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HomeMy WebLinkAbout08-11-2021 Hearing Examiner Meeting Packet w4co AGENDA HEARING EXAMINER MEETING City Hall-525 North Third Avenue Council Chambers WEDNESDAY,August 11,2021 6:00 PM I. CALL TO ORDER II. PUBLIC HEARINGS A. Preliminary Plat Tim Story- Caryl's Addition(20-Single Family Lots) (MF#PP 2021-005) B. Special Permit City of Pasco Public Works- West Pasco Water Treatment Plant Expansion in an RS-12 Zoning District (MF#SP 2021-009) C. Special Permit Ziad Elsahill/Fortify Holdings, LLC-Loyalty Inn Conversion to 161 Long-Term Single-Room Occupancy (SRO) Housing Units (MF# SP2021-011) D. Special Permit Bassetti Architects c/o Susan Conway- Bezos Academy Daycare Center/Early Learning Facility in an R-3 (Medium-Density Residential) Zoning District (MF# SP 2021-012) E. Rezone Rigoberto Rangel- Columbia Riverwalk Apartment Properties from R-3 and I-1 to R-4 (MF#Z 2021-009) F. Rezone Aqtera Engineering/Caleb Stromstad-Bedford Street Duplex C-1 to R-4 (or R-3, R-2) (MF#Z 2021-010) I. NEW BUSINESS 11. ADJOURNMENT This meeting is broadcast live on PSC-TV Channel 191 on Charter Cable and streamed at www.pasco-wa.com/psctvlive. Audio equipment available for the hearing impaired;contact staff for assistance. CIty0 REPORT TO HEARING EXAMINER 04ii" vs�co PUBLIC LAND USE HEARING oil I I City Hall—525 North Third Avenue—Council Chambers WEDNESDAY 11 August 2021 6:00 PM MASTER FILE#: PP 2021-005 APPLICANT: Tim Story/Story Family Five, LLC PO Box 2289 Richland, WA 99352-0100 REQUEST: PRELIMINARY PLAT: Caryl's Addition (20 Single-Family Lots) BACKGROUND 1. PROPERTY DESCRIPTION: Le�That portion of the Southeast quarter of the Northwest quarter of Section 17,Township 9 North, Range 29 East, W.M., Franklin County, Washington, described as follows: Commencing at the Southwest corner of said Southeast quarter of Northwest quarter; thence South 88°24'03" East along the center line of said Section 17, a distance of 73.90 feet; thence North 02°26'28" East a distance of 296.58 feet to the True Point of Beginning;thence continuing North 02°26'28" East a distance of 595.64 feet to a point on a line 100.0 feet Southwesterly and parallel to the center line of the Franklin County Irrigation District No. 1 Canal, which point lies 75.0 feet East of the West line of said Southeast quarter;thence 100.0 feet Southerly and parallel to said canal by the following courses and distances: South 65°21' East 213.84 feet; South 73°49' East 281.37 feet; South 48°59'30" East 213.57 feet; thence South 72°11 '30" East 10.24 feet; thence South 02°44'West a distance of 302.58 feet;thence North 88°24'03"West parallel to the center line of said Section 17, a distance of 646.68 feet to the True Point of Beginning (Parcel #118 080 014). General Location: at 4011 Road 96, Pasco, WA 99301 Property Size: The site contains approximately 6.6 acres (285,435.03 sq.ft.). 2. ACCESS: The parcel has access from Road 96 and Balfour Drive. 3. UTILITIES: Municipal water is available in Road 96 and sewer extends to the intersection of Balfour Drive and Road 96. 4. LAND USE AND ZONING: lot was recently rezoned from RS-20 (Suburban Residential) to R-1 (Low-density Residential;Ordinance 4513)and is developed with an earth-sheltered single family dwelling unit,a garage, a pole building,and a horse shelter/lean-to shed.Surrounding properties are zoned and developed as follows: NORTH: R-1 Single Family Dwellings/FCID Canal R-O-W EAST: RS-20 Single Family Dwellings SOUTH: RS-20 Single Family Dwellings/pasture WEST: RS-12 Single Family Dwellings 5. Comprehensive Plan: The Comprehensive Plan indicates the site is intended for low-density residential development. According to the Comprehensive Plan, low-density residential development means 2 to 5 dwelling units per acre. The criteria for allocation under the future land use section of Volume II of the Comprehensive Plan (Vol. II, page 17) encourages 1 development of lands designated for low-density residential uses when or where sewer is available, the location is suitable for home sites, and there is a market demand for new home sites. Policy H-1-E encourages the advancement of home ownership, and Goal H-2 suggests the City strive to maintain a variety of housing options for residents of the community. Goal LU-2 encourages the maintenance of established neighborhoods and the creation of new neighborhoods that are safe and enjoyable places to live. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist(SEPA 2020-063),the adopted City Comprehensive Plan, City development regulations, and other information, a Mitigated Determination of Non-Significance (MDNS) was issued for this project on 29 June 2021 (WAC 197-11-355). Mitigation included the following: a. An inadvertent discovery protocol must be established for the potential discovery of cultural or historical artifacts before or during improvements/construction. ANALYSIS LOT LAYOUT:The proposed preliminary plat contains 20 single-family lots,all but three(proposed lots 11, 14 & 15)of which would have access from dedicated internal streets,via a single access/egress point at Road 96 and Balfour Drive.As the distance from the proposed Balflour right-of-way and the northern property line is approximately 300'a looped road would create an island of undesirable double-frontage lots;eliminating the non-frontage lots (proposed lots 11, 14, and 15) would reduce the density from 20 lots to 17, and thus defeating the purpose of the recent rezone. The provisions of Pasco Municipal code 21.20.060 concerning lots without street frontage would apply in this case. The lots range from 8,644 square feet to 18,699 square feet, the average lot size being 12,423 square feet. The area was recently rezoned from RS-20 (Suburban) to R-1 (Low-density Residential) zoning.The proposal would be consistent with the development standards of the R-1 zoning district per PMC 25.45.050. RIGHTS-OF-WAY: All lots but three (proposed lots 11, 14 & 15) will have frontage on streets either existing (Road 96) or to be dedicated (the extension of Balflour Lane) as part of the plat. All roads will be fully improved and completed with this subdivision. Lots without street frontage would be serviced via 24'-wide paved access and utility easements. The provisions of Pasco Municipal code 21.20.060 dealing with lots without street frontage would apply in this case. UTILITIES: Municipal Water is available via an 8' line in Road 96. Sewer service is available from Balflour Lane. IRRIGATION: This parcel is within Franklin County Irrigation District service area, currently served and assessed by FCID. Owner shall be required to build a system within the plat to deliver irrigation water to each of the new lots with proper irrigation easements for all new lines installed. Prior to building of this system an engineering drawing shall be submitted to KID for review and comments. Development shall comply with RCW 58.17.310. WATER RIGHTS: The assignment of water rights is a requirement for subdivision approval per Pasco Municipal Code Section 21.05.120(1) and Section 3.35.160. If no water rights are available to transfer to the City the property, owner/developer must pay a water right fee in lieu thereof. STAFF FINDINGS OF FACT State law (RCW 58.17.110) and Pasco Municipal Code require the City to develop Findings of Fact as to how this proposed subdivision will protect and enhance the health,safety,and general welfare of the community. The following is a listing of proposed "Findings of Fact": 2 Prevent Overcrowding: Density requirements of the R-1 zone are designed to address overcrowding concerns.The Comprehensive Plan suggests the property in question be developed with 2 to 5 dwelling units per acre. The proposed plat has a density of approximately 2.9 units per acre. No more than 40 percent of each lot is permitted to be covered with structures per the R-1 standards. Parks Open Space/Schools: City of Pasco Liberty Park and Tri-Cities Prep Private Catholic School are both within % mile of the site; Chiawana High, McLaughlin Middle School, and Three Rivers Elementary are all within % mile of the site; Delta STEM High School and Chiawana Park are within 1 mile of the site. The FCID canal is in the process of being undergrounded and the FCID has been slated for a future linear park in the City of Pasco Comprehensive Plan. The City is required by RCW 58.17.110 to make a finding that adequate provisions are being made to mitigate the impacts of the proposed subdivision on the School District. At the request of the School District,the City enacted a school impact fee in 2012.The imposition of this impact fee addresses the requirement to ensure there are adequate provisions for schools. A school impact fee in the amount of$4,700 will be charged for each new single-family dwelling unit at the time of building permit issuance. Effective Land Use/Orderly Development: The plat is designed for single-family development as identified in the Comprehensive Plan. The maximum density permitted under the Comprehensive Plan is 5 dwelling units per acre.The developer is proposing a density of 2.9 units per acre. Pasco Municipal Code 21.15.010(1) specifies that street patterns shall take into consideration access needed to develop adjacent properties.This has not been done in this subdivision, particularly relating to developable properties to the south. Safe Travel &Walking Conditions:The proposed plat includes adequate streets and sidewalks. Curb,gutter, and sidewalk shall be installed and constructed to current City standards and to the standards of the American's with Disabilities Act (ADA). All lots but three (proposed lots 11, 14 & 15) will have frontage on streets either existing (Road 96) or to be dedicated as part of the plat. All roads will be fully improved and completed with this subdivision. Lots without street frontage would be serviced via 24'-wide paved access and utility easements. Adequate Provision of Municipal Services: All lots within the plat will be provided with water, sewer, and other utilities. Provision of Housing for State Residents: The proposed plat contains 20 single-family lots providing the opportunity for the construction of 20 new dwelling units in Pasco. Adequate Air and Light: The maximum lot coverage limitations, building height restrictions, and building setbacks will assure that adequate movement of air and light is available to each lot. Proper Access &Travel: The plat will be developed to City standards to assure proper access is maintained to each lot. A connection will be made to the Road 96/Balflour Drive access/egress point. All lots but three (proposed lots 11, 14 & 15) will have frontage on streets either existing (Road 96) or to be dedicated (the extension of Balflour Lane) as part of the plat. Lots without street frontage would be serviced via 24'-wide paved access and utility easements. The provisions of Pasco Municipal code 21.20.060 concerning lots without street frontage would apply in this case. Pasco Municipal Code 21.15.010(1) specifies that street patterns shall take into consideration access needed to develop adjacent properties.This has not been done in this subdivision, particularly relating to developable properties to the south. Comprehensive Plan Policies & Maps: The Comprehensive Plan designates the plat site for low-density residential development. Policies of the Comprehensive Plan encourage the advancement of home ownership and suggest the City strive to maintain a variety of housing for residents. Housing Goals and Policies of the Comprehensive Plan that pertain to this development include: H-1: Encourage housing for all economic segments of the city's population; H-2: Strive to maintain a variety of 3 housing consistent with the local and regional market; Policy H-2-A: Allow for a full range of residential environments including single family homes, townhomes, condominiums, apartments and manufactured housing. The applicant is proposing to construct 20 single-family lots at a density of 2.9 dwelling units per acre to meet the intent of the Comprehensive Plan. Other Findings:The Public Notice was mailed out and published in the Tri-City Herald on 25 June 2021. 1. The site is within the Pasco Urban Growth Boundary. 2. The State Growth Management Act requires urban growth and urban densities to occur within the Urban Growth Boundaries. 3. The site is developed with an earth-sheltered single family dwelling unit, a garage, a pole building, and a horse shelter/lean-to shed. 4. The site is not considered a critical area, a mineral resource area or a wetland. 5. The site's Comprehensive Plan designation is for Low Density Residential development, which specifies residential development of 2 to 5 dwelling units per acre. 6. The site is zoned R-1 (Low-density Residential) 7. A rezone from RS-20(Suburban)to R-1 (Low Density Residential) was approved in 2020. 8. The proposed subdivision is in conformance with the R-1 zoning requirements of the site. 9. The minimum lot area in the R-1 zone for single-family dwellings is 7,200 square feet. 10. The developer is proposing 2.9 dwelling units per acre. 11. The Housing Element of the Comprehensive Plan encourages the advancement of programs that promote home ownership and development of a variety of residential densities and housing types. 12. The Transportation Element of the Comprehensive Plan encourages the interconnection of neighborhood streets to provide for the disbursement of traffic. 13. The interconnection of neighborhood streets is necessary for utility connections (looping) and the provision of emergency services. 14. Pasco Municipal Code 21.15.010(1)specifies that street patterns shall take into consideration access needed to develop adjacent properties. 15. This subdivision does not take developable properties to the south into consideration in terms of street connectivity or utilities looping. 16. All but three lots will have frontage on either existing or future streets as part of the plat. 17. Lots without street frontage would be serviced via 24'-wide paved access and utility easements. 18. Per the ITE Trip Generation Manual 9th Edition,the proposed subdivision,when fully developed,will generate approximately 9.52 trip/unit * 20 units = 190.4 trips per day. 19. The current park impact fee is $1,679 per dwelling unit. 20. RCW 58.17.110 requires the City to make a finding that adequate provisions have been made for schools before any preliminary plat is approved. 21. The City of Pasco has adopted a school impact fee ordinance compelling new housing developments to provide the School District with mitigation fees.The fee was effective April 16, 2012. 4 22. Past correspondence from the Pasco School District indicates impact fees address the requirement to ensure adequate provisions are made for schools. 23. Plat improvements within the City of Pasco are required to comply with the 2020 Standard Drawings and Specification as approved by the City Engineer.These improvements include but are not limited to water, sewer and irrigation lines, streets, streetlights, and storm water retention. Handicapped- accessible pedestrian ramps are to be completed with the street and curb improvements prior to final plat approval. Sidewalks are installed at the time permits are issued for new houses, except sidewalks along major streets, which are installed with the street improvements. 24. The assignment of water rights is a requirement for subdivision approval per Pasco Municipal Code Section 21.05.120(1) and Section 3.35.160. 25. If no water rights are available to transfer to the City the property, owner/developer must pay a water right fee in lieu thereof. 26. The developer is responsible for all costs associated with construction, inspection, and plan review service expenses incurred by the City Engineering Office. 27. The City has nuisance regulations(PMC 9.60)that require property owners (including developers)to maintain their properties in a manner that does not injure, annoy, or endanger the comfort and repose of other property owners. This includes controlling dust, weeds and litter during times of construction for both subdivisions and buildings including houses. TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of the proposed Plat the Hearing Examiner must develop findings of fact from which to draw its conclusion (PMC 21.25.060)therefrom as to whether or not: (1) Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, transit stops, schools and school grounds, sidewalks for safe walking conditions for students and other public needs; The proposed plat will be required to develop under the standards of the Pasco Municipal Code and the standard specifications of the City Engineering Division. These standards for streets, sidewalks, and other infrastructure improvements were designed to ensure the public health, safety, and general welfare of the community. These standards include provisions for streets, drainage, water and sewer service and the provision for dedication of right-of-way. The preliminary plat was forwarded to the PUD, the Pasco School District,Cascade Gas,Charter Cable, Franklin County Irrigation District,and Ben-Franklin Transit Authority for review and comment. Based on the School District's Capital Facilities Plan the City collects school mitigation fees for each new dwelling unit. The fee is paid at the time of building permit issuance. The school impact fee addresses the requirements of RCW 58.17.110.All new developments participate in establishing parks through the payment of park fees at the time of permitting. (2) The proposed subdivision contributes to the orderly development and land use patterns in the area;The proposed Plat makes efficient use of vacant land. The proposed subdivision will provide street improvements within the plat as per City standards; a connection will be made to Road 96/Balflour Drive to the west. This subdivision does not take the underdeveloped land to the south into consideration in terms of street connectivity or utilities looping. 5 (3) The proposed subdivision conforms to the policies, maps, and narrative text of the Comprehensive Plan; The Comprehensive Plan land use map designates the site and all surrounding properties for Low Density Residential development and may be developed with modified factory-assembled homes and single-family dwelling units. Low Density Residential specifies development at a density of 2 to 5 dwelling units per acre. Policies of the Comprehensive Plan encourage the advancement of home ownership and suggest the City strive to maintain a variety of housing for residents. The plat indicates a density of 2.9 dwelling units per acre, which meets the density range established by the Comprehensive Plan. The Housing Element of the Plan encourages the promotion of a variety of residential densities and suggests the community should support the advancement of programs encouraging home ownership. The Plan also encourages the interconnection of local streets for inter-neighborhood travel for public safety as well as providing for traffic disbursement. This subdivision does not take developable properties to the south into consideration in terms of street connectivity. (4) The proposed subdivision conforms to the general purposes of any applicable policies or plans which have been adopted by the City Council; Development plans and policies have been adopted by the City Council in the form of the Comprehensive Plan. The proposed subdivision conforms to the policies, maps, and narrative text of the Plan as noted in number three above. (5) The proposed subdivision conforms to the general purposes of the subdivision regulations. The general purposes of the subdivision regulations have been enumerated and discussed in the staff analysis and Findings of Fact.The Findings of Fact indicate the subdivision is generally in conformance with the general purposes of the subdivision regulations provided certain mitigation measures (i.e., school impact fees are paid). (6) The public use and interest will be served by approval of the proposed subdivision. The proposed plat, if approved, will be developed in accordance with all City standards designed to ensure the health, safety and general welfare of the community are met. The Comprehensive Plan will be implemented through development of this plat. These factors will ensure the public use and interest are served. TENTATIVE PLAT APPROVAL CONDITIONS 1) A City of Pasco approved traffic impact analysis shall be required for this project. 2) The traffic impact analysis required for this project shall be completed and City approval shall be obtained prior to the City Engineering Departments' review of any civil plans. 3) Street patterns shall take into consideration access needed to develop adjacent properties, as per Pasco Municipal Code 21.15.010. 4) All improvements shall be in accordance with 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. 6 5) The face of the final plat shall include this statement: "As a condition of approval of this final 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. 6) The face of the final plat shall include this statement: "The individual or company making improvements on a lot or lots of this plat is responsible for providing and installing all trench,conduit, primary vaults, secondary junction boxes, and backfill for the PUD's primary and secondary distribution system in accordance with PUD specifications; said individual or company will make full advance payment of line extension fees and will provide all necessary utility easements prior to PUD construction and/or connection of any electrical service to or within the plat." 7) Any existing water rights associated with the subject property shall be transferred to the City as a condition of approval. If no water rights are available then the property owner, in accordance with PMC 21.05.120, shall pay to the City, in lieu thereof, a water rights acquisition fee as established in the City Fee Summary Ordinance as identified in PMC 3.35. 