HomeMy WebLinkAbout2021.08.16 Council Meeting Packet
AGENDA
City Council Regular Meeting
7:00 PM - Monday, August 16, 2021
City Council Chambers & GoToWebinar
Page
1. MEETING INSTRUCTIONS for REMOTE ACCESS - Governor Inslee's
Heathy Washington - Roadmap to Recovery, Phase 3 made in response to
the COVID-19 emergency, currently allows for partial "in-person" meetings.
Members of the public wishing to attend City Council meetings in-person will
need to follow the Governor's protocol outlined in Proclamation No. 20-28.15.
Individuals, who would like to provide public comment remotely, may continue
to do so by filling out the online form via the City’s website (www.pasco-
wa.gov/publiccomment) to obtain access information to comment. Requests
to comment in meetings must be received by 4:00 p.m. on the day of each
meeting.
To listen to the meeting via phone, call (213) 929-4212 and use access code
398-399-253.
City Council meetings are broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-
wa.gov/psctvlive and on the City’s Facebook page at
www.facebook.com/cityofPasco.
2. CALL TO ORDER
3. ROLL CALL
(a) Pledge of Allegiance
4. 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 - 16 (a) Approval of Meeting Minutes
Page 1 of 191
To approve the minutes of the Pasco City Coun cil Meeting held on
August 2, 2021, and Special Meeting & Workshop held on August 9,
2021.
17 - 19 (b) Bills and Communications
To approve claims in the total amount of $4,747,563.04 ($2,406,539.10
in Check Nos. 243155-243383; $1,376,480.97 in Electronic Transfer
Nos. 832764-832765, 832827-832835, 832840-832842, 832845,
832885; $23,291.80 in Check Nos. 53689-53710; $941,241.17 in
Electronic Transfer Nos. 30164003-30164559; $10.00 in Electronic
Transfer Nos. 816).
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 $214,674.37 and, of that amount, authorize $0.00 to be turned over
for collection.
20 - 34 (c) Resolution - Amendment No. 2 to Interlocal Agreement with Port
of Pasco for Argent Road Project
To approve Resolution No. 4086, authorizing the City Manager to
execute Amendment No. 2 for the Interlocal Agreement (ILA) with the
Port of Pasco (Port) relating to the Argent Road project.
35 - 43 (d) Reapprove Resolution - American Rescue Plan Act (ARPA) Funds
for Utility Assistance Program & Agreement with Basin Disposal
Inc.
To reapprove Resolution No. 4085, approving an agreement with the
Basin Disposal Inc. of Franklin County for the Utility Assistance
Program with American Rescue Plan Act funds.
44 - 48 (e) *Reappointment to the Tri-City Regional Hotel/Motel Commission
To confirm the reappointment of Monica Hammerberg (Hampton Inn &
Suites) to the Tri-City Regional Hotel/Motel Commission for a two-year
term commencing on September 1, 2021 and ending August 31, 2023.
(RC) MOTION: I move to approve the Consent Agenda as read.
5. PROCLAMATIONS AND ACKNOWLEDGEMENTS
6. 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 i mmediate
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
Page 2 of 191
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.
7. REPORTS FROM COMMITTEES AND/OR OFFICERS
(a) Verbal Reports from Councilmembers
8. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO
49 - 51 (a) Public Hearing and Ordinance - Cox Family Land LLC Annexation
CONTINUE the scheduled public hearing to the next regular City
Council meeting.
MOTION: I move to continue the scheduled public hearing on the
proposed annexation to the next regular City Council meeting
scheduled for September 7, 2021..
9. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
52 - 86 (a) *Q Ordinance - Broadmoor Properties LLC Rezone RT to C‐1 (Z
2021‐006)
MOTION: I move to adopt Ordinance No. 4542, rezoning the north 600
feet of Lots 4 & 5 of Record Survey #1932652 from RT to C-1, and
further, authorize publication by summary only.
87 - 122 (b) *Q Ordinance - LFRE Fielding Midland Lane Rezone C-1 to R-4 (Z
2021-007)
MOTION: I move to adopt Ordinance No. 4543, rezoning Lots 12, 13,
and 14 of Binding Site Plan 2002-005 from C-1 to R-4, and further,
authorize publication by summary only.
123 - 155 (c) *Q Ordinance - LFRE Fielding Road 92 Rezone C-1 to R-4 (Z 2021-
008)
MOTION: I move to adopt Ordinance No. 4544, rezoning Lot 22, Cole's
Estates; in the NW 1/4 of Section 8, Township 9 North, Range 29 East,
Willamette Meridian, Pasco, Franklin County, Washington, from C-1 to
R-4 and further, authorize publication by summary only.
10. UNFINISHED BUSINESS
156 - 185 (a) Danilyuk Short Plat Sewer Service Requirement Appeal (APPL
2021-001) Continued from July 19, 2021 Council Meeting
Page 3 of 191
CONTINUE THE APPEAL HEARING
MOTION: I move to deny the the sewer waiver appeal based on the
applicant's failure to meet the standard requirements found in the
Pasco Municipal Code Chapter 16.15.
11. NEW BUSINESS
12. MISCELLANEOUS DISCUSSION
13. EXECUTIVE SESSION
14. ADJOURNMENT
15. ADDITIONAL NOTES
(a) (RC) Roll Call Vote Required
* Item not previously discussed
Q Quasi-Judicial Matter
MF# “Master File #....”
186 - 191 (b) Adopted 2020-2021 Council Goals (Reference Only)
(c) REMINDERS
• Monday, August 16, 6:00 PM: LEOFF Disability Board – City
Hall Conference Room 1, Pasco City Hall (MAYOR SAUL
MARTINEZ, Rep.; MAYOR PRO TEM BLANCHE BARAJAS,
Alt.)
• Tuesday, August 17, 4:00 PM: Pasco Public Facilities
District Board Meeting – Council Chambers, Pasco City Hall
(COUNCILMEMBER CRAIG MALONEY, Rep.;
COUNCILMEMBER DAVID MILNE, Alt.)
• Wednesday, August 18, 5:30 PM: Benton, Franklin & Walla
Walla Counties Good Roads & Transportation Association
Meeting – Clover Island Inn, Kennewick
(COUNCILMEMBER RUBEN ALVARADO, Rep.; MAYOR
SAUL MARTINEZ, Alt.)
• Friday, August 20, 10:00 AM: Benton-Franklin Council of
Governments Board Meeting – Ben-Franklin Transit, 1000
Columbia Park Trail, Richland (COUNCILMEMBER RUBEN
ALVARADO, Rep., MAYOR PRO TEM BLANCHE BARAJAS,
Alt.)
This meeting is broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at
www.pasco-wa.gov/psctvlive.
Page 4 of 191
Audio equipment available for the hearing impaired; contact the
Clerk for assistance.
Servicio de intérprete puede estar disponible con aviso. Por favor
avisa la Secretaria Municipal dos días antes para garantizar la
disponibilidad. (Spanish language interpreter service may be
provided upon request. Please provide two business day's notice
to the City Clerk to ensure availability.)
Page 5 of 191
AGENDA REPORT
FOR: City Council August 11, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 8/16/21
FROM: Debby Barham, City Clerk
Administrative & Community Services
SUBJECT: Approval of Meeting Minutes
I. REFERENCE(S):
8.2.21 & 8.9.21 Draft Council Minutes
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve the minutes of the Pasco City Coun cil Meeting held on August 2,
2021, and Special Meeting & Workshop held on August 9, 2021.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 6 of 191
MINUTES
City Council Regular Meeting
7:00 PM - Monday, August 2, 2021
City Council Chambers & GoToWebinar
CALL TO ORDER
The meeting was called to order at 7:00 PM by Saul Martinez, Mayor.
ROLL CALL
Councilmembers present: Blanche Barajas, Craig Maloney, Saul
Martinez, David Milne, Zahra Roach, and Pete Serrano.
Councilmembers absent: Ruben Alvarado.
Staff present: Dave Zabell, City Manager; Adam Lincoln, Deputy City
Manager; Colleen Chapin, Human Resources Director; Eric Ferguson,
City Attorney; Bob Gear, Fire Chief; Zach Ratkai, Administrative &
Community Services Director; Richa Sigdel, Finance Director; Rick White,
Community & Economic Development Director; Steve Worley, Public
Works Director; and Debby Barham, City Clerk.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA
Approval of Meeting Minutes
To approve the minutes of the Pasco City Council Meeting held on July
19, 2021 and Workshop held on July 26, 2021.
Bills and Communications
To approve claims in the total amount of $3,818,203.49 ($2,037,861.79
in Check Nos. 242882-243154; $858,332.96 in Electronic Transfer Nos.
832394-832412, 832414-832468, 832483-832511, 832514-832575,
832577-832582, 832585-832614, 832617-832657, 832659-832706,
832712-832717, 832719; $23,700.60 in Check Nos. 53665-53688;
Page 1 of 5Page 7 of 191
$898,225.36 in Electronic Transfer Nos. 30163458 -30164002; $82.78 in
Electronic Transfer Nos. 809).
Resolution - Amendment No. 3 to Professional Services Agreement
for the West Pasco Water Treatment Plant Expansion Phase 1 with
RH2 Engineering
To approve Resolution No.4081, authorizing execution of Amendment
No. 3 for the Professional Services Agreement (PSA) with RH2
Engineering, Inc. for the West Pasco Water Treatment Plant (WPWTP)
Improvements.
Resolution - Bid Rejection: Burns Road Pathway Phase 1 -
Broadmoor Boulevard (Road 100) to Road 90 Project
To approve Resolution No. 4082, rejecting all bids, for Bid No. 20012, for
the Burns Road Pathway Phase 1 project (Broadmoor Boulevard [Road
100] to Road 90).
MOTION: Mayor Pro Tem Barajas moved to approve the Consent
Agenda as read. Mr. Milne seconded. Motion carried by unanimous Roll
Call vote.
PROCLAMATIONS AND ACKNOWLEDGEMENTS
Mayor Martinez announced the award from the Washington State
Department of Ecology to the City of Pasco's Wastewater Treatment Plant
(WWTP) for the "2020 Wastewater Treatment Plant Outstanding
Performance" award. He expressed thanks to the City staff that works in
the WWTP and also manages it.
Mr. Zabell added that the City's WWTP is very complex and the facility is
currently being upgraded. He also expressed gratitude to the staff for their
efforts in maintaining the facility and for receiving this award seven (7)
years in a row.
VISITORS - OTHER THAN AGENDA ITEMS
Ms. Valdez, Pasco resident, expressed concern about the Code
Enforcement Division and inquired on how to access Code Enforcement
information as she stated that her home is located in a zone that does not
allow for residential facilities.
Mayor Martinez directed Mr. White to respond to Ms. Valdez's concern
regarding the zoning issue related to her home.
Mr. Feldman, Kennewick resident and property owner within Pasco, also
spoke about the zoning issue Ms. Valdez was experiencing, as well as
Page 2 of 5Page 8 of 191
other Code Enforcement issues and would like to submit a formal
complaint.
Mr. Perales, Pasco resident, expressed concern about the new concrete
curb located near the intersection of Wrigley Drive and Convention Drive.
He then spoke about his proposal for Council to formally ban Local
Income Tax within the City of Pasco.
REPORTS FROM COMMITTEES AND/OR OFFICERS
Verbal Reports from Councilmembers
Mr. Milne commented on a recent meeting he participated in and the
actions taken to support the City of Pasco's sister city located in Colima,
Mexico.
Ms. Roach announced the roll-out of Visit Tri-Cities realignment of their
membership to match their mission and vision promoting tourism. She
also stated that Visit Tri-Cities will start their long range strategic planning
process in the near future.
General Fund Monthly Report - June 2021
Ms. Sigdel provided a brief overview of the June 2021 General F und
report.
Council and staff briefly discussed status of the ARPA funding and the
process for allocating those funds.
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
Resolution - Professional Services Agreement with RH2 Engineering
- Process Water Reuse Facility (PWRF) Pretreatment Improvements
Phase 2: Winter Storage
Mr. Worley provided a brief report for the proposed agreement for the
PWRF Pretreatment Improvements Phase 2 Project with RH2
Engineering.
MOTION: Mayor Pro Tem Barajas moved to approve Resolution No.
4083, authorizing the City Manager to execute the Professional Services
Agreement (PSA) with RH2 Engineering for the Process Water Reuse
Facility (PWRF) Pretreatment Improvements Phase 2: Winter Storage
project. Mr. Milne seconded. Motion carried unanimously.
Resolution - Setting a Public Hearing Date for Big Apple Travel Stop
Street Vacation - Portion of Rainier Avenue
Page 3 of 5Page 9 of 191
Mr. White provided a brief report regarding the proposed street vacation
and the requirement of Council setting a public hearing for it.
MOTION: Mayor Pro Tem Barajas moved to approve Resolution
No.4084, setting 7:00 PM, September 7, 2021 as the time and date for a
public hearing to consider the vacation of a portion of Rainier Avenue. Mr.
Milne seconded. Motion carried unanimously.
UNFINISHED BUSINESS
Danilyuk Short Plat Sewer Service Requirement Appeal (APPL 2021-
001) Continued from July 19, 2021 Council Meeting
Mr. White briefed Council on the status of looking for alternative sewer
line routes that may be cost effective for the property owners; as well as
explaining that additional time is needed to complete the analysis of the
potential alternative sewer line routes.
MOTION: Mayor Pro Tem Barajas moved to continue the Appeal Hearing
until the August 16, 2021 Regular Council Meeting. Mr. Milne sec onded.
Motion carried unanimously.
MISCELLANEOUS DISCUSSION
Mr. Zabell announced that due to the significant increase in COVID-19
cases within the community, the City has revised its mandate for wearing
masks within City facilities for both vaccinated and non-vaccinated
individuals following the local and state Departments of Health.
Fire Chief Gear reported on the Delta variant of COVID-19 and the drastic
increase in cases within the community, as well as noting several Fire
Department staff were inflicted with the virus. He also discussed the
status of the local hospitals noting that all hospitals are near full or at
capacity and that it may take up to four or more hours to be treated in the
emergency rooms.
Mr. Maloney asked if there was an opportunity to use ARPA funding for
hazard pay for staff or the possibility of bringing back retired staff to fill in
while first responders are out due to the coronavirus.
Additional discussion regarding the COVID-19 testing site continued.
Mayor Martinez encouraged everyone to get vaccinated and if there is still
a concern about the vaccine and its possible side effects, to contact the
Benton Franklin Health District to get their questions answered.
Page 4 of 5Page 10 of 191
Mr. Zabell commented on ARPA funding allocations for the small
business support program and the utility assistance program.
Mr. Zabell announced that National Night Out is still scheduled for
Tuesday, August 3, 2021; however, the Family Fun Night originally
scheduled for August 3, 2021 was rescheduled to August 30 due to the
hazardous air quality outside due to the smo ke settling in the area from
wildfires located in Oregon.
Mr. Maloney asked that Mr. Zabell provide an update on the Emergency
Proclamations.
Mr. Zabell stated that the Emergency Proclamations are active until either
the Governor's emergency orders are remanded or by the end of the year.
However, staff will be reviewing all of the emergency proclamations over
the next few weeks and will bring any recommended changes to the
Mayor and Council for review and take action on.
ADJOURNMENT
There being no further business, the meeting was adjourned at 8:03 PM.
PASSED and APPROVED this ____ day of ________________, 20__.
APPROVED: ATTEST:
Saul Martinez, Mayor Debra Barham, City Clerk
Page 5 of 5Page 11 of 191
MINUTES
City Council Special Meeting
7:00 PM - Monday, August 9, 2021
City Council Chambers & GoToWebinar
CALL TO ORDER
The meeting was called to order at 7:00 PM by Saul Martinez, Mayor.
RECESS
Mayor Martinez called a short recess to fix a sound issue with the Council
Chambers microphones.
Mayor Martinez resumed the meeting at 7:21 PM.
ROLL CALL
Councilmembers present: Ruben Alvarado, Blanche Barajas, Craig
Maloney, Saul Martinez, David Milne, Zahra Roach, and Pete Serrano.
Staff present: Dave Zabell, City Manager; Adam Lincoln, Deputy City
Manager; Craig Briggs, Acting City Attorney; Ed Dunbar, Deputy Fire
Chief; Bob Gear, Fire Chief; Zach Ratkai, Administrative & Community
Services Director; Ken Roske, Police Chief; Richa Sigdel, Finance
Director; Rick White, Community & Economic Development Director;
Steve Worley, Public Works Director; and Debby Barham, City Clerk.
The meeting was opened with the Pledge of Allegiance.
NEW BUSINESS
Resolution - American Rescue Plan Act (ARPA) Funds for Utility
Assistance Program & Agreement with Basin Disposal Inc.
Ms. Sigdel provided a brief report related to the proposed agreement with
Basin Disposal Inc. (BDI) for the Utility Assistance Program using ARPA
funding.
Page 1 of 2Page 12 of 191
MOTION: Mayor Pro Tem Barajas moved to approve Resolution No.
4085, approving an agreement with the Basin Disposal Inc. of Franklin
County for the Utility Assistance Program with American Rescue Plan Act
funds. Mr. Serrano seconded. Motion carried unanimously.
Ms. Sigdel also provided an update on the status of the other two Utility
Assistance Programs including customer assistance for the City's utilities
and Franklin PUD's utility and the outreach efforts performed by the City
staff.
ADJOURNMENT
There being no further business, the meeting was adjourned at 7:26 PM.
PASSED and APPROVED this __ day of ________________, 20__.
APPROVED: ATTEST:
Saul Martinez, Mayor Debra Barham, City Clerk
Page 2 of 2Page 13 of 191
MINUTES
City Council Workshop Meeting
7:10 PM - Monday, August 9, 2021
City Council Chambers & GoToWebinar
CALL TO ORDER
The meeting was called to order at 7:26 PM by Saul Martinez, Mayor.
ROLL CALL
Councilmembers present: Ruben Alvarado, Blanche Barajas, Craig
Maloney, Saul Martinez, David Milne, Zahra Roach, and Pete Serrano.
Staff present: Dave Zabell, City Manager; Adam Lincoln, Deputy City
Manager; Craig Briggs, Acting City Attorney; Ed Dunbar, Deputy Fire
Chief; Bob Gear, Fire Chief; Zach Ratkai, Administrative & Community
Services Director; Ken Roske, Police Chief; Richa Sigdel, Finance
Director; Rick White, Community & Economic Development Director;
Steve Worley, Public Works Director; and Debby Barham, City Clerk.
VERBAL REPORTS FROM COUNCILMEMBERS
Mayor Pro Tem Barajas expressed thanks to the Pasco Police and Fire
Departments staff for their contributions for the successful National Night
Out events throughout the City of Pasco.
Mr. Alvarado commented on the successful National Night Out block party
held within his Council District. He also commented on the Ben Franklin
Transit Board meeting he recently attended.
Mayor Martinez also commented on the National Night Out activities.
Mr. Maloney commented on a Tri-Cities Regional Chamber of Commerce
meeting he attended earlier in the day where there was discussion on the
"myTRI 2030" efforts and how the region can fund some of those projects.
He stated that there was also discussion regarding the Pasco Public
Facilities District's efforts in funding an Aquatic Facility. The other
attendees expressed support of this facility within Pasco.
Page 1 of 3Page 14 of 191
ITEMS FOR DISCUSSION
Update on Police Reform Legislation - Impacts on Pasco Police &
Fire Departments
Police Chief Roske provided an update regarding the impacts of the 2021
Washington State Legislature's State House Bills (HB) and Senate Bills
(SB) are having on the Pasco Police Department (Pasco PD), how these
mandates affect the Pasco Fire Department, as well as how it affects the
general public.
Both Chief Roske and Mr. Briggs provided additional details related to HB
1054 - Police Tactics, HB 1310 - Use of Force, SB 5476 - Blake Decision,
and HB-5051-Decertification.
Mr. Zabell also mentioned how the Washington State Legislative House
Bills affect the Fire & Emergency Services Department staff as they are
deployed to respond to various incidents.
Council and staff discussed various aspects of the House and Senate
Bills in greater detail through out staff's presentation and Council
expressed support towards the Pasco PD and may address the changes
from the recent legislation within the development of their 2022 Council
Goals.
Introduce Ordinance - PMC Addition - Wheeled All Terrain Vehicles
(WATV)
Police Chief Roske provided a brief overview of the proposed
amendments to the Pasco Municipal Code (PMC) related to the approval
of Wheeled All-terrain Vehicles (WSTV) access to operate on local public
roadways.
Council and staff briefly discussed the proposed amendments to the
PMC.
Mr. Zabell recommend that this item come back at the September 7
Council Meeting for action; and during the interim, the public may provide
their thoughts and comments regarding the proposed PMC amendment.
Resolution - Amendment No. 2 to ILA with Port of Pasco for Argent
Road Project
Mr. Worley introduced Capital Improvement Projects Manager Serra who
provided a brief history of the Argent Road Improvements project from
20th Avenue to Road 36 and the purposed of the proposed second
amendment to the Interlocal Agreement (ILA) with the Port of Pasco
related to this joint project.
Page 2 of 3Page 15 of 191
MISCELLANEOUS COUNCIL DISCUSSION
Mr. Zabell stated that the CBC COVID-19 Testing site processed 1,000
tests earlier today and suggested that the testing site be open an
additional two days and/or the possibility of opening another testing site
for the time being as the COVID-19 cases will continue to escalate for
several more weeks.
Council and staff further discussed the COVID-19 testing sites locally and
across the state, as well as the rapid increase in COVID-19 cases across
the nation.
ADJOURNMENT
There being no further business, the meeting was adjourned at 8:58 PM.
PASSED and APPROVED this __ day of ________________, 20__.
APPROVED: ATTEST:
Saul Martinez, Mayor Debra Barham, City Clerk
Page 3 of 3Page 16 of 191
AGENDA REPORT
FOR: City Council August 12, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 8/16/21
FROM: Richa Sigdel, Finance Director
Finance
SUBJECT: Bills and Communications
I. REFERENCE(S):
Accounts Payable 08.16.21
Bad Debt Write-off/Collection for July 2021
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve claims in the total amount of $4,747,563.04 ($2,406,539.10 in Check
Nos. 243155-$1,376,480.97 in 243383; Electronic 832764Nos. Transfer -
832765, 832827-832835, 832840-832842, 832845, 832885; $23,291.80 in
Check Nos. 53689-53710; $941,241.17 in Electronic Transfer Nos. 30164003-
30164559; $10.00 in Electronic Transfer Nos. 816).
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 $214,674.37 and, of that
amount, authorize $0.00 to be turned over for collection.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 17 of 191
REPORTING PERIOD:
August 16, 2021
Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined
Check Numbers 243155-243383 53689-53710
Total Check Amount $2,406,539.10 $23,291.80 Total Checks 2,429,830.90$
Electronic Transfer Numbers 832764-832765 30164003-30164559 816
832827-832835
832840-832842
832845
832885
Total EFT Amount $1,376,480.97 $941,241.17 $10.00 $0.00 Total EFTs 2,317,732.14$
Grand Total 4,747,563.04$
Councilmember
548,998.00
116,466.78
20,861.74
1,619.56
2,559.27
21,903.39
990.24
3,441.84
62,058.24
1,039.24
4,135.81
0.00
2,895.26
54,082.70
0.00
402.50
16,666.67
0.00
89,316.77
3,655.00
1,004,399.96
456,375.80
66,446.13
11,793.70
661,408.63
8,647.60
1,587,398.21
GRAND TOTAL ALL FUNDS:4,747,563.04$
The City Council
July 29 - August 11, 2021
C I T Y O F P A S C O
Council Meeting of:
Accounts Payable Approved
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 Darcy Buckley, Finance Manager
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this
16th day of August, 2021 that the merchandise or services hereinafter specified have been received and are approved for payment:
Councilmember
SUMMARY OF CLAIMS BY FUND:
GENERAL FUND
STREET
RIVERSHORE TRAIL & MARINA MAIN
C.D. BLOCK GRANT
HOME CONSORTIUM GRANT
MARTIN LUTHER KING COMMUNITY CENTER
AMBULANCE SERVICE
CEMETERY
ATHLETIC PROGRAMS
GOLF COURSE
SENIOR CENTER OPERATING
MULTI-MODAL FACILITY
SCHOOL IMPACT FEES
EQUIPMENT RENTAL - OPERATING BUSINESS
SPECIAL ASSESSMENT LODGING
LITTER ABATEMENT
REVOLVING ABATEMENT
TRAC DEVELOPMENT & OPERATING
PARKS
ECONOMIC DEVELOPMENT
STADIUM/CONVENTION CENTER
GENERAL CAP PROJECT CONSTRUCTION
UTILITY, WATER/SEWER
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
MEDICAL/DENTAL INSURANCE
FLEX
PAYROLL CLEARING
Page 18 of 191
BAD DEBT WRITE-OFF/COLLECTION
July 1, - July 31, 2021
1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-off are
under $20 with no current forwarding address, or are accounts in "occupant" status. Accounts
submitted for collection exceed $20.00.
2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00. Direct
write off including DSHS and Medicare customers; the law requires that the City accept
assignment in these cases.
3. COURT ACCOUNTS RECEIVABLE - These are all delinquent non-criminal and criminal
fines, and parking violations over 30 days past due.
4. CODE ENFORCEMENT – LIENS - These are Code Enforcement violation penalties which
are either un-collectable or have been assigned for collections because the property owner has
not complied or paid the fine. There are still liens in place on these amounts which will
continue to be in effect until the property is brought into compliance and the debt associated
with these liens are paid.
5. CEMETERY - These are delinquent accounts over 120 days past due or statements are returned
with no forwarding address. Those submitted for collection exceed $10.00.
6. GENERAL - These are delinquent accounts over 120 days past due or statements are returned
with no forwarding address. Those submitted for collection exceed $10.00.
7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00.
Direct
Write-off
Referred to
Collection
Total
Write-off
Utility Billing $ .00 0.00 .00
Ambulance $ 214,674.37 0.00 214,674.37
Court A/R $ .00 .00 .00
Code Enforcement $ .00 .00 .00
Cemetery $ .00 .00 .00
General $ .00 .00 .00
Miscellaneous $ .00 .00 .00
TOTAL: $ 214,674.37 .00 214,674.37
Page 19 of 191
AGENDA REPORT
FOR: City Council August 10, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 8/16/21
FROM: Steve Worley, Director
Public Works
SUBJECT: Resolution - Amendment No. 2 to Interlocal Agreement with Port of Pasco
for Argent Road Project
I. REFERENCE(S):
Resolution
Amendment No. 2 (proposed)
Interlocal Agreement and Amendment No.1
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. _____, authorizing the City Manager
to execute Amendment No. 2 for the Interlocal Agreement (ILA) with the Port of
Pasco (Port) relating to the Argent Road project.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
The City of Pasco (City) along with the Port of Pasco (Port) have worked together
to provide necessary improvements to the Argent Road corridor from 20th
Avenue up to, and including, the intersection at Road 36.
These improvements will add width and frontage enhancements, including
curb/gutter and sidewalk, as well as intersection improvements to this critical
transportation corridor.
Argent Road Improvements between Road 36 and 20th Avenue have been
delineated into three phases of work to expedite construction of priority
segments of the project. The first phase will construct improvements on Argent
Road from Saraceno Way/Varney Lane to 20th Avenue and was awarded for
construction in July 2021. Phase 2 will improve the intersection at Argent Road
Page 20 of 191
and Road 36. Phase 3 will construct improvements from Saraceno Way/Varney
Lane to Road 36 intersection improvement. Phases 2 and 3 of the project are
currently in design phase with anticipated bid dates in mid to late 2022.
On September 16, 2019, Council approved and authorized the City Manager to
execute the Interlocal Agreement (ILA) with the Port.
