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HomeMy WebLinkAbout2006.04.03 Council Meeting Packet AGENDA PASCO CITY COUNCIL Regular Meeting 7:00 p.m. April 3, 2006 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance. 3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Councilmembers or the public, the item may be removed from the Consent Agenda to the Regular Agenda and considered separately. (a) Approval of Minutes: 1. Minutes of the Pasco City Council Meeting dated March 20,2006. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) 1. To approve General Claims in the amount of$2,344,336.57 ($88,340.76 being in the form of Wire Transfer Nos. 4509 and 4512 and, $2,255,995.81 consisting of Claim Warrants numbered 153830 through 154073). 2. To approve Payroll Claims in the amount of $2,101,394.88, Voucher Nos. 34278 through 34433; and EFT Deposit Nos. 30009251 through 30009960. (c) Appointments to Code Enforcement Board: (NO WRITTEN MATERIAL ON AGENDA) To appoint Dwayne Speer to Position No. 1 (expiration date 01/07); Lisa Geming to Position No. 3; to reappoint Norma Chavez to Position No. 4; and to appoint Mary Gutierrez to Position No. 5 (expiration date 01/08). (d) 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. To approve the Interlocal Cooperation Agreement with Franklin County, Connell, Mesa and Kahlotus for the purpose of administering HB 2060 generated surcharge fiends for housing programs and, further, authorize the Mayor to sign the agreement. *(e) Resolution No. 2943, a Resolution fixing the time and date for a public hearing to consider the vacation of the north/south alley in Block 4 AM Wehe's Addition. 1. Agenda Report from David I. McDonald,City Planner dated March 20, 2006. 2. Proposed Resolution and Vicinity Map. 3. Vacation Petition. To approve Resolution No. 2943, fixing 7:00 p.m., May 1, 2006 as the time and date for a public hearing to consider the proposed vacation. (RQ MOTION: I move to approve the Consent Agenda as read. 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) (b) (c) 5. VISITORS-OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES AND/OR OFFICERS: (a) Verbal Reports from Councilmembers. (b) (c) Regular Meeting 2 April 3,2005 7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (a) 2006 Justice Assistance Grant: 1. Agenda Report from Denis Austin, Chief of Police dated March 24,2006. 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. 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS: Q*(a) Rezone (Appeal) R-T to R-S-1 for 133 Acres between Desert Plateau & I-182 (Al Angelo Company) (MF#05-181-Z): 1. Agenda Report from David I. McDonald, City Planner dated March 29, 2006. 2. Appeal Petition. 3. Staff Memo in Response to Appeal Petition. 4. Rezone Application. 5. SEPA Materials. 6. Correspondence. 7. Reports to Planning Commission: dated 1/9/06 and 2/16/06. 8. Planning Commission Transcript: dated 1/19/06. 9. Planning Commission Transcript: dated 2/16/06. 10. Rezone Ordinance. NOTE: references and attachments are provided in Council packets only; copies available in the Planning Office and at the Pasco Library for public review. CONDUCT A CLOSED RECORD HEARING Rezone Motion for Approval: MOTION A (Motion for Findings): I move to adopt the findings of fact and conclusions therefrom as contained in the staff report to the Planning Commission. MOTION B (Motion on Rezone). Based on the findings of fact and conclusions therefrom, as adopted, I move to approve Ordinance No. , rezoning the property from R-T to R- S-1 and, further, authorize publication by summary only. Rezone Motion for Denial: MOTION for Findings: If the Council determines the evidence supports denial of the rezone, specific findings must be enumerated by motion. MOTION on Rezone: Based on the findings of fact as adopted, I move to deny the Al Angelo Company request for a rezone. (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. 1. Agenda Report from David I. McDonald,City Planner dated March 22, 2006. 2. Proposed Ordinance. 3. Results of Landscape Inventory. 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. (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. 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated March 29, 2006. 2. Proposed Ordinance. MOTION: I move to adopt Ordinance No. , regarding special events and admission tax therefor and, further,to authorize publication by summary only. (d) 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." 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated March 29, 2006. 2. Proposed Ordinance. 3. Letter to Town of Woodway from Michael Walter, Attorney for WCIA (4/00) (Council packets only). MOTION: I move to adopt Ordinance No. , amending the Pasco Municipal Code regarding the Hearing Examiner and, further,to authorize publication by summary only. Regular Meeting 3 April 3,2005 (e) Ordinance No. , an Ordinance of the City of Pasco, Washington amending Section 5.04.190 "Late Payment Fee" and Section 3.07.050 "Business Licenses" of the Pasco Municipal Code. 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated March 29, 2006. 2. Proposed Ordinance. MOTION: I move to adopt Ordinance No. , amending Pasco Municipal Code Sections 5.04.190 and 3.07.050 regarding rental license late payment fees and, further, to authorize publication by summary only. *(f) Resolution No. , a Resolution establishing primary goals of the City of Pasco for the ensuing calendar years 2006-2007. 1. Agenda Report from Gary Crutchfield, City Manager dated March 31,2006. 2. Proposed Resolution. MOTION: I move to approve Resolution No. , establishing primary goals for the city for calendar years 2006-2007. 9. UNFINISHED BUSINESS: (None) 10. NEW BUSINESS: *(a) Reject SR 395/Court Street Pedestrian Overpass Crossing Bid: 1. Agenda Report from Robert J. Alberts,Public Works Director dated March 28, 2006. 2. Letter Agreement with Dennis Poland. MOTION: I move to reject the bid received from Ray Poland& Sons, Inc., for the SR 395/Court Street Pedestrian Overpass Crossing on October 26, 2005. *(b) Award Road 88 Sewer Line Extension Phase I Project No. 05-1-14: 1. Agenda Report from Doug Bramlette, City Engineer dated March 29,2006. 2. Vicinity Map. 3. Bid Summary. (RQ MOTION: I move to award the low bid for the Road 88 Sewer Line Extension Phase 1, Project No. 05-1-14 to Ray Poland and Sons for the total amount $227,009.44 and, further, authorize the Mayor to sign the contract documents. Q*(c) Special Permit - Placement of Cell Antennas on new Road 76 Water Tower (US Cellular) (MF#SP06-002): 1. Agenda Report from David I. McDonald, City Planner dated March 29, 2006. 2. Report to Planning Commission. 3. Planning Commission Minutes: dated 2/16/06&3/16/06. MOTION: I move to approve the special permit for the location of wireless communication equipment on the new water tower located at Road 76 and Sandifur Parkway as recommended by the Planning Commission. Q*(d) Special Permit - Car Lot in a C-1 Zone at the NE corner of 28th and Sylvester (Butch Lindstrom) (MF#SP06-003): 1. Agenda Report from David I. McDonald, City Planner dated March 29, 2006. 2. Report to Planning Commission. 3. Planning Commission Minutes: dated 2/16/06 and 3/16/06. MOTION: I move to approve the special permit for the location of a car sales lot on the northeast corner of 28`h Avenue and Sylvester Street as recommended by the Planning Commission. Q*(e) Special Permit-Powder Coating and Sandblasting Shop in a C-3 Zone(Ron McGuire) (104 S. Tacoma Ave.)(MF#SP06-004): 1. Agenda Report from David I. McDonald, City Planner dated March 29, 2006. 2. Report to Planning Commission. 3. Planning Commission Minutes: dated 2/16/06 and 3/16/06. MOTION: I move to approve the special permit for the location of a powder coating and sandblasting shop at 104 S. Tacoma as recommended by the Planning Commission. Q*(f) Special Permit-Location of a Community Service Facility Level 1 at 723 W. Clark(Center for Sharing)(MF#05-118-SP): 1. Agenda Report from David I. McDonald, City Planner dated March 29, 2006. 2. Report to Planning Commission. 3. Planning Commission Minutes: dated 2/16/06 and 3/16/06. MOTION: I move to approve the special permit for the location of a Community Service Facility Level 1 at 723 W. Clark Street as recommended by the Planning Commission. Regular Meeting 4 April 3,2005 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) (b) (c) 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File#...... Q Quasi-Judicial Matter REMINDERS: 1. 1:30 p.m.,Monday,April 3, KGH—Emergency Medical Services Board Meeting. (COUNCILMEMBER TOM LARSEN,Rep.;JOE JACKSON,Alt.) 2. 12:00 p.m., Wednesday, April 5, 1135 E. Hillsboro Street— Franklin County Mosquito Control District Board Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; JOE JACKSON,Alt.) 3. 12:00 p.m., Thursday, April 6, Applebee's — Luncheon meeting with Mayor Beaver and Mayor Welch. (MAYOR JOYCE OLSON) 4. 6:00 p.m., Thursday, April 6, Senior Center—Parks & Recreation Advisory Council Meeting and Public meeting (note time and location change). (COUNCILMEMBER REBECCA FRANCIK, Rep.; MIKE GARRISON,Alt.) MINUTES REGULAR MEETING PASCO CITY COUNCIL MARCH 20, 2006 CALL TO ORDER The meeting was called to order at 7:00 p.m. by Joyce Olson, Mayor. ROLL CALL: Councilmembers present: Rebecca Francik, Michael Garrison, Robert Hoffmann, Joe Jackson, Tom Larsen, Joyce Olson, and Matt Watkins. Staff present: Gary Crutchfield, City Manager; Leland B. Kerr, City Attorney; Stan Strebel, Administrative & Community Services Director; Richard Smith, Community & Economic Dev. Director; Bob Alberts, Public Works Director; David McDonald, City Planner; Doug Bramlette, City Engineer; Denis Austin, Police Chief; and Elden Buerkle, Management Assistant. The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA: (a) Approval of Minutes: Minutes of the Pasco City Council Meeting dated March 6, 2006. Minutes of the Special City Council Meeting dated March 13, 2006. (b) Bills and Communications: To approve General Claims in the amount of$1,210,333.50 ($72,914.70 being in the form of Wire Transfer Nos. 4504 and 4507 and, $1,137,418.80 consisting of Claim Warrants numbered 153573 through 153829). To approve bad debt write-offs for utility billing, ambulance, miscellaneous, cemetery, code enforcement and Municipal Court non-criminal, criminal and parking accounts receivable in the total amount of$239,737.16 and, of that amount, authorize $174,160.95 be turned over for collection. (c) Final Plat—River Shore Estates Phase 3 (Thomas & Salina Savage) (MF#05- 171-FP): To approve the final plat for River Shore Estates Phase 3. MOTION: Mr. Watkins moved to approve the Consent Agenda as read. Mr. Jackson seconded. Motion carried by unanimous Roll Call vote. VISITORS - OTHER THAN AGENDA ITEMS: Mr. Al Yenney, 900 N. Avery, suggested using a projection clock on the new water tower. REPORTS FROM COMMITTEES AND/OR OFFICERS: Mr. Watkins reported he attended the Order of Amaranth Annual Session. Mr. Hoffmann attended the Good Roads Association Board Meeting. NEW BUSINESS: Award 2006 Crack Sealing Project No. 06-3-02: 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL MARCH 20, 2006 MOTION: Mr. Garrison moved to award the low bid for the 2006 Crack Sealing Project No. 06-3-02 to Pavement Surface Control for the total amount of$54,455.00 and, further, authorize the Mayor to sign the contract documents. Mr. Jackson seconded. Motion carried by unanimous Roll Call vote. Award Road 68 & Wrigley Traffic Signal Project No. 05-5-24: MOTION: Mr. Watkins moved to award the low bid for the Road 68 & Wrigley Traffic Signal Project No. 05-5-24 to Sierra Electric for the total amount of$136,002.10 and, further, authorize the Mayor to sign the contract documents. Mr. Jackson seconded. Motion carried by unanimous Roll Call vote. MISCELLANEOUS DISCUSSION: Mr. Watkins recognized students in the audience from CBC's government class. Council and Staff discussed the options for analyzing Basin Disposal's rate increase proposal. MOTION: Mr. Garrison moved to use Washington Utilities & Transportation Commission to analyze BDI's rate increase proposal. Mr. Jackson seconded. Motion carried. No—Larsen, Watkins. ADJOURNMENT: There being no further business, the meeting was adjourned at 7:46 p.m. APPROVED: ATTEST: Joyce Olson, Mayor Webster U. Jackson, City Clerk PASSED and APPROVED this P day of April, 2006. 2 CITY OF PASCO Council Meeting of: April 3,2006 Accounts Payable Approved The City Council City of Pasco, Franklin County,Washington We,the ersigned o hereby certify under penalty of perjury that the materials have been furnished,the services dere r the bor performed as described herein and that the claim is a just, due and unpaid obligati again/t the city nd that we are authorized to authenticate and certify to said pmrom, G77ru fi ldr Man ger James W. se, Finance Manager We,tRe undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County,Washington, do hereby certify that the merchandise or services hereinafter specified have been received;that Wire Transfer No.s 4509 and 4512 in the amount of$88,340.76, have been authorized;that Check No.s 153830 through 154073 are approved for payment in the amount of$2,255,995.81,for a combined total of$2,344,336.57 on this 3rd day of April,2006. Councilmember Councilmember SUMMARY OF CLAIMS/WIRE TRANSFERS BY FUND: GENERAL FUND: Legislative 645.20 Judicial 2,789.29 Executive 2,860.81 Police 285,556.28 Fire 13,127.35 Administration&Community Services 43,108.06 Community Development 60,250.43 Engineering 670.78 Non-Departmental 117,251.92 Library 77,297.88 TOTAL GENERAL FUND: 603,558.00 STREET 863,715..75 C. D. BLOCK GRANT 1,57 ':62 KING COMMUNITY CENTER 2,71'' 93 AMBULANCE SERVICE 20,16' 24 CEMETERY 6,11 .84 ATHLETIC PROGRAMS 1,85 .97 SENIOR CENTER 3,222.86 MULTI MODAL FACILITY 2,804.56 RIVERSHORE TRAIL&MARINA MAIN 185.74 LITTER CONTROL 0.00 REVOLVING ABATEMENT 734.65 PARKS FUND 0.00 TRAC DEVELOPMENT 0.00 STADIUM/CONVENTION CENTER 5,695.04 SUN WILLOWS RESIDENTIAL DEVELOPMENT 59.77 METRO DRUG TASK FORCE 2,682.83 METRO DRUG FORFEITURE FUND 489.28 GENERAL CONSTRUCTION 25,531.64 WATER/SEW ER 617,887.06 EQUIPMENT RENTAL-OPERATING 24,779.66 EQUIPMENT RENTAL-REPLACEMENT 0.00 MEDICAL/DENTAL INSURANCE 116,312.25 CENTRAL STORES 1,521.60 FIRE PENSIONS 8,421.29 PAYROLL CLEARING 34,298.89 LID CONSTRUCTION 11.10 GRAND TOTAL ALL FUNDS: $ 2,344,336.57 3(b).1 CITY OF PASCO Council Meeting of: Payroll Approval April 3,2006 The City Council City of Pasco Franklin County,Washington The folio i g is a summary of payroll claims against the City of Pasco for the month of March 2006 is are pre d herewith for your review and approval. Gr D. tchfi r, City Mana er James W. se, Finance Manager We,the undersigned City Council members of the City Council of the City of Pasco, Franklin County, Washington,do hereby certify that the services represented by the below expenditures have been received and that payroll voucher No's. 34278 through 34433 and EFT deposit No's.30009251 through 30009960 and City contributions in the aggregate amount of$2,101,394.88 are approved for payment on this 3rd day of April 2006. Councilmember Councilmember SUMMARY OF PAYROLL BY FUND GENERAL FUND: Legislative $ 9,051.07 Judicial 75,375.27 Executive 65,259.24 Police 586,083.60 Fire 336,364.19 Administrative&Community Services 285,356.24 Community Development 73,665.86 Engineering 103,554.37 TOTAL GENERAL FUND 1,534,709.84 CITY STREET 43,930.60 BLOCK GRANT 15,717.92 MARTIN LUTHER KING CENTER 6,674.27 AMBULANCE SERVICE FUND 165,813.92 CEMETERY 5,262.74 ATHLETIC FUND 0.00 SENIOR CENTER 13,850.09 STADIUM OPERATIONS 0.00 MULTI-MODAL FACILITY 0.00 BOAT BASIN 0.00 REVOLVING ABATEMENT FUND 0.00 TASK FORCE 11,427.33 WATER/SEWER 274,735.50 EQUIPMENT RENTAL-OPERATING 29,272.67 GRAND TOTAL ALL FUNDS $ 2,101,394.88 Payroll Summary Net Payroll 1,275,563.45 Employee Deductions 506,037.31 Gross Payroll 1,781,600.76 City of Pasco Contributions 319,794.12 Total Payroll $ 2,101,394.88 3(b).2 AGENDA REPORT NO. 22 FOR: City Council Date: March 22, 2006 TO: Gary Crutchfi ty anager Workshop: 3/27/06�111 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 II. 