8) Only City and other utilities with franchise agreements are allowed in the public right of way. 9) Overhead utilities are required to be re-routed below ground. 10) 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 written support/approval of the proposed development from all outside utilities, public and private. 11) All fee payments for bonding of ROW improvements and Water Rights must be paid at the time of Final Plat being submitted for signatures. RECOMMENDATION Staff recommends approval of the Preliminary Plat with conditions per above. 7 Overview Item: Caryl's Addition - 20-lot Preliminary Plat N Applicant: Story Family Five LLC W+E Map File #: PP 2021-005 S elm A Wi 1�4 6 I'LL. LL -oA!4r;.- lu ;z! 1 6 1 4i — Ir \ ............ I 77 I 4 -1 W 7. • .L ♦ j.—6 4 95 ♦ 6 6 4 4 JbI., IL r.'V V LJ1 pri Arc 31 •% 1% 500 1,000 2,000 3,000 4 111 AtMon caunT�� POLO I- r Feet Vicinity Item: Caryl's Addition - 20-lot Preliminary Plat N Applicant: . 1 I IIIIII�IIIIIIIIIIIIIjlllllllllllllll 111111 �t w Illllli�liii IIIIIIIIIIIIIIIIIIIIIIIIII +. - ♦ IIIII�IIIIIIIIII;111111;I'IIIIIIIIIII�IIIIIIIIIIIIIjlllllllll 2.�A , � ; -_ Illlll111iiiiiiiiiiillllllllll �� ,,��� � �- 9 Vlljllllllllllllllllllllllll � - %' • 1 � r 1 F • 70 140 280 420 56� , Land Use Item: Caryl's Addition - 20-lot Preliminary Plat N Applicant: Story Family Five LLC w E Map File #: PP 2021-005 S J LLE SFDU w o YELAN D Dr Lu O o wF u I 1 z 00 \ RO �r o NqDO DL O � O O O� O � 76 SITE ° \ U Q) d BALFLOUR Dr J � r O� w a � c J Z) oQ 0 Q ^ LL Ln wII—JJrg SFDU LLFO O 70 140 280 420 560 1-1 Feet Zoning Item: Caryl's Addition - 20-lot Preliminary Plat N Story . 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LL CON845.0208 TACT:CALEB SIRWSTPD,PE �1 SURVEYOR $ 1 ^I 0,644 SF I US,—SF I� 74 9 OH \ \\ \\ �\ \ N TR AHBL,INC CC pry 5804 ROAD 90,SUITE H C a \ 15,324 SF r �\ y.�y \ PASCO,WA 99301 rc Tz e I 6 113 __415 EG®5'INTERVALS(TOP) I /13163 SF �' �� JSf,\\ �\® \ PH.509300.5003 J M x \ \ m W MAPIE OR CONTACT:JOHN BECKER.PLS w BASIS OF BEARING 4 l 1 �� \\ r µAD 1983/11 a Y F 31 n / ' SHIrvCTON STAGE PLANE SCUM PENECTION,BASED ON GPS $ I I 8,]31 ff / _/ T� 1 ]0 i , 145]'33'\\ OBSERVATIONS USING TSAR AND GEOID FEEE 90 98 101 T I 18,699 SF i R=14324' \ UN OF MEASUREMENT ARE US SURVEY fEEi 70 - //J — / `\ Q�;/ xT / PO/rJ v' L=3A40' y W ARDENT RO VERTICAL DATUM \ 24'ACCESS AND \ 24'ACCESS AND NAw 88 "0.' — CITY OF PASCO BENCHMARK 48-16 WELL RADIUS of UTIL ESM\i 5 I $1 UTIL ESMT /� ' — PROMISED LOi BRASS DISK Ai ARDENT AND RD 92 NUMBER I-) KEY NOTES ELEV MGM CONVERTED ro NA*USING xoAA wRTCOM i CONNECT i0 Qj 1 — 9 NAw68-392.68 EXISTING WATER ^1 m � a l i \ a 10,3]2 SF L"J _1 �3 I� 12 1 i 14530 ff EMERGENCY VEHICLE LOOPED ACCESS WMM AND RADII PER APPENDIX D(FIRE UTILITIES/SERVICES Is Is 12,90]SF 14,6]4 SF ELAN,SF APPARANS ACCESS ROADS)OF ME 2015 IxlUtrvnilOMAL FIFE CODE AnD PW1C CONNECT TA E%IS WE `` �,' L 1-- !S�� ROADS/WATER/SEWER: CITY OF PASCO O SANITARY SEWER 3s \;a\ --------_ --—— —415--R=55'� i ft=55'L=60' 'YSY`V Yv 21.20060 dB' R=2301=q8' 6 X PSS LHBISA$O L FRANKLIN COUNTY IRRIGATION DISTRICT - R>ZJp ` L=33' PROPOSED STREET PER CITY STANDARD DETAIL ST-2A LOCAL ACCESS STREET 1co PON£a: FRANKLIN PUD B"LOURLANE ®E%MELLI yRz [[/ \�T� ] ❑ NANRAL GAS. CASCADE NANRAL GAS WRPORAnON s—ss�n—ss ss�W / 1)OL`3a R=I)Ol_SO' '--- -----R='I"/ V3 $ UNDER(RWND INFILTRATION FACILITIES PROPOSED FOR DRAINAGE MANAGEMENT W _ COIIMUNIGnON: CHARIER COMMUNICATION 8 LUMEN \ o ®EXISTING WELLS TO I'DECOMMISSIONED. __ PRE PLAT INFORMATION s CONECi TO NI� � R'1]OL a9' J�u -ss ss h/ ®\ 3 EXISTING HOUSE,GARAGE,HORSE SHELTER,SHED AND SHOP TO BE REMOhD TOTAL ttAi PRG:].01 AC BALFLOURL e/ \ r PARCEL:u8080041 ❑5 DURlxc consMucnoN. Eg51MC WATER ! \W / 13,]94 sF \ PROPOSED USE:SINGE-FAMILY RESIDENTIAL KS M ; � I I\ \ R_ / —�biJ �JW W p9 ©EXISTING FENCE TO BE REMWED. NUMBER OF LOTS 20 \ R=I7p�1JOY=9 1 _i y 3 R=2307=43' 40 _ 03� )6 CRO55 DENSITY 29 LOTS/AC / _ L=12 —j -- - -\- --- -- IF DEEMED NECESSARY,CITY TO PRONOE DIRECTION ON SIDEYARO sNBWT P S 9,9fi1 SF R=55' �E%TENSION. M WMUM IDT AREA:8,644 SF(LOT 19) \ L'T ❑ MAXIMUM LOT AREA:18,699 SF(LOT 10) ' Q 6 I \ $ E%[STING O HEAD TO BE RELOCATED UNDERGNOUw. 117' \ Q a�W \ PROPOSED LIT AVERAIF LOT AREA:12,423 SF Ld W ZE 3 b RD 96 EXISTING CROWN 3 I -Ex WELL® I I It,6]0 ff. L9J\ O$ _ © \ O DIMENSION(1YP) EXISTING OVERHEAD TO BE RELOCATED. CITY ROW AREA 5],050 SF W a o AND PROPOSED f ) I / 9,992 BE \ 9,996 SF 9,99]SE 1 = u 1 L PROM 55' T O I I 14,]50 RE 16 ROAD 9fi STREET AND MM7AGE IMPROWMENTs PER DEi I. Ex 16'\ Raw rll 39.ROWe,fin sF I ' 8 \I �- M PARCEL AREA TABLE = sg o ROW OEDICAnON .LTry—- E%R/W PROP R/W ;m N09'24 18°W MI.RN 55 ROW LOT i AREA(SE) LOT I AREA(SF) 4 / ———— \ IRWOSED LOT I z]5' z].5' 1 9,961 12 ELMS @ ROW —°PARCEL1181180103 I PARCEL1180800I8 AREA(T1P) E%CRONN/PRV e 2 S6]3 13 14,6]4 OF ROW 19.5 100'PROTECTIVE \ CENIEPo]14 3 11,6]0 14 15.324 WELL RADIUS =14' 3.5' 5'SW 4 9,992 IS 10.064 E%PAVT EX PAVI WIDENING 59.996 16 12,907 ,�pDD STg0 23 2% 6 9,99] I] 10,3]2 V4'e'�oe�dybSa LEGAL DESCRIPTION: ] 14,]54 1a B,n1 PER CITY STC DWI ST-2A 8 13,]94 19 8.644 �' P PER BENTON FRANKLIN ROLE COMPANY ORDER N0.BF 11418 DATED SEPTEMBER 18,2020. 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PS ��� Community De elopmerit D partme t PO Box 293, 525 N 3 d Ave, Pasco,WA 993 1 P:509.545.3441/F:509.545.3499 MITIGATED DETERMINATION OF NON-SIGNIFICANCE (Optional DNS Process) Issuance Date: June 29, 2021 Project Name: Caryl's Addition Preliminary Plat Project Number: SEPA 2021-032 & PP 2021-005 Proponent: Tim Story/Story Family Five, LLC PO Box 2289 Richland, WA 99352-0100 Applicant: Tim Story/Story Family Five, LLC PO Box 2289 Richland, WA 99352-0100 Description of Proposal:Approval of a Preliminary Plat application for a 20-lot single- family residential subdivision in an R-1 Zoning District on a parcel consisting of 6.6 acres. Location of Proposal: 4011 Road 96, Pasco, WA 99301. That portion of the Southeast quarter of the Northwest quarter of Section 17, Township 9 North, Range 29 East, W.M., Franklin County, Washington, described as follows: Commencing at the Southwest corner of said Southeast quarter of Northwest quarter; thence South 88°24'03" East along the center line of said Section 17, a distance of 73.90 feet;thence North 02'26'28" East a distance of 296.58 feet to the True Point of Beginning; thence continuing North 02°26'28" East a distance of 595.64 feet to a point on a line 100.0 feet Southwesterly and parallel to the center line of the Franklin County Irrigation District No. 1 Canal, which point lies 75.0 feet East of the West line of said Southeast quarter; thence 100.0 feet Southerly and parallel to said canal by the following courses and distances: South 65021' East 213.84 feet; South 73049' East 281.37 feet; South 48'59'30" East 213.57 feet; thence South 72'11 '30" East 10.24 feet; thence South 0244' West a distance of 302.58 feet; thence North 88'24'03" West parallel to the center line of said Section 17, a distance of 646.68 feet to the True Point of Beginning (Parcel #118 080 014).). Mitigation: 1. An inadvertent discovery protocol must be established for the potential discovery of cultural or historical artifacts before or during improvements/construction. 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 filed within 10 days of this determination. Responsible Official: v..,j L,-�o - 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. REPORT TO HEARING EXAMINER 0 PUBLIC HEARING City Hall—525 North Third Avenue—Council Chambers Wednesday 11 August 2021 6:00 PM MASTER FILE#: SP 2021-009 APPLICANT: City of Pasco Public Works 525 N 3'd Ave Pasco, WA 99301 REQUEST: SPECIAL PERMIT:West Pasco Water Treatment Plant Three-phase Expansion in an RS-12 Zoning District BACKGROUND 1. PROPERTY DESCRIPTION: Legal: Lot 1: Parcel 118180180: PTN NW4 18-9-29 DAF: COMM AT NW COR SD SEC 18; TH S88D59'E ALG N LN SD SEC 18, 1711.47'; TH S02D03'E, 770.74'; TH S06D44'E, 315.4'TO MOST NLY COR TRACT OF LAND SHOWN AS PARCEL 5 ON RS#456145 &TPOB, BEING ON THE SELY R/W MARG OF SR-182;TH S06D44'E, 268.86';TH S55D 31'E, 381.95' TO NWLY LN FR CO IRRIG DIST PIPELN R/W; TH S35D21'W ALG SD PIPELN R/W, 883.96'; TH N48D21'W, 237.52'; TH N35D22'E, 233.41'; TH N54D38'W, 498.88' TO SELY R/W MARG OF SD SR-182; TH N50D21'E ALG SD R/W MARG, 152.64'; TH N44D38'E ALG SD R/W MARG, 402' TH N49D46'E ALG SD R/W MARG, 100'; TH N49D08'E ALG SD R/W MARG, 182.79' TO TPOB Containing approximately 11.41 acres Lot 2:Parcel 118180181: PTN NW4 18-9-29 DAF: COMM AT NW COR SD SEC; TH S88D59'E ALG N LN SD SEC 18, 1711.47'; TH S02D03'E, 770.74'; TH S06D44'E, 315.4'TO MOST NLY COR TRACT SHOWN AS PARCEL 5 ON RS#456145 & BEING ON SELY R/W MARG OF SR-182; TH S06D44'E, 268.85'; TH S55D31'E, 381.95' TO NWLY LN FR CO IRRG PIPELN R/W;TH S35D21'W ALG SD PIPELN R/W, 883.96';TH N48D27'W, 237.52'TO TPOB;TH S35D22'W, 201.16' TO NELY R/W MARG OF W COURT ST; TH N48D27'W ALG SD W COURT ST R/W MARG, 544.67' TO PT OF CURV W/5789.58' RAD CUR CONC TO SW, TH NWLY ALG ARC SD CUR TO LFT, THRU CTRL ANG OOD33', ARC DIST OF 56.7' TO SELY R/W MARG SD SR-182; TH N50D21'E ALG SD R/W MARG, 383.14'; TH S54D38'E, 498.88';TH S35D22'W, 233.41' TO TPOB. Containing approximately 5.1 acres. General Location: 11315 West Court Street Property Size: Approximately 16.51 Acres. 2. ACCESS: The site has access from West Court Street and road 111. 3. UTILITIES: The site is served by both water and sewer services from West Court Street. The site also serves as the major source of treated potable water for West Pasco. 4. LAND USE AND ZONING:The site is currently zoned RS-12 (Suburban)) and is developed with a 2400 sq. ft. pre-engineered pole frame storage building with office space. Surrounding properties zoned and developed as follows: Northeast RS-12 Vacant Southeast RS-12 SFDUs 1 Southwest RS-20 SFDUs Northwest Interstate Highway 182 5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is primarily intended for Low- Density Residential uses; a linear open Space/Parks designation runs along the southeast property lines. Comprehensive Plan goal CF-1 encourages the provision of utility services within the UGA to assure anticipated growth is accommodated over the next 20 years.The GMA mandate related to utilities and public services as adopted in the City's Comprehensive Plan states that public facilities and services necessary to support development shall be adequate to serve development without decreasing current levels below locally established standards. The Comprehensive Plan also encourages (CF-7) the maintenance of an effective and cost-efficient level of fire service. An effective fire protection system is highly dependent upon a reliable water system. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Mitigated Determination of Non-Significance (MDNS) was issued for this project on 7 July, 2021, under WAC 197-11-158. Mitigation shall be as follows: 1. An inadvertent discovery protocol for the potential discovery of cultural or historical artifacts must be prepared and submitted to the City before any ground-disturbing permits are issued. ANALYSIS Proposal Applicant proposes a three-phase expansion of the City of Pasco's West Pasco Water Treatment Plant from 6 million gallons per day (MGD) supply capacity to 12 MGD; With the rapid growth in West Pasco, and the future projected growth, there is a need to provide expanded domestic water service for residential and commercial purposes and for fire protection within the community. Property Description The plant is located at 11315 West Court Street in an RS-12 zoning district adjacent the 1-182 freeway. The site consists of two parcels totaling Approximately 16.51 Acres. A 75' by 160' treatment building and a 1.5- million-gallon reservoir were completed in 2013. History The site was annexed into the City and assigned RS-12 zoning in 2001(Ordinance 3462). The City's population in 2001 was around 27,370;the City population has since increased to 79,580 in 2020. The City approved the construction of the abovementioned water treatment plant on the site in 2008(SP 08- 009) with the following conditions: 1. The special permit shall be personal to the applicant. 2. The site shall be developed in substantial conformity with the site plan and building elevations submitted with the special permit application. 3. The access roadway from Court Street to the Plant must be hard surfaced. 4. The area of the site between the block wall and Court Street shall be irrigated and planted in lawn. 5. Six large growing deciduous trees(Oak, Maple,Walnut, Linden etc.)shall be planted in the lawn area to create a visual buffer to the plant and reservoir. 6. On-site drainage facilities shall be provided to prevent storm water runoff and irrigation runoff from 2 entering Court Street and sheeting across Court Street onto the adjacent residential properties. 7. The plant shall be designed to meet the 1-182 Corridor architectural standards of PMC 25.58. 8. The block wall shall be an architectural block wall no taller than 6 feet 9. All onsite generators shall be screened and muffled to prevent noise intrusion onto adjoining residential properties above noise levels prescribed in the PMC 9.61. 10. Testing of generators shall not occur on weekends or between 5:00 pm and 8:00 am. 11. The overhead power lines along Court Street shall be undergrounded with the development of the water plant. 12. The special permit shall be null and void if a building permit has not been obtained by December 8, 2010. Discussion Utility facilities such as water reservoirs and treatment facilities require Hearing Examiner review through the special permit process prior to being located anywhere within the city. The City is responsible for planning and providing municipal utilities within the boundaries of the Pasco Urban Growth Area. The City is required by the Growth Management Act to plan for population increases as estimated by the State Office of Financial Management. The City's water system service area includes City and unincorporated areas within the UGB. The 2014 population for the existing water service area was approximately 70,770. The City's water system currently serves around 82 percent of the Franklin County population. The projected population for the 2036 City Water Service Area is 112,200. According to the Pasco Comprehensive Water System Plan, projections for future maximum water day demand are as follows, in millions of gallons per day (mgd): • 2022 Max Day= 31.0 mgd • 2022 Peak Hour= 39.3 mgd • 2022 Additional Industrial = 00.6 mgd • 2027 Max Day= 35.8 mgd • 2027 Peak Hour= 45.3 mgd • 2027 Additional Industrial = 01.0 mgd • 2036 Max Day= 41.9 mgd • 2036 Peak Hour= 53.4 mgd • 2036 Additional Industrial = 03.1 mgd In anticipation of this growth the current West Pasco Water Treatment Plant project was placed on the City's Capital Improvement Program list. INITIAL STAFF FINDINGS OF FACT Findings of Fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The 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 in the Tri-City Herald on 19 July 2021. 3 2. Applicant proposes a three-phase expansion of the City of Pasco's West Pasco Water Treatment Plant 3. The expansion would increase water capacity from 6 to 12 million gallons per day 4. The plant is located at 11315 West Court Street S. The site is zoned RS-12 6. The site is adjacent the 1-182 freeway. 7. The site consists of two parcels totaling Approximately 16.51 Acres. 8. The site is developed with a 75' by 160' treatment building and a 1.5-million-gallon reservoir 9. The current facility was completed in 2013 10. The site was annexed into the City and assigned RS-12 zoning in 2001 (Ordinance 3462). 11. The City's population has increased since 2001 from 27,370 to 79,580 in 2020. 12. The City approved the construction of the current facility in 2008 (SP 08-009) 13. The current facility was approved with the following conditions: a. The special permit shall be personal to the applicant(City of Pasco). b. The site shall be developed in substantial conformity with the site plan and building elevations submitted with the special permit application. c. The access roadway from Court Street to the Plant must be hard surfaced. d. The area of the site between the block wall and Court Street shall be irrigated and planted in lawn. e. Six large growing deciduous trees (Oak, Maple, Walnut, Linden etc.) shall be planted in the lawn area to create a visual buffer to the plant and reservoir. f. On-site drainage facilities shall be provided to prevent storm water runoff and irrigation runoff from entering Court Street and sheeting across Court Street onto the adjacent residential properties. g. The plant shall be designed to meet the 1-182 Corridor architectural standards of PMC 25.58. h. The block wall shall be an architectural block wall no taller than 6 feet i. All onsite generators shall be screened and muffled to prevent noise intrusion onto adjoining residential properties above noise levels prescribed in the PMC 9.61. j. Testing of generators shall not occur on weekends or between 5:00 pm and 8:00 am. k. The overhead power lines along Court Street shall be undergrounded with the development of the water plant. I. The special permit shall be null and void if a building permit has not been obtained by December 8, 2010. 14. Utility facilities such as water reservoirs and treatment facilities require Hearing Examiner review through the special permit process prior to being located anywhere within the city. 15. The City is responsible for planning and providing municipal utilities within the boundaries of the Pasco Urban Growth Area. 16. The City is required by the Growth Management Act to plan for population increases as estimated by the State Office of Financial Management. 17. The City's water system service area includes City and unincorporated areas within the UGB. 18. The City's water system currently serves around 82 percent of the Franklin County population. 19. The projected population for the 2036 City Water Service Area is 112,200. TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of the proposed plat the Hearing Examiner must develop findings of fact from which to draw its conclusion (PMC 25.200.080 and 25.200.100)therefrom as to whether or not: 1. Will the proposed use be in accordance with the goals, policies, objectives, and text of the Comprehensive Plan? 4 The proposed use supports plan policies or goals as follows: (a.) Comprehensive Plan goal CF-1 encouraging the provision of utility services within the UGA to assure anticipated growth is accommodated over the next 20 years. (b.) GMA mandates related to utilities and public services as adopted in the City's Comprehensive Plan stating that public facilities and services necessary to support development shall be adequate to serve development without decreasing current levels below locally established standards. (c.) The Comprehensive Plan also encourages (CF-7) the maintenance of an effective and cost-efficient level of fire service. An effective fire protection system is highly dependent upon a reliable water system. issues. 2. Will the proposed use adversely affect public infrastructure? The proposed water plant and storage reservoir expansion will have a positive effect on the City's water system in that it is an improvement to public infrastructure. The reliability and safety of the City water system and fire protection system will be maintained, and the City will be able to provide for increased water service needs to support projected population growth. 3. Will the proposed use be constructed, maintained, and operated to be in harmony with existing or intended character of the general vicinity? Utility equipment,substations, booster stations, lift stations and major reservoirs are all found within or near residential areas of Pasco. Other water related utility facilities within the community(Butterfield Water Plant, the 10,000,000-gallon reservoir in Desert Plateau, the Road 68 water towers& the Broadmoor reservoir)are all located in or adjacent residential zoning districts. The proposed water plant expansion will be constructed north of the existing facility; there is currently an expansive lawn area fronting on court Street. The current plant is screened with a block wall and the building is finished in earth tone colors to blend with the surrounding residential structures. 4. Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? The R-S-12 zoning district permits houses to be built to a height of 35 feet. The current facility is approximately 35 feet in height. The operation of other water related facilities within residential districts has not discouraged development on nearby properties. Broadmoor Estates was constructed after the Broadmoor reservoir was constructed and the Desert Plateau River Heights neighborhood was developed after the construction of the 10,000,000-gal reservoir. The development of Wilson Meadows on Road 108 was not diminished or limited by the fact that the Road 108 public works yard and irrigation pumping station is nearby. 5. Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? The water plant is enclosed in a building that provides sound proofing and visual protection to the neighborhood. The plant will generate significantly less traffic than other permitted uses within the district. 6. Will the proposed use endanger the public health or safety if located and developed where proposed, or in any way will become a nuisance to uses permitted in the district? The water plant continues to improve the general welfare of the community by increasing the capacity of both the water system and the fire protection system of the City. The plant's enclosure within a building surrounded by a block wall and the landscaping are all design features utilized to ensure the proposed water plant expansion will not become a nuisance to surrounding uses. 5 PROPOSED APPROVAL CONDITIONS Proposed Conditions: 1. The special permit shall apply to Franklin County Tax Parcels 118180180 and 118180181. 2. The site shall be developed in substantial conformity with the site plan and building elevations submitted with the special permit application. 3. An architectural block wall matching the existing wall shall be built around the expanded facility. 4. Six additional large-growing deciduous trees(Oak, Maple,Walnut, Linden etc.)shall be planted in the lawn area between the facility and West Court Street in such a way as to create a visual buffer. 5. Lawn or groundcover shall be installed between the facility wall and Road 111. 6. Six large-growing deciduous trees (Oak, Maple, Walnut, Linden etc.) shall be planted between the facility wall and Road 111 in such a way as to create a visual buffer. 7. On-site drainage facilities shall be provided to prevent storm water runoff and irrigation runoff from entering Court Street and sheeting across Court Street onto the adjacent residential properties. 8. The plant expansion shall be designed to meet the 1-182 Corridor architectural standards of PMC 25.58. 9. All onsite generators shall be screened and muffled to prevent noise intrusion onto adjoining residential properties above noise levels prescribed in the PMC 9.61. 10. Testing of generators shall not occur on weekends or between 5:00 pm and 8:00 am. 11. The special permit shall be null and void if a building permit has not been obtained within two years of Special Permit approval RECOMMENDATION Staff recommends approval of the West Pasco Water Treatment Plant Three-phase Expansion, located at 11315 West Court Street (Franklin County Tax Parcels 118180180 and 118180181) in in an RS-12 (Suburban) Zoning District. 6 Overview Item: West Pasco Water ' . . Expansion Applicant: Pasco W+E • 1 File 2021 -009 • a OOQo ti r� rri�• f J �� W rtiYii'�iri ■sr._...0 �,,, �,R*ye� �� :I ooh i" �� ■FGL'�rMl�i / 416/aYi �� Iwo � k_1 = 1 to �► rrllMrrNrr�erNr ��. a Mold Wd won Ar f�i.M Mr ,r',, t • - �. �.• .'`� rI� M rte r �� 4 J4io LA Ij � 20 �.4 �` •,•, � •.f ,7 ail 1 ��� [�• 7 ALI 1 500 1,000 2,000 3,000 4,000 r s 'L3em6it CO pa Feetfu n � n �, Vicin Item: West Pasco Water ' . . Expansion Applicant: P. 1 1 File 2021-009 0 BOGIE ST / ;, f// iiiiiiiiiliili}iiiiiiiii°p011jiiiii°iiiiiiiiiiiiiiiiiiii �' ,,,; •' Ar Rho A I / zqALL 110 210 420 630 840 , 5 � �3�hii�1 l���,u' � ,y pa�s�o �N�ia �Po VV✓VOCP003oO�i`i� Feet Land Use Item: West Pasco Water Treatment Plat Expansion N Applicant: City of Pasco W E Map File #: SP 2021-009 S n SFDU XXGover tal other Lti „ 7 �yacant Agriculture SFDU other � �O o Governmental 19NE ST ublic Q s bly SFDUs c t icu SITE Q Vacant S O� QQ acan OAK LN NV Hi way Sy9 SFDL.s� o El o o S O � S 0 F U� Vacant O 11 CI � her �/'” o lF�` L�J 1p� *491. o ROAD o .t Vacant q Q SF D 0 Qy 110 210 420 630 84 O O SOP �SF COS Us iiiiiiiii Feet U hies ° 00 Q 1 . 1 - � 1 11 • i�:�:�:�:�:�:�:':�:�:�:�:�:�:�:�i'�. ��i • � 'SII i�:':�:�:�:�:�:':�:��•�'�'�'�'�'�'�'��� � �� �III ��i�i�i�i�i'��i�i�i�i�i� ��i�i�i♦�. pip I 16046MOZZOR OF 04 ile OWN I r WW AUZZ40,905 W-24 AW MEN......!"OUNNN- '�!j NO ■■..�■■.i■..■..i.■■.. ♦:�♦M♦♦♦W♦W♦•� �1�♦♦�♦�♦♦•. /II ��► ,'t jGarr r��� L���/ •-`: MEMOMMEMMOU ■■..-.■■■..mss.■.... �/,�,� � � �� ♦/ 0 OMEN UMMMMFVA /f�i �I, / ;�/• �% iii �r •, .,moi / CompPlan Item: West Pasco Water Treatment Plat Expansion N Applicant: City of Pasco W E Map File #: SP 2021-009 S Medium High Density � Residential L� IQNE=ST SITE aen c EIC OAK LN stiq ❑ � � °y C C� ��' o > ow nsi p O n ' l o" log �I. O ROAD o 0 110 210 420 630 84 Q' EJ o �o �� �lF oO � Feet Q Item: West Pasco Water Treatment Plat Expansion N "Exhibit A" Applicant: City of Pasco W E File #: SP 2021-009 S Lti �o IQNE_ST Q SITE Q titi EIC T � � O ❑ OAK LN El 00 o � 0 � o � ROAD 1� o Rr NY Feet 110 210 420 630 84 `� O � Q° ❑ o o �� OO � Feet Q 16008 WPWTP Expansion - Boundary Line Adjustment Pasco Proposed Boundary Line Adjustment Existing Boundary Line _ r i 749 lee Of 7A Z r _ N& 7 sr Dista rete: r �' { x 3 I 5 6 a•1 0 a�a B GRAyq N BAAS.S6 0 30 m W ALcE.s kayo E,o1W9e 6 � Sea.L,Fee[ OPERATOR tklix.91 PARKIMG Ni0aA1Ai E 1032a2G I.IN FRONT OF THE MAH OOORS ANT?V"'AmY�T - - - 000RB NO PFD WILL EE PROVIDED E=P7 FOR SLONE BATE WITH4,11 =-. THE MA+a WOR OiI THE NokT1lYVF3T WALL KEY PAD ACCE9'.L TYP OFx N FRS9.5"t6 J+ ' • �"i SLJOPlE Rs s�ta MA NO At AND AT 7914,E ,W9656 / 3y,� a81... �2 '-g7 _ .•..1A_ ; � Z RELnCATE MAIL BOXES ALONG G0IJR18TR6EF 9PI s } •••• 4� YRIn.T LENCOETECIH/[ MM.i iAH-0 -•• ��..��-�-....�_ ®_" � 1 4 1�-•.•l �: 9B2 CLERRwJ:tl1 ''Iql" _ MAl1N5LE . V rr>?sERvaxi y W l.CWf7F..Ac-4Ok WILL BEkESPLW5NIF FOR HE1PGAiICM % :�F+19i :ea-:--3! •: •:.' VV [ 4 - _ __ €F OF BOTH LANE.CRO.ss1R6AND lyAWiN6LIGHTS •. 7 .7Q..-:.-.. �:: iL pRgPOST, II WR 1 �I GIFAR9Po8T3.lt e u cANO tlMCaEY41f01LHEM T 7� yt `c•ri 5"93..'.•, .-.3Wi5""':,: 5WI1CN •' r x��1 rmwy ff'���1' GgPR I 9 1 .�-• TBAG� _ -' _ M 9G7iia � :a .5 E,0516•a9 FLOWMEfflRVAfiIT '_..__ _ .=F x 1%11` :_ ;~.' •, H2Oa6a.ar .INKyap LaP ii _ -:p'- R'�1�,`.�1•�1 �F �u' ��g -- aiaaT.m 'v- - 2xr.; ' {� s site pi an y -- _ - ,-,y_-_ -- z$ losuAm }� �P C - EPAIEI@f CC - pI i - � 9 R - LINE i - WE �l •s-': - - _ wrlEs.Tsa�ts� 1-'.•;:.: - - 1. _ bo6i E•I RFaOOATE C •8dY" 5 - 8EE - 3 owaH wPe 9809. _ N 81T "g - 7 19W1.a0 - F 1049.BH en LU - - Q f. —� .R. --�nw--�-•r iw�-KJ .Ak.�' n 5 . lam/+-��`Y3.7•' P_'V— _ a4 -�`-� .�— _QOOAi?TR - i�.r..-. V!-� —,L`'o- = .Z�� si----- G --T- ---I.rr.—s9- rer.—xVtRELMA,7E 4' 'a o T aealLuaGE°� �.C L0F CI' 9FE H61E2 �� W, �� YHiP1'N[E W � WR4nce�w �r 0�1• II7 L DATE I,NRa4x009 SITE PLAN PROs SHEET ]0 Fi�EluYE• >=9.FkrNF wmMYF: C�nm� wMiRs• �niT'i PROPOSED CMU WALL CORNER N 342718.10 E 1960097.96 RH2 I PROPOSED CMU WALL CORNER N 342971.61 E 1959728.53 I I �ti R. cRo of WAS&0 0 I FUTURE DRYING BED FOOTPRINT j EL A (NOT INCLUDED THIS PHASE) j 22808 I UISTVVL osIONAL 1 r ; I PROPOSED PVC CHEMICAL PROPOSED PIPE STUBS FOR FEED CASING PIPE FUTURE CLARIFIER CONNECTION ; of WAS&t� T � o PROPOSED CLARIFIER EFFLUENT PIPE FUTURE CLARIFIER FOOTPRINT j L / PROPOSED (NOT INCLUDED THIS PHASE) EAI 54888 CLARIFIER ° GISTER�9 x/ PROPOSED SETTLED SOLIDS / \ PROPOSED GRAVEL � I / ACCESS PATH DISCHARGE PIPE \ SWALE FOR OVERFLOW / PROPOSED CLEARWELL 1 WITH FLOOD SWITCH AND PUMP STATION PROPOSED / PROPOSED FLOCCULATION CMU WALL BASIN EFFLUENT PIPE Z / \ ROOF OVERHANG OF / I W / PROPOSED YARD HYDRANT, TYP. OF 3 PROPOSED PUMP STATION % Q W Z Z vcco a PROPOSED PIPE STUB FOR I J PROPOSED RECYCLED FUTURE CLARIFIER CONNECTION T Cc Z a / SUPERNATANT PIPE j Q W <PROPOSED 20'WIDE HMA ; � H a W ACCESS ROADPROPOSED PIPE LL Q X / STUB FOR FUTURE OW cn UNSURFACED AREAS REPAIR DRYING BED O 1�— / PER CITY OF PASCO PROPOSED SETTLED Z 0 % STANDARD DETAIL ST-3, TYP. cn SOLIDS PIPE _ (n J W ❑ PROPOSED PROCESS FUTURE SETTLING BASIN V a a }/TRENCH SURFACE REPAIR RESIDUALS PIPE FOOTPRINT PROPOSED CMU WALL CORNER Q / PER CITY OF PASCO 400 PROPOSED (NOT INCLUDED THIS PHASE) N 342547.90 I c a STANDARD DETAIL ST-3, TYP. o EQUALIZATION BASIN E 1959981.15 i W O PROPO ED FLOCCULATION BASIN 17 14LPROPOSED/ PROPOSED j ��I MANHOLE red CLEANOUT, TYP. OF 4 / - RIM:399.5 LLL- SDMH CONNECTION TO . IE(SE):394.6 / EXISTING 16" RFD PIPE T EXISTING RETENTION BASIN, i IE(SW):394.5 TYP. OF 2 �. x • .- w • 18" RFD • • • • 18" RFD 18" RFD • • • • 18" RFD • • • • 18" FD • • • • 18 • • • • 18" RFD • • • • 18" RFD • • • • 1 %—• • • w 12" PVC S;- 12" PVC SS 12" PVC 2" PVC SS 12" PVC SS 12" PVC SS= F, I L 12" PVC SS SSMH J� RIM:399.4 // IE(SE):388.9 / ' a ; PROPOSED OVERFLOW PIPE, TO SSMH ® SSMH I C IE(SW):388.8 4 a RIM:399.6 t o m j CONNECT TO EXISTING 12 SS RIM:399.7 N CONNECTION TO EXISTING IE(N):389.4 IE(NW):389.5 i o a 30" RAW WATER PIPE PROPOSED IE(SE):389.4 o / DOGHOUSE MANHOLE IE(W):396.3 N U) IE(NW):389.3 < c� / - 30" DI W 30" DINW n I o ❑ F❑ DI / z�. W EXISTING CLEAR WELL/RESER VOIR o F ±8,318 SQ.FT. j CL Z ❑ % p 18" DI W 18" DI W 18" DI W . 18" DI W 18' W . ib" U CL CLC-) cn U N / Q � T z z SSMH I W P.*. . • P • • P • • • P EXISTING WATER TREATMENT PLANT BUILDING RIM:39 . cr P° j •P • �o ±14,137 SQ.FT. BTM:395 5.0 � IE(NE):396.0 I Na GENERATOR : . - 0 0 i / o ®co m co / FW PROPOSED rE ® . TELM • TELM WATER LINE — — — — - W __W' - o I o a ¢ EWA. TF � TELM TEL • TELM ,� p . p F ❑F .L1 Ll W . . . . W . . . . W . . . . . . . W . . W . W . a 0 ._ LFJ p . . . . p GERM • •'PTELM '.P. 30" DI W 30" DI W 30" DI W 30" 6-1vv— I U u U TEL ..� n TELM • F ■ c o. / 3 / �~ ' 6"T�I'9V••'• •'•T&' • 6" DI W pI p� I TELM • • • • TELM ° TELM • TELM • • TELM • TELM • F • TELM • TELM • • TELM • 400 ALM TELnn . • TELM • • TELM F I II I W o / 3 TEL l': DI WTELRA • • 6"•6fEl6fv1•• Lu CONNECTION TO EXISTING W 6" POTABLE WATER PIPE SCALE: SHOWN PROPOSED SITE PLAN 011 ill 2 1" = 20' DRAWING IS FULL SCALE WHEN BAR MEASURES 2" DWG NO.: SHEET NO.: C04 8 91 L roadM337 a k Bro`adm&� or" Zone 3 R Rd 68_Tank 7 Rd 3( West VV-T. Riverview Hights-TankRiverview Hights PS P- Zone 2-A Zone'2:�' 2 Zone 2,B T11 LIQ p -T F Zone 1 East Side PS---, tterfi'eld TP COLUMBIA R. Zone one 2 2 PRV Pipe Pressure Zone M Pump Station Diameter Zone 1 Storage Tank 6 inch and smaller Zone 1-A Water Treatment Plant — 8 inch Zone 2 Urban Growth Area — 10 and 12 inch Zone 2-A Parcel Larger than 12 inch Zone 2-13 ............. River Zone 2-C Zone 3 2,000 4,000 Feet Comprehensive Water System Plan Update Figure ES-1 City of Pasco Existing System and murraysmith Pressure Zones R e I ' 1 Eyq�I�ly s. /j 0 COLUMBIA R. Legend Existing Service Area Planning Service Area* �. O Urban Growth Boundary *The Planning Service Area aligns with the w City Limit City's Service Area and intended place of Parcel use of water rights. 5� River 0 2,000 4,000 Feet Comprehensive Water System Plan UpdateFigure ES-2 City of Pasco wE Planning Areas 11'I'l161"Jiiil„��I`51111�1 �® s FP-013 ........... d7 x T-001 FP-019 • FP 29 .. ...... BroadmooLr..Ta .................. ........................... ... .. 9 d 68 Jan - Rd 36 PS S-Bq:Ph 2 We Pasco WTP AP 04 k Riverview Hights PS � 'A6' A.0 -001:Tse 1 S--- iverview .......... . 60363 QP 1P 11" M pD. 016 ........... .......... .... ................4r..... 9 51 East Side P P-003 ............... FP. P;010 terfie'1dV\V"nTP AP-03," AP-05 Legend Supply Improvement M Pump Station Pipe Diameter Pressure Zone x5 Legend 6 Storage Tank Supply Improvement Storage Improvement —10 inch Zone 1 S? M M1 Water Treatment Plant 12-16 inch Zone 1-A 4 Pump Station Improvement Parcel >16 inch Zone 2 Pr p s Proposed Piping CIP(IP) River . .. .. . .. Zone 2-A ... Previously Defined Piping CIP(DP) ............ Zone 2-B Future Service Piping Projects(FP) Zone 2-C Zone 3 Projects AP-08 and S-004 are not shown on this Figure. 0 3.000 Feet Comprehensive Water System Plan Update Figure ES-3 5 VJIZZ�Ilil City of Pasco Capital Improvement murraysmith Program North Looking - - * 4 rT - yr.: -'••�..�S`�� �ii�'n+lr'j. i,:.. ~, >`;z F"'Y_~"•-:t' _ - .F. -- - - - - .�.Tr.� � �a•.�i�+ r r'.w•q�"'•- - .�: f'r?r�.,�.Ry.. �. `;�fi-` •w'rvC�� �• ��:+. � a1" � *:-'�t*�.` - - � ~ - - - `:•�`�ii - f,�:— .L�'Y,7.r��.._ ::..ivr�.�,... 3i77"l� rt _.. .w.'�C�^dR^'•+'tt...�z.� ..- � r - �'`t` -. ...J`!' �r.J.is• ^.F[ MCP, •LIi• •4 Z A y �ti r•F=• - -�f�- �•":i:..rte':.:..-:,;may' Y �.APf- ,�,�•r' 1...� iFv, :.Com• �•'k� ', `' .i:,kY .,.. .�..,'• F*1. ��' - � ;i�il.•j_;'�_ '�'_•��r"..wrs.._ °�� .,L-yc!r? 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T h. igw_"_ GOf Community&Economic Development Department Fee:$625 PO Box 29 ,525 N 3 rd Ave, Pasco, ' vs�co P:509.545.33441/F:509 545.3499WA 99301 CITY OF PASCO SPECIAL PERMIT APPLICATION Master File # Date Submitted: Applicant Info Owner Info (if different than applicant) Name: Name: City of Pasco Neal A. Schertz, PE Address: Address: 525 N 3rd Ave, Pasco, WA 99301 525 N 3rd Ave, Pasco, WA 99301 Phone: Phone: 509-545-3444 509-545-3444 Email: Email: engineering@pasco-wa.gov schertzn@pasco-wa.gov Project Address: 11315 W Court St, Pasco, WA 99301 Project Parcel Number: 118180181 / 118180180 Current Zoning: R-S-12 Source of domestic water: West Pasco Water Treatment Plant Method of sewage disposal: Sanitary sewer Present use of the land and structure(s) if any: APN #118180181: Utilities; present use of the land is domestic water production for the City's water Pasco Water Treatment Plant (WPWTP). APN #118180180: VACANT Updated April 2019 Please describe any existing violations of the zoning ordinance upon the property: None. Give a detailed description of the proposed use that requires a special permit (attach separate sheet if more space is necessary): See attached memorandum. 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 Special Permit - $500.00 Environmental Checklist - $ 75.00 Radius Notification - 50.00 $625.00 0 SEPA Checklist 0 Site map 0 Fee of$625 Cjtyof Community& Economic Development Department Fee-. $625 e, Pasco, Pasco P:U509545. 441 Box 293,525"F:5 9.545 3499wA 99301 -17 zez"!���_-_ Signature of Applicant *Notarized Signature of Property Owner State of Washington ) SS. County of Franklin ) On this a'Z day of_ r-t.!g before me the undersigned, a Notary Public in and for the State of Wasl ington, duly commissioned an sworn, personally appeared ,IN1&_Kr,n being duly sworn on his/�r oath that he/49 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/W free and voluntary act and deed for the purposes therein mentioned. SUBSCRIBED AND SWORN to before me thisaP07 qday of L40_c.f cao—f _� 11 9 � S 24118 �= Notary Public in and for the Sta j_eo Washington o -A�,,�f'+S OgL\0 ^o Residing at_LJ 024 aIL4,1 �� +�,,,,,,,�...• C,�__= My Commission expires �5 Updated April 2019 Memo i asCO To: City of Pasco, Special Permit Application From: Neal A. Schertz, PE, Project Manager Date: May 17, 2021 Re: Special Permit Application: West Pasco Water Treatment Plant (WPWTP) Expansion Project#16008 This memo accompanies the Special Permit application for the West Pasco Water Treatment Plant (WPWTP) Expansion project. As outlined in the 2008 Special Permit (SP) 08-009 (attached), construction of the WPWTP will be completed in various phases and commence the special use authorized for the facility's location on a parcel within R-S-12 zoning. The initial phase of construction for WPWTP was completed in 2010 and the facility currently has a total capacity of 6 million gallons per day (MGD). Through the next several phases of design and construction, the total capacity of WPWTP will be expanded incrementally to 12 MGD, and then to 18 MGD. SP 08-009 was authorized based on the following planned improvements: • Additional equipment inside the structure with each capacity expansion. • Expansion and modification of the Raw Rater Intake Structure at the Columbia River. • Additional pipeline construction from the Raw Water Intake to WPWTP. • Finish water pipelines from WPWTP to the City's Zone 3 water distribution system. In addition to the improvements previously authorized under SP 08-009, future phases of WPWTP improvements will include a new residual handling system, consisting of: (2)clarifiers, piping, ancillary mechanical and electrical equipment, drying beds, sedimentation basin, structures, and all other work necessary to provide a fully functional system. The aforementioned residual handling system proposed for construction will require additional square- footage from the adjacent APN #118180180 (Site A), and WPWTP is currently located on APN #118180181 (Site B). To accommodate the project's need for additional space, a Boundary Line Adjustment (BLA)will be completed in accordance with PMC 21.50. The BLA will add approximately 2.25 acres to Site B from Site A. See attached conceptual plan. In accordance with the Council Goals and the City's Comprehensive Water System Plan,the proposed WPWTP improvements will provide infrastructure needed for safe drinking water supply to Pasco residents, and will be constructed, maintained and operated consistent with the existing and intended special use authorized under SP 08-009. NAS/nas Attachments Page 1 of 1 , . ' COMMUNITY DEVELOPMENT DEPARTMENT (509)545-3441 / Fax(509)545-3499 P.O.Box 293,525 North Third Avenue,Pasco,Washington 99301 December 3, 2008 Bob Alberts, Director, City of Pasco Public Works 525 N 3rd Ave PO Box 293 Pasco WA 99301 RE: WATER TREATMENT PLANT, (MF# SP 08-009) Dear Mr. Alberts, At their regular meeting on December 1, 2008 the Pasco City Council approved a Special Permit for a Water Treatment Plant to be located at the 11300 Block of West Court St. Conditions of the Special Permit approval are as follows: 1) The special permit shall be personal to the applicant. 2) The site shall be developed in substantial conformity with the site plan and building elevations submitted with the special permit application. 3) The access roadway from Court Street to the Plant must be hard surfaced. 4) The area of the site between the block wall and Court Street shall be irrigated and planted in lawn. 5) Six large growing deciduous trees (Oak, Maple, Walnut, Linden etc) shall be planted in the lawn area to create a visual buffer to the plant and reservoir. 6) On-site drainage facilities shall be provided to prevent storm water runoff and irrigation runoff from entering Court Street and sheeting across Court Street onto the adjacent residential properties. 7) The plant shall be designed to meet the I-182 Corridor architectural standards of PMC 25.58. 8) The block wall shall be an architectural block wall no taller than 6 feet 9) All onsite generators shall be screened and muffled to prevent noise intrusion onto adjoining residential properties above noise levels prescribed in the PMC 9.61. 10) Testing of generators shall not occur on weekends or between 5:00 pm and 8:00 am. 11) The overhead power lines along Court Street shall be undergrounded with the development of the water plant. 12) The special permit shall be null and void if a building permit has not been obtained by December 8, 2010. This letter should be retained with your property records. No formal certificate other than this letter will be provided as notification of your special permit approval. If you have any questions on this matter please let me know. Sincerely, frey B. Adams Associate City Planner CIty01 REPORT TO HEARING EXAMINER ryrisco PUBLIC HEARING City Hall—525 North Third Avenue—Council Chambers WEDNESDAY, 11 August 2020 6:00 PM MASTER FILE#: SP 2021-011 APPLICANT: Ziad Elsahili/Fortify Holdings, LLC 17933 NW Evergreen PI Beaverton, Oregon 97006 REQUEST: SPECIAL PERMIT: Loyalty Inn Conversion to 161 Long-term Single-Room Occupancy(SRO) Housing Units BACKGROUND 1. PROPERTY DESCRIPTION: Legal: Lots 1 & 2, Short Plat 2016-26 and Lot 2, Short Plat 2010-08 Section 30, Township 9 North Range 30 East, W.M., in Pasco WA(Parcels 112230018, 112230019, 112230016). General Location: 1800, 1825 & 1905 W Lewis Street, Pasco WA 99301. Property Size: Approximately 3.36 acres (146,551.99 Square Feet). 2. ACCESS: The site has access from West Bonneville Street, West Lewis Street and North 18th Avenue. 3. UTILITIES: Water is available from West Bonneville Street and North 18th Avenue; Sewer service is located in North 18th Avenue. 4. LAND USE AND ZONING: The site is currently zoned C-3 (General Business) with a concomitant agreement, and is occupied by a motel; Surrounding properties are zoned and developed as follows: NORTH: R-, R-2, R-3 & C-1 SFDUs; Multi-Family; Daycare EAST: C-1, R-1 & 0 Restaurant; SFDUs; Daycare SOUTH: C-1 Commercial; Vacant WEST: C-1 Commercial; Vacant 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for "Mixed Residential/Commercial." a. Goal LU-2: maintain established neighborhoods and ensure new neighborhoods are safe and enjoyable places to live. b. Goal H-1: encourage housing for all economic segments of the city's population. i. Policy H-1-A: Medium- and high-density housing should be located near arterials and neighborhood or community shopping facilities and employment areas. ii. Policy H-1-13: Encourage the location of medium- and high-density housing in locations that will avoid the need for access through lower density residential neighborhoods. iii. Policy H-1-C: Support dispersal of special needs housing throughout the community. 1 iv. Policy H-1-D:Avoid large concentrations of high-density housing. c. Goal H-2: strive to maintain a variety of housing consistent with the local and regional market: i. Policy H-2-A: Allow for a full range of residential environments including single- family homes, townhouses, condominiums, apartments, and manufactured housing; Policy d. Goal H-4: ENCOURAGE HOUSING DESIGN AND CONSTRUCTION THAT ENSURES LONG TERM SUSTAINABILITY AND VALUE. i. H-4-A: Encourage innovative techniques in the design of residential neighborhoods and mixed-use areas to provide character and variety in the community; e. Goal H H-5: SUPPORT EFFORTS TO PROVIDE AFFORDABLE HOUSING TO MEET THE NEEDS OF LOW-AND MODERATE-INCOME HOUSEHOLDS IN THE COMMUNITY. i. Policy H-5-A: Residential neighborhoods and mixed-use areas should exhibit a consistent level of quality and appearance. ii. Policy H-5-C: The City shall work with public and private sector developers to ensure that lower income housing is developed on scattered sites and in such a manner that it blends in with surrounding neighborhoods. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations,and other information, a threshold determination resulting in a Determination of Non-Significance (DNS) was issued for this project on 8 July 2021, under WAC 197-11-158. ANALYSIS Proposal Ziad Elsahili, in behalf of Fortify Holdings, LLC, has submitted a Special Permit application (SP 2021-011) for the conversion of a motel into 161 long-term Single-Room Occupancy(SRO) units. Site The site of the proposed development is located at 1800, 1825&1905 W Lewis Street(Parcels 112230018, 112230019, 112230016), and is part of Short Plat 2016-26 and, Short Plat 2010-08; the site contains approximately 3.36 acres (146,551.99 Square Feet). History The site was annexed in 1961 and developed in 1966 with a motel. In 1966 Lewis Street was a main route through the community and consequently the applicant's property was well suited for a motel. Six of the original eight motels along Lewis Street have been either demolished or repurposed. In addition to the decline in room rentals at the motel property management issues have also been a concern. There have been at least 25 complaints and code enforcement cases filed against the property since 2005,the latest complaints/cases in the current year. Most of the cases are nuisance cases involving 2 unsanitary conditions, weeds trash and general property maintenance issues. There have also been building and licensing issues at the property. The property was annexed in 1961 (Ordinance 1027) and zoned C-1 (Ordinance 1028), but not developed with a motel until 1966. The site was rezoned in 2016 to C-3 with a concomitant agreement, with conditions as follows: Conditions: A. Land uses shall be limited to those permitted under the "O" Office District and the C-1 Retail Business District plus the rental of domestic trucks and trailers not exceeding 26 feet in length. B. No more than 12 rental vehicles are permitted on-site per day. C. All other C-3 uses are prohibited. The site is occupied by three two-story structures comprising 81,198 square feet of motel space, built in 1966.The site has operated under the name of Val-U Inn Motel and Loyalty Inn. A fire destroyed the pool area in 2012, during a renovation attempt by the current owner. Applicant has proposed the following: "Fortify Holdings, LLC is a prominent owner and developer of multifamily housing based in Portland Oregon. We intend to purchase the Loyalty Inn, located at 1800, 1825 and 1905 W Lewis Street in Pasco WA and convert the property from a(poorly performing&under-utilized) motel to single-room occupancy (SRO) residential, providing the City of Pasco more dwelling units within the city center. No exterior or structural modification will be made- Existing units and unit configuration will be maintained." Applicant's characterization of the facility as an "poorly performing & underutilized" is supported by various recent online hotel reviews. Pasco Municipal Code In 2019 the Pasco City Council approved Ordinance 4425 regarding the regulation of SROs;this ordinance became Pasco Municipal Code Chapter 25.162. PMC 25.162.020 defines an SRO as "a facility providing downsized dwelling units consisting of one to two rooms with occupancy per dwelling unit dictated by HUD guidelines.SRO facilities provide individuals with housing for a duration of 30 days or more. Kitchens/kitchenettes and/or bathrooms may be located in the units or be located centrally for communal use." According to PMC 25.162.030 SROs may be approved via conditional use permit in the C-1 (Retail Business), C-2 (Central Business District), and C-3 (General Business District) zones of the City. PMC 25.162.040 specifies development standards for all SROs, as follows: (1) SRO facilities shall not be subject to density standards; (2) SRO facilities shall follow the Department of Housing and Urban Development's (HUD) occupancy guidelines for single-and double-occupancy units; (3) Single-and double-occupancy units shall house no more than two adults over the age of 18; (4) At least one off-street parking space per two units is required; (5) SRO facilities shall include 24-hour on-site management. A dwelling unit shall be designated for the manager; 3 (6) Bathroom and kitchen/kitchenette facilities must be provided either within each dwelling unit or in a central location for common use with one full bathroom per every three units on a floor and one full kitchen per floor; (7) At least one handicapped accessible unit shall be required for every 20 units; (8) One washer and dryer must be provided for every 20 units; (9) Mailboxes shall be provided for each unit; (10) Each SRO facility with 100 units or more shall have a minimum of 400 square feet of common indoor and/or outdoor recreational space; (a) For SRO facilities exceeding 150 units, an additional 10 square feet of recreational space per unit is required; (b) Landscaped areas less than eight feet in width shall not be considered recreational space; (11) All common areas shall comply with all applicable ADA accessibility and adaptability requirements. In zoning districts which allow SRO housing via conditional use permit, the regulations contained herein shall be considered additional to those of the underlying zoning district. The provisions of this chapter shall prevail in the event of conflicting standards presented in the underlying zoning district regulations. SRO housing must meet all building and zoning standards as dictated by the PMC. [Ord.4425 § 1, 2019.] According to both HUD and PMC 25.162.040 each unit"shall house no more than two adults over the age of 18;" as such the 161-unit facility has the potential of housing 322 individuals full-time (Applicant claims a maximum of 199 on the SEPA checklist), as opposed to the fewer periodic transient clients, as originally designed; according to PMC 25.185.170"Required off-street parking," motels and hotels require only one space for each lodging room and one space for every two employees, while all other residential units require two spaces per unit.This potential increase in full-time occupancy may present a parking issue, as the current on-site parking for the facility contains approximately 165 spaces, or slightly over % the required parking per unit for any other housing type. The SRO ordinance requires at least one off-street parking space per two units—or '4 that required by other housing types—but it does not specify an upper limit the city may require. Thus, if parking becomes a problem the city may elect to revisit the Special Permit within a time period stated in the Special Permit conditions. As per PMC 3.45.040, "[e]ach development activity within the service area, as a condition of approval, shall be subject to the school impact fee established pursuant to this chapter. . .. The school impact fee shall be required prior to the issuance of building permits, unless deferred as provided below.The amount of the school impact fee shall be based on the fee schedule in effect at the time of the building permit application." Applicant has requested reduced school impact fees due to the anticipated nature of SRO demographics (See PMC 25.162.040(3) cited above). The standard school impact fee for multi-family units is $4,525 per unit. As per Pasco Municipal Code (PMC) 3.45.060(1) "Permitted adjustments," The current school impact fee may be adjusted by the Director of Community and Economic Development, if one of the following circumstances exists: (a) The developer demonstrates that an impact fee assessment was improperly calculated; or (b) Unusual circumstances demonstrated by the developer that adjustments to the school impact fee at the time the fee is imposed are necessary to accommodate unusual circumstances in specific cases to ensure that the impact fees are imposed fairly. 4 PMC 3.45.060(3)further states as follows: In all cases where the developer requests an adjustment or exemption from fees, the Director of Community and Economic Development shall consult with the District and the District shall advise the Director of Community and Economic Development prior to the Director making the final impact fee determination. The Director of Community and Economic Development shall consider, in addition to the advice of the District, any studies, data, calculations and reports provided by the developer as a part of its request for a fee calculation adjustment prior to making the final impact fee determination. The Director consulted with the School District on the fee schedule for a similar project located on North Oregon Avenue (SP 2021-005; Rodeway Inn), and they came to an agreement for an adjusted fee of$600 per unit fee for those units.This agreement may be considered a precedent for SRO development in the City; as such, Staff recommends and anticipates a similar agreement for this development. INITIAL STAFF FINDINGS OF FACT Findings of Fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. Additional findings may be added to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. Public notice of this hearing was posted in the Tri-City Herald,and sent to property owners within 300 feet of the property on 20 July 2021. 2. Applicant to convert a motel into 161 long-term Single-Room Occupancy(SRO) units. 3. The site is located at 1800, 1825 & 1905 W Lewis Street. 4. The site contains approximately 3.36 acres. 5. The site was annexed in 1961. 6. The site was zoned C-1 upon annexation. 7. The site was developed with a motel in 1966. 8. In 1966 Lewis Street was a main route through the community. 9. Six of the original eight motels along Lewis Street have been either demolished or repurposed. 10. There have been at least 25 complaints and code enforcement cases filed against the property since 2005. 11. The site was rezoned in 2016 to C-3 with a concomitant agreement 12. The concomitant agreement conditions included the following: a. Land uses shall be limited to those permitted under the "0" Office District and the C-1 Retail Business District plus the rental of domestic trucks and trailers not exceeding 26 feet in length. b. No more than 12 rental vehicles are permitted on-site per day. c. All other C-3 uses are prohibited. 13. The site is occupied by three two-story structures comprising 81,198 square feet of motel space. 14. A fire destroyed the pool area in 2012. 15. In 2019 the Pasco City Council approved SRO Ordinance 4425 (PMC 25.162) 16. PMC 25.162.020 defines an SRO as follows: a. "a facility providing downsized dwelling units consisting of one to two rooms with occupancy per dwelling unit dictated by HUD guidelines. SRO facilities provide individuals with housing for a duration of 30 days or more. Kitchens/kitchenettes and/or bathrooms may be located in the units or be located centrally for communal use." 17. SROs must be approved via Special Permit review. 18. SROs may be located in C-1, C-2, and C-3 zones (PMC 25.162.030) 5 19. Development standards for all SROs are as follows (PMC 25.162.040): 1) SRO facilities shall not be subject to density standards; 2) SRO facilities shall follow the Department of Housing and Urban Development's (HUD) occupancy guidelines for single-and double-occupancy units; 3) Single-and double-occupancy units shall house no more than two adults over the age of 18; 4) At least one off-street parking space per two units is required; 5) SRO facilities shall include 24-hour on-site management. A dwelling unit shall be designated for the manager; 6) Bathroom and kitchen/kitchenette facilities must be provided either within each dwelling unit or in a central location for common use with one full bathroom per every three units on a floor and one full kitchen per floor; 7) At least one handicapped accessible unit shall be required for every 20 units; 8) One washer and dryer must be provided for every 20 units; 9) Mailboxes shall be provided for each unit; 10) Each SRO facility with 100 units or more shall have a minimum of 400 square feet of common indoor and/or outdoor recreational space; a) For SRO facilities exceeding 150 units,an additional 10 square feet of recreational space per unit is required; b) Landscaped areas less than eight feet in width shall not be considered recreational space; 11) All common areas shall comply with all applicable ADA accessibility and adaptability requirements. 12) In zoning districts which allow SRO housing via conditional use permit, the regulations contained herein shall be considered additional to those of the underlying zoning district.The provisions of this chapter shall prevail in the event of conflicting standards presented in the underlying zoning district regulations. SRO housing must meet all building and zoning standards as dictated by the PMC. [Ord. 4425 § 1, 2019.] 20. According to both HUD and PMC 25.162.040 each unit"shall house no more than two adults over the age of 18;" 21. The 161-unit facility has the potential of housing 322 individuals full-time 22. Applicant claims a maximum of 199 on the SEPA checklist, 23. According to PMC 25.185.170"Required off-street parking," motels and hotels require only one space for each lodging room and one space for every two employees, 24. all other residential units require two spaces per unit. 25. The current on-site parking for the facility contains approximately 165 spaces, 26. The SRO ordinance requires at least one off-street parking space per two units—Y4 that required by other housing types 27. If parking becomes a problem the city may elect to revisit the Special Permit within a time period stated in the Special Permit conditions. 28. As per PMC 3.45.040, "[e]ach development activity within the service area,as a condition of approval, shall be subject to the school impact fee established pursuant to this chapter. . .. The school impact fee shall be required prior to the issuance of building permits, unless deferred as provided below.The amount of the school impact fee shall be based on the fee schedule in effect at the time of the building permit application." 29. The standard school impact fee for multi-family units is$4,525 per unit. 30. Applicant has requested reduced school impact fees due to the anticipated nature of SRO demographics(See PMC 25.162.040(3)cited above),and in alignment with a fee reduction agreement 6 between the City and applicant entered into for a similar project located on North Oregon Avenue(SP 2021-005; Rodeway Inn). 31. As per Pasco Municipal Code(PMC) 3.45.060(1)the current school impact fee may be adjusted by the Director of Community and Economic Development, if one of the following circumstances exists: a. The developer demonstrates that an impact fee assessment was improperly calculated; or b. Unusual circumstances demonstrated by the developer that adjustments to the school impact fee at the time the fee is imposed are necessary to accommodate unusual circumstances in specific cases to ensure that the impact fees are imposed fairly. 32. PMC 3.45.060(3) further states "In all cases where the developer requests an adjustment or exemption from fees, the Director of Community and Economic Development shall consult with the District and the District shall advise the Director of Community and Economic Development prior to the Director making the final impact fee determination. The Director of Community and Economic Development shall consider, in addition to the advice of the District, any studies, data, calculations and reports provided by the developer as a part of its request for a fee calculation adjustment prior to making the final impact fee determination. 33. The Director consulted with the School District on the fee schedule for a similar project located on North Oregon Avenue (SP 2021-005; Rodeway Inn), 34. The Director and School District came to an agreement for an adjusted fee of $600 per unit fee for the Rodeway Inn SRO conversion located on North Oregon Avenue. CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of the proposed plat the Hearing Examiner must develop findings of fact from which to draw its conclusion (PMC 26.24.070)therefrom as to whether or not: 1. Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? a. Goal LU-2 suggests Pasco seek to "maintain established neighborhoods and ensure new neighborhoods are safe and enjoyable places to live;" The proposal is located in a mixed residential/commercial neighborhood. b. Goal H-1 requires to seek to encourage housing for all economic segments of the city's population; SROs would target a low-income demographic which might otherwise be on the streets. i. Policy H-1-A notes that "medium- and high-density housing should be located near arterials and neighborhood or community shopping facilities and employment areas." The site is adjacent two arterial streets: West Lewis Street, and 20th Avenue. ii. Policy H-1-13 directs the City to "encourage the location of medium- and high- density housing in locations that will avoid the need for access through lower density residential neighborhoods."The site is adjacent two arterial streets:West Lewis Street, and 201h Avenue. iii. Policy H-1-C suggests the City "support dispersal of special needs housing throughout the community." Building permits are being secured for the Catholic Family Charities Pasco Haven—a four-story supportive housing complex— southeast of the site across West Lewis Street. 7 iv. Policy H-1-D advises the City to "avoid large concentrations of high-density housing. Building permits are being secured for the Catholic Family Charities Pasco Haven—a four-story supportive housing complex—southeast of the site across West Lewis Street. c. Goal H-2 encourages the City to "strive to maintain a variety of housing consistent with the local and regional market." Large-scale hotel/SRO conversions are a fairly new variety of housing in the city of Pasco. i. Policy H-2-A requests the City "allow for a full range of residential environments including single-family homes, townhouses, condominiums, apartments, and manufactured housing." SRO's are located along the spectrum range of residential environments listed above. d. Goal H-4 instructs the City to "encourage housing design and construction that ensures long term sustainability and value." Extending the life of an otherwise defunct hotel probably qualifies as ensuring long-term sustainability and value. i. Policy H-4-A directs the City to"encourage innovative techniques in the design of residential neighborhoods and mixed-use areas to provide character and variety in the community." SRO conversions are locally innovative and provide a unique character to the area. e. Goal H H-5 advises the City to "support efforts to provide affordable housing to meet the needs of low- and moderate-income households in the community." The present application would help provide affordable housing for small, 1-to 2-person households. i. Policy H-5-A specifies that "residential neighborhoods and mixed-use areas should exhibit a consistent level of quality and appearance." Except for long-term parking of client vehicles, the external appearance of this development should not change substantially. ii. Policy H-5-C declares that "the city shall work with public and private sector developers to ensure that lower income housing is developed on scattered sites and in such a manner that it blends in with surrounding neighborhoods." Except for long-term parking of client vehicles, the external appearance of this development should not change substantially. 2. Will the proposed use adversely affect public infrastructure? a. Conversion from transient housing to long-term housing will require the addition of kitchen and potentially laundry facilities in each unit, increasing power demand from the original design. Traffic generation may be lower than transient uses, given the target demographic, but would be more consistent than an off-and-on seasonal transient use such as a hotel/motel. 3. Will the proposed use be constructed, maintained, and operated to be in harmony with the existing or intended character of the general vicinity? a. The general vicinity is transient accommodations among a mix of residential and commercial uses; use would be more consistent than an off-and-on seasonal transient use such as a hotel/motel. 8 4. Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? a. Applicant is proposing to renovate interiors only; there would be no increase in height. 5. Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise,fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? a. No uses are proposed for the project(either in the building or at outside areas)that would be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic or flashing lights than would be the operation of any permitted use within the land use designation. People and vehicles visiting the proposed site are anticipated to be similar to or less intense than other uses that would be permitted for this property. The proposed operations for the project are to be conducted primarily within the building with some outdoor open spaces. 