HomeMy WebLinkAbout2006.03.27 Council Workshop Packet AGENDA
PASCO CITY COUNCIL
Workshop Meeting 7:00 p.m. March 27, 2006
1. CALL TO ORDER
2. VERBAL REPORTS FROM COUNCILMEMBERS:
3. ITEMS FOR DISCUSSION:
(a) Code Enforcement Board Interviews:
1. Agenda Report from Gary Crutchfield, City Manager dated March 23, 2006.
2. Applications(4) (Council packets only).
(b) Landscaping Regulations Code Amendment (MF#04-45-CA):
1. Agenda Report from David I. McDonald, City Planner dated March 22,2006.
2. Proposed Ordinance.
3. Results of Landscape Inventory.
(c) PMC Amendments for Special Events and Related Admissions Tax:
1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated
March 23,2006.
2. Proposed Ordinance.
(d) Proposed Modifications to Hearing Examiner PMC Provision:
1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated
March 23, 2006.
2. Proposed Ordinance.
(e) Administration of Surcharge Funds for Housing Programs:
1. Agenda Report from Richard J. Smith, Community & Economic Development Director
dated March 22, 2006.
2. Draft Interlocal Cooperation Agreement.
3. March 7, 2006 Comment Letter.
(f) Business License Late Fee:
1. Agenda Report from Gary Crutchfield, City Manager dated March 23, 2006.
(g) Qwest Refund of Property Tax:
1. Agenda Report from Gary Crutchfield,City Manager dated March 23,2006.
2. Memorandum to City Manager from Administrative & Community Services Director dated
3/14/06.
3. Letter to City Manager from Franklin County Treasurer dated 2/23/06.
(h) 2006 Justice Assistance Grant:
1. Agenda Report from Denis Austin,Chief of Police dated March 24, 2006.
4. OTHER ITEMS FOR DISCUSSION:
{a)
(b)
(c)
5. EXECUTIVE SESSION:
(a)
(b)
{c)
6. ADJOURNMENT.
Reminders:
1. 4:00 p.m., Monday, March 27, Port of Benton - Hanford Area Economic Investment Fund Board
Meeting. (COUNCILMEMBER MATT WATKINS, Rep.; JOE JACKSON,Alt.)
2. 3:00 p.m., Wednesday, March 29, Richland City Manager's Conference Room - Regional
Approaches Meeting. (COUNCILMEMBERS REBECCA FRANCIK and MATT WATKINS)
AGENDA REPORT
TO: City Council March 23, 2006
FROM: Gary Crutch e ty Manager Workshop Mtg.: 3/27/06
SUBJECT: Code Enforce ent Board Interviews
L REFERENCE(S):
I. Applications (4) (Council packets only)
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
3/27: Council to conduct brief interviews with Lisa Geming, Mary Gutierrez,
Dwayne Speer, Delia Zarndt.
III. HISTORY AND FACTS BRIEF:
A) The Code Enforcement Board is composed of five members; terms are for two
years. The board meets on the 1St Thursday of every month at 7:00 p.m. in the
City Hall Council Chambers.
B) The Code Enforcement Board hears controversies regarding alleged violations
of the city code, particularly property maintenance standards.
C) At the present time there is one vacancy on the commission:
1. Position No. 1 (vacant) term expiration date of 01107
D) There are three positions whose terms have expired:
I. Position No. 3
2. Position No. 4 (Norma Chavez)
3. Position No. 5
E) General committee consensus that:
1. Position No. 4 be filled by reappointment of Norma Chavez without
interview.
F) After Council committee review of all applications, the following have been
selected to interview for Positions No. 1, 3 and 5:
1. Lisa Geming......................................................... 4207 Segovia Drive
2. Mary Gutierrez......................................................4707 Sirocco Drive
3. Dwayne Speer.........................................................9608 Welsh Drive
4. Delia Zarndt...............................................................6516 Ruth Drive
IV. DISCUSSION:
A) After conduct of interviews at the March 27 Workshop meeting, it is proposed
that appropriate appointments be made by the Mayor, subject to confirmation
by the Council, at the April 3 meeting.
3(a)
AGENDA REPORT NO. 23
FOR: City Council Date: March 22, 2006
TO: Gary Crutchfi i Manager Workshop: 3-27-06
Richard J. Sm , Director Regular: 4-3-06
Community & conomic Development
FROM: David McDonald, City Plannerv4-
SUBJECT: Landscaping Regulations Code Amendment (MF # 04-45-CA)
I. REFERENCE(Si:
A. Proposed Ordinance
B. Results of Landscape Inventory
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
3/27/06 Review and Discussion:
4/3/06 Motion: I move to adopt Ordinance No. amending Pasco
Municipal Code Title 25 by creating a new Chapter 25.75 dealing
with landscaping, and by modifying the landscape provisions in
Chapters 25.50 and 25.58; and, further, to authorize publication
by summary only.
III. FISCAL IMPACT None
IV. HISTORY AND FACTS BRIEF:
A. The Council directed the update of the landscape regulations sometime
ago for the purpose of addressing concerns about water conservation and
the applicability of the code to non-conforming properties. Following the
Planning Commission process, the Council held an in-depth workshop on
the proposed code amendments, and then returned the matter to the
Planning Commission.
B. In the fall of 2005, the Planning Commission conducted a workshop
session and a public hearing in an effort to address 17 specific issues
raised by the City Council over the proposed code amendments. The
Planning Commission's recommendations were discussed in a memo
provided to the Council for the January 30th workshop. The proposed code
amendment now before the Council reflects the Planning Commission's
recommendations on the issues.
V. DISCUSSION:
A. The major concern discussed by the Council at the January 30th
workshop centered on the issue of making the landscaping regulations
retroactive to all residential properties.
B. Staff has revised the applicability section (25.75.020, pgs. 7 & 8 of the
Ordinance) to address the concern over non-conforming residential yards.
The revised language grandfathers residential front yards that are
landscaped predominately with decorative rock, provided the rock is not
silted in with dirt, does not contain patches of exposed soil, and is not
covered with weeds. Under the proposal, front yards that are totally
devoid of live vegetation or decorative rock do not qualify for non-
conforming status.
C. At the Council workshop of March 13th, the Council generally agreed with
the proposed draft ordinance. However, prior to adoption of the
Ordinance, Staff indicated that it would be beneficial to complete an
inventory of residential properties. The inventory is necessary to properly
identify legal non-conforming yards. The results of the inventory are
highlighted in Attachment "B".
3(b)
ORDINANCE NO.
AN ORDINANCE RELATING TO LAND USE AND ZONING
AMENDING PMC TITLE 25 AMENDING CHAPTERS 25.50
AND 25.58 REPEALING CHAPTER 25.76 AND CREATING
A NEW CHAPTER 25.75 ALL DEALING WITH
LANDSCAPING REGULATIONS.
WHEREAS, cities have the responsibility to regulate and control the
physical development within their borders and ensure the public health, safety
and welfare are maintained; and
WHEREAS, the City of Pasco has zoning regulations that encourage
orderly growth and development of the City; and
WHEREAS, the City Council has determined that to further the purposes
of comprehensive planning and to maintain and protect the welfare of the
community, it is necessary to amend PMC Title 25; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
Section 1. That Section 25.50.060 entitled "DEVELOPMENT
STANDARDS" of the Pasco Municipal Code shall be and hereby is amended to
read as follows:
25.50.060 DEVELOPMENT STANDARDS. (1) Minimum lot area: No
specific lot area is required, except the minimum area required for a business
park zone shall be twenty-five (25) acres. Land immediately adjacent an
existing business park zoning district may be added to that district in
increments of five acres;
(2) Lot Coverage: Lot area coverage by buildings or structures shall
not exceed fifty percent of the total lot area;
(3) Minimum Yard Setbacks:
(a) Front Yard: 50 feet.
(b) Side Yard: No requirements except where a business park
lot abuts a residential district then the side yard shall be 30 feet or equal
to the height of the building, whichever is greater.
(c) Rear Yard: 30 feet or equal to the height of the building,
whichever is greater.
(4) Maximum building height:
(a) Forty-five (45) feet except a greater height may be approved
by special permit.
(5) Parking: All parking lots shall be improved with appropriate curbs
for drainage control and to maintain landscaping areas. Parking lots shall be
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constructed of asphalt concrete or Portland cement concrete and shall contain
eanop y trees as provided in Section 25.50.060 25.75.070 (6);
(6) Landscaping: The landscaping provisions of this
supersede take preeedenee ever section shall be in addition to the
landscape and screening provisions provided in Chapter 25.75. In apparent
cases of conflict between provisions, the most restrictive shall prevail:
(a) Fifteen percent of all lot areas shall be landscaped.
(b) The twenty feet of front yard setback area nearest street
rights-of-way shall be landscaped.
(c) At least fifty percent of all building exteriors shall abut
landscaped areas.
(d) Except for loading and unloading zones, buildings shall be
no closer than ten feet from a parking area.
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large eanopy tree (ene and e-ne _14--alf te twe -i-ne-h- ealiper at planting) shall
lees le eate . it—h- n t—he pa,-king I&t
(4(1 No paving shall be permitted within four feet of the center of
a tree at the time of planting.
fg}f� Seven One hundred percent of all landscaped areas shall
contain live vegetation; said vegetation shall consist of a variety of
shrubs, trees and ground covers.
(h) All landseaping shall be r-egulaF4y maintained in good er4er-
and
(i) Leading and unloading-uvcrr-areas shall be vE@a from
adjeining preperties —And- stureeat rights of way %4th masonry walls and/,ff
(j)(gl Rear and side yard setback areas immediately adjacent
neighboring properties in a different district shall be treated with
landscaped elements so as to create a visual buffer.
W fh)At least fifty percent of the required landscape area shall be
visible from the street adjoining the lot.
(7) Loading and Unloading Docks:
(a) Le.,airn and unloading deck--areas shall be screened -ao
Fequir-ed in Seetion 25.50.060(74-.
(b)(a) Sufficient area shall be provided on-site to accommodate
loading and unloading activities. Streets and street rights-of-way shall
not be used for these purposes.
(8) Rooftop Equipment: All rooftop equipment shall be screened so as
not to be visible from the horizontal plane of building roofs;
(9) Outdoor Storage and Waste Disposal:
(a) No outdoor storage shall be permitted in the business park
zone unless such storage is entirely enclosed by building walls and/or a
solid masonry wall not less than seven (7) feet in height. No materials
stored behind the wall shall extend and be visible above the wail.
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(b) No materials or waste shall be deposited upon a property
within the business park zone in such a form or manner that they may
be transferred to other areas by natural causes or forces.
(c) All waste material shall be stored in an enclosed area in
proper containers and shall be accessible to service vehicles.
(10) Signage: All signs advertising the business park and/or
businesses located therein not affixed to buildings shall be ground signs, which
blend with and complement landscaping and architecture. No roof signs,
perpendicular to walls or freestanding pole signs are permitted. All wail signs
shall not exceed ten (10) percent of wall areas in size.
(11) Architecture: All structures shall be constructed so as to create a
unique and distinct character for the business park. Building exteriors shall
consist of various types of concrete, brick, stucco, glass, tile, wood products
and composite materials. The materials are to be used so as to create
character and relief to the buildings. Twenty (20) percent of a building's
exterior may be constructed of baked enamel, sheet metal.
Section 2. That Section 25.50.070 entitled "SITE PLAN APPROVAL" of
the Pasco Municipal Code shall be and hereby is amended to read as follows:
25.50.070 SITE PLAN APPROVAL.REQUIRED. Plans shall comply with
the provisions of Chapter 25.75.090. Site plan appFeyal. by the Planning
Db-meter sheAl-be-a prerequisite--€e--ebt-aiti-i-ng a building penft for-
development within a busin Ariet. All site plans shall illustr-ate the
(1) Vieini*aiT
(2) Boundaries and dimensions of the pr-aper#5-,
(3) Locations of buildings and st-u-tures with existing and prepes
leeation and layout of off street f
areas,(4) Leading ---.4 unloading location of and feneing
indienting the 1-.°;rrl-.t thereof-;
f
(5) T crag. n of ste age areas and refuse t .f
(6) Location and size ef signs, f
r�) 1 ar,rle..�.-.pir,g pla,.,.
tTpp ,]� .�., f
(8) t.*f' tcornr-ef b'G'c'rid`a'rj'1g heighti
(9) Proposed u r ehitect„rnl treatment of 1u ld
j-
f
(11) Site drain gee;
(12) Aecess t., , streets;
(13) int-io. c-�reulatien--proposal,-inel,a t 1 ei-oulation-��
leading/unleading;
{l4)- A d i neent public streets
(1,* --Aereage`of sites
t161 iaivaiu °.
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Section 3. That Section 25.58.030 entitled "USE IN COMBINATION" of
the Pasco Municipal Code shall be and hereby is amended to read as follows:
25.58.030 USE IN COMBINATION. This chapter shall be used in
addition to and in combination with the districts identified in Section
25.58.020 and development regulations contained in this Title as they apply to
the lands described in Section 25.58.020. The requirements of this chapter
shall take precedence over the requirements of the underlying district
regulations. However, the landscape provisions of this chapter shall be in
addition to the landscape and screening provisions provided in Chapter 25.75.
In apparent cases of conflict between provisions, the most restrictive shall
prevail.
Section 4. That Section 25.58.040 entitled "PLAN REQUIRED" of the
Pasco Municipal Code shall be and hereby is amended to read as follows:
25.58.040 PLAN REQUIRED. Plans shall comply with the provisions of
Chapter 25.75.090.Prior to issuance 4buil ing-perm} {2) copies of a site
development plan must be s�ubniitted to the building division ef the Community
Development Department for- review for- eensisteney with the provisions of th
eh
The site development plan must be drawn to seale and shall inelude t
felle g:
easements.(A) All relevant data regarding the e�Eisting site that will inelu
existing streets, walks, property lines, existing buildings and/or
(B) Boundaries and dimensions of the site.
(C) Designation of all 11s@ areas *z ithiri the site
(D) Identifieation of any existing trees or- plantings that are to r-em
on th- rzz e site,
--luding the leeation —and eeinninnan names of all landseape elements.
