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HomeMy WebLinkAbout2022.03.07 Council Meeting PacketAGENDA City Council Regular Meeting 7:00 PM - Monday, March 7, 2022 City Council Chambers & GoToWebinar Page 1. MEETING INSTRUCTIONS for REMOTE ACCESS - Governor Inslee's Heathy Washington - Roadmap to Recovery, Phase 3 made in response to the COVID-19 emergency, currently allows for partial "in-person" meetings. Members of the public wishing to attend City Council meetings in-person will need to follow the Governor's protocol outlined in Proclamation No. 20-28.15. Individuals, who would like to provide public comment remotely, may continue to do so by filling out the online form via the City’s website (www.pasco- wa.gov/publiccomment) to obtain access information to comment. Requests to comment in meetings must be received by 4:00 p.m. on the day of each meeting. To listen to the meeting via phone, call (631) 992-3211 and use access code 613-585-088. City Council meetings are broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco- wa.gov/psctvlive and on the City’s Facebook page at www.facebook.com/cityofPasco. 2. CALL TO ORDER 3. ROLL CALL a) Pledge of Allegiance 4. CONSENT AGENDA - All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Council members or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. 5 - 14 (a) Approval of Meeting Minutes Page 1 of 159 To approve the minutes of the Pasco City Council Regular Meeting and Regular Workshop held on February 22, 2022 and February 28, 2022. 15 - 16 (b) Bills and Communications To approve claims in the total amount of $3,707,967.39 ($2,158,048.82 in Check Nos. 246900-247134; $668,275.71 in Electronic Transfer Nos. 834498-834523, 834531-834539, 834562-834647, 834650- 834720, 834722-834748, 834756-834758, 834762-834794, 834796- 834850; $15,362.13 in Check Nos. 53843-53852; $866,210.66 in Electronic Transfer Nos. 30172047-30172574; $70.07 in Electronic Transfer Nos. 866-867). 17 - 21 (c) Resolution - Bid Award for the Water Main Replacement - Maple Drive AC Main (Road 100 to Road 103) To approve Resolution No. 4156, awarding Bid No. 20030 for the Water Main Replacement - Maple Drive AC Main (Road 100 to Road 103) project to P&H Construction, LLC of Loon Lake, WA and further authorize the City Manager to execute the contact documents and allowing all necessary budget adjustments. 22 - 29 (d) Resolution - Termination of Mid-Columbia Regional Cable Commission & Interlocal Agreement To approve Resolution No. 4157, authorizing the termination of the Mid-Columbia Regional Cable Commission and the Interlocal Agreement establishing the Commission between the Cities of Kennewick, Richland, and Pasco. RC) MOTION: I move to approve the Consent Agenda as read. 5. PROCLAMATIONS AND ACKNOWLEDGEMENTS 6. VISITORS - OTHER THAN AGENDA ITEMS - This item is provided to allow citizens the opportunity to bring items to the attention of the City Council or to express an opinion on an issue. Its purpose is not to provide a venue for debate or for the posing of questions with the expectation of an immediate response. Some questions require consideration by Council over time and after a deliberative process with input from a number of different sources; some questions are best directed to staff members who have access to specific information. Citizen comments will normally be limited to three minutes each by the Mayor. Those with lengthy messages are invited to summarize their comments and/or submit written information for consideration by the Council outside of formal meetings. 7. REPORTS FROM COMMITTEES AND/OR OFFICERS a) Verbal Reports from Councilmembers Page 2 of 159 8. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO 9. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS 30 - 79 (a) *Q Ordinance - Columbia Basin Health Association RT to C-1 Rezone (Z 2021-018) MOTION: I move to adopt Ordinance No. 4581, rezoning property located near the southeast corner of Road 68 and Burns Road from R- T to C-1, and further, authorize publication by summary only. 80 - 124 (b) *Q Ordinance - Valdez C-1 to R-3 Rezone (Z 2021-019) MOTION: I move to adopt Ordinance No. 4582, rezoning a parcel located at 523 West Bonneville Street from C-1 to R-3, and further, authorize publication by summary only. 125 - 128 (c) Resolution - Single Room Occupancy (SRO) Housing MOTION: I move to approve Resolution No. 4158, declaring a moratorium prohibiting permitting Single Room Occupancy (SRO) Housing and conversion thereto in the City of Pasco, pending study of impact and best development practices and policy. 129 - 153 (d) *Resolutions - Project Acceptances - 1) South Maitland Lift Station; 2) 9th & Washington Lift Station; 3) West Court Street Overlay (road 32 to road 40); 4) Road 68 Widening - South of I-182 MOTION: I move to approve Resolution No. 4159, accepting work performed by C&E Trenching, LLC. under contract for the South Maitland Lift Station project. MOTION: I move to approve Resolution No. 4160, accepting work performed by C&E Trenching, LLC. under contract for the 9th and Washington Lift Station project. MOTION: I move to approve Resolution No. 4161, accepting work performed by Central Washington Asphalt, Inc. under contract for the West Court Street Overlay project. MOTION: I move to approve Resolution No. 4162, accepting work performed by Central Washington Asphalt, Inc. under contract for the Road 68 Widening - South of I-182 project. 10. UNFINISHED BUSINESS Page 3 of 159 11. NEW BUSINESS 12. MISCELLANEOUS DISCUSSION 13. EXECUTIVE SESSION a) Discussion with Legal Counsel About Current or Potential Litigation per RCW 42.30.110(1)(i) (15 minutes) 14. ADJOURNMENT 15. ADDITIONAL NOTES a) (RC) Roll Call Vote Required Item not previously discussed Q Quasi-Judicial Matter MF# “Master File #....” 154 - 159 (b) Adopted 2020-2021 Council Goals (Reference Only) c) REMINDERS Thursday, March 10, 4:30 PM: Pasco School District (PSD) Skilled & Technical Advisory Committee – Virtual COUNCILMEMBER DAVID MILNE) Thursday, March 10, 7:00 PM: Ben Franklin Transit Board Meeting – Transit Facility (COUNCILMEMBER JOSEPH CAMPOS Rep.; MAYOR PRO TEM CRAIG MALONEY, Alt.) Monday, March 14, 11:45 AM: Pasco Chamber of Commerce Membership Lunch Meeting – Pasco Red Lion Hotel This meeting is broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Servicio de intérprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal dos días antes para garantizar la disponibilidad. (Spanish language interpreter service may be provided upon request. Please provide two business day's notice to the City Clerk to ensure availability.) Page 4 of 159 AGENDA REPORT FOR: City Council March 2, 2022 TO: Dave Zabell, City Manager City Council Regular Meeting: 3/7/22 FROM: Debra Barham, City Clerk Administrative & Community Services SUBJECT: Approval of Meeting Minutes I. REFERENCE(S): 02.22.2022 & 02.28.2022 Draft Council Minutes II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the minutes of the Pasco City Council Regular Meeting and Regular Workshop held on February 22, 2022 and February 28, 2022. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 5 of 159 MINUTES City Council Regular Meeting 7:00 PM - Tuesday, February 22, 2022 City Council Chambers & GoToWebinar CALL TO ORDER The meeting was called to order at 7:00 PM by Blanche Barajas, Mayor. ROLL CALL Councilmembers present: Blanche Barajas, Craig Maloney, Joseph Campos, Pete Serrano, Nikki Torres, David Milne, and Zahra Roach Councilmembers absent: None Staff present: Dave Zabell, City Manager; Adam Lincoln, Deputy City Manager; Colleen Chapin, Human Resources Director; Craig Briggs, Assistant City Attorney; Bob Gear, Fire Chief; Zach Ratkai, Administrative & Community Services Director; Ken Roske, Police Chief; Richa Sigdel, Finance Director; Rick White, Community Economic Development Director; Steve Worley, Public Works Director; and Debby Barham, City Clerk. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA Approval of Meeting Minutes To approve the minutes of the Pasco City Council Regular Meeting and Regular Workshop held on February 7, 2022 and February 14, 2022. Bills and Communications To approve claims in the total amount of $4,626,316.76 ($2,765,673.34 in Check Nos. 246637-246899; $998,167.88 in Electronic Transfer Nos. 834721, 834749, 834752-834755, 834759-834761; $3,946.39 in Check Nos. 53839-53842; 858,529.15 in Electronic Transfer Nos. 30171520-30172046). Page 1 of5Page6of159 To approve bad debt write-off for Utility Billing, Ambulance, Cemetery, General Accounts, Miscellaneous Accounts, and Municipal Court (non-criminal, criminal, and parking) accounts receivable in the total amount of $277,023.17 and, of that amount, authorize $0.00 to be turned over for collection. Resolution - Orthophoto Mapping Intergovernmental Agreement To approve Resolution No. 4151, authorizing the City Manager to execute an InterGovernmental Agreement with Benton County for Aerial Photography and Orthophoto Mapping of Areas within the City of Pasco. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Torres RC) MOTION: to approve the Consent Agenda as read. RESULT: Motion carried unanimously 7-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Campos, Councilmember Serrano, Councilmember Torres, Councilmember Milne, and Councilmember Roach VISITORS - OTHER THAN AGENDA ITEMS Mark Middleton, Pasco resident, commented on AirBNBs and his Accessory Dwelling Unit (ADU) located on his property. He asked Council to change the Pasco Municipal Code to allow AirBNB rentals within the City. REPORTS FROM COMMITTEES AND/OR OFFICERS Verbal Reports from Councilmembers Mayor Pro Tem Maloney commented on the Pasco Public Facilities District Board meeting he attended recently and he also noted that he testified on behalf of the City with the House and Senate Transportation Committees for a multimodal transportation project over the Sylvester Street overpass over US-395. Mr. Campos commented on the Benton, Franklin & Walla Walla Counties Good Roads & Transportation Association meeting he attended recently. Ms. Torres commented on the Downtown Pasco Development Authority (DPDA) meeting she attended recently and she announced the Peanuts Park grand opening is scheduled for March 11, 2022. Endorsement of Nomination - Naval Air Station (NAS) Pasco Tower National Society Daughters of the American Revolution (NSDAR) (HIST 2022-001) Mr. White introduced Historic Preservation Commission Chair Dan Stafford and member Malin Bergstrom. Page 2 of5Page7of159 Mr. Stafford and Ms. Bergstrom provided a brief update on the Historic Preservation Commission's activities including the Historic Preservation Award Ms. Bergstrom received from the National Society of Daughters of the American Revolution for her efforts in preserving the Naval Air Station (NAS) Pasco Air Traffic Control Tower. General Fund Monthly Report - December 2021 Ms. Sigdel provided a brief report on the General Fund account. Mayor Pro Tem Maloney asked for a status of the American Rescue Plan Act ARPA) funding including what has been expended, allocated and what funding is remaining to be distributed out to various projects and priorities. Ms. Sigdel stated staff is waiting for a report for the Life Safety issue within the downtown area and will bring that report to Council after it is received from the consultant. She also announced that a report from the Pasco Chamber of Commerce for the Business Assistance program will be coming to Council at the next workshop. Mayor Pro Tem Maloney also asked for a status of the homelessness, substance abuse and mental health issues and how ARPA funds can address those issues as it relates to vitality of the Pasco downtown area. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS Ordinance - Amending the PMC to Establish a Fiduciary Fund for the Receipt and Transmittal of Funds to the Administrative Office of the Courts Ms. Sigdel provided a brief report on the required establishment of a fiduciary fund for the receipt and transmittal of Funds to the Administrative Office of the Courts. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Roach to adopt Ordinance No. 4580, establishing a fiduciary fund for the receipt and transmittal of the funds to the Administrative Office of Courts, create a new Chapter 3.237 "Administrative Office of the Courts Fund" of the PMC, and further, authorize publication by summary only. RESULT: Motion carried unanimously 7-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Campos, Councilmember Serrano, Councilmember Torres, Councilmember Milne, and Councilmember Roach Page 3 of5Page8of159 Resolutions - Project Acceptances - 1) PWRF Irrigation Pump Station, 2) Columbia East Forcemain, 3) Grimmway Connection to Columbia East, 4) PWRF Pipe Modifications Mr. Zabell introduced Construction Manager Kent McCue who provided a brief overview of the four (4) Public Works projects ready to be closed and accepted by Council. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Milne to approve Resolution No. 4152, accepting work performed by Apollo, Inc. under contract for the Irrigation Pump Station project. RESULT: Motion carried unanimously 7-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Campos, Councilmember Serrano, Councilmember Torres, Councilmember Milne, and Councilmember Roach MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Roach to approve Resolution No.4153, accepting work performed by DW Excavating, Inc. under contract for the Columbia East Force Main project. RESULT: Motion carried unanimously 7-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Campos, Councilmember Serrano, Councilmember Torres, Councilmember Milne, and Councilmember Roach MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Campos to approve Resolution No.4154, accepting work performed by C&E Trenching, LLC. under contract for the Grimmway Connection to Columbia East project. RESULT: Motion carried unanimously 7-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Campos, Councilmember Serrano, Councilmember Torres, Councilmember Milne, and Councilmember Roach MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Campos to approve Resolution No.4155, accepting work performed by DW Excavating, Inc. under contract for the Process Water Reuse Facility (PWRF) Pipe Modifications project. RESULT: Motion carried unanimously 7-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Campos, Councilmember Serrano, Councilmember Torres, Councilmember Milne, and Councilmember Roach Page 4 of5Page9of159 MISCELLANEOUS DISCUSSION Mr. Zabell stated that the City's first open house forum was held Pasco Chamber of Commerce on February 17, 2022. He also announced the next open house is scheduled for Thursday February 24th and it will be conducted virtually starting at 6:00 PM. He noted that the topics discussed during these forums will be presented to City Council at their upcoming retreat. Mayor Barajas announced that the Tri-Cities Hispanic Chamber of Commerce is seeking volunteers for their "Point in Time Count" related to the homeless within the community and it is scheduled for February 24, 2022. ADJOURNMENT There being no further business, the meeting was adjourned at 7:46 PM. PASSED and APPROVED this ____ day of ________________, 20__. APPROVED: ATTEST: Blanche Barajas, Mayor Debra Barham, City Clerk Page 5 of5Page10of159 MINUTES City Council Workshop Meeting 7:00 PM - Monday, February 28, 2022 City Council Chambers & GoToWebinar CALL TO ORDER The meeting was called to order at 7:00 PM by Blanche Barajas, Mayor. ROLL CALL Councilmembers present: Blanche Barajas, Craig Maloney, Joseph Campos, Pete Serrano, David Milne, Zahra Roach, and Nikki Torres Councilmembers absent: None Staff present: Dave Zabell, City Manager; Adam Lincoln, Deputy City Manager; Colleen Chapin, Human Resources Director; Craig Briggs, Assistant City Attorney; Jeff Briggs, Assistant City Attorney; Bob Gear, Fire Chief; Zach Ratkai, Administrative & Community Services Director; Ken Roske, Police Chief; Richa Sigdel, Finance Director; Rick White, Community & Economic Development Director; Steve Worley, Public Works Director; and Debby Barham, City Clerk. The meeting was opened with the Pledge of Allegiance. VERBAL REPORTS FROM COUNCILMEMBERS Mr. Campos commented on the ride-a-long with a Pasco Police Department Officer recently. Mr. Milne commented on the Colima-Pasco Friendship & Collaboration Association COPA) meeting he recently attended. Mayor Barajas commented on the meeting she participated in with Washington State Governor Inslee last week to address homelessness in the community. Page 1 of4Page11of159 ITEMS FOR DISCUSSION American Rescue Plan Act (ARPA) Funds Business Support Program with Pasco Chamber of Commerce Update Ms. Sigdel introduced Colin Hastings, Executive Director with the Pasco Chamber of Commerce who provided a report on the Business Support Program, which was funded with the ARPA funds. Rolando Rodriguez with Sol Case Management also provided some insights related to the Business Support Program. Council, Mr. Hastings, and Mr. Rodriguez further discussed the program, how it was administered and the feedback from the businesses that applied for funding under the program and either