6. Will the proposed use endanger the public health or safety if located and developed where proposed, or in any way will become a nuisance to uses permitted in the district? a. No uses are proposed for the project (either in the building or at outside areas)that would endanger the public health or safety more than would be the operation of any permitted use within the land use designation. The proposed use is anticipated to be less intense than other uses that would be permitted for this property. APPROVAL CONDITIONS 1. The Special Permit shall apply to tax Parcels 112230018, 112230019, 112230016 and any subsequent subdivisions thereof; 2. No outdoor storage of equipment or materials shall be allowed; 3. An architectural block wall with a minimum height of 6 feet, shall be installed along the West Lewis Street property line and 10 feet behind the North 181h Avenue frontage property line. 4. The Special Permit shall be null and void if all necessary building permits have not been obtained within two years of Special Permit approval; 5. The Special Permit shall be null and void if site is not constructed, maintained, and operated in conformance with the above conditions. RECOMMENDATION Staff recommends approval of a Special Permit for the conversion of 161 transient motel rooms into Long- term Single-Room Occupancy (SRO) Housing Units to be located at 1800, 1825 & 1905 W Lewis Street, Pasco WA 99301 (Parcels 112230018, 112230019, 112230016) with conditions as set forth herein. 9 Overview item: Loyalty Inn SRO Conversion N Holdings, 1 1 File ' 202 1-011 S N IIA 1:A i..0 F:I li1044rr ♦ .�rii -� r- ��� � �.; r=nw_�•.s � � '♦ u _ .• I�.a0�9111� i11�i�yir L�iii11 .'-� ".� �'111:E� 11111 tii • �' �� _ t '��� INh1111� etltirlkEl Itl•W; a� ��� Ji*liill! 9179? I�FA ae • �� liliiii,ril :11111M i il4.ill; Ex �-� I !" >)� Illlllll 1111!1! X'11111! �: = �, 1 ;� ,_ -a = 7t1111l►lM lIMIIIi91 +�'�119t^� FT X111111 i:i1Ci1 WHIN y . 9A9ilai�l �f,C�ilill iL'lirllil ISIS ° . r A01111 MAP _r ' .ate it �tllliw�� � ±i1t.11I 1_sll11 ANCAMil NMI 1, • ur4 11:iE ri hI_ai. • � - � `- 1 Iiu11�Q!'. :iii � . 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All 01 �;+ -• �t� rl' �r ■1,� ®_ !�lr•i 'ate 1 - ri ZL� x_11 �'� k ' AW Benton County WA,Pasco GIs,Msxar ~ vicinItem: Loyalty Inn SRO Conversion N y Applicant: Ziad Elsahili/Fortify Holdings, LLC w E Map File #: SP 2021-011 S Ik Ir jmw r wBONNEVILLE .,.w S1 I E _ •mss r 1, ,� I T O FRONTAGE - - - _ T • CLARK w _ r - 70 140 280 420 560 Tentoounty WA, Pasco IS, Maxair, Microsoft Feet ■E�� ZoninItem: Loyalty Inn SRO Conversion N g Applicant: Ziad Elsahili/Fortify Holdings, LLC W E Map File #: SP 2021-011 S C-3 W HOPKINS ST � g ❑ ❑ 0 q 0 > [] ❑ ❑ ❑ ❑ a ❑ E� �D 11 CD C-1 Q ❑ E] ❑ ❑l ° z � a❑ ❑ ❑ � z }�°J D�-3 d ❑ ❑ El � ❑ C3 W BONNEVILLE ST w C-1 \ S ITED ❑ � q z o ❑ oa FRONTAGE RD W CLARK ST LU Q 0 C-1 I-1 � EwIS S7- C-3 00 70 140 280 420 560 Ln C-3 Feet Com Plan Item: Loyalty Inn SRO Conversion N Comp Applicant: Ziad Elsahili/Fortify Holdings, LLC W E Map File #: SP 2021-011 S W HOPKINS ST � g ❑ ❑ ❑ D ❑ q > D ❑ ❑ ❑ � ❑ ❑ ❑ ❑ a ❑ � ❑ ❑ C LU Q ❑ Do o Nz z � L] ❑ ❑ � ❑ ❑ Lows i D ED F-1 ❑ Resi enti EA ❑ O W BONNEUI66 ST w SITE DD [:F f z ❑ ❑❑ o Lj � � ❑ D FRONTAGE RD W CLARK ST LU Q � o 0 0 N Commercial LU _ tEwIS ST 00 70 140 280 420 56 cn Feet Lj Item: Loyalty Inn SRO Conversion N "Exhibit Exhibit A,, Applicant: Ziad Elsahili/Fortify Holdings, LLC W E File #: SP 2021-011 S W HOPKINS ST Lu LU Q a C1 ❑ �� z a❑ ❑ ❑ z d ❑ ❑ Q W BONNEVILLE ST w SITE a z LEI ❑ao oa ❑ FRONTAGE RD W CLARK ST LU Q ❑ ❑ 0 ❑ 0 N Ln _ �Ewls ST 00 70 140 280 420 560 cn Feet F-1 • • • _ - � �6LNC •f _ Noftheas* City of co J+IAU L AU14 Gentle Ride Van �..,� — �; Aft ' r� r Y.Y•.•. �r loyalty II •� � Southeast - s Nt c dot YN Zm Nor= South . Southwest - City of co P � 4 r y.w i:= 3 y 9 - .,zG. .:" c ty0f I . co 11 AL av err Northwest77 F - _ L'. � i� Affidavit of Mailing In regards to SP2021-011 I, Tami L. Collins, hereby confirm that notification was sent by mail on July 20, 2021,to the owners of the parcels within 300 feet of the proposed site. The attached Notification List and Notice of Public Hearing are to be used as a reference as to what was sent and to whom received the notification. Given under my hand and official signature this 21 day,July of 2021. R resentative's Signature xCity ' Community Development Department �co PO Box 293,525 N 311 Ave, Pasco,WA 99301 P: 509.545.3441/F:509.545.3499 NOTICE OF APPLICATION/SEPA DETERMINATION (Optional DNS Process) Si necesita ayuda para entender este aviso o necesita mas informaci6n,por favor Ilame al Departamento de Desarrollo Comunitario y Econ6mico de la Ciudad de Pasco a 509-545-3441. Proposal: Ziad Elsahili, on behalf of Fortify Holdings, LLC, has submitted a Special Permit application (SP 2021-011)for the conversion of the Loyalty Inn located at 1800, 1825 and 1905 West Lewis Street(Parcels 112230016, 112230019,and 112230018, respectively)in Pasco,WA to 163 Single-Room Occupancy long- term rental units.The proposal is subject to regulations contained in the Pasco Municipal Code. Public Comment Period: Written comments must be submitted to the Community Development Department by 5:00 p.m. on 11 August 2021. Only comments received by the referenced date will be included in the public record. If you have questions on the proposal,contact the Planning Division at(509) 545-3441 or via e-mail to:adamsj@pasco-wa.gov. Open Record Hearing:The Hearing Examiner will conduct an open record hearing for the Special Permit application (SP 2021-011) at 6:00 p.m. on 11 August 2021 in the Council Chambers in Pasco City Hall at 525 N 3'd Avenue in Pasco, Washington. The Hearing Examiner will consider public testimony concerning the above application at this meeting. If you wish to participate in the hearing virtually,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, Estimated Date of the Decision: It is estimated that the Hearing Examiner will make a decision on the Special Permit within ten(10)business days of the public hearing. Prepared 07/19/21 by:Jeffrey B.Adams,Associate Planner, PO Box 293 Pasco,WA 99301(509)545-3441 Vicinity Item: Loyalty Inn SRO Conversion N Applicant: Ziad Elsahili/Fortify Holdings, 1 J0, all PIM dr { - I I 4� ' X I. f 1 70 140 280 420 . FI s Citi of v4isco Community Development Department PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P:509.545.3441/F:509.545.3499 DETERMINATION OF NON-SIGNIFICANCE (Optional DNS Process) Issuance Date: 8 July 2021 Project Name: Loyalty Inn SRO Conversion in a limited C-3 Zoning District Project Number: SEPA 2021-047 & SP 2021-011 Proponent: Ziad Elsahili c/o Fortify Holdings, LLC 17933 NW Evergreen PI Beaverton, Oregon 97006 Applicant: Ziad Elsahili c/o Fortify Holdings, LLC 17933 NW Evergreen PI Beaverton, Oregon 97006 Description of Proposal:Approval of a Special Permit application (MF#SP 2021-011) for Single-Residence Occupancy (SRO) Conversion of a motel (Loyalty Inn) in a limited C-3 (General Commercial) Zoning District. Location of Proposal: Located at 1800, 1825 & 1905 W Lewis Street, in Pasco, WA described as follows:Lots 1 & 2,Short Plat 2016-26 and Lot 2,Short Plat 2010-08(Franklin County Tax Parcels 112230018, 112230019, 112230016). 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 DNS is issued after using the optional DNS process in WAC 197-11-355. There is no further comment period on the DNS. Appeals must be filed within within 10 days of this determination. Responsible Official: 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. SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT ("Agreement") is made this %)a�, day of 2021, by and between the CITY OF PASCO, a Washington municipal corporation (the "Chy"), and FORTIFY HOLDINGS, LLC, an Oregon limited liability company (the "Developer"). The City and the Developer are sometimes hereinafter referred to as the "Parties." RECITALS A. Chapter 3.45 of the Pasco Municipal Code (the "Code") provides authority for the City to impose and collect a school impact fee (the "School Impact Fee") on behalf of the Pasco School District from any residential construction, including the placement of a mobile home, or expansion of a building,structure or use,any change in use of a building or structure,or any change in the use of land that creates additional demand for school facilities. The amount of any school impact fee to be charged is based on a schedule provided in Section 3.35.240 of the Code. B. Section 3.35.240 provides a School Impact Fee amount of $4,525.00 per multi- family dwelling unit. Code Section 25.15.060 defines a multi-family dwelling unit as any "building used or designed as a residence for three or more families living independently of each other doing their own cooking therein." C. The School Impact Fee amount per multi-family dwelling unit is based on the calculation contained in the Pasco School District's adopted 2019 Capital Facilities Plan. The $4,525 per multi-family unit is reduced from a calculated unfunded per dwelling unit impact of $13,256. D. The City's Hearing Examiner recently approved SP 2021-005, a special use permit to convert an existing 104-unit motel into long-term Single-Room Occupancy units on real property located at 1520 North Oregon Avenue and having an Assessor Parcel No. of 113-481- 144 (the"Project"). Prior to the Hearing Examiner's review,the Developer submitted as a part of the hearing record a request that the City either exempt or waive the Project from the payment of School Impact Fees pursuant to PMC 3.45.050 or, in the alternative, under PMC 3.45.060. The Examiner declined to rule on the matter without an administrative determination and subsequent appeal. E. The Developer asserts that school-aged children will not reside in the Project or at least will not occupy units in the Project in the same manner as other multi-family units. F. The City, in consultation with the Pasco School District, believes that the demographics and experience of the District suggest that school-age children will reside in the Project. 1 G. The Developer wishes to move forward with permits for the Project without delay and the Parties wish to resolve this matter. In the interest of avoiding the delays, uncertainties, and costs of a potential dispute, the Parties have reached an agreement to resolve the outstanding issues. Each now desire to document the same and settle forever any potential claims between them related to this matter. AGREEMENT NOW, THEREFORE, in consideration of the above recitals and the mutual promises and covenants below,the City and the District agree as follows: 1. This Agreement fully resolves all issues,claims,demands and liabilities of any kind regarding the payment of School Impact Fees for the Project. 2. The Parties agree that the Developer shall pay to the City a School Impact Fee in the amount of six hundred dollars and 00/100 cents ($600.00) for each unit in the Project(the "Per Unit Fee") at the time of building permit issuance for the Project pursuant to PMC 3.45.040. 3. The Parties further agree that, except as otherwise provided for herein, any and all Per Unit Fees shall be subject to all applicable provisions of Chapter 3.45 PMC including, without limitation,the refund provisions contained therein. 4. The Developer, on behalf of itself and its successors and assign, waives and relinquishes its right to protest or challenge the required payment for the Project of the Per Unit Fee pursuant to this Agreement or an impact fee for schools pursuant to the Code and hereby covenants and undertakes that it forever refrains and desists from instituting, asserting, filing or bringing any lawsuits, litigation, claim or challenge or proceeding to challenge this Agreement or any of its terms and conditions, on any ground or basis whatsoever. 5. This Agreement contains the entire agreement between the Parties with respect to the subject matter hereof and shall not be modified or amended in any way except in a writing signed by duly authorized representatives of the respective Parties. 6. This Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective parents, subsidiaries, heirs, executors, personal representatives, affiliates, agents and general and limited partners, and their respective successors and assigns. 7. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If an action must be brought to enforce the terms of this Agreement, such action shall be brought in Franklin County Superior Court. The prevailing party shall be entitled to payment of its costs and reasonable attorneys' fees. 2 8. The persons executing this Agreement on behalf of the respective Parties hereby represent and warrant that they are authorized to enter into this Agreement on the terms and conditions herein stated. 9. This Agreement may be executed in counterparts, all of which shall be deemed an original as if signed by all Parties. SIGNATURES FOLLOW IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed the day and year first above written CITY OF PASCO, a Washington municipal corporation B Z:jL Y _ Name: _X le-le- Its: FORTIFY HOLDINGS, LLC, an Oregon limited liability company By: _;;�--�� Name: Ziad Elsahili Its: President 3 STATE OF WASHINGTON ) ) ss. COUNTY OF FRANKLIN ) 1 certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it to be a free and voluntary act f'or the uses and purposes mentioned in the instrument. Dated: Notary ublic Notary Public Print/Type Name_ State of Washington M commission expires�� - �__ KRISTIN WEBB y p MY COMMISSION EXPIRES February 3, 2024 Commission#201006 (Use this space for notarial stamp/seal) STATE OF OREGON ) ss. COUNTY OF WASHINGTON ) I certify that I know or have satisfactory evidence that 7 io, lsa.k; i is the person who appeared before me, and said person acknowledged that he/sae signed this instrument, on oath stated that he/sv was authorized to execute the instrument and acknowledged it to be a free and voluntary act for the uses and purposes mentioned in the instrument. Dated: —J-LA"e, 2-4, 1021 . Notary Public Print/Type Name P-5 i(kk LAr1 UrAk OFFICIAL STAMP My commission expires QjA Lks �.w .1 DESIREE URIARTB NOTARY PUBLIC-OREGON COMMISSION NO.990319 MY MMISSION EXPIRES AUGUST 04,2023 (Use this space for notarial stamp/seal) 4 SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT ("Agreement") is made this %)a�, day of 2021, by and between the CITY OF PASCO, a Washington municipal corporation (the "Chy"), and FORTIFY HOLDINGS, LLC, an Oregon limited liability company (the "Developer"). The City and the Developer are sometimes hereinafter referred to as the "Parties." RECITALS A. Chapter 3.45 of the Pasco Municipal Code (the "Code") provides authority for the City to impose and collect a school impact fee (the "School Impact Fee") on behalf of the Pasco School District from any residential construction, including the placement of a mobile home, or expansion of a building,structure or use,any change in use of a building or structure,or any change in the use of land that creates additional demand for school facilities. The amount of any school impact fee to be charged is based on a schedule provided in Section 3.35.240 of the Code. B. Section 3.35.240 provides a School Impact Fee amount of $4,525.00 per multi- family dwelling unit. Code Section 25.15.060 defines a multi-family dwelling unit as any "building used or designed as a residence for three or more families living independently of each other doing their own cooking therein." C. The School Impact Fee amount per multi-family dwelling unit is based on the calculation contained in the Pasco School District's adopted 2019 Capital Facilities Plan. The $4,525 per multi-family unit is reduced from a calculated unfunded per dwelling unit impact of $13,256. D. The City's Hearing Examiner recently approved SP 2021-005, a special use permit to convert an existing 104-unit motel into long-term Single-Room Occupancy units on real property located at 1520 North Oregon Avenue and having an Assessor Parcel No. of 113-481- 144 (the"Project"). Prior to the Hearing Examiner's review,the Developer submitted as a part of the hearing record a request that the City either exempt or waive the Project from the payment of School Impact Fees pursuant to PMC 3.45.050 or, in the alternative, under PMC 3.45.060. The Examiner declined to rule on the matter without an administrative determination and subsequent appeal. E. The Developer asserts that school-aged children will not reside in the Project or at least will not occupy units in the Project in the same manner as other multi-family units. F. The City, in consultation with the Pasco School District, believes that the demographics and experience of the District suggest that school-age children will reside in the Project. 1 G. The Developer wishes to move forward with permits for the Project without delay and the Parties wish to resolve this matter. In the interest of avoiding the delays, uncertainties, and costs of a potential dispute, the Parties have reached an agreement to resolve the outstanding issues. Each now desire to document the same and settle forever any potential claims between them related to this matter. AGREEMENT NOW, THEREFORE, in consideration of the above recitals and the mutual promises and covenants below,the City and the District agree as follows: 1. This Agreement fully resolves all issues,claims,demands and liabilities of any kind regarding the payment of School Impact Fees for the Project. 2. The Parties agree that the Developer shall pay to the City a School Impact Fee in the amount of six hundred dollars and 00/100 cents ($600.00) for each unit in the Project(the "Per Unit Fee") at the time of building permit issuance for the Project pursuant to PMC 3.45.040. 3. The Parties further agree that, except as otherwise provided for herein, any and all Per Unit Fees shall be subject to all applicable provisions of Chapter 3.45 PMC including, without limitation,the refund provisions contained therein. 4. The Developer, on behalf of itself and its successors and assign, waives and relinquishes its right to protest or challenge the required payment for the Project of the Per Unit Fee pursuant to this Agreement or an impact fee for schools pursuant to the Code and hereby covenants and undertakes that it forever refrains and desists from instituting, asserting, filing or bringing any lawsuits, litigation, claim or challenge or proceeding to challenge this Agreement or any of its terms and conditions, on any ground or basis whatsoever. 5. This Agreement contains the entire agreement between the Parties with respect to the subject matter hereof and shall not be modified or amended in any way except in a writing signed by duly authorized representatives of the respective Parties. 6. This Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective parents, subsidiaries, heirs, executors, personal representatives, affiliates, agents and general and limited partners, and their respective successors and assigns. 7. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If an action must be brought to enforce the terms of this Agreement, such action shall be brought in Franklin County Superior Court. The prevailing party shall be entitled to payment of its costs and reasonable attorneys' fees. 2 8. The persons executing this Agreement on behalf of the respective Parties hereby represent and warrant that they are authorized to enter into this Agreement on the terms and conditions herein stated. 9. This Agreement may be executed in counterparts, all of which shall be deemed an original as if signed by all Parties. SIGNATURES FOLLOW IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed the day and year first above written CITY OF PASCO, a Washington municipal corporation B Z:jL Y _ Name: _X le-le- Its: FORTIFY HOLDINGS, LLC, an Oregon limited liability company By: _;;�--�� Name: Ziad Elsahili Its: President 3 STATE OF WASHINGTON ) ) ss. COUNTY OF FRANKLIN ) 1 certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it to be a free and voluntary act f'or the uses and purposes mentioned in the instrument. Dated: Notary ublic Notary Public Print/Type Name_ State of Washington M commission expires�� - �__ KRISTIN WEBB y p MY COMMISSION EXPIRES February 3, 2024 Commission#201006 (Use this space for notarial stamp/seal) STATE OF OREGON ) ss. COUNTY OF WASHINGTON ) I certify that I know or have satisfactory evidence that 7 io, lsa.k; i is the person who appeared before me, and said person acknowledged that he/sae signed this instrument, on oath stated that he/sv was authorized to execute the instrument and acknowledged it to be a free and voluntary act for the uses and purposes mentioned in the instrument. Dated: —J-LA"e, 2-4, 1021 . Notary Public Print/Type Name P-5 i(kk LAr1 UrAk OFFICIAL STAMP My commission expires QjA Lks �.w .1 DESIREE URIARTB NOTARY PUBLIC-OREGON COMMISSION NO.990319 MY MMISSION EXPIRES AUGUST 04,2023 (Use this space for notarial stamp/seal) 4 CIty0 REPORT TO HEARING EXAMINER 04ii" � s�co PUBLIC HEARING oil I I vCity Hall—525 North Third Avenue—Council Chambers Wednesday 11 August 2021 6:00 PM MASTER FILE#: SP 2021-012 APPLICANT: Bassetti Architects c/o Susan Conway 71 Columbia St.,#501 Seattle, WA 98104 REQUEST: SPECIAL PERMIT: Bezos Academy Daycare Center/Early Learning Facility in an R-3 (Medium-Density Residential) Zoning District BACKGROUND 1. PROPERTY DESCRIPTION: Legal:A building and surrounding grounds located on Lot 2 of Short Plat 96-15, Recorded in volume 1 of Plats, pages 401&402, Under Auditor's file no. 533567,of Franklin County,Washington;together with that portion of West Court Street vacated by the City of Pasco Ordinance No. 3685 that attached thereto by operation of law. Except that portion conveyed to the city of Pasco for street purposes by quit claim deed recorded March 10, 1971 under Auditor's file No.323673.Also except that portion of said Lot 2 lying Northerly of the following described line: Commencing at the Northwest Corner of said Lot 2; thence South 00°18'17" East along the west line thereof a distance of 100.00 feet to the True Point of Beginning;Thence leaving said West line North 89°54'45" East a distance of 284.33 feet;Thence North 57°56'19" East a distance of 188.44 feet to the north line of said Lot 2 and the end of this line description from which the Northeast Corner of said Lot 2 lies North 89°54'45" East a distance of 662.21 feet(Franklin County Tax Parcel #113460176). General Location: 333 West Court Street. Property Size: A building and surrounding grounds located on 13.66 acres (594,954.38 square feet) 2. ACCESS:The site has access from West Court Street. 