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(d) 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, and Distribution Fee (hereinafter"Administrative Fee") For 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. Sec. 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 hall 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 12006. BOARD OF COUNTY COMMISSIONERS FRANKLIN COUNTY,WASHINGTON Neva J. Corkrum, Chairman Robert E. Koch, Chair Pro Tern 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 I i 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 KAHLOTUS 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 CITY MANAGER (509) 545-3404 / Fax (509) 545-3403 _ M 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 4t"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 AGENDA REPORT NO. 22 FOR: City Council DATE: 3/20/06 TO: Gary Crutch el Manager WORKSHOP: Richard J. S i rector REGULAR: 4/3/06 Community an Economic Development FROM: David I. McDonald, City Planner SUBJECT: ALLEY VACATION- The north/south alley in Block 4 AM Wehe's Whitehouse Addition (MF #VAC-06-004) I. REFERENCE(S): A. Proposed Resolution and Vicinity Map B. Vacation Petition II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution NoAI 3, Bing 7:00 PM, May 1, 2006 as the time and date for a public hearing to consider the proposed vacation. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. The property owners of Block 4, AM Wehe's Addition have submitted a petition requesting vacation of the north/south alley in said block. The alley has never been improved and La Clinica is in the process of developing homes on the west half of the block. B. The petition requires the City Council to fix a public hearing to consider the vacation request. The earliest regular City Council meeting available for a public hearing, which provides the statutory 20-day hearing notice, is May 1, 2006. V. DISCUSSION: NONE VI. ADMINISTRATIVE ROUTING: 3(e) RESOLUTION NO. GW4.1A A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF THE NORTH SOUTH ALLEY IN BLOCK 4 A.M. WERE'S ADDITION. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way; and WHEREAS, R.C.W. 35.79 requires public hearings on vacations to be fixed by Resolution, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That a public hearing to consider vacating the north/south alley in Block 4 A.M. Wehe's Addition, will be held before the City Council of the City of Pasco in the Council Chambers of the City Hall, 525 North 3rd Avenue, Pasco, Washington, at the hour of 7:00 p.m., on the 1st day of May, 2006. That the City Clerk of the City of Pasco give notice of said public hearing as required by law. PASSED by the City Council of the City of Pasco this 3rd day of April, 2006. Joyce Olson Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney VICINITY MAP ITEM: ALLEY VACATION APPLICANT: La Clinica FILE # : VAC06-004 N 1 ti t ALLEY x to be �- �--� z VACATED E. ADELIA ST 1 U w IM w z � r ` E. GEORGE ST w 1 z z z E. ALVINA ST s FEE $200 MASTER FILE # DATE SUBMITTED: CITY OF PASCO STREET / ALLEY VACATION PETITION I, we the undersigned, owners of two-thirds of the privately owned abutting property hereby petition the City Council of the City of Pasco to vacate the following described street/alley rights-of-way: V AcAV t, 1-'e C-l' l EJe�sc asi Tion -, c a'- 6� APPLICANT: Q,c,mM0-0"ty e" C6 TEK PROPERTY OWNED (Legal Description) Print Name: q g L.orS i TYNrcticlh Aa 13"CK `l A/"1, Sign Name: ' � .., Address: T' tJE1AC S QRiTENouk- ADJ) °Tj0IV AtkxA A«u -ra P"- T\n,w'e Phone # Date (ti Vb lu%.oml 8 0,V- +PLATS r R RCS OF K l-c n Ceu A T y 51TkTE oi: using i9ot,�-ho� �'p�ln.n�f� 1 , Print Name: -Pasco n Sign Name: LO fs 13 }o Z 4 vocAt y Date 2•a'7•b4 _J22�l•�e'S ��-�l-►uc� /�dd� ior, Print Name: A Sign Name: Date "'d k AGENDA REPORT FOR: City Council Date: March 24, 2006 TO: Gary Crutchfi 426 Manager Workshop Mtg.: March 27, 2006 FROM: Denis Austin,iief 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. 7(a) AGENDA REPORT NO. 24 FOR: City Council DATE: 3/29/06 TO: Gary Crutchfie i Manager WORKSHOP: Richard J. Smi D ector REGULAR: 4/3/06 Community an Economic Development FROM: David I. McDonald, City Planner 9N-1j1- SUBJECT: REZONE--(APPEAL) R-T to R-S-1 for 133 Acres between Desert Plateau & I-182 (Al Angelo Company) (MF# 05-181-Z) 1 REFERENCE(S): *(Note) A. Appeal petition B. Staff memo in response to appeal petition C. Rezone application D. SEPA Materials E. Correspondence F. Reports to Planning Commission: Dated 1/9/06 & 2/16/06 G. Planning Commission Transcript: Dated 1/19/06 H. Planning Commission Transcript: Dated 2/16/06 I. Rezone Ordinance * Note references and attachments are provided in the Council Packets only. Copies of references are available in Planning Office for public review II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: A. CONDUCT A CLOSED RECORD HEARING: B. Council action based on the record (reports, correspondence, transcript) either: (1) Approving the rezone; or, (2) Denying the rezone as requested by the applicant. 1. Motions for Approval: A. Motion for Findings: I move to adopt the findings of fact and conclusions therefrom as contained in the staff report to the Planning Commission. B. Motion on Rezone: Based on the findings of fact and conclusions therefrom, as adopted, I move to approve Ordinance # , rezoning the property from RT to R-S-1 and, further, authorize publication by summary only. 2. Motions for Denial: A. Motion for Findings: (Findings to deny the rezone): If the Council determines the evidence supports denial of the rezone, specific findings must be enumerated. B. Motion on Rezone: Based on the findings of fact as adopted I move to deny the Al Angelo Company request for a rezone. III. FISCAL IMPACT: NONE I 8(a) IV. HISTORY AND FACTS BRIEF: A. On January 19, 2006 the Planning Commission conducted a public hearing to determine whether, or not to recommend a rezone for a 133 acre tract of land located west of Road 44 and directly south of Desert Plateau. B. Following conduct of an open record predecision hearing, adjoining property owners filed a written appeal of the Planning Commission's recommendation for rezoning the property. The petitioners base their appeal on the reasoning identified in the appeal petition in Attachment "A". The appeal requires the Council to conduct a closed record hearing C. Following the appeal the City Council set a closed record for April 3, 2006. V. DISCUSSION: In acting on this appeal the Council should be guided by criteria of PMC 25. 88.060 as follows: 1. Is the proposal in accord with the goals and policies of the Comprehensive Plan; 2. Will the effect of the proposal on the immediate vicinity be materially detrimental; 3. Is there merit and value in the proposal for the community as a whole; 4. Should conditions be imposed in order to mitigate any significant adverse impacts from the proposal; 5. Is a concomitant agreement required and if so what should be the terms and conditions? Any option the Council chooses to select for this rezone will need to be supported by findings of fact. The findings identified in the staff report to the Planning Commission can be used as findings to support the rezone. If Council determines the evidence supports denial of the proposed rezone specific findings must be identified prior to making a motion for denial. AGENDA REPORT NO. 23 FOR: City Council Date: March 22, 2006 TO: Gary Crutchfi 1 Manager Workshop: 3-27-06 Richard J. Sin Regular: 4-3-06 Community & conomic Development FROM: David McDonald, City Plannerl�;R - SUBJECT: Landscaping Regulations Code Amendment (MF # 04-45-CA) I. REFERENCE(S): 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". $(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 1 constructed of asphalt concrete or Portland cement concrete and shall contain eanepy trees as provided in Section 25.50.060 25.75.070 (6); (6) Landscaping: The landscaping provisions of this seetioix s supersede and take reeeden^e-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. (e) For every thirty par-king spaees within a parking let, on large eanepy tree (one and one half to two ineh ealiper at planting) shall be leeated within the par-king4et. { }( I No paving shall be permitted within four feet of the center of a tree at the time of planting. W} Seventy 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 l ydsenr s1-..,izall be regularly maintained in good or-d-eF liji) Leading arr'ad--'anloading d6ek areas—o1�,zzl•,=xl e be f-Fem adjoining properties and street rights of way with masonry walls and/,ff landseaping elements-. {})(gj 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. {k} (h)At least fifty percent of the required landscape area shall be visible from the street adjoining the lot. (7) Loading and Unloading Docks: (a) T ^n7irg and anloa'ding—doek a-eaa shall be e —"ezeened—&S required in Seetion 25.50.060(7*. (h)(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 wall. 2 (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 wall signs shall not exceed ten (10) percent of wall areas in size;; and . (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 APPROVAL. Plans shall comply with the provisions of Chapter 25.75.090. Site plan 1 by the P! .- Direeter- shall be a prerequisite for obtaining a building permit for any development within a business paFk distr-iet. All site plans shall illustrate following; (1) V46aity map; (2) Boundaries and dimensions of the property-, (3) Leeations of buildings and struetures with existing and proposed l., sti.. and layout of off street par-ldngt (tl) Leading n d z unloadic� ng—clreas,, lieeation of walls r-and feneing ,-.die ting the L.eis-l-.t thereof. 0 / ee tniriers- t5)—Loeat�i�aterage-a>=ear-a;id-refuse corrccurrcra 6) T e .,tior, .,,,,d size ,-,of signs, r�lndsenpirg plan- 7 (7) Landseaping plan-; /81 i die tie of building height; (9) Proposed ar-e iteetur- l treatment of building&, (1 0) T n ..tio and size of all existing and pr_eposed utilities, f (1 1) Site drainage- (12 Aeeess to r.ublie streets• f (13) inter ei -eulutien presal ineludin —tr-uek eir-e-ulat-ion - fer le din /unloading-, fl4) Ar1;.,eent ,T,_�_,l-,1iemss f4-W Acreage-of site and (16) l die do of adjoining 3 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.gr�to issuanee of building-permits, two (2) eepies of a site development plan must be submitted to the building division of the Gemmunit-y Development Department for- review fbF eansisteney with the provisions of ehapter, The site develepment plan must be drawn to seale and shall include the f llr, (A)All r-elevant data regarding the existing-a to that wi will nelu eidsting streets, walks, property lines, existing buildings and/or- easements. /R1 Boundaries and dimensions of the site. (G) Designation of all o areas within the site. (D)—Identifleation of any yex existingg tF ees or plantings that are to remain on the site: ( ) T e atie of all pr-eposed (boundaries and dimensions) landscape areas ineluding the leeation and eemr-nen names of all landseape elements. 1,/ 1 Area ir, nn„are feet of individual r,rl a aelleetiye landscape areas, (G) Leeation, type and design of all ;rrigatier, fal,;lit;es (H) Location and eseriptio rT of other- site features s ,e as_buildings-, areas, areas, street ., lights and a „lati.,,-, areas, /11 C2e emat;a building ing elevations showing exterior building 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. and site development plan the Eeonemie 86 Community Development Direeter will review the applieatien and notify the appheant of appr-eval, approval with me ifieatiens and al<nd tie s, 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 set forth in this apply seetion shall be deemed to be minimum standards for- landseaping and shall to 11 development in the 1_182 Carrider ever-lay rlistr;o+ (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) Unless Oche i e-s. 4fied., lands,,aping shall eensist of „ mix e deeiduous and evergreen trees,sus, and gr-eund eev There shall be at least one (1) tree and three (3) shrubs for every three hundred (300) square feet of landscaped area. (D) All areas within (6) feet of a primary str et ura exeaud irc sidewalks, leading ramps or- emeFgeneY Sha]4 be eansider-ed "landseape areas" i-1 ball meet the gene. l eq i Y]_ r°me is outlined- G1_^_. 0111 .... T ral ; g cl . 