received or did not receive funding. Ms. Sigdel stated that approximately $1 Million from the Business Support Program will be returned to the City's ARPA Fund and will be available for reallocation. Single Room Occupancy (SRO) Housing Council and staff continued the discussion of SRO housing, which began during the February 14th Council Workshop. The discussion included concerns of SROs and also options available to Council for consideration as listed below: 1. Take no further action and let the market dictate the rate and timing of conversions, recognizing that the City is going through a Housing Capacity Plan, with will offer additional insights for consideration; or 2. Establish a moratorium on the conversions process and reassess after completion of the Housing Capacity Plan (estimated to be completed in the summer of 2022), recognizing that establishing a moratorium requires a set standard of process and is limited in duration; or 3. Repeal the applicable ordinance establishing the SRO process in the Pasco Municipal Code. At the conclusion of the discussion, Council instructed staff to prepare a temporary moratorium on processing any new SRO applications within the City. Staff confirmed that they will bring back a resolution at the March 7th meeting for Council's consideration to start the process establishing a temporary moratorium on SROs, noting that the current three SRO issued conditional use permits will continue through the permitting process. Fire Services Financial Strategy Discussion Mr. Zabell briefly commented on the City's fire services current and future needs and then introduced Fire Chief Gear and Finance Director Sigdel who provided a report on the Pasco Fire Department financial strategy that addressed the need for three (3) additional Fire and Emergency Services facilities within Pasco. Page 2 of4Page12of159 Parks Off-Season Work & Activities Mr. Ratkai stated that this was an opportunity to update Council on how the Facilities Division, part of Administrative & Community Development Department, was utilizing the additional fulltime staff during the winter months and the benefits the City is reaping from the 2021 restructuring of the division's workforce. He introduced Dan Dotta, Facilities Manager, who provided a presentation on the Facilities Division winter projects including teaming up with other departments, which resulted in greater efficiencies across the City. Council expressed appreciation to staff for the update on how the Facilities Division is making positive impacts within the City. Resolution - Bid Award for the Water Main Replacement - Maple Drive AC Main (Road 100 to Road 103) Mr. Worley introduced Capital Improvement Program Manager Maria Serra who highlighted the Water Main Replacement - Maple Drive AC Main - Project and stated that the bid award for this project will be brought forward to Council for approval at the March 7, 2022, meeting. Resolution - Termination of Mid-Columbia Regional Cable Commission & Interlocal Agreement Mr. Zabell briefed Council on the proposed termination of the Mid-Columbia Regional Cable Commission and the interlocal agreement establishing the Commission between the Cities of Kennewick, Richland and Pasco. He stated that approval of the termination will come back for Council consideration at the March 7th meeting. MISCELLANEOUS COUNCIL DISCUSSION Mr. Zabell announced the following: The third Community Forum is scheduled on Thursday, March 3rd, at 6:30 PM, located at the HAPO Center. The Peanuts Park Grand Opening is scheduled for Friday, March 11th at 1:00 PM. Washington State Governor Inslee has announced that face mask mandate will end on March 12, 2022, as part of a collaborative effort with the states of California and Oregon. Mayor Barajas commented on the recent conflict in Ukraine that was initiated by Russia and expressed support for Ukraine. Ms. Roach also commented on the conflict and her cousin's story who is currently a refugee in Poland. Page 3 of4Page13of159 ADJOURNMENT There being no further business, the meeting was adjourned at 8:56 PM. PASSED and APPROVED this __ day of ________________, 20__. APPROVED: ATTEST: Blanche Barajas, Mayor Debra Barham, City Clerk Page 4 of4Page14of159 AGENDA REPORT FOR: City Council March 3, 2022 TO: Dave Zabell, City Manager City Council Regular Meeting: 3/7/22 FROM: Richa Sigdel, Finance Director Finance SUBJECT: Bills and Communications I. REFERENCE(S): Accounts Payable 03.07.22 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $3,707,967.39 ($2,158,048.82 in Check Nos. 246900-247134; $668,275.71 in Electronic Transfer Nos. 834498-834523, 834531-834539, 834562-834647, 834650-834720, 834722-834748, 834756- 834758, 834762-834794, 834796-834850; $15,362.13 in Check Nos. 53843- 53852; $866,210.66 in Electronic Transfer Nos. 30172047 -30172574; $70.07 in Electronic Transfer Nos. 866-867). III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 15 of 159 REPORTING PERIOD: March 7, 2022 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers 246900-247134 53843-53852 Total Check Amount $2,158,048.82 $15,362.13 Total Checks 2,173,410.95$ Electronic Transfer Numbers 834498-834523 30172047-30172574 866-867 834531-834539 834562-834647 834650-834720 834722-834748 834756-834758 834762-834794 834796-834850 Total EFT Amount $668,275.71 $866,210.66 $70.07 $0.00 Total EFTs 1,534,556.44$ Grand Total 3,707,967.39$ Councilmember 756,329.49 49,859.45 29,340.48 1,060.48 70,804.57 2,728.69 7,462.48 668.87 0.00 660.19 1,737.58 0.00 81,869.26 13,908.01 11,585.20 0.00 HOTEL/MOTEL EXCISE TAX 12,872.99 0.00 554,396.37 507,433.85 55,942.95 8,732.76 1,540,573.72 GRAND TOTAL ALL FUNDS:3,707,967.39$ The City Council February 17 - March 2, 2022 C I T Y O F P A S C O Council Meeting of: Accounts Payable Approved City of Pasco, Franklin County, Washington We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as described herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim. Dave Zabell, City Manager Darcy Buckley, Finance Manager We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 7th day of March, 2022 that the merchandise or services hereinafter specified have been received and are approved for payment: Councilmember SUMMARY OF CLAIMS BY FUND: GENERAL FUND STREET SCHOOL IMPACT FEES C.D. BLOCK GRANT MARTIN LUTHER KING COMMUNITY CENTER AMBULANCE SERVICE ARPA CEMETERY ATHLETIC PROGRAMS GOLF COURSE SENIOR CENTER OPERATING MULTI-MODAL FACILITY EQUIPMENT RENTAL - OPERATING GOVERNMENTAL RIVERSHORE TRAIL & MARINA MAIN REVOLVING ABATEMENT ECONOMIC DEVELOPMENT STADIUM/CONVENTION CENTER LID GENERAL CAP PROJECT CONSTRUCTION UTILITY, WATER/SEWER PAYROLL CLEARING EQUIPMENT RENTAL - OPERATING BUSINESS Page 16 of 159 AGENDA REPORT FOR: City Council February 28, 2022 TO: Dave Zabell, City Manager City Council Regular Meeting: 3/7/22 FROM: Steve Worley, Director Public Works SUBJECT: Resolution - Bid Award for the Water Main Replacement - Maple Drive AC Main (Road 100 to Road 103) I. REFERENCE(S): Resolution Bid Tabs II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. ________, awarding Bid No. 20030 for the Water Main Replacement - Maple Drive AC Main (Road 100 to Road 103) project to P&H Construction, LLC of Loon Lake, WA and further authorize the City Manager to execute the contact documents and allowing all necessary budget adjustments. III. FISCAL IMPACT: Proposed Contract Award: $325,950.95 2021-2022 Adopted Budget: $412,973.23 from Water Fund (Fund 411) IV. HISTORY AND FACTS BRIEF: The Water Main Replacement - Maple Drive AC Main (Road 100 to Road 103) is included in the 6-year Capital Improvement Program (CIP). This project will replace approximately 1,200 linear feet of existing 6" asbestos concrete water line with an 8" ductile iron pipe and appurtenances along Maple Drive connecting the water mains along Road 100 and Road 103. This connection will loop the water system and improve flow characteristics of the system. Looping the system with properly sized water mains provides increased flows and pressures that help ensure adequate fire protection. This Page 17 of 159 project will also improve water quality for customers in this area by reducing the need to flush the system due to the existing dead end lines. This line was prioritized in the capital plan due to the deficiencies previously noted and a history of frequent repairs, which caused unplanned service interruption to users and increased O&M costs. V. DISCUSSION: The project was advertised for bids on January 21, 2022. On February 10, 2022 bids were publicly opened. A total of seven (7) bids were received. The lowest responsible, responsive bidder is P&H Construction, LLC. of Loon Lake, WA in the amount of $325,950.95. The Engineer's Estimate was 340,732.50. Based on the bids received, the project is anticipated to be completed within budget and no budget adjustments are necessary at this time. The Engineer of Record and City staff completed the review of the bid submittal and found no exemptions or irregularities. This item was discussed at the February 28, 2022, Council Workshop meeting. Staff recommends award of the contract to P&H Construction, LLC. of Loon Lake, WA. Page 18 of 159 Resolution – Bid Award for the Water Main Replacement – Maple Drive AC Main (Road 100 to Road 103) project - 1 RESOLUTION NO. ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, AWARDING BID NO. 20030 FOR THE WATER MAIN REPLACEMENT - MAPLE DRIVE AC MAIN (ROAD 100 TO ROAD 103) PROJECT TO P&H CONSTRUCTION, LLC. OF LOON LAKE, WASHINGTON AND FURTHER AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONTRACT DOCUMENTS AND ALLOWING ALL NECESSARY BUDGET ADJUSTMENTS. WHEREAS, the City of Pasco has an identified capital improvement public works project described as the Water Main Replacement - Maple Drive AC Main (Road 100 to Road 103) project; and WHEREAS, this project includes installation of a new water main, as replacement of the existing water main, located along Maple drive between Road 100 and Road 103; and WHEREAS, the City solicited sealed public bids for this project, identified as the Water Main Replacement - Maple Drive AC Main (Road 100 to Road 103) project; and WHEREAS, on February 10, 2022, at 2:00 p.m., Seven (7) bids were received and opened by the City; and WHEREAS, the lowest responsive bidder was P&H Construction, LLC. with a Bid of 325,950.95, the Engineer’s Estimate was $340,732.50; and WHEREAS, the bid documentation was reviewed and the bidder was determined to be responsible and responsive. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City hereby awards the Water Main Replacement - Maple Drive AC Main (Road 100 to Road 103) project to P&H Construction, LLC. of Loon Lake, Washington in the amount of 325,950.95, including Washington State Sales Tax; and Be It Further Resolved, that this Resolution shall take effect and be in full force immediately upon passage by the City Council. Page 19 of 159 Resolution – Bid Award for the Water Main Replacement – Maple Drive AC Main (Road 100 to Road 103) project - 2 PASSED by the City Council of the City of Pasco, Washington this ___ day of March, 2022. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 20 of 159 Bid Tabulations - Water Main AGENDA REPORT FOR: City Council March 1, 2022 TO: Dave Zabell, City Manager City Council Regular Meeting: 3/7/22 FROM: Dave Zabell, City Manager Executive SUBJECT: Resolution - Termination of Mid-Columbia Regional Cable Commission & Interlocal Agreement I. REFERENCE(S): Resolution 1994 ILA Establishing the Mid-Columbia Regional Cable Commission FCC Regulation of Cable TV Rates Link to: ArsTechina Article, July 17, 2017 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve Resolution No. ____, authorizing the termination of the Mid - Columbia InterlocatheCableCommissionRegionaland Agreementl establishing the Commission between the Cities of Kennewick, Richland, and Pasco. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: In 1994, after the passage of the Federal Cable Television Consumer Protection Act, the Cities of Pasco, Richland, and Kennewick formed the Mid -Columbia Regional Cable Commission (Commission) to set basic cable TV rates for the region as provided under the Act. The setting of basic Cable TV (cable television service consisting of local broadcast channels and public, educational, and government (PEG) channels) was allowed as long as the FCC had not made a determination of “effective competition” by a competing service, such as satellite TV. However, the Commission was never formally selected and subsequently never met for reasons unknown to current staff. In any event, local rate setting of basic Page 22 of 159 Cable TV service was rendered essentially moot by an FCC order in 2015, which granted “effective competition” to all cable systems in the nation because of the widespread availability of satellite TV service. The U.S. Court of Appeals, District of Columbia Circuit, upheld the FCC order in 2017. V. DISCUSSION: The termination of the ILA and Commission was discussed at the February 28, 2022 Council Workshop. The City of Richland has taken the lead in coordinating the effort to terminate the subject ILA. Pasco staff concurs with the termination as the ILA could no longer be implemented and has never been used as intended. Page 23 of 159 Resolution – Termination of Cable Commission ILA – 1 RESOLUTION NO. ____ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE TERMINATION OF THE MID-COLUMBIA REGIONAL CABLE COMMISSION AND THE INTERLOCAL AGREEMENT ESTABLISHING THE COMMISSION BETWEEN THE CITIES OF KENNEWICK, RICHLAND, AND PASCO. WHEREAS, RCW 39.34, INTERLOCAL COOPERATION ACT, authorizes political subdivisions to jointly exercise their powers, privileges, or authorities with other political subdivisions of this state through the execution of an interlocal cooperative or interagency agreement; and, WHEREAS, the Mid-Columbia Regional Cable Commission was established in 1994 by interlocal agreement between the cities of Pasco, Kennewick and Richland to regulate basic tier cable rates in jurisdictions where effective competition was not present; and WHEREAS, at the time the Commission was established, the Federal Communication Commission’s (FCC) rules provided for a presumption that markets were not competitive, and cable operators had to challenge the local franchising authority’s determination that it was appropriate to regulate basic tier cable rates by providing proof to the FCC that effective competition did in fact exist; and WHEREAS, despite being in existence for nearly 30 years, there is no evidence in the record that the Mid-Columbia Regional Cable Commission ever took any action under its authority; and WHEREAS, in 2015, the FCC determined that, given the pervasiveness of other types of providers such as Dish and DirectTV, effective competition should now be assumed, subject to evidence to the contrary (i.e., a rebuttable presumption). Through a Report and Order (attached), the FCC held that, based on the rebuttable presumption of effective competition, each franchising authority will be prohibited from regulating basic cable rates unless it successfully demonstrates that the cable system is not subject to Competing Provider Effective Competition; and WHEREAS, the FCC Order undercuts any authority the Mid-Columbia Regional Cable Commission has or had, making termination of the Commission appropriate; and WHEREAS, Section V. of the Original Agreement provides that termination of the Original Agreement establishing the Mid-Columbia Regional Cable Commission may occur by agreement of all three cities or by any two of the three cities; and WHEREAS, the City of Richland is requesting the termination of the Mid-Columbia Regional Cable Commission, as well as the interlocal agreement establishing the Commission, attached hereto as Exhibit A. Page 24 of 159 Resolution – Termination of Cable Commission ILA – 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1. That the City Council of the City of Pasco, Washington, has after due consideration, determined that it is the best interest of the City of Pasco to terminate the Mid- Columbia Regional Cable Commission and Interlocal Agreement establishing the Commission. Section 2. That the City Clerk is instructed to provide a copy ofthis Resolution to the Cities of Kennewick and Richland confirming the City Council’s decision to terminate the Commission and Interlocal Agreement. Be It Further Resolved that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington this ___ day of _____, 2022. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 25 of 159 INTERLOCAL AGREEMENT CREATING THE MID -COLUMBIA REGIONAL CABLE COMMISSION This contract is made between the cities of Pasco, Kennewick, and Richland, municipal corporations of the State of Washington, for the purpose of creating a Commission to regulate cable television in accord with federal law. I DURATION The duration of this agreement is perpetual. II ORGANIZATION There is hereby created a Mid -Columbia Cable Commission composed of three members, one selected by each City hereto. The Commission shall have no authority to expend any funds other than such as may be essential for the performance of its duties. The Commission is authorized to obtain clerical, legal, and other support assistance as may be required for the performance of its duties. This support shall be supplied by the Cities collectively as the City Managers may determine and direct. III PURPOSE The purpose of the Commission is to establish basic tier cable rates and to perform any other reasonably necessary or appropriate function delegated to the three Cities by the Cable Television Consumer Protection Act, Public Law No. 102-382. The Commission may adopt and enforce in the name of any City which participates in this agreement or any one of them individually, such matters as may come within its jurisdiction. This includes passing resolutions or undertaking any other formal act, giving notices, bringing or defending any action in a court of law or equity, or doing any other act necessary, proper or relevant to its duties. In addition to such other powers, the Commission may make recommendations from time to time to the Cities for the enactment of such regulations, ordinances, or the taking of such other action as it may deem appropriate and in the best interests of its citizens. IV NO LIMITATIONS Nothing in this interlocal cooperation agreement should be construed as a limitation on the power of the respective Cities to take any act or action they may deem necessary or advisable, either singly or collectively, nor to limit their authority as provided in the foregoing federal statute. This agreement may be terminated by agreement of the Cities or any two of them. DATED this,S' day of —, 1994. Interlocal Agreement - Page 1 Page 26 of 159 k Attest: J A. Price, ity Clerk Approved as to Form: Will' L. Cameron, Kennewick City Attorney Attest: Catherine D. Seaman, Deputy City Clerk as to Attest: Pasco City Attorney I IrwnlmJI Approved as to Form: kn Thomas O. Lampson, Richland City Attorney Interlocal Agreement - Page 2 CITY OF KENNEWICK L B—Shewalter, Mayor Pro Tem James R. Beaver CITY OF PASCO cRe JC2z JVelice, MayorI CITY OF RICHLAND J . Hansen, Mayor Page 27 of 159 1 Federal Communications Commission · Consumer and Governmental Affairs Bureau · 45 L Street NE, Washington, DC 20554 1-888-CALL-FCC (1-888-225-5322) · TTY: 1-888-TELL-FCC (1-888-835-5322) · www.fcc.gov/consumer-governmental-affairs-bureau Regulation of Cable TV Rates Most rates charged by cable television companies are not regulated by the FCC. Your state-approved local franchising authority (LFA) – usually a city, county, or other governmental organization – may regulate the rate your provider can charge for "basic" cable service, but only when your provider is not faced with effective competition from another cable service provider. However, there is no FCC requirement for such regulation and very few LFAs continue to regulate cable rates. Basic tier services and rates Cable systems are generally required to offer a "basic tier" of programming to all subscribers before they purchase any additional programming. The basic service tier must include most local broadcast stations as well as public, educational and government channels required by the franchise agreement between the LFA and your cable company. Under limited circumstances, LFAs may review increases in basic service tier rates to verify that they accurately reflect increases in the cable company's programming or other costs that regulated cable operators are allowed to pass through to customers. Rates for premium services Rates are never regulated by LFAs for any tier of service beyond basic tier services. Your cable company determines the rates charged for these services, including pay -per-channel programming, such as premium movie channels, and pay-per-program services, such as pay-per-view sports events. Your cable company cannot require you to purchase any additional service tier other than the basic service tier in order to have access to pay-per-view events or premium channels offered on an "a la carte" or individual basis. Cable companies are not required to – nor prohibited from – offering channels or programs on an "a la carte" basis. Additional rules and guidelines for providers Your LFA can enforce FCC rules and guidelines in the following areas: Customer service, including complaints about bills, as well as a cable operator’s response to inquiries about signal quality or service requests Franchise fees paid to the LFA by a cable company for access to public rights of way to offer cable service Who to contact with complaints and questions Contact your cable provider or your LFA regarding customer service, basic service tier rates or franchise fees. The name of your LFA is printed on your cable bill and in your local telephone book. Page 28 of 159 2 Federal Communications Commission · Consumer and Governmental Affairs Bureau · 45 L Street NE, Washington, DC 20554 1-888-CALL-FCC (1-888-225-5322) · TTY: 1-888-TELL-FCC (1-888-835-5322) · www.fcc.gov/consumer-governmental-affairs-bureau Contact your cable company about rates for tiers of service other than the basic service tier and for any pay-per-channel programming and pay-per-program services. These rates are not subject to regulation. In addition, your local and state consumer protection organizations may provide information about your rights as a cable subscriber. Filing a complaint You have multiple options for filing a complaint with the FCC: File a complaint online at https://consumercomplaints.fcc.gov By phone: 1-888-CALL-FCC (1-888-225-5322); TTY: 1-888-TELL-FCC (1-888-835-5322) ; ASL: 1-844-432-2275 By mail (please include your name, address, contact information and as much detail about your complaint as possible): Federal Communications Commission Consumer and Governmental Affairs Bureau Consumer Inquiries and Complaints Division 45 L Street NE Washington, DC 20554 Alternate formats To request this article in an alternate format - braille, large print, Word or text document or audio - write or call us at the address or phone number above, or send an email to fcc504@fcc.gov. Last Reviewed: 12/09/19 Page 29 of 159 AGENDA REPORT FOR: City Council March 1, 2022 TO: Dave Zabell, City Manager City Council Regular Meeting: 3/7/22 FROM: Rick White, Director Community & Economic Development SUBJECT: *Q Ordinance - Columbia Basin Health Association RT to C-1 Rezone (Z 2021-018) I. REFERENCE(S): Proposed Ordinance Exhibit A - Hearing Examiner Recommendation Exhibit B - Map Report to Hearing Examiner Dated: February 9, 2022 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. ____, rezoning property located near the southeast corner of Road 68 and Burns Road from R-T to C-1, and further, authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On February 9, 2022, the the Hearing Examiner held a public hearing to consider a request to rezone a portion of the north half of Section 9, Township 9 North, Range 29 East, W.M. Records of Franklin County, Washington (Parcel Nos. 116030025 and 116030026), located near the southeast corner of North Road 68 and Burns Road from RT (Residential Transition) to C-1 (Retail Business). Following the conduct of the public hearing, the Hearing Examiner recommended approval of the applicant's request for the rezone. No appeals of this recommendation have been received. V. DISCUSSION: Page 30 of 159 Columbia Basin Health Association, has submitted an application to rezone property located on the southeast corner of Road 68 and Burns Road, from RT Residential Transition) to C-1 (Retail Business) in anticipation of locating a Community Health Center on the 18.74-acre site. As per Pasco Municipal Code (PMC) Section 25.15.050 a Community Health Center would fit under the definition of “Community service facilities” of the level one category, which include hospitals, nonprofit community health clinics, and related uses which provide similar services. As per PMC Section 25.200.020(4) a Community Health Center requires review through the Special Permit process which would be a future land use process pending approval of this rezone request. Page 31 of 159 Ordinance – CBHA Rezone (Z 2021-018) - 1 FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington Attn: City Clerk 525 North 3rd Avenue Pasco, WA 99301 ORDINANCE NO. _______ AN ORDINANCE AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED NEAR THE SOUTHEAST CORNER OF NORTH ROAD 68 AND BURNS ROAD, PASCO, WASHINGTON FROM R-T TO C-1. WHEREAS, Whitney Churchill, representing The Neenan Company, acting on behalf of petitioner Columbia Basin Health Association, seeks to rezone a portion of the north half of Section 9, Township 9 North, Range 29 East, W.M. Records of Franklin County, Washington (Parcel Nos. 116030025 and 116030026); and WHEREAS, a complete and adequate petition for change of zoning classification meeting the requirements of the Pasco Municipal Code (PMC) Section 25.210.030 was received by the City and, after notice was issued under PMC Section 25.210.040, an open record hearing was conducted by the Pasco Hearing Examiner upon such petition on February 9, 2022; and WHEREAS, based upon substantial evidence and demonstration of the Petitioner that: (a) the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (b) the effect of the proposal on the immediate vicinity is not materially detrimental; (c) there is merit and value in the proposal for the community as a whole; (d) any impacts of the rezone application and anticipated development are adequately mitigated by the regulations and requirements of the Pasco Municipal Code and the City of Pasco Design and Constructions Standards; (e) a concomitant agreement is not required under these circumstances; and (f) the proposed rezone is consistent with and satisfies all criteria set forth in PMC 25.210.030; the Hearing Examiner has recommended to approve the rezone, which findings and recommendation are hereby adopted by the City Council and the Hearing Examiner Report is hereby incorporated by this reference as Exhibit A. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Page 32 of 159 Ordinance – CBHA Rezone (Z 2021-018) - 2 Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed from RT Residential Transition) to C-1 (Retail Business), for the real property as shown in the Exhibit B attached hereto and described below: PARCEL NO. 116 030 025: COMMENCING AT THE NORTHEAST CORNER OF THE HEREINBEFORE DESCRIBED ‘TRACT X’; THENCE SOUTH 89°40’37” WEST ALONG THE NORTH LINE OF SAID TRACT AND THE NORTH LINE OF THE HEREINBEFORE DESCRIBED SECTION 4 A DISTANCE OF 767.56 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTH LINE SOUTH 00°19’23” EAST A DISTANCE OF 938.12 FEET; THENCE SOUTH 74°58’29” WEST A DISTANCE OF 627.12 FEET TO THE EASTERLY MARGIN OF ROAD 68 AND THE WEST LINE OF SAID TRACT; THENCE NORTH 15°01’31” WEST ALONG SAID WEST LINE A DISTANCE OF 350.00 FEET THENCE LEAVING SAID WEST LINE, NORTH 74°58’29” EAST A DISTANCE OF 292.32 FEET; THENCE NORTH 15°01’31” WEST A DISTANCE OF 707.72 FEET TO THE NORTH LINE OF SAID TRACT AND SAID SECTION 4; THENCE NORTH 89°40’37” EAST ALONG SAID NORTH LINE A DISTANCE OF 592.28 FEET TO THE POINT OF BEGINNING AND THE END OF THIS DESCRIPTION. CONTAINING 12.79 ACRES MORE OR LESS And, PARCEL NO. 116 030 026: COMMENCING AT THE NORTHEAST CORNER OF THE HEREINBEFORE DESCRIBED ‘TRACT X’; THENCE SOUTH 89°40’37” WEST ALONG THE NORTH LINE OF SAID TRACT AND THE NORTH LINE OF THE HEREINBEFORE DESCRIBED SECTION 4 A DISTANCE OF 767.56 FEET; THENCE LEAVING SAID NORTH LINE SOUTH 00°19’23” EAST A DISTANCE OF 938.12 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00°19’23” EAST A DISTANCE OF 502.76 FEET TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 500.00 FEET, AND FROM WHICH POINT THE CHORD BEARS SOUTH 77°53’08” WEST A DISTANCE OF 191.47 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22°04’37” A DISTANCE OF 192.66 FEET; THENCE SOUTH 88°55’26” WEST A DISTANCE OF 317.67 FEET TO THE EASTERLY MARGIN OF ROAD 68 AND THE WEST LINE OF SAID TRACT; THENCE NORTH 15°01’31” WEST ALONG SAID WEST LINE A DISTANCE OF 400.00 FEET; THENCE LEAVING SAID WEST LINE, NORTH 74°58’29” EAST A DISTANCE OF 627.12 FEET TO THE POINT OF BEGINNING AND THE END OF THIS DESCRIPTION. Page 33 of 159 Ordinance – CBHA Rezone (Z 2021-018) - 3 CONTAINING 5.95 ACRES MORE OR LESS Section 2. This Ordinance shall take full force and effect five (5) days after approval, passage and publications required by law. PASSED by the City Council of the City of Pasco, Washington, this ___ day of 2022. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Published: _________________________ Page 34 of 159 ROAD 76TEKOA DR BURNS RD ROAD 76ROAD 68NROAD68THREE RIVERS DR BURNS RDCITY LIMITS CITYLIMITS 0 210 420 630 840110 Feet Exhibit B"Item: CBHA Rezone RT to C-1 Applicant: Whitney Churchill File #: Z 2021- ROAD68SANDIFUR PARKWAYN 5804 Road 90,Suite H,Pasco, WA 99301 509.380.5883 TEL 509.380.5885 FAX EXHIBIT " B"Page 45 of LINE TABLE LINE #LENGTH DIRECTION CURVE TABLE CURVE #LENGTH RADIUS DELTA CHORD DIRECTION CHORD LENGTH 5804 Road 90, Suite H, Pasco, WA 99301 509.380.5883 TEL 509.380.5885 FAX EXHIBIT "B" Page 46 of 159 PUBLIC HEARING City Hall 525 North Third Avenue Council Chambers DATE:WEDNESDAY,9 February 2022 6:00 PM 1 MASTER FILE Z 2021 018 APPLICANT:Whitney Churchill/The Neenan Company 3325 S.Timberline Rd,Suite 100 Fort Collins,CO 80525 REQUEST:REZONE:Columbia Basin Health Association RT to C 1 BACKGROUND 1. PROPERTY DESCRIPTION: Legal:A portion of the north half of Section 9,Township 9 North,Range 29 East defined as follows: Parcel 116030025:THE NORTH HALF OF SECTION 9,TOWNSHIP 9 NORTH,RANGE 29 EAST W.M.,RECORDS OF FRANKLIN COUNTY,WASHINGTON LYING EASTERLY OF ROAD 68 EXCEPT THAT PORTION DEEDED TO THE CITY OF PASCO BY DEDICATED DEED RECORDED JUNE 20,2008 UNDER AUDITOR'S FILE NO.1720767 AND MAY 28,2004 UNDER AUDITOR'S FILE NO.1645275.EXCEPT A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER,ALL IN SECTION 9 OF TOWNSHIP 9 NORTH OF RANGE 29 EAST OF THE WILLAMETTE MERIDIAN,FRANKLIN COUNTY,WASHINGTON,BEING DESCRIBED MORE PARTICULARLY AS FOLLOWS:COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER OF SECTION 9,THENCE SOUTH 89°39'28"WEST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER OF SECTION 9 A DISTANCE OF 3.00 FT.TO A POINT ON THE WEST RIGHT OF WAY LINE OF CONVENTION DRIVE AND THE TRUE POINT OF BEGINNING;THENCE SOUTH 01°34'31"EAST ALONG SAID WEST LINE OF CONVENTION DRIVE,BEING PARALLEL TO AND 3.00'WESTERLY OF THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 9 A DISTANCE OF 2509.86 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF SANDIFUR PARKWAY;THENCE ALONG SAID NORTH LINE OF SANDIFUR PARKWAY AS FOLLOWS:THENCE SOUTH 87°41'06"WEST A DISTANCE OF 147.50 FEET; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 336.09',WITH A RADIUS OF 790.00',WITH A CHORD BEARING OF SOUTH 75°29'50"WEST,WITH A CHORD LENGTH OF 333.56';THENCE WITH A REVERSE CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 330.33',WITH A RADIUS OF 710.04',WITH A CHORD BEARING OF SOUTH 76°38'14"WEST,WITH A CHORD LENGTH OF 327.36';THENCE SOUTH 89° 57'53"WEST A DISTANCE OF 47.99 FEET;THENCE NORTH 01°34'31"WEST A DISTANCE OF 2670.08 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 9;THENCE NORTH 89°39'28"EAST ALONG SAID NORTH LINE OF SAID NORTHEAST QUARTER OF SECTION 9 A DISTANCE OF 841.21 FEET TO A POINT ON THE WEST RIGHT OF Page 47 of 159 2 WAY LINE OF CONVENTION DRIVE,WHICH IS THE TRUE POINT OF BEGINNING.AND EXCEPT THAT PORTION LYING SOUTHERLY OF SANDIFUR PARKWAY.ALSO EXCEPT THAT PORTION DESCRIBED AS BINDING SITE PLAN 2019 02,RECORDED IN VOLUME 1 OF BINDING SITE PLANS,AT PAGE 239,UNDER AUDITOR’S FILE NUMBER 1894875,RECORDS OF FRANKLIN COUNTY,WASHINGTON.SEGREGATION AREA 2:COMMENCING AT THE NORTHEAST CORNER OF THE HEREINBEFORE DESCRIBED TRACT X’;THENCE SOUTH 89°40’37”WEST ALONG THE NORTH LINE OF SAID TRACT AND THE NORTH LINE OF THE HEREINBEFORE DESCRIBED SECTION 4 A DISTANCE OF 767.56 FEET TO THE TRUE POINT OF BEGINNING;THENCE LEAVING SAID NORTH LINE SOUTH 00°19’23”EAST A DISTANCE OF 938.12 FEET;THENCE SOUTH 74°58’29”WEST A DISTANCE OF 627.12 FEET TO THE EASTERLY MARGIN OF ROAD 68 AND THE WEST LINE OF SAID TRACT;THENCE NORTH 15°01’31”WEST ALONG SAID WEST LINE A DISTANCE OF 350.00 FEET THENCE LEAVING SAID WEST LINE,NORTH 74°58’29”EAST A DISTANCE OF 292.32 FEET;THENCE NORTH 15°01’31”WEST A DISTANCE OF 707.72 FEET TO THE NORTH LINE OF SAID TRACT AND SAID SECTION 4;THENCE NORTH 89°40’37”EAST ALONG SAID NORTH LINE A DISTANCE OF 592.28 FEET TO THE POINT OF BEGINNING AND THE END OF THIS DESCRIPTION; together with Parcel 116030026:THE NORTH HALF OF SECTION 9,TOWNSHIP 9 NORTH,RANGE 29 EAST W.M.,RECORDS OF FRANKLIN COUNTY,WASHINGTON LYING EASTERLY OF ROAD 68 EXCEPT THAT PORTION DEEDED TO THE CITY OF PASCO BY DEDICATED DEED RECORDED JUNE 20,2008 UNDER AUDITOR'S FILE NO.1720767 AND MAY 28,2004 UNDER AUDITOR'S FILE NO.1645275.EXCEPT A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER,ALL IN SECTION 9 OF TOWNSHIP 9 NORTH OF RANGE 29 EAST OF THE WILLAMETTE MERIDIAN,FRANKLIN COUNTY,WASHINGTON,BEING DESCRIBED MORE PARTICULARLY AS FOLLOWS:COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER OF SECTION 9,THENCE SOUTH 89°39'28"WEST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER OF SECTION 9 A DISTANCE OF 3.00 FT.TO A POINT ON THE WEST