HomeMy WebLinkAbout2019.02.11 Council Special Meeting PacketSpecial Meeting
AGENDA
PASCO CITY COUNCIL
6:00 p.m.
February 11, 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.
6 - 9 (a) Approval of Minutes
MOTION: To approve the minutes of the Pasco City Council Regular
Meeting dated January 22, 2019.
10 - 11 (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).
12 - 14 (c) Franklin County, Washington Multi-Hazard Mitigation Plan
To approve Resolution No. 3885 for the Franklin County, Washington
Multi-Hazard Mitigation Plan.
15 - 19 (d) 2019 Legislative Priorities - Amendment
To approve Resolution No. 3886, declaring the City's legislative priorities
(amended) for the 2019 session of the Washington State Legislature.
20 - 23 (e) Sole Source for Hurst Extrication Tools from LN Curtis and Sons
To approve Resolution No. 3887 waiving the competitive bidding
requirement and approving the purchase of battery powered extrication tools
from LN Curtis and Sons.
Page 1 of 185
Special Meeting February 11, 2019
24 - 27 (f) Final Acceptance - Oregon Ave Waterline Project
To approve Resolution No. 3888 accepting the work performed by Big D's
Construction of Tri-Cities, Inc. for the Oregon Ave Waterline Project.
28 - 31 (g) Final Acceptance - East Side Booster Pump Station
To approve Resolution No. 3889 accepting the work performed by Big D's
Construction of Tri-Cities, Inc. for the East Side Booster Pump Station
Project.
(h) Mayoral Appointment of Councilmember Milne as Liaison to the
Downtown Pasco Development Authority and Councilmember Barajas
as Alternate Liaison
To confirm the 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.
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
32 - 34 (b) General Fund Operating Statement
7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO:
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
Page 2 of 185
Special Meeting February 11, 2019
35 - 57 (a) Rivershore Reconveyance Update and Discussion
Option 1 - MOTION: I move to approve Resolution No. 3890, requesting
reconveyance of specific federally-owned park lands, unneeded flowage
easements, and openspace lands along the Columbia River to City of Pasco
ownership.
- or -
Option 2 - MOTION: I moved to approve Resolution No. 3890, requesting
reconveyance of specific federally-owned park lands, unneeded flowage
easements, openspace, and federal shoreline lands abutting private properties
along the Columbia River to City of Pasco ownership.
58 - 88 (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.
89 - 133 (c) Preliminary Plat: Cedar Flats (MF# PP 2018-009)
MOTION: I move to approve Resolution No. 3891, approving the
Preliminary Plat for Cedar Flats.
134 - 162 (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.
163 - 173 (e) ROW Vacation: Vacating a portion of Saint Thomas Drive (VAC 2019-
001)
MOTION: I move to approve Resolution No. 3892, 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.
174 - 178 (f) Notice of Public Hearing - Final Assessment Roll Chapel Hill LID
Project
MOTION: I move to approve Resolution No. 3893 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.
9. UNFINISHED BUSINESS:
Page 3 of 185
Special Meeting February 11, 2019
10. NEW BUSINESS:
179 - 185 (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.
(RC) Roll Call Vote Required
* Item not previously discussed
Q Quasi-Judicial Matter
MF# “Master File #....”
REMINDERS:
1. Monday, February 11, 11:45 a.m., Pasco Chamber of Commerce Membership
Luncheon – Pasco Red Lion Hotel.
2. Wednesday, February 13 - Thursday, February 14, All Day, Association of
Washington Cities - City Action Days Conference, Olympia, WA (MAYOR MATT
WATKINS, COUNCILMEMBERS DAVID MILNE, BLANCHE BARAJAS,
CRAIG MALONEY, RUBEN ALVARADO, AND PETE SERRANO).
3. Thursday, February 14, 7:00 a.m., BFCG Tri-Mats Policy Advisory Committee
Meeting – Ben Franklin Transit Building, 1000 Columbia Park Trail, Richland
(COUNCILMEMBER RUBEN ALVARADO, Rep.; COUNCILMEMBER PETE
SERRANO, Alt.).