On September 8, 2020, Council approved Amendment No. 1 to the ILA with the
Port and modified the previously approved ILA to allow the Port the option to
immediately pay the balance of Port committed funds in full. Previously the ILA
established a ten-year payback period. Additionally, Amendment No.1 modified
and clarified the amount of donated right-of-way to the project to include
necessary property on the northeast corner of 20th Avenue and Argent Road.
Amendment No. 2 to the ILA will modify the terms of the agreement to extend
the ILA between the Port and the City. Currently, the agreement expires August
31, 2021. The revised agreement extends the completion of all three (3) phases
of the project to December 31, 2024.
V. DISCUSSION:
This item was discussed at the August 9, 2021 Council Workshop Meeting.
Staff recommends the execution of Amendment No. 2 of the ILA with the Port of
Pasco relating to the Argent Road project.
Page 21 of 191
Resolution
Port of Pasco ILA Amendment No. 2 - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2
FOR THE INTERLOCAL AGREEMENT (ILA) WITH THE PORT OF PASCO
(PORT) RELATING TO THE ARGENT ROAD PROJECT.
WHEREAS, the City together with the Port and Columbia Basin Community College,
also known as stakeholders, have collaborated to undertake improvements to Argent Road, from
20th Avenue up to and including the intersection at Road 36 (“the project”); and
WHEREAS, the City and the Port entered into an Interlocal Agreement for Argent Road
Project, Phase 1, No 12001 on the 21st day of February, 2020 (the “Agreement”); and
WHEREAS, the City and the Port entered into Amendment No. 1 to provide for payment
in full by the Port prior to the completion of the project Interlocal Agreement for Argent Road
Project, Phase 1, No 12001 on the 8th day of October, 2020 (the “Amendment”); and
WHEREAS, the parties hereto desire to further modify the Agreement to extend the ILA
between the Port and the City through the completion of all phases of the Argent Road project;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
Section 1. That the subject agreement is amended and will be modified as described within
Exhibit A attached hereto to add additional time of performance.
Section 2. The City Manager of the City of Pasco, Washington, is hereby authorized,
empowered, and directed to execute said Amendment on behalf of the City of Pasco.
PASSED by the City Council of the City of Pasco, Washington this ___ day of ___, 2021.
_____________________________
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ _____________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 22 of 191
AMENDMENT No. 2 TO INTERLOCAL AGREEMENT BETWEEN THE PORT OF
PASCO AND THE CITY OF PASCO RELATING TO THE ARGENT ROAD PROJECT
THIS AMENDMENT TO INTERLOCAL AGREEMENT BETWEEN THE PORT
OF PASCO AND THE CITY OF PASCO FOR THE ARGENT ROAD PROJECT
(“Amendment”) is made this ____ day of August, 2021, by and between the
CITY OF PASCO, a municipal corporation, hereinafter called “City,” and the
PORT OF PASCO, a municipal corporation, hereinafter called “the Port.”
WHEREAS the City and the Port entered into an Interlocal Agreement
for Argent Road Project, Phase 1, No 12001 on the 21st day of February,
2020 (the “Agreement”); and
WHEREAS the City and the Port entered into Amendment No. 1 to
provide for payment in full by the Port prior to the completion of the project
Interlocal Agreement for Argent Road Project, Phase 1, No 12001 on the 8th
day of October, 2020 (the “Agreement”); and
WHEREAS the parties hereto desire to further modify the Agreement
to extend the ILA between the Port and the City through the completion of
all phases of the Argent Road project;
NOW, THEREFORE;
IT IS AGREED between the City and the Port that subsection 3 TERM of
the Agreement be modified as follows: “and all improvements, conveyances
and obligations of the parties for Phases 1 – 3 of the Project shall be
complete on or before December 31, 2024.”
IT IS FURTHER AGREED between the City and the Port that all other
terms and provisions of the Agreement and previous Amendments shall
remain unchanged, except as expressly modified by this Amendment.
EXHIBIT A
Page 23 of 191
IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands the day written below.
Date:_______________ Date:_______________
City of Pasco Port of Pasco
________________________ __________________________
Dave Zabell, City Manager Randy Hayden, Executive Director
Attest:
________________________
Debra Barham, City Clerk
Approved as to form:
_________________________
Kerr Ferguson Law, PLLC, City Attorney
Page 24 of 191
Z!Jr‘
INTERLOCAL AGREEMENT WITH THE PORT OF PASCO FOR THE ARGENT
ROAD PROJECT,PHASE 1,NO.1200]
THIS INTERLOCAL AGREEMENT is entered day of 2020,
by and between Port of Pasco,Washington,a Washington Municipal Corporation,(ereinafter
referred to as "Port"),and the City of Pasco,Washington,a Washington Municipal Corporation
(hereinafter referred to as "City"),and are sometimes referred to collectively as the “Parties,”_for
the purpose of designing and constructing the Argent Road Project,No.1200].
WHEREAS,the City of Pasco (City)together with The Port of Pasco (Port)and
Columbia Basin Community College (CBC),also known as stakeholders,have collaborated
to undertake improvements to Argent Road,from 20”‘Avenue up to and including the
intersection at Road 36 (“the Project”);and
WHEREAS,the Port and CBC have previously committed to help fund the Project in
the amounts of $1,500,000 and $1,250,000 respectfully;and
WHEREAS,the City and Port recognize that the Port has also donated right-of—
WaytotheProjectforthebene?t of the Airport with a fair market value of $203,534 (2.67 Acres
at $76,230/Acre),which donation is in addition to the committed funds of $1,500,000;and
WHEREAS,the City and Port recognize that the money committed of $1,500,000 is
directly attributed as a credit to the Traffic Impact Fees (TIF)associated with the Port’s
“Tri-Cities Airport Business Center”development shown in Exhibit A and also recognize that
in the case that the TIFs for above-mentioned Project do not reach an amount of $1,500,000
that the City shall not be required to make any reimbursement to the Port;and
WHEREAS,the City,as part of their agreed ?nancial commitment associated with
this Project is responsible for the Design,Construction and Project Management of this
Project;and
WHEREAS,the stakeholders agreed that to get Phase 1 completed,all or a portion of
the committed funds from the Port and CBC would be utilized to fund this portion of the
Project,with any remainder of committed funds to be used for subsequent phases of the
Project;and
WHEREAS,the Interlocal Cooperation Act,Chapter 39.34 RCW,authorizes
cooperative efforts between agencies in the providing of such services and financing
considerations;and
WHEREAS,the Parties,desire by this agreement,to jointly participate in the costs
associated with the Project that provides bene?ts to the stakeholders and the regional
transportation system.
ILA —Port of Pasco
Argent Road -Phase 1,No.12001
Page 1 of 6
Page 25 of 191
NOW,THEREFORE,in consideration of the mutual covenants contained herein,the
parties agree as follows:
1.PORT OBLIGATIONS.The Port shall:
.Reimburse the City by making payments as described below,for a total amount of
$1,500,000 plus interest for Project costs including but not limited to the expenses relating
to engineering,design,construction,administration,management,legal,labor,permits,
reviews,and/or approvals from all applicable jurisdictions,and any other Project related
costs.The amount of $1,500,000 paid by Port satis?es all of Port’s ?nancial obligations
associated with all phases of the Project,including but not limited to Phases 1 and 2 unless
it is mutually agreed by all parties to add additional funding in the future.
.The terms of reimbursement shall be based on annual payments to be made from the Port
to the City over a 10-year period and a 4%interest rate.Each annual payment shall be
made to the City prior to December 31 of each year,beginning in 2020.
.Transfer ownership by dedication of necessary right-of-way from the Port to the City prior
to the award date in a manner that is consistent with the policies of the City.
CITY OBLIGATIONS.City shall:
.Be responsible for the design,Project management,administration,and construction
management of the Project.
.Provide inspection services during the course of construction consistent with the level of
effort utilized on other capital and development projects within the City,or as may be
required to ensure the required quality of the completed work.
.Provide Port’s construction representative with a copy of any and all printed and electronic
construction documents related to each phase of the Project and invite said representative
to all construction and pre-constructionmeetings.
.Upon satisfactory completion of each phase of the improvements described above,work to
provide Port with a breakdown of all costs associated with the Project as well as a complete
set of physical and electronic as-built drawings at the conclusion of each phase.
.Pay for and complete all portions of the Project not covered by the committed funds of the
Port and CBC,unless it is mutually agreed by all parties to add additional funding in the
future.
.Grant the Port credit of up to $1,500,000 in TIFS attributable to the “Tri-Cities Airport
Business Center”Project.The City shall not be obligated to re?md or pay to the Port any
portion of the $1,500,000 credit that is not utilized for the “Tri-Cities Airport Business
Center”Project,should the total required TIF’s attributable to that Project not reach
$1,500,000.
ILA —Port of Pasco
Argent Road -Phase 1,No.12001
Page 2 of 6
Page 26 of 191
3.TERM.This Agreement shall be effective commencing on the day GxlSr of
2020,and all improvements,conveyances and obligations of the
parties for Phase 1 of the Project shall be complete on or before 18 months
immediately following the commencement date of this Agreement.The Agreement
shall terminate upon the satisfaction of the Port’s obligations identi?ed in Section 1 of this
Agreement,or with the completion of the Project,whichever is later,except that the TIF
credit to the Port for improvements related to the “Tri-Cities Airport Business Center”shall
not expire until all the credit has been utilized or is no longer needed.
4.AUTHORITY TO APPROVE AGREEMENT.The parties represent and warrant that
all steps necessary for the approval of this Agreement have been completed by:
A.The Port of Pasco:Resolution approved by the Port of Pasco Commission
B.The City of Pasco:Resolution approved by the City of Pasco Council
The officers signing below are authorized to do so and that the execution of this
Interlocal Agreement with the Port of Pasco to execute payment for the Argent Road
Project —Phase 1,No.12001 is valid and binding for all purposes.
5.DISPUTE RESOLUTION.In the event of a dispute between the parties regarding the
interpretation,breachor enforcement of this Agreement,the parties shall ?rst meet in a
good faith effort to resolve the dispute by themselves or with the assistance of a mediator.
The remaining dispute shall be resolved by arbitration pursuant to RCW 7.04A,as
amended,the Mandatory Rules of Arbitration (MAR),with all parties waiving the right of
a jury trial upon de novo review,with the substantially prevailing party being awarded its
reasonable attorney fees and costs against the other.
6.INDEMNITY.Each Party hereto shall assume the risk of,be liable for,and pay for
damage,loss,cost and expense arising out of the performance of this Agreement,caused
by its negligence and/or willfulmisconduct and the negligence and willful misconduct of
its employees acting within the scope of employment.Each Party hereto shall hold
harmless from and indemnify the other Party against all claims,losses,suits,action,cost,
counsel fees,litigation costs,expenses,damages,judgments,or decrees by reason of
damage to any property of business,and/or any death,injury or disability to or of any
person or party,including any employee,arising out of or suffered,directly or indirectly,
by reason of or in connection with any negligent act,error or omission of said Party,its,
employees,agents,contractors or subcontractors.A Party’s obligation shall include but
not be limited to investigation,adjusting,and defending all claims alleging loss from
negligent action,error or omission or breach of any common law,statutory or other
delegated duty
ILA —Port of Pasco
Argent Road Phase 1,No.12001
Page 3 of 6
Page 27 of 191
GENERAL PROVISIONS.
.This Interlocal Agreement constitutes the entire agreement between the parties,and no
prior oral or written agreement shall be valid,and any modi?cations of this Agreement
must be in writing signed by all parties.
.This Interlocal Agreement shall be binding on the parties,and their heirs,successors and
assigns.
.For the purpose of this Agreement,time is of the essence.
.All recitals contained within this Agreement shall be binding provisions of this Agreement.
MUTUAL COOPERATION AND FURTHER AGREEMENTS.The parties agree
to cooperate in good faith,with regard to each and every aspect required for the
completion of the construction of this Project which is the object of this Agreement,and
the transfer of property,and to further sign all documents,deeds and permits reasonably
necessary to accomplish the purposes of this Agreement.
INTERLOCAL COOPERATION ACT PROVISIONS.All vehicles,equipment
,inventory and any improvement thereon or ?xtures purchased by the City,shall remain the
sole property of the City.All personnel utilized by the City in the ful?llment of this
Agreement shall be solely within the supervision,direction and control of the City and shall
not be construed as "loan servants"or employees of the Port.The City Manager of the
City of Pasco,Washington,shall be designated as the Administrator of this Interlocal
Agreement.
No independent special budget or funds are anticipated other than those identi?ed in this
Agreement,nor shall be created without the prior written agreement of the parties.It is not
intended that a separate legal or administrative entity be established to conduct this
cooperative undertaking,nor is the acquiring,holding,or disposing of real or personal
property other than as speci?cally provided within the terms of this Agreement.
A copy of this Agreement shall be ?led with the Franklin County Auditor's of?ce or posted
on the City or Port's website as required by RCW 39.34.040.
ILA —Port of Pasco
Argent Road —Phase 1,No.12001
Page 4 of 6
Page 28 of 191
Dave Zabe .anager
CITY OF PASCO,WASHINGTON PORT OF PASCO,WASHINGTON
("M '0&0 3089»
Kerr F»e:onLaw,PLLC,City Atlomey
STATE OF W/\SHlNG'l‘ON )
:ss.
County of Franklin )
On this day personally appeared before me Dave Zabell,City Manager of the City of Pasco,to be
known to be the individual described in and who executed the within and foregoing instrument,and
acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes
therein mentioned.
hand and of?cial seal this day 2020.
Janette Salazar Romano
Notaryhnlc
N ARY PUBLIC in and for the State ofwashington
mAppoimni1a4iu01I0&!20«‘33 esiding at:
My Commission Expires:
STATE OF WASHlNG'I‘(.3N )
'ss.
County of Franklin )
On this day personally appeared before me l\"—~~'\'~'\'\=€-=.‘r"'\,i'7*-'l,"i«~.Port of Pasco,
Washington,to be known to be the individual described in and he ex cutcd the within and foregoing
instrument,and acknowledged that he signed the same as his free and voluntary act and deed for the uses
and purposes therein mentioned.
GIVEN under my hand and official seal this day of 2020.
N01‘AR‘TPUB_l.‘lCinand for the State of Washington
Residing at:I“I ~\L\»
My Commission Expires:I
Page 5 off:
‘W.‘fl.’9‘.
l No.1300]
ILA Pon of Pasco
Argcnl Road -Phase
Debby Barham,City Clerk
o Pom]:
Attestz
Page 29 of 191
PHASE 1
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Tri-Cities
Airport
Exhibit A -Tri-Cities Airport Business Center
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ILA —Port of Pasco
Argent Road -Phase 1,No.12001
Page 6 of 6
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Page 30 of 191
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Page 31 of 191
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Page 32 of 191
10/8/20
Page 33 of 191
(;+,%,7$Page 34 of 191
AGENDA REPORT
FOR: City Council August 12, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 8/16/21
FROM: Debby Barham, City Clerk
Administrative & Community Services
SUBJECT: Reapprove Resolution - American Rescue Plan Act (ARPA) Funds for
Utility Assistance Program & Agreement with Basin Disposal Inc.
I. REFERENCE(S):
Resolution
Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to reapprove Resolution No. 4085, approving an agreement
with the Basin Disposal Inc. of Franklin County for the Utility Assistance Program
with American Rescue Plan Act funds.
III. FISCAL IMPACT:
General Fund (ARPA Funds)
Utility Services - $110,000
IV. HISTORY AND FACTS BRIEF:
As background, on March 11, 2021, President Biden signed into law the
American Rescue Plan Act of 2021 (ARPA, HR 1319) to provide federal funding
relief for American workers, families, industries, and state and local
governments. The Act provides over $350 billion to states, counties, tribal
governments, territories, and cities, with a total of $17,464,312 allocated to the
City of Pasco in two equal installments during the calendar years 2021 and 2022.
The City received $8,732,156 as the first allocation on June 8, 2021, with the
remainder of funds to be dispensed within the next 12 months and little in the
way of specific guidance as to its use and the eligibility requirements for sub -
recipients. Unlike the short window for use of the CARES Act monies in 2 020,
ARPA funds must be utilized or obligated prior to December 31, 2024, and if
obligated in a timely manner, utilized by December 31, 2026.
Page 35 of 191
The City of Pasco Council previously approved utility assistance for electric,
water, sewer, stormwater, irrigation, and ambulance services provided by the
City of Pasco and Franklin PUD on July 12, 2021 as well as a business
assistance program for those businesses adversely impacted by the COVID-19
pandemic.
Final guidance on the specifics uses and requirements r elating to the ARPA
funds were issued on July 19th, since that time the City and selected vendor
assisting the City on the business assistance program have been finalizing
materials to reflect the guidance, conferring with federal officials and the City
Attorney’s office, readying the necessary systems for success, and creating
outreach materials. The application period for the business assistance program
opens on August 16, 2021. The utility assistance program is already accepting
applications with more than 600 applications currently being processed.
As with the CARES and CARES CBDG programs, the new ARPA programs
needed to be developed from scratch. City staff and the City's partners (Franklin
PUD for utility assistance, Pasco Chamber for business as sistance) have
invested considerable effort to develop these programs in a way that meets the
Council’s policy direction, applicable federal guidelines, are workable, inclusive,
and easy to navigate for the ultimate aid recipients, and will result in a clean audit
trail.
The longer spend-down window for ARPA funds noted above provides the
Council time to develop a well-thought-out allocation plan for use of ARPA
dollars, and the flexibility to address immediate needs within the community.
With respect to the utility assistance program, an additional need has emerged
for our residential and business users.
Basin Disposal Inc. (BDI) is a private entity providing residential and commercial
waste collection services to City residents and businesses. BDI has provided
staff with delinquencies for accounts within the city limits. Staff proposed that
City provide up to $110,000 to BDI to assist qualified City residents and
businesses with their solid waste expenses. The assistance program would
follow guidelines similar to existing utility assistance with exception of future
credit. Staff recommended that the utility assistance program with BDI include
assistance to delinquent accounts that have been adversely impacted due to the
pandemic.
V. DISCUSSION:
The City Council conducted a Special Meeting on August 9, 2021 to discuss the
use of the ARPA funds for the Utility Assistance Program for the solid waste
utility and approved the agreement with BDI.
Page 36 of 191
There were technical difficulties with the GoToWebinar and Facebook Live
software during said meeting, while the GoToWebinar software, which carries
the City's official meeting was eventually restored and functional; the Facebook
Live feed remained unavailable.
In the spirit of the Governor Inslee's Emergency Proclamation No. 20-28.15
amending the Open Public Meetings Act (OPMA) to include a virtual component
for the convenience of the public, and to assure transparency, staff recommends
Council reapprove Resolution No. 4085 to ensure the amended OPMA is met.
Page 37 of 191
Resolution – ARPA Funding & Agreement with BDI - 1
RESOLUTION NO. 4085
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
APPROVING AN AGREEMENT WITH THE BASIN DISPOSAL INC. OF
FRANKLIN COUNTY FOR THE UTILITY ASSISTANCE PROGRAM
WITH AMERICAN RESCUE PLAN ACT FUNDS.
WHEREAS, on March 11, 2021, the American Rescue Plan Act (H.R. 1319), § 4001,
(“ARPA”) was signed into law providing federal funding relief for American workers, families,
industries, and state and local governments; and
WHEREAS, on May 10, 2021, the United States Department of Treasury released its
interim final guide on allowed uses of funds and allocated $350 billion for state, local, territorial,
and Tribal governments from the ARPA Fund; and
WHEREAS, the City received $8,732,156 of its $17,400,000 in allocation on June 8, 2021;
and
WHEREAS, the City desires to allocate portions of the ARPA Funds to City of Pasco
residents experiencing severe financial hardship due to COVID-19 emergency that need utility
payment assistance to avoid utility disconnect and thereby endanger the health and well -being of
such impacted residents, with such allocation of funds to be consistent with the grant requirements;
and
WHEREAS, the City has determined that solid waste services are integral part of public
health and safety of our residents.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Be It Resolved that the City Manager of the City of Pasco is hereby authorized,
empowered, and directed to execute American Rescue Plan Act Agreement with the Basin
Disposal Inc. of Franklin County, a copy of which is attached hereto, and incorporated herein by
reference as Exhibit A, for the implementation of the Utility Assistance Program for the duration of
the Agreement; and to take all necessary steps required to complete this Agreement.
Be It Further Resolved that this Resolution shall be in full force and effect upon adoption.
Page 38 of 191
Resolution – ARPA Funding & Agreement with BDI - 2
Adopted by the City Council of the City of Pasco, Washington this 9th day of August,
2021; and
Readopted by the City Council of the City of Pasco, Washington this ___ day of August,
2021.
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 39 of 191
ARPA Agreement – Basin Disposal Inc 1
AMERICAN RESCUE PLAN ACT AGREEMENT
Between City of Pasco
and
Basin Disposal Inc.
THIS AGREEMENT is made and entered into by and between City of Pasco, a
municipality within the State of Washington, with its principal offices at 525 N. 3rd Ave., Pasco,
Washington 99301 (hereinafter “City”), and Basin Disposal Inc, a private solid waste utility with
its principal address at 2021 N Commercial Ave, Pasco Washington 99301 (hereinafter
“Contractor”).
WHEREAS, on March 11, 2021, the American Rescue Plan Act (H.R. 1319), § 4001,
(“ARPA”) was signed into law providing federal funding relief for American workers, families,
industries, and state and local governments; and
WHEREAS, on May 10, 2021, the United State Department of Treasury released interim
final guide on allowed uses of funds and allocated $350 billion for state, local, territorial, and
Tribal governments from the American Rescue Plan Act Fund; and
WHEREAS, the City received $8,732,156 of its $17,400,000 allocation on June 8, 2021;
and
WHEREAS, the City desires to allocate portions of the ARPA Funds to City of Pasco
residents experiencing severe financial hardship due to COVID-19 emergency that need utility
payment assistance to avoid utility disconnect and thereby endanger the health and well-being of
such impacted residents, with such allocation of funds to be consistent with the grant requirements.
1. Effective Date and Term. This Agreement shall commence when last executed by all
parties and remain in effect until September 30, 2024, unless terminated by the City in
writing.
2. Subrecipient’s Use of ARPA Funds. The Subrecipient shall follow established guidelines to
ensure that the ARPA Funds requests are necessary and eligible reimbursements and
satisfy the grant eligibility criteria as follows:
i. Applicant must be listed on account.
ii. Service Address must be within the Pasco city limits.
iii. Applicant must attest to financial impact from COVID-19.
iv. Applicant must attest that delinquent debt has not been used to qualify for other
Federal and State grants.
v. Qualifying debt must meet the following criteria:
a. Acquired during the pandemic (post 03/2020).
b. Must be delinquent.
Page 40 of 191
ARPA Agreement – Basin Disposal Inc 2
3. COVID-19 Reimbursement Request Support. To facilitate the City’s seeking
reimbursement of ARPA funding, the Subrecipient will submit an A-19 equivalent report
to the City, on a quarterly basis, detailing the utility assistance grants disbursed by the
Subrecipient. Such schedule may be modified with the prior approval of the City. Failure
to provide any of the required documentation may result in termination of the agreement
and no reimbursement of funds paid to the subrecipient by the City.
4. ARPA Funds. The City agrees to reimburse the subrecipient a total sum not to exceed
$110,000 within 28 days of submittal of a request for reimbursement and A-19 equivalent
report.
5. Termination. The City may terminate this Agreement, for convenience or otherwise and
for no consideration or damages, upon prior notice to the Subrecipient.
6. Independent Contractor. Each party under the Agreement shall be for all purposes an
independent Contractor. Nothing contained herein will be deemed to create an association,
a partnership, a joint venture, or a relationship of principal and agent, or employer and
employee between the parties. The Subrecipient shall not be, or be deemed to be, or act
or purport to act, as an employee, agent, or representative of the City for any purpose.
7. Indemnification. The Subrecipient agrees to defend, indemnify and hold the City, its
officers, officials, employees, agents and volunteers harmless from and against any and all
claims, injuries, damages, losses or expenses including without limitation personal injury, bodily
injury, sickness, disease, or death, or damage to or destruction of property, which are alleged or
proven to be caused in whole or in part by an act or omission of the Subrecipient, its officers,
directors, employees, and/or agents relating to the subrecipients’ performance or failure to
perform under this agreement. The section shall survive the expiration or termination of this
agreement.
8. Compliance with Laws, Guidelines. The Subrecipient shall comply with all federal, state,
and local laws and all requirements (including certifications and audits) and Program
Guidelines, to the extent applicable, when seeking reimbursement.
9. Maintenance and Audit of Records. The subrecipient shall maintain records, books,
documents, and other materials relevant to its performance under this agreement. These
records shall be subject to inspection, review and audit by the City or its designee, the
Washington State Auditor’s Office and Program Guidelines for seven (7) years following
termination of this agreement. If it is determined during the course of the audit that the
subrecipient was reimbursed for unallowable costs, the subrecipient agrees to promptly
reimburse the City for such payments upon request.
10. Notices. Any notice desired or required to be given hereunder shall be in writing, and shall
be deemed received three (3) days after deposit with the U.S. Postal Service, postage fully
prepaid, certified mail, return receipt requested, and addressed to the party to which it is
intended at its last known address, or to such other person or address as either party shall
designate to the other from time to time in writing forwarded in like manner:
Page 41 of 191
ARPA Agreement – Basin Disposal Inc 3
Subrecipient
Basin Disposal Inc
Attn: Rebecca Francik
2021 N Commercial Ave
Pasco, WA 99301
11. Improper Influence. Each party warrants that it did not and will not employ, retain, or
contract with any person or entity on a contingent compensation basis for the purpose of
seeking, obtaining, maintaining, or extending this Agreement. Each party agrees, warrants,
and represents that no gratuity whatsoever has been or will be offered or conferred with a
view towards obtaining, maintaining, or extending this agreement.
12. Conflict of Interest. The elected and appointed officials and employees of the parties shall
not have any personal interest, direct or indirect, which gives rise to a conflict of interest.
13. Amendment. No amendment or modification to the Agreement will be effective without
the prior written consent of the authorized representatives of the parties.
14. Governing Law; Venue. The Agreement will be governed in all respects by the laws of the
Washington State, both as to interpretation and performance, without regard to conflicts
of law or choice of law provisions. Any action arising out of or in connection with the
Agreement may be instituted and maintained only in a court of competent jurisdiction in
Franklin County, Washington or as provided by RCW 3.66
15. Non-Waiver. No failure on the part of the City to exercise, and no delay in exercising, any
right hereunder shall operate as a wavier thereof; nor shall any single or partial exercise by
the City of any right hereunder preclude any other or further exercise thereof or the
exercise of any other right. The remedies herein provided are cumulative and not exclusive
of any remedy available to the City at law or in equity.
16. Binding Effect. This agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective successors.
17. Assignment. The subrecipient shall not assign or transfer any of its interests in or
obligations under this Agreement without the prior written consent of the City.
18. Entire Agreement. This agreement constitutes the entire agreement between the City and
the subrecipient for the use of funds received under this agreement and it supersedes all
prior or contemporaneous communications and proposals, whether electronic, oral, or
written between the parties with respect to this Agreement.
19. No Third-Party Beneficiaries. Nothing herein shall or be deemed to create or confer any
right, action, or benefit in, to, or on the part of any person or entity that is not a party to this
Agreement. This provision shall not limit any obligation which either Party has to the US
Department of Treasury in connection with the use of ARPA funds, including the
Page 42 of 191
ARPA Agreement – Basin Disposal Inc 4
obligations to provide access to records and cooperate with audits as provided in this
agreement.
20. Severability. In the event that one or more provisions of this agreement shall be determined
to be invalid by any court of competent jurisdiction or agency having jurisdiction thereof, the
remainder of the agreement shall remain in full force and effect and the invalid provisions
shall be deemed deleted.
21. Counterparts. This agreement may be executed in one or more counterparts, any of which
shall be deemed an original but all of which together shall constitute one and the same
instrument.