!H) Area— of individual and eolleetiye lat9lYC.eape Ll.'1
li l l 111,.(.y 111 UL3u^
(G) - —boe-a_tio ,-type and design of all irrigation facilities.
(H) Location and description of ether-sit f;eatures such as buildings-,
beFms, walls, , parking areas, ,
lights and i,-oula ion areas.
(1) Schematie building elevations showing exter-ior- bkiilding walls.
Section S. That Section 25.58.050 entitled "CONDITIONS OF
APPROVAL" of the Pasco Municipal Code shall be and hereby is amended to
read as follows:
25.58.050 CONDITIONS OF APPROVAL. For conditions of approval see
the provisions of Chapter 25.75.100. Upon reeeipt e f a eempleted ph ,,ti„r
and site development plan the geenafaie 86 Gemmunity Development Pireeter-
modifications and conditions or- denial.
4
Section 6. That Section 25.58.060 entitled "LANDSCAPE STANDARDS"
of the Pasco Municipal Code shall be and hereby is amended to read as follows:
25.58.060 LANDSCAPE STANDARDS. The requirements Qet forth in t« s-
seetion shy be deemed to beminimum
apply to all development in the 1 182 Ge -rider ever-lay .-lint 'et.
(A) Existing trees and shrubs may be included in the application of
these standards provided they are depicted on the plan and retained.
(B) No landscape areas shall contain artificial grass, trees, plants or
other artificial materials as a live vegetative substitute.
(C) ,
deciduous eaid-evergreen-trees, sh=Abs,,and ground eov There shall be at
least one (1) tree and three (3) shrubs for every three hundred (300) square feet
of landscaped area.
ITI�ll areas -within abE (6) feet of rimnry struetur-c�°`ii1-rrx`luirt�
sidewalks, leading ramps or- ermrrer-geeY M-M-ps shall be Gensidere "landscape
areas" and shall et the
of the gFess parking
area.
The par-king area to landseape area Faties are as fellows!
1 50 Spaees ° g°% of the-aFea.
51-99 Spaees - 1001_ of the area,
100* Spaces - 122 of the ea.
Each parking ,-,,,ee-shall be s two hundred (2-nn) ,
feet. -R-Arking lots and the aeeGmpa++ying landscaping shall be eenfigured-se
that 33e PaFl -}Sr...-Ewe than seventy fives(75) feet f.,m a 1., d ed
aFea.
(D) Road Frontage:
(1) The area adjaeent to all publie read frentages sha4l be
landseape-d- to in-ellude a buffer afea of ton (10) feet on ar-ter-ials and five
(5) fed en-lee-el-access stFeets.The landseaped buffer areas ^10 private
streets shall he .,t Senn+ five (5) f°°+
L,L1 vL.LV Vlizlli LJCJ
{2}j1J Landscaped buffers areas on commercial properties adjacent
to or across a public or private street or alley from residentially zoned
properties must be a minimum of 15 feet in width.
f�4LQLandscaping in the unused portion of the right-of-way shall
match the established landscaping pattern and theme for the street. l€�ne
landseaping pattern eydsts the applieable previsions of this Chapter- and
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Chapter 5 '76 shall apply.
1.,L..l
(E) Pedestrian Walkways:
(1) Excluding pedestrian connections through parking lots
Wwalkways shall be landscaped their entire length. Trees shall be a minimum
of three (3) feet from sidewalks and curbs at the time of planting, except where
tree wells are utilized.
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Section 7. That Section 25.58.070 entitled "LANDSCAPING
MAINTENANCE" of the Pasco Municipal Code shall be and hereby is amended
to read as follows:
25.58.070 LANDSCAPING MAINTENANCE. All landscape maintenance
shall comply with the provisions of Chapter 25.75.120. Eaeh owner Of
building site shall be responsible for the per-manent maintenance of the
landse-aping in accor-danee with the approved landseape plan and
Landseaping and Ser-een...Z, of Seetion 25.76.110 and shall be
kept in a clean, s" , --.11 niainCYSineFt`e3i3dition,
Section S. That Section 25.58.090 entitled "SCREENING STANDARDS"
of the Pasco Municipal Code shall be and hereby is amended to read as follows:
25.58.090 SCREENING STANDARDS.
(A) Ref;une eentainers shall be ser-eened from view by n 100,% sight,
obscuring f° e,wall-er structure minimum of six (61 feet high.
r4z�s-j rrceczri�rr—
{B}JAJ All equipment, material or goods not housed or stored within the
primary structure shall be within a 100% sight obscuring fence, wall or
structure.
(G) Feneig material-shall eensist of wood, brick,blec1cass, vim
stucce, wreRAght ir-en, e-r- R-i-milar-ly appearing eempesite material. When sight
ebSeUFing feneing is required, a eembinatien of materials may be ,
however-, barbed or other- type of c.ee r•it`> z °s of any kir,r1
pFehibited
-{E)(B}Gas meters, electric service boxes and other mechanical equipment
shall be screened from public view by obscuring fence, walls or planting
materials.
(F4Lg Outdoor garden sales areas, associated with retail buildings as a
principal use, shall be enclosed with an enclosure other than chain link or
other wire fencing material. Enclosures of garden sales areas must incorporate
false walls in the fencing design that match or complement the architectural
features of the main building walls.
(G) All true!,. leading and unleading areas and ---- -eeks adjaeen
must be sereened with a solid masonry wall matehing the ar-ehiteeture of the
building. The-wall shall be set at baelr. i-tlfl�---l5 fee}��eaped buffe-
required-in--Seetion 25.58.090(G). 'very 40 linear feet of
1:R-4ff,-r- ;Irea shall eantain a gr-euping ef three (3) Austrian pine tFees I.-linlils-
ppFeyed by the-Community Development Depart. e�l-t. ---id
piri°des or d--eq'ivals-must be six (6) to eight (8) feet in neigh-ht at
6
n
approved by the Community Develepfneat
> ,
that will Feaeh a height of 25--feek-of M-e-Fea ;vla-e-n- mature. At leas 0
shall be P!anted for- every 100 linear feet elf buff-ef area.. The 15; fbet buffer 6
alse-ine-lude shFubs in a auffiff-e-i-emint Inumber sueh that 50 of the bu be eavered with shFUh-r-, within a 5 year- period. Shrub vafieties shedl
be approved he Community Develepment Department and must vc
varieti°n that are adapted to the soils and ..1:. ate of Pa see.
Section 9. That Chapter 25.76 entitled " LANDSCAPING AND
SCREENING" of the Pasco Municipal Code be and the same is hereby repealed
in its entirety:
Section 10. That a new Chapter 25.75 entitled "LANDSCAPING AND
SCREENING" of the Pasco municipal Code be and the same is hereby enacted
to read as follows:
CHAPTER 25.75
LANDSCAPING AND SCREENING
25.75.010 PURPOSE. The purpose of this chapter is to establish
minimum standards for the provision, design, and maintenance of landscape
areas and sight-obscuring methods within various zoning districts of the
community, thus preserving the health, safety, and general welfare of the
district. Further, it is the purpose of this chapter to achieve particular
objectives including, but not necessarily limited to, the following:
(1) Stabilize and preserve land values within and adjoining residential,
commercial and industrial districts.
(2) Provide an opportunity for the development of an aesthetic visual
environment within the commercial and industrial districts as well as
residential districts for the benefit of the users of such districts as well as
passers-by.
(3) Preserve the safety of the general public by assuring adequate lines
of sight along public streets and at intersections.
(4) Provide not only for the health, safety, and general welfare of the
residents, workers and visitors of the community, but also to provide for the
beauty and balance of the community, as proper and necessary concerns of
local government.
25.75.020 APPLICABILITY - NON-CONFORMING.
A 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 I-3 Heavy Industrial District. All properties
7
developed in Business Park Districts 125.50) and all properties in the I-
182 Corridor Overlay District (25.58) shall comply with the provisions of
this Chapter and Chapters 25.50 and 25.58, respectively; in apparent
cases of conflict between provisions, however, the most restrictive shall
prevail.
B) All developed properties existing on the date of adoption of this ordinance
shall comply with this Chapter within six (6) frost free months of written
notification by the ci _ , except those qualifying as non-conforming_as
defined herein below:
(1) Residential: residential front yards existing as of the effective date of
this Chapter and which do not meet the 50% live vegetation
requirement for front yards, shall be considered legal non-conforming
yards; provided, however, such yards must have landscaping
predominately 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 non-growing medium to control
dust. Front yards with decorative rock that are silted over or contain
patches of exposed soil or ids totally devoid of live vegetation or
decorative rock, shall not qualify as legal non-conforming vards.
(2) Commercial: all commercial developments existing on the effective
_date of adoption of this ordinance and which do not 'meet the
landscape and screening requirements contained herein shall be
considered legal non-conforming developments. Upon remodel,
alteration, reconstruction or expansion of an existing building, when
such change exceeds 33% of the assessed value of said building, the
non-conforming status shall terminate and the requirements of this
Chapter shall apply; provided, however, 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 Development
Director mM grant relief from full compliance with this chapter.
Documentation of the relief granted and the reasons therefore shall be
filed with the permit records.
25.75.030 DEFINITIONS. For purposes of this chapter, the following
definitions shall be used:
(1) "Decorative rock" shall include washed river rock, fractured basalt
lava rock (for residential properties only) and similar rock. Decorative rock
shall not include crushed surfacing rock, maintenance rock or any other rock
identified in Section 9-03 Standard Specifications for Road Bride and
Municipal Construction 2006, M41-10 prepared by the Washington State
Department of Transportation;
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(2) "Landscape" shall include, but not be limited to, live vegetation,
and ornamental forms of stone and mulch, but shall exclude pavement and
impervious surfaces;
(3) "Landscape area" means those individual or collective portions of
the lot devoted to landscape. A developer or property owner may receive credit
toward the required landscape area for pedestrian walks or ways when such
walks or ways are decorative and/or textured in character and are designed as
a complementary part of the landscape area. No more than 25 percent of the
landscaped area can be treated with decorative pedestrian ways and be
included in the overall calculations for landscaped area;
(4) "Live vegetation" means healthy nursery stock consisting of
shrubs, trees, ground cover or lawn. Live vegetation does not include weeds,
bark or other mulches, ornamental stone or artificial plants;
(5) "Lot" means the area within the property lines of the parcel or
group of parcels upon which the proposed construction or improvements will
occur, including all accessory or incidental use areas;
(6) "Outdoor storage" means all materials, equipment, merchandise or
objects kept or placed on the lot or not within an enclosed structure, for
preservation or later use or disposal; it is not intended, however, to include the
following exceptions:
(a) Those objects customarily stored outside an enclosed
structure due to their size and due to their being of such character as to
not readily deteriorate when exposed to the elements, such as
automobiles, mobile homes, boats and other vehicles, farm machinery,
irrigation and heavy construction equipment, and those objects which
are themselves enclosures; provided, however, said objects are being kept
primarily for immediate sale or rental to others.
(b) Neat and orderly outdoor displays of items or objects for
immediate sale when such displays are incidental or accessory to an
established commercial principal activity conducted from an enclosed
structure, and further provided that the area consumed by said displays
does not exceed an amount equal to ten percent of the net lot area.
(7) "Garden" means a planting bed where seasonal flowers, vegetables,
herbs, and/or fruit are cultivated.
(S) "Xeriscape" means a landscape design technique that minimizes
water consumption by using some or all of the following techniques:
(a) using low water-demand or drought-resistant plants which are
adaptable to the climatic, topographic, and hydrologic characteristics of a
site;
(b) reducing turf areas or using turf materials that have low water-
demand;
(c) using mulches in planting areas to cover soil and save moisture;
(d) using efficient irrigation layouts that zone plants according to
their specific watering needs;
(e) minimizing evaporation of water;
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(fl performing regular maintenance to maintain water conserving
characteristics.
25.75.040 SCREENING REQUIRED.
(1) Outdoor storage and trash collection areas shall be screened as
follows:
(a) Outdoor storage and trash collection areas located in a commercial
or industrial zone with existing or new development shall be screened from any
adjacent residential zones and from residential zones across a public street or
alley;
(b) Outdoor storage and trash collection areas in G-1 (Retail Business)
zones shall be sight screened from all adjoining properties;
(c) Outdoor storage and trash collection areas located in a commercial
or industrial zone with existing or new development and upon a lot adjacent to
or visible from the following streets shall be so screened as to obscure vision of
such outdoor storage afforded from said streets.
(1) "A" Street.
(2) Columbia Street, between 1st Avenue and 10th Avenue.
(3) Lewis Street.
(4) West Clark Street.
(5) Sylvester Street.
(6) Court Street.
(7) Highway #395.
(8) Oregon Avenue.
(9) First Avenue, north of "A" Street.
(10) Third Avenue, north of"A" Street.
(11) Fourth Avenue, south of Highway 395.
(12) Fifth Avenue, between "A" Street and Court Street.
(13) Sixth Avenue, between "A" Street and Court Street.
(14) Tenth Avenue.
(15) Fourteenth Avenue.
(16) Twentieth Avenue.
(17) Twenty-Eighth Avenue.
(18) Thirty-Fourth Avenue.
(19) Thirty-Sixth Avenue.
(20) Interstate 182.
(21) Highway #12.
(22) Road 68.
(23) Broadmoor Boulevard.
(24) Broadway Street, west of Wehe Avenue.
(25) Sandifur Parkway.
(26) Burden Boulevard.
(27) Chapel Hill Boulevard.
(d) Screening of outdoor storage and trash collection areas shall be
accomplished by one or both of the following methods:
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(1) Dense evergreen shrubs and/or trees planted to
provide a year-round sight obscuring screen to achieve a minimum
height of 6 feet, within 2 years of planting.
(2) A solid or otherwise sight-obscuring fence or wall at
least 6 feet in height.
(2) Commercial and industrial side and rear yard landscaped areas
adjacent to residential districts must contain a 6 foot high continuous solid
screen.
(3) For security purposes, portions of the required screening, not to
collectively exceed 20 linear feet along each street or alley adjacent to the lot
from which vision is obscured, may be left unobstructed and open to view.
