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HomeMy WebLinkAbout2024.01.16 Council Meeting Public Comment Submission from Steve Bauman, B4 DevI �+ 1) 1 6/wq eo KY, Developers Insight Concerns about City Practices Development and Consulting WEST TRUCKING PARKING TIMELINE PARCEL #113-780-080 12-1-22 — Complaint received by City of Pasco (C.O.P). 35 days go by 2-4-23 — Code Enforcement sent a Correction Notice to WEST FAMILY LLC observing Violation of PMC 16.05.010. Failure to obtain building permit to grade and gravel parcel. 5 days go by 2-9-23 — Permit Received by C.O.P (B23-0293) 15 days go by 2-24-23 — Permit put on hold by C.O.P (B23-0293) 14 days go by 3-10-23 — Code Enforcement Officer (CEO) left the owner a voicemail advising application was about to expire. Please respond to the hold letter and do not let it expire. 7 days go by 3-17-23 — Notice of Civil Violation for failing to bring all violations of PMC 16.05.010 into compliance (Case #CEB2023- 0182) 5 days go by 3-22-23 -Application, B23-0293, expired, and Notice of Civil Violation was mailed standard and certified mail. ? days go by 3-24-23 - Permit Tech received an email from Mr. Fetterolf stating he is working on the SEPA and should have it submitted the following week. Per Permit tech, application B23-0293, was placed on hold again. 11 days go by 4-4-23 — Continuation Notice stating that the Violation was made on Feb 3rd, 2023. (Case #CEB2023-0182) 4-4-23 — Compliance Determination and Order state that a violation was made of PMC 16.05.010. WEST FAMILY LLC given 10 days to correct violations. 29 days go by 5-3-23 — Final Penalty Notification to WEST FAMILY LLC of violation. 1 days goes by 5-4-23 — The Code Board Hearing was held. 1 day goes by 5-5-23 - Determination & Order and penalty notification were mailed standard and certified mail. 6 days go by 5-11-23 - CEO notes that a partial application was submitted that required the SEPA, B23-1205 4 days go by 5-25-23 - I was advised by the Permit tech, that the application was under review, and they needed to pay the plan review fee first, B23-1205. 26 days go by 6-20-23 — Code Enforcement $500 fee 6-20-23 - Permit tech advised CEO the application had expired, B23-1205. 7 days go by 6-27-23 -1 received two missed calls from the owner requesting a callback, one dated 06/26 and the other 06/27. • CEO spoke to Steve West via telephone. Spoke to Steve regarding his permit and he said John Fetterolf was handling this application and that we should contact him regarding it. I explained that the application expired due to non- payment of the plan review fee. He asked what they needed to do. I advised they may need to reapply since the application expired. He said he does not think it should have been expired because they are working on the SEPA. I advised he or John will need to speak to the permit techs on their next step(s) as I am not sure what the process is. He requested the permit tech call John when she is available. 6-27-23 — SEPA submitted. 37 days go by 8-3-23 — New building permit application submitted (B23-2093) 13 days go by 8-16-23 — Paid Code Enforcement $500 fee, Check #1260 12 days go by 8-28-23 — Plan Review on hold Notice (1323-2093) 12 days go by 9-9-23 — Plan review on hold (B23-2093) 2 days go by 9-11-23 — Memorandum sent by JF Engineering From complaint until Memorandum — 284 days From complaint until today — 411 days L P,j bing maps Notes West Family LLC (Before) a CVIL a 21 F U�.i As St `> 2�2� ',9isiosatt Covporstion t• 2 �3 omTom ^':7M �•JWA k . � _ , � • .l � � � may, t �. • t ` - � til 1 .� •. 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I Q --------------------- ----- -- O I;I J II Ci of 13� it1i� UiivisioFOR STAFF USE ONLY �- �� V% ,A 09101 Permit # P: St o.'�41. 77 S — _ v ,gov I Qerm ittech�i rico-vra.gov COMMUNITY & ECONOMIC DEVEI r+r)?Mr-Wr Commercial/ instruction Permit Ai Permit Type (check one): ❑New Building ❑Addition Tenant Improvements Sign ❑ Change of Occupancy ❑Demolition ❑ Other (use description line below) Site Address: Parcel No.: Project(Construction Value: > Applicant is (check one)Owner ❑Contractor ❑Architect ❑Other: Applicant Contact Name: j Phone#: Em it LkZ Legal Property Owner: ! Phone #: Mailing Address:— cation Contractor: Mailing Address-: State Contractors License#:--- Arch itect/Engineer: i Mailing Address: Detailed Description of Work: D Email: Phone#: Email: City of Pasco Business License # '- �— — Phone #: — f T — -- 