22. Authorization. Each party signing below warrants to the other party, that they have the full
power and authority to execute this Agreement on behalf of the party for whom they sign.
IN WITNESS WHEREOF, the parties have caused this Agreement to the signed by their
duly constituted legal representatives and is effective on the last date signed.
__________________________________ ___________________________________
Dave Zabell, City Manager Rebecca Francik, Government Relations
City of Pasco Basin Disposal Inc
Dated: _____________________________ Dated: _____________________________
ATTEST:
__________________________________
Debra Barham, CMC
City Clerk
APPROVED AS TO FORM:
__________________________________
Kerr Ferguson Law, PLLC
City Attorney
Page 43 of 191
AGENDA REPORT
FOR: City Council August 11, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 8/16/21
FROM: Debby Barham, City Clerk
Administrative & Community Services
SUBJECT: *Reappointment to the Tri-City Regional Hotel/Motel Commission
I. REFERENCE(S):
Tri-Cities Hotel & Lodging Association Recommendation
Interlocal Agreement - Section 5, Tri-City Regional Hotel/Motel Commission
Appointments
Resolution No. 101-13 Amending the Commissioners' Term of Office
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: Hammerberg Monica of reappointment to confirm move I the
(Hampton Inn & Suites) to the Tri-City Regional Hotel/Motel Commission for a
two-year term commencing on September 1, 2021 and ending Au gust 31, 2023.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
Pasco, along with the Cities of Kennewick and Richland, entered into an
interlocal agreement in June 2004 to create a regional "Tourism Promotion Area"
(TPA). The TPA is an organization formed as authorized by state law to levy
special assessments for the use of lodging facilities with the respective area. In
the case of the Tri-Cities, all hotels/motels within the boundaries of the three (3)
Cities are required to collect a fee for each room night used by the patrons of
their facilities. That fee is remitted by each of the hotels/motels to the state; the
state, in return, distributes the funding back to the respective Cities within which
the fee collected (much like the long-standing 2% hotel/motel tax) and the Cities
distribute it to the TPA for expenditure in accordance with the business plan and
budget established by the Tri-City Regional Hotel/Motel Commission.
Page 44 of 191
The Tri-City Regional Hotel/Motel Commission was established under Section 5
of the Interlocal Agreement (ILA). The Commission consists of six (6) voting
members; two (2) members appointed by each of the three (3) Cities from
nominees offered by the Tri-Cities Hotel & Lodging Association. Any vacancy is
to be filled by the respective City from a list of nominees offered by the
Association.
V. DISCUSSION:
Mayor Martinez has reappointed Ms. Hammerberg Tri-City Regional Hotel/Motel
Commission and asks theCity Council confirm said reappointment without
interview.
Please note that if Mr. Hammerberg had not been the preferred candidate for
reappointment, then Mr. Jim Gibson would have been a second, or an alternate,
choice for Mayor's consideration for appointment to the Tri -City Regional
Hotel/Motel Commission.
Page 45 of 191
This letter is in reference to the Pasco TPA Commissioner position currently held by Monica
Hammerberg from the Hampton Inn &Suites Pasco/Tri-CitiesinPasco.Ms.Hammerberg’s term expires
on August 31,2021 and she is eligible for re-election.
Monica Hammerberg has been selected by the Tri-Cities Hotel and Lodging Association as the preferred
candidate to serve as the TPA Commissioner to represent the City of Pasco for a two-year term,which
will expire on August 31,2023.Jim Gibson with the Best Western Premiere in Pasco will serve as her
alternate.
If you have any questions regarding this issue,please do not hesitate to contact me at 509-792-1660.
Sincerely,
August 4,2021
Mr.Dave Zabell
City of Pasco
525 N 3”’Ave
Pasco,WA 99301
Dave Zabell:
Monica Hammerberg
Treasurer
Tri-Cities Hotel &Lodging Association
Cc:Michael Novakovich—President CEO Visit Tri-Cities
R0.Box1739
lliclllalltl,WA9935
Tri-Cities
[Intel 6:l.0ll2llI2Associati
Page 46 of 191
Tourism Promotion Area
5. Creation of Tri-City Regional Hotel-Motel Commission.
A. It is understood and agreed that it is hereby created, pursuant to RCW 35.101.130
( 1 ), the Tri-City Regional Hotel and Motel Commission ("Commission") to advise the Cities on
the expenditure of Special Lodging Assessment revenues to fund tourism promotion within the
Tri-City region.
B. The Commission shall consist of six (6) voting Members and three (3) ex officio
Members. Two voting members shall be selected by the Kennewick City Council from a list of
nominees prepared by the Tri-City Hotel and Lodging Association from Operators of Lodging
Businesses within the city limits of the City of Kennewick. Two (2) voting members shall be
selected by the Pasco City Council from a list of nominees prepared by the Tri-City Hotel and
Lodging Association from Operators of Lodging Businesses within the city limits of the City of
Pasco. Two voting members shall be selected by the Richland City Council from a list of
nominees prepared by the Tri-City Hotel and Lodging Association from Operators of Lodging
Businesses within the city limits ofthe City of Richland. In no event shall tifty percent (SO%) or
more of the voting membership of the Commission be selected from the same Lodging
Ownership or Management Company within the Tri-City Regional Area. The City Manager or
his or her Designee from each of the three Cities shall serve as an ex officio member. All
Commission members, voting and ex officio may participate in all discussions regarding
proposed activities and programs by the Tri-City Regional Tourism Promotion Area for
promotion and marketing of tourism. Ex officio members shall not have voting rights , except in
the event of a tie vote among the voting members at which time, each ex officio member may
cast a vote to break the tie. Any vacancy on the Tri-City Regional Hotel and Motel Commission
shall be filled by the appointing City, from a list of nominees prepared by the Tri -City Hotel and
Lodging Association for voting memberships within thirty (30) days from the date the vacancy
occurs.
C. It is understood and agreed that the initial voting members of the Commission
shall serve staggered terms, with one member serving a one-year term and the second member
serving a two-year term. The length of the term for each individual voting member of the initial
Commission shall be chosen by lot at the first meeting of the Commission. Thereafter, all voting
members subsequently appointed to the Commission shall serve a term of two years. No voting
member shall serve more than two consecutive terms as a Member of the Commission unless
such subsequent term is separated by at least twelve (12) months from the last date of service as
a Member of the Commission. A Member may be removed from the Commission by three-
fourths (3 /4) affirmative vote of the Commission for actions deemed to be adverse to the interest
of the Commission. Such actions may include unexcused absences from three meetings of the
Commission within a twelve (12) month period; failure to perform assigned duties and
responsibilities; and conduct detrimental to the best interests of the Commission. Succeeding
and replacement voting members shall be selected by each City as provided above for the
selection of the initial voting members ofthe Commission.
Page 47 of 191
RESOLUTION NO._1()1-13_
A RESOLUTION FOR AMENDMENT OF THE BYLAWS
OF THE TRI-CITY REGIONAL HOTEL-MOTEL
COMMISSION
WHEREAS,a proposal to amend the Bylaws has been introduced by a Commission
member;and
WHEREAS,notice of the proposed amendment has been provided to members of the
Commission ?fteen (15)days prior to the Commission meeting scheduled for consideration of
the proposed amendment,NOW,THEREFORE,
IT IS RESOLVED:
1.That Section 2.3 "Term of Office“shall be and hereby is amended and shall read
as follows:
Section 2.3.Term of Office.The initial voting members of the Commission
shall serve staggered terms with one—halfof the members serving a one year terms,and
the second half of the members serving a two year terms.The length of the term for each
individual voting member of the initial Commission shall be chosen by lot at the ?rst
meeting of the Commission.Thereafter,all voting members shall serve regular terms of
2.That Section 3.1 “Regular Commission Meetings"shall be and hereby is amended
and shall read as follows:
Section 3.1 Regular Commission Meetings.
The regular Commission meetingsshallbe held on the seeonelthird Thursday
of each month at 9:00 a.m.In the event there is no business to come before the
Commission at its regularly scheduled meeting or a quorum cannot be gathered,the
meeting may be postponed to the next available meeting date.
The number of those voting in favor of the Resolution are 6
The number of those voting in opposition of the Resolution are 0
The Resolution is g approved rejected.
Resolution No._l0l-13v
Page 1 of]
Page 48 of 191
AGENDA REPORT
FOR: City Council August 13, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 8/16/21
FROM: Rick White, Director
Community & Economic Development
SUBJECT: Public Hearing and Ordinance - Cox Family Land LLC Annexation
I. REFERENCE(S):
Overview Map
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
CONTINUE the scheduled public hearing to the next regular City Council
meeting.
MOTION: I move to continue the scheduled public hearing on the proposed
annexation to the next regular City Council meeting scheduled for September 7,
2021..
III. FISCAL IMPACT:
The addition of $2,275,900.00 to the assessed value of the City and the
commensurate responsibility of providing government services to future
development.
IV. HISTORY AND FACTS BRIEF:
The City received a Notice of Intent to Commence Annexation from own ers of
property located near the southwest corner of Foster Wells Road and Capitol
Avenue. Council set the public hearing date for August 16, 2021.
Staff has been unable to secure the owner's signature on the Petition to Annex
and requests a three-week delay in processing of the annexation.
Page 49 of 191
V. DISCUSSION:
As the annexation and zoning determination process will result in additional
industrial development and job creation within the existing Pasco Urban Growth
Area that will be served by municipal utilities, staff recommends Council move
to continue the scheduled public hearing on the proposed annexation to the next
regular City Council meeting scheduled for September 7, 2021.
Page 50 of 191
CITY LIMITS
CITY LIMITSPasco GIS, Maxar
Item: Cox Family Land LLC Annexation
Applicant: Cox Family Land LLC
File #: ANX 2021-001
Overview
Map
Page 51 of 191
AGENDA REPORT
FOR: City Council August 11, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 8/16/21
FROM: Rick White, Director
Community & Economic Development
SUBJECT: *Q Ordinance - Broadmoor Properties LLC Rezone RT to C‐1 (Z 2021‐
006)
I. REFERENCE(S):
Proposed Ordinance
Report to Hearing Examiner Dated: 14 July 2021
Hearing Examiner Recommendation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. ____, rezoning the north 600 feet of
Lots 4 & 5 of Record Survey #1932652 from RT to C-1, and further, authorize
publication by summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
On July 14, 2021, the Hearing Examiner held a public hearing to consider a
request to rezone the north 600 feet of two parcels comprising approximately
53.53 acres located along the west side of Broadmoor Boulevard between the
western extensions of Buckingham Drive to the north and Sandifur Parkway to
the south (Parcel Nos. 115210034 and 115210035) from RT (Residential
Transition) to C‐1 (Retail Business District).
Following the conduct of the public hearing, the Hearing Examiner
recommended approval of the applicant's request for a rezone from RT
(Residential Transition) to C‐1 (Retail Business District).
Page 52 of 191
V. DISCUSSION:
The Comprehensive Plan designates the property “Mixed‐use Regional,” The
Mixed‐use Regional Land Use designation is designed to accommodate general
retail operations and shops, grocery stores, residential above commercial/office,
higher density residential, dining, and entertainment uses.
The rezone request and its intended use are consistent with the Comprehensive
Plan “Mixed‐use Regional” designation.
Page 53 of 191
Ordinance – Rezone Z 2021-006 - 1
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
Attn: City Clerk
525 North 3rd Avenue
Pasco, WA 99301
____________________________________________________________________________
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON
REZONING THE NORTH 600 FEET OF LOTS 4 & 5 OF RECORD SURVEY
#1932652 LOCATED IN SECTION 7, TOWNSHIP 9 NORTH, RANGE 29
EAST, W.M., (PARCELS 115210034 AND 115210035) FROM RT TO C-1.
WHEREAS, the petitioner seeks to rezone a parcel owned by petitioner and located along
the west side of Broadmoor Boulevard between the western extensions of Buckingham Drive to
the north and Sandifur Parkway to the south; and
WHEREAS, a complete and adequate petition for change of zoning classification meeting
the requirements of PMC 25.210.030 was received by the City and, after notice was issued under
PMC 25.210.040, an open record hearing was conducted by the Pasco Hearing Examiner upon
such petition on the 14th day of July 2021; and
WHEREAS, based upon substantial evidence and demonstration of the Petitioner, that:
(A) the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (B)
the effect of the proposal on the immediate vicinity is not materially detrimental; and (C) there is
merit and value in the proposal for the community as a whole, the Hearing Examiner developed
findings in accordance with PMC 25.210.060 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. 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 RT
(Residential Transition) to C-1 (Retail Business) for the real property as shown in Exhibit A
attached hereto and described as follows:
Page 54 of 191
Ordinance – Rezone Z 2021-006 - 2
The north 600 feet of Lots 4 & 5 of Record Survey #1932652 located in Section 7,
Township 9 North, Range 29 East, W.M., records of Franklin County, Washington
(Parcels 115210034 and 115210035).
Section 2. This Ordinance shall take full force and effect five (5) days after its approval,
passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, this ____ day of
________, 2021.
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Published _____________________
Page 55 of 191
CITY LIMITSBROADMOOR BLVDSANDIFUR PKWYHARRIS RDBURNS RDBURNS RD0 430 850 1,300 1,700210Feet"Exhibit A"Item: Rezone - RT to C-1Applicant: Broadmoor Properties LLCFile #: Z 2021-006Page 56 of 191
PUBLIC HEARING
City Hall – 525 North Third Avenue – Council Chambers
DATE: WEDNESDAY, June 9, 2021, 2021
6:00 PM
MASTER FILE #: Z 2021‐006
APPLICANT: Timothy Ufkes/National Multi Housing
Group c/o Broadmoor Properties LLC
601 Union Street, Suite 2710
Seattle WA 98101
REQUEST: REZONE: Broadmoor Properties LLC Rezone RT to C‐1
BACKGROUND
1. PROPERTY DESCRIPTION:
1. Legal: The north 600 feet of Lots 4 & 5 of Record Survey #1932652, Section 7,
Township 9 North, Range 29 East, W.M. records of Franklin County, Washington (Parcels
115210034 and 115210035).
2. General Location: Along the west side of Broadmoor Boulevard between the
western extensions of Buckingham Drive to the north and Sandifur Parkway to the
south, in Pasco, WA.
3. Property Size: 53.53 acres (2,331,671.59 square feet).
2. ACCESS: The parcel has access from Broadmoor Boulevard.
3. UTILITIES: Existing water and sewer utilities in Broadmoor Boulevard.
4. LAND USE AND ZONING: Both lots are undeveloped; The north 600 feet of Lots 4 & 5
are zoned RT (Residential Transition); the balance to the south is zoned C‐1 (Retail
Commercial). Surrounding properties are zoned and developed as follows:
NORTH: RT Vacant Land
EAST: C‐1 STEM High School, Commercial
SOUTH: C‐1 Vacant Land
WEST: RT; C‐1 Vacant Land
5. Comprehensive Plan: The site lies within the Broadmoor Planning Area. According to
the Comprehensive Plan, “The Broadmoor area encompasses over 1,600 acres of land
in northwest Pasco. Efforts have been underway to maximize the development
potential for this land that benefits the community and the region. This will occur
through specific design and development standards that will lead towards offering a mix
of housing, retail, commercial, and open space uses that incorporate walkable and
transit friendly design.”
The Comprehensive Plan has recently been updated and approved by City Council; the
Page 57 of 191
Page 2 of 8
new Land Use designation for the site is Mixed‐use Regional. The Mixed‐use Regional
Land Use designation is intended for the Broadmoor area only, and designed to
accommodate general retail operations and shops, grocery stores, higher density
residential, dining, and entertainment uses.
The preferred zoning is “MU‐R” (Mixed‐use Regional) which has not yet been defined
in the Pasco Municipal Code. However, for the purposes of the current application, C‐
1 zoning functionally approximates the desired retail character of the site.
Other goals and policies of the Comprehensive Plan related to this proposal are as
follows:
Land Use Goal U‐1: TAKE DELIBERATE, CONSISTENT, AND CONTINUOUS ACTIONS TO
IMPROVE THE COMMUNITY'S QUALITY OF LIFE
Land Use Policy LU‐1‐8: Enhance the physical appearance of development within the
community through land use regulations, design guidelines, and performance and
maintenance standards including landscaping, screening, building facades, color, signs,
and parking lot design and appearance.
Land Use Policy LU‐1‐C: Encourage conservation design with cluster commercial
development and discourage strip commercial development.
Land Use Goal LU‐2: PLAN FOR A VARIETY OF COMPATIBLE LAND USES WITHIN THE UGA
Land Use Policy LU‐2‐A: Maintain sufficient land designated to accommodate
residential, commercial, industrial, educational, public facility, and open‐space uses
proximate to appropriate transportation and utility infrastructure.
Land Use Goal LU‐4: INCREASE COMMUNITY ACCESSIBILITY THROUGH PROPER LAND
USE PLANNING
Land Use Policy LU‐4‐B: Encourage infill and higher density uses within proximity to
major travel corridors and public transportation service areas.
Land Use Goal LU‐6: ENCOURAGE DISTINCTIVE QUALITY COMMUNITY AND REGIONAL
COMMERCIAL AND INDUSTRIAL DEVELOPMENTS THAT SUPPORT THE CITY'S OVERALL
DEVELOPMENT GOALS
Land Use Policy LU‐6‐A: Encourage commercial and higher‐density residential uses
along major corridors and leverage infrastructure availability.
Land Use Policy LU‐6‐B: Promote efficient and functional neighborhood level and
major commercial centers to meet community demand.
Land Use Policy LU‐6‐C: Ensure attractive hubs for activity by maintaining and applying
design standards and guidelines that will enhance the built environment of each
community.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this
project. Based on the State Environmental Policy Act (“SEPA”) checklist,
Comprehensive Plan, applicable regulations, and other information, a threshold
Page 58 of 191
Page 3 of 8
determination resulting in a Determination of Non‐Significance (DNS) is anticipated for
this project under WAC 197‐11‐158.
ANALYSIS
Request
Timothy Ufkes, on behalf of Broadmoor Properties LLC, has submitted an application to rezone
the north 600 feet of Parcels 115210034 and 115210035, located along the west side of
Broadmoor Boulevard between the western extensions of Buckingham Drive to the north and
Sandifur Parkway to the south, from RT (Residential Transition) to C‐1 (Retail Business District).
Applicant anticipates developing a large, high‐volume regional retail use on the site.
Site
The site has frontage access on Broadmoor Boulevard, and it is anticipated that Sandifur
Boulevard will be developed in conjunction with the site along the length of the south property
line. Both Broadmoor boulevard and Sandifur Parkway are arterial streets.
The site contains approximately 2,331,671.59 square feet or 53.53 acres.
The Comprehensive Plan designates the property “Mixed‐use Regional,” The Mixed‐use
Regional Land Use designation is designed to accommodate general retail operations and
shops, grocery stores, residential above commercial/office, higher density residential, dining,
and entertainment uses.
The rezone request and its intended use are consistent with the Comprehensive Plan “Mixed‐
use Regional” designation.
History
The site was annexed into the City in 1982 (Ordinance 2388) and assigned RT (Residential
Transition) zoning, which acts as a "holding pattern," pending appropriate utility and
transportation facility development to the area.
The south part of the site was rezoned to C‐1 (Retail Business District) in 2016 (Ordinance
4206) while the north 600 feet remains RT (Residential Transition).
Development has occurred to the east and is occurring or contemplated for areas to the north,
south, and west of the site.
The City has recently approved a major update to its Comprehensive Plan. The revised Land
Use Element of the approved Plan designates the property “Mixed‐use Regional,” The Mixed‐
use Regional Land Use designation is intended to accommodate general retail operations and
shops, grocery stores, residential above commercial/office, high‐density residential, dining,
and entertainment uses.
Page 59 of 191
Page 4 of 8
Rezone Criteria
The initial review criteria for considering a rezone application are explained in PMC 25.210.030.
The criteria are listed below as follows:
1. The date the existing zone became effective:
The current zoning classification has been in place since the site was annexed into the City in
1982 (Ordinance 2388)
2. The changed conditions, which are alleged to warrant other or additional zoning:
Development has occurred to the east and is occurring or contemplated for areas to the north,
south, and west of the site.
City Council has recently approved an update to the Comprehensive Plan; The Land Use
Element of the Plan now designates the property “Mixed‐use Regional,” The Mixed‐use
Regional Land Use designation is designed to accommodate general retail operations and
shops, grocery stores, residential above commercial/office, high‐density residential, dining,
and entertainment uses.
3. Facts to justify the change on the basis of advancing the public health, safety and
general welfare:
The rezone application and proposal are consistent with the Pasco 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 would allow for general retail operations and shops,
grocery stores, residential above commercial/office, high‐density residential, dining, and
entertainment uses., including the construction of the anticipated large, high‐volume regional
retail use on the site.
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 development of general retail
operations and shops, grocery stores, residential above commercial/office, high‐density
residential, dining, and entertainment uses, in alignment with the Land Use Element of the
Comprehensive Plan. Proximal residents would have access to nearby neighborhood
commercial establishments.
The rezone application is consistent with and meets the intent of the newly revised and
approved goals and policies of the Comprehensive Plan.
5. The effect on the property owner or owners if the request is not granted:
If the property remains with the current mixed zoning designation (RT and C‐1), the opportunity
for applicant’s specific large, high‐volume regional retail development would be lost, possibly
to another site in the Tri‐Cities region; The site would likely continue to remain vacant.
6. The Comprehensive Plan land use designation for the property
The Comprehensive Plan designates the property “Mixed‐use Regional.” The Mixed‐use
Regional Land Use designation is intended to accommodate general retail operations and
Page 60 of 191
Page 5 of 8
shops, grocery stores, residential above commercial/office, high‐density residential, dining,
and entertainment uses.
7. Such other information as the Hearing Examiner requires
The rezone application is consistent with and meets the intent of the Comprehensive Plan, and
City Council Goals on housing. The opportunity for additional general retail operations and
shops, grocery stores, residential above commercial/office, high‐density residential, dining,
and entertainment uses in this area supports the Broadmoor Planning Area goals.
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. Public notice of this hearing was sent to property owners within 300 feet of the
property and posted in the Tri‐City Herald on 25 June 2021.
2. Applicant wishes to rezone the north 600 feet of Parcels 115210034 and
115210035 from RT (Residential Transition) to C‐1 (Retail Business District).
3. The site is located along the west side of Broadmoor Boulevard between
Buckingham Drive and Sandifur Parkway.
4. Applicant anticipates developing a large, high‐volume regional retail use on the site.
5. The site has frontage access on Broadmoor Boulevard.
6. It is anticipated that Sandifur Boulevard would be developed to continue along
the south property line of the site.
7. Both Broadmoor Boulevard and Sandifur Parkway are arterial streets.
8. The site contains approximately 2,331,671.59 square feet or 53.53 acres.
9. The Comprehensive Plan has recently been updated for the area.
10. The new Comprehensive Plan Land Use designation for the property is “Mixed‐
use Regional.”
11. The Mixed‐use Regional Land Use designation allows general retail, grocery,
residential above commercial/office, higher density residential, dining, and
entertainment uses.
12. The rezone request and its intended use are consistent with the Comprehensive Plan.
13. The site was annexed into the City and assigned RT zoning in 1982 (Ordinance 2388).
14. The RT zone acts as a "holding pattern," pending development of appropriate utility &
transportation facilities.
15. The south part of the site was rezoned to C‐1 in 2016.
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Page 6 of 8
16. The north 600 feet remains RT zoned.
TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF
FACT
Before recommending approval or denial of a rezone, the Hearing Examiner must develop
findings of fact from which to draw its conclusions based upon the criteria listed in PMC
25.210.060. The criteria are as follows:
1. The proposal is in accordance with the goals and policies of the Comprehensive Plan.
City Council has recently approved an update to the Comprehensive Plan; the Land Use Element
of the Plan now designates the property “Mixed‐use Regional,” The Mixed‐use Regional Land Use
designation is designed to accommodate general retail operations and shops, grocery stores,
residential above commercial/office, high‐density residential, dining, and entertainment uses.
The proposal also aligns with the following Comprehensive Plan Goals and Policies:
Land Use Goal U‐1: TAKE DELIBERATE, CONSISTENT, AND CONTINUOUS ACTIONS TO IMPROVE
THE COMMUNITY'S QUALITY OF LIFE
Land Use Policy LU‐1‐8: Enhance the physical appearance of development within the community
through land use regulations, design guidelines, and performance and maintenance standards
including landscaping, screening, building facades, color, signs, and parking lot design and
appearance.
Land Use Policy LU‐1‐C: Encourage conservation design with cluster commercial development
and discourage strip commercial development.
Land Use Goal LU‐2: PLAN FOR A VARIETY OF COMPATIBLE LAND USES WITHIN THE UGA
Land Use Policy LU‐2‐A: Maintain sufficient land designated to accommodate residential,
commercial, industrial, educational, public facility, and open‐space uses proximate to
appropriate transportation and utility infrastructure.
Land Use Goal LU‐4: INCREASE COMMUNITY ACCESSIBILITY THROUGH PROPER LAND USE
PLANNING
Land Use Policy LU‐4‐B: Encourage infill and higher density uses within proximity to major travel
corridors and public transportation service areas.
Land Use Goal LU‐6: ENCOURAGE DISTINCTIVE QUALITY COMMUNITY AND REGIONAL
COMMERCIAL AND INDUSTRIAL DEVELOPMENTS THAT SUPPORT THE CITY'S OVERALL
DEVELOPMENT GOALS
Land Use Policy LU‐6‐A: Encourage commercial and higher‐density residential uses along major
corridors and leverage infrastructure availability.
Land Use Policy LU‐6‐B: Promote efficient and functional neighborhood level and major
commercial centers to meet community demand.
Land Use Policy LU‐6‐C: Ensure attractive hubs for activity by maintaining and applying design
Page 62 of 191
Page 7 of 8
standards and guidelines that will enhance the built environment of each community.
1. The effect of the proposal on the immediate vicinity will not be materially detrimental.
The Comprehensive Plan has recently been updated for the area and now designates the
property “Mixed‐use Regional,” The Mixed‐use Regional Land Use designation is intended to
accommodate general retail operations and shops, grocery stores, residential above
commercial/office, high‐density residential, dining, and entertainment uses.
The application for rezone is consistent with the Comprehensive Plan Land Use Element for the
area and meets the intent of the Goals and Policies for the property. The proposal will not be
materially detrimental to the immediate vicinity.
2. There is merit and value in the proposal for the community as a whole.
The proposed rezone application is consistent with the Comprehensive Plan Land Use Map and
the Goals and Policies as adopted by the Pasco City Council (Ordinance 4537)
The Comprehensive Plan has recently been updated for the area and now designates the
property “Mixed‐use Regional,” The Mixed‐use Regional Land Use designation is designed to
accommodate general retail operations and shops, grocery stores, residential above
commercial/office, high‐density residential, dining, and entertainment uses.
3. Conditions should be imposed in order to mitigate any significant adverse impacts from
the proposal.
The rezone application and anticipated project are subject to the regulations and requirements
of the Pasco Municipal Code and the City of Pasco Design and Construction Standards. The Design
and Construction Standards require a Traffic Study for proposals that generate 25 or more peak
hour trips. The City (Lead Agency) issued a Mitigated Determination of Non‐Significance (DNS)
on May 11, 2021 advising for the following likely mitigations upon project submittal:
Likely Mitigation Upon Project Application:
a. An inadvertent discovery protocol must be established for the potential
discovery of cultural or historical artifacts before or during
improvements/construction.
b. A traffic impact (TIA) analysis is likely considering the ITE Trip Calculation
preformed, and the anticipated impacts on the I‐182/Broadmoor Freeway
interchange, as well as on surrounding arterial streets.
4. 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 would not be required in this circumstance.
