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HomeMy WebLinkAbout2022.04.18 Council Meeting Packet AGENDA City Council Regular Meeting 7:00 PM - Monday, April 18, 2022 City Council Chambers & GoToWebinar Page 1. MEETING INSTRUCTIONS for REMOTE ACCESS - 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 this 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. 6 - 15 (a) Approval of Meeting Minutes To approve the minutes of the Pasco City Council Regular Meeting and Regular Workshop held on April 4, 2022 and April 11, 2022. 16 - 18 (b) Bills and Communications Page 1 of 208 To approve claims in the total amount of $3,438,405.67 ($2,263,169.50 in Check Nos. 247669-247946; $107,180.07 in Electronic Transfer Nos. 835214-835221, 835342, 835348; $23,868.33 in Check Nos. 53864-53878; $1,026,465.18 in Electronic Transfer Nos. 30173642- 30174179; $17,722.59 in Electronic Transfer Nos. 875; $538.36 in Electronic Transfer Nos. 161-163). 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 $181,357.58 and, of that amount, authorize $0.00 to be turned over for collection. (RC) MOTION: I move to approve the Consent Agenda as read. 5. PROCLAMATIONS AND ACKNOWLEDGEMENTS 19 - 22 (a) Proclamation - Recognizing the 110th Anniversary of the Pasco Chamber of Commerce Mayor Barajas will read the proclamation acknowledging the 110th anniversary of the Pasco Chamber of Commerce and Colin Hastings, Executive Director of the Pasco Chamber of Commerce will be present to accept the proclamation. 6. VISITORS - OTHER THAN AGENDA ITEMS - This item is provided to allow citizens the opportunity to bring items to the attention of the City Council or to express an opinion on an issue. Its purpose is not to provide a venue for debate or for the posing of questions with the expectation of an i mmediate response. Some questions require consideration by Council over time and after a deliberative process with input from a number of different sources; some questions are best directed to staff members who have access to specific information. Citizen comments will normally be limited to three minutes each by the Mayor. Those with lengthy messages are invited to summarize their comments and/or submit written information for consideration by the Council outside of formal meetings. 7. REPORTS FROM COMMITTEES AND/OR OFFICERS (a) Verbal Reports from Councilmembers 8. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO 23 - 29 (a) Continued Appeal Hearing - Findings of Fact and Ordinance approving Duarte Rezone (APPL 2022-001 & Z 2021-017) MOTION: I move to adopt Ordinance No. 4586, rezoning property located near the northeast corner of North 28th Avenue and West Ella Page 2 of 208 Street from from RS-12 to R-1, and further, authorize publication by summary only. 30 - 33 (b) Single Room Occupancy (SRO) Housing Moratorium Conduct Public Hearing 9. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS 34 - 185 (a) Ordinance - Amending Pasco Municipal Code Related to Corner Lot Fencing (CA2021-009) MOTION: I move to adopt Ordinance No. 4587, amending the Pasco Municipal Code related to fencing design and placement standards on Corner Lots, and further, authorize publication by summary only. 186 - 189 (b) *Resolution - Supporting Pasco Public Facilities District ballot proposition. PROPOSITION 1 PASCO PUBLIC FACILITIES DISTRICT SALES AND USE TAX FOR AQUATICS FACILITY AND COMPETITION POOL. The Pasco Public Facilities District Board of Directors adopted Resolution No. 2022-02 concerning construction and operation of an Aquatics Facility and Competition Pool. This proposition would authorize the District to impose a sales and use tax increase of 2/10ths of 1% in accordance with RCW 82.14.048, for the purpose of paying the costs associated with financing, refinancing, design, acquisition, construction, equipping, operating, maintaining, remodeling, repairing, and reequipping of an indoor/outdoor aquatic center and competition pool. SHOULD THIS PROPOSITION BE APPROVED? Yes ________ No ________ MOTION: I move to approve Resolution No. 4169, in support of passage of Ballot Proposition No. 1 imposing a 2/10ths of 1% sales and use tax for the purpose of funding an aquatic center to be constructed, operated and maintained by the Pasco Public Facilities District. 190 - 202 (c) *Resolution - Project Acceptance for the Road 36 Lift Station Project MOTION: I move to approve Resolution No. 4170, accepting work performed by POW Contracting under contract for the Road 36 Lift Station project. 10. UNFINISHED BUSINESS Page 3 of 208 11. NEW BUSINESS 12. MISCELLANEOUS DISCUSSION 13. EXECUTIVE SESSION 14. ADJOURNMENT 15. ADDITIONAL NOTES (a) (RC) Roll Call Vote Required * Item not previously discussed Q Quasi-Judicial Matter MF# “Master File #....” 203 - 208 (b) Adopted 2020-2021 Council Goals (Reference Only) (c) REMINDERS • Monday, April 18, 6:00 PM: LEOFF Disability Board – City Hall Conference Room 1, Pasco City Hall (MAYOR BLANCH BARAJAS, Rep.; MAYOR PRO TEM CRAIG MALONEY, Alt.) • Tuesday, April 19, 4:00 PM: Pasco Public Facilities District Board Meeting – Council Chambers, Pasco City Hall (MAYOR PRO TEM CRAIG MALONEY, Rep.; COUNCILMEMBER NIKKI TORRES, Alt.) • Wednesday, April 20, 5:30 PM: Benton, Franklin & Walla Walla Counties Good Roads & Transportation Association Meeting – Clover Island Inn, Kennewick (COUNCILMEMBER JOSEPH CAMPOS, Rep.; COUNCILMEMBER PETE SERRANO, Alt.) • Thursday, April 21, 7:30 AM: Hanford Communities Governing Board Meeting – Richland City Council Chambers (COUNCILMEMBER ZAHRA ROACH, Rep.; COUNCILMEMBER PETE SERRANO, Alt.) • Thursday, April 21, 12:30 PM: Greater Columbia Accountable Community Health Leadership Council & Board Meeting – Tri-Cities Community Health Board Room, 800 W. Court St. (COUNCILMEMBER ZAHRA ROACH, Rep.; COUNCILMEMBER NIKKI TORRES, Alt.) • Thursday, April 21, 3:30 PM: Franklin County Emergency Management Council Meeting – EMS Office, 1011 E. Ainsworth (MAYOR BLANCH BARAJAS, Rep.; COUNCILMEMBER DAVID MILNE, Alt.) • Thursday, April 21, 4:00 PM: Downtown Pasco Development Authority – DPDA (COUNCILMEMBER NIKKI TORRES, Rep.; MAYOR PRO TEM CRAIG MALONEY. Alt.) Page 4 of 208 • Thursday, April 21, 4:00 PM: Tri-Cities National Park Committee Meeting – Tri-Cities Regional Business & Visitor Center, Bechtel Board Room, 7130 W. Grandridge Blvd., Kennewick (MAYOR BLANCHE BARAJAS, Rep.; MAYOR PRO TEM CRAIG MANLONEY, Alt.) • Monday, April 25, 4:00 PM: Hanford Area Economic Investment Fund Advisory Committee Meeting – Ben Franklin Transit Main Conference Room (COUNCILMEMBER PETE SERRANO, Rep.) 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 5 of 208 AGENDA REPORT FOR: City Council April 13, 2022 TO: Dave Zabell, City Manager City Council Regular Meeting: 4/18/22 FROM: Debra Barham, City Clerk Administrative & Community Services SUBJECT: Approval of Meeting Minutes I. REFERENCE(S): 04.04.2022 & 04.11.2022 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 April 4, 2022 and April 11, 2022. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 6 of 208 MINUTES City Council Regular Meeting 7:00 PM - Monday, April 4, 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; Jeff Brigg s, 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's Regular Meeting held on March 21st, Retreat held on March 25th & March 26th, and Regular Workshop held on March 28, 2022. Bills and Communications To approve claims in the total amount of $8,286,897.09 ($4,979,178.33 in Check Nos. 247135-247668; $1,507,978.75 in Electronic Transfer Nos. 834851-834898, 834906-835002, 835004-835151, 835172-835184, 835200-835201; $17,047.63 in Check Nos. 53853-53863; $1,777,610.23 in Electronic Transfer Nos. 30172575 - Page 1 of 7Page 7 of 208 30173641; $4,653.07 in Electronic Transfer Nos. 874; $429.08 in Electronic Transfer Nos. 158-160). 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 $142,153.87 and, of that amount, authorize $0.00 to be turned over for collection. Resolution - Incorporating the Regional Pavement Cut Policy to the City's Design and Construction Standards and Specifications To approve Resolution No. 4165, adopting the Regional Pavement Cut Policy and revision to Pasco's Design and Construction Standards and Specifications for Public Works Improvements. Resolution - Interlocal Cooperative Agreement - Quad Cities/BFHD for Funding of Regional Algal Bloom Screening Lab Service To approve Resolution No. 4166, authorizing the City Manager to execute the Interlocal Cooperation Agreement with the Cities of Kennewick, Richland, Pasco, West Richland, and the Benton Franklin Health District for the funding of a Regional Algal Bloom Screening Laboratory and Services. Resolution - Franklin County Comprehensive Emergency Management Plan To approve Resolution No. 4167, accepting and adopting the 2021 Franklin County Comprehensive Emergency Management Plan MOTION: Mayor Pro Tem Maloney moved, and Mr. Campos seconded a motion to approve the Consent Agenda as read. Mr. Serrano commented on Consent Item C. "Resolution - Incorporating the Regional Pavement Cut Policy to the City's Design and Construction Standards and Specifications" and requested it be pulled for further discussion. AMENDED MOTION: Councilmember Serrano moved, seconded by Councilmember Campos to amend the main motion by removing Consent Item C. "Resolution - Incorporating the Regional Pavement Cut Policy to the City's Design and Construction Standards and Specifications" and placing it under Agenda Item 10, "Unfinished Business" for discussion. 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 2 of 7Page 8 of 208 MAIN MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Campos to approve the Consent Agenda as amended. RESULT: Motion carried unanimously 7-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Campos, Councilmember Serrano, Councilmember Torres, Councilmember Milne, and Councilmember Roach PROCLAMATIONS AND ACKNOWLEDGEMENTS Proclaiming April 2 - May 2, 2022 as "Ramadan" Ms. Roach introduced Mian Haq and Sabiha Khan who stepped forwarded and provided a brief history of the local refugee community representing about 20 different cultures and expressing gratitude for the freedoms the United States offers. They acknowledged Mayor Barajas as the first Latina Mayor and expressed appreciation to City Council for recognizing Ramadan this year. Mayor Barajas read and presented the proclamation acknowledging Ramada n from April 2 to May 2, 2022 in the City of Pasco to the representatives from the Muslim community. Mr. Serrano commented on recognizing religious holidays by proclamation. VISITORS - OTHER THAN AGENDA ITEMS Ms. Alexia Strata, Pasco resident, expressed appreciation to Council for the Ramadan proclamation. Ms. Virginia Thomlinson, Pasco resident, expressed appreciation to Council for providing the Ramadan proclamation and she stated that Pasco is a wonderful place to live. Emily Maloney, Pasco resident and Taco Crawl Committee member, announced the 6th Annual Taco Crawl benefiting the Boys & Girls Clubs of Benton and Franklin Counties noting the Crawl will start on April 22 and conclude on May 7, 2022. REPORTS FROM COMMITTEES AND/OR OFFICERS Verbal Reports from Councilmembers Mr. Campos stated that it's the residents that makes Pasco an awesome place to live and work in. Ms. Torres commented on a Cable Bridge Lighting Committee she recently attended. Page 3 of 7Page 9 of 208 Mayor Pro Tem Maloney stated that he was appointed to the Association of Washington Cities (AWC) Legislative Priorities Committee. General Fund Monthly Report - January 2022 Ms. Sigdel briefly commented on the General Fund Report for January 2022. Mayor Pro Tem Maloney expressed appreciation for the monthly report. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO Appeal - Duarte Rezone RS-12 to R-1 Denial (APPL 2022-001) Mayor Barajas announced that the Appeal of the denial of the Duarte Rezone from RS-12 to R-1 was a quasi-judicial action and asked Mr. Briggs to explain the procedure for quasi-judicial items. Mr. Briggs stated this item was Closed Record Hearing, no new evidence may be presented, only those who participated in the Open Record Hearing in front of the Hearing Examiner may testify and arguments must be summary only and not offer new evidence. Mr. Briggs read the quasi-judicial procedure including how the Appearance of Fairness Doctrine applies to it. Next, he asked a ll Councilmembers a series of questions associated with potential conflicts of interest to disclose such potential conflicts or appearance of conflicts. With no response from the Councilmembers, he asked if any members of the public were seeking to disqualify a member of Council from participating in the proceedings. No one came forward. Mr. White provided a brief summary of the Hearing Examiner's denial of the requested zoning change from Mr. Duarte. Mr. Serrano and Mayor Pro Tem Maloney commented on Hearing Examiner's report and briefly discussed the proposed denial with staff. Ms. Duarte, the applicant appealing the denial of the rezone, spoke to Council through her son-in-law who interpreted for her explaining her request for the rezone for the property. Council and staff continued the discussion of the proposed denial. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Torres to direct staff to develop Findings of Fact and accompanying ordinance approving the (Duarte) rezone. RESULT: Motion carried unanimously 7-0 Page 4 of 7Page 10 of 208 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Campos, Councilmember Serrano, Councilmember Torres, Councilmember Milne, and Councilmember Roach Continued Appeal Hearing of Garcia Latecomer for Watermain Installation Mr. White provided a brief history and update to the continued appeal hearing for the Garcia Latecomer Agreement for a watermain installation. Mr. Briggs read the quasi-judicial procedure including how the Appearance of Fairness Doctrine applies to it. Next, he asked all Councilmembers a series of questions associated with potential conflicts of interest to disclose such potential conflicts or appearance of conflicts. With no response from the Councilmembers, he asked if any members of the public were seeking to disqualify a member of Council from participating in the proceedings. No one came forward. Mayor Pro Tem Maloney and the appellant, Mr. Hollingsworth commented on the updated assessment options. Mr. Serrano and Mr. White further discussed the options and the timeframe of the Latecomer Agreement. RECESS Mayor called a recess from 8:03 PM to 7 minutes to allow time for staff to reboot the computer system. The meeting reconvened at 8:10 PM. Continuation of Appeal Mayor Pro Tem Maloney provided some final comments on the options for the Latecomer Agreement. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Campos to approve the front foot assessment for the Garcia Latecomer Agreement. 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 5 of 7Page 11 of 208 ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS Resolution - Setting a Public Hearing Date for Vacating the North-South Alley of Block 2, Kurtzman’s 1st Addition to Pasco (VAC 2022-001) Mr. White provided a brief report on the proposed vacation. Council and staff briefly discussed the proposed vacation of an alleyway. MOTION: Mayor Pro Tem Maloney moved, seconded by Councilmember Roach to approve Resolution No. 4168, setting 7:00 P.M., Monday, May 2, 2022, as the time and date to conduct a public hearing to consider vacating the north -south alley of Block 2 Kurtzman’s 1st addition to Pasco. RESULT: Motion carried unanimously 7-0 AYES: Mayor Barajas, Mayor Pro Tem Maloney, Councilmember Campos, Councilmember Serrano, Councilmember Torres, Councilmember Milne, and Councilmember Roach UNFINISHED BUSINESS Resolution - Incorporating the Regional Pavement Cut Policy to the City's Design and Construction Standards and Specifications Mr. Serrano stated that he pulled this item to determine if this topic was presented to the building community before bringing it forward to Council for consideration. Mr. Worley explained that the Regional Pavement Cut Policy had not been presented to the building community within Pasco. Mr. Serrano and Mayor Pro Tem Maloney both expressed support for the proposed design and construction standards and specifications; however, that it is also important to reach out to those who will be affected by these regional standards. Mayor Pro Tem Maloney invited Steven Bauman to come and speak to this topic and he expressed support for the quality of cut pavement repairs but was not supportive with requiring a wider cut as discussed in the proposed standards and specifications. Mayor Pro Tem Maloney asked for additional information from staff to complete the research. Mr. Zabell summarized the discussion and stated that the Cities of Kennewick and Richland have the design and construction standards for regional payment cuts scheduled for approval at their next Council meetings, while the City of West Richland is holding back a few weeks. He also noted that the 25-foot pavement cut requirement is only for pavement less than five years old and the amount of new Page 6 of 7Page 12 of 208 pavement laid within Pasco is about two and a half miles a year for over 1,200 lane miles. Council and staff agreed to bring this item back after further information is gather for Council to review before making a final approval of the pavement cut policy. ADJOURNMENT There being no further business, the meeting was adjourned at 8:32 PM. PASSED and APPROVED this ____ day of ________________, 20__. APPROVED: ATTEST: Blanche Barajas, Mayor Debra Barham, City Clerk Page 7 of 7Page 13 of 208 MINUTES City Council Workshop Meeting 7:00 PM - Monday, April 11, 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, and Nikki Torres Councilmembers absent: Zahra Roach 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; Darcy Buckley, Finance Manager; 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 Ms. Torres commented on the Pasco Chamber of Commerce meeting held earlier today. Mr. Campos commented on an upcoming Ben Franklin Transit Board meeting scheduled for later this week. Mr. Serrano reminded staff to prepare a proclamation for the Pasco C hamber of Commerce and Mr. Zabell stated that staff is working with the Chamber to prepare the proclamation. Mayor Barajas commented on the recent Arbor Day celebration and tree planting event held on Saturday, April 9th. She also mentioned that Voluntee r Park has plans to turn Page 1 of 2Page 14 of 208 the park into an arboretum where 1,000 trees will be planted over the next several years. ITEMS FOR DISCUSSION Strategic Review - Community and Economic Development Department Mr. White introduced Patrick Ibarra, owner of the Mejorando Group, who reported on the status of the current strategic review targeting the Community & Economic Development Department. Council and Mr. Ibarra discussed the review structure, the outreach efforts, and types of recommendations that will come out of the review. MISCELLANEOUS COUNCIL DISCUSSION Mr. Zabell announced the Cinco de Mayo celebration is scheduled for May 6 to 8, 2022. He also noted that the Downtown Pasco Development Authority (DPDA) and the Latino Business Association (LBA) are partnering on the entertainment efforts for Cinco de Mayo. Mayor Barajas reminded Council that they were invited to participate in the Cinco de Mayo parade. ADJOURNMENT There being no further business, the meeting was adjourned at 7:23 PM. PASSED and APPROVED this __ day of ________________, 20__. APPROVED: ATTEST: Blanche Barajas, Mayor Debra Barham, City Clerk Page 2 of 2Page 15 of 208 AGENDA REPORT FOR: City Council April 14, 2022 TO: Dave Zabell, City Manager City Council Regular Meeting: 4/18/22 FROM: Richa Sigdel, Finance Director Finance SUBJECT: Bills and Communications I. REFERENCE(S): Accounts Payable 04.18.22 Bad Debt Write-off/Collection for March 2022 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $3,438,405.67 ($2,263,169.50 in Check Nos. 247669-247946; $107,180.07 in Electronic Transfer Nos. 835214-835221, 835342, 835348; $23,868.33 in Check Nos. 53864-53878; $1,026,465.18 in Electronic Transfer Nos. 30173642-30174179; $17,722.59 in Electronic Transfer Nos. 875; $538.36 in Electronic Transfer Nos. 161-163). 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 $181,357.58 and, of that amount, authorize $0.00 to be turned over for collection. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 16 of 208 REPORTING PERIOD: April 18, 2022 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers 247669-247946 53864-53878 Total Check Amount $2,263,169.50 $23,868.33 Total Checks 2,287,037.83$ Electronic Transfer Numbers 835214-835221 30173642-30174179 875 161-163 835342 835348 Total EFT Amount $107,180.07 $1,026,465.18 $17,722.59 $538.36 Total EFTs 1,151,906.20$ Grand Total 3,438,944.03$ Councilmember 445,702.05 31,929.05 34,393.37 1,785.00 1,801.77 24,889.18 2,705.56 356.81 192.98 636.84 1,916.46 0.00 100.39 184.21 561.00 7,661.59 HOTEL/MOTEL EXCISE TAX 5,000.00 965,272.88 604,036.63 123,436.04 15,349.23 88,142.13 11,046.94 1,071,843.92 GRAND TOTAL ALL FUNDS:3,438,944.03$ The City Council March 31 - April 13, 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 18th day of April, 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 HOME CONSORTIUM GRANT MARTIN LUTHER KING COMMUNITY CENTER AMBULANCE SERVICE ARPA CEMETERY ATHLETIC PROGRAMS SENIOR CENTER OPERATING MULTI-MODAL FACILITY EQUIPMENT RENTAL - OPERATING GOVERNMENTAL RIVERSHORE TRAIL & MARINA MAIN LITTER ABATEMENT REVOLVING ABATEMENT ECONOMIC DEVELOPMENT GENERAL CAP PROJECT CONSTRUCTION UTILITY, WATER/SEWER PAYROLL CLEARING EQUIPMENT RENTAL - OPERATING BUSINESS MEDICAL/DENTAL INSURANCE FLEX Page 17 of 208 BAD DEBT WRITE-OFF/COLLECTION March 1 – March 31, 2022 1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-offs under $20 with no current forwarding address or are accounts in "occupant" status. Accounts submitted for collection exceed $20.00. 2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct write off including DSHS and Medicare customers; the law requires that the City accept assignment in these cases. 3. COURT ACCOUNTS RECEIVABLE - These are all delinquent non-criminal and criminal fines, and parking violations over 30 days past due. 4. CODE ENFORCEMENT – LIENS - These are Code Enforcement violation penalties which are either un-collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. 5. CEMETERY - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 6. GENERAL - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct Write-off Referred to Collection Total Write-off Utility Billing $ 206.24 .00 206.24 Ambulance $ 181,151.34 .00 181,151.34 Court A/R $ .00 .00 .00 Code Enforcement $ .00 .00 .00 Cemetery $ .00 .00 .00 General $ .00 .00 .00 Miscellaneous $ .00 .00 .00 TOTAL: $ 181,357.58 .00 181,357.58 Page 18 of 208 AGENDA REPORT FOR: City Council April 12, 2022 TO: Dave Zabell, City Manager City Council Regular Meeting: 4/18/22 FROM: Dave Zabell, City Manager Executive SUBJECT: Proclamation - Recognizing the 110th Anniversary of the Pasco Chamber of Commerce I. REFERENCE(S): Proclamation City Council Proclamation Requests II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Mayor Barajas will read the proclamation acknowledging the 110th anniversary of the Pasco Chamber of Commerce and Colin Hastings, Executive Director of the Pasco Chamber of Commerce will be present to accept the proclamation . III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: Proclamations issued by the Mayor of the City of Pasco provide an opportunity for the City to recognize exceptional events. The goal of a proclamation is to recognize and celebrate the extraordinary achievements of Pasco citizens and non-profit organizations, honor occasions of importance and significance, and increase public awareness of issues to improve the well-being of the people of this city. Information on how to request proclamations is available on the City's website (also attached) to provide equitable opportunity for community members and organizations to have their events and achievements recognized and celebrated. In recent years, staff have initiated proclamations for nationally recognized history months when they are not requested by a community member or organization, this has resulted in unintentional delays in recognition. Page 19 of 208 V. DISCUSSION: The Pasco Chamber of Commerce's mission is, "to foster a vibrant local business environment and to enhance the quality of life in our region." The Pasco Chamber of Commerce was established in 1912 and has served as the “front door” for tens of thousands of individuals and businesses for over 110 years. From business to agriculture to education, the Chamber is a major supporter of the Greater Pasco Area. Page 20 of 208 Proclamation “Pasco Chamber of Commerce – 110th Anniversary” April 15, 2022 WHEREAS, this year marks the 110th Anniversary of the Pasco Chamber of Commerce; and WHEREAS, the Pasco Chamber of Commerce, established April 15, 1912, serves as the “front door” for tens of thousands of individuals and businesses. From business to agriculture to education, the Chamber is a major supporter of the greater Pasco area; and WHEREAS, the mission of the Pasco Chamber of Commerce is to foster a vibrant local business environment and to enhance the quality of life in our region; and WHEREAS, the Pasco Chamber of Commerce works with businesses and industry to advance the civic, economic, industrial, professional, and cultural life of the greater Pasco area; and WHEREAS, the Pasco Chamber of Commerce is supported by the financial and volunteer resources of businesses located and operating in and around the community; and WHEREAS, the Pasco Chamber of Commerce works to promote the region's business community through information resources and networking opportunities; and WHEREAS, the Pasco Chamber of Commerce advocates on behalf of the agriculture community through addressing various issues because of the impact that the ag industry makes on the region; and WHEREAS, the Pasco Chamber of Commerce advocates on preserving the region’s hydropower system for clean, fish friendly & carbon free energy and economic development it provides to the Northwest; and WHEREAS, the Pasco Chamber of Commerce advocates for local businesses and empowers entrepreneurs, while keeping Pasco’s rich history and cultural diversity at the forefront. NOW, THEREFORE, BE IT RESOLVED, that I, Blanche Barajas, Mayor of the City of Pasco, Washington, recognize the contributions and service to the community for 110 years by the Pasco Chamber of Commerce toward improving the community’s quality of life and encourage all residents to support local industries within this great community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Pasco, State of Washington, to be affixed this 18th day of April 2022. ____________________________ Blanche Barajas, Mayor City of Pasco Page 21 of 208 City Council Proclamation Request https://www.pasco-wa.gov/FormCenter/ACS-Form-3-3/City-Council-Proclamation-Request-57-57 Proclamations issued by the Mayor of the City of Pasco ideally provide an opportunity for the City to recognize exceptional events. The goal of a proclamation is to recognize and celebrate the extraordinary achievements of Pasco citizens and non-profit organizations, honor occasions of importance and significance, and increase public awareness of issues to improve the well-being of the people of this city. Proclamation Policy 1. We ask that requests be submitted 30 days prior to the date needed. 2. All requests should clearly include contact information and affiliation of the person submitting the request & the person(s) accepting the proclamation. 3. Requests should include draft language and background information about an exceptional event and sponsoring organization that could be used to prepare the proclamation. 4. Each renewal request will be reviewed on a case-by-case basis. 5. We are unable to accommodate proclamations for out -of-community events or for-profit causes. 6. We ask that National or International groups requesting proclamations have an in -city sponsor. Submission of a proclamation request does not guarantee issuance. Due to the volume of submissions received, we cannot grant every request. However, we want to recognize and honor your organization’s outstanding contributions, commitment, and excellence to our community. Greetings/Other Recognition Greetings from the Mayor or other forms of recognition can be issued when a proclamation request doesn’t meet guidelines. Greetings and/or other recognition shall be used to honor special events or individuals within the City of Pasco. These may include conventions, community celebrations, award ceremonies, college graduations, etc. The Mayor also strongly encourages personal achievement and wishes to showcase significant milestones in the lives of Pasco residents. We ask that any recognition be submitted 30 days prior to the due date for issue to Pasco residents. Page 22 of 208 AGENDA REPORT FOR: City Council April 14, 2022 TO: Dave Zabell, City Manager City Council Regular Meeting: 4/18/22 FROM: Rick White, Director Community & Economic Development SUBJECT: Continued Appeal Hearing - Findings of Fact and Ordinance approving Duarte Rezone (APPL 2022-001 & Z 2021-017) I. REFERENCE(S): Proposed Ordinance Vicinity Map Schematic Vicinity Map Aerial II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. ____, rezonin g property located near the northeast corner of North 28th Avenue and West Ella Street from from RS - 12 to R-1, and further, authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On January 12, 2022, the the Hearing Examiner held an open record public hearing to consider a request to rezone a parcel located on the northeast corner of North 28th Avenue and West Ella Street from RS-12 (Low-Density Residential 12,000 sq ft minimum) to R-1 (Low-Density Residential 7,200 sq ft minimum). Examiner Hearing the hearing, public Following of conduct the the recommended denial of the applicant's request from RS -12 (Low-Density Residential) to R-1 (Low-Density Residential). The applicant appealed the decision. On April 4, 2022, Council held a closed- record appeal hearing (with no new evidence or limited new evidence) to consider the applicant's appeal. Page 23 of 208 Following the closed-record hearing Council voted unanimously to direct staff to develop Findings of Fact and accompanying ordinance approving the rezone, Master File No. Z 2021-017. V. DISCUSSION: The initial review criteria for considering a rezone application are explained in Pasco Municipal Code (PMC) Section 25.210.030. The applicant has the burden of proof to demonstrate compliance with all applicable laws, rules and regulations. In its deliberations at the closed record appeal hearing on April 4th,City Council found that the record supports the following conclusions per Section 25.210.030 of the PMC: 1. The proposal is in accord with the goals and policies of the adopted Comprehensive Plan; 2. The effect of the proposal on the immediate vicinity is not materially detrimental; 3. There is merit and value in the proposal for the community as a whole; 4. The rezone application and anticipated development are subject to the regulations and requirements of the Pasco Municipal Code and the City of Pasco Design and Constructions Standards; and 5. A concomitant agreement is not required under these circumstances. With these conclusions, Council is able to approve the rezone through adoption of the attached Ordinance. Page 24 of 208 Ordinance – Rezone Z 2021-017 - 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 ON A PORTION OF THE SOUTHEAST 1/4 OF SECTION 24, TOWNSHIP 9 NORTH, RANGE 29 EAST, PASCO, WASHINGTON FROM RS-12 TO R-1. WHEREAS, the Petitioner Juana Veronica Porras Duarte, seeks to rezone Parcel 119300257, situated on the northeast corner of North 28th Avenue and West Ella Street in Pasco, Washington; and WHEREAS, a complete petition for change of zoning classification was received by the City and, after notice was issued under PMC 25.210.040, an open record hearing was conducted by the Pasco Hearing Examiner upon such petition on January 12, 2022; and WHEREAS, the Hearing Examiner Report, staff report, and verbatim transcript all form the closed record in this matter and are hereby incorporated by reference as Exhibit A; and WHEREAS, based upon the above record, the Hearing Examiner recommended denial of the rezone request on January 18, 2022, based upon a lack of compliance with petition application criteria found in PMC 25.210.030; and WHEREAS, pursuant to PMC 25.210.070(1), the Petitioner timely filed an appeal, of the Hearing Examiner’s recommendation to the City Council, on January 27, 2022; and WHEREAS, the City Council held a closed-record hearing on March 4, 2022; and WHEREAS, based upon substantial evidence in the record, the City Council finds that the facts in the record satisfy the following requirements of PMC 25.210.030 (1) the date the zoning became effective; (2) the changed conditions which are alleged to warrant other or additional zoning; (3) facts to justify the change on the basis of advancing the public health, safety and general welfare; (4) the effect the zone change will have on the value and character of the adjacent Page 25 of 208 Ordinance – Rezone Z 2021-017 - 2 property and the Comprehensive Plan; (5) the effect on the property owner or owners if the request is not granted; (6) the Comprehensive Plan land use designation for the property; and (7) any additional information requested by the Hearing Examiner; and, WHEREAS, the City Council finds that substantial evidence in the record supports the following findings of fact and conclusions of law: (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) the rezone application and anticipated development are subject to the regulations and requirements of the Pasco Municipal Code and the City of Pasco Design and Constructions Standards; and (e) a concomitant agreement is not required under these circumstances, the City Council, upon appeal developed the above findings in accordance with PMC 25.210.060 and recommends approval of the rezone, which findings and recommendation are hereby adopted by the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed from RS-12 (Low-Density Residential) to R-1 (Low-Density Residential), for the real property as shown in the Exhibit A attached hereto and described as follows: A portion of the Southeast 1/4 of Section 24, Township 9 North, Range 29 East defined as follows: Beginning at the Southwest corner of Lot 25, Block 24, Headlight Addition to Pasco, according to the plat thereof recorded in Volume B of Plats, Page 26, records of Franklin County, Washington; Thence Easterly on the South line of Lot 25, on a continuation of said line, a distance of 400 feet; Thence South parallel with the West line of Said Block 24, the Northwesterly right-of-way line of Primary State Highway No. 3, as established by Deed recorded December 10, 1952, under Auditor's File No. 149402; Thence Northeasterly along said Northwesterly right- of-way line to the center line of Jay Street in said addition; Thence Westerly along the center line of Jay Street to the Westerly line of Block 24 extended Northerly in a straight line; Thence Southerly along the Northerly extension of said West line and the West line of Block 24, to the Point of Beginning. EXCEPT that portion thereof condemned by the State of Washington for highway purposes in Franklin County Superior Court Cause No. 12053. TOGETHER WITH the East half of vacated Vancouver Street (Parcel 119300257). Section 2. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. Page 26 of 208 Ordinance – Rezone Z 2021-017 - 3 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 27 of 208 N28THAVEWWERNETT RD W ELLA ST NUS395TOI182RAMPEWI182TOUS395RAMPSNUS395TOI182RAMPWE I 1 8 2 T O U S 3 9 5 R A MP S / 0 70 140 210 28035 Feet "Exhibit A" R-1 Item: Duarte Rezone RS-12 to R-1 Applicant: Juana Veronica Porras Duarte File #: Z 2021-017 Page 28 of 208 ELLA28THI-182 WILCOX ELLA US 395WERNETT S E A BROOK ROAD 30J A Y I-182 US395TOI182U S 3 9 5 T O I 1 8 2I182TO20TH I182TOUS395 0 140 280 420 56070 Feet 0 140 280 420 56070 Feet Vicinity Map Item: Duarte Rezone RS-12 to R-1 Applicant: Juana Veronica Porras Duarte File #: Z 2021-017 Page 29 of 208 AGENDA REPORT FOR: City Council April 12, 2022 TO: Dave Zabell, City Manager City Council Regular Meeting: 4/18/22 FROM: Rick White, Director Community & Economic Development SUBJECT: Single Room Occupancy (SRO) Housing Moratorium I. REFERENCE(S): Resolution No. 4158 - SRO Moratorium II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Conduct Public Hearing III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: Pursuant to Ordinance No. 4425 passed on February 19, 2019, the City of Pasco made provision in the Pasco Municipal Code (PMC) Chapter 25.162 for the siting of Single Room Occupancy (SRO) housing in the C-1 (Retail Business), C-2 (Central Business District) and C-3 General Business Districts. The intent of Ordinance No. 4425 was to provide low-income housing opportunities and to bring nuisance motels and hotels into compliance. As of April 2022, three separate hotel conversions have been issued conditional use permits, and two of the three have been issued building permits for the physical conversion into SRO's. All are vested under the current regulations. On March 7, 2022, the Pasco City Council adopted Resolution No. 4158, declaring a moratorium prohibiting permitting SRO housing and conversion thereto, in the City of Pasco, pending the study of SRO impacts and best development practices and policies. Page 30 of 208 Resolution No. 4185 states the initial SRO Moratorium shall be for six (6) months, expiring on the 7th day of September 2022, unless otherwise terminated or extended. A public hearing is scheduled for April 18, 2022, at the City Council Chambers of City Hall to hear evidence and consider the comments and testimony of those wishing to speak regarding the issue. The City distributed a notice of a public hearing, published on April 8, 2022, in the Tri-City Herald. V. DISCUSSION: There are a variety of factors that may benefit from evaluation for the development of SRO housing, including: • Assessment of current development standards • Study of anti-displacement strategies and tenant protective measures • Coordination with Visit Tri-Cities, Lodging Tax Advisory Committee, and regional housing stakeholders • Consideration within the Pasco Housing Action and Implementation Plan and the Tri-Cities Consolidated Plan If Council concurs with the factors identified above for the evaluation of SROs, staff will coordinate and prepare this issue to addressed as a component of the Housing Capacity Plan beginning this year. Staff will provide a summary of any preliminary findings and any needed additional actions before the expiration of the Moratorium on September 7, 2022. Page 31 of 208 RESOLUTION NO. 4158 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. Resolution - Moratorium — SRO - 1 Page 32 of 208 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: iciv De ra Barham, CMC Kerr Fefr%30o Law, PLLC City Clerk Cit orney Resolution - Moratorium — SRO - 2 Page 33 of 208 AGENDA REPORT FOR: City Council March 30, 2022 TO: Dave Zabell, City Manager City Council Regular Meeting: 4/18/22 FROM: Rick White, Director Community & Economic Development SUBJECT: Ordinance - Amending Pasco Municipal Code Related to Corner Lot Fencing (CA2021-009) I. REFERENCE(S): Proposed Ordinance Exhibit A - Existing Regulations Exhibit B - Existing Regulations Exhibit C - Proposed Regulations Planning Commission Meeting Reports and Minutes from August 2021 to January 2022 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. _____, amending the Pasco Municipal Code related to fencing design and placement standards on Corner Lots, and further, authorize publication by summary only. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: The Pasco Municipal Code (PMC) regarding fence location and height stipulates that fencing within front yard areas may not exceed 6’ in height. When the fencing is proposed within the flanking street front yard area on corner lots the following applies: 1. When two contiguous corner lots, or two corner lots separated only by an alley right-of-way, form the entire frontage between parallel or nearly parallel streets, walls and hedges shall be limited to six feet within the front yard adjacent to the side street. See Exhibit A. Page 34 of 208 2. When then the front door of the adjacent home faces the side street all fences greater than 3.5’ in height must be set back to the building line of the dwelling. See Exhibit B. Only when the specific requirements of situation (1) are met may fences greater than 3.5’ in height be permitted. Currently, lots exist that fall under the requirements of situation 2, causing restriction to how far the 6’ fencing may extend towards the frontage property line. The Pasco Planning Commission has exerted considerable effort on this issue, it was considered at their August 15, 2021 and September 16, 2021 workshops and the Commission held multiple public hearings on October 21, 2021, November 18, 2021, December 16, 2021, and January 20, 2022. Council considered this amendment at the Workshop Meeting of March 14, 2022. V. DISCUSSION: Current fence design standards require setbacks that are determined by a neighboring property’s dwelling rather than a consistent measurement. This can create situations where a fence on a corner lot must be set back significantly, further than what would be a safe and uniform distance from a property line. Additionally, properties on a corner lot where the neighboring lot has yet to develop do not have a basis for what the required fence setback may be resulting in unsafe or overly stringent requirements depending on how that lot ultimately develops. The proposed ordinance provides: • When two corner lots form the entire frontage between two parallel, or nearly parallel streets, dwellings shall not be allowed to be addressed or accessed on the shared street. This will remove the possibility of creating unusual lot configurations and accesses; and • When the corner lots do not form the entire frontage between two parallel, or nearly parallel streets, fences greater than 3.5 feet in height shall be setback 15 feet from the property line adjacent to the side street After consideration at six workshops and meetings, the Planning Commission recommended that fence setbacks be revised as described above and contained in the proposed ordinance. Page 35 of 208 Ordinance - Amending PMC 25.165.100 & PMC 25.180.050 - 1 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF PASCO, AMENDING PASCO MUNICIPAL CODE SECTIONS 25.165.100 “RESIDENTIAL DESIGN STANDARDS” AND 25.180.050 “DESIGN STANDARDS” RELATED TO FENCING DESIGN AND PLACEMENT STANDARDS ON CORNER LOTS. WHEREAS, cities have the responsibility to regulate and control the physical development within their borders and to ensure public health, safety and welfare are maintained ; and WHEREAS, the City of Pasco has Subdivision regulations that encourage orderly growth and development; and WHEREAS, fencing design standards require setbacks from neighboring dwellings; and WHEREAS, residential design standards do not provide provisions for maintaining standard lot accesses; and WHEREAS, without such ordinance, placement of fences on corner lots is problematic and ambiguous when lots are not developed simultaneously; and, WHEREAS, the City Council has determined that to maintain and protect the welfare of the community and provided consistent and reasonable expectations for fence and dwelling placement, it is necessary to amend PMC Section 25.165.100 entitled “Design Standards” and PMC Section 25.180.050 entitled “Fences, Walls and Hedges”. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That Section of PMC 25.165.100(1) is hereby amended and shall read as follows: 25.165.100 Residential design standards. (1) Design Standards. Except for multifamily structures, the following design standards shall apply to all newly constructed or newly placed dwellings in the RT, R-S-20, R-S-12, R-S-1, R-1, R-2, R-3 and R-4 districts: (a) The main entry doors of all dwellings must face the street on which the dwelling is addressed; (b) When two corner lots form the entire frontage between two parallel, or nearly parallel streets, dwellings shall not be addressed or accessed from the shared street; (c) (b) A minimum of 30 square feet of glazing must be on the portion of the Page 36 of 208 Ordinance - Amending PMC 25.165.100 & PMC 25.180.050 - 2 dwelling facing the street. Dwellings with less than 32 square feet of glazing must contain covered porches with a minimum of a four-foot overhang; (d)(c) All entry porches/landing areas must be constructed as an integral part of the dwelling architecture; (e)(d) The main roof of all dwellings shall have a minimum 5/12 pitch; except dwellings with less than a 5/12 pitch legally established as of the effective date of the ordinance codified in this chapter shall be permitted to be rebuilt, altered, enlarged or remodeled without the roof being changed to a 5/12 pitch; and except for flat-pitched roofs (roofs with a pitch of 1/12 or less) and/or shed-style roofs with varying pitches as part of an architecturally integrated design. (f)(e) Eave overhangs are required and shall be a minimum of 12 inches; (g)(f) Dwellings with 4/12 pitch roofs may be permitted, provided the main roof includes one or more secondary roofs intersecting the main roof at right angles. The secondary roof must have a pitch of 5/12 or greater; (h)(g) No false or artificial dormers are permitted, except fenestrated false or artificial dormers on roofs with at least a 5/12 pitch; (i)(h) All foundation walls must be poured concrete or masonry block; (j)(i) All dwellings must be permanently connected to foundations, and must meet seismic and wind loading standards for Franklin County, Washington; (k)(j) No more than 12 inches of foundation wall can be exposed on the walls facing a street; (l)(k) All siding must be durable materials, such as brick, masonry, stucco, vinyl, exterior-grade wood, or exterior-grade composites, each with a lifespan of at least 20 years under normal conditions; (m)(l) All siding must extend below the top of the foundation one and one-half to two inches. A bottom trim board does not qualify as siding and cannot be used to cover the top of the foundation; (n)(m) All trim materials around windows, doors, corners, and other areas of the dwelling must be cedar or other City-approved materials that are not subject to deterioration; (o)(n) All electric meters must be securely attached to an exterior side wall of the dwelling. Meters are not permitted to face the street upon which the dwelling is addressed; (p)(o) All additions and/or other architectural features must be designed and permanently connected to the dwelling so as to be an integral part of the dwelling; (q)(p) Primary driveways shall terminate into an architecturally integrated garage or carport. No parking pad is permitted in front of a dwelling unless such pad leads to a garage or carport; Page 37 of 208 Ordinance - Amending PMC 25.165.100 & PMC 25.180.050 - 3 (r)(q) At least one required off-street parking space must be located behind the front building setback line of the dwelling. (2) Exceptions. Exceptions to the design standards may be granted through the special permit process based upon review of the criteria listed in PMC 25.200.080. [Ord. 4358 § 1, 2017; Ord. 4110 § 26, 2013; Ord. 3731 § 23, 2005; Code 1970 § 25.70.085.] Section 2. That Section of PMC 25.180.050 entitled “Design Standards” is hereby amended and shall read as follows: 25.180.050 Design standards. (1) Fences, Walls and Hedges. (a) The height of fences, walls and hedges located between a structure and street or alley shall be measured from the street curb or alley grade except in those cases where topographical irregularities occur. The height of fences, walls and hedges between a structure and a common lot line shall be measured from the grade along the common lot line or top of any structural retaining wall occurring at the common lot line. (b) Fences and walls in commercial districts shall complement the materials used in any principal on-site structures. (c) The height of fences, walls and hedges shall be limited to 3.5 feet within the front yard area of residentially zoned lots, retail business and office zoned lots; provided, when two contiguous corner lots, or two corner lots separated only by an alley right-of-way, form the entire frontage between parallel or nearly parallel streets, the height of fences, walls and hedges shall be limited to six feet within the front yard adjacent to the side street; except where the front door of a house faces the side street all fences greater than 3.5 feet in height must be set back to the building line of the house facing the side street.15 feet from the property line adjacent to the side street. (d) The height of fences, walls and hedges within the side and rear yards of residentially zoned lots, retail business and office zoned lots shall be limited to six feet. A gate or opening with a minimum three foot width leading into at least one side yard shall be provided. (e) Fences shall not be constructed out of tires, pallets, bed springs, multi- colored materials, tarps, plastic sheets, corrugated sheet metal, except in industrial districts, wheel rims and similar or like materials not traditionally manufactured or used for fencing purposes. Hog wire, chicken wire, horseman wire mesh, v-mesh, field fence, woven field fence, welded utility fence, or any similar or like wire fencing material is not permitted in residential or commercial zones. Horseman wire mesh and the other wire fencing listed above may be permitted in suburban residential districts on tracts larger than one acre that are used for animal husbandry. Fences built Page 38 of 208 Ordinance - Amending PMC 25.165.100 & PMC 25.180.050 - 4 with valid permits prior to the effective date of this chapter or fences on properties annexed to the City after the effective date of this chapter are exempt from this subsection. (f) Fences constructed of wrought iron with interspersed brick or block columns of up to five feet in height may be permitted within front yards in the R-S-20 and R-S-12 districts provided said fencing is 85 percent transparent. (g) Barbed and razor wire fencing is prohibited in all residential districts, in the office district and the central business district. Barbed wire may be permitted in suburban residential districts on tracts larger than one acre that are used for animal husbandry. In the C-1 retail business district only one strand of barbed wire is permitted along the top rail or within two inches of the top rail. (h) Electrified fences are not permitted in residential districts except as a secondary means of securing property where the electrified fence is located behind an existing fence or in suburban districts to contain permitted farm animals. (i) In all front yards, whether on properties with single, double, or triple frontage, rails, posts and other structural fence supports shall not be visible from a public street; except that posts and rails that are an integral part of the fence design and aesthetics and not used solely for structural support may be visible from a public street. (j) All fencing in commercial and industrial districts shall be placed on the inward side of any required perimeter landscaping, with landscape treatments occurring along the street frontage. (k) No fence, wall or hedge, landscape material or foliage higher than three feet above curb grade shall be located or planted within an area 20 feet along the property lines from the intersection of two streets, including the area between such points, or 15 feet from the intersection of a street and an alley; provided, however, that if an alternative fence material is used, such as masonry, wrought iron, wood, or combination thereof, then the fence must be 75 percent transparent and may be a maximum six feet in height; or a smaller, 75 percent transparent fence set upon a maximum three-foot wall or other structure not exceeding a combined height of six feet may be erected within said area of intersection of street and alley, so long as the fence is at all times unobstructed by foliage or other matter. (l) Fences constructed in any zoning district may be permitted at the back of sidewalks in public right-of-way upon approval of the City Engineer, except as provided in PMC 25.180.050(1)(j). (m) All residential fencing within the I-182 overlay district, as defined by PMC 25.130.020, adjacent to the I-182 right-of-way shall be constructed of masonry block. Replacement of pre- existing Surewood fences within the district shall use masonry block or cedar material prescribed by the City as Page 39 of 208 Ordinance - Amending PMC 25.165.100 & PMC 25.180.050 - 5 prestained, knotless cedar 23/32-inch thick, five and one-half inches wide and six feet tall. (n) No fence or wall shall be erected without first obtaining a building permit from the Building Inspector. (2) Clearance Distances. Where a fire hydrant is located within a landscape area it shall be complemented by a minimum clearance radius of three feet; no tree, as measured from its center, shall be located within 10 feet of a street light standard, or within five feet of a driveway or a fire hydrant. (3) Commercial and Industrial Districts. (a) The first 10 feet of all commercial and industrial property abutting an arterial street and the first five feet of all commercial and industrial property abutting a local access street shall be treated with landscaping at the time the property is developed. No less than 65 percent of the landscaped area must be treated with live vegetation at the time of planting. (b) In addition to the requirements contained in this chapter and unless specified otherwise in Chapter 25.130 PMC, commercially and industrially zoned properties adjacent to properties in less intense zoning districts shall have a 10-foot landscape buffer on the side immediately adjacent to the less intense zoning district. The landscaped buffer shall meet the following standards: (i) Live vegetation within the landscape buffer shall be planted with a mix of evergreen and deciduous trees and shrubs interspersed throughout the landscape buffer. (ii) The live vegetation shall consist of 40 percent evergreen trees. (iii) Trees shall be provided at a minimum rate of one tree for every 20 linear feet of property line and spaced no more than 30 feet on center spacing along each property line, unless planted in groupings of three trees, with groupings spaced no more than 50 feet on center along each property line. (iv) Shrubs shall be provided at a minimum rate of one per eight linear feet of property line and spaced no more than 16 feet apart on center. (v) Parking lots located adjacent to properties in less intense zoning districts require 100 percent of the landscape buffer to be planted with live vegetation. (c) The area between property lines and the back edge of street curbs, within right-of-way and exclusive of sidewalks and driveways for ingress/egress, shall be treated with landscape materials. (4) Residential Districts. At least 50 percent of the required front yard area for all residential property, including right-of-way but excluding driveways, shall be treated with live vegetation. Planting strips shall be treated as per PMC 12.12.070; and (5) All areas of a lot or parcel not landscaped or covered with improvements shall Page 40 of 208 Ordinance - Amending PMC 25.165.100 & PMC 25.180.050 - 6 be maintained in such a manner as to control erosion and dust. Gardens within established landscapes are excluded from this provision in residential districts. Front yard areas not covered by the required 50 percent live vegetation must be covered by mulches or decorative rock. [Ord. 4157 § 1, 2014; Ord. 4110 § 28, 2013; Ord. 3763 §10, 2006; Code 1970 § 25.75.050.] Section 3. This ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington this ___ day of _____, 202_. _____________________________ Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Published: _____________________________ Page 41 of 208 Page 42 of 208 Page 43 of 208 EXHIBIT C Page 44 of 208 MEMORANDUM TO PLANNING COMMISSION PLANNING COMMISSION MEETING City Hall – 525 North Third Avenue – Council Chambers DATE: THURSDAY, AUGUST 19, 2021 6:30 PM 1 TO: Planning Commission FROM: Andrew Hattori, Planner I SUBJECT: Corner Lot Fencing Background Current fencing regulations on corner lots have created situations where property owners have lodged complaints alleging “overreach”. Requests for an analysis into fence standards have been received by Planning staff. Pasco Municipal Code regarding fence location and height stipulates that fencing within front yard areas may not exceed 6’ in height. When the fencing is proposed within the flanking street front yard area on corner lots the following applies: (1) When two contiguous corner lots, or two corner lots separated only by an alley right-of- way, form the entire frontage between parallel or nearly parallel streets, walls and hedges shall be limited to six feet within the front yard adjacent to the side street. See Figure 1. (2) When then the front door of the adjacent home faces the side street all fences greater than 3.5’ in height must be set back to the building line of the dwelling. See Figure 2. Only when the specific requirements of situation (1) are met may fences greater than 3.5’ in height be permitted. Currently, lots exist that fall under the requirements of situation 2, causing restriction to how far the 6’ fencing may extend towards the frontage property line. An additional provision is included within the PMC that allows for fencing to be increased in height to 5’ in front yard areas within the R-S-20 and R-S-12 Residential Suburban Districts. This fencing must be constructed of wrought iron with interspersed brick or block columns and the fencing must be, at a minimum, 85% transparent. Analysis City Planning staff has reviewed the PMC and analyzed recently platted land for potential fencing issues within flanking front yard areas. Through this analysis it was noted that currently many lots do not exist that still have the potential for stringent fence height restrictions in flanking front yards. It was also noted that many of the restricted lots were created within the past 10 years and that further review during platting processes (specifically PMC 21.20) regarding design of Lots and Blocks would be able to mitigate the creation of lots with problematic fence height restrictions. Page 45 of 208 2 Through the analysis three options were drafted for consideration for fencing in flanking front yards, with their associated pros and cons: Option 1: Allow fences up to 6’ in height within the flanking front yard area provided the fence is s setback a minimum of 10’ from the adjacent property line. See Figure 3.  Pros: i. Allows for taller fencing in flanking front yard areas.  Cons: i. Neighboring property would then have a 6’ fence within a portion of their front yard area should the fence be located on the shared property line. ii. If neighboring property has their driveway located near the shared property line with fencing-vision then may be an issue. Reversing out of the driveway adjacent to the 6’ fencing would cause visibility disruption of traffic on the shared frontage. This visibility disruption is also a safety consideration for any pedestrians that may be crossing the driveway area from the fence side. Option 2: Allow fences up to 6’ in height setback to the building line of the dwelling on the subject p parcel. The provision for the setback to the neighbors dwelling line would remain for s I t situations where the dwelling is setback further than the neighboring dwelling.  Pros: i. In situations where the adjacent dwelling is setback further than the minimum setback requirement this would allow 6’ fencing to be uniformly placed with the building line of the dwelling, but also allows for additional space in unique circumstances where the neighboring dwelling has a smaller setback to the shared frontage property line.  Cons: i. Only benefits situations where the adjacent dwelling is located closer to the shared frontage property line than the subject dwelling. Option 3: Maintain current PMC and Standards.  Pros: i. The current fence code allows for proper and standard locations of fencing provided that plats are created and platted such that they meet the PMC in regard to design of lots and blocks. Page 46 of 208 3  Cons: i. Existing lots will still maintain fencing restrictions in flanking front yard areas. Next Steps Staff is seeking initial comments and feedback before moving forward with any proposals or recommendations for an amendment to the PMC. Page 47 of 208 Page 48 of 208 Page 49 of 208 Page 50 of 208 Page 51 of 208 Page 52 of 208 Page 53 of 208 Page 54 of 208 Page 55 of 208 Page 56 of 208 MEMORANDUM TO PLANNING COMMISSION PLANNING COMMISSION MEETING City Hall – 525 North Third Avenue – Council Chambers DATE: THURSDAY, SEPTEMBER 16, 2021 6:30 PM 1 TO: Planning Commission FROM: Andrew Hattori, Planner I SUBJECT: Corner Lot Fencing Background Current fencing regulations on corner lots have created situations where property owners have lodged complaints alleging “overreach”. Requests for an analysis into fence standards have been received by Planning staff. Pasco Municipal Code regarding fence location and height stipulates that fencing within front yard areas may not exceed 6’ in height. When the fencing is proposed within the flanking street front yard area on corner lots the following applies: (1) When two contiguous corner lots, or two corner lots separated only by an alley right-of- way, form the entire frontage between parallel or nearly parallel streets, walls and hedges shall be limited to six feet within the front yard adjacent to the side street. See Figure 1. (2) When then the front door of the adjacent home faces the side street all fences greater than 3.5’ in height must be set back to the building line of the dwelling. See Figure 2. Only when the specific requirements of situation (1) are met may fences greater than 3.5’ in height be permitted. Currently, lots exist that fall under the requirements of situation 2, causing restriction to how far the 6’ fencing may extend towards the frontage property line. An additional provision is included within the PMC that allows for fencing to be increased in height to 5’ in front yard areas within the R-S-20 and R-S-12 Residential Suburban Districts. This fencing must be constructed of wrought iron with interspersed brick or block columns and the fencing must be, at a minimum, 85% transparent. Analysis City Planning staff has reviewed the PMC and analyzed recently platted land for potential fencing issues within flanking front yard areas. Through this analysis it was noted that currently many lots do not exist that still have the potential for stringent fence height restrictions in flanking front yards. It was also noted that many of the restricted lots were created within the past 10 years and that further review during platting processes (specifically PMC 21.20) regarding design of Lots and Blocks would be able to mitigate the creation of lots with problematic fence height restrictions. Page 57 of 208 2 Through the analysis three options were drafted for consideration for fencing in flanking front yards, with their associated pros and cons: Option 1: Allow fences up to 6’ in height within the flanking front yard area provided the fence is s setback a minimum of 10’ from the adjacent property line. See Figure 3.  Pros: i. Allows for taller fencing in flanking front yard areas.  Cons: i. Neighboring property would then have a 6’ fence within a portion of their front yard area should the fence be located on the shared property line. ii. If neighboring property has their driveway located near the shared property line with fencing-vision then may be an issue. Reversing out of the driveway adjacent to the 6’ fencing would cause visibility disruption of traffic on the shared frontage. This visibility disruption is also a safety consideration for any pedestrians that may be crossing the driveway area from the fence side. Option 2: Allow fences up to 6’ in height setback to the building line of the dwelling on the subject p parcel. The provision for the setback to the neighbors dwelling line would remain for s I t situations where the dwelling is setback further than the neighboring dwelling.  Pros: i. In situations where the adjacent dwelling is setback further than the minimum setback requirement this would allow 6’ fencing to be uniformly placed with the building line of the dwelling, but also allows for additional space in unique circumstances where the neighboring dwelling has a smaller setback to the shared frontage property line.  Cons: i. Only benefits situations where the adjacent dwelling is located closer to the shared frontage property line than the subject dwelling. Option 3: Maintain current PMC and Standards.  Pros: i. The current fence code allows for proper and standard locations of fencing provided that plats are created and platted such that they meet the PMC in regard to design of lots and blocks. Page 58 of 208 3  Cons: i. Existing lots will still maintain fencing restrictions in flanking front yard areas. Next Steps Staff is seeking comments and feedback about the most suitable option or direction before moving forward with any proposals or recommendations for an amendment to the PMC. Page 59 of 208 Page 60 of 208 Page 61 of 208 Page 62 of 208 Page 63 of 208 Page 64 of 208 Page 65 of 208 Page 66 of 208 Page 67 of 208 Page 68 of 208 PLANNINGCOMMISSIONMEETINGMINUTES é Pcltyoj City Hall—Council Chambers I 0 525 North Third Avenue Pasco,Washington THURSDAY,AUGUST 19,2021 6:30 PM CALL TO ORDER City of Pasco Planning Commission meeting was called to order at 6:30 p.m.,by Chair Tanya Bowers. ROLL CALL Commissioners Present:Tanya Bowers,Jay Hendler,Jerry Cochran Telephone:Isaac Myhrum,Abel Campos and Rachel Teel a quorum was declared. Commissioners Absent:Joseph Campos,Paul Mendez,Kim Lehrman Staff Present:Community &Economic Development Director Rick White,Senior Planner Jacob Gonzalez,Andrew Hattori Planner 1,Administrative Assistant II Kristin Webb. PLEDGE OF ALLEGIANCE Commissioner Tanya Bowers led the Pledge of Allegiance. WELCOME AND ANNOUNCEMENTS Chair Bowers explained the Planning Commission is an advisory board made up of volunteers appointed by City Council. She further explained the purpose of the Planning Commission was to provide recommendations to City Council regarding changes to the City’s Comprehensive Plan,Land Use Updates,Block Grant Allocations and Zoning Code.The Planning Commission is tasked with considering the long-term growth and development of the community,the impact of land use decisions on community, livability,economic opportunity,housing affordability,public services and the environment. Chair Cochran reminded the audience tonight’s proceedings were being broadcast live on City of Pasco’s Facebook page and on Charter Cable PSC Channel 191 and will be rebroadcast several times during the next month. She stated the meeting was also being recorded and could be watched on City of Pasco’s website, which is Pasco-wa.gov.Click on the VIDEO ON DEMAND link and make your selection there. Chair Cochran stated copies of the meeting agenda were available on the back table. He then asked that everyone silence cell phones to prevent interruptions during the meeting. For those present this evening,when you are given the opportunity to address the Commission,please come to the podium,speak clearly into the microphone and state your name and city of address for the record. Chair Bowers reminded the audience and the Planning Commission that Washington State law requires public meetings like the one being held this evening not only be fair,but also appear to be fair.In addition,Washington State Law prohibits Planning Commission members from participating in discussions or decisions in which the member may have a direct interest or may be either benefited or harmed by the Planning Commission’s decision.An objection to any Planning Commission member hearing any matter on tonight’s agenda needs to be aired at this time or it will be waived. Planning Commission Meeting Minutes Page 1 of 18 August I9,2021 Page 69 of 208 She asked if there were any Planning Commission members who have a declaration at this time regarding any of the items on the agenda. There were no declarations. Chair Bowers asked if anyone in the audience objected to any Planning Commission member hearing any of the items on the agenda. There were no declarations. Chair Bowers stated the Planning Commission needed and valued public input explaining it helped the Commission understand the issues more clearly and allowed for better recommendations to City Council.Furthermore,in many cases,this could be the only forum for the public to get facts and opinions placed into the of?cial record and City Council will use to make the Commission’s decision. He encouraged those present to take ?all advantage of this opportunity. APPROVAL OF MINUTES '3'Commissioner Jerry Cochran moved to approve the Planning Commission meeting Minutes of July 15,2021.Commissioner Hendler seconded,and the motion carried. OLD BUSINESS PUBLIC HEARINGS Drive-Through F acilig Design Standards §MF#CA 2021-004}Jacob Gonzalez,Senior Planner stated this item is to discuss an update on our proposal to create standards for dry through facilities. Currently,the City Pasco does not have speci?c standards for drive through facilities,so there's no standards with regards to stacking Lane location of the drive through Lane site design,et cetera. This has created some inconsistencies in the development review process and certainly has increased the amount of time and challenges throughout the development review process with prospective applicants here at the city. I'll do my best to answer any questions throughout the presentation.On the next slide,there's a quick overview map.There's approximately 56 drive through facility establishments in the city of Pasco.They range from having stacking lanes as minimal as none all the way to 450ft.And as I mentioned at the prior meeting,there is no consistency between business uses and the length of their stacking lane either.Some fast-food restaurants have an appropriate model space,others do not,and they're not broken down by location either.Currently today that you kind of see the lack of design standards has led to kind of a mix of what we see here at the city today.On the next slide. And so obviously,with the lack of standards,we end up with signi?cant con?ict points both inside the site and off site.So,you can see on the screen here there's two different locations,one that leads to the increase in circus along the pedestrian sidewalk and circus that leaded to entrance and exit Planning Commission Meeting Minutes Page 2 of 18 August 19,2021 Page 70 of 208 ways onto the public right away.That's West Court Street,just east of US 395.And while those con?ict points exist as you enter and exit each business,as we turn onto the middle turn Lane or around,the two lanes are on Court Street,very heavily used corridor that presents additional problems and safety hazards. Additionally,within the site,you can see on the picture on the bottom right that the chewing Lane is interviews with the drive through access.With the parking lot access,you've also got three or four businesses.They're all with separate drive through sites.It creates additional con?ict points within the site.And on that one,there's even some challenges with vehicles that end up on the public right away,and that's on Burden Boulevard,again,just east of Road 68.So,again,another safety challenge for the city. So next,we have some general policy guidance,and I'd like to focus in on speci?cally the Comprehensive Plan Implementation Policy‘one a which is for the city to maintain code standards and guidelines which are clear,concise,and objective.We believe that this proposal currently meets the intent of the goals and policies of the recently adopted Comprehensive Plan.On the next slide,a few highlights of how we intended to derive the standards that are before you this evening, and that is based on location parking and circulation,vehicle stacking or queue lengths and site planning.On the next slide,a few of the breakdowns of the proposed criteria.The proposal today would limit the location of a drive through facility within 125?of a residential,land use or zone. They would not be permitted within 300ft of a signalized intersection below the level of service C. And that kind of correlates back to our ongoing transportation system master plan with regards to access management.We're trying to align all of our long-range planning efforts as well. Not permitted within the Central District.Currently,the Central Business District or downtown does prohibit auto oriented uses.This would further clarify that as well;the entrances would not be permitted within 175ft from a public shooter intersection.This is to eliminate those circumstances where we have both the interference in the public right away and again,entrances would not be permitted within l50ft of another drive through business.To help with the access management. You will notice in the draft ordinance for you tonight that there are some provisions for if there are businesses that are side by side that they would have reciprocal inside the site versus car needed to travel into the right of way to make a quick left or right turn. With regards to criteria on parking circulation,some basic guidelines here.Primary access shall be on an arterial or a collector street.The minimized attorney movements and con?icts on the public streets.We believe that would be served by that provision,separate queuing,and circulation paths, minimizing curb cuts.And again,that reciprocal access within the adjacent business.So again, some standard guidelines.On the next slide,when we discussed the sacking and queue length process,we would require clear signage and markings.Drive through Lane entrances located Planning Commission Meeting Minutes Page 3 of 18 August I9,2021 Page 71 of 208 should be located deep within the site.You can see here we've got two adjacent businesses on Court Street,and you can see that the business to the right has their drive through situated all the way to the Northern end of their site,which not only offers additional stacking length,but also try to ensure that those cars are not backing up into the right of way.And we see the business just to the west of that that does not have that option,although they may have during the time of development,but obviously without the standards,we had nothing to rely on.And so again,this is to help with the site planning process of any establishment.And on the next slide,the table that we're referring to quite a bit when we move forward with potentially this process is the speci?c drive through queuing lanes,distance requirements for these establishments.There were some emissions at the prior meeting,so we've added pharmacies and drug stores that is now on there.You can see ?nancial institutions and banks,the copy with indoor seating,espresso stand. This addresses some of our special stands around the community restaurants,self-service car washes,full-service car washes,gasoline stations. It's simply kind of impossible to try to identify every single business that may or may not use a drive through.Our intent would be to require documentation and the review process that justi?es the applicants proposed queuing Lane during the review process on the site planning.We had mentioned when we brought this to the Planning Commission back early in the year or late 2020 that we also wanted to use this as an opportunity to enhance the public realm or the built environment. We've required that,when possible,buildings would be oriented towards the public street,the service Loading areas located away from public right away.And we have other provisions in the code that would require things along that as well.Compliance,obviously with the noise regulations and entrance is again not permitted within the l75?from a public street intersection.So that kind of concludes tonight or this evening's presentation.Happy to answer or address comments from the Planning Commission or public.As a reminder,there was an environmental determination of non- signi?cance issued in March,and there is a staff recommendation for approval to the City Council on this item as well. With that,I'll end the presentation and answer any questions.Thank you. Commissioner Teel stated can you go back to the slide that had the Court Street and the Burden pictures on there,please?Let's look at the one on Burden.How would the new standards ?x what's there? Mr.Gonzalez,we have an espresso stand that does not have clear markings.I don't believe they do. I don't believe they exist.We also got the Queuelanes that are being interfered with the Dairy Queen on that location.The Stacking Lane interferes with the access of the parking lot.It also interferes with access to business immediately to the north.We've also got this interesting.It's not signed,but you got an exit entrance.Exit entrance just north of that site,which can create quite a problem,especially as you're located just north of Burden Boulevard.We had a chance to redo this Planning Commission Meeting Minutes Page 4 of 18 August 19,2021 Page 72 of 208 entire site.These regulations may come in to help mitigate to remove some of these con?ict points outside of the site and potentially within the site as well.I also think kind going back to the Comprehensive Plan Implementation Policy with regards to our codes and standards,the intent is to be as objective and practical as possible.We certainly don't want to be overburdened some,but we want to be careful.My guess is that we'll get a business that needs ten extra feet,although we didn't require it. There's only so much sort of future proo?ng we can do with our regulations.But had we had this in place for both the Burden and Court Street examples,I think both of those sites would look signi?cantly different.Speci?cally,on Court Street.Those businesses.We would have tried to utilize the reciprocal access requirement for those folks to utilize the internal site versus interfering with public right away. Commissioner Bowers asked for the one on Burden,would that meet the distance from the residential area? Jacob Gonzalez stated there is.I'm not sure about the distance from the car wash to the residential lots to the north.The requirement is for 125?,so it may come close,and it's based on where the primary entrance or where a menu board may be.However,if there is an establishment that's l26ft away,they would be required to have the site screening and noise mitigation measures as indicated in the draft ordinance for you. Commissioner Bowers stated and so basically,these two streets would get Grand mothered in. Jacob Gonzalez stated yes,there is a provision that code there's existing businesses.If there's some infrastructure improvements and they might be required to comply with in you code,I'm not sure that‘d be more of I think maybe a building of?cial decision there with regards to Central Pasco, which we've de?ned as the city between 395 Organ Avenue,the Columbia River and US twelve or highway twelve.Our intent is the provision states that the application for businesses within that area shall fully comply the requirements of this potential chapter if we try to.I think the fear is that we would try to require a seven auto oriented use in a location of the city that was not built for that. It might eliminate a lot of businesses from even having the potential to locate in Central Pasco.And that's certainly not our intent either across the city,but we want to be sensitive to the characteristics of the surrounding built environment and development patterns. Commissioner Cochran asked are we the only city right now that's going to have these kinds of standards in the Tri cities or are others doing similar things? Mr.Gonzalez stated there's not clear requirements that I've come across.I'm not sure I've seen Planning Commission Meeting Minutes Page 5 of l8 August I9,2021 Page 73 of 208 speci?c.I have not come across speci?c drive through regulation standards.They might be adjusted through more detailed site development patterns or requirements,but there are numerous cities that do have speci?c drive through criteria.They range from obviously the big Metropolitan areas down to some smaller cities on the Northeast,Maine and that part of the country,but they all vary.Our intent with this was to sort of provide a decent and appropriate number of regulations, especially since this is our ?rst attempt.But we think these would be very valuable for businesses as they look to locate in the city of Pasco. Commissioner Cochran stated well,you seem to have started a good balance,and it seems like the previous slide where you have the heat map,it would have cleared up a lot of that heat map if these standards would have been in place.Have you had any feedback from the development commercial community on these at all? Mr.Gonzalez stated we have not we've not heard anything.I think this is our second public hearing,but we have not heard anything from any businesses.What we heard prior to this effort was what's the requirement? Commissioner Myhrum stated,just a quick question.So,I'm understanding.The mitigation requirements are required if the setback provision can't be met,is that correct?Or is mitigation like noise and visual mitigation always required?Or can you get around it?If you meet the space requirements. Mr.Gonzalez responded we have our normal noise ordinance that applies to any business.It's speci?cally referenced again in this proposal just to be certain about that impact.We also have site screening standards that apply across the entire city and they're different depending on the corridor. So,the additional provisions in this requirement would be within a certain distance of a residential land user zoning district.And I just wanted to add I was looking for it here on the ordinance on under the Noise section.Number ?ve,it States that a mitigation checklist for noise must be submitted by an applicant when their proposed application is within 300ft of a residential and use. And that checklist simply States that they're compliant with the city's noise ordinance and that they've complied with the screening and noise standard or mitigation noise walls,etc. Commissioner Myhrum stated,in that same paragraph,Mr Gonzales,on noise,I notice number two has language saying that drive through windows is discouraged on certain parts of the building. That term discouraged.Does that come with some ?exibility?How does that get interpreted by an examiner or the city when making those kinds of decisions? Mr.Gonzalez responded there is no other feasible manner for which a business to be located and its menu board or speakers can only exist facing the public right away,I think that might be the only situation in which staff would be okay with interpreting this as discouraged but allowed in this Planning Commission Meeting Minutes Page 6 of 18 August 19,2021 Page 74 of 208 case.Now,we can certainly re strike that and just eliminate that as an option.But again,with the city's first attempt to establish strike through regulations,we don't want to be too restrictive either. A site check will have to be done to identify how many businesses do have a set up where their menu speaker boards facing the public right away. Commissioner Myhrum stated great.Thank you.I appreciate that.And agree with you that having ?exibility there is good.And it sort of allows for extenuating circumstances as sort of a last resort option.Thank you very much. Commissioner Campos had a question regarding counting like a single Lane drive through or was using a double lane that we,see?Does that count too as far as the capacity for amount of feet? Jacob Gonzalez stated it would be both.If there was a ?nancial institution and they had two second lines or three,they would have to have a minimum l60ft capacity.And we've also got a provision that has indicated that it's 20ft per car.I guess we're trying to mitigate that kind of wiggle room where they've got an odd number that wouldn't physically ?t a vehicle.We've got provisions for the length of a vehicle as well in the code in that section.But it could include both.It could be 160 foot one Lane or it could be 280 foot stacking lines. Commissioner Bowers opened to the public hearing to speak on this particular item,please state your name and city for the record. Commissioner Hendler had a question on what impact would just have on the existing facilities now?I'm just curious to know how these things would have changed had this ordinance been in place.Any thought on that? Mr.Gonzalez stated there's a few locations where the sites would have been altered on Court Street.But those businesses have been there for quite a few decades.When the McDonald's on Court Street went through its reconstruction,they signi?cantly expanded their stacking lanes and also improve the site itself.So that's a case where our standards are minimum.You have a business that's gone a little bit above what's necessary,but they understand their market better than we do in the planning.Certainly,there's probably a few locations spread throughout the city,I would think speci?cally on the espresso and coffee locations,like the copy business.Just that was in I think the other side,we were talking about location deep in a lot,depending on the length of their property. We would have required that Queuing Lane to be situated deep into the lot versus so close to the entrance to the public right away.So that would be one that would likely have changed. We probably would have tried to identify if there's some opportunities for reciprocal access. Commissioner Hendler stated so it sounds good.It seems like you've done a lot of work in a lot of research,and it seems like a perfect world here.We should get this thing on the books and get going and monitor how it’s received and be ?exible to the extent that we must.Just so I think it's a Planning Commission Meeting Minutes Page 7 of 18 August 19,2021 Page 75 of 208 good idea.Anyway,I thank you again. Commissioner Bowers made a motion to close public hearing.Commissioner Campos recommended to the City Council.The proposed amendment creating a ?ction of the past to mingle code or drive to facility design centers is continued as contained in the August 19,2021,Planning Commission staff report.Second by Hendler.All those opposed,Hearing none,the motion passed unanimously. Mr.Gonzalez stated yes,the ordinance will be aviated by our legal Department and then schedule for a workshop at the City Council this fall. B.Short-Term Residential Rentals §MF#CA 2021-006[-Rick White,Director stated there are two adjustments to the agenda that this item short term residential rentals should be moved to the workshop version of the meeting underneath corner lot sensing and item D.The planned unit development should also be moved to the workshop portion of the agenda. Commissioner Bowers stated thank you so much for letting us know that I believe that means that we are going I'm sorry you said item B and D or move to workshop. Yes,moving on to the next item. C.Car Washes Adjacent Residential Zoning Districts §MF#CA 2021-007 )-Rick White, Director stated the Commission has seen several times now,most recently last month at a workshop session,I will dispense with going through the staff report.It's basically identical to what it was in July and in May,for that matter.We do have the proposed ordinance for your consideration.The changes are shown in red.I would add that the previous item that Mr.Gonzalez discussed in the ordinance under number 14,section C will need to be stricken because that's going to be covered in our drive through regulations.So,the Commission can either delay this item for a month for staff to come back with the ordinance that delete Subsection C,or you can recommend your approval based on the assumption that Subsection C will be deleted.But in whole,I think everything has been included in the ordinance that was discussed.We rely heavily on our existing noise ordinance,for example,as contained in Subsection B.We do have standards for fencing which re?ect some code provisions in other areas of our zoning code.And then we have language related to hours of operation that are limited when they're less than 300?from a residential area, but not when they're greater than 300?from a residential. Commissioner Cochran stated the only thing I was curious,I don't think we've talked about this before is it says the total number base shall be limited to ?ve.Does that mean when it's not a drive through and it's like one of the self-car washes versus eight.Yes,because it doesn't really specify. Planning Commission Meeting Minutes Page 8 of 18 August 19,2021 Page 76 of 208 Like because we really don't apply to a Mister car wash kind of thing where you just go through. Rick White,Director stated yes,and we have had quite a discussion.We're not sure that coin operated lashes are being built.I haven't seen any anywhere,in other cities as well. Commissioner Bowers had a question about Liberty car washes,how many feet from the residential neighborhood?That's the one on Convention and Vernon. Rick White,Director stated it is adjacent to a residential neighborhood. Commissioner Bowers asked how many square feet is that? Rick White,Director answered maybe 40ft,maybe 50. Commissioner Bowers stated so that would not be allowed under this new ordinance.And the other thing that caught my attention was under number three on page three.In terms of noise.I was just thinking about those vacuums at Liberty.Do we ever get complaints from residents? Rick White,Director stated strangely,no,we get complaints about the gym on Burden,which is almost next door because they toss tires early in the morning for some kind of exercise.But no,not the vacuums. Commissioner Bowers stated I'm so happy I don't live right behind there.But that is good to know. That was.I mean,the vacuums were a question.I'm happy to see we're talking about noise mitigation because I would not want to buy a house and have it be close to a car wash and then have to hear vacuum at any hour of the day. Rick White,Director responded just for the commission’s information,the existing noise ordinance is based out of state law.That not only Pasco,I think every city in Washington state uses pretty much the same thing,but it is extremely sensitive.My voice right now would be exceeding the noise limits past 10:00 p.m.Just so you know,the noise limits are very sensitive to the receiving property,the residential property. Commissioner Teel had a question regarding the effectiveness of this car wash with new ones build in the future? Director Rick White responded it won't affect current car washes,they're grandfathered in.They were developed under applicable regulations because we still have the noise ordinance which precludes noise above certain decibel readings depending on the receiving property and on the time of day or night. Commissioner Handler had a question about complaints from the residential community. Director Rick White responded we haven't.If where any it would be reviewed through our existing noise regulations. Planning Commission Meeting Minutes Page 9 of 18 August 19,2021 Page 77 of 208 Commissioner Myhrum asked so there is an applicant who requested that such facilities be allowed within a 300-foot radius.A residential zoning was city code at that time.Was it not as sort of descript in allowing those kinds of activities?And that's why it was requested,or it was just this applicant had a very speci?c project and application and wanted to make an exception just for that zoning district. Director Rick White responded the existing code required a 300-foot distance from residential areas just ?at out.And that was done maybe at ten years ago. Commissioner Bowers opened the public hearing for individuals who wish to speak on this particular item. Resident of West Richland Rick Simon stated he was the individual that ?led the original code amendment to allow car washes in the C-3 zone within 300?.Speaking on behalf of John Ramsay and Broadmoor RV.We just want to go on record as saying we are supportive of the code amendment as dra?ed by staff and we commend them for their good work on that.I believe that it will provide a good opportunity for price of business to construct car washes that are going to be in good locations for both the community and still protective of the residential neighborhood. Commissioner Bowers made a motion to close the public hearing and stated it was moved by Commissioner Cochran and seconded by Commissioner Myhrum.Let the record show that was passed unanimously,and second motion was made by Commissioner Cochran and seconded by Commissioner Handler.Let the record show that was passed unanimously. Commissioner Bowers asked for further explanation from staff. Director Rick White stated this will go to City Council for a workshop setting,and then it should proceed to public hearing after that workshop discussion. WORKSHOP Workshop-Short-Term Residential Rentals §MF#CA2021-006}Rick White,Directorstated our existing municipal code has basically no mention of short-term rentals.With the term Airbnb,I guess.And that kind of thing are not permitted in Pasco because it doesn't say they are permitted. But there's no code citation that references their prohibition either.What the proposed code amendment does is clari?es several sections in the municipal code to deal with de?nitions, including.It includes a revision to the de?nition for taxes.In chapter three,talks about the character of the applicant that the police chief investigates in relation to rental units,and then the remainder of the ordinance clari?es de?nitions contained in our zoning code.Essentially,it clears things up and doesn't really provide for any new regulation.But it does help staff,not just planning staff,but the ?nance staff deal with request for license.Business license for short tenn rental units. Kind of a very brief explanation. Planning Commission Meeting Minutes Page 10 of 18 August 19,2021 Page 78 of 208 Commissioner Cochran stated there is no clarity,a big concern about ADU is your neighbor builds one and rents it out,people trash it.And seems this will address that issue as it must comply with short term rental code. Commissioner Cochran Stated he noticed some cities some cities like Chelan have short-term rentals by zoning,are we doing the same or are they going to be adaptable and tweakable on per zone basis? Director Rick White stated they can always return to the Commission and Council.On contrary to car washes,this item to generate a lot of complaints.Code enforcement deals with maybe 20 to 30 of these a year,but they're intended for weekends or a week. Commissioner Hendler what is the de?nition