9 Email: - AJ Whole Building Square Footage: _ - #of Stories: Construction Type: #of Units: ❑IA❑IB❑IIA❑IIB❑IIIA❑1116❑IV❑VA❑VB Sq.Ft. of area being Modified: Occupancy Type: Select the dust control method that will be used. The approved methods of dust control are as follows: ❑ Hydro -seed ❑ ChemicallPhysical Soil Binder ❑Sprinklers [:]Contract with __a for water truck Select the litter control measures that Wil be in place for the duration of construction: ❑Onsite Container through ❑ Contract with BDI ❑ Will provide own trailer/ haul daily as needed certify the information furnished by me is true and correct and that I am the owner of the subiect property or I have been given express permission by the owner of the subject property, to submit this application for permit. I will comply with all provisions of law, code and ordinances governing this type of construction work, including state contractor registration laws. I understand that once accepted, this application is valid for 30 days. If the permit is not obtained within 30days, the permit application and all submitted building and site plans will be destroyed. Applicant Name (please print) Applicant Signature - Date 2z 823 --o Z93 February 04, 2023 WEST FAMILY LLC 2699 ROAD 68 PASCO, WA 99301 CODE ENFORCEMENT DIVISION 525 North Third Avenue Pasco, WA 99301 (509) 543-5743 phone www.Pasco-WA.gov/CodeEnforcement I CodeOfficerng,pasco-wa.,gov CORRECTION NOTICE Location of Violation: 2501 E LEWIS PL, PASCO WA 99301 Parcel Number: 113780080 Date of Violation: 02/03/2023 CASE #: CEB2023-0182 An inspection of the aforementioned property indicates possible violation(s) of the Pasco Municipal Code. PMC 16.05.010 Violation Location: Throughout Property Observed Condition: Failure to obtain a City of Pasco building permit to grade and gravel this parcel. Violation: Failure to secure a City of Pasco building permit where a permit is required (IBC 105.1 and IRC 105.1). Corrective Action: Discontinue all construction activities and submit an application for a building permit from the City of Pasco (call (509) 543-5721 for information on permit requirements). If no permit can be obtained, unpermitted construction must be removed. As the person responsible for this violation you must complete the above described corrective action(s) by Saturday, February 18, 2023 at 5:00 p.m., or a Notice of Civil Violation will be issued and you will be scheduled to appear before the Pasco Code Enforcement Board. At the hearing, the Board may determine that you have violated the Municipal Code and may order the abatement of the violation at your expense. The Board may also assess daily monetary penalties of up to five hundred dollars ($500) per day. A repeat correction notice issued within a two year period for the same nuisance may result in a mandatory two hundred dollar ($200) penalty. If you have any questions, please feel free to call the officer listed below. ISSUING PARTY: Phone: (509) 544-4145 ROCHELLE STRADER, Code Enforcement Officer Ch. 16.05 Building Code I Pasco Municipal Code Page 1 of 1 16.05.010 Adoption of State Building Code, International Building Code(s) and standards. The City of Pasco hereby adopts the State Building Code (Chapter 19.27 RCW) as thereinafter amended by the Washington State Building Code Council, published as Chapter 51-50 WAC, and all provisions thereof applying throughout this title, and adopts by reference the most current state -adopted International Building Code(s) and their appendices thereof as published by the International Code Council as thereinafter amended; and all buildings hereinafter erected or constructed, enlarged, repaired, moved, removed, demolished, or converted shall be done in conformity with the provisions of said codes, except as expressly provided herein. [Ord. 4515 § 2, 2021; Ord. 4296, 2016; Ord. 4108, 2013; Ord. 3964, 2010; Ord. 3670 § 2, 2004; Ord. 3316 § 4,1998: Ord. 3133 § 1, 1996; Ord. 2881 § 1, 1992; Ord. 2724 § 1, 1989; Ord. 2602 § 1, 1986; Ord. 2501 § 1, 1984; Ord. 2153 § 1, 1980; Ord. 1853 § 1, 1977; Code 1970 § 16.04.010.] The Pasco Municipal Code is current through Ordinance 4665, passed April 24, 2023. Disclaimer: The City Clerk's office has the official version of the Pasco Municipal Code. Users should contact the City Clerk's office for ordinances passed subsequent to the ordinance cited above. The Pasco Municipal Code is current through Ordinance 4665, passed April 24, 2023. ENGINEERING [Q I [a PLIC