Loading...
HomeMy WebLinkAbout2006.03.13Council Special Meeting Packet AGENDA PASCO CITY COUNCIL Special Meeting 7:00 p.m. March 13,2006 1. CALL TO ORDER. 2. ROLL CALL (a) Pledge of Allegiance. 3. BUSINESS ITEMS: Q(a) Special Permit (Appeal MF 4 INFO06-003) Location of a Vocational Farm for the Pasco School District(MF 405-167-SP) (TRAKIT#SP05-122): 1. Agenda Report from David 1. McDonald, City Planner dated March S, 2006 2. Staff Memo on appeal letter and new evidence. 3. Binder dated March 6, 2006 containing Hearing Record (provided at the 3/6/06 Council meeting). 4. Appellant's new written evidence. 5. School District response to new evidence including Farm Management Plan. (NOTE: references are provided to the Council only. Copies of references are available in Planning Office or the Pasco Library for public review.) CONDUCT A CLOSED RECORD HEARING: MOTION A (approve with no changes): I move to concur in the findings of fact and conclusions therefrom as recommended by the Planning Commission and, further, grant the special permit with conditions as recommended by the Planning Commission. MOTION B (approve with changes): (1) I move to alter the findings of fact recommended by the Planning Commission by: (add/delete/modify findings) and adopt the modified findings of fact and conclusions therefrom. (2) Based on the modified findings of fact and conclusions therefrom, I move to grant the special permit with the following conditions: (list) MOTION C (deny the permit): I move to adopt the following findings of fact in lieu of those rendered by the Planning Commission: (list replacement findings) and, based on the new findings of fact and conclusions therefrom, deny the special permit application. 4. ADJOURNMENT. r + AGENDA REPORT NO. 20 FOR: City Council March 8,2006 TO: Gary Crutchfie Manager Richard J. Smit , ire ror Special Mtg.: 3/6/06 Community an Economic Development FROM: David I. McDonald, City Planner SUBJECT: SPECIAL PERMIT--(APPEAL MF# INFO06-003) Location of a vocational farm for the Pasco School District. (MF#05-167-SP) (TRAKIT# SP05-122) I. REFERENCES}: A. Staff Memo on appeal letter and new evidence B. Binder Dated March 6, 2006 containing Hearing Record (Provided at the 316106 Council Mtg.) C. Appellant's new written evidence D. School District Response to new evidence including Farm Management Plan * Note: references are provided to the Council only. Copies of references are available in Planning Office or the Library for public review. U. ACTION REQUESTED OF COUNCILISTAFF RECOMMENDATIONS: Conduct A Closed Record Hearing; MOTION A (approve with no changes): I move to concur in the findings of fact and conclusions therefrom as recommended by the Planning Commission and, further, grant the special permit with conditions as recommended by the Planning Commission. MOTION B (approve with changes): (1) I move to alter the findings of fact recommended by the Planning Commission by: (add/delete/modify findings) and adopt the modified findings of fact and conclusions therefrom. (2) Based on the modified findings of fact and conclusions therefrom, I move to grant the special permit with the following conditions: (list) MOTION C (deny the permit): I' move to adopt the following findings of fact in lieu of those rendered by the Planning Commission: (list replacement findings) and, based on the new findings of fact and conclusions therefrom, deny the special permit application. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A. On December 15, 2005 the Planning Commission conducted a public hearing to consider a special permit for the location of a vocational training farm on the proposed site of the second Pasco High School. The Planning Commission recommended approval of the special permit on January 19, 2006. 3(a) B. Following conduct of an open record pre-decision hearing, an adjoining property owner filed a written appeal of the Planning Commission's recommendation. The appeal required the City Council to set a time and date for a Closed Record Hearing to consider the appeal. The hearing was initially scheduled for February 21; however, notification requirements caused the Council to delay the hearing to March 6. At the March 01' meeting the Council accepted certain new evidence from the appellant and permitted written response by the School District by March 9th. V. DISCUSSION: A) Consideration of an appeal occurs in the form of a "Closed Record Hearing" (a review of the written record of the Planning Commission's deliberation and recommendation) conducted by the Council at a public meeting. The review is necessarily closed to additional evidence and testimony, unless Council finds acceptance of such is essential to correct a substantive deficiency in the record or a procedural error. In this particular case, the appellant asserted that certain environmental impact information was either omitted from or not adequately considered by the Planning Department and the Planning Commission in reaching their respective decisions (the Planning Department issued a "Declaration of Non Significance" for the permit action and the Planning Commission ultimately issued a recommendation to approve the special permit). B) Although the appellant's procedural error allegation is without merit the Council, based on the willingness of the applicant, (the school district)took the unusual step of permitting certain additional evidence to be added to the Planning Commission's record. The .record for review in the closed record hearing therefore consists of the material provided in the binder for the March 6th meeting and the additional material attached to this report. C) Council should review and deliberate the record as forwarded by the Planning Commission and as augmented by the applicant and appellant. Council should then identify any changes it deems necessary to the findings of fact provided by the Planning Commission; it then should use one of the following options: 1. If there are no changes to be made to the findings of fact and Council deems that conditions recommended by the Planning Commission are adequate in view of the findings of fact, then Council may simply approve the Planning Commission's recommendation by formal action (motion); 2. If changes to the findings of fact are deemed appropriate, those should be identified by Council discussion. If the changes can be adequately clarified during the meeting, then Council could formally (by motion) amend the findings of fact and approve, with or without modifications to the conditions, the permit or, in the alternative, deny the permit. In either case, the Council's decision on the permit application must be consistent with (supported by) its approved findings of fact. D) If Council requires additional time to determine amendments of the findings of fact and any permit conditions, it does posses the latitude to continue discussion at its regular meeting of March 20, 2006(1 week). AGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. March 13,2006 1. CALL TO ORDER 2. VERBAL REPORTS FROM COUNCILMEMBERS: 3. ITEMS FOR DISCUSSION: (a) First Night Tri-Cities: 1. Agenda Report from Gary Crutchfield, City Manager dated March 9, 2006. 