of a short-term rental?Is there a time span on that? Director Rick White Stated yes,it re?ects the state de?nition,30 days or less. Commissioner Hendler so you can rent it to a party for 30 days at the end of 30 days are out.Can somebody else come in and run for another 30 days,so you can rent this Airbnb all yearlong. Director Rick White answered yes,they are not de?ned as permitted use.Family dwellings, accessory uses,etc.,short term rentals.But it doesn't say that.It’s set up like a Pyramid,if it's not stated as permitted use,it's prohibited.We can return for a formal recommendation,?rst time seeing this,if you are comfortable,we can move forward,its up to commission. Commissioner Teel asked how does it look in other cities,Richland,or Kennewick? Director Rick White stated he can get back to her with that information. Commissioner Myhrum stated could there be a framework for allowing these sorts of rentals on a long-term basis,assuming they went through a special permitting process?And is that something that to be rolled up into an application process?Are the code enforcement complaints coming from the fact that they're just as no clarity?That's creating complaints because they're not allowed explicitly.That's the complaint not necessarily that they're,you know,partying every weekend,but because there's ambiguity. Director Rick White stated the code enforcement complaint center on the transitory nature of the units.People are not comfortable with someone being there for three days and then someone being there for seven,somebody different being there for seven.Somebody knew being there for four. Commissioner Myhrum complaints come because there is no policy allowing short term rentals of this kind.I guess my concern is that we're kind of taking the hard no approach and not looking at some of the positive bene?ts that could come to this kind of development,which,again,this is not as speci?c.It is an acceptable form of short-term rental in many parts of the country is not all.But is it worthy of having this bigger debate about the use of Airbnb and Pasco?There is interest and people will express it.Broader conversation is needed about this policy. Planning Commission Meeting Minutes Page 1 1 of 18 August 19,2021 Page 79 of 208 Director Rick White stated again,certainly the Commission is welcome to give staff direction in that regard.I'm just thinking off the top of my head,maybe certain amount of lot size and maybe a special permit.Something along those lines.We could probably come up with some criteria, situational circumstances that would warrant application. Commissioner Myhrum states it just seems like the approach has written in this ordinance basically outlaws any kind of short-term rental in all the residential zone.It's a hard de?ned no.Whereas with this ambiguity,is this an opportunity to review.Maybe we could have a policy that does accommodate this to some extent. Commissioner Cochran like to see a comparison about other cities,maybe having a tailored approach,having a lot density,or zoning density.When you have a big 2-acre lot and having an Airbnb compared to having a 9000 square foot lot and you have an Airbnb on it.A tailored approach helps with property owners that want to do this and allows that kind of economy. Commissioner Bowers what needs to we have for short term rentals,we have enough hotels,and they are converting hotels to be affordable housing.Huge families,visiting Doctors or nurses? Commissioner Hendler stated if it’s a residential use,why do we care?It just seems to me like,I don't know that we're gaining that much by having short term rental restrictions on a residential property. Commissioner Bowers other thoughts for Mr.White to consider?We want a comparison to similar municipalities,around the area and the state. Commissioner Teel is curious about how many are in Pasco available now. Director Rick White answered they do not get licensed;we do not have a way of knowing. Commissioner Cochran stated a special permitting process that allows it for a year or two years. Commissioner Bowers stated not ready to move this to public hearing,need more work. Director White stated 1 capture the ?ve concerns.We'll have some comparisons.We'll look at available processes and criteria,including complaints or lot size and come back to the Commission. WorskshoQ-Corner Lot Fencing Andrew Hattori Planner I stated first time meeting,I do review a lot of building permits,particularly fences.And recently we have had a lot of complaints Lodge regarding overreach of our fencing height restrictions,especially on comer lots.And do this. We've done a lot of analysis into what our code says and how we might be able to maybe modify that or maintain it.The high defenses,walls and hedges shall be limited to three and a half feet within the front yard area of residentially zoned lots,retail business,C one and office zone lots provided.When two contiguous or touching comer lots or two comer lots separated only by an Olli Planning Commission Meeting Minutes Page 12 of 18 August 19,2021 Page 80 of 208 way,our alley ride of way formed the entire frontage between parallel or nearly parallel streets. The height of fences,walls and hedges shall be limited to 6ft within the front yard adjacent to the side Except for the front door of a house faces the side street.Offences greater than three and a half feet in height must be set back to the building line of the house facing the side street.I've created a few diagrams to kind of go through to kind of depict what our fencing height requirements for corn oats are.Our ?rst image on the screen shows when two comer lots have the dwellings facing the parallel streets and neither dwelling accesses the shared ?anking street. Six-foot-tall fencing or fence is greater than three and a half feet may extend into the green shaded area,the ?anking front yard area.And so,this is the ideal situation. Six-foot—tallfencing or fence is greater than three and a half feet may extend into the green shaded area,the ?anking front yard area.This is the ideal situation.this is kind of a realistic look of what this looks like around the city of Pasco.You can see the fence extends all the way out to the sidewalk,and neither of those houses have their entries facing the shared ?anking street.Now,the second option or the second scenario that comes from our current code,is where one of the dwelling does access the shared ?anking street. Dwelling or the home on the right accesses the ?anking street or the I apologize the side street.And the fencing for the house on the left cannot extend all the way out into the green area or up to the property line.Our code stipulates that that fence must,at a minimum,be set back to the building line of the neighboring property.The house is on the left.You can only have fencing greater than three and a half feet out to the building line of the neighboring And so this is where a lot of the concerns of overreach come from where in certain situations,yes, you can have your fence out to your property line.But if your neighbor's house now points to the side street,you can no longer do that.And this also works.If the house on the right is set back further than the house on the left,that fence must be set back further than the building line of the house on the left.You could effectively have a fence at your dining room window. That's another major concern that we've seen.What we're looking for right now is some initial comments and feedback.But I do have some optionsthat I prepared,and this is a real-life example of what that code looks like.This house on the corner here,their fence does not extend all the way out to the sidewalk or the property line adjacent to the side street is set back to the neighbor behind them.Building line.Our PMC,that's the furthest that they could go. The ?rst option that we've drafted you can have your fence out all the way to the property line on the ?anking side street.The house on the left would be allowed to have six-foot fencing in every zone except for the blue front yard.And then the house on the right would be allowed to extend their fence all the way out to the property line in the green area as well.There are some concerns with this extending all the way out to the property line and to kind of show that I have an example Planning Commission Meeting Minutes Page l3 of 18 August 19,2021 Page 81 of 208 of a property. This is on Cathedral Drive,and if you look at the top right,it goes towards a roundabout.Both these houses have a sidewalk there across from or a park,with only that sidewalk being next to the homes.And you can see that the house on the left there has fencing extended all the way out to the sidewalk and buyer code that normally wouldn't be permitted.And this is what's shown here would be permitted under this option on any corner lot. The left image shows heading to the north.You can see that there's a small gap between the dwelling and the fence there.And you can also tell that there's somewhat of a slope to the road. And if you look at the image to the right and this is a more bene?cial image because you're in the Lane of traf?c heading away from the driveway there,what you can see here is that your visibility from that driveway is incredibly limited.So going if you're a pedestrian or driving or walking, you're not going to see any cars backing out of that driveway until you're essentially at the driveway. If you're the homeowner backing out of your driveway,you're not going to see anybody until your driver's side window is parallel to the sidewalk.And in situations like this,it's concerning top fencing all the way out to the sidewalk or out to the property line just from a visibility and safety standpoint. This option allows for the fencing not to be dependent on your neighbors walling.It would essentially say that you are fencing must be set back to the building line of your dwelling,so your fence wouldn't be allowed to extend out into the green area,but it wouldn't be required to be set back to your neighbors.This would get rid of the possibility of offense having to be set back to, say,a window or porch.Provided if we were to go further down the road with this,we would still leave the provision that if both homes face away from the side street,then the fences would be allowed to extend out to the flanking front yard area. As far as the sites,the other option that we have is that we maintain what we currently have in the PMC.The code works provided we adhere to our Lots and Blocks standards and our Title 21 standards.A lot of the issues that we're seeing today we're created within the last ten years and they're on streets that don't necessarily conform to our code.That should have been more in line with the lots and blocks.And we took a pretty good look into it.We took a good look,and it was determined that if we make sure that during the piling process,we're paying much closer attention and stricter with our Lots and Blocks reviews,and we can mitigate a lot of these comer lot issues and a lot of these fencing problems that we're seeing. Commissioner Bowers thank you Mr.Hattori,What do you need from us right now? Commissioner Hendler stated is there any problem with the de?nition of front yard?Side yard? Other options,is now a side yard and call that my front yard?How do we define front yard inside yard? Planning Commission Meeting Minutes Page 14 of 18 August 19,2021 Page 82 of 208 Planner Andrew Hattori stated front yards are determined as any point or the point on the building line perpendicular from there to the right of way.Any portion of your yard between your building and a right of way is considered a front yard space,which is interesting because,you know,we do have triple frontage lot.There is a rear yard then that is be de?ned as a real yard. Commissioner Hendler looking for possible discrepancies,If I list of my advantage,could I,for example,call,call that green area on the le?side.My front yard is that possibility. Planner Andrew Hattori stated by our residential design standards,your entry way is required to be off the street that your addressed.If you were in the process of building the dwelling,you do have the option to choose which street you want to be addressed off,provided you're not addressing off or accessing a collector arterial. Commissioner Teel asked How does it work when the home on the le?is getting built and they get their fence in before the home on the right is even built? Planner Andrew Hattori stated if you're the house on the left and you build your dwelling and you're either on the edge of a new subdivision and the rest has been plotted or that lots just vacant and has been built on.Yet we can't hinder that lot from building their fence out to the property line under the possibility that the neighboring parcel will address off the shared side street.If the lot behind you is not developed,you're allowed to extend your fence into that ?anking front yard area. Commissioner Bowers safety is my biggest concern,I would want whatever solution allows for cars or pedestrians to be able to see someone backing out. Planner Andrew Hattori stated I completely agree.And that's why I think that a lot of the stuff or what our code says today mitigate any possibility that there's obstruction in your visibility backing out or going down the street on a walk. Commissioner Bowers if there are any other concerns? Commissioner Cochran stated the code to date,if you made no changes each option one,option two,but just put more scrutiny on the permitting process,you can mitigate most of the safety issues. Planner Andrew Hattori stated we can mitigate a lot of the current problems that we're having.It wouldn't the perfect solution.I'm not sure if there is one here.We would still run into possibilities where property under think we're overreaching,but in the future,we would not see nearly as much of the items that we're having today. Commissioner Cochran it seems like probably owner should be able to put their fences how they want given without withstanding creating safety issues.Discussions need to be had and maybe public comment too.I don't know that we would get a lot of,like,say,developer feedback on Planning Commission Meeting Minutes Page 15 of 18 August 19,2021 Page 83 of 208 something like this,because it's the homeowners that are putting up the fences,not the developers. In fact,the developers are building the homes and then leavingthe homeowners to build their own fences.It's probably going to be hard to get individual homeowners as much visibility for homeowners.But I agree that safety should be the concern.But do we need a bunch of more code to do that,or should we just be more rigorous in our permitting?Does every fence in the city require a permit? Planner Andrew Hatorri stated yes. Director Rick White having the provision that's dependent on a building line that is maybe from a building that isn't there yet is problematic.And I don't know what the right answer is how to address that,but I think we should take a further look at that at the least,let alone diving into more of the ?anking front yard discussion in general. Commissioner Cochran eliminating the problem where the ?rst gadget build sets the lines because it can really ruin the whole development of the ?rst house. Commissioner Bowers something else that I noticed,we talk about fences or hedges.If it's supposed to be 6ft or three and a half feet,does it then become a question of code enforcement?So just to make sure they keep to whatever the limit is for a hedge because hedges grow. Planner Andrew Hattori stated yes,right.It's upon the responsibilities on the homeowner to ensure that that height does not increase above what is allowed. Commissioner Bowers questions,no questions.Move on to the next workshop. PLANNED UNIT DEVELOPMENT jMF#CA 2021-0111Jacob Gonzalez stated this is a brief staff report for you this evening.You may remember that in most of 2019,staff had taken on the effort of revising our planet development regulations.At the time.The primary changes were made to the minimum site area,the amount of open space and cleared up and clari?ed some of the design standard provisions of the plane development regulations.And since that time since its adoption in early 2020,staff has seen a variable interest in the PUD option. But there have been barriers indicated by the development community,home builders and developers about the limits of the existing PUD options for not being used.It is usable,but it's not as it currently is in the code today,not in its best form.There's some con?icting language that remain from the prior PUD ordinance that requires for it to go through the preliminary plat process, although it's not a preliminary plat.What we'd like to do is two things,is re?ne.It’s similar what we did with that front plat public frontage ordinance where we brought it back a year or so after its adoption,cleaned it. Planning Commission Meeting Minutes Page 16 of 18 August 19,2021 Page 84 of 208 Now it's ready to go.We'd like to perform that exact same thing with the PUD regulations.And in addition to that,we'd like to take another look at its ?exibility and really make this an option for creative,diverse development.In addition to being strictly residential,we are considering utilizing the PUD regulations to begin to explore mixed use zoning and development,if that's of the interest of the developer or the applicant.In addition to those,we would look at ensuring that it complies with our recently adopted comprehensive plan. That comprehensive plan has several new land use classi?cations that are not yet that we're not a part of this ordinance when it went through.And we would also take a look at permitting the PUD potentially in the C one district,which is our general retail,assuming that there's a portion of it that remains for some sort of business or commercial service.And whether that's a 50 50 split,some communities have it as a 90 ten split,90%residential,10%commercial.It's a little dif?cult to predict the commercial real estate market these days with everything. Staff would appreciate any comments and obviously direction from the Planning Commission on if there's an agreement to move forward with revising and re?ning the code.And then we look forward to bringing this back to you for further discussion.Thank you. Commissioner Cochran we passed it,forwarded to City Council in February.Having had any applications,talked to developers and there’s improvements need to be made.Developers probably never showed up for public hearings.This will allow us to make it more attractive.Open to mix uses,like Richland is doing the big pit. Jacob Gonzalez stated it would be part of this intent of re?ning and amending this regulation.In addition to the mixed-use concept,we would explore both vertical and horizontal mixed use. Certainly,it's everyone's kind of ideal to have your commercial on the bottom and residential on top.But that's extremely costly and risky for a property or a developer when you can't run out or lease the bottom retail space because it's not attractive enough.For whatever reason it maybe it remains vacant in a lot of cases in larger cities,those vacant spaces of the cost to maintain them and getting passed on to the residential users.And rather than requiring a strict mixed-use building in one building,we would explore not only attached but detached mixed use as well. Commissioner Hendler I’ve had the pleasure being involved in many of these and you know what has really dictated the mix,a residential versus commercial is more market than anything else. Developer is not going to put anything out there that he doesn’t,or she doesn't feel it can be a success ?nancially.I'm not so sure I would have a 90 10 or 50 50.I don't think that's really viable is my opinion.And certainly,for one really appreciate the idea of PUD’s and what they bring to an area as far as exciting developments residentially.I'm all in favor of this ordinance and stem by help all I can.I've been involved in many of them. Planning Commission Meeting Minutes Page 17 of 18 August 19,202] Page 85 of 208 CommissionerBowers I am a fan of diversity and variety,so I can see this being something that could be helpful over Broadmoor.I would love it if you could even bring it over by Road 68 where we are behind the movie theater.I am in favor of this. Commissioner Hendler IV Glade at one time is a PUD and one time had a 20 to 30,000 square foot commercialretail area up in the Northeast corner.This master plan included an interesting pathway down to the river and everything.But when the second phase is sold to the developers out of Portland for economic reasons,they came in and they rezoned it went all residential.But it's kind of interesting that I be glad at one time was a mixed-use development. OTHER BUSINESS Rick White stated starting Monday,the mask command date is back.So even if you're vaccinated, you'll be wearing a mask in indoor settings and my note here says that during a declared emergency by the governor,his directors have the force of loss.So that's what we'll be following the Commission tonight.We did a pretty good job there,I think.Four commissioners attending virtually almost for three.But to the great extent possible,we’ll be trying to resume that.I know it's clumsy at times.And.But anyway,that's what we'll be trying to do.Council,you might have if you've seen any Council meetings lately,they've been following the same queue.If you have a presentation here,for example,with Council,that's complicated,or you really need to be here,then you show up that otherwise you're requested to stay put at your home.You'll be seeing changes to the Chambers because we're going to have to do the six-foot thing again. I just wanted to get that out there.That's the guidance.It's not going to affect us this month,of course.But in September,it will.Our ?re chief,who's very involved in the whole covet effort, seems to indicate that the expected peak of this upswing in cases where experiencing will peak either in October or November. 7:59 pm. Respectfully submitted, Kristin Webb,Administrative Assistant II Community &Economic Development Department Planning Commission Meeting Minutes Page 18 of 18 August 19,2021 Page 86 of 208 MEMORANDUM TO PLANNING COMMISSION PLANNING COMMISSION MEETING City Hall – 525 North Third Avenue – Council Chambers DATE: THURSDAY, October 21, 2021 6:30 PM 1 TO: Planning Commission FROM: Andrew Hattori, Planner I SUBJECT: Corner Lot Fencing Background Current fencing regulations on corner lots have created situations where property owners have lodged complaints alleging “overreach”. Requests for an analysis into fence standards have been received by Planning staff. Pasco Municipal Code regarding fence location and height stipulates that fencing within front yard areas may not exceed 6’ in height. When the fencing is proposed within the flanking street front yard area on corner lots the following applies: (1) When two contiguous corner lots, or two corner lots separated only by an alley right-of- way, form the entire frontage between parallel or nearly parallel streets, walls and hedges shall be limited to six feet within the front yard adjacent to the side street. See Figure 1. (2) When then the front door of the adjacent home faces the side street all fences greater than 3.5’ in height must be set back to the building line of the dwelling. See Figure 2. Only when the specific requirements of situation (1) are met may fences greater than 3.5’ in height be permitted. Currently, lots exist that fall under the requirements of situation 2, causing restriction to how far the 6’ fencing may extend towards the frontage property line. An additional provision is included within the PMC that allows for fencing to be increased in height to 5’ in front yard areas within the R-S-20 and R-S-12 Residential Suburban Districts. This fencing must be constructed of wrought iron with interspersed brick or block columns and the fencing must be, at a minimum, 85% transparent. Analysis City Planning staff has reviewed the PMC and analyzed recently platted land for potential fencing issues within flanking front yard areas. Through this analysis it was noted that currently many lots do not exist that still have the potential for stringent fence height restrictions in flanking front yards. It was also noted that many of the restricted lots were created within the past 10 years and that further review during platting processes (specifically PMC 21.20) regarding design of Lots and Blocks would be able to mitigate the creation of lots with problematic fence height restrictions. Page 87 of 208 2 Through the analysis three options were drafted for consideration for fencing in flanking front yards, with their associated pros and cons: Option 1: Allow fences up to 6’ in height within the flanking front yard area provided the fence is s setback a minimum of 10’ from the adjacent property line. See Figure 3.  Pros: i. Allows for taller fencing in flanking front yard areas.  Cons: i. Neighboring property would then have a 6’ fence within a portion of their front yard area should the fence be located on the shared property line. ii. If neighboring property has their driveway located near the shared property line with fencing-vision then may be an issue. Reversing out of the driveway adjacent to the 6’ fencing would cause visibility disruption of traffic on the shared frontage. This visibility disruption is also a safety consideration for any pedestrians that may be crossing the driveway area from the fence side. Option 2: Allow fences up to 6’ in height setback to the building line of the dwelling on the subject p parcel. The provision for the setback to the neighbors dwelling line would remain for s I t situations where the dwelling is setback further than the neighboring dwelling.  Pros: i. In situations where the adjacent dwelling is setback further than the minimum setback requirement this would allow 6’ fencing to be uniformly placed with the building line of the dwelling, but also allows for additional space in unique circumstances where the neighboring dwelling has a smaller setback to the shared frontage property line.  Cons: i. Only benefits situations where the adjacent dwelling is located closer to the shared frontage property line than the subject dwelling. Option 3: During permitting phase for dwellings, ensure that dwellings are addressed and faced off the appropriate street. Existing or unavoidable corner lots with fencing concerns will be allowed to have fencing set either to the building line of the neighboring dwelling or equal to the front yard building setback of the underlying zone.  Pros: i. Ensuring that the home is built so that it is addressed off the appropriate street would allow for corners to be designed to avoid conflicts with fencing, driveways, and visibility. Page 88 of 208 3 ii. Addition to allow fences to be placed a minimum distance equal to front yard building setback would mitigate concerns of having a fence required to be built behind the building line of dwelling. iii. Would still allow for the provision for fences to be built out to the neighbors building when dwellings are setback further than the minimum.  Cons: i. Some existing lots will still maintain fencing restriction in the flanking front yard areas. Option 4: Maintain current PMC and Standards.  Pros: i. The current fence code allows for proper and standard locations of fencing provided that plats are created and platted such that they meet the PMC in regard to design of lots and blocks.  Cons: i. Existing lots will still maintain fencing restrictions in flanking front yard areas. Next Steps Staff is seeking comments and feedback about the most suitable option or direction before moving forward with any proposals or recommendations for an amendment to the PMC. Page 89 of 208 PLANNINGCOMMISSIONMEETING MINUTES&Cltyof City Hall —Council Chambers '525 North Third Avenue Pasco,Washington THURSDAY,SEPTEMBER16,2021 6:30 PM CALL TO ORDER City of Pasco Planning Commission meeting was called to order at 6:30 p.m.,by Chair Tanya Bowers. ROLL CALL Commissioners Present:Tanya Bowers Remotely:Paul Mendez,Kim Lehrman,Isaac Myhrum, Rachel Teel,Jerry Cochran a quorum was declared. Commissioners Absent:Joseph Campos,Abel Campos,Jay Hendler Staff Present:Community &Economic Development Director Rick White,Senior Planner Jacob Gonzalez,Andrew Hattori Planner 1,Administrative Assistant II Maria Fernandez. PLEDGE OF ALLEGIANCE Commissioner Tanya Bowers led the Pledge of Allegiance. WELCOME AND ANNOUNCEMENTS Chair Bowers explained the Planning Commission is an advisory board made up of volunteers appointed by City Council. She further explained the purpose of the Planning Commission was to provide recommendations to City Council regarding changes to the City’s Comprehensive Plan,Land Use Updates,Block Grant Allocations and Zoning Code.The Planning Commission is tasked with considering the long-term growth and development of the community,the impact of land use decisions on community, livability,economic opportunity,housing affordability,public services,and the environment. Chair Bowers reminded the audience tonight’s proceedings were being broadcast live on City of Pasco’s Facebook page and on Charter Cable PSC Channel 191 and will be rebroadcast several times during the next month. She stated the meeting was also being recorded and could be watched on City of Pasco’s website, which is Pasco-wa.gov.Click on the VIDEO ON DEMAND link and make your selection there. Chair Bowers stated copies of the meeting agenda were available on the back table. She then asked that everyone silence cell phones to prevent interruptions during the meeting. For those present this evening,when you are given the opportunity to address the Commission,please come to the podium,speak clearly into the microphone,and state your name and city of address for the record. Chair Bowers reminded the audience and the Planning Commission that Washington State law requires public meetings like the one being held this evening not only be fair,but also appear to be fair.In addition,Washington State Law prohibits Planning Commission members from participating in discussions or decisions in which the member may have a direct interest or may be either bene?ted or harmed by the Planning Commission’s decision.An objection to any Planning Commission member hearing any matter on tonight’s agenda needs to be aired at this time or it will be waived. Planning Commission Meeting Minutes Page 1 of 12 September 16,2021 Page 90 of 208 She asked if there were any Planning Commission members who have a declaration at this time regarding any of the items on the agenda. There were no declarations. Chair Bowers asked if anyone in the audience objected to any Planning Commission member hearing any of the items on the agenda. There were no declarations. Chair Bowers stated the Planning Commission needed and valued public input explaining it helped the Commission understand the issues more clearly and allowed for better recommendations to City Council.Furthermore,in many cases,this could be the only forum for the public to get facts and opinions placed into the of?cial record and City Council will use to make the Commission’s decision. She encouraged those present to take full advantage of this opportunity. APPROVAL OF MINUTES '3'Commissioner Jerry Cochran moved to approve the Planning Commission meeting Minutes ofA ugust I 9,2021.Commissioner Myhrum seconded,and the motion carried. OLD BUSINESS PUBLIC HEARINGS Street Connectivig §MF#CA2019-013[-Mr.Jacob Gonzalez,Senior Planner stated this proposal went through lengthy public hearings throughout most of 201 9 and 2020.This is a brief update from staff recent efforts,and the next steps.The Planning Commission recommended to Council in October of 2020 a proposal to revise Title 21 regarding lots and blocks layout to address transportation in the City of Pasco,speci?cally to meet a variety of comprehensive plan goals and the adoption of council goals in 2020,the completion of a transportation system master plan and the utilization of its recommendations was to develop policies,regulations,programs and projects that provide for greater connectivity,strategic investment,mobility,multilevel systems, accessibility,efficiency and safety. The proposal recommended from the Planning Commission signi?cantly revised the lots and Blocks Chapter of Title 21 with regards to creating a maximum block length and block perimeter with provisions for connection to adjacent lands and non-motorized access ways.There are also some re?nements made to intersections and the cul-de-sac provisions.Following that recommendation from the Planning Commission last October,staff shared and presented to the Pasco City Council on three different occasions March,May,and August of this year.During those presentations,staff again provided to council all the items,the data,the information,and the public comment in favor of and that opposed to the proposal recommendation. At the August 23 meeting,Staff presented two new alternatives for Council to consider.Those Planning Commission Meeting Minutes Page 2 of 12 September 16,2021 Page 91 of 208 alternatives deviate from the original proposal from Planning Commission and even what was recommended out of the initial Transportation System Master Plan.Staff believe these two new alternatives,which were included in the staff report,on page two,still met our objective to create a fully functional transportation system here in the City of Pasco. However,because the two alternatives were not vetted by the Planning Commission,it was identi?ed in everyone’s best interest for this item be reevaluated by the Planning Commission,in addition to furthering collaborative environment with all our stakeholders from the housing and transportation segments of our community.This was a short update,there is no presentation today. However,staff did want to come back to the Planning Commission as this was a signi?cant item that the Planning Commission acted on. It's been eleven months since it's been at the Commission.Because of that time,we wanted to come back with some due diligence and its reevaluation.Our recommendation is to continue the public hearing.However,we are interested in any comments,questions,or concerns that the Planning Commission may have based on tonight’s staff report or since the time of its recommendation last October.This will conclude our brief report and presentation this evening.But certainly,welcome any comments from the Planning Commission. Commissioner Bowers-thank you,Mr.Gonzalez.I know we have had a great deal of discussion and presentation on this item.These are new additions and alternatives that have been presented. We want to make sure we give them our fair attention.Commissioners,do we have any questions or comments for Mr.Gonzalez? Commissioner Cochran stated the two new alternatives were presented based on feedback, research,and analysis,between the time we approved in October and got to council.Is that how this surfaced?It should be brought back so it can be reviewed,is that what happens in a nutshell? What happened,and what were the drivers behind the new alternatives?Was it feedback from housing development and community? Mr.Gonzalez stated,the feedback received was persistent,and we want to acknowledge the comments and concerns raised to staff.To try to collaborate further,we did develop two new proposals or alternatives again,which we believe still aligned with the intent of Council goals and comprehensive plan policies,but it would be important for us to note that they do deviate from what the standard best practice would allude to and because they were not vetted by the Planning Commission at the August 23 meeting,staff,along with Pasco City Manager Dave Zabel, recommended that rather than having an open debate about transportation connectivity standards at the City Council level,that it would be best accommodated at the Planning Commission. Commissioner Bowers-any other commissioners?Are you going to discuss or do any sort of Planning Commission Meeting Minutes Page 3 of 12 September 16,2021 Page 92 of 208 presentation on the alternative since it's the ?rst time that we're seeing them? Mr.Gonzalez responded not tonight.I can certainly describe them if that would be of interest.The primary intent tonight report was to give an update.It's been about a year,and we have had numerous meetings with the Home Builders Association of the Tri Cities and on Tuesday of this week we also met with the Tri-City Association of Realtors.Those meetings are expected to continue.Staff is working with a few representatives from each group to try to identify some possible solutions.The Staff intent is to bring back to the Planning Commission and eventually council with a proposal that best aligns with transportation planning,best practices,and Council goals. Commissioner Bowers—that’s helpful.I see the recommendation is to move to continue the public hearing. Mr.Gonzalez correct. Commissioner Cochran-since this is a public hearing,are there any folks here to talk about this at this time or nobody came for this? Commissioner Bowers-no one is at the meeting my apologies.I didn't know you couldn't see that. Good point,Commissioner Cochran.No one is in the room;we will continue until the next meeting.Our next agenda item is a workshop,and this is regarding our comer lot fencing.And Mr. Hattori,will you be reading?Will you be sharing about that? Mr.Hattori-yes. WORKSHOP Corner Lot Fencing -Rick White,Director stated Mr.Hattori was here a month ago with this same issue,the presentation tonight is very similar to last month’s presentation.We're hoping from the Commission to get a better sense of possible directions and possible code amendments,that might be affecting how we treat comer lots and fencing.Thank you. Mr.Hattori-good evening,members of the Planning Commission.I do have the presentation for the corner lot fencing.It will be very similar to the one from last month,but it would be good to go over it again given the complexity of some of the issues.We have PMC 25.180.050 (1)(c).This is the provision for fencing.This code says that the height of fences,walls and hedges shall be limited to three and a half feet within the front yard area of residential zone lots,retail business and of?ce zone lots provided when two contiguous comer lots or two comer lots separated only by an alley right of way form the entire frontage between parallel or nearly parallel streets. The height of fences,walls,and hedges shall be limited to 6?in the front yard adjacent to the side street.Except where the front door of the house faces the side street a fence is greater than three and a half feet in height must be set back to the building line of the house facing the side street.We do have some diagrams to show what this means and what that looks like.This here is a two Planning Commission Meeting Minutes Page 4 of 12 September 16,2021 Page 93 of 208 dwelling face and are contiguous and do not share.One does not access the side street.In this instance,fencing would be allowed to be placed out to the property line in the green area up to 6ft in height.And this can only be accomplished when the two dwellings form the entire frontage between the two streets,and one house does not access that side street.Now,if we go to the next slide,this is what that looks like. In this slide,we can see that both dwellings face the side streets.Neither of the dwelling accesses the shared ?anking street.In this case because there is no concern about one of the houses facing the side street,they are allowed to have that fence set all the way out to the property line,extending all the way down the sidewalk.Now,the second provision of the code,on the next slide.This is the instance where one of the dwelling does access the side street. The way the code is written is such that the fencing greater than three and a half feet would have to be set back to the building line of the house facing the side street.In this case,the house facing the street to the left cannot extend their fence out all the way to their property.They would need to have it set back to the building line of their neighbors’property,the house that accesses the shared ?anking street. In other cases,the house on the right can be set back further than the house on the le?,which creates instances where six-foot fencing must be set back to portions of the building,where there may be doors or windows.And this is where a lot of the complaints have been lodged against staff regarding overreach about fencing requirements.And due to this,we've done a lot of analysis into our code and how it affects properties and we've come up with a few options. We can see a real-life example of what this looks like.The house to the bottom,don't form that frontage,their house must be set back to the building line of the house behind it.Their fence would never be allowed to extend to the street to the right. Commissioner Bowers-the brown part is the lawn? Mr.Hattori-yes,the ?rst option we have would be to allow six foot fencing out to the property line regardless of which way the neighboring dwelling faces.This would effectively create instances where there may be some vision concerns for the neighboring dwelling.We can see those concerns in the next slide. This is a real-life example here in Pasco,where one of the houses does access the ?anking side street.We can see on the left image there's a small gap between that dwelling and the fence.That doesn't provide a lot of vision when the homeowner backs out.Also,if you look at the image to the right,this is what someone going down the street would see,it's more of a bene?cial image.You're seeing it from the traffic heading away from the site. If you're on the right and you’re a pedestrian or your car driving down the road,you wouldn't see that car until it's already out in the street.And the homeowner likewise wouldn't see you going down the street until they're already over the sidewalk into the street.Another option we will look Planning Commission Meeting Minutes Page 5 of 12 September 16,2021 Page 94 of 208 into would be to allow six-foot fencing,at least out to the building line of the dwelling.And this would take away the dependency on where the neighbor dwelling is placed. If you look at this diagram,you can see that this fence wouldn't need to be set back to the building line of the dwelling on the right,which would effectively make it so that fence wouldn't have any instances where it would be placed in in front of a window or door. The last option we have would be to not make any code amendments to our current fence provisions.If we can adhere to lots and block standards.Moving forward,we believe that we can mitigate a lot of the issues that we're seeing with corner lot fencing.Currently,a lot of the issues that we're seeing right now were created in the last ten years,and we've made a lot of improvements to our reviews and our lots and blocks code.So what staff is looking for from this point is any recommendations or direction for these options or anything that we can investigate ?.1rther. Commissioner Myhrum stated if staff would illustrate an example of how option three is being used today and how that might work to prevent these sorts of issues down the road,has the review process changed and improved. Mr.Hattori-that is correct,when we're reviewing preliminary plots and proposals for subdivisions, we're taking a better look at the street layouts and making sure it conforms to all our provisions. And we're also taking a better consideration for potential fences and driveways as well.A lot of the lots that we're seeing these issues with are on streets that wind in ways they shouldn't or longer than they should be,and create these instances where houses are required to face a side street when that should not have been an option at all. Commissioner Myhrum-thanks,it sounds like a lot of these things are being headed off already by staff.Is there any drawback that you see to amending the code that might create complications or restrictions to any developments?And maybe it's simpler to keep it in staff and any thoughts on that? Mr.Hattori-I apologize,I did not catch the last part. Commissioner Myhrum-do you have any feeling about whether emitting the code would potentially be restrictive down the road or if this kind of analysis can be done in house with staff oversight. Mr.Hattori stated I don't think amending the code would create more restriction on the lot.I think that if we were to make an amendment,it would be more lenient.But as it currently stands with the current provisions of the code,we wouldn't make it any more difficult for fencing on any future lots. Commissioner Cochran-can you summarize,if you just left the code alone,and then just did better permitting review process.Is six foot tall in the front and side and three and three and a half in the front or is it more complex than that?that's my ?rst part of the question.What is the kind of Planning Commission Meeting Minutes Page 6 of 12 September l6,2021 Page 95 of 208 summary of the current standards? Mr.Hattori—that would be correct. Commissioner Cochran stated unless it’s in the front,you can have a six foot up to the property line,but if it’s a front,it can only be three and a half. Mr.Hattori—that is correct.Fences greater than three and a half feet have to be set back at least to the building line of the home front yard areas. Commissioner Cochran-so can a six-foot fence be in the property line side or front yard,or will it need to be built for. Mr.Hattori—in the ?anking front yard.The front yard is any area between the property line and the dwelling from the right way line and dwelling.In this case,you would have effectively two front yards where most of this issue arises ?om because it is also a side yard.They have two large areas where they can’t have six-foot fencing. Commissioner Cochran stated,that's just because there's a road.And does the road currently apply to public and private drive,like,for example,here in a comer lot.But the corner lot is on one side is a private drive?Does that not apply because it's a private drive?Or how does that work,or does it just have to be worked out in the permitting process? Mr.Hattori—it would be worked out during the permitting process,I haven't had any instances on private drives,but they will have to conform to the standards. Commissioner Cochran-last question,does it typically only happen on new construction?Do we get a lot of permits for existing houses that just want to replace or add a fence?Even if Pasco says you need a permit,it’s easy to just build a fence without a pennit.There is a lot of contractors that will do it. Mr.Hattori stated we do see it mostly on new construction,but there are a lot of properties that say we're annex into the city that have fences that don't conform to this provision and having those permits come in,then we would have to have them comply with the code.So,there are lots on record that do have these issues. Commissioner Cochran asked what the remediation is like,and what if the code gets missed during the permit review process?What if a neighbor comes back and says,I can’t see getting out of my driveway because they built a six—footfence all the way around to the road? Mr.Hattori—that would be a complain to the Code Enforcement,at that point they would require to be comply with the code. Chair Bowers had a question regarding the fifth page in handouts,what was the area with the red circle? Planning Commission Meeting Minutes Page 7 of 12 September 16,2021 Page 96 of 208 Mr.Hattori-those houses are laid out,so they don't form the entire frontage between