RIGHT OF WAY LINE OF CONVENTION DRIVE AND THE TRUE POINT OF BEGINNING;THENCE SOUTH 01°34'31"EAST ALONG SAID WEST LINE OF CONVENTION DRIVE,BEING PARALLEL TO AND 3.00'WESTERLY OF THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 9 A DISTANCE OF 2509.86 FEET TO A POINT ON THE NORTH RIGHT OF WAY LINE OF SANDIFUR PARKWAY;THENCE ALONG SAID NORTH LINE OF SANDIFUR PARKWAY AS FOLLOWS:THENCE SOUTH 87°41'06"WEST A DISTANCE OF 147.50 FEET; THENCE WITH A CURVE TURNING TO THE LEFT WITH AN ARC LENGTH OF 336.09',WITH A RADIUS OF 790.00',WITH A CHORD BEARING OF SOUTH 75°29'50"WEST,WITH A CHORD LENGTH OF 333.56';THENCE WITH A REVERSE CURVE TURNING TO THE RIGHT WITH AN ARC LENGTH OF 330.33',WITH A RADIUS OF 710.04',WITH A CHORD BEARING OF SOUTH 76°38'14"WEST,WITH A CHORD LENGTH OF 327.36';THENCE SOUTH 89° 57'53"WEST A DISTANCE OF 47.99 FEET;THENCE NORTH 01°34'31"WEST A DISTANCE OF 2670.08 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 9;THENCE NORTH 89°39'28"EAST ALONG SAID NORTH LINE OF SAID NORTHEAST QUARTER OF SECTION 9 A DISTANCE OF 841.21 FEET TO A POINT ON THE WEST RIGHT OF Page 48 of 159 3 WAY LINE OF CONVENTION DRIVE,WHICH IS THE TRUE POINT OF BEGINNING.AND EXCEPT THAT PORTION LYING SOUTHERLY OF SANDIFUR PARKWAY.ALSO EXCEPT THAT PORTION DESCRIBED AS BINDING SITE PLAN 2019 02,RECORDED IN VOLUME 1 OF BINDING SITE PLANS,AT PAGE 239,UNDER AUDITOR’S FILE NUMBER 1894875,RECORDS OF FRANKLIN COUNTY,WASHINGTON.SEGREGATION AREA 3:COMMENCING AT THE NORTHEAST CORNER OF THE HEREINBEFORE DESCRIBED TRACT X’;THENCE SOUTH 89°40’37”WEST ALONG THE NORTH LINE OF SAID TRACT AND THE NORTH LINE OF THE HEREINBEFORE DESCRIBED SECTION 4 A DISTANCE OF 767.56 FEET;THENCE LEAVING SAID NORTH LINE SOUTH 00°19’23”EAST A DISTANCE OF 938.12 FEET TO THETRUE POINT OF BEGINNING;THENCE CONTINUING SOUTH 00°19’23”EAST A DISTANCE OF 502.76 FEET TO THE BEGINNING OF A NON TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 500.00 FEET,AND FROM WHICH POINT THE CHORD BEARS SOUTH 77°53’08”WEST A DISTANCE OF 191.47 FEET;THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 22°04’37”A DISTANCE OF 192.66 FEET; THENCE SOUTH 88°55’26”WEST A DISTANCE OF 317.67 FEET TO THE EASTERLY MARGIN OF ROAD 68 AND THE WEST LINE OF SAID TRACT;THENCE NORTH 15°01’31”WEST ALONG SAID WEST LINE A DISTANCE OF 400.00 FEET;THENCE LEAVING SAID WEST LINE,NORTH 74°58’29”EAST A DISTANCE OF 627.12 FEET TO THE POINT OF BEGINNING AND THE END OF THIS DESCRIPTION. General Location:A parcel situated near the Southeast corner of North Road 68 and Burns Road,Pasco,Franklin County,WA. Property Size:18.74 Acres 816,314.4 Square feet). 2. ACCESS:The site has access from Road 68 and shall have access from Burns Road once it is extended as part of the development process. 3. UTILITIES:Municipal water and sewer services are located in Road 68. 4. LAND USE AND ZONING:The property is currently zoned RT Residential Transition).The site is vacant.Surrounding zoning and land uses are zoned and developed as follows: North C 1 RS 40 County)Food Processing East RT Vacant South RT Vacant West C 1 R 4 Commercial,Apartments 5. Comprehensive Plan:The Comprehensive Plan Land Use Map designates the area Mixed Residential/Commercial;”the Mixed Residential/Commercial”designation allows for A combination of mixed use residential and commercial in the same development,Single family dwellings,patio homes,townhouses,apartments and condominiums at a density of 5 to 29 dwelling units per acre,and neighborhood shopping and specialty centers, business parks,service and office uses.Allowable zoning for the Mixed Residential/Commercial”land use designation includes the R 1 through R 4,C 1 and O, and Waterfront zones. Page 49 of 159 4 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 29 December 2021 for this project under WAC 197 11 158. ANALYSIS Request Whitney Churchill of the Neenan Company,acting on behalf of Columbia Basin Health Association,has submitted an application to rezone Parcels 116030025 and 116030026,located on the southeast corner of Road 68 and Burns Road,from RT Residential Transition)to C 1 Retail Business)in anticipation of locating a Community Health Center on the 18.74 acre site.As per Pasco Municipal Code PMC)25.15.050 a Community Health Center would fit under the definition of Community service facilities”of the level one category,which include,but are not limited to,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.”As per PMC 25.200.020(4)Unclassified uses”include Community service facilities, levels one and two,as defined in PMC 25.15.050;as such,a Community Health Center would be required to go through the Special Permit process. Site The site comprises 18.74 Acres 816,314.4 Square feet)and has frontage access on Road 68,and shall have frontage along Burns Road once it is dedicated and extended as part of the development process. The Comprehensive Plan designates the lot Mixed Residential/Commercial.”The Mixed Residential/Commercial”designation allows for R 1 through R 4,C 1 and O,and Waterfront zoning and may be developed with Mixed use residential and commercial uses.Residential density may range from 5 to 29 dwelling units per acre in the Mixed Residential/Commercial” designated area. The rezone request is consistent with the Comprehensive Plan Land Use Map designation. History The site was annexed into the City in 1981 and assigned RT Residential Transition)zoning in conjunction with the annexation Ordinance 2388).The site has not been rezoned since. Rezone Criteria The initial review criteria for considering a rezone application are explained in PMC 25.210.030. Page 50 of 159 5 The criteria are listed below as follows: 1. The date the existing zone became effective: The site was assigned RT Residential Transition)zoning in conjunction with the 1996 annexation. Zoning for the site has not changed since then. 2. The changed conditions,which are alleged to warrant other or additional zoning: City Council has recently approved an update to the Comprehensive Plan;The revised Land Use Element of the approved Plan designates the property Mixed Residential/Commercial.”The Mixed Residential/Commercial”designation allows for R 1 through R 4,C 1 and O,and Waterfront zoning and may be developed with Mixed use residential and commercial uses. Applicant is requesting C 1 zoning. 3. Facts to justify the change on the basis of advancing the public health,safety and general welfare: The existing RT Residential Transition)zoning acts as a holding pattern,"pending appropriate utility and transportation facility development for areas within the Urban Growth Area UGA). The rezone application is 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. 4. The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: The area consists primarily of agricultural uses surrounded by suburban residential to the east, commercial to the south and southwest,and high density residential to the west.The rezone application would be consistent with the character of the neighborhood. 5. The effect on the property owner or owners if the request is not granted: If the property retains the current RT zoning designation the land would likely remain undeveloped and continue as an urban crop circle. 6. The Comprehensive Plan land use designation for the property The Land Use Element of the Plan now designates the lot Mixed Residential/Commercial.”The Mixed Residential/Commercial”designation allows for R 1 through R 4,C 1 and O,and Waterfront zoning and may be developed with Mixed use residential and commercial uses. 7. Such other information as the Hearing Examiner requires The rezone application is consistent with and meets the intent of the Comprehensive Plan,and City Council. Right of Way dedication and ROW Improvements will be required at the time of development.As well,a traffic impact analysis will likely need to be completed for this development to understand the impacts the development may have on the existing City infrastructure. As per Pasco Municipal Code PMC)25.15.050 a Community Health Center would fit under the definition of Community service facilities”of the level one category,which include hospitals and Page 51 of 159 6 nonprofit community health clinics.As per PMC 25.200.020(4)Unclassified uses”include Community service facilities,levels one and two,as defined in PMC 25.15.050;as such,a Community Health Center would be required to go through the Special Permit process. 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 19 January 2022. 2. Applicant wishes to rezone Parcels 116030025 and 116030026 from RT Residential Transition)to C 1 Retail Business 3. The site is located on the southeast corner of Road 68 and Burns Road. 4. Applicant anticipates locating a Community Health Center on the site. 5. The site comprises 18.74 Acres 816,314.4 Square feet) 6. The Site has frontage access on Road 68. 7. The Comprehensive Plan designates the lot Mixed Residential/Commercial.” 8. The Mixed Residential/Commercial”designation allows for R 1 through R 4,C 1 and O, and Waterfront zoning. 9. The Mixed Residential/Commercial”designation may be developed with Mixed use residential and commercial uses. 10. Residential density may range from 5 to 29 dwelling units per acre in the Mixed Residential/Commercial”designated area. 11. The rezone request is consistent with the Comprehensive Plan Land Use Map designation. 12. The site was annexed into the City in 1981 and assigned RT Residential Transition)zoning. 13. The site has not been rezoned since. 14. The existing RT Residential Transition)zoning acts as a holding pattern,"pending appropriate utility and transportation facility development for areas within the Urban Growth Area UGA). 15. Right of Way dedication and ROW Improvements will be required at the time of development. 16. A traffic impact analysis will likely need to be completed for this development to understand the impacts the development may have on the existing City infrastructure. Page 52 of 159 7 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. The Mixed Residential/Commercial”designation allows for R 1 through R 4,C 1 and O,and Waterfront zoning and may be developed with Mixed use residential and commercial uses. The proposal also aligns with the following Comprehensive Plan Goals and Policies: Goal LU 1:take deliberate,consistent,and continuous actions to improve the community’s quality of life. Policy LU 1 C:Encourage conservation design with cluster commercial development and discourage strip commercial development. Goal LU 2:plan for a variety of compatible land uses within the UGA. Policy LU 2 A:Maintain sufficient land designated to accommodate residential,commercial, industrial,educational,public facility,and open space uses proximate to appropriate transportation and utility infrastructure. Policy LU 2 B:Facilitate planned growth within the City limits and UGA and promote infill developments in the City limits through periodic review of growth patterns and market demand within each of the City’s land use designations. Goal LU 6:encourage distinctive quality community and regional commercial and industrial developments that support the city’s overall development goals. Policy LU 6 A:Encourage commercial and higher density residential uses along major corridors and leverage infrastructure availability. Policy LU 6 B:Promote efficient and functional neighborhood level and major commercial centers to meet community demand. Goal ED 2:assure appropriate location and design of commercial and industrial facilities Policy ED 2 B Policy:Encourage development of a wide range of commercial and industrial uses strategically located near major transportation corridors or facilities and in close proximity to existing or proposed utility infrastructure while supporting local and regional needs. Goal ED 3:maintain development standards and design guidelines to ensure that commercial and industrial developments are good neighbors. Policy ED 3 A:Enhance compatibility of commercial and industrial development with residential and mixed use neighborhoods with appropriate landscaping,screening,building and design standards. 2.The effect of the proposal on the immediate vicinity will not be materially detrimental. Page 53 of 159 8 The application for rezone is consistent with the Comprehensive Plan Land Use Element. Surrounding uses include agricultural processing to the north,low density residential to the east, commercial to the south and southwest,and high density residential to the west across Road 68. Applicant anticipates locating a Community Health Facility on the site. 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 Mixed Residential/Commercial.” The Mixed Residential/Commercial”designation allows for R 1 through R 4,C 1 and O,and Waterfront zoning and may be developed with Mixed use residential and commercial uses. 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. 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 Parcels 116030025 and 116030026,situated on the southeast corner of Road 68 and Burns Road in Pasco,WA,be rezoned from RT Residential Transition)to C 1 Retail Business). Page 54 of 159 SANDIFUR PKWY C O L U M B I A R I V E RRD ROAD 68NROAD68TOI182RAMP W BURNS RD ROAD 68NBURDEN BLVD I-182WW I 1 82 T ORO A D68RAMPDENTRD I-182 E CLARK RD CITY LIMITS CITY LIMITS Benton County WA, Pasco GIS, Maxar 0 1,000 2,0003, 000 4,000500 Feet 0 1,000 2,0003, 000 4, 000500 Feet Overview Map Item: CBHA Rezone RT to C-1 Applicant: Whitney Churchill File #: Z 2021-018 Page ROAD 76TEKOA DR BURNS RD ROAD 76ROAD 68NROAD68THREE RIVERS DR BURNS RDCITY LIMITS CITYLIMITS 0 210 420 630 840110Feet 0 210 420 630 840110 Feet Vicinity Map Item: CBHA Rezone RT to C-1 Applicant: Whitney Churchill File #: Z 2021- SFDUs SFDUs SFDUs Multiunits SFDU other SFDU other Commercial Commecial Services Food Processing Agriculture Vacant Vacant Vacant VacantROAD 76TEKOA DR BURNS RD ROAD 76ROAD 68 NROAD68THREERIVERS DR BURNS RDCITY LIMITS CITY LIMITS0 210 420 630 840110 Feet Land Use Map Item: CBHA Rezone RT to C- 1 Applicant: Whitney Churchill File #: Z 2021-018 C-1 R-4 RT C-1 R-3 R-4 RS-40 County)C-1 (County) ROAD 76TEKOA DR BURNS RD ROAD 76ROAD 68NROAD68THREE RIVERS DR BURNS RDCITY LIMITS CITYLIMITS 0 210 420 630 840110 Feet Zoning Map Item: CBHA Rezone RT to C-1 Applicant: Whitney Churchill File #: Z 2021- Medium Density Residential Medium Density Residential Mixed Residential Commercial Commercial Low Density Residential Medium Density Residential Mixed Residential Commercial Mixed Residential Commercial ROAD 76TEKOA DR BURNS RD ROAD 76ROAD 68NROAD68THREE RIVERS DR BURNS RDCITY LIMITS CITYLIMITS 0 210 420 630 840110 Feet Comp Plan Map Item: CBHA Rezone RT to C-1 Applicant: Whitney Churchill File #: Z 2021- ROAD 76TEKOA DR BURNS RD ROAD 76ROAD 68NROAD68THREE RIVERS DR BURNS RDCITY LIMITS CITYLIMITS 0 210 420 630 840110 Feet Exhibit A"Item: CBHA Rezone RT to C-1 Applicant: Whitney Churchill File #: Z 2021- Looking North Looking Northeast Looking East Looking Southeast Looking South Looking Southwest Looking West Looking Northwest I Pa'Sco Master File # Community & Economic Development Department PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 CITY OF PASCO PETITION FOR ZONE CHANGE Date Submitted: Fee:$825 Applicant Info Owner Info if different than applicant) Name: Name: Whitney Churchill Columbia Basin Health Association Address: Address: 3325 S. Timberline Rd Suite 100, FortCollins, CO 1515 E Columbia St, Othello, WA 80525 Phone: Phone: 303-710-1937 509-488-5256 Email: Email: whitney.churchill@neenan.com nievesg@cbha.org Projec t Address: northeast corner of Three Rivers Dr and Road 68 Project Parcel Number: 116030025, 116030026 Current Zoning: RT -Residential Transition Requested Zoning : C-1 -Retail Business Describe the nature and effect of the proposed change: This change will extend the C-1 zone across and north along Road 68. Estimated time frame of development: _2_y_e_a_rs __________________ _ Updated July 2019 Page 69 of 159 What conditions warrant the proposed rezone? The owner of the property would like to build a clinic on the site. Changing to C-1 would allow the project to be permited as "use by right". How will the proposed rezone advance the health, safety, and general welfare of the community? Columbia Basin Health Association proposes to provide a community health center on this site to serve the healthcare needs of the community. What effect will the proposed change have on the value and character of adjacent property? None, property across Road 68 is also zoned C-1 How does the proposed rezone relate to the City's Comprehensive Plan? C-1 is permitted in Mixed Residential & Commercial What effect will be realized by the owner(s) if the proposed rezone is not granted? ______ _ The Owner would not be able to provide healthcare services at this location. NOTE: Provide a variance report giving a list and mailing address of owners of all property within 300 feet of the applicant's property, as shown by a local title company OR payment of $50.00 which shall be utilized by the City to obtain a current list of property owners of all properties within 300 feet of the applicant's property. Page 70 of 159 f 1 Cityof • ii 'f""I Community & Economic Development Department 11 ...... a coPO Box 293, 525 N 3'1 Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509545.3499 Fee for Rezone Environmental Checklist Radius Notification SEPA Checklist Notarized Signature o State of Washington County of Franklin ss. Site map 700.00 75.00 $ 50.00 825.00 Fee of $825 Fee:$825 On this _l__dayof 1>.eCU½ber: , a:1 , before me the undersigned, a Notary Public in and for the State of Washington, duly commissioned an sworn, personally appeared J \ 2--being duly sworn on his/her oath that he/she has prepared and read the foregoing statements and has acknowledged to me that the recitations contained therein are true, and has signed this instrument as his/her free and voluntary act and deed for the purposes therein mentioned. SUBSCRIBED AND SWORN to before me this __ day of Updated July 2019 No ry Public in and for the State of Washington Residing at D:\1Jdk , W,P.