2. Letter to City Manager from First Night Tri-Cities President dated 2/14/06. (b) Landscaping Regulations Code Amendment(MF#04-45-CA): 1. Agenda Report from David I. McDonald, City Planner dated March 8, 2006. 2. Proposed Ordinance. 3. Memo addressing questions on Proposed Code Amendments dated 3/8/06. (c) PMC Amendments for Special Events and Related Admissions Tax: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated February 23, 2006. 2. Proposed Ordinance. (d) Solid Waste Collection Rates: 1. Agenda Report from Gary Crutchfield, City Manager dated March 9, 2006. 2. Letter to City Manager from Basin Disposal, Inc., (BDI)dated 2/8/06. (e) Yard of the Month Awards: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated March 7, 2006. (f) Information on Chiawana Park/Sacajawea Heritage Trail: 1. Agenda Report from Stan Strebel, Administrative & Community Services Director dated March 7, 2006. 4. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) 5. EXECUTIVE SESSION: (a) (b) (c) 6. ADJOURNMENT. Reminders: 1. 12:00 p.m., Monday, March 13, Red Lion - Chamber of Commerce Membership Luncheon. ("Economic Development in the Tri-Cities" presented by Carl Adrian, President, TRIDEC) 2. 10:00 a.m., Tuesday, March 14, Senior Center - Senior Citizens Advisory Committee Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; BOB HOFFMANN, Alt.) 3. 5:30 p.m., Wednesday, March 15, Roy's Smorgy - Good Roads Association Board Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; MAYOR JOYCE OLSON, Alt.) 4. 12:00 p.m., Thursday, March 16, 720 W. Lewis Street-Pasco Downtown Development Association Board Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; MATT WATKINS, Alt.) 5. 1:00 p.m., Tuesday, May 16, Shilo Inn -National Active & Retired Federal Employees Association State Convention. (MAYOR JOYCE OLSON) 6. 7:00 p.m., Thursday, March 16, Pasco Red Lion-Order of the Amaranth Annual Session. (MAYOR PRO-TEM MATT WATKINS) 7. 11:30 a.m., Friday, March 17, Roy's Smorgy - Benton-Franklin Council of Governments Board Meeting. (COUNCILMEMBER TOM LARSEN, Rep.; BOB HOFFMANN, Alt.) AGENDA REPORT TO: City Council March 9, 2006 FROM: Gary Crutchfi Manager Workshop Mtg.: 3/13/06 SUBJECT: First Night Trrities I. REFERENCE(S): 1. Letter to City Manager from First Night Tri-Cities President dated 2/14/06 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 3/13: Discussion toward consensus III. FISCAL IMPACT: See below IV. HISTORY AND FACTS BRIEF: A) The "First Night Tri-Cities" event was initiated by a group of citizens in conjunction with the City of Kennewick about 10 years ago. The event is an alcohol free, family event conducted on New Year's Eve each year. It includes a variety of elements of the arts, etc. B) The event has been conducted principally in Kennewick over the 10 years, although it has rotated to Richland a couple of times and Pasco once. The event is typically conducted in a "downtown" setting to have sufficient venues for the variety of activities involved in the event. It also is intended to reinforce the vitality of the downtown areas. The event requires a substantial budget, provided largely by sponsorships. However, the "host city" has traditionally been required to provide $10,000 financial support in addition to a variety of logistical support for the event. C) The Pasco experience occurred in 2001 in downtown. The city provided $5,000 and the Downtown Association provided the other half of the financial commitment. Both provided logistical support for the event. A subsequent request by First Night Tri-Cities for a Pasco event was declined by the City Council, as the Downtown Association was not enthusiastic at the time and the Council felt the funding obligation exceeded the value of the event. Thus, Pasco has not been involved in the event for several years in any way. D) Tom Powers, current president of First Night Tri-Cities (the non-profit association which conducts the event each year), met with the three city managers recently to discuss some way of establishing a three-year commitment to the event on the part of the cities. The group discussed two options: first, each of the cities could commit to host the event over the three-year period (rotating "host" responsibilities) and provide the financial and logistical support in accordance with tradition; second, the three cities could each commit to an equal financial commitment each of the three years, the location of the event to be determined by the cities and First Night. The city managers generally felt the second option was preferable, as it would reflect the notion that the event is a "regional" event (it is available and used by a sizeable number of residents of each of the three cities, regardless of location) and the annual commitment of a smaller sum would be easier on each of the cities (rather than $10,000 the year you host the event). 3(a) 1, V. DISCUSSION: A) Staff urges Council to regard "First Night Tri-Cites" as a regional event, to which the city should commit an annual stipend for its support (to assure that it exists each year). The alternative is to conduct a New Year's alternative for Pasco alone or not at all; the relative value would not justify the expense and would detract from the larger regional event (essentially, a"lose-lose"). B) If Council concurs that it should support such a regional event on an annual basis, staff urges that it commit to a three-year agreement with First Night Tri-Cities and Kennewick and Richland, providing $3,500 financial support each year. In addition, staff urges Council not to require the event to be conducted in downtown Pasco, unless the Pasco Downtown Development Association commits to provide the logistical support necessary to host the event in downtown. Lastly, the city's commitment (if approved) should be contingent on the cities of Kennewick and Richland likewise committing to the regional event for three years. C) If Council concurs in the proposed concept, an appropriate formal agreement can be developed and brought to Council for its review and formal action (assuming concurrence of the other two