4. Thursday, February 14, 7:00 p.m., Ben Franklin Transit Board Meeting – 1000
Columbia Park Trail, Richland (MAYOR MATT WATKINS, Rep.;
COUNCILMEMBER RUBEN ALVARADO, Alt.).
5. Friday, February 15, 11:30 a.m., Benton-Franklin Council of Governments Board
Meeting – Ben-Franklin Transit, 1000 Columbia Park Trail, Richland
(COUNCILMEMBER BLANCHE BARAJAS, Rep., COUNCILMEMBER RUBEN
ALVARADO, Alt.).
This meeting is broadcast live on PSC-TV Channel 191 on Charter Cable and streamed
at www.pasco-wa.gov/psctvlive.
Page 4 of 185
Special Meeting February 11, 2019
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 5 of 185
AGENDA REPORT
FOR: City Council January 28, 2019
TO: Dave Zabell, City Manager Special Meeting: 2/11/19
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 6 of 185
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 7 of 185
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 8 of 185
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 11th day of February 2019.
APPROVED: ATTEST:
Matt Watkins, Mayor Daniela Erickson, City Clerk
Page 9 of 185
AGENDA REPORT
FOR: City Council January 31, 2019
TO: Dave Zabell, City Manager Special Meeting: 2/11/19
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 10 of 185
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 11 of 185
AGENDA REPORT
FOR: City Council January 16, 2019
TO: Dave Zabell, City Manager Special Meeting: 2/11/19
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
City of Pasco. It incorporated the approved Community Wildfire Protection Plan from
Page 12 of 185
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 13 of 185
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 11th day of
February, 2019.
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
Daniela Erickson, City Clerk Leland B. Kerr, City Attorney
Page 14 of 185
AGENDA REPORT
FOR: City Council January 31, 2019
TO: Dave Zabell, City Manager Special Meeting: 2/11/19
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 15 of 185
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 16 of 185
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 17 of 185
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 18 of 185
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 19 of 185
AGENDA REPORT
FOR: City Council January 30, 2019
TO: Dave Zabell, City Manager Special Meeting: 2/11/19
FROM: Bob Gear, Fire Chief
Fire Department
SUBJECT: Sole Source for Hurst Extrication Tools from LN Curtis and Sons
I. REFERENCE(S):
Sole Source Worksheet
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
I move to approve Resolution No. ______________ waiving the competitive bidding
requirement and approving the purchase of battery powered extrication tools from LN
Curtis and Sons.
III. FISCAL IMPACT:
2019-2020 Fire Department Suppression Budget - $31,818.31
IV. HISTORY AND FACTS BRIEF:
City is authorized by RCW 39.04.280(1)(a) and RCW 39.04.280(1)(b) to waive
competitive bidding of purchases from a sole source supplier and purchases involving
special facilities.
The Pasco Fire Department is requesting sole source approval for battery powered
extrication tools, which are used to cut, lift and pry wreckage to remove victims from
entrapment or entanglement. Currently Staff utilizes a set of Hurst extrication tools
which are patented rescue tools for emergency extrication situations. Staff has been
trained on the specifics of these tools and are familiar with using them in emergency
situations. The Hurst extrication tools are compatible with existing department
equipment.
LN Curtis and Sons is the regional dealer for Hurst rescue equipment, so the tools will
be procured through this regional representative.
Page 20 of 185
This purchase has been allocated in the 2019-2020 Fire Department Suppression
budget as a capital expense.
V. DISCUSSION:
During emergency situations, familiarity with equipment plays a vital role and is
critical to mission success. The purchase of an identical set of extrication tools will
save valuable time in training and will increase speed and accuracy in life threatening
situations.Since Staff is already trained and has experience working with the Hurst
extrication tools. It will also allow interchangeability between the tools and equipment
currently in use.
Staff recommends approval of the attached Resolution authorizing acquisition of Hurst
battery powered extrication tools from LN Curtis and Sons.