From: Daniel Kapsi To: Ivan Barragan cc: Steve West RE: West Truck Parking MEMORANDUM Date: September 11, 2023 After reviewing your comment letter dated 3/14/22, we have the following responses to the comments: Per the Pasco Municipal Code Section 25.185.050(1), if the valuation of the improvements to the structure associated with an existing parking facility exceeds 33% of its assessed value the requirements of Chapter 25.185 shall apply. The assessed value of the parcel is $1.05 million, with the improvements being evaluated at $288,300. No improvements to the building are being completed with this project. Chapter 25.185 does not apply. Per the Pasco Municipal Code Section 25.180.020(2)(b), if the valuation of the improvements to the structure exceeds 33% of its assessed value the requirements of Chapter 25.185 shall apply. The assessed value of the parcel is $1.05 million, with the improvements being evaluated at $288,300. No improvements to the building are being completed with this project. Chapter 25.180 does not apply. 4 -Daniel Kapsi West Parking Memo 104 Clover Island Dr, Suite 201 ■ Kennewick, WA 99336 • 509.551.8174 • John@JFEngineering.pro 19111 Ch. 25.185 Off -Street Parking I Pasco Municipal Code 25.185.050 Existing parking facilities. The following shall apply to existing parking facilities: Page 1 of 1 (1) Whenever a pre-existing building or structure, that is nonconforming with respect to this chapter, is remodeled, enlarged, altered, reconstructed or changed in any way by 33 percent or more of its assessed value, the requirements of this chapter shall apply. [Ord. 3354 § 2, 1999; Code 1970 § 25.78.050.] The Pasco Municipal Code is current through Ordinance 4665, passed April 24, 2023. Disclaimer: The City Clerk's office has the official version of the Pasco Municipal Code. Users should contact the City Clerk's office for ordinances passed subsequent to the ordinance cited above. City Website: www.pasco-wa.gov City Telephone; (509) 544-3080 I;T•�i�'l• ...SIJ. . [: - ..am The Pasco Municipal Code is current through Ordinance 4665, passed April 24, 2023. Ch. 25.180 Landscaping and'Screening I Pasco Municipal Code 25.180.020 Applicability - Nonconforming. 1 of 2 (1) The requirements contained in this chapter shall be deemed to be minimum standards for landscape and screening and shall apply to all new development, except for properties located in the C-2 central business district and the 1-3 heavy industrial district. All properties developed in business park districts (Chapter 25.110 PMC) and all properties in the 1-182 corridor overlay district (Chapter 25.130 PMC) shall comply with the provisions of this chapter and Chapters 25.110 and 25.130 PMC, respectively; in apparent cases of conflict between provisions, however, the most restrictive shall prevail. (2) All developed properties existing on the date of adoption of this ordinance shall comply with the landscaping provisions of this chapter within six frost free months of written notification by the City, except those qualifying as nonconforming as defined in subsections (2)(a) and (2)(b) of this subsection: (a) Residential. Residential front yards existing as of the effective date of this chapter and which do not meet the 50 percent live vegetation requirement for front yards shall be considered legal nonconforming yards; provided, however, that such yards must have landscaping predominantly composed of decorative rock which clearly demonstrates the owner's intent to beautify the front yard, as opposed to simply covering the soil with a nongrowing medium to control dust. Front yards with decorative rock that are silted over or contain patches of exposed soil, or yards totally devoid of live vegetation or decorative rock, shall not qualify as legal nonconforming yards. All properties meeting the 50 percent live vegetation requirements for front yards not having a water conserving or drip irrigation system shall be considered legal nonconforming yards. (b) Commercial/Industrial. All commercial and industrial developments existing on the effective date of adoption of the ordinance codified in this chapter and which do not meet the landscape and screening requirements contained herein shall be considered legal nonconforming developments. Upon remodel, alteration, reconstruction or expansion of an existing building, when such change exceeds 33 percent of the assessed value of said building, the nonconforming status shall terminate