Page 63 of 191
Page 8 of 8
RECOMMENDATION
Staff recommends based on the Findings of Fact and Conclusions that the north 600 feet of Lots
4 & 5 of Record Survey #1932652, Section 7, Township 9 North, Range 29 East, W.M. (Parcels
115210034 and 115210035), located along the west side of Broadmoor Boulevard between the
western extensions of Buckingham Drive to the north and Sandifur Parkway to the south, in
Pasco, WA be rezoned from RT (Residential Transition) to C‐1 (Retail Business District.
Page 64 of 191
COLUMBIAR
IVERCO LUMBIAR
IVERROAD 100SANDIFUR PKWY ROAD 68 NBROADMOORBLVDDENT RDI-1 82 W
W
COURT
ST
BURNS RD BURNS RD
HARRIS RD
I-182E
Benton County WA, Pasco GIS, Maxar
0 1,000 2,000 3,000 4,000500
Feet
0 1,000 2,000 3,000 4,000500
Feet
Overview
Map
Item: Rezone - RT to C-1
Applicant: Broadmoor Properties LLC
File #: Z 2021-006
Page 65 of 191
BROADMOOR BLVDSANDIFUR PKWYHARRIS RD
BURNS RD BURNS RD
Benton County WA, Pasco GIS, Maxar, Microsoft
0 430 850 1,300 1,700210
Feet
0 430 850 1,300 1,700210
Feet
Vicinity
Map
Item: Rezone - RT to C-1
Applicant: Broadmoor Properties LLC
File #: Z 2021-006
Page 66 of 191
SFDUsSFDUs
SFDUs
SFDUs SFDUs
SFDUs
SFDUs
SFDUs
SFDUs
SFDUs
SFDUs
SFDUs
SFDUs
SFDUs
SFDUs
SFDUs
SFDUs
SFDUs
SFDUs
Hotels/Motels
Industrial
Misc
Communication
Commercial
Auto
Commercial
AutoOffice
Professional
Commercial
Personal
Services
Commecial
Services
Commecial
Services
Services -
Professional
Services -
Professional
Services
- Professional
68 - Services
- Educational
Services
- Misc
Services -
Misc
Services
- Misc
Rec.
Activities
Rec.
Activities
Rec.
Activities
AgricultureAgriculture
Agriculture
Agriculture
Agriculture VacantVacantVacant
Vacant
Vacant
Vacant
Vacant
Vacant
Vacant
Vacant
Vacant
Vacant
Vacant
Vacant
BROADMOOR BLVDSA
NDI
FURPKWYHARRIS RD
BURNS RD BURNS RD
0 430 850 1,300 1,700210
Feet
Land Use
Map
Item: Rezone - RT to C-1
Applicant: Broadmoor Properties LLC
File #: Z 2021-006
Page 67 of 191
C-1
CR
R-3
RT
R-1
R-4R-1 R-1
C-1
C-1
RS-20
(County)BROADMOOR BLVDSANDIFUR PKWYHARRIS RD
BURNS RD BURNS RD
0 430 850 1,300 1,700210
Feet
Zoning
Map
Item: Rezone - RT to C-1
Applicant: Broadmoor Properties LLC
File #: Z 2021-006
Page 68 of 191
Mixed Use Regional
Mixed Use Regional
Medium Density
Residential
Open Space Parks
Office
Office
Open Space Parks
Medium High
Density
Residential
Medium Density
Residential
Mixed
Residential
Commercial
Low Density Residential
Public
Quasi-Public
Public
Quasi-Public
Commercial
Low Density
Residential
BROADMOOR BLVDSANDIFUR PKWYHARRIS RD
BURNS RD BURNS RD
0 430 850 1,300 1,700210
Feet
Comp Plan
Map
Item: Rezone - RT to C-1
Applicant: Broadmoor Properties LLC
File #: Z 2021-006
Page 69 of 191
BROADMOOR BLVDSANDIFUR PKWYHARRIS RD
BURNS RD BURNS RD
0 430 850 1,300 1,700210
Feet
"Exhibit A"
Item: Rezone - RT to C-1
Applicant: Broadmoor Properties LLC
File #: Z 2021-006
Page 70 of 191
Page 71 of 191
Looking NorthLooking NorthPage 72 of 191
Looking NortheastLooking NortheastPage 73 of 191
Looking EastLooking EastPage 74 of 191
Looking SoutheastLooking SoutheastPage 75 of 191
Looking SouthLooking SouthPage 76 of 191
Looking SouthwestLooking SouthwestPage 77 of 191
Looking WestLooking WestPage 78 of 191
Looking NorthwestLooking NorthwestPage 79 of 191
Community & Economic Development Department Fee: $825
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
Updated July 2019
CITY OF PASCO
PETITION FOR ZONE CHANGE
Master File # ______________ Date Submitted: ______________
Applicant Info Owner Info
(if different than applicant)
Name: Name:
Address: Address:
Phone: Phone:
Email: Email:
Project Address: _____________________________________________________________________
Project Parcel Number: _______________________________________________________________
Current Zoning: _____________________________________________________________________
Requested Zoning: ___________________________________________________________________
Describe the nature and effect of the proposed change: _____________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
Estimated time frame of development: __________________________________________________
__________________________________________________________________________________
Z 2021-006 11 June 2021
Timothy Ufkes/National Multi Housing Group Broadmoor Properties LLC
601 Union Street, Suite 2710
Seattle WA 98101
6070 Lake Geneva Dr.
Reno NV 89511-5074
(206) 399-9337; (206) 826-5700; (206) 826-5710 fa
timothy.ufkes@marcusmillichap.com
Lots 4 & 5 of Record Survey #1932652
115210034 & 115210035
C-1 & RT
C-1
Rezoning the parcels from C-1 & RT to C-1
would allow the zoning to align with the City's "Mixed Use Regional" Comprehensive Plan Land
Use Map designation; development could occur in alignment with the City's Comprehensive Plan
Land Use goals and policies.
N/A
Page 80 of 191
What conditions warrant the proposed rezone? ________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
How will the proposed rezone advance the health, safety, and general welfare of the community?
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
What effect will the proposed change have on the value and character of adjacent property?
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
How does the proposed rezone relate to the City’s Comprehensive Plan? _______________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
What effect will be realized by the owner(s) if the proposed rezone is not granted? _______________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
NOTE: Provide a variance report giving a list and mailing address of owners of all property within 300
feet of the applicant’s property, as shown by a local title company OR payment of $50.00 which shall
be utilized by the City to obtain a current list of property owners of all properties within 300 feet of
the applicant’s property.
Properties are currently zoned C-1 & RT; C-1 allows
for commercial development; RT acts as a "holding pattern," pending appropriate zoning designation
for development activities. Development is occurring or contemplated for areas to the north, south,
and west of the site. A "Broadmoor Plan" has also been under development for many years.
Rezoning the area to align with the goals and policies of the City's Comprehensive Plan will allow
for orderly development of the area, including appropriate infrastructure.
Aligning the zoning with the goals and policies of the City's Comprehensive Plan will increase the
value and improve the character of the area; the rezone will also help realize the Broadmoor Area
Plan. Surrounding parcels will most likely increase in value.
The rezone is in alignment
with the goals and policies of both the City's comprehensive Plan and the Broadmoor Area Plan
The parcels may
remain vacant and unused; surrounding properties may remain vacant.
Page 81 of 191
Community & Economic Development Department Fee: $825
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
Updated July 2019
Fee for Rezone - $700.00
Environmental Checklist - $ 75.00
Radius Notification - $ 50.00
$825.00
SEPA Checklist Site map Fee of $825
__________________________________________
Signature of Applicant
__________________________________________
*Notarized Signature of Property Owner
State of Washington )
ss.
County of Franklin )
On this _____day of ______________, ________, before me the undersigned, a Notary Public in and
for the State of Washington, duly commissioned an sworn, personally appeared
__________________________________being duly sworn on his/her oath that he/she has prepared
and read the foregoing statements and has acknowledged to me that the recitations contained
therein are true, and has signed this instrument as his/her free and voluntary act and deed for the
purposes therein mentioned.
SUBSCRIBED AND SWORN to before me this _____day of ______________, ________.
________________________________________________
Notary Public in and for the State of Washington
Residing at _________________________
My Commission expires________________________
■■■
Page 82 of 191
Community Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
NOTICE OF PUBLIC HEARING
Si necesita ayuda para entender este aviso o necesita más información, por favor llame al Departamento de
Desarrollo Comunitario y Económico de la Ciudad de Pasco a 509‐545‐3441.
Comment Period Deadline: 14 July 2021
Proposal: Timothy Ufkes, acting on behalf of Broadmoor Properties LLC has submitted an application (MF# Z 2021‐
006) to rezone from RT (Residential Transition) to C‐1 (Retail Business) Lots 4 & 5 of Record Survey #1932652 located
in Section 7, Township 9 North, Range 29 East, W.M., records of Franklin County, Washington (Parcels 115210034
and 115210035). Said property is situated along the west side of Broadmoor Boulevard between the western
extensions of Buckingham Drive to the north and Sandifur Parkway to the south, in Pasco, WA. The proposal is
subject to regulations contained in the Pasco Municipal Code.
Public Comment Period: Written comments on the rezone proposal submitted to the Community Development
Department by 4:00 p.m. on 14 July 2021 will be included in the Hearing Examiner’s meeting packet. You may also
submit comments at the Hearing Examiner meeting advertised below. If you have questions on the proposal, contact
the Planning Division at (509) 545‐3441 or via e‐mail to: planning@pasco‐wa.gov.
Open Record Hearing: The Hearing Examiner will conduct the open record hearing at 6:00 p.m. on 14 July 2021 in
the Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco, Washington. The Hearing Examiner will
consider public testimony concerning the above Rezone application (MF# Z 2021‐006) from RT to C‐1 at this meeting.
If you wish to participate virtually in the hearing, please register at least 2 hours prior to the meeting at the
following registration link:
www.pasco‐wa.gov/publiccomment
After registering, you will receive a confirmation email containing information about joining the webinar.
Required Permits: A City of Pasco grading permit, right‐of‐way permit, and building permits will be needed for future
construction.
Preliminary Determination of Regulations Used for Project Mitigation: Titles 12 (Streets and Sidewalks), 16
(Buildings and Construction), 21 (Urban Area Subdivision Regulations), 25 (Zoning), regulations of the Pasco
Municipal Code, and the land use policies contained in the Pasco Comprehensive Plan.
Estimated Date of the Decision: The City Council is estimated to make a decision on the requested rezone on 16
August 2021.
Prepared 22 June 2021 by: Jeffrey B. Adams, Associate Planner, PO Box 293 Pasco, WA 99301 (509) 545‐3441
Page 83 of 191
City of Pasco Hearing Examiner Page 1 of 3
Recommendation, Rezone, Z 2021-006
CITY OF PASCO HEARING EXAMINER
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDATION
Timothy Ufkes/National Multi Housing Group
Z 2021-006
August 2, 2021
_______________________________________________
1. FINDINGS OF FACT
1.1 Proposal. Rezone 53.53 acres from R-T (Residential Transition) to C-1 (Retail
Business District) to allow for high-volume regional retail use in the Broadmoor Planning Area.
Location. West side of Broadmoor Boulevard between western extensions of
Buckingham Drive to the north and Sandifur Parkway to the south. Parcel numbers
115 210 034, 115 210 035.
Applicant. Timothy Ufkes/National Multi Housing Group, c/o Broadmoor Properties
LLC, 601 Union Street, Ste 2710, Seattle WA 98101.
1.2 Land Use Designations and Rezone Request. The site is within the Broadmoor
Planning Area, which encompasses over 1,600 acres of land in northwest Pasco. Efforts have
been underway to maximize the area's development potential in a way which benefits the
community and region. The goal is to offer mixed uses within a walkable area with open space
and transit friendly design. The Comprehensive Plan designates the site Mixed-Use Regional,
which is intended for the Broadmoor area only and designed to accommodate general retail
operations and shops, grocery stores, higher density residential, dining, and entertainment uses.
The preferred zoning is MU-R (Mixed-Use Regional) but it has not been adopted into code. The
C-1 zoning functionally approximates the desired retail character of the site, and was applied to
the south part of the site in 2016.
North: RT (Vacant)
East: C-1 (STEM High School/Commercial)
South: C-1 (Vacant)
West: RT; C-1 (Vacant)
1.3 Hearing. An open record public hearing was held on July 14, 2021. The hearing
was conducted remotely, but with in-person attendance allowed. Access information was
available to the public to allow citizens to join via either a video link or telephone call-in, if they
elected to not attend in person. Due to video feed connectivity disruption, there were delays in
hearing progression. To ensure any citizens who wished to comment had the opportunity to
provide input, the record was kept open for a week, through July 21. The Examiner stated that if
there were any concerns on comment, or a need to re-open the hearing, comments on same
should be submitted during this period. No additional written comments from the public were
received. At the hearing, the Department, through Mr. Adams, summarized the proposal. No one
from the public indicated a wish to testify.
Page 84 of 191
City of Pasco Hearing Examiner Page 2 of 3
Recommendation, Rezone, Z 2021-006
1.4 Notice. Public notice was mailed to property owners within 300 feet and
published in the Tri-City Herald on June 25, 2021. No concerns on notice were received and
there were no requests to re-open the hearing. City notice requirements have been met.1
1.5 SEPA. The Community and Economic Development Department (“Department”)
issued an unappealed Mitigated Determination of Non-Significance,2 identifying likely
mitigation on project application:
An inadvertent discovery protocol must be established for the potential
discovery of cultural or historical artifacts before or during
improvements/construction.
A traffic impact (TIA) analysis is likely considering the ITE Trip Calculation
performed, and the anticipated impacts on the I-182/Broadmoor Freeway
interchange, as well as on surrounding arterial streets.
1.6 Evidence Reviewed. The Examiner admitted the Department’s Staff Report,
which attached maps (overview, vicinity, use, zoning, and comprehensive plan), and photographs
of the surrounding area. The SEPA Determination and revised maps were submitted after the
hearing and also admitted. Except as revised, the Staff Report is incorporated into these findings.
1.7 Public Comment. Public comment was not received.
1.8 Access. Broadmoor Boulevard frontage.
1.9 Utilities. Existing water and sewer utilities in Broadmoor Boulevard.
1.10 Rezone Considerations. A rezone to C-1 implements the Comprehensive Plan,
and is in accord with its goals and policies, which encourage development of lands designated
for commercial and mixed uses in the Broadmoor Planning Area. Utilities are available, the
location is planned for commercial revelopment and there is a market demand for same. The
rezone allows for the redevelopment as planned. There will be traffic impacts which will be
evaluated on a project specific basis, with future development subject to code requirements and
additional SEPA review and mitigation.
2. CONCLUSIONS
The Examiner issues a rezone recommendation based on whether:
(a) The proposal is in accord with the goals and policies of the Comprehensive
Plan;
(b) The effect of the proposal on the immediate vicinity will be materially
detrimental;
1 PMC 25.210.040; Staff Report, p. 5.
2 Staff Report, p. 7; MDNS (July 8, 2021). The second condition is identified in the Staff Report but not the MDNS
provided to the Examiner. However, future development would likely require this additional analysis.
Page 85 of 191
City of Pasco Hearing Examiner Page 3 of 3
Recommendation, Rezone, Z 2021-006
(c) There is merit and value in the proposal for the community as a whole;
(d) Conditions should be imposed in order to mitigate any significant adverse
impacts from the proposal;
(e) A concomitant agreement should be entered into between the City and the
petitioner, and, if so, the terms and conditions of such an agreement.3
As the Findings detail, the rezone follows these criteria. The proposed zoning is
consistent with the Comprehensive Plan Land Use Map. Surrounding uses include a mix of
commercial and residential uses, along with vacant lands. The rezone allows commercial uses in
keeping with Plan objectives to accommodate planned growth within the City. There is no
material detriment. Due to the City's existing regulatory structure and future project-level review,
a concomitant agreement is not needed. The requested rezone meets the City’s rezone criteria.
RECOMMENDATION
The Hearing Examiner recommends approval of the rezone from R-T to C-1.
RECOMMENDATION entered August 2, 2021.
______________________________
City of Pasco Hearing Examiner
Susan Elizabeth Drummond
3 PMC 25.210.060; PMC 2.50.080.
Page 86 of 191
AGENDA REPORT
FOR: City Council August 11, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 8/16/21
FROM: Rick White, Director
Community & Economic Development
SUBJECT: *Q Ordinance - LFRE Fielding Midland Lane Rezone C-1 to R-4 (Z 2021-
007)
I. REFERENCE(S):
Proposed Ordinance
Report to Hearing Examiner Dated: 14 July 2021
Hearing Examiner Recommendation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. ____, rezoning Lots 12, 13, and 14 of
Binding Site Plan 2002-005 from C-1 to R-4, and further, authorize publication
by summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
On July 14, 2021, the Hearing Examiner held a public hearing to consider a
request to rezone three parcels comprising approximately 6.47 acres acres
located east of Midland Lane, approximately 710 feet north of Sandifur Parkway
in Pasco, WA. (Parcels Nos. 115430172, 115430173, and 115430174) from C-
1 (Retail Business District) to R-4 (High-Density Residential).
Following the conduct of the public hearing, the Hearing Examiner
recommended approval of the applicant's request for a rezone from C -1 (Retail
Business District) to R-4 (High-density Residential).
Page 87 of 191
V. DISCUSSION:
The Comprehensive Plan designates the north ¾ of the northernmost lot
“Medium-Density Residential” and the balance “Mixed Residential/Commercial.”
Both the “Medium-Density Residential” and “Mixed Residential/Commercial”
designations allow for R-4 zoning and may be developed with townhouses and
apartments.
Residential density may range from 6 to 20 dwelling units per acre in the
“Medium-Density Residential” designated area, and 5 to 29 dwelling units per
acre in the “Mixed Residential/Commercial” designation.
The rezone request and its intended use are consistent with the Comprehensive
Plan Land Use Map designations.
Page 88 of 191
Ordinance – Rezone Z 2021-007 - 1
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
Attn: City Clerk
525 North 3rd Avenue
Pasco, WA 99301
____________________________________________________________________________
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON
REZONING LOTS 12, 13, AND 14 OF BINDING SITE PLAN 2002-005, IN THE
NW 1/4 OF SECTION 8, TOWNSHIP 9 NORTH, RANGE 29 EAST,
WILLAMETTE MERIDIAN, PASCO, FRANKLIN COUNTY, WASHINGTON
(PARCELS Nos. 115430172, 115430173, AND 115430174) FROM C-1 TO R-4.
WHEREAS, the petitioner seeks to rezone a parcel owned by petitioner and located east
of Midland Lane, approximately 710 feet north of Sandifur Parkway in Pasco, WA; and
WHEREAS, a complete and adequate petition for change of zoning classification meeting
the requirements of PMC 25.210.030 has been received by the City and, after notice was issued
under PMC 25.210.040, an open record hearing was conducted by the Pasco Hearing Examiner
upon such petition on the 14th day of July 2021; and
WHEREAS, based upon substantial evidence and demonstration of the Petitioner, that:
(A) the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (B)
the effect of the proposal on the immediate vicinity is not materially detrimental; and (C) there is
merit and value in the proposal for the community as a whole, the Hearing Examiner developed
findings, conclusions, and a recommendation of approval of the petition in accordance with PMC
25.210.060 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. 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 District) to R-4 (High-density Residential) for the real property as shown in Exhibit
A attached hereto and described as follows:
Page 89 of 191
Ordinance – Rezone Z 2021-007 - 2
Lots 12, 13, and 14 of Binding Site Plan 2002-005, in the NW 1/4 of Section 8,
Township 9 North, Range 29 East, Willamette Meridian, Pasco, Franklin County,
Washington. (Parcels Nos. 115430172, 115430173, and 115430174).
Section 2. This Ordinance shall take full force and effect five (5) days after its approval,
passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, this ____ day of
________, 2021.
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Published _____________________
Page 90 of 191
MIDLAND LNMAJESTIA LNSANDIFUR PKWYMIDLAND LNOUTLET DRVINCENZO DRMIA LNKENT LNCOTSWOLD LNRUVEN STBEDFORDSTROAD 920 210 420 630 840110Feet"Exhibit A"Item: Rezone - Midland Lane- C-1 to R-4Applicant: LFRE Development LLC - Cody FieldingFile #: Z 2021-007Page 91 of 191
PUBLIC HEARING
City Hall – 525 North Third Avenue – Council Chambers
DATE: WEDNESDAY, 14 July 2021
6:00 PM
1
MASTER FILE #: Z 2021‐007
APPLICANT: Cody Fielding/LFRE Development LLC
6119 Burden Blvd, Suite C
Pasco, WA 99301
REQUEST: REZONE: Midland Lane Rezone C‐1 to R‐4
BACKGROUND
1. PROPERTY DESCRIPTION:
Legal: Lots 12, 13, and 14 of Binding Site Plan 2002‐005; (Parcels #115430172,
115430173, and 115430174), in the NW 1/4 of Section 8, Township 9 North, Range 29
East, Willamette Meridian, Pasco, Franklin County, Washington.
General Location: Generally located east of Midland Lane, approximately 710 feet north
of the Midland Ln/Sandifur Pkwy intersection in Pasco, WA.
Property Size: 6.47 acres (282,025.90 square feet).
2. ACCESS: The parcel has access from Midland Lane.
3. UTILITIES: Existing water and sewer utilities in Midland Lane.
4. LAND USE AND ZONING: All three lots are undeveloped and are zoned C‐1 (Retail
Commercial). Surrounding properties are zoned and developed as follows:
NORTH: R‐3 Mediterranean Villas Condos
EAST: C‐1 Mini Storage Facility
SOUTH: C‐1 Offices
WEST: C‐1 Vacant Land
5. Comprehensive Plan: The Comprehensive Plan has recently been updated and approved
by City Council; the north ¾ of the northernmost lot has been designated “Medium‐
Density Residential” by the Comprehensive Plan Land Use Map; the balance is designated
“Mixed Residential/Commercial.” The “Medium‐Density Residential” designation allows
for R‐2 through R‐4 and RP zoning, and single‐family dwellings, patio homes, townhouses,
apartments, and condominiums are all appropriate for this area. Residential density may
range from 6 to 20 dwelling units per acre. The “Mixed Residential/Commercial” allows
for R‐1 through R‐4, C‐1 and O, as well as Waterfront zoning; this Land Use designation
allows a combination of mixed‐use residential and commercial in the same development,
and uses may include single‐family dwellings, patio homes, townhouses, apartments and
Page 92 of 191
2
condominiums. Residential densities may range between 5 to 29 dwelling units per acre.
Neighborhood shopping and specialty centers, business parks, service and office uses.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project.
Based on the State Environmental Policy Act (“SEPA”) checklist, Comprehensive Plan,
applicable regulations, and other information, a threshold determination resulting in
Mitigated Determination of Non‐Significance (MDNS) was issued on June 29, 2021 for this
project under WAC 197‐11‐158.
ANALYSIS
Request
Cody Fielding, in behalf of LFRE Development LLC, has submitted an application to rezone Parcels
#115430172, 115430173, and 115430174, located east of Midland Lane, approximately 710 feet
north of the Midland Ln/Sandifur Pkwy intersection in Pasco, WA., from C‐1 (Retail Business
District) to R‐4 (High‐density Residential). Applicant anticipates developing “apartments that look
and feel like townhouses” on the site.
Site
The site has frontage access on Midland Lane, which connects to Sandifur Parkway to the south.
The site contains approximately 6.47 acres (282,025.90 square feet)..
The Comprehensive Plan designates the north ¾ of the northernmost lot “Medium‐Density
Residential” and the balance “Mixed Residential/Commercial.”
Both the “Medium‐Density Residential” and “Mixed Residential/Commercial” designations allow
for R‐4 zoning and may be developed with townhouses and apartments.
Residential density may range from 6 to 20 dwelling units per acre in the “Medium‐Density
Residential” designated area, and 5 to 29 dwelling units per acre in the “Mixed
Residential/Commercial” designation.
The rezone request and its intended use are consistent with both Comprehensive Plan Land Use
Map designations.
History
The site was annexed into the City in 1982 (Ordinance 2388) and assigned C‐1‐D (Designated
Shopping Center) zoning.
In 1994 the upper lot was rezoned to R‐T and the lower two lots were rezoned to C‐1 (Retail
Commercial; Ordinance 3002); in 2000 the upper lot was also rezoned to C‐1 (Ordinance 3415).
The parcel adjacent to the east was developed in 2000 as the Desert Ice Skating Arena; the
owners received approval for a Special Permit to convert it into a mini storage facility in 2005,
and again to expand the use in 2014.
Page 93 of 191
3
The Mediterranean Villas condominiums expanded in 2007 with the development of Phase 4
located to the north of the site.
two medical/professional office buildings, one in 2003 and another in 2012, were constructed to
the south along Sandifur Parkway.
The City has recently approved a major update to its Comprehensive Plan. The revised Land Use
Element of the approved Plan designated the north ¾ of the northernmost lot “Medium‐Density
Residential” and the balance “Mixed Residential/Commercial.”
Rezone Criteria
The initial review criteria for considering a rezone application are explained in PMC 25.210.030.
The criteria are listed below as follows:
1. The date the existing zone became effective:
The lower two lots were rezoned to C‐1 In 1994; the upper lot was rezoned to C‐1 in 2000.
2. The changed conditions, which are alleged to warrant other or additional zoning:
Development has occurred to the north, east and south; further development is contemplated for
the area west of the site.
City Council has recently approved an update to the Comprehensive Plan; The Land Use Element
of the Plan now designates the north ¾ of the northernmost lot “Medium‐Density Residential”
and the balance “Mixed Residential/Commercial.”
Both the “Medium‐Density Residential” and “Mixed Residential/Commercial” designations allow
for R‐4 zoning and may be developed with townhouses and apartments.
Residential density may range from 6 to 20 dwelling units per acre in the “Medium‐Density
Residential” designated area, and 5 to 29 dwelling units per acre in the “Mixed
Residential/Commercial” designation.
3. Facts to justify the change on the basis of advancing the public health, safety and general
welfare:
The rezone application and proposal are consistent with the Pasco 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 would allow for residential density between 6 to 20
dwelling units per acre in the “Medium‐Density Residential” designated area, and 5 to 29 dwelling
units per acre in the “Mixed Residential/Commercial” designated area.
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 development of single‐family
dwellings, patio homes, townhouses, apartments, and/or condominiums, all of which are
appropriate for this area, in alignment with the Land Use Element of the Comprehensive Plan.
Page 94 of 191
4
The rezone application is consistent with and meets the intent of the newly revised and approved
goals and policies of the Comprehensive Plan.
5. The effect on the property owner or owners if the request is not granted:
If the property remains with the current C‐1 zoning designation the site would likely continue to
remain vacant for a while, as the property does not front on an arterial street, and residential
demand is currently outpacing commercial in the area by a fair margin.
6. The Comprehensive Plan land use designation for the property
The City Council has recently approved an update to the Comprehensive Plan; The Land Use
Element of the Plan now designates the north ¾ of the northernmost lot “Medium‐Density
Residential” and the balance “Mixed Residential/Commercial.”
Both the “Medium‐Density Residential” and “Mixed Residential/Commercial” designations allow
for R‐4 zoning and may be developed with townhouses and apartments.
7. Such other information as the Hearing Examiner requires
The rezone application is consistent with and meets the intent of the Comprehensive Plan, and
City Council Goals on housing. The opportunity for additional high‐density residential uses in this
area supports the Land Use Element of the Comprehensive Plan.
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 Hearing Examiner may add additional
findings to this listing as the result of factual testimony and evidence submitted during the open
record hearing.
1. Public notice of this hearing was sent to property owners within 300 feet of the property
and posted in the Tri‐City Herald on 25 June 2021.
2. Applicant wishes to rezone three Parcels (#115430172, 115430173, and 115430174)
from C‐1 to R‐4.