two parallel or nearly parallel streets.The house to the south wouldn't be allowed to have their fence all the way out to the property line.They would have to set it back to the neighbors building line like it is in this case.I am trying to show they are not able to extend all the way out due to the lot layout. Commissioner Bowers-so this is what we are trying to move towards,so you have my sign off on that. Commissioner Teel-stated I have a question,what if the house on the left were to put a fence in,on the left corner lot,where would their fence line be?Would it be their own house or the other person’s house? Mr.Hattori-with the current standards it would be the building line of the house behind them.So, their neighbors house. Commissioner Bowers-where is the neighbor’s house?Oh,that's the neighbor's house.Okay.It's a little surreal.I can't tell which part is the house and which is the grass.Does that answer your question,Commissioner Teel? Commissioner Teel-yes,thank you. Commissioner Bowers-does that give you the information that you need,or do you need any more direction from us? Mr.Hattori-responded what we are looking for is a recommendation on the options that were proposed,if there's one that is most suitable to the planning commission. Director Rick White stated,Madam Chair,if the Commission is of consensus that there is no need for an amendment that would also be appreciated if there is an option that people favor,we can advertise for a public process and ?ush this out. Commissioner Bowers asked commissioners what they feel about the options that are laid out on page 2 and part of page three? Commissioner Cochran-Madam Chair,have the same challenge you this is hard to visualize.I think you guys did the best you could to help us visualize.This is a really hard thing to visualize for me and becomes a complicated issue.I guess my tendency,based on what I've heard is to try to make sure we have a rigorous permitting and review process to catch these issues.If there are safety issues or people complaining there will also need to be a mitigating process.I would say keep it the same and hopefully mitigate through the permitting process.Is there a sense that the current process is too restrictive or and if the current process is really restrictive,but we make it even more complicated,is it going to be seen as more overreach? Director Rick White stated I’m not so sure that the complaints are driven by the code itself.I think there have been some lots created,as Mr.Hattori said in the last ten years that present some real Planning Commission Meeting Minutes Page 8 of 12 September 16,202] Page 97 of 208 problems in terms of not just fencing but also driveways.I can think of a subdivision right now that has had to accommodate a diagonally placed major gas line easement in it,and it has created a street system where almost every comer lot is going to be a fencing issue. Would that have been anticipated better by staff?Perhaps,as described as we demand stricter conformance with our existing subdivision codes,this is probably a problem that is going away.I have jotted a note down to explore special conditions relating to fencing on comer lots that may be applicable either through a special use permit process or variance,preferably special use permit. That may be an option for the commission to also consider. Commissioner Cochran-I like that because then you keep the process,try to do a really good job in the in the review,but then you have an option for special use if you have an extenuating circumstance or future condition arises. Commissioner Mendez stated to agree with Commissioner Cochran,about not being sure what the issue is with the current process.The decisions can be worked out with code enforcement.Years back,I built a house on Dessert Plato and had the same situation as presented with the red circle.I had built a six-foot fence in the back,but to not obstruct the neighbors I had to go down to a three feet fence,and all the way to the property line and around to the corner.This worked well,no complaints from neighbors and satis?able code enforcement requirements.I think the decisions should be mitigated and working closely with code enforcement. Commissioner Bowers-so what I think I just heard you say Mr.White,was that this problem is going to go away. Director Rick White that might be an overstatement,but I think it's going to be minimized as time goes on. Commissioner Bowers-given that it's going to be minimized,do we need to go with option three, which maintain the current PMC and standards? Commissioner Myhmm stated I’m just wondering if there might be a bene?t to having some code language in there for enforcement purposes down the road.Again,just what bene?t could provide us that we don't have today.I'm sort of leaning toward option three at this point,but I just wanted to see if there's any direct support for the other two. Commissioner Bowers-there is conferring going on amongst staff,you can’t see it. Mr.Hattori-I certainly think we could investigate that.And I believe maybe next month we can bring something back to the planning Commission for consideration again. Director Rick White stated Madam Chair and commissioners we will work on perhaps some wording that might be applicable through special permit,let's say.And maybe there's something halfway between some of the options that might also work.And in certain circumstances,I'm not sure what those might be right now,but it might provide an option. Planning Commission Meeting Minutes Page 9 of 12 September 16,2021 Page 98 of 208 Commissioner Bowers—I'm open to that.I just don't want to see more of those driveways that have the high fences abutting them.So however,you work that out,that sounds good.Any other thoughts we'd like to share with staff? Commissioner Cochran stated I like all the things that have been said and it sounds like good next steps.If we did that and came back,would it be another workshop?because I'm thinking what we want to do is get feedback from development,community or citizens that have views on this.But I think if we came back with some new options that maybe expand on this approach and then public hearing,we might get some good feedback that sway us one way. Commissioner Bowers—heads are nodding,sounds good.We are moving on to another business,I believe this is our update on the Downtown Pasco Master Plan. OTHER BUSINESS MEMO-DOWNTOWN PASCO MASTER PLAN UPDATE §MF#PLAN2021-001) Mr.Jacob Gonzalez stated good evening again,members of the Planning Commission.This is a summary of where we are at with the Downtown Pasco master plan.A few months ago,we provided an update on three of our major planning efforts,transportation,housing and downtown. Tonight's focus is just on our master plan effort downtown.We went through the RFP and consultation selections back in the spring.We selected Framework Consulting.They're based out of Seattle,Washington,and as indicated in the staff report,they've got a wide variety and diverse experience working across specific Northwest and nationwide on quite a few topics that really are going to make be of some value for our downtown area,speci?cally on design standards,zoning, building code,cultural arts,and historic preservation and arts and heritage planning. The selection of Framework was competitive and very happy to be working with them,along with BDS Consulting,who has a speci?c focus on public engagement and Eco Northwest,which has a specific focus on more of the market analysis and feasibility side of things.We hope to comprehensively approach our master planning effort.On the next slide,you see a long list of what the scope of work we’ll intend to move forward with.It's a variety of topics from obviously public investment through community Visioning and goals,the land use and urban design and urban form, so that's more of our built environment,transportation,circulation,and parking. We had a parking study completed about two months ago that will be used for this effort.Covid has had a significant impact on parking,there will be some revisions and updates made to that.The state legislature recently allowed jurisdictions to take advantage of tax increment ?nancing,so our consultant group will look to see how we can take advantage of that downtown.The state also allows cities to utilize the multifamily tax exemption.As we intend to address housing and housing in and near our downtown,that might be another approach. We can also look at corridor incentive,density bonus etc.There's also a market study conducted on Planning Commission Meeting Minutes Page 10 of 12 September 16,202] Page 99 of 208 what exists downtown along with some comparisons.And then the infrastructure planning will certainly be a big part of this.In fact,the Lewis Street Corridor project,which ranges from Second to Fifth Avenue,which is connected to the Lewis Street overpass intersection improvements or construction.They're all connected obviously have a very signi?cant component with regards to infrastructure.We have a lot of infrastructure and planning work being done in downtown Pasco today,as we speak.It expects to wrap up by springtime of 2022. We've held our kickoff meeting internally with staff and our consulting partners.Currently,we are reviewing our public engagement plan,once that's completed and ready for distribution,we'll send that out and then begin implementing that engagement plan.They will soon begin working on the existing conditions report.That will be followed by a workshop with the public and then a ?nalization of that existing conditions report.And throughout this entire process,Framework and staff is committed to providing both the Planning Commission council and the public with updates along this entire process. You can see that middle section with the draft plan with the open house.And what's very critical is having eyes on the draft document,comments on that draft document and those comments being legitimately addressed in the ?nal document to be adopted by Council later next spring.On the next slide Framework has identi?ed three overarching engagement goals.Engagement should be meaningful and continuous,engagement should capture the diverse cultures and identities of our community and a commitment to downtown Pasco stakeholders,and that's both through language and not just social media and newspaper print,but by walking door to door. The city staff and our consulting team will certainly be busy for the next year working on engaging our community downtown.The three phases of that engagement plan focus on building awareness, planning together,and staying engaged to the entire process,and communicating updates and gaining feedback.Meaningful feedback to drive the ?nal delivery of this master planning effort. Framework and their consulting team has developed a tentative outreach schedule,so you can see right now we're ?nalizing the engagement plan that will be followed. A speci?c branding material was developed to help not only with the planning effort,but as we begin to market downtown to both our local community,and anyone interested in downtown.An online public survey will be developed along with Vision Workshop later this winter and next spring an open house.You can see the ongoing updates to both Council various sports,including the DPA and other community groups downtown and the Planning Commission.This is to provide the Planning Commission with a summary of where these efforts are at. We are excited to keep going forward.I am happy to answer any questions from The Planning Commission.Thank you! Commissioner Bowers stated thank you,Mr.Gonzales.This looks great and I'm excited to get those updates that are listed on that last slide.Anyone else?Any comments?Feedback? No comments or feedback Planning Commission Meeting Minutes Page 1 1 of 12 September 16,2021 Page 100 of 208 Meeting Adjourned at 7:19 pm. Respect?xlly submitted, Maria Fernandez,Administrative Assistant II Community &Economic Development Department Planning Commission Meeting Minutes Page 12 of 12 September 16,2021 Page 101 of 208 MEMORANDUM TO PLANNING COMMISSION PLANNING COMMISSION MEETING City Hall – 525 North Third Avenue – Council Chambers DATE: THURSDAY, November 18, 2021 6:30 PM 1 TO: Planning Commission FROM: Andrew Hattori, Planner I SUBJECT: Corner Lot Fencing Code Amendment Background Pasco Municipal Code regarding fence location and height stipulates that fencing within front yard areas may not exceed 6’ in height. When the fencing is proposed within the flanking street front yard area on corner lots the following applies: (1) When two contiguous corner lots, or two corner lots separated only by an alley right-of- way, form the entire frontage between parallel or nearly parallel streets, walls and hedges shall be limited to six feet within the front yard adjacent to the side street. See Figure 1. (2) When then the front door of the adjacent home faces the side street all fences greater than 3.5’ in height must be set back to the building line of the dwelling. See Figure 2. Only when the specific requirements of situation (1) are met may fences greater than 3.5’ in height be permitted. Currently, lots exist that fall under the requirements of situation 2, causing restriction to how far the 6’ fencing may extend towards the frontage property line. An additional provision is included within the PMC that allows for fencing to be increased in height to 5’ in front yard areas within the R-S-20 and R-S-12 Residential Suburban Districts. This fencing must be constructed of wrought iron with interspersed brick or block columns and the fencing must be, at a minimum, 85% transparent. Analysis & Summary Current fence design standards require setbacks that are determined by a neighboring property’s dwelling rather than a consistent measurement. This can create situations where a fence on a corner lot must be set back significantly further than what would be a safe and uniform distance from a property line. Additionally, properties on a corner lot where the neighboring lot has yet to develop do not have a basis for what the required fence setback may be resulting in unsafe or stringent requirements. Staff proposes two amendments to the code: Residential Design Standards Page 102 of 208 2 When two corner lots form the entire frontage between two parallel, or nearly parallel streets, dwellings shall not be allowed to be addressed or accessed on the shared street. This will remove the possibility of creating unusual lot configurations and accesses. Fences, Walls and Hedges Design Standards When the corner lots do not form the entire frontage between two parallel, or nearly parallel streets, fences greater than 3.5 feet in height shall be setback a distance equal to the front yard setback of the underlying zoning district. This will remove the setback dependency on neighboring dwellings while providing the necessary vision the drivers or pedestrians need on corners and driveways for safe travel. Staff has included all proposed changes and revisions in Exhibit #A of the Planning Commission staff report. RECOMMENDATION Motion: I move the Planning Commission recommend to the Pasco City Council the proposed amendments to the Residential Design Standards and the Fences, Walls and Hedges Design Standards as contained in the November 18, 2021 Planning Commission staff report. Page 103 of 208 Page 104 of 208 Page 105 of 208 Ordinance Relating to Corner Lot Fencing and Design Standards - 1 EXHIBIT A ORDINANCE NO. _______ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, RELATING TO CORNER LOTS AND CORNER LOT FENCING, AND AMENDING PMC SECTIONS 25.165.100(1) “RESIDENTIAL DESIGN STANDARDS” AND 25.180.050(1)(C) “DESIGN STANDARDS” WHEREAS, cities have the responsibility to regulate and control the physical development within their borders and to ensure public health, safety and welfare are maintained; and WHEREAS, the City of Pasco has Subdivision regulations that encourage orderly growth and development; and WHEREAS, fencing design standards require setbacks determined by neighboring dwellings; and, WHEREAS, residential design standards do not provide provisions for maintaining standard lot accesses; and WHEREAS, without such ordinance, placement of fences on corner lots is problematic and ambiguous when lots are not developed simultaneously; and, WHEREAS, the City Council has determined that to maintain and protect the welfare of the community and provided consistent and reasonable expectations for fence and dwelling placement, it is necessary to amend PMC Section 25.165.100(1) entitled “Design Standards” and PMC Section 25.180.050(1)(C) entitled “Fences, Walls and Hedges”; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section of PMC 25.165.100(1) entitled “Design Standards” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.165.100 Residential design standards. (1) Design Standards. Except for multifamily structures, the following design standards shall apply to all newly constructed or newly placed dwellings in the RT, R-S-20, R-S-12, R-S-1, R-1, R-2, R-3 and R-4 districts: (a) The main entry doors of all dwellings must face the street on which the dwelling is addressed; (b) When two corner lots form the entire frontage between two parallel, or nearly parallel streets, dwellings shall not be addressed or accessed from the shared street. (c)(b) A minimum of 30 square feet of glazing must be on the portion of the dwelling facing the street. Dwellings with less than 32 square feet of glazing must contain covered porches with a minimum of a four-foot overhang; Page 106 of 208 Ordinance Relating to Corner Lot Fencing and Design Standards - 2 (d)(c) All entry porches/landing areas must be constructed as an integral part of the dwelling architecture; (e)(d) The main roof of all dwellings shall have a minimum 5/12 pitch; except dwellings with less than a 5/12 pitch legally established as of the effective date of the ordinance codified in this chapter shall be permitted to be rebuilt, altered, enlarged or remodeled without the roof being changed to a 5/12 pitch; and except for flat-pitched roofs (roofs with a pitch of 1/12 or less) and/or shed-style roofs with varying pitches as part of an architecturally integrated design. (f)(e) Eave overhangs are required and shall be a minimum of 12 inches; (g)(f) Dwellings with 4/12 pitch roofs may be permitted, provided the main roof includes one or more secondary roofs intersecting the main roof at right angles. The secondary roof must have a pitch of 5/12 or greater; (h)(g) No false or artificial dormers are permitted, except fenestrated false or artificial dormers on roofs with at least a 5/12 pitch; (i)(h) All foundation walls must be poured concrete or masonry block; (j)(i) All dwellings must be permanently connected to foundations, and must meet seismic and wind loading standards for Franklin County, Washington; (k)(j) No more than 12 inches of foundation wall can be exposed on the walls facing a street; (l)(k) All siding must be durable materials, such as brick, masonry, stucco, vinyl, exterior-grade wood, or exterior-grade composites, each with a lifespan of at least 20 years under normal conditions; (m)(l) All siding must extend below the top of the foundation one and one-half to two inches. A bottom trim board does not qualify as siding and cannot be used to cover the top of the foundation; (n)(m) All trim materials around windows, doors, corners, and other areas of the dwelling must be cedar or other City-approved materials that are not subject to deterioration; (o)(n) All electric meters must be securely attached to an exterior side wall of the dwelling. Meters are not permitted to face the street upon which the dwelling is addressed; (p)(o) All additions and/or other architectural features must be designed and permanently connected to the dwelling so as to be an integral part of the dwelling; (q)(p) Primary driveways shall terminate into an architecturally integrated garage or carport. No parking pad is permitted in front of a dwelling unless such pad leads to a garage or carport; (r)(q) At least one required off-street parking space must be located behind the front building setback line of the dwelling. (2) Exceptions. Exceptions to the design standards may be granted through the special permit process based upon review of the criteria listed in PMC 25.200.080. Section 2. That Section of PMC 25.180.050(1) entitled “Fences, Walls and Hedges” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.180.050 Design standards. Page 107 of 208 Ordinance Relating to Corner Lot Fencing and Design Standards - 3 (1) Fences, Walls and Hedges. (a) The height of fences, walls and hedges located between a structure and street or alley shall be measured from the street curb or alley grade except in those cases where topographical irregularities occur. The height of fences, walls and hedges between a structure and a common lot line shall be measured from the grade along the common lot line or top of any structural retaining wall occurring at the common lot line. (b) Fences and walls in commercial districts shall complement the materials used in any principal on-site structures. (c) The height of fences, walls and hedges shall be limited to 3.5 feet within the front yard area of residentially zoned lots, retail business and office zoned lots; provided, when two contiguous corner lots, or two corner lots separated only by an alley right-of-way, form the entire frontage between parallel or nearly parallel streets, the height of fences, walls and hedges shall be limited to six feet within the front yard adjacent to the side street; except where the front door of a house faces the side street all fences greater than 3.5 feet in height must be set back to the building line of the house facing the side street.a distance equal to the front yard setback of the zoning district. (d) The height of fences, walls and hedges within the side and rear yards of residentially zoned lots, retail business and office zoned lots shall be limited to six feet. A gate or opening with a minimum three foot width leading into at least one side yard shall be provided. (e) Fences shall not be constructed out of tires, pallets, bed springs, multi-colored materials, tarps, plastic sheets, corrugated sheet metal, except in industrial districts, wheel rims and similar or like materials not traditionally manufactured or used for fencing purposes. Hog wire, chicken wire, horseman wire mesh, v-mesh, field fence, woven field fence, welded utility fence, or any similar or like wire fencing material is not permitted in residential or commercial zones. Horseman wire mesh and the other wire fencing listed above may be permitted in suburban residential districts on tracts larger than one acre that are used for animal husbandry. Fences built with valid permits prior to the effective date of this chapter or fences on properties annexed to the City after the effective date of this chapter are exempt from this subsection. (f) Fences constructed of wrought iron with interspersed brick or block columns of up to five feet in height may be permitted within front yards in the R-S-20 and R-S-12 districts provided said fencing is 85 percent transparent. (g) Barbed and razor wire fencing is prohibited in all residential districts, in the office district and the central business district. Barbed wire may be permitted in suburban residential districts on tracts larger than one acre that are used for animal husbandry. In the C-1 retail business district only one strand of barbed wire is permitted along the top rail or within two inches of the top rail. (h) Electrified fences are not permitted in residential districts except as a secondary means of securing property where the electrified fence is located behind an existing fence or in suburban districts to contain permitted farm animals. (i) In all front yards, whether on properties with single, double, or triple frontage, rails, posts and other structural fence supports shall not be visible from a public street; except that posts and Page 108 of 208 Ordinance Relating to Corner Lot Fencing and Design Standards - 4 rails that are an integral part of the fence design and aesthetics and not used solely for structural support may be visible from a public street. (j) All fencing in commercial and industrial districts shall be placed on the inward side of any required perimeter landscaping, with landscape treatments occurring along the street frontage. (k) No fence, wall or hedge, landscape material or foliage higher than three feet above curb grade shall be located or planted within an area 20 feet along the property lines from the intersection of two streets, including the area between such points, or 15 feet from the intersection of a street and an alley; provided, however, that if an alternative fence material is used, such as masonry, wrought iron, wood, or combination thereof, then the fence must be 75 percent transparent and may be a maximum six feet in height; or a smaller, 75 percent transparent fence set upon a maximum three-foot wall or other structure not exceeding a combined height of six feet may be erected within said area of intersection of street and alley, so long as the fence is at all times unobstructed by foliage or other matter. (l) Fences constructed in any zoning district may be permitted at the back of sidewalks in public right-of-way upon approval of the City Engineer, except as provided in PMC 25.180.050(1)(j). (m) All residential fencing within the I-182 overlay district, as defined by PMC 25.130.020, adjacent to the I-182 right-of-way shall be constructed of masonry block. Replacement of pre- existing Surewood fences within the district shall use masonry block or cedar material prescribed by the City as prestained, knotless cedar 23/32-inch thick, five and one-half inches wide and six feet tall. (n) No fence or wall shall be erected without first obtaining a building permit from the Building Inspector. (2) Clearance Distances. Where a fire hydrant is located within a landscape area it shall be complemented by a minimum clearance radius of three feet; no tree, as measured from its center, shall be located within 10 feet of a street light standard, or within five feet of a driveway or a fire hydrant. (3) Commercial and Industrial Districts. (a) The first 10 feet of all commercial and industrial property abutting an arterial street and the first five feet of all commercial and industrial property abutting a local access street shall be treated with landscaping at the time the property is developed. No less than 65 percent of the landscaped area must be treated with live vegetation at the time of planting. (b) In addition to the requirements contained in this chapter and unless specified otherwise in Chapter 25.130 PMC, commercially and industrially zoned properties adjacent to properties in less intense zoning districts shall have a 10-foot landscape buffer on the side immediately adjacent to the less intense zoning district. The landscaped buffer shall meet the following standards: (i) Live vegetation within the landscape buffer shall be planted with a mix of evergreen and deciduous trees and shrubs interspersed throughout the landscape buffer. (ii) The live vegetation shall consist of 40 percent evergreen trees. Page 109 of 208 Ordinance Relating to Corner Lot Fencing and Design Standards - 5 (iii) Trees shall be provided at a minimum rate of one tree for every 20 linear feet of property line and spaced no more than 30 feet on center spacing along each property line, unless planted in groupings of three trees, with groupings spaced no more than 50 feet on center along each property line. (iv) Shrubs shall be provided at a minimum rate of one per eight linear feet of property line and spaced no more than 16 feet apart on center. (v) Parking lots located adjacent to properties in less intense zoning districts require 100 percent of the landscape buffer to be planted with live vegetation. (c) The area between property lines and the back edge of street curbs, within right-of-way and exclusive of sidewalks and driveways for ingress/egress, shall be treated with landscape materials. (4) Residential Districts. At least 50 percent of the required front yard area for all residential property, including right-of-way but excluding driveways, shall be treated with live vegetation. Planting strips shall be treated as per PMC 12.12.070; and (5) All areas of a lot or parcel not landscaped or covered with improvements shall be maintained in such a manner as to control erosion and dust. Gardens within established landscapes are excluded from this provision in residential districts. Front yard areas not covered by the required 50 percent live vegetation must be covered by mulches or decorative rock. Section 3. This ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, this ______ day of __________ 2021. Page 110 of 208 Ordinance Relating to Corner Lot Fencing and Design Standards - 6 Saul Martinez Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ____________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Published: _____________________ Page 111 of 208 PLANNINGCOMMISSIONMEETINGMINUTES&of City Hall-Council Chambers I 525 North Third Avenue Pasco,Washington THURSDAY,OCTOBER21,2021 6:30 PM CALL TO ORDER City of Pasco Planning Commission meeting was called to order at 6:30 p.m.,by Chair Jerry Cochran. ROLL CALL Commissioners Present:Jerry Cochran Remotely:Joseph Campos,Paul Mendez,Kim Lehrman, Abel Campos,Isaac Myhrum,Jay Hendler a quorum was declared. Commissioners Absent:Tanya Bowers,Rachel Teel. Staff Present:Community &Economic Development Director Rick White,Andrew Hattori Planner 1,Administrative Assistant II Maria Fernandez. PLEDGE OF ALLEGIANCE Commissioner Jerry Cochran led the Pledge of Allegiance. WELCOME AND ANNOUNCEMENTS Chair Cochran explained the Planning Commission is an advisory board made up of volunteers appointed by City Council. He further explained the purpose of the Planning Commission was to provide recommendationsto City Council regarding changes to the City’s Comprehensive Plan,Land Use Updates,Block Grant Allocations and Zoning Code.The Planning Commission is tasked with considering the long-term growth and development of the community,the impact of land use decisions on community, livability,economic opportunity,housing affordability,public services,and the environment. Chair Cochran reminded the audience tonight’s proceedings were being broadcast live on City of Pasco’s Facebook page and on Charter Cable PSC Channel 191 and will be rebroadcast several times during the next month. He stated the meeting was also being recorded and could be watched on City of Pasco’s website, which is Pasco-wa.gov.Click on the VIDEO ON DEMAND link and make your selection there. Chair Cochran stated copies of the meeting agenda were available on the back table. He then asked that everyone silence cell phones to prevent interruptions during the meeting. For those present this evening,when you are given the opportunity to address the Commission,please come to the podium,speak clearly into the microphone,and state your name and city of address for the record. Chair Cochran reminded the audience and the Planning Commission that Washington State law requires public meetings like the one being held this evening not only be fair,but also appear to be fair.In addition,Washington State Law prohibits Planning Commission members from participating in discussions or decisions in which the member may have a direct interest or may be either bene?ted or harmed by the Planning Commission’s decision.An objection to any Planning Commission member hearing any matter on tonight’s agenda needs to be aired at this time or it will be waived. He asked if there were any Planning Commission members who have a declaration at this time regarding any of the items on the agenda. Planning Commission Meeting Minutes Page 1 of9 October 21,2021 Page 112 of 208 There were no declarations. Chair Cochran asked if anyone in the audience objected to any Planning Commission member hearing any of the items on the agenda. There were no declarations. Chair Cochran stated the Planning Commission needed and valued public input explaining it helped the Commission understand the issues more clearly and allowed for better recommendationsto City Council.Furthermore,in many cases,this could be the only forum for the public to get facts and opinions placed into the of?cial record and City Council will use to make the Commission’s decision. He encouraged those present to take full advantage of this opportunity. APPROVAL OF MINUTES '3'Commissioner Joseph Campos moved to approve the Planning Commission meeting Minutes of September 16,2021.Commissioner Kim Lehrman seconded,and the motion carried. OLD BUSINESS PUBLIC HEARINGS Corner Lot Fencing -Mr.Andrew Hattori,Planner stated being there to discuss comer lot fencing again.Brie?y touch of presentation will be given and current options as well as new options.PMC 25.180.050 (1)(c)states when you have two comer lots and they form the entire frontage between two parallel and nearly parallel streets,and neither dwelling accesses.The shared street fences are allowed to extend out into the ?anking front yard at a height not to exceed 6ft.When one of those two dwellings accesses that side street fences are limited to three and a half feet.The visual representation shows the situation in which neither house accesses the shared street.Therefor six- foot fences are allowed in every zone shown here except for the blue area.The next slide will show what this looks like.In practice,you can tell that neither house accesses the shared street,so the fences are allowed to extend out to what is presumed to be the property line at a height of 6ft. The other situation is where one of the houses accesses the side street.In this case that's the house on the right.In this case,the six-foot fencing is required to be set back to the building line of the house that accesses the ?anking or shared street.Here's an example.The house on the Comer's fence is required to be set back to the building line of the dwelling behind it because they don't form the shared frontage between two parallel streets. Going back to option one,there will not be restrictions in the ?anking front yards,this would remove the provision that fences in the ?anking front yard can only be three and a half feet when one of the houses accesses the shared street.Six-foot fencing will be allowed in all areas but the blue,no matter the situation.To give an example of what this looks like,this is a property on Cathedral Drive.Looking at the image on the left,you can tell that that house accesses the shared Planning Commission Meeting Minutes Page 2 of 9 October 21,2021 Page 113 of 208 street and between the side of that house and the fence is a very small space gap.A car driving down the street will not be able to see a pedestrian on the sidewalk or a reversing car until they have crossed the sidewalk.This can be a hazardous situation.Another option will require that six- foot fencing be set back to the building line of the dwelling when one of the houses accesses the side street.This would make fencing requirements no longer based on your neighbor’s building line and gives more independence to a lot.The new option helps resolve the issue like on Cathedral Drive.The addressing situation would be when dwellings come in for permitting,reviewers would have the ability to determine that the house must face the non-shared street side like the Cathedral situation here,the two properties on the corner were plotted under two separate plats. This means when the Northern house was built,the house to the south was a vacant lot,this would be allowed to build that six-foot fence out to the property line on the shared street,and then the house to the south could be built out to the fence.We do not have the ability to say no,you can’t face the house this was because of the fencing.We can create a situation where that driveway is going to be close to a fence that blocks visibility,we would have an additional requirement when a house faces the ?anking side street it would be set back equal to the dwelling required setback.In R-1 R-2 R-3 R-4 RS-1 20ft.RS-12 &RS-20 25 ft. Director Rick White-This would mean during the platting review there would be extra care and considerationwhen reviewing the shape and con?guration in these situations on comer lots.Then during the permitting review of homes for those lots,we would probably need to establish a code provision addressing the direction a home face.It is important to use this option,as it provides a solution,and it would also need to be noted in our municipal code. Chair Cochran-In addition to the two previous options we discussed last month,you came up with two more.One was this one you just talked about,and then the other option,obviously is to do nothing.It seems like the main reasons are primarily on one hand safety and visibility,and on the other hand,homeowners that want to have the freedom to build fences without feeling like there's city overreach.I appreciate you looking at all the different options and going back and continuing to look for a good balance. Do commissioners have any questions or comments or feedback?I think what we're looking for tonight from Commission members primarily is staff looking for feedback or questions on the different options and what direction the commissioners would like staff to go on this and then we will continue this in another public hearing and make probably recommendationslater. Commissioner Campos-I’m glad we are going through this issue,as a Pasco citizen.I noticed this is an issue,but it is not just fencing.Shrubbery is also a safety issue,but also anything that can obstruct vision in the pathway.Back to fencing I think establishing a requirement where a driveway can be located.If there was an extra 2ft between the driveway and the fence,this will give enough vision to see a pedestrian.Opposed to restricting someone from setting up a fence all the way up to their property line. Planning CommissionMeeting Minutes Page 3 of 9 October 21,202] Page 114 of 208 Chair Cochran-Commissioner Campos Mr.White mentioned the Permitting for new houses in the new plated area would be which way the house will face.This is already built-in option three. Andrew Hattori—Shrubbery falls within the same classification of this code. Commissioner Lehrrnan stated recalling a situation on Desert Plateau about 18 years ago,at that time when we built our house,the builder said we would be able to rotate our house to which street we wanted to face.It led to a problem with fencing.I would like to see option three.I just think we should take the steps necessary to avoid a hassle and not keep homeowners on a limbo.Mr.White was talking about updating code provisions that will avoid homeowners building a fence and then later having to remove it due to safety issues.We just don’t want citizens in this situation where it is unsafe for drivers and pedestrians. Chair Cochran-Thank you Commissioner Lehrman great comments,any more questions or feedback from the commissioners? I am hearing none,this is a public hearing,so we will go ahead and open it up for public comments. So,if you are here to comment on this form item,please come up to the podium.Come forward. Please state your name and city of address.For the record,thank you for being here. Maria Teresa Valdez-Pasco resident stated she attended this meeting for this speci?c item.I understand that option three gets the permitting aspect for the builders and to kind of be checked.I love that I think that's needed,but we also must keep residents that have been here for years in mind.Their fence requirements don't add up to the new regulations.So,I think with knowing that we need to decide also what that's going to entail.When code enforcement goes around says,hey, that's not supposed to be there,when are those feet’s going to be implemented? As a community,we need to have that into consideration because it can cause a lot of confusion.I also would like to say when someone purchases a property and has their house on there,their intent is to use it as their home.If your neighbor then decides to build a fence 6ft on both sides because the home was not there originally,what is the city plan on doing to relieve that situation?Will you make the homeowner who built that fence ten years before the home was built,incur those costs? My other question is if the fence is 3-ft from your property line,they would still be able to have that six-foot fence?That is the way I read the code is now,correct Rick White? Mr.Rick White—fences generally go to the back of the sidewalk.Although the back of the sidewalk is normally not the property line,it's usually a few feet in,as you've mentioned.And I believe we do not permit fences in the right of way any longer. In the last few years,they’ve been set back a bit a couple of feet,perhaps particularly on the residential lots with 60ft right-of—way.And then your other concern about any fence legally installed now,no matter what happens in the future with code regulations,is going to be what's called grandfathered in.If sone legally and meets the code now and then,it will be ?ne. Planning Commission Meeting Minutes Page 4 of9 October 21,2021 Page 115 of 208 Maria Teresa Valdez-I do appreciate that comment because that was my main concern.I have a lot of houses that have nice center block fences put up.To take down that would cost would be insane. My only thing is if they are already provisions to set that back 3 to 6ft,why would we have to go back in and rewrite the code?I guess that's my question,if you're trying to build a fence line,it can't be on the property line it has to be set back 3 ft.if your homes are not forward facing,why would this be? Andrew Hattori-It's when one of the houses accesses that side street,it's not set back 3ft or so it's set back to the building line of your neighbor's property.That’s going to be 20ft or more.What we're looking to do is try to explore options on how to either leave it alone or be more considerate of how that can impact the homeowner.The situation where a fence would be allowed at the property line,the distance that's about 3ft or so is when neither house has access the side street. Maria Teresa Valdez-In the situation where one home is facing one direction,and one is facing the other?Would that provision eliminate what's going on here now?If we implementedthat to the comer lots if your fence is pushed back 3ft from your property line,plus the sidewalk,plus the extra space in the road for bikers.Wouldn't that be more than enough space? Andrew Hattori-No,especially when driveways are that close to those fences.Most people are going to be reversing out of the driveway and there's a considerableamount of visibility that you would need to have to make sure that when you're leaving,you're not backing into oncoming traf?c or somebody running by. Maria Teresa Valdez-I understand what you're saying,like this house here on the comer lot,this is his driveway,His fence reaches out here and is forward facing the same side,are you talking about this?Because I just see it as a homeowner.I want to be able to utilize my property and have privacy.With homes being built so close to each other,can you imagine the next guy with kids running around?That 3ft fence,you're looking straight through everybody's windows.And I feel like that's a concern that most people are going to have.I don't have that.My home is old.It's built it's grandfathered,and I don't have that issue.But I also want to be considerate of everyone else when they buy their property. Commissioner Cochran-It's a difficult issue.It's trying to balance between that visibility and safety issue and that property rights issue.It seems like with option three,it does provide an option for the city to take that on a case-by-case basis as they're looking at those new homes.And,of course,the people with existing fences are grandfathered in.But I think it seems like the existing code does create in limited situations,potential safety issues.And that's what we're attempting,I think,to mitigate.Is that accurate characterization? Andrew Hattori-yes,that is accurate. Commissioner Cochran-Are there any Commission members that had questions for the applicant? Sorry you sat down,but if I want to make sure if somebody had a question for you,they could ask. Planning Commission Meeting Minutes Page 5 of 9 October 21,2021 Page 116 of 208 Page 117 of 208 Any questions?No more questions or concerns.This is a continuous issue,so we’ll see this next month again.Next category is a memo on the Utility extension of the UGA. WORKSHOP OTHER BUSINESS MEMO-Utilig Extension UGA-Director Rick White stated this item is a lot different than the one you just considered.This involves utility extensions in the urban growth area,and it stems,of course,on a number well,a whole history of growth in the city of Pasco,but particularlyrelative to the 2021 comprehensive plan adoption.As the Commissionknows,we expandedthe urban growth area considerably 3600 acres.Roughly that urban expansion is being appealed right now to the Washington State Growth Hearing Board.But this issue about the policy for utilities extensions still needs to be addressed because it's going to be important moving forward. The major points of the staff report focus on the inef?cient use of public funds,to maintain and develop inef?cient infrastructure.When unplanned growth occurs it's less expensive,but in the long run,it costs everybody in terms of direct ?nancial costs and future considerationsfor loss of land,loss of street connectivity and several inef?cient municipal services. City Council and the Planning Commission have stressed several issues with the comprehensive plan process for the last two years.Of course,the goals to encourage urban development in urban areas where adequate facilities and services can exist or be provided is an important goal.The goal of reducing the inappropriate conversion of undeveloped land into low sprawling inef?cient low- density development was recognized as a critical goal towards that end.In Pasco.Here we're faced with three unique situations in terms of our urban boundaries. In the last recently incorporated Riverview area,we have an odd mix of low-density development, some of it even without city water,but certainly a lot of it with septic systems.It's noted to be lacking in adequate right of way.Often structures,homes,garages,etc.are directly in line with what would be consideredlogical road extensions.And it's very dif?cult to retro?t those areas with urban services,and we're noticing that more and more every single day when people ask to subdivide their property.The second situation is lands that are generally outside the Riverview area,but we're not included in the most recent urban boundary expansion that northwest of Burns and Broadmoor Boulevard.Those are in our old urban boundaries.Many of them use city water. Those properties are mostly ?lled up with half acre developments and they use septic systems,they have city water.Because the minimum requirement is one half acre lots.The level of exception is generally between one and a third and one and a half acre lots.The other situation we have is our new boundaries,and those are clean slate opportunities. There are no roads,there are no constraints aside,lack of utilities,and they offer the best chance for achieving some of the goals that Council and the Commission have focused on in the comprehensive plan process.What we've proposed in terms of the staff perspective,is separate Planning CommissionMeeting Minutes Page 6 of‘)October 2|,2021 Page 118 of 208 treatment of those three areas.The