3. UTILITIES:The site is served by both water and sewer services from West Court Street. 4. LAND USE AND ZONING: The property is currently zoned R-3 (Medium-Density Residential) and is developed with a Community Service structure. Surrounding properties zoned as follows: North R-3 Multi-Family East R-3 Head-Start Daycare Facility South RP Sands Mobile Home Park West C-1 Auto Repair& Restaurant 5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is primarily intended for High- Density Residential uses. The Plan does not specifically address daycare centers, but elements of the Plan encourage the promotion of orderly development including the development of zoning standards for off- street parking and other development. Plan goal OF-5 suggests provisions should be made for educational facilities throughout the Urban Growth Area. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other information,a threshold determination resulting in a Determination of Non-Significance (DNS)was issued for 1 this project on 27 July 2021, under WAC 197-11-158. ANALYSIS Proposal Applicant wishes to operate a Daycare Center/Early Learning Facility to be located at 333 West Court Street. Property Description The proposed Daycare Center/Early Learning Facility is located at 333 West Court Street, in a residential neighborhood near North 4th Avenue. Both West Court Street and North 4th Avenue are arterial streets; as such, the site has good transportation access. A Ben-Franklin Transit (BFT) bus stop is located adjacent the center on West Court Street. History The site was annexed into the City in 1949 (Ordinance 0649); the site has been zoned R-3 (Medium-Density Residential) since at least 1989 and is developed with an 8,875 square-foot recreational facility. The recreational center was built in 1942 as part of the WWII Navy housing project. The Navy housing has since been replaced with government-subsidized multi-family residential units built in 1968. The facility was used as a Boys & Girls Club from at least 2013 to around the end of 2019. The site is owned and operated by the Pasco & Franklin County Housing Authority. The proposed daycare would operate out of the on-site recreational facility. Analysis Daycare centers and early learning facilities are considered Community Service Facilities, level one, and as such, require Special Permit review under the provisions of Pasco Municipal Code (PMC) 25.200.020(4) Unclassified uses. Community service facilities of the level one category include day-care centers, nursery schools, hospitals, sanitariums, nonprofit community health clinics, governmental and quasi-governmental activities, and related uses,which provide similar services for citizens. Educational facilities(schools)and daycares are typically located in or near residential neighborhoods. While the proposed facility is not a public school, it will operate somewhat like a school. A Boys & Girls Club had been operating on the site since 2013; the property adjacent to the east (315 West Court Street) received Special Permit approval (SP 07-010)to operate a Head Start program in 2007. The City of Pasco population has grown from 59,781 to 79,580 in the last 10 years, according to the most recent Office of Financial Management estimate. Population growth has created a demand for preschool and daycare facilities. Pasco Municipal Code 25.185.170(3) requires one parking space for each employee and one space per 6 children (0.17 per child).The proposed facility would accommodate up to 14 staff members/employees and 80 children, ranging in age from 3 to 5 years old. Based on these numbers, the total parking requirement would be 28 spaces, rounded up.There are 32 on-site parking places; more than adequate. According to the Institute of Transportation Engineers (ITE) Trip Generation Manual, 9th edition, daycare centers(code 565)generate approximately 4.38 trips per student,which translates to around 350.4 trips per weekday with 80 students. 2 Daycare Centers/Early Learning Facilities are required to meet WSP Fire Protection Bureau Fire and Life Safety Inspection requirements; Office of State Fire Marshal (OSFM). INITIAL STAFF FINDINGS OF FACT Findings of Fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The 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 in the Tri-City Herald on 23 July, 2021. 2. Applicant wishes to operate a Daycare Center/Early Learning Facility to be located at 333 West Court Street. 3. The proposed Daycare Center/Early Learning Facility is located at 333 West Court Street. 4. The site is near North 4th Avenue. 5. Both West Court Street and North 4th Avenue are arterial streets. 6. A Ben-Franklin Transit (BFT) bus stop is located adjacent the center on West Court Street. 7. The site was annexed into the City in 1949 (Ordinance 0649). 8. The site has been zoned R-3 (Medium-Density Residential) since at least 1989. 9. The site is developed with an 8,875 square-foot recreational facility. 10. The recreational center was built in 1942 as part of the WWII Navy housing project. 11. The current government-subsidized multi-family residential units were built in 1968. 12. The site is owned and operated by the Pasco & Franklin County Housing Authority. 13. The proposed daycare would operate out of the on-site recreational facility. 14. Daycare Centers/Early Learning Facilities are considered Community Service Facilities, level one. 15. Daycare Centers/Early Learning Facilities require Special Permit review under PMC 25.200.020(4) 16. Level 1 Community service facilities are typically located in or near residential neighborhoods. 17. A Boys &Girls Club had been operating on the site since 2013. 18. The adjacent property to the east received a Special Permit to operate a Head Start program in 2007. 19. Pasco Municipal Code 25.185.170(3) requires one parking space for each employee and one space per 6 children (0.17 per child) for Daycare Centers/Early Learning Facilities. 20. The proposed facility would accommodate up to 14 staff members/employees and 80 children. 21. The total parking requirement for Daycare Centers/Early Learning Facilities is 28 spaces, rounded up. 22. There are 32 on-site parking places. 23. According to ITE Daycare Centers/Early Learning Facilities generate around 350.4 trips per weekday with 80 students. 24. Daycare Centers/Early Learning Facilities are required to meet WSP Fire Protection Bureau Fire and Life Safety Inspection requirements; Office of State Fire Marshal (OS FM).students. 3 TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of the proposed plat the Hearing Examiner must develop findings of fact from which to draw its conclusion (PMC 25.200.080 and 25.200.100)therefrom as to whether or not: 1. Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The Comprehensive Plan indicates the site is primarily intended for High-density Residential uses. The Plan does not specifically address Daycare Centers/Early Learning Facilities, but elements of the Plan encourage the promotion of orderly development including the development of zoning standards for off-street parking and other development. Comprehensive Plan goal OF-5 encourages educational facilities to be located throughout the Urban Growth Area. 2. Will the proposed use adversely affect public infrastructure? The proposed facility is located near an arterial street that is capable of handling significant traffic. The preschool and daycare use of the property will increase water usage at the site slightly. The building is served by both City water and sewer services. 3. Will the proposed use be constructed, maintained, and operated to be in harmony with existing or intended character of the general vicinity? The proposed interior remodel will be required to meet PMC residential building code standards. Surrounding properties are already fully developed. 4. Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? Surrounding properties are fully developed with government-subsidized multi family rental units (on-site), a Head-Start program to the east, and mobile homes to the south. The proposed Daycare Center/Early Learning Facility is a single-story structure. 5. Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? The proposed use will create some increased traffic and noise. 6. Will the proposed use endanger the public health or safety if located and developed where proposed, or in any way will become a nuisance to uses permitted in the district? Daycare Center/Early Learning Facility uses typically do not endangered public health;children playing outside may create a minor nuisance. PROPOSED APPROVAL CONDITIONS 1) The special permit shall apply to Parcel 113460176; 2) The applicant shall obtain approval from the applicable City development review process. 3) The building and grounds of the daycare/preschool shall be maintained in a professional manner at all times; 4) The applicant shall maintain all necessary Washington State licenses; 4 5) The special permit shall be null and void if a City of Pasco building permit is not within two calendar years of City Special Permit approval. 6) The special permit shall be null and void if the above conditions are not met. RECOMMENDATION Staff recommends approval of a Daycare Center/Early Learning Facility to be located at 333 West Court Street, (Franklin County Tax Parcel 113460176) in an R-3 (Medium-Density Residential) district with conditions as set forth herein. 5 Bezos AcademyDaycare Overview Item: Applicant: i . ssetti Architects c/o Susan Conway1 Map File #: SP 2021-012 S 'tl ; - - _ .."a• ,� • I R• , - -r`;�� III ®� 1:•, �• '_� � -.� 1 :,..•• � ♦ V � , . cwt �■r-t -ww, '-t. . � r •� - - '' �•t I .l.- ' -i l 4 , � ,� \\\\\Q\� •� �wu ia1L� e■y, � � ..- t�.. �c r ..al:' t.. � -I '{ �a ' `:a ,�I Je i� r r:k�ly r � ��,� � �\ ,. ■r i�.� � �- -'f` � ' 1[ •:>'''-$! �i, _.C;E''lae �■�Jac. :\Ird� - � ♦�� � � '®�. . � ���C{� ���_'� t:F� , i� J +i i - -- -i - — 1- =a� 1!j111Ik Wit.. ■��.i w e� 'cirri �rn 1�y�i.i ':� .. 1, L' u_ ■ _ / 1� �■ .�IY�u�➢♦ r+ a la i.v • 1 1 L1 '■■', S �� �� ril■ I� I , �I��! �'� I - � I `��A����♦ �� � 1 l 1 '1� t s: � � L LL ■ b 1- , 111 �',kiL ��il� :1 � � � � hJ` C��11 LJ�����e.71 �_-I .� k 11L�of lk`-'-1� �e ��,�/' � D L IL�s._lV VJL ■ � L+7 A W-1 r7 AN,1 ud+, M.Lat .1 n - -- e��ll rJ °•e: 'r d ��w 1. 1 �] rF -h::; t1-1WN" 1- �. 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';fir.: � �� �jk. •# �.. � i'. - '. :arf _,� - -err,•. �_�' � - � � a- y�' -�_ +�- .i^ -- aka -. .� Y'� •, r: '�� � ��' �:�- � '�� �� ?+r+ r� LIJ a-606 Cl'J of Community& Economic Development Department Fee:$625 Pasco PO Box 293,525 N 3rd Ave, Pasco,WA 99301 I P:509.545.3441/F:509.545.3499 CITY OF PASCO SPECIAL PERMIT APPLICATION Master File # Date Submitted: 6/25/2022 Applicant Info Owner Info (if different than applicant) Name: Name: Bassetti Architects Bezos Academy Address: Address: 71 Columbia St., #501 2111 South J Street Seattle, WA 98104 Tacoma, WA 98405 Phone: Phone: Susan Conway, 206-340-9500 Zoe Burke, 206-554-9082 Email: Email: sconway@bassettiarch.com zoe.burke@bezosacademy.org Project Address: 333 W. Court St., Pasco WA 99301 Project Parcel Number: 113460176 Current Zoning: - R-3 Medium Density Residential Source of domestic water: Existing water main on W. Court St. and N 3rd Ave. Method of sewage disposal: Existing sanitary sewer lines on project site. Present use of the land and structure(s) if any: The present use of the structure is a Community Center. The building is part of a large parcel owned by the Pasco Housing Authority. Updated April 2019 Please describe any existing violations of the zoning ordinance upon the property: There is no existing violations of the zoning ordinance upon the property. Give a detailed description of the proposed use that requires a special permit (attach separate sheet if more space is necessary): The proposal consists of interior renovation and change of use from Community Center to Education- Day Care Facility. The proposed building will be a 4-classroom Day Care facility to serve 3-5 year olds. 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 Special Permit - $500.00 Environmental Checklist - $ 75.00 Radius Notification - 50.00 $625.00 0 SEPA Checklist 0 Site map 0 Fee of$625 CiLyaf Community& Economic Development Department Fee:$625 r �� PO Box 293, 525 N 3`d Ave, Pasco,WA 99301 ° P: 509.545.3441/F:509.545.3499 Signature of Applicant *Notarized Signature of Property Owner State of Washington } ss. County of Franklin } On this day of j�-e- �Z� , before me the undersigned, a Notary Public in and for the Stat 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 ac nowledged to me that the recitations contained therein are true, and has signed this instrument as is her free and voluntary act and deed for the purposes therein mentioned. SUBSCRIBED AND SWORN to before me this Zeday ofZ� . 1 LISA RICHWINE NOTARY PUBLIC#72638 NotaVy Rutuudn a id for the-Stale of Washington STATE OF WASHINGTON Residing atr COMMISSION EXPIRES My Commission e pires JANUARY 18, 2025 Updated April 2019 Pasco PUBLIC HEARING City Hall — 525 North Third Avenue—Council Chambers DATE: WEDNESDAY, 11 August 2021 6:00 PM MASTER FILE #: Z 2021-009 APPLICANT: Rigoberto Rangel 5804 Rd 90 Suite D. Pasco, WA 99301 REQUEST: REZONE: Columbia Riverwalk Apartments properties from R-3 and 1-1 to R-4 BACKGROUND 1. PROPERTY DESCRIPTION: L� Lots 1 through 6 of Short Plat 2020-29, Section 36, Township 9 North, Range 29 East, W.M. records of Franklin County, Washington (Parcels 119740031, 119740032, 119740033, 119740034, 119740035, 119740036); and that portion of Blocks 6, 13 and 14, of vacated Lena and River Streets adjoining, in Oakley's Riverfront Addition, according to plat thereof recorded in Volume "B" of Plats, page 34, lying south of a line distant 350 feet south of the south line of "A" Street, and parallel with said south line, except any portion thereof deeded to the United States of America by deed recorded under Auditor's File No. 139346, records of said County (Parcel 112330120). General Location: Generally located near the corner of South 20th Avenue and West "A" Street in Pasco, WA. Property Size: 10.51 acres (457,934.40 square feet). Parcel Sq. Ft. Acres Zoning 119740031 46,681.00 1.07 R-3 119740032 66,156.00 1.52 R-3 119740033 42,656.00 0.98 R-3 119740034 46,010.00 1.06 R-3 119740035 111,513.60 2.56 R-3 119740036 52,135.001.20 R-3 112330120 92,782.80 2.13 1-1 Total 457,934.4 0 10.51 2. ACCESS: The parcels have access from South 20th Avenue and/or West "A" Street. 3. UTILITIES: Existing water and sewer utilities in South 20th Avenue and West "A" Street. 1 4. LAND USE AND ZONING: Two of the lots are developed; six are zoned R-3 (Medium- Density Residential) one is zoned 1-1 (Light Industrial). Surrounding properties are zoned and developed as follows: NORTH: R-1-A-2 and 1-1 Mobile Homes and Industrial Uses EAST: 1-1 Industrial Uses SOUTH: 1-1 USACE Levee WEST: 1-1 Industrial Uses 5. Comprehensive Plan:The Comprehensive Plan has recently been updated and approved by City Council; the lots have been designated "Mixed Residential/Commercial." The "Mixed Residential/Commercial" designation allows for R-1 through R-4, C-1, and 0, 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. The designation anticipates 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 a Determination of Non-Significance (DNS) was issued on 8 July 2021 for this project under WAC 197-11-158. ANALYSIS Request Rigoberto Rangel has submitted an application to rezone Parcels 119740031, 119740032, 119740033, 119740034, 119740035, 119740036, located west of 20th Avenue and south of West "A" Street, and Parcel 112330120 located east of 20th Avenue and south of West "A" Street in Pasco, WA, from R-3 (Medium-Density Residential) and 1-1 (Light Industrial) to R-4 (High-density Residential).Applicant anticipates developing apartments similar to the two recently constructed buildings on the site. Site The site has frontage access on South 20th Avenue and West "A" Street and contains approximately 10.51 acres (457,934.40 square feet). The recently updated Comprehensive Plan has designated the site "Mixed Residential/ Commercial." The "Mixed Residential/Commercial" designation allows for R-4 zoning and may be developed with 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 the Comprehensive Plan Land Use Map designation. 2 History The site was annexed into the City in 1962 and zoned for industrial uses. Later the property was designated as "Open Space/Nature" due to its proximity to the Columbia River. In 1996, a Comprehensive Plan Amendment passed which resulted in a designation change to "Mixed Residential." 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." Applicant is seeking to rezone the property to R-4 to allow for the construction of a middle- to high-income apartment complex consisting of up to 200 residential units. The R-3 zoning designation would allow only approximately 122 units. This property provides the opportunity for development which will benefit from the proximity and/or access to the Columbia River. In the event of approval of the rezone,the applicant intends to develop the site with as many as three apartment buildings that will have riverfront views and bike path access. During the time of development, the City also requires full improvement of right-of-way including curb, gutter, and sidewalk. The site is located on an arterial street which is favorable for future residents and visitors of the proposed development. 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 1-1 (Light Industrial) to R-3 (Medium-Density Residential) in 2018 (Ordinance 4396). 2. The changed conditions, which are alleged to warrant other or additional zoning: City Council approved an update to the Comprehensive Plan this year; The Land Use Element of the Plan now designates the site "Mixed Residential/Commercial." Applicant has developed one 60-unit and one 48-unit apartment building on the site (Parcels 119740035 and 119740031, respectively). The "Mixed Residential/Commercial" designation allows for R-4 zoning and may be developed with 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 3 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 would likely result in the development of apartments, 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 zoning designations the balance of the R-3-zoned parcels would likely remain vacant due to the density limits of the current zoning designation. The I-1 zoned parcel to the east of 20th avenue, which has been a nuisance property for many years, would likely remain vacant, overgrown, and continue to attract nuisance activities. 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 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 20 July 2021. 2. Applicant wishes to rezone Parcels 119740031, 119740032, 119740033, 119740034, 119740035, and 119740036, from R-3 (Medium-Density Residential) to R-4 (High- density Residential). 3. Applicant wishes to rezone Parcel 112330120 from 1-1 (Light Industrial) to R-4 (High- density Residential). 4. Parcels 119740031, 119740032, 119740033, 119740034, 119740035, and 119740036, are located west of 20th Avenue and south of West "A" Street. 4 5. Parcel 112330120 is located east of 20th Avenue and south of West "A" Street. 6. Applicant anticipates developing apartments similar to the two recently constructed buildings on the site. 7. The site has frontage access on South 20th Avenue and West "A" Street. 8. The site contains approximately 10.51 acres. 9. The Comprehensive Plan has designated the site "Mixed Residential/ Commercial." 10. The "Mixed Residential/Commercial" designation allows for R-4 zoning. 11. The "Mixed Residential/Commercial" designation may be developed with apartments. 12. The "Mixed Residential/Commercial" designation allows for densities from 5 to 29 dwelling units per acre. 13. The rezone request is consistent with the Comprehensive Plan Land Use Map designation. 14. The intended use is consistent with the Comprehensive Plan Land Use Map designation. 15. The site was annexed into the City in 1962 16. The Site was zoned for industrial uses in 1962. 17. The property was later designated as "Open Space/Nature" due to its proximity to the Columbia River. 18. The site's Comprehensive Plan designation was changed to "Mixed Residential" 1996. 19. The site's Comprehensive Plan Land Use Element was changed to "Mixed Residential/Commercial" this year. 20. Applicant wishes to construct up to 200 residential units. 21. The R-3 zoning designation allows approximately 122 units. 22. The site is located on an arterial street. 23. The City requires full improvement of right-of-way including curb, gutter, and sidewalk. 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 approved an update to the Comprehensive Plan this year; 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 apartments. 