRE OPEB FLEX PAYROLL CLEARING EQUIPMENT RENTAL - OPERATING BUSINESS LITTER ABATEMENT REVOLVING ABATEMENT ECONOMIC DEVELOPMENT STADIUM/CONVENTION CENTER LID GENERAL CAP PROJECT CONSTRUCTION UTILITY, WATER/SEWER EQUIPMENT RENTAL - OPERATING GOVERNMENTAL C.D. BLOCK GRANT MARTIN LUTHER KING COMMUNITY CENTER AMBULANCE SERVICE CEMETERY ATHLETIC PROGRAMS GOLF COURSE SENIOR CENTER OPERATING MULTI-MODAL FACILITY 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 4th day of February, 2019 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 January 17 - 30, 2019 C I T Y O F P A S C O Council Meeting of: Accounts Payable Approved Page 10 of 166 AGENDA REPORT FOR: City Council January 16, 2019 TO: Dave Zabell, City Manager Regular Meeting: 2/4/19 FROM: Bob Gear, Fire Chief Fire Department SUBJECT: Franklin County, Washington Multi-Hazard Mitigation Plan I. REFERENCE(S): Franklin County, Washington Multi-Hazard Mitigation Plan. The document is too large to include with Agenda Report, it can be accessed on the Franklin County Emergency Management website www.franklinem.org. Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approved Resolution No. ___________ The Franklin County, Washington Multi-Hazard Mitigation Plan. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: Hazard "Multi a have to Franklin is Management Emergency County required Mitigation Plan" in order to be eligible for federal mitigation funding. This plan defines the natural hazards within Franklin County and incorporates the Community Wildfire Protection Plan from 2014. The plan requires periodic updating. V. DISCUSSION: The 2018 revision/updates of the Franklin County Multi-Hazard Mitigation Plan were minor "housekeeping" changes that did not affect participation or responsibilities to the Page 11 of 166 City of Pasco. It incorporated the approved Community Wildfire Protection Plan from 2014 and updated some of the most recent disasters within the county, (for example the winter storm in January 2017). Staff recommends that Council adopt the 2018 revision/update of the Franklin County Multi-Hazard Mitigation Plan. Page 12 of 166 RESOLUTION NO. ______ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON ACCEPTING AND ADOPTING THE REVISON OF FRANKLIN COUNTY, WASHINGTON MULTI-HAZARD MITIGATION PLAN WHEREAS, the facilities, operations and personnel of the City of Pasco are vulnerable to the human and economic costs of natural, technological and societal disasters; and WHEREAS, the City of Pasco recognizes the importance of reducing or eliminating these vulnerabilities for the overall good and welfare of the community; and WHEREAS, the City of Pasco has been an active participant in the Franklin County, Multi- Hazard Mitigation Task Force, which has established a comprehensive, coordinated planning process to eliminate or decrease these vulnerabilities; and WHEREAS, the City of Pasco’s representatives and staff have identified, justified and prioritized a number of proposed projects and programs needed to mitigate the vulnerabilities of the City of Pasco to the impacts of future disasters, NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF PASCO, 1) The City of Pasco hereby accepts and approves of its designated portion of the Franklin County, Washington Multi-Hazard Mitigation Plan including any required changes by FEMA or State Emergency Management. 2) The City of Pasco hereby accepts, approves of and commits to participate and cooperate in the implementation of the county-wide mitigation initiatives. 3) The directors and staff of the City of Pasco are requested and instructed to pursue available funding opportunities for implementation of the proposals designated therein. 4) The City of Pasco will, upon securing such funding or other necessary resources seek to implement the proposals contained in its section of the strategy. 5) The City of Pasco will continue to participate and cooperate in the Multi- Hazard Mitigation Task Force to update and expand the Franklin County Multi-Hazard Mitigation Plan in the years ahead. 6) The City of Pasco will further encourage other businesses, industries and community groups within Pasco to also participate in the Multi-Hazard Mitigation Task Force to support the Franklin County Multi-Hazard Mitigation Plan in the years ahead. PASSED by the City Council of the City of Pasco at its regular meeting this 22nd day of January, 2019. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 13 of 166 GENERAL FUND Labor Elapsed Time 100%Year to Date: December, 2018 Non Labor Elapsed Time 100%REVENUE SOURCES2017 Adopted Budget2017 YTD Actual% of Annual Budget2018 Adopted Budget2018 YTD Actual% of Annual Budget Variance CommentsTAXES: PROPERTY 7,825,655 7,963,302 102% 8,182,758 8,352,750 102% SALES 12,300,000 13,180,233 107% 12,675,000 14,154,008 112% Higher than expected activity. PUBLIC SAFETY 1,400,000 1,523,723 109% 1,488,740 1,661,707 112% Higher than expected activity. UTILITY 9,267,000 9,409,979 102% 9,498,808 9,585,916 101% OTHER 1,204,000 1,252,023 104% 1,215,170 1,299,862 107% Higher than expected activity in gambling tax.LICENSES & PERMITS 1,921,964 2,177,235 113% 2,054,200 2,640,720 129% Higher than expected activity in business license and building permits.INTERGOV'T REVENUE 2,118,837 2,130,300 101% 2,317,438 2,294,273 99%CHARGES FOR SERVICES 6,523,156 6,932,637 106% 7,093,604 7,385,382 104%FINES & FORFEITS 872,100 788,474 90% 853,100 943,321 111% Higher than expected activity.MISC. REVENUE 498,760 657,342 132% 528,800 1,731,200 327% Sale of City property.DEBT AND TRANSFERS IN593,000 638,000 108% 227,600 232,298 102%TOTAL 44,524,472 46,653,248 105% 46,135,218 50,281,437 109%EXPENDITURES2017 Adopted Budget2017 YTD Actual% of Annual Budget2018 Adopted Budget2018 YTD Actual% of Annual Budget Variance CommentsCITY COUNCIL111,975 111,918 100% 124,511 124,533 100%MUNICIPAL COURT 1,763,123 1,458,682 83% 1,464,406 1,504,212 103%CITY MANAGER 1,593,838 1,709,640 107% 1,564,519 1,635,045 105%POLICE 15,483,731 16,497,955 107% 16,544,349 16,565,400 100%FIRE 7,055,942 7,660,554 109% 6,859,386 7,874,894 115%Higher than budgeted due to overtime activity. Council approved supplemental funds.ADMIN & COMMUNITY SVCS 6,801,261 7,370,500 108% 7,533,004 7,502,803 100%COMMUNITY DEVELOPMENT 1,592,376 1,748,053 110% 1,728,603 1,916,402 111%Comprehensive Plan Study cost. Council approved supplemental funds.FINANCE 2,019,332 2,196,310 109% 2,231,311 2,270,459 102%ENGINEERING 1,798,269 1,726,983 96% 1,801,529 1,555,552 86% Lower than budgeted due to vacant positions.LIBRARY 1,330,220 1,445,550 109% 1,377,958 1,375,894 100%NON-DEPARTMENTAL 2,219,313 2,025,292 91% 3,173,513 2,795,354 88%Final invoices for SECOMM transition pending that are expected to be received by beginning of 2019.DEBT AND TRANSFERS OUT 2,747,400 3,592,619 131% 1,941,700 1,914,455 99%TOTAL 44,516,780 47,544,056 107% 46,344,789 47,035,003 101%2017 20182017 2018 Page 14 of 166 GENERAL FUND END FUND BALANCE HISTORY: GENERAL FUND REVENUES OVER/UNDER EXPENDITURES: For 2018, preliminary YTD revenues exceed expenditures by $3,246,434. While a significant amount to the positive, this can be attributed to higher than anticipated increase in sales tax, permits, fees, and sale of City property. The increase in sales tax can in part be attributed to growing economic base within the City, however high one-time construction activity and investment into physical plant upgrades were major drivers. The increase in licensing fee revenues are due to in part to changes that Council approved, modifying the fee structure and allowing businesses easier access to City's licensing process. The transition to the Washington Business Licensing system increased the number of city licensed businesses by 1,800, increase by the factor of 53%. Finally, there has been a focus in 2018 to put City-owned properties not suitable for public purposes, like parks or infrastructure, to beneficial use. The sale of these properties to private concerns generated $757 thousand dollars, approximately 24% of the projected general fund surplus. It is important to note that a significant portion of the 2018 revenue surplus is primarily due to one-time construction sales tax historically makes up 15% of the City's total sales tax, roughly $2.1 million dollars in 2018. Due to the growth in new homes within the City limits, and investment in privately owned plant facilities, this source of revenue has seen robust growth. However, construction sales tax is elastic in its nature, and very dependent on market forces and availability of land on which to build homes. Available of residential land within the City is rapidly reducing with development. Furthermore, national and regional economics also heavily impact construction sales tax. The City is expected to maintain its current level of growth in building permits and construction for approximately the next two years, however, further growth/decline in this area will be highly dependent on the future urban growth boundary, annexation of undeveloped land, market forces and the economy in general. As a side note, with respect to business licensing revenues, as discussed with Council during the rate setting process, at the time they were adjusted the City lacked a reliable data set to be able to predict business license revenue under the then new fee structure. Council asked Staff to comeback once a reliable data set was acquired; which Staff expects will be achieved by the end of 2019. Staff anticipates revisiting the business license fee structure with the City Council toward the end of Q3 2019. For the past several years, as is standard practice for cities with a surplus of construction sales tax related to high growth, the City has engaged in a strategy of saving these surpluses as fund balance as cushion against an inevitable downturn in such revenue. All surplus general fund revenues will be i lddi h f dbl ( i d d i d i )f f d i i h dd i $0 $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 $40,000 $45,000 $50,000 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DECThousands2018 CUMULATIVE GENERAL FUND REVENUE & EXPENDITURES 2018 Cumulative Revenue 2018 Cumulative Expenditures 4‐Yr Average Rev 4‐Yr Average Exp Page 15 of 166 Recipient Contract/Purchase Name Amount Amendment Contract Total Execution Date Expiration Date Lingeman Valuation & Consulting On-Call Municipal Real Estate Services (PSA) 100,000.00$ -$ 100,000.00$ 11/5/2018 12/31/2020PACE Engineers, Inc. Force Main Replacement Foster Wells 185,354.92$ -$ 185,354.92$ 12/3/2018 12/31/2019CKJT City Hall Remodel Project II (PSA) 133,162.00$ -$ 133,162.00$ 12/31/2019 12/31/2019Report of Contracts/Purchases Over 100K and Under 600KPage 16 of 166 AGENDA REPORT FOR: City Council January 23, 2019 TO: Dave Zabell, City Manager Regular Meeting: 2/4/19 FROM: Zach Ratkai, Director Administrative & Community Services SUBJECT: Rivershore Reconveyance Update and Discussion I. REFERENCE(S): Draft Preliminary Power Point Presentation Resolution Option #1 Resolution Option #2 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Option 1 - MOTION: I move to approve Resolution No. __________, requesting reconveyance of specific federally-owned park, flowage easement, and openspace lands along the Columbia River to City of Pasco ownership. - or - Option 2 - MOTION: I moved to approve Resolution No. __________, requesting reconveyance of specific federally-owned park, flowage easement, openspace, and private shoreline-abutting lands along the Columbia River to City of Pasco ownership. III. FISCAL IMPACT: Unknown at this time. IV. HISTORY AND FACTS BRIEF: For the past couple years, the Tri-Cities region, catalyzed by the City of Kennewick and facilitated through TRIDEC, has been discussing the re-conveyance of the Columbia River shoreline from Federal control to local agencies. During the latter part of 2018, Kennewick, Pasco and Richland, in partnership with TRIDEC each conducted public meetings to present information, gather input, and gauge overall support for the project on the part of the public. During and since this time, City Council has been continually updated. Page 17 of 166 At the January 28, 2019 City Council Workshop, staff updated City Council on the legal analysis provided by KL Gates, as retained through TRIDEC. That study outlined the findings conducted regarding the following area of concern: - Deed Restrictions historically placed on the properties at the original conveyance, and what deed restrictions could be placed on property tranferred out of Federal ownership to local entities. - What environmental and development regulations apply on Federal property, what would be exempted through transfer, and what would remain applicable should federal property to conveyed to local entities. - Tribal Treaties and Rights: How would a potential land transfer impact historical tribal treaties and rights to the land and river access? -Could offshore flowage easements be transferred from Federal Ownership to local agencies? During the workshop, staff and Council discussed lands that could be transferred back to City ownership. Direction from Council was to examine two scenarios: - Conveyance of recognized park lands, specifically Chiawana Park, Wade Park, Schlagel Park/Pasco Boat Basin, a trail head on A Street at 25th Street, and identified federal flowage easements within the urbanized part of Pasco and unincorporated Franklin County. - Conveyance of all parcels discussed above, but also including federal land along private shorelines in the area of west Pasco generally between Rd 108 and the I-182 bridge. Staff has attached two (2) resolutions to the report for consideration. TRIDEC has requested that all jurisdictions potentially interested in pursuing re- conveyance provide details regarding their support/non-support and the extent of lands each jurisdiction wishes to have conveyed to TRIDEC by February 8, 2019 in order to begin drafting legislation in the United State Congress. V. DISCUSSION: City staff will provide a specific analysis and synopsis of the conveyance options, and will present additional information on specific shoreline development requirements along private property in the event of a transfer of ownership to the City. Page 18 of 166 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, REQUESTING RECONVEYANCE OF SPECIFIC FEDERALLY-OWNED PARK, FLOWAGE EASEMENT, AND OPENSPACE LANDS ALONG THE COLUMBIA RIVER TO CITYOF PASCO OWNERSHIP WHEREAS, most of the Columbia River shoreline and some of the lower Snake River shoreline in the Tri-Cities Region was conveyed from local, public, and private ownership and placed into federal ownership after the floods of 1948 and subsequent construction of the McNary and John Day Dams; and, WHEREAS, after several decades, management of the Columbia River is now a refined practice that has changed the hydrology of the rivers such that its flow is generally static, predictable and not subject to the threats of dynamic fluctuations; and, WHEREAS, there is a sense in the Tri-Cities Region that local ownership and control over these shore lands would improve opportunities for economic development and enhanced recreational use; and, WHEREAS, the City of Pasco is engaged in the active management and maintenance of park lands and off-shore flowage easements currently in Federal ownership that could benefit by local control; and, WHEREAS, the City of Pasco is desirous of obtaining park lands and off-shore flowage easements, as well as additional lands for the purpose of open space, recreation, and parks purposes, as described in Exhibit A attached hereto; and, NOW, THEREFORE, the City of Pasco supports the efforts to re-convey to local ownership the lands acquired by the U.S. Army Corps of Engineers within that area of the Columbia River shoreline within the Pasco City Limits; and that such reconveyance also include the release of property easements and other deed restrictions, such as, but not limited to, flowage easements and occupancy restrictions. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the copy of this resolution and all associated exhibits be forwarded to the Tri-City Economic Council and included in a package of support to the state of Washington’s Congressional Delegation, and Page 19 of 166 PASSED by the City Council of the City of Pasco this 4th day of February, 2019. _____________________________ Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Daniela Erickson Kerr Law Group City Clerk City Attorney Page 20 of 166 EXHIBIT A PARCEL NO. or LEGAL DESCRIPTION Common Name / General (Legal Desc. Outlined in USACE Lease) Chiawana Park (Legal Desc. Outlined in USACE Lease) Wade Park 119740022 A Street Trailhead 112402481 Schagel Park/Pasco Boat Basin 112402472 Schagel Park/Pasco Boat Basin 118581045 Federal Flowage Easement 118442116 Federal Flowage Easement 119111041 Federal Flowage Easement 118581054 Federal Flowage Easement 118612029 Federal Flowage Easement 118572377 Federal Flowage Easement 126160065 Non-Designated Open Space Page 21 of 166 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, REQUESTING RECONVEYANCE OF SPECIFIC FEDERALLY-OWNED PARK, FLOWAGE EASEMENT, OPENSPACE, AND PRIVATE SHORELINE-ABUTTING LANDS ALONG THE COLUMBIA RIVER TO CITYOF PASCO OWNERSHIP WHEREAS, most of the Columbia River shoreline and some of the lower Snake River shoreline in the Tri-Cities Region was conveyed from local, public, and private ownership and placed into federal ownership after the floods of 1948 and subsequent construction of the McNary and John Day Dams; and, WHEREAS, after several decades, management of the Columbia River is now a refined practice that has changed the hydrology of the rivers such that its flow is generally static, predictable and not subject to the threats of dynamic fluctuations; and, WHEREAS, there is a sense in the Tri-Cities Region that local ownership and control over these shore lands would improve opportunities for economic development and enhanced recreational use; and, WHEREAS, the City of Pasco is engaged in the active management and maintenance of park lands and off-shore flowage easements currently in Federal ownership that could benefit by local control; and, WHEREAS, the City of Pasco is desirous of obtaining park lands and off-shore flowage easements and additional lands for the purpose of open space, recreation, and parks purposes, as well as all remaining federally-owned land abutting private parcels with the exception of officially designated levee structures or flood control infrastructure, as described in Exhibit A attached hereto; and, NOW, THEREFORE, the City of Pasco supports the efforts to re-convey to local ownership the lands acquired by the U.S. Army Corps of Engineers within that area of the Columbia River shoreline within the Pasco City Limits; and that such reconveyance also include the release of property easements and other deed restrictions, such as, but not limited to, flowage easements and occupancy restrictions. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the copy of this resolution and all associated exhibits be forwarded to the Tri-City Economic Council and included in a package of support to the state of Washington’s Congressional Delegation, and Page 22 of 166 PASSED by the City Council of the City of Pasco this 4th day of February, 2019. _____________________________ Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Daniela Erickson Kerr Law Group City Clerk City Attorney Page 23 of 166 EXHIBIT A PARCEL NO. or LEGAL DESCRIPTION Common Name / General (Legal Desc. Outlined in USACE Lease) Chiawana Park (Legal Desc. Outlined in USACE Lease) Wade Park 119740022 A Street Trailhead 112402481 Schagel Park/Pasco Boat Basin 112402472 Schagel Park/Pasco Boat Basin 118581045 Federal Flowage Easement 118442116 Federal Flowage Easement 119111041 Federal Flowage Easement 118581054 Federal Flowage Easement 118612029 Federal Flowage Easement 118572377 Federal Flowage Easement 126160065 Non-Designated Open Space Requires Survey Prior to Conveyance Federal Parcels Abutting Private Property Page 24 of 166 Page 25 of 166 Page 26 of 166 Page 27 of 166 Page 28 of 166 Page 29 of 166 Page 30 of 166 Page 31 of 166 Page 32 of 166 Page 33 of 166 AGENDA REPORT FOR: City Council January 30, 2019 TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development Regular Meeting: 2/4/19 FROM: Darcy Bourcier, Planner I Community & Economic Development SUBJECT: Rezone: Five Parcels from R-2 to R-3 for Cedar Flats Subdivision (MF# Z 2018-008) I. REFERENCE(S): Vicinity Map Proposed Ordinance Reports to Planning Commission Dated: 12/20/2018 and 1/17/2019 Planning Commission Minutes Dated: 12/20/2018 and 01/17/2019 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. ______, rezoning five parcels in the 600 block of South Cedar Avenue from R-2 to R-3 and further, authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On December 20, 2018 the Planning Commission conducted a public hearing to consider a request to rezone 403, 405, 407, and 427 S Cedar Avenue and Parcel #113900076 from R-2 (Medium Density Residential) to R-3 (Medium Density Residential). Following the conduct of a public hearing, the Planning Commission reasoned it would be appropriate to rezone the property to R-3 and is recommending Council approval of the requested rezone as contained in the Staff Report. V. DISCUSSION: Page 34 of 166 The applicant is seeking to rezone the subject site from R-2 to R-3 in order to subsequently subdivide the five parcels into 109 multi-family lots for zero lot line construction. R-2 (Medium Density Residential) zoning permits one multi-family dwelling unit per 5,000 square feet of lot area, while R-3 (Medium Density Residential) zoning permits one multi-family dwelling unit per 3,000 square feet of lot area. The approval of the preliminary plat (Cedar Flats) which was submitted concurrently with the rezone request is contingent upon the approval of this rezone. Page 35 of 166 Item:Rezone -Cedar Flats R-2 to R-3 Applicant:Knutzen Engineering File #2 Z 2018-O08 Page 36 of 166 ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON REZONING FIVE PARCELS IN THE 600 BLOCK OF SOUTH CEDAR AVENUE FROM R-2 (MEDIUM DENSITY RESIDENTIAL) TO R-3 (MEDIUM DENSITY RESIDENTIAL). WHEREAS, a complete and adequate petition for change of zoning classification has been received and an open record hearing having been conducted by the Pasco Planning Commission upon such petition; and, WHEREAS, that the effect of the requested change in zoning classification shall not be materially detrimental to the immediate vicinity; and, WHEREAS, based upon substantial evidence and demonstration of the Petitioner, that: (A) the requested change for the zoning classification is consistent with the adopted Comprehensive Plan; (B) the requested change in zoning classification is consistent with or promotes the goals and objectives of the Comprehensive Plan serving the general public interest in the community; and (C) there has been a change in the neighborhood or community needs or circumstances warranting the requested change of the zoning classification; and (D) the Planning Commission developed findings which are hereby adopted by the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed from R-2 (Medium Density Residential) to R-3 (Medium Density Residential) for the real property as shown in the Exhibit “1” attached hereto and described as follows: SHORT PLAT 2015-16 LOTS 1, 2, and 3 1 acre of: The South Half of the Southwest Quarter of the Northwest Quarter of the Southeast Quarter of Section 28, Township 9 N, Range 30 E. 1 acre of: The West 30 Rods of the Southwest Quarter of the Southeast Quarter except the South 880 Feet of Section 28, Township 9 N, Range 30 E thereof and the easement of Pacific Power & Light Company (AFN #316529) Section 2. This ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. Passed by the City Council of the City of Pasco this _____ day of ________________, 2019. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 37 of 166 1 REPORT TO PLANNING COMMISSION MASTER FILE NO: Z 2018-008 HEARING DATE: 12/20/2018 ACTION DATE: 1/17/2019 APPLICANT: Knutzen Engineering 5453 Ridgeline Dr. Ste 120 Kennewick, WA 99338 BACKGROUND REQUEST: Rezone: Rezone five parcels from R-2 (Medium Density Residential) to R-3 (Medium Density Residential) for Cedar Flats subdivision 1. PROPERTY DESCRIPTION: Legal: A Portion of Township 9 N, Range 30 E, Section 28 General Location: The 600 block of S Cedar Avenue Property Size: 14.47 acres 2. ACCESS: The property has access from S Cedar Ave and the proposed extension of E Helena St 3. UTILITIES: Municipal water and sewer service are located in S Cedar Ave and E Helena St 4.LAND USE AND ZONING: The site is zoned R-2 (Medium-Density Residential). Surrounding properties are zoned and developed as follows: NORTH: R-2 – Vacant SOUTH: R-1A – SFDUs EAST: R-1A – SFDUs WEST R-1 – SFDUs/Vacant 5.COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for mixed residential development. According to the Comprehensive Plan, mixed residential development means 5 to 20 dwelling units per acre. The criteria for allocation under the future land use section of Volume II of the Comprehensive Plan (Vol. II, page 17) encourages development of lands designated for mixed residential uses when or where sewer is available, when the location is suitable for home sites, and when there is a market demand for new home sites. Policy H-1- E encourages the advancement of home ownership and Goal H-2 suggests the City strive to maintain a variety of housing options for residents of the community. Goal LU-2 encourages the maintenance of established neighborhoods and the creation of new neighborhoods that are safe and enjoyable places to live. Page 38 of 166 2 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. An environmental determination will be made after the public hearing for this project. A Determination of Non- Significance or Mitigated Determination of Non-Significance is likely for this application (WAC 197-11-355). ANALYSIS The project site includes five contiguous parcels on which four existing houses and various accessory structures are located. The site was annexed into the City in 1994 and zoned R-2 (Medium Density Residential). However, the underlying Comprehensive Plan zoning designation of Mixed Residential allows for zoning districts RS-20, RS-12, RS-1, and R-1 through R-3. The applicant is seeking to rezone the property to R-3 in order to subsequently subdivide the five parcels into 109 multi-family duplex lots for zero lot line construction (Cedar Flats). Of the allowable zones under the Mixed Residential designation, the R-3 zone allows for the highest residential density at a rate of one dwelling unit for every 3,000 ft² of land area or 14.5 units per acre. Per the R-3 zoning provisions and zero lot line construction, each lot must be at least 3,000 square feet in size. This density equates to approximately 14.5 dwelling units per acre, which conforms to the Comprehensive Plan’s suggested density of 5 to 20 dwelling units per acre for the Mixed Residential designation. The rezone site is 14.47 acres in area; barring the required right-of-way dedications, R-3 zoning will allow up to 210 multi-family lots on a site this size. The proposed Cedar Flats preliminary plat submitted by the developer to be considered concurrently with this rezone application indicates 109 multi-family lots to be created contingent upon the approval of the rezone. During the time of development, the City requires full improvement of right-of-way including curb, gutter, and sidewalk. The proposal is in compliance with the Comprehensive Plan’s Land Use and Zoning maps. The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria are listed below as follows: 1. The date the existing zone became effective: The rezone site was zoned R-2 in 1994 when it was annexed into the City. 2. The changed conditions which are alleged to warrant other or additional zoning: The property is considered “infill” property as development has occurred around it. Due to Pasco’s rapid population increase, developing the remaining infill properties around the City has become crucial to accommodate future growth. By Page 39 of 166 3 rezoning the property to R-3 which permits the creation of lots at a greater density than R-2, the applicant may then develop the property with more dwelling units to serve the population. 3. Facts to justify the change on the basis of advancing the public health, safety and general welfare: The proposed zoning request is consistent with the Comprehensive Plan which has been determined to be in the best interest of advancing public health, safety and general welfare of the community. The rezone will lead to the creation of a multi - family subdivision providing housing and job opportunities for Pasco residents. 4. The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: A change in zoning classification may ultimately result in the establishment of a multi-family residential subdivision consistent with the Comprehensive Plan. The applicant’s end goal is to establish a medium density infill development; however, the vicinity is predominantly low-density single-family development. Even so, it is anticipated that the proposed use will either have no impact or positive impact on current and future residential development in the area. 5. The effect on the property owner or owners if the request is not granted: The property owner may choose to develop the property under the current R-2 zoning designation. 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 consists of five contiguous parcels and is zoned R-2 (Medium Density Residential). 2. The site was annexed in 1994. 3. The site is approximately 14.47 acres. 4. The Comprehensive Plan identifies the site for Mixed Residential zoning which includes zones RS-20, RS-12, RS-1, and R-1 through R-3. 5. The applicant is seeking a rezone to R-3 in order to subdivide the parcels into 109 multi-family duplex lots for zero lot line construction. Page 40 of 166 4 6. The lot density of the proposed subdivision is contingent upon the approval of this rezone. 7. R-3 zoning permits a density at a rate of one dwelling unit for every 3,000 square feet of land area or 14.5 units per acre. 8. The Comprehensive Plan indicates that property designated as Mixed Residential should be developed with 5 to 20 dwelling units per acre. 9. Barring required right-of-way dedications, a property of this size may be divided into as many as 210 lots. 10. Development of the property under its current R-2 zoning designation would require a density of one dwelling unit per each 5,000 square feet. 11. The proposal is in compliance with the Comprehensive Plan’s land use and zoning maps. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop Findings of Fact from which to draw its conclusions based upon the criteria listed in PMC 25.86.060. The criteria are as follows: 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. The proposal is consistent with the Comprehensive Plan Land Use Map and several Plan policies and goals. H-2-A suggests the City permit a full range of residential environments. Housing Policy (H-B-A) encourages standards that control the scale and density of accessory buildings and homes to maintain compatibility with other residential uses. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. The immediate area is shown in the Comprehensive Plan for Low Density and Mixed Residential zoning which permits the R-3 (Medium Density Residential) zoning district. The proposed rezone is consistent with the referenced plans and will not be detrimental to future nearby developments that will need to conform to the provision of the plans. 3. There is merit and value in the proposal for the community as a whole. There is merit in developing parcels within the City in accordance with the goals and policies contained in the Comprehensive Plan. The proposed zoning is consistent with the Plan’s Land Use Map. Providing an increased range of housing opportunities available in those areas currently served by municipal utilities and public transportation benefits the community as a whole and will enable efficient use of capital resources. The proposal is supported by land use goals and policies contained in the Comprehensive Plan. Page 41 of 166 5 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. The Pasco Municipal Code includes design standards for residential and commercial development. If or when the applicant pursues the development of this property, he will be required to conform to design standards established by the PMC. No special conditions are proposed. 5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A Concomitant Agreement is not considered necessary for this application. RECOMMENDATION MOTION: I move to close the hearing on the proposed rezone and set January 17, 2019 as the date for deliberations and the development of a recommendation for the City Council. Page 42 of 166 Page 43 of 166 Page 44 of 166 Page 45 of 166 Page 46 of 166 Page 47 of 166 Page 48 of 166 Page 49 of 166 Page 50 of 166 REPORT TO PLANNING COMMISSION PLANNING COMMISSION MEETING City Hall – 525 North Third Avenue – Council Chambers DATE: THURSDAY, JANUARY 17, 2019 7:00 PM 1 MASTER FILE #: Z 2018-008 APPLICANT: Knutzen Engineering 5453 Ridgeline Dr. Ste 120 Kennewick, WA 99338 REQUEST: REZONE: Rezone five parcels from R-2 (Medium Density Residential) to R-3 (Medium Density Residential) for Cedar Flats subdivision BACKGROUND 1. PROPERTY DESCRIPTION: Legal: A Portion of Township 9 N, Range 30 E, Section 28 General Location: The 600 block of S Cedar Avenue Property Size: 14.47 acres 2. ACCESS: The property has access from S Cedar Ave and the proposed extension of E Helena St 3. UTILITIES: Municipal water and sewer service are located in S Cedar Ave and E Helena St 4. LAND USE AND ZONING: The site is zoned R-2 (Medium-Density Residential). Surrounding properties are zoned and developed as follows: NORTH: R-2 Vacant EAST: R-1A SFDUs SOUTH: R-1A SFDUs WEST: R-1 SFDUs/Vacant 5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for mixed residential development. According to the Comprehensive Plan, mixed residential development means 5 to 20 dwelling units per acre. The criteria for allocation under the future land use section of Volume II of the Comprehensive Plan (Vol. II, page 17) encourages development of lands designated for mixed residential uses when or where sewer is available, when the location is suitable for home sites, and when there is a market demand for new home sites. Policy H-1-E Page 51 of 166 2 encourages the advancement of home ownership and Goal H-2 suggests the City strive to maintain a variety of housing options for residents of the community. Goal LU-2 encourages the maintenance of established neighborhoods and the creation of new neighborhoods that are safe and enjoyable places to live. 6. ENVIRONMENTAL DETERMINATION: Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, testimony at the public hearing and other information, a Mitigated Determination of Non-Significance (MDNS) has been issued for this project (WAC 197-11-355). ANALYSIS The project site includes five contiguous parcels on which four existing houses and various accessory structures are located. The site was annexed into the City in 1994 and zoned R-2 (Medium Density Residential). However, the underlying Comprehensive Plan zoning designation of Mixed Residential allows for zoning districts RS-20, RS-12, RS-1, and R-1 through R-3. The applicant is seeking to rezone the property to R-3 in order to subsequently subdivide the five parcels into 109 multi-family duplex lots for zero lot line construction (Cedar Flats). Of the allowable zones under the Mixed Residential designation, the R-3 zone allows for the highest residential density at a rate of one dwelling unit for every 3,000 ft² of land area or 14.5 units per acre. Per the R-3 zoning provisions and zero lot line construction, each lot must be at least 3,000 square feet in size. This density equates to approximately 14.5 dwelling units per acre, which conforms to the Comprehensive Plan’s suggested density of 5 to 20 dwelling units per acre for the Mixed Residential designation. The rezone site is 14.47 acres in area; barring the required right-of-way dedications, R-3 zoning will allow up to 210 multi-family lots on a site this size. The proposed Cedar Flats preliminary plat submitted by the developer to be considered concurrently with this rezone application indicates 109 multi-family lots to be created contingent upon the approval of the rezone. During the time of development, the City requires full improvement of right-of-way including curb, gutter, and sidewalk. The proposal is in compliance with the Comprehensive Plan’s Land Use and Zoning maps. The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria are listed below as follows: 1. The date the existing zone became effective: The rezone site was zoned R-2 in 1994 when it was annexed into the City. 2. The changed conditions which are alleged to warrant other or additional zoning: The property is considered “infill” property as development has occurred around it. Due to Pasco’s rapid population increase, developing the remaining infill properties around the City has become crucial to accommodate future growth. By rezoning the property to R-3 which permits the creation of lots at a greater density than R-2, the applicant may then develop the property with more dwelling units to serve the population. 3. Facts to justify the change on the basis of advancing the public health, safety and general welfare: Page 52 of 166 3 The proposed zoning request is consistent with the Comprehensive Plan which has been determined to be in the best interest of advancing public health, safety and general welfare of the community. The rezone will lead to the creation of a multi-family subdivision providing housing and job opportunities for Pasco residents. 4. The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: A change in zoning classification may ultimately result in the establishment of a multi-family residential subdivision consistent with the Comprehensive Plan. The applicant’s end goal is to establish a medium density infill development; however, the vicinity is predominantly low- density single-family development. Even so, it is anticipated that the proposed use will either have no impact or positive impact on current and future residential development in the area. 5. The effect on the property owner or owners if the request is not granted: The property owner may choose to develop the property under the current R-2 zoning designation. 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 consists of five contiguous parcels and is zoned R-2 (Medium Density Residential). 2. The site was annexed in 1994. 3. The site is approximately 14.47 acres. 4. The Comprehensive Plan identifies the site for Mixed Residential zoning which includes zones RS-20, RS-12, RS-1, and R-1 through R-3. 5. The applicant is seeking a rezone to R-3 in order to subdivide the parcels into 109 multi-family duplex lots for zero lot line construction. 6. The lot density of the proposed subdivision is contingent upon the approval of this rezone. 7. R-3 zoning permits a density at a rate of one dwelling unit for every 3,000 square feet of land area or 14.5 units per acre. 8. The Comprehensive Plan indicates that property designated as Mixed Residential should be developed with 5 to 20 dwelling units per acre. 9. Barring required right-of-way dedications, a property of this size may be divided into as many as 210 lots. 10. Development of the property under its current R-2 zoning designation would require a density of one dwelling unit per each 5,000 square feet. 11. The proposal is in compliance with the Comprehensive Plan’s land use and zoning maps. Page 53 of 166 4 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 PMC 25.86.060. The criteria are as follows: 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. a. The proposal is consistent with the Comprehensive Plan Land Use Map and several Plan policies and goals. H-2-A suggests the City permit a full range of residential environments. Housing Policy (H-B-A) encourages standards that control the scale and density of accessory buildings and homes to maintain compatibility with other residential uses. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. a. The immediate area is shown in the Comprehensive Plan for Low Density and Mixed Residential zoning which permits the R-3 (Medium Density Residential) zoning district. The proposed rezone is consistent with the referenced plans and will not be detrimental to future nearby developments that will need to conform to the provision of the plans. 3. There is merit and value in the proposal for the community as a whole. a. There is merit in developing parcels within the City in accordance with the goals and policies contained in the Comprehensive Plan. The proposed zoning is consistent with the Plan’s Land Use Map. Providing an increased range of housing opportunities available in those areas currently served by municipal utilities and public transportation benefits the community as a whole and will enable efficient use of capital resources. The proposal is supported by land use goals and policies contained in the Comprehensive Plan. 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. a. The Pasco Municipal Code includes design standards for residential and commercial development. If or when the applicant pursues the development of this property, he will be required to conform to design standards established by the PMC. No special conditions are proposed. 