unincorporatedRiverview area or also including at least the recently incorporatedRiverview area south of 182,will be providedcity potable water when asked in conjunction with building permits for single family homes on existing lots. It's a fair proposition,and prevents any kind of taking,and it allows owners of existing lots to utilize their property,with the intent to use it as a single-familyhome.Any subdivision,of parcels in the unincorporatedand incorporatedRiverview area would require extension of city sanitary sewer in conjunction with extension of city potable water.And then there's a caveat with that that indicates we would strive to develop a procedurefor exceptions when it simply is impractical,and we would rely on engineering analysis to come to that conclusion. Those lands outside Riverview within the old Urban boundariesare recommendedto extend city potable water with building permits for existing single-familyhomes.There not many properties left in the old 2008 urban boundariesthat are in this situation.We would require annexationfor extension of city services.This would result in conformance with city development standards, impact fees,and any other development regulations that would apply to properties already in the city limits. It has a lot of ramifications,staff attempted to address just the essentialsin this memo.We would certainly welcome Commission discussion,and once some feedback is received,we are currently working with our legal team to come up with a series of municipal code amendmentsthat would be needed to be addressedthrough ordinances.With any feedback we hear tonight,we can come back with something for the Commission in November that narrows this down. CommissionerCochran-Thank you Mr.White,you want new homes to leverage the investments the taxpayers have made already,and when they don’t,you want the developers and homeowners to bear that burden because the city has made those investments and those taxpayers have made that investment,I think it seems like a reasonableapproach.One question is,when you use the wording,they require an extension of city sanitary and city water.I assume that means that that's on the developer or homeowner‘sproperty owner's dime?Or is that on the city’s dime. Director Rick White-It would be on the owner or the permitting applicant. Commissioner Cochran-I think that putting the burden on the developers and property owners to bear the burden when they aren't leveraging the investments the city has already made is a reasonablerule,but I will open it up to the other Commission members for comments and feedback.1 think the staff would love your input and guidance,so please feel free to chime in any comments from other commissioners. Commissioner Lehrman-In the old UGA there are four neighbors,and one home is not there yet, does that new homeowner take the full responsibility of connecting the sewer and water? Director Rick White-There are four lots in a row,three of the lots have homes,the last one does not.If a building permit is wanted on that existing lot,they would need to extend city water Planning Commission Meeting Minutes Page 7 of9 October 21,202] Page 119 of 208 themselves.If they came and approachedstaff with a subdivisionof that last parcel,then they would be expectedto extend not just the water to serve the new subdivision,but also the sanitary sewer. CommissionerCochran-Is it because the lot becomes too small for a septic? Director Rick White-This goes back to the premiseswithin the urban boundaries,we shouldn’tbe using septic systems on existing lots.Generally,people have the property right to develop their home on an existing lot.In those circumstances,there will not be much argument about use of a septic system and meeting the health department regulations.But,if you subdividethose properties into additionallots,within the urban area we would be expectedto provide sewer. CommissionerHendler-When is a project or issue required to come before the Planning Commission? Director Rick White-Sure,when we switchedto hearing examiner,items like specialpermits, preliminary plats,and rezones moved from the Planning Commission’sworkloadto Hearing Examiner workload.Any major planning efforts like the ComprehensivePlan,Code Amendment process,the TransportationsSystem Master Plan,the commissionhas received updates,then there are the administrativeprocesses that do not go to Hearing Examiner or the Planning Commission. One of those are the short plats because they are handled at the staff level. CommissionerHendler-Not every project will be seen by the Planning Commissionunless they fall within the perimeters? Director Rick White-yes,that’s correct.This item will come back this year to the Planning Commission,if we can get the ordinances tied up that affect the existing section in the municipal code,we'll be able to advertise for a public hearing. CommissionerCochran-So we will see this in a more formal public hearing item in Novemberor December.Thank you. CommissionerLehrman-Referring to CommissionerHandler’s question,l’m wondering if there's an infographic that could be put up to share with both commissionersand the public of the process that the city uses when deciding to go to the hearing examiner and Planning Commission,to be able to help with communication.Like I said,these formal meetings that we have here and how citizens can be involved in and follow along a little easier. Commissioner Cochran-Something so simple like a ?owchart or diagram can be helpful,thank you for that input commissioner.Hearing no further questions or comments. Meeting Adjourned at 7:16 pm. Planning CommissionMeeting Minutes Page 8 of 9 October 21 2021 Page 120 of 208 Respectfullysubmitted, §K MariaFernandez,AdministrativeAssistant 11 Community &EconomicDevelopment Department October 21,2021 Planning CommissionMeeting Minutes Page 9 of 9 Page 121 of 208 alas Ci 0 ‘WPciysco PLANNINGCOMMISSIONMEETINGMINUTES City Hall -Council Chambers 525 North Third Avenue Pasco,Washington THURSDAY,November 18,2021 6:30 PM CALL TO ORDER City of Pasco Planning Commission meeting was called to order at 6:30 p.m.,by Chair Tanya Bowers. ROLL CALL Commissioners Present:Jerry Cochran Remotely:Joseph Campos,Paul Mendez,Kim Lehrrnan,Isaac Myhrum,Jay Hendler a quorum was declared. Commissioners Absent:Abel Campos,Rachel Teel. Staff Present:Community &Economic Development Director Rick White,Planner Andrew Hattori. PLEDGE OF ALLEGIANCE Chair Tanya Bowers led the Pledge of Allegiance. WELCOME AND ANNOUNCEMENTS Chair Bowers stated:The Planning Commission is an advisory board of volunteers appointed by City Council and the purpose of the Commission was to provide recommendations to City Council regarding changes to the City’s Comprehensive Plan,Land Use Updates,Block Grant Allocations and Zoning Code.The Planning Commission is tasked with considering the long—termgrowth and development of the community,the impact of land use decisions on community,livability,economic opportunity,housing affordability,public services, and the environment.Chair Bowers reminded the audience tonight’s proceedings were being broadcast live on City of Pasco’s Facebook page and on Charter Cable PSC Channel 191 and will be rebroadcast several times during the next month.She stated the meeting was also being recorded and could be watched on City of Pasco’s website,which is Pasco-wa.gov.Click on the VIDEO ON DEMAND link and make your selection there.Copies of the agenda were available on the back table and asked that everyone silence cell phones to prevent interruptions during the meeting.Please come to the podium,speak clearly into the microphone,and state your name and city of address for the record.Washington State law requires public meetings to not only be fair,but also appear to be fair.Washington State Law prohibits Planning Commission members from participating in discussions or decisions in which the member may have a direct interest or may be either bene?ted or harmed by the Commission’s decision.Any objection to a Commission member hearing any matter on tonight’s agenda needs to be aired at this time or it will be waived.Any Commission members who have a current declaration regarding any of the items on the agenda.There were no declarations.Does anyone object to any Commission member hearing any of the items on the agenda.There were no declarations. APPROVAL OF MINUTES Commissioner Jay Hendler moved to approve the Planning Commission meeting Minutes of October 21, 2021.Commissioner Jerry Cochran seconded,and the motion carried. OLD BUSINESS Memo-Utilig Extension UGA Director Rick White stated:This was brought before the planning commission last month.We do not have an ordinance to review.The memo summarizes the importance of planned and smart utility extension policies in the Pasco urban area and identi?es three different scenarios for your consideration.The first is either the unincorporated or formerly unincorporated areas noted as a Riverview area,the lands within the 2008 Urban Growth area expansion and then the lands added that are part of the current Urban Growth Area expansion. Staff suggests the commission to consider three different policies for each area.Each area has unique attributes,and it doesn’t go well to have a one fits all policy for them. Planning Commission Meeting Minutes Page I of 6 November 18,2021 Page 122 of 208 V A l Chair Bowers stated:Is it possible to see a mapped unincorporated plus the 2008 and the current EGA. Commissioner Cochran stated:Same comment as last month,but the main driver for my perspective was making sure that we incentivize and prioritize developers leveraging the infrastructure that the taxpayers invested in. Mr.Rick White stated:This was referred to the Home Builders Association some time ago.By December we can have a formal public hearing and probably an ordinance from our legal team. Corner Lot Fencing Mr.Hattori stated:We will discuss a proposal for a code amendment regarding corner lot fencing,the current code PMC 25.180.050 (1)(c)the height of fences,walls,and hedges shall be limited to 1511within the front yard area of a residentially zone lots,retail business and of?ce zone lots provided (when two contiguous comer lots or two comer lots separated only by an alley right of way form the entire frontage between parallel or nearly parallel streets). The height of fences,walls and hedges shall be limited to 6ft within the front yard adjacent to the side street, except where the front door of a house faces the side street.All fences greater than 3.5ft in height must be set back to the building line of the house facing the side street.You can see that the fence extends to the sidewalk where the property line is presumed to be.The other scenario is when one of the houses does access the shared street by current code right now,the requirement for six-foot fencing would have to be set back to the building line of the neighbor's property.The fence would not be able to extend out to the property line. Fencing is entirely based on your neighbor's dwelling.After analyzing the code and possible options,there are two code amendments we would like to propose.The first would be a modification to the residential design standards.It would be the addition of verbiage during the planning stage or the permitting stage for dwellings.If the condition were two contiguous laws formed the entire frontage between two parallel and nearly parallel streets,the house would have to be addressed and accessed from the non-shared street.There is a modification I’d like to change in the report.The proposal is written that the shared street would be the primary access.Our code does allow for secondary accesses on comer lots.The second condition is that fences greater than three and a half feet in height,must be set back a distance equal to the front yard setback of the zoning district,and this would be a change to the fences,walls,and hedges design standards,and this would take away that dependency on your neighbor's dwelling.This also takes into consideration when two developments or two phases occur bordering each other.This is a real-life version of that plot we were just looking at.The Southern dwelling accesses,the shared street and the Northern dwelling is slightly behind.I believe the building line of the Southern lot,and because of that,the fence must be set back two or 3ft from the building line of the Southern property,and that puts the fence by the dining room window.If the fence was allowed to extend all the way out to the property line,for example,then that driveway on the Southern property will border a fence creating a visibility hazard. Chair Bowers stated:the setback being by the dining room window is problematic. Mr.Hattori stated:yes,the fence line would put it at the dining room window of the northern dwelling. With the setback requirement,it would ensure that the furthest that setback is going to be is at the building line of the dwelling. Chair Bowers stated:The building line of which property,the Northern property. Mr.Hattori stated:The building line of the Southern property dictates where the fence will be on the Northern property. Planning Commission Meeting Minutes Page 2 of 6 November 18,2021 Page 123 of 208 Commissioner Cochran stated:When you mention the first change and adding a primary access,I think about my driveway being the primary access,and a secondary access would be where you can park a motorhome,or another parking space?That is the kind of scenario you envision for the secondary access not being subject to it,the primary access is.My second question is,where you say it is not allowed to be addressed or accessed,I would assume a new division phase being added and house is being built and you can tell the constructor the house needs to be addressed a certain direction. Mr.Hattori stated:Yes,we hope the modifications to the design standards to existing dwellings will address this. Commissioner Cochran stated:You all have done a great job of going back and forth on a balanced and minimalist approach that addresses the safety issues. Chair Bowers stated:I'm going to open the public hearing.Any individuals who wish to speak on this item now is the time to come forward and speak.All you must do is state your name and city of address for the record. Maria Sandoval &Ruben Sandoval of 5602 WRubvstated:We are on the comer lot.We wanted to start out by saying this is not what we had in mind.We are concerned about safety.So here we have our six-foot fence,and we drop down,and then all the 56 is that three-and-a-half-foot code enforcement.There is already a six-foot-fence on Court Street,my husband and I are proposing to build our six-foot fence and be aligned where that fence starts off. Commissioner Cochran stated:So,what you are asking is to be able to build a 6-foot fence or extend out to the road?Or both? Maria Sandoval stated:I want you to allow me to add the extra height to the fence. Commissioner Cochran stated:It is hard to envision,but the main goal of the three and a half feet is to help with safety issues when others are backing out or accessing the street.If you build the 6-foot fence are their driveways you would block from being able to see the street? Ruben Sandoval stated:They would not mind if we built a 6-foot fence.There is an electrical box right on the comer of the driveway,it would give them space. Mr.Hattori stated:As far as extending the fence out to what I would think is the property line there,it would still require that that'd be three and a half feet. Director Rick White stated:I want to understand,the six-foot fence is the fence abutting Court Street.The estate fence,is that correct? Maria Sandoval stated."We had an architectural committee look at it.We submitted the plan,and nowhere did it say there was going to have to be a three and a half fence on the busiest side of where our house is. Commissioner Cochran stated:Based on what you described;you would be creating a safety issue for yourself. Maria Sandoval stated:No.This is 56 and our house faces the other way. Chair Bowers stated:Commissioners any other questions,for the Sandoval’s?Any others who wish to speak on this matter? David Atkins o[5613 W Ruby Street stated:I am here for one of our neighbors that could not be here Planning Commission Meeting Minutes Page 3 of6 November 18,2021 Page 124 of 208 ....,N,_._..._.._.,., tonight.The following is a letter he wrote to the council.His name is Miguel.‘To whom it may concern, First off,thank you for your time to hear us about this issue we have regarding the height of our fence facing the streets,it’s a giant concern to my wife and letting our little one’s age three-and eight-years old play outside in the comfort of our own home due to the absolutely no privacy and potential safety to whoever passes by and randomly stops and parks on road 56.I'm not allowed to put up a six-foot fence.We have over a half-acre lot and with just three and a half foot fencing everywhere it is visible by driving by.I've had multiple cars stop on my property,park,and sit there for a few minutes and just wait there and must take her to support this.I have personal items in my backyard that I could replace if they were to get stolen,but I do not feel safe letting my eight-year-old play in the backyard knowing that it's easier for somebody to literally step over a three-and-a-half-foot fence and could take them with ease.I hope this will never happened,but this is one of the biggest concerns I have.Anyone can walk to my house while my kids play in the backyard while I run upstairs for something or anything,in general.I recently put-up security cameras.But when somebody with intentions,that camera simply isn’t going to stop them.Recently the neighborhood got broken into and my house was hit.A few items were taken from one of the vehicles,that can easily be replaced,but not my children.We have worked very hard for many years to get where we are to be able to build a home for our children.It breaks my heart that I must tell them,they are not allowed to play in the backyard unless 100%supervised,due to being a privacy safety issue.I hope you can see our point of view and please allow us to be able to have Privacy that will give us a peace of mind for the safety of our loved ones and especially these little. Commissioner Cochran stated:Where are you wanting to put the fence? David Atkins stated:Here between where the street is. Commissioner Cochran stated:You’re wanting to put up a fence here,and you’d rather build it six feet than three now.Same as the last case? David Atkins stated:Yes. Ashley Atkins also of 5913 W Ruby Street [husband is David Atkins}stated:Being at the opposite comer,at the last meeting in October,there was an inaccurate discussion,provided the pictures that were shown by Mr.Hattori.I understand he was describing the code in its current place.However,the dispute is about size,location and it wasn't comparable to our situation.We have no sidewalks.There needs to be language in the code to interpret important aspects when deciding a fencing permit,including safety,crime, and conformity.Have you considered writing more than one fence code depending on the size of the residential property or replacing a phrase in the current code to have more versatility for situations like this that come up?After speaking with both the city of Richland and the city of Kennewick code enforcement and building,we would have no problem building a six-foot fence on a quarter lot.We feel the city,as Pasco,has overstepped its stringent code and it needs to reflect not what the city desires,but with the taxpayers need. Chair Bowers stated:Your house currently has a three and a half.’ Ashley Atkins stated."Yes. How would the new proposals effect the presentations we had tonight?How our standards compare to the other two cities for fence building? Mr.Hattori stated:we are the only city of Tri-Cities that currently bases fence setbacks and comer lots on neighboring properties.Each city does it differently,but we would be unique in that aspect. I know I've been given some new information tonight.Does the city feel like with some of this new information,you would like to revise your proposal? Planning Commission Meeting Minutes Page 4 of6 November 18,2021 Page 125 of 208 .3 1l il il, :1 .5 Director Rick White stated.‘No,we can provide aerial photographs of this city-wide issue.First,show the existing situations and then possibly show should there be a six-foot fence installed on the ?anking side. And we can try to show the proposal tonight would accomplish.Reports can be shared with residents and commissioners. Chair Bowers stated:I think it will be helpful,it’s wonderful when public comes in to show us other perspectives.This is how we do community-based decision making.We need to go back,put some more perspectives in here,and then we can look at this at the next public hearing. Commissioner Cochran stated:We should get some insight about the changes you're proposing,which are seemingly a good balance of all the proposals we've talked about,how would that impact,help or hurt these situations? Commissioner Myhrum stated:I concur with my colleagues,and I found the public comments compelling, and I'd be in favor of additional perspective so we can continue to look at this. Commissioner J.Camgos stated:I agree.It would be nice to go back and gather more information and talk about it again. Commissioner Hendler stated:I wanted to bring up the issue about looking at the requirements for fences, aesthetically and the creation of our neighborhoods as we go forward.I do not care about the height of the fence if it meets safety standards and provides for the aesthetics of the city. Chair Bowers stated:We are going to move on,and we will continue this at this public hearing at the next meeting. WORKSHOP &OTHER BUSINESS MEMO-AMENDING NONCONFORMING USES Senior Planner Mr.Jacob Gongaleg stated:in the past municipal Code nonconforming regulations referred to uses or structures which were constructed at the time when they were permitted but have since become noncompliant due to changes in legislation such as rezones land uses,etcetera.Our intent is to update the nonconforming chapter to be more ?exible for our community members.We are looking for comments,this is just an introduction more so to get an approval from planning commission to move forward with this effort.After a few months,we’ll come back with updates. Commissioner Myhrum stated:It appears that there is quite a bit of ?exibility,the non-conforming code section essentially allows a non-conforming use to exist so long as it's not added to or expanded upon.Do you foresee adding additional sections to this?Can you maybe give some examples of added ?exibility that isn't currently being addressed‘? M .Jacob Gonzalezstated:One example is a multi-family house located in a residential zone that could be rebuilt in case of a fire.If it was in a commercial zone,it could not.We have a few residential units specifically in central Pasco along 10"‘avenue,Sylvester,and Court Street.There we have multifamily or residential units that were constructed at the time lawfully.However,a new zoning has been applied,so depending on the extent of the construction or repair,they may not be allowed to be repaired or rebuilt per our current code.We would like to look at some of those to make sure we don't have any inconsistencies. There is an application cycle for our comprehensive plan land use opening in the next few weeks.We do think that both refinements and nonconforming regulations,along with the land use amendments,may clear up any of those kinds of inconsistencies.There's also some language and terms that are in the nonconforming regulations,which we do not have defined.We would like to deviate subjective responses and be very specific and clear as we can be with working with members of the community. Planning Commission Meeting Minutes Page 5 of6 November 18,2021 Page 126 of 208 Chair Bowers stated:This will help get the past in line with the present. Director Rick White stated:The downtown master plan is continuing.December 15 is a workshop,and it will be held downtown.We are also in the middle of the initiation process for a housing capacity plan.Mr. Gonzalez has done a great job getting the city represented in a Housing Solution Workshop,a national effort we really bene?ted from in terms of getting data for our housing capacity plan that we otherwise would have had to have paid for a separate consulting team to prepare.1 want to make sure that I also mentioned the Broadmoor master plan,which is continuing that's much like our comprehensive plan.Not only is it a master planning effort for that roughly 1500-acre area,but it's also an environmental impact statement.The brief from Future Wise was received two weeks ago.It is our issue to take care of,however it is a three-part effort with the city's attorney team,the counties,and the Port of Pasco.The briefs in response to Future Wise's complaint are due next Friday.We expect it will go to the Growth Management Hearing board by the beginning of the year.There are huge projects riding on this decision like the Reimann Center Annexation that will house the Dairy Gold project.There are several large-scale residential developments occurring in North Pasco.We're working on forming sewer,local improvements to provide the backbone utility infrastructure in that area as well. Commissioner Cochran stated:Is there also a workshop happening?The workshop for Broadmoor traf?c design.Is that in public works? Director Rick White stated:Yes,it was last night.There will another event on interchange,West eastbound on I-182 on how they go north and south on Broadmoor Boulevard. Chair Bowers stated:I imagine we will be invited to the Visioning workshop on the 15th? Mr.Jacob Gongaleg stated:You are,yes. Commissioner J.Camgos stated:I have looked at the Transportation System Master Plan Jacob put together,and it looks awesome.Mr.White is the Lewis Street overpass back up and running? Director Rick White stated:Yes,some of it is back up,the supports are being poured already.Mr.Gonzalez would probably like to say a few words about the Transportation System Master Plan. Mr.Jacob Gongale;stated:Yes,quick summary.That effort has been going on from mid-2018 to late 2019. DKS has been working hard to identify existing conditions and the future demands that will be placed on the city's entire transportation network.It’s a lot more than just our vehicle traffic,it includes non-motorized users,bicycles,those on foot and our emergency service responses.We expect that to come back to Council in early 2022 for ?nal adoption. Chair Bowers stated:Will we be seeing it before council? Mr.Jacob Gongaleg stated:Yes,we can provide a summary to the planning Commission.Probably in January’s planning commission meeting. Meeting Adjourned at 7:37 pm Iykespectfullysubmitted, Kristin Webb,CDBG Administrator Community &Economic Development Department Planning Commission Meeting Minutes Page 6 of6 November 18,2021 Page 127 of 208 MEMORANDUM TO PLANNING COMMISSION PLANNING COMMISSION MEETING City Hall – 525 North Third Avenue – Council Chambers DATE: THURSDAY, JANUARY 20, 2022 6:30 PM 1 TO: Planning Commission FROM: Andrew Hattori, Planner I SUBJECT: Corner Lot Fencing Code Amendment Background Pasco Municipal Code regarding fence location and height stipulates that fencing within front yard areas may not exceed 6’ in height. When the fencing is proposed within the flanking street front yard area on corner lots the following applies: (1) When two contiguous corner lots, or two corner lots separated only by an alley right-of- way, form the entire frontage between parallel or nearly parallel streets, walls and hedges shall be limited to six feet within the front yard adjacent to the side street. See Exhibit A. (2) When then the front door of the adjacent home faces the side street all fences greater than 3.5’ in height must be set back to the building line of the dwelling. See Exhibit B. Only when the specific requirements of situation (1) are met may fences greater than 3.5’ in height be permitted. Currently, lots exist that fall under the requirements of situation 2, causing restriction to how far the 6’ fencing may extend towards the frontage property line. An additional provision is included within the PMC that allows for fencing to be increased in height to 5’ in front yard areas within the R-S-20 and R-S-12 Residential Suburban Districts. This fencing must be constructed of wrought iron with interspersed brick or block columns and the fencing must be, at a minimum, 85% transparent. The public considered three options at the December 16th Planning Commission Meeting: Option 1: On lots that are not contiguous and form the entire frontage between two parallel or nearly parallel streets: Fences greater than 6’ in height within flanking front yard areas shall be setback a distance equal to the front yard setback of the underlying zone, with a modification to the residential design standards to prohibit access to the shared street. Option 2: On lots that are not contiguous and form the entire frontage between two parallel or nearly parallel streets: Fences greater than 6’ in height within flanking front yard areas shall be setback a minimum distance of 15’ from the property line. Option 3: On all lots: Fences greater than 6’ in height must be setback 15’ from all property lines adjacent to street right-of-way. Page 128 of 208 2 Analysis & Summary Current fence design standards require setbacks that are determined by a neighboring property’s dwelling rather than a consistent measurement. This can create situations where a fence on a corner lot must be set back significantly further than what would be a safe and uniform distance from a property line. Additionally, properties on a corner lot where the neighboring lot has yet to develop do not have a basis for what the required fence setback may be resulting in unsafe or stringent requirements. Residential Design Standards When two corner lots form the entire frontage between two parallel, or nearly parallel streets, dwellings shall not be allowed to be addressed or accessed on the shared street. This will remove the possibility of creating unusual lot configurations and accesses. Fences, Walls and Hedges Design Standards When the corner lots do not form the entire frontage between two parallel, or nearly parallel streets, fences greater than 3.5 feet in height shall be setback 15 feet from the property line adjacent to the side street. Staff has included all proposed changes and revisions in Exhibit C of the Planning Commission staff report. Recommendation Motion: I move the Planning Commission recommend to the Pasco City Council the proposed amendments to the Residential Design Standards and the Fences, Walls and Hedges Design Standards as contained in the January 20, 2022 Planning Commission staff report. Page 129 of 208 Page 130 of 208 Page 131 of 208 Ordinance Relating to Corner Lot Fencing and Design Standards - 1 EXHIBIT C ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, RELATING TO CORNER LOTS AND CORNER LOT FENCING, AND AMENDING PMC SECTIONS 25.165.100(1) “RESIDENTIAL DESIGN STANDARDS” AND 25.180.050(1)(C) “DESIGN STANDARDS” WHEREAS, cities have the responsibility to regulate and control the physical development within their borders and to ensure public health, safety and welfare are maintained; and WHEREAS, the City of Pasco has Subdivision regulations that encourage orderly growth and development; and WHEREAS, fencing design standards require setbacks determined by neighboring dwellings; and, WHEREAS, residential design standards do not provide provisions for maintaining standard lot accesses; and WHEREAS, without such ordinance, placement of fences on corner lots is problematic and ambiguous when lots are not developed simultaneously; and, WHEREAS, the City Council has determined that to maintain and protect the welfare of the community and provided consistent and reasonable expectations for fence and dwelling placement, it is necessary to amend PMC Section 25.165.100(1) entitled “Design Standards” and PMC Section 25.180.050(1)(C) entitled “Fences, Walls and Hedges”; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section of PMC 25.165.100(1) entitled “Design Standards” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.165.100 Residential design standards. (1)Design Standards. Except for multifamily structures, the following design standards shall apply to all newly constructed or newly placed dwellings in the RT, R-S-20, R-S-12, R-S-1, R-1, R-2, R-3 and R-4 districts: (a)The main entry doors of all dwellings must face the street on which the dwelling is addressed; (b)When two corner lots form the entire frontage between two parallel, or nearly parallel streets, dwellings shall not be addressed or accessed from the shared street. (c)(b) A minimum of 30 square feet of glazing must be on the portion of the dwelling facing the street. Dwellings with less than 32 square feet of glazing must contain covered porches with a minimum of a four-foot overhang; Page 132 of 208 Ordinance Relating to Corner Lot Fencing and Design Standards - 2 (d)(c) All entry porches/landing areas must be constructed as an integral part of the dwelling architecture; (e)(d) The main roof of all dwellings shall have a minimum 5/12 pitch; except dwellings with less than a 5/12 pitch legally established as of the effective date of the ordinance codified in this chapter shall be permitted to be rebuilt, altered, enlarged or remodeled without the roof being changed to a 5/12 pitch; and except for flat-pitched roofs (roofs with a pitch of 1/12 or less) and/or shed-style roofs with varying pitches as part of an architecturally integrated design. (f)(e) Eave overhangs are required and shall be a minimum of 12 inches; (g)(f) Dwellings with 4/12 pitch roofs may be permitted, provided the main roof includes one or more secondary roofs intersecting the main roof at right angles. The secondary roof must have a pitch of 5/12 or greater; (h)(g) No false or artificial dormers are permitted, except fenestrated false or artificial dormers on roofs with at least a 5/12 pitch; (i)(h) All foundation walls must be poured concrete or masonry block; (j)(i) All dwellings must be permanently connected to foundations, and must meet seismic and wind loading standards for Franklin County, Washington; (k)(j) No more than 12 inches of foundation wall can be exposed on the walls facing a street; (l)(k) All siding must be durable materials, such as brick, masonry, stucco, vinyl, exterior-grade wood, or exterior-grade composites, each with a lifespan of at least 20 years under normal conditions; (m)(l) All siding must extend below the top of the foundation one and one-half to two inches. A bottom trim board does not qualify as siding and cannot be used to cover the top of the foundation; (n)(m) All trim materials around windows, doors, corners, and other areas of the dwelling must be cedar or other City-approved materials that are not subject to deterioration; (o)(n) All electric meters must be securely attached to an exterior side wall of the dwelling. Meters are not permitted to face the street upon which the dwelling is addressed; (p)(o) All additions and/or other architectural features must be designed and permanently connected to the dwelling so as to be an integral part of the dwelling; (q)(p) Primary driveways shall terminate into an architecturally integrated garage or carport. No parking pad is permitted in front of a dwelling unless such pad leads to a garage or carport; (r)(q) At least one required off-street parking space must be located behind the front building setback line of the dwelling. (2) Exceptions. Exceptions to the design standards may be granted through the special permit process based upon review of the criteria listed in PMC 25.200.080. Section 2. That Section of PMC 25.180.050(1) entitled “Fences, Walls and Hedges” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.180.050 Design standards. Page 133 of 208 Ordinance Relating to Corner Lot Fencing and Design Standards - 3 (1) Fences, Walls and Hedges. (a) The height of fences, walls and hedges located between a structure and street or alley shall be measured from the street curb or alley grade except in those cases where topographical irregularities occur. The height of fences, walls and hedges between a structure and a common lot line shall be measured from the grade along the common lot line or top of any structural retaining wall occurring at the common lot line. (b) Fences and walls in commercial districts shall complement the materials used in any principal on-site structures. (c) The height of fences, walls and hedges shall be limited to 3.5 feet within the front yard area of residentially zoned lots, retail business and office zoned lots; provided, when two contiguous corner lots, or two corner lots separated only by an alley right-of-way, form the entire frontage between parallel or nearly parallel streets, the height of fences, walls and hedges shall be limited to six feet within the front yard adjacent to the side street; except where the front door of a house faces the side street all fences greater than 3.5 feet in height must be set back to the building line of the house facing the side street.15 feet from the property line adjacent to the side street. (d) The height of fences, walls and hedges within the side and rear yards of residentially zoned lots, retail business and office zoned lots shall be limited to six feet. A gate or opening with a minimum three foot width leading into at least one side yard shall be provided. (e) Fences shall not be constructed out of tires, pallets, bed springs, multi-colored materials, tarps, plastic sheets, corrugated sheet metal, except in industrial districts, wheel rims and similar or like materials not traditionally manufactured or used for fencing purposes. Hog wire, chicken wire, horseman wire mesh, v-mesh, field fence, woven field fence, welded utility fence, or any similar or like wire fencing material is not permitted in residential or commercial zones. Horseman wire mesh and the other wire fencing listed above may be permitted in suburban residential districts on tracts larger than one acre that are used for animal husbandry. Fences built with valid permits prior to the effective date of this chapter or fences on properties annexed to the City after the effective date of this chapter are exempt from this subsection. (f) Fences constructed of wrought iron with interspersed brick or block columns of up to five feet in height may be permitted within front yards in the R-S-20 and R-S-12 districts provided said fencing is 85 percent transparent. (g) Barbed and razor wire fencing is prohibited in all residential districts, in the office district and the central business district. Barbed wire may be permitted in suburban residential districts on tracts larger than one acre that are used for animal husbandry. In the C-1 retail business district only one strand of barbed wire is permitted along the top rail or within two inches of the top rail. (h) Electrified fences are not permitted in residential districts except as a secondary means of securing property where the electrified fence is located behind an existing fence or in suburban districts to contain permitted farm animals. (i) In all front yards, whether on properties with single, double, or triple frontage, rails, posts and other structural fence supports shall not be visible from a public street; except that posts and Page 134 of 208 Ordinance Relating to Corner Lot Fencing and Design Standards - 4 rails that are an integral part of the fence design and aesthetics and not used solely for structural support may be visible from a public street. (j) All fencing in commercial and industrial districts shall be placed on the inward side of any required perimeter landscaping, with landscape treatments occurring along the street frontage. (k) No fence, wall or hedge, landscape material or foliage higher than three feet above curb grade shall be located or planted within an area 20 feet along the property lines from the intersection of two streets, including the area between such points, or 15 feet from the intersection of a street and an alley; provided, however, that if an alternative fence material is used, such as masonry, wrought iron, wood, or combination thereof, then the fence must be 75 percent transparent and may be a maximum six feet in height; or a smaller, 75 percent transparent fence set upon a maximum three-foot wall or other structure not exceeding a combined height of six feet may be erected within said area of intersection of street and alley, so long as the fence is at all times unobstructed by foliage or other matter. (l) Fences constructed in any zoning district may be permitted at the back of sidewalks in public right-of-way upon approval of the City Engineer, except as provided in PMC 25.180.050(1)(j). (m) All residential fencing within the I-182 overlay district, as defined by PMC 25.130.020, adjacent to the I-182 right-of-way shall be constructed of masonry block. Replacement of pre- existing Surewood fences within the district shall use masonry block or cedar material prescribed by the City as prestained, knotless cedar 23/32-inch thick, five and one-half inches wide and six feet tall. (n) No fence or wall shall be erected without first obtaining a building permit from the Building Inspector. (2) Clearance Distances. Where a fire hydrant is located within a landscape area it shall be complemented by a minimum clearance radius of three feet; no tree, as measured from its center, shall be located within 10 feet of a street light standard, or within five feet of a driveway or a fire hydrant. (3) Commercial and Industrial Districts. (a) The first 10 feet of all commercial and industrial property abutting an arterial street and the first five feet of all commercial and industrial property abutting a local access street shall be treated with landscaping at the time the property is developed. No less than 65 percent of the landscaped area must be treated with live vegetation at the time of planting. (b) In addition to the requirements contained in this chapter and unless specified otherwise in Chapter 25.130 PMC, commercially and industrially zoned properties adjacent to properties in less intense zoning districts shall have a 10-foot landscape buffer on the side immediately adjacent to the less intense zoning district. The landscaped buffer shall meet the following standards: (i) Live vegetation within the landscape buffer shall be planted with a mix of evergreen and deciduous trees and shrubs interspersed throughout the landscape buffer. (ii) The live vegetation shall consist of 40 percent evergreen trees. Page 135 of 208 Ordinance Relating to Corner Lot Fencing and Design Standards - 5 (iii) Trees shall be provided at a minimum rate of one tree for every 20 linear feet of property line and spaced no more than 30 feet on center spacing along each property line, unless planted in groupings of three trees, with groupings spaced no more than 50 feet on center along each property line. (iv) Shrubs shall be provided at a minimum rate of one per eight linear feet of property line and spaced no more than 16 feet apart on center. (v) Parking lots located adjacent to properties in less intense zoning districts require 100 percent of the landscape buffer to be planted with live vegetation. (c) The area between property lines and the back edge of street curbs, within right-of-way and exclusive of sidewalks and driveways for ingress/egress, shall be treated with landscape materials. (4) Residential Districts. At least 50 percent of the required front yard area for all residential property, including right-of-way but excluding driveways, shall be treated with live vegetation. Planting strips shall be treated as per PMC 12.12.070; and (5) All areas of a lot or parcel not landscaped or covered with improvements shall be maintained in such a manner as to control erosion and dust. Gardens within established landscapes are excluded from this provision in residential districts. Front yard areas not covered by the required 50 percent live vegetation must be covered by mulches or decorative rock. Section 3. This ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, this day of 2022. Page 136 of 208 Ordinance Relating to Corner Lot Fencing and Design Standards - 6 Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Published: Page 137 of 208 PLANNINGCOMMISSIONMEETINGMINUTES &Cltyoj City Hall-CouncilChambers 525 North Third AvenueI.Pasco,Washington THURSDAY,DECEMBER16,2021 6:30 PM CALL TO ORDER City of Pasco Planning Commissionmeeting was called to order at 6:30 p.m.,by Chair Tanya Bowers. ROLL CALL _ CommissionersPresent:Tanya Bowers,Jerry Cochran,Telephone:Rachel Teel,Kim Lehman, and Joe Campos a quorum was declared. CommissionersAbsent:J.Hendler,Isaac Myhrum,Paul Mendez,Abel Campos Staff Present:Community &EconomicDevelopment Director Rick White,Senior Planner Jacob Gonzalez,AdministrativeAssistant 11Carmen Patrick,and Planner I Andrew Hattori. PLEDGE OF ALLEGIANCE CommissionerTanya Bowers led the Pledge of Allegiance. WELCOME AND ANNOUNCEMENTS Chair Bowers explainedthe Planning Commissionis an advisory board made up of volunteers appointedby City Council. She further explainedthe purpose of the Planning Commission was to provide recommendationsto City Councilregarding changes to the City’s ComprehensivePlan,Land Use Updates,Block Grant Allocationsand Zoning Code.The Planning Commissionis tasked with considering the long—term growth and development of the community,the impact of land use decisions on community, livability,economicopportunity,housing affordability,public services and the environment. Chair Bowers remindedthe audience tonight’s proceedings were being broadcast live on City of Pasco’s Facebookpage and on Charter Cable PSC Channel 191 and will be rebroadcastseveral times during the next month. She stated the meeting was also being recorded and could be watched on City of Pasco’s website, which is Pasco-wa.gov.Click on the VIDEO ON DEMANDlink and make your selectionthere. Chair Bowers stated copies of the meeting agenda were available on the back table. She then asked that everyone silence cell phones to prevent interruptions during the meeting. For those present this evening,when you are given the opportunity to address the Commission, please come to the podium,speak clearly into the microphone and state your name and city of address for the record. Chair Bowers remindedthe audience and the Planning Commissionthat Washington State law requires public meetings like the one being held this evening not only be fair,but also appear to be fair.In addition,Washington State Law prohibits Planning Commissionmembers from participatingin discussionsor decisions in which the member may have a direct interest or may be either bene?ted or harmed by the Planning Commission’sdecision.An objection to any Planning Commissionmember hearing any matter on tonight’s agenda needs to be aired at this time or it will be waived. Planning CommissionMeeting Minutes Page 1 of 16 December 16,2021 Page 138 of 208 She asked if there were any Planning Commissionmemberswho have a declarationat this time regarding any of the items on the agenda. There were no declarations. Chair Bowers asked if anyone in the audience objected to any Planning Commissionmember hearing any of the items on the agenda. There were no declarations. Chair Bowers stated the Planning Commissionneededand valued public input explaining it helped the Commissionunderstandthe issues more clearly and allowedfor better recommendationstoCity Council.Furthermore,in many