cities). v RELMVE FEB 15 2006 TRI-CITIES City of Pasco ATTN: Gary Crutchfield February 14, 2006 Gary, Thank you for your attendance and participation in our meeting last week. As stated,the Board of Directors of First Night Tri-Cities is interested in pursuing the possibility of having the event scheduled on a rotating basis with Pasco, Kennewick, and Richland. It is our philosophy this is a regional event and the citizens of the area would be better served and have a better opportunity to attend and participate in this alcohol free, family event if it were to be held on this basis. Our proposal is each of the cities would contribute $3500.00 per year and the host city each year would also provide support of personnel,equipment, and expertise to assist the Board and the various committees of the organization to accomplish these goals. Our Fllitiu.l request is that your city agree to a three year commitment to allow each of the cities to participate once to see if it is workable and beneficial plan. �7-•h. .z n r� 1,-. a z s -a'1. ZIT.. -. 4 . .,+ ,4 s.., ..t-_ ri'... Tian.lou for your c-o iisli der.ti oP. l.Pa this lli-li.tGi. §V G r4:�i.f'L'i.LJi �iiu �1i�..,.a.i�. L:i "il COtiilvil at isieli'i4'Iarcli m4'Cilil as we need to .ii•ceed quick-21Y `v's!aa i U[ll i'U W Ci n 1 1 L.]1L1.-Sil 4410 W. Metaline Ave. Kennewick, WA 99336 tcfirstnight @yahoo.com s AGENDA REPORT NO. 15 FOR: City Council Date: March 8, 2006 TO: Gary Crutchfi i Manager Workshop: 3-13-06 Richard J. Sm h, Director Regular: Community & conomic Development FROM: David McDonald, City Planner_QC_ r SUBJECT: Landscaping Regulations Code Amendment (MF # 04-45-CA) I. REFERENCEf ft A. Proposed Ordinance B. Memo addressing Questions on Proposed Code Amendments Dated 3/8/06 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 3/13/06 Review and Discussion III. FISCAL IMPACT None IV. HISTORY AND FACTS BRIEF: A. The Council directed the update of the landscape regulations some time 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 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 last work shop on January 301h 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, the rock does not contain patches of exposed soil and the rock 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 January 30th the Council had a lengthy discussion on the proposed landscaping code amendments. A number of questions were raised by both the Council and members of the audience. Staff has reviewed those questions and provided detailed answers to those questions in the attached memo. 3(b) t . 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 eanopy trees as provided in Section 25.50.060 25.75.070 (6); (6) Landscaping: The landscaping provisions of this seetien sl supersede and take preeedenee--eves 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 substantial 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. �7 (ner—every thirty pow king spaces within par-king let, v3za. ! rgra. ...,.n.`.py tree (one and „r.el-..,lf + t � 1" ealiper--at plantirrgl---LAI] be leeated within the pafldng let. �..... ..., au va.�-ncczr-�v cs'v'viixcrr {#}(� No paving shall be permitted within four feet of the center of a tree at the time of planting. Wfj Seven One hundred percent of all landscaped areas shall contain live vegetation; said vegetation shall consist of a variety of shrubs, trees and ground covers. J zn All 1 1 . ' g shall be regularly maintained in geed erde-r- and ---healthy eenditions €allowing good cemmer-e-ial- landseaping aEqeining e'pe Cie' Stf-eet-'r4g2YLY]. of way A4th "'ZZZasenr-y walls ,Irl �j)(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} Lh)At least fifty percent of the required landscape area shall be visible from the street adjoining the lot. (7) Loading and Unloading Docks: (a) Leading and r.l.,.,di deck areas shall be scre°ened -cca rear`"Seetio r25.59.060(7 (b)(a) Sufficient area shall be provided on-site to accommodate loading and unloading activities. Streets and street rights-of-way shall not be used for these purposes. (8) Rooftop Equipment: All rooftop equipment shall be screened so as not to be visible from the horizontal plane of building roofs; (9) Outdoor Storage and Waste Disposal: (a) No outdoor storage shall be permitted in the business park zone unless such storage is entirely enclosed by building walls and/or a solid masonry wall not less than seven (7) feet in height. No materials stored behind the wail shall extend and be visible above the wall. 2 4 5 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 substantial 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 f building permits two (2) r to Chapter 25.75.090.I�ie�te�-is-s�anee-e ��,-�;=e-� eepis-�-� development plat. ...-st be submitted to the building division of the Community Develepment Department for- review feF eensisteney with the provisions of e The site development plan Must 1-4-A d--r-W.A.'R te sea!@ and shall include the following; (A) All relevant data regarding the @N4sting site that will inelu existing streets, wa ka, property lines, existing b,,;1.-t;ngs and/or- easements. ($) Bi,i,ne-larics area d—i-me ie of the site �_Desig Designation f all use areas 'thin t site. �� �c�oxsrrcrrr0'rr v='Qxx"C=OC-urctcu ry auaaTr-t�.�Y[c (D) i eataaaau tlo a vf any existing trees or plantings that are te remain on the�rte : (9) Leeation of ail proposed (beundaries and dimensions) landseape areas ineluding the leeation and eemmen names of all landseape elements, (F) Are i . 9 feet of individual and eelleetive landseape areas. f type and design of all irrigation faeflities. (14) Leeatior ar,e-1 deser-itioin-'R4 A-t—tei site features, ue as buildiagrj berms, > ) 7 areas, areas, ) lights and eir-oulatien areas.- (1) Sehe iu tai building ele atio s slowing exterier- building all . Section 5. That Section 25.58.050 entitled "CONDITIONS OF APPROVAL" of the Pasco Municipal Code shall be and hereby is amended to read as follows: 25.58.050 CONDITIONS OF APPROVAL. For conditions of approval see the provisions of Chapter 25.75.100. Upon reeeipt of a a empleterl applieatio and 6ite development plan the Eeonomie & Go muni-W Development Dire medifleatiens and conditions or denial-. 4 Section b. 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 Feq it-erne is set for-th in this section shall be deemed t^ be minimum standards for 1.,,-,.a � rt .1 --h-all e'e'�"�a..� 'LL7TiQArLTD�i'PTTR.ITCI�'GLL�7IZls-L"C apply r try all development in the 1 182 Garrido oyeFlay ill trim_ (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 other-wise s ---kfied, lan lrE'seaping shall consist ooi-a mix e deeid-ueus and-ev e g ° ees, s 13e- gr^���� ^^•°°r. 