3. The three parcels are located on Midland Lane and north of Sandifur Parkway.
4. Applicant anticipates developing “apartments that look and feel like townhouses.”
5. The site has frontage access on Midland Lane.
6. Midland Lane connects to Sandifur Parkway to the south.
7. Sandifur Parkway is an arterial street.
8. The site contains approximately 6.47 acres (282,025.90 square feet).
9. The Comprehensive Plan designates the north ¾ of the northernmost lot “Medium‐
Density Residential” and the balance “Mixed Residential/Commercial.”
10. Both the “Medium‐Density Residential” and “Mixed Residential/Commercial”
designations allow for R‐4 zoning.
Page 95 of 191
5
11. Both the “Medium‐Density Residential” and “Mixed Residential/Commercial”
designations may be developed with townhouses and apartments.
12. Residential density may range from 6 to 20 dwelling units per acre in the “Medium‐
Density Residential” designated area.
13. Residential density may range from and 5 to 29 dwelling units per acre in the “Mixed
Residential/Commercial” designation.
14. The rezone request and its intended use are consistent with both Comprehensive Plan
Land Use Map designations.
15. The site was annexed into the City and assigned C‐1‐D (Designated Shopping Center)
zoning in 1982.
16. In 1994 the upper lot was rezoned to R‐T and the lower two lots were rezoned to C‐1.
17. In 2000 the upper lot was rezoned to C‐1.
18. Adjacent parcels to the north, east, and south have all been developed between 2000
and 2014.
19. Adjacent uses include condominium, mini storage, and medical/office uses.
20. expanded in 2007 with the development of Phase 4 located to the north of the site.
21. The City has recently approved a major update to its Comprehensive Plan.
TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of a rezone, the Hearing Examiner must develop
findings of fact from which to draw its conclusions based upon the criteria listed in PMC
25.210.060. The criteria are as follows:
1. The proposal is in accordance with the goals and policies of the Comprehensive Plan.
City Council has recently approved an update to the Comprehensive Plan; The Land Use Element
of the Plan now designates the north ¾ of the northernmost lot “Medium‐Density Residential”
and the balance “Mixed Residential/Commercial.”
Both the “Medium‐Density Residential” and “Mixed Residential/Commercial” designations allow
for R‐4 zoning and may be developed with townhouses and apartments.
Residential density may range from 6 to 20 dwelling units per acre in the “Medium‐Density
Residential” designated area, and 5 to 29 dwelling units per acre in the “Mixed
Residential/Commercial” designation.
The proposal also aligns with the following Comprehensive Plan Goals and Policies:
Land Use Policy LU‐4‐A: Encourage infill and higher density uses within proximity to major travel
corridors and public transportation service areas.
Land Use Policy LU‐4‐B: Encourage the development of walkable communities by increasing
mixed‐use (commercial/residential) developments that provide households with neighborhood
and commercial shopping opportunities.
Page 96 of 191
6
Housing Goal H‐1: Encourage housing for all economic segments of the city’s population
consistent with the local and regional market.
Housing Policy H‐1‐A: Allow for a full range of housing including single family homes,
townhouses, condominiums, apartments, manufactured housing, accessory dwelling units, zero‐
lot‐line, planned unit developments, etc.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
The Comprehensive Plan has recently been updated for the area and the Land Use Element of
the Plan now designates the north ¾ of the northernmost lot “Medium‐Density Residential” and
the balance “Mixed Residential/Commercial.”
Both the “Medium‐Density Residential” and “Mixed Residential/Commercial” designations allow
for R‐4 zoning and may be developed with townhouses and apartments.
The application for rezone is consistent with the Comprehensive Plan Land Use Element for the
area and meets the intent of the Goals and Policies for the property. The proposal will not be
materially detrimental to the immediate vicinity.
3. There is merit and value in the proposal for the community as a whole.
The proposed rezone application is consistent with the Comprehensive Plan Land Use Map and
the Goals and Policies as adopted by the Pasco City Council (Ordinance 4537)
The Comprehensive Plan has recently been updated for the area and now designates the north
¾ of the northernmost lot “Medium‐Density Residential” and the balance “Mixed
Residential/Commercial.”
Both the “Medium‐Density Residential” and “Mixed Residential/Commercial” designations allow
for R‐4 zoning and may be developed with townhouses and apartments.
4. Conditions should be imposed in order to mitigate any significant adverse impacts from
the proposal.
The rezone application and anticipated project are subject to the regulations and requirements
of the Pasco Municipal Code and the City of Pasco Design and Construction Standards. The Design
and Construction Standards require a Traffic Study for proposals that generate 25 or more peak
hour trips. The City (Lead Agency) issued a Mitigated Determination of Non‐Significance (MDNS)
on 29 June 2021. Upon Project Application, mitigation will likely include the following:
a) An inadvertent discovery protocol must be established for the potential discovery of
cultural or historical artifacts before or during improvements/construction.
b) A traffic impact (TIA) analysis is likely considering the ITE Trip Calculation preformed. It is
the responsibility of the developer to inform the City as to whether they would like to
self‐perform the TIA or if they would like the City to do it.
Page 97 of 191
7
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 would not be required in this circumstance.
RECOMMENDATION
Staff recommends based on the Findings of Fact and Conclusions that Lots 12, 13, and 14 of
Binding Site Plan 2002‐005 in the NW 1/4 of Section 8, Township 9 North, Range 29 East,
Willamette Meridian, Pasco, Franklin County, Washington (Parcels #115430172, 115430173, and
115430174), located east of Midland Lane, approximately 710 feet north of the Midland
Ln/Sandifur Pkwy intersection be rezoned from C‐1 (Retail Business District) to R‐4 (High‐density
Residential).
Page 98 of 191
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Overview
Map
Item: Rezone - Midland Lane- C-1 to R-4
Applicant: LFRE Development LLC - Cody Fielding
File #: Z 2021-007
Page 99 of 191
MIDLAND LNMAJESTIA LN
SANDIFUR PKWY
MIDLAND LNOUTLET DRVINCENZO DR
MIA LN KENT LNCOTSWOLD LNRUVEN ST
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RD S T ROAD 920 210 420 630 840110
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Vicinity
Map
Item: Rezone - Midland Lane- C-1 to R-4
Applicant: LFRE Development LLC - Cody Fielding
File #: Z 2021-007
Page 100 of 191
SFDUsSFDUs
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68 - Services
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MIDLAND LNMAJESTIA LN
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Feet
Land Use
Map
Item: Rezone - Midland Lane- C-1 to R-4
Applicant: LFRE Development LLC - Cody Fielding
File #: Z 2021-007
Page 101 of 191
C-1
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R-3 R-3
C-1
C-1
R-3
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MIDLAND LNMAJESTIA LN
SANDIFUR PKWY
MIDLAND LNOUTLET DRVINCENZO DR
MIA LN KENT LNCOTSWOLD LNRUVEN ST
B E D FO RDSTROAD 920 210 420 630 840110
Feet
Zoning
Map
Item: Rezone - Midland Lane- C-1 to R-4
Applicant: LFRE Development LLC - Cody Fielding
File #: Z 2021-007
Page 102 of 191
Medium Density
Residential
Medium Density
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Mixed
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CommercialPublicQuasi-PublicCommercial
CommercialMIDLAND LNMAJESTIA LN
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MIDLAND LNOUTLET DRVINCENZO DR
MIA LN KENT LNCOTSWOLD LNRUVEN ST
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RD S T ROAD 920 210 420 630 840110
Feet
Comp Plan
Map
Item: Rezone - Midland Lane- C-1 to R-4
Applicant: LFRE Development LLC - Cody Fielding
File #: Z 2021-007
Page 103 of 191
MIDLAND LNMAJESTIA LN
SANDIFUR PKWY
MIDLAND LNOUTLET DRVINCENZO DR
MIA LN KENT LNCOTSWOLD LNRUVEN ST
BEDF
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RD S T ROAD 920 210 420 630 840110
Feet
"Exhibit A"
Item: Rezone - Midland Lane- C-1 to R-4
Applicant: LFRE Development LLC - Cody Fielding
File #: Z 2021-007
Page 104 of 191
Looking NorthPage 105 of 191
Looking NortheastPage 106 of 191
Looking EastPage 107 of 191
Looking SoutheastPage 108 of 191
Looking SouthPage 109 of 191
Looking SouthwestPage 110 of 191
Looking WestPage 111 of 191
Looking NorthwestPage 112 of 191
Cell Tower to EastPage 113 of 191
iii f i , I iii City of�II Pasco
Master File# -Z. L 0 '-t ·001
Applicant Info
Name:
Community & Economic Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
CITY OF PASCO
PETITION FOR ZONE CHANGE
Fee: $825
Date Submit ted: � /2. ':) /,-02.'$ •
Owner Info
(if different than applicant)
Name:
LFRE Development LLC-Cody Fielding, Principal Sound Investment Group and LFRE Development
Address: Address:
6119 Burden Blvd, Suite C, Pasco, WA 99301 PO Box 4770, Pasco, WA 99301 and
6119 Burden Blvd, Suite C, Pasco, WA 99301
Phone: Phone:
509.492.8611 509.460.9600 and 509.492.8611
Email: Email:
cody@lfre.com kees@forza-realty.com and cody@lfre.com
Project Address: Unaddressed -east side of Midland Lane
Project Parcel Number: 115430174, 115430173, and 115430172
Current Zoning: C-1 Retail Business
Requested Zoning: R -4 High Density Residential
Describe the nature and effect of the prop osed change: Rezoning the site to the R-4 zone will
provide consistency with the City's recent comprehensive plan change that reclassified the site as
Mixed Residential/Commercial. Development will be apartments that look and feel like townhouses.
Many are unable to afford a house, so this product is a suitable alternative while working towards
home ownership. Rental rates will be affordable in that they will not be at a luxury price point.
Estimated time frame of development: Development construction plans will begin to be prepared
after the rezone request is approved, with full build-out within 2 years.
Updated July 2019
Page 114 of 191
What conditions warrant the proposed rezone? The city's changing of the land use classifications
necessitates the rezone so that there is consistency between the future land uses and the zone. The
city's 2018 land capacity analysis identifies the need for accommodation of an additional 17,866
residents and further notes that 1,965 acres of residential land is needed for the additional people.
How will the proposed rezone advance the health, safety, and general welfare of the community?
This rezone will help to meet the Comprehensive Plan's goals of providing the opportunity for
additional housing development to take place in accordance with the city's goals, standards, and
rules. Development will include installation of/improvements to public infrastructure, utilities, streets.
What effect will the proposed change have on the value and character of adjacent property?
There will be minimal to no adverse impact since adjacent sites have the same future land use as
the site, which will result in similar uses on the undeveloped adjacent property. Developed sites are
residential and neighborhood commercial uses, consistent with the proposed project's use.
How does the proposed rezone relate to the City's Comprehensive Plan? It is in keeping with the
following 2027 Comprehensive Plan goals -Land Use Goals 1, 2, and 3; Housing Goals 1, 2, and 4
Capital Facilities Goal 2; Utilities Goals 2 and 3; and Transportation Goal 1. Brings into compliance
with Comp Plan future land use classification, avoid urban sprawl, meet future housing needs
What effect will be realized by the owner(s) if the proposed rezone is not granted? The undeveloped
site has been for sale for several years with its C-1 zone, with no buyers. Multi-family land is in very
short supply and would allow the owner to build and provide much-needed housing for the city, thus
making the land more valuable to the owner since residential is the highest and best use of the site.
NOTE: Provide a variance report giving a list and mailing address of owners of all property within 300
feet of the applicant's property, as shown by a local title company OR payment of $50.00 which shall
be utilized by the City to obtain a current list of property owners of all properties within 300 feet of
the applicant's property.
Page 115 of 191
1 t· c· <t ii ii � Ity Community & Economic Development Department•11 •• asco PO Box 293,525 N 3rd Ave, Pasco, WA 99301
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P: 509.545.3441 / F: 509.545 .3499
Fee for Rezone
Environmental Checklist
Radius Notification
$700.00
$ 75.00
$ 50.00
$825.00
b(SEPA Checklist □Site map la'Fee of $825
State of Washington
County of Franklin
Owner
ss.
Fee:$825
On this� day of 11/Cc.� , � I before me the undersigned, a Notary Public in and
for the State of Washington, duly commissioned an sworn, personally appeared C'o d � r-i.etd) V'le being duly sworn on his/her oath that he/she has prepared
and rea the foregoing statements and has acknowledged to me that the recitations contained
therein are true, and has signed this instrument as his/her free and voluntary act and deed for the
purposes therein mentioned.
SUBSCRIBED AND SWORN to before me thisdlP day of
Updated July 2019
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Page 116 of 191
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ity & Economic Development Department
• 11 • ....,asco PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
"'111111111111
P: 509.545.3441 / F: 509.545.3499
Fee for Rezone
Environmental Checklist
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Fee: $825
On this �ay of M 1l'i 1Jf2 l , before me the undersigned, a Notary Public in and
for the State of ��ngton, duly commissioned an sworn, personally appeared
l(, ff 5 \(() � ::\-e),--being duly sworn on his/her oath that. he/she has prepared
and read the foregoing statements and has acknowledged to me that the recitations contained
therein are true, and has signed this instrument as his/her free and voluntary act and deed for the
purposes therein mentioned.
r1r-11-ti.. j SUBSCRIBED AND SWORN to before me this t)J/ day of �-�� ?...eel.
Updated July 2019
No ary Public in and for the State of-¥\l-i:��WHtttioe,-..4
Residing at \<)!LS" €, {tfl (¼I !01. $ck'>1tsdaJe, Ar ��?Ca6My Commission expires 03:/2.C)f1.02.,2 i
Page 117 of 191
,I ii Cityef II' Pasco Community Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
MITIGATED DETERMINATION OF NON-SIGNIFICANCE
(Optional DNS Process)
Issuance Date: June 29, 2021
Project Name: LFRE Development LLC Site Development Rezone
Project Number: SEPA 2021-040 and SEPA 2021-041 / Z 2021-007 and Z 2021-008
Proponent:
Applicant:
Cody Fielding, c/o LFRE Development LLC
6119 Burden Blvd, Suite C
Pasco, WA 99301
Cody Fielding, c/o LFRE Development LLC
6119 Burden Blvd, Suite C
Pasco, WA 99301
Description of Proposal: Approval of two rezone applications (MF# Z 2021-007 and Z
2021-008) from C-1 to R-4 f9r Franklin County, Washington Parcels #115430172,
115430173, 115430174, and 115392068.
Location of Proposal:
Site #1: Lots 12, 13, and 14 of Binding Site Plan 2002-005; Generally located east of
Midland Lane, approximately 710 feet north of the Midland Ln/Sandifur Pkwy intersection
(Parcels #115430172, 115430173, and 115430174), in the NW 1/4 of Section 8, Township
9 North, Range 29 East, Willamette Meridian, Pasco, Franklin County, Washington.
Site #2: Lot 22, Coles Estates; generally located east of Road 92, approximately 505 feet
north of the Road 92/Sandifur Parkway intersection (Parcel #115392068), in the NW 1/4
of Section 8, Township 9 North, Range 29 East, Willamette Meridian, Pasco, Franklin
County, Washington.
Likely Mitigation Upon Project Application:
1.An inadvertent discovery protocol must be established for the potential discovery
of cultural or historical artifacts before or during improvements/construction.
2.A traffic impact (TIA) analysis is likely considering the ITE Trip Calculation
preformed. It is the responsibility of the developer to inform the City as to whether
they would like to self-perform the TIA or if they would like the City to do it.
Page 118 of 191
Lead Agency: City of Pasco
The City of Pasco, acting as lead agency for this proposal, has determined that it does not
have a probable significant adverse impact on the environment. An environmental impact
statement (EIS} is not required under RCW 43.21C.030{2)(c). This decision was made after
review of a completed environmental checklist and other information on file with the lead
agency. This information is available to the public on request. This MDNS is issued after
using the optional DNS process in WAC 197-11-355. There is no further comment period
on the MDNS. Appeals must be fi/ed within 10 days of this determination.
Responsible Official:� �t
Rick White, Community & Economic Development Director
Address: PO Box 293, Pasco, WA 99301-0293
Phone: (509) 545-3441
Appeals: You may appeal this determination of non-significance by submitting an appeal
to the address below no later than 10 days from issuance. The appeal must be in written
form, contain a concise statement of the matter being appealed and the basic rationale
for the appeal. A fee is required per the City's Fee Resolution. Please note that failure to
file a timely and complete appeal shall constitute a waiver of all rights to an administrative
appeal under City code. All comments or appeals are to be directed to the City of Pasco
Planning Department, PO Box 293, Pasco, WA, 99301, Attn: Rick White.
Page 119 of 191
City of Pasco Hearing Examiner Page 1 of 3
Recommendation, Rezone, Z 2021-007
CITY OF PASCO HEARING EXAMINER
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDATION
Cody Fielding/LFRE Development, LLC, Z 2021-007
August 2, 2021
_______________________________________________
1. FINDINGS OF FACT
1.1 Proposal. Rezone a vacant 6.47 acre parcel from C-1 (Retail Business) to R-4
(High Density Residential). The Applicant anticipates developing apartments with a townhouse
“look and feel.”
Location. East of Midland Lane, about 710 feet north of the Midland Lane/Sandifur
Parkway intersection.
Applicant. Cody Fielding/LFRE Development LLC, 6119 Burden Boulevard, Ste C,
Pasco, WA 99301.
1.2 Land Use Designations and Rezone Request. The Comprehensive Plan
designates the site Medium Density Residential and Mixed Residential/Commercial. Both allow
for R-4 zoning and intend for a combination of mixed-use residential and commercial uses,
including single-family and multi-family housing. Contemplated dwelling units per acre are 6-20
for MDR and 5-29 for MR/C. Surrounding properties are zoned and developed as follows:
North: R-3, Mediterranean Villas Condos
East: C-1, Mini Storage Facility
South: C-1, Offices
West: C-1, Vacant Land
With the current C-1 zoning, multi-family housing is not allowed. The Applicant is
seeking a rezone to R-4, which permits the creation of lots at a minimum 1,500 square feet and
would allow for multi-family housing construction. The rezone request and its intended use are
consistent with the Comprehensive Plan.
1.3 Hearing. An open record public hearing was held on July 14, 2021. The hearing
was conducted remotely, but with in-person attendance allowed. Access information was
available to the public to allow citizens to join via either a video link or telephone call-in, if they
elected to not attend in person. Due to video feed connectivity disruption, there were delays in
hearing progression. To ensure any citizens who wished to comment had the opportunity to
provide input, the record was kept open for a week, through July 21. The Examiner stated that if
there were any concerns on comment, or a need to re-open the hearing, comments on same
should be submitted during this period. No additional written comments from the public were
received. At the hearing, the Department, through Mr. Adams, summarized the proposal. The
Applicant, through Mr. Fielding, spoke on the housing shortage and the opportunities the site
provides to help address this issue. No one from the public indicated a wish to testify.
Page 120 of 191
City of Pasco Hearing Examiner Page 2 of 3
Recommendation, Rezone, Z 2021-007
1.4 Notice. Public notice was mailed to property owners within 300 feet and
published in the Tri-City Herald on June 25, 2021. No concerns on notice were received and
there were no requests to re-open the hearing. City notice requirements have been met.1
1.5 SEPA. The Community and Economic Development Department (“Department”)
issued an unappealed Mitigated Determination of Non-Significance,2 identifying likely
mitigation on project application:
An inadvertent discovery protocol must be established for the potential
discovery of cultural or historical artifacts before or during
improvements/construction.
A traffic impact (TIA) analysis is likely considering the ITE Trip Calculation
performed. It is the responsibility of the developer to inform the City as to
whether they would like to self-perform the TIA or if they would like the City
to do it.
1.6 Evidence Reviewed. The Examiner admitted the Department’s Staff Report,
which attached maps (overview, vicinity, use, zoning, and comprehensive plan), photographs of
the surrounding area, and the DNS. Except as revised, the Staff Report is incorporated into these
findings.
1.7 Public Comment. Two written comments opposing the rezone were submitted.
The comments objected based on the density increase, traffic impacts, noise, and safety.
1.8 Utilities. Midland Lane has existing municipal water and sewer utilities.
1.9 Access. Midland Lane.
1.10 Rezone Considerations. A rezone to R-4 implements the Comprehensive Plan,
and is in accord with its goals and policies, which encourage development of lands designated
for high-density residential uses where utilities are available, the location is suitable for multi-
family residences, and there is market demand. The rezone allows for the construction of multi-
family housing, which is needed in Pasco. There are traffic impacts which will be evaluated on a
project specific basis, as the MDNS outlines. With greater densities, economic opportunities
arise from use co-location, which can reduce vehicle trips. The rezone will enhance affordable
housing opportunities proximate to public facilities and commercial centers.
2. CONCLUSIONS
The Examiner issues a rezone recommendation based on whether:
(a) The proposal is in accord with the goals and policies of the Comprehensive
Plan;
1 PMC 25.210.040; Staff Report, p. 4.
2 Staff Report, p. 2; MDNS (June 29, 2021).
Page 121 of 191
City of Pasco Hearing Examiner Page 3 of 3
Recommendation, Rezone, Z 2021-007
(b) The effect of the proposal on the immediate vicinity will be materially
detrimental;
(c) There is merit and value in the proposal for the community as a whole;
(d) Conditions should be imposed in order to mitigate any significant adverse
impacts from the proposal;
(e) A concomitant agreement should be entered into between the City and the
petitioner, and, if so, the terms and conditions of such an agreement.3
As the Findings detail, the rezone follows these criteria. The proposed zoning is
consistent with the Comprehensive Plan Land Use Map. Surrounding uses include a mix of
commercial and residential uses. The rezone allows residential densities in keeping with Plan
objectives to accommodate planned growth within the City. There is no material detriment. Due
to the City's existing regulatory structure and future project-level review, a concomitant
agreement is not needed. The requested rezone meets the City’s rezone criteria.
RECOMMENDATION
The Hearing Examiner recommends approval of the rezone from C-1 to R-4.
RECOMMENDATION entered August 2, 2021.
______________________________
City of Pasco Hearing Examiner
Susan Elizabeth Drummond
3 PMC 25.210.060; PMC 2.50.080.
Page 122 of 191
AGENDA REPORT
FOR: City Council August 11, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 8/16/21
FROM: Rick White, Director
Community & Economic Development
SUBJECT: *Q Ordinance - LFRE Fielding Road 92 Rezone C-1 to R-4 (Z 2021-008)
I. REFERENCE(S):
Proposed Ordinance
Report to Hearing Examiner Dated: 14 July 2021
Hearing Examiner Recommendation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. ____, rezoning Lot 22, Cole's Estates;
in the NW 1/4 of Section 8, Township 9 North, Range 29 East, Willamette
Meridian, Pasco, Franklin County, Washington, from C-1 to R-4 and further,
authorize publication by summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
On July 14, 2021, the Hearing Examiner held a public hearing to consider a
request to rezone a parcel comprising approximately 1.91 acres acres located
east of Road 92, approximately 505 feet north of Sandifur Parkway in Pasco,
WA.. (Parcel #115392068) from C-1 (Retail Business District) to R-4 (High-
density Residential).
Following the conduct of the public hearing, the Hearing Examiner
recommended approval of the applicant's request for a rezone from C -1 (Retail
Business District) to R-4 (High-density Residential).
Page 123 of 191
V. DISCUSSION:
The Comprehensive Plan designates the lot “Mixed Residential/Commercial."
The “Mixed Residential/Commercial” designation allows for R-4 zoning and may
be developed with townhouses and apartments.
Residential density may range from 5 to 29 dwelling units per acre in the “Mixed
Residential/Commercial” designation.
The rezone request and its intended use are both consistent with the
Comprehensive Plan Land Use Map designation.
Page 124 of 191
Ordinance – Rezone Z 2021-008 - 1
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
Attn: City Clerk
525 North 3rd Avenue
Pasco, WA 99301
____________________________________________________________________________
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON
REZONING LOT 22, COLES ESTATES; IN THE NW 1/4 OF SECTION 8,
TOWNSHIP 9 NORTH, RANGE 29 EAST, WILLAMETTE MERIDIAN,
PASCO, FRANKLIN COUNTY, WASHINGTON (PARCEL No. 115392068)
FROM C-1 TO R-4.
WHEREAS, the petitioner seeks to rezone a parcel owned by petitioner and located east
of Road 92, approximately 505 feet north of Sandifur Parkway in Pasco, WA; and
WHEREAS, a complete and adequate petition for change of zoning classification meeting
the requirements of PMC 25.210.030 has been received by the City and, after notice was issued
under PMC 25.210.040, an open record hearing was conducted by the Pasco Hearing Examiner
upon such petition on the 14th day of July 2021; and
WHEREAS, based upon substantial evidence and demonstration of the Petitioner, that:
(A) the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (B)
the effect of the proposal on the immediate vicinity is not materially detrimental and (C) there is
merit and value in the proposal for the community as a whole; the Hearing Examiner developed
findings, conclusions, and a recommendation of approval of the petition in accordance with PMC
25.210.060 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. 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 District) to R-4 (High-density Residential) for the real property as shown in Exhibit
A attached hereto and described as follows:
Page 125 of 191
Ordinance – Rezone Z 2021-008 - 2
Lot 22, Coles Estates; in the NW 1/4 of Section 8, Township 9 North, Range 29
East, Willamette Meridian, Pasco, Franklin County, Washington (Parcel No.
115392068).
Section 2. This Ordinance shall take full force and effect five (5) days after its approval,
passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, this ____ day of
________, 2021.
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Published ________________________
Page 126 of 191
SANDIFUR PKWYMIDLAND LNOUTLET DRROAD 90VINCENZO DRWILSHIRE DRMAJESTIA LNWESTMINSTERLNKENT LNCOTSWOLD LNSOPHIE RAE CTRUVEN STROAD 92MIDLAND LN0 210 420 630 840110Feet"Exhibit A"Item: Rezone - Road 92 - C-1 to R-4Applicant: LFRE Development LLC - Cody FieldingFile #: Z 2021-008Page 127 of 191
PUBLIC HEARING
City Hall – 525 North Third Avenue – Council Chambers
DATE: WEDNESDAY, 14 July 2021
6:00 PM
1
MASTER FILE #: Z 2021‐008
APPLICANT: Cody Fielding/LFRE Development LLC
6119 Burden Blvd, Suite C
Pasco, WA 99301
REQUEST: REZONE: Road 92 Rezone C‐1 to R‐4
BACKGROUND
1. PROPERTY DESCRIPTION:
Legal: Lot 22, Coles Estates; in the NW 1/4 of Section 8, Township 9 North, Range 29 East,
Willamette Meridian, Pasco, Franklin County, Washington (Parcel #115392068).
General Location: Generally located east of Road 92, approximately 505 feet north of the
Road 92/Sandifur Parkway intersection in Pasco, WA.
Property Size: 1.91 acres (83,192.04 square feet).
2. ACCESS: The parcel has access from Road 92.
3. UTILITIES: Existing water and sewer utilities in Road 92.
4. LAND USE AND ZONING: The lot is undeveloped and is zoned C‐1 (Retail Commercial).
Surrounding properties are zoned and developed as follows:
NORTH: R‐3 Lot‐line Homes
EAST: C‐1 Commercial
SOUTH: C‐1 Vacant
WEST: C‐1 Vacant; Mini‐Storage
5. Comprehensive Plan: The Comprehensive Plan has recently been updated and approved
by City Council; the lot has been designated “Mixed Residential/Commercial.” The “Mixed
Residential/Commercial” designation allows for R‐1 through R‐4, C‐1 and O, as well as
Waterfront zoning; this Land Use designation allows a combination of mixed‐use
residential and commercial in the same development, and uses may include single‐family
dwellings, patio homes, townhouses, apartments and condominiums. Residential
densities may range between 5 to 29 dwelling units per acre. Neighborhood shopping and
specialty centers, business parks, service and office uses.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project.
Based on the State Environmental Policy Act (“SEPA”) checklist, Comprehensive Plan,
applicable regulations, and other information, a threshold determination resulting in
Mitigated Determination of Non‐Significance (MDNS) was issued on June 29, 2021 for this
project under WAC 197‐11‐158.