cases,this could be the only forum for the public to get facts and opinions placed into the official recordand City Councilwill use to make the Commission’s decision.She encouraged those present to take full advantage of this opportunity. APPROVAL OF MINUTES '3'CommissionerJ.Campos moved to approve the Planning Commissionmeeting Minutes of November 16,2021.CommissionerCochran seconded,and the motion carried. OLD BUSINESS PUBLIC HEARINGS A.Code Amendment—CornerLot Fencing Andrew Hattori stated members of the Planning Commission.I'm here tonight to discuss comer lot fencing again.We will start off with just going over today's current design standards.Currently, maximum height of fencing in front yard areas is limited to three and a half feet.In ?anking front yard areas there are two situationspossibleif they are continuous comer lots between two parallel streets.The maximum height is 6ft.Under any other circumstances,it's three and a half feet up until the point it reaches the building line of the neighboring property.From that point on,it can be 6ft.Furthermore,maximum height of fencing in rear side yards is 6ft. To give an example of the situationwhere you have two comer lots that are continuous and form that entire frontage between two parallel streets,you'll notice on this diagram that both houses are addressed,not onto the shared ?anking street.In this situation,6ft.fencing can extend out into the green ?anking front yard area. The next slide shows a real world example.On the left,you'll notice that the fence extends out to the edge of the sidewalk.It's a little hard to see on the overview on the right,but that's where the property line is located.You'll also notice that both of those houses have their primary accesses locatednot on the shared ?anking street.So this is the situation in which you'd be allowed to extend your fence all the way out to the property line. The next slide.This is an example of when you don't meet that circumstance,the house on the right Planning CommissionMeeting Minutes Page 2 of 16 December 16,2021 Page 139 of 208 has their primary access and is addressedoff of the shared ?anking street.In this situation,6ft. fencing has to be set back to the building line of the house on the right for the property on the left. A real world example can be seen on the next slide.On the street view image on the left,you'll notice that fence does not extendall the way out to roughly where that sidewalkis.It's set back to the greenhouse or the house behindits building line.And that can be seen in the overview on the right as well. So,we have some new options tonight.Kind of went back to the drawing board and thought about how far could we extend fences out before we bring in the real question of safety?What's that line? Option one is the option that was proposedat the last meeting.When two corner lots form the entire frontage between two streets,neither property shall access the sharedstreet,so we will try our best to avoid those situations.And fences greater than three and a half feet height must be set back a distance equal to the underlying zone. So,in the RS-1 one and higher densities,that's going to be a 20ft.setback in the RS-l2 and RS-20 zoning districts,that's going to be a 25ft.setback.And on the next slide,this is the real world overview of that plot we were just looking at you'll notice that house on the northwest comer I believe in that intersection,their driveway abuts that property line.So having fencing that extends out all the way to the sidewalkwould create a severe visibility concernwhen you're backing out of there,especially when there's two four—way intersections. On the next slide,we'll go over option two.Under this option,fences greater than three and a half feet in height must be set back 15ft.from the property line adjacent to the shared flanking street. You'll notice this l5ft.brought up a lot.After discussionamong the planning staff,building staff, engineering staff,and kind of ?nding out what's that line,where do fences start to become real visibility concerns,15ft.was the measurementthat was determined.It's in line with our clear view standardin the past design and constructionstandards. So,under this situation,it doesn't matter what your underlying zoning is.As long as the fence that's greater than three and a half feet is set back 15ft.from that property line,it would be pennittable. So on the next slide.You'll notice that the fence is nonconforming in this instance,it actually extendsbeyond the property line into the right of way and abuts the driveway of the Brown house. Under current fencing design standards,the white vinyl fence would actually have to be set back about 15ft.into the start of the building line,which would effectively put,for example,that fence at your living room window. That doesn t really make a whole lot of sense.Under option two,you would have a 15-foot setback that effectively puts it at the building line of the dwelling and also provides enough clear view space for the dwelling behind it,the Brown dwelling to safely exit there without having to worry about oncoming traffic or any pedestrianswho might be walking down the road. And option three,our ?nal option,fences greater than three and a half feet in height must be set back l5ft.from all property lines.This creates a standarddistance along all right of way lines.So what that would mean is that we essentially get rid of the concept of the difference of a front yard and a ?anking front yard.If you have a property line that's adjacent to a street or any public right of way,then it would just need to be set back 15ft.from that property line. Planning CommissionMeeting Minutes Page 3 of 16 December 16,2021 Page 140 of 208 So,moving forwardat last month's meeting,there was a lot of discussionabout a specific development in this case that's the Haven Court Meadowsdevelopment off of West Court Street. So,I thought it would be a good idea to take some of the lots that have these comer lot fencing concerns,draw out what each option would mean for these lots and kind of do an analysis of that. But before we break into the analysis,I just wanted to bring up a few things about not only the subdivision,but fencing in general,a lot of fencing problems are specific to a subdivisionor the area.This area in particularis in the Riverview area.It's next to what used to be a County doughnut hole. And in these areas is where we ?nd a lot of these issues.You'll notice none of this area has sidewalks.There's no city sewer here,so there's septic tanks,which causes issues even on the fencing materialdesign.I also wanted to bring up that we're not talking about whether or not these lots are fenceable.We're strictly talking about where you can have fences greater than three and a half feet.All of these lots are fenceable.I know a concern that was brought up last meeting was the wall that is adjacent to West Court Street. That's an estate wall.It's entirely different than a residentialfence.In a way,it is a standardthat was required at preliminary plat approvaland is required of the subdivisionplans.So typically these fences go in way before any homes are built and before the land is actually even plottedinto individuallots,those are required against any collector or arterial roads West Court Street falls into that category,and it's why the fence doesn't continue up Road 56 and Road 60. So,the ?rst lot we're going to look at is lot D.You'll notice that there's an access easement behind this lot and that's the sole access point for at least one dwelling to get to Road 60.And this is an example of when we really have to be conservativevisibility because while it's not your traditional driveway,it's a lot that only can use this and they have to have a safe distance,which would be that 15ft.But you'll notice two lines.The blue interior line is where fences greater than three and a half feet would have to be set back under today's design standardsand option one.The red line,which is closer to the property,would be where fences can be under option two and three,and there's a total of 10ft.closer,so that would increase the fenceable area with fences greater than three and a half feet by roughly 10ft.of width. The next lot we're going to look at is E.You'll see it on 58 Court and West Ruby Street.So,this is a lot on the corner of 50th Court and West Ruby Street,similar to the last lot.The blue line shows where under today's standardsin option one,fence is greater than three and a half feet can be in the red line,which is closer to that property line is option two and three again with a gain of 10ft.in width.Now the third lot is the northwest lot on the corner of West Ruby Street and Road 56.And this kind of shows how our current fence design standardscan really vary depending on your neighbor's lot layout. So,the blue line in this instance is where fences would be under option one only,the red line, which is 10ft.closer to Road 56,is actually today's standardoption two and option three,because that lot behind it is actually closer than typically would be to Road 56. The last one we're going to look at is on the southwest comer of that intersectionand similar to the first two.Yeah,G and under this or the blue line,in this case,similar to the ?rst two,is where Planning CommissionMeeting Minutes Page 4 of 16 December l6,2021 Page 141 of 208 current fence design standardsand option one would place the fence and options two and three would be 10ft.closer to Route 56. So,to summarizethis essentially,option One,the one from the last meeting,would not bene?t these lots per se,just by the way,that the lots are laid out where neighbor's property or their layouts are where options two and three are going to give an extra 10ft.of total space.And at this 15ft.,that is the clear view triangle for driveways and alleyways.An additionalconsiderationthat I would mention is that these are large lots.So typically,you're going to see structures like shops and garages,and we do permit secondary accessesunder all of these options one,two,three current design standards. Having a secondary access there,even for the property owners themselves,would still provide clear distance,reversing or entering or exiting that property.And so,we spent some time looking at these larger lots in the Riverview area.This is a property on the transitionbetween Three Rivers Drive and I believe,Road 56.I apologize.This is north of the highway,and something that I would note here again is that the property to the north was plotted and built-in city jurisdiction,whereas the property to the south is actually in the Northern County doughnut hole.So,it's one of those larger lots.The house is setback pretty far and maybe subdividedsomeday.This is an extreme example of how confusing our current fence design standardsare.So,fencing on that corner lot would have to be set back to that building line,which effectively puts that fence at your back door at the middle of the house. So to give a good example of how each option would individually impact this kind of situation,the diagram on the right shows a red line at the middle of the house.That's current standards.The blue line is set back 20 ft.,which is the underlying zoning district's front yard setback,which puts it at the building line.Options two and three the dash line is where it would be in the ?anking front yard,and you'll notice the solid line continues around the front of the house.The line to the right of that,it's the kind of dashed green line.That's where options two and three would place that fence with option three actually continuing up and aroundthe property. So to summarize,give kind of the breakdownof each option on the next slide.Kind of put it in a table view.Option One the one from last month's meeting,maintains fencing outside of neighboring propertiesfront yards.It provides the largest clear area view,and it clari?es fencing code and design standardsand makes it make sense.Option two would allow for extensionsof fencing,it says greater than 6ft.I apologize that should be three and a half feet in height and two neighboringpropertiesfront yards,but it still provides a large area of clear view for traffic on the primary accesses.It's less restrictivethan option one and the current fence design standardsand would provide at a minimum between five and 10?.of yard area for fences that are greater than. Again,I apologize three and a half feet in height.Option three would allow 6ft.fences to be located anywhere outside of a space 15ft.wide adjacent to street right of way.It provides the minimum sufficient view for traffic adjacent to an on-site and is the least restrictive option.And so with that, I think we concludethe presentation. CommissionerCochran added,I think just comments.This is kind of I think the third or fourth time we talked through this and I appreciate all the work you guys have done because it's really complex issue to meet kind of balance everything.But it seems like to me just from a comment.I don't think I have any more questions,but I think we have to arrive at what option we prefer if we're going to Planning CommissionMeeting Minutes Page 5 of 16 December 16,2021 Page 142 of 208 recommendto Council.And so,for me,I think options two or three are what I kind of feel good about,because I think they strike a good balance between the safety issue and also allowing homeowners to maximizetheir yard.I think I would be personallybe supportive of either option two or three.I also think that there's a safety issue,but people that are driving cars also have a personalresponsibilityto look before they back out.So you just can't put it all on the homeowners that,hey,my neighbor's stupid and doesn't look when they back out.And so I have to build a different fence.So,there's a shared personalresponsibilitythere.And so that's why I like options two and three,that it feels like a good balance between what the homeowners are asking for.That's why I personallyfavor two or three.I'll just leave it at that. This is CommissionerLehrman,please.Looking at option two and three.I like that it lends to one that safety's address,but also,secondthat the homeowner has more use for their land for their property.And so I think that would be attractiveto many homeowners.I also like how well option three is neatly laid out.The wording on it.I think that would decrease the amount of confusion as property owners are trying to decide out their fencing and how to utilize their land. This is J.Campos.I don't want to knock option one is it looks like it seems to resembleour current requirements fairly closely,and that seems to have maybe not worked for the general public,but at least gotten us by for however long we've had it.And I'm really interestedto see what the public has to weigh in before we as a Commissionhave a third discussionon it.But I like Commissioner Cochran's comments.I think you're right very much as a sharedresponsibility for motorists shouldn'tbe the sole burden of a homeowner to ensure safety.Great comment. CommissionerBowers commented,so I have a question,Andrew.We don't have any pictures of option two or option three because they're not permittedas yet? Andrew Hattori answeredthat's correct.Yes.Just the diagrams that are right. CommissionerBowers asked,and option one is still close to what's currently permitted,but it still gives us a little bit more leeway from that. Andrew Hattori answeredRight.So it's close.It bene?ts lots where say your neighbor has extreme setbacks on their property.It's not going to prohibit you from having a logical fence,for example. CommissionerBowers so with that,if we have no other questions or comments,I'm going to open up the public hearing.So any individualswho wish to speak on this particularitem now is the time to come forward and speak.Please state your name and the city of address for the record. Hello.My name is Ashley Atkins,and I don't know if you could pull up the lot again with the D. CommissionerCochran asked before you switch over,can you tell us which lot you are? Ms.Adkins stated so I am lot D here,over in this corner is our back access that Mr.Hattori talks about.We have ten—footeasement till about right there and it goes to 15 and almost 20 in this back part because of the road coming in.Because of the road kind of it's narrower in here than it is back here.So they do have their access back here.It is over a half an acre lot.Our fence right now is at the three and a half foot as it sets.This gives a little bit better angle that the stop sign is almost Planning CommissionMeeting Minutes Page 6 of 16 December 16,2()2l Page 143 of 208 nearly parallelto where our fence is.So,we have the setbackalready but if we move it back 15ft. and what you suggested,then we would have to rip out all of our fence from here to this point, even though this is set back 15 ft.already. Rick White stated well,Madam Chair,may I interrupt for just a moment,please?This is not a retroactivekind of code amendment.The things that have been permittedare going to be allowed to remain. Andrew HattoricommentedI'd like to add to that that's the three-and—a-half-footportion,so that portion is permittedanywhere on the lot.So,we're strictly talking the 6ft. Ms.Adkins continuedcorrect.We want to add and have more Privacy for our kids and our dog, because right now the kids can just hop over this.I mean,it's as big as you couldjust literally hop over it,so it doesn't benefit us in any way the same thing with this lot.It is not on your list of letters on your exhibit see there,but actually,it's the ?rst built house on Ruby Street closest to ours.Yes so this is that house,and this is their three and a half foot fence.And obviously the stop sign is way up here.So there's visibility in both our lots,actually,in all of our lots for visibility,the only garage accessesis all on Ruby Street.So the other garage accessesare on the opposite side of the street for safety reasons. CommissionerBowers asked so you would like to increase the height of the all of our development? Ms.Adkins statedwe want to increase our fences to 6ft.right now.They're at three and a half feet unless they are in any of the middle lots.Any of the comer lots in our entire development cannot have 6ft.fence regardless of where they're at. CommissionerBowers asked so,Andrew,which would be option one,two,three for them to be able to go? Andrew Hattori stated so I think what you're concernedis increasing the height of the fence that currently exists,the three-and—a-half-footfencethat's along the property line.So in this instance, under all of these options,it would have to be moved back 15ft.from its current location if it's on the property line.And so,the comment would be that this is a unique subdivision.We do have to considerthis code for the entirety of Pasco.The code does not prohibityou from having 6?.fence. It just standardizesthe location that it can be located at. Ms.Adkins stated in regards to both cities,Kennewickand Richland,they do not have the dwelling behind it to give access to where your fence shouldbe.Is there a reason why the city of Pasco has that in their code?Andrew Hattori answeredI'm not sure of the origin of that portion of the code.I am not exactly sure when that code was last amended,but it is in line with the way that Franklin County does their fencing,and we want to step away from that.That's why all of these options would get rid of that provision so that we can not worry about where your neighbor's house is for your fence.Ms.Adkins continuednow just coming here we were talking about the access on Court Street.And you said that has to be put in when the development started.The block fence on Court Street down at the bottom.Andrew Hattori answeredtypically,yes,it's part of the subdivision requirements.Ms.Adkins asked if Andrew knew the easement for that?Andrew Hattori stated Planning CommissionMeeting Minutes Page 7 of 16 December lo,2021 Page 144 of 208 there is no easement for that fence.It's generallyplaced at the property lines of those propertiesthat above West Court Street.Ms.Adkins stated okay,because that actually has less visibility.We have less visibility pulling out than we would on our own lots.Andrew Hattoriansweredright.Those are bound by the City of Pasco designing constructionstandardsand is typically reviewedby engineering staff in regards to visibility. Ms.Adkins asked since both cities do not have that in their code and the City Pasco does,is there reason why we have that in there?What brought it on?That the dwelling behind our houses decides where our fence shouldbe. Rick White stated well,again,Madam Chair,we don't know exactly how this happened.We tried to ?nd how it happenedand probably address some circumstance at some point in time,much like we're doing right now with somebody that had probably an unusual or unique circumstance or situation.As Andrew mentioned,it does re?ect consistency with Franklin County.Many years ago, Franklin County and the City of Pasco coordinatedan effort to try to standardizedevelopment regulations.And for the most part,those have been in here,too,through the last few decades,at least through the growth management years from the 90s and beyond.But again,we recognize that that isn't a very good fix.So,as Andrew again mentioned,all three of the options want to eliminate that quali?er and establishone,two,or three as current standards. CommissionerCochran stated but am I correct in assuming that I think the choice this particular homeowner is given is if we were to go with option two or three,for example,it would give them the ability to build that 6?.fence,but it would require them to rebuild and repermit,not add to their existing is what I'm assuming is the case,right.So,it would really be a trade off,then,for the homeworkbetween the Privacy I want,but then I have to do that in this code I have to lose a little bit in my yard to gain that Privacy.Is that really the essence of what we're talking?Rick White commentedyes,it is. CommissionerBowers asked under option one,what would this homeowner have to do?Andrew Hattori answeredso under option one,the fence that's greater than three and a half feet would have to be 25ft.from the property line.That's essentially what would be required under today's standard. I believe that house that is locatedbehind your property is about 25ft.away.Options two and three would increase how close you can be to the street by 10ft. Ms.Adkins added I just have a few more things.Going up and down Road 68.So,McGill is down here with the Fire Department on Road 68.This house just put a nice new block fence in.And this house right here is basically opposite direction.Obviously,there's an easement here for the canal, but it's the same situation they were allowedto put in their fence.They’re 6ft.block fence.Andrew Hattori stated to comment on that is that Valley View Drive,that's county property,and they don't require permits for that one.So,I'm not sure if they're in compliance with their code or if they I don't believe they permit for those.Ms.Adkins asked so off Road 68 here,this is all county? Andrew Hattori statedjust that Valley View West side area.Ms.Adkins asked okay,so everything on this side is city,correct?Mr.Hattori stated yes. Ms.Adkins continuedokay.And what about having a 6ft.fence behind a school without sidewalks, no sidewalks,but it backs onto the school so their backyard would be facing the school area.For example,this one's on Bayberry Drive right behind it is Ruth Livingston.They also have a 6ft. Planning CommissionMeeting Minutes Page 8 of 16 December 16,2021 Page 145 of 208 block fence and the same thing with this house off Bayberry as well.These are new neighborhoods. They also have a 6ft.there with an ease going behind their house to a house,just like in our situation.Andrew Hattori stated right,do you have an overview photo by chance?Ms.Adkins said the overview photo is just like our,because it’s new.Andrew Hattori continuedI believe,and maybe Rick,I know there was a variance for a fence,and I think it was the comer lot on Bayberry, where in the instance,that because the school is there and because of the way the schoolis permitted,they're allowedto have a 6ft.fence if they wanted to out to that distance,they were able to obtain through the hearing examinervariance.I'd have to check our recordsjust to verify.But under that variance standard,typically,dwellings that back up onto the school are allowedto extend their fence out to that property line. Rick White stated and that is exactly what happened.The hearing examinerfound that there were special,unique circumstances not sharedby other propertiesin this vicinity and did in fact,issue a variance for that fence.Ms.Adkins asked now,is it just for one or both because they're both on comer lots?Rick White stated I just rememberone property. Ms.Adkins stated,and I don't know this might be county as well,because this is right down the street from McGill’s.So,this is on Road 68.This is a 6ft.block fence,and then they're facing the opposite direction again.Andrew Hattori stated I apologize.Without the overlay and showing the city and county bounds,it's hard for me to comment on that.CommissionerBowers asked that's on the east side of the street?Ms.Adkins the street is where the ?'uit stand would be a little further down in the summertimeoff Road 68.Rick White stated I'm still a little puzzled,but if I'm not mistaken,I think that is still in FranklinCounty.I really can't put a finger on the location right from that slide anyway.CommissionerCochran added but it's also set pretty far back,even though it's a 6ft.fence,it's pretty far back from the road.Ms.Adkins stated it's about ten.So,our option for going back to lockdown is switching going because we have a 15ft.set back in the back of our lot. We would have to change the front part of our lot to have it jig back into our property line.An extra 5ft.to have a 6ft.fence.Is that what one of the options would be for us. Andrew Hattori commentedyes if I'm understanding correctly.Yes,you would have the ability to just move the fence back at 15ft,and then you could go up to greater than three and a half feet. Essentially,1just want to make sure I'm answering correctly.Is that the question?Ms.Adkins stated well,I'm trying to ?nd out what our options would be.Could we apply for a variance for that extra 5ft?Since we have the 15ft.in the back?What are our options at this point?Andrew Hattori stated you can apply for a variance.And if you'd like,I can get you that application,and it kind of goes over the exact points that need to be met to obtain a variance.Ultimately,that decision will be made by the hearing examiner.So,I can't say whether or not the variance would be approvedor denied.Ms.Adkins commentedokay because we didn't have that option.They said that we couldn't apply for a variance before,so we do have that option to apply.Andrew Hattori answered yes.You always have the option to apply for the variance.We just can't guarantee it meets the requirements to obtain it.Ms.Adkins stated okay.All right.Thank you. CommissionerBowers stated thank you Ms.Adkins.All right,are there any other speakers? My name is Maria Sandoval,and we are lot G.I'm not very good with math,right?I would just recap everything that my neighbor here,Ashley said we're pretty much in the same situation.We have this three-and—a-half-footfence on the side of road 56.So that's a lot there.I did not print off my pictures.This is our three-and—a-half-footfence.As we shared last time.It's not obstructing, Planning CommissionMeeting Minutes Page 9 of 16 December 16,2021 Page 146 of 208 necessarily.I know there was talk about maybe having a drone out there,look at different views of it and see if it would really obstruct.I heard somebody say something about a simulationif it were actually the 6ft.So we're not asking to push our fence further onto the property line.What we were just asking is the same thing as our neighbor,Ashley,is to extendit to the 6ft.And so,everything she said,pretty muchwe share the same sentiment.That's what we've been requesting. CommissionerBowers stated,and just to ask Ms.Sandoval,the top part of the picture,what street is that down here?Ms.Sandovalstated yes.There we go,now it looks like the diagram.And so, this is our site and then our neighbor in the front who couldn'tbe here.F. CommissionerCochran statedit seems like you have the same option as your neighbor.If we were to go with something like option two or three,it actually gives you a choice that you don't have now,which is to move the fence back and then get 6ft.The tradeoff1S you have to lose a little bit of your property,right.But that is a tradeoff.If the Privacy is the important piece,the thing we're proposingin option two or three in particulardoes give you more ?exibility than you would have without it.Ms.Sandovalstated the only other piece with it is that by doing that,it would go through our septic.I stated earlier that is a unique development.It's not necessarily all the other good stuff.It has septic system by moving it,and even it would go right through it.So if we're also allowedto do the variance,we would state that in there,that would be the why of not wanting to move any further over if safety is still doable with how it is now.Thank you. CommissionerBowers statedgreat,thank you Ms.Sandoval.So,Andrew,there is no option that currently would allow her to get them to go up to 6ft.Andrew Hattori stated not at the current location of the three and a half foot fencing on all the lots that we've discussedD,E,F and G,they would all have to be brought back under option two and three 5ft.before they can extendto that height.CommissionerBowers stated okay.I just think that's important to clarify,because as we're thinking about these three options,realizing this situation,even though it sounds like it's pretty horrendousfor these homeowners it wouldn't impact these three choices that we're thinking about right now.Andrew Hattori stated correct.These options they standardizethe locations,but option two and three would be certainly the most bene?cialoption for all of these lots.It's going to give that extra 10ft.of space as option one would essentially mirror the current code's applicabilityto these lots. Ms.Adkins added I'm sorry,I just wanted to add one more thing.On all of our lots all of our sceptics are located on the roadside,so the 15-foot going in,it would go off all of our lines so we wouldn't be allowedto put in the fence.Andrew Hattori answeredthat's correct.Specificallyfor block fencing.Rick White commentedyeah,I'm not so sure that that's true.I would caution that we would de?nitely need to check with the health districtbecause a block fence most certainly would not be permittedon top of the drain field.A wood fence I'm not so sure about.Andrew Hattori commentedyeah,I checkedwith our building Department as well,and they said that it's likely they would also have to check with the health Department.But wood and vinyl are typically possibilities.That's where the question of material comes in.Additionally,this isn't so much a Privacy fence,but on these larger lots,we do have an allowance that at these locations,the fences currently are at 3 ft.If you wanted to increase the height to 5ft,you could make it out of block and Rod iron and have it be 85%transparent.Again,that's not necessarily a Privacy fence,but is an option for larger lots. CommissionerBowers stated thank you for that.Okay.I opened the public hearing.I'm calling for Planning CommissionMeeting Minutes Page 10 of 16 December 16,2021 Page 147 of 208 public comments going,going,gone.Okay,let's see what our options are now.So ultimately, Andrew,do you want us to vote on one option?Andrew Hattori answeredso in the staff report,I left language on two possibilities.One,if you wanted to have us bring back more information,we would be asking for just a directionthat you would like us to go into in case there was the determinationthat there's a suitable option.I le?some verbiage in there that would ?t that,of course,because there's three options I don't have a draft ordinance,and if you'd like to see that,I can also come back to next month's meeting with the draft ordinance.CommissionerBowers stated okay,so commissioners,do we need to have any more discussion? CommissionerJ.Campos stated I would like to deliberate a little bit between us before we go for sure.Reiterate cause of the conversationwe had in the public hearing it de?nitely sounds like the homeowners have the option to essentially A,do nothing leave their fence as is or B,apply for a specialpermit request to maybe leave their fence where it is or comply with whatever we choose to do.And this kind of goes in with what Mr.Hattori said is that this is a really speci?c development, and I think it's important to considerwhat the public has said,but we're making decisionbased on the entirety of Pasco,not just this development alone.That is my initial comment. CommissionerBowers stated thanks,J.Campos.I have to say I think they're all good options.I actually like two better,because I feel like that's a good balance between one and three. CommissionerCochran stated maybe the question is,do the commissionerspresent feel con?dent in going with one option,or do we want to see the code amendmentsor more deliberation?I guess that's really the core question,because if all the commissionersfeel con?dent that they like one of the options,then we could move forward with a recommendationto Council.But if they don't. Then we should deliberate more. Rick White stated or we can come back with an ordinance.And my guess is that wins out options two and three,unless I hear differently.But it doesn't sound like option one is getting much favor. CommissionerBowers stated yes,unless there are any commissionerswho feel differently,why don't we put this on hold and you will come back to us with that language for options two and three.Great.And I would just ask if it's at all possible to show us not just the overheadview,but even if it's a picture of what two and three would look like from forward facing or side facing,I would appreciate that.Andrew Hattori stated yeah absolutely. CommissionerJ.Campos if the public is interestedin providing more comments.I'd actually ask them to try to submit them to the city prior to so we can get all of their stuff put into the package. It's a lot easier for us to review,as opposedto looking at it on the overhead. WORKSHOP A.CODE AMMENDMENT-PLANNEDUNITDEVELOPMENTSMF#CA2021-011 Jacob Gonzalez stated good evening Members of the Planning Commission.You may recall that staff presenteda proposalto revise the recently revised Plan Unit Development Regulations.You may recall actually a lot on this Planning Commission.Most of 201 9 we moved forward with an amendmentto the Plan Unit Development regulations.PUDs in general,are intendedto provide opportunitiesfor innovative and creative with quite a bit of ?exibility in land development,to encourage the use of new techniques,resulting in more creative approachto developing lands here Planning Commission Meeting Minutes Page I l of 16 December 16,2021 Page 148 of 208 in the City of Pasco.And in that 2019 effort,the primary focus was on reducingthe minimum site area.The prior minimum site,I believe,was 20 acres.We've reducedthat signi?cantlyto allow for more in?ll opportunities. You'll see that in the third bullet point reducedopen space requirements and also again,the opportunityfor more in?ll and increaseddensities.And so our effort this time is based on two, actually,they're in the applicationreview period,but in this period we've receivedsome feedback from both homebuildersand also discussionswith staff on some additionalre?nements to make. So,with that,the proposalrevisions in this effort are to streamlinethe applicationsubmittaland review process at clarity for the development standardsand added ?exibility for the development itself.And so,we've identi?eda few and this looks a lot smaller than I hope for.But I'll read through these.So,staff has created a few preliminaryproposedrevisions that we would like to garner some initial feedbackfrom the Planning Commissionon.And I'll just go through these one by one.And the ?rst is relatively simple.It's with regards to permitteduses.Currently,the PMC only restricts the combinationof residentialand industriallands.This proposalwould do that. However,we want to add additionalcriteria for the combinationof both residentialand commercial lands and also combinationsof residentialand open space or nationalareas.And you'll see that later on in the proposalrevisions how that may ?t in.So,this technically not changing how it applies,but does add some clarity for those applicants.On the minimum site area.The only change would be that the site be continuous and identi?edwithin the phasing. So again,a lot of the theme from this effort is re?nement and clarity and on the relationship to adjacent areas currently in that subsectionof the code.There's a lot of language with regards to connectivity access,multimodalconnectivity,etc.We would like to keep that language,but de?ne, I'm sorry,create a new subsectionfor transportation and circulationthat addresses all travel modes speci?cally with regards to non motorizedand emergency access.On the next slide with regards to density,our comprehensiveplan was adopted not too long ago,and so the current PUD regulations do not align with our new comprehensiveplan.So we intend on ?xing that.And then along with that,making sure that the densities are compliant with our comprehensiveplan. We would also like to use this as an opportunityto sort of pilot some additional?exibility on the density bonus.So currently the PMC allows for a 20%added density for PUDs that meet the spirit of the code.However,we don't de?ne the spirit of the code,and so we would like to use this again as an opportunity to de?ne speci?cally what that could be.And so after some research across multiple jurisdictions on what they would perceive as not only spirit of the PUD but what they use generally for density bonuses,a few examples could be dedicatedaffordablehousing.Now that would be de?ned by the Department of Housing and Urban Development,so it's based on the area median income.Green or lead certi?ed building so that's more of the sustainabledevelopment types.And one that we've been trying to work on throughout most of our subdivision code and you may recall this from the lot size averaging amendment,which is proximity to transit,schools, parks,the general public land uses that folks in general would need access to. So,the idea is to allow for that 20%or a different thresholdif deemed appropriateby the planning commissionto be appliedfor those subdivisions,I'm sorry,these proposedPUDs.If they fall within these categories or others if the planning commissionhas any suggestions again,that is just a density bonus.It's not a requirement or does have a maximum,but it's certainly not a requirement Planning CommissionMeeting Minutes Page 12 of 16 December 16,2021 Page 149 of 208 and up to the proposedapplicant to take advantage or not that opportunity.Again,on lot coverage the PUDs already allow most ?exibility to all of our zoning geometry standardswith regards to a lot.The PUD regulations they require the establishmentof what the lot coverages are.But we don't de?ne what the minimum and maximums are.So similar to what we've done with other codes we'd like to add that clarity,but also use what was done in the Waterfront Development District,which was have the lock coverage determinedby the parking and setbacks. On the next slide off street parking.The proposalfor this would be to add criteria for off street parking requirements for reductionsof off-street parking requirements.Excessiveparking can sometimesor adds to the cost of the housing itself.It also begins to help with our comprehensive plan implementationby aligning our parking standardswith neighborhoodcharacteristicsand surrounding uses.And so similar to the density bonus,we're certainly interestedin hearing from the Planning Commissionabout reducing,and again,this is only an option for those developments that are senior housing,mixed use projects and or projects that have close proximityto transit and or public land uses.And again,the idea is to begin to dedicate more land to housing versus maybe excessive parking.Again,it is again,an option,not a requirement. And also on the guest parking this one is relatively simple.It would be to remove the maximum guest parking requirement.Our initial intent was to not overburdena particularapplicationwith too much requirements for max,I'm sorry for guest parking,but we've gotten feedbackfrom those that are trying to use the PUD,and this actually has been a little bit challenging for them.So our idea is to simply eliminate the max parking requirement,guest parking requirement,and then add criteria for guest parking on the minimum side when it's not providedwith the use of a private street because our private streets in the PUD code don't require off street parking,so it kind of balances that out. So in the next slide,we go into private streets.And again,additionalclarity with regards to the cross sections right now in the regulations.It's a lengthy paragraph,we would like to simplify that. And then we would also like to again utilize street connecting,you may recall this in the street connectivity effort,which is still ongoing,a maximum length without a brake.So I think in the staff report there's an example of 600ft.and that could be broken by either additionalpark space, obviously a dwelling unit or a parking space,but some kind of break because with the setbacksand heights being allowedto either increase or decrease,but we certainly want to avoid narrow kind of canyon like developments.And so the idea of these brakes is not only increase the circulation access,but certainly will add or decrease the feeling of being in a canyon,if that makes sense. And this is a pretty big one on the amenitiesand open space.We would like to add some basic standardsand de?nitions on the criteria for qualifying open space areas to pull the purpose of the PUD itself.So this we would like to create a new subsectionand create standardson the size and location.An example I saw in one municipality was that 50%of the open space must be contiguous with no portion less than 75ft.wide.And what that does is it ensures that we don't have little pocket green areas that technically are green or open space,but not necessarily usable.And with all of the reduced requirements and added ?exibility,we don't want to have the PUD turn out to be a sort of a,I guess,deviating too much from the spirit of not only the PUD code,but certainly our general subdivisionguidelines.So it's to add some basic standardson that. You'll also see something that we're interestedin hearing from the Planning Commission,which is Planning CommissionMeeting Minutes Page 13 of 16 December 16,2021 Page 150 of 208 in a PUD,technically,most of the open spaces dedicatedand maintainedby the tenants or the owners of the project.We are interestedin hearing some feedbackwhere if there is a dedicationto the public of that green and open space,that there may be an opportunityfor either reducedor mitigation of park impact fees,which would reduce the cost of each permit as well.So very preliminary,but certainly interestedin hearing your comments on that. And then the last one and one that we're certainly interestedin from a staff side is just streamlining the review and approval process.Right now the rate the code is written,and this wasn't touchedin 2019,is rather lengthy and a lot of duplicate language in this portion of the code,and we would like to streamlinethat process simply so it would take a lot of text and essentially bullet pointedso that the applicant knows exactly what they have to apply with.For example,TIA and kind of the traf?c impact analysis knowledge your upfront informationwhen you apply for a PUD,but also what the review process is like internally for staff and also in the public hearing process for PUD. And on the next slide,just kind of as an example of a variety of actually,these are from a PUD that I actually visited recently in Atlanta,Georgia,so long ways from here,but really innovative designs out there.It's a 40 or 60 acre site,and they've got both.This is a mixed use PUD,which is what we would like to also emphasize as well.But you have a variety of detachedattachedhousing, homeowner housing,rental housing,condo,town home,cottage style,kind of the whole gauntlet, really,but some really great public open space,in fact,that's the part of an amphitheaterin the bottom left,a lot of green space,circulationpatterns and pathways.And I think we would be able to achieve that,at least in theory,in the code,by adding some clear standardsfor what that would mean. On the next slide just some next steps for staff and also from the Planning Commission,which is our intent today is to gather some feedbackfrom the Planning Commission.And then for the January Planning Commissionmeeting,we would prepare a notice for a public hearing.We would distribute our proposedrevisions to the public and to stakeholdersand begin preparing the preparationof the State EnvironmentalPolicy Act Checklist the SEPA,and then again,following feedbackat that public hearing,come back to the February Planning Commissionmeeting,either with a public hearing and recommendationor simply just a public hearing to be continued.So,with that this concludesthis presentationand certainly happy to answer any questions from ?nding Commission. CommissionerBowers stated so commissioners,any comments,feedbackwe'd like to provide?So just a couple of questions.So,you were saying part of this is we're trying to cut the acreage so that we can have more opportunitiesfor these sort of PUDs with in?ll?Jacob Gonzalez stated that actually was already completed. CommissionerCochran stated I just had a more educationalquestion for me.I saw the language you were talking about in the density portion,clarifying minimum maximum densities are de?ned by gross density.1 don't know what you mean by gross density and how that's calculated.Jacob Gonzalez answeredthe gross density would refer to the total area.So,it's a little bit simpler in terms of calculating when you look at the net density,it's the right of way,potentiallypark or space that's not usable by the development itself.CommissionerCochran continuedthe net is when you subtract all the things they can't do.That makes sense.And then the other comment I love is the amenitiesand open space.1 love the idea of providing an incentive that will reduce your permit fee if you dedicate open space to public.My feedback is that's a great thing to always create public Planning CommissionMeeting Minutes Page l4 of I6 December 16,2021 Page 151 of 208 developer incentives for public bene?t. CommissionerBowers stated Commissioners?Well,I can also say I love the idea of reducing the canyons.And I noticedthe part about the private streets.1just know how problematicthose private streets have endedup being when it comes to snow and maintenance and turning aroundin there. So,I think whatever we can if we have to have them,whatever we can do to try and make sure they can navigate is really important. Jacob Gonzalezstated yes,and right now,private streets are only permittedin PUDs,and that's because the only place they have standardsare in the PUD regulations.Those were added in the 2019 effort.Now,I do know that staff,in general,through the effort on the transportationsystem master plan,has been looking at potentiallydifferent cross sections for local access roads.And I have seen some PUD regulations not too far from here,actually,in the Whatcom County area with much smaller footprint for the cross sections that are