11 be required in all par-king areas o„ u N° e to s K e v of the gross parking area__ The par-king to landseape area r_atie are as follows! area 1 50 Spaees - 8,0 of the . ,off Saee-s - 100% of the_area. 1004= Spa_ - 12,04 apar-king 0/ of th- are Eaeh par-king space—s1"zzall be eensi.lered as two hundred (200) square feet. Par-king la+s and the aeee ying landse ping c.l-,all be ee"xmgured that no par-king a in mar that-seventy five (75) feet from a lar dseaperl area. (D) Road Frontage: (1) The area adjac nt to all publie read frent anes shall he l rl aped to include a b fr area ea of ter (1 0) feet or,__ rte al five �irl� (5) feet on legal aeeesss-streets. The 1 andse.ap rl buffer areas along pr-iv.a�t° streets .hall he at least five (5) feet. RL11 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. (3)t lLandscaping in the unused portion of the right-of-way shall match the established landscaping pattern and theme for the street. if no landseaping pattern exists the appheable provisions of this Chapter- and Chapter- 25.76 shall ply. (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. 5 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 ow eF^of—a building site shall by responsible femme--germane t maintenanee—of—tie landse-ap - in aeeeFdanee—with the appr-eved landseape Landseaping and Ser-eening of Seetien 25.7-6.110 and shall kept in safe, , ,ell m r,t.,i,-,e,l r n iti„r, Section 8. 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) Refuse eontain°crs sly•,lriull be seer-eened f�em-yieb6 by a 1009% obse r1ng fei^e, ,„^11 or strueture that is r+ minimum of six (6) feet high_ fBBJAJ 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) Fencing mater- eensistt-of wood,br-ielrz, bleek, gar, vinyl, stueee, wrought i ilar-ly appearing eempesite material. When sight ^7-�se f is required, ^ eambin do „f materials_ ib.-+ be used �17�?G�ITRT�Ir.�IICT17gTSrGZ�USrGT�GrGOr1TAZZZA'CT01Z-'07- laA,' va.. aAVa.u, however-, 7 bar-bed er- other- type of seeaFity wires of any kind are g)(MGas meters, electric service boxes and other mechanical equipment shall be screened from public view by obscuring fence, walls or planting materials. W4LQj 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. to or- aeress a publie or- private stFeet or- alley f�ern a residential zoning dis-t—rie-11- must be sereened with a solid masonry wall matehing the ar-ehiteetur-e ef the building. The wall shall be set at the baek of the 15 foot landseaped buffe-r- required Seetien 25.58.060 _(2) and said wall must measuFed from the final gr-ade of the landseaped ber-m required /ul The 15 feet lan dseape,-1 1-.,,ffr required in 25 58 060 (9)(2) shall be gradEdwith a 14 -per-eent slope sl9pe-eFeating a be=n that terminates wall required 25.58.090(G). Every 40 linear- feet of this --.ep(ap�-sha=ll Bent grouping-e ee (3 in nirrr^ `"1a1a --- ”-✓ -he_ Gee m,,,-,ity Devellopment Depa+-1-++�cnt. Said pine trees approved equals "��be-six-(6) to °�(8) fee?�t-ii1tY�-height at 6 when mature. The inteiweni_11 -hall eentain at least two deeiduous tr-e approved by the .1.7 Development Department, 2" ealipeF oF greater-, that a4l! r-eaeh a height of 25 feet or more when mature. At least 60 shrubs shall be planted for- eveFy 100 linear- feet of buffer area. The 15 feet buffer- sha also inelude shrubs in a suffieient number sueh that 50 pereent of the bu area will be eoveFed with shrubs within a 5 year- PeFiOd. Shrub varieties Shall be approved by the Community Development Department and must vaFieties tit-are-adapted to the soils-and-elimate of PaseE)- 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 (25.50) 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 city, 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 yards totally devoid of live vegetation or decorative rock, shall not qualify as legal non-conforming yards. (2) Commercial/ Industrial: all commercial and industrial 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 may 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, Bridge and Municipal Construction 2006, M41-10 prepared by the Washington State Department of Transportation; 8 I i (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. (8) "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; 9 I (f) 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 C-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 1 st 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: 10 (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. 11 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; (fl 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 12 integral part of the fence design and aesthetics and not used solely for structural support may be visible from a public street; 6) 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)6) (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. 13 (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 1-182 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" 14 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: 15 (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. 16 (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. 17 (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. (f) 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 18 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: 19 (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. 20 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. 1 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. 2 AGENDA REPORT FOR: City Council March 29, 2006 TO: Gary Crutchfi i Manager Workshop Mtg.: 3/27/06 Regular Mtg.: 4/3/06 FROM: Stan Strebel, d �r tive and Community Services Dit" SUBJECT: PMC Amendments for Special Events and Related Admissions Tax 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. regarding special events and admission tax therefor and to authorize publication by summary only. III. 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 13'x' 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) Since the discussion of March 27`h, staff has made minor corrections to the operative clauses of Sections 2, 4 and 6 to clarify that specific PMC subsections are being amended by the ordinance. Staff recommends adoption of the ordinance. 8(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: 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 15`", May 15`", July 15`", September 15`", November 15`" and January 15`h. 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 Subsection S) 9) SPECIAL EVENTS of 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— $20:00$40.00 for the 5.25.070 (maximum for event $500.00)-per first vendor vende 1) Each additional vendor $20.00 I 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 events institutions held at such educational facilities; eEvents, °�^°„* *°mP°r^� ^°^�°' ^°,°P-event, 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 Subections J) TEMPORARY SPECIAL SALES LOCATION, K) TEMPORARY SPECIAL SALES EVENT AND L) VENDOR of Section 5.25.020 DEFINITIONS of the Pasco Municipal Code are 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 eengr-egate-locate for the purpose of participating in a temporary special sales event. K) "Temporary Special Sales Event" means the congregation of of ten one or more vendors, who rent, lease, purchase or otherwise obtain a temporary sales area ffem er thfough ° promoter- 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 provided dueugh ° hems°a temper r- speeial event m^ , 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 jointly and severally liable to the Cif for collection and remittance of such tax as described in PMC 3.02.090 Admissions Tax—Remittance of Tax. Section 6. That Subsection A) 1) of Section 5.25.060 CONCERTS, OUTDOOR MUSIC FESTIVALS AND ATHLETIC OR COMPETITIVE EVENTS of the Pasco Municipal Code 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 29, 2006 TO: Gary Crutchfie i Manager Workshop Mtg.: 3/27/06 Regular Mtg.: 4/3/06 FROM: Stan Strebel, mini,, nd Community Services Direc o SUBJECT: Proposed Modifications to Hearing Examiner PMC Provision I. REFERENCE(S): A. Proposed Ordinance B. Letter to Town of Woodway from Michael Walter, Attorney for WCIA (4/2000) (Council Packets Only) 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 8(d) Policy Act) appeals to the Hearing Examiner as opposed to the City Council. Staff recommends adoption of the ordinance. E) Following Council discussion of the proposed ordinance on March 27th, staff has made minor revisions to the proposed ordinance as follows: 2.19.020 (replace "implement" in third line with "render decisions on"); 2.19.050 (gender inclusive language added) and 2.19.060 (delete line: "Nor, on appeal from a 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." as unnecessary as appeals are directed to court.) F) In light of Council's discussion at the meeting of March 27th, staff has provided the attached letter from WCIA's general counsel, which reviews in detail, the advantages and disadvantages associated with the hearing examiner system. 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: CHAPTER 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. I 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 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. 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 render decisions on 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/her except publicly at a public hearing duly called for such purpose, or to interfere with an examiner in the performance of his/her 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. 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. i 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, Potentially Dangerous or 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: 1) Administer oaths and affirmations, examine witnesses, rule upon offers of proof, receive relevant evidence, and conduct discovery procedures which may include Ordinance-3 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. I 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 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 Ordinance-4 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 twenty-one (21) calendar days from the date of issuance of the decision in the manner required by law. Ordinance-5 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 Gouneil 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 (2 1) 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 Gouneil Hearing Examiner shall conduct an open appeal hearing into the merits of the appeal at which time the Gity Getineil 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 I — "l Hearing Examiner may continue the open appeal hearing from time-to-time without further mail or delivered notice. (4) The Qt�, Goune-il Hearing Examiner shall maintain an electronic record of the testimony and arguments presented and a record of any physical evidence/documents presented. Ordinance-6 (5) The City Geuneil 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 City Gouneil Hearing Examiner's decision shall include findings of fact and conclusions in support of the decision. (7) The Hearin? 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 Geuneil Hearing Examiner pursuant to this section shall be de novo. (9) The City Couneil 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 Couneil 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. 1 (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. 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: Ordinance-7 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. 3) The special circumstances applicable to the subject property were not created through the action(s) of the applicant or any predecessor in interest. Ordinance-8 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 lay 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 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 Ordinance-9 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 AGENDA REPORT FOR: City Council March 29, 2006 TO: Gary Crutch i anager Regular Mtg.: 4/3/06 FROM: Stan Strebel,A mig' tiv and Community Services Director SUBJECT: Business License Late Fee I. REFERENCE(S): A) Proposed Ordinance II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 4/3: Motion: I move to adopt Ordinance No. amending Pasco Municipal Code Sections 5.04.190 and 3.07.050 regarding rental license late payment fees and further,to authorize publication by summary only. III. 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) Following discussion on this issue by Council at the March 27`x'meeting and after reviewing the feasibility of implementation with staff, a late fee of 20% is recommended for rental license payments. This would be the same as the greater of$6 per license or 20% as opposed to the $15/20% (of all owed amounts) as discussed at the meeting. This is recommended so that late payment calculations and entries can be done automatically by the new Track-it software as opposed to manually. (The software does not currently support the aggregation and pro-rata posting of fees from/to separate license accounts). C) While this proposal reduces the late fee somewhat for licenses with smaller numbers of units, it still assures that one who owes a substantially larger fee would have more incentive to remit payment on time (the primary objective) than is the case with the current flat fee. Staff recommends adoption of the ordinance. 8(e) ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, amending Section 5.04.190 "Late Payment Fee" and Section 3.07.050 "Business Licenses" of the Pasco Municipal Code. WHEREAS, The City Council of the City of Pasco, Washington, has determined that it is necessary to amend Sections 5.04.190 and 3.07.50 of the Pasco Municipal Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: (deletions by interlineations, additions by underlining) Section 1. That Section 5.04.190 entitled "Late payment Fee" of the Pasco Municipal Code is amended to read as follows: 5.04.190 LATE PAYMENT FEE. A late payment fee shall be added to each annual license not procured before March 1St of each and every year to help defray added administrative expenses because of such late payment. Late payment fees shall be as set forth in Chapter 3.07 of this code for the following categories: A) Rentals —Dwelling_units and B) All other business licenses. (Ord. 3560 Sec. 7, 2002; Ord. 3426 Sec. 1, 2000; Ord. 3394 Sec. 1, 1999; Ord. 2223 Sec. 5, 1980; prior code Sec. 3- 1.224.) Section 2. That Subsection E) of Section 3.07.050 entitled "Business Licenses" of the Pasco Municipal Code is amended to read as follows: 3.07.050 BUSINESS LICENSES: Fee/Charge Reference E) Late Penalty $30.00 c 04 1non 1) Rentals—Dwelling units,per license 20%of amount due 5.04.190 2) All other business licenses $30.00 5.04.190 Section 3. 