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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
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E. ADELIA ST
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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.
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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)
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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
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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.
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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.
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VICINITY MAP
ITEM : SPECIAL PERMIT Car Sales in a C- 1 Zone
APPLICANT: Butch Linstrom
FILE #: SP 06- 003
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ITEM : SPECIAL PERMIT Car Sales in a C- 1 Zone
APPLICANT: Butch Linstrom
FI LE #: SP 06 - 003
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ITEM : SPECIAL PERMIT Car Sales in a C- 1 Zone
APPLICANT: Butch Linstrom
FILE #: SP 06- 003
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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.
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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
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LAND USE
ITEM : SPECIAL PERMIT Powder Coating
APPLICANT: Ronald McGuire
FILE # : SP 06-004
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ITEM : SPECIAL PERMIT Powder Coating
APPLICANT: Ronald McGuire
FILE # : SP 06 -004
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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.
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Commissioner Little seconded, one opposing vote from
Commissioner Smurthvrate. `
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Staff explained the aealcess and stated this item would go before the City
Council at the nest regular jeeting ues an appeal is filed.
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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.
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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
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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.
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VICINITY MAP
ITEM : SPECIAL PERMIT- COMMUNITY SERVICE FACILITY
APPLICANT: CENTER FOR SHARING
FILE #: M F#05- 118- SP
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ZONING MAP
ITEM : SPECIAL PERMIT— COMMUNITY SERVICE FACILITY
APPLICANT: CENTER FOR SHARING
FILE #: M F#05- 118—SP
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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
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recommendation were set for the March 16th regular,Y. eetirig.
Chairman McCollum asked if there were any q
tionsycf Staff.
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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. , ,
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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.
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