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. Housing Goal H-1: Encourage housing for all economic segments of the city's population 5 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 site 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 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 Determination of Non-Significance (DNS) on 8 July, 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. 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 1 through 6 of Short Plat 2020-29 (Parcels 119740031, 119740032, 119740033, 119740034, 119740035, 119740036); and that portion of Blocks 6, 13 and 14, and of vacated Lena and River Streets adjoining, in Oakley's Riverfront Addition (Parcel 112330120).), located near the southwest corner of South 6 20th Avenue and West "A" Street in Pasco, WA be rezoned from R-3 (Medium-Density Residential) and 1-1 (Light Industrial) to R-4 (High-density Residential). 7 Overview Item: Columbia Riverwalk Apartments - Rezone R-3 & I-I to R-4 N gob- Rangel Map 1 - MOM 1� y �. Www .•i —r 'au ( •m(moi Rills,- , + ft a RIVFQ � -L 1 :1 350 700 1,100 1,404 1 1 1 1 1 Feet � Denton County W,%pasco GIS,Maw Vicinit Item: Columbia Riverwalk Apartments - Rezone R-3 & I-I to R-4 N Y Applicant: gob- Rangel Map 1 - MW ,ter lop P / COLUMB.rq RIVER 4v �. 1110 210 420 630 :41 Benton County W&pas Land Use Item: Columbia Riverwalk Apartments - Rezone R-3 & I-1 to R-4 N Applicant: Rigoberto Rangel W E Map File #: Z 2021-009 S o esa 0 H� �4 a e s - Misc Vaca N> ao D Q t/ ulti-Fa Office Vacant fess' al 10 Vacant > Commer 'al Com ercial Ret s Pe sonal o Indust riSe ices N Whoacant Msc m eci s :] r ice C� Ln Q `n er ial Commerc al erV ce Tra ❑ isc 0 � ❑0 Re ai etail WAST 66 - Services Vacant C me ' I Services - Contrac gdstrial e L J -� Q Co rci isc ) R pair SITE � Wh esal _ � Tr e�c� Vacant IT ove ent co O � Parks Parks V c Parks � Vacant Parks Parks CI•�.y���IMl•, ��;� Vacant 110 210 420 630 84 Feet Riverwalkp. Rezone i Zonin Item: Columbia 9 Applicant: gob- Rangel Map File #: Z 2021-009 S 1 Mh%ll ` 110%--�%" W I I M 0011 111 N SON i N EVEN NINE INOW ra,NINE ONE r` ��,� . II `�� OWN WONEI NINE INS, \� , N 1 630841 CompPlan Item: Columbia Riverwalk Apartments - Rezone R-3 & I-1 to R-4 N Applicant: Rigoberto Rangel w E Map File #: Z 2021-009 S ]E�] �4i T FEE Commercial o M ium Dens ty Li esidential ¢ o 0 0 Q Q Lu N D N N FL O U � El ❑ ❑a Mixed M W AS Commercial F1 P-i — SITE �s �s -j � Open Space Parks O Open Par ..IMI .. 110 210 420 630 84 Feet Item: Columbia Riverwalk Apartments - Rezone R-3 & I-1 to R-4 N "Exhibit Exhibit A,, Applicant: Rigoberto Rangel W E File #: Z 2021-009 S 0 E 0 o Q o0 0 Q 0 Q U a Q U Ln WAST Q 0) �Z CO 11 R-4 CO./ CI•�.y���IMl•, ��;� 0 110 210 420 630 84 Feet v North Looking `� L• / r.-, t. _L N ` •• - - y:; ...w.a y'x-��Y-_,r• -"=tet- ,.:�: - - `rc•,..-rte. .,.tee. .'3-.a.-:3 .. .-. _ .. '+ - _ __., - _ Edi -hip yy!! 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Looking Southeast 77 � _ yNil . _ _ �`�� .�•'','�.� � i. a � _, ' �+ � to_"» �:1 �_T� - -- (� _�. ...edwt — Looking South 1-7 LE IV- i _ AL Looldng Southwest FTS Am•O ti. _ .j' m+ qtr n>P c�P V� - � � �'�^ �� f 4 •.Fw ya-.. s P�j -J j LookingWestt lqq�10 1 - 4 Looking ' 7IOU - - r4v f-, z: t.' �._y�- _!�`.+s .y- .sur =•- _ •�' �.'_ s' _ Fh ,tip _ rixr •x-�..w�a1 __ -'�-• S.'tti,:'-ter - - _ --�_. � - _. - `�. j_ +,e�..'` -ice'• t•�'s`r^+:;y�,r�'�r,r� ...--- rrr���,':r._ �, 1_ r��}_ ....r• - •.-.+��y.�� � �-�^ -- ,.�- _ _ t y �%.y5�"..;fit.may.•�� wri?a.r' --_ _; �_ �4 sem•-^ _ [ rrF.�... r�,-. - .- -..:►4 --T - _ - '� - _'� - ��^ �`F1k�y�...� _ _ y - - '>• '3y� �e � y �1,�,} ire- -_ — 44 -� e" ra � P .r• F �+� �'r - rt„C yrf 'iG'�f*-�'`',rt'R" �'"f�""' _ i_".-��.r¢�`.`*'��� ;%�9`,s4GbT�'' .=��-��. -i., S�"'b ,A _. - '�:J�.. - -''- � '•.y-: `r«-.; r�, 'r �';- _�r--r'• OCommunity& Economic Development Department Fee:$825 vxcitqf st PO Box 293,525 N 31d Ave, Pasco,WA 99301 41 P:509.545.3441/F:509.545.3499 I CITY OF PASCO PETITION FOR ZONE CHANGE Master File #.Z aa; I' DDS Date Submitted: _yVhe 14h 242�_ Applicant Info Owner Info _ (if different than applicant) Name: Name: Rigoberto Rangel Same Address: Address: 5804 Rd 90 Suite D., Pasco WA 99301 Phone: Phone: 509-539-7120 Email: Email: rigo@tricitiesengineering.com Project Address: 2120 W. A St. Pasco WA 99301 Project Parcel Number: 119740031, 119740032, 119740033, 119740034, 119740035, 119740036 Current Zoning: Also Parcel # 112330120, - zoned R-3 and 1-1 Requested Zoning: R-4 High Density Residential Describe the nature and effect of the proposed change:_Currently Lot 112330120 is zoned 1-1 and the other six lots were short plotted from a R-3 Medium Residential Lot. Currently there is a 60 unit apartment building on one of the lots and another 48 unit building is currently under construction. Allowing the re-zone to occur will allow the completion of additional apartment buildings. Estimated time frame of development: The additional apartment buildings would be .completed in sections over approximately two years. Updated July 2019 What conditions warrant the proposed rezone? The majority of the land is vacant and the development of apartments there is in line with City's comprehensive plan vision. How will the proposed rezone advance the health, safety, and general welfare of the community? The apartments will bring investment into an area of town that hasn't seen much recent investment and the city needs more housing. The development will bring quality housing by the river for residence to have easy access to the COP/Army Corps river walk within walking distance. What effect will the proposed change have on the value and character of adjacent property? The proposed changes will improve the the values of the adjacent properties and bring more potential customers to near by businesses and more housing to people that work in the area. How does the proposed rezone relate to the City's Comprehensive Plan? The rezone is in line with the City's Latest Comprehensive Plan What effect will be realized by the owner(s) if the proposed rezone is not granted? The owners have invested significant resource to bring water, sewer, power to the development. 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. CiOf Community&Economic Development Department Fee:$825 I' vx�yco PO Box 293,525 N 3r0 Ave, Pasco,WA 99301 P:509.545.3441/F:509.545.3499 Fee for Rezone - $700.00 Environmental Checklist - $ 75.00 Radius Notification - � 50.00 $825.00 g3 SEPA Checklist 8 Site map ® Fee of$825 Signature of App!' ant *Notarized Signature of Property Owner State of Washington ) ss. County of Franklin ) On this 7tday of_ JAM , before me the undersigned, a Notary Public in and for the State of Washington, duly commissioned an sworn, personally appeared AQIi 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 -1YA day of �`������Er�surrr���q IS``�+ �� MCC I�Iffi r ssi6iu���ti -- `' �oraRri Notary Public i-end for the tate of Washington ='+. jDUi3tlC =�- Residing at .�`� My Commission expires Updated July 2019 Cttyol Community& Economic Development Department Fee:$825 CO PO Box 293,525 N 3`d Ave, Pasco,WA 99301 I' P:509.545.3441/F: 509.545.3499 CITY OF PASCO PETITION FOR ZONE CHANGE INITIATION OF AMENDMENTS: Zoning Map: 1. Any person, firm, corporation, group of individuals, or municipal department may petition for a zone change with the following exceptions: i. If the person, firm, corporation or group of individuals does not have legal ownership of the parcel of land under consideration for rezoning, the petition shall not be accepted. All petitions submitted must contain the notarized signature of the legal owner of the property. The legal owner is considered to be the owner of record. ii. A person, firm, corporation of group of individuals may not submit, in any one year, more than one petition requesting a zone change from the property's present zone to another particular zone for the same parcel of land, provided, within the one year period, a person, firm, corporation or group of individuals may submit another petition requesting a zone change from the property's present zone to a zone other than the zone previously requested in the earlier petition. 2. The City Council, upon its own motion, may request the Planning Commission hold an open record hearing on the reclassification of a parcel or parcels of property. 3. The Planning Commission may initiate an open record hearing on the reclassification of a parcel or parcels of property. CONFLICT WITH COMPREHENSIVE PLAN: In the event any proposed amendment, supplement, change to or repeal of Chapters 25.04 through 25.88 is in conflict with the Comprehensive Plan, said amendment or change shall not be entertained until and if the comprehensive plan is amended. REQUIREMENTS: 1. Fee of$825 ($700 application fee + $75 SEPA fee + $50 radius notification fee) 2. Completed SEPA form 3. The property owner's notarized signature acknowledging the application PUBLIC HEARING: After completion of an open record hearing on a petition for reclassification of the property, the Hearing Examiner shall make and enter findings from the records and conclusions thereof which support its recommendation and find whether or not: 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; c. There is merit and value in the proposal for the community as a whole; Updated July 2019 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; The Hearing Examiner shall render his/her recommendation to approve, approve with modifications and/or conditions, or reject the petition based on its findings and conclusions. The Hearing Examiner's recommendation, to include his/her findings and conclusions, shall be forwarded to the City Council at a regular business meeting thereof. CITY COUNCIL: Unless a proper and timely appeal is filed or the City Council by majority vote deems further review is necessary, the recommendation of the Hearing Examiner shall be effected by proper action of the City Council without further review. CONCOMITANT AGREEMENT: The City may enter into an agreement with the petitioner whereby the City will grant the requested zone change conditioned upon the petitioner entering into a covenant with the City restricting the use and/or development of the subject property. Provisions of the agreement may relate to any or all of the following aspects of the use of petitioner's property: a. Setback. b. Use of building or property. c. Type of business. d. Height of building. e. Size of building. f. Size of subdivision of property. g. Density. h. Landscape. i. Street, sidewalk and curb improvement and easements and rights-of-way for such. j. Public utility improvements and easements and rights-of-way for such. k. Time frame for commencement or completion of the proposed construction or development. In the event a concomitant agreement includes a specified time frame for the proposed development, it may further provide that failure to conform to the specified time frame shall cause the zone change granted therein to revert to the zone existing immediately prior to said zone change. City of �.■ ���� Community Development Department PO Box 293,525 N 3 d Ave, Pasco,WA 99301 P: 509.545.3441/F:509.545.3499 DETERMINATION OF NON-SIGNIFICANCE (Optional DNS Process) Issuance Date: 8 July 2021 Project Name: Columbia Riverwalk Apts. R-3/1-1 to R-4 Site Development Rezone Project Number: SEPA 2021-044 Z 2021-009 Proponent: Rigoberto Rangel c/o ZEPGON INVESTMENTS LLC 2326 W A ST Pasco WA 99301 Applicant: Rigoberto Rangel c/o ZEPGON INVESTMENTS LLC 2326 W A ST Pasco WA 99301 Description of Proposal:Approval of a rezone applications (MF# Z 2021-009) from R-3 (Medium-density Residential) and 1-1 (Light Industrial)to R-4 (High-density Residential) for Franklin County, Washington Parcels # 119740031, 119740032, 119740033, 119740034, 119740035, and 119740036, and 112330120. Location of Proposal: General Location: Near the southwest corner of South 20th Avenue and West "A" Street in Pasco, WA. Legal: Lots 1 through 6 of Short Plat 2020-29, Section 36, Township 9 North, Range 29 East, W.M. records of Franklin County, Washington (Parcels 119740031, 119740032, 119740033, 119740034, 119740035, 119740036) and that portion of Blocks 6, 13 and 14, and of vacated Lena and River Streets adjoining, in Oakley's Riverfront Addition,according to plat thereof recorded in Volume "B" of Plats, page 34, lying south of a line distant 350 feet south of the south line of "A" Street, and parallel with said south line, except any portion thereof deeded to the United States of America by deed recorded under Auditor's File No. 139346, records of said County (Parcel 112330120). 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. 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 fill d within 10 days of this determination. Responsible Official• 1/,4,AJ 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. Pasco PUBLIC HEARING City Hall — 525 North Third Avenue—Council Chambers DATE: WEDNESDAY, 11 August 2021 6:00 PM MASTER FILE #: Z 2021-010 APPLICANT: Aqtera Engineering/Caleb Stromstad 2705 St Andrews Loop, Ste C Pasco, WA 99301 REQUEST: REZONE: Bedford Street Duplex C-1 to R-4 (or R-3, R-2) BACKGROUND 1. PROPERTY DESCRIPTION: L� Lots 4 through 7 of Binding Site Plan 2002-005; (Parcel #115430179), in the NW 1/4 of Section 8, Township 9 North, Range 29 East, W.M., Pasco, Franklin County, Washington. General Location: Generally located between Bedford Street and Midland Lane, approximately 522 feet north of Sandifur Pkwy in Pasco, WA. Property Size: 6.86 acres (298,822 square feet). 2. ACCESS: The parcel has access from Bedford Street and Midland Lane. 3. UTILITIES: Existing water and sewer utilities in both Bedford Street and Midland Lane. 4. LAND USE AND ZONING: The site is undeveloped and zoned C-1 (Retail Commercial). Surrounding properties are zoned and developed as follows: NORTH: R-3 Mediterranean Villas Condos EAST: C-1 Vacant SOUTH: C-1 Offices; vacant WEST: C-1 Offices; vacant 5. Comprehensive Plan: The Comprehensive Plan has recently been updated and approved by City Council; the lot has been designated "Medium-Density Residential" by the Comprehensive Plan Land Use Map; 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. 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 a Determination of Non-Significance (DNS)was issued on 23 July 2021 for this project under WAC 197-11-158. 1 ANALYSIS Request Caleb Stromstad/Agtera Engineering, on behalf of Dave Greeno/Big Sky Developers LLC, has submitted an application to rezone Parcel #115430179, located between Bedford Street and Midland Lane, and approximately 522 feet north of Sandifur Pkwy in Pasco, WA.,from C-1 (Retail Business District) to R-4 (High-density Residential). Applicant has also allowed for an R-3 or R-2 rezone. Applicant anticipates multi-family development on the site; Applicant has furnished a draft site plan depicting 84 residential duplex units on the 6.9 acre site. Site The site has frontage access on Bedford Street and Midland Lane which both connect to Sandifur Parkway to the south, Midland extending to Mediterranean Villas and Broadmoor Estates to the north. 6.86 acres (298,822 square feet). The Comprehensive Plan designates the lot "Medium-Density Residential." The "Medium-Density Residential" designation allows 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. 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 lot was rezoned R-T(Residential Transition; Ordinance 3002); the lot was rezoned to C-1 in 2000 (Ordinance 3415). The Mediterranean Villas condominiums expanded in 2004 with the development of Phase 3 located to the north of the site. two medical/professional office buildings, one in 2001 and another in 2004, were constructed to the west. A Kadlec clinic was built in 2007 to the south along Sandifur Parkway;The Solgen office was completed this year adjacent to the south. The City has recently approved a major update to its Comprehensive Plan. The revised Land Use Element of the approved Plan designated the lot "Medium-Density Residential." 2 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 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, south, and west;further development is contemplated for the area east of the site. City Council has recently approved an update to the Comprehensive Plan; The Land Use Element of the Plan now designates the lot "Medium-Density Residential." The "Medium-Density Residential"designation allows 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,. 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. 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 lot "Medium-Density Residential." The "Medium-Density Residential"designation allows for R-4 zoning and may be developed with townhouses and apartments. 3 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 higher-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 23 July 2021. 2. Applicant wishes to rezone Parcel #115430179, from C-1 (Retail Business District) to R-4 (High-density Residential). 3. The site is located approximately 522 feet north of Sandifur Pkwy between Bedford Street and Midland Lane. 4. Applicant has also allowed for an R-3 or R-2 rezone. 5. Applicant has furnished a draft site plan depicting 84 residential duplex units on the site. 6. The site has frontage access on Bedford Street and Midland Lane 7. Both Bedford Street and Midland Lane connect to Sandifur Parkway to the south. 8. Midland extends to Mediterranean Villas and Broadmoor Estates to the north. 9. The site contains 6.86 acres (298,822 square feet). 10. The Comprehensive Plan designates the lot "Medium-Density Residential." 11. The "Medium-Density Residential" designation allows for R-4 zoning 12. The "Medium-Density Residential" designation may be developed with townhouses and apartments. 13. Residential density may range from 6 to 20 dwelling units per acre in the "Medium- Density Residential" designated area. 14. The rezone request is consistent with both Comprehensive Plan Land Use Map designations. 15. The intended use is consistent with both Comprehensive Plan Land Use Map designations. 16. The site was annexed into the City and assigned C-1-D zoning in 1982. 17. The lot was rezoned R-T In 1994. 18. The lot was rezoned to C-1 in 2000. 19. Mediterranean Villas Phase 3 to the north was developed in 2004. 20. two medical/professional office buildings were constructed to the west in 2001 and 2004 21. A Kadlec clinic was built in 2007 to the south along Sandifur Parkway; 22. The Solgen office adjacent to the south was completed this year. 23. The City has recently approved a major update to its Comprehensive Plan. 4 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 lot "Medium-Density Residential." The "Medium-Density Residential" designation allows 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. 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-4-8: 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 lot "Medium-Density Residential." The "Medium-Density Residential" 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 and meets the intent of the Goals and Policies for the property. The proposal will not be materially detrimental to the immediate vicinity. 5 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 lot "Medium-Density Residential." The "Medium-Density Residential" 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 Determination of Non-Significance (DNS) on 23 July 2021. 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 4 through 7 of Binding Site Plan 2002-005, in the NW 1/4 of Section 8, Township 9 North, Range 29 East, W.M., Pasco, Franklin County, Washington (Parcel #115430179), generally located approximately 522 feet north of Sandifur Pkwy between Bedford Street and Midland Lane, in Pasco, WA. be rezoned from C-1 (Retail Business District) to R-4 (High-Density Residential). 6 Bedford Overview Item: Applicant: Dave Greeno/Big Sky Developers, LLC W+E • File La-- r _ I m[��Ii�+�J,4`�G �siiwri �� n�i � �1��1���1����1 ■ ;AI L�wJ Eru/�1 i i �11�1111111111 J 11 w'•-..�- .;���j Iii � � i e 11q�� � „�?� it rf1:Y . �Y ww w r�r'�.1^�1 a��.. 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SCI 1 h J 1 1 J 1 r7Y • �.e�- ~ ry rI 7yal Crlr - Al • -�J.r dr. .a ri's Lt 1 430 1,700 • 3,400 - =1 'i -�-�- A Feet Bedford V'C'H'ty Applicant: Dave Greeno/Big Sky Developers, LLC W+E • 1File one, a www �'.,k� as am 11 aa► ad r _ .� ��, ���' �Y �V��i�i■��1Y w '*rJnk' tiv ti` ■.. 1&'`is -1 Mom i«J �������� ���� t ♦fir � / �. � � jhAL -u i 'i Am rarik o WN 1 O •73 SO 3 \ S 0 Ak Land Use Item: Bedford St Duplexes N Applicant: Dave Greeno/Big Sky Developers, LLC W+E Map File #: Z 2021-010 S EMEEMEME WEAREAawrom EMEEMWOME N 616161 USE 11:1161:111'6ml:l .146.p 17 741y� FMO WINNE lit it NEI IN-M 1170111 lom,I Map 1::1 111,11"1::116 BOOM �0ENRON OR �i`���!������C��i���.� • acant Vacant Feet ZoninItem: Bedford St Duplexes N 9 Applicant: Dave Greeno/Big Sky Developers, LLC W E Map File #: Z 2021-010 S El [::� El = I E�i 01 i7:i\1 T OA�D\0' q4/T�r Y LD\\'� 21-11-11 -F] I J� lj--L- Eal---]L�m �1 VINCENZO DR [IMMEJ[T] ELI MIA LN MAJESTIA LN lilt a r) SITE o J mJ ry, Q 0 g � o o Q 0 re' _ m C-1 L� Ll L Q o � 110 210 420 630 84 �0 m El Feet SANDIFUR PKWY Comp Plan Item: Bedford St Duplexes N Applicant: Dave Greeno/Big Sky Developers, LLC W+E wM on MW M n4p MA 16 h, ME 1 16JFJFJF 16 Old 0011:10 J Public CD 64 auu- 7■ 11 110 210 420 630 84# I low • p e R • ' R www�wwwrww■ All BU Legend R Land Use Classifications -Airport Reserve J -Commercial MIT Confederated'nbes-Colville i DNR Reserve — High Density Residential SAM _ lndustnal i Low Density Residential e Medium Density Residential - Medium High Density Residential - Mixed Residential&Commercial ®Mixed Use Interchange Mixed Use Neighborhood Mixed Use Regional Off Ice RAsk - ©pen Space Parks r - Public Ouasi-Public am Broadmoor Planning Area #'t s_a. a► L tom....: City LIm115 EXHIBIT 1 Proposed-Urbz N Applicant: Big Sky Developers,LLC COMPREHENSIVE PLAN LAND USE MAP Rezone from C-1 to R-3 BEDFORD STREET DUPLEXES - REZONE APPLICATION Parcel#115430179 Site Size: 6.9 Acres u Lmos- . . . . 