Page 128 of 191
2
ANALYSIS
Request
Cody Fielding, in behalf of LFRE Development LLC, has submitted an application to rezone Parcel
#115392068, located east of Road 92, approximately 505 feet north of the Road 92/Sandifur
Parkway intersection in Pasco, WA, from C‐1 (Retail Business District) to R‐4 (High‐density
Residential). Applicant anticipates developing “apartments that look and feel like townhouses”
on the site.
Site
The site has frontage access on Road 92, which connects to Sandifur Parkway to the south.
The site contains approximately 1.91 acres (83,192.04 square feet).
The Comprehensive Plan designates the lot “Mixed Residential/Commercial.”
The “Mixed Residential/Commercial” designation allows for R‐4 zoning and may be developed
with townhouses and apartments.
Residential density may range from 5 to 29 dwelling units per acre in the “Mixed
Residential/Commercial” designation.
The rezone request and its intended use are consistent with both Comprehensive Plan Land Use
Map designations.
History
The site was annexed into the City in 1982 (Ordinance 2388) and assigned RT (Residential
Transition) zoning. The RT zoning functions as a “holding zone,” Pending future development and
more precise assignment. In 2007 the site was rezoned from RT to C‐1 (Retail Commercial;
Ordinance 3833).
The parcel adjacent to the east was developed in 2017 with a retail office building.
The Ferrara Terrace lot‐line homes to the north were developed around 2018‐2020.
The City has recently approved a major update to its Comprehensive Plan. The revised Land Use
Element of the approved Plan designated the site “Mixed Residential/Commercial.”
Rezone Criteria
The initial review criteria for considering a rezone application are explained in PMC 25.210.030.
The criteria are listed below as follows:
1. The date the existing zone became effective:
The site was rezoned from RT to C‐1 In 2007.
Page 129 of 191
3
2. The changed conditions, which are alleged to warrant other or additional zoning:
Development has occurred to the north and east; further development is contemplated nearby.
City Council has recently approved an update to the Comprehensive Plan; The Land Use Element
of the Plan now designates the site “Mixed Residential/Commercial.”
The “Mixed Residential/Commercial” designation allows for R‐4 zoning and may be developed
with townhouses and apartments.
Residential density may range from 5 to 29 dwelling units per acre in the “Mixed
Residential/Commercial” designation.
3. Facts to justify the change on the basis of advancing the public health, safety and general
welfare:
The rezone application and proposal are consistent with the Pasco 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 would allow for residential density between 5 to 29
dwelling units per acre in the “Mixed Residential/Commercial” designated area.
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 development of single‐family
dwellings, patio homes, townhouses, apartments, and/or condominiums, all of which are
appropriate for this area, in alignment with the Land Use Element of the Comprehensive Plan.
The rezone application is consistent with and meets the intent of the newly revised and approved
goals and policies of the Comprehensive Plan.
5. The effect on the property owner or owners if the request is not granted:
If the property remains with the current C‐1 zoning designation the site would likely continue to
remain vacant for a while, as the property does not front on an arterial street, and residential
demand is currently outpacing commercial in the area by a fair margin.
6. The Comprehensive Plan land use designation for the property
The City Council has recently approved an update to the Comprehensive Plan; The Land Use
Element of the Plan now designates the site “Mixed Residential/Commercial.”
The “Mixed Residential/Commercial” designation allows for R‐4 zoning and may be developed
with townhouses and apartments.
7. Such other information as the Hearing Examiner requires
The rezone application is consistent with and meets the intent of the Comprehensive Plan, and
City Council Goals on housing. The opportunity for additional high‐density residential uses in this
area supports the Land Use Element of the Comprehensive Plan.
Page 130 of 191
4
STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial findings drawn from
the background and analysis section of the staff report. The Hearing Examiner may add additional
findings to this listing as the result of factual testimony and evidence submitted during the open
record hearing.
1. Public notice of this hearing was sent to property owners within 300 feet of the property
and posted in the Tri‐City Herald on 25 June 2021.
2. Applicant wishes to rezone Parcel #115392068 from C‐1 to R‐4.
3. The site is located east of Road 92, approximately 505 feet north of the Road
92/Sandifur Parkway intersection.
4. Applicant anticipates developing “apartments that look and feel like townhouses” on
the site.
5. The site has frontage access on Road 92,
6. Road 92 connects to Sandifur Parkway to the south.
7. Sandifur Parkway is an arterial street.
8. The site contains approximately 1.91 acres (83,192.04 square feet).
9. The Comprehensive Plan designates the lot “Mixed Residential/Commercial.”
10. The “Mixed Residential/Commercial” designation allows for R‐4 zoning.
11. The “Mixed Residential/Commercial” designation may be developed with townhouses
and apartments.
12. Residential density may range from 5 to 29 dwelling units per acre in the “Mixed
Residential/Commercial” designation.
13. The rezone request and its intended use are consistent with both Comprehensive Plan
Land Use Map designations.
14. The site was annexed into the City and assigned RT zoning in 1982
15. The site was rezoned from RT to C‐1 in 2007.
16. The parcel adjacent to the east was developed with a retail office building in 2017.
17. The Ferrara Terrace lot‐line homes to the north were developed around 2018‐2020.
18. The City has recently approved a major update to its Comprehensive Plan.
TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of a rezone, the Hearing Examiner must develop
findings of fact from which to draw its conclusions based upon the criteria listed in PMC
25.210.060. The criteria are as follows:
1. The proposal is in accordance with the goals and policies of the Comprehensive Plan.
City Council has recently approved an update to the Comprehensive Plan; The Land Use Element
of the Plan now designates the site “Mixed Residential/Commercial.”
the “Mixed Residential/Commercial” designation allows for R‐4 zoning and may be developed
with townhouses and apartments.
Page 131 of 191
5
Residential density may range from 5 to 29 dwelling units per acre in the “Mixed
Residential/Commercial” Land Use designation.
The proposal also aligns with the following Comprehensive Plan Goals and Policies:
Land Use Policy LU‐4‐A: Encourage infill and higher density uses within proximity to major travel
corridors and public transportation service areas.
Land Use Policy LU‐4‐B: Encourage the development of walkable communities by increasing
mixed‐use (commercial/residential) developments that provide households with neighborhood
and commercial shopping opportunities.
Housing Goal H‐1: Encourage housing for all economic segments of the city’s population
consistent with the local and regional market.
Housing Policy H‐1‐A: Allow for a full range of housing including single family homes,
townhouses, condominiums, apartments, manufactured housing, accessory dwelling units, zero‐
lot‐line, planned unit developments, etc.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
The Comprehensive Plan has recently been updated for the area and the Land Use Element of
the Plan now designates the site “Mixed Residential/Commercial.”
The “Mixed Residential/Commercial” designation allows for R‐4 zoning and may be developed
with townhouses and apartments.
The application for rezone is consistent with the Comprehensive Plan Land Use Element for the
area and meets the intent of the Goals and Policies for the property. The proposal will not be
materially detrimental to the immediate vicinity.
3. There is merit and value in the proposal for the community as a whole.
The proposed rezone application is consistent with the Comprehensive Plan Land Use Map and
the Goals and Policies as adopted by the Pasco City Council (Ordinance 4537)
The Comprehensive Plan has recently been updated for the area and now designates the site
“Mixed Residential/Commercial.”
The “Mixed Residential/Commercial” designation allows for R‐4 zoning and may be developed
with townhouses and apartments.
4. Conditions should be imposed in order to mitigate any significant adverse impacts from
the proposal.
The rezone application and anticipated project are subject to the regulations and requirements
of the Pasco Municipal Code and the City of Pasco Design and Construction Standards. The Design
and Construction Standards require a Traffic Study for proposals that generate 25 or more peak
hour trips. The City (Lead Agency) issued a Mitigated Determination of Non‐Significance (MDNS)
on 29 June 2021. Upon Project Application, mitigation will likely include the following:
a) An inadvertent discovery protocol must be established for the potential discovery of
cultural or historical artifacts before or during improvements/construction.
Page 132 of 191
6
b) A traffic impact (TIA) analysis is likely considering the ITE Trip Calculation preformed. It is
the responsibility of the developer to inform the City as to whether they would like to
self‐perform the TIA or if they would like the City to do it.
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 would not be required in this circumstance.
RECOMMENDATION
Staff recommends based on the Findings of Fact and Conclusions that Lot 22, Coles Estates; in
the NW 1/4 of Section 8, Township 9 North, Range 29 East, Willamette Meridian, Pasco, Franklin
County, Washington (Parcel #115392068), located east of Road 92, approximately 505 feet north
of the Road 92/Sandifur Parkway intersection in Pasco, WA be rezoned from C‐1 (Retail Business
District) to R‐4 (High‐density Residential).
Page 133 of 191
BROADMOOR BLVDSANDIFUR PKWY
BURNS RD BURNS RD
I-182 EHARRIS
R
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I-182 W
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B
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O
A D MO OR TO I 182RAMPWBRO A DM O O R TO I 182 RAMP
E
0 570 1,100 1,700 2,300290
Feet
0 570 1,100 1,700 2,300290
Feet
Overview
Map
Item: Rezone - Road 92 - C-1 to R-4
Applicant: LFRE Development LLC - Cody Fielding
File #: Z 2021-008
Page 134 of 191
SANDIFUR PKWY
MIDLAND LNOUTLET DRROAD 90VINCENZO DR WILSHIRE DR
MAJESTIA LN
WESTMINSTERLNKENT LNCOTSWOLD LNSOPHIE RAE CT
RUVEN ST
ROAD 92MIDLAND LN0 210 420 630 840110
Feet
0 210 420 630 840110
Feet
Vicinity
Map
Item: Rezone - Road 92 - C-1 to R-4
Applicant: LFRE Development LLC - Cody Fielding
File #: Z 2021-008
Page 135 of 191
SFDUs
SFDUs
SFDUs
SFDUsSFDUs
SFDUsSFDUs
SFDUsSFDUs
SFDUs
SFDUs
SFDUs
SFDUsSFDUs
SFDUs
SFDUs
SFDUs
SFDUs
SFDUs
Multiunits
Commercial
Auto
Commercial
Restaurant
Commercial
Personal
Services
Commercial
Personal
Services
Commercial
Personal
Services
Services -
Professional
Services -
Professional
Services
- Misc
Services
- Misc
Services
- Misc
Vacant
Vacant
Vacant
VacantVacantVacant
Vacant
Vacant
Vacant
Vacant
Vacant
Vacant
Vacant
SANDIFUR PKWY
MIDLAND LNOUTLET DRROAD 90VINCENZO DR WILSHIRE DR
MAJESTIA LN
WESTMINSTER LNKENT LNCOTSWOLD LNSOPHIE RAE CT
RUVEN ST
ROAD 92MIDLAND LN0 210 420 630 840110
Feet
Land Use
Map
Item: Rezone - Road 92 - C-1 to R-4
Applicant: LFRE Development LLC - Cody Fielding
File #: Z 2021-008
Page 136 of 191
C-1
C-1
CR
R-3
R-3
C-1
R-3
C-1
R-3
R-1
R-1
R-1
R-1
SANDIFUR PKWY
MIDLAND LNOUTLET DRROAD 90VINCENZO DR WILSHIRE DR
MAJESTIA LN
WESTMINSTERLNKENT LNCOTSWOLD LNSOPHIE RAE CT
RUVEN ST
ROAD 92MIDLAND LN0 210 420 630 840110
Feet
Zoning
Map
Item: Rezone - Road 92 - C-1 to R-4
Applicant: LFRE Development LLC - Cody Fielding
File #: Z 2021-008
Page 137 of 191
Medium Density
Residential
Medium Density
Residential
Mixed
Residential
Commercial
Mixed
Residential
Commercial
Low Density Residential
Commercial
Commercial
SANDIFUR PKWY
MIDLAND LNOUTLET DRROAD 90VINCENZO DR WILSHIRE DR
MAJESTIA LN
WESTMINSTERLNKENT LNCOTSWOLD LNSOPHIE RAE CT
RUVEN ST
ROAD 92MIDLAND LN0 210 420 630 840110
Feet
Comp Plan
Map
Item: Rezone - Road 92 - C-1 to R-4
Applicant: LFRE Development LLC - Cody Fielding
File #: Z 2021-008
Page 138 of 191
SANDIFUR PKWY
MIDLAND LNOUTLET DRROAD 90VINCENZO DR WILSHIRE DR
MAJESTIA LN
WESTMINSTERLNKENT LNCOTSWOLD LNSOPHIE RAE CT
RUVEN ST
ROAD 92MIDLAND LN0 210 420 630 840110
Feet
"Exhibit A"
Item: Rezone - Road 92 - C-1 to R-4
Applicant: LFRE Development LLC - Cody Fielding
File #: Z 2021-008
Page 139 of 191
Looking North
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Looking Northeast
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Looking East
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Looking Southeast
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Looking South
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Looking Southwest
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Looking West
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Looking Northwest
Page 147 of 191
Community & Economic Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
CITY OF PASCO
PETITION FOR ZONE CHANGE
Fee:$825
Master File # 2 :lo�/ -OD0 Date Submitted: '7/i3/Y?-t
Applicant Info Owner Info
(if different than applicant)
Name: Name:
LFRE Development LLC-Cody Fielding, Principal LFRE Development LLC-Cody Fielding, Principal
Address: Address:
61 19 Burden Blvd, Suite C, Pasco, WA 99301 6119 Burden Blvd, Suite C, Pasco, WA 99301
Phone: Phone:
509.492.8611 509.492.8611
Email: Email:
cody@lfre.com cody@lfre.com
Project Address: Unaddressed -east side of Road 92
Project Parcel Number: _1_1 _5_39_2_0_6_8 ______________________ _
Current Zoning: C-1 Retail Business
Requested Zoning: R-4 High Density Residential
Describe the nature and effect of the proposed change: Rezoning the site to the R-4 zone will
provide consistency with the City's recent comprehensive plan change that reclassified the site as
Mixed Residential/Commercial. Development will be apartments that look and feel like townhouses.
Many are unable to afford a house, so this product is a suitable alternative while working towards
home ownership. Rental rates will be affordable in that they will not be at a luxury price point.
Estimated time frame of development: Development construction plans will begin to be prepared
after the rezone request is approved, with full build-out within 2 years.
Updated July 2019
Page 148 of 191
What conditions warrant the proposed rezone? The city's changing of the land use classification
necessitates the rezone so that there is consistency between the future land use and the zone. The
city's 2018 land capacity analysis identifies the need for accommodation of an additional 17,866
residents and further notes that 1,965 acres of residential land is needed for the additional people.
How will the proposed rezone advance the health, safety, and general welfare of the community?
This rezone will help to meet the Comprehensive Plan's goals of providing the opportunity for
additional housing development to take place in accordance with the city's goals, standards, and
rules. Development will include installation of/improvements to public infrastructure, utilities, streets.
What effect will the proposed change have on the value and character of adjacent property?
There will be minimal to no adverse impact since adjacent sites have the same future land use as
the site, which will result in similar uses on the undeveloped adjacent property. Developed sites are
residential and neighborhood commercial uses, consistent with the proposed project's use.
How does the proposed rezone relate to the City's Comprehensive Plan? It is in keeping with the
following 2027 Comprehensive Plan goals -Land Use Goals 1, 2, and 3; Housing Goals 1, 2, and 4
Capital Facilities Goal 2; Utilities Goals 2 and 3; and Transportation Goal 1. Brings into compliance
with future land use classification, avoids urban sprawl, and meets future housing needs.
What effect will be realized by the owner(s) if the proposed rezone is not granted? The undeveloped
site has been for sale for several years with its C-1 zone, with no buyers. Multi-f amity land is in very
short supply and would allow the owner to build and provide much-needed housing for the city, thus
making the land more valuable to the owner since esidential is the highest and best use of the site.
NOTE: Provide a variance report giving a list and mailing address of owners of all property within 300
feet of the applicant's property, as shown by a local title company OR payment of $50.00 which shall
be utilized by the City to obtain a current list of property owners of all properties within 300 feet of
the applicant's property.
Page 149 of 191
I I c· >Iiii ii 'J""I ity o Community & Economic Development Department
• 11 I .... �asco PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
�
P: 509.545.3441 / F: 509.545.3499
Fee for Rezone
Environmental Checklist
Radius Notification
$700.00
$ 75.00
$ 50.00
$825.00
If SEPA Checklist C Site map 'l3Fee of$825
State of Washington
County of Franklin )
4'c
yOwner
ss.
Fee:$825
On this ':)(J) day of Yl.J<..�t:'.:¥ , �I before me the undersigned, a Notary Public in and
for the State of Washington, duly commissioned an sworn, personally appeared Ood
;F
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and reathe foregoing statements and has acknowledged to me that the recitations contained
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purposes therein mentioned.
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Page 150 of 191
,I ii Cityef II' Pasco Community Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
MITIGATED DETERMINATION OF NON-SIGNIFICANCE
(Optional DNS Process)
Issuance Date: June 29, 2021
Project Name: LFRE Development LLC Site Development Rezone
Project Number: SEPA 2021-040 and SEPA 2021-041 / Z 2021-007 and Z 2021-008
Proponent:
Applicant:
Cody Fielding, c/o LFRE Development LLC
6119 Burden Blvd, Suite C
Pasco, WA 99301
Cody Fielding, c/o LFRE Development LLC
6119 Burden Blvd, Suite C
Pasco, WA 99301
Description of Proposal: Approval of two rezone applications (MF# Z 2021-007 and Z
2021-008) from C-1 to R-4 f9r Franklin County, Washington Parcels #115430172,
115430173, 115430174, and 115392068.
Location of Proposal:
Site #1: Lots 12, 13, and 14 of Binding Site Plan 2002-005; Generally located east of
Midland Lane, approximately 710 feet north of the Midland Ln/Sandifur Pkwy intersection
(Parcels #115430172, 115430173, and 115430174), in the NW 1/4 of Section 8, Township
9 North, Range 29 East, Willamette Meridian, Pasco, Franklin County, Washington.
Site #2: Lot 22, Coles Estates; generally located east of Road 92, approximately 505 feet
north of the Road 92/Sandifur Parkway intersection (Parcel #115392068), in the NW 1/4
of Section 8, Township 9 North, Range 29 East, Willamette Meridian, Pasco, Franklin
County, Washington.
Likely Mitigation Upon Project Application:
1.An inadvertent discovery protocol must be established for the potential discovery
of cultural or historical artifacts before or during improvements/construction.
2.A traffic impact (TIA) analysis is likely considering the ITE Trip Calculation
preformed. It is the responsibility of the developer to inform the City as to whether
they would like to self-perform the TIA or if they would like the City to do it.
Page 151 of 191
Lead Agency: City of Pasco
The City of Pasco, acting as lead agency for this proposal, has determined that it does not
have a probable significant adverse impact on the environment. An environmental impact
statement (EIS} is not required under RCW 43.21C.030{2)(c). This decision was made after
review of a completed environmental checklist and other information on file with the lead
agency. This information is available to the public on request. This MDNS is issued after
using the optional DNS process in WAC 197-11-355. There is no further comment period
on the MDNS. Appeals must be fi/ed within 10 days of this determination.
Responsible Official:� �t
Rick White, Community & Economic Development Director
Address: PO Box 293, Pasco, WA 99301-0293
Phone: (509) 545-3441
Appeals: You may appeal this determination of non-significance by submitting an appeal
to the address below no later than 10 days from issuance. The appeal must be in written
form, contain a concise statement of the matter being appealed and the basic rationale
for the appeal. A fee is required per the City's Fee Resolution. Please note that failure to
file a timely and complete appeal shall constitute a waiver of all rights to an administrative
appeal under City code. All comments or appeals are to be directed to the City of Pasco
Planning Department, PO Box 293, Pasco, WA, 99301, Attn: Rick White.
Page 152 of 191
City of Pasco Hearing Examiner Page 1 of 3
Recommendation, Rezone, Z 2021-008
CITY OF PASCO HEARING EXAMINER
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDATION
Cody Fielding/LFRE Development, LLC, Z 2021-008
August 2, 2021
_______________________________________________
1. FINDINGS OF FACT
1.1 Proposal. Rezone a vacant 1.91 acre parcel from C-1 (Retail Business) to R-4
(High Density Residential). The Applicant anticipates developing apartments with a townhouse
“look and feel.”
Location. East of Road 92, about 505 feet north of Road 92/Sandifur Parkway
intersection. Parcel No. 115 392 068.
Applicant. Cody Fielding/LFRE Development LLC, 6119 Burden Boulevard, Ste C,
Pasco, WA 99301.
1.2 Land Use Designations and Rezone Request. The Comprehensive Plan
designates the site Mixed Residential/Commercial which allows for R-4 zoning and is intended
for a combination of mixed-use residential and commercial uses, including single-family and
multi-family housing at a density of 5-29 dwelling units per acre. Surrounding properties are
zoned and developed as follows:
North: R-3, lot-line homes
East: C-1, commercial
South: C-1, vacant
West: C-1, vacant/mini-storage
With the current C-1 zoning, multi-family housing is not allowed. The Applicant is
seeking a rezone to R-4, which permits the creation of lots at a minimum 1,500 square feet and
would allow for multi-family housing construction. The rezone request and its intended use are
consistent with the Comprehensive Plan.
1.3 Hearing. An open record public hearing was held on July 14, 2021. The hearing
was conducted remotely, but with in-person attendance allowed. Access information was
available to the public to allow citizens to join via either a video link or telephone call-in, if they
elected to not attend in person. Due to video feed connectivity disruption, there were modest
delays in hearing progression. To ensure any citizens who wished to comment had the
opportunity to provide input, the record was kept open for a week, through July 21 . The
Examiner stated that if there were any concerns on comment, or a need to re-open the hearing,
comments on same should be submitted during this period. No additional written comments from
the public were received. At the hearing, the Department, through Mr. Adams, summarized the
proposal. The Applicant, through Mr. Fielding, spoke on the housing shortage and the
opportunities the site provides to help address this issue. No one from the public indicated a wish
to testify.
Page 153 of 191
City of Pasco Hearing Examiner Page 2 of 3
Recommendation, Rezone, Z 2021-008
1.4 Notice. Public notice was mailed to property owners within 300 feet and
published in the Tri-City Herald on June 25, 2021. No concerns on notice were received and
there were no requests to re-open the hearing. City notice requirements were met.1
1.5 SEPA. The Community and Economic Development Department (“Department”)
issued an unappealed Mitigated Determination of Non-Significance,2 identifying likely
mitigation on project application:
An inadvertent discovery protocol must be established for the potential
discovery of cultural or historical artifacts before or during
improvements/construction.
A traffic impact (TIA) analysis is likely considering the ITE Trip Calculation
performed. It is the responsibility of the developer to inform the City as to
whether they would like to self-perform the TIA or if they would like the City
to do it.
1.6 Evidence Reviewed. The Examiner admitted the Department’s Staff Report,
which attached maps (overview, vicinity, use, zoning, and comprehensive plan), photographs of
the surrounding area, and the DNS. Except as revised, the Staff Report is incorporated into these
findings.
1.7 Public Comment. Two written comments opposing the rezone were submitted.
The comments objected based on the density increase, including apartment or affordable housing
construction, and traffic impacts.
1.7 Utilities. Road 92 has existing municipal water and sewer utilities.
1.8 Access. Road 92.
1.9 Rezone Considerations. A rezone to R-4 implements the Comprehensive Plan,
and is in accord with its goals and policies, which encourage development of lands designated
for high-density residential uses when or where utilities are available, the location is suitable for
multi-family residences, and there is market demand. The rezone allows for multi-family
housing, which is needed in Pasco. Traffic impacts which will be evaluated on a project specific
basis, as the MDNS outlines. Also, with greater densities, economic opportunities arise from use
co-location, which can improve walkability and reduce vehicle trips. The rezone will improve
affordable housing opportunities proximate to public facilities (parks, schools, transportation)
and commercial centers.
2. CONCLUSIONS
The Examiner issues a rezone recommendation based on whether:
(a) The proposal is in accord with the goals and policies of the Comprehensive
Plan;
1 PMC 25.210.040; Staff Report, p. 4.
2 Staff Report, p. 1; MDNS (June 29, 2021).
Page 154 of 191
City of Pasco Hearing Examiner Page 3 of 3
Recommendation, Rezone, Z 2021-008
(b) The effect of the proposal on the immediate vicinity will be materially
detrimental;
(c) There is merit and value in the proposal for the community as a whole;
(d) Conditions should be imposed in order to mitigate any significant adverse
impacts from the proposal;
(e) A concomitant agreement should be entered into between the City and the
petitioner, and, if so, the terms and conditions of such an agreement.3
As the Findings detail, the rezone follows these criteria. The proposed zoning is
consistent with the Comprehensive Plan Land Use Map. Surrounding uses include residential,
commercial, and vacant commercially zoned land. The rezone allows residential densities in
keeping with Plan objectives to accommodate planned growth within the City. There is no
material detriment to the area. Due to the City's existing regulatory structure and future project-
level review, a concomitant agreement is not needed. The requested rezone meets the City’s
rezone criteria.
RECOMMENDATION
The Hearing Examiner recommends approval of the rezone from C-1 to R-4.
RECOMMENDATION entered August 2, 2021.
_____________________________
City of Pasco Hearing Examiner
Susan Elizabeth Drummond
3 PMC 25.210.060; PMC 2.50.080.
Page 155 of 191
AGENDA REPORT
FOR: City Council August 11, 2021
TO: Dave Zabell, City Manager City Council Regular
Meeting: 8/16/21
FROM: Rick White, Director
Community & Economic Development
SUBJECT: Danilyuk Short Plat Sewer Service Requirement Appeal (APPL 2021-001)
Continued from July 19, 2021 Council Meeting
I. REFERENCE(S):
Vicinity Map
Exhibit A: Short Plat Application (SPLAT 2021-001)
Exhibit B: Proposed Short Plat
Exhibit C: Staff Memo
Exhibit D: Appeal (APPL 2021-001)
Exhibit E: Utility Service Waiver (USW 2021-002)
Exhibit F: USW Denial Letter
Exhibit G: Gerth Memo Road 96 Plat SEPA
Exhibit H: Memo Danilyuk 2021-05-27
Exhibit I: Land Capacity Analysis - Danilyuk
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
CONTINUE THE APPEAL HEARING
MOTION: I move to deny the the sewer waiver appeal based on the applicant's
failure to meet the standard requirements found in the Pasco Municipal Code
Chapter 16.15.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
Council considered the Appeal at the June 22, July 19 and August 2, 2021
Council Meetings. The Hearing was continued to this date by Council Motion.
Page 156 of 191
Since the July 19 Council Meeting, staff has explored providing sewer service
from the west (Road 100; Chelan Ct. or Merlot Dr.) versus from the north or south
in Road 96.
V. DISCUSSION:
Sewer service from Road 100 could possibly be located in the City's property
reserved for Fire Station No. 85 to the west of the subject parcel. Sewer service
from Chelan Ct. or Merlot Dr. would be through private properties.
Extension of sewer through the City property will likely be the most probable
alignment to provide service east of Road 100 to the subject property.
In the possibilities outlined above - extension of sewer would depend on the
ability of the appellant to obtain easements from property owners (including the
City) to the east of Road 100.
Although the fire station project is planned to occur within the next few years, it
currently not budgeted, nor is the staff that will operate out of the station. Staff
continues to recommend denial of the sewer waiver appeal for the following
reasons:
• The existing parcel may be developed now with a single family home and
the provision for an on-site septic system preventing an "overreach" of
exactions that may result in a successful "takings claim" by the applicants;
and
• A future subdivision of the existing parcel can be accomplished with a
short plat application timed to occur with the development of the City -
owned parcel to the west with Fire Station 85; and
• If sewer extension through those properties is successful - sewer could
be more accessible for other properties in this vicinity.