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 siK (6) feet of a Primary Stfuetl e excluding mks, leading areas" and shall meet the gener- l .requirements outlined of the gross Fk °n v . The parking area to 1.-,rrlsenpe area t' are as f^11n 1 r 50 S p&Ees - 89% or the area. 51 99 Spaees ° 100% of the ea. 1 00 Spat 1 01 Of the T V V"�'�7 AGI:.�7 IZ"7'II't7t'LTIGZITea. gaeh parking`space-smell be eansi4er-ed as fib e hundred dred ( 00) square feet. Par-king lots and the aeeompanying landscaping sheAl )-9@ eenfiguFed so that no aArirart .ore t—t an seient five (75) feet from R l nd r p�� area. (D) Road Frontage: (1) The area adjacent to all public readfrentagos shall b-e landseaped to include a bi4�r area of ten (10) feet on five (5)feet on leeal aeoess streets.— !a dseaped buffer- areas .,long P .-.te streets shall be at least five "1 feet {2}LIJ Landscaped buffers aTea-s-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. RtQLandscaping in the unused portion of the right-of-way shall match the established landscaping pattern and theme for the street. l-ie Chapter 25.76 shall apply. (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 Each ow•r-e€-a building site shall be responsible for- the permanent maintenanee of Rg an-4 .-i—e-ents of Section 25.76. 110 and shall be kept in a clean, safe, well maintained ee d t' 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) Refa se containers shall e sereener from view he n 1000 sight e 11 tins lnt�.r at-F° rrl�m 9t six (6�ett-high. 9 siE�f�i���=v'v'zrrr^oT Ezi crc cur RfA) All equipment, material or goods not housed or stored within the primary structure shall be within a 100% sight obscuring fence, wall or structure. wood, f glasS, vinyl, F,Weeo, wrought iron n similarly app Cn32ng eompQ site TateFial. When sight abscuring ae-neing is requiretr-t eornbinatrion of maters n 1 s may be used, ioweveF, wire, baFbed eF ether type of seeurity wires of any kind exe prohibitedr 4E}(BjGas meters, electric service boxes and other mechanical equipment shall be screened from public view by obscuring fence, walls or planting materials. Wqu 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. rte) All true 11 -and unloading areas adjaeent to or across a publie of private street or- alley from a tinl zoning i-listrict- must be se eened with a solid masonry weAl matehing the ar-ehiteetur-e of the building. The wall _14e4l be set at the back of the 15 feet landseaped biyffer as �2 5' 5-R 0-!Q-ow (H) The 15 foot landseaped buffer- required in 25.58.060 (E)(2) shall gr-aded with a 14 per-cent slope creating a beFM that terminates in the —ening wall required in Seetion 25.58.090(G). Every 10 linear- feet of this buffer area shall contain a grouping of three (3) Austria.n. tFees (Pinus nigr-a) er equal appr-oved by the Community Developm t Department. Said pine trees or approved equals must bAey-1 six(6) to eight 8) femmetins-height plate nnrl be r nn+- ble—of of proving opaque screen above the sereer n rr itrnll 6 when mature. The inteFvening areas sh-A-1-1 eent—Ain at least twe deeidUE)Jar, tr-@@S rpr-ave l by the Ge"1 mummy Development Depar-tT1Zl,nt,, 2 caliper or- greater that vAl I Fee—A e_IQ- A- height ef 25 feet or- more when fnature. At- le—Ast 60 611IF-4196 sh—All he planted for every 100 finear- fi-mat of buflfef -a-rea-A. The 15 feet buffer s Mzn1aint 2n3 are--A411 be-eever-ed with shrbs within a 5-yeax peFied.-Shrub ietiesGha14 be approved by the Gemmunity Development Department and must varieties that are adapted to the soils and elim to of P 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 for front yards, shall be considered legal non-conforming_yards; provided however, such yards must have landscaping redominatel composed of decorative rock which clearly demonstrates the owner's intent to beautif y 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 gualify as legal non-conforming yards. 2 Commercial: all commercial developments existing on the effective date of adoption of this ordinance and which do not meet the landscape and screening requirements contained herein shall be considered legal non-conforming developments Upon remodel alteration, reconstruction or expansion of an existing building when such change exceeds 33% of the assessed value of said building, the non-conforming status shall terminate and the requirements of this Chapter shall apply; provided, however, in cases where strict application of this Chapter would diminish existiniz parking, im ede safe access to the properly, eliminate fire lanes or substantially infringe upon other code requirements, the Community Development Director mgy 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_f 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 (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 ( 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; (f) Fences constructed of wrought iron with interspersed brick or block columns of up to 5 feet in height may be permitted within front yards in the R-S-20 & R-S-12 districts provided said fencing is 85 percent transparent; (g) Barbed and razor wire fencing is prohibited in all Residential districts, in the Office district and the Central Business district. Barbed wire may be permitted in suburban residential districts on tracts larger than one acre that are used for animal husbandry. In the C-1 Retail Business district only one strand of barbed wire is permitted along the top rail or within 2 inches of the top rail; (h) Electrified fences are not permitted in residential districts except as a secondary means of securing property where the electrified fence is located behind an existing fence or in suburban districts to contain permitted farm animals; (i) In all front yards, whether on properties with single, double, or triple frontage, rails, posts and other structural fence supports shall not be visible from a public street; except that posts and rails that are an 12 integral part of the fence design and aesthetics and not used solely for structural support may be visible from a public street; 0) All fencing in commercial and industrial districts shall be placed on the inward side of any required perimeter landscaping, with landscape treatments occurring along the street frontage. (k) No fence, wall or hedge, landscape material or foliage higher than 3 feet above curb grade shall be located or planted within an area 20 feet along the property lines from the intersection of two streets including the area between such points, or 15 feet from the intersection of a street and an alley; provided however, if an alternative fence material is used such as