Page 21 of 185
Page 22 of 185
RESOLUTION NO. _____
A RESOLUTION of the City of Pasco, Washington waiving competitive bidding
requirements and approving the acquisition of Hurst Rescue Products from LN Curtis and
Sons, the regional Hurst Dealer.
WHEREAS, the City has effectively utilized Hurst Rescue products for over 25 years; and
WHEREAS, the City is now considering the purchase of similar equipment for an additional
apparatus; and
WHEREAS, it is functionally necessary to be able to exchange/interchange this equipment and
have similar equipment for ease of maintenance and efficiencies in order to facilitate speed and accuracy
in life-saving situations; and
WHEREAS, the purchase of Hurst Rescue Products from LN Curtis will allow the City to reduce
the costs of training, implementation, utilization, and the inventory of parts by having consistency
between equipment.
WHEREAS, pursuant to RCW 39.04.280, LN Curtis and Company is the regional sole source of
Hurst Rescue Products that are interchangeable with the equipment already installed, and will allow the
City to interchange equipment;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DOES RESOLVE AS FOLLOWS:
Section 1. That the City of Pasco acquire Hurst Rescue Products from LN Curtis and Sons.
Section 2. The competitive bidding requirements for the City of Pasco are hereby waived and
the Pasco Fire Department is authorized to purchase Hurst Rescue Products. The above-described
circumstances is justification for the waiver of bidding requirements under the authority of RCW
39.04.280(1)(a) and RCW 39.04.280(1)(b) for purchases from a sole source supplier involving special
facilities, and, therefore, the bidding requirement is hereby waived for the acquisition of services from
LN Curtis and Sons.
PASSED by the City Council of the City of Pasco, Washington, this _______ day of
________, 2019.
CITY OF PASCO:
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
XXXX XXX, City Clerk Kerr Ferguson Law, City Attorney
Page 23 of 185
AGENDA REPORT
FOR: City Council January 16, 2019
TO: Dave Zabell, City Manager Special Meeting: 2/11/19
FROM: Steve Worley, Director
Public Works
SUBJECT: Final Acceptance - Oregon Ave Waterline Project
I. REFERENCE(S):
Vicinity Map
Resolution
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. ____________ accepting the work
performed by Big D's Construction of Tri-Cities, Inc. for the Oregon Ave Waterline
Project.
III. FISCAL IMPACT:
2015 Water Revenue Bond - $1,543,717
IV. HISTORY AND FACTS BRIEF:
The need for this project became apparent during consideration of the Oregon Avenue
Safety Improvements project. Because of the extent of the improvements anticipated, it
made sense to consider the underground utilities to reduce the chance of disturbing the
new surface work to repair old underground infrastructure that are nearing the end of
their useful life cycle.
The existing water main in Oregon Avenue consists of various sizes and materials
including a significant amount of older cast iron with lead joints, which have a history
of leaking. This project replaced the main line in Oregon Avenue from 'A' Street to
James Street, in advance of the road-widening. In addition, a benefit of replacing the
pipe has increased of capacity, which improves both domestic service, as well as fire
protection, in this area.
Page 24 of 185
The project involved the installation of approximately 7,300 linear feet of 16 -inch
ductile iron water main, and the replacement of existing services, hydrants and
crossings, as well as the addition of new hydrants and services where needed, within
the Oregon Avenue corridor.
The project bid was awarded to Big D's Construction of Tri -Cities, Inc. out of Pasco,
WA on February 16, 2016 in the amount of $1,091,826.93 by Council action. The
project is complete and constructed per specifications. Final construction costs were
$1,203,014.35, which includes four change orders in the amount of $87,025.55.
Formal acceptance of the project by the City is required by State law and starts a 45-
day waiting period within which an outside vendor, supplier or laborer would have an
opportunity to file a claim against this project pursuant to RCW 60.28.011 (2). After 45
days, the retainage being held by the City can be released, once the City has received
the following documents:
• An affidavit of no liens;
• A release from the Department of Revenue that all taxes have been paid; and
• A release from any claims from the Department of Labor and Industries,
pursuant to RCW 60.28.051.