Staff will soon be bringing to Council a series of code amendments related to
housing alternatives - including amendments to the provisions for Accessory
Dwelling Units that are likely to provide opportunities to better match unique
circumstances related to housing - including those stated by the appellants.
Page 157 of 191
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#85 Plat
Vicinity
Map
Item: Appeal - Sewer Waiver Denial
Applicant: Tony Danilyuk
File #: APPL 2021-001
0 280 560 840 1,100140
Feet Page 158 of 191
Community & Economic Development Department
PO Box 293, 525 N 3'd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
CITY OF PASCO
SHORT PLAT APPLICATION
Fee:$825
Master File# _____ _ Date Submitted: ot f 01 /2-oJ.J I I Complete Application: _____ _
Applicant Info Owner Info (if different than applicant) Name: Name: TON'r DAJJJt.YtJ/(fl.Nf\.iOL�'I l>�J\\i'-'I k..K Address:
Phone:
Email:
n2.1 Id RoAO 3,-Z: ISl"I �-{�..,�tJS b�
� C9 7 'iJ)� � 8ef R,,t-\LltN�1 \JA 't'l�S'f
(sov 53/-73/,'f
ro�� DAIJ20@ YAJ;ib:,. CDM.
Address:
Phone:
Email:
Project address: __ U_'N_lt�!6=J�t:-�..u.-t£D ___ �R�o=A�D-_'1�'�-----
Project parcel number: _ _.:l_,_/..,..8_-_J_o"""'/_-_o--=5_.7 ________ _
Current zoning:f<.5 -2 0
Number of lots proposed: -----=3 ___________ _
Source of domestic water: __ C_I 71:___._ __________ _
Method of sewage disposa I: ---'--SE,-=-p'-'r,'-'/..,.(._ _________ _
Fee for Short Plat Environmental Checklist Radius Notification
□Short Plat(Electronic copyand .dwg)
Updated September 2020
□Title Report
$700.00 $ 75.00 $ 50.00
$825.00
□Fee of $825
-
□SEPA Checklist
Page 159 of 191
NOTE: Provide a variance report giving a list and mailing address of owners of all property within 300 feet of the applicant's property, as shown by a local title company OR payment of $50.00 which shall be utilized by the City to obtain a current list of property owners of all properties within 300 feet of the applicant's property.
Da, I
Date
Updated September 2020 Page 160 of 191
Community & Economic Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
CITY OF PASCO
_ .SHORT PLAT APPLICATION
Fee:$825
PURPOSE: The purpose of a short plat is to provide an administrative method of land subdivision allowing the creation
of nine (9) or fewer lots meeting the zoning and subdivision requirements established in Titles 25 and 26. The intent of
the short plat process is to promote orderly and efficient community growth within the requirements of RCW 58.17.035.
REQUIREMENTS:
1.Title report current within thirty (30) days
2.Application fee of $825 ($700 application fee+ $75 SEPA fee+ $50 radius notification fee)
3.A completed Environmental Che.cklist (SEPA) form
4.Electronic or paper Short Plat map showing the entire contiguous tract owned by the applicant subdivider
(18 x 24 inches) which shows:
a.Names of any adjacent subdivision;
b.A vicinity map;
c.Lines marking the boundaries of proposed lots, square footages of the proposed lots and number of
each lot;
d.Approximate locations of existing roads, cul-de-sacs, alleys and ways or easements for such roads,
and rights-of-way within and adjacent to the tract;
e.Location, dimensions and usage designations for all proposed and existing easements of record;
f.Proposed source of water supply and method of sewage disposal for each lot;
g.The legal description and parcel number of the said tract;
h.The name and address of the owner or owners of the said tract;
i.Land Surveyor Certificate;
j.Signatures of all recorded property owners agreeing to the division of property;
k.A utility easement and improvement statement on the face of the short plat in a manner prescribed
by the appropriate utility provider;
I.A signature block including the following:
i.City Engineer
ii.Community and Economic Development Director
iii.County Auditor
iv. Franklin County Public Utility District or other utility district
v.Irrigation District (when applicable)
m.Horizontal datum information:
i.The horizontal datum used will be the North American Datum 1983/ HARN, Washington
State Plane Coordinate System, South Zone and will be expressed in U.S. Survey Feet.
5.Digital copy of plat (.dwg file) either by disk or emailed to the Planning Department.
PROCESS: An application for short plat approval shall be approved, approved with conditions, returned to the applicant
for modifications or denied within thirty (30) days of its receipt by the Community and Economic Development Director
or designee unless the applicant agrees, in writing, to an extension of this period. The Community and Economic
Development Director or designee shall not be considered to be in receipt of an application for short plat approval
unless and until such time as the application meets the requirements of PMC 21.40.030 through 21.40.60 as determined
by the Community and Economic Development Director or designee.
Updated September 2020
Page 161 of 191
Upon receiving a complete application for short plat approval, the Community and Economic Development Director or
designee shall transmit a copy of the short plat, together with copies of any accompanying documents as the
Community and Economic Development Director or designee deems appropriate, to the following:
a_} City Engineer, who shall review the proposed short plat with regard to its conformance to the general purposes
of adopted traffic and utility plans, adequate provisions for storm drainage, streets, alleys, other public ways,
parks and playgrounds, schools and school grounds, sidewalks and other planning features that assure safe
walking conditions for students, water and sanitary sewer, and conformance to any applicable improvement
standards and specifications;
b)Fire Chief, who shall review the proposed short plat with regard to adequate provisions for emergency access;
c)All property owners within 300 feet of the proposed short plat;
d)Any other City department, utility provider, school district or other public or private entity as the Community
and Economic Development Director or designee deems appropriate.
In transmitting the proposed short plat to the parties referenced above, the Community and Economic Development
Director or designee shall solicit their comments and recommendations. Any comments received within the 10 day
notice period shall be incorporated into the formal findings which will form the basis of the Community and Economic
Development Director or designee's decision on the short plat.
ADMINISTRATIVE DETERMINATIONS: The Community and Economic Development Director or designee shall, after
conferring with appropriate officials, determine whether:
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 and other planning features that assure safe walking conditions for
students;
2.The proposed short plat contributes to the orderly development and land use patterns in the area;
3.The proposed short plat conforms to the policies, maps and narrative text of the Comprehensive Plan;
4.The proposed short plat conforms to the general purposes of applicable policies or regulations adopted by the
City Council;
5.The proposed short plat conforms to the general purposes of Title 21;
6.The public use and interest will be served by permitting the proposed division of the land.
If the Community and Economic Development Director or designee determines that the foregoing requirements are
met, he/she shall approve the short plat, and shall transmit the approved drawing to the applicant. Once approved the
short plat will be returned to the applicant for recording with the County Auditor.
RESUBDIVISION PROCEDURE: Land divided through the short plat process into four or more lots may not be re-short
platted for a period of five years. Any further land division must occur through the preliminary and final platting process.
Lands which have been subdivided under the preliminary and final plat process may be further subdivided using the
short plat or binding site plan process.
WATER RIGHTS: (Residential only) Per PMC 26.04.115, 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 (see below):
Calculation of Water Rights
Base water rights $517.50 per lot
Irrigation ·water rights (City 0.5 x area (acres) x 3.5 x $1,725 irrigation or no irrigation provider)
Updated September 2020
Page 162 of 191
LOCAL IMPROVEMENT DISTRICTS: As a condition of approval of a short plat, the owner has waived the right to protest
the formation of a Local Improvement Districtfor sewer/water/road/sidewalk improvements to the full extent as
permitted by RCW 35.43.182.
ZONING INFO: Short Plat restrictions based on zoning districts:
Zone Minimum lot size
(sq. ft.)
RS-20 20,000
RS-12 12,000
RS-1 10,000
R-1 7,200
R-2 5,000
R-3 4,500
R-4 4,000
Minimum street frontage
(ft.)
90
90
90
-60*
SO*
SO*
SO*
*If lot size is 10,000 square feet or mor e,
a minimum frontage of 90 feet is
required.
CONSTRUCTION OF IMPROVEMENTS REQUIRED: The City Engineer shall determine whether:
1.Public rights-of-way must be improved and utilities installed to the minimum requirements of this code and
City Standards;
2.Required infrastructure improvements must be substantially completed as approved by the City Engineer.
Minor improvements consisting only of sidewalks and landscaping where applicable, or similar
improvements, may be secured by a plat bond;
3.In lieu of completion of these minor improvements, prior to recording of the short plat, a plat bond issued
by a licensed corporate surety or two individual sureties or other approved surety must be provided, to the
full amount of the cost of such work, as estimated by the City Engineer, including construction inspection
costs, but in no case less than $2,000.00;
4.All or a portion of security will be released upon acceptance of the improvements by the City Engineer, or
upon substitution of another guarantee or approved bond or security;
5.If, after two years, all improvements are not so improved, the City will cause the improvements to be
provided in accord with the approved plans, and the costs thereof must be paid by the bonding company, or
out of the savings account assignment or other security;
6.In lieu of the plat bond, a cash bond, a certified check, an irrevocable letter of credit, or other surety
approved by the City Attorney, equal to the cost of improvement multiplied by 125 percent may be posted.
In addition, the City may require security up to two years against any defect in workmanship or materials in
the installation of the improvements.
Adequate and proper right-of-way improvements shall include curb, gutter, sidewalk, illumination, traffic control
devices, drainage control, engineered road bases, asphalt driving and parking lanes, and monumentation.
APPEALS: Appeals of an administrative decision relating to a short plat may be made to a Hearing Examiner pursuant to
Chapter 25.195 PMC. Such an appeal must be made in writing and filed together with the appeal fees listed in
PMC 3.35.110 with the Community and Economic Development Director or designee within 10 working days from the
date on which the decision was rendered; if not, the decision of the Community and Economic Development Director or
designee is final and no further appeal may be made. The written appeal shall include a detailed explanation stating the
reason for the appeal. The decision of the Hearing Examiner shall be the final action.
Updated September 2020
Page 163 of 191
Page 164 of 191
Community Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
M E M O R A N D U M
DATE: February 2, 2021
TO: Anatoliy Danilyuk
FROM: Andrew Hattori, Temporary Planner I
SUBJECT: Danilyuk Road 96 Plat
The following notes/requirements have been submitted by City staff regarding this project. Findings of
Fact are forthcoming.
Engineering Division – Tyler Johnson:
1) All improvements shall be in accordance to the Pasco Municipal Code. The Pasco Municipal Code
adopts the most recent versions of the City of Pasco Standard Specifications, the Washington State
Department of Transportation Standard Specifications for Road, Bridges, and Municipal Construction,
the International Building Code, and the International Fire Code. If there are any conflicting regulations
in any of these documents, the more stringent regulation shall apply.
2) The face of the plat shall include this statement: AS A CONDITION OF APPROVAL OF THIS SHORT PLAT
THE OWNER WAIVES 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.
3) Only City maintained utilities are allowed in the public right-of-way. Any existing non-City owned
utilities located in the right-of-way must be relocated to a utility easement outside of the right-of-way
at the developer’s expense. Overhead utilities shall be placed underground.
4) It shall be the responsibility of the property owner/developer to contact all utility owners to determine
their system improvement requirements. Prior to subdivision construction plan submittal and/or
review the property owner/developer shall provide to the City of Pasco a written letter of
support/approval of the proposed development from all outside utilities, public and private.
5) 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. A water
rights estimate will be provided after the revised plat is submitted.
6) Frontage improvements and any necessary utility extensions are required prior the City Engineer
signing the plat per PMC 21.40.085. Minor improvements not completed must be secured with a bond
prior to recording the plat.
7) Sewer will be required to be extended to serve this flag lot.
8) All City utilities that are required to serve the lots must front each property being served.
Page 165 of 191
Community Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
Planning Division – Andrew Hattori & Jacob Gonzalez
1) Addresses will be assigned after revised plat is submitted.
2) Per PMC 21.20.060:
- Applicant must demonstrate that construction of public street prevents minimum density of
underlying zone or where geometric, topographic or physical features would make it impractical to
extend or build a publically dedicated street (PMC 21.20.060(2)(a)(b)
- (e) Emergency Access. When the furthest point of a proposed structure is greater than 150 feet in
distance from the public right-of-way, as measured along an accessible route, an approved fire vehicle
turnaround is required as defined by the International Fire Code;
- All other provisions of PMC 21.20.060 must be met.
Fire Division
1) A Fire Apparatus access road or turnaround is required meeting IFC and PMC requirements. A
hammerhead is not allowed. Access roads in excess of one hundred fifty feet (150') require a Fire
Apparatus turnaround.
Franklin County Irrigation District – John Burns
1) This parcel is currently with Franklin County Irrigation Districts service area , currently served and
assessed by FCID. The owner/developer shall cause to be installed piping and service access points to
each of the new lots formed by the proposed plat. The closest FCID mainline is along the west side of
Rd 96, this will be the tie-in point for the delivery system. Prior to installation the
owner/developer shall provide an engineering drawing showing the proposed location of the supply
line from Rd 96 along with a proposed size to meet the total irrigation water allotment of 8
GPM/year/acre or appropriate proportion thereof to FCID for review and approval. The service
connection point shall be one-inch in size for each of the new lots Prior to any construction of said
facilities. The installation of said lines and services shall conform with the most recent FCID
Standards and Specifications. Any question regarding FCID comments shall be directed to the FCID
Office (509) 547-3831. Covid-19 requirements are being enforced at the FCID office. An
appointment is required prior to any in person contact with FCID staff. Inspections and plan review
fees may be incurred.
Page 166 of 191
Community & Economic Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
CITY OF PASCO
UTILITY SERVICE WAIVER
FINDINGS OF FACT
May 20, 2021
MASTER FILE #: USW 2021-002
APPLICANT: Tony Danilyuk
1324 Stevens Dr
Richland, WA 99352
PROPOSAL: Utility Service Waiver: Danilyuk Road 96 Short Plat
BACKGROUND
1. PROPERTY DESCRIPTION:
Legal: SHORT PLAT 2017-17 LOT 2
General Location: Parcel #118-101-057
Property Size: 2.13 acres
2. ACCESS: The property has access from Road 96.
3. UTILITIES: Municipal water is available in Road 96 and sewer is available at the intersection of Road 96 and
Balflour Drive.
4. LAND USE AND ZONING: The property is undeveloped and currently vacant. The property is zoned R-S-20
(Suburban)
STAFF FINDINGS OF FACT
Pasco Municipal Code require staff to develop Findings of Fact as to how this proposed utility service waiver will protect
and enhance the health, safety, and general welfare of the community. The following is a listing of "Findings of Fact”:
Parks/Open Space/Schools: Liberty Park is approximately 1,700 ft. from the subject property which offers space for
recreational activities. Park impact fees will be collected at the time of permitting of each single-family dwelling to be used
for park development. Chiawana High School is approximately 4,200 ft. from the subject property.
Safe Travel & Walking Conditions: Pavement sections for improvements of said private street are subject to approval by
the City of Pasco Public Works and Fire Departments. Other right-of-way improvements, where and when properly
required by the City, will be installed and constructed to current City standards and to the standards of the American’s
with Disabilities Act (ADA).
Proper Access & Travel: The associated plat will be developed to City standards to assure proper access is maintained to
each lot. Connections to the community will be provided by the existing Road 96. The associated short plat site will not be
immediately served by Ben Franklin Transit.
Page 167 of 191
Adequate Provision of Municipal Services: All lots within the associated plat will be provided with municipal water and
other services except sewer. The utility service waiver proposes to waive the requirement of sewer and instead install
septic tanks to serve the properties.
Comprehensive Plan Policies & Maps: The Comprehensive Plan indicates Goals and Policies of the Utilities Element that
cover all public water and sanitary sewer, among other utilities. Goal LU-2 encourages the maintenance of established
neighborhoods and the creation of new neighborhoods that are safe and enjoyable places to live. Goal UT-1-A encourages
that public water and sewer services are available concurrently with development in the urban growth area.
Urban Growth Area: The planned short plat is located within the Pasco Urban Growth Area and City limits.
CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before approving or denying of the utility service waiver, staff must develop Findings of Fact from which to draw its
conclusion therefrom as to whether or not:
(1) Special circumstances applicable to the property in question or to the intended use that do not generally apply to
other properties or classes of use in the same vicinity or zoning classification;
The property associated with the waiver does not have special circumstances that would differentiate it from other nearby
properties.
(2) A waiver is necessary for the preservation and enjoyment of a substantial property right or use possessed by other
property in the same vicinity and zoning classification, which because of special circumstances is denied to the
property in question;
Nearby properties that currently do not use municipal sewer were developed generally between the years of 1960 and
2000 and, at the time of development, were not located within City limits. A waiver to not align with the goals and policies
of the Comprehensive Plan and the City of Pasco Development Standards as it relates to the Urban Growth Area is not
necessary for the subject property.
(3) The granting of the waiver will not be detrimental to the public welfare or injurious to any person, property or
improvements thereon in such vicinity and zoning classification in which the subject property is located;
While not immediately detrimental to the properties within the vicinity, allowing a waiver for a service that is indicated as
a policy for concurrent development within the Urban Growth Area would be of detriment in the future.
(4) The granting of a waiver will not conflict with the general intent of Chapter 16.15 in the Pasco Municipal Code;
The intent of Chapter 16.15 is to provide a means for a property to be reviewed for a possible waiver for utility connection
based on special circumstances applicable to the property. To qualify for administrative review the property must be of
adequate size, soil type, slope, and other conditions to meet the Benton-Franklin Health District requirements for on-site
septic systems and replacement drain fields and must receive final approval from the District for the on-site system. It
must also be greater than 200 feet from an existing municipal sewer service line or must be dependent on the provision
of future sewer infrastructure to receive sewer service.
The subject property meets the requirements for the administrative review but does not meet the intent for applicable
special circumstances.
CONCLUSIONS BASED ON STAFF FINDINGS OF FACT
The granting of the utility service waiver does not promote the intentions and goals of the Comprehensive Plan. The
proposal does not comply with the standards and requirements of development within the City of Pasco. The subject
property does not have the necessary special circumstances to justify waiving the requirements for the utility
connection. The utility service waiver has therefore been denied.
Page 168 of 191
I '
Community & Economic Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
CITY OF PASCO
HEARING EXAMINER REVIEW APPLICATION
Fee:$750
Master File# ------Date Submitted: _____ _
The undersigned hereby applies for review by the Hearing Examiner.
Applicant Info Owner Info
(i f different than applicant)
Name: 101.l"(' DA/JI L Yul( Name: T�Y DAAJIL rvx: le wrAl.'\'" .SY�YUJc'.
Address: 132.i, SrEIIEJ.JS OR
R1a1LA1JO, �A qc,35'{
Phone: (soq) 531-73'lf
Email: TO�'rDAIJ2o e YAHOo-Cc.M
Project address: 0/Jt>EVEL9?ED Ro.AD 96
Project parcel number: 118 .... Jo/ -057
Current zoning: 12.S .;,zo StJ/sbl�BAJJ
Present land use: Cf/• -V>J0cvE?PP£D l&ob
Address:
Phone:
Email:
Give a detailed description ofthe proposed use that requires a variance: P2ofo5,ED vsr � O,.o. 91'-t
s£PJ7C JS J<£Qo..CS/Zt) (Alo� WJ7/I SCJRPl.£/tll.£t»?{L t/r1t.ITr SE//YK£ wAll/£..e) UJ
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1,.1£u o,c {,)AJJU!ts�B/.L SrAa-o �1;2; FRoM. R1c1< wJ.J,rE 1,-; MDNs f-'Dft.
SEPA2oz1-001 DAmo EEB, 2, 2oz,
Special circumstances applicable to the property: NO NEJ(.,}181J/l./,Jc,-P!<o/?EIZl?: AL�t.r l?tJJD 96
1$ CoR.Rp.Jn.y CCHJlfOZD ro cirt SCN.d!., TIIIS P£tJFEO?-Slkwt.D ivor Bl;
R£qu,R£o ro Bv1J..D 1100 0-r£Fr oc P(IFt..1� S£1tv�P. Pr-fl...
Updated May 2020
Page 169 of 191
•
How does the strict interpretation of the zoning ordinance deprive the applicant of rights and privileges
enjoyed by other properties in the vicinity under an identical zoning classification? _________ _
/IIE $TR/er IPTE/?PIUr/1-Tl&J D£Pgrv&!. APPl.!CA/JT Or Rlr,,t/r Tf) S€P}?� Sb;�
£N.Joy£1) Bt All. iJ£l/rl/8D/l/� f'RoW1ln.£S ();J RoAD 9, AND FtJf.CES HUM
2 \\ Staff decision which is being appealed: Af 11141,.nr:,� DET.CRMt�Aho;.J , Co,,.,�entuJ ro Cl)r
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F£J3. 2 < 20Z/.
NOTE: Provide a variance report giving a list and mailing address of owners of all property within 300 feet of the
applicant's property, as shown by a local title company OR payment of $50.00 which shall be utilized by the City
to obtain a current list of property owners of all properties within 300 feet of the applicant's property.
Fee for Hearing Examiner
Radius Notification
State of Washington
ss.
County of Franklin
$700.00 $ 50.00
$750.00
On this )2 a day of fEBgoAJZY , 2oZ./ , before me the undersigned, a Notary Public in and for the
State of Washington, duly commissioned an sworn, personally appeared
MArollr:: PA1J/b'tuK . . being duly sworn on his/her oath that he/she has prepared and read
the foregoing statements and has acknowledged to me that the recitations contained therein are true, and has
signed this instrument as his/her free and voluntary act and deed for the purposes therein mentioned.
�''''"'"'"'�lffll� J J_j SUBSCRIBE�'f«9N�� before me this _2_day of �F.L....ZC&.-B�•--__,
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Updated May 2020
ary Public in and for the State of Was hi
Residing at RJCf/LAND , 'tJAj
My Commission expires_�A_tJG�•....,2=---,2�, -=Z-"-o-"-z __ 3'------
Page 170 of 191
•• ..
How does the strict i�rpretation of the zoning ordinance deprive the applicant of rights and privileges
enjoyed by other properties in the vicinity under an identical zoning classification? _________ _
NOTE: Provide a variance report giving a list and mailing address of owners of all property within 300 feet of the
applicant's property, as shown by a local title company OR payment of $50.00 which shall be utilized by the City
to obtain a current list of property owners of all properties within 300 feet of the applicant's property.
Fee for Hearing Examiner
Radius Notification
State of Washington
ss.
County of Franklin
$700.00
$ 50.00
$750.00
On this /2. JI.. day of FE8. , zczt , before me the undersigned, a Notary Public in and for the
State of Washington, duly commissioned an sworn, personally appeared
V lfA Ur 5'\'"3 ruJ< being duly sworn on his/her oath that he/she has prepared and read
the foregoing statements and has acknowledged to me that the recitations contained therein are true, and has
signed this instrument as his/her free and voluntary act and deed for the purposes therein mentioned. ''''"'"'"'''1: . f! SUBSCRIBED ��io"���efore me this R_day of �F_E�B�·-----Zoz/
� !()0 •;ll,�NT �-.� � � �-�-.o."t 28 il �-· � � --i�..,. ' ���·-. �: • � olARY � • � -. �" . -= : �·.. : =
: • PUB\.\C • :: 'S •• ,.!\.: � "'-� ....� . �. ;:: ��·•. . . .. · � � �>,........ �� .,,,,;cOFw� ,,,,.., "'''''"""i"''�
Updated May 2020
otary Public in and for the State of W snington
Residing at Rrc!lt.AJJD I -...;A•
My Commission expires ).u(y. 2 'i; ZOZ.3
Page 171 of 191
,, .
I ii ... Cityi?/'II Pasco Community & Economic Development Department
PO Box 293, 525 N 3 rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
CITY OF PASCO PLJ...IJIJIN� DEPT.
Fee:$750
HEARING EXAMINER REVIEW APPLICATION ArrJJ: Ria< wHJT£.
PURPOSE: The purpose of PMC Chapter 25.195 is to establish a system of applying land use regulatory
controls which will best satisfy the following basic needs:
A.To assure procedural due process and appearance of fairness in certain land use regulatory hearings;
and
B.To provide an efficient and effective land use regulatory system, which integrates the public hearing
and decision-making process for certain land use matters by adopting a hearing examiner system as
provided by RCW 35.63.130 in accordance with Chapter 2.19 ofthe PMC.
LAND USE DECISION AUTHORITY: The hearing examiner shall receive and examine available information,
conduct public hearings, and prepare a record thereof, and enter findings of fact, conclusions and a decision as
provided for herein. The hearing examiner shall hear and decide the following land use decisions:
A.Variances. Any variance granted shall be subject to conditions that will assure that the adjustment
thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations
upon other properties in the vicinity and zoning which the subject property is situated. The following
circumstances are found to apply:
1.Because of special circumstances applicable to the subject property, including size, shape,
topography, location of surroundings, the strict application of the zoning ordinance is found to
deprive subject property of rights and privileges enjoyed by other properties in the vicinity and
under identical zone classification.
2.That the granting of the variance will-not be materially detrimental to the public welfare or
injurious to the property or improvements in the vicinity and zone in which the subject property is
situated.
3.The special circumstances applicable to the subject property were not created through the
action(s) of the applicant or any predecessor in interest.
B.Review -Administrative Action. Appeals may be heard by the examiner, where it is alleged by the
applicant that there is error in any order, requirement, permit, decision or determination made by the
City Planner in the administration or enforcement of Title 25. Where the street or lot layout actually on
the ground, or as recorded, are different from the street and lot lines as shown on the zoning map, the
examiner, after notice to the owners of the property, and after public hearings, shall interpret the map
in such a way as to carry out the intent and purposes of Title 25. In case of any questions asto the
location of any boundary line between JOning districts, a request for interpretation of the zoning map
may be made to the examiner, and a determination shall be made by the examiner.
C.Waiver of Violations. Recognizing the fact that a building may be erected in good faith with every
intent to comply with the provisions of Title 25 in respect to the location of the building upon the lot
and the size and location of required yards, and that it may later be determined that such building does
not comply in every detail with such requirements, although not violating the spirit or intent of the
zoning ordinance, the examiner may issue a waiver of violation subject to such conditions as will
safeguard the public health, safety, convenience and general welfare.
Updated May 2020
Page 172 of 191
D.Extension of Use on Border of District. The examiner may hear and approve the extension of a use or
building into a more restricted zone classification immediately adjacent thereto, but not more than
thirty (30) feet beyond the dividing line of the two (2) zone classifications, and under such conditions as
will safeguard development in the more restricted district.
E.Administrative Exceptions. An administrative exception not to exceed one (1) foot of any dimensional
standard pertinent to front yard, side yard, rear yard, flanking street, and building line may be granted
by administrative action of the examiner without public hearing and without posting or public notices.
LAND USE APPLICATION: Applicati9ns for permits or approvals within the jurisdiction of the hearing examiner
shall be presented to the City Planner. The City Planner shall accept such applications only if applicable filing
requ irements are met. The City Planner shall be responsible for assigning a date for and assuring due notice of
public hearing for each application; which date and notice shall be in accordance with the statute or ordinance
governing the application.
REPORT OF COMMUNITY DEV. DEPT. FOR LAND USE APPLICATION: For any land use issue coming before the
examiner, the Department of Community Development shall coordinate and assemble the reviews of other
City Departments, governmental agencies, and other interested parties and shall prepare a report
summarizing the factors involved and the department's finding and recommendations. At least seven (7)
calendar days prior to the scheduled hearing, the report shall be filed with the examiner and copies thereof
shall be mailed to the applicant and made available for public inspection.
Updated May 2020
Page 173 of 191
Page 174 of 191
Page 175 of 191
Page 176 of 191
Community & Economic Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / F: 509.545.3499
CITY OF PASCO
UTILITY SERVICE WAIVER
FINDINGS OF FACT
May 20, 2021
MASTER FILE #: USW 2021-002
APPLICANT: Tony Danilyuk
1324 Stevens Dr
Richland, WA 99352
PROPOSAL: Utility Service Waiver: Danilyuk Road 96 Short Plat
BACKGROUND
1. PROPERTY DESCRIPTION:
Legal: SHORT PLAT 2017-17 LOT 2
General Location: Parcel #118-101-057
Property Size: 2.13 acres
2. ACCESS: The property has access from Road 96.
3. UTILITIES: Municipal water is available in Road 96 and sewer is available at the intersection of Road 96 and
Balflour Drive.