5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. a. A Concomitant Agreement is not considered necessary for this application. RECOMMENDATION MOTION: I move to adopt Findings of Fact and Conclusions therefrom as contained in the January 17, 2019 staff report. MOTION: I move based on the Findings of Fact and Conclusions, as adopted, the Planning Commission recommend the City Council rezone five parcels in the 600 block of South Cedar Avenue from R-2 to R-3. Page 54 of 166 Page 55 of 166 Page 56 of 166 Page 57 of 166 Page 58 of 166 Page 59 of 166 Page 60 of 166 Page 61 of 166 Page 62 of 166 MINUTES PLANNING COMMISSION MEETING City Hall – 525 North Third Avenue – Council Chambers THURSDAY, DECEMBER 20, 2018 7:00 PM Planning Commission Meeting Page 1 December 20, 2018 PUBLIC HEARINGS: A. Rezone Rezone from R-2 (Medium Density Residential) to R-3 (Medium Density Residential) (Knutzen Engineering) (MF# Z 2018-008) Chairperson Myhrum read the master file number and asked for comments from staff. Darcy Bourcier, Planner I, discussed the rezone application from R-2 (Medium Density Residential) to R-3 (Medium Density Residential). The rezone is related to a preliminary plat application that the applicant is completing simultaneously with the rezone. With the existing R-2 zoning standards, the site can be developed with 1 single-family dwelling unit per 6,000 square feet of land area or 1 multi-family dwelling unit per 5,000 square feet of land area. The applicant wishes to rezone to R-3 which would allow 1 multi-family dwelling unit per 3,000 square feet of land area. This density equates to 14.5 dwelling units per acre and would conform to the Comprehensive Plan. Commissioner Bowers asked about the impact of multi-family dwelling units next to single-family dwelling units in terms of property values. Ms. Bourcier responded that the applicant would be proposing zero lot line homes, which would be very similar to single-family homes and individuals would own their units. Rick White, Community & Economic Development Director, added that much of the design and layout of the plat would be discussed during the hearing for the preliminary plat and he briefly discussed the plat application. In essence, they will be single-family homes with a shared lot line. Commissioner Bowers asked if they would be similar to townhomes. Mr. White said yes. Paul Knutzen, 5453 Ridgeline Drive, Kennewick, WA spoke on behalf of his rezone application. He stated that they will not be developing to the maximum density but that the R-3 zoning would allow them some more flexibility and to allow for slightly more density. With no further questions or comments the public hearing was closed. Commissioner Bowers moved, seconded by Commissioner Greenaway, to close the hearing on the proposed rezone and set January 17, 2019 as the date for deliberations and the development of a recommendation for the City Council. The motion passed unanimously. Page 63 of 166 MINUTES PLANNING COMMISSION MEETING City Hall – 525 North Third Avenue – Council Chambers THURSDAY, JANUARY 17, 2019 7:00 PM Planning Commission Meeting Page 1 January 17, 2019 OLD BUSINESS: A. Rezone Rezone from R-2 (Medium Density Residential) to R-3 (Medium Density Residential) (Knutzen Engineering) (MF# Z 2018-008) Chairperson Roach read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the rezone application from R-2 to R- 3. There were no additional comments to add since the previous meeting. Commissioner Bowers moved, seconded by Commissioner Myhrum, to adopt the findings of fact and conclusions therefrom as contained in the January 17, 2019 staff report. The motion passed unanimously. Commissioner Bowers moved, seconded by Commissioner Myhrum, based on the findings of fact and conclusions as adopted, the Planning Commission recommend the city Council rezone five parcels in the 600 block of South Cedar Avenue from R-2 to R-3. The motion passed unanimously. Page 64 of 166 AGENDA REPORT FOR: City Council January 28, 2019 TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development Regular Meeting: 2/4/19 FROM: Darcy Bourcier, Planner I Community & Economic Development SUBJECT: Preliminary Plat: Cedar Flats (MF# PP 2018-009) I. REFERENCE(S): Proposed Resolution Overview Map Vicinity Map Preliminary Plat Reports to Planning Commission Dated 12/20/2018 and 1/17/2019 Planning Commission Minutes Dated: 12/20/2018 and 1/17/2019 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No.______, approving the Preliminary Plat for Cedar Flats. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On December 20, 2018 the Planning Commission conducted a public hearing to develop a recommendation for the City Council on the Cedar Flats preliminary plat. The proposed site consists of five parcels and is located in the 600 block of South Cedar Avenue. Following the hearing, the Planning Commission determined that with conditions, the preliminary plat should be recommended for approval. The recommended conditions are contained in the attached Resolution. Page 65 of 166 No written appeal of the Planning Commission’s recommendation has been received. The proposed plat contains approximately 14.47 acres with 106 multi-family lots for zero lot line construction and 3 single-family homes. V. DISCUSSION: The final dwelling unit density and lot layout will be contingent upon the approval of the proposed rezone of the site from R-2 to R-3. The applicant submitted both proposals (the aforementioned rezone and plat) simultaneously for review. The purpose of the rezone is to increase the dwelling density at which the applicant may develop the subject site. However, should the rezone be denied by Council, the applicant will be required to alter the lot layout according to R-2 zoning density standards and resubmit. A traffic impact analysis (TIA) will be required prior to development of any portion of this preliminary plat. The scope of this TIA must be submitted and approved by the City of Pasco. Page 66 of 166 RESOLUTION NO.______ A RESOLUTION APPROVING A PRELIMINARY PLAT FOR CEDAR FLATS. WHEREAS, RCW 58.17 enables the City to uniformly administer the process of subdividing property for the overall welfare of the community; and, WHEREAS, owners and developers of property situated in the 600 block of South Cedar Avenue in Section 28, Township 9 North, Range 30 East, WM., have requested approval of a preliminary plat; and, WHEREAS, the Planning Commission held a public hearing on the proposed Cedar Flats plat and developed findings related thereto and said findings are hereby adopted by the City Council; and, WHEREAS, following a public hearing, the Planning Commission found the proposed plat promoted the general welfare of the community and recommended said preliminary plat be approved with conditions; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That the preliminary plat for Cedar Flats located in the 600 block of South Cedar Avenue in Section 28, Township 9 North, Range 30 East, WM., is hereby approved with the following conditions: 1. No utility vaults, pedestals, or other obstructions will be allowed at street intersections. 2. All corner lots and other lots that present difficulties for the placement of yard fencing shall be identified in the notes on the face of the final plat(s). 3. The final plat(s) shall contain a 10-foot utility easement parallel to all streets unless otherwise required by the Franklin County PUD. 4. The final plat(s) shall contain the following Franklin County Public Utility District statement: “The individual or company making improvements on a lot or lots of this Plat is responsible for providing and installing all trench, conduit, primary vaults, secondary junction boxes, and backfill for the PUD’s primary and secondary distribution system in accordance with PUD specifications; said individual or company will make full advance payment of line extension fees and will provide all necessary utility easements prior to PUD construction and/or connection of any electrical service to or within the plat.” 5. The face of the plat shall include this statement: “As a condition of approval of this preliminary plat the owner has waived the right to protest the formation of a Local Improvement District for sewer/water/road/sidewalk improvements to the full extent as permitted by RCW 35.43.182.” 6. Any existing water rights shall be transferred to the City as a condition of approval. If no water rights are available then the property owner shall pay to the City, in lieu thereof, a water rights acquisition fee as established in the City Fee Summary Ordinance located in PMC 3.07. PMC 26.04.115. 7. A traffic impact analysis (TIA) will be required prior to development of any portion of this preliminary plat. The scope of this TIA must be submitted and approved by the City of Pasco. Page 67 of 166 8. The approval of this preliminary plat is contingent upon the approval of the rezone proposal submitted concurrently by the applicant. Passed by the City Council of the City of Pasco this ______ day of February, 2019. __________________________ Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: _________________________ _____________________________ Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 68 of 166 Page 69 of 166 Page 70 of 166 \.1\Lrw?!.I__,r9{E1M:-Ev,hKV._Tl‘-5,1,q,‘._‘M$3!I‘._L.l.-z91ér._f[51—:~'-...---’~‘-w....§:-:g‘~'*.~"‘£4"_-3:”.'" j‘Page 71 of 166 1 REPORT TO PLANNING COMMISSION MASTER FILE NO: PP 2018-009 HEARING DATE: 12/20/2018 ACTION DATE: 1/17/2019 APPLICANT: Knutzen Engineering 5453 Ridgeline Dr. Ste 120 Kennewick, WA 99338 BACKGROUND REQUEST: Preliminary Plat: Cedar Flats (109-Lot Multi-Family Subdivision for Zero Lot Line Construction) 1. PROPERTY DESCRIPTION: Legal: A Portion of Township 9 N, Range 30 E, Section 28 General Location: The 600 block of S Cedar Avenue Property Size: 14.47 acres Number of Lots Proposed: 106 multi-family duplexes and 3 single-family homes (109 dwellings total) Square Footage Range of Lots: 3,212 ft² to 18,160 ft² Average Lot Square Footage: 4,436 ft² 2. ACCESS: The property has access from S Cedar Ave and the proposed extension of E Helena St 3. UTILITIES: Municipal water and sewer service are located in S Cedar Ave and E Helena St 4. LAND USE AND ZONING: The site is zoned R-2 (Medium-Density Residential). Surrounding properties are zoned and developed as follows: NORTH: R-2 – Vacant SOUTH: R-1A – SFDUs EAST: R-1A – SFDUs WEST R-1 – SFDUs/Vacant 5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for mixed residential development. According to the Comprehensive Plan, mixed residential development means 5 to 20 dwelling units per acre. The criteria for allocation under the future land use section of Volume II of the Comprehensive Plan (Vol. II, page 17) encourages development of lands designated for mixed residential uses when or where sewer is available, when the location is suitable for home sites, and when there is a market demand for new home sites. Policy H-1- E encourages the advancement of home ownership and Goal H-2 suggests the City strive to maintain a variety of housing options for residents of the community. Goal LU-2 encourages the maintenance of established Page 72 of 166 2 neighborhoods and the creation of new neighborhoods that are safe and enjoyable places to live. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. An environmental determination will be made after the public hearing for this project. A Determination of Non-Significance or Mitigated Determination of Non-Significance is likely for this application (WAC 197-11-355). ANALYSIS The project site includes five contiguous parcels on which four existing houses and various accessory structures are located. The site was annexed into the City in 1994 and zoned R-2 (Medium Density Residential). The applicant intends to concurrently rezone the project site from R-2 to R-3—increasing the housing density as a result—and develop the site with zero lot line multi-family duplexes in phases. Of the allowable zones under the Mixed Residential designation, the R-3 zone allows for the highest residential density at a rate of one dwelling unit for every 3,000 ft² of land area or 14.5 units per acre. In this case, the applicant proposes 109 lots on 14.47 acres which calculates out to 7.5 units per acre. The proposed plat is a multi-family plat designed to promote home ownership on lots with R-3 densities. This proposal is identical to the process that was used for the development of the Island Estates Row Homes in the Island Estates subdivision (Phase 8), Mediterranean Villas and Columbia Villas Phases 1, 2 and 3. Each of these subdivisions was zoned for multi-family development and platted into individual lots. The lot lines within these subdivisions became the common boundary line separating the multi-family dwelling units built therein. This enables the dwelling unit to be solid individually addressing one of the Comprehensive Plan goals dealing with affordable housing. The final dwelling unit density and lot layout will be contingent upon the approval of the proposed rezone to R-3. Should the rezone be denied, the applicant will be required to alter the lot layout according to R-2 zoning density standards and resubmit. The site borders one existing roadway—S Cedar Avenue—and will border the extension of E Helena St when it is constructed with phases 1 and 2. Much of the frontage along the site has not yet been improved with curb, gutter, sidewalk, etc. Construction of these improvements will be required as a part of the subdivision improvements and/or building permit approvals. Three of the four existing houses on the site will remain on scaled-down lots to be integrated with the rest of the development. All other structures will be demolished. Page 73 of 166 3 The proposed plat will provide additional lots within the Urban Growth Area (UGA) for single-family homes consistent with the Comprehensive Plan. The proposed plat can be considered an infill development on property that has been vacant since it was platted in 1888. LOT LAYOUT: The proposed plat contains 109 residential lots. The lots vary in size from 3,212 square feet to 18,160 square feet. The average lot size is 4,436 square feet. The proposal is consistent with the density requirements of the proposed R-3 zoning; however, the lot density must be altered if the current R-2 zoning district prevails. RIGHTS-OF-WAY: All lots have frontage on streets which will be dedicated. East Helena Street will be extended through the plat and the proposed east/west street labeled “Noelia Street” on the face of the plat will provide the development with additional ingress/egress. UTILITIES: Municipal water and sewer line are located in surrounding streets and will be extended to and through the plat to serve the new lots. A utility easement will be needed along the first 10 feet of street frontage of all lots. The final location and width of the easements will be determined during the engineering design phase. The front yard setbacks for construction purposes are larger than the requested easements; therefore the front yard easements will not diminish the buildable area of the lots. The City Engineer will determine the specific placement of fire hydrants and streetlights when construction plans are submitted. As a general rule, fire hydrants are located at street intersections and with a maximum interval of 500 feet between hydrants on alternating sides of the street. Streetlights are located at street intersections, with a maximum interval of less than 300 feet on residential streets, and with a maximum interval of 150 feet on arterial streets. The intervals for street light placements are measure along the centerline of the road. Street lights are placed on alternating sides of the street. STREET NAMES: The proposed street names have been shown on the face of the plat but are subject to change if necessary. IRRIGATION: The re is no irrigation service in this neighborhood. WATER RIGHTS: The assignment of water rights is a requirement for subdivision approval per Pasco Municipal Code Section 26.04.115(B) and Section 3.07.160. If no water rights are available to transfer to the City the property owner/developer must pay a water right fee in lieu thereof. Page 74 of 166 4 FINDINGS OF FACT State law (RCW 58.17.010) and the Pasco Municipal Code require the Planning Commission to develop Findings of Fact as to how this proposed subdivision will protect and enhance the health, safety and general welfare of the community. The following is a listing of proposed "Findings of Fact:" Prevent Overcrowding: Density, setback and parking requirements of the residential zoning districts are designed to address overcrowding concerns. The Comprehensive Plan suggests the property in question could be developed with 5 to 20 dwelling units per acre. The proposed plat has a density of approximately 7.5 units per acre. No more than 60 percent of each lot is permitted to be covered with structures per the proposed R-3 standards. Parks Opens Space/Schools: Park impact fees will be collected at the time of permitting to be used for park development including development of a large community park. Virgie Robinson Elementary School is located approximately half a mile northwest of the project site. The City is required by RCW 58.17.110 to make a finding that adequate provisions are being made to ameliorate the impacts of the proposed subdivision on the School District. At the request of the School District the City enacted a school impact fee in 2012. The imposition of this impact fee addresses the requirement to ensure there are adequate provisions for schools. A school impact fee in the amount of $4,700 per single-family unit and $4,525 per multi-family unit will be charged for each dwelling unit at the time of building permit issuance. Effective Land Use/Orderly Development: The plat is laid out for multi-family development as identified in the Comprehensive Plan. The maximum density permitted under the Comprehensive Plan is 20 dwelling units per acre. The developer is proposing a density of 7.5 units per acre. Safe Travel & Walking Conditions: The plat will connect to the community through the existing network of streets. Sidewalks are required in the R-3 zone and will be installed at the time homes are built on individual lots. The sidewalks will be constructed to current City standards and to the standards of the American’s with Disabilities Act (ADA). The ADA ramps at the corners of all intersection will be installed with the construction of the road improvements. Adequate Provision of Municipal Services: All lots within the plat will be provided with water, sewer and other utilities. Provision of Housing for State Residents: This plat contains 109 residential building lots, providing an opportunity for the construction of 106 new dwelling units in Pasco. Page 75 of 166 5 Adequate Air and Light: The maximum lot coverage limitations, building height restrictions and building setbacks will assure that adequate movement of air and light is available to each lot. Proper Access & Travel: The streets through and adjoining the plat have been or will be paved and developed to City standards to assure proper access is maintained to each lot. Connections to the community will be provided by S Cedar Avenue and E Helena Street. The Preliminary Plat was submitted to the Transit Authority for review. (The discussion under “Safe Travel” above applies to this section also.) Comprehensive Plan Policies & Maps: The Comprehensive Plan designates the plat site for mixed-residential development. Policies of the Comprehensive Plan encourage the advancement of home ownership and suggest the City strive to maintain a variety of housing for residents. Other Findings: • The site is within the Pasco Urban Growth Boundary. • The State Growth Management Act requires urban growth and urban densities to occur within the Urban Growth Boundaries. • The site is relatively flat with a gentle slope from the northeast to the southwest. • The site is not considered a critical area, a mineral resource area or a wetland. • The Comprehensive Plan identifies the site for Mixed-Residential development. • Mixed-Residential development is described in the Comprehensive Plan as 5 to 20 dwelling units per acre. • The site is zoned R-2 (Medium Density Residential). • The developer has concurrently applied to rezone the site to R-3 (Medium- Density Residential). • The plat’s current lot density and layout is contingent upon the approval of aforementioned rezone. • The developer is proposing 7.5 dwelling units per acre with zero lot line construction. • The site falls within the landfill plume area. • The Housing Element of the Comprehensive Plan encourages the advancement of programs that promote home ownership and development of a variety of residential densities and housing types. Page 76 of 166 6 • The Transportation