V. DISCUSSION:
Staff recommends the City Council's acceptance of the project as constructed by Big
D's Construction of Tri-Cities, Inc.
Page 25 of 185
\ /
PROJECT LOCATION:
VICINITY MAP
SCALE: NONE
Page 26 of 185
RESOLUTION NO. ____________
A RESOLUTION ACCEPTING WORK PERFORMED BY BIG D'S
CONSTRUCTION OF TRI-CITIES, INC., UNDER CONTRACT FOR THE OREGON AVE
WATERLINE PROJECT.
WHEREAS, the work performed by Big D's Construction of Tri-Cities, Inc., under
contract for the Oregon Ave Waterline project has been examined by Engineering and has been
found to be in apparent compliance with the applicable project specifications and drawings, and
WHEREAS, it is Engineering’s recommendation that the City of Pasco formally accept
the contractor’s work and the project as complete; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the
City Council concurs with Engineering’s recommendation and thereby accepts the work
performed by Big D's Construction of Tri-Cities, Inc.., under contract for Oregon Ave Waterline
project, as being completed in apparent conformance with the project specifications and
drawings, and
Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington
State Department of Revenue of this acceptance, and
Be It Further Resolved, that the final payment of retainage being withheld pursuant to
applicable laws, regulations and administrative determination shall be released upon satisfaction
of same and verification thereof by the Public Works Director and Finance Director.
PASSED by the City Council of the City of Pasco this 11th day of February, 2019.
_____________________________
Matt Watkins
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ __________________________
Daniela Erickson Kerr Ferguson Law LLC
City Clerk City Attorney
Page 27 of 185
AGENDA REPORT
FOR: City Council February 1, 2019
TO: Dave Zabell, City Manager Special Meeting: 2/11/19
FROM: Steve Worley, Director
Public Works
SUBJECT: Final Acceptance - East Side Booster Pump Station
I. REFERENCE(S):
Vicinity Map
Resolution
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. ____________ accepting the work
performed by Big D's Construction of Tri-Cities, Inc. for the East Side Booster Pump
Station Project.
III. FISCAL IMPACT:
2015 Water Revenue Bond - $1,135,421
IV. HISTORY AND FACTS BRIEF:
The East Side Booster Pump Station (BPS) is located adjacent to City Fire Department
#81 at 310 North Oregon Avenue. This pump station is necessary to increase potable
water pressure in the East Pasco area for domestic water service and fire flow.
Major elements of the BPS were approaching or exceeding their useful life cycle which
was being demonstrated through decreased reliability and increased maintenance.
Additionally, commercial and residential growth within the BPS service area had
exceeded the original design parameters of the facility.
The project involved expanding the existing East Side BPS facility, including
replacement of the existing diesel engine fire pum p with two new electric motor-driven
pumps equipped with variable frequency drives (VFDs), installation of a suction pipe
gallery, and other improvements to the facility.
Page 28 of 185
The project bid was awarded to Big D's Construction of Tri -Cities, Inc. out of Pasco,
WA on February 1, 2016 in the amount of $843,044.42 by Council action. The project
is complete and constructed per specifications. Final construction costs were
$843,523.97, which includes one change order in the amount of $22,199.55.
Formal acceptance of the project by the City is required by State law and starts a 45 -
day waiting period within which an outside vendor, supplier or laborer would have an
opportunity to file a claim against this project pursuant to RCW 60.28.011 (2). After 45
days, the retainage being held by the City can be released, once the City has received
the following documents:
• An affidavit of no liens;
• A release from the Department of Revenue that all taxes have been paid; and
• A release from any claims from the Department of Labor and Industries,
pursuant to RCW 60.28.051.
V. DISCUSSION:
Staff recommends the City Council's acceptance of the project as constructed by Big
D's Construction of Tri-Cities, Inc.