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 , 2006. Joyce Olson 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 PMC Sections 5.04.190 and 3.07.050 regarding rental license late payment fees. 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 TO: City Council March 31, 2006 FROM: Gary Crutch a Manager Regular Mtg.: 4/03/06 SUBJECT: Council Goals I. REFERENCE(S): 1. Proposed Resolution II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 4/03: MOTION: I move to approve Resolution No. , establishing primary goals for the city for calendar years 2006-2007. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) Over the past 16 years, City Council has conducted biennial retreats in the spring of each even numbered year (following the municipal election in the odd number year). The purpose of the retreat is to consider the community input along with staff advice and develop a list of specific and measurable goals to be pursued by the city organization over the ensuing two years. B) The Council conducted its retreat on March 24 and 25 following a Community Forum to collect community advice on February 23. The result of the retreat is reflected in the proposed resolution. V. DISCUSSION: A) Approval of the resolution will formally establish the list of goals as the primary work plan for the organization over the ensuing two years. It will be reflected in budget recommendations as well as day to day administrative actions, all designed to achieve those goals before the next biennial retreat(spring 2008). 8f) RESOLUTION NO. A RESOLUTION establishing primary goals of the City of Pasco for the ensuing calendar years 2006-2007. WHEREAS, the City of Pasco organization desires to focus the allocation of its resources toward primary goals selected to fulfill the vision of Pasco's future, as held by its elected representatives; and WHEREAS, the City Council conducted a Community Forum on February 23, 2006 to elicit the concerns of residents about the present condition of the city, as well as thoughts and suggestions for Pasco's future; and WHEREAS, the city managerial staff has shared with the City Council its concerns for the present as well as visions for the future of the Pasco community; and WHEREAS, the City Council conducted a goal setting retreat on Saturday, March 25, 2006 to discuss all the various concerns for the present as well as visions for the future; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON,DO RESOLVE AS FOLLOWS: Section 1. That the following goals shall be considered primary goals for the City of Pasco for the ensuing two years (calendar years 2006 and 2007); ■ State Infrastructure: the Pasco community is bisected by the state highway system(SR-395 and 1-182). Although both highways are assets to the community, they also can present functional challenges. The city will work with its legislative representatives to obtain the financial assistance necessary to accomplish the following improvements to the state's highway system: • Pasco has designed (at city expense) and obtained WSDOT's approval for a pedestrian overpass of SR-395 at Court Street and the city has pledged partial funding to its construction; the balance of construction costs needed to accomplish this project should be provided by the State of Washington as soon as possible to fulfill its responsibility to eliminate a hazardous condition for pedestrians and bicyclists. • Working through the offices of US Congressman Doc Hastings, Pasco has been awarded a direct allocation of$1.6 million toward capacity improvements to the Broadmoor Blvd. interchange and the city has paid WSDOT with local funds to design the project; the balance of construction costs needed to accomplish this project should be provided by the State of Washington as soon as possible to alleviate current and growing congestion hazards at the interchange. ■ Industrial Development: the Pasco community and its school district rely on one of the lowest "per capita" assessed value (total taxable property value) in the state. The recent surge in residential growth has increased demands particularly on the school district, without a correspondingly sufficient increase in property tax base. The city will work with the Port and other entities to foster more industrial.development (rather than residential), thus, increasing the non-residential tax base and, in turn, expanding the school district's financial capacity. In particular, the city will focus effort in the following areas: • Sacajawea Industrial Park: approximately 600 acres of land lying south of East "A" Street is classified for industrial use. The city will work with other entities, particularly the Port and Burlington Northern railroad, to create a new truck route connecting this industrial area with the East Lewis interchange at SR 12 and to install rail improvements so as to assure availability of rail service to future industries. • Broadmoor Interchange: in view of its geographic setting in the region and its ease of access afforded by the adjacent I-182 freeway, the vacant and underutilized lands north of the Broadmoor interchange present great potential for regional scale development, particularly for technology-related investments. The city will define and market a development plan reflecting an investment vision common to the city and affected property owners. • Foster Wells Area: approximately 400 acres of land lying east of SR-395 between Hillsboro and Foster Wells is served by a new interchange and zoned for industrial use. The city will collaborate with other entities, particularly grant agencies and affected property owners, to extend Commercial Avenue and associated utilities north to Foster Wells Road, thus fostering industrial investment in the affected lands. ■ Chiawana Park: Franklin County has terminated its lease of Chiawana Park, a facility owned by the federal government and managed by the US Corps of Engineers. The Corps has indicated it will not open the park to the public, but many Pasco and Franklin County citizens want to see it open for public use. The estimated annual cost for operating the park exceeds $150,000 per year; however, the city's recurring revenue stream cannot absorb the additional expense. The city will strive to determine an appropriate means of making the park available for public use without harming its ability to sustain existing municipal service levels. ■ Sewer Extension Program: the city contains many small areas (older residential neighborhoods as well as those recently annexed) which do not have municipal sewer service available and which have substandard and/or deteriorating neighborhood streets. In order to make sewer service available in a cost-effective way and to address the need for street improvements in a timely and cost-effective manner, the city will implement a sewer extension program whereby the municipal sewer system is extended to un-served portions of the city and affected streets improved, providing for recovery of the cost over time as adjacent properties choose to connect to the sewer system. Primary Goals—2006-2007 Page 2 ■ Lewis Street Overpass: the underpass (now 70 years old) is showing signs of deterioration, posing an eventual threat to public safety as well as potential harm to the BNRR system extending over it. A replacement overpass has been planned, representing not only a solution to the public safety and railroad integrity concerns, but a significant positive influence for downtown revitalization. As Lewis Street is a "local" street but the overpass project cost ($15 million) is well beyond its capability to finance locally, the city will work diligently to obtain federal and state assistance to construct the overpass as soon as is practicable. • Aquatic Facilities Action Plan: the three swimming pools owned and operated by the city are in need of complete renovation or replacement, either of which is expensive. Within the next two years, the city intends to develop and adopt an aquatic recreation action plan which will define what to do with the existing pools and how best to fulfill the aquatic facilities needs of Pasco's citizens. • Communication Program: the Council has recently determined to broadcast various public meetings (Council, Planning Commission, Code Enforcement Board, etc.) via cable TV. The city's franchise agreement with Charter Communications provides for a "government access channel" (#12) which can be dedicated to delivery of a broad range of governmental information for the benefit of Pasco citizens, in addition to broadcasting public meetings. The city will expand its traditional communication program to include full utilization of the government access channel, providing pertinent local government information to Pasco citizens. • Internet Access Center: the computer and high-speed internet have become the principal activity engagement at the Pasco Library, particularly for neighborhood youth. As many Pasco households do not possess a computer or high-speed internet access, associated educational and recreational opportunities for neighborhood youth in this arena are limited. The city will develop and implement, as a pilot project, an "internet access center" in the East Pasco neighborhood and evaluate its effectiveness for possible replication in other neighborhoods of the city. • Rivershore Trail: the Sacajawea Heritage Trail, a 22 mile pedestrian/bike trail along the Columbia River offers a unique recreational experience for citizens of Pasco as well as Kennewick and Richland; however, one link in Pasco remains unfinished. The city will complete its portion of the regional trail, thereby linking Sacajawea State Park and Chiawana Park via the trail. • City Website: the internet has become a primary means for communication for business, citizens, and government alike. An organization's website is now often its image to others, particularly those otherwise unfamiliar with the organization. The information shared via the website can be not only a convenient resource for citizens, it can influence economic development efforts as well. To those ends, the city will redesign its website to reflect a contemporary style and take advantage of"portal"technologies. • Downtown Revitalization: as many older urban centers have, the downtown business district continues to struggle in its revitalization effort. The city will continue to work collaboratively with downtown business interests to generate the necessary consensus and support for continued (and enhanced) downtown revitalization. Primary Goals—2006-2007 Page 3 • Municipal Center Space Needs: the extraordinary growth of the Pasco community over the past decade has far surpassed original projections, thereby causing commensurate growth in city employment and associated workspace requirements. The city will develop a contemporary analysis of the work space needed to efficiently and effectively accommodate the projected growth of municipal service functions and associated employees over the next 20 years. • "Regional Centers" Plan: each of the Tri-Cities (Kennewick, Richland and Pasco) has created its own Public Facilities District(which are authorized to develop and operate "regional centers," such as convention centers, stadiums, performing arts centers, aquatic centers, etc.); however, none of the PFDs possesses the financial capacity to individually finance the kind of regional facilities which represent substantial impacts to the quality of life within the region. It is the express intent that Pasco work collaboratively with its neighboring cities to jointly plan for development of"regional centers"through the existing PFDs. • Neighborhood Improvement Action Program: many older Pasco neighborhoods show signs of aging, in the form of deteriorating infrastructure and, in some cases, substandard streets and significant gaps in the sidewalk system. These physical conditions tend to have a deleterious effect on the quality of life in that neighborhood and can adversely affect associated property values. Working with individual neighborhoods to define appropriate improvements, the city will foster code compliance and improvement of neighborhood infrastructure while minimizing impact on low-income households. • Bikeway Policy: the city contains two primary (separated) bicycle pathways, both on an cast/west axis (the Rivershore Trail and the I-182 bike path); however, there are no separated bike paths on a north/south axis to connect the two east/west routes. Additionally, growing vehicular traffic presents increasing difficulty for bicyclists throughout the community. To assure adequate and appropriate accommodations for bicyclists, the city will adopt a definitive policy to express where, how and to the extent to which the city will provide for bicycle use on public ways. Section 2. The City Manager is hereby directed and authorized to formulate appropriate implementation strategies to achieve the goals set forth hereinabove, consistent with appropriation policies and procedures. PASSED by the City Council of the City of Pasco at a regular meeting this 3rd day of April 2006. CITY OF PASCO: Joyce Olson, Mayor ATTEST: Sandy Kenworthy Leland B. Kerr Deputy City Clerk City Attorney Primary Goals—2006-2007 Page 4 AGENDA REPORT NO. 7 FOR: City Council Date: 3/28/06 TO: Gary Crutchfi Manager Regular: 4/3/06 FROM: Robert J.Alber s e&or, Public Works SUBJECT: Reject SR 395/Court Street Pedestrian Overpass Crossing Bid—Ray Poland I. REFERENCE(S): 1. Letter Agreement with Dennis Poland II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 4/3/06: Motion: I move to reject the bid received from Ray Poland& Sons,Inc. for the SR 395/Court Street Pedestrian Overpass Crossing on October 26, 2005. III. FISCAL IMPACT: Arterial Street Fund IV. HISTORY AND FACTS BRIEF: On October 26, 2005, staff opened bids for the SR 395/Court Street Pedestrian Overpass Crossing project. Staff received four (4) bids, of which the low bidder was Ray Poland & Sons, Inc. At this time, a motion to reject all bids was tabled as a future Action Item. On December 14, 2005, the City and Ray Poland & Sons, Inc., agreed to extend the award or rejection of their bid for the SR 395/Court Street Pedestrian Overpass Crossing project until April 1, 2006. The other bidders were informed of this action and their bonds were returned leaving Ray Poland and Sons as the only active bid. During this time, the City was to pursue funding assistance from the State. The City was unsuccessful in obtaining the additional funding for this project. Staff recommends that Council formally reject