(4) Trash collection areas provided for multiple dwellings and
provided in all office, C-1, CR, BP, and C-3 districts shall be located within 6
foot high site-obscuring structure, which provides a visual screen from any
abutting street. In no case shall such enclosure and trash collection
receptacle(s) be permitted within the required front yard set back areas.
(5) Loading and Service areas shall not face any residential zone,
unless no other location is possible. Loading and service areas adjacent to or
across a public street or alley from a residential zoned district shall be
screened with a sight obscuring structure matching the architecture of the
building:
(a) The structure shall be set at the back of any required landscape
buffer.
(b) The structure shall not encroach into any required landscaped
area.
(b) Any required landscape buffers shall be graded with a 15
percent slope creating a berm that terminates in the screening wall.
(c) The structure must be 10 feet in height as measured from the
final grade of the landscaped berm.
(d) Live vegetation requirements in the landscape buffer shall be
increased to the following rates:
(1) Trees shall be provided at a minimum rate of one tree for
every 10 linear feet of property line and planted in groupings of 3
trees, with groupings spaced no more than 30 feet on center.
(2) Shrubs shall be provided at a minimum rate of 1 per 5 linear
feet of property line and spaced no more than 10 feet apart on center.
(6) Parking lots that abut a public street shall be buffered with:
(a) Live vegetation consisting of trees, shrubs and groundcover.
(b) All plant material used for parking lot buffers shall be managed
and/or maintained to provide clear views between 3 and 8 feet above the
ground surface.
25.75.050 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.
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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 6 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;
(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 6 feet. A gate or opening with a minimum 3 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 5 feet in height may be permitted within front
yards in the R-S-20 & 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 2 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
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integral part of the fence design and aesthetics and not used solely for
structural support may be visible from a public street;
0) 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 3 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, if an alternative fence material
is used such as masonry, wrought iron, wood, or combination there-of
then the fence must be 75 percent transparent and may be a maximum
6 feet in height, or a smaller, 75% transparent fence set upon a
maximum 3-foot wall or other structure not exceeding a combined height
of 6 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;
(1) 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 25.75.050(1)(j)
(m) 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 3
feet; No tree, as measured from its center, shall be located within 10 feet of a
street light standard, within 5 feet of a driveway or a fire hydrant;
(3) Commercial and Industrial Districts. (A) In addition to the
requirements contained in this chapter and unless specified otherwise in
Chapter 25.58.050, commercial and industrial zoned properties adjacent to
properties in less intense zoning districts shall have a 10 foot landscape buffer
on the side immediately adjacent to less intense zoning district.
(B) Landscape buffers in commercial and industrial districts shall
meet the following standards:
(1) Live vegetation within the landscape buffer shall be planted
with a mix of evergreen and deciduous trees and shrubs
interspersed throughout the landscape buffer.
(2) The live vegetation shall consist of 40 percent evergreen
trees.
(3) 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 3 trees, with groupings spaced no more than 50 feet on
center along each property line.
(4) Shrubs shall be provided at a minimum rate of 1 per 8
linear feet of property line and spaced no more than 16 feet apart on
center.
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(5) 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 Section 12.12.047; 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 ornamental stone.
25.75.060 SPECIAL DESIGN STANDARDS. In addition to the design
standards contained in 25.75.050 the following standards shall be required for
landscaping in the following areas:
(1) SANDIFUR PARKWAY STANDARDS. Properties abutting Sandifur
Parkway, from Broadmoor Boulevard to Road 68, shall at the time of
development or redevelopment as provided herein, landscape all areas between
the back of curb and the property line. This landscape area shall contain a 5
foot wide meandering sidewalk approved by the City Engineer. Every 140
linear feet of landscaped area shall contain one, 6 to 7 foot Colorado Blue
Spruce; three, 2 inch caliper Greenspire Linden, thirty-five, 15 to 18 inch tall
Blue Chip Juniper; twenty-six, 15 to 18 inch tall Goldstar Potentella; twenty-
four, 12 to 15 inch tall Dwarf Oregon Grape; and twenty-five, 18 to 42 inch tall
Dwarf Winged Euonymous. All but the Colorado Blue Spruce shall be on a 12
inch high berm between the curb and the sidewalk. Polyedging shall be used
at all turf and shrub bed borders. Except for the shrub bed areas and sidewalk
the remainder of the landscaped area shall be planted with lawn. An
automatic irrigation system shall be provided;
(2) BROADMOOR BOULEVARD STANDARDS. (A) Properties abutting
Broadmoor Boulevard from I-182 to Sandifur Parkway shall, at the time of
development or redevelopment, as provided herein, landscape the undeveloped
portion of the right-of-way. The landscaped design shall include a curvilinear
shrub bed containing seventy-seven, 2.5 inch caliper Columnar "Armstrong"
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Maple trees; one hundred fifty six, 15 to 18 inch wide Mugo Pine; and one
hundred ninety eight, 15 to 18 inch Dwarf Winged Euonymous. The remainder
of the area is to be planted with lawn and sixteen, 2.5 inch caliper
Thundercloud Plum trees. Polyedging shall be used at all lawn and shrub bed
borders. An automatic irrigation system shall be provided;
(B) Properties abutting Broadmoor Boulevard, from I-182 south to the
FCID right-of-way, shall at the time of development or redevelopment, as
provided herein, landscape the undeveloped portion of the right-of-way. The
landscaped design shall include a curvilinear 5 foot wide sidewalk and
alternating pattern of Amur Maple trees spaced every 50 feet. The remainder
of the area is to be planted with lawn. An automatic irrigation system shall be
provided;
(3) CHAPEL HILL BOULEVARD. Properties abutting Chapel Hill
Boulevard from Broadmoor Boulevard to Finnhorse Lane shall at the time of
development improve Chapel Hill Boulevard with a 12 foot landscaped median
containing Amur Maple trees every 50 feet. The remainder of the area is to be
planted with lawn. An automatic irrigation system shall be provided;
(4) SHELTER BELT. The Shelter Belt is a landscaped buffer identified
in the Comprehensive Plan that is to be located north of East Lewis Street and
east of Oregon Avenue. Commercial properties abutting the Shelter Belt shall
at the time of development or redevelopment as provided herein provide a
vegetative and structural screen between areas designated for future
commercial and residential land uses in the Comprehensive Plan. All
commercial properties abutting residentially designated lands shall provide a
15 foot landscaped area along the property line between the commercial
property and the future residential property. This landscaped area shall
contain 1 pine tree every forty linear feet, alternating with one Blue Chip
Juniper every forty feet. Other tree species may be planted as approved by the
Director of Administrative and Community Services;
(5) OREGON AVENUE. All properties fronting on Oregon Avenue shall
at the time of development or redevelopment as provided herein install lawn
with street trees every 50 feet in the required landscaping area on Oregon
Avenue. The lawn shall provide 100 percent coverage of the required
landscaped area; and
(6) PERPETUAL MAINTENANCE. The developer, the owner(s), their
agent(s) and assign(s)) of commercial or industrial property shall be responsible
for providing for the continued maintenance of all landscaped areas within the
public right-of-way. The developer of residential properties abutting major
streets requiring planting strips in the public right-of-way shall provide a
common area fee as determined through the platting process for the repair and
maintenance of said planting strips. The common area fees shall be deposited
in the Boulevard Perpetual Maintenance Fund account to cover the cost of
maintenance and repairs.
25.75.070 PARKING LOT LANDSCAPING. (1) The width of parking lot
buffers shall be dependant upon the location of the parking lot in relation to
the building and street right-of-way as follows:
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(a) Parking lots between the building and an arterial street shall
have a minimum buffer of 10 feet between the parking lot and the
property line.
(b) Parking lots between the building and local access streets and
alleys shall have a minimum buffer of 5 feet between the parking lot and
the property line.
(2) Interior parking area landscaping shall be provided within all
parking lots with 10 or more parking stalls for the purpose of reducing surface
water runoff, providing shade, and diminishing the visual impacts of large
paved areas. All other required buffers and setbacks shall not count toward the
interior parking lot landscaping requirements. Parking lots within Industrial
districts shall be excluded from any interior parking lot landscape requirement.
(a) All developments shall provide interior parking landscape
areas at the following rates:
(1) If parking lots have 10 to 30 parking stalls, then 20
square feet of interior parking landscape per parking stall shall be
provided.
(2) If parking lots have 31 to 50 parking stalls, then 25
square feet of interior parking landscape per parking stall shall be
provided.
(3) If parking lots have 51 or more parking stalls, then 30
square feet of interior parking landscape per parking stall shall be
provided.
(b) Interior parking lot landscape areas distributed as planting
islands or strips shall have an area of at least 100 square feet and with a
narrow dimension of no less than 5 feet in any direction.
(c) Priority for location of interior parking lot landscaping shall be:
(1) First at the interior ends of each parking bay in a
multiple lane parking area. This area shall be at least 5 feet wide
and shall extend the length of the adjacent parking stall. This area
shall contain at least one tree.
(2) Second with the remainder required square footage of
landscape area being equally distributed throughout the interior of
the parking lot either as islands between stalls or landscape strips
between the two rows of a parking bay or along the perimeter of
the parking lot. Interior landscape islands shall be at least 5 feet
wide and shall extend the length of the adjacent parking stalls.
Landscape strips must be a minimum 5 feet wide.
(d) Up to 100 percent of the trees required for the interior parking
lot landscape may be deciduous.
(3) All parking lot buffers, and interior parking lot landscape areas shall
be treated with a variety of landscape elements with no less than 65 percent of
said landscaped areas treated with live vegetation at the time of planting:
(4) Landscaped areas and buffers must be adequately protected from
damage by vehicles through the use of a permanent curbing.
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(5) Parking lots and the accompanying landscaping shall be
configured so that no parking stall shall be located more than 75 feet from the
edge of any interior parking lot landscape area.
(6) One tree shall be provided for every six (1:6) parking spaces
(7) Trees shall be evenly distributed throughout the interior parking
lot landscape.
(8) For all parking lots that contain greater than 400 parking stalls
pedestrian walkways shall be provided as follows:
(a) Pedestrian walkways within parking areas shall provide a
distinct linkage between a main entrance to the building and a
concentration of vehicle parking stalls.
(b) A minimum 5 foot wide, pedestrian connection shall be clearly
defined in a combination of 2 or more of the following ways (except
walkways crossing vehicular travel lanes):
(1) a 6 inch vertical curb in combination with a raised
walkway.
(2) a trellis, special railing, bollards, and/or other
architectural features to accent the walkway between parking
bays.
(3) special paving, such as concrete, or contrasting
surfacing, in an asphalt area.
(4) a continuous landscape area minimum of 4 feet wide
shall be provided on at least one side of the walkway.
25.75.080 STANDARDS FOR ALL LANDSCAPE AREAS.
(1) All new plants, except those planted on single family residential
properties, shall conform to American Nursery and Landscape Association
(ANLA) grades and standards as published in the "American Standard for
Nursery Stock" manual (ANSI Z60.1 or latest edition).
(2) Single-stemmed trees required pursuant to this chapter shall at the
time of planting conform to the following standards:
(a) Deciduous trees shall have a minimum caliper of 1.75 inches
and a height of 8 feet.
(b) Coniferous evergreen trees shall be at least 5 feet in height.
(3) Multi-stemmed trees shall be permitted as an option to single-
stemmed trees provided that such multi-stemmed trees are:
(a) At least 6 feet in height;
(b) Not allowed in street right-of-ways;
(4) When the width of any landscape strip, buffer and setback is 15 feet
or greater, the required trees shall be staggered in two or more rows.
(5) Shrubs shall be:
(a) At least an ANLA container class #2 (two-gallon) size at time of
planting,
(b) At least 18 inches in height at the time of planting,
(6) Shrubs within required parking lot landscape areas shall be
maintained at a height not exceeding 42 inches.
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(7) Live vegetation used as groundcovers shall be planted and spaced to
result in total coverage of the required landscape area in two years.
(8) Lawns shall be planted with grass species normally grown as
permanent lawn in Franklin County. Lawn areas may be sodded, sprigged, or
seeded, except that solid sod shall be used in commercial zones for swales or
other areas subject to erosion.
(9) Plant selection shall consider adaptability to climatic, hydrologic,
geologic, and topographical conditions of the site.
(10) Plants having similar water use characteristics shall be grouped
together in distinct hydrozones.
(11) Where the landscape materials used in required landscape areas
depend on regular watering for sustenance, a water-conserving, automatic or
drip irrigation system shall be provided.
(12) Lava rock shall not be permitted in any commercial landscaped
areas.
(13) Xeriscape areas may use alternate forms of irrigation, if part of an
approved xeriscape plan. In approving an area as a xeriscape area, the city
shall apply all or some of the following criteria:
(a) Analysis of the site considering such factors as slopes, drainage,
winds, and existing and proposed site improvements.
(b) Use of appropriate techniques for soil improvements to support
plant growth.
(c) Use of low water-demand or drought-resistant turf grasses and
plant materials.
(d) Use of mulches and other ground covers in planting areas that
cover soil, save moisture, and protect from soil erosion.
(e) Use of appropriate type of irrigation for each area of the
xeriscape landscape.
(q Use highly efficient irrigation systems, such as drip irrigation.
25.75.090 PLAN REQUIRED.
(A) Prior to issuance of building permits, two (2) copies of a site plan
shall be submitted to the Community Development Department for review for
consistency with the provisions of this chapter. The site development plan
must be drawn to scale and shall include the following:
(1) All relevant data regarding the existing site that will include
a vicinity map, location and name of existing adjacent streets, driveway
locations, walkways, property lines, and/or easements.
(2) Boundaries, dimensions, and size in acres of the site.
(3) Indication of adjoining use.
(4) Layout of all use areas within the site, including parking
areas and interior circulation areas, including truck circulation for
loading/unloading.
(5) Landscape Plan with:
(a) Identification of any existing trees or plantings that are to
remain on the site; existing trees should be identified according to caliper
and their common name. Existing trees and shrubs may be counted
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towards landscape requirement standards provided they are depicted on
the plan, retained in their location, and meet minimum standards for
plant health.