Element of the Comprehensive Plan encourages the interconnection of neighborhood streets to provide for the disbursement of traffic. • The interconnection of neighborhood streets is necessary for utility connections (looping) and the provision of emergency services. • Per the ITE Trip Generation Manual 9th Edition the proposed subdivision, when fully developed, will generate approximately 633 vehicle trips per day. • The current traffic impact fee is $709 per dwelling unit. The impact fees are collected at the time permits are issued and said fees are used to make traffic improvements and add traffic signals in the I-182 Corridor when warranted. However, traffic impact fees apply only to new dwellings located west of 20th Avenue; therefore, traffic impact fees will not apply for this development. • The current park impact fee is $1,466 per dwelling unit. The fee can be reduced by 58 percent if a developer dedicates a five acre park site to the City. The dedication of a fully constructed park reduces the fee by 93 percent. • RCW 58.17.110 requires the City to make a finding that adequate provisions have been made for schools before any preliminary plat is approved. • The City of Pasco has adopted a school impact fee ordinance compelling new housing developments to provide the School District with mitigation fees. The fee was effective April 16, 2012. • Past correspondence from the Pasco School District indicates impact fees address the requirement to ensure adequate provisions are made for schools. • The plat is required to be development following all municipal codes relating to infrastructure improvements. • Plat improvements within the City of Pasco are required to comply with the 2015 Standard Drawings and Specification as approved by the City Engineer. These improvements include but are not limited to water, sewer and irrigation lines, streets, street lights and storm water retention. The handicapped-accessible pedestrian ramps are completed with the street and curb improvements prior to final plat approval. Sidewalks are installed at the time permits are issued for new houses, except sidewalks along major streets, which are installed with the street improvements. • Water lines and fire hydrants are required to be looped. An easement between two lots may be required to accomplish the looping. • Per PMC 12.36.050 the developer must extend all utilities to and through the subject parcel(s). Page 77 of 166 7 • All engineering designs for infrastructure and final plat(s) drawings are required to utilize the published City of Pasco Vertical Control Datum. • All storm water generated from a developed plat is required to be disposed of per City and State codes and requirements. Prior to the City of Pasco accepting construction plans for review the developer is required to enter into a Storm Water Maintenance Agreement with the City. The developer is responsible for obtaining the signatures of all parties required on the agreement and to have the agreement recorded with the Franklin County Auditor. The original signed and recorded copy of the agreement is presented to the City of Pasco at the intake meeting for construction plans. • Storm water runoff and infiltration calculations must comply with the Storm Water Management Manual for Easter Washington, they must be provided for review and approval. Storm water calculations must be prepared, stamped, signed and dated by a currently licensed Professional Engineer registered in the State of Washington. • The assignment of water rights is a requirement for subdivision approval per Pasco Municipal Code Section 26.04.115(B) and Section 3.07.160. • The developer is responsible for all costs associated with construction, inspection, and plan review service expenses incurred by the City Engineering Office. • The City has nuisance regulations (PMC 9.60) that require property owners (including developers) to maintain their properties in a manner that does not injure, annoy, or endanger the comfort and repose of other property owners. This includes controlling dust, weeds and litter during times of construction for both subdivisions and buildings including houses. • Prior to acceptance of final plats developers are required to prepare and submit record drawings. All record drawings shall be created in accordance with the requirements detailed in the Record Drawing Requirements and Procedure form provided by the Engineering Division. This form must be signed by the developer prior to construction plan approval. • The final plat will contain 10-foot utility easements parallel to all streets. Additional easement will be provided as needed by utility providers. CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of the proposed plat the Planning Commission must develop findings of fact from which to draw its conclusion (P.M.C. 26.24.070) therefrom as to whether or not: (1) Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, transit Page 78 of 166 8 stops, schools and school grounds, sidewalks for safe walking conditions for students and other public needs; The proposed plat will be required to develop under the standards of the Pasco Municipal Code and the standard specifications of the City Engineering Division. These standards for streets, sidewalks, and other infrastructure improvements were designed to ensure that the public health, safety, and general welfare of the community are secured. These standards include provisions for streets, drainage, water and sewer service, and the provision for dedication of right-of- way. The preliminary plat was forwarded to the PUD, the Pasco School District, Cascade Gas, Charter Cable, Franklin County Irrigation District and Ben- Franklin Transit Authority for review and comment. Based on the School Districts Capital Facilities Plan the City collects school mitigation fees for each new dwelling unit. The fee is paid at the time of building permit issuance. The school impact fee addresses the requirements of RCW 58.17.110. All new developments participate in establishing parks through the payment of park fees at the time of permitting. (2) The proposed subdivision contributes to the orderly development and land use patterns in the area; The proposed plat is an infill development and is designed to make the most efficient use of vacant parcels of land. (3) The proposed subdivision conforms to the policies, maps and narrative text of the Comprehensive Plan; The Comprehensive Plan land use map designates the site for Mixed Residential development. Mixed Residential development is described as 5 to 20 dwelling units per acre in the text of the Comprehensive Plan. The Housing Element of the Plan encourages the promotion of a variety of residential densities and suggests the community should support the advancement of programs encouraging home ownership. The Plan also encourages the interconnection of local streets for inter-neighborhood travel for public safety as well as providing for traffic disbursement. (4) The proposed subdivision conforms to the general purposes of any applicable policies or plans which have been adopted by the City Council; Development plans and policies have been adopted by the City Council in the form of the Comprehensive Plan. The proposed subdivision conforms to the policies, maps and narrative text of the Plan as noted in number three above. Page 79 of 166 9 (5) The proposed subdivision conforms to the general purposes of the subdivision regulations. The general purposes of the subdivision regulations have been enumerated and discussed in the staff analysis and Findings of Fact. The Findings of Fact indicate the subdivision is in conformance with the general purposes of the subdivision regulations provided certain mitigation measures (i.e., school impact fees are paid). (6) The public use and interest will be served by approval of the proposed subdivision. The proposed plat, if approved, will be developed in accordance with all City standards designed to ensure the health, safety and general welfare of the community are met. The Comprehensive Plan will be implemented through development of this plat. These factors will ensure the public use and interest are served. TENTATIVE PLAT APPROVAL CONDITIONS 1. No utility vaults, pedestals, or other obstructions will be allowed at street intersections. 2. All corner lots and other lots that present difficulties for the placement of yard fencing shall be identified in the notes on the face of the final plat(s). 3. The final plat(s) shall contain a 10-foot utility easement parallel to all streets unless otherwise required by the Franklin County PUD. 4. The final plat(s) shall contain the following Franklin County Public Utility District statement: “The individual or company making improvements on a lot or lots of this Plat is responsible for providing and installing all trench, conduit, primary vaults, secondary junction boxes, and backfill for the PUD’s primary and secondary distribution system in accordance with PUD specifications; said individual or company will make full advance payment of line extension fees and will provide all necessary utility easements prior to PUD construction and/or connection of any electrical service to or within the plat.” 5. The face of the plat shall include this statement: “As a condition of approval of this preliminary plat the owner has waived the right to protest the formation of a Local Improvement District for sewer/water/road/sidewalk improvements to the full extent as permitted by RCW 35.43.182.” 6. Any existing water rights shall be transferred to the City as a condition of approval. If no water rights are available then the property owner shall pay to the City, in lieu thereof, a water rights acquisition fee as established in the City Fee Summary Ordinance located in PMC 3.07. PMC 26.04.115. Page 80 of 166 10 7. A traffic impact analysis (TIA) will be required prior to development of any portion of this preliminary plat. The scope of this TIA must be submitted and approved by the City of Pasco. RECOMMENDATION MOTION: I move to close the hearing on the proposed preliminary plat and set January 17, 2019 as the date for deliberations and the development of a recommendation for the City Council. Page 81 of 166 Page 82 of 166 Page 83 of 166 Page 84 of 166 Page 85 of 166 Page 86 of 166 Page 87 of 166 Page 88 of 166 Page 89 of 166 Page 90 of 166 REPORT TO PLANNING COMMISSION PLANNING COMMISSION MEETING City Hall – 525 North Third Avenue – Council Chambers DATE: THURSDAY, JANUARY 17, 2019 7:00 PM 1 MASTER FILE #: PP 2018-009 APPLICANT: Knutzen Engineering 5453 Ridgeline Dr. Ste 120 Kennewick, WA 99338 REQUEST: PRELIMINARY PLAT: Cedar Flats (109-Lot Multi-Family Subdivision for Zero Lot Line Construction) BACKGROUND 1. PROPERTY DESCRIPTION: Legal: A Portion of Township 9 N, Range 30 E, Section 28 General Location: The 600 block of S Cedar Avenue Property Size: 14.47 acres Number of Lots Proposed: 106 multi-family duplexes and 3 single-family homes (109 dwellings total) Square Footage Range of Lots: 3,212 square feet to 18,160 square feet Average Lot Square Footage: 4,436 square feet 2. ACCESS: The property has access from S Cedar Ave and the proposed extension of E Helena St 3. UTILITIES: Municipal water and sewer service are located in S Cedar Ave and E Helena St 4. LAND USE AND ZONING: The site is zoned R-2 (Medium-Density Residential). Surrounding properties are zoned and developed as follows: NORTH: R-2 Vacant EAST: R-1A SFDUs SOUTH: R-1A SFDUs WEST: R-1 SFDUs/Vacant 5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for mixed residential development. According to the Comprehensive Plan, mixed residential development Page 91 of 166 2 means 5 to 20 dwelling units per acre. The criteria for allocation under the future land use section of Volume II of the Comprehensive Plan (Vol. II, page 17) encourages development of lands designated for mixed residential uses when or where sewer is available, when the location is suitable for home sites, and when there is a market demand for new home sites. Policy H-1-E encourages the advancement of home ownership and Goal H-2 suggests the City strive to maintain a variety of housing options for residents of the community. Goal LU-2 encourages the maintenance of established neighborhoods and the creation of new neighborhoods that are safe and enjoyable places to live. 6. ENVIRONMENTAL DETERMINATION: Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, testimony at the public hearing and other information, a Mitigated Determination of Non-Significance (MDNS) has been issued for this project (WAC 197-11-355). ANALYSIS The project site includes five contiguous parcels on which four existing houses and various accessory structures are located. The site was annexed into the City in 1994 and zoned R-2 (Medium Density Residential). The applicant intends to concurrently rezone the project site from R-2 to R-3—increasing the housing density as a result—and develop the site with zero lot line multi-family duplexes in phases. Of the allowable zones under the Mixed Residential designation, the R-3 zone allows for the highest residential density at a rate of one dwelling unit for every 3,000 ft² of land area or 14.5 units per acre. In this case, the applicant proposes 109 lots on 14.47 acres which calculates out to 7.5 units per acre. The proposed plat is a multi-family plat designed to promote home ownership on lots with R-3 densities. This proposal is identical to the process that was used for the development of the Island Estates Row Homes in the Island Estates subdivision (Phase 8), Mediterranean Villas and Columbia Villas Phases 1, 2 and 3. Each of these subdivisions was zoned for multi-family development and platted into individual lots. The lot lines within these subdivisions became the common boundary line separating the multi-family dwelling units built therein. This enables the dwelling unit to be solid individually addressing one of the Comprehensive Plan goals dealing with affordable housing. The final dwelling unit density and lot layout will be contingent upon the approval of the proposed rezone to R-3. Should the rezone be denied, the applicant will be required to alter the lot layout according to R- 2 zoning density standards and resubmit. The site borders one existing roadway—S Cedar Avenue—and will border the extension of E Helena St when it is constructed with phases 1 and 2. Much of the frontage along the site has not yet been improved with curb, gutter, sidewalk, etc. Construction of these improvements will be required as a part of the subdivision improvements and/or building permit approvals. Three of the four existing houses on the site will remain on scaled-down lots to be integrated with the rest of the development. All other structures will be demolished. The proposed plat will provide additional lots within the Urban Growth Area (UGA) for single-family homes consistent with the Comprehensive Plan. The proposed plat can be considered an infill development on property that has been vacant since it was platted in 1888. LOT LAYOUT: The proposed plat contains 109 residential lots. The lots vary in size from 3,212 square feet to 18,160 square feet. The average lot size is 4,436 square feet. The proposal is consistent with the density Page 92 of 166 3 requirements of the proposed R-3 zoning; however, the lot density must be altered if the current R-2 zoning district prevails. RIGHTS-OF-WAY: All lots have frontage on streets which will be dedicated. East Helena Street will be extended through the plat and the proposed east/west street labeled “Noelia Street” on the face of the plat will provide the development with additional ingress/egress. UTILITIES: Municipal water and sewer line are located in surrounding streets and will be extended to and through the plat to serve the new lots. A utility easement will be needed along the first 10 feet of street frontage of all lots. The final location and width of the easements will be determined during the engineering design phase. The front yard setbacks for construction purposes are larger than the requested easements; therefore, the front yard easements will not diminish the buildable area of the lots. The City Engineer will determine the specific placement of fire hydrants and streetlights when construction plans are submitted. As a general rule, fire hydrants are located at street intersections and with a maximum interval of 500 feet between hydrants on alternating sides of the street. Streetlights are located at street intersections, with a maximum interval of less than 300 feet on residential streets, and with a maximum interval of 150 feet on arterial streets. The intervals for street light placements are measure along the centerline of the road. Street lights are placed on alternating sides of the street. STREET NAMES: The proposed street names have been shown on the face of the plat but are subject to change if necessary. IRRIGATION: There is no irrigation service in this neighborhood. WATER RIGHTS: The assignment of water rights is a requirement for subdivision approval per Pasco Municipal Code Section 26.04.115(B) and Section 3.07.160. If no water rights are available to transfer to the City the property owner/developer must pay a water right fee in lieu thereof. INITIAL STAFF FINDINGS OF FACT State law (RCW 58.17.010) and the Pasco Municipal Code require the Planning Commission to develop Findings of Fact as to how this proposed subdivision will protect and enhance the health, safety and general welfare of the community. The following is a listing of proposed "Findings of Fact”: Prevent Overcrowding: Density, setback and parking requirements of the residential zoning districts are designed to address overcrowding concerns. The Comprehensive Plan suggests the property in question could be developed with 5 to 20 dwelling units per acre. The proposed plat has a density of approximately 7.5 units per acre. No more than 60 percent of each lot is permitted to be covered with structures per the proposed R-3 standards. Parks Opens Space/Schools: Park impact fees will be collected at the time of permitting to be used for park development including development of a large community park. Virgie Robinson Elementary School is located approximately half a mile northwest of the project site. The City is required by RCW 58.17.110 to make a finding that adequate provisions are being made to ameliorate the impacts of the proposed subdivision on the School District. At the request of the School District the City enacted a school impact fee in 2012. The imposition of this impact fee addresses the requirement to ensure there are adequate provisions for schools. A school impact fee in the amount of $4,700 per single-family unit and $4,525 per multi-family unit will be charged for each dwelling unit at the time of building permit issuance. Page 93 of 166 4 Effective Land Use/Orderly Development: The plat is laid out for multi-family development as identified in the Comprehensive Plan. The maximum density permitted under the Comprehensive Plan is 20 dwelling units per acre. The developer is proposing a density of 7.5 units per acre. Safe Travel & Walking Conditions: The plat will connect to the community through the existing network of streets. Sidewalks are required in the R-3 zone and will be installed at the time homes are built on individual lots. The sidewalks will be constructed to current City standards and to the standards of the American’s with Disabilities Act (ADA). The ADA ramps at the corners of all intersection will be installed with the construction of the road improvements. Adequate Provision of Municipal Services: All lots within the plat will be provided with water, sewer and other utilities. Provision of Housing for State Residents: This plat contains 109 residential building lots, providing an opportunity for the construction of 106 new dwelling units in Pasco. Adequate Air and Light: The maximum lot coverage limitations, building height restrictions and building setbacks will assure that adequate movement of air and light is available to each lot. Proper Access & Travel: The streets through and adjoining the plat have been or will be paved and developed to City standards to assure proper access is maintained to each lot. Connections to the community will be provided by S Cedar Avenue and E Helena Street. The Preliminary Plat was submitted to the Transit Authority for review. (The discussion under “Safe Travel” above applies to this section also.) Comprehensive Plan Policies & Maps: The Comprehensive Plan designates the plat site for mixed- residential development. Policies of the Comprehensive Plan encourage the advancement of home ownership and suggest the City strive to maintain a variety of housing for residents. Other Findings: • The site is within the Pasco Urban Growth Boundary. • The State Growth Management Act requires