Ray Poland& Sons, Inc.'s bid. V. ADMINISTRATIVE ROUTING Project File 10(a) copy PUBLIC WORKS DEPARTMENT (509)543-5738/ Scan 726-3444 / Fax(509)543-5737 P.O. BOX 293, 525 NORTH THIRD AVENUE, PASCO.WASHINGTON 99301 LETTER AGREEMENT December 14, 2005 Dennis Poland Ray Poland & Sons, Inc. PO Box 6772 Kennewick, WA 99336 Subject: US 395/Court Street Pedestrian Walkway Facilities Project No. 00-3-09 Dear Mr. Poland: This letter agreement is to formalize the deadline for acceptance or rejection of the bid submitted by Ray Poland& Sons on October 26, 2005. In accordance with 1-03-2 Award of Contract of the Standard Specification and bid documents,the City of Pasco and Ray Poland & Sons agree to extend the award or rejection of the bid to April 1, 2006. Please acknowledge below and return. If there are any questions,please feel free to call me at(509) 545-3446. Ro�tt be P.E. Date le s Poland,President Date City of Pasco, Public Works Director ay Poland& Sons, Inc. Jv Xc: L/Project AGENDA REPORT NO. 13 FOR: City Council March 29, 2006 TO: Gary Crutchfi i Manager Regular Mtg: April 3, 2006 Robert J. Albe s u . Works Director FROM: Doug Bramlette, City Engineer' SUBJECT: Award Road 88 Sewer Line Extension Phase I; Project#05-1-14 I. REFERENCE(S): 1. Vicinity Map 2. Bid Summary II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 4/3: MOTION: I move to award the low bid for the Road 88 Sewer Line Extension Phase I, Project No. 05-1-14 to Ray Poland and Sons for the total amount of$227,009.44 and, further, authorize the Mayor to sign the contract documents. III. FISCAL IMPACT: Utility Fund IV. HISTORY AND FACTS BRIEF: On March 29, 2006, staff received four bids for the Road 88 Sewer Line Extension Phase 1, Project No. 05-1-14. The low bid was received from Ray Poland and Sons, in the total amount of$227,009.44. The second lowest bid received was in the amount of$250,287.57. The highest bid was for $285,459.70. The Engineer's Estimate for the project is $271,364.70. The budget for Phase 1 of this project is $275,000.00. The scope of work for the Road 88 Sewer Line Extension Phase I, Project No. 05- 1-14 includes the installation of approximately 1495 linear feet of 10-inch sanitary sewer, 800 linear feet of 8-inch sanitary sewer, and nineteen new residential sewer services. It also includes approximately 580 tons of street overlay. The location of the project is the north boundary of the Chiawana Park entrance, north on Road 88 and includes the Court Street/Road 88 intersection. The project was designed to extend north in the next phase to the new high school site. Staff recommends award of this contract to Ray Poland & Sons. V. ADMINISTRATIVE ROUTING Project File 10(b) Z > Y Q (n z Uj m p N-1 Ad"d: O U o O Q � _U � oC Q z i 88 ado Q � < ° z � = w ° U) uj U ° z �-- Q w a DC w ry z D C H w O °- C) LL U w U) U co W a. 0 ^ Q o O Ow H z oC o ;7 o _ w J Vu >U-' w z City of Pasco Road 88 Sewer Line Extension Project Number 05-1-14 March 29, 2006 BID SUMMARY TOTAL Engineers Estimate $271,364.70 1. Ray Poland & Sons. $227,009.44 2. Sharpe & Preszler, Inc. $250,287.57* 3. Goodman&Mehlenbacher. $264,688.54* 4. Watt's Construction $285,459.70 *Denotes corrected amount of bid. AGENDA REPORT NO. 26 FOR: City Council DATE: 3/29/06 TO: Gary Crutchfiel anager ))�� WORKSHOP: Richard J. Smit ire for /`' REGULAR: 4/3/06 Community an Economic Development FROM: David I. McDonald, City Planner— SUBJECT: SPECIAL PERMIT: Placement of Cell Antennas on New Road 76 Water Tower (US Cellular) (MF #SP06-002 I. REFERENCE(S): A. Report to Planning Commission: B. Planning Commission Minutes: Dated 2/16/06 & 3/16/006 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve the special permit for the location of wireless communication equipment on the new water tower located at Road 76 and Sandifur Parkway as recommended by the Planning Commission. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On February 16, 2006 the Planning Commission conducted a public hearing to consider a special permit application for the location of cellular phone equipment on the new water tower located at Road 76 and Sandifur Parkway. B. Following conduct of a public hearing, the Planning Commission reasoned that with conditions, it would be appropriate to permit the proposed cellular equipment on the new water tower. The recommended conditions are contained in the attached report. C. No written appeal of the Planning Commission's recommendation has been received. i 10(c) MASTER FILE NO: SP 06-002 APPLICANT: US Cellular HEARING DATE: 2/ 16/06 2 International Way ACTION DATE: 3/16/06 Longview, WA 98632 BACKGROUND REQUEST: SPECIAL PERMIT: Wireless Communication Equipment on New Road 68 water tank. 1. PROPERTY DESCRIPTION: Legal: The west 500 ft of the north 500 ft. of the NW quarter of the NE quarter of Section 9 North, Range 29 East, WM General Location: The southeast corner of Road 76 and Sandifur Parkway Property Size: 5 acres 2. ACCESS: Sandifur Parkway and Road 76 provide access to the site. 3. UTILITIES: Although water and sewer are available to the site the proposed use does not need standard municipal services. 4. LAND USE AND ZONING: The site is currently occupied by the "Road 68 Water Tower" and the partially completed new water tank. Properties to the north, south and east are vacant. Island Estates, zoned R-1 and developed with single family homes is located to the west. Properties to the north, south and east are zoned C-1. 5. COMPREHENSIVE PLAN: Goal OF-2 suggests the City ought to maintain land use flexibility in regard to placement of infrastructure for public and private utilities. Policy OF-2-A encourages the sound management of all energy and communication utilities through coordination and cooperation dealing with construction of such facilities. Policy OF-2-B encourages the placement of utility substations which are necessary for the surrounding neighborhood. 6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a determination of nonsignificance in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43.21(c) RCW. 7. HISTORY: Following the direction in the Comprehensive Plan, several years ago, the City established land use regulations for the location and placement of wireless communication towers. Wireless communication Towers are permitted uses in all industrial or C-3 zoning districts provide the location in such districts is not closer than 500 feet to a residential district. In such cases the tower/equipment would require special permit approval. In addition wireless communication towers are permitted by special permit in all zoning districts provided the tower/equipment is attached to or located on a building that is 35 feet high or higher and or is to be located on a publicly owned facility such as City, Port, County or similar facility. All building permit applications for wireless communication equipment must be accompanied by stamped engineered drawings and appropriate documentation from the FCC and FAA. ANALYSIS The proposed location of the wireless communication tower and equipment falls under the provisions of PMC 25.70.070, which requires review and approval by special permit prior to the issuance of a building permit. The proposed site is located in the rapidly growing Rd 68 area and is ideally suited to provide enhanced cellular service to the expanding community. The proposal calls for the placement of antenna pads about 100 feet above grade and 63 feet below the top of the new tower. The antenna pads will blend in with the textured concrete of the tower and will be virtually invisible from adjoining streets. A small (20' by 301 equipment compound will be located at the base of the water tower. The zoning regulations were specifically developed to permit (through special permit review) cellular tower/antenna equipment on property such as the water tower site. The water tower is well over the 35 foot requirement provided for in the municipal code. Use of the water tower for the proposed cellular equipment eliminates the need to erect a separate cellular tower thereby lessening the visual impact upon the community. The existing water tower currently has cellular equipment attached to it. i The proposal will occupy such a minor portion of the water tower site that it will not change the primary use of the property nor does it affect future uses in the area. INTIAL STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The site is located in a C-1 zone. 2. The site is occupied by one existing municipal water tower and one under construction. 3. The original Rd 68 water tower currently has wireless communication equipment attached to it. 4. The existing water tower is approximately 160 tall. S. The water tower under construction will be approximately 160 feet tall. 6. PMC 25.70.070 specifically lists water reservoirs as locations acceptable for cellular equipment through the special permit review process. 7. The walls of the water tower are textured. 8. The proposed antennas will be located in the texture portion of the proposed tank. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusion based upon the criteria listed in P.M.C. 25.86.060. The criteria are as follows: 1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The Comprehensive Plan goal OF-2 and policy OF-2-A discuss the need for sound management and coordination in the location of utilities and community faculties. 2) Will the proposed use adversely affect public infrastructure? The proposed use is a part of the communication network utilized by the general public. The proposed equipment will be located in such a manner so as not to impact other public utilities or services. 3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The proposed cellular equipment located with the water towers will create no visual impact on surrounding neighborhoods. 4) Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? The proposed equipment will be located on a 163 foot structure adjacent a 159 foot structure. The existing water tower with cellular equipment has not discouraged development surrounding the site. 5) Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? The proposed equipment will create no fumes or noise and will create no additional glare. The cellular equipment on the existing water tower has not created any objectionable conditions. 6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in anyway will become a nuisance to uses permitted in the district? The proposal is required to be designed by a professional engineer to withstand the forces of nature. The proposal will benefit surrounding properties by providing enhance cellular service to the area. RECOMMENDATION MOTION for Findings of Fact: I move to adopt findings of fact and conclusions there from as contained in the March 16, 2006 staff report. . MOTION for Recommendation: I move, based on the findings of fact and conclusions there from the Planning Commission recommend the City Council grant a special permit to US Cellular to locate cellular equipment with the new water tower on Road 76 with the following conditions: 1) The special permit shall be personal to the applicant; 2) The antennas shall be installed in substantial conformity with the plans submitted with the application; 3) The wireless communication antennas shall not be used for advertising or other non-communication purposes; 4) The antennas and supports shall be painted to match the color of the water tower; 5) The special permit shall be null and void if a building permit has not been obtained by April 3, 2007. II LAND USE MAP ITEM : SPECIAL PERMIT Cellular Equipment APPLICANT: US Cellular FILE #: SP- 06 - 002 City Limits cy Apartments, / 5clxd s a 4 Park SANDIFUR 111111111 °" PA KWAY s 0/001 0 >5 00 IR u�k � s C nwriwr OR 4 w g Iwo Yokc,5 S \ � cGonalds e a Shell VICINITY MAP ITEM : SPECIAL PERMIT Cellular Equipment p APPLICANT: US Cellular FILE #: SP- 06 - 002 City Limits Humow CT MOM OR �--JR71111 4 NAW m MAN ON=up ae SANDIFUR W PA K w AY sirs � 3 3 CA I I L�Jm to 3 t 33 w 3 3 ZONING MAP ITEM : SPECIAL PERMIT Cellular Equipment APPLICANT: US Cellular FILE #: SP- 06- 002 City Limits I �� � I ` a FMTTM w� ( x/ SANDIFUR PA KWAY O CA LLL � 511E CSI rr MM ojwaww M V'J -�HEA� C - I i C www'w OF !3 Q g8 W 3 3 � dd3 i PLANNING COMMISSION MINUTES 2/ 16/06 A. Public Hearing: SPECIAL PERMIT: Wireless Communication Equipment on Road 68 Water Tower) (US Cellular) (MF# SP 06-0021 Chairman McCollum read the master file number and asked for the Staff report. Staff stated the applicant (US Cellular) was requesting a special permit for placement wireless communication equipment on the new Road 68 water tower. The configuration of the antennae include a stealth design blend with the decor of the water tower, A 25' x 30' compound will be located at the base of the water tower. The original water tower currently has cellular equipment on it. Chairman McCollum asked if there were any questions of Staff. There were none. CHAIRMAN MCCOLLUM OPENED THE PUBLIC HEARING AND ASKED IF THERE WAS ANY ONE PRESENT THAT WISHED TO SPEAK ON THIS MATTER. Sven Daily, North 2107 9th, Pasco asked if the compound at the base would be childproof and if it would be stealthy. Staff replied the whole site will be fenced in, and compound will be located some distance from Road 76. Dan McKinney, US Cellular Representative, stated that the staff explanation was accurate, the area will be fenced and landscaped. Commissioner Little asked how large is the building? Mr. McKinney explained the size and configuration of the proposed cellular equipment. Following three (3) calls from Chairman McCollum for comment from the floor, either for or against, the public meeting was declared closed. Commissioner Rose moved the Planning Commission close the public hearing on the proposed special permit, initiate deliberations, and schedule adoption of findings of facts, conclusions and a recommendation for the Planning Commission meeting of March 16, 2006. Commissioner Hay seconded, motion carried unanimously. Staff explained the special permit process for the audience. PLANNING COMMISSION MINUTES 3/16/06 A. Special Permit Placement of Cell Antennas on New Road 68 Water Tower (US Cellular) (MF #SP06-0021 Chairman McCollum read the master file number and asked for the Staff report. Staff explained a public hearing was held at the February 16th regular meeting, where public input was provided on the proposed special permit for placement of a cellular antenna on the new Road 68 water tower. The public hearing was closed and deliberations for the development of a recommendation were set for the March 16th regular,--me ting. Staff reviewed the recommendation conditions for the benefit of the audience. Chairman McCollum asked if there were any question `,Qf Staff. Commissioner Little moved the Planning Comssion adopt the Findings of Fact and conclusions there from as eon,14tt", e M' ch 16, 2006 staff report. �a" Commissioner Anderson seconded, molar carried unanimously. Commissioner Little further moved based onbie findings of fact as adopted, the Planning Commission recommend the City Coil grant a special permit to US Cellular to locate cellular equipdrtith the never tower on Road 76 with conditions as contained in the M chi l staff Report. Commissioner Anderson econded ion c r led unanimously. s y e ,zxi,u h'a� ti s'svy h4 ti °ro 2 cRr� AGENDA REPORT NO. 25 FOR: City Council DATE: 3/29/06 TO: Gary Crutchfie t Manager WORKSHOP: Richard J. Smi , i ctor �J" REGULAR: 4/3/06 Community an Economic Development FROM: David I. McDonald, City Planner 7;rc, SUBJECT: SPECIAL PERMIT: Car Lot in a C-1 zone at the NE corner of 28th and Sylvester (Butch Lindstrom) (MF #SP06-003) I. REFERENCE(S): A. Report to Planning Commission: B. Planning Commission Minutes: Dated 2/16/06 & 3/16/06 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve the special permit for the location of a car sales lot on the northeast corner of 28th Avenue and Sylvester Street as recommended by the Planning Commission. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On February 16, 2006 the Planning Commission conducted a public hearing to consider a special permit application for the location of a car sales lot on the northeast corner of 28th Avenue and Sylvester Street. B. Following conduct of a public hearing, the Planning Commission reasoned that with conditions, it would be appropriate to permit the proposed car sales lot on the northeast corner of 28th Avenue and Sylvester Street. The recommended conditions are contained in the attached report. C. No written appeal of the Planning Commission's recommendation has been received. 10(d) REPORT TO PLANNING COMMISSION MASTER FILE NO: SP06-003 APPLICANT: Butch Lindstrom HEARING DATE: 2/16/06 1603 W. Lewis St. ACTION DATE: 3/ 16/06 Pasco, WA 99301 BACKGROUND REQUEST FOR SPECIAL PERMIT: Location of a car sales lot at the northeast corner of Road 28 and Sylvester Street. 1. PROPERTY DESCRIPTION: Legal: SHORT PLAT #80-22 LOT 1 AND LOT 2- Parcel Number: 119-352-344 General Location: The northeast corner of Road 28 and Sylvester Street. Property Size: Total property is approximately 35,099.13 sq. ft. or .81 acres. 2. ACCESS: The site has access from Road 28 to the east and Sylvester to the south. 3. UTILITIES: All municipal utilities are available to the site. 4. LAND USE AND ZONING: The property is currently zoned C-1 (Retail Business) and contains a commercial building. The north half of the property is vacant and the south half contains an old Seven Eleven converted to a Moose Lodge. Land uses on the surrounding properties is as follows: North— Land directly north and northeast is R-2 and R-1-A, respectively, and has been built out with single-family residences and manufactured homes. Land to the northwest is zoned C-1. South— All properties along Sylvester are zoned C-1, and are occupied with the following uses: A residence, Telco Wiring and Repair, and the Hut Restaurant, an Exxon Service Station and the Washington TV company. East 8v West—Land to the east and west along Sylvester is zoned C-1, with the following uses: One residence, the Advanced Automotive garage, the Carpenter's Union Hall, the Thrifty Supply wholesale, and the Knights of Columbus building 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area as Commercial. The plan also encourages commercial development to locate along major arterials and encourages the concentration of activities that functionally benefit each other. Automotive sales and services are available in the vicinity. 6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a determination of nonsignificance in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43.21 (c ) (RCW). ANALYSIS The applicant is proposing to locate a car sales lot on the northeast corner of Sylvester and Road 28. The municipal code permits auto sales in the C-1 zone with a special permit, provided certain location criteria are met. The site is located on a major arterial, which meets the location criteria to be considered for an auto sales special permit. The intersection of Sylvester and Road 28 has supported automotive related activities for several years. The Exxon Service Station and car wash is located on the southwest corner of Sylvester and Road 28. The Advance Automotive shop is to the east along Sylvester. The building to the north of Advanced Automotive has been used for an auto parts store for many years. North on Road 28 there are two major car dealers and an RV sales facility. State Transmission is also located 450 feet to the southeast. The site in question contains a commercial building that was once used as a Seven Eleven store and has a paved parking lot. FINDINGS OF FACT 1) The site is currently used as a Moose Lodge. 2) The property is zoned C-1. 3) The C-1 District permits the location of auto repair shops, tire repair shops, taverns and a variety of retail businesses. 4) The Comprehensive Plan identifies the site and surrounding area for commercial uses. 5) Properties directly to the east and west are zoned C-1. 6) The C-1 property directly to the east contains a single family residence. 7) The applicant desires to use the property for auto sales. 8) Automotive sales lots in C-1 zones require a special permit. 9) Automotive related businesses are located to the west, north and southeast of the site. 10) The Comprehensive Plan encourages the concentration of activities which are functionally related and economically beneficial to each other. 11) Two major auto dealerships are located north of Sylvester Street on Road 28. 12) The zoning regulations require site improvements in the form of landscaping and hard-surfaced customer parking lots. 13) The site has landscaping and the parking lot surface is adequate. 14) Car sales lots are often cluttered with various types of signs. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must make findings of fact from which to draw conclusions based upon the criteria listed in P.M.C. 25.86.060. The criteria are as follows: 1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The Comprehensive Plan designates this area for commercial development. Policy LU-1-D encourages the clustering commercial development at major intersections. Policy LU-4-A also encourages the location of commercial activities at major intersections. Policy LU-4-B encourages the concentration of activities which are functionally and economically beneficial to each other. 2) Will the proposed use adversely affect public infrastructure? The proposed use is located along a major arterial and places minimal demands on the established infrastructure systems. Other permitted uses such as restaurants and taverns would place a greater demand on the public infrastructure than this proposed use. 3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The proposed use is consistent with the established character of the area. 4) Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? The proposal involves display of automobiles. Therefore location and height of structures is not an issue. The height of the existing building will not altered. s) Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? The proposed use will not create more traffic, flashing lights, fumes or vibrations than many of the permitted uses, such as convenience stores or fast food restaurants. 6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in anyway will become a nuisance to uses permitted in the district? The proposed use is less intensive in terms of impact on public health and safety than many of the permitted uses such as fuel sales. Material and merchandise involved with the proposed activity will not become a hazard or danger to surround properties. Recommendation MOTION: I move the Planning Commission adopt the Findings of Fact and conclusions as contained in the March 16, 2006 staff report. MOTION: I move, based on the findings of fact as adopted, the Planning Commission recommend the City Council grant a special permit to Butch Lindstrom to operate a Car Sales lot at the northeast corner of 28th and Sylvester Street with the following conditions: (1) The special permit is personal to the applicant; (2) All parking lot and display areas shall be improved with asphalt; (3) The property shall be landscaped to meet the provisions of PMC Chapter 25.76 Landscaping and Screening; (4) No outdoor loud speakers or intercom systems are permitted. (5) Only one freestanding sign shall be allowed on the property and shall be limited to a maximum of 30 feet in height. No roof signs shall be allowed. (6) Parking lot lighting shall include cut off shields to prevent light from encroaching on neighboring properties. (7) A buffer fence of six feet in height shall be erected along the north property line and along the east property line north of the office building (existing moose lodge). (8) Hours of operation shall be from 9:00 am to 6:00 pm weekdays 10:00 am to 3:00 pm Saturdays and closed on Sundays. (8) The special permit shall be null and void if the required improvements are not made and a City of Pasco business license has not been obtained by December 31, 2006. v f w x c bli i. �✓a�5� � c lib °,off' ---- ,��� -:,n ► ,� Inc c �—. VICINITY MAP ITEM : SPECIAL PERMIT Car Sales in a C- 1 Zone APPLICANT: Butch Linstrom FILE #: SP 06- 003 - NaON STREET �✓ F M� � ✓ CQ / z �6r) ,I W W. YLVESTER ST CQ I Q i x i W. IRVING ST I W � l x IF , C\2 Ui LAND USE MAP ITEM : SPECIAL PERMIT Car Sales in a C- 1 Zone APPLICANT: Butch Linstrom FI LE #: SP 06 - 003 VACANT NIXON STREET _ z / Ser ice Service Clubs W ,� Club 4 65 W. YLVESTER ST VACANT o 'S is L W. IRVING ST C MME CIAL —� MMER CIA LEwIS ST \� w co COMME CIAIJ CQ ZONING MAP ITEM : SPECIAL PERMIT Car Sales in a C- 1 Zone APPLICANT: Butch Linstrom FILE #: SP 06- 003 NIXON STREET C - 3 d R v✓ H CQ CQ rnl \�\ "1 C I rn� ") W. YLVESTER ST C-3 / �0 P4 ( W. IRVING ST c - 1 co W C - 3 ccc CQ l co PLANNING COMMISSION MINUTES 2/16/06 D. Public Hearing: SPECIAL PERMIT: Location of a car sales lot at the northeast corner of Road 28 and Sylvester Street) MF# SP06-003) Chairman McCollum read the master file number and asked for the Staff report. Staff stated the applicant (Butch Lindstrom) was requesting a special permit for location of a car sales lot at the northeast corner of Road 28 and Sylvester Street. The request was similar to one the Planning Commission reviewed for the south side of Sylvester last year. Staff reviewed the items in the written report for the benefit of the Planning Commission. Chairman McCollum asked if there were any questions of Staff. Commissioner Mosebar asked if the lot east of the site was a home, and if increased lighting would have a negative effect on it. Staff replied the effects of lighting could be mitigated by shielding with lights such as the ones used at the Wal-Mart store for example. Commissioner Mosebar stated that the woman who lives next door is an elderly woman. He stated concern that the elderly woman living next door would not come forward and speak on this issue. He felt it would be important for the commissioners to know what her feelings would be on this issue. Commissioner Rose asked if the applicant is the same one for the car lot on the other side. Staff stated yes. Commissioner Mosebar asked if that lot across the street had been recently rezoned to C-3. Staff replied that it was rezoned to C-3 about 18 years ago. Commissioner Mosebar asked if that application for the site south of Sylvester had already been passed through City Council, and if it had approved. Staff stated yes it had been approved and that the applicant was in the audience tonight and may be able to answer questions as to why the change is being sought. CHAIRMAN MCCOLLUM OPENED THE PUBLIC HEARING AND ASKED IF THERE WAS ANY ONE PRESENT THAT WISHED TO SPEAK ON THIS MATTER. Joanne Ono, 5108 W. Argent Road, is related to the elderly lady whose husband built that house in the early 1950's. The neighbor has been widowed for many years and it is really a hardship on her to come down and discuss it. Ms. Ono stated is was sad to squeeze a resident who has been there so long, when there are so many other locations available. Butch Lindstrom, 4703 Adobe, commented the lighting would be up facing PLANNING COMMISSION MINUTES 2/16/06 towards 28th, not facing the neighbors back yard, the reflection of the lights would go out towards 28th. The house and the building (Moose Lodge are located side by side. Commissioner Mosebar stated lighting was a concern on how it would affect the neighbor. Mr. Lindstrom stated that current zoning would permit a bar, tavern or partying until 2:00 a.m.. Mr. Lindstrom stated that beer and hard liquor could be served on the site until 2:00 a.m. in the morning. Commissioner Mosebar reiterated that he was interested in the quality of life property value for the neighbor. He was also interest in knowing what happened to intentions for the property across the street. Mr. Lindstrom answered that it is still in the process, but that they ran into delays due to engineering glitches. Commissioner Anderson asked what hours of operation would be. Mr. Lindstrom answered the hours of operation would be between 9:00 a.m. to 6:00 p.m. weekdays, Saturday from 10:00 a.m. to 3:00 p.m., and closed on Sunday, that family day. Commissioner asked if he would be operating both of them. Mr. Lindstrom replied that he is selling his Lewis Street location, and he plans to operate at the northeast corner of 28th and Sylvester while he resolves the engineering problems on the other location. Commissioner Little asked if the Moose (Lodge) was still operating. Mr. Lindstrom replied yes. Commissioner Little asked if they would take over that building. Mr. Lindstrom replied yes. Commissioner Anderson asked how long Mr. Lindstrom anticipated using the site? Mr. Lindstrom estimated about a year. Commissioner Anderson asked about the sale of Bull Dog Motors. Mr. Lindstrom stated that he was trying to move further west. Commissioner Little asked how