(b) Location of all proposed landscape areas including the
location of all landscape elements and the size, common name, scientific
name, spacing, and quantity of all live vegetation to be planted.
(6) Area in square feet and dimensions of individual and
collective landscape areas.
(7) Irrigation Plan showing the layout and type of all irrigation
systems.
(8) Location and description of all existing and proposed
structures such as buildings, berms, walls, fences, screens, storage
areas, street furniture including refuse containers, and lighting.
(9) Location of all existing and proposed utilities, vaults, and
boxes
(10) Schematic building elevations showing exterior building
walls.
(B) Excluding single-family residential districts and commercial
/industrial development with 10 parking spaces or less, landscape plans shall
be prepared by a Washington State registered landscape architect, Washington
State certified nurseryman, or Washington State certified landscaper.
(C) Excluding single-family residential districts and commercial
/industrial development with 10 parking spaces or less, an affidavit signed by
an individual specified in subsection B of this section, certifying that the site
landscaping has been installed consistent with the approved site landscape
plan, shall be submitted to the Community Development Department within
thirty (30) days of installation completion, unless the installed landscaping has
been inspected and accepted by the Economic & Community Development
Department.
(D) The required landscaping shall be installed to coincide with the
completion of the building. However, the time limit for compliance may be
extended to allow installation of such required landscaping during the next
appropriate planting season. For single family dwellings the landscaping must
be installed no later than three months after issuance of a certificate of
occupancy.
25.75.100 CONDITIONS OF APPROVAL. Upon receipt of a completed
building permit application the landscaping and site development plan shall be
forwarded to the Planning Office for review and approval.
25.75.110 MAINTENANCE - RESPONSIBILITY. All landscape and
screening required under this chapter shall be so maintained as to not detract
from the purpose of this chapter and shall be kept reasonably free of weeds
and trash. The owner, occupants and persons responsible for or having control
of the premises shall be responsible for such maintenance and said
maintenance shall at a minimum conform with the following:
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(1) The owners, their agents and assigns, are responsible for
providing, protecting, and permanently maintaining all landscaping material,
areas and plants required by this chapter in a healthy, growing condition,
replacing it when necessary, and keeping it free of refuse and debris;
(2) Dead or diseased plants must be replaced within 30 days of
notification, or as soon as practical in regard to freezing weather, or complex
situations involving removal and replacement of large trees;
(3) Plant material must not interfere with public utilities, restrict
pedestrian or vehicular access, or constitute a traffic hazard.
(4) All fencing, walls and other features used for screening purposes
shall be kept free of litter, debris and weeds.
25.75.120 PENALTY - ENFORCEMENT. Enforcement of the provisions of
this Title will occur through the use of the Code Enforcement Board procedures
contained in Title 11.
Section 11. This Ordinance shall take full force and effect five days
after its approval, passage and publication as required by law.
PASSED by the City Council of the City of. Pasco, Washington and
approved as provided by law this day of , 2006.
Joyce Olson
Mayor
ATTEST: APPROVED AS TO FORM:
Sandy L. Kenworthy Leland B. Kerr
Deputy City Clerk City Attorney
Properties improved to reflect a clear demonstration the intent of the property
owner was to beautify his/her front yard rather than providing a non growing
cover. Approved materials shall consist of washed rock, fracture basalt lava
rock, salmon rock, and similar rock that is typically used for landscaping
purpose shall be permitted. Rock used for road beds, septic tank drain fields,
rock that has not been maintained in a clean, rock that is silt in with dirt shall
not qualify yards with no ground cover will not qualify.
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Memorandum
For : City Council
To: Gary Crutchfield, City Manager
From: Dave McDonald, City Planner
Subject: Residential Lot Inventory
Date: March 23, 2006
At the last Council workshop, Staff indicated an inventory of residential
yards would be undertaken to identify the number of non-compliant lots
that would be affected by the proposed changes in the landscape code.
During the last two weeks, code enforcement personnel surveyed the City
using the new proposed "Applicability Non-conforming" section of the
code as a guide. Residential front yards that did not meet the 50% live
vegetation requirement, but had decorative rock that was not silted over
or did not contain patches of exposed soil, were identified as legal non-
conforming lots. On the other hand, lots that were totally devoid of live
vegetation or decorative rock or lots that had decorative rock that was
silted over and or had bare patches of soil were determined to be non-
compliant lots.
Code enforcement staff identified 82 legal non-conforming lots. Under
the proposed code, these non-conforming lots could continue to maintain
decorative rock as the primary landscape feature. However, if they fall in
to disrepair and are no longer maintained to secure legal non-conforming
status, they will be required to come into compliance with the code.
Of approximately 13,700 residential properties in the City, only 140 lots
were identified as lots that would not qualify for legal non-conforming
lots. These were lots that, for the most part, were totally devoid of any
landscaping or decorative rock in front yards. Twenty-one lots in this
category contained newly completed houses that had not completed any
landscaping. The number of non-conforming lots represents about
one percent (1%) of all residential lots in the City. When the newly
completed homes (those that have not had time to install landscaping)
are removed from the non-conforming list, the number of non-
conforming lots drops to eight/tenths of one percent (0.8%). A very
insignificant number compared to the total number of lots in the City.
Under the provisions of the proposed code, the non-conforming lots
would be given six (6) frost-free months to install necessary landscaping..
This essentially grants non-compliant property owners the spring,
summer, and fall months to place a minimal amount of landscaping in
front yards.
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Now that the inventory has been completed, all properties can be entered
into the TRAKIT system. The legal non-conforming properties can be
recorded as such, and the non-compliant properties can be processed for
compliance activity.
With the completed inventory in place, and the proposed code modified to
recognize legal non-conforming properties, Staff is now comfortable
recommending approval the proposed landscape code amendments. If
Council concurs, staff will prepare an ordinance for adoption at the
April 3rd Council meeting.
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AGENDA REPORT
FOR: City Council March 23,2006
TO: Gary Crutchfi Manager Workshop Mtg.: 3/27/06
Regular Mtg.: 4/3/06
FROM: Stan Strebel, i 's ve and Community
Services Direr
SUBJECT: PMC Amendments for Special Events and Related Admissions Tax
1. REFERENCE(S):
A. Proposed Ordinance
11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
3/27: Discussion
4/3: MOTION: I move to adopt Ordinance No. regarding special events and
admission tax therefor and to authorize publication by summary only.
111. FISCAL IMPACT:
Minor increase in revenue.
IV. HISTORY AND FACTS BRIEF:
A) A number of businesses in the community hold temporary special sales events, at
locations other than their normal place of business, from time to time. Staff reviews
applications for such events to determine that local codes are being met, that emergency
services can be provided and that businesses are properly licensed. The City has charged
a fee of$20 per vendor (capped at $500) for each unlicensed business participating in a
temporary sales event. Businesses currently licensed in the City are not charged a fee for
temporary sales.
B) The current definition of a temporary special sales event includes groups of 10 or more
vendors which leaves staff to conclude that special sales events involving less than 10
vendors are exempt. Large events with a single vendor can be of more impact than
smaller events with many vendors. In a sense, the vendor fee for temporary sales events
is a kind of temporary business license for the unlicensed business. If vendors, in groups
of less than 10, are able to conduct special sales events without a license/permit,they are
operating at an unfair advantage over currently licensed businesses in the City.
C) The attached ordinance changes the definitions and requirements for temporary sales
events to include all vendors. The fee for the first vendor is proposed to be increased to
$40 (in recognition of processing costs) while additional vendors are proposed to remain
at $20 each. Other language throughout the Special Events Chapter in the Municipal
Code is changed to accommodate this proposed change.
D) Additional housekeeping changes are proposed to clarify the responsibility for the
payment of admissions tax in association with special events (See sections 3.02.090,
5.25.030 and 5.25.060)
E) Finally, the language in section 5.25.010 is revised to clarify current practice regarding
special events permits for dances and concerts at TRAC (required) and to make the
provisions regarding temporary sales events more clear.
F) At the March 13d' meting when this item was first introduced, Mr. Brad Peck asked a
number of questions regarding the proposed ordinance and how his property would be
impacted. Staff has researched the questions asked and provided Mr. Peck with a letter
response.
G) Staff recommends adoption of the ordinance.
3(c)
ORDINANCE NO
AN ORDINANCE of the City of Pasco, amending certain Sections of the
Pasco Municipal Code regarding special events and admissions tax therefor.
WHEREAS, the City Council of the City of Pasco has determined that certain
amendments regarding special events and admissions tax are warranted;
NOW,THEREFORE,The City Council of the City of Pasco, Washington,
Does Ordain as Follows: (deletions by interlineations, additions by underlining)
Section 1. That Section 3.02.090 REMITTANCE OF TAX of the Pasco Municipal Code
is amended to read as follows:
I
3.02.090 REMITTANCE OF TAX. A) The tax collected under this chapter
shall be deemed held in trust until paid to the Finance Manager. Should a person
required to collect the admissions tax fail either to collect or remit the tax, the City shall
have a similar claim for the amount of the tax, plus interest as provided in this chapter,
against the proceeds of admissions charges received by such person.
B) Unless for a special event, or in a particular case, the Finance Manager
directs or authorizes a different procedure, each person required to collect the admissions
tax must file a tax return accompanied by remittance of the tax due bi-monthly, by the
fifteenth day of the month next following the end of each bi-monthly reporting period.
The Finance Manager shall prescribe the form and content of such tax returns. Whenever
it reasonably appears the collection of taxes due is in jeopardy, the Finance Manager,
after notice to the person collecting the tax, is authorized to require reporting and
payment of taxes due at any interval other than bi-monthly as the Finance Manager shall
deem appropriate under the circumstances. Bi-monthly reporting periods are as follows:
January-February; March-April; May-June; July-August; September-October; and
November-December. Corresponding admissions tax due dates are March 15th, May
15th, July 15th, September 15th, November 15th and January 15th. Those responsible for
special events for which admission is charged shall file a tax return accompanied by
remittance of admissions tax within 10 business days of the conclusion of the event.
Section 2. That Section 3.07.050 BUSINESS LICENSES of the Pasco Municipal Code is
amended to read as follows:
S) Special Events:
9) Temporary Special Sales Event— $28:00$40.00 for the 5.25.070
(maximum for event $500.00)-per first vendor
vie
1 Each additional vendor $20.00
Section 3. That Section 5.25.010 PERMIT REQUIRED of the Pasco Municipal Code is
amended to read as follows:
5.25.010 PERMIT REQUIRED. It shall be unlawful for any person or promoter
to initiate, conduct, promote, or participate in any public dance, dance hall, concert,
outdoor music festival, parade, demonstration, athletic or competitive event or temporary
special sales events on public or private roadways, sidewalks, parks or places within the
City until a Special Events Permit therefore has been secured. The following events are
exempt from the permit requirements imposed by this section, except that temporary
special sales events (either independent or as part of some larger special event) involving
one or more unlicensed business shall be required to file an application and pay the fees
per vendor for such sales event: Events conducted by Ppublic or private elementary,
secondary and college-level educational ems institutions held at such educational
Ev
facilities; eents, exempt tempoaar, spe-e-1--a1 sales events, at the Trade Recreation and
Agricultural Center (TRAC), except for dances and concerts, City-sponsored events, and
ongoing events either operating under a City permit or a business licensed in a facility
specifically designed for the purpose of that event, including but not limited to baseball
games at the baseball stadium, soccer matches at the City soccer fields, softball at the
City softball complex, and other similar events are exempt from this requirement. (Ord.
.3524 Sec. 4, 2001.)
Section 4. That Section 5.25.020 DEFINITIONS of the Pasco Municipal Code is
amended to read as follows:
5.25.020 DEFINITIONS. The following definitions shall apply to this Chapter:
J) "Temporary Special Sales Eve Location" means an area, open to the
public, wherein one or more vendors locate for the purpose of participating in
a temporary special sales event.
K) "Temporary Special Sales Event" means the congregation of a minifilu
ef ten (10) one or more vendors, who rent, lease, purchase or otherwise obtain a
temporary sales area &em ^r th..^,,, h a promote for the purpose of selling, bartering,
exchanging, trading or displaying goods or services at an event which is open to the
public for a period not to exceed ten (10) consecutive calendar days.
L) "Vendor" means any person, association, group, partnership, corporation
or firm who exhibits goods or services in a temporary special sales event location
, for the purpose of selling,
bartering, trading, exchanging or advertising such goods or services. (Ord. 3524 Sec. 4,
2001)
Section 5. That Section 5.25.030 APPLICATION of the Pasco Municipal Code is
amended with the addition of a new subsection to read as follows:
5.25.030 APPLICATION.
H) For events where admission is charged, the applicant shall furnish the
name and address of the individual responsible for the collection and payment of the
admission tax and the owner, lessee or custodian of the premises who shall be iointly and
severally liable to the City for collection and remittance of such tax as described in PMC
3.02.090 Admissions Tax-Remittance of Tax.
Section 6. That Section 5.25.060 CONCERTS, OUTDOOR MUSIC FESTIVALS AND
ATHLETIC OR COMPETITIVE EVENTS of the Pasco Municipal Cade is amended to
read as follows:
5.25.060 CONCERTS, OUTDOOR MUSIC FESTIVALS AND ATHLETIC OR
COMPETITIVE EVENTS.
A) In addition to the application required in Section 5.25.030 above, the
applicant for a concert, outdoor music festival, athletic or competitive event shall submit
an Event Facility Plan, which shall include the following:
1) The estimated number of customers, spectators or participants
expected to attend, the total number of tickets available for sale. The number of
tickets actually sold or distributed shall be provided to public safety officials 24
hours before the event. A statement identifying the individual entity liable for the
collection and payment of the City admissions tax.
Section 7. This ordinance shall take effect and be in force from and after its passage and
five days following its publication as required by law.
PASSED by the City Council of the City of Pasco at its regular meeting this
day of April 2006.
Joyce Olson, Mayor
ATTEST: APPROVED AS TO FORM:
Sandy L. Kenworthy, Deputy City Clerk Leland B. Kerr, City Attorney
CITY OF PASCO
SUMMARY OF ORDINANCE NO.