masonry, wrought iron, wood, or combination there-of then the fence must be 75 percent transparent and may be a maximum 6 feet in height, or a smaller, 75% transparent fence set upon a maximum 3-foot wall or other structure not exceeding a combined height of 6 feet, may be erected within said area of intersection of street and alley so long as the fence is at all times unobstructed by foliage or other matter; (1) Fences constructed in any zoning district may be permitted at the back of sidewalks in public right-of-way upon approval of the City Engineer, except as provided in 25.75.050(1)(j) (m) No fence or wall shall be erected without first obtaining a building permit from the building inspector; (2) Clearance Distances. Where a fire hydrant is located within a landscape area it shall be complemented by a minimum clearance radius of 3 feet; No tree, as measured from its center, shall be located within 10 feet of a street light standard, within 5 feet of a driveway or a fire hydrant; (3) Commercial and Industrial Districts. (A) In addition to the requirements contained in this chapter and unless specified otherwise in Chapter 25.58.050, commercial and industrial zoned properties adjacent to properties in less intense zoning districts shall have a 10 foot landscape buffer on the side immediately adjacent to less intense zoning district. (B) Landscape buffers in commercial and industrial districts shall meet the following standards: (1) Live vegetation within the landscape buffer shall be planted with a mix of evergreen and deciduous trees and shrubs interspersed throughout the landscape buffer. (2) The live vegetation shall consist of 40 percent evergreen trees. (3) Trees shall be provided at a minimum rate of one tree for every 20 linear feet of property line and spaced no more than 30 feet on center spacing along each property line, unless planted in groupings of 3 trees, with groupings spaced no more than 50 feet on center along each property line. (4) Shrubs shall be provided at a minimum rate of 1 per 8 linear feet of property line and spaced no more than 16 feet apart on center. 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 1-182 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: Landscape Code Question (Council Workshop of 1/30/06) Date: March 8, 2006 The following is an in-depth review of the major questions asked the City Council and audience at the January 30th Council workshop. (Questions were taken from the tape of the workshop) The answers to the questions are being provided to help further explain the proposed landscape code amendments. 1.) Ma or Olson: What initiated this whole discussion on havin stricter landscaping requirements? The landscape amendments were initiated to address a concern related to the applicability section of the code (25.76.020) and the desire on the part of some Council members to conserve water. The applicability question resulted from a Code Board case dealing with a property that was totally devoid of landscaping. The effort to update the landscaping regulations was not for the purpose of making the regulations stricter but for making them more inclusive to address complaints lodged by citizens over un- improved or dead yards. 2.) Mayor Olson: Our current landscape ordinance, as it pertains to residential property, does it (require) have any standards? The residential standard currently requires 50% of the front yard area to be treated with live vegetation. 3.) Councilman Watkins: Specifically, where is this applicability statement at? I had trouble figgring out if this applied to commercial residential or what? Examples 25.060 and 25.075. The applicability statement is currently found in PMC 25.76.020. In the proposed code it will be found in Chapter 25.75.020. The existing code makes the regulations applicable to new development (residential, commercial or industrial), and existing development (residential, commercial or- industrial) whenever a remodel occurs greater than 33% of the assessed value of the building involve in the remodel. The proposed code adds to the existing code by also 1 making the landscaping regulations applicable to existing residential properties. 4.) Councilman Watkins: That's 25.075, does that apply then to previous sections as well? 25.050, that's Page 7, does it apply to pages 1-6? The provisions of PMC 25.075 are the controlling regulations for landscaping in the City. PMC 25.075 applies to all districts in the City unless otherwise noted. Chapter 25.50 (Business Park District) and 25.58 (1-182 Corridor & Overylay Districts) contain additional regulations that are specific to those districts and are to be used in conjunction with or in addition to the landscape regulations in 25.075. In cases where conflicts may arise the most restrictive regulations prevail. 5.) Councilman Watkins: It's the front yard/side yard, I don't equate those with businesses. Yards are defined in the zoning regulations as an open and unoccupied space between the principal building on a lot and a property line. A side yard then is the space between a building and the side property line. A rear yard is the space between the back of a building and the rear property line. Taking the Yoke's building (on Rd 68) as an example, the open space between the side property line on the north and south sides of the building are side yards. A yard is not defined as an open area containing lawn and trees. The question on yards from pages 1-6 (referred to in question # 4) relate to the requirements of the Business Park District. These requirements for yards are currently in the code and have been since 1992. No change is being proposed in the new code. The determination of where yards are for commercial properties becomes vitally important for plan reviews related to fire safety. The size of the yards will impact the type of building construction and or the need for fire sprinkler systems. 6.) Councilman Watkins: I don't know that it has been simplified any. Specifically, I have issues with Question 12, Page 9. It may be interpreted. as an employment act for professional nurseries and landscapers. I would appreciate removing it for residential folks concerned with going to have to hire a professional to interpret all this for businesses which are still not accepted. I think this is an example of how it is still not simplified enough for the average person to f gore it out. The proposed code specifically excludes single-family development and small commercial or industrial development from the 2 requirement of having a certified nurseryman or other landscape professional prepare landscape plans. The code section reads as follows: (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. There is no requirement for a home owner or a business with less than 11 parking spaces to hire a landscape professional to prepare landscaping plans. The landscape requirements for residential front yards is very simple to figure out. Fifty percent of residential front yards exclusive of driveways and sidewalks are to be landscaped with live vegetation. No plan is required. 