public streets but are smallerin terms of the right of way it takes.And one of the bene?ts right now that I think some of the applicants view in the private streets is that it's less space dedicatedfor right away or street and more for the actual development.So,staff can certainly maybe take a stab at looking at coming up with appropriate smaller cross sections for public streets.Currently,private streets are only permittedwhen you cannot achieve the minimum density of a PUD.And although it is expressedin the code,but maybe not as clear as it shouldbe,PUDs cannot prohibitthe extensionof any public roadway. So,if the street is already to your east or ready to the north,that street shall be expectedto continue in that direction.And if you can meet the minimum density with your public streets,and that shall be the expectation.So that's again,more on the refinement and clarity side.But we can also look at different cross sections for public street,but we'll check obviously with our engineering staff to make sure that that would be appropriateand also our Fire Department. CommissionerBowers stated right.And with the required off street parking,I guess it'll be off street parking rather than guest parking,but I just would want to make sure we avoid what we're finding in centralPasco where we don't necessarily have enough parking depending on what the density is within a house.Commissioners,any other comments? CommissionerLehrman stated to add on to what you're talking about,chair Bowers.Also, communitieschange of who lives in the plannedhouses of the past.At one point in time,maybe a large group is using the transit system,and so the parking is not such an issue.Then maybe later on, we have changes in our transit system or just new people move in.And it's not desired for them to use the transit system.And now in a situation where it's not enough parking.So I kind of hesitate about moving to one guest parking for every six homeowners situation. Jacob Gonzalez stated yeah,on that comment Commissioner,that was the one for six with regards to guest parking,not the requiredoff street parking.So on that one,it's removing the maximum guest parking.What happenedwas we had a proposedapplicationthat exceededthat.Now we've allowedit.But we want to remove that constrainton a proposedapplicationbecause the applicant and the developer will know more about their intended use,then we might try to portray in the code's ideas to increase ?exibility for the applicant and the development itself rather than us prescribingperhaps arbitrary number around it. Planning CommissionMeeting Minutes Page 15 of 16 December 16,2021 Page 152 of 208 B.MEMO-ANNUALCOMPREHENSIVEPLAN AMMENDMENTS Jacob Gonzalez stated good evening again,membersof the Planning Commission.This is just a memorandumto the Planning Commissionannouncing that the city did open up our applications for ComprehensivePlan Amendmentsfor 2022.That we are permittedonce per year by the State GrowthManagement Act to change the comprehensiveplan and the city has an established process that allows for that to occur.There are two components,and this was a recent adoption by the Planning CommissionCouncilin 2021.The two components are number one is the establishmentof the applications.So applicationsare due in May.And then we take these applicationsto the Planning Commissionto recommendestablishedof these are the applications for amendments.It goes to Council,and then it goes back to component number two,which is the actual evaluation.And so there will be a staff review.And then they'll come back for a public hearing at the Planning Commission,a recommendationon each applicationitself.Keep in mind that these are to happen concurrently,so what happens across the street will impact you,what happens across the neighborhoodmay impact you,that will come into play.Then a ?nal decision by the Pasco City Council. So the next slide,just a timeline of what this looks like.So we opened up the applicationperiod on December 1.Applicationis due in May and then May and throughout the spring.We take these to the Planning Commissionand Council for the establishmentof the docket.And then the evaluationof the applicationshappens in the summer and fall of 2022.And so we just wanted to providethis to the Planning Commission.We do expect a lot of applicationsto come in,not only from both the private side,but certainly from the city as we look to sponsor a few applications ourselves with regards to the Housing Action Plan that is underway,the Downtown Pasco Master Plan,the Broadmoor Master Plan and EnvironmentalImpact Statement.And we're also looking at re?ning some nuances within our zoning and land use that exist in central Pasco and in some of our other corridorsas well to fix.So we're looking at this opportunityto announcethat this is occurring and that will likely have a fairly active amendmentapplicationprocess within the next coming months. OTHER BUSINESS Meeting adjournedat 7:50 pm. Ca en Patrick,AdministrativeAssistant 11 Community &EconomicDevelopment Department Planning CommissionMeeting Minutes Page 16 of 16 December 16,2021 Page 153 of 208 PLANNING COMMISSION MEETING MINUTES City Hall -Council Chambers D 525 North Third Avenue Pasco,Washington THURSDAY,JANUARY 20,2021 6:30 PM CALL TO ORDER City of Pasco Planning Commission meeting was called to order at 6:30 p.m.,by Chair Jerry Cochran. ROLL CALL Commissioners Present:Jerry Cochran,Jay Hendler,Telephone:Rachel Teel,Kim Lehrman,Isaac Myhrum,Paul Mendez,Abel Campos and a quorum was declared. Commissioners Absent:Tanya Bowers Staff Present:Community &Economic Development Director Rick White,Senior Planner Jacob Gonzalez,Administrative Assistant II Carmen Patrick,and Planner I Andrew Hattori. PLEDGE OF ALLEGIANCE Commissioner Jerry Cochran led the Pledge of Allegiance. WELCOME AND ANNOUNCEMENTS Chair Cochran explained the Planning Commission is an advisory board made up of volunteers appointed by City Council. He further explained the purpose of the Planning Commission was to provide recommendations to City Council regarding changes to the City’s Comprehensive Plan,Land Use Updates,Block Grant Allocations and Zoning Code.The Planning Commission is tasked with considering the long-term growth and development of the community,the impact of land use decisions on community, livability,economic opportunity,housing affordability,public services and the environment. Chair Cochran reminded the audience tonight’s proceedings were being broadcast live on City of Pasco’s Facebook page and on Charter Cable PSC Channel 191 and will be rebroadcast several times during the next month. He stated the meeting was also being recorded and could be watched on City of Pasco’s website, which is Pasco—wa.gov.Click on the VIDEO ON DEMAND link and make your selection there. Chair Cochran stated copies of the meeting agenda were available on the back table. He then asked that everyone silence cell phones to prevent interruptions during the meeting. For those present this evening,when you are given the opportunity to address the Commission, please come to the podium,speak clearly into the microphone and state your name and city of address for the record. Chair Cochran reminded the audience and the Planning Commission that Washington State law requires public meetings like the one being held this evening not only be fair,but also appear to be fair.In addition,Washington State Law prohibits Planning Commission members from participating in discussions or decisions in which the member may have a direct interest or may be either bene?ted or harmed by the Planning Commission’s decision.An objection to any Planning Commission member hearing any matter on tonight’s agenda needs to be aired at this time or it will be waived. Planning Commission Meeting Minutes Page 1 of 18 January 20,2022 Page 154 of 208 He asked if there were any Planning Commission members who have a declaration at this time regarding any of the items on the agenda. Commissioner Mendez stated he has a declaration regarding item six on the agenda,and that he owns property in the unincorporated island within the City of Pasco. Chair Cochran asked if anyone in the audience objected to any Planning Commission member hearing any of the items on the agenda.Hearing none,let the record show there were no declarations on this side. Chair Cochran stated the Planning Commission needed and valued public input explaining it helped the Commission understand the issues more clearly and allowed for better recommendations to City Council.Furthermore,in many cases,this could be the only forum for the public to get facts and opinions placed into the official record and City Council will use to make the Commission’s decision.He encouraged those present to take full advantage of this opportunity. APPROVAL OF MINUTES °3°Commissioner Isaac Myhrum moved to approve the Planning Commission meeting Minutes ofDecember 16,2021.Commissioner Hendler seconded,and the motion carried. OLD BUSINESS A.Memo-Utilities in UGA Rick White stated this item has been before the Commission before,and it asks the Commission for their input on a policy relating to providing City utilities within our urban growth area (UGA).I think the Commission recognizes the perspective provided in the last two or three meetings that you've had.Essentially,the Pasco UGA has three very different scenarios in terms of development and existing development and potential development. The ?rst would be the Riverview area,which is generally located south of Interstate 182.That's mainly been developed in the county,and it contains a number of challenges related to providing utility services,connectivity with City streets,and a whole host of urban considerations.The second scenario involves the 2008 UGA,which I provided a map that you can tell the difference within terms of colors.There's not much undeveloped land in the old 2008 UGA,with the exception of the Hoorigan Farm property,which is located south of Burns Road and almost to the Columbia River.You can see that on the map as well.And then the third scenario is the recently adopted UGA,which is basically completely void of development considerations.It's almost all farmland right now. Staff has prepared three different scenarios for dealing with the three different situations for the Pasco urban area,the area south of 182 and the Riverview area.Mr.Chair,in this area staff would propose that city water be provided in conjunction with building permits on existing single family lots.It's the light green area on the map.There are a number of existing lots in that area.Candidly, this green area is probably going to be underutilizedin terms of development for many years.But the intent is not to deprive people that own existing lots.The ability to get City water,assuming Planning Commission Meeting Minutes Page 2 of 18 January 20,2022 Page 155 of 208 they can,in fact,get City water.Actually,a number of homes in this area use groundwater wells, but we don't want to preclude a building permit holder to utilize City water,assuming that they can get it. However,if there is a subdivision of property within the Riverview area,then staff recommends a policy of extending City sanitary sewer with any extension of City potable water.Then as an ancillary consideration,staff would recommend that obviously,we're going to have to develop a procedure,because in all cases that's not going to be practical,but it's going to be up to a professional to tell us why,and we would develop an administrative procedure for that to occur. The lands within the 2008 UGA,which are represented by the yellowish orange,you can see the Hoorigan Farm area at the very left or west of the map.The area north of that is all developed with roughly half acre or larger lots.Sanderson Estates.I can't remember the names of the subdivisions now,but that's basically built out.And then there are some properties further east that are not likely,again to consider development proposals in any fashion anytime soon. Staff would recommend that properties within these areas be provided,potable water in conjunction with building permits for single family homes on existing lots.However,subdivisions of parcels within this area will require,again,extension of sewer in conjunction with City water. And as a condition of that extension,we would require that City standard streets and sidewalks be achieved in conjunction with the utility extension agreements.Then the easiest one to consider is the new UGA,in the pink.Again,that's a clean slate.We just recommend that annexation,the condition of extension of utilities and that solves the question.Originally,I provided the Commission with the concept that our legal team would be developing a series of code amendments that would make this happen however due to delays,we decided it would be best to develop the policy first and then come back with the code amendments,because they're going to be varied depending on what City Council ultimately chooses again based on the Planning Commission's recommendation.I provided a motion if the Planning Commission is comfortable with that.If not,any discussion of additional information or questions would be certainly well received at this time. Commissioner Cochran asked if there has been a public hearing on this old business,or would that be future? Rick White stated that we have had a public hearing.For a couple of months now,I've proposed this exact same staff report to the Home Builders Association,and I finally discussed it with their director recently.I think the Tri-City Home Builders Association is neutral on this,they recognize the need for a policy because it provides predictability,and they don't really see this adversely impacting their association. Commission Cochran asked so the process now is we would agree or move to the policy things, and then you'd come back with code amendments,and those code amendments would also have a public hearing?Rick White stated that they would.Commissioner Cochran asked the commissioners if there were question or feedback for the staff on this.Then stated,not hearing any,I have a clarification.When you say some of these policy statements,like “City potable water in conjunction with building permits for single family homes”,does that imply that the cost and the burden are on the city,or is it the developer and the homeowner when they ?le a permit to do those?Because all of these have that activity and I just want to know what the assumption is that Planning Commission Meeting Minutes Page 3 of 18 January 20,2022 Page 156 of 208 we're assuming that that's part of the developer expense when they're doing it? Rick White answered,no,that's correct.And stated that's why,if you are familiar with the green Riverview Islands,it's very apparent that whatever water system those properties are using at this time will be there for some while the cost for extending water would be a responsibility of the owner or builder,and the requirements for extension would also be.It may include over sizing but there are some serious development issues in the Riverview area that are going to be very challenging for any future density considerations. Commissioner Cochran stated I'm in the Riverview area,I am not in the Donut,but I have a well. And if my well ever failed,I would expect it would be on me to cover that 500-foot extension,not the City.I think it's also in spirit that the City's invested in this infrastructure and taxpayers have paid for it,so you need to utilize it and cover the cost to get there.So that seems consistent. Rick White went on to say Mr.Chairman,pardon me again,I wanted to also explain that in your situation that there is a tool that the City has in its municipal code that is called the Latecomer Agreement.So,the ability for a water extension or sewer extension to happen on your costs could be contingent upon future property owners connecting to that line that you've extended and for a period of time,then reimburse you for the appropriate and proportional cost that you incurred when you did that extension.And that's a tool that's used by developers all over the place,normally not for just one lot,of course,but for subdivisions in particular.That is for water and sewer and roadways. Commissioner Cochran stated the other thing I noticed is when you do that water sewer extension, in some cases,it also then puts a requirement for proper roads and sidewalks.Is that the case as well,just for the subdivisions,not for the individual?Rick White said it wouldn't be appropriate to piecemeal that for individual lots.That's assuming that the waterline is in the road.So,you would, of course,patch the road to whatever standard is appropriate or applicable.But you would not create a new road segment. Commissioner Myhrum said he had no direct comments to make and stated,I think these guidelines are quite practical,quite responsible,considering the substantial investment that goes into public infrastructure.So,I'm comfortable with these guidelines,and I think they'd be good starting point looking at code sections. Commissioner Teel had a question regarding the potable water lines.How does it work with the irrigation lines and those requirements?Is that looped into the potable water or is that completely separate based on subdivision? Rick White answered yes Commissioner Teel,it is completely separate only in rare circumstances in Riverview is City irrigation even provided.It's mainly wells or the Franklin County Irrigation District and this wouldn't be a consideration for them. Commissioner Teel asked that if someone had a well and it goes bad and they want to hook to the city,they wouldn't have irrigation?Rick White stated in theory they could if the well went bad. There are a number of wells that are only for irrigation.So in theory,if it went bad for potable,it doesn't necessarily mean it's bad for irrigation.So that could happen. Planning Commission Meeting Minutes Page 4 of 18 January 20,2022 Page 157 of 208 Commissioner Campos stated I agree with Commissioner Myhrum.I'm looking at all three.I think the guidance are great.I think they're really speci?c for each three areas.And so I do want to make the motion.1 move the Planning Commission recommend that the Utility Extension policies for the Pasco UGA be contained in the January 12,2022,memoranda to the Planning Commission be adopted by City Council.Commissioner Mendez seconded,the motion passed unanimously. PUBLIC HEARINGS A.Code Amendment-Corner Lot Fencing Andrew Hattori stated good evening members of the Planning Commission I am here tonight to discuss comer lot fencing and to formally propose Option 2 from the December 16,2021 Planning Commission meeting and the amendment to the residential design standards from the November Planning Commission meeting.Before going into detail on those,I'll give a quick background on the current corner lot fencing design standards.As it currently stands,the maximum height of fencing in all front yard areas is three and a half feet.The maximum height of fencing and ?anking front yard area varies between the lot design.So,if you have two comer lots that form the entire frontage between two parallel or nearly parallel streets and neither home accesses the shared street, fences can be 6ft tall out to the property line.If there's any other condition,or if one of the properties accesses that shared street,then fences taller than three and a half feet must be set back to the building line of the neighboring property.The maximum high defensing in rear or side yards is 6ft as well. To give some details and diagrams on this,this is a condition where both houses form the entire frontage between two streets and neither house accesses that shared street.So,6ft fencing would be allowed all the way out to the property line or anywhere within that green area shown at the top of the diagram.And this is a real-world example of that.You'll notice in the left image that that fence extends out to the sidewalk where the property line is located,and that neither house accesses the shared street and that they form the entire frontage between two streets as well.The other condition in this diagram you'll see that the house on the right accesses the shared street.So, fencing for the house on the left actually has to be set back a distance equal to the building line of the house on the right if the fence is to be greater than three and a half feet.And to give a real- world example of that,you'll notice that on the image on the left,that fence does not extend out to the property line and is set back to the building line of the neighbor behind them. So,I'll start off with a refresher on the proposed amendment to the residential design standards.It was a large point on how we mitigate or prevent situations where we create dangerous access points.So,in this case,the development to the north was plotted and built out first,so that house accesses,not the shared street.And if that house was built and a fence was proposed before the house to the south of it was built,they would be allowed to have that fence all the way out to the property line adjacent the side street.And then when the house to the south came in for building permit,there's nothing that would restrict them from having their driveway all the way up against that fence.That's how we end up with driveways that have not safe visibility. So,the proposal for the proposed amendment to the residential design standards would be that if you have two lots,two corner lots that form the entire frontage between two parallel and nearly Planning Commission Meeting Minutes Page 5 of 18 January 20,2022 Page 158 of 208 parallel streets,neither dwelling will have primary access or be addressed off of the shared street. And this would prevent going forward any instance where we could potentially have dangerous access points. This is Option 2 from the December Planning Commission meeting.It's the fence is greater than three and a half feet,must be set back a distance of 15ft from the property line adjacent to the shared ?anking street,so this gets rid of the dependency on your neighbor's building line.It makes it easier to understand and more logical.To give a real-world example,this is an example that I was able to ?nd showing a fence that is set back 15ft right now under current standards is considered nonconforming,but the proposed amendment would have it be conforming.You can kind of see the fence there on the comer of Ruby and Agate.A note that I would say here is that under current fence design standards,that fence must be set back to the building line of the property just to the north.So that fence would essentially need to be set back behind the house. And that doesn't really make a whole lot of sense.And the proposed amendment would not only allow that fence to be in a sensible location but would also provide an additional amount of 6ft tall fencing backyard area.So,if we go to the next slide this kind of shows that that fence does extend beyond the building line of the current fence location,and it is a sensible distance away from the street right of way as well,and we can see a better image of that on the next slide. Looking down the shared street,anybody backing out of that gravel driveway is going to have a good amount of clear view to be able to safely back out of their driveway,not have to worry about oncoming traf?c or pedestrians.And it provides the corner of property a fair amount of backyard space. And with that,those are the two amendments that I'm proposing tonight,the standard 15ft setback and the amendment to the residential design. Commissioner Myhrum stated I just wanted to thank staff for their work on this.There's been a lot of public meetings on this.We have heard from the community about wanting to maintain ?exibility for homeowners that do want taller fences,taller than three and a half feet.I think this provides that ?exibility while putting a premium or I should say,an emphasis on safety.So,thanks for all the work,and I'm supportive of option two as presented. Commissioner Cochran asked any others?Hearing no more questions or comments from the commissioners,this is a public hearing item.If there's anyone here that wishes to speak on this item on the agenda,now is the time we'd ask you to step forward to the microphone and clearly state your name and city of address or anyone on the phone.All right,seeing no public members wishing to provide comment or feedback on this item,I'll open up one last time for Commissioners or any other questions or feedback.And I would also entertain a motion for staff recommendations that's described in your documentation for tonight. This is Commissioner Lehrrnan,I’d like to make a motion.1 moved the Planning Commission recommendto the Pasco City Council the proposed amendments to the residential design standards and the fences,walls and hedges design standards as contained in the January 20,2022,Planning Commission staff report. Commissioner Hendler,I’ll second. Planning Commission Meeting Minutes Page 6 of 18 January 20,2022 Page 159 of 208 Commissioner Cochran said thank you both.That was moved by Commissioner Lehrman and seconded by Commissioner Hendler.Let the record show that the motion passed unanimously.I know staff is relieved to be able to move forward on this has been a long slog.As other commissioners express,thanks for all your work and your willingness to listen to the community, and I think we found a good happy medium that does the best we can. WORKSHOP A.Memo-Update Broadmoor Master Plan and Environmental Impact Statement. Jacob Gonzalez stated good evening,members of the Planning Commission.The presentation this evening will focus on the Broadmoor Master Plan and staff and our consulting efforts to move forward with developing a rather significant and important piece for the City of Pasco and the region.And you can see the outline of the Broadmoor area and context of Pasco and on the bottom right,you can see the context of the Broadmoor area relative to the Tri-Cities area. Here is a high overview of the Master Plan and EIS objectives.Some of this will be very similar to the Urban Growth Area Comprehensive Plan EIS in terms of the components of it,but in general, in evaluation and analysis,considering the infrastructure and transportation planning necessary to support the signi?cant growth in the Broadmoor area,the land uses to accommodate the projected growth,the city's ability to invest in the infrastructure utilizing grants and capital funding and predictability on the environmental review and mitigation process.There's some signi?cant critical area within the Broadmoor area.Reduced permitting time for individuals is a benefit as a result of the EIS and also the plan to growth with potential higher property values as expected as an outcome,and in general,the plan growth to align with the comprehensive plan that was recently adopted by the Planning Commission and Council not too long ago. An overview on the comprehensive planning goals for Broadmoor.Accommodate future growth at higher densities with mixed use strategies,infrastructure capacity support future growth including housing,retail,employment and recreational opportunities,and strategic alignment of public investments both current and planned to support economic development in the Broadmoor area and their region.Below,a snippet from the Comprehensive Plan speci?c land use goals to accommodate a broad range of residential land uses and to provide and put the community in position to support economic development. This is a summary of our process to date.In the early summer of 2021,staff reissued a SEPA determination,environmental determination of signi?cance for the Broadmoor Master Plan and EIS.The component of that was the adoption of the Comprehensive Plan.There was a pause in the development of the Broadmoor effort to allow the Comprehensive Plan to move forward,and throughout the couple of years,development in the Broadmoor area actually moved forward prior to the development of this plan.So,a new scoping of the EIS was conducted so that we could develop alternative land uses to address both the Comprehensive Plan and mitigate the existing growth that has occurred in and near the Broadmoor area. This past fall,the city held numerous meetings with property owners,builders,stakeholders,and agencies that would be affected by the Broadmoor area.This included all property ‘owners, Planning Commission Meeting Minutes Page 7 of 18 January 20,2022 Page 160 of 208 including agencies such as Ben Franklin Transit,the Pasco School District,United States Bureau of Reclamation,South Columbia Basin Irrigation District,US Army Corps of Engineers who own signi?cant land along the shoreline,the Washington State Department of Natural Resources and Fish and Wildlife and Transportation,and along with our own Public Facilities District,Public Works and Parks and Recreation staff.Over the past couple of months,staff has been working with our consulting team to develop an alternative land use that could address the comments and input received from all the affected agencies and the property owners within the Broadmoor area.And we're now working on ?nalizing those land uses which will show on the next screen here and moving forward with the plan and the EIS itself. Next you'll see two separate land uses,the alternative one which is no change,this is what was adopted in the Comprehensive Plan.And on the right is Alternative 2,which is a Comprehensive Plan Growth Target and the signi?cance of both is on the left is what was adopted.Unfortunately, growth moved forward before the plan could be completed.There is some nonconformance and underdeveloped densities on the left where there's signi?cant low density development that no longer achieves the densities of the Broadmoor plan or division that has been stated by Council and the public.On the right is our effort to address and mitigate that,on the right,on the next slide, you'll see the breakdown of the land use categories.On the left is Alternative 1,from the Comprehensive Plan,and on the right is the proposed Alternative 2 and you'll see that it's a little bit shorter.We've simpli?ed and removed some of the land uses we thought that would work best to accommodate the property owners,the brokers,developers,etc.Next is how the land uses would be implemented utilizing our existing zoning districts and you'll see a few asterisks for Mixed Use Waterfront,Open Space Zoning District and the Open Space Reserve,those will be zoning districts that need to be created and those will be created within the Master Plan and it's our intent to adopt those when the Master Plan comes to the Planning Commission and eventually to Council for adoption as well.So,the Master Plan will require the creation of new zoning districts. Some of the bene?ts of the proposed Alternative 2 land use is that it simpli?es the land uses.It incorporates the existing and approved residential development.It includes the evaluation of open space and critical areas and addresses and integrates input and feedback from property owners and stakeholders.It also implements the comprehensive growth targets and supports stated Council and Community Division for the Broadmoor area. A few examples ?om our consultant that our consultant has put together a generalized version of the design the development standards that will be included with the Master Plan including pedestrian ?lling outdoor spaces,you can see the relationship to the street so walker friendly,non- motorized friendly and various examples here of sidewalks,extended sidewalks along store fronts, etc. You'll notice that in the Alternative 2 land use that there are a few areas where there's mixed use. The land use is attributed to the Broadmoor area,and it is our intent to have the mixed use have speci?c standards which exhibit activity centers,areas we expect to see a lot of businesses and residential opportunities but certainly with mixes of public spaces to facilitate the quality-of-life environment.So,building placements will be important,identi?cation of central gathering spaces and the necessary requirements to accommodateboth vehicles,sidewalks,the places that general people would want to be at in the Broadmoor area. Planning Commission Meeting Minutes Page 8 of I8 January 20,2022 Page 161 of 208 On the Center,Nodes,and Corridor’s concept this is where this will require changes to our development standards within the zoning code and you'll see buildings placed closer to the comer brought closer to the street to enhance the walkability and the public realm environment within the Broadmoor area.One of the components and visions for the Broadmoor area has been a mix of uses to accommodate the facilitation of housing,retail,commercial,shopping opportunities,recreation, etc.And that can be accomplished both with horizontal mixed use,vertical mixed use within the site,on the site,and this is an example of what that could look like in the Broadmoor area.So variant densities heights will have to be addressed and revised within the speci?c zoning codes applicable to here and just general an opportunity for builders to come in with a lot of creativity or developers that come in with some creativity in a mixed use area propose and construct sites that leave themselves to the bene?t of the Broadmoor area. A few notes about accessibility speci?cally on parking.In the mixed use areas it is the intent to place parking behind the building and that's the prior slide is you have the sidewalk,the street,the sidewalk and then the building,the storefronts versus what you have on the bottom left comer which is an exhibit here in west Cord Street where you've got an arterial with small sidewalk and then a signi?cant distance both in travel and also kind of eyesight to get to the actual storefront.It's our intent to use the Broadmoor area to begin to bring some of these storefronts and these buildings closer to the street again to enhance the built enviromnent aspect within this part of the city. And then lastly,a quick overview of where at in the remaining part of the process.So now through early spring staff will work with our consultant to complete and draft the Environmental Impact Statement.There will be a review conducted internally before a draft EIS is issued in early May, and that will include a public comment period if we do plan on being in front of the Planning Commission numerous times over the remaining part of the winter and spring on the Broadmoor plan.This will include a review of comments received both from agencies,Commission,members of the public and in the summer,address those comments with the ?nal preparation of a Master Plan,which includes the vision,the guidelines,the associated development changes,code amendments,the completion and issuance of the ?nal Environmental Impact Statement,and presentations to both the Planning Commission and City Council this May,June and July. So that concludes a brief update on the Broadmoor Master Plan.We do anticipate our consultant being present for a presentation likely in February,certainly by March,to give a little bit more of a detailed update about the speci?cs of the Master Plan in the EIS process. I do want to note that the City is working diligently speci?cally with regards to both transportation and critical area mitigation.We've had signi?cant conversations and coordination with both the Washington State Department of Fish and Wildlife and also the Washington State Department of Transportation and the Federal Highway Administration with regards to addressing the transportation impacts that are likely to be the result of the development in the Broadmoor area. Most of these were addressed in some form or manner in the Comprehensive Plan,the Transportation System Master Plan that the City is developing and nearing completion is a re?ned version of the Comprehensive Plan Analysis for transportation. The city has entered into an agreement with a consultant to develop a feasibility and analysis on 182 between both 68 and speci?cally on the Broadmoor Boulevard area to again accommodate the growth here.There's a lot of work,a lot of analysis ongoing right now,and that will all be apart and Planning Commission Meeting Minutes Page 9 of l8 January 20,2022 Page 162 of 208 addressed in some form or manner within the Master Plan and certainly the EIS.So with that in this presentation,I'm happy to answer any questions on the Commission.Thank you. Commissioner Hendler stated yes,I have a question.Jacob and Rick,I'm a little confused,so we are still working on developing the Master Plan?The reason I ask is because I hang out a lot daily out at the John L.Scott of?ce,and a couple of the brokers came up to me and said,Jay,what's going on with the Adams property and the Broadmoor Master Plan,and why are we being escorted around the Adams property with brokers from Seattle telling us they're going to start construction by the end of this year?And I didn't have an answer for that.I simply said,hey,they're still working on a Master Plan.I think that's right.I said,I don't understand how they could be selling anything,so I was a little confused by that.And anyway,can you shed a little light on that for me? Is that,in fact,the case?Are they're selling land out there now? Rick White stated,well I don't know that anything is closed,but a portion of the Broadmoor Master Plan area,about 160 acres,is in the city already zoned with C1 zoning,which is the prime retail zoning that's applicable.So there's 160 acres in this area right that's already zoned commercial,and there are utilities available,so there are a number of moving parts,and there's about a dozen balls in the air with all sorts of stuff.There's a proposed wholesaler retailer that you've heard about. There's another developer interested in some kind of food/retail,bigger box kind of operation, along with some satellite retail on the outskirts,which is pretty typical,but those are all pending all of the utility and transportation improvements that Jacob has just described.There's roughly $8 million worth of transportation improvements alone.They're necessary to just accommodatejust the commercialgrowth that we think we know about. Commissioner Hendler stated currently that zoning,and that's probably where all this is taking place,but just curious,wouldn't they be well advised to say,hey,put on the brakes a little bit until this Master Plan is done,so they comply a little bit with what is right on the gateway to the rest? I'm just throwing out some concerns about the process.Having been through this kind of thing before,but maybe saying wait a minute,we got a Master Plan going on,you guys.We're not going to be able to answer any questions until that thing is ?irther developed.Just a thought.Anyway, thank you for the input. Commissioner Myhrum stated sort of along the lines of all the activity that's being consideredin the area.By the time we get to July of this year,through this process,the staff anticipate maybe a need for additional updates or as we move forward,have things become more and more refined and you feel like we've really got our hands around where the plan will be when it's ready to be ?nalized. Jacob Gonzalez stated I think the best way to answer that is there will likely always be room for re?nements to the adopted plan.I would say that the development Alternative 2,part of the reason for some of the significant changes is due to the input and feedback we received directly from the property owners,some of the developers,the realtors,and the brokers.And so that mixed use that you can see that in the light pink,purple color for mixed use is intended to address both a combination of residential and commercial uses,both vertical and horizontal.So,it's a pretty flexible in terms of use.But the development and design standards will be critical.That's what we'll get into the form,the facades,more the built environment,the treatment of the streetscapes,the cross sections,etc.And that are the results and included within the Master Plan.Those I wouldn't Planning Commission Meeting Minutes Page 10 of 18 January 20,2022 Page 163 of 208 believe would need additional updates or else they would deviate from the intended vision that's been presented about the Broadmoor areas of both the public and the Commission and Council. Commissioner Mendez stated it sounds to me like the City,we have been given another opportunity to tweak the Broadmoor Master Plan,and we're coming up with Alternative 2,which will allow us to do that.One of the things that caught my attention was where it says here that it will maximize the growth and density potential of the area.And I guess what I'm asking,does that mean that it will increase residential density and lead to maybe more affordable residential lots? Jacob Gonzalez answered not sure about the affordability or the price point,but one of the intents of Alternative 2 that you see on the screen was that it addresses the existing development that occurred both north of Burns Road and within the Broadmoor area.In the existing and current comprehensive plan future land use map right in the middle you can see maybe 200 or so acres of low density development.In the existing Comprehensive Plan,most of that is a designated of medium density,which is typically 12 or 19 or so unit an acre,but certainly more than two to ?ve, which is what we currently have in place there.So,we've developed the Alternative 2 to incorporate what's going on there and increasing the development potential of their surrounding land uses to again make up for the fact that in a big portion of the Broadmoor area,we will have low density development.So,it likely would yield to additional lots but within the comprehensive time constraints of roughly 7,300 to 8,000 units within a full build out.You're looking at 2040 for the horizon year,but yes,likely the intent is to address and at least make it an option for increased housing options in the Broadmoor area. Commissioner Mendez stated I just wanted to say I think that's a de?nite plus.Affordability is a great concern.I think it's nice to be able to afford a half-acre lot or eight one-acre lot in north for West Pasco.But many of our residents may not be able to afford that.So,whatever we can do to address that would be welcome.Thank you. Commissioner Campos stated I just want to say thank you so much,Mr.Gonzalez and staff for that presentation.I do love Alternative 2,I think the fact that it does accommodate for that denser retail, commercial and residential development is key,and it gives us an option that gives us audible to really change that density for the residential I really love.But I also love the fact that with the street pattern,it's going to give us more ability to have that kind of that well connected portion of it.I think that's going to be very key.I know for being in the 68 area,we are not so much well connected.There's not a lot of outlets,so they have that over there.It's going to be amazing.I really do support Alternative 2 and I really appreciate it. Commissioner Lehrman stated piggybacking on to what Commissioner Campos said about all the designs and positives about it,I really appreciate what the City has put together for us,for sharing out the community and the effort that they're put into trying to make sure to keep the public informed and this very exciting time that we have to plan out the vision of what Pasco looks like. And a lot of the residents are having questions.Thank you for your effort of trying to be able to help answer those questions and being as transparent as possible.I do have a question over there on open spaces along Columbia River right along the bend there.Is that the Army Corps of Engineer land,the wildlife refuge,or is that other kind of park like land use? Jacob Gonzalez answered that is predominantly owned and operated or maintained by the US Planning Commission Meeting Minutes Page I l of 18 January 20,2022 Page 164 of 208 Army Corps of Engineers.Probably the first 200 to 300ft or so along the western side of Shoreline Road between Shoreline and the Columbia River.So,there might not be much we can do there in terms of actual physical structures but is our intent to at least preserve the open space component of it. Commissioner Lehrman asked what is that little section going into all that pink?Rick White answered that's also Army Corps of Engineer land. Commissioner Cochran stated for me I'm with the others.I like our Alternative 2,I think it's simpler and I think it allows more options.I didn't like that Option 1 had no low density,and I think there's a good balance of different types.I think like probably everyone else in Pasco,they're just all bracing for this not being Road 68 part two.I think it's interesting to me,does all the things that are going on with transportation planning,are they staying in sync with this or are they evolving separately?Because Jacob,you said something in December around the transportation plan survey,and I was looking at that and they've already got like the stop lights and improvements for the transportation on Broadmoor planned out.And it seems like that's evolving in a vacuum from this or is there a way to make sure?Because that's my big fear.This is all great,but is it just going to be another Road 68?And I think a lot of citizens are worried about same well. Jacob Gonzalez stated in terms of the transportation development in the Broadmoor area, fortunately,we're working with the same consultant group who is wrapping up our Transportation Master Plan,so they know exactly what it is in terms of the context of we're working with in the Broadmoor area.In fact,yesterday we had a discussion with both our consultants,the Federal Highway Administration,the Washington State Department of Transportation,to talk about further detailed analysis that Council had agreed to back this fall with addressing the specific mitigation necessary with the Broadmoor development. So,the Comprehensive Plan is extremely comprehensive citywide,the Transportation Master Plan, a re?ned version of that.The feasibility analysis that we're working on with our consultant is as probably refined as you can get beyond the project level permitting of a specific project.And that is,again,the geographic scope is at Broadmoor Boulevard area or the Broadmoor Boulevard corridor.And then the EIS will have a lengthy transportation evaluation component of it to address the impacts of both Alternative land Alternative 2,and the necessary mitigation to address that. The Master Plan itself will be the document or the plan that's got all the photos and the concepts, the goals and policies,the division that's been expressed up with Council and the community. But the implementation component of that is where we do our best to ensure that the development patterns and the form that takes place in the Broadmoor area is what we've been sharing with the public.So more walkable,the closer proximity of businesses to residences,the higher densities,the open space,the gathering places,both public and private,more of the public realm.The things that we've been sharing with the public we've designed and hope for kind of brought more to be the development standards and the implementationof those codes will come back to you with those code amendments.That is sort of the black and white portion of it that is often overlooked in some of these bigger plans. Planning Commission Meeting Minutes Page 12 of 18 January 20,2022 Page 165 of 208 B.Memo-Update Downtown Pasco Master Plan Good evening,members of the Planning Commission.Similar to the last one,this is an update on our efforts with our consulting team Framework to develop a plan for downtown Pasco.There's been a lot of work so far to date on the master planning