Page 29 of 185
Page 30 of 185
RESOLUTION NO. ____________
A RESOLUTION ACCEPTING WORK PERFORMED BY BIG D'S
CONSTRUCTION OF TRI-CITIES, INC., UNDER CONTRACT FOR THE EAST SIDE
BOOSTER PUMP STATION PROJECT.
WHEREAS, the work performed by Big D's Construction of Tri-Cities, Inc., under
contract for the East Side Booster Pump Station project has been examined by Engineering and
has been found to be in apparent compliance with the applicable project specifications and
drawings, and
WHEREAS, it is Engineering’s recommendation that the City of Pasco formally accept
the contractor’s work and the project as complete; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the
City Council concurs with Engineering’s recommendation and thereby accepts the work
performed by Big D's Construction of Tri-Cities, Inc., under contract for East Side Booster Pump
Station project, as being completed in apparent conformance with the project specifications and
drawings, and
Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington
State Department of Revenue of this acceptance, and
Be It Further Resolved, that the final payment of retainage being withheld pursuant to
applicable laws, regulations and administrative determination shall be released upon satisfaction
of same and verification thereof by the Public Works Director and Finance Director.
PASSED by the City Council of the City of Pasco this 11th day of February, 2019.
_____________________________
Matt Watkins
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ __________________________
Daniela Erickson Kerr Ferguson Law LLC
City Clerk City Attorney
Page 31 of 185
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 32 of 185
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
$50,000
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DECThousands2018 CUMULATIVE GENERAL FUND REVENUE & EXPENDITURES
2018 Cumulative Revenue 2018 Cumulative Expenditures 4‐Yr Average Rev 4‐Yr Average Exp
Page 33 of 185
Recipient Contract/Purchase Name Amount Amendment Contract Total Execution Date Expiration Date Lingeman Valuation & Consulting On-Call Municipal Real Estate Services (PSA) 100,000.00$ -$ 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 34 of 185
AGENDA REPORT
FOR: City Council January 23, 2019
TO: Dave Zabell, City Manager Special Meeting: 2/11/19
FROM: Zach Ratkai, Director
Administrative & Community Services
SUBJECT: Rivershore Reconveyance Update and Discussion
I. REFERENCE(S):
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 lands, unneeded flowage easements,
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 lands, unneeded flowage easements,
openspace, and federal shoreline lands abutting private properties 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, 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 35 of 185
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 no longer needed for flood control.
- 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 TR IDEC as soon as possible in order to
facilitate the drafting legislation for consideration by 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 36 of 185
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, REQUESTING
RECONVEYANCE OF SPECIFIC FEDERALLY-OWNED LANDS ALONG
AND IN THE VICINITY OF 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, upstream facilities have been constructed and
construction and management of the McNary and John Day infrastructure controlling the
Columbia River is now a refined practice that has changed the hydrology of the river such
that its flow is generally static, predictable and not subject to the threats of dynamic
fluctuations; and,
WHEREAS, the City of Pasco supports local ownership and control over these
shore lands to provide for improved opportunities for limited economic development and
enhanced recreational uses; and,
WHEREAS, the City of Pasco is engaged in the active management and
maintenance of park lands 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
United States-owned parcels, as well as additional lands for the purpose of open space,
recreation, and parks purposes, with the exception of officially designated levee structures
or flood control infrastructure, as described in Exhibit A attached hereto; and,
WHEREAS, the City of Pasco reserves the right to amend the acquisition of
desired parcels after all conditions are made known; and,
WHEREAS, the City of Pasco commits itself to formal and robust consultation
with all applicable formally-recognized tribal nations during both the conveyance and
potential development process; and,
WHEREAS, the City of Pasco wishes to assure the public that conveyance of
Federally-owned lands through any associated legislation will only change the ownership
of such lands and that the City is committed to adherence to all local, State and Federal
laws and regulations pertaining to the maintenance, improvement or disturbance of
reconveyed federal lands;
Page 37 of 185
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
PASSED by the City Council of the City of Pasco this _____ day of _____________, 2019.