urban growth and urban densities to occur within the Urban Growth Boundaries. • The site is relatively flat with a gentle slope from the northeast to the southwest. • The site is not considered a critical area, a mineral resource area or a wetland. • The Comprehensive Plan identifies the site for Mixed-Residential development. • Mixed-Residential development is described in the Comprehensive Plan as 5 to 20 dwelling units per acre. • The site is zoned R-2 (Medium Density Residential); however, the applicant has concurrently submitted a rezone request from R-2 to R-3 for the subject property, which will increase the allowed housing density of the property if approved. • The plat’s current lot density and layout is contingent upon the approval of aforementioned rezone. • The developer is proposing 7.5 dwelling units per acre with zero lot line construction. • The site falls within the landfill plume area. Page 94 of 166 5 • The Housing Element of the Comprehensive Plan encourages the advancement of programs that promote home ownership and development of a variety of residential densities and housing types. • The Transportation Element of the Comprehensive Plan encourages the interconnection of neighborhood streets to provide for the disbursement of traffic. • The interconnection of neighborhood streets is necessary for utility connections (looping) and the provision of emergency services. • Per the ITE Trip Generation Manual 9th Edition the proposed subdivision, when fully developed, will generate approximately 633 vehicle trips per day. • The current traffic impact fee is $709 per dwelling unit. The impact fees are collected at the time permits are issued and said fees are used to make traffic improvements and add traffic signals in the I-182 Corridor when warranted. However, traffic impact fees apply only to new dwellings located west of 20th Avenue; therefore, traffic impact fees will not apply for this development. • The current park impact fee is $1,466 per dwelling unit. The fee can be reduced by 58 percent if a developer dedicates a five acre park site to the City. The dedication of a fully constructed park reduces the fee by 93 percent. • RCW 58.17.110 requires the City to make a finding that adequate provisions have been made for schools before any preliminary plat is approved. • The City of Pasco has adopted a school impact fee ordinance compelling new housing developments to provide the School District with mitigation fees. The fee was effective April 16, 2012. • Past correspondence from the Pasco School District indicates impact fees address the requirement to ensure adequate provisions are made for schools. • The plat is required to be development following all municipal codes relating to infrastructure improvements. • Plat improvements within the City of Pasco are required to comply with the 2015 Standard Drawings and Specification as approved by the City Engineer. These improvements include but are not limited to water, sewer and irrigation lines, streets, street lights and storm water retention. The handicapped-accessible pedestrian ramps are completed with the street and curb improvements prior to final plat approval. Sidewalks are installed at the time permits are issued for new houses, except sidewalks along major streets, which are installed with the street improvements. • Water lines and fire hydrants are required to be looped. An easement between two lots may be required to accomplish the looping. • Per PMC 12.36.050 the developer must extend all utilities to and through the subject parcel(s). • All engineering designs for infrastructure and final plat(s) drawings are required to utilize the published City of Pasco Vertical Control Datum. • All storm water generated from a developed plat is required to be disposed of per City and State codes and requirements. Prior to the City of Pasco accepting construction plans for review the developer is required to enter into a Storm Water Maintenance Agreement with the City. The developer is responsible for obtaining the signatures of all parties required on the agreement and Page 95 of 166 6 to have the agreement recorded with the Franklin County Auditor. The original signed and recorded copy of the agreement is presented to the City of Pasco at the intake meeting for construction plans. • Storm water runoff and infiltration calculations must comply with the Storm Water Management Manual for Easter Washington, they must be provided for review and approval. Storm water calculations must be prepared, stamped, signed and dated by a currently licensed Professional Engineer registered in the State of Washington. • The assignment of water rights is a requirement for subdivision approval per Pasco Municipal Code Section 26.04.115(B) and Section 3.07.160. • The developer is responsible for all costs associated with construction, inspection, and plan review service expenses incurred by the City Engineering Office. • The City has nuisance regulations (PMC 9.60) that require property owners (including developers) to maintain their properties in a manner that does not injure, annoy, or endanger the comfort and repose of other property owners. This includes controlling dust, weeds and litter during times of construction for both subdivisions and buildings including houses. • Prior to acceptance of final plats developers are required to prepare and submit record drawings. All record drawings shall be created in accordance with the requirements detailed in the Record Drawing Requirements and Procedure form provided by the Engineering Division. This form must be signed by the developer prior to construction plan approval. • The final plat will contain 10-foot utility easements parallel to all streets. Additional easement will be provided as needed by utility providers. CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of the proposed plat the Planning Commission must develop findings of fact from which to draw its conclusion (P.M.C. 26.24.070) therefrom as to whether or not: 1. Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, transit stops, schools and school grounds, sidewalks for safe walking conditions for students and other public needs; a. The proposed plat will be required to develop under the standards of the Pasco Municipal Code and the standard specifications of the City Engineering Division. These standards for streets, sidewalks, and other infrastructure improvements were designed to ensure that the public health, safety, and general welfare of the community are secured. These standards include provisions for streets, drainage, water and sewer service, and the provision for dedication of right-of-way. The preliminary plat was forwarded to the PUD, the Pasco School District, Cascade Gas, Charter Cable, Franklin County Irrigation District and Ben-Franklin Transit Authority for review and comment. Based on the School Districts Capital Facilities Plan the City collects school mitigation fees for each new dwelling unit. The fee is paid at the time of building permit issuance. The school impact fee addresses the requirements of RCW 58.17.110. All new developments participate in establishing parks through the payment of park fees at the time of permitting. Page 96 of 166 7 2. The proposed subdivision contributes to the orderly development and land use patterns in the area; a. The proposed plat is an infill development and is designed to make the most efficient use of vacant parcels of land. 3. The proposed subdivision conforms to the policies, maps and narrative text of the Comprehensive Plan; a. The Comprehensive Plan land use map designates the site for Mixed Residential development. Mixed Residential development is described as 5 to 20 dwelling units per acre in the text of the Comprehensive Plan. The Housing Element of the Plan encourages the promotion of a variety of residential densities and suggests the community should support the advancement of programs encouraging home ownership. The Plan also encourages the interconnection of local streets for inter-neighborhood travel for public safety as well as providing for traffic disbursement. 4. The proposed subdivision conforms to the general purposes of any applicable policies or plans which have been adopted by the City Council; a. Development plans and policies have been adopted by the City Council in the form of the Comprehensive Plan. The proposed subdivision conforms to the policies, maps and narrative text of the Plan as noted in number three above. 5. The proposed subdivision conforms to the general purposes of the subdivision regulations; a. The general purposes of the subdivision regulations have been enumerated and discussed in the staff analysis and Findings of Fact. The Findings of Fact indicate the subdivision is in conformance with the general purposes of the subdivision regulations provided certain mitigation measures (i.e., school impact fees are paid). 6. The public use and interest will be served by approval of the proposed subdivision; a. The proposed plat, if approved, will be developed in accordance with all City standards designed to ensure the health, safety and general welfare of the community are met. The Comprehensive Plan will be implemented through development of this plat. These factors will ensure the public use and interest are served. TENTATIVE PLAT APPROVAL CONDITIONS 1. No utility vaults, pedestals, or other obstructions will be allowed at street intersections. 2. All corner lots and other lots that present difficulties for the placement of yard fencing shall be identified in the notes on the face of the final plat(s). 3. The final plat(s) shall contain a 10-foot utility easement parallel to all streets unless otherwise required by the Franklin County PUD. 4. The final plat(s) shall contain the following Franklin County Public Utility District statement: “The individual or company making improvements on a lot or lots of this Plat is responsible for providing and installing all trench, conduit, primary vaults, secondary junction boxes, and backfill for the PUD’s primary and secondary distribution system in accordance with PUD specifications; said individual or company will make full advance payment of line extension Page 97 of 166 8 fees and will provide all necessary utility easements prior to PUD construction and/or connection of any electrical service to or within the plat.” 5. The face of the plat shall include this statement: “As a condition of approval of this preliminary plat the owner has waived the right to protest the formation of a Local Improvement District for sewer/water/road/sidewalk improvements to the full extent as permitted by RCW 35.43.182.” 6. Any existing water rights shall be transferred to the City as a condition of approval. If no water rights are available then the property owner shall pay to the City, in lieu thereof, a water rights acquisition fee as established in the City Fee Summary Ordinance located in PMC 3.07. PMC 26.04.115. 7. A traffic impact analysis (TIA) will be required prior to development of any portion of this preliminary plat. The scope of this TIA must be submitted and approved by the City of Pasco. 8. The approval of this preliminary plat is contingent upon the approval of the rezone proposal submitted concurrently by the applicant. RECOMMENDATION MOTION: I move to adopt Findings of Fact and Conclusions therefrom as contained in the January 17, 2019 staff report. MOTION: I move based on the Findings of Fact and Conclusions, as adopted, the Planning Commission recommend the City Council approve the Preliminary Plat for Cedar Flats with conditions as listed in the January 17, 2019 staff report. Page 98 of 166 Page 99 of 166 Page 100 of 166 Page 101 of 166 Page 102 of 166 Page 103 of 166 Page 104 of 166 Page 105 of 166 Page 106 of 166 Page 107 of 166 MINUTES PLANNING COMMISSION MEETING City Hall – 525 North Third Avenue – Council Chambers THURSDAY, DECEMBER 20, 2018 7:00 PM Planning Commission Meeting Page 1 December 20, 2018 PUBLIC HEARINGS: B. Preliminary Plat Preliminary Plat, Cedar Flats, 109 Lots (Knutzen Engineering) (MF# PP 2018-009) Chairperson Myhrum read the master file number and asked for comments from staff. Darcy Bourcier, Planner I, discussed the preliminary plat application for Cedar Flats, 109 lots. The development would include zero lot line single-family homes. Many of these developments have been seen around Pasco. Commissioner Bowers asked where Island Estates was located. Ms. Bourcier said they were located west of Walmart in West Pasco. Fernando Lizarazo, 2004 S. Olympia Street, Kennewick, WA spoke on behalf of his preliminary plat application. They are envisioning 2-story units with 5/12 pitch. Paul Knutzen, 5453 Ridgeline Drive, Ste. 120, Kennewick, WA spoke on behalf of his preliminary plat application. He added that the homes would likely be between 25’-27’ in height. Commissioner Bowers asked about 3 single-family homes that were shown on the proposed plat and if they were already existing or if they were going to be new construction. Mr. Knutzen replied that they were already existing. With no further questions or comments the public hearing closed. Commissioner J. Campos moved, seconded by Commissioner Greenaway, to close the hearing on the proposed preliminary plat and set January 17, 2019 as the date for deliberations and the development of a recommendation for the City Council. The motion passed unanimously. Page 108 of 166 MINUTES PLANNING COMMISSION MEETING City Hall – 525 North Third Avenue – Council Chambers THURSDAY, JANUARY 17, 2019 7:00 PM Planning Commission Meeting Page 1 January 17, 2019 OLD BUSINESS: B. Preliminary Plat Preliminary Plat, Cedar Flats, 109 Lots (Knutzen Engineering) (MF# PP 2018-009) Chairperson Roach read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the preliminary plat application for Cedar Flats. There were no additional comments to add since the previous meeting. Chairperson Roach asked about vacated roads and alleyways. Mr. White said there were street and alley vacations several years ago when the Kurtzman LID’s were formed. The plat itself will be dedicating the new rights of ways and the new public streets will be as indicated in the proposed plat. Chairperson Roach asked for clarification on the land fill plume. Mr. White responded that it is the remnants of a super fund site. The chemicals deposited in the landfill have leaked and contaminated ground water so the plume is being remediated by the Department of Ecology. There will be further effort at that site in the next couple of years. The plume has the effect of not allowing down plume properties to be able to use groundwater. The City will be making water available and made city potable water available for those properties. Chairperson Roach asked if there will be an understanding to future property owners regarding the plume. Mr. White said no but there is a prohibition against any new wells, even for irrigation purposes. It is not a physical danger unless the water is consumed so all measures have been taken to prevent that. Commissioner J. Campos moved, seconded by Commissioner A. Campos, to adopt findings of fact and conclusions therefrom as contained in the January 17, 2019 staff report. The motion passed unanimously. Commissioner J. Campos moved, seconded by Commissioner A. Campos, based on the findings of fact and conclusions therefrom, the Planning Commission recommend the City Council approve the preliminary plat for Cedar Flats with conditions as listed in the January 17, 2019 staff report. The motion passed unanimously. Page 109 of 166 AGENDA REPORT FOR: City Council January 29, 2019 TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development Regular Meeting: 2/4/19 FROM: Jeff Adams, Associate Planner Community & Economic Development SUBJECT: Rezone: Four Parcels from C-1 and RT to C-3 (MF# Z2018-009) I. REFERENCE(S): Vicinity Map Proposed Ordinance Report to Planning Commission Dated: 01/17/2019 Planning Commission Minutes Dated: 12/20/2018 and 01/17/19 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. ______, rezoning four parcels from C -1 (Retail Cto Transition) (Residential RT and District) Business -(General 3 Commercial) with restrictions as contained in the Concomitant Agreement, and further, authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On December 20, 2018 and January 17, 2019. the Planning Commission conducted public hearings to consider a request to rezone parcels #113 884 138, 113 883 031, 113 883 040, and 113 883 022 from C-1 and RT to C-3. Following the conduct of a public hearing, the Planning Commission reasoned it would be appropriate to rezone the property to C-3 and is recommending approval of the requested rezone with restrictions as contained in the Concomitant Agreement. V. DISCUSSION: Page 110 of 166 A Concomitant Agreement is considered necessary for this application due to the residentially zoned property to the north and east. The Concomitant Agreement includes distance separation of the more intensive C-3 uses as well as screening and landscaping. A Concomitant Agreement conditions development by applying property-specific provisions at the time of zoning or rezoning. The conditions of the Agreement are applied to the property until it is amended or repealed by City Council through a subsequent application. Page 111 of 166 Item:R0ApplicantVicinityellRezone-C-1toC-3HowardRowell/RowellLivi018-009\\§_.?1,,.Page 112 of 166 ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON REZONING PARCELS #113884138, 113883031, 113883040, AND 113883022 FROM C‐1 (RETAIL BUSINESS) AND RT (RESIDENTIAL TRANSITION) TO C‐3 (GENERAL COMMERCIAL) WITH RESTRICTIONS AS CONTAINED IN THE CONCOMITANT AGREEMENT. WHEREAS, a complete and adequate petition for change of zoning classification has been received and an open record hearing having been conducted by the Pasco Planning Commission upon such petition; and, WHEREAS, that the effect of the requested change in zoning classification shall not be materially detrimental to the immediate vicinity; and, WHEREAS, based upon substantial evidence and demonstration of the Petitioner, that: (A) the requested change for the zoning classification is consistent with the adopted Comprehensive Plan; (B) the requested change in zoning classification is consistent with or promotes the goals and objectives of the Comprehensive Plan serving the general public interest in the community; and (C) there has been a change in the neighborhood or community needs or circumstances warranting the requested change of the zoning classification; and (D) the Planning Commission developed findings which are hereby adopted by the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed from C‐1 (Retail Business) and RT (Residential Transition) to C‐3 (General Commercial) with restrictions as contained in the concomitant agreement, as shown in Exhibit “1” attached hereto for the real property as shown in Exhibit “2” attached hereto and described as follows: Lot 1: That portion of Block 9, Washington Addition to Pasco, according to the Plat thereof recorded in Volume B of Plats, Page 54, AND that portion of vacated Butte Street right of way and Missoula Street right of way vacated by City of Pasco Ordinance 3996, recorded under Auditor’s File number 1763039, records of Franklin County, Washington, described as follows: Commencing at the southeast corner of Lot 17 of said Plat; Thence, along the south line of said Block and coincident with the north right of way margin of East A Street, South 89°43’56” West, a distance of 250.32 feet to the southwest corner of Lot 16 of said Plat, in said block, which point is also on the east right of way margin of Heritage Boulevard; Thence, along the west line of said Block and coincident with said east right of way margin, North 0048’40” West, a distance of 230.00 feet to the TRUE POINT OF BEGINNING; Thence continuing along said east right of way margin and said Block, North 00°48’40” West, a distance of 190.00 feet to the northwest corner of Lot 1 of said Block 9, which point is on the south right of way margin of said vacated Butte Street; Thence continuing along said east right of way margin, North 00°48’40” West, a distance of 40.00 to the centerline of said vacated Butte Street; Thence, along said centerline, North 8943’59” East, a distance of 289.88 feet to the centerline of said vacated Missoula Street; Thence, Page 113 of 166 along the centerline of said Missoula Street, South 00°52’00” East, a distance of 230.00 feet; Thence, leaving said centerline, South 89°43’56” West, a distance of 40.00 feet to the east line of Lot 25 of said Block 9; Thence, continuing South 89°43’56” West, a distance of 250.10 feet to the TRUE POINT OF BEGINNING. Lot 2: lots 1 thru 24 & lots 27 thru 32, block 10, Washington add together with vacated streets and alleys adjacent per Ordinance #3996 Lot 3: lots 25 & 26, block 10, Washington add together with vacated streets and alleys adjacent per Ordinance #3996 Lot 4: Washington add all Block 7 together with vacated streets and alleys adjacent per Ordinance #3996 Section 2. This ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. Passed by the City Council of the City of Pasco this _____ day of ________________, 2019. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 114 of 166 “Exhibit # 1” CONCOMITANT ZONING AGREEMENT WHEREAS, the City of Pasco, Washington, a non‐charter code city, under the laws of the State of Washington (Chapter 35A.63 R.C.W. and Article 11, Section 11 of the Washington State Constitution) has authority to enact laws and enter into agreements to promote the health, safety and welfare of its citizens, and thereby control the use and development of property within its jurisdiction; and WHEREAS, the Owner(s) of certain property have applied for a rezone of such property described below within the City's jurisdiction; and WHEREAS, the City pursuant to R.C.W. 43.12(c), the State Environmental Policy Act, should mitigate any adverse impacts which might result because of the proposed rezone; and WHEREAS, the City of Pasco and the Owner(s) are both interested in compliance with the Pasco Municipal Code provisions relating to the use and development of property situated in the City of Pasco, described as follows: Lot 1: That portion of Block 9, Washington Addition to Pasco, according to the Plat thereof recorded in Volume B of Plats, Page 54, AND that p ortion of vacated Butte Street right of way and Missoula Street right of way vacated by City of Pasco Ordinance 3996, recorded under Auditor’s File number 1763039, records of Franklin County, Washington, described as follows: Commencing at the southeast corner of Lot 17 of said Plat; Thence, along the south line of said Block and coincident with the north right of way margin of East A Street, South 89°43’56” West, a distance of 250.32 feet to the southwest corner of Lot 16 of said Plat, in said block, which point is also on the east right of way margin of Heritage Boulevard; Thence, along the west line of said Block and coincident with said east right of way margin, North 0048’40” West, a distance of 230.00 feet to the TRUE POINT OF BEGINNING; Thence continuing along said east right of way margin and said Block, North 00°48’40” West, a distance of 190.00 feet to the northwest corner of Lot 1 of said Block 9, which point is on the south right of way margin of said vacated Butte Street; Thence continuing along said east right of way margin, North 00°48’40” West, a distance of 40.00 to the centerline of said vacated Butte Street; Thence, along said centerline, North 8943’59” East, a distance of 289.88 feet to the centerline of said vacated Missoula Street; Thence, along the centerline of said Missoula Street, South 00°52’00” East, a distance of 230.00 feet; Thence, leaving said centerline, South 89°43’56” West, a distance of 40.00 feet to the east line of Lot 25 of said Block 9; Thence, continuing South 89°43’56” West, a distance of 250.10 feet to the TRUE POINT OF BEGINNING. Lot 2: lots 1 thru 24 & lots 27 thru 32, block 10, Washington add together with vacated streets and alleys adjacent per Ordinance #3996 Page 115 of 166 Concomitant Agreement PAGE 2 OF 3 Lot 3: lots 25 & 26, block 10, Washington add together with vacated streets and alleys adjacent per Ordinance #3996 Lot 4: Washington add all Block 7 together with vacated streets and alleys adjacent per Ordinance #3996 WHEREAS, the Owner(s) have indicated willingness to cooperate with the City of Pasco, its Planning Commission and Planning Department to ensure compliance with the Pasco Zoning Code, and all other local, state and federal laws relating to the use and development of the above described property; and WHEREAS, the City, in addition to civil and criminal sanctions available by law, desires to enforce the rights and interests of the public by this concomitant agreement, NOW, THEREFORE, In the event the above‐described property is rezoned by the City of Pasco to C‐3 (General Business) and in consideration of that event should it occur, and subject to the terms and conditions hereinafter stated, the applicant does hereby covenant and agree as follows: 1. The Owner(s) promise to comply with all of the terms of th e agreement in the event the City, as full consideration herein grants a rezone on the above‐described property. 2. The Owner(s) agrees to perform the terms set forth in Section 4 of this agreement. 3. This agreement shall be binding on their heirs, assigns, grantees or successors in interest of the Owner(s) of the property herein described. 4. Conditions: A. A buffer consisting of a 6’ tall architectural block wall, along with 10’ of landscaping to be placed on the residential side of the wall as per PMC 25.75.040 shall be installed between all residential zoning districts and all C‐3 uses. B. The following uses shall be prohibited within 300 feet of any r esidential district: a. Carwashes; b. Wineries as defined under 25.12.480; c. Dance halls and nightclubs; d. Trucking, express and storage yards; e. Heavy machinery sales and service; f. Warehouse; Page 116 of 166 Concomitant Agreement PAGE 3 OF 3 g. Landscape gardening and storage area for equipment and materials; h. Automobile sales and service; i. Mobile home and trailer sales and service; j. Lumber sales business; k. Contractor’ s plant or storage yard C. All uses permitted as conditional uses under PMC 25.46.040 are prohibited. The person(s) whose names are subscribed herein do hereby certify that they are the sole holders of fee simple interest in the above‐described property: Owner: ______________________________________ Owner: ______________________________________ STATE OF WASHINGTON) ) ss. County of Franklin ) On this _____ day of ________________, 2019, before me, the undersigned, duly commissioned and sworn, personally appeared ___________________________________________________________ to me known to be the individual(s) described above and who executed the within and foregoing instrument as an agent of the owner(s) of record, and acknowledged to me that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that he/she/they is/are authorized to execute the said instrument. GIVEN under by hand and official seal this _____ day of _________________, 2019. _________________________________ Notary Public in and for the State of Washington, residing at ________________. * * * * Page 117 of 166 Page 118 of 166 REPORT TO PLANNING COMMISSION PLANNING COMMISSION MEETING City Hall – 525 North Third Avenue – Council Chambers DATE: THURSDAY, JANUARY 17, 2019 7:00 PM 1 MASTER FILE #: Z 2018‐009 APPLICANT: Howard Rowell/ Rowell Living Trust 11720 Pheasant Run Pasco WA 99301 REQUEST: REZONE: Rezone 4 parcels from C‐1 (Retail Business District) and RT (Residential Transition) to C‐3 (General Commercial) BACKGROUND 1. PROPERTY DESCRIPTION: Legals: Lot 1: That portion of Block 9, Washington Addition to Pasco, according to the Plat thereof recorded in Volume B of Plats, Page 54, AND that portion of vac ated Butte Street right of way and Missoula Street right of way vacated by City of Pasco Ordinance 3996, recorded under Auditor’s File number 1763039, records of Franklin County, Washington, described as follows: Commencing at the southeast corner of Lot 17 of said Plat; Thence, along the south line of said Block and coincident with the north right of way margin of East A Street, South 89°43’56” West, a distance of 250.32 feet to the southwest corner of Lot 16 of said Plat, in said block, which point is also on the east right of way margin of Heritage Boulevard; Thence, along the west line of said Block and coincident with said east right of way margin, North 0048’40” West, a distance of 230.00 feet to the TRUE POINT OF BEGINNING; Thence continuing along said east right of way margin and said Block, North 00°48’40” West, a distance of 190.00 feet to the northwest corner of Lot 1 of said Block 9, which point is on the south right of way margin of said vacated Butte Street; Thence continuing along said east right of way margin, North 00°48’40” West, a distance of 40.00 to the centerline of said vacated Butte Street; Thence, along said centerline, North 8943’59” East, a distance of 289.88 feet to the centerline of said vacated Missoula Street; Thence, along the centerline of said Missoula Street, South 00°52’00” East, a distance of 230.00 feet; Thence, leaving said centerline, South 89°43’56” West, a distance of 40.00 feet to the east line of Lot 25 of said Block 9; Thence, continuing South 89°43’56” West, a distance of 250.10 feet to the TRUE POINT OF BEGINNING. Lot 2: lots 1 thru 24 & lots 27 thru 32, block 10, Washington add together with vacated streets and alleys adjacent per Ordinance #3996 Lot 3: lots 25 & 26, block 10, Washington add together with vacated streets and alleys adjacent per Ordinance #3996 Lot 4: Washington add all Block 7 together with vacated streets and alleys adjacent per Ordinance #3996 Page 119 of 166 2 General Location: At the Northeast corner of Heritage Boulevard and East “A Street (2800 Block of East “A” Street). Property Size: The parcel is Approximately 7.92 Acres and contains 4 lots, as follows: Lot # Sq Ft Acres Lot 1 66,671 1.53 Lot 2 131,208 3.01 Lot 3 6,700 0.15 Lot 4 140,263 3.22 Total 344,842 7.92 2. ACCESS: The parcel is accessible from East “A” Street and Heritage Boulevard. 3. UTILITIES: Water is available via an 8” line along the south side of East “A” Street and is stubbed to the site; an 8” sewer line runs along the north side of East “A” Street. 4. LAND USE AND ZONING: The lots are currently vacant except for a small block outbuilding on one of the lots, and are zoned as follows: Surrounding properties are zoned and developed as follows: NORTH: RT Vacant EAST: RT One residential unit SOUTH: I‐1 Vacant WEST: C‐1 & R‐1‐A Vacant & SFDUs 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Commercial uses. Those portions of the community designated for commercial development by the Comprehensive Plan could be zone “O”, C‐1, C‐2, C‐3 CR and BP. Land Use Goal ED‐2 encourages the appropriate location and design of commercial facilities within the City. ED‐2‐B encourages the development of a wide range of commercial uses strategically located to support local and regional needs. 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). Lot # APN Zoning Lot 1 113884138 C‐1 Lot 2 113883031 C‐1 Lot 3 113883040 C‐1 Lot 4 113883022 RT Page 120 of 166 3 ANALYSIS Applicant is seeking to rezone several tax parcels located at the northeast corner of Heritage Boulevard and East “A” Street from C‐1 (Retail Business District) and RT (Residential Transition) to C‐3 (General Business), consistent with the Comprehensive Plan designation for the property. The site, platted in 1913 as the Washington Addition to Pasco, was originally designed as a residential neighborhood but was never developed. With the exception of a single small block outbuilding, the site is vacant. The site was annexed into the City in 1994 (Ordinance 3033) and assigned the Residential Transition zoning designation. The RT zone is typically used as a holding zone for areas that lack utility services. As utilities and infrastructure become available RT zoned properties are then zoned to match the land use designations of the Comprehensive Plan. In February of 2011 Applicant was granted a vacation (Ordinance 3996) of all streets and alleys within Blocks 7, 9, and 10 of Washington Addition. In 2016 a Comprehensive Plan Amendment was approved (Ordinance 4328), changing the Land Use Map designation of the area from Low‐Density Residential and Mixed Residential/Commercial to Commercial. Applicant subsequently received approval for a rezone (Ordinance 3998; March 2011) of the southern portion of the area from RT (Residential Transition) to C‐1 (Retail Business District). Under the current Comprehensive Plan land use designation of commercial, the property could be zoned for “O”, C‐1, C‐2, C‐3, CR, and BP zoning (C‐2 zoning is only for the Central Business District). Applicant now wants to rezone the site from C‐1 and RT to C‐3 so as to expand the possible uses of the property. As per PMC 25.46.020 The following uses shall be permitted in the C‐3 district: 1. All uses permitted in the C‐1/ C‐2 districts; 2. Service stations; 3. Laundry; 4. Trucking, express and storage yards; 5. Wholesale business; 6. Heavy machinery sales and service; 7. Warehouse; 8. Landscape gardening and storage area for equipment and materials; 9. Automobile sales and service; 10. Mobile home and trailer sales and service; 11. Lumber sales business; 12. Veterinarian clinics for household pets (including indoor boarding facilities); and Parking lots within 500 feet of a C‐2 district boundary provided, such lots are paved and the development complies with the landscape and fencing requirements of the C‐1 district, as enumerated in subsection 25.42.020(13). Contractor’s plant or storage yard provided such plant or yard is more than 300 feet from a residential district. Page 121 of 166 4 Uses allowed in the C‐3 Zoning District with a Special Permit include the following: 1. “Veterinarian clinics for livestock, including outdoor treatment facilities, provided all boarding or overnight holding of animals occurs indoors; 2. Auto body shops; 3. Parking lots; 4. Contractor’ s plant or storage yard within 300 feet of a residential district; and Unclassified uses.” Rezone Criteria The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria are listed below as follows: 1. The date the existing zone became effective: Block 7 (APN # 113883022): The current zoning classification of RT (Residential Transition) became effective on July 23, 1994 (Ordinance 3033), upon annexation into the City. Blocks 9 & 10: (APNs #113884138 & #113883031) the C‐1 zoning classification became effective March 12, 2011 (Ordinance 3998). 2. The changed conditions, which are alleged to warrant other or additional zoning: Heritage Boulevard has been upgraded and realigned to accommodate heavy truck traffic originating from the industrially zoned properties to the south, and some industrial uses have been developed to the southeast of the site. High‐density housing has been developed to the east (Tierra Vida Apartments). 3. Facts to justify the change on the basis of advancing the public health, safety and general welfare: The proposed zoning request is consistent with the Comprehensive Plan which has been determined to be in the best interest of advancing public health, safety and general welfare of the community. The rezone will allow for development of a broader spectrum of commercial enterprises in the area, providing job opportunities for Pasco residents. 4. The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: A change in zoning classification may ultimately result in the establishment of commercial services consistent with the Comprehensive Plan. Any development will require developers to install/upgrade street, utilities and landscaping in the area, thus improving the value of surrounding properties on Lewis Street. Residential properties may decrease in value, or increase in value at a slower rate due to the proximity of more intense uses. 5. The effect on the property owner or owners if the request is not granted: Block 7 (APN # 113883022): Because the RT zoning permits single family homes on a minimum of 5 acres for development, and the property zoned RT comprises approximately 3.2 acres, the property owners will be severely limited by the constraints of the RT zoning designation in their ability to either develop or to sell the property. Blocks 9 & 10: (APNs #113884138 & #113883031) Applicant would still be able to use the property for all uses permitted in the ‘O’ and C‐1 zoning districts. Page 122 of 166 5 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. Applicant is seeking to rezone several tax parcels from C‐1 (Retail Business District) and RT (Residential Transition) to C‐3 (General Business), consistent with the Comprehensive Plan designation for the property. 2. The parcels are located at the northeast corner of Heritage Boulevard and East “A Street 3. The site was platted in 1913 as the Washington Addition to Pasco but was never developed. 4. The site was originally designed as a residential neighborhood. 5. With the exception of a single small concrete outbuilding, the site is vacant. 6. The site was annexed into the City in 1994 (Ordinance 3033). 7. The site was assigned the Residential Transition zoning designation at time of annexation. 8. The RT zone is typically used as a holding zone for areas that lack utility services. As utilities and infrastructure become available RT zoned properties are then zoned to match the land use designations of the Comprehensive Plan. 9. all streets and alleys within Blocks 7, 9, and 10 of Washington Addition were vacated in February of 2011 with Ordinance 3996. 10. A Comprehensive Plan Amendment changing the Land Use Map designation of the area from Low‐ Density Residential and Mixed Residential/Commercial to Commercial was approved In 2016 (Ordinance 4328). 11. The southern portion of the site was rezoned from RT (Residential Transition) to C‐1 (Retail Business District) via Ordinance 3998 in March 2011). 12. Under the current Comprehensive Plan land use designation of commercial, the property could be zoned for “O”, C‐1, C‐2, C‐3, CR, and BP zoning (C‐2 zoning is only for the Central Business District). 13. Applicant has applied to rezone the site from C‐1 (Retail Business District) and RT (Residential Transition) to C‐3 (General Business). 14. As per PMC 25.46.020 The following uses are permitted in the C‐3 district: a. All uses permitted in the C‐1/ C‐2 districts; b. Service stations; c. Laundry; d. Trucking, express and storage yards; e. Wholesale business; f. Heavy machinery sales and service; g. Warehouse; Page 123 of 166 6 h. Landscape gardening and storage area for equipment and materials; i. Automobile sales and service; j. Mobile home and trailer sales and service; k. Lumber sales business; l. Veterinarian clinics for household pets (including indoor boarding facilities); and Parking lots within 500 feet of a C‐2 district boundary provided, such lots are paved and the development complies with the landscape and fencing requirements of the C‐1 district, as enumerated in subsection 25.42.020(13). Contractor’ s plant or storage yard provided such plant or yard is more than 300 feet from a residential district. 15. The following uses are allowed in the C‐3 Zoning District upon issuance of a Special Permit: m. “Veterinarian clinics for livestock, including outdoor treatment facilities, provided all boarding or overnight holding of animals occurs indoors; n. Auto body shops; Parking lots; o. Contractor’ s plant or storage yard within 300 feet of a residential district; and Unclassified uses.” The proposed rezone area is shown in the Comprehensive Plan for Commercial zoning. Commercial zoning permits the C‐3 (General Commercial Medium) zoning district. The proposed rezone is consistent with the referenced plans; however, the area is adjacent a residentially zoned district which may suffer negative impacts from the more intense uses allowed in the C‐3 zoning district. Staff recommends the provision of a concomitant agreement to mitigate for these possible impacts. TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusions based upon the criteria listed in PMC 25.86.060. The criteria are as follows: 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. The proposal is consistent with the Comprehensive Plan Land Use Map and Comprehensive Plan Policy LU‐4‐A, which recommends the City “Locate commercial facilities at major street intersections to avoid commercial sprawl and avoid disruptions of residential neighborhoods, and leverage major infrastructure availability.” The site is at the intersection of two arterial streets; Heritage Boulevard and East “A” Street, both major truck routes. 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. The immediate area is shown in the Comprehensive Plan for Commercial zoning. Commercial zoning permits the C‐3 (General Commercial Medium) zoning district. The proposed rezone is consistent with the referenced plans; however, the area is adjacent a residentially zoned area and uses allowed in the C‐3 zoning district are typically buffered from residential uses by less intensive zoning districts. As such, this Page 124 of 166 7 proposal may be materially detrimental to future nearby developments that will need to conform to the provision of the plans. A concomitant agreement is advisable. 