7.) Councilman Watkins: The other part is Question 14 6 months as a time given to come into compliance. I interpret that to mean all existin. businesses as well, businesses and homes? New construction should take 30 days but sometimes takes a year to put a lawn in. The proposed requirement for non compliant properties to come into compliance within 6 frost free months applies only to residential properties and not commercial of industrial properties. Non compliant commercial/industrial properties only have to come into compliance When they are remodeled by more than 33% of their assessed value. 8.) Councilman Watkins: Do you think that's achievable, do you think staff thinks that it is achievable? Only 50% of the front yard area of a residential lot, minus the driveway and sidewalks, is required to be live vegetation. With such a minimal requirement 6 months (longer if winter months are involved) is ample time to install landscaping. 9.) Councilman Watkins: Specify what is meant by "live" vegetation and "green" vegetation, both are used. Live vegetation is defined in the proposed code as follows: (3) "Live vegetation" means healthy nursery stock consisting of shrubs, trees, ground cover or lawn. Live vegetation does not 3 include weeds, bark or other mulches, ornamental stone or artificial plants, There is no reference in the code to green vegetation. Staff may have been erroneously using the words green vegetation interchangeably with live vegetation in presentations. 10.) Mayor Olson: I support the concept of minimum requirements for landscaping especially as they pertain new construction and businesses What worries me is existing residential. For existing residential, lava rock not maintained can be unsightly, but some are well maintained. If this is passed, within in six months this would put well maintained rocks out of compliance. Would like to see someway to grandfather in these, as long as it is well maintained. The other issues is the time frame given to comply is a concern. Only 50% of the front yard area of a residential lot is required to be landscaped. With such a minimal requirement the 6 month frost free time frame for compliance should be more than ample time to install landscaping. The revised proposal includes provisions that would exempt well maintained yards that have no live vegetation from the 50 % rule. 11.) Mayor Olson: The third thing is hedging, is arborvitae down the side of a proper line out of compliance unless it is cut down to a particular height? The hedge issue is being reviewed by the Planning Commission and will be before the Council in the near future. 12.) Councilman Larson: I am Concerned about the same issues Page 8 changes it so that there are no grandfathered rights. Existing non compliant commercial properties are grandfathered. The proposed code does not change that. Commercial properties only have to meet the new standards when a significant remodel (more than 33% of the buildings value) occurs. To address neighborhood complaints non compliant residential properties are required to make a minimal effort at landscaping by planting 50 % of front yard areas in live vegetation. Property owners will have a minimum of 6 months (longer if winter months are involved) to comply. 13.) Councilman Larson: We need to look at Title 11, that is not in this. We need to look at it. Are they doing it like the taxpayers want it to be? 4 These are civil infractions they open up the door to big fines There should be better ways of doing it. Title 11 of the PMC deals with the Code Board and the code enforcement process. The code amendment being reviewed by the Council is in Chapter 25 (Zoning regulations) dealing with landscaping matters. The Code Board process was adopted by the Council over 10 years ago. The aim of the Council in adopting the Code Board process was not to punish property owners but to achieve compliance. The Code Board process was determined to be a better alternative than taking property owners to Court. The Code Board is appointed by the Council and is comprised of property owners that live in Pasco neighborhoods. The Code Board process is a much more flexible and less expensive alternative to the court process. 14.) Councilman Larson: Question 2, others have comments such as "this has been part of landscaping regulations since 1999" that doesn't mean that it is a good one. Don't let longevity be a reason for adopting a provision. Question 2 relates to the existing code provisions that require compliance with the landscaping regulations whenever a building is remodeled by more than 33% of its assessed value. This has proven to be more business friendly than the previous code provision that mandated compliance by a certain date regardless of whether or not a business was making extensive improvements. The existing code provision has been largely successful for the improvements in the streetscape on West Court Street in the last few years. This provision has been far more accepted by the business community than the previous code requirements. 15.) Councilman Garrison: Residential 50% live vegetation, what does that live vegetation entail, what is the spectrum of stuff involved. Live vegetation refers to shrubs, trees, ground cover or lawn. The 50% front yard standard does not require a home owner to plant a lawn. Home owners have the option of planting ground cover (ie ivy, periwinkle, creeping juniper etc) or any combination of shrubs, ground cover, lawn and trees. It is a performance based standard rather than a prescriptive standard—it gives home owners options. 16.) Councilman Garrison: What is the 33% on commercial or remodels? 5 The 33% rule applies to all remodels. Whenever a building is remodel by more than 33% of the assessed value of the building the property is to come into compliance with the code. 17.) Councilman Larson: Question 3 on Page 3: Existing residential under the comments. "Making the regulation retroactive would address the concern about un-landscaped yards. ALiy retroactive regulation is onerous in my book. If it were a criminal act, it would be illegal to pass a retroactive law. Retroactive laws are not illegal but rather have been deemed proper and necessary concerns of local government by courts. The proposed retroactive provisions for landscaping residential properties provides a means of addressing un-landscaped yards that are a source of neighborhood complaints and that drive down the values of nearby properties. The code proposal gives non compliant property owners several months (6 or more depending on the weather) to comply. 