and the requirements of this chapter shall apply; provided, however, that in cases where strict application of this chapter would diminish existing parking, impede safe access to the property, eliminate fire lanes or substantially infringe upon other code requirements, the Community and Economic Development Director may grant relief from full compliance with this chapter. Documentation of the relief granted and the reasons therefor shall be filed with the permit records. [Ord. 3763 §10, 2006; Code 1970 § 25.75.020.] The Pasco Municipal Code is current through Ordinance 4665, passed April 24, 2023. Damaris Bauman From: Richa Sigdel <sigdelr@pasco-wa.gov> Sent: Sunday, September 3, 2023 3:57 PM To: John Scheline Subject: RE: Permitting questions... John, Grading would be one where you are moving the dirt in some manner. I checked with legal on definition and we do not include definition for everything in PMC, especially the common phrases. We will get back to you on the Mid -Columbia Appeals board; it's a conversation we are having with our partners. Thank you. Richa Sigdel Deputy City Manager . x N, I T: (509) 544-3060 SW sigdelr@pasco-wa.gov - www.pasco-wa.gov I City Hall, 525 N. 3rd Avenue, Pasco, WA 99301 I� ©IM10 ...........................................................................................-................... ................................................................................................................................................................... This e-mail and any response to this e-mail may be a public record under Washington State Law and subject to inspection and copying by the public upon request. Accordingly, there can be no expectation of privacy. From: John Scheline <John@b4land.com> Sent: Monday, August 28, 2023 11:24 AM To: Richa Sigdel <sigdelr@pasco-wa.gov> Cc: Troy Hendren <HENDRENT@pasco-wa.gov>; Jacob Gonzalez <gonzalezjb@pasco-wa.gov>; Steve Bauman <Steve@b4land.com>; Steve West <sjwest33@hotmail.com> Subject: RE: Permitting questions... [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Thank you for this information. I have a couple more questions to help me better understand. First — I do not see the actual definition of "grading" and this is the primary issue at hand. Several other definitions provided include the answer of grading but don't define "grading". It appears that the term "grading" may have varying interpretations, but in the context of construction, it typically pertains to the process of modifying the topography of land in order to enhance drainage and accommodate construction activities. In the situation in question, none of this information qualifies. The area for which we are being requested to obtain a "grading" permit has been a truck parking lot for over 40 years. Our client acquired the property and took the initiative to clean it up, which should be recognized )y the city instead of being criticized. Our client did not alter the land's shape and currently has no intention of building any additional structures on it. He replaced an old fence (in the same location as the previous fence), smoothed out the existing gravel, and removed several truckloads of debris and garbage. Much of what he did is what would typically be required by a code officer if clean-up was requested. It is evident that there was no "grading" involved, and we are seeking clarification on this subjective term, as it seems to be open to interpretation by the staff. Second — We would like to request this matter be addressed by the Mid -Columbia Building Appeals Commission in accordance with PMC 16.05.040. We do recognize the Pasco Municipal Code and we hope that we can address the reasonable interpretation of the code through this regional board within the codified process. Thanks for your assistance in this matter. John Scheline Project Manager B4 Development and Consulting CELL: 509.737.7826 From: Richa Sigdel <sigdelr@pasco-wa.gov> Sent: Sunday, August 27, 2023 11:21 AM To: Richa Sigdel <sigdelr@pasco-wa.gov>; John Scheline <John@b4land.com> Cc: Troy Hendren <HENDRENT@pasco-wa.gov>; Jacob Gonzalez <gonzalezib@pasco-wa.gov>; Steve Bauman <Steve@b4land.com>; Steve West <siwest33@hotmail.com> Subject: RE: Permitting questions... John, Please see below for non -exhaustive list of PMC's regarding grading and penalties for such violations. Here is a link to our municipal codes that is searchable and you can also download specific sections as