ORDINANCE NO. is an ordinance amending Sections 3.09.090, 3.07.050, 5.25.010,
5.25.020 and 5.25.060 of the Pasco Municipal Code regarding special events and related
admissions tax.
The full text of Ordinance No. is available free of charge to any person who requests it
from the City Clerk of the City of Pasco (509) 545-3402, PO Box 293, Pasco, Washington,
99301.
Sandy L. Kenworthy, Deputy City Clerk
AGENDA REPORT
FOR: City Council March 23, 2006
TO: Gary Crutchf Manager Workshop Mtg.: 3/27/06
Regular Mtg.: 413/06
FROM: Stan Strebel,,A strative and Community
Services D'
SUBJECT: Proposed Modifications to Hearing Examiner PMC Provision
I. REFERENCE(S):
A. Proposed Ordinance
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
3/27: Discussion
4/3: MOTION: I move to adopt Ordinance No. amending the Pasco
Municipal Code regarding the Hearing Examiner and further, to
authorize publication by summary only.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
A) In 1986 the City implemented a Hearing Examiner system for certain land use
decisions including variances and reviews of administrative actions. The authority
and procedures for the Hearing Examiner were originally adopted as part of the
Zoning Title of the Pasco Municipal Code.
B) Since the Hearing Examiner was first established, the Council has authorized
other hearings under this system, including those for vehicle impounds, animal
control determinations (wild or dangerous and potentially dangerous animals) and
criminal seizures and forfeitures. Due to the broadening of the scope of Hearing
Examiner authority, staff recommends that provisions governing the Hearing
Examiner be updated and placed in the Administrative Title of the Municipal
Code for more convenient access.
C) With additional reviews assigned to the Hearing Examiner, existing ordinances
are not always specific or consistent with respect to appeals of the decisions of the
Examiner. The original reviews assigned to the Hearing Examiner, land use
issues, were subject to appeal to the City Council (though staff notes that there has
never been such an appeal filed). Vehicle impound appeals are directed to the
court and animal control decision appeals are not specified. Staff recommends
that all appeals be handled uniformly, by filing with the Superior Court. The
proposed ordinance incorporates this language.
D) The attached ordinance creates a new Chapter 2.19 in the PMC Administrative
Title for the Hearing Examiner. The new chapter identifies each of the powers
delegated to the Hearing Examiner as well as procedures for hearings and appeals.
The ordinance also replaces the prior Hearing Officer language, Chapter 25.84 in
the Zoning Title, with specific language on land use hearings and procedures.
Finally, Section 23.07.070 is amended to direct SEPA (State Environmental
Policy Act) appeals to the Hearing Examiner as opposed to the City Council.
Staff recommends adoption of the ordinance.
3(d)
Ili
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington, Creating
Chapter 2.19 Entitled "Hearing Examiner" Expanding and Relocating the
Provisions for the Office of Hearing Examiner; Adopting Chapter 25.84
Entitled "Land Use Hearings by Examiner"; and Amending Section
23.07.070 "Appeals"
WHEREAS, the City of Pasco has pursuant to RCW 35A.63.170, adopted a hearing
examiner system for the hearing of land use applications; and
WHEREAS, the City has a need, and historically has used the hearing examiner for the
hearing of appeals of administrative decisions or determinations of such additional areas as
animal control, vehicle impoundment decisions and criminal forfeiture proceedings; and
WHEREAS, the present provisions for the hearing examiner are located within the
zoning code (PMC Title 25); and
WHEREAS, it would be beneficial to relocate the provisions in regard to the hearing
examiner to the administrative portions of the Municipal Code and to clarify the authorization of
the hearing examiner to hear appeals of additional administrative decisions,the provisions for the
hearing examiner should be moved from the zoning code to the general administration portions
of the Municipal Code,NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON,DO HEREBY
ORDAIN AS FOLLOWS:
Section 1. That a new Chapter 2.19 entitled "Hearing Examiner" of the Pasco
Municipal Code shall be and hereby is enacted and shall read as follows:
CHAPTI✓R 2.19
HEARING EXAMINER
Sections
2.19.010 Purpose.
2.19.020 Creation of Hearing Examiner
2.19.030 Appointment and Terms.
2.19.040 Qualifications. -
2.19.050 Freedom from Improper Influence.
2.19.060 Conflict of Interest.
2.19.070 Rules.
2.19.080 Powers.
2.19.090 Public Hearing.
2.19.100 Examiner's Decision.
Ordinance- 1
2.19.110 Notice of Examiner's Decision.
2.19.120 Appeal from Examiner's Decision.
2.19.010 PURPOSE. The purpose of this Chapter is to establish a hearing
examiner system for the application of land use regulatory controls, appeal of administrative
determinations and decisions and including those administrative decisions and determinations
made pursuant to Chapter 43.21C RC W (SEPA), animal code appeals, vehicle and personal
property forfeiture hearings, vehicle impoundment hearings, and such other determinations and
appeals as be required by the City and permitted by law. This system is adopted to:
A) Insure procedural due process and appearance of fairness in administrative and
regulatory hearings.
B) Provide an efficient and effective decision making and appellate system which
integrates the public hearing and decision-making process.
2.19.020 CREATION OF HEARING EXAMINER. The office of Pasco Hearing
Examiner, hereinafter referred to as "examiner" is hereby created. The examiner or examiners
shall interpret, review, and implement land use regulations, conduct hearings thereon; hear and
determine appeals of administrative decisions and determinations, including appeals of
administrative decisions or determinations pursuant to 43.21C RCW (SEPA); animal code
appeals, vehicle and personal property forfeiture hearings, vehicle impoundment hearings, and
such other determinations and appeals as be required by the City and permitted by law, or
imposed by other ordinances of the City of Pasco.
2.19.030 APPOINTMENT AND TERMS. The City Manager may appoint one or
more examiners for renewable terms of one (1) year; however, said appointment may be
terminated by either party upon sixty (60) days advanced notice. Such appointments may be
made by professional service contract. Examiners may also be contracted to serve on an as-
needed basis.
2.19.040 QUALIFICATIONS. Examiners shall be appointed solely with regard to
their qualifications for the duties of their office and will have such training and experience as
will qualify them to conduct administrative or quasi-judicial hearings on regulatory enactments
and to discharge the other functions conferred upon them. Examiners shall hold no other elective
or appointed office or position in the City of Pasco.
2.19.050 FREEDOM FROM IMPROPER INFLUENCE. No person shall attempt
to influence an examiner in any manner pending before him, except publicly at a public hearing
duly called for such purpose, or to interfere with an examiner in the performance of his duties in
any other way; PROVIDED, that this Section shall not prohibit the City Attorney from rendering
legal services to the examiner.
2.19.060 CONFLICT OF INTEREST. No examiner shall conduct or participate in
any open record hearing, decision or recommendation in which the examiner has a direct or
Ordinance-2
indirect substantial financial or family interest, or concern in which the examiner has had
substantial prehearing contacts with proponents or opponents wherein the issues were discussed.
Nor, on appeal from or review of an examiner's decision, shall any member of the City Council
who has such an interest or who has had such contacts participate in the consideration thereof.
This is not intended to prohibit necessary or proper inquiries on matters such as scheduling, but
any such contacts are to be entered into the official record of the hearing. Whenever possible,
such inquiries and the responses to such inquiries shall be in writing.
2.19.070 RULES. The examiner shall have the power to prescribe rules for the
scheduling and conduct of hearings and other procedural matters related to the duties of his
office. Such rules shall provide for rebuttal, and may authorize the examiner to limit the time
allowed to parties testifying on an equal basis, and time limits on rebutting. Any person desiring
to question other parties testifying at the hearing shall direct such questions to the examiner, who
shall rule on whether or not such questions are to be answered and who shall answer them.
2.19.080 POWERS. The examiner shall receive and examine available
information, conduct public hearings and prepare a record thereof, and enter decisions as
provided for herein. The examiner, subject to the appropriate conditions and safeguards as
provided by the Pasco Municipal Code, shall hear and decide:
A) Land use decisions including variances, review of administrative actions, waiver
of violations, extension of use on border of district, and administrative exceptions as provided in
PMC 25.84.020.
B) Administrative Decisions. Appeals of administrative decisions or determinations
may be heard by the examiner as directed by the City Manager, City Council or by Ordinance.
C) SEPA Appeals. Appeals of administrative decisions and determinations made
pursuant to Chapter 43.21C RCW may be heard by the examiner.
D) Vehicle Impounds. The examiner shall conduct vehicle impound hearings as
provided in PMC Chapter 10.18.
E) Criminal Seizure and Forfeiture Hearings. The examiner may, as designee of the
Chief Law Enforcement Officer of the City of Pasco, conduct seizure and forfeiture hearings as
provided in RCW 10.105.010.
F) Animal Code - - Wild or Potentially Dangerous and Dangerous Animals. The
examiner shall hear the appeal of any owner of an animal determined by the Poundmaster to be a
dangerous or potentially dangerous animal as provided in Chapter 8.02 of the Pasco Municipal
Code.
G) Other Powers. In the performance of duties prescribed by this Chapter or other
ordinances, examiners may:
Ordinance-3
1) Administer oaths and affirmations, examine witnesses, rule upon offers of
proof, receive relevant evidence, and conduct discovery procedures which may include
propounding interrogatories and taking oral depositions pursuant to Washington State
Court Rules; PROVIDED, that no person shall be compelled to divulge information
which he could not be compelled to divulge in a court of law.
2) Upon the request of any other party, or upon his own volition, issue, and
cause to be served subpoenas to the attendance of witnesses and for production of
examination of any books, records, or other information in the possession or under the
control of any witness; PROVIDED, that such subpoenas shall state the name and address
of the witness sought, and if for production of books, documents or things, shall
specifically identify the same and the relevance thereof to the issues involved.
3) Regulate the course of the hearing in accordance with this and other
applicable ordinances.
4) Hold conferences for the settlement or simplification of the issues by
consent of the parties.
5) Dispose of procedural requests or similar matters.
6) Take any other action authorized by ordinance. In case of failure or
refusal without lawful excuse of any person duly subpoenaed to attend pursuant to said
subpoena, or to be sworn, or to answer any material and proper question, or to produce
upon reasonable notice any material of proper books or records or other information in
his possession and under his control, the examiner may invoke the aid of the City
Attorney who shall apply to the appropriate court for an order or other court action
necessary to secure enforcement of the subpoena.
7) The examiner is hereby empowered to act in lieu of the Board of
Adjustment, and such officials, boards or commissions as may be assigned. Wherever
existing ordinances, codes or policies authorize or direct the Board of Adjustment, or
other officials, boards or commissions to undertake certain activities which the examiner
has been assigned, such ordinances, codes or policies shall be construed to refer to the
examiner.
2.19.090 PUBLIC HEARING. Prior to rendering a decision, the examiner shall
hold an open record public hearing thereon with proper notice according to the procedures for
hearing notification as prescribed.
Such notice shall include an invitation to any interested parties to submit information in
writing in advance of the hearing if unable to be present at the hearing, and an invitation to
review any information submitted during the seven (7) days preceding the hearing. The
examiner presiding at the hearing shall admit and give probative affect to evidence which
possesses probative value commonly accepted by reasonably prudent men in the conduct of their
Ordinance-4
affairs and shall give affect to the rules of privilege recognized by law. All evidence including
records and documents in the possession of the City which the examiner desires to consider shall
be offered and made a part of the record. After all interested parties have had an opportunity to
speak, in accordance with the examiner's rules for conducting a hearing, the examiner shall either
close the hearing, continue the hearing to a specified date, or invite additional testimony
restricted only to issues which, in the opinion of the examiner, there is need for additional
testimony, and thereafter the hearing shall be closed or continued to a specified date. A
continuing hearing to a specified date may be restricted to testimony or evidence on specific
aspects of the case. No additional information may be submitted after the close of the hearing,
unless, in the opinion of the examiner, additional opportunity for testimony is warranted. In such
case, the hearing may be re-opened upon seven (7) days written notice to all parties who
participated at the first hearing.
Once legal notice has been given, no matter shall be postponed over the objection of any
interested party, except for good cause shown. Continuances may be granted at the discretion of
the examiner: PROVIDED,, interested parties in attendance shall be given an opportunity to
testify prior to the continuance. The applicant shall be given opportunity to testify prior to the
continuance. The applicant shall pay an amount equal to one-half(1/2) the original application
fee for any hearing postponed or continued by request of the applicants after legal notice has
been given: PROVIDED, that this requirement shall not apply where the request is based upon
new information presented at the hearing.
2.19.100 EXAMINER'S DECISION. The examiner shall render a written decision
within ten (10)working days of the conclusion of a hearing, unless a longer period is agreed to in
writing by the applicant. The decision shall include at least the following:
A) Findings of Fact and Conclusions of Law based upon and supported by the record.
B) A decision and/or order based upon the findings granting, conditionally granting,
or denying the relief requested.
C) A statement that the decision will become final in twenty-one (2 1) calendar days
unless appealed to the Franklin County Superior Court, together with a description of the appeal
procedure.
2.19.110 NOTICE OF EXAMINER'S DECISION. Not later than three (3) working
days following the rendering of a written decision, copies thereof shall be mailed to the applicant
and to the other parties of record in the case_ "Parties of record" shall include the applicant and
all other persons who specifically request notice of decision by signing a register provided for
such purpose at the public hearing, or otherwise provide written request for such notice.
2,19.120 APPEAL FROM EXAMINER'S DECISION. Except for impound
hearing decisions provided in PMC 10.18.045, where appeals shall be to the Pasco Municipal
Court, all other decisions of the hearing examiner shall be final and conclusive unless a timely
appeal thereof is filed with the Superior Court of Franklin County by an aggrieved party within
Ordinance-5
twenty-one (21) calendar days from the date of issuance of the decision in the manner required
by law.
Section 2. That Section 23.07.070 entitled "Appeals" of the Pasco Municipal Code
shall be and hereby is amended and shall read as follows:
23.07.070 APPEALS.
(a) Except for permits and variances issued pursuant to RCW 90.58 (Shoreline
Management Act), when any nonexempt action, not requiring a decision of the City Council, is
conditioned or denied on the basis of SEPA by a nonelected official, the decision may be
appealed to the City Cotmefl.Hearing Examiner.