18.) Councilman Watkins: Would there be any available options for someone who really believes their landscape is decent but it doesn't fit the letter of this code, would there be any options? Staff has amended the applicability section to grandfather non- conforming yards that clearly demonstrate the owner's intent to beautify his/her yard. Well maintained front yards with decorative rock would not have to be altered. They would be treated as legal non-conforming yards. Only those yards that are in obvious disrepair with patches of exposed soil and silted in rock would be required to comply with the standards. The few owners that may be out of compliance would have the opportunity to discuss the condition of their yards, with the Code Enforcement Board and or seek relief from staff determination through the Hearing examiner. 19.) Councilwoman: Francik: We have to be careful. We either have standards or we don't have standards. If we make exceptions for the standards, how many do you make? If we have exceptions for lava rack, what about the little round river rock? If we are trying to be clear, and trying to make it clear for the people reading this, I think first of all we need to know what are our objectives. Are we looking for a uniform look? Are we looking for something that is attractive? Why do we have these standards? An example is the of changing Court Street where I drive and walk everyday. It has made a tremendous difference to have Hertz and landscaping in front of the new Food Pavilion it reall Chan ed the look of that corridor and it has been positive. The reason we have standards is 6 to try to upgrade the look of the whole community. Caution if you try to make exceptions for everyone or say we shouldn't have standards how are _you going to accomplish that upgraded look? When you have distinctions where someone has completely bare dirt and you want to grandfather them in, the town is changing, the population is changing and your property requirements might also change with time and conditions. I don't think that's an unreasonable expectation. The improvements to the streetscape on West Court Street are a direct result of the code provisions that require upgraded landscaping with new business construction or when a business remodel exceeds 33% of the assessed value of a building. 20.) Councilman Hoffman: I Appreciate the change on Court Street with trees and lawn it strikes me as a positive wa y to achieve beautification so in a wav I would concur with Council members to do it in the least onerous wa y to achieve a reasonable result. Appeal to Code Enforcement is to which organization? The appeal would be to Superior Court. 21.) Councilman Hoffman: Could it be to the Council. The Council can not grant exceptions from its own rules. 22.) Mayor Olson: Under relief, if a person thought they had well maintained landscaping that was not dragging down the value of the community and it was improving the look of the neighborhood could theyeek relief from the Council? With the proposed changes in the applicability section of the code property owners with well maintained front yards containing decorative rock would not have to seek relief because the yards would be considered legal non-conforming yards. Only yards that impact the value of neighboring properties as the result of poor maintenance will have to comply with the standards. 23.) Mrs. Crawford: There are two different definitions of front yard (Page 8 what constitutes front-yard There is no front yard definition on page 8 of the proposed code or on page 8 of the memo to the Planning Commission. 7 There are not two definitions for front yards. Front yards a defined in only one place in the zoning regulations and that is in the definition section. Section 25.12.490 clearly explains that a front yard is an open and unoccupied space extending the full width of a lot between any building and any street. There is no other definition. The definition includes the words "any street". So a lot that sits on the corner of two streets will by definition have two front yards. 24.) Mrs. Crawford: I have problems with existing_properties and six frost free months, and/or pay $100 for remedy. Mrs. Crawford's property is in compliance with the code and consequently she would not be under any obligation do anything within 6 months or pay any fees. With the proposed changes to the applicability section of the code most noncompliant yards will become legal non-conforming yards. The few property owners that are out of compliance will be given a 6 month grace period (longer if winter months are involved) to add a small amount of landscaping to their front yards. With such minimal requirements 6 months is ample time to install landscaping. 25.) Mrs. Crawford: Page 11, 25.075.050 paragraph 1A. In �my neighborhood, there are no curbs or alleys, what will be used for the grading line for fence heights? The provisions for the measurement of fence heights from the street curb has been in the municipal code since 1965. Measurements in neighborhoods without curbs are taken from the sidewalk. 26.) Mrs. Crawford: Paragraph E. Is this ordinance regarding fencing going to be complaint driven or is there going to be a sweep regarding fences. There are some fences by prominent City citizens that don't begin to meet code. Are they going to be asked to comply too? Section E with the exception of additional language on wire fences is not new code language. This provision was in the 1999 zoning update that was reviewed and recommended for approval when Mrs. Crawford was a Planning Commission member. No sweep of the City was conducted in 1999 when the provision was added to the code. These provisions were added to the code in response to property owner complaints about unsightly fences being 8 constructed out of used tires and broken pallets. Fences approved with valid permits or fences annexed to the city are exempt from this provision. There are no plans for a city wide sweep unless the Council identifies it as a priority. 27.) Mrs. Crawford: Page 12 Paragraph K. Refers to the vision triangle. Before you were seated Mrs. Olson, we had some challenges regarding fencing on a corner that met the code, but did not meet Engineering standards. Does this handle that issue? The vision triangles in the Pasco Code are similar if not identical to model codes and codes used by most cities for vision areas at intersections. 