needed. https: //pasco.municipal.codes/ 16.15.020 Definitions. "Developed" and "development" mean any manmade change to improved or unimproved lot(s), parcel(s) or tract(s) including but not limited to filling, grading, paving, excavating, installation of curb, gutter or sidewalk, installation of driveways, construction or placement of a building or other structure and uses of a commercial or industrial nature not requiring a structure. "Development permit" means but is not limited to a grading, building, right-of-way or encroachment permit or a license or permit for land use. [Ord. 4515 § 2, 2021; Ord. 4069, 2012; Ord. 2412 § 1, 1982; Ord. 2303 § 1, 1981; Code 1970 § 16.06.010(2-5).] 28.08.020 A definitions. "Alteration" means any human -induced activity that changes the existing condition of a critical area. Alterations include, but are not limited to: grading; filling; dredging; draining; channelizing; clearing or removing vegetation; applying herbicides, pesticides or any hazardous substance; discharging pollutants; modifying for surface water management purposes, cutting, pruning or topping, clearing, relocating or removing vegetation; paving; construction; applying gravel; or any other human activity that changes the existing landforms, vegetation, hydrology, wildlife, or wildlife habitat of a critical area. Alterations do not include walking, fishing, or any other passive recreation or other similar activity. 3.35.030 Building permits. Grading/scrubbing only $50.00 23.35.060 SEPA policies. (4) The City establishes the following additional policies: (a) Require land development to include appropriate measures to prevent air pollution and deterioration of ambient air quality; (b) Require land development to utilize vegetation, topography and on-site drainage systems or methods sufficient to prevent runoff onto public ways; (c) Require land development where necessary to employ dust abatement, wind erosion and/or site restoration methods where construction or subsequent operations involve grading or excavation activities; 29.25.020 General provisions. (1) Authorizations Required. Prior to fulfilling the requirements of this chapter, the City shall not grant any approval or permission to alter the condition of any land, water or vegetation, or to construct or alter any structure or improvement including, but not limited to, the following: (a) Building permit; (b) Special use permit; (c) Shoreline special use permit; (d) Shoreline substantial development permit; (e) Shoreline variance permit; (f) Binding site plan; (g) Short subdivision; (h) Subdivision; (i) Zoning variance permit; 0) Rezone; or (k) Any other adopted permit or required approval not expressly exempted by this section. 12) Jurisdiction. 3 (a) This chapter shall apply to all lands, all land uses and development and all structures and facilities in City's shoreline jurisdiction. This chapter shall apply to every person, individual, firm, partnership, corporation, governmental agency or other entity that owns, leases, or administers land within the City's shoreline jurisdiction. (b) This section provides regulations for land use and development in and adjacent to critical areas within the City's shoreline jurisdiction. (3) Allowed uses. (a) All allowed activities shall use reasonable methods supported by the most current scientific and technical information or accepted BMPs with the least amount of potential impact to the critical areas. Any incidental damage to or alteration of a critical area that is not a necessary outcome of the exempted activity shall be restored, rehabilitated, or replaced at the responsible party's expense. This includes, but is not limited to, access ways or paths, vegetation removal or damage beyond a reasonable work zone, and grading and clearing not essential to the ongoing operation of the site's use. Uses allowed under this section do not give permission to destroy a critical area or ignore risk from natural hazards. 16.05.180 Violations — Penalties. It is unlawful for any person, firm, or corporation to violate any of the provisions of this chapter. Every person found in violation of any provision of this chapter shall be punished by a fine of not more than $500.00. Each firm or corporation found in violation of any provision of this chapter shall be punished by a fine of not more than $500.00. For any violation of a continuing nature, each day's violation shall be considered a separate offense and shall subject the offender to the above penalties for each offense. 