_____________________________
Matt Watkins
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Daniela Erickson Kerr Law Group
City Clerk City Attorney
Page 38 of 185
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 Federally-owned Offshore Parcel
118442116 Federally-owned Offshore Parcel
119111041 Federally-owned Offshore Parcel
118581054 Federally-owned Offshore Parcel
118612029 Federally-owned Offshore Parcel
118572377 Federally-owned Offshore Parcel
126160065 Non-Designated Open Space
Page 39 of 185
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, REQUESTING
RECONVEYANCE OF SPECIFIC FEDERALLY-OWNED LANDS ALONG
AND IN THE VICINITY OF 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, upstream facilities have been constructed and
construction and management of the McNary and John Day infrastructure controlling the
Columbia River is now a refined practice that has changed the hydrology of the river such
that its flow is generally static, predictable and not subject to the threats of dynamic
fluctuations; and,
WHEREAS, the City of Pasco supports local ownership and control over these
shore lands to provide for improved opportunities for limited economic development and
enhanced recreational uses; and,
WHEREAS, the City of Pasco is engaged in the active management and
maintenance of park lands 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
United States owned parcels and additional lands for the purpose of open space, recreation,
and parks purposes, as well as all remaining federally-owned lands abutting private parcels
with the exception of officially designated levee structures or flood control infrastructure,
as described in Exhibit A attached hereto; and,
WHEREAS, the City of Pasco reserves the right to amend the acquisition of
desired parcels after all conditions are made known; and,
WHEREAS, the City of Pasco commits itself to formal and robust consultation
with all applicable formally-recognized tribal nations during both the conveyance and
potential development process; and,
WHEREAS, the City of Pasco wishes to assure the public that conveyance of
Federally-owned lands through any associated legislation will only change the ownership
of such lands and that the City is committed to adherence to all local, State and Federal
laws and regulations pertaining to the maintenance, improvement or disturbance of
reconveyed federal lands;
Page 40 of 185
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 Urban Growth Area; 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
deemed by the U.S. Army Corps of Engineers as unnecessary.
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
PASSED by the City Council of the City of Pasco this ____ day of ____________, 2019.
_____________________________
Matt Watkins
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Daniela Erickson Kerr Law Group
City Clerk City Attorney
Page 41 of 185
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 Federally-owned Offshore Parcel
118442116 Federally-owned Offshore Parcel
119111041 Federally-owned Offshore Parcel
118581054 Federally-owned Offshore Parcel
118612029 Federally-owned Offshore Parcel
118572377 Federally-owned Offshore Parcel
126160065 Non-Designated Open Space
Requires Survey Prior to Conveyance Federal Parcels Abutting Private Property
Page 42 of 185
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Page 50 of 185
USACE Without Reconveyance USACE With Reconveyance
NEPA NEPA
Fish & Wildlife Coordination Act Fish & Wildlife Coordination Act
Endangered Species Act Endangered Species Act
National Historic Preservation Act National Historic Preservation Act
Tribal Nation Consultation Tribal Nation ConsultationPage 51 of 185
USACE Without Reconveyance*USACE With Reconveyance*
NEPA NEPA
Fish & Wildlife Coordination Act Fish & Wildlife Coordination Act
Endangered Species Act Endangered Species Act
National Historic Preservation Act National Historic Preservation Act
Tribal Nation Consultation Tribal Nation Consultation
USACE Permission
*Some exemptions may applyPage 52 of 185
City of Pasco –Without
Reconveyance
City of Pasco –Reconveyance
SEPA SEPA
SHPO Regulations/Review SHPO Regulations/Review
USACE Permission
Pasco SMP
•Critical Area Ordinance
•Development Permits
•Tribal Nation Consultation
Pasco SMP
•Critical Area Ordinance
•Development Permits
•Tribal Nation ConsultationPage 53 of 185
Shoreline Jurisdiction = 200’ Landward of OHWM
Shoreline Jurisdictions are “Critical Areas”
No Net Loss of Ecologic Function
•Width of Buffers Vary
Activities Within Buffers RegulatedPage 54 of 185
Critical Area Study/Mapping
•Survey Existing Conditions
•Biologic Inventory
•Ecologic Inventory
SEPA
•Referral to Agencies with Jurisdiction
Mitigation Sequencing
•Avoid
•Minimize
•Rectify
•Eliminate
•Compensate
•Monitor
Local Approval/Denial State Approval as Applicable
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Review/Update
•Public Participation Plan
•Shoreline Inventory
•Shoreline Functions
•Shoreline Inventory, Analysis, Characterization
•Shoreline Environmental Designations
•Cumulative Impact Analysis
Revise SMP
As Applicable
•SEPA Analysis
Local Approval
•Planning Commission
•City Council
Submittal to Dept. of Ecology
•Revise as necessary
Council Adoption
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AGENDA REPORT
FOR: City Council January 30, 2019
TO: Dave Zabell, City Manager
Rick White, Director
Community & Economic Development
Special Meeting: 2/11/19
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:
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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.