0 QHS Legend OUrban Growth Boundary L1hICsTO ImR-S- HER ®CIryLImRs ky D NS {R Zoning Lx P r.7 ON ' -RS•20 SUBURBAN MSA r..- AN CC �� U -RS-12SUBURBAN NZ M ES I _ TUDE5AKE ��• �a_ 15UBUR6AN -R.S.IIPUD SUBURBAN PLANNED-UNIT DEVELOPMENT - o PAC KA6tD , q q91 -R-}LOW DENSITY RESIDENTIAL 07 `+ MS" w p DESOTO CANYON R•I?PUD LOW DENSITY RESIDENTIAL PLAMNEQ•UNiT DEVELOPMENT C 4 QJ 1A � -R.I-A LOW DENSITY REsor-NTMIL ALTERNATE L( R f"F R-1-A2 LOW DENSITY RESIDENTIAL ALTERNATE R'1 .2 MEDIUM DENSITY RESIDENTIAL (� DE �W R3 MEDIUM DENSIT7 RESIDENTIAL , LU R "� IV G -R•4 HIGH DENSI?Y RESIDENTIAL A RP RESIDENTIAL PARK ? 1 Q G 9 a zA A RT RESIDENTIAL TRANSITION R 18x p O -o'OFFICE BP BUSINESS PARK NGS URY'-�, ®C-1 RETAIL BUSINESS -C-2 CENTRAL BUSINESS C-3 GENERAL BUSINESS ~3PIEDE - -CRREGIONAL COMMERCIAL C QU 1.1 LIGHT INDUSTRIAL f� 1.2 MEDIUM INDUSTRIAL ,f PALO INO NO _1.3 HEAVY INDUSTRIAL P CHE N '' SHE LAND ERSE k T Applicant: Big Sky Developers,LLC H SHIRE Rezone from C-1 to R-3 r� LTES �' Parcel#115430179 EXHIBIT 2 Site Size: 6.9 Acres N ZONING MAP BEDFORD STREET DUPLEXES - REZONE APPLICATION 1 T OMNI,lilts : x ... � �.� r wi.. rr�wZ■.� Olmn BIG SKY DEVELOPERS LLC f' ♦r �� --mss ±4 r• .r �r ►l�rorm IL T Applicant: Big Sky Developers,LLC EXHIBIT 3 Rezone from C-1 to R-3 ASSESSOR'S MAP Parcel#115430179 BEDFORD STREET DUPLEXES — REZONE APPLICATION site size: 6.9 Acres + y r - Af=, �' 'j ■ i ■ ■ hi!F- Ilkww WrYAW A% x 6 EXHIBIT 4 Applicant: Big Sky Developers,LLC Rezone from C-1 to R-3 N VICINITY MAP Parcel#115430179 BEDFORD STREET DUPLEXES — REZONE APPLICATION Site Size: 6.9 Acres PROJECT INFO cn awW w R li SITE INFORMATION W PARCEL N0: 115430154,115430165,115430166 k 11543DI67. J 589'55.40"334.0' ;' SITE ADDRESS NO GIVEN ADDRESS S89'55'401 266.0' !,,.S u SITE AREA: 6.9 AC(299,030 SF) co O OWNER/APPLICANT: Lu W o 'I I BIG SKY DEVELOPERS,LLC 12406 EAGLE REACH COURT O LI- •,i' PASCO,WA 99301 74 �3 ® � © ® 10 1I 12 13 44 15 ie 14'SIDE YARD PH.509.521.4834 I __FSETBACK CONTACT: DAVE GREENO N QO U `t I I CIVIL ENGINEER 5'SIDEWALK ALONG FRONTAGE AOTERA ENGINEERING 2705 ST ANDREWS LOOP,SUITE C 0 0 LL PASCO,WA 993D1 Q I�j I PH.509.845.0208 W - •�EXIT ONLY CONTACT:CALEB STROMSTAD,PE m — — —� NORMLN I SURVEYOR Z !',° o f i AHBL,INC 5804 ROAD 90,SUITE H PASCO,WA 99301 PH.509.3805863 CONTACT: JOHN BECKER,PLS Q BASIS OF BEARING d. ® O O < 31 ® ® ® O ® O I I N NAD 1983/11 X103'30'42' �� WASHINGTON STATE PLANE SOUTH PROJECTION,BASED ON GPS W R=55.00' 'x: OBSERVATIONS USING WSRN AND GEDID 2012A. I. _ L=99.4 I UNITS OF MEASUREMENT ARE US SURVEY FEET- PARKING EX 10' VERTICAL DATUMGATED EMERGENCY VEHICLES ' ACCESS AND PEDESTRIAN UTIL ESMT ROW NAVD 1988 VERTICAL DATUM ON ORTHOMETRICALLY CORRECTED GPS ACCESS PATHWAY / I it OBSERVATIONS USING WSRN AND GEOID 2012A. Lf. a46'34'o3� � ,"I -PARKING1-PARKING Ij•. IIS SURVEY EQUIPMENT USED Q R=25-00' , 3"TOTAL STATION UTILIZING STANDARD FIELD TRAVERSE METHODS CZ L=20.3' 3S 36 37 w 38 39 40 ¢1 42 43 44 19 t o ,I TOPCOFOR NGR5LUSING AND SWASHING70N STATE REFERENCE NETWORK. G j : I UTILITIES/SERVICES J , MIDLAND AND BEDFORD ACCESS CITY OF PASCO W J € INTERNAL ACCESS: PRIVATE MO ® I a 5'SIDEWALK—/" - - WAST 3 CITY OF RS ALL PRIVATE? I $ i � f (COP METERS ALLOWED PER INDIVIDUAL DWELLING UNIT?) ALONG FRONTAGE "s-m I WL_IV FRONTAGE PARKING _ g I i ! I STORMWATER: PRIVATE N; SEWER:PRIVATE INTERNAL SEWER WITH CONNECTION TO COP II g $ I u O SEWER IN BEDFORD ST �_ � I _ tw -B o ! it IRRIGATION CITY OF PASCO DOMESTIC WITH APPROVED ZI6 j BACKFLOW PREVENTION PO�V�R: BIG BEND ELECTRICAL COOPERATIVE I d 11 AI ` I I I COMMUNICATION: CHARTER a '.I ® O O 5l ® 49 ® 47 ® ® 6' 18' 44' I 14 REAR YARD SETBACK LAND USE INFORMATION o 0 34' 34' ?,.Z I (BASED ON BUILDING HEIGHT) PROPOSED USE:RESIDENTIAL DUPLEX UNITS N I EXISTING FOUR PARCELS TO BE CONSOLIDATED INTO ONE PARCEL w Lu W -PARKING I NUMBER OF UNITS:84 j GROSS AREA: 6.9 AC - - -- u ` GROSS DENSITY: 12.2 DU/AC ® I I• I CURRENT LAND USE: COMMERCIAL o ® 45' S' 34 _ 34' 6' P FUTURE LAND USE: MIXED RESIDENTIAL AND COMMERCIAL u'REAR YARD SETBACK 44' S DO ® 57 <® 59 ® 6i ® PARKING I k PROPOSED ZONING: R-3 MEDIUM DENSITY RESIDENTIAL i (BASED ON BUILDING HEIGHT) I f.I j SETBACKS I e SEE SHEET DIMENSIONS Z PARKING % C _ _ �i � ` 3 SPACES PER UNIT.(2 IN DRVWY,1 IN GARAGE)=252 �41 g STRIPED"OFF-STREET"SPACES: 19 a I soirlxlry - ''� PARALLEL"ON-STREET"SPACES: 30 _Z y �- (, 'I I '•,: TOTAL SPACES: 301 TOTAL - ONE-WAY DIRECTION I ENTRANCE ONLY EX 10 __•) OF TRAVEL(TYP) I f is UT1L ESMT' O,°.� I N I I F I Ex so' 1 /� 78 O 76 75 74< 73 O 71 1 _. , Row {! -. IN 14'SIDE YARD t I ® ® ® 67 ® ® I SETBACK - - - - ' II -N8955'401E 300-.0 - - - � I IP y � � r x- SO'D4'20'E 14.13 L N89'55'47E 300.0' ' I � LOT BOUNDARY(TYP) _ BLDG/UNIT FOOTPRINT(TYP) m I SHEET 4 I 30' 0 15 30 60' O 1 _ OF SCALE: 1" = 30' 0 .1 Real Estate Commercial Real Estate Office vacancy rates in the United States from 2nd quarter 2019 to 1st quarter 2021 DOWNLOAD .n PDF ipj ALS Pt.ss %j` PPT t5% i SS. Sources �. Show sources information .. —�Show publisher information ti 13ti Release date April,202 r� Region United State 11 Survey time period to.2x t0X Q22019to.1 2021 Supplementary notes The source goes not provide ftgu 9% CA 209 Gt 4020 62:702) W.-2. tea_u:d• Qi 200. C$cavo.2021 m O MOKoohi+n!ormuuor. 5.0.www O Office vacancy rates in the U.S.2019.2021 https://www.statista.com/statistics/194054/us-office-vacancy- Pubhshed byStattsta Research Department May 31 20 rate-forecasts-from-2010/ illion EXHIBIT 5 OFFICE VACANCY RATES Applicant: Big Sky Developers,LLC BEDFORD STREET DUPLEXES — REZONE APPLICATION Rezone from C-1 to R-3 Parcel#115430179 Site Size: 6.9 Acres Technov lecommunications• iT Semces Change in remote work trends due to COVID-19 in the United States in 2020 DOWNLOAr 60% PDF XLS 47% 44% 40% Source 34% —Show sources infer matniN -� Show publMer information Release date 1S% 204 13% Apnt2020 Region tOk to% 9% Vruteo i:3Se. �% � 6% Survey time period April 202Ct oa — 4c.c+ aay pet,Vttk t-1(layS Per~seek ­4 dd}i per Aet• +-(lays ye+aee. Number of respondents 365 respondent 0 WoreCOV1049 • AfterCOVID-19 Special properties frnolorr SCO'JSCa..T�' o Addn*nal?�formauon show source o EXHIBIT 6 Applicant: Big Sky Developers,LLC REMOTE WORK TRENDS Rezone from C-1 to R-3 BEDFORD STREET DUPLEXES— REZONE APPLICATION Parcel#115430179 Site Size: 6.9 Acres City of co 4 . IT f ip. 0vsSco City Of og ' ` �,'�.� ems. "�:, iut_�lr f. :•yam yam • •^ M ry F'� ~l ' Y y� . ",A 4+�W7. w M • �•� '-xe• + yu ' Nftheas* - �`• ++'rile _� • 1 M � _ _ S"� � 't �"► � n F'`.� I`A� k-1 At! MV 1 - YSf _ .�-�'.e$�" '.� ... .... "-i',:"_!, •... .! 111 -. '" v., t .a, .�:• i4' ! .;.•9'' =,�,.:{ 1 V. ..'fir• . _ h'.� - - 'f" 's� r _�^.{.: �4 qty � , '•�'`r%.� �,:L`•. 'Ei y p" �+!.''§:�+r :': :�.,"• �;'r`fid..i.3.�.•�.r y'�`�]' h- � .ti„ _ `� r': ii. - -,,�t,�.r,7 .^�"✓t'�• ! ��ay.�... .. r=i . Je Y' .JL. I: ,e,1�...�A 4:'•�,� LLL _ �� •}• ` ,.��' S"�. ,'Y� � �'K�`"� i.f.'� ':iy'f+'• J.i4'r?.il'�• Sre•. 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Community& Economic Development Department Fee: $825 coPO Box 293, 525 N 3"Ave, Pasco,!�' A 99301 F: 509..545.3441 F:509.545.3499 CITY OF PASCO PETITION FOR ZONE CHANGE Master File # 2,to1G1- 01a Date Submitted: 10 ®;/ Applicant Representative Owner/Applicant Info -ewnertFnfo cif-miff ercrtttMta�ra�+tea�� Name: Name: Big Sky Developers, LLC/Dave Greeno Agtera Engineering/Caleb Stromstad Address: Address: 5426 N Road 68, Box D-113 2705 St Andrews Lp, Ste C Pasco, WA 99301 _ Pasco, WA 9.9301 Phone: Phone: (509) 521-4834 (509) 845-0208 Email: Email: ccolre@aol.com caleb@agtera.com Project Address:None assigned. Site is located west of Midland Lane, east of Bedford Street Project Parcel Number: 115430179 Current Zoning: C-1 Retail Business Requested Zoning:.R-3 Medium Density Residential Describe the nature and effect of the proposed change: Refer to attached narrative Estimated time frame of development: Refer to attached narrative. Updated July 2019 • What conditions warrant the proposed rezone? Refer to attached narrative. How will the proposed rezone advance the health, safety, and general welfare of the community? Refer to attached narrative. What effect will the proposed change have on the value and character of adjacent property? Refer to attached narrative. How does the proposed rezone relate to the City's Comprehensive Plan? Refer to attached narrative. What effect will be realized by the owner(s) if the proposed rezone is not granted? Refer to attached narrative. 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. L7 Community& Economic Development Department Fee:$825 PO Box 293, 52.5 N 3rd Ave, Pasco,WA 99301 P: 509.545.3441./F: 509545.3499 Fee for Rezone - $700.00 Environmental Checklist - $ 75.00 Radius Notification - 50.00 $825.00 0 SEPA Checklist Mite map 0 Fee of$825 r 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 thetat of Washington, duly commissioned an sworn, personally appeared Gto'd ��"'e er i u 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. SUBSCRIBE ' before me this 17 ' day of 140 who x Notaryubli in d f t o St of W shington �Ijj� y�A Residing ��•��•�~�`• My Commission expires Updated July 2019 • Community& Fconor :;c Development Department Fee:$825 Pd O PO Box 203.525 N 3" Wo, Pasco,WA 99301 P: / G'::1t)9.545.3499 CITY OF PASCO PETITION FOR ZONE CHANGE INITIATION OF AMENDMENTS: Zoning Map: 1. Any person, firm, corporation, group of individuals, or municipal department may petition for a zone change with the following exceptions: i. If the person, firm, corporation or group of individuals does not have legal ownership of the parcel of land under consideration for rezoning, the petition shall not be accepted. All petitions submitted must contain the notarized signature of the legal owner of the property. The legal owner is considered to be the owner of record. ii. A person, firm, corporation of group of individuals may not submit, in any one year, more than one petition requesting a zone change from the property's present zone to another particular zone for the same parcel of land, provided, within the one year period, a person, firm, corporation or group of individuals may submit another petition requesting a zone change from the property's present zone to a zone other than the zone previously requested in the earlier petition. 2. The City Council, upon its own motion, may request the Planning Commission hold an open record hearing on the reclassification cf a par el-or parcels of property. 3. The Planning Commission may initiate-an open record hearing on the reclassification of a parcel or parcels of property. CONFLICT WITH COMPREHENSIVE PLAN: In the event any proposed amendment, supplement, change to or repeal of Chapters 25.04 through 25.88 is in conflict with the Comprehensive Plan, said amendment or change shall not be entertained until and if the comprehensive plan is amended. REQUIREMENTS: 1. Fee of$825 ($700 application fee + $75 SEPA fee + $50 radius notification fee) 2. Completed SEPA form 3. The property owner's notarized signature acknowledging the application PUBLIC HEARING: After completion of an open record hearing on a petition for reclassification of the property, the Hearing Examiner shall make and enter findings from the records and conclusions thereof which support its recommendation and find whether or not: 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; c. There is merit and value in the proposal for the community as a whole; Updated July 2019 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; The Hearing Examiner shall render his/her recommendation to approve, approve with modifications and/or conditions, or reject the petition based on its findings and conclusions. The Hearing Examiner's recommendation, to include his/her findings and conclusions, shall be forwarded to the City Council at a regular business meeting thereof. CITY COUNCIL: Unless a proper and timely appeal is filed or the City Council by majority vote deems further review is necessary, the recommendation of the Hearing Examiner shall be effected by proper action of the City Council without further review. CONCOMITANT AGREEMENT: The City may enter into an agreement with the petitioner whereby the City will grant the requested zone change conditioned upon the petitioner entering into a covenant with the City restricting the use and/or development of the subject property. Provisions of the agreement may relate to any or all of the following aspects of the use of petitioner's property: a. Setback. b. Use of building or property. c. Type of business. d. Height of building. e. Size of building. f. Size of subdivision of property. g. Density. h. Landscape. i. Street, sidewalk and curb improvement and easements and rights-of-way for such. j. Public utility improvements and easements and rights-of-way for such. k. Time frame for commencement or completion of the proposed construction or development. In the event a concomitant agreement includes a specified time frame for the proposed development, it may further provide that failure to conform to the specified time frame shall cause the zone change granted therein to revert to the zone existing immediately prior to said zone change. BEDFORD STREET DUPLEXES--REZONE APPLICATION PROJECT NARRATIVE Describe the nature and effect of the proposed change. The proposed rezone would implement the City's comprehensive plan by assigning a Medium Density Residential zone on property that the plan designates as suitable for Medium Density Residential (See attached Exhibit#1.)The current zoning is C-1 Retail Business District. (See attached Exhibit#2.) Approval of the rezone would result in multi-family development on the 6.9-acre site located East of Bedford Street, West of Midland Lane and approximately five hundred feet North of Sandifur Parkway (See attached Exhibits#3 &#4.) Estimated time frame of development: Project design and building permit submittal would immediately follow approval of this rezone application, with construction completed by late 2023. What conditions warrant the proposed rezone? The potential for commercial development of this site is limited due to its distance from commercial collector or arterial streets such as Sandifur Parkway, which is more than five hundred feet away from the site. The more intensive retail uses generally develop along commercial arterial streets where there are greater traffic volumes and better visibility. Commercial uses that do not depend upon high traffic volumes, such as offices and personal services, would be most likely located on commercial side streets like the ones that abut the site, but with the recent pandemic,office uses are no longer in demand. Additionally, there are already two medical offices to the west and additional office space to the south. Office vacancy rates have increased dramatically during COVID-19. Nationally, office vacancy rates were above 16% during the first quarter of 2021 (See attached Exhibit#5.) As we recover from the impacts of the pandemic,office vacancy rates will likely decrease, but the demand for new office space will be nonexistent for the near term. Further,work trends have changed due to COVID, as workers in many industries have been forced to work from home. In 2020,44%of office workers worked remotely(see Exhibit 6). It is unknown whether any or all these workers will return to the office or continue working from home. The decreased need for office space may continue into the foreseeable future. In contrast, the demand for additional residential development is clear.The dramatic increase in real estate values locally and the shortfall of available homes for sale and low rental vacancy rates attest to this fact. How will the proposed rezone advance the health,safety,and general welfare of the community? Development of the site with multi-family residences will put the property to beneficial use by providing for a needed increase in the City's housing supply. Further, multi-family residential development of the site will provide a nice transition from the commercial uses to the south and the adjacent residential development to the north. Bedford Street Duplexes—Rezone Application Narrative Page 1 of 3 What effect will the proposed change have on the value and character of adjacent property? Medium Density Residential development of the site would be completely compatible with the type and character of the existing residential neighborhood located immediately adjacent to and north of the site and would serve to protect property values of the existing neighborhood.The addition of residential units on the site would add to the local customer base and would therefore benefit existing and future commercial uses along and near the Sandifur Parkway corridor. How does the proposed rezone relate to the City's Comprehensive Plan? The Comprehensive Plan designation of the site is Medium Density Residential,so the proposed rezoned to Medium Density Residential is entirely consistent with the plan. Additionally,the rezone would help to implement several policies contained within the plan as follows: LU-2. GOAL: PLAN FOR A VARIETY OF COMPATIBLE LAND USES WITHIN THE UGA LU-2-D Policy:Encourage the use of buffers or transition zones between noncompatible land uses. Comment: The proposed rezone would provide for residential development similar in nature and type to the existing residential neighborhood located adjacent to and north of the site.The rezone area would effectively provide a transition between the existing residential neighborhood and commercial zoning to the south of the site along the Sandifur Parkway corridor. LU-4. GOAL: INCREASE COMMUNITY ACCESSIBILITY THROUGH PROPER LAND USE PLANNING LU-4-B Policy:Encourage infill and higher density uses within proximity to major travel corridors and public transportation service areas. Comment: The proposed rezone would provide for higher density residential development located several hundred feet away from Sandifur Parkway, which is a major travel corridor served by public transportation. LU-5.GOAL: MAINTAIN A BROAD RANGE OF RESIDENTIAL LAND USE DESIGNATIONS TO ACCOMMODATE A VARIETY OF LIFESTYLES AND HOUSING OPPORTUNITIES LU-5-B Policy: Encourage higher residential densities within and adjacent to major travel corridors, Downtown (Central Business District), and Broadmoor. Comment: The proposed rezone would provide for some higher density residential development in a location that is near Sandifur Parkway,which is a major travel corridor. H-1. GOAL: ENCOURAGE HOUSING FOR ALL ECONOMIC SEGMENTS OF THE CITY'S POPULATION CONSISTENT WITH THE LOCAL AND REGIONAL MARKET H-1-A Policy:Allow for a full range of housing including single family homes, townhouses, condominiums, apartments, and manufactured housing, accessory dwelling units, zero lot line,planned unit developments etc. Bedford Street Duplexes— Rezone Application Narrative Page 2 of 3 r Comment: The proposed rezone would provide for multi-family residential development and would add to the mix of desired housing types that the plan anticipates. H-1-e Policy: Higher intensity housing should be located near arterials and neighborhood or community shopping facilities and employment areas. Comment: The proposed rezone would provide for multi-family residential development that would be located several hundred feet from Sandifur Parkway, which is an arterial street that contains both commercial facilities and employment areas. What effect will be realized by the owner(s) if the proposed rezone is not granted? As described above, the site is not well suited for retail commercial development and the market for office space is nonexistent into the foreseeable future. Denial of the proposed rezone would leave the property owners without viable opportunities to develop the site. Bedford Street Duplexes— Rezone Application Narrative Page 3 of 3 v4i4co : Community Development Department PO Box 293,525 N 3"Ave, Pasco, WA 99301 P:509.545.3441/F:509.545.3499 DETERMINATION OF NON-SIGNIFICANCE (Optional DNS Process) Issuance Date: 23 July 2021 Project Name: Bedford St Duplexes C-1 TO R-3 Rezone Project Number: SEPA 2021-048 &Z 2021-010 Proponent: Big Sky Developers, LLC/Dave Greeno 5426 N Road 68, Box D-113 Pasco, WA 99301 Applicant: Aqtera Engineering/Caleb Stromstad 2705 St Andrews Loop Ste C Pasco, WA 99301 Description of Proposal: Rezone from C-1 (Retail Business)to R-3 (Medium Density Residential) a portion of the Northwest % of Section 8, Township 9 North, Range 29 East, W.M., defined as follows: Lots 4 through 7 of Binding Site Plan 2002-05, records of Franklin County, Washington. Location of Proposal: Located between Bedford Street and Midland Lane approximately 500 feet north of Sandifur Parkway, in Pasco, WA (Parcel 115430179). 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 DNS is issued after using the optional DNS process in WAC 197-11-355.There is no further comment period on the DNS. Appeals must be filed within within 10 days of this determination. JResponsible Official: e_1 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.