4. LAND USE AND ZONING: The property is undeveloped and currently vacant. The property is zoned R-S-20
(Suburban)
STAFF FINDINGS OF FACT
Pasco Municipal Code require staff to develop Findings of Fact as to how this proposed utility service waiver will protect
and enhance the health, safety, and general welfare of the community. The following is a listing of "Findings of Fact”:
Parks/Open Space/Schools: Liberty Park is approximately 1,700 ft. from the subject property which offers space for
recreational activities. Park impact fees will be collected at the time of permitting of each single-family dwelling to be used
for park development. Chiawana High School is approximately 4,200 ft. from the subject property.
Safe Travel & Walking Conditions: Pavement sections for improvements of said private street are subject to approval by
the City of Pasco Public Works and Fire Departments. Other right-of-way improvements, where and when properly
required by the City, will be installed and constructed to current City standards and to the standards of the American’s
with Disabilities Act (ADA).
Proper Access & Travel: The associated plat will be developed to City standards to assure proper access is maintained to
each lot. Connections to the community will be provided by the existing Road 96. The associated short plat site will not be
immediately served by Ben Franklin Transit.
Page 177 of 191
Adequate Provision of Municipal Services: All lots within the associated plat will be provided with municipal water and
other services except sewer. The utility service waiver proposes to waive the requirement of sewer and instead install
septic tanks to serve the properties.
Comprehensive Plan Policies & Maps: The Comprehensive Plan indicates Goals and Policies of the Utilities Element that
cover all public water and sanitary sewer, among other utilities. Goal LU-2 encourages the maintenance of established
neighborhoods and the creation of new neighborhoods that are safe and enjoyable places to live. Goal UT-1-A encourages
that public water and sewer services are available concurrently with development in the urban growth area.
Urban Growth Area: The planned short plat is located within the Pasco Urban Growth Area and City limits.
CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before approving or denying of the utility service waiver, staff must develop Findings of Fact from which to draw its
conclusion therefrom as to whether or not:
(1) Special circumstances applicable to the property in question or to the intended use that do not generally apply to
other properties or classes of use in the same vicinity or zoning classification;
The property associated with the waiver does not have special circumstances that would differentiate it from other nearby
properties.
(2) A waiver is necessary for the preservation and enjoyment of a substantial property right or use possessed by other
property in the same vicinity and zoning classification, which because of special circumstances is denied to the
property in question;
Nearby properties that currently do not use municipal sewer were developed generally between the years of 1960 and
2000 and, at the time of development, were not located within City limits. A waiver to not align with the goals and policies
of the Comprehensive Plan and the City of Pasco Development Standards as it relates to the Urban Growth Area is not
necessary for the subject property.
(3) The granting of the waiver will not be detrimental to the public welfare or injurious to any person, property or
improvements thereon in such vicinity and zoning classification in which the subject property is located;
While not immediately detrimental to the properties within the vicinity, allowing a waiver for a service that is indicated as
a policy for concurrent development within the Urban Growth Area would be of detriment in the future.
(4) The granting of a waiver will not conflict with the general intent of Chapter 16.15 in the Pasco Municipal Code;
The intent of Chapter 16.15 is to provide a means for a property to be reviewed for a possible waiver for utility connection
based on special circumstances applicable to the property. To qualify for administrative review the property must be of
adequate size, soil type, slope, and other conditions to meet the Benton-Franklin Health District requirements for on-site
septic systems and replacement drain fields and must receive final approval from the District for the on-site system. It
must also be greater than 200 feet from an existing municipal sewer service line or must be dependent on the provision
of future sewer infrastructure to receive sewer service.
The subject property meets the requirements for the administrative review but does not meet the intent for applicable
special circumstances.
CONCLUSIONS BASED ON STAFF FINDINGS OF FACT
The granting of the utility service waiver does not promote the intentions and goals of the Comprehensive Plan. The
proposal does not comply with the standards and requirements of development within the City of Pasco. The subject
property does not have the necessary special circumstances to justify waiving the requirements for the utility
connection. The utility service waiver has therefore been denied.
Page 178 of 191
1
From: ***(REDACTED)***
Sent: Sunday, June 6, 2021 5:52 PM
To: Kristin Webb <webbk@pasco‐wa.gov>
Subject: 118101057 Sewer Appeal
I am writing in regard to the appeal by Tony Danilyuk for Lot 118101057. I believe the appeal should
be denied for the following reasons:
1) As the former owner of the said Lot, I had spoken to the City (Darcy, and a gentleman by the
name of Rick, I believe) on several occasions about what could/could not be done with it. During
those conversations, it was stated more than once that the parcel could not be subdivided into more
than two lots without connecting to the sewer. My realtor had also spoken with the City before
listing the parcel, and was given the same information.
2) Tony Danilyuk and Vitaliy Synyuk were made aware of the sewer requirement before
purchasing the parcel. They were also given a 10 day feasibility period with which to do
further research or make any additional inquiries. They chose to sign the papers after only
two days.
3)If the parcel was able to be subdivided into three lots without the sewer connection
requirement, it could/would have been sold for fair market value as such.
4) All of the surrounding homes that are currently on septic have been here before this
area became part of the City, some for decades.
5) In conclusion, if the City does choose to approve this appeal, it will be setting a precedent that
rules and requirements do not have to be adhered to by other landowners, contractors,
and developers going forward.
Thank you for your time and consideration in this matter,
Virginia L. Gerth
*Please confirm that you received this email before the hearing. There was no email address for the
Community Development Department so I want to be assured they will receive this as I am not able
to make the hearing. Thank you.
Page 179 of 191
May 27, 2021
Pasco City Council
RE: USW 2021-002 Utility Waiver decision Appeal
Dear Councilmembers,
RECEIVED
MAY 2 8 2021
COMMUNITY & ECONOMIC
D!:VE LOPM ENT
We are writing you to request an appeal to the denial decision for our utility waiver application made by
the Community and Economic Development Department for Master file# USW 2021-002 as we believe
that it is unconstitutional and contrary to the requirements of PMC 16.15.050.
We recently purchased a 2.13 acre undeveloped property, (Franklin County parcel no. 118-101-057) in
the hopes of subdividing it into three smaller lots through the Short Plat administrative process. The
property is located along Road 96 approximately 1100 feet south of the intersection of Road 96 and
Balflour Dr. and the nearest public sewer connection point. We applied for the utility waiver through the
administrative review as we believed we satisfied the conditions stated in PMC 16.15.050(2) to allow for
the administrative approval of said waiver.
To reiterate, PMC 16.15.050-Waiver Authorized, is as follows:
The prerequisite requirements for a development permit stated in PMC 116.15.01 g may be waived by:
(1 A roval of the Ci Council b ma ·orit vote at any regular meeting or administrative
approval as contained in subsection 2 of this section, upon such forms as they shall deem
necessary to enable them to make specific findings of fact as to why a waiver should be granted.
All such waivers must be applied for in writing on a form or forms to be supplied by the City of
Pasco and all denials of such waiver shall also be in writing and state specific findings upon
which the denial is based. The grant of a waiver may be reasonably conditioned and any such
conditions shall be in writing, signed by the owner of the land, recorded and run with the land.
Such conditions may include but shall not be limited to the following:
(a)A specific period of exception;
(b)Required participation in future public sewer and/or water service extension by L. I. D. or other
means;
(c)The signing by the owner of the property of a hold harmless and/or indemnity agreement in
favor of the City of Pasco.
(2)Administrative approval of the City Manager or designee for waiver of sewer utility
connections provided the property for which the waiver is requested meets the following
conditions:
(a)Must be of adequate size, soil type, slope and other conditions to meet the Benton-Franklin
Health District requirements for on-site septic systems and replacement drain fields and must
receive final approval from the District for the on-site system;
(b)Must be greater than 200 feet from an existing municipal sewer service line or must be
dependent on the provision of future sewer infrastructure to receive sewer service -such as
additional line or treatment facility capacity, lift stations or similar components;
(c)Subject to those conditions contained in subsections� through� of this section; and
Page 1 of 3
Page 180 of 191
May 27, 2021
(d)The decision on the granting or denying of a sewer utility connection may be appealed to City
Council within 10 calendar days from the date of the decision. The appeal must be in wn'ting.
We believed we satisfied the conditions of (2)(a) through (2)(d), as follows:
(a)A short plat application for on-site sewage system with public water system was
submitted with the Benton Franklin Health District and was approved Nov. 30, 2020 for
using onsite sewage retention in conjunction with hooking on to city water for our desired
3-lot layout.
(b)The frontage of our property is located approximately 1100 feet away from the nearest
public sewer connection.
(c)Understand conditions of subsections (1)(a) through (1)(c) and are prepared to participate
in L.I.D.s, if required, to extend public sewer for the use and enjoyment of all over
neighboring properties benefitted and enjoying the use of said sewer extension by sharing
that cost amongst all of us.
(d)What we are doing now, in writing to you to appeal the denial of our utility waiver
application.
We do not feel that it is fair for the City to force us to extend public sewer a quarter mile to serve our 3 lot
subdivision while crossing 8 other properties (and even more potential subdivisions) to serve our property
while we feel we satisfy the code to apply for a utility waiver at this time.
We understand and completely agree to participate in sharing that cost with those neighbors when the
time presents itself but do not believe we should bear the full cost to build public improvements where our
needs and enjoyment can be, like our neighbors, satisfied by other means (ie. Use of APPROVED on-site
sewage retention systems)
Below are applicable polices from Pasco's Comprehensive Plan.
•LU-4-B Policy: Encourage infill and higher density uses within proximity to
major travel corridors and public transportation service areas.
•H-4-C Policy: Increase housing supply and diversity through appropriate and
flexible development standards
The single issue appears to be Pasco's continued insistence on extending sewer more than 1100 feet
which is cost prohibitive for a 3 lot short plat. The City of Pasco has failed to show what authority it has in
making a requirement for off-site improvements in its own development code. The City of Pasco appears
to have violated its own development standards by requiring extension and connection to services
beyond the thresholds established in PMC 13. 70.060. And finally the use of "Special Circumstances"
without a clear definition as applied by the City of Pasco appears to be arbitrary and capricious i_n its
application to this project.
Pasco Municipal Code Section 13.70.060
The owners of all new construction houses, buildings or properties used for human occupancy,
employment, recreation, or other purpose, situated within the City, are required at their expense
to connect to the proper public sewer in accordance with the provisions of this chapter; provided,
that the public sewer is within 200 feet of the property line and in accordance with Chapters
16.15 and 16.20 PMC. [Ord. 3702 § 2, 2004; Code 1970 § 13A.52.050.]
We believe that this denial I requirement for sewer extensions is similar to BENCHMARK LAND
COMPANY v. CITY OF BATTLE GROUND, in that the City of Pasco has failed to show an impact and a
solution proportional to the impact when requiring an off-site improvement while simultaneously ignoring
the septic approvals already granted this proposal by the Health Department.
Page 2 of 3
Page 181 of 191
May 27, 2021
The City of Pasco Comprehensive Sewer Plan does not appear to list the proposed project area in table
ES-1. We can find no plan, or improvement proposals covering the former unincorporated areas that our
property lies within. We do not believe that Pasco has adequately planned for or invested in sewer
infrastructure in our area and seems to be relying exclusively on the property owners. We should not be
made to bear disproportionate costs to mitigate existing deficiencies whne Pasco continue to annex other
areas of the UGA.
We appreciate your time in hearing our concerns and frustration with the Community and Economic
Development Department and hope that you grant the appeal and utility waiver through your authority
granted in PMC 16.15.050(1).
Thank you for your time,
Page 3 of 3
Page 182 of 191
Date: July 9, 2021
Task: Land Capacity & Future Development Analysis
Staff: Jacob B. Gonzalez, Senior Planner
Description: Develop an assessment of projected residential capacity for the purpose of sewer (lift‐station) analysis
surrounding the property at Road 96, for Short‐Plat 2021‐001 / Appeal 2021‐001.
Task Steps
1. Select all residential parcels within 0.5 miles of site Parcel No 118101057
Figure 1 ‐ Residential Parcels within Buffer Area
Table 1 ‐ Residential Demographics within Buffer Area
Total Parcels Population Households Dwellings
Area
(Acres)
Density
(DU – Gross)
993 2,845 970 994 462.69 2.14
2. Select all vacant, residential parcels within 0.5 miles of site Parcel No 118101057
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Figure 2 ‐ Vacant Residential Parcels within Buffer Area
Table 2 ‐ Vacant Residential Parcels within Buffer Area
Total Parcels Population Households Dwellings Area (Acres)
Density
(DU – Gross)
21 0 0 0 22.5 0
3. Determine Residential Building Capacity for Vacant Lands
To estimate potential building capacity, we need to identify the area of vacant lands by Comprehensive Plan Land Use
and City Zoning.
Table 3 ‐ Development Capacity of Vacant Lots
Comprehensive
Plan Land Use
# of Parcels Area (Acres)
Permitted Density
Range
Development
Capacity*
Medium Density
Residential
8 8.8 (5.28) 6 – 20 du/acre 68.64 DUs
Low Density
Residential
13 14.5 (8.7) 2 – 5 du/acre 30.45 DUs
*Development Capacity is determined by using the average of the permitted density range multiplied by the total area
after accommodating a 45% reduction for right‐of‐way, environmental and market factor.
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4. Capacity Results
The results from the analysis indicate that the vacant lands have capacity for upwards of 162 dwellings. After a review
check of the vacant lands, it should be noted that the lots within the Medium Density Residential Land Use are currently
zoned for Office uses and are also located in an area with substantial access issues. Staff does not recommend including
these lands for residential development considerations.
Table 4 below summarizes the development capacity for the area, per staff recommendations and analysis.
Current
Population
Current
Dwellings
Current Density
Forecasted
Population
Forecasted
Dwellings
Forecasted Density
2,845 994 2.14 3,000* 1,024 2.21
*Forecasted population was determined by using the existing household size (2.93) for occupied households within the
buffer area.
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QUALITY OF LIFE
Promote a high-quality of life through quality programs, services and appropriate investment and re-
investment in community infrastructure by:
• Using Community Development Block Grant (CDBG) and other public and private capital to
revitalize older neighborhoods and safe routes to essential services.
• Continuing efforts toward designing, siting, programming needs, and site selection for a
community center and pursuing acquisition of land for future community park.
• Developing Phase I of the A Street Sporting Complex and continue efforts to provide additional
soccer and sports fields.
• Coordinating with the Pasco Public Facilities District to develop a public education campaign,
financial analysis and prepare a ballot measure concerning the development of a regional aquatic
facility for consideration by the people.
• Completing construction of a new animal control facility.
• Ongoing efforts to improve efficiency and effectiveness of public resources in the delivery of
municipal services, programs, and long-term maintenance and viability of public facilities.
• Collaborating with the Inclusion, Diversity and Equity Commission and community leaders to
enhance engagement efforts and organizational cultural competency.
• Updating design standards for the development of new neighborhoods and re-development to
promote greater neighborhood cohesion through design elements, e.g.: walkability, aesthetics,
sustainability, and community gathering spaces.
• Updating Parks and Facilities Comprehensive Plan to include: public facilities inventory, needs
assessment, level of service, and centers evaluation.
• Teaming with local and regional partners to develop a Housing Action Plan with a focus on strategies
that emphasize affordable housing.
FINANCIAL SUSTAINABILITY
Enhance the long-term financial viability, value, and service levels of services and programs, including:
• Regular evaluation of services and programs to confirm importance to community, adequacy, and
cost-benefit.
• Continuation of cost of service and recovery targets in evaluating City services.
• Ongoing evaluation of costs, processes and performance associated with delivery of City services
including customer feedback and satisfaction, staffing, facilities, and partnership opportunities.
• Instilling and promoting an organizational culture of customer service across all business lines.
• Updating policies relating to urbanization of the unincorporated islands to assure consistency with
long-range planning, community safety, and fiscal sustainability.
City Council Goals 2020-2021
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COMMUNITY SAFETY
Preserve past improvements and promote future gains by:
• Developing a Comprehensive Police Strategic Master Plan through a transparent process to evaluate
future service levels of the department to assure sustainability, public safety, and crime control over
the next 5-10 years.
• Collaborating with regional and community partners to evaluate and implement strategies to
reduce the incidence of homelessness.
• Leveraging and expanding partnerships to maintain and enhance behavioral health services to
community members in crisis being assisted by police and fire.
• Continuing efforts to improve police and community relations.
• Working to achieve and maintain target fire response times through operational improvements and
long-range strategic planning of facilities and staffing.
• Focusing on the long-term goal of sustaining a Washington State Rating Bureau Class 3 community
rating.
• Leveraging infrastructure database of sidewalks, streetlights and pavement conditions along with
evaluating policies and methods to address needs and inequities.
COMMUNITY TRANSPORTATION NETWORK
Promote a highly-functional multi-modal transportation network through:
• Commencement and completion of construction of the Lewis Street Overpass project.
• Continued emphasis on improvements in Road 68/I-182/Burden Blvd. corridor to improve operation
and safety.
• Data-driven pro-active neighborhood traffic calming efforts.
• Continued collaboration with Ben Franklin Transit to enhance mobility and access.
• Completion of a Transportation System Master Plan and utilization of its recommendations to
develop policies, regulations, programs, and projects that provide for greater connectivity, strategic
investment, mobility, multi-modal systems, accessibility, efficiency and safety.
ECONOMIC VITALITY
Promote and encourage economic vitality by supporting:
• Downtown revitalization efforts of Downtown Pasco Development Authority (DPDA), post-COVID
restart, and City initiatives such as Downtown Master Plan process and sign code modifications.
• The construction of Peanuts Park and Farmers Market and continued efforts to pursue streetscape
and gateway upgrades.
• The completion of the Comprehensive Land Use Plan Update and Broadmoor Master Plan efforts,
adoption of Urban Growth Area expansion alternative, implementation of adopted long-range
planning efforts with appropriate analysis and adoption of planning actions including: zoning code
changes, phased sign code update, and development regulations and standards.
• Increased efforts to promote the community as a desirable place for commercial and industrial
development by promoting small business outreach and assistance, predictability in project review,
and excellent customer service.
• Partnerships and encouragement of Department of Natural Resources (DNR) to facilitate
development of the remaining state-owned properties at Road 68/I-182.
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• Continued coordination with the Port of Pasco to complete and implement a waterfront-zoning
plan and provide for public infrastructure.
• Active partnerships in the planning and development of strategies to promote tourism and
deployment of assets to spur economic activity.
• In concert with community partners, development of a comprehensive economic development
plan.
COMMUNITY IDENTITY
Identify opportunities to enhance community identity, cohesion and image through:
• Continued efforts of community surveying through traditional methods and the application of new
technologies.
• Providing opportunities for community engagement through boards, commissions, volunteer
opportunities, social media, forums, and other outlets.
• Enhanced inter-agency and constituent coordination developed during the pandemic.
• Continued efforts of the community identity/image enhancement campaign to include promotion
of community and organizational successes.
• Enhanced participation and support of cultural events occurring within the community.
• Support of the Arts and Culture Commission in promoting unity and the celebration of diversity
through art and culture programs.
For more information, visit www.pasco-wa.gov/councilgoals
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CALIDAD DE VIDA
Promover una vida de buena calidad a través de programas de calidad, servicios e inversiones y
reinversiones adecuadas en la infraestructura de la comunidad al:
• Utilizar una Community Development Block Grant (CDBG) (Concesión de Ayuda Federal para el
Desarrollo Comunitario) y otro capital público y privado para renovar las vecindades antiguas y las
rutas seguras a los servicios esenciales.
• Continuar los esfuerzos hacia el diseño, las obras de construcción, las necesidades programáticas, y
la elección de dichas obras de construcción, para un centro comunitario y comprar el terreno para
un futuro parque comunitario.
• Desarrollar la 1era Fase del Sporting Complex (Complejo Deportivo) de la Calle A y continuar los
esfuerzos de proporcionar más campos de fútbol y de otros deportes.
• Coordinar con el Pasco Public Facilities District (Distrito de las Instalaciones Públicas de Pasco) para
desarrollar una campaña de educación pública, un análisis financiero, y preparar una propuesta
sobre el desarrollo de una instalación acuática regional para que sea considerada por el público.
• Terminar la construcción de una nueva instalación para el control de animales.
• Continuar los esfuerzos para mejorar la eficiencia y la eficacia de los recursos públicos en la entrega
de servicios municipales, programas, y el mantenimiento y la viabilidad a largo plazo de
instalaciones públicas.
• Colaborar con la Inclusion, Diversity and Equity Commission (Comisión de Inclusión, Diversidad, y
Equidad) y con los líderes comunitarios para mejorar los esfuerzos de participación y la capacidad
cultural organizacional.
• Actualizar los estándares de diseño para el desarrollo de nuevas vecindades y el redesarrollo para
promover más cohesión de las vecindades a través de elementos de diseño, p. ej.: viabilidad peatonal,
evaluación de las necesidades, sustentabilidad, y lugares donde se puedan reunir los miembros de
la comunidad.
• Actualizar el Parks and Facilities Comprehensive Plan (Plan Comprehensivo de los Parques y las
Instalaciones) para que incluya: un inventario de instalaciones públicas, una evaluación de las
necesidades, el nivel de servicio, y la evaluación del centro.
• Trabajar en equipo con colaboradores regionales para desarrollar un Housing Action Plan (Plan de
Acción para Viviendas) con un enfoque en las estrategias que enfatizan viviendas económicas.
SUSTENTABILIDAD FINANCIERA
Mejorar la sustentabilidad financiera a largo plazo, el valor, y los niveles de servicios y programas,
incluyendo:
• La evaluación regular de los servicios y de los programas para confirmar la importancia de la
comunidad, la capitalización adecuada, y el costo-beneficio.
Metas del Concilio de la
Ciudad del 2020-2021
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• La continuación del costo por el servicio y de las metas de recuperación al evaluar los servicios de la
Ciudad.
• La evaluación continua de los costos, los procesos y el desempeño relacionado con la entrega de los
servicios de la Ciudad incluyendo la retroalimentación y la satisfacción del cliente, el personal, las
instalaciones, y las oportunidades colaborativas.
• Inculcar y promover una cultura organizacional de servicio al cliente a lo largo de todas las líneas de
negocio.
• Actualizar las políticas relacionadas con la urbanización de las islas no incorporadas para asegurar
consistencia con la planificación a largo plazo, la seguridad comunitaria, y la sustentabilidad fiscal.
SEGURIDAD COMUNITARIA
Preservar las mejorías anteriores y promover las ganancias futuras al:
• Desarrollar un Comprehensive Police Strategic Master Plan (Plan Maestro Estratégico
Comprehensivo Policial) a través de un proceso transparente para evaluar los niveles futuros de
servicio del departamento para asegurar sustentabilidad, seguridad pública, y control de crímenes
durante los siguientes 5-10 años.
• Trabajar con colaboradores regionales y comunitarios para evaluar e implementar estrategias para
reducir los casos de personas sin techo.
• Hacer uso y ampliar las colaboraciones para mantener y mejorar los servicios de salud conductual a
los miembros de la comunidad que se encuentran en medio de una crisis, ayudados por la policía y
por los bomberos.
• Continuar los esfuerzos para mejorar la relación con la policía y con la comunidad.
• Trabajar para lograr y mantener el tiempo de reacción de los bomberos a través de mejorías
operacionales y la planificación estratégica de instalaciones y personal a largo plazo.
• Enfocarse en la meta a largo plazo de mantener una clasificación de la comunidad Clase 3 del
Washington State Rating Bureau (Departamento de Clasificación del Estado de Washington).
• Utilizar la base de datos de la infraestructura de las banquetas, los faroles, y las condiciones del
pavimento, como también evaluar las políticas y los métodos para tratar las necesidades y las
injusticias.
RED DE TRANSPORTE COMUNITARIO
Promover una red de transporte extremadamente funcional y multimodal a través de:
• El comienzo y el término de la construcción del proyecto Lewis Street Overpass.
• El énfasis continuo en las mejorías de la ruta Road 68/I-182/Burden Blvd. para mejorar la operación y
la seguridad.
• Los esfuerzos proactivos basados en datos para calmar el tráfico en las vecindades.
• La colaboración continua con Ben Franklin Transit para mejorar la movilidad y el acceso.
• El término del Transportation System Master Plan (Plan Maestro del Sistema de Transporte) y la
utilización de sus recomendaciones para desarrollar políticas, reglas, programas, y proyectos que
proporcionan más conectividad, inversiones estratégicas, movilidad, sistemas multimodales,
accesibilidad, eficiencia, y seguridad.
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VITALIDAD ECONOMICA
Promover y motivar la vitalidad económica al apoyar:
• Los esfuerzos de renovación de la Downtown Pasco Development Authority (DPDA) (Autoridad de
Desarrollo del Centro de Pasco), el reinicio después de COVID, y las iniciativas de la Ciudad como el
proceso del Downtown Master Plan (Plan Maestro del Centro) y las modificaciones de los códigos de
anuncios.
• La construcción del Peanuts Park and Farmers Market (Parque Peanuts y el Mercado) y los esfuerzos
continuos para discutir paisajes urbanos y actualizaciones de entradas.
• El término de los esfuerzos de la Comprehensive Land Use Plan Update (Actualización
Comprehensiva del Uso de Terrenos) y los esfuerzos del Broadmoor Master Plan (Plan Maestro de
Broadmoor), la adopción de la alternativa de la expansión de Urban Growth Area (Área del
Crecimiento Urbano), la implementación de los esfuerzos de planificación a largo plazo con los
análisis adecuados y la adopción de acciones de planificación incluyendo: los cambios a los códigos
de zonas, la actualización de los códigos de los anuncios de las fases, y el desarrollo de las reglas y los
estándares.
• Más esfuerzos para promover a la comunidad como un lugar atractivo para el desarrollo comercial
e industrial al fomentar el alcance y la ayuda a los negocios pequeños, la predictibilidad en la
revisión de proyectos, y un excelente servicio al cliente.
• Las colaboraciones y la motivación del Department of Natural Resources (DNR) (Departamento de
Recursos Naturales) para facilitar el desarrollo de las propiedades restantes del estado en Road 68/I-
182.
• La coordinación continua con el Port of Pasco (Puerto de Pasco) para terminar e implementar un
plan de zonas costeras y proporcionar una infraestructura pública.
• Las colaboraciones activas en la planificación y el desarrollo de estrategias para promover el turismo
y la utilización de recursos para estimular actividad económica.
• Junto con los colaboradores de la comunidad, crear un plan comprehensivo de desarrollo
económico.
IDENTIDAD COMUNITARIA
Identificar oportunidades para mejorar la identidad comunitaria, la cohesión, y la imagen a través de:
• Los esfuerzos continuos para evaluar a la comunidad a través de los métodos tradicionales y la
aplicación de nuevas tecnologías.
• Proporcionar oportunidades para la involucración comunitaria a través de mesas directivas,
comisiones, oportunidades para voluntarios, medios sociales, foros, y otros medios.
• Una mejor coordinación entre las agencias y los constituyentes desarrollada durante la pandémica.
• Los esfuerzos continuos de campañas para la mejoría de la identidad/imagen comunitaria que
promuevan a la comunidad y a los éxitos organizacionales.
• Una mejor participación y apoyo de los eventos culturales llevados a cabo dentro de la comunidad.
• El apoyo de la Arts and Culture Commission (Comisión de Artes y Cultura) al promover la unidad y
celebrar la diversidad a través de programas de arte y cultura.
Para más información, visite www.pasco-wa.gov/councilgoals
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