(b) Such appeal may be perfected by the proponent or an aggrieved party by giving
notice to the responsible official. Appeals on threshold determinations shall be filed within
twenty-one (21) days or prior to the lapse of any comment period on a threshold determination
under WAC 197-11-340(2). All other appeals shall be filed within twenty-one (21) days.
(1) The appeal shall be filed in writing and shall contain the name and address
of the person filing the appeal and the name of the organization or agency represented, if
any.
(2) The appeal shall set forth the specific reason, rationale, and/or basis for the
appeal.
(3) Payment of the appeal fee in the amount of$200.00 shall occur at the time
the appeal is filed.
(c) if the appeal has been timely filed and complies with the requirements of (b)
above, the City Couneil Hearing Examiner shall conduct an open appeal hearing into the merits
of the appeal at which time the Civil Hearing Examiner shall hear and receive testimony,
documentary evidence, and arguments from the appellant(s) solely on the issues raised or
identified by the appeal.
(1) The person(s) filing the appeal shall have the burden of going forward
with the evidence and the ultimate burden of persuasion.
(2) Notice of any open appeal hearing held pursuant to this section shall be
provided as specified in Section 22.88.015.
(3) The Civil Hearing Examiner may continue the open appeal hearing
from time-to-time without further mail or delivered notice.
(4) The City Gouneil Hearing Examiner shall maintain an electronic record of
the testimony and arguments presented and a record of any physical evidence/documents
Ordinance-6
presented.
(5) The veil Hearing Examiner's decision shall be rendered within
ten (10) working days of the conclusion of an open appeal hearing unless a longer period
is agreed to by the appellant. This will be the effective date of the decision.
(6) The !'pit„ Ceuneil Hearing Examiner's decision shall include findings of
fact and conclusions in support of the decision.
(7) The City Couneil Hearing Examiner's decision under this section may be
to grant or deny the appeal in whole or in part, or to remand the threshold determination
to the responsible official for reconsideration.
(8) Appeal hearings held by the City Cetineil Hearing Examiner pursuant to
this section shall be de novo.
(9) The City C,,unei' Hearing Examiner's decision shall become final unless
appealed by an aggrieved party within twenty-one (21) working days from the effective
date of the decision.
(d) Appeal of the final decision of the City Getmeil Hearing Examiner under this
section shall be to the Superior Court of Franklin County. (Ord. 2886 Sec. 1 (part), 1992.)
(e) SUBSTANTIAL WEIGHT ACCORDED RESPONSIBLE OFFICIAL. The
procedural determinations may be the City's responsible official shall carry substantial weight in
any appeal proceeding under this chapter.
(f) RECORD. For any appeal to Superior Court under this chapter, the City shall
provide for a record that shall consist of the following:
(1) Findings and conclusions;
(2) Testimony under oath; and
(3) A taped or written transcript, the cost of which shall be borne by the
appellant.
(g) EXHAUSION OF REMEDIES. SEPA appeal procedures, as provided herein,
must be utilized prior to judicial review of the SEPA decision. (Ord. 3297, Sec. 8, 1988; Ord.
2512 Sec. i (part), 1984,)
Section 3. That Chapter 25.84 entitled "Hearing Examiner System" of the Pasco
Municipal Code shall be and hereby is repealed in its entirety and replaced in its entirety as
stated in Section 4 of this Ordinance below.
Ordinance-7
Section 4. That a new Chapter 25.84 entitled "Land Use Hearings by Examiner" of
the Pasco Municipal Code shall be and hereby is adopted and shall read as follows:
CHAPTER 25.84
LAND USE HEARINGS BY EXAMINER
Sections
25.84.010 Purpose.
25.84.020 Land Use Decision Authority.
25.84.030 Land Use Application
25.84.040 Report of Community Development Department for Land Use
Application.
25.84.010 PURPOSE. The purpose of this Chapter is to establish a system of
applying land use regulatory controls which will best satisfy the following basic needs:
A) To assure procedural due process and appearance of fairness in certain land use
regulatory hearings; and
B) To provide an efficient and effective land use regulatory system, which integrates
the public hearing and decision-making process for certain land use matters by adopting a
hearing examiner system as provided by RCW 35.63.130 in accordance with Chapter 2.19 of this
Code.
25.84.020 LAND USE DECISION AUTHORITY. The hearing examiner shall
receive and examine available information, conduct public hearings, and prepare a record
thereof, and enter findings of fact, conclusions and a decision as provided for herein. The
hearing examiner shall hear and decide the following land use decisions:
A) Variances. Applications for variances from the terms of this Title; PROVIDED,
that any variance granted shall be subject to such conditions as will assure that the adjustment
thereby authorized shall not constitute a grant of special privilege inconsistent with the
limitations upon other properties in the vicinity and zoning which the subject property is situated,
and that the following circumstances are found to apply:
1) Because of special circumstances applicable to the subject property,
including size, shape, topography, location of surroundings, the strict application of the
zoning ordinance is found to deprive subject property of rights and privileges enjoyed by
other properties in the vicinity and under identical zone classification.
2) That the granting of the variance will not be materially detrimental to the
public welfare or injurious to the property or improvements in the vicinity and zone in
which the subject property is situated.
Ordinance-8
3) The special circumstances applicable to the subject property were not
created through the action(s) of the applicant or any predecessor in interest.
B) Review- Administrative Action. Appeals may be heard by the examiner, where it
is alleged by the applicant that there is error in any order, requirement, permit, decision or
determination made by the City Planner in the administration or enforcement of this Title.
Where the street or lot Iay out actually on the ground, or as recorded, are different from the street
and lot lines as shown on the zoning map, the examiner, after notice to the owners of the
property, and after public hearings, shall interpret the map in such a way as to carry out the intent
and purposes of this Title. In case of any questions as to the location of any boundary line
between zoning districts, a request for interpretation of the zoning map may be made to the
examiner, and a determination shall be made by the examiner.
C) Waiver of Violations. Recognizing the fact that a building may be erected in
good faith with every intent to comply with the provisions of this Title in respect to the location
of the building upon the lot and the size and location of required yards, and that it may later be
determined that such building does not comply in every detail with such requirements, although
not violating the spirit or intent of the zoning ordinance, the examiner may issue a waiver of
violation subject to such conditions as will safeguard the public health, safety, convenience and
general welfare.
D) Extension of Use on Border of District. The examiner may hear and approve the
extension of a use or building into a more restricted zone classification immediately adjacent
thereto, but not more than thirty (30) feet beyond the dividing line of the two (2) zone
classifications, and under such conditions as will safeguard development in the more restricted
district.
E) Administrative Exceptions. An administrative exception not to exceed one (1)
foot of any dimensional standard pertinent to front yard, side yard, rear yard, flanking street, and
building line may be granted by administrative action of the examiner without public hearing and
without posting or public notices.
25.84.030 LAND USE APPLICATION. Applications for permits or approvals
within the jurisdiction of the hearing examiner shall be presented to the City Planner. The City
Planner shall accept such applications only if applicable filing requirements are met. The City
Planner shall be responsible for assigning a date for and assuring due notice of public hearing for
each application, which date and notice shall be in accordance with the statute or ordinance
governing the application.
25.84.040 REPORT OF COMMUNITY DEVELOPMENT DEPARTMENT FOR
LAND USE APPLICATION. For any land use issue coming before the examiner, the
Department of Community Development shall coordinate and assemble the reviews of other City
Departments, governmental agencies, and other interested parties and shall prepare a report
summarizing the factors involved and the department's finding and recommendations. At least
seven (7) calendar days prior to the scheduled hearing, the report shall be filed with the examiner
Ordinance-9
and copies thereof shall be mailed to the applicant and made available for public inspection.
Copies thereof shall be provided to interested parties upon payment of reproduction costs. In the
event that information to be provided by the applicant or other parties outside of City control has
not been provided in sufficient time for filing seven (7) days in advance of the hearing, the
Community Development Department may reschedule the hearing and notify interested parties.
Section 5. This Ordinance shall take full force and effect five (5) days after its
approval, passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington and approved as
provided by law this day of , 2006.
Joyce Olson
Mayor
ATTEST: APPROVED AS TO FORM:
Webster U. Jackson Leland B. Kerr
City Clerk City Attorney
Ordinance- 10
CITY OF PASCO
SUMMARY OF ORDINANCE NO.
ORDINANCE NO. is an ordinance creating Chapter 2.19 of the Pasco
Municipal Code entitled "Hearing Examiner" and Expanding and Relocating the Provisions for
the Office of Hearing Examiner and Adopting Chapter 25.84 Entitled "Land Use Hearings by
Examiner".
Section 1. Establishes Chapter 2.19 entitled"Hearing Examiner".
Section 2. Amends Section 23.07.070 entitled"Appeals".
Section 3. Repeals Chapter 25.84 entitled"Hearing Examiner System".
Section 4. Creates Chapter 25.84 entitled"Land Use Hearings by Examiner".
Section 5. Provides for an effective date 5 days after publication.
The full text of Ordinance No. is available free of charge to any person who
requests it from the City Clerk of the City of Pasco (509) 545-3402, PO Box 293, Pasco,
Washington, 99301.
Sandy L. Kenworthy, Deputy City Clerk
AGENDA REPORT NO. 22
FOR: City Council Date: March 22, 2006
TO: Gary Crutchft ty anager Workshop: 3/27/06
Regular: 4/3/06
FROM: Richard J. Smith, Director
Community & Economic Development
SUBJECT: Administration of Surcharge Funds for Housing Programs
I. REFERENCE(S):
A. Draft Inter-local Cooperation Agreement
B. March 7, 2006 Comment Letter
Il. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
3/27/06: DISCUSSION
4/3/06: MOTION: I move to approve the Inter-local Cooperation
Agreement with Franklin County, Connell, Mesa and Kahlotus for
the purpose of administering HB 2060 generated surcharge funds
for housing programs and, further, authorize the Mayor to sign
the Agreement.
III. FISCAL IMPACT
None.
IV. HISTORY AND FACTS BRIEF:
A. In a February 27, 2006 workshop, the City Council reviewed a draft
Inter-local Agreement for the administration of surcharge funds. Council
comments were submitted in a March 7, 2006 letter (see Exhibit B).
B. A revised draft of the Inter-local was prepared in response to the City's
letter.
V. DISCUSSION:
A. Under the terms of the attached Inter-local Agreement the Benton-
Franklin Community Action Committee (CAC) would administer the
program. All projects would have to benefit very low income people
(income at or below 50% of median). The selection of projects would be
done by an "Oversight Committee." There is a termination clause which
allows any party to terminate the agreement upon 90 days written notice.
B. The revised Inter-local Agreement addresses remaining City concerns
which were noted in the March 7th comment letter. These concerns, in
essence, consist of a need to identify criteria for funding competing
proposals, ensuring that projects are endorsed by the jurisdiction in
which they are located and ensuring that Pasco's level of representation
on the Oversight Committee better reflects the number of people living in
the City.
C. Section 8 of the Agreement has been modified to give Pasco four of the
eight places on the Oversight Committee which will be responsible for the
distribution of surcharge funds.
D. Section 9(a) has been expanded to include criteria for the award of funds.
These criteria include an endorsement by the relevant local government.
E. Staff recommends that the modified Agreement be approved.
3(e)
Attachment A
INTERLOCAL COOPERATION AGREEMENT (AGREEMENT) BETWEEN FRANKLIN COUNTY AND
THE CITIES OF PASCO, CONNELL, MESA, AND KAHLOTUS FOR THE PURPOSE OF
ADMINISTERING HB 2060 GENERATED SURCHARGE FUNDS FOR HOUSING PROGRAMS FOR
EXTREMELY TO VERY LOW INCOME PERSONS THROUGHOUT FRANKLIN COUNTY
THIS AGREEMENT is entered into between Franklin County, and the Cities of Pasco, Connell,
Mesa, and Kahlotus (hereinafter also "Cities") for the purpose of creating an Interlocal Agreement for the
use of funds created through the surcharge on specific documents recorded through the Franklin County
Auditor's Office to fund housing programs for extremely low income and very low income persons
throughout Franklin County.
Sec. 1. Purpose: The purpose of this Agreement shall be to provide for the administration and
expenditure of funds generated from the recording surcharge authorized under the provisions of
Substitute House Bill 2060 (2002) and RCW 36.22.178.
Sec. 2. Parties: The parties (hereinafter "Parties") to this Agreement shall be Franklin County, a
Washington municipal corporation; with it's principle offices located at 1016 North Fourth Avenue, Pasco,
Washington; the City of Pasco, a Washington municipal corporation; with it's principle offices located at
525 North Third, Pasco, Washington; the City of Connell, a Washington municipal corporation; with it's
principle offices located at 104 E. Adams Street, Connell, Washington; the City of Mesa, a Washington
municipal corporation; with it's principle offices located at 103 Franklin Street, Mesa, Washington; the City
of Kahlotus, a Washington municipal corporation; with it's principle offices located at E. 130 Weston,
Kahlotus,Washington.
Sec. 3. County Auditor to Charge and Collect Surcharge: The Franklin County Auditor shall require
and collect a surcharge of ten dollars ($10.00) per instrument be charged for each document recorded
per RCW 36.22.178(1).
Sec.4. C ollection, Administration, a nd D istribution F ee (hereinafter"Administrative F ee") F or
Each Surcharge: As authorized by RCW 36.18.010(11) and RCW 36.22.178(1) Franklin County shall
retain five percent (5.0%) of the full amount of each recording surcharge collected pursuant to said
Agreement for use towards fees in the collection, administration, and local distribution of the surcharge
funds.
Seca 5. Use of Administrative Fee:
The collected Administrative Fee(s) shall only be used to compensate the Benton Franklin Community
Action Committee (BFCAC) for its administration and local distribution of surcharge funds consistent with
the uses and terms specified in said Agreement.