16.10.020 Impervious surfaces defined. For the purpose of this chapter, "impervious surfaces" shall mean any asphalt concrete, cement concrete, compacted rock/gravel or other substance rolled, laid, poured, or otherwise installed to create a layer of material upon the ground which does not absorb water or through which water cannot drain into the underlying ground. 16.10.030 Permit required. It is unlawful for any person to install any impervious surface improvement upon private property within the City of Pasco without first obtaining a building permit authorizing such improvement from the Building Inspector, except as provided in PMC 16.10.040 or as may be otherwise provided for within the Pasco Municipal Code. Application for such permits shall be made on forms supplied by the Community and Economic Development Department, shall include a site sketch depicting proposed direction of surface drainage and location of components or methods to be used to drain the impervious surface in conjunction with the most current adopted Stormwater Management Manual for Eastern Washington. 16.10.050 Drainage requirements. An impervious surface improvement shall be designed to drain, confine and/or impound storm water or site - generated water within the private property upon which the improvement is to be located. The Building Inspector shall determine the adequacy of all plans and methods for the drainage or proposed impervious surface improvements in conjunction with the most current adopted Stormwater Management Manual for Eastern Washington. Thank you Richa Sigdel Deputy City Manager ............................................................................................................................................................................................ c:+►r3 T: (509) 544-3060 Fr&CQ sigdelr@pasco-wa.gov - www.pasco-wa.gov City Hall, 525 N. 3rd Avenue, Pasco, WA 99301 .............................................................................................................................................................................................................. This e-mail and any response to this email may be a public record under Washington State Law and subject to inspection and copying by the public upon request. Accordingly, there can be no expectation of privacy From: Richa Sigdel <sigdelr@pasco-wa.gov> Sent: Saturday, August 19, 2023 10:38 AM To: John Scheline <John(@b4land.com> Cc: Troy Hendren <HENDRENT@pasco-wa.gov>; Jacob Gonzalez <gonzalezib@pasco-wa.gov>; Steve Bauman <Steve@b4land.com>; Steve West <slwest33@hotmail.com> Subject: RE: Permitting questions... Thank you John. I will work with Troy and Jacob and get back to you on resources you can rely upon. "roperties trigger different local or state standards based on location, type/size of development etc. We can get you some resources that dictate the requirements. Have a great weekend. From: John Scheline <John@b4land.com> Sent: Friday, August 18, 2023 8:33 AM To: Richa Sigdel <sigdelr@pasco-wa.gov> Cc: Troy Hendren <HENDRENT@pasco-wa.gov>; Jacob Gonzalez <gonzalezlb@pasco-wa.gov>; Steve Bauman <Steve@b4land.com>; Steve West <s6west33@hotmail.com> Subject: Permitting questions... [NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Richa — Could you kindly assist me in gathering information regarding the city's policies on grading permits for my client? Specifically, I would appreciate it if you could provide me with the documentation outlining the objective criteria codified that will trigger a grading permit and the codes and requirements for the simple process of graveling a lot with no grading. Additionally, if you could enlighten me on the potential short-term and long-term consequences that arise if my client chooses not to pay any fines assessed by the city? (i.e. does that go as a lien on his property, etc?) I would we it if you could provide me with the specific rules and codes approved by the city council that your staff follows is expected to follow via city codes in this matter. I am grateful for your assistance in this matter, I am including Troy Hendren and Jacob as they are experts on this subject but I wanted to reach out to you as a third party to help us identify objective city policy in which developers are expected to adhere to. B4 DEVELOPMENT AND CONSULTING, LLC CELL: 509.737.7826 iohn@b4landxom 3130 Varney Lane Suite 102 Pasco, WA 99301