- My Commission expires tl').., / Jc; J ·J1Vi3rl Page 71 of 159 Affidavit of Mailing In regards to MF# 22021-018 I, Carmen Patrick, hereby confirm that notification was sent by mail on January 19, 2022, 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 19th day, January of 2022. Representative's Signature Page 72 of 159 ii nCity of Community Development Department 11 ._.....1ascoPO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 NOTICE OF PUBLIC HEARING Optional MONS Process) Si necesita ayuda para entender este aviso o necesita mas informaci6n, por favor !lame al Departamento de Desarrollo Comunitario y Econ6mico de la Ciudad de Pasco a 509-545-3441. Proposal: Whitney Churchill, representing The Neenan Company, acting on behalf of Columbia Basin Health Association, has submitted a rezone application (Z2021-018) from RT (Residential Transition) to C-1 (Retail Business), for a portion of the north half of Section 9, Township 9 North, Range 29 East defined asfollows: Parcels 116030025 and 116030026 Said property is situated near the Southeast corner of North Road 68 and Burns Road, Pasco, Franklin County, WA. The proposal is subject toregulations containedin the Pasco Municipal Code. Public Comment Period: Written comments must be submitted to the Community Development Department by 5:00 p.m. on 9 February 2022. 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 the open record hearing at 6:00 p.m. on 9 February2022 in the Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco, Washington. The Hearing Examiner will consider public testimony concerning the above Rezone application (Z2021-018) from RT to C-1 at this meeting. If you wish to participate in the hearing virtually, please register at least 24 hoursprior to the meeting at the following registration link: www.pasco-wa.gov/pub Iiccomment Afterregistering, 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 recommendation to City Council on the Rezone application within ten (10) business days of the close of the public hearing. Prepared 19 January2022 by: Jeffrey B. Adams, Associate Planner, PO Box 293 Pasco, WA 99301 (509) 545-3441 Page 73 of 159 Item: CBHA Rezone RT to C-1 " Exhibit A" Applicant: Whitney Churchill File#: Z 2021-018 BURNS RD L J D 0 DD Ch C J C J TEKOA DR '° ""1-1,--..,..... Cl i-.=- 1-4---"l--1 IJ---L-_.___,__-"---'-- THREE RIVERS DR 420 630 Feet 0 c:J CJ Page 74 of 159 Page 75 of 159 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: 29 December 2021 Project Name: Columbia Basin Health Association RT to C-1 Site Development Rezone Project Number: SEPA 2021-097 / Z 2021-018 Proponent: Applicant: Columbia Basin Health Association 1515 E Columbia Street Othello, WA 99344 The Neenan Company c/o Whitney Churchill 3325 S. Timberline Rd, Suite 100 Fort Collins, CO 80525 Description of Proposal: Rezone (Z 2021-018) of approximately 18.74 acres from RT Residential Transition) to C-1 (Retail Business) for Franklin County, Washington Parcels 116030025 and 116030026, in anticipation of a future Community Health Center. Location of Proposal: General Location: The southeast corner of Burns Road and Road 68, in Pasco, WA. Legal: Parcel 116030025: The north half of Section 9, Township 9 North, Range 29 East W.M., Records of Franklin County, Washington lying easterly of Road 68 except that portion deeded to the City of Pasco by dedicated deed recorded June 20, 2008 under Auditor's File No. 1720767 and May 28, 2004 under Auditor's File No. 1645275. except a parcel of land located in the northeast quarter of the northeast quarter and the southeast quarter of the northeast quarter, all in Section 9 of Township 9 North of Range 29 East of the Willamette Meridian, Franklin County, Washington, being described more particularly as follows: Commencing at the northeast corner of said northeast quarter of Section 9, thence South 89°39'28" West along the north line of said northeast quarter of Section 9 a distance of 3.00 Ft. to a point on the west right of way line of Convention Drive and the True Point of Beginning; Thence South 01°34'31" East along said west line of Convention Drive, being parallel to and 3.00' westerly of the east line of the northeast quarter of Section 9 a distance of 2509.86 feet to a point on the north right of way line of Sandifur Parkway; thence along said north line of Sandifur Parkway as follows: Thence South 87 °41'06" West Page 76 of 159 a distance of 147.50 feet; thence with a curve turning to the left with an arc length of 336.09', with a radius of 790.00', with a chord bearing of South 75°29'50" West, with a chord length of 333.56'; thence with a reverse curve turning to the right with an arc length of 330.33', with a radius of 710.04', with a chord bearing of South 76°38'14" West, with a chord length of 327.36'; thence South 89 ° 57'53" West a distance of 47.99 feet; thence North 01 °34'31" West a distance of 2670.08 feet to a point on the north line of the northeast quarter of Section 9; Thence North 89°39'28" East along said north line of said northeast quarter of Section 9 a distance of 841.21 feet to a point on the west right of way line of Convention Drive, which is the True Point of Beginning. And except that portion lying southerly of Sandifur Parkway. Also except that portion described as Binding Site Plan 2019-02, recordedinVolume 1of Binding Site Plans, at page 239, under Auditor's File Number 1894875, Records of Franklin County, Washington. Segregation Area 2: commencing at the northeast corner of the hereinbefore described Tract X'; thence South 89°40'37" West along the north line of said Tract and the north line of the hereinbefore described Section 4 a distance of 767 .56 feet to the True Point of Beginning; Thence leaving said north line South 00°19'23" East a distance of 938.12 feet; Thence South 74°58'29" West A Distance Of 627.12 Feet To The Easterly Margin Of Road 68 and the west line of said Tract; thence North 15°01'31" West along said west line a distance of 350.00 feet thence leaving said west line, North 74°58'29" East a distance of 292.32 feet; thence North 15°01'31" West a distance of 707.72 feet to the north line of said Tract and said Section 4; Thence North 89 °40'37" East along said north line a distance of 592.28 feet to the Point of Beginning and the end of this description. Parcel 116030026: The north half of Section 9, Township 9 North, Range 29 East W.M., Records of Franklin County, Washington Lying Easterly of Road 68 except that portion deeded to the City of Pasco by Dedicated Deed recorded June 20, 2008 under Auditor's File No. 1720767 and May 28, 2004 Under Auditor's File No. 1645275. Except a parcel of land located in the northeast quarter of the northeast quarter and the southeast quarter of the northeast quarter, all in Section 9 of Township 9 North of Range 29 East of the Willamette Meridian, Franklin County, Washington, being described more particularly as follows: Commencing at the northeast corner of said northeast quarter of Section 9, thence South 89 °39'28" West along the north line of said northeast quarter of section 9 a distance of 3.00 ft. to a point on the west right of way line of Convention Drive and the True Point Of Beginning; thence South 01°34'31" East along said west line of Convention Drive, being parallel to and 3.00' westerly of the east line of the northeast quarter of Section 9 a distance of 2509.86 feet to a point on the north right of way line of Sandifur Parkway; thence along said north line of Sandifur Parkway as follows: Thence South 87°41'06" West a distance of 147.50 feet; thence with a curve turning to the left with an arc length of 336.09', with a radius of 790.00', with a chord bearing of South 75°29'50" West, with a chord length of 333.56'; thence with a reverse curve turning to the right with an arc length of 330.33', with a radius of 710.04', with a chord bearing of South 76°38'14" West, with a chord length of 327.36'; thence South 89 ° 57'53" West a distance of 47.99 feet; thence North 01°34'31" West a distance of 2670.08 feet to a point on the north line of the Page 77 of 159 northeast quarter of Section 9; thence North 89°39'28" East along said north line of said northeast quarter of Section 9 a distance of 841.21 feet to a point on the west right of way line of Convention Drive, which is the True Point Of Beginning. And except that portion lying southerly of Sandifur Parkway. Also except that portion described as Binding Site Plan 2019-02, recorded in Volume 1 of Binding Site Plans, at Page 239, under Auditor's File Number 1894875, Records Of Franklin County, Washington. Segregation Area 3: Commencing at the northeast corner of the hereinbefore described Tract X'; thence South 89 °40'37" West along the north line of said Tract and the north line of the hereinbefore described Section 4 a distance of 767 .56 feet; thence leaving Said north line South 00 °19'23" East a distance of938.12 feet to the True Point of Beginning; thence continuing South 00°19'23" East a distance of 502.76 feet to the beginning of a non-tangent curve concave to the northwest having a radius of 500.00 feet, and from which point the chord bears South 77°53'08" West a distance of 191.47 feet; thence southwesterly along the arc ofsaid curve through a central angle of 22°04'37" a distance of 192.66 feet; thence South 88°55'26" West a distance of 317.67 feet to the easterly margin of Road 68 and the west line of said Tract; thence North 15°01'31" West along said west line a distance of 400.00 feet; thence leaving said west line, North 74°58'29" East a distance of 627.12 feet to the Point Of Beginning and the end of this description. Likely Mitigation Upon Project Application: 1.A professional archaeological survey of the project area be conducted and a report be produced prior to ground disturbing activities, meeting DAHP's Standards for Cultural Resource Reporting. 2.A traffic impact analysis (TIA) by a licensed traffic engineer at the proponent's expense, analyzing the impacts to the 1-182 Exit 9 interchange. 3.Mitigation to offset the impacts (if any) as identified in the traffic impact analysis. 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 10 days of this determination. Responsible Official: V t Rick White, Community & Economic Development Director Address: PO Box 293, Pasco, WA 99301-0293 Phone: (509) 545-3441 Page 78 of 159 Appeals: You may appeal this determination of non-significance by submitting an appeal to the address below no later than 10 days from issuance. The appeal must be in written form, contain a concise statement of the matter being appealed and the basic rationale for the appeal. A fee is required per the City's Fee Resolution. Please note that failure to file a timely and complete appeal shall constitute a waiver of all rights to an administrative appeal under City code. All comments or appeals are to be directed to the City of Pasco Planning Department, PO Box 293, Pasco, WA, 99301, Attn: Rick White. Page 79 of 159 AGENDA REPORT FOR: City Council March 1, 2022 TO: Dave Zabell, City Manager City Council Regular Meeting: 3/7/22 FROM: Rick White, Director Community & Economic Development SUBJECT: *Q Ordinance - Valdez C-1 to R-3 Rezone (Z 2021-019) I. REFERENCE(S): Proposed Ordinance Exhibit A - Hearing Examiner Recommendation Exhibit B - Map Report to Hearing Examiner Dated: February 9, 2022 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. ____, rezoning a parcel located at 523 West Bonneville Street from C-1 to R-3, and further, authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On February 9, 2022, the the Hearing Examiner held a public hearing to consider a request to rezone property near the northeast corner of North 5th Avenue and West Bonneville Street at 523 West Bonneville Street from C-1 (Retail Business) to R-3 (Medium-Density Residential). Following the conduct of the public hearing, the Hearing Examiner recommended approval of the applicant's request for a rezone. No appeals of this recommendation have been received. Page 80 of 159 V. DISCUSSION: The property contains a home built in 1929 prior to the Commercial zoning in the area. Banks most often do not loan against nonconforming residential units in commercial zoning districts due to Pasco Municipal Code (PMC) 25.170.050(2), which states: “No building damaged by fire or other causes to the extent of more than 50 percent of the assessed value of the structure as determined by the records of the Franklin County Assessor shall be repaired or rebuilt, except multifamily units . . ..” The structure is a single-family dwelling unit (SFDU) so it does not qualify. The lending bank has requested the applicants petition the city for the rezone request. The parcel to the east was rezoned from C-1 to R-1 in 2019 (Ordinance No. 4450). The Comprehensive Plan Land Use Map designation for the area was changed from “Commercial” to “Mixed Residential” in 2004, and recently to “Medium - Density Residential” with the most recent Comprehensive Plan update. The proposed rezone is in conformance with the Comprehensive Plan. Page 81 of 159 Ordinance –Kennedy/Valdez Rezone (Z 2021-019) - 1 FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington Attn: City Clerk 525 North 3rd Avenue Pasco, WA 99301 ORDINANCE NO. _______ AN ORDINANCE AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 110 FEET EAST OF THE NORTHEAST CORNER OF NORTH 5TH AVENUE AND WEST BONNEVILLE STREET IN PASCO, WASHINGTON FROM C-1 TO R-3. WHEREAS, Applicant John Kennedy seeks to rezone Lots 20 to 22, Block 8, Gerry’s Addition to Pasco, Section 29, Township 9 North, Range 30 East, WM (523 West Bonneville Street; Parcel 112053242) in Pasco, Franklin County Washington; and WHEREAS, a complete and adequate petition for change of zoning classification meeting the requirements of the Pasco Municipal Code (PMC) Section 25.210.030 was received by the City and, after notice was issued under PMC Section 25.210.040, an open record hearing was conducted by the Pasco Hearing Examiner upon such petition on February 9, 2022; and WHEREAS, based upon substantial evidence and demonstration of the Petitioner that: (a) the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (b) the effect of the proposal on the immediate vicinity is not materially detrimental; (c) there is merit and value in the proposal for the community as a whole; (d) any impacts of the rezone application and anticipated development will be mitigated by the regulations and requirements of the Pasco Municipal Code and the City of Pasco Design and Constructions Standards; (e) a concomitant agreement is not required under these circumstances; and (f) the proposal is consistent with and satisfies all criteria in PMC Section 25.210.060; the Hearing Examiner has recommended to approve the rezone, which findings and recommendation are hereby adopted by the City Council, and the Hearing Examiner Report is hereby incorporated by reference as Exhibit A. Page 82 of 159 Ordinance –Kennedy/Valdez Rezone (Z 2021-019) - 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed from C-1 Retail Business District) to R-3 (Medium-Density Residential), for the real property as shown in the Exhibit B attached hereto and described as follows: Lots 20 to 22, Block 8, Gerry’s Addition. Located in Section 29, Township 9 North, Range 30 East, W.M. (Parcel No. 112053242). Section 2. This Ordinance shall take full force and effect five (5) days after approval, passage and publications required by law. PASSED by the City Council of the City of Pasco, Washington, this ___ day of 2022. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Published: _________________________ Page 83 of 159 N 5TH A V E W BONNEVILLE STW SHOSHONE STN 4TH AVE PUBLIC HEARING City Hall 525 North Third Avenue Council Chambers DATE:WEDNESDAY,9 February 2022 6:00 PM 1 MASTER FILE Z 2021 019 APPLICANT:John Kennedy 3425 E A Street K 103 Pasco,WA 99301 REQUEST:REZONE:Valdez C 1 to R 3 BACKGROUND 1. PROPERTY DESCRIPTION: Legal:Lots 20 to 22,Block 8,Gerry’s Addition,located in Section 29,Township 9 North, Range 30 East,W.M.,Records of Franklin County,Washington Parcel 112053242). General Location:523 West Bonneville Street;located near the northeast corner of West Bonneville Street and North 5th Avenue in Pasco,WA. Property Size:24 Acres 10,499.62 Square feet). 2. ACCESS:The parcel has access from West Bonneville Street. 