cars would be on the lot? Mr. Lindstrom replied probably 25-30, just enough to keep going in business while the other one is built. Following three (3) calls from Chairman McCollum for comment from the floor, either for or against, the public meeting was declared closed. Commissioner Anderson stated, prior to taking any action, that 1) shielded PLANNING COMMISSION MINUTES 2/ 16/06 lighting from the residence to the west, and 2) the hour of operation as Mr. Lindstrom stated should be added to the conditions of approval. Commissioner Little moved the Planning Commission close the public hearing on the proposed special permit, initiate deliberations, and schedule adoption of amended findings of facts and conclusions, and a recommendation for the Planning Commission meeting of March 16, 2006. Commissioner Hay seconded, motion carried unanimously. Commissioner Mosebar asked when Planning Commission receives the next packed these amendments would be in there. Staff affirmed the shielded lighting and hours of operation would be included in the next packet. Commissioner Anderson called for the question. Motion carried unanimously. PLANNING COMMISSION MINUTES 3/ 16/06 C. Special Permit Car Lot in a C-1 zone at the corner of 28th and Sylvester (Butch Lindstrom) (MF #SP06-003) Chairman McCollum read the master file number and asked for the Staff report. Staff explained a public hearing was held at the February 16th regular meeting, where public input was provided on the proposed special permit for Butch Lindstrom to operate a Car Sales lot at the northeast corner of 28th and Sylvester. The public hearing was closed and deliberations for the development of a recommendation were set for 16th regular meeting. Chairman McCollum asked if there were any f Staff. Commissioner Little asked of Item 7 of tho edition was meant to read "6 feet" in height as opposed to "6 inches",g-f t` 't r ¢fence '61',ht, and what kind of materials would be permitted. x�. Staff responded that fence would be 6-1ee1jn height, solid wood, chain link with slats, vinyl, block, etc. The fence in questiort�x s,��oca +ed along on the east side of the property, along the back side of the adjoiill"" residential lot. Commissioner Little asked if 1 ywas any 66hy- onation with the property owner. NQ T � Staff answered there was x�ot. They po ioWof the lot where the bulk of the cars will be located is la unuse ardenurea at this time. Commissioner Anderson rned thening Commission adopt the Findings of Fact and cori"clskons flee from a ,contained in the March 16, 2006 staff report. g , Commissoery seco d, motion carried unanimously. Comr.i8sioner Aii& son m ed based on the findings of fact as adopted, the Pla rt ng Commission" recori mend the City Council grant a special permit to Butch`'L hdstrom to operate a Car Sales lot at the northeast corner of 28th and Sylvestereet withonditions as contained in the March 16th Staff Report. Commission ,aa seconded, motion carried unanimously. Staff explained the appeal process and stated this and previous item would go before the City`Council at the next regular meeting unless an appeal is filed. AGENDA REPORT NO. 28 FOR: City Council DATE: 3/29/06 TO: Gary Crutch*anEconomic Manager . WORKSHOP: Richard J. Sirector REGULAR: 4/3/06 Community Development FROM: David I. McDonald, City Planner"—'" SUBJECT: SPECIAL PERMIT: Powder Coating and Sandblasting Shop in a C-3 Zone (Ron McGuire) (104 S. Tacoma Ave) (MF #SP06-004) I. REFERENCE(S): A. Report to Planning Commission: B. Planning Commission Minutes: Dated 2/16/06 & 3/16/006 II. ACTION REQUESTED OF COUNCEL/STAFF RECOMMENDATIONS: MOTION: I move to approve the special permit for the location of a powder coating and sandblasting shop at 104 South Tacoma as recommended by the Planning Commission. III. FISCAL IMPACT: NONE N. HISTORY AND FACTS BRIEF: A. On February 16, 2006 the Planning Commission conducted a public hearing to consider a special permit application for the location of powder coating and sandblasting shop at 104 South Tacoma. B. Following conduct of a public hearing, the Planning Commission reasoned that with conditions, it would be appropriate to permit a powder coating and sandblasting shop at 104 South Tacoma. The recommended conditions are contained in the attached report. C. No written appeal of the Planning Commission's recommendation has been received. 10(e) REPORT TO PLANNING COMMISSION MASTER FILE NO: SP06-004 APPLICANT: Ronald McGuire HEARING DATE: 02/16/06 PO Box 227 ACTION DATE: 03/ 16/06 2905 Clearwater Ave Lewiston, ID 83501 BACKGROUND REQUEST: Special Permit Powder Coating and sandblasting in a C-3 (General Business) Zone 1. PROPERTY DESCRIPTION: Legal: LOTS 4 TO 6, BLOCK 2, N P PLAT, LESS S 10' LOT 4 General Location: 104 S Tacoma Ave Property Size: 18,200 sq. ft. 2. ACCESS: The property has access from Tacoma Avenue and from an alley off of 18t Avenue south of West Lewis Street. 3. UTILITIES: All municipal utilities are available to the site. 4. LAND USE AND ZONING: The lot in question is zoned C-3 (General Business) and contains a commercial building and a vehicle storage yard. Surrounding properties to the north and south are zoned C-3 (General Business). Various commercial buildings are located north and south of the site. The properties south of Columbia Street are zoned I-1 (Light Industrial) as are the rail yards to the east. 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area for commercial uses. Property to the east is designated for industrial use. 6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a determination of nonsignificance in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43.21(c) RCW. ANAYLSIS The proposed powder coating and sand blasting business is similar in nature and operation to an automotive paint shop. Considerable dust and noise can be generated by the sand blasting part of the business. Auto body paint shops are permitted by right only in the industrial zones. They may be permitted in a C-3 zone after review through the special permit process. Therefore the proposed use was deemed to require review through the special permit process. The proposed site is located in a C-3 zone just south of the Lewis Street underpass. The BNSF rail yards and main line track are located directly east across Tacoma Avenue from the site. The special permit process provides an opportunity to review proposed land uses to determine whether or not conditions can be applied that will ameliorate any possible negative impacts to surrounding uses. In this case the location may help mitigate noise impacts due to its proximity to the rail yards. Ventilation and the control of dust may need to be addressed to reduce negative impacts to adjoining properties. INTIAL STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are findings drawn from the background and analysis section of the staff report and comments made at the public hearing. The Planning Commission may add additional findings as deemed appropriate. 1. The site is zoned "C-3" (General Business). 2. Surrounding properties to the north, east and west are zoned "C-3" 3. Property to the east across Tacoma Avenue is zoned I-1 Light Industrial. 4. Property to the south of Columbia Avenue is zoned I-1 5. Auto body repair and painting shops are permitted in C-3 districts by special permit approval. 6. The BNSF rail yard and main line are located directly to the east. 7. Significant train traffic occurs in the BNSF yards. 8. Train traffic and activities in the BNSF rail yard creates considerable noise. 9. There are no immediate residential neighbors near the site. 2 CONCLUSIONS BASED ON STAFF FINDINGS OF FACT The Planning Commission must make findings of fact based upon the criteria listed in P.M.C. 25.86.060. The criteria and staff listed findings are as follows: 1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The Comprehensive Plan designates this area for commercial development. The Comprehensive Plan encourages the concentration of similar types of business activities. Auto sales, auto repair, auto towing, auto storage and impounding are activities that occur on nearby properties. 2) Will the proposed use adversely affect public infrastructure? The proposed use will not create significant impacts on public infrastructure. Sewer and water usage for powder coating and sandblasting is minimal. 3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The general character of the neighborhood is characterized by a mix of heavy (high intensity) commercial and light industrial activities. The railroad yard is located just to the east across Tacoma Avenue. Automotive related businesses are located adjacent to the proposed powder coating and sandblasting shop. The general character of the immediate neighborhood will not change. 4) Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereo.f? Structures already exist on the property. The proposed use of the site will have little impact on surrounding business and industrial activities. 5) Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? 3 The operations of the proposed powder coating and sandblasting shop will not be objectionable to surrounding automotive related businesses. Without the implementation of mitigation measures for dust control the proposed use could be objectionable to neighboring properties. 6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in anyway will become a nuisance to uses permitted in the district? The grinding, sanding, banging, and sand blasting parts and equipment to powder coat will create noise, vibrations and dust that may become a nuisance to nearby properties. RECOMMENDATION MOTION for Findings of Fact: I move to adopt findings of fact and conclusions there from as contained in the March 16, 2006 staff report. MOTION for Recommendation: I move, based on the findings of fact and conclusions there from the Planning Commission recommend the City Council grant a special permit to Ronald McGuire for a Powder Coating business at 104 South Tacoma Avenue with the following conditions: 1) The special permit shall be personal to the applicant; 2) The outside yard area of the property shall be cleaned of any debris and old vehicles; 3) The portable oven shall be installed to meet all electrical and plumbing code requirements; 4) The portable oven shall be installed in conformance with all applicable State regulations; 5) No sand blasting shall occur in open yard area. 6) Sand blasting must occur in a structure to control dust emissions; 7) The special permit shall be null and void if a City of Pasco business license is not obtained by December 31, 2006. 4 VICINITY MAP ITEM : SPECIAL PERMIT Powder Coating APPLICANT : Ronald McGuire FILE # : SP 06 - 004 N 0 1 , SITE I- 1 E. 0 N n 1 oL I - 1 LAND USE ITEM : SPECIAL PERMIT Powder Coating APPLICANT: Ronald McGuire FILE # : SP 06-004 SIT c' 51 7�4 j SIT SITE N n 1 I - 1 � ZONING ITEM : SPECIAL PERMIT Powder Coating APPLICANT: Ronald McGuire FILE # : SP 06 -004 N 0 C� �Cl � E• �•�5 � SITE N "0 d � �rG I - 1 PLANNING COMMISSION MINUTES 2/ 16/06 E. Public Hearing: SPECIAL PERMIT: Powder Coating and Paint Shop to be located at in a C-3 (General Business) Zone (Ronald McGuire) (MF# SP06- 0041 Chairman McCollum read the master file number and asked for the Staff report. Staff stated the applicant (Ronald McGuire) was requesting a special permit for location of a powder coating and paint shop to be located in a C-3 zone. The use similar to an auto painting shop and staff determined it would need a special permit. The use is permitted in an I-1 zone, but can be located in a C-3 zone with a special permit. Staff reviewed the written report for the benefit of the Planning Commission. Chairman McCollum asked if there were any questions of Staff. CHAIRMAN MCCOLLUM OPENED THE PUBLIC HEARING AND ASKED IF THERE WAS ANY PRESENT THAT WISHED TO SPEAK ON THIS MATTER. Rob McGuire, 382 Lourdes Drive, Clarkston, Idaho, owner of Custom Coat Powder Coating stated he differed on the point that power coating is similar to autobody painting. He stated powder is a green process, which has the consistency of baby powder. It falls on the floor, can be swept up, and put in a landfill. There are no carcinogens floating around the air, nor smell. As far as the sandblasting goes, it is dusty from time to time, it is done in a three sided building which controls the dust. A special sand called star-blast, made by DuPont is used which is environmental sensitive. Chairman McCollum asked what the process is used on. Mr. McGuire answered it can be used on anything metal that can be put in an oven and baked at.4000F. Powder is a plastic that goes on as a powder that turns into a liquid that encases the metal. It is a form of plastic that has no odor, nor smell. Commissioner Little asked what it was used on? Mr. McGuire answered railings for your house, agricultural parts, boat parts, as long as it can fit in an oven and is made of metal or aluminum. They help in manufacturing quite a bit. Someone who has pieces they are trying to assemble that have to painted can power coat them with less steps, less money, and as soon as they are out of the oven and cooled can be assembled and sold. It's the wave of the future. Commissioner Little asked if there are any gases or fumes. Mr. McGuire answered no, there will be no smell. Commissioner Rose asked if it is just sprayed on. Mr. McGuire stated that it is sprayed through an electrostatic type gun, which charges the particles so that they cling to the surface until it is baked on. PLANNING COMMISSION MINUTES 2/16/06 Commissioner Rose asked if the sandblasting was just to remove the previous paint and rust. Mr. McGuire affirmed that the sandblasting give powder a good surface to adhere to. Commissioner Mosebar asked how many people Mr. McGuire would employ. Mr. McGuire responded about six, including himself. Commissioner Mosebar asked if he were planning to move here. Mr. McGuire replied, no, that he would travel between the two shops. Commissioner Anderson stated that he is restoring a car and is happy to see him coming. Patrick Crawford, 4506 Yuma Drive, shop manager for local painting contractor, was concern about the sandblasting. He felt the location was not a good site for sandblasting. Eileen Crawford, 4506 Yuma Drive, did not think sandblasting in an open pit was going to be very aesthetically pleasing. Industrial zones are created for a very specific purpose. Ms. Crawford felt this business would increase air pollution and contaminant the soil. Following three (3) calls from Chairman McCollum for comment from the floor, either for or against, the public meeting was declared closed. Commissioner Anderson moved the Planning Commission close the public hearing on the proposed special permit, initiate deliberations, and schedule adoption of findings of facts, conclusions and a recommendation for the Planning Commission meeting of March 16, 2006. Commissioner Hay seconded, motion carried unanimously. PLANNING COMMISSION MINUTES 3/16/06 D. Special Permit Powder Coating and Sand Blasting Shop in a C-3 Zone (Ron McGuire) (MF #SP06-0041 Chairman McCollum read the master file number and asked for the Staff report. Staff explained a public hearing was held at the February 16th regular meeting, where public input was provided on the proposed special permit for Ron McGuire to operate a powder coating and sand blasting shop in a C-3 zone. The public hearing was closed and deliberations for the development of a recommendation were set for the March 16th regular xrt eting. Chairman McCollum asked if there were any questions of Staff. Commissioner Anderson moved the Planning is`iQn adopt the Findings of Fact as contained in the March 16, 2006 staff report Commissioner Hay seconded, motion ca °ied with one oppy sing vote from Commissioner Smurthwaite. Commissioner Anderson moved based one"the rici gs of fact as adopted, the Planning Commission recommend the Cityuncil grant a special permit to Ronald McGuire for a powder ,coating business at 104 South Tacoma Avenue with conditions as contained in� fiIarch 16tf -: eport. ,y Commissioner Little seconded, one opposing vote from Commissioner Smurthvrate. ` x# aaa; Staff explained the aealcess and stated this item would go before the City Council at the nest regular jeeting ues an appeal is filed. 