3. There is merit and value in the proposal for the community as a whole. The proposed zoning is consistent with the Plan’s Land Use Map. The site is located at the intersection of two major truck routes (Heritage Boulevard and East “A” Street); Comprehensive Plan Policy LU‐4‐A requires the City to “Locate commercial facilities at major street intersections to avoid commercial sprawl and avoid disruptions of residential neighborhoods, and leverage major infrastructure availability.” The proposal is supported by land use goals and policies contained in the Comprehensive Plan. 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. The Pasco Municipal Code includes design standards for commercial development. If or when applicants pursue the development of this property, they will be required to conform to design standards established by the PMC. No special conditions are proposed. 5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. A Concomitant Agreement is considered necessary for this application; the site is directly east of an existing residential development across Heritage Boulevard, and immediately adjacent zoned residential to the north and east. Typical separation of C‐3 uses when the property develops should appear in the form of a solid block wall and landscaping elements as per PMC 25.75. Distance buffers from more intensive uses otherwise allowed within the C‐3 zoning district may also be appropriate. RECOMMENDATION OPTION #1 MOTION: I move to close the hearing on the proposed rezone and set February 21, 2019 as the date for deliberations and the development of a recommendation for the City Council. OPTION #2 MOTION: I move to close the hearing and adopt Findings of Fact and conclusions therefrom as contained in the January 17, 2019 staff report. MOTION: I move based on the Findings of Fact and conclusions as adopted the Planning Commission recommend the City Council rezone the three parcels from C‐1 and RT to C‐ with restrictions contained in the Concomitant Agreement. Page 125 of 166 “Exhibit # 1” CONCOMITANT ZONING AGREEMENT WHEREAS, the City of Pasco, Washington, a non‐charter code city, under the laws of the State of Washington (Chapter 35A.63 R.C.W. and Article 11, Section 11 of the Washington State Constitution) has authority to enact laws and enter into agreements to promote the health, safety and welfare of its citizens, and thereby control the use and development of property within its jurisdiction; and WHEREAS, the Owner(s) of certain property have applied for a rezone of such property described below within the City's jurisdiction; and WHEREAS, the City pursuant to R.C.W. 43.12(c), the State Environmental Policy Act, should mitigate any adverse impacts which might result because of the proposed rezone; and WHEREAS, the City of Pasco and the Owner(s) are both interested in compliance with the Pasco Municipal Code provisions relating to the use and development of property situated in the City of Pasco, described as follows: Lot 1: That portion of Block 9, Washington Addition to Pasco, according to the Plat thereof recorded in Volume B of Plats, Page 54, AND that p ortion of vacated Butte Street right of way and Missoula Street right of way vacated by City of Pasco Ordinance 3996, recorded under Auditor’s File number 1763039, records of Franklin County, Washington, described as follows: Commencing at the southeast corner of Lot 17 of said Plat; Thence, along the south line of said Block and coincident with the north right of way margin of East A Street, South 89°43’56” West, a distance of 250.32 feet to the southwest corner of Lot 16 of said Plat, in said block, which point is also on the east right of way margin of Heritage Boulevard; Thence, along the west line of said Block and coincident with said east right of way margin, North 0048’40” West, a distance of 230.00 feet to the TRUE POINT OF BEGINNING; Thence continuing along said east right of way margin and said Block, North 00°48’40” West, a distance of 190.00 feet to the northwest corner of Lot 1 of said Block 9, which point is on the south right of way margin of said vacated Butte Street; Thence continuing along said east right of way margin, North 00°48’40” West, a distance of 40.00 to the centerline of said vacated Butte Street; Thence, along said centerline, North 8943’59” East, a distance of 289.88 feet to the centerline of said vacated Missoula Street; Thence, along the centerline of said Missoula Street, South 00°52’00” East, a distance of 230.00 feet; Thence, leaving said centerline, South 89°43’56” West, a distance of 40.00 feet to the east line of Lot 25 of said Block 9; Thence, continuing South 89°43’56” West, a distance of 250.10 feet to the TRUE POINT OF BEGINNING. Lot 2: lots 1 thru 24 & lots 27 thru 32, block 10, Washington add together with vacated streets and alleys adjacent per Ordinance #3996 Page 126 of 166 Concomitant Agreement PAGE 2 OF 3 Lot 3: lots 25 & 26, block 10, Washington add together with vacated streets and alleys adjacent per Ordinance #3996 Lot 4: Washington add all Block 7 together with vacated streets and alleys adjacent per Ordinance #3996 WHEREAS, the Owner(s) have indicated willingness to cooperate with the City of Pasco, its Planning Commission and Planning Department to ensure compliance with the Pasco Zoning Code, and all other local, state and federal laws relating to the use and development of the above described property; and WHEREAS, the City, in addition to civil and criminal sanctions available by law, desires to enforce the rights and interests of the public by this concomitant agreement, NOW, THEREFORE, In the event the above‐described property is rezoned by the City of Pasco to C‐3 (General Business) and in consideration of that event should it occur, and subject to the terms and conditions hereinafter stated, the applicant does hereby covenant and agree as follows: 1. The Owner(s) promise to comply with all of the terms of th e agreement in the event the City, as full consideration herein grants a rezone on the above‐described property. 2. The Owner(s) agrees to perform the terms set forth in Section 4 of this agreement. 3. This agreement shall be binding on their heirs, assigns, grantees or successors in interest of the Owner(s) of the property herein described. 4. Conditions: A. A buffer consisting of a 6’ tall architectural block wall, along with 10’ of landscaping to be placed on the residential side of the wall as per PMC 25.75.040 shall be installed between all residential zoning districts and all C‐3 uses. B. The following uses shall be prohibited within 300 feet of any r esidential district: a. Carwashes; b. Wineries as defined under 25.12.480; c. Dance halls and nightclubs; d. Trucking, express and storage yards; e. Heavy machinery sales and service; f. Warehouse; Page 127 of 166 Concomitant Agreement PAGE 3 OF 3 g. Landscape gardening and storage area for equipment and materials; h. Automobile sales and service; i. Mobile home and trailer sales and service; j. Lumber sales business; k. Contractor’ s plant or storage yard C. All uses permitted as conditional uses under PMC 25.46.040 are prohibited. The person(s) whose names are subscribed herein do hereby certify that they are the sole holders of fee simple interest in the above‐described property: Owner: ______________________________________ Owner: ______________________________________ STATE OF WASHINGTON) ) ss. County of Franklin ) On this _____ day of ________________, 2019, before me, the undersigned, duly commissioned and sworn, personally appeared ___________________________________________________________ to me known to be the individual(s) described above and who executed the within and foregoing instrument as an agent of the owner(s) of record, and acknowledged to me that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that he/she/they is/are authorized to execute the said instrument. GIVEN under by hand and official seal this _____ day of _________________, 2019. _________________________________ Notary Public in and for the State of Washington, residing at ________________. * * * * Page 128 of 166 Page 129 of 166 Page 130 of 166 Page 131 of 166 Page 132 of 166 Looking NorthPage 133 of 166 Looking EastPage 134 of 166 Looking SouthPage 135 of 166 Looking WestPage 136 of 166 MINUTES PLANNING COMMISSION MEETING City Hall – 525 North Third Avenue – Council Chambers THURSDAY, DECEMBER 20, 2018 7:00 PM Planning Commission Meeting Page 1 December 20, 2018 PUBLIC HEARINGS: C. Rezone Rezone from C‐1 (Retail Business) to C‐3 (General Business) (Howard Rowell) (MF# Z 2018‐009) Chairperson Myhrum read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the rezone application from C‐1 (Retail Business) to C‐3 (General Business). The Comprehensive Plan designation for this site is Commercial which allows various types of commercial zoning districts. Some of the current zoning on the site is not in conformance with the Comprehensive Plan but the proposal to rezone would put the site into conformance. The staff report contains a list of uses allowed in the C‐3 zone, which is the heaviest of the commercial zones. It explains that there are additional uses that could be allowed in the C‐3 zone with a special use permit. The site adjacent to the rezone is existing residential zoning and for that reason, staff recommends a concomitant agreement to further restrict the uses that could impact that adjacent residential zoning. The applicant is not present at the hearing so staff would recommend the hearing to be continued since he was unable to attend. Commissioner Greenaway asked if staff knew what the applicant was planning to place on this property. Mr. White replied that as far as he knows he is planning for additional flexibility with uses but nothing specific at this time. There were no further questions or comments. Commissioner Bowers moved, seconded by Commissioner A. Campos, to continue the public hearing to the January 17, 2019 meeting. The motion passed unanimously. Respectfully submitted, Krystle Shanks, Administrative Assistant II Community & Economic Development Department Page 137 of 166 MINUTES PLANNING COMMISSION MEETING City Hall – 525 North Third Avenue – Council Chambers THURSDAY, JANUARY 17, 2019 7:00 PM Planning Commission Meeting Page 1 January 17, 2019 PUBLIC HEARINGS: A. Rezone Rezone from C‐1 (Retail Business) and RT (Residential Transition) to C‐3 (General Business) (Howard Rowell) (MF# Z 2018‐009) Chairperson Roach read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the rezone application from C‐1 and RT to C‐3. The hearing was continued because the applicant was not present at the previous meeting, however, they were in attendance at this hearing to answer any questions the Commission may have. The site is located at the corner of Heritage and A Street. Howard Rowell, 11720 Pheasant Run, spoke in support of his rezone application. He stated the main rezone for his rezone was to bring the zoning together and offer more opportunities for potential buyers. He stated that he was fine with the restrictions included in the concomitant agreement. Commissioner Bykonen, Commissioner Bowers and Chairperson Roach had questions for the applicant. He responded that he was aware of the requirement for a block wall and accepts the condition should the type of use located along the side adjacent to residential, he planned to sell most of the lots and develop one himself and he wanted to split up the 6 acre lot for an auction situation. There were no further questions for the applicant. Commissioner Myhrum noted that there were two options for the Planning Commissioners to make pertaining to making a motion. He stated that the option to close the hearing and recommend approval with a concomitant agreement made the most sense to him. The Commissioner were in agreement. Commissioner Myhrum moved, seconded by Commissioner Bykonen, to close the hearing and adopt findings of fact and conclusions therefrom as contained in the January 17, 2019 staff report. The motion passed unanimously. Commissioner Myhrum moved, seconded by Commissioner Bykonen, based on the findings of fact and conclusions adopted, the Planning Commission recommend the City Council rezone the three parcels from C‐1 and RT to C‐3 with restrictions contained in the concomitant agreement. The motion passed unanimously. Respectfully submitted, Krystle Shanks, Administrative Assistant II Community & Economic Development Department Page 138 of 166 AGENDA REPORT FOR: City Council January 29, 2019 TO: Dave Zabell, City Manager Regular Meeting: 2/4/19 FROM: Darcy Bourcier, Planner I Community & Economic Development SUBJECT: ROW Vacation: Vacating a portion of Saint Thomas Drive (VAC 2019-001) I. REFERENCE(S): Proposed Resolution Overview Map Vicinity Map Vacation Petition II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No._____, a resolution setting 7:00 P.M., Monday, March 4, 2019 as the time and date to conduct a public hearing to consider vacating a portion of Saint Thomas Drive near the intersection of Saint Thomas Drive and Broadmoor Boulevard. III. FISCAL IMPACT: None. IV. HISTORY AND FACTS BRIEF: The property owner of the parcel located at the southeast corner of Saint Thomas Drive and Broadmoor Boulevard (Parcel #115 470 029) has petitioned for the vacation of right-of-way from a remnant circular street feature at the most western end of Saint Thomas Drive before said street connects with Broadmoor Boulevard. The right-of- way in question is unused and does not have vehicular access. The petition requires the City Council to fix a public hearing to consider the vacation request. The earliest regular City Council meeting available for a public hearing which provides the statutory 20-day hearing notice is March 4, 2019. V. DISCUSSION: Page 139 of 166 Per PMC 12.40 the Council may require compensation for vacated rights -of-way. The compensation involves obtaining a title report and appraisal of value. However, the compensation and the requirements attached thereto may be waived if one or more of the following conditions apply: 1. The vacation is initiated by the City Council by Resolution; 2. The vacation is at the request of the City; 3. The right-of-way to be vacated was previously determined by the City Council not to be essential to public traffic circulation and available for vacation; 4. The grant of substitute right-of-way which has a value as a right-of-way at least equal to that right-of-way to be vacated; and 5. The resulting benefit to the community of the project requiring the vacation outweighs the appraised value of the right-of-way to be vacated. The bulbous right-of-way intended to facilitate a circular street feature at the entrance of Saint Thomas Drive was dedicated to the City in May of 1994 by Metropolitan Mortgage & Securities Co., Inc. However, in 1998, the entrance to Saint Thomas Drive was redesigned and the circular feature was abandoned in favor of simply connecting Saint Thomas Drive to Broadmoor Boulevard as a standard T-shaped intersection. The circular right-of-way from the abandoned feature remains on both the north and south properties. Page 140 of 166 RESOLUTION NO. ______ A RESOLUTION SETTING 7:00 PM, MONDAY, MARCH 4, 2019 AS THE TIME AND DATE TO CONDUCT A PUBLIC HEARING TO CONSIDER VACATING A PORTION OF SAINT THOMAS DRIVE. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate right -of-way; and WHEREAS, a petition for the vacation of a portion of Saint Thomas Drive has been submitted to the City; and, WHEREAS, the street vacation process provided in PMC 12.40 requires a title report and an appraisal of value and compensation unless waived by the City Council; and, WHEREAS, the City Council may waive the requirement for a title report, an appraisal of value and compensation if t he resulting benefit to the community from the project requiring the vacation outweighs the appraised value of the right -of-way to be vacated; and, WHEREAS, t he right -of-way bulb at the most western end of Saint Thomas Drive immediately before said street connects with Broadmoor Boulevard was intended to facilitate a circular street feature at the entrance of Saint Thomas Drive and was dedicated to the City in May of 1994, and; WHEREAS, the circular street feature was abandoned by the City at the time of the redesign of the Saint Thomas Drive entrance in 1998; and WHEREAS, t he public no longer has vehicular access to or need for the remnant right -of- way; and, WHEREAS, the applicant proposes a two -phase retail project consisting of an 8,150 square foot building for Numerica Credit Union and other retail uses along with further retail development to be determined ; and, WHEREAS, vacating the remnant right -of-way will allow the applicant to utilize the unused right -of-way, providing space to develop the site with 18 additional par king spaces and approximately 5,400 square feet of additional building space, and; WHEREAS, the new development will result in significant benefits that will have a lasting impact on the community; and, WHEREAS, a public hearing is needed for the Council to more fully make a reasoned determination on the need for compensation to offset the loss of public right -of-way as the result of the proposed street vacation, and; Page 141 of 166 WHEREAS, R.C.W. 35.79 requires public hearings on vacations to be fixed by Resolution, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: Section 1. Compensation of Vacated Right-of-Way: Pursuant to PMC 12.40 the City Council hereby reserves the right to require an appraisal, survey, submittal of a title report and payment o f compensation for the proposed vacation, and; Section 2. Notice of Hearing: That a public hearing to consider vacating the right -of-way remnant at the northwest side of Lot 2, Short Plat 2005-15, will be held before the City Council of the City of Pasco in the Council Chambers at 525 N. Third Avenue, Pasco, Washington, at the hour of 7:00 p.m., on March 4, 2019. That the City Clerk of the City of Pasco give notice of said public hearing as required by law. Passed by the City Council of the City of Pasco this 4th day of February, 2019. _____________________________ Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Daniela E rickson Leland B. Kerr City Clerk City Attorney Page 142 of 166 City of Pasco, IS Division /Item: Vacation - A portion of Saint Thomas Drive Applicant: Numerica Credit Union File #: VAC 2019-001 Overview Map St Th o m a s D r Broadmoor Blvd0 320 640160Feet Chapel Hill Blvd VACATION SITE Page 143 of 166 City of Pasco, IS Division /Item: Vacation - A portion of Saint Thomas Drive Applicant: Numerica Credit Union File #: VAC 2019-001 Vicinity Map St Thomas Dr Broadmoor Blvd0 50 10025FeetPage 144 of 166 Page 145 of 166 Page 146 of 166 Page 147 of 166 Page 148 of 166 Page 149 of 166 AGENDA REPORT FOR: City Council January 28, 2019 TO: Dave Zabell, City Manager Regular Meeting: 2/4/19 FROM: Steve Worley, Public Works Director Public Works SUBJECT: Notice of Public Hearing - Final Assessment Roll Chapel Hill LID Project I. REFERENCE(S): Vicinity Map Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. _______ fixing a time and place for hearing on the final assessment roll for Local Improvement District No. 150, and directing that notice thereof be given in the manner required by law. III. FISCAL IMPACT: Total Estimated Project Cost: $11.2M *Project Estimate will be updated based on Construction Bids received. IV. HISTORY AND FACTS BRIEF: The Project In 2016, Department of Natural Resources (DNR) parceled and sold 230 acres bounded by Road 84, Road 68, Argent Road and the Franklin County Irrigation District (FCID) canal, and I-182. The City's Comprehensive Plan identifies the Chapel Hill Boulevard corridor through this area as a connection from Road 100 to Road 68. LID Process Local Improvement Districts (LIDs) are a means of assisting benefiting properties in financing needed capital improvements through the formation of special assessment districts. Special assessment districts provide the opportunity for improvements to be financed and paid for over a period of time through assessments on the benefiting properties. Page 150 of 166 Ordinance No. 4393 By Ordinance No. 4393, adopted August 20, 2018, the City Council ordered the improvement of Chapel Hill Boulevard from Road 68 to Road 84, including the intersection with Road 76, and created LID 150. Further, Ordinance No. 4393 was based on the premise that the confirmation of the final assessment roll and the issuance of bonds to finance construction of the Improvements as planned will result in avoidance of substantial interim financing costs. V. DISCUSSION: Staff recommends approval of a resolution which sets a public hearing date of March 18, 2019 for Council consideration of the final assessment roll for Local Improvement District 150. The timing of this hearing will be sufficient to receive, evaluate and award construction bids for the project. Depending on the bid results, the total estimated project cost of $11.2 million may increase or decrease accordingly. Page 151 of 166 Page 152 of 166 53271857.1 CITY OF PASCO, WASHINGTON RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, FIXING A TIME AND PLACE FOR HEARING ON THE FINAL ASSESSMENT ROLL FOR LOCAL IMPROVEMENT DISTRICT NO. 150, AND DIRECTING THAT NOTICE THEREOF BE GIVEN IN THE MANNER REQUIRED BY LAW. WHEREAS, the final assessment roll for Utility Local Improvement District No. 150, which was created and established by Ordinance No. 4393 passed by the City Council on August 20, 2018, has been prepared as provided by law and is on file with the City Clerk, and it is necessary to fix the date for a hearing thereon before the City Council; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, that the public hearing on the final assessment roll for Utility Local Improvement District No. 150 will be held before the City Council on March 18, 2019 at 7:00 p.m., local time, in the Council Chambers, City Hall, 525 N. Third Avenue, Pasco, Washington. The City Clerk is instructed to cause notice to be given both by mailing and publication as required by law. ADOPTED by the City Council of the City of Pasco, Washington, at a regular open public meeting thereof on the 4th day of February, 2019. Matt Watkins, Mayor ATTEST: Daniela Erickson, City Clerk APPROVED AS TO FORM: Kerr, Ferguson Law, PLLC. Page 153 of 166 53271857.1 CERTIFICATION I, the undersigned, City Clerk of the City of Pasco, Washington (the “City”), hereby certify as follows: 1. The attached copy of Resolution No. ____ (the “Resolution”) is a full, true and correct copy of an Resolution duly adopted at a regular meeting of the City Council of the City held at the regular meeting place thereof on February 4, 2019, as that Resolution appears on the minute book of the City; and the Resolution will be in full force and effect immediately following its adoption; and 2. A quorum of the members of the City Council was present throughout the meeting and a majority of those members present voted in the proper manner for the adoption of the Resolution. IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of February, 2019. CITY OF PASCO, WASHINGTON Daniela Erickson, City Clerk Page 154 of 166 AGENDA REPORT FOR: City Council January 31, 2019 TO: Dave Zabell, City Manager Regular Meeting: 2/4/19 FROM: Stan Strebel, Deputy City Manager Executive SUBJECT: 2019 Legislative Priorities - Amendment I. REFERENCE(S): 2019 Legislative Priorities - Proposed Amendments Proposed Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. ________, declaring the City's legislative priorities (amended) for the 2019 session of the Washington State Legislature. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: On October 1st Council adopted Resolution No. 3861 declaring the City's legislative priorities for the 2019 session of the Legislature which began on January 14th. Since the adoption, Council and staff have discussed the need to add two additional priorities: • LEWIS STREET OVERPASS PROJECT - Requesting $3.4 million from the Transportation Budget to close the funding gap and allow construction of the project to commence this year. • LOWER SNAKE RIVER DAMS - Opposing the $750,000 in the Governor's budget for funding of an impact study on breaching the 4 dams on the Lower Snake River as unnecessary and a duplication of ongoing work. Page 155 of 166 V. DISCUSSION: Staff recommends approval of the revised priorities list, by resolution attached, so that the City's advocates with the Legislature, Gordon Thomas Honeywell, will have the City's direction. Page 156 of 166 RESOLUTION NO. __________ A RESOLUTION declaring the City’s legislative priorities for the 2019 session of the Washington State Legislature. WHERAS, the City Council identified its legislative priorities for the 2019 legislative session in Resolution No. 3861; and WHERAS, the Council desires to amend said priorities with additional priorities of assistance and concern; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. That the legislative objectives stated herein below constitute the priorities of the City of Pasco for the 2019 legislative session. • PEANUTS COMMUNITY PLAZA and FARMERS MARKET: At the epicenter of downtown Pasco is Peanuts Park, the primary and historic gathering place for the community. The park is the heart of a culturally diverse downtown core. The City is leveraging this project, as part of a bundle of projects to revitalize the downtown core, enhance economic opportunities for the agricultural community and provide the public greater access to locally grown produce. Design for these improvements is expected to be complete in the spring of 2019 with construction to commence shortly thereafter. Considerable public outreach was part of the master planning process and as a result the project enjoys significant public support. The City requests $3 million in funding for Phase 1 of this project to revitalize the downtown plaza and farmers market structures, upgrading this important community gathering place in a way that will spur economic development. • LEWIS STREET OVERPASS PROJECT: The City of Pasco is requesting $3.4 million from the Transportation budget to close the final funding gap for this longstanding project. The project will create an overpass across the BNSF Railway railroad tracks to replace the 1937 Lewis Street undercrossing. With the additional roadway features and pedestrian features, the project will enhance safety, connectivity and economic development in the area. More specifically, the overpass will provide an important and safe link between the Pasco Central Business District and eastern Pasco for freight, emergency service vehicles, school buses, residents, and businesses. The city’s goal is to begin construction this spring or summer. • PROCESS WATER REUSE FACILITY IMPROVEMENTS PHASE I: The City requests $3 million for improvements to the City’s industrial wastewater treatment facility which supports a very successful food processing cluster and farmers within the region. These proposed conveyance, rehabilitation and treatment improvements will improve the reliability of the facility and allow for the needed and planned expansion in productivity of current food processors utilizing the facility and create capacity for additional processors. This project is necessary to support the current processors and farmers benefitting from the plant and allow for growth of the Pasco Ag Processing Cluster. Page 157 of 166 2019 Legislative Priorities Resolution Page 2 • ALLOW CITY PUBLIC FACILITY DISTRICT TO FUND AQUATIC CENTER: The Pasco Public Facility District (PFD) would like to fund and construct an aquatic center. Regional and county PFDs are authorized to construct “recreational facilities”; however, city PFDs are not. The City requests legislation or a local tool to bring this project to fruition. • INFRASTRUCTURE FUNDING (TIB & PWAA): The City of Pasco has several significant infrastructure projects that are too expensive to fund solely with local funding, including; Lewis Street Overpass project replaces a deteriorating and functionally obsolete 1937 underpass on a former state highway; Argent Road, widening and improving safety, capacity and multi-modal opportunities in the immediate vicinity of the Tri-Cities Airport in Pasco, Columbia Basin College and nearby commercially zoned properties. The City requests that the Legislature fund key infrastructure funding programs, including the Transportation Improvement Board (TIB) and the Public Works Assistance Account (PWAA) to provide adequate funding sources to complete these projects. Specifically, the City requests that the legislature return funding streams, such as the utility tax and real estate excise tax revenues, to the PWAA. • LOWER SNAKE RIVER DAMS: The City opposes the inclusion of $750,000 in the Governor’s proposed budget to study the impact of breaching the Lower Snake River Dams as unnecessary and duplicative. The City instead urges the legislature to continue supporting the ongoing efforts to provide education, analysis and improvements to hydro, habitat, harvest and hatchery programs directed towards salmon and orca recovery and to support the ongoing Columbia River System Operation Environmental Impact Statement (CRSO EIS), a multi-State effort, involving federal and state agencies, tribes, local governments, industry and special interest groups aimed at evaluating and addressing alternatives and impacts associated with removal of dams along both the Columbia and Snake Rivers. • BASIC LAW ENFORCEMENT ACADAMY (BLEA) FUNDING: The City of Pasco supports increased funding and other solutions to ensure newly hired officers are able to complete training through the Basic Law Enforcement Academy (BLEA) at the Criminal Justice Training Commission in a timely manner. At current funding levels, the Criminal Justice Training Commission has a backlog of officers awaiting training. State law requires that officers are trained within 6 months of hire. The current backlog exceeds this statutory timeline. This results in law enforcement agencies throughout the state hiring new officers, and then keeping them on staff for upwards of 6 months, unable to perform police work until their training is complete. • ECONOMIC DEVELOPMENT TOOLS: The City of Pasco joins the Association of Washington Cities in encouraging the State to reinvigorate economic development programs currently in statute that now remain unfunded, such as the Local Revitalization Fund (LRF), the Local Infrastructure Financing Tool (LIFT), the Job Development Fund (JDF), and others. Additionally, Pasco supports establishing a tax increment financing or value capture financing program, similar to what is established in other states. Page 158 of 166 2019 Legislative Priorities Resolution Page 3 • DEFEND LOCAL CONTROL: The City of Pasco believes the best governmental decisions are those that are made closest to the people represented. Cities possess strong local authority to provide for the safety and welfare of their residents, and the Legislature must abstain from restricting, mandating, or otherwise interfering with local decisions. The City of Pasco will oppose legislative actions that are inconsistent with this view. Section 2. The City Manager is hereby directed to inform state legislators and other appropriate parties of the City’s 2019 legislative priorities. PASSED by the City Council of the City of Pasco at its regular meeting this _______ day of February, 2019. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Daniela Erickson, City Clerk Leland B. Kerr, City Attorney Page 159 of 166 AGENDA REPORT FOR: City Council January 29, 2019 TO: Dave Zabell. City Manager Regular Meeting: 2/4/19 FROM: Steve Worley, Public Works Director Public Works SUBJECT: Bid Award - 14001 Harris Road Sewer Transmission Main I. REFERENCE(S): Vicinity Map Bid Tabulation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to award the Harris Road Sewer Transmission Main project to Culbert Construction, Inc. in the base bid amount of $2,412,115.89 and, further, authorize the City Manager to execute the contract documents. III. FISCAL IMPACT: Fund 450 Sewer - Fund Balance $ 90,747 Fund 450 Sewer - 2017 Revenue Bond $ 3,890,733 Fund 411 Water - Capital Expansion Fee* $ 400,000 Total Project Funding $ 4,381,480 *Budget supplement requested to build an additional water crossing under freeway. IV. HISTORY AND FACTS BRIEF: This project includes installation of approximately 4,000 linear feet of PVC gravity sewer transmission main, two (2) trench-less boring(s) under WSDOT’s right-of-way on Interstate 182, and pavement restoration of portions of Court Street, Road 111, and Harris Road, as necessary. V. DISCUSSION: Page 160 of 166 On January 11, 2018, the City received six (6) bids for construction of the project. For clarification; the (base) bid included full width surface restoration of Harris Road and no allowance of road closure for Harris Road. Alternate B1 allowed for either a credit or debit of paving only half of Harris Road. Alternate C1 allowed for a credit allowing for road closure during construction. With the low (base) bid offering the best final product (full road width restoration) and Alternate B1 being a credit of only $11,077.71 (Half road width surface restoration on Harris Road) and with Alternate C1 being a credit of only $17, 937.71 (Credit back to the City to allow full closure of Harris Road) and considering the local residential and commercial traffic that utilizes Harris Road, the recommendation is to award the low (base) bid without alternates. Culbert from was C1, or B1 items bid alternate without bid, (base) low The Construction, Inc. in the amount of $2,412,115.89, below the engineers estimate and within budget. This is a critical project, as determined by Council, associated with the 2018-2019 Economic Vitality Goals. Specifically "completion of the Broadmoor sub-area plan and environmental analysis, including plan for needed utilities, and transportation improvements." This project is included in the City's 2019-2024 Capital Improvement Plan with an expected completion date in 2019. Staff reviewed the bid submittal and found no exceptions or irregularities existed. Therefore, Staff recommends award of the contract to Culbert Construction, Inc. of Pasco, Washington. Page 161 of 166 PROJECT VICINITY MAP HARRIS R OAD Page 162 of 166 Page 163 of 166 FILE: BID DATE: FEBRUARY 28, 2017 20th Ave Safety Improvements Bid Summary.pub SHEET of 2 4 Contract No.: CP5-ST-3A-14-06 Fed. Aid No.: HSIP-3551(004) Continued from Previous Sheet CITY OF PASCO N. 20th Ave Safety Improvements Project No. 14006 FILE: BID DATE: JANUARY 11, 2019 Harris Road Sewer Transmission Main Bid Summary.pub Contract No.: CP7-SE-2A-14-02 CITY OF PASCO Harris Road Sewer Transmission Main Project No. 14001 BID SUMMARY Culbert Harris Road Sewer Transmission Main ENGINEER'S Construction, Inc. C & E Trenching Rotschy, Inc. Project No. 14001 ESTIMATE Pasco, WA Pasco, WA Vancouver, WA City Contract Number: CP7-SE-2A-14-02 Item Bid Security 5% Bid Bond 5% Bid Bond 5% Bid Bond No. ITEM QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 22 Plastic Stop Line 16 LF 20.00 320.00 30.75 492.00 10.92 174.72 10.00 160.00 23 Protection & Support of Existing Utilities 1 LS 100,000.00 100,000.00 21,798.50 21,798.50 5,462.12 5,462.12 34,000.00 34,000.00 24 Minor Change Force Account 1 LS 20,000.00 20,000.00 20,000.00 20,000.00 20,000.00 20,000.00 20,000.00 20,000.00 25 Record Drawings 1 LS 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 26 PVC Pipe for Irrigation Main 8 In. Diam 595 LF 75.00 44,625.00 33.15 19,724.25 16.37 9,740.15 35.00 20,825.00 27 Removal of Structures and Obstructions 1 LS 41,000.00 41,000.00 76,595.87 76,595.87 44,869.16 44,869.16 50,000.00 50,000.00 28 Crushed Surfacing Base Course 3,120 TON 40.00 124,800.00 23.50 73,320.00 34.56 107,827.20 18.00 56,160.00 29 Crushed Surfacing Top Course 1,290 TON 45.00 58,050.00 45.77 59,043.30 51.43 66,344.70 20.00 25,800.00 30 HMA Cl. 1/2" Pg 64-22 1,300 TON 100.00 130,000.00 80.38 104,494.00 107.88 140,244.00 105.00 136,500.00 31 Project Temporary Traffic Control 1 LS 100,000.00 100,000.00 112,751.34 112,751.34 93,385.90 93,385.90 110,000.00 110,000.00 Subtotal $3,681,735.00 $2,221,101.19 $2,325,688.42 $2,370,430.00 Washington State Sales Tax 8.6% $ 316,629.21 $ 191,014.70 $ 200,009.20 $ 203,856.98 Base Bid Total $3,998,364.21 $2,412,115.89 $2,525,697.62 $2,574,286.98 Bid Alternate B1 $ 80,000.00 $ (11,077.71) $ 25,000.00 $ (30,000.00) Bid Alternate C1 $ (150,000.00) $ (17,937.71) $ (32,000.00) $ (10,000.00) Page 164 of 166 FILE: BID DATE: FEBRUARY 28, 2017 20th Ave Safety Improvements Bid Summary.pub SHEET of 3 4 Contract No.: CP5-ST-3A-14-06 Fed. Aid No.: HSIP-3551(004) Continued from Previous Sheet CITY OF PASCO N. 20th Ave Safety Improvements Project No. 14006 FILE: BID DATE: JANUARY 11, 2019 Harris Road Sewer Transmission Main Bid Summary.pub Contract No.: CP7-SE-2A-14-02 CITY OF PASCO Harris Road Sewer Transmission Main Project No. 14001 BID SUMMARY Big D's DW Harris Road Sewer Transmission Main ENGINEER'S Apollo, Inc. Construction Excavating, Inc. Project No. 14001 ESTIMATE Kennewick, WA Pasco, WA Davenport, WA City Contract Number: CP7-SE-2A-14-02 Item Bid Security 5% Bid Bond 5% Bid Bond 5% Bid Bond No. ITEM QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Mobilization 1 LS 325,000.00 325,000.00 169,000.00 169,000.00 325,000.00 325,000.00 249,000.00 249,000.00 2 Pothole Existing Utility 8 EA 1,000.00 8,000.00 620.00 4,960.00 2,000.00 16,000.00 933.00 7,464.00 3 PVC Sanitary Sewer Pipe 30 In. Diam. 3,994 LF 275.00 1,098,350.00 190.00 758,860.00 169.00 674,986.00 212.00 846,728.00 4 PVC Sanitary Sewer Pipe 12 In. Diam. 45 LF 100.00 4,500.00 115.00 5,175.00 138.00 6,210.00 200.00 9,000.00 5 PVC Sanitary Sewer Pipe 8 In. Diam. 25 LF 250.00 6,250.00 98.00 2,450.00 110.00 2,750.00 220.00 5,500.00 6 HDPE Sanitary Sewer Pipe 36 In. Diam. 387 LF 100.00 38,700.00 135.00 52,245.00 171.00 66,177.00 226.00 87,462.00 7 Schedule A Culv. Pipe 12 In. Diam 275 LF 30.00 8,250.00 59.00 16,225.00 30.00 8,250.00 63.00 17,325.00 8 Trenchless Crossing and Casing for Sewermain (I -182) 366 LF 1,315.00 481,290.00 1,089.00 398,574.00 924.00 338,184.00 973.00 356,118.00 9 Manhole 60 In. Diam. Type 1 17 EA 20,000.00 340,000.00 5,700.00 96,900.00 9,000.00 153,000.00 7,400.00 125,800.00 10 Manhole Additional Height 60 In. Diameter 110 LF 550.00 60,500.00 100.00 11,000.00 100.00 11,000.00 117.00 12,870.00 11 Manhole 72 In. Diam. Type 1 2 EA 25,000.00 50,000.00 18,750.00 37,500.00 14,000.00 28,000.00 10,000.00 20,000.00 12 Manhole Additional Height 72 In. Diameter 9 LF 600.00 5,400.00 100.00 900.00 100.00 900.00 360.00 3,240.00 13 Gravel Backfill for Pipe Zone Bedding 2,180 TON 35.00 76,300.00 14.00 30,520.00 30.00 65,400.00 38.00 82,840.00 14 Erosion/Water Pollution Control 1 LS 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 15 Temporary Barriers 400 LF 25.00 10,000.00 35.00 14,000.00 10.00 4,000.00 28.00 11,200.00 16 Roadway Surveying 1 LS 10,000.00 10,000.00 14,700.00 14,700.00 137,200.00 137,200.00 135,000.00 135,000.00 17 Roadside Cleanup 1 LS 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 18 Trenchless Crossing and Casing for Future Watermain (I-182) 366 LF 1,100.00 402,600.00 770.00 281,820.00 565.00 206,790.00 1,328.00 486,048.00 19 Shoring or Extra Excavation Class B 1 LS 100,000.00 100,000.00 46,000.00 46,000.00 125,000.00 125,000.00 77,000.00 77,000.00 20 High Visibility Fence 520 LF 10.00 5,200.00 5.40 2,808.00 6.00 3,120.00 3.00 1,560.00 21 Plastic Line 3,800 LF 2.00 7,600.00 1.45 5,510.00 2.00 7,600.00 1.67 6,346.00 Page 165 of 166 FILE: BID DATE: FEBRUARY 28, 2017 20th Ave Safety Improvements Bid Summary.pub SHEET of 4 4 Contract No.: CP5-ST-3A-14-06 Fed. Aid No.: HSIP-3551(004) Continued from Previous Sheet CITY OF PASCO N. 20th Ave Safety Improvements Project No. 14006 FILE: BID DATE: JANUARY 11, 2019 Harris Road Sewer Transmission Main Bid Summary.pub Contract No.: CP7-SE-2A-14-02 CITY OF PASCO Harris Road Sewer Transmission Main Project No. 14001 BID SUMMARY Big D's DW Harris Road Sewer Transmission Main ENGINEER'S Apollo, Inc. Construction Excavating, Inc. Project No. 14001 ESTIMATE Kennewick, WA Pasco, WA Davenport, WA City Contract Number: CP7-SE-2A-14-02 Item Bid Security 5% Bid Bond 5% Bid Bond 5% Bid Bond No. ITEM QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 22 Plastic Stop Line 16 LF 20.00 320.00 11.00 176.00 12.00 192.00 37.00 592.00 23 Protection & Support of Existing Utilities 1 LS 100,000.00 100,000.00 284,000.00 284,000.00 112,000.00 112,000.00 30,000.00 30,000.00 24 Minor Change Force Account 1 LS 20,000.00 20,000.00 20,000.00 20,000.00 20,000.00 20,000.00 20,000.00 20,000.00 25 Record Drawings 1 LS 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 26 PVC Pipe for Irrigation Main 8 In. Diam 595 LF 75.00 44,625.00 32.00 19,040.00 24.00 14,280.00 35.00 20,825.00 27 Removal of Structures and Obstructions 1 LS 41,000.00 41,000.00 105,000.00 105,000.00 94,000.00 94,000.00 100.00 100.00 28 Crushed Surfacing Base Course 3,120 TON 40.00 124,800.00 21.50 67,080.00 18.00 56,160.00 29.00 90,480.00 29 Crushed Surfacing Top Course 1,290 TON 45.00 58,050.00 22.40 28,896.00 20.00 25,800.00 29.00 37,410.00 30 HMA Cl. 1/2" Pg 64-22 1,300 TON 100.00 130,000.00 86.85 112,905.00 80.00 104,000.00 88.85 115,505.00 31 Project Temporary Traffic Control 1 LS 100,000.00 100,000.00 56,000.00 56,000.00 136,000.00 136,000.00 155,000.00 155,000.00 Subtotal $3,681,735.00 $2,667,244.00 $2,766,999.00 $3,035,413.00 Washington State Sales Tax 8.6% $ 316,629.21 $ 229,382.98 $ 237,961.91 $ 261,045.52 Base Bid Total $3,998,364.21 $2,896,626.98 $3,004,960.91 $3,296,458.52 Bid Alternate B1 $ 80,000.00 $ 65,500.00 $ 60,000.00 $ (40,000.00) Bid Alternate C1 $ (150,000.00) $ (26,000.00) $ (55,000.00) $ (30,000.00) Page 166 of 166