3. UTILITIES:Municipal water is located in West Bonneville Street;Sewer service is in the alley behind. 4. LAND USE AND ZONING:The property is currently zoned C 1 Retail Business).The site is developed with a Single Family Dwelling Unit SFDU).Surrounding properties are zoned and developed as follows: North R 4 SFDUs and Multi Family East C 1 Multi Family South C 1 SFDUs and Multi Family West R 1 Church 5. Comprehensive Plan:The Comprehensive Plan Land Use Map designates the area Medium Density Residential;”the Medium Density Residential”designation allows for Single family residential development at a density of 6 to 20 dwelling units per acre. Allowable zoning for the Medium Density Residential”land use designation includes the R 2 through R 4 and RP zones. 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 19 January 2022 for this project under WAC 197 11 158. Page 92 of 159 2 ANALYSIS Request John Kennedy,has submitted an application to rezone Parcel 112053242,located along the north side of West Bonneville Street,from C 1 Retail Business)to R 3 Medium Density Residential). Site The site comprises 24 Acres 10,499.62 square feet)and has frontage access on West Bonneville Street. The Comprehensive Plan designates the lot Medium Density Residential.”The Medium Density Residential”designation allows for R 2 through R 4 and RP zoning and may be developed with single family dwellings,patio homes,townhouses,apartments,and condominiums. Residential density may range from 6 to 20 dwelling units per acre in the Medium Density Residential”designated area. The rezone request is consistent with the Comprehensive Plan Land Use Map designation. History The site was incorporated into the City of Pasco in 1910 Ordinance 1).The home on the site was built in 1929.The site was zoned C 1 Commercial District)in 1938 Ordinance 435),and rezoned to C 2 at some undetermined time,and from C 2 back to C 1 in 1974 Ordinance 1630) The site has not been rezoned since. In support of their petition,Applicant has noted the following: Parcel#112053242 is currently a residential property.This parcel as well as the adjacent parcels are residential;some are multi family parcels.This parcel being a residential property is currently zoned as C 1.Being a C 1 zoned parcel impedes the sale of the home for residential purposes.R 3 rezoning enables the property to be sold as a residential home.Rezoning the parcel to R 3 complies with City of Pasco's Comprehensive Plan.” 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 zoned C 1 Commercial District)in 1938 Ordinance 435)and rezoned to C 2 at some undetermined time;the site was then rezoned from C 2 back to C 1 in 1974 Ordinance 1630). The site has not been rezoned since. 2. The changed conditions,which are alleged to warrant other or additional zoning: Page 93 of 159 3 The home was built in 1929,prior to the Commercial zoning being implemented in the area.Banks do not loan against residential units in commercial zoning districts due to Pasco Municipal Code PMC)25.170.050(2),which states:No building damaged by fire or other causes to the extent of more than 50 percent of the assessed value of the structure as determined by the records of the Franklin County Assessor shall be repaired or rebuilt,except multifamily units The structure is a single family dwelling unit SFDU). Applicant has made an offer on the house but cannot secure financing for the purchase.According to Applicant,The current C 1 zoning makes it impossible for a home buyer to get a home loan, due to its current zoning status.Therefore rezoning to R 3 will enable the parcel to be sold as a residential property and a bank to issue a home loan.” The Comprehensive Plan Land Use Map designation for the area was changed from Commercial” to Mixed Residential”in 2004,and to Medium Density Residential”with the most recent Comprehensive Plan update. As well,the parcel to the east was rezoned from C 1 to R 1 in 2019 Ordinance 4450). 3. Facts to justify the change on the basis of advancing the public health,safety and general welfare: Applicant has submitted the following: The current state of the property requires major renovation in order for this property to be move in ready.Current C 1 zoning will not allow to update,renovate and restore this beautiful 1929 house.Rezoning and renovating the house will help alleviate some the City's pressing housing needs.” The rezone application is 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. 4. The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: The area consists primarily of fully developed lots with a mix of SFDUs,Multi Family,commercial, and church uses.Rezoning the property to R 3 would allow a nonconforming use,which was legally established in 1929 and became nonconforming in 1938 with the establishment of the zoning code,to become conforming,and allow prospective purchasers to obtain bank financing. 5. The effect on the property owner or owners if the request is not granted: As per Applicant,This house has been in the market since 2020,has had over the months multiple accepted offers for residential purposes;however current C 1 zoning has hindered the completion of the sale of the property. Property has been vacant since it went on the market it will remain vacant until it sells.” 6. The Comprehensive Plan land use designation for the property The Land Use Element of the Plan now designates the lot Medium Density Residential.”The Medium Density Residential”designation allows for R 2 through R 4 and RP zoning and may be Page 94 of 159 4 developed with single family dwellings,patio homes,townhouses,apartments,and condominiums. 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. 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 21 January 2022. 2. Applicant wishes to rezone Parcel 112053242,from C 1 Retail Business)to R 3 Medium Density Residential). 3. Site is located along the north side of West Bonneville Street. 4. The site comprises 24 Acres 10,499.62 square feet) 5. The site has frontage access on West Bonneville Street. 6. The Comprehensive Plan designates the lot Medium Density Residential.” 7. The Medium Density Residential”designation allows for R 2 through R 4 and RP zoning 8. The Medium Density Residential”designation may be developed with single family dwellings,patio homes,townhouses,apartments,and condominiums. 9. Residential density may range from 6 to 20 dwelling units per acre in the Medium Density Residential”designated area. 10. The rezone request is consistent with the Comprehensive Plan Land Use Map designation. 11. The site was incorporated into the City of Pasco in 1910 Ordinance 1). 12. The site was zoned C 1 in 1938. 13. The site was rezoned to C 2 at some undetermined time between 1938 and 1974 14. The site was rezoned from C 2 to C 1 in 1974. 15. The site has not been rezoned since 1974. 16. The home was built in 1929. 17. The home was built prior to the Commercial zoning being implemented in the area. 18. Banks do not loan against residential units in commercial zoning districts in Pasco 19. PMC 25.170.050(2)prohibits the rebuilding of SFDUs in commercial zoning districts. 20. The Comprehensive Plan Land Use Map designation for the area was changed from Commercial”to Mixed Residential”in 2004. 21. The Comprehensive Plan Land Use Map designation for the area was recently changed from Mixed Residential”to Medium Density Residential.” 22. The parcel to the east was rezoned from C 1 to R 1 in 2019. 23. According to Applicant,the house has been in the market since 2020. 24. According to Applicant,the house has had multiple accepted offers. Page 95 of 159 5 25. According to Applicant,current C 1 zoning has hindered the completion of the sale of the property. 26. According to Applicant the property has been vacant since it went on the market. 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. The Medium Density Residential”designation allows for R 2 through R 4 and RP zoning and may be developed with single family dwellings,patio homes,townhouses,apartments,and condominiums. 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 Goal LU 5:maintain a broad range of residential land use designations to accommodate a variety of lifestyles and housing opportunities Land Use Policy LU 5 A:Allow a variety of residential densities throughout the UGA The proposed rezone would help to provide a variety of residential densities by providing an area of small lot single family residential development. Land Use Policy LU 5 B:Encourage higher residential densities within and adjacent to major travel corridors,Downtown Central Business District),and Broadmoor R 2 through R 4 and RP zoning would provide for higher density zoning Downtown adjacent the Central Business District). 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 Land Use Element of the Comprehensive Plan designates the lot Medium Density Residential.” Medium Density Residential development of the site would be compatible with the type and density anticipated under the Pasco Comprehensive Plan. The Medium Density Residential”designation allows for R 2 through R 4 and RP zoning and may Page 96 of 159 6 be developed with single family dwellings,patio homes,townhouses,apartments,and condominiums. 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. 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 designates the lot Medium Density Residential.” The Medium Density Residential”designation allows for R 2 through R 4 and RP zoning and may be developed with single family dwellings,patio homes,townhouses,apartments,and condominiums. Further,a rezone of the property will relieve its non conforming status and allow for legal residence.The proposal is supported by land use goals and policies contained in the Comprehensive Plan. 4.Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. The 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. 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 20 to 22,Block 8, Gerry’s Addition,located in Section 29,Township 9 North,Range 30 East,W.M.Parcel 112053242)located at 523 West Bonneville Street in Pasco,Franklin County,Washington,be rezoned from C 1 Retail Business)to R 3 Medium Density Residential). Page 97 of 159 S 6TH AVE W COLUM B I A S T W PARK ST N TACOMA AVES 3RD AVES 2ND AVE W L E W I S S T S 7TH AVEN 7TH AVEN 8TH AVEN 10TH AVEN10THAVECEDAR ROW W YAKIM A S T W S H O S H O N ESTN 2ND AVEN 3RD AVEN 4TH AVEN6THAVEN 9THAVES 5TH AVEN 8TH AVEN5THAVEN 1ST AVES 1ST AVE W CLARK S T N7THAVEWNIXON S T S 4TH AVES 1ST AVEWBONN E V I L L E S T W SHOSH O N E S T W SYLVESTER S N 5TH AVE W BONN E V I L L E S T W SHOSH O N E S T N4TH AVE 0 70 140 21028035 Feet 0 70 140 210 28035 Feet Vicinity Map Item: Valdez Rezone - C-1 to R-3 Applicant: SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs SFDUs 2-4 Units 2-4 Units 2-4 Units Multiunits Multiunits Multiunits 46 - Transportation Auto Parking 46 - Transportation Auto Parking Commercial Retail Commercial Grocery Commercial Commecial ServicesOffice Office 71 - Recreational Cultural Public assembly Public assembly Public assembly Public assembly Vacant Vacant VacantN 5TH AVE W BONN E V I L L E S T W SHOSH O N E S T N 4THAVE 0 70 140 210 28035 Feet Land Use Map Item: Valdez Rezone - C-1 to R-3 Applicant: John C-1 C-1 C-1 R-1 R-3 R-3 R-3 R-3 R-4 R-1N 5TH AVE W BONN E V I L L E S T W SHOSH O N E S T N 4THAVE 0 70 140 210 28035 Feet Zoning Map Item: Valdez Rezone - C-1 to R-3 Applicant: John Medium Density Residential Low Density Residential N 5TH AVE W BONN E V I L L E S T W SHOSH O N E S T N4TH AVE 0 70 140 210 28035 Feet Comp Plan Map Item: Valdez Rezone - C-1 to R-3 Applicant: N 5TH AVE W BONN E V I L L E S T W SHOSH O N E S T N4TH AVE 0 70 140 210 28035 Feet Exhibit A"Item: Valdez Rezone - C-1 to R-3 Applicant: Looking North Looking Northeast Looking East Looking Southeast Looking South Looking Southwest Looking West Looking Northwest Site Cit:VPasco Master File # ------ Applicant Info Name: John Kennedy Address: Community & Economic Development Department PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441/ F: 509.545.3499 CITY OF PASCO PETITION FOR ZONE CHANGE Date Submitted: Owner Info Fee:$825 if different than applicant) Name: Leandro Valdez Address: 3425 E A Street K103, Pasco WA 99301 523 W Bonneville Street, Pasco, WA 99301 Phone: Phone: 317)258-8796 Email: Email: johnkennedy8586@gmail.com Project Address: 523 W Bonneville Street, Pasco WA 99301 Project Parcel Number: _1_1 _20_53 _2_4 _2 ______________________ _ Current Zoning: _C_1 ____________________________ _ Requested Zoning:_R_3 ___________________________ _ Describe the nature and effect of the proposed change: Parcel#112053242 is currently a residential property. This parcel as well as the adjacent parcels are residential, some are multifamily parcels. This parcel being a residential property is currently zoned as C1. Being a C1 zoned parcel impedes the sale of the home for residential purposes. R3 rezoning enables the property to be sold as a residential home. Rezoning the parcel to R3 complies with City of Pasco's Comprehensive Plan Estimated time frame of development: We have requested the rezoning to take effect by the end of February. Updated July 2019 Page 113 of 159 What conditions warrant the proposed rezone? The current C1 zoning makes it impossible for a home buyer to get a home loan, due to its current zoning status. Therefore rezoning to R3 will enable the parcel to be sold as a residential propertyand a bank to issue a home loan. How will the proposed rezone advance the health, safety, and general welfare of the community? The current state of the property requires major renovation in order for this propertyto be move in ready. Current C1 zoning will not allow to update, renovate and restore this beautiful 1929 house. Rezoning and renovating the house will help alleviate some the City's pressing housing needs. What effect will the proposed change have on the value and character of adjacent property? Rezoning a C1 zoned house to what should be R3 parcel will have no negative impact to the value and character of adjacent properties. How does the proposed rezone relate to the City's Comprehensive Plan? The dwelling at 523 W BONNEVILLE ST (Parcel # 112053242) has a Comprehensive Plan Land Use Medium Density Residential. Therefore it will be in conformance with the Pasco Comprehensive Plan. What effect will be realized by the owner(s) if the proposed rezone is not granted? This house has been in the market since 2020, has had over the months multiple accepted offers forresidential purposes, however current C1 zoning has hindered the completion of the sale of the property. Propertyhas been vacant since it went on the market it will remain vacant until it sales. NOTE: Provide a variance report giving a list and mailing address of owners of all property within 300 feet of the applicant's property, as shown by a local title company OR payment of $50.00 which shall be utilized by the City to obtain a current list of property owners of all properties within 300 feet of the applicant's property. Page 114 of 159 I PSco Community & Economic Development Department PO Box 293,525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.5453499 Fee for Rezone Environmental Checklist Radius Notification SEPA Checklist State of Washington ) County of Franklin ) ss. C Site map 700.00 75.00 $ 50.00 825.00 C Fee of $825 Fee:$825 duly commissioned an sworn, personally appeared a... _________ .......... __.______. .......... ____ being duly sworn /her oath th0/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 AN D SWORN to before me thi day of b::( , 2ll2} Updated July 2019 Notary Public i and for the State of Washington Residing at P(j:) My Commis-si ...... o .... n __ e._.x __ p-ir_e __ lU_n_l_i_02_2 __ _ Page 115 of 159 PclScoCommunity & Economic Development Department PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441/ F: 509.545.3499 Fee:$825 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 PL AN: 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: Aftercompletion 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 Page 116 of 159 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. CITYCOUNCIL: 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. Page 117 of 159 Affidavit of Mailing In regards to MF# Z2021-019 I, Carmen Patrick, hereby confirm that notification was sent by mail on January 24, 2022, 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 this24th day, January of 2022. Representative's Signature Page 118 of 159 Community Development Department PO Box 293, 525 N 3rd Ave, Pasco, WA 99301 P: 509.545.3441 / F: 509.545.3499 NOTICE OF PUBLIC HEARING Si necesita ayuda para entender este aviso o necesita mas informaci6n, por favor llame al Departamento de Desarrollo Comunitario y Econ6mico de la Ciudad de Pasco a 509-545-3441. Proposal: John Kennedy, on behalf of Leandro Valdez has submitted a rezone application (Z 2021-019) from C-1 Retail Business District) to R-3 (Medium-Density Residential) at 523 W Bonneville Street, Pasco, Washington 99301 for Franklin County Parcel No 112053242 described as Lots 20 to 22, Block 8, Gerry'sAddition. Located in Section 29, Township 9 North, Range 30 East, W.M. The site is located on W Bonneville Street, approximately 110 feet east of N 5th Avenue. 