effort,and we'll summarize that progress in this presentation. I wanted to share the approach that our consulting team of the city has taken for the Master Plan. The intent is to do meaningful and equitable public engagement,highlight the local assets, visualize the potential for positive change in downtown Pasco,support for local businesses, integrating arts and culture and testing new ideas and concepts.I think a big one certainly is a plan that is speci?c to Pasco,not a general plan and blanket approach. You will see two maps that illustrate the scoping context of our downtown.On the left you see a zoomed in version of the predominantly the central business district.You can see that outlined in the boundary,and on the right,you can see a broader context of how the downtown ?ts within the general eastern portion of central Pasco. Next there's a bigger context shown here.This is a quick illustration of the downtown within roughly half mile to a mile radius of it.I think this helps us see exactly how downtown integrates with the rest of the community.You can see it shaded in that blue,but those pink areas represent developments,ongoing or planned surroundings.On the south,across the river in Kennewick,the significant investments they're making with their waterfront and Clover Island,the Cable Bridge,a monument for both the Tri-Cities and certainly here in Pasco and on 20"‘and A Street you can see, actually they already used new apartment multifamily.It's been constructed on 20th and A,on the right,further east by Osprey Point,is the Port of Pasco's Waterfront Development District.In Orange are the existing bicycle and planned bicycle routes.And I think this helps provide a bigger context for what downtown Pasco its role within the community.But it would also be important to share that within a half mile or so of the downtown area,there's roughly 9500 residents and almost 8000 jobs employees within half mile or so,the downtown area Pasco.So there's a lot of activity that takes place. Here is the current status of where we're at.We meet weekly with our consulting team.We met with them this morning.We received a presentation from our consulting team today about existing conditions and the market analysis for downtown Pasco that will be prepared,and a draft will be distributed for us tomorrow.There's been some signi?cant public engagement efforts so far.On the bottom of bullet points,there's a rather successful downtown community survey that had over 100 responses and then in mid-December city staff held a downtown Visioning workshop at Salon Santa Cruz.And that'll be the focus of the rest of this presentation,that Visioning workshop. So,we have an evening workshop roughly 4 hours or so at Salon Santa Cruz.We had approximately 20 to 25 community members in attendance,four current and past Council members and 15 or so city staff.A significant presence by city staff from both Planning Division,Code Enforcement,Building Enforcement,and from our executive and Public Works staff,and Parks and Recreations as well.It was exciting because the event because the beginning portion was broadcast live on local AM radio,and many of our local businesses and community members and city staff were interviewed on live AM radio to share about the planning effort going on downtown Pasco. Planning Commission Meeting Minutes Page 13 of 18 January 20,2022 Page 166 of 208 There were some common themes that came out of the workshop.Some of these may be surprising,some may not so much.In general,the comments included more things to do downtown,the activation of the downtown itself with public art,murals,outdoor dining,cultural events,streetscape improvements,both addressing lighting,potential parklets,addressing building facades,parking,homelessness,updates to the City zoning code,support for small businesses, mobility and connectivity,or access,celebration of Pasco's history and heritage,and creating a safe and vibrant downtown. Our consulting team conducted live polling during the event for the public both in person and virtual.This was streamed online through the city's Facebook page.Those who weren't able to attend in person participated virtually.The question here was please list up to three words that describe your vision for downtown Pasco.Vibrant,diverse,culture,historic,entertainment,and active rose to the top.The next question was list three words of what you see as the biggest challenges in downtown Pasco,which were parking and homelessness were at the top,same with art,lighting,garbage,and a few others.These are all being aggregated,and it will be addressed in the Master Plan process. A few photos from the event.There was a lot of activities,boards for community members to post their ideas,share their ideas.Take a look at some of the preliminary maps and analysis that were ready at the time.And on the next slide,a few more,you can see some of the community members who are participating in a successful public engagement event for the city and then the downtown. As far as the timeline,we're roughly a third through the process,that arrows pointing at the ?nal existing conditions report,which we expect to receive tomorrow.The next portion will be the development of the draft downtown plan.Another open house will be held,and then the ?nal downtown plan will be released late this spring.Throughout this will be numerous more updates with both the Planning Commission and Council and then obviously,adoption.This Master Plan and similar to the Broadmoor Plan will likely result in comprehensive plan amendments so that city staff can take the results of these plans and conduct city initiated amendments to the Planning Commissioning Council to change the conference timeline uses. That summarizes the update on the Pasco Downtown Master Plan.Our consulting team will be presenting to City Council on February 14"‘,and any new information that we received between now and then we intend to provide another update to the Planning Commission of February and again in March as well to keep everyone up to date on a pretty signi?cant effort downtown because of the engagement and the input received so far,staff is working with our consultant to identify ways to expand our initial scope.To address in some manner some of the common things that were reoccurring throughout the master plan engagement process.So that ends this presentation. And again,happy to answer or address any questions.Thank you. Commissioner Cochran asked so we're at the blue?You're saying at some point you'll come back to us with another update and even a draft and then ?nally we'll have a public hearing on it.That's kind of the process,good. Jacob Gonzalez answered correct.And certainly,we'll share the existing conditions component of the Master Plan.It's quite valuable to learn about the various components about the downtown. Planning Commission Meeting Minutes Page 14 of 18 January 20,2022 Page 167 of 208 With regards to vacancy rate maybe not being as high as it's perceived,we intend to look at the renewal rate of business licenses and a few other components as well with regards to the demographics and population employment types in and around downtown.One of the themes and components of this Master Plan is rethinking what that boundary of our downtown is.We got a few variations of it.There's the C2 zone and the Central Business District,there's also the Downtown Paci?c Development Authority Boundary as well.And our consultant team is working and listening to members of the public and staff with regards to what they believe is what is downtown to them.Where does it begin?What is sort of that gray blending of boundaries of sorts.And we did hear a potential concept this morning with regards to expanding the boundary,which allows for more ?exibility and development in terms of zoning. It also provides an opportunity to have three potential neighborhoods within the downtown, including kind of the Civic area,which we're at today,the Central Business District,which exists where it does today and also a big component is connecting our downtown to the Columbia River and the Sacajawea Heritage Trail,which will connect to all three points.So that's where the corridor in that context begins to be really important for us. Commissioner Hendler added I'm a big proponent of housing,and I know you guys put a lot of working on this Master Plan.Congratulations.Fine job.But a constructive criticism I'd like to input here is I still don't see enough emphasis on downtown housing and all the downtown plans I worked on over the years,the most successful ones,the ones that stood the test of time,are the ones that incorporated a large component of housing so the downtown area doesn't die at 6:00.I just strongly encourage the team to think about incorporating housing in any way they can, renovate old buildings,whatever it is,because when you got people living downtown,they're going to take care of it.So,I just want to encourage a strong look at incorporating a housing component in the Master Plan. This is Commissioner Campos,I just really appreciate getting the City involved in the engagements.I really appreciate that.That and part of the presentation.I do remember just a question.There was also a survey that was sent out.I think the social media different stuff.Do we also hear from that? Jacob Gonzalez stated yes that survey was closed,I think last Monday.I think there was 110 responses,and that'll be shared.The results of that will be ready,likely by the February Planning Commission meeting. This is Commissioner Lehrman stated thank you very much for all the community engagement.It looks like you guys put in a lot of work,and it's quite extensive.So thanks for inviting in our past for residents to share out their voices and help in?uence our future.The question I have is what different languages were offered out to our residents of Pasco,at these community engagement opportunities? Jacob Gonzalez stated we did have interpretation services at the public engagement event.The survey was offered in both English and Spanish,and we've been making sure that all of our materials are translated as they should to ensure that members of the community have a fair opportunity to at least be aware of what we're working on downtown.The notices were all distributed during our normal distribution partners such as the Herald and the Business Journal,but Planning Commission Meeting Minutes Page 15 of 18 January 20,2022 Page 168 of 208 also some of the local Spanish language newspapers as well. Commissioner Lehrman said I guess I know there are other populations that don't speak English or Spanish,and so I was wondering if there are translation services.I'm not sure if translators were prepared for those other populations,but also when surveys go out,how do we invite in those other diverse voices of our community to be able to positively in?uence our decision making. C.Code Amendment -Residential Design Standards Phase I (MF#CA2022-001) Good evening,members of the Planning Commission,this is an introduction to a staff proposal to update our residential design and development standards in a two-phase process.The purpose of this is,along with some of our previous amendments,is to update our zoning and development standards to increase housing density and ?exibility.This proposal follows the likely completion of our House 1923 amendments,which will be before the City Council on Monday,January 24,for adoption,and it aligns with the Housing Action Plan and coordination with housing stakeholders. In fact,we did receive a proposal from the Home Builders Associated of the Tri-Cities in support and with ideas for this proposal as well. Some of the objectives of Phase 1 is to address essential or critical modi?cations necessary to increase ?exibility in housing design and options.There will be a signi?cant emphasis on multifamily development and design standards.Currently,the past few municipal code does not sufficiently address or accommodate multifamily development standards.Most of our design standards are on single family,so there will be a heavy focus and big update to that portion or the creation of that code.Density with designed so not big boxes everywhere,but certainly wants to make sure things are compatible with what we expect to see here in Pasco.Predictability for developers and those in the application process.So that includes an evaluation of our development review process. Phase 2,we expect to move forward during or soon after the adoption of the Housing Action Plan, which will itself include signi?cant recommendationsto address housing in Pasco with regards to incentives or other options that we can do,including increasing housing options downtown.So some of the preliminary revisions that staff has addressed so far,with both our consultant developing the Housing Action Plan and also with the help of the Home Builders Association, include zoning changes to minimum law sizes,setbacks and frontages,and on the multifamily side, a focus on building forms and placement,facades,circulation both internal and outside of the site for both non-motorizedusers and emergency responders,lighting and signage,open space and common area design and parking. We do have a rather aggressive timeline proposed for these changes because we have the help and support of both our consultant with the action plan and the home builders.Some of these changes may be a little bit easier than prior code changes.For the next month or so,we plan on coming back to Planning Commission with a public hearing with initial code amendmentproposal and then later in the April time frame,public hearings within recommendationif deemed appropriate by the Planning Commission,and then April and perhaps May,public hearings before the City Council with adoption.So,with that,that ends this brief presentation.But again,happy to answer or address any comments or questions from the Planning Commission.Thank you. Planning Commission Meeting Minutes Page 16 of I 8 January 20,2022 Page 169 of 208 Commissioner Hendler stated I have a question,Jacob.Is housing allowed in the C2 zoning?Is it allowed?Jacob Gonzalez answered it is if it's on the second ?oor of a retail.Commissioner Hendler continued,well,that's something that might be considered there in terms of rede?ning the allowable housing component,C2 zoning,I think that would make a big difference.I know it's not part of the deal,but it's something to consider. Commissioner Cochran stated so the next steps,and we can expect maybe some proposed code amendmentsor language or alternatives in the February meeting and then feedback on those and then maybe coming back with the public hearings in April or March and April. OTHER BUSINESS A.Elections-Election of Chair and Vice Chair Commissioner Cochran stated I think we have seven of nine.We have one open position. Commissioner Bowers is not here,and we must replace as the term for chair and vice chair is ending.Commissioner Bowers is the chair,and the vice chair is Joe Campos,who's now a City Council member,so he is no longer a vice chair.And so,we as a Planning Commission body or need to elect our chair and vice chair. One thing we could do is we could defer this to next month when Commissioner Bowers is here or being that we have seven of our eight ?lled positions here,we could vote for it tonight.The problem,if we defer another month,we might be missing somebody other than Commissioner Bowers,so we might potentially always leave someone out.So,I'd love the commissioner’s feedback on how would they like to proceed if there is a strong preference for waiting a month to have Commissioner Bowers present,we can do that,or we can also proceed tonight with elections. The election process is very simple.You can either nominate your peers or yourself and then we vote on it.It's not a complicated procedure.So that's the process we took last time.So,I want to open up for feedback from the commissioners on how you would like to proceed with this This is Commissioner Myhrum,one other idea that's been used in the past successfully is suggesting a slate.So,a chair and vice chair combo,if you think there's a special chemistry between two members of the Commission,feel free to suggest that. Excellent idea,Commissioner Cochran stated,and that sometimes helps expedite things as well. Anybody else have any guidance on how they'd like to proceed.I guess the question I'd ask,is there any objection to proceeding tonight or on the other side of that,isn't everybody speci?cally wants us to wait? I guess I am hearing nothing either way.I guess I would suggest we probably proceed,since I guess my experience,seven of nine is a pretty good turnout for voting.And I think even when we did this last time,when we elected Joe Campos and Commissioner Bowers,we didn't have this many,and so we had to vote with even less numbers.I like the idea that we have seven tonight, even though we will unfortunately be missing Commissioner Bowers.So,with that,I think I would like to go ahead and open up for folks for nominations.Remember,you can nominate yourself or you can nominate one of your peers.And your peers can also decide they don't want to run if you Planning Commission Meeting Minutes Page l7 of 18 January 20,2022 Page 170 of 208 nominate them. Two slates were suggested.Slate l was Commissioner Cochran and Commissioner Mendez.Slate 2 was Commissioner Myhrum and Commissioner Campos. Slate 1 carried the vote by one. Commissioner Cochran stated thank you everybody.I think you made a very easy process that can get complicated,so we'll proceed on that.Unfortunately,we would love to have Commissioner Bowers,but I think this is probably expedient to move forward. This is Commissioner Myhrum also.I just want to congratulate the incoming chair and vice chair. They're going to do a great job and I do look forward to also congratulating chair Bowers who served during much of the pandemic during some very trying times.Virtually and I just want to just congratulate the entire Commission on how well we've stuck together even despite the dif?culties and looking forward to working together.Thanks. Commissioner Cochran stated great comments Commissioner Myhrum and I also want to thank CommissionerBowers for her service and perseverance during the pandemic and look forward for the entire Commission to work with everybody.Any other comments before we adjourn or any other questions or feedback for staff before we adjourn? Hearing none,I say we are adjourned for the evening.Thank you,everybody,for your attendance and see you next month. Meeting adjourned at 8:02 pm. Carmen Patrick,Administrative Assistant II Community &Economic Development Department Planning Commission Meeting Minutes Page 18 of 18 January 20,2022 Page 171 of 208 MEMORANDUM TO PLANNING COMMISSION PLANNING COMMISSION MEETING City Hall – 525 North Third Avenue – Council Chambers DATE: THURSDAY, DECEMBER 16, 2021 6:30 PM 1 TO: Planning Commission FROM: Andrew Hattori, Planner I SUBJECT: Corner Lot Fencing Code Amendment Background Pasco Municipal Code regarding fence location and height stipulates that fencing within front yard areas may not exceed 6’ in height. When the fencing is proposed within the flanking street front yard area on corner lots the following applies: (1) When two contiguous corner lots, or two corner lots separated only by an alley right-of- way, form the entire frontage between parallel or nearly parallel streets, walls and hedges shall be limited to six feet within the front yard adjacent to the side street. See Exhibit A. (2) When then the front door of the adjacent home faces the side street all fences greater than 3.5’ in height must be set back to the building line of the dwelling. See Exhibit B. Only when the specific requirements of situation (1) are met may fences greater than 3.5’ in height be permitted. Currently, lots exist that fall under the requirements of situation 2, causing restriction to how far the 6’ fencing may extend towards the frontage property line. An additional provision is included within the PMC that allows for fencing to be increased in height to 5’ in front yard areas within the R-S-20 and R-S-12 Residential Suburban Districts. This fencing must be constructed of wrought iron with interspersed brick or block columns and the fencing must be, at a minimum, 85% transparent. Analysis & Summary Current fence design standards require setbacks that are determined by a neighboring property’s dwelling rather than a consistent measurement. This can create situations where a fence on a corner lot must be set back significantly further than what would be a safe and uniform distance from a property line. Additionally, properties on a corner lot where the neighboring lot has yet to develop do not have a basis for what the required fence setback may be resulting in unsafe or stringent requirements. At the Planning Commission Meeting on 11/18/2021 the Staff proposed the following two amendments to the code: Page 172 of 208 2 Residential Design Standards When two corner lots form the entire frontage between two parallel, or nearly parallel streets, dwellings shall not be allowed to be addressed or accessed on the shared street. This will remove the possibility of creating unusual lot configurations and accesses. Fences, Walls and Hedges Design Standards When the corner lots do not form the entire frontage between two parallel, or nearly parallel streets, fences greater than 3.5 feet in height shall be setback a distance equal to the front yard setback of the underlying zoning district. This will remove the setback dependency on neighboring dwellings while providing the necessary vision the drivers or pedestrians need on corners and driveways for safe travel. Following discussion of the proposals made by staff it was concluded that further drawings showing how the proposed changes may impact corner lots that do meet the criteria for having fences greater than 3.5’ in height within the flanking front yard. The following Exhibits detail what fencing may look like on the indicated sites: Exhibit C Neighborhood Vicinity Map Exhibit D 5913 W Ruby Street Exhibit E 1517 58th Court Exhibit F 5601 W Ruby Street Exhibit G 5602 W Ruby Street An analysis of the vision impacts for each exhibit was completed as follows: Exhibit D: An access easement for 5809 W Agate Street extends the length of the rear of the property, this easement is the sole access point for the Agate properties. Vision must be considered at this entrance. Exhibit E: The driveway of the property to the east, 5614 W Ruby Street, is situated in the middle of the frontage. A fence extending into the flanking yard would not cause a visual impairment to the neighboring property. However, 5614 W Ruby Street was not developed at the time the fencing was proposed on Exhibit E’s site. It was therefore impossible to tell at the time of fence permitting if a visual impact would occur. Exhibit F: The property to the north, 1704 Road 56, has their driveway access situated to the north. A fence in the flanking front yard would not cause a visual impairment to the neighboring property. Exhibit G: The property to the south, 1502 Road 56, has their driveway access located on the northern portion of their frontage. Their driveway includes an extension that connects to the shared boundary line between Exhibit F. Vision must be considered at this entrance. Previous proposals for a possible code amendment were attempted to align in wording and design to the current regulations, with an increase in tall fencing area. In an effort to create an easy to understand universal code that is not dependent on neighboring properties or home orientation staff analyzed new options. Additionally, visibility is a major consideration when Page 173 of 208 3 looking at fencing height restrictions and locations. The fence code will need to be considered in such a way that under its provisions there is not the possibility of creating unsafe or hazardous conditions. Staff is proposing new options in addition to the proposal from the November 18, 2021 Planning Commission Meeting: Option 1: On lots that are not contiguous and form the entire frontage between two parallel or nearly parallel streets: Fences greater than 6’ in height within flanking front yard areas shall be setback a distance equal to the front yard setback of the underlying zone, with a modification to the residential design standards to prohibit access to the shared street. Exhibit H Option 2: On lots that are not contiguous and form the entire frontage between two parallel or nearly parallel streets: Fences greater than 6’ in height within flanking front yard areas shall be setback a minimum distance of 15’ from the property line. Exhibit I Option 3: On all lots: Fences greater than 6’ in height must be setback 15’ from all property lines adjacent to street right-of-way. Exhibit J An analysis of each option is as follows: Option 1: • Maintains fencing outside of neighboring properties front yards. • Provides the largest area of view for any vehicular or pedestrian traffic adjacent to or on the site. • While typically less restrictive than the current fence design standards, the most restrictive of the three options. Option 2: • Would allow for extensions of fencing greater than 6’ in height into neighboring properties front yard areas. • Provides large areas of clear view for traffic on primary accesses, and sufficient view from side/front yard areas. • Less restrictive than Option 1 and current fence design standards. Would benefit lots with a minimum additional space of between 5’ and 10’ of yard area that may have fences greater than 6’ in height. Option 3: • Would allow for 6’ fences to be located anywhere outside of a space 15’ wide adjacent to street right-of-way. • Provides sufficient view for traffic adjacent to and on site. • Least restrictive option. • Would create an extreme number of nonconforming fences throughout the Pasco residential areas. Page 174 of 208 4 Next Steps and Recommendation Staff is seeking comments and feedback on the proposed options. Should an option be determined as suitable for recommendation, staff seeks a motion for recommendation to Pasco City Council with the following format: Motion: I move the Planning Commission recommend to the Pasco City Council the proposed amendments to the Design Standards under Option _#_ as contained in the December 16, 2021 Planning Commission Report. Page 175 of 208 Page 176 of 208 Page 177 of 208 0 0.04 0.070.02 Miles EXHIBIT C Page 178 of 208 Page 179 of 208 1517 58TH CT B20-0052 SFDU 1/10/2020 Page 180 of 208 5601 W RUBY ST B21-0117 SFDU 1/15/2021 Rev 1 Page 181 of 208 Page 182 of 208 EXHIBIT H Page 183 of 208 EXHIBIT I Page 184 of 208 EXHIBIT J Page 185 of 208 AGENDA REPORT FOR: City Council April 15, 2022 TO: Dave Zabell, City Manager City Council Regular Meeting: 4/18/22 FROM: Zach Ratkai, Director Administrative & Community Services SUBJECT: *Resolution - Supporting Pasco Public Facilities District ballot proposition. PROPOSITION 1 PASCO PUBLIC FACILITIES DISTRICT SALES AND USE TAX FOR AQUATICS FACILITY AND COMPETITION POOL. The Pasco Public Facilities District Board of Directors adopted Resolution No. 2022-02 concerning construction and operation of an Aquatics Facility and Competition Pool. This proposition would authorize the District to impose a sales and use tax increase of 2/10ths of 1% in accordance with RCW 82.14.048, for the purpose of paying the costs associated with financing, equipping, construction, design, refinancing, acquisition, operating, maintaining, remodeling, repairing, and reequipping of an indoor/outdoor aquatic center and competition pool. SHOULD THIS PROPOSITION BE APPROVED? Yes ________ No ________ I. REFERENCE(S): Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. _____, in support of passage of Ballot Proposition No. 1 imposing a 2/10ths of 1% sa les and use tax for the purpose of funding an aquatic center to be constructed, operated and maintained by the Pasco Public Facilities District. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: The Pasco Public Facilities District (PPFD) was initially formed on July 15, 2002, by City Council through Ordinance No. 3558 and was granted all powers provided by the Washington State law pursuant to RCW 35.57.010. Page 186 of 208 The PPFD Board of Directors is authorized pursuant to RCW 35.57.020 and RCW 82.14.048 to submit to the voters of the PPFD a proposition for the increase of the sales and use tax for the purpose of providing funds for the costs associated with the financing, refinancing, design, acquisition, construction, equipping, operating, maintaining, remodeling, repairing, and reequipping of its public facilities. After due consideration and significant research, the PPFD Board determined that it is in the best interest of the PPFD to submit an author izing proposition to the voters to determine if an additional 2/10ths of 1% sales and use tax to design, construct, and operate an indoor/outdoor aquatic facility including a competition pool should be imposed. The PPFD Board placed the issue of whether t here should be an additional 2/10ths of 1% sales and use tax imposed before the PPFD voters through Franklin County Auditor as a proposition (Proposition 1) on the April 26, 2022 special elections ballot. V. DISCUSSION: This resoltuion was prepared at the request of three (3) members of the City Council. This PPFD project is consistent with the City Council's goals and the resolution reflects the Council’s collective support for the PPFD's Proposition No. 1, currently before the PPFD voters for vote on April 26, 2022. Page 187 of 208 Resolution in Support of Ballot Proposition No. 1 - 1 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASCO IN SUPPORT OF PASSAGE OF BALLOT PROPOSITION NO. 1 IMPOSING A 2/10ths OF 1% SALES AND USE TAX FOR THE PURPOSE OF FUNDING AN AQUATIC CENTER TO BE CONSTRUCTED, OPERATED AND MAINTAINED BY THE PASCO PUBLIC FACILITIES DISTRICT. WHEREAS, the Pasco Public Facilities District (PPFD) was duly formed pursuant to Chapter 35.57 of the Revised Code of Washington on July 15, 2002, by the adoption of City of Pasco Ordinance No. 3558, and granted all powers provided by law pursuant to RCW 35.57.010; and WHEREAS, the PPFD is authorized pursuant to RCW 35.57.020 and RCW 82.14.048 to submit to the voters of the District a proposition for the increase of the sales and use tax for the purpose of providing funds for the costs associated with the financing, refinancing, design, acquisition, construction, equipping, operating, maintaining, remodeling, repairing, and reequipping of its public facilities; and WHEREAS, the PPFD Board of Directors on February 15, 2022 passed Resolution No. 2022-02 authorizing PPFD Ballot Proposition No. 1 to be placed on the ballot for the upcoming special election on April 26, 2022; and WHEREAS, the City Council of the City of Pasco in accordance with RCW 42.17A.555, may take action at an open public meeting, to express a collective decisi on, or to actually vote upon a motion, proposal, or resolution in support of, or opposition to, a ballot proposition so long as any required notice of the meeting includes the title and number of the ballot proposition and members of the legislative body, members of the board, council, or commission of the jurisdiction, or members of the public are afforded an approximately equal opportunity for the expression of an opposing view; and WHEREAS, the City of Pasco has noticed this issue on its Agenda including its title and ballot number and has offered an equal opportunity for those opposing the PPFD Ballot Proposition No. 1 to express their view; and WHEREAS, after careful consideration of the impact of the increase tax burden and the benefit the aquatics facility will provide the public, the Council has resolved to formally support the passage of PPFD Ballot Proposition No. 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO as follows: That the City Council of the City of Pasco collectively voices its support for the passage of upcoming PPFD Ballot Proposition No. 1 authorizing the PPFD to impose a 2/10ths of 1% sales Page 188 of 208 Resolution in Support of Ballot Proposition No. 1 - 2 and use tax for the purpose of constructing, operating and maintaining an Aquatics Facility and Competition Pool within the District. PASSED by the City Council of the City of Pasco, Washington, this 18th day of April 2022. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney Page 189 of 208 AGENDA REPORT FOR: City Council April 8, 2022 TO: Dave Zabell, City Manager City Council Regular Meeting: 4/18/22 FROM: Steve Worley, Director Public Works SUBJECT: *Resolution - Project Acceptance for the Road 36 Lift Station Project I. REFERENCE(S): Resolution PowerPoint Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. _______, accepting work performed by POW Contracting under contract for the Road 36 Lift Station project. III. FISCAL IMPACT: See below. IV. HISTORY AND FACTS BRIEF: The project bid was awarded to POW Contracting out of Pasco, WA on November 16, 2020, in the amount of $593,684.81 by Council action. The project is complete and constructed per specifications. Final construction costs were $597,810.04, which included change orders totaling $6,705.56. 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 Page 190 of 208 V. DISCUSSION: Staff recommends the City Council's acceptance of the project's as constructed by the above listed contractor. Page 191 of 208 Resolution – Road 36 Lift Station Project Closeout - 1 RESOLUTION NO. ________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, ACCEPTING WORK PERFORMED BY POW CONTRACTING , UNDER CONTRACT FOR PROJECT NO. 16006, ROAD 36 LIFT STATION PROJECT. WHEREAS, the work performed by POW Contracting, under contract for the Road 36 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 POW Contracting, under contract for the Road 36 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 R esolved, 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 192 of 208 Pasco City Council Regular Meeting April 18, 2022Page 193 of 208 Road 36 Lift Station Before Vicinity MapPage 194 of 208 Road 36 Lift Station Before Page 195 of 208 Road 36 Lift Station In Progress Page 196 of 208 Road 36 Lift Station In Progress Page 197 of 208 Road 36 Lift Station In Progress Page 198 of 208 Road 36 Lift Station In Progress Page 199 of 208 Road 36 Lift Station Completed Page 200 of 208 Road 36 Lift Station Change Order Details Awarded CN Contract: $ 593,684.81 Total CN Contract: $ 597,810.04 Change Order #1: ($7,500.00) •Field changes for install of 8” forcemain, resulting in a credit to the contract amount. Change Order #2: $2,168.90 •Additional trenching, conduit and wire. Change Order #3: $3262.55 •Utility feeders not supplied by PUD, approx. 440’ of 30/0 AWG copper wire Change Order #4: $1,274.11 •Changing out 6” wet well discharge pipe. Total CO cost added to construction: $6,705.56 (incl. tax)Page 201 of 208 Questions?Page 202 of 208 QUALITY OF LIFE Promote a high-quality of life through quality programs, services and appropriate investment and re- investment in community infrastructure by: • Using Community Development Block Grant (CDBG) and other public and private capital to revitalize older neighborhoods and safe routes to essential services. • Continuing efforts toward designing, siting, programming needs, and site selection for a community center and pursuing acquisition of land for future community park. • Developing Phase I of the A Street Sporting Complex and continue efforts to provide additional soccer and sports fields. • Coordinating with the Pasco Public Facilities District to develop a public education campaign, financial analysis and prepare a ballot measure concerning the development of a regional aquatic facility for consideration by the people. • Completing construction of a new animal control facility. • Ongoing efforts to improve efficiency and effectiveness of public resources in the delivery of municipal services, programs, and long-term maintenance and viability of public facilities. • Collaborating with the Inclusion, Diversity and Equity Commission and community leaders to enhance engagement efforts and organizational cultural competency. • Updating design standards for the development of new neighborhoods and re-development to promote greater neighborhood cohesion through design elements, e.g.: walkability, aesthetics, sustainability, and community gathering spaces. • Updating Parks and Facilities Comprehensive Plan to include: public facilities inventory, needs assessment, level of service, and centers evaluation. • Teaming with local and regional partners to develop a Housing Action Plan with a focus on strategies that emphasize affordable housing. FINANCIAL SUSTAINABILITY Enhance the long-term financial viability, value, and service levels of services and programs, including: • Regular evaluation of services and programs to confirm importance to community, adequacy, and cost-benefit. • Continuation of cost of service and recovery targets in evaluating City services. • Ongoing evaluation of costs, processes and performance associated with delivery of City services including customer feedback and satisfaction, staffing, facilities, and partnership opportunities. • Instilling and promoting an organizational culture of customer service across all business lines. • Updating policies relating to urbanization of the unincorporated islands to assure consistency with long-range planning, community safety, and fiscal sustainability. City Council Goals 2020-2021 Page 203 of 208 COMMUNITY SAFETY Preserve past improvements and promote future gains by: • Developing a Comprehensive Police Strategic Master Plan through a transparent process to evaluate future service levels of the department to assure sustainability, public safety, and crime control over the next 5-10 years. • Collaborating with regional and community partners to evaluate and implement strategies to reduce the incidence of homelessness. • Leveraging and expanding partnerships to maintain and enhance behavioral health services to community members in crisis being assisted by police and fire. • Continuing efforts to improve police and community relations. • Working to achieve and maintain target fire response times through operational improvements and long-range strategic planning of facilities and staffing. • Focusing on the long-term goal of sustaining a Washington State Rating Bureau Class 3 community rating. • Leveraging infrastructure database of sidewalks, streetlights and pavement conditions along with evaluating policies and methods to address needs and inequities. COMMUNITY TRANSPORTATION NETWORK Promote a highly-functional multi-modal transportation network through: • Commencement and completion of construction of the Lewis Street Overpass project. • Continued emphasis on improvements in Road 68/I-182/Burden Blvd. corridor to improve operation and safety. • Data-driven pro-active neighborhood traffic calming efforts. • Continued collaboration with Ben Franklin Transit to enhance mobility and access. • Completion of a Transportation System Master Plan and utilization of its recommendations to develop policies, regulations, programs, and projects that provide for greater connectivity, strategic investment, mobility, multi-modal systems, accessibility, efficiency and safety. ECONOMIC VITALITY Promote and encourage economic vitality by supporting: • Downtown revitalization efforts of Downtown Pasco Development Authority (DPDA), post-COVID restart, and City initiatives such as Downtown Master Plan process and sign code modifications. • The construction of Peanuts Park and Farmers Market and continued efforts to pursue streetscape and gateway upgrades. • The completion of the Comprehensive Land Use Plan Update and Broadmoor Master Plan efforts, adoption of Urban Growth Area expansion alternative, implementation of adopted long-range planning efforts with appropriate analysis and adoption of planning actions including: zoning code changes, phased sign code update, and development regulations and standards. • Increased efforts to promote the community as a desirable place for commercial and industrial development by promoting small business outreach and assistance, predictability in project review, and excellent customer service. • Partnerships and encouragement of Department of Natural Resources (DNR) to facilitate development of the remaining state-owned properties at Road 68/I-182. Page 204 of 208 • Continued coordination with the Port of Pasco to complete and implement a waterfront-zoning plan and provide for public infrastructure. • Active partnerships in the planning and development of strategies to promote tourism and deployment of assets to spur economic activity. • In concert with community partners, development of a comprehensive economic development plan. COMMUNITY IDENTITY Identify opportunities to enhance community identity, cohesion and image through: • Continued efforts of community surveying through traditional methods and the application of new technologies. • Providing opportunities for community engagement through boards, commissions, volunteer opportunities, social media, forums, and other outlets. • Enhanced inter-agency and constituent coordination developed during the pandemic. • Continued efforts of the community identity/image enhancement campaign to include promotion of community and organizational successes. • Enhanced participation and support of cultural events occurring within the community. • Support of the Arts and Culture Commission in promoting unity and the celebration of diversity through art and culture programs. For more information, visit www.pasco-wa.gov/councilgoals Page 205 of 208 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 206 of 208 • La continuación del costo por el servicio y de las metas de recuperación al evaluar los servicios de la Ciudad. • La evaluación continua de los costos, los procesos y el desempeño relacionado con la entrega de los servicios de la Ciudad incluyendo la retroalimentación y la satisfacción del cliente, el personal, las instalaciones, y las oportunidades colaborativas. • Inculcar y promover una cultura organizacional de servicio al cliente a lo largo de todas las líneas de negocio. • Actualizar las políticas relacionadas con la urbanización de las islas no incorporadas para asegurar consistencia con la planificación a largo plazo, la seguridad comunitaria, y la sustentabilidad fiscal. SEGURIDAD COMUNITARIA Preservar las mejorías anteriores y promover las ganancias futuras al: • Desarrollar un Comprehensive Police Strategic Master Plan (Plan Maestro Estratégico Comprehensivo Policial) a través de un proceso transparente para evaluar los niveles futuros de servicio del departamento para asegurar sustentabilidad, seguridad pública, y control de crímenes durante los siguientes 5-10 años. • Trabajar con colaboradores regionales y comunitarios para evaluar e implementar estrategias para reducir los casos de personas sin techo. • Hacer uso y ampliar las colaboraciones para mantener y mejorar los servicios de salud conductual a los miembros de la comunidad que se encuentran en medio de una crisis, ayudados por la policía y por los bomberos. • Continuar los esfuerzos para mejorar la relación con la policía y con la comunidad. • Trabajar para lograr y mantener el tiempo de reacción de los bomberos a través de mejorías operacionales y la planificación estratégica de instalaciones y personal a largo plazo. • Enfocarse en la meta a largo plazo de mantener una clasificación de la comunidad Clase 3 del Washington State Rating Bureau (Departamento de Clasificación del Estado de Washington). • Utilizar la base de datos de la infraestructura de las banquetas, los faroles, y las condiciones del pavimento, como también evaluar las políticas y los métodos para tratar las necesidades y las injusticias. RED DE TRANSPORTE COMUNITARIO Promover una red de transporte extremadamente funcional y multimodal a través de: • El comienzo y el término de la construcción del proyecto Lewis Street Overpass. • El énfasis continuo en las mejorías de la ruta Road 68/I-182/Burden Blvd. para mejorar la operación y la seguridad. • Los esfuerzos proactivos basados en datos para calmar el tráfico en las vecindades. • La colaboración continua con Ben Franklin Transit para mejorar la movilidad y el acceso. • El término del Transportation System Master Plan (Plan Maestro del Sistema de Transporte) y la utilización de sus recomendaciones para desarrollar políticas, reglas, programas, y proyectos que proporcionan más conectividad, inversiones estratégicas, movilidad, sistemas multimodales, accesibilidad, eficiencia, y seguridad. Page 207 of 208 VITALIDAD ECONOMICA Promover y motivar la vitalidad económica al apoyar: • Los esfuerzos de renovación de la Downtown Pasco Development Authority (DPDA) (Autoridad de Desarrollo del Centro de Pasco), el reinicio después de COVID, y las iniciativas de la Ciudad como el proceso del Downtown Master Plan (Plan Maestro del Centro) y las modificaciones de los códigos de anuncios. • La construcción del Peanuts Park and Farmers Market (Parque Peanuts y el Mercado) y los esfuerzos continuos para discutir paisajes urbanos y actualizaciones de entradas. • El término de los esfuerzos de la Comprehensive Land Use Plan Update (Actualización Comprehensiva del Uso de Terrenos) y los esfuerzos del Broadmoor Master Plan (Plan Maestro de Broadmoor), la adopción de la alternativa de la expansión de Urban Growth Area (Área del Crecimiento Urbano), la implementación de los esfuerzos de planificación a largo plazo con los análisis adecuados y la adopción de acciones de planificación incluyendo: los cambios a los códigos de zonas, la actualización de los códigos de los anuncios de las fases, y el desarrollo de las reglas y los estándares. • Más esfuerzos para promover a la comunidad como un lugar atractivo para el desarrollo comercial e industrial al fomentar el alcance y la ayuda a los negocios pequeños, la predictibilidad en la revisión de proyectos, y un excelente servicio al cliente. • Las colaboraciones y la motivación del Department of Natural Resources (DNR) (Departamento de Recursos Naturales) para facilitar el desarrollo de las propiedades restantes del estado en Road 68/I- 182. • La coordinación continua con el Port of Pasco (Puerto de Pasco) para terminar e implementar un plan de zonas costeras y proporcionar una infraestructura pública. • Las colaboraciones activas en la planificación y el desarrollo de estrategias para promover el turismo y la utilización de recursos para estimular actividad económica. • Junto con los colaboradores de la comunidad, crear un plan comprehensivo de desarrollo económico. IDENTIDAD COMUNITARIA Identificar oportunidades para mejorar la identidad comunitaria, la cohesión, y la imagen a través de: • Los esfuerzos continuos para evaluar a la comunidad a través de los métodos tradicionales y la aplicación de nuevas tecnologías. • Proporcionar oportunidades para la involucración comunitaria a través de mesas directivas, comisiones, oportunidades para voluntarios, medios sociales, foros, y otros medios. • Una mejor coordinación entre las agencias y los constituyentes desarrollada durante la pandémica. • Los esfuerzos continuos de campañas para la mejoría de la identidad/imagen comunitaria que promuevan a la comunidad y a los éxitos organizacionales. • Una mejor participación y apoyo de los eventos culturales llevados a cabo dentro de la comunidad. • El apoyo de la Arts and Culture Commission (Comisión de Artes y Cultura) al promover la unidad y celebrar la diversidad a través de programas de arte y cultura. Para más información, visite www.pasco-wa.gov/councilgoals Page 208 of 208