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Item:Rezone -Cedar Flats R-2 to R-3
Applicant:Knutzen Engineering
File #2 Z 2018-O08
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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
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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.
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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
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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.
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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.
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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.
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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
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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:
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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.
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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.
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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.
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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.
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AGENDA REPORT
FOR: City Council January 28, 2019
TO: Dave Zabell, City Manager
Rick White, Director
Community & Economic Development
Special Meeting: 2/11/19
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.
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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.
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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.
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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
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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
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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.
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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.
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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.
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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.
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• 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).
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• 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
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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.
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(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.
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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.
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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
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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
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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.
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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.
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• 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
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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.
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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
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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.
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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.
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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.
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AGENDA REPORT
FOR: City Council January 29, 2019
TO: Dave Zabell, City Manager
Rick White, Director
Community & Economic Development
Special Meeting: 2/11/19
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:
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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.
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Item:R0ApplicantVicinityellRezone-C-1toC-3HowardRowell/RowellLivi018-009\\§_.?1,,.Page 136 of 185
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,
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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
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“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
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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;
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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 ________________.
* * * *
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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 143 of 185
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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
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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.
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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.
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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 147 of 185
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 148 of 185
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 149 of 185
“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 150 of 185
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 151 of 185
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 ________________.
* * * *
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Looking WestPage 160 of 185
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 161 of 185
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 162 of 185
AGENDA REPORT
FOR: City Council January 29, 2019
TO: Dave Zabell, City Manager
Rick White, Director
Community & Economic Development
Special Meeting: 2/11/19
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.
Page 163 of 185
V. DISCUSSION:
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 164 of 185
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 the 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, the right -of-way bulb at the most western end of Saint T homas 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, the 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 parking 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 165 of 185
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 of 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 11th day of February, 2019.
_____________________________
Matt Watkins
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Daniela Erickson Leland B. Kerr
City Clerk City Attorney
Page 166 of 185
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 167 of 185
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 168 of 185
Page 169 of 185
Page 170 of 185
Page 171 of 185
Page 172 of 185
Page 173 of 185
AGENDA REPORT
FOR: City Council January 28, 2019
TO: Dave Zabell, City Manager Special Meeting: 2/11/19
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 174 of 185
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 175 of 185
Page 176 of 185
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 11th day of February, 2019.
Matt Watkins, Mayor
ATTEST:
Daniela Erickson, City Clerk
APPROVED AS TO FORM:
Kerr, Ferguson Law, PLLC.
Page 177 of 185
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 member’s present voted in the proper manner for the adoption of
the Resolution.
IN WITNESS WHEREOF, I have hereunto set my hand this 11th day of February, 2019.
CITY OF PASCO, WASHINGTON
Daniela Erickson, City Clerk
Page 178 of 185
AGENDA REPORT
FOR: City Council January 29, 2019
TO: Dave Zabell. City Manager Special Meeting: 2/11/19
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 179 of 185
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 180 of 185
PROJECT VICINITY MAP
HARRIS R OAD
Page 181 of 185
Page 182 of 185
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 183 of 185
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 184 of 185
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 185 of 185