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 February 9, 2022. Only comments received by the referenced date will beincluded in the public record. If you have questions on the proposal, contact the Planning Division at (509) 545-3441 or via e-mail to: planning@pasco-wa.gov. Open Record Hearing: The Hearing Examiner will conduct the open record hearing at 6:00 p.m. on February9, 2022, in the Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco, Washington. The Hearing Examiner will consider public testimony concerning the above Rezone application (Z2021-019) from RT to R-3 at this meeting. If you wish to participate in the hearing virtually, please register at least 24 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 recommendation to City Council on the Rezone application within ten (10) business days of the close of the public hearing. Prepared January 21. 2022, by: Jacob B. Gonzalez, Planning Manager, PO Box 293 Pasco, WA 99301 (509) 545-3441 Page 119 of 159 o;=- Page 120 of 159 Page 121 of 159 PRUDENCIO & GRICELDA MARISCAL 522 W SHOSHONE ST PASCO, WA99301 QUALITY FIRST CONSTRUCTION LLC 217308 E BOWLES RD KENNEWICK, WA99337 RUBY T SOTO 604 N BEECH AVE PASCO, WA99301 RUTH ANN POUND PO BOX B PASCO, WA99302 SALVATION ARMY PO BOX 92 19 SEATTLE, WA98109 TOMMY A& HANNELORE H MOORE 523 W SHOSHONE ST PASCO, WA99301 VIRGINIA IRIBARREN VELEZ 37 10 W CANYON LAKES DR APT E10 3 KENNEWICK, WA99337 Page 122 of 159 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: 19 January 2022 Project Name: Valdez Rezone; C-1 to R-3 Project Number: SEPA 2022-001 / Z 2021-019 Proponent: Applicant: Leandro Valdez 523 W Bonneville Street Pasco, WA 99301 John Kennedy 3425 E A Street K103 Pasco, WA 99301 Description of Proposal: Rezone a parcel from C-1 (Retail Business) to R-3 (Medium- Density Residential). Location of Proposal: situated at 523 West Bonneville Street near the northeast corner of North 5th Avenue and West Bonneville Street in Pasco, WA (Parcel 112053242). 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 ofa 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 ithin 10 days of this determination. Responsible Official: -----,--1:..-=---.......,.-----i.--"""'--------------- 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 Page 123 of 159 form, contain a concise statement of the matter being appealed and the basic rationale for the appeal. A fee is required per the City's Fee Resolution. Please note that failure to file a timely and complete appeal shall constitute a waiver of all rights to an administrative appeal under City code. All comments or appeals are to be directed to the City of Pasco Planning Department, PO Box 293, Pasco, WA, 99301, Attn: Rick White. Page 124 of 159 AGENDA REPORT FOR: City Council March 2, 2022 TO: Dave Zabell, City Manager City Council Regular Meeting: 3/7/22 FROM: Rick White, Director Community & Economic Development SUBJECT: Resolution - Single Room Occupancy (SRO) Housing I. REFERENCE(S): Proposed Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. ___, declaring a moratorium prohibiting permitting Single Room Occupancy (SRO) Housing and conversion thereto in the City of Pasco, pending study of impact and best development practices and policy. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: This is a follow-up to Council discussion and consensus at the February 28, 2022, Council Workshop where a majority of Council favored a moratorium on conversion or development of additional single room occupancy housing. The moratorium imposed by this Resolution shall become effective on the date established and shall continue in effect for an initial period of six (6) months, unless repealed, extended, or modified by the City Council after a public hearing and the entry of appropriate findings of fact as required by RCW 35A.63.220. The Discussion below is taken verbatim from the Council agenda report of February 28,2022 and is included for background reference. V. DISCUSSION: Page 125 of 159 There are a variety of factors that may benefit from evaluation for the development of SRO housing. These include, but are not limited to: Assessment of current development standards Study of anti-displacement strategies and protective measures Coordination with Visit Tri-Cities, Lodging Tax Advisory Committee, and housing stakeholders Consideration within the Pasco Housing Action and Implementation Plan and the Tri-Cities Consolidated Plan havconversionshotelthreePascoinAlthoughseparate beene issued conditional use permits, none of those three have been issued a building permit for the actual physical conversion, but all are vested under current regulations. A number of options are present for Council and include: Take no further action and let the market dictate the rate and timing of conversions - recognizing that the City is going through a Housing Capacity offerwillwhichsummer) Plan completion (estimated in additional insights for consideration: Establish a moratorium on the conversion process and reassess after completion of the Housing Capacity Plan - recognizing that establishing a moratorium requires a set standard of process and is limited in duration; and Repeal the applicable ordinance establishing the SRO process in the Pasco Municipal Code. Page 126 of 159 Resolution - Moratorium – SRO - 1 RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, DECLARING A MORATORIUM PROHIBITING PERMITTING SINGLE ROOM OCCUPANCY SRO) HOUSING AND CONVERSION THERETO IN THE CITY OF PASCO PENDING STUDY OF IMPACTS AND BEST DEVELOPMENT PRACTICES AND POLICY WHEREAS, pursuant to Ordinance 4425 passed on February 19, 2019, the City of Pasco made provision in its code, at 25.162 for siting SRO facilities in its C-1 (Retail Business), C-2 Central Business District), and C-3 (General Business District); and WHEREAS, the purpose of Ordinance 4425 was to address non-compliance of certain public nuisance properties, while also providing for low-income housing for City residents; and WHEREAS, SROs have historically provided low-income housing to both men and women dating back to the 19th Century; and WHEREAS, SROs have also historically been the subject of unfair criticism and stereotyping concerning their value, particularly in high value commercial districts; and WHEREAS, the City of Pasco sees the potential for real impact to the City’s homeless populations, but lacks current information necessary to ensure that best practices in terms of development and SRO policy are utilized to reach the greatest number of residents; and WHEREAS, the City has identified appropriate zones in which to locate SROs, but currently lacks codes, regulations, and policies which could best effectuate the original intent behind Ordinance 4425; and WHEREAS, SRO housing policies include a range of broad topics warranting review of the Department of Housing and Urban Development (HUD) rules and regulations relating to policy limits, to ensure equal and fair treatment of all SRO residents in the City of Pasco; and WHEREAS, under RCW 35A.63.220 authorizes the City to adopt a Moratorium with a public hearing which must be held within sixty (60) days of the date of the adoption of a Moratorium., NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, hereby resolves as follows: Section 1. Moratorium Established. A Moratorium is hereby established suspending the permitting and conversion process for SROs pursuant to Pasco Municipal Code 25.162 to allow for the City to conduct a study on SRO’s impacts and best practices in terms of development standards and housing policy. Page 127 of 159 Resolution - Moratorium – SRO - 2 Section 2. Term of Moratorium. The Moratorium shall expire six (6) months from the date of its authorization by the City Council unless further extended, pursuant to RCW 35A.63.220, by the City Council of the City of Pasco. Section 3. Public Hearing. A public hearing shall be scheduled for 7:00 p.m., or as soon thereafter as the matter may be heard, on the 18th day of April, 2022, at the City Council Chambers of City Hall, where it will hear evidence and consider the comments and testimony of those wishing to speak at such public hearing regarding the Moratorium. Section 4. Preliminary Findings. A. The impacts to the City due to the application of SROs could be significant on the City’s roads and traffic system; B. There may also be parking implications that would have impacts on the City; C. SROs may also affect residential and commercial neighborhoods in the City; and D. The City needs time to evaluate the impacts and to address them in terms of potential regulations of SROs. Section 5. Effective Date. This Resolution and its initial Moratorium shall be in full force and effect upon its passage and signature below, and the initial period of the Moratorium shall be for six (6) months, expiring on the 7th day of September, 2022, unless otherwise terminated or extended. PASSED by the City Council of the City of Pasco, Washington, this 7th day of March, 2022. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 128 of 159 AGENDA REPORT FOR: City Council February 14, 2022 TO: Dave Zabell, City Manager City Council Regular Meeting: 3/7/22 FROM: Steve Worley, Director Public Works SUBJECT: *Resolutions - Project Acceptances - 1) South Maitland Lift Station; 2) 9th Washington Lift Station; 3) West Court Street Overlay (road 32 to road 40); 4) Road 68 Widening - South of I-182 I. REFERENCE(S): Resolutions PowerPoint Presentations II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: move toI appro workacceptingNo._________, Resolutionve performed by C&E Trenching, LLC. under contract for the South Maitland Lift Station project. MOTION: Resolution workacceptingapproveNo._________, move toI performed by C&E Trenching, LLC. under contract for the 9th and Washington Lift Station project. MOTION: acceptingNo._________, Resolutionapprove workmoveIto performed by Central Washington Asphalt, Inc. under contract for the West Court Street Overlay project. MOTION: workacceptingNo._________, ResolutiontomoveIapprove performed by Central Washington Asphalt, Inc. under contract for the Road 68 Widening - South of I-182 project. III. FISCAL IMPACT: See below. Page 129 of 159 IV. HISTORY AND FACTS BRIEF: South Maitland Lift Station The project bid was awarded to C&E Trenching, LLC. out of Pasco, WA on May 4, 2020, in the amount of $111,532.20 by Council action. The project is complete and constructed per specifications. Final construction costs were $110,989.20, with savings of $543 due to actual installed quantities being less than what was originally estimated during design. 9th and Washington Lift Station The project bid was awarded to C&E Trenching, LLC. out of Pasco, WA on May 4, 2020, in the amount of $526,340.76 by Council action. The project is complete and constructed per specifications. Final construction costs were $511,882.33, which includes change orders in the amount of 778.15. West Court Street Overlay (road 32 to road 40) The project bid was awarded to Central Washington Asphalt, Inc. out of Benton City, WA on November 2, 2020, in the amount of $390,111.00 by Council action. The project is complete and constructed per specifications. Final construction costs were $375,319.98, with savings of 14,791.02 due to actual installed quantities being less than what was originally estimated during design. Road 68 Widening - South of I-182 The project bid was awarded to Central Washington Asphalt, Inc. out of Benton City, WA on May 13, 2021, in the amount of $152,236.50 by the City Manager. The project is complete and constructed per specifications. Final construction costs were $146,557.30, with savings of $5,679.20 due to actual installed quantities being less than what was originally estimated during design. Formal acceptance of public works projects are required by State law and start the 45-day period within which an outside vendor, supplier or laborer would have an opportunity to file a claim against this project pursuant to RCW 60.28.011(2). Upon completion of the 45-day lien filing period, retainage being held by the City may be released upon receipts of the following: An affidavit of no liens A release from the Department of Revenue that all taxes have been paid A release from any claims from the Department of Labor and Industries, pursuant to RCW 60.28.051 V. DISCUSSION: Staff recommends the City Council's acceptance of the project's as constructed by the above listed contractors. Page 130 of 159 Resolution – South Maitland Lift Station Project Closeout - 1 RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, ACCEPTING WORK PERFORMED BY C&E TRENCHING, LLC., UNDER CONTRACT FOR PROJECT NO. 15003, SOUTH MAITLAND LIFT STATION PROJECT. WHEREAS, the work performed by C&E Trenching, LLC., under contract for the South Maitland Lift Station project, has been examined by City of Pasco staff and has been found to be in apparent compliance with the applicable project specifications and drawings; and WHEREAS, it is the City Staff’s recommendation that the City of Pasco formally accept the contractor's work and the project as complete. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council concurs with the Staff’s recommendation and thereby accepts the work performed by C&E Trenching, LLC., under contract for the South Maitland Lift Station project, as being completed in apparent compliance with the project specifications and drawings; and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance; and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Director. PASSED by the City Council of the City of Pasco, Washington this ___ day of 2022. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 131 of 159 Resolution – 9th & Washington Lift Station Project Closeout - 1 RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, ACCEPTING WORK PERFORMED BY C&E TRENCHING, LLC., UNDER CONTRACT FOR PROJECT NO. 16007, 9TH & WASHINGTON LIFT STATION PROJECT. WHEREAS, the work performed by C&E Trenching, LLC., under contract for the 9th & Washington Lift Station project, has been examined by City of Pasco staff and has been found to be in apparent compliance with the applicable project specifications and drawings; and WHEREAS, it is the City Staff’s recommendation that the City of Pasco formally accept the contractor's work and the project as complete. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council concurs with the Staff’s recommendation and thereby accepts the work performed by C&E Trenching, LLC., under contract for the 9th & Washington Lift Station project, as being completed in apparent compliance with the project specifications and drawings; and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance; and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Director. PASSED by the City Council of the City of Pasco, Washington this ___ day of 2022. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 132 of 159 Resolution –West Court Street Overlay Project Closeout - 1 RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, ACCEPTING WORK PERFORMED BY CENTRAL WASHINGTON ASPHALT, INC., UNDER CONTRACT FOR PROJECT NO. 20102, WEST COURT STREET OVERLAY PROJECT. WHEREAS, the work performed by Central Washington Asphalt, Inc., under contract for the West Court Street Overlay project, has been examined by City of Pasco staff and has been found to be in apparent compliance with the applicable project specifications and drawings; and WHEREAS, it is the City Staff’s recommendation that the City of Pasco formally accept the contractor's work and the project as complete. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council concurs with the Staff’s recommendation and thereby accepts the work performed by Central Washington Asphalt, Inc., under contract for the West Court Street Overlay project, as being completed in apparent compliance with the project specifications and drawings; and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance; and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Director. PASSED by the City Council of the City of Pasco, Washington this ___ day of 2022. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 133 of 159 Resolution – Road 68 Widening – South of I-182 Project Closeout - 1 RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, ACCEPTING WORK PERFORMED BY CENTRAL WASHINGTON ASPHALT, INC., UNDER CONTRACT FOR PROJECT NO. 20009, ROAD 68 WIDENING – SOUTH OF I-182 PROJECT. WHEREAS, the work performed by Central Washington Asphalt, Inc., under contract for the Road 68 Widening – South of I-182 project, has been examined by City of Pasco staff and has been found to be in apparent compliance with the applicable project specifications and drawings; and WHEREAS, it is the City Staff’s recommendation that the City of Pasco formally accept the contractor's work and the project as complete. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council concurs with the Staff’s recommendation and thereby accepts the work performed by Central Washington Asphalt, Inc., under contract for the Road 68 Widening – South of I-182 project, as being completed in apparent compliance with the project specifications and drawings; and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance; and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Director. PASSED by the City Council of the City of Pasco, Washington this ___ day of 2022. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 134 of 159 Pasco City Council Regular Meeting March 7, 2022Page S Maitland Lift Station This project included the installation of a new valve and pump (pictured). S Maitland Lift Station Change Order Details Awarded CN Contact: $ 111,532.20 Total CN Contract: $ 110,989.20 Savings of $543 due to actual installed quantities being less than what was originally estimated during design. 9th & Washington Lift Station Before 9th & Washington Lift Station In Progress 9th & Washington Lift Station In Progress 9th & Washington Lift Station Completed 9th & Washington Lift Station Change Order Details Awarded CN Contact: $ 526,340.76 Total CN Contract: $ 511,882.33 Change Order #1: $778.15 Reinstall 12” plug valves, incl. fence install and landscape removel, plus cost to modify angle iron and expand hatch (-$1,719.00) Install 6” of gravel in 35 x13 foot area and curb cut 2,435.53) Total Change Order Cost: $778.15 (incl. tax) West Court St Overlay Before West Court St Overlay In Progress West Court St Overlay In Progress West Court St Overlay In Progress West Court St Overlay Road 44 to 32nd) -Complete West Court St Overlay Change Order Details Awarded CN Contact: $ 390,111.00 Total CN Contract: $ 375,319.98 Savings of $14,791.02 due to actual installed quantities being less than what was originally estimated during design. Rd 68 Widening (S of I-182) Before Rd 68 Widening (S of I-182) In Progress Rd 68 Widening (S of I-182) Complete Rd 68 Widening (S of I-182) Change Order Details Awarded CN Contact: $152,236.50 Total CN Contract: $146,557.30 Savings of $5,679.20 due to actual installed quantities being less than what was originally estimated during design. Questions? QUALITY OF LIFE Promote a high-quality of life through quality programs, services and appropriate investment and re- investment in community infrastructure by: Using Community Development Block Grant (CDBG) and other public and private capital to revitalize older neighborhoods and safe routes to essential services. Continuing efforts toward designing, siting, programming needs, and site selection for a community center and pursuing acquisition of land for future community park. Developing Phase I of the A Street Sporting Complex and continue efforts to provide additional soccer and sports fields. Coordinating with the Pasco Public Facilities District to develop a public education campaign, financial analysis and prepare a ballot measure concerning the development of a regional aquatic facility for consideration by the people. Completing construction of a new animal control facility. Ongoing efforts to improve efficiency and effectiveness of public resources in the delivery of municipal services, programs, and long-term maintenance and viability of public facilities. Collaborating with the Inclusion, Diversity and Equity Commission and community leaders to enhance engagement efforts and organizational cultural competency. Updating design standards for the development of new neighborhoods and re-development to promote greater neighborhood cohesion through design elements, e.g.: walkability, aesthetics, sustainability, and community gathering spaces. Updating Parks and Facilities Comprehensive Plan to include: public facilities inventory, needs assessment, level of service, and centers evaluation. Teaming withlocal andregional partnersto developaHousingAction Planwith afocus onstrategies that emphasize affordable housing. FINANCIAL SUSTAINABILITY Enhance the long-term financial viability, value, and service levels of services and programs, including: Regular evaluation of services and programs to confirm importance to community, adequacy, and cost-benefit. Continuation of cost of service and recovery targets in evaluating City services. Ongoing evaluation of costs, processes and performance associated with delivery of City services including customer feedback and satisfaction, staffing, facilities, and partnership opportunities. Instilling and promoting an organizational culture of customer service across all business lines. Updating policies relating to urbanization of the unincorporated islands to assure consistency with long-range planning, community safety, and fiscal sustainability. City Council Goals 2020-2021 Page 154 of 159 COMMUNITY SAFETY Preserve past improvements and promote future gains by: Developinga Comprehensive Police Strategic Master Plan through a transparentprocess toevaluate futureservice levels of the department to assuresustainability, public safety, and crime control over thenext 5-10 years. Collaborating with regional and community partners to evaluate and implement strategies to reduce the incidenceof homelessness. Leveraging and expanding partnerships to maintain and enhance behavioral health services to community members in crisis beingassisted by police and fire. Continuing efforts to improve police and community relations. Working toachieve and maintain target fire response timesthrough operationalimprovements and long-range strategic planning of facilitiesand staffing. Focusing on the long-term goal of sustaining a Washington State Rating Bureau Class 3 community rating. Leveraging infrastructure database of sidewalks, streetlights and pavement conditions along with evaluating policies and methods to address needs and inequities. COMMUNITY TRANSPORTATION NETWORK Promote a highly-functional multi-modal transportation network through: Commencement and completion of construction of the Lewis Street Overpass project. Continued emphasison improvementsin Road68/I-182/Burden Blvd. corridor toimprove operation and safety. Data-driven pro-active neighborhood traffic calming efforts. Continued collaboration with Ben Franklin Transit to enhance mobility and access. Completion of a Transportation System Master Plan and utilization of its recommendations to develop policies, regulations, programs, and projects that provide for greater connectivity, strategic investment, mobility, multi-modal systems, accessibility, efficiency and safety. ECONOMIC VITALITY Promote and encourage economic vitality by supporting: Downtown revitalization efforts of Downtown Pasco Development Authority (DPDA), post-COVID restart, and City initiatives such as Downtown Master Plan process and sign code modifications. The construction of Peanuts Park and Farmers Market and continued efforts to pursue streetscape and gateway upgrades. The completion of the Comprehensive Land Use Plan Update and Broadmoor Master Plan efforts, adoption of Urban Growth Area expansion alternative, implementation of adopted long-range planning efforts with appropriateanalysis and adoption of planning actions including: zoning code changes, phased sign code update, anddevelopment regulations and standards. Increased efforts to promote the community as a desirable place for commercial and industrial development by promoting small business outreach and assistance, predictability inproject review, and excellent customer service. Partnerships and encouragement of Department of Natural Resources (DNR) to facilitate development of the remaining state-owned properties at Road 68/I-182. Page 155 of 159 Continued coordination with the Port of Pasco to complete and implement a waterfront-zoning plan and provide for public infrastructure. Active partnerships in the planning and development of strategies to promote tourism and deployment of assets to spur economic activity. In concert with community partners, development of a comprehensive economic development plan. COMMUNITY IDENTITY Identify opportunities to enhance community identity, cohesion and image through: Continued efforts of community surveyingthrough traditional methods and the application of new technologies. Providing opportunities for community engagement through boards, commissions, volunteer opportunities, social media, forums, and other outlets. Enhanced inter-agency and constituent coordination developed during thepandemic. Continued efforts of the community identity/image enhancement campaign to include promotion of community and organizational successes. Enhanced participation and support of cultural events occurring within the community. Support of the Arts and Culture Commission in promoting unity and the celebration of diversity through art and culture programs. For more information, visit www.pasco-wa.gov/councilgoals Page 156 of 159 CALIDAD DE VIDA Promover una vida de buena calidad a través de programas de calidad, servicios e inversiones y reinversiones adecuadas en la infraestructura de la comunidad al: Utilizar una Community Development Block Grant (CDBG) (Concesión de Ayuda Federal para el Desarrollo Comunitario) y otro capital público y privado para renovar las vecindades antiguas y las rutas seguras a los servicios esenciales. Continuar los esfuerzos hacia el diseño, las obras de construcción, las necesidades programáticas, y la elección de dichas obras de construcción, para un centro comunitario y comprar el terreno para un futuro parque comunitario. Desarrollar la 1era Fase del Sporting Complex (Complejo Deportivo) de la Calle A y continuar los esfuerzos de proporcionar más campos de fútbol y de otros deportes. Coordinar con el Pasco Public Facilities District (Distrito de las Instalaciones Públicas de Pasco) para desarrollar una campaña de educación pública, un análisis financiero, y preparar una propuesta sobre el desarrollo de una instalación acuática regional para que sea considerada por el público. Terminar la construcción de una nueva instalación para el control de animales. Continuar los esfuerzos para mejorar la eficiencia y la eficacia de los recursos públicos en la entrega de servicios municipales, programas, y el mantenimiento y la viabilidad a largo plazo de instalaciones públicas. Colaborar con la Inclusion, Diversity and Equity Commission (Comisión de Inclusión, Diversidad, y Equidad) y con los líderes comunitarios para mejorar los esfuerzos de participación y la capacidad cultural organizacional. Actualizar los estándares de diseño para el desarrollo de nuevas vecindades y el redesarrollo para promover más cohesión de las vecindades a través de elementos de diseño, p. ej.: viabilidad peatonal, evaluación de las necesidades, sustentabilidad, y lugares donde se puedan reunir los miembros de la comunidad. Actualizar el Parks and Facilities Comprehensive Plan (Plan Comprehensivo de los Parques y las Instalaciones) para que incluya: un inventario de instalaciones públicas, una evaluación de las necesidades, el nivel de servicio, y la evaluación del centro. Trabajar en equipo con colaboradores regionales para desarrollar un Housing Action Plan (Plan de Acción para Viviendas) con un enfoque en las estrategias que enfatizan viviendas económicas. SUSTENTABILIDAD FINANCIERA Mejorar la sustentabilidad financiera a largo plazo, el valor, y los niveles de servicios y programas, incluyendo: La evaluación regular de los servicios y de los programas para confirmar la importancia de la comunidad, la capitalización adecuada, y el costo-beneficio. Metas del Concilio de la Ciudad del 2020-2021 Page 157 of 159 La continuación del costo por el servicio y de las metas de recuperación al evaluar los servicios de la Ciudad. La evaluación continua de los costos, los procesos y el desempeño relacionado con la entrega de los servicios de la Ciudad incluyendo la retroalimentación y la satisfacción del cliente, el personal, las instalaciones, y las oportunidades colaborativas. Inculcar y promover una cultura organizacional de servicio al cliente a lo largo de todas las líneas de negocio. Actualizar las políticas relacionadas con la urbanización de las islas no incorporadas para asegurar consistencia con la planificación a largo plazo, la seguridad comunitaria, y la sustentabilidad fiscal. SEGURIDAD COMUNITARIA Preservar las mejorías anteriores y promover las ganancias futuras al: Desarrollar un Comprehensive Police Strategic Master Plan (Plan Maestro Estratégico Comprehensivo Policial) a través de un proceso transparente para evaluar los niveles futuros de servicio del departamento para asegurar sustentabilidad, seguridad pública, y control de crímenes durante los siguientes 5-10 años. Trabajar con colaboradores regionales y comunitarios para evaluar e implementar estrategias para reducir los casos de personas sin techo. Hacer uso y ampliar las colaboraciones para mantener y mejorar los servicios de salud conductual a los miembros de la comunidad que se encuentran en medio de una crisis, ayudados por la policía y por los bomberos. Continuar los esfuerzos para mejorar la relación con la policía y con la comunidad. Trabajar para lograr y mantener el tiempo de reacción de los bomberos a través de mejorías operacionales y la planificación estratégica de instalaciones y personal a largo plazo. Enfocarse en la meta a largo plazo de mantener una clasificación de la comunidad Clase 3 del Washington State Rating Bureau (Departamento de Clasificación del Estado de Washington). Utilizar la base de datos de la infraestructura de las banquetas, los faroles, y las condiciones del pavimento, como también evaluar las políticas y los métodos para tratar las necesidades y las injusticias. RED DE TRANSPORTE COMUNITARIO Promover una red de transporte extremadamente funcional y multimodal a través de: El comienzo y el término de la construcción del proyecto Lewis Street Overpass. El énfasiscontinuo en las mejorías de la ruta Road 68/I-182/Burden Blvd. para mejorar la operación y la seguridad. Los esfuerzos proactivos basados en datos para calmar el tráfico en las vecindades. La colaboración continua con Ben Franklin Transit para mejorar la movilidad y el acceso. El término del Transportation System Master Plan (Plan Maestro del Sistema de Transporte) y la utilización de sus recomendaciones para desarrollar políticas, reglas, programas, y proyectos que proporcionan más conectividad, inversiones estratégicas, movilidad, sistemas multimodales, accesibilidad, eficiencia, y seguridad. Page 158 of 159 VITALIDAD ECONOMICA Promovery motivar la vitalidad económica al apoyar: Los esfuerzos de renovación de la Downtown Pasco Development Authority (DPDA) (Autoridad de Desarrollo del Centro de Pasco), el reinicio después de COVID, y las iniciativas de la Ciudad como el proceso del Downtown Master Plan (Plan Maestro del Centro) y las modificaciones de los códigos de anuncios. La construcción del Peanuts Park and Farmers Market (Parque Peanuts y el Mercado) y los esfuerzos continuos para discutir paisajes urbanos y actualizaciones de entradas. El término de los esfuerzos de la Comprehensive Land Use Plan Update (Actualización Comprehensiva del Uso de Terrenos) y los esfuerzos del Broadmoor Master Plan (Plan Maestro de Broadmoor), la adopción de la alternativa de la expansión de Urban Growth Area (Área del Crecimiento Urbano), la implementación de los esfuerzos de planificación a largo plazo con los análisis adecuados y la adopción de acciones de planificación incluyendo: los cambios a los códigos de zonas, la actualización de los códigos de los anuncios de las fases, y el desarrollo de las reglas y los estándares. Más esfuerzos para promover a la comunidad como un lugar atractivo para el desarrollo comercial e industrial al fomentar el alcance y la ayuda a los negocios pequeños, la predictibilidad en la revisión de proyectos, y un excelente servicio al cliente. Las colaboraciones y la motivación del Department of Natural Resources (DNR) (Departamento de Recursos Naturales) para facilitar el desarrollo de las propiedades restantes del estado en Road 68/I- 182. La coordinación continua con el Port of Pasco (Puerto de Pasco) para terminar e implementar un plan de zonas costeras y proporcionar una infraestructura pública. Las colaboraciones activas en la planificacióny el desarrollo de estrategias para promover elturismo y la utilización de recursos para estimular actividad económica. Junto con los colaboradores de la comunidad, crear un plan comprehensivo de desarrollo económico. IDENTIDAD COMUNITARIA Identificar oportunidades para mejorar la identidad comunitaria, la cohesión, y la imagen a través de: Los esfuerzos continuos para evaluar a la comunidad a través de los métodos tradicionales y la aplicación de nuevas tecnologías. Proporcionar oportunidades para la involucración comunitaria a través de mesas directivas, comisiones, oportunidades para voluntarios, medios sociales, foros, y otros medios. Una mejorcoordinación entre las agencias y los constituyentes desarrollada durante la pandémica. Los esfuerzos continuos de campañas para la mejoría de la identidad/imagen comunitaria que promuevan a la comunidad y a los éxitos organizacionales. Una mejorparticipación y apoyode los eventos culturales llevados a cabo dentro de la comunidad. El apoyo de la Arts and Culture Commission (Comisión de Artes y Cultura) al promover la unidad y celebrar la diversidad a través de programas de arte y cultura. Para más información, visite www.pasco-wa.gov/councilgoals Page 159 of 159