INTERLOCAL COOPERATION AGREEMENT BETWEEN FRANKLIN COUNTY
AND THE CITIES OF PASCO, CONNELL, MESA,AND KAHLOTUS FOR THE
PURPOSE OF ADMINISTERING HB 2060 GENERATED SURCHARGE FUNDS
FOR HOUSING PROGRAMS FOR EXTREMELY TO VERY LOW INCOME PERSONS
THROUGHOUT FRANKLIN COUNTY
Page 1 of 9
Sec. 6. Allocation and Distribution of Surcharge Funds Remaining After Administrative Fee
Deduction: Franklin County shall allocate and distribute the surcharge funds remaining after the
Administrative Fee deduction as follows:
(a) Sixty percent (60.0%) of the funds shall be deposited in the Local Housing Trust
Fund.
(b) Forty percent (40.0%) of the funds shall be transmitted monthly to the
Washington State Treasurer.
Sec. 7. Use of Surcharge Funds Deposited in the Local Housing Trust Fund: The surcharge funds
deposited in the Local Housing T rust F and s hail b e u sed f or h ousing p rojects o r u nits w ithin housing
projects that are affordable to very low-income persons with incomes at or below fifty percent (50.0%) of
the area median income. Permissible uses of the collected surcharge funds are limited to:
(a) Acquisition, construction, or rehabilitation of housing projects or units within
housing projects that are affordable to very low-income persons with incomes at
or below fifty percent(50.0%)of the area median income;
(b) Supporting building operation and maintenance costs of housing projects or units
within housing projects built with housing trust funds, that are affordable to very
low-income persons with incomes at or below fifty percent (50.0%) of the area
median income, and that require a supplement to rent income to cover ongoing
operating expenses;
(c) Rental assistance vouchers for housing projects or units within housing projects
that are affordable to very low-income persons with incomes at or below fifty
percent (50.0%) of the area median income, to be administered by a local public
housing authority or other local organization that has an existing rental
assistance voucher program, consistent with the United State department of
housing and urban development's section 8 rental assistance voucher program
standards, and
(d) Operating costs for emergency shelters and licensed overnight youth shelters.
Surcharge funds in the Local Housing Trust Fund shall be retained therein from year to year and shall be
used only for the purposes stated in said Agreement. The Franklin County Treasurer shall maintain the
Local Housing Trust Fund and may invest the fund according to law. The Local Housing Trust Fund shall
be subject to Chapter 36.40 RCW budgetary regulations.
Sec. 8. Oversight Committee: The parties to said agreement shall agree to the organization, size, and
appointment of members to the Oversight Committee. The BFCAC shall provide the Oversight
Committee with complete access to all records pertaining to applicants and surcharge funds governed by
said Agreement. The Oversight Committee shall at a minimum meet semi-annually and provide
recommendations to all Parties, including the BFCAC, in regards to project review, analysis, and
administration and local distribution of surcharge funds.
(a) The Oversight Committee shall be composed of eight (8) representatives to be
appointed by the Cities and Franklin County. More specifically:
1. The City of Pasco shall appoint four(4) representatives,
2. Franklin County shall appoint one (1) representative of the rural area,
3. The Cities of Connell, Kahlotus, and Mesa shall appoint one (1)
representative each to the Committee for a maximum of three (3).
INTERLOCAL COOPERATION AGREEMENT BETWEEN FRANKLIN COUNTY
AND THE CITIES OF PASCO, CONNELL, MESA,AND KAHLOTUS FOR THE
PURPOSE OF ADMINISTERING HB 2060 GENERATED SURCHARGE FUNDS
FOR HOUSING PROGRAMS FOR EXTREMELY TO VERY LOW INCOME PERSONS
THROUGHOUT FRANKLIN COUNTY
Page 2 of 9
Sec. 9. Process for Local Distribution/Use of Surcharge Funds in the Local Housing Trust Fund:
In effort to accommodate housing needs throughout Franklin County and the Cities, all Parties to said
Agreement hereby agree and designate the BFCAC as a contract agency to carry out the administration
and local distribution of surcharge funds in the Local Housing Trust Fund. The BFCAC's administration
and local distribution of surcharge funds in the Local Housing Trust Fund shall be monitored and
approved by the Parties' appointed Oversight Committee. All local distributions of surcharge funds shall
require Oversight Committee approval prior to distribution. The process to determine administration and
local distribution of surcharge funds shall be as follows:
(a) The BFCAC shall develop and issue a Request for Proposal (RFP)semi-annually
based on funding availability. The Oversight Committee shall consider written
application (s)or request (s)for the awarding of surcharge funds semi-annually
using the following criteria:
1. Conformance with the local Consolidated and Comprehensive Plans,
2. Consider the impact the project request has upon the tax base of the local
community,
3. Amount of additional funds leveraged by the use of surcharge funds,
4. Number of household served under at or below 50% of median income,
5. Endorsement of the project by the local governing body for which the project
is located.
(b) BFCAC shall accept for review all written application(s) or request(s) for
awarding of surcharge funds towards a project or use authorized by said
Agreement. The BFCAC shall be designated to process and review all the
aforementioned written application(s)or request(s).
(c) Any and all submitted written application(s) or request(s) to the BFCAC must
make request for a use(s) of surcharge funds that is fully in compliance with the
specified and permissible uses of RCW 36.22.178(1)(a)-(d) and said Agreement,
and additionally shall be in compliance with all other applicable laws or
regulations to receive final approval and awarding of funds by the Oversight
Committee.
(d) The BFCAC shall consider written application(s) or request(s) for awarding of
surcharge funds then make both oral and written recommendation to the
Oversight Committee in regards to administration and local distribution of
surcharge funds.
(e) The BFCAC shall submit written recommendations to the Oversight Committee
on a semi-annual basis. BFCAC written recommendations shall include sufficient
detail regarding the applicants, proposed uses/distributions of surcharge funds,
project updates, etc.
(f) The Oversight Committee shall convene at minimum semi-annually to consider
BFCAC recommendations regarding administration and local distribution of
surcharge funds. A representative from BFCAC familiar with all applicants and
proposed uses/distributions of surcharge funds shall be present throughout each
meeting of the Oversight Committee to advise on the aforementioned.
(g) A majority vote of approval by a quorum of the Oversight Committee membership
shall be required to approve administration and/or local awarding/distribution of
surcharge funds to an applicant(s).
(h) The Franklin County Treasurer shall provide notice of funds available in the Local
Housing T rust F and t o the B FCAC, t he O versight C ommittee, a nd t he P arties
upon request.
(i) All applicants awarded surcharge funds shall be subject to, and comply with,
applicable BFCAC policies and procedures as a prerequisite to receiving funds.
INTERLOCAL COOPERATION AGREEMENT BETWEEN FRANKLIN COUNTY
AND THE CITIES OF PASCO, CONNELL, MESA,AND KAHLOTUS FOR THE
PURPOSE OF ADMINISTERING HB 2060 GENERATED SURCHARGE FUNDS
FOR HOUSING PROGRAMS FOR EXTREMELY TO VERY LOW INCOME PERSONS
THROUGHOUT FRANKLIN COUNTY
Page 3 of 9
{j) Once the Oversight Committee has determined the local awarding/distribution of
surcharge funds the Oversight Committee shall submit written authorization and
instruction to the Franklin County Treasurer for release of the funds per the
Oversight Committee's direction.
(k) All applicants who are awarded surcharge funds may be subject to performance
reporting requirements.
(1) The BFCAC shall provide all Parties and the Oversight Committee an annual
written summary of the surcharge funds awarded/distributed under said
Agreement on or before January 15th, and each succeeding year thereafter.
(m) BFCAC shall receive financial compensation in the form of United States
Currency to carry out the terms of said Agreement by separate contract.
(n) No surcharge funds from the Local Housing Trust Fund shall be used to
compensate the BFCAC for administration, as use of such funds is limited to the
terms of Section 7 and RCW 36.22.178.
Sec. 10. Property Acquisition: Property acquired with funds disbursed under said Agreement shall be
acquired by each applicant/recipient as individual entities and/or parties, and not by Parties to said
Agreement as a joint or cooperative undertaking.
Sec. 11, Duration: The term of said Agreement shall be for five (5) years from the date of execution
unless any party elects to terminate the Agreement. Upon completion of the five (5) year period said
Agreement shall be deemed automatically renewed for consecutive five (5) year periods thereafter unless
any party elects to terminate the Agreement.
Sec. 12. Termination: Notwithstanding any other provision of said Agreement, any party may terminate
said Agreement anytime upon ninety(90)days written notice of intent to terminate, with the termination to
become effective upon expiration of ninety (90) days from the notice of termination date. Such notice of
termination shall be by formal written action of the elected governing body of the terminating party and
shall be provided to all Parties subject to said Agreement. Termination date shall be the date upon which
the elected governing body of the terminating party took formal action to terminate said Agreement.
Sec. 13. Notice: Any formal notice or communication to be given under said Agreement shall be
deemed properly given, if delivered, of if mailed postage prepaid and addressed to the following:
To: FRANKLIN COUNTY To: CITY OF PASCO
Attn: County Administrator Attn: Joyce Olson, Mayor
1016 North 4th Avenue 525 North Third
Pasco, WA 99301 Pasco, WA 999301
To: CITY OF CONNELL To: CITY OF MESA
Attn: Gary Walton, Mayor Attn: Patti Bailie, Mayor
104 E Adams Street/P O Box 1200 103 Franklin Street/P O Box 146
Connell, WA 99326-1200 Mesa, WA 99343
To: CITY OF KAHLOTUS To: BFCAC
Attn: Richard Halverson, Mayor Attn: Judith A. Gidley, Executive Director
E 130 Weston/P O Box 100 720 West Court Street
Kahlotus,WA 99335 Pasco, WA 99301
INTERLOCAL COOPERATION AGREEMENT BETWEEN FRANKLIN COUNTY
AND THE CITIES OF PASCO, CONNELL, MESA,AND KAHLOTUS FOR THE
PURPOSE OF ADMINISTERING HB 2060 GENERATED SURCHARGE FUNDS
FOR HOUSING PROGRAMS FOR EXTREMELY TO VERY LOW INCOME PERSONS
THROUGHOUT FRANKLIN COUNTY
Page 4 of 9
Sec. 14. Independent Contractors: The Parties and their employees or agents performing under said
Agreement are not deemed to be employees, officers, or agents of the other parties to said Agreement
and shall be considered independent contractors.
Sec. 15. Record Keeping: The BFCAC shall maintain books, records, documents, and other evidence
that properly reflect all costs of any nature expended in the performance of said Agreement. Such
records shall reflect financial procedures and practices, participant records, statistical records, property
and materials records, and supporting documentation. These records shall be subject at all reasonable
times to review and audit by the parties to said Agreement, the Office of the Washington State Auditor,
and other officials so authorized by law.
Sec. 16. Non-Discrimination: All Parties to said Agreement certify that they are equal opportunity
employers.
Sec. 17. Liability: Each party to said Agreement shall assume the risk of, be liable for, and pay all
damage, loss, cost and expense of its officers, officials, and employees arising out of any duty performed,
or not performed, while acting in good faith within the scope of said Agreement.
Sec. 18. No Third-Party Beneficiaries: The Parties to said Agreement do not intend by said
Agreement to assume any contractual obligations to anyone other than the parties to said Agreement.
The parties do not intend that there be any third-party beneficiaries.
Sec. 19. Assignment: No Parties to said Agreement shall have the right to transfer or assign, in whole
or in part, any or all of its obligations and rights hereunder without the prior written consent of the other
parties.
Sec. 20. Amendments or Modifications: Said Agreement may be amended, altered, or changed in any
manner by the mutual written consent of all parties.
Sec. 21. Waiver: No waiver by any party of any term or condition of said Agreement shall be deemed or
construed to constitute a waiver of any other term or condition or of any subsequent breach, whether of
the same or a different provision of said Agreement.
Sec. 22. Severability: If any of the provisions contained in said Agreement are held illegal, invalid, or
unenforceable, the remaining provisions shall continue in full force and effect.
Sec. 23. Administrator Designee for Said Interlocal Cooperation Agreement: The Board of Franklin
County Commissioners is designated as the administrator responsible for overseeing and administering
said Agreement, which provides for a joint and cooperative undertaking.
Sec. 24. Counterparts: Said Agreement may be executed by facsimile and in any number of current
parts and signature pages hereof with the same affect as if all parties to said Agreement had all signed
the same document. All executed current parts shall be construed together, and shall, together with the
text of said Agreement, constitute one and the same instrument.
Sec. 25. Filing: Copies of said Agreement, together with the resolutions of all the Parties' governing
bodies' approval and ratification of said Agreement, shall be filed with City Clerks' Offices, the Franklin
County Auditor, and the Secretary of the State of Washington after execution of said Agreement by all
parties.
Sec. 26. Effective: Said Agreement shall become effective upon approval by the parties and recording
with the Franklin County Auditor.
INTERLOCAL COOPERATION AGREEMENT BETWEEN FRANKLIN COUNTY
AND THE CITIES OF PASCO, CONNELL, MESA,AND KAHLOTUS FOR THE
PURPOSE OF ADMINISTERING HB 2060 GENERATED SURCHARGE FUNDS
FOR HOUSING PROGRAMS FOR EXTREMELY TO VERY LOW INCOME PERSONS
THROUGHOUT FRANKLIN COUNTY
Page 5 of 9
Adopted this day of 2006.