1 a Fx `:- AGENDA REPORT NO. 27 FOR: City Council DATE: 3/29/06 TO: Gary Crutchfie t Manager WORKSHOP: Richard J. Smit , Director rlY REGULAR: 4/3/06 Community an Economic Development FROM: David I. McDonald, City Planner PI—L SUBJECT: SPECIAL PERMIT: Location of a Community Service Facility Level 1 at 723 W Clark (Center for Sharing) (MF # 05-. 118-SP I. REFERENCE(S): A. Report to Planning Commission: B. Planning Commission Minutes: Dated 2/16/06 & 3/16/006 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve the special permit for the location of a Community Service Facility Level 1 at 723 West Clark Street as recommended by the Planning Commission. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On February 16, 2006 the Planning Commission conducted a public hearing to consider a special permit application for the location of a Community Service Facility Level 1 at 723 West Clark Street. B. Following conduct of a public hearing the Planning Commission reasoned that with conditions, it would be appropriate to permit a Community Service Facility Level 1 at 723 West Clark Street. The recommended conditions are contained in the attached report. C. No written appeal of the Planning Commission's recommendation has been received. 10(t) REPORT TO PLANNING COMMISSION MASTER FILE NO: 05-118-SP APPLICANT: Center for Sharing HEARING DATE: 2/16/06 723 W. Clark St ACTION DATE: 3/ 16/06 Pasco, WA 99301 BACKGROUND REQUEST: Special Permit Community Service Facility.Level 1. 1. PROPERTY DESCRIPTION: Legal: PETTITS ADD LOT 11, EXC W 12' THEREOF ALL LOT 12, BLK 9. General Location: 719-723 W CLARK ST. Property Size: 11,875 square feet or approximately .27 acres 2. ACCESS: The property has access from Clark Street. 3. UTILITIES: All municipal utilities are available to the site. 4. LAND USE AND ZONING: The lot in question is zoned R-1 (Low density residential) and contains a duplex. Surrounding lands along Clark Street are zoned with a mix of R-1 and C-1, with commercial zoning to the south and east, and residential zoning to the north and west. There are a number of multifamily buildings located on the south side of Clark Street. 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the property for low-density residential. 6. ENVIRONMENTAL DETERMINATION: This proposal has been issued a determination of nonsignificance in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43.21(c) RCW. ANAYLSIS The Center for Sharing operates a mentoring program for young college age adults teaching life skills in a residential environment. The program teaches young people the basics of community service, personal leadership and spiritual development while encouraging the continuation of advanced education. The Center of Sharing provides a opportunity for young people to live and work together as they are taught good work place habits, team work and service. The activities proposed by the applicant (Center for Sharing) fall within the definition of a Community Service Facility. A Community Service Facility is a conditional use in an R-1 zone per PMC 25.28.010 "permitted conditional uses," and PMC 25.86.020 "Unclassified Uses." Community Service Facilities can only be located in the community after review through the special permit process. In addition the residential mentoring program the Center for Sharing program will operate an office in conjunction and in support of the programs for the students. The surrounding neighborhoods to the east west and south contain a mix of single family, multi-family, commercial and community service uses. The 1St Methodist Church is located one lot to the east of the property in question. The Methodist Church sponsors a community health clinic which received approval by special permit in 2002. there is also a church located at 622 W Clark Street. The proposed facility will be used jointly as a temporary Center for Sharing business office and the Center for Sharing rental apartment management. INTIAL STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The site is located in an R-1 zone. 2. The site is located on Clark Street. 3. Clark Street divides Commercial uses to the south from residential uses to the north and west. 4. Adjoining property to the east is owned by a church and is used for community services. 5. Property immediately to the north and west is zoned residential. 6. There is one commercially zoned parcel to the west on the corner of Clerk and 7th Avenue. 7. Property across Clark Street to the south is zoned C-1 8. The Center for sharing serves primarily young college-age adults. 9. The applicant has stated that requested use is temporary. 10. No permit is on file for a permanent location. 2 11. The United Methodist Church is located one lot to the east of the proposed activity. 12. A community health clinic was granted a special permit to operate in the Methodist church in 2002. CONCLUSIONS BASED ON STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusion based upon the criteria listed in P.M.C. 25.86.060. The criteria are as follows: 1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? Community Service Facilities are not specifically discussed in the Comprehensive Plan, but various elements of the plan encourage the fostering of educational facilities throughout the community. 2) Will the proposed use adversely affect public infrastructure? A well established street system and all necessary municipal utilities serve the proposed site. Infrastructure will not be adversely affected. 3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The general character of the neighborhood is mixed commercial and residential with a number of community service facilities such as churches nearby. The intended character of the property is residential uses. The character of the neighborhood will not be altered because no exterior alterations are planned. 4) Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof The Center for Sharing will locate in an existing building. The building exterior will not be changed. 5) Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes vibrations, dust, traffic, or 3 flashing lights than would be the operation of any permitted uses within the district? A proposed use will not add more noise, fumes vibrations, dust, traffic, or flashing lights than would any other permitted uses within the district. The proposed use will be less intense than activities at the Methodist church on a busy Sunday or on days when the health clinic is operational. 6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in anyway will become a nuisance to uses permitted in the district? The proposed site is located in a mixed residential and commercial area serviced by a main (Clark) Street. The minimal activity generated by a the proposed use will not endanger the public health, safety, or welfare or create a greater nuisance than that of other permitted uses within the area. MOTION for Findings of Fact: I move to adopt findings of fact and conclusions there from as contained in the March 16, 2006 staff report. MOTION for Recommendation: I move, based on the findings of fact and conclusions there from the Planning Commission recommend the City Council grant a special permit to The Center for Sharing to operate a Community Service Facility Level I at 719-723 West Clark Street with the following conditions: 1) The special permit shall be personal to the applicant; 2) The exterior of the building shall not be altered to look like anything other than a residential duplex; 3) The property shall be used for the Center for Sharing Office and the Leadership Intern Program; 4) All housing code requirements must be strictly observed for the housing of interns; 5) The special permit shall be null and void if an occupancy certificate has not been obtained by July 3, 2006. 4 VICINITY MAP ITEM : SPECIAL PERMIT- COMMUNITY SERVICE FACILITY APPLICANT: CENTER FOR SHARING FILE #: M F#05- 118- SP w• $o� s 5� N W• OAS ST Co1'U.�$ZA ST �N ZONING MAP ITEM : SPECIAL PERMIT— COMMUNITY SERVICE FACILITY APPLICANT: CENTER FOR SHARING FILE #: M F#05- 118—SP � sz sz SIT w• �j'p'g� � I x 3 N qi� w Co1'���gZA s� w� PLANNING COMMISSION MINUTES 2/ 16/06 B. Public Hearing: SPECIAL PERMIT: Community Service Facility Level I at 719-723 W Clark (Center for Sharing) (MF# 05-118-SP) Chairman McCollum read the master file number and asked for the Staff report. Staff stated the applicant (Center for Sharing) was requesting a special permit for location of a Community Service Facility Level I at 719-723 W Clark Street. The proposed facility will be housed in and existing a duplex one lot west of the Methodist Church building. Staff explained The Center For Sharing teaches college age students basic life skills in a residential environment. The program teaches young people the basics of community service, personal leadership and spiritual development while encouraging the continuation of advanced education. Chairman McCollum asked if there were any questions of Staff. Commissioner Hay asked if any comments were received from the neighbors. Staff responded that one phone call was received and one young lady came in wanting to know the Center For Sharing was. The respondents didn't appear to have any concerns. Staff also explained that approximately four years ago, a community service facility application was before the Planning Commission in the form of a community health center which is currently located in the Methodist Church. It operates a couple of days a week. Commissioner Mosebar asked if the site was the old parsonage? Staff replied the site is located in the duplex west of the parsonage. CHAIRMAN MCCOLLUM OPENED THE PUBLIC HEARING AND ASKED IF THERE WAS ANY ONE PRESENT THAT WISHED TO SPEAK ON THIS MATTER. Glenn Cross, 657 Hansen Loop Road, Burbank, Co-director for The Center for Sharing, stated staff did a good job of presenting his request. Chairman McCollum asked how long the typical stay is in the facility? Mr. Cross answered around two years, maximum, sometimes less. Chairman McCollum asked participants would be attending school while in the program. Mr. Cross answered participants are required to either attending CBC or working on their GED. They also work 35 hours per week in Pasco Elementary Schools, working on leadership development, and regular life skills (i.e., budgeting). Chairman McCollum asked how many residents would be in the housed in the duplex at one time. Mr. Cross replied five or six. Commissioner Anderson asked where the students come from. PLANNING COMMISSION MINUTES 2/ 16/06 Mr. Cross answered word of mouth, an occasional ad in the Tri-City Herald. Commissioner Little asked who provides supervision. Mr. Cross answered that a former intern who has graduated is currently the coordinator. Commissioner Little asked if that person lives there too. Mr. Cross answered, yes he lives on site. Following three (3) calls from Chairman McCollum for comment from the floor, either for or against, the public meeting was declared closed. Commissioner Mosebar moved the Planning Commission close the public hearing on the proposed special permit, initiate deliberations, and schedule adoption of findings of facts, conclusions and a recommendation for the Planning Commission meeting of March 16, 2006. Commissioner Anderson seconded, motion carried unanimously. PLANNING COMMISSION MINUTES 3/ 16/06 B. Special Permit Location of a Community Service Facility Level 1 at 723 W Clark (Center for Sharing) (MF # 05-. 118-SP) Chairman McCollum read the master file number and asked for the Staff report. Staff explained a public hearing was held at the February 16th regular meeting, where public input was provided on the proposed special permit for a community service facility Level I to be located at 723 W Clark. The public hearing was closed and deliberations for they development of a 2"e recommendation were set for the March 16th regular,Y. eetirig. Chairman McCollum asked if there were any q tionsycf Staff. u Commissioner Hay moved the Planning Comrrson ado the Findings of Fact and conclusions there from as contained irk t-�'e°1Vlarch 16, 2�Q6 staff report. Commissioner Anderson seconded, mo cared unanimous Commissioner Hay further moved based ' the #ridings of fact as adopted, the Planning Commission recommend the City. ounce grant a special permit to The Center for Sharing to operate a Comrri4ty Service Facility Level 1 at 719-723 West Clark Street witfi'N�d#�ions as co it aed in the March 16th Staff Report. , , s1 Commissioner Andersor Secondedn ion parried unanimously. Staff explained the ppea � cess as°d stated this item would go before the City Council at the neat,regular meeting �les an appeal is filed. 1. yX r§e. b ak„