BOARD OF COUNTY COMMISSIONERS
FRANKLIN COUNTY,WASHINGTON
Neva J. Corkrum, Chairman
Robert E. Koch, Chair Pro Tem
Frank H. Brock, Member
ATTEST:
Clerk of the Board
APPROVED AS TO FORM:
Ryan E. Verhulp
Deputy Prosecuting Attorney
CITY OF CONNELL
Gary Walton, Mayor
Attest:
Joan Eckman, City Clerk
Approved as to Form:
Terry Tanner, City Attorney
INTERLOCAL COOPERATION AGREEMENT BETWEEN FRANKLIN COUNTY
AND THE CITIES OF PASCO, CONNELL, MESA,AND KAHLOTUS FOR THE
PURPOSE OF ADMINISTERING HB 2060 GENERATED SURCHARGE FUNDS
FOR HOUSING PROGRAMS FOR EXTREMELY TO VERY LOW INCOME PERSONS
THROUGHOUT FRANKLIN COUNTY
Page 6 of 9
CITY OF KAHIOTUS
Donna Fone, Mayor
Attest:
Sharon McCaleb, City Clerk
Approved as to Form:
Alan Gunter, City Attorney
INTERLOCAL COOPERATION AGREEMENT BETWEEN FRANKLIN COUNTY
AND THE CITIES OF PASCO, CONNELL, MESA,AND KAHLOTUS FOR THE
PURPOSE OF ADMINISTERING HB 2060 GENERATED SURCHARGE FUNDS
FOR HOUSING PROGRAMS FOR EXTREMELY TO VERY LOW INCOME PERSONS
THROUGHOUT FRANKLIN COUNTY
Page 7 of 9
CITY OF MESA
Patti Bailie, Mayor
Attest:
Teresa Standridge, City Clerk
Approved as to Form:
Terry Tanner, City Attorney
INTERLOCAL COOPERATION AGREEMENT BETWEEN FRANKLIN COUNTY
AND THE CITIES OF PASCO, CONNELL, MESA,AND KAHLOTUS FOR THE
PURPOSE OF ADMINISTERING HB 2060 GENERATED SURCHARGE FUNDS
FOR HOUSING PROGRAMS FOR EXTREMELY TO VERY LOW INCOME PERSONS
THROUGHOUT FRANKLIN COUNTY
Page 8 of 9
CITY OF PASCO
Joyce Olson, Mayor
Attest:
Webster U. Jackson, City Clerk
Approved as to Form:
Leland B. Kerr, City Attorney
df
INTERLOCAL COOPERATION AGREEMENT BETWEEN FRANKLIN COUNTY
AND THE CITIES OF PASCO, CONNELL, MESA,AND KAHLOTUS FOR THE
PURPOSE OF ADMINISTERING HB 2060 GENERATED SURCHARGE FUNDS
FOR HOUSING PROGRAMS FOR EXTREMELY TO VERY LOW INCOME PERSONS
THROUGHOUT FRANKLIN COUNTY
Page 9 of 9
Attachment B
1 f � , CITY MANAGER (509) 545-3404 / Fax (509) 545-3403
P.O.Box 293 (525 North 3rd Avenue) Pasco,Washington 99301
March 7, 2006
Neva J. Corkrum, Chair
Franklin County Board of Commissioners
1016 N 4 1 Avenue
Pasco, WA 99301-3706
Subject: Interlocal Cooperation Agreement for Surcharge Funds
Dear Commissioner Corkrum:
I am writing in response to a February 3, 2006 letter from the County Commissioners asking the
City to review an Interlocal Cooperative Agreement for the purpose of administering HB 2060
Generated Surcharge Funds.
The City Council reviewed the Interlocal at a February 27, 2006 workshop. The Interlocal
contains a number of modifications that addressed concerns identified in our August 30, 2005
comment letters. However, the Council is still concerned that the membership of the Oversight
Committee has not been identified and that there are no specific criteria for the evaluation of
competing proposals.
We are suggesting that two changes be made to Section 8 (Note: there are two Section 8's). More
specifically:
A. The first Section 8 (a-n) should include criteria to evaluate competing proposals.
Proposals for funding should be evaluated on the basis of the following criteria:
1) Conformance with local Consolidated and Comprehensive Plans.
2) Impact of the project upon the tax base of the local community.
3) Amount of other funds leveraged by use of the surcharge funds.
4) Number of households assisted.
5) Endorsement of the project by the local government.
B. The second Section 8 should be modified to state that"The Oversight Committee shall be
composed of representatives appointed by each City and one County representative.
Cities shall appoint one representative for each 10,000 people in their jurisdiction: except
that each City shall have at least one representative."
Commissioner Corkrum
March 7, 2006
RE: Interlocal Cooperation Agreement for Surcharge Funds
Page 2
Under this scenario, Pasco with a population of 44,000 would have four appointments.
The other cities and the county would have a total of four representatives, for a
committee total of eight.
Please consider incorporation of the foregoing changes; we believe they address Pasco's
concerns without harming the interests of the other jurisdictions. If you have any questions or
desire to discuss these matters, please call me or Richard J. Smith, Community & Economic
Development Director, at (509) 545-3441.
Sin r y,
G ry Crutc eld
ity Manager
GC/tlz
GC/RS/tlz
cc: City Council
chard J Smith, Community & Economic Development Director
I
I
AGENDA REPORT
TO: City Council March 23, 2006
FROM: Gary Crutch Manager Workshop Mtg.: 3/27/06
SUBJECT: Business Lice se Late Fee
I. REFERENCE(S):
II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
3/27: Discussion
11I. FISCAL IMPACT:
Negligible
IV. HISTORY AND FACTS BRIEF:
A) The city's business license fee structure has always included a "late fee." Historically,
the late fee was a flat $15 for each late license fee; it was increased to $30 in 1999, when
the base business license fee was increased from $33.75 to $75. While the late fee has
generally represented 50% of the "base" business license, it was, in fact, a fixed late
penalty (in other words, if a business had a business license fee of$300, the late fee was
still only $30).
B) Through several code amendments over the course of the past several years (in an effort
to "streamline" the various fee structures), the late penalty fee for rental license was
increased from $15 to $30, representing 100% of the base rental license fee. If a Pasco
citizen who owns 14 rental units (individual locations) was late obtaining their rental
license for 2006, the code, if applied in the fashion interpreted, would have doubled the
individual's license fee (from $420 to $840) for being two days late.
C) Pasco's neighboring cities (Kennewick and Richland) each have a late payment fee in
place. Richland imposes a $40 flat fee, while Kennewick imposes a fee equal to 50% of
the respective business license fee (potentially hundreds of dollars).
D) The existence of a late fee should represent two objectives. First, the fee should be
substantial enough to work as an incentive for timely payment of the annual fee.
Second, it should cover the additional cost associated with collection efforts.
V. DISCUSSION:
A) The late payment fee, as currently fixed at $30, seems reasonable with respect to the
two appropriate objectives, when it is applied to "base" business license fees ($75 and
up). However, when applied to the rental license ($30 for each location), it can quickly
become disproportionate.
B) A more reasonable and, thus, late fee penalty for rental licenses could be similar to the
following:
■ A separate, flat penalty for rental licenses fixed at the greater of$15 or 20% of the
total fee due for all units licensed to the same party (whether it is an individual or a
corporation).
C) Rental licensing ranges from a minimum of $30 (one house) to about $650 (large
apartment complex). Under the suggested solution, the historical $15 flat fee would be
restored but the percentage application would assure that a substantially larger fee would
have more incentive to remit payment on time (the primary objective). With Council's
concurrence, an appropriate ordinance can be drafted to amend the code and resolve this
conflict. 3(f)
AGENDA REPORT
TO: City Council March 23, 2006
FROM: Gary Crutch f Manager Workshop Mtg.: 3/27/06
SUBJECT: Qwest Refund f Property Tax
I. REFERENCE(S):
1. Memorandum to City Manager from Administrative & Community Services Director
dated 3/14/06
2. Letter to City Manager from Franklin County Treasurer dated 2/23/06
IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
3/27: Discussion
III. FISCAL IMPACT:
$23,000 reduction in 2006 property tax income (general fund)
IV. HISTORY AND FACTS BRIEF:
A) As noted in the attachments, Qwest (telephone company) was successful in
convincing the state court that it had been required to pay too much in property tax
during the years 2002--2005, due to inflated tax values assigned to its real property
(equipment). Through the court's action, each affected county (Franklin County is
one of several) must refund a specific portion of property taxes previously paid by
Qwest, together with appropriate interest; those figures have been calculated to
represent a cost to the City of Pasco of$22,917.27.
B) It is the apparent intention of most of the effected counties to include a"refund levy"
on everyone's property tax bill in 2007. The purpose of the refund levy is to recover
from all the other property tax payers, the funds returned to Qwest in 2006.
Technically, the refund levy is warranted in order to properly distribute the recovery
of the taxes required to be refunded to Qwest.
V. DISCUSSION:
A) The purpose of this agenda report is two-fold: 1) to advise the City Council of the
requirement to refund nearly $23,000 of property tax income this year; and 2) to gain
the Council's position regarding the necessity to include a "refund levy" in 2007. As
reflected in the County Treasurer's letter, the refund to Qwest is mandatory.
Withholding the funds from the city's 2006 distribution, however, will unnecessarily
distort the record of the city's property tax receipts. Rather than reduce the city's
2006 property tax receipts by the amount of the refund ($23,000), I would suggest
that the city remit by check the refund amount to the county for payment to Qwest;
the county would then release 100% of the 2006 property tax receipts to the city this
year.
B) The second matter presents a larger policy issue. Specifically, should the city
require the balance of property tax payers to make up the loss of property tax dollars
occasioned by the refund requirement for Qwest? As noted above, if the value of
Qwest's real property had been lower in those tax years (2002-2005), then the city's
levy would have been applied to a lower total value and each of the tax payers would
have been required to pay a slightly higher levy amount, thus avoiding any loss of
property tax revenue to the city (this analysis is true for each of the taxing districts
receiving property tax). However, given the fact that the refund represents a one-
time loss (not an on-going one) and the city's general fund ending balance is able to
absorb such a one-time loss at this point in time, staff recommends the city forego
the option of participating in a "refund levy" in 2007. With Council concurrence, the
Franklin County Treasurer will be so advised to avoid the city's participation in that
particular levy next year. 3(g)
x
MAR 1 5 2006
MEMORANDUMI't
TO: Gary Crutchfield, City Manager
cc: Jim Chase, Finance Services Manager
FROM: Stan StrebeoKZ§istrative and Community Services Director
DATE: March 14, 2006
RE: Qwest Refund of Taxes Paid
We recently received the attached letter from the County Treasurer informing us of a court
decision ordering the counties in the state to refund some $14 million in property tax payments to
Qwest. Qwest was successful in convincing the court that, due to emerging wireless technology
and much of its own equipment being outdated, its property, based apparently on an income
approach, was assessed too much. However, because the taxes (year 2002—2005) have been
paid under protest,the court ordered tax refunds through the Treasurers as opposed to the more
common route of setting decreased valuations through the County Assessors.
The City's pro rata share of the total refund is $22,917.27 (the letter is in error by $4.26)which
Jim Chase has suggested be withheld from the April tax distribution to the City.
For the 2007 tax year, as indicated, the County will establish a refund levy which could be
applied City-wide on taxable property to recover the cost of the refund. Thus the City will have
the same access to the tax dollars if it desires to accept the refund levy.
FRANKLIN COUNTY TREASURER
Tiffany L. Coffland, Treasurer
f
t� PAS.CO CITY HALL
FECEIVE0
FED 2, 7 2006
February 23, 2006
CITY I1ANA^,ER'S
City of Pasco OFFICE
Attention: Gary Crutchfield
P 0 Box 293
Pasco, WA 99301
RE: Qwest Refund
Since 2002 Qwest has been paying their property tax under protest. Due to their protest action, a judgment
has been served to those affected counties. An agreement between the Washington State Department of Revenue
and Qwest was reached in December of 2005 with the judgment served to the county on January 26, 2006.
The settlement proposal will result in a 13 percent refund of property taxes paid by Qwest plus interest for
the 2002 to 2005 years.
The refund is in accordance with RCW 84.68. The total amount due for your district estimates a payment
date of June 1, 2006. The County will create a fund to receive payments from each district so that a warrant can be
drawn for the full amount of the refund plus interest.
Since the estimated date of payment for this judgment is June 1, 2006,your portion of the judgment shall
be required to reach the Treasurer's office no later than May 5, 2006. Your dist't may choose to pay the amount
in full or by agreement between the district and the County; funds may b Itt eld:from the April 2006 tax
distribution for your district.
For the year 2007,the County will establish a refund levy so that each district will recoup the amounts paid
under this judgment.
Your districts total amount due under this judgment his X22.;921.521" A spreadsheet showing the calculations
for each year is attached with a copy of the judgment.
Please call Tiffany Coffland or Marie Schultz at(509)545-3518 to arrange method of payment or with any
questions you may have.
Respectfully,
C 2%�Tiffa L. C Hand
Franklin County Treasurer
enclosures
1016 North 40'Avenue—Pasco,WA 99301 —(509)545-3518 fax(509)545-2136
www.co.fi-anklin.wa.us
AGENDA REPORT
FOR: City Council Date: March 24, 2006
TO: Gary Crutchfi Manager Workshop Mtg.: March 27, 2006
FROM: Denis Austin, ief of Police Regular Mtg.: April 3, 2006
SUBJECT: 2006 Justice Assistance Grant
I. REFERENCE:
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
03/27: Discussion
04/03: CONDUCT A PUBLIC HEARING
MOTION: I move to authorize the application for 2006 Justice Assistance Grant
funding to expand the.services of the Domestic Violence Response
Unit.
III. FISCAL IMPACT:
City Funds—No required match for Federal funds
Federal Funds-- $12,543
IV. HISTORY AND FACTS BRIEF:
A) The Pasco Police Department is requesting permission to apply for $12,543 from the
2006 Justice Assistance Grant (JAG) funding to expand the services of the Domestic
Violence Response Unit. The grant is a joint award for the City of Pasco and
Franklin County. The Franklin County Prosecutor and Sheriff have indicated a desire
to have the City administer the grant funding. The 2006 JAG funding will enhance
the department program by providing training for officers and volunteers, along with
community education in the form of public service announcements, educational
materials, and information from national and regional campaigns. A portion of the
grant funding would be used to provide domestic violence victims with temporary
emergency shelter and/or transportation through a victims' assistance fund. The
Sheriff's Office personnel will receive domestic violence response training with
Pasco Police personnel.
B) This particular Federal grant opportunity requires the conduct of a public hearing so
as to receive public input into the proposed uses for the grant. Given the funding
application deadline is April 19, staff has taken the liberty to advertise the conduct of
a public hearing at the April 3 City Council meeting. Following conduct of the
hearing, the City Council can make the final determination as to the use of the grant
funding and authorize the application to be submitted.
3(h)