28.) Mrs. Crawford: Also a statement regarding fences constructed on the backside of a sidewalk that also presented some issues in Mr. Watkins neighborhood. City at their expense is moving those fences. Would this code apply here? Fences in residential areas have historically been permitted at the back of the sidewalk (for ease of maintenance) even though property lines are generally 5 to 6 feet from the sidewalk. The code section in question is not a new proposal it has been part of the code since 1999. It was part of the code that Mrs. Crawford reviewed and recommended for approval while she was a Planning Commission member. This provision was included in the code to ensure fences would not create problems for water meters and fire hydrants. Due to a miss understanding between a property owner and City staff there was one and only one fence (not multiple fences) in Loviisa Farms that the City agreed to share in the cost of moving. 29.) Mrs. Crawford: Page 17, Section 8. "...except solid sod should be used in swales." The City uses hydroseed. If it is good enough for thee City, it should be good enough for everyone. The code section in question is not a new. It was part of the code that Mrs. Crawford reviewed and recommended for approval while she was a Planning Commission member. The intent of this section was to protect steep slopes and swales in commercial areas from erosion. Soil eroding into parking lots and streets plugs dry wells in parking lots and clogs storm water drains in City Streets. If the storm drains in streets are not protected from private erosion they will fail and will have to be repaired at considerable expense. They will be repaired not by the developer but by the Pasco tax payers. Pasco taxes payer should not have to incur additional street 9 maintenance cost because a developer cuts cost on his development by not controlling soil erosion. It should be noted that this provisions applies to commercial property only. 30.) Mrs. Crawford: Takes issue with Paragraph 12 lava rock should not be permitted in commercial landscaped area. its not the City's job to tell a commercial enterprise how they are going to landscape Mrs. Crawford was a member of the Planning Commission in 1999 when the Planning Commission reviewed and recommended the City Council adopt landscaping regulations that provided guide lines on how commercial businesses install landscaping. Such regulations have been determined by state law and the courts to be proper and necessary concerns of local government. Staff has received no complaints about prohibiting lava rock from professional landscapers or business owners. The proposal does not eliminate all rock just lava rock. There is a wide variety of other rock available for landscape beds. Business owners have wide latitude on the rock they choose to use. Lava rock is very porous and light weight. It breaks down easier than other forms of rock, it is easy to dislodge and can get scattered about a property or onto city sidewalks. It collects dust and weed seeds causing it to become more of a maintenance problem than other forms of rock. Eliminating it as a choice for ground cover was not a concern for the Planning Commission. Staff has received no complaints about prohibiting lava rock from professional landscapers or business owners. If the goal is to create a more serviceable and attractive city and to preserve and enhance property values (as the current code states) we would do well to heed the advice of professional landscapers with respect to lava rock. The only people raising issues about the lava rock are residential property owners. The proposed code does not restrict the use of lava rock on residential properties_ 31.) Mrs. Crawford: Didn't think it was ri ht that businesses had to spend money on sewer costs for all the water used on landscaping. Business owners typically obtain two meters for commercial project. If an owner not aware that he/she can obtain two meters staff informs the owner of that option. One meter is used for to serve the building and one is used for landscape irrigation. There is no sewer charge attached to the irrigation meter. Sewer charges only apply to the meter serving the building. 10 32.) Mrs. Crawford: A City is chartered to rotect the public's health safety and welfare. We have weeds and debris codes that's what we need to be concerned with. State enabling legislation empowers the City to protect the public safety and general welfare by facilitating orderly development, providing for open space, by creating a favorable environment for citizens, improving property values, and by promoting a more wholesome, serviceable and attractive city. These items have all been determined to be proper and necessary concerns of government. Landscaping regulations are one of the many tools available to the City to fulfill it charter requirements. Mrs. Crawford was a member of the Planning Commission in 1999 when the Planning Commission reviewed and recommended approval of current zoning ordinance. The zoning ordinance is concerned with a great deal more than just weeds. 33.) Mrs. Crawford: Paragraph G. This is a housekeeping_issue Except for xeriscaping in rear and side yards of residential districts all xeriscaped areas must meet the 65% vegetation coverage requirements of 25.075.070 Para graph 3. When you look at that section it refers to parking lots. Should it be on page 13 but that says 50%. Do we have a different standard for people who use xerisca e to conserve water? 65% live vegetation versus 50% for non-xerisca e. Water is gold out west. The section is supposed to refer to parking lots and it is suppose to refer to 65% vegetation coverage. No percentage requirements are needed in side or rear yards of residential properties but 65% coverage is required in commercial parking lots whether it is xeriscape or traditional landscaping. This section is no longer needed due to earlier changes in the proposed code. This section has been removed from the proposed regulations to eliminate the confusion. 34.) Mrs. Crawford: Last concern is with liens. When fines are over $10,000, municipalities may confiscate property. Do we really- want to confiscate property over landscape issues. The code says nothing about confiscating property. The purpose for code enforcement is to gain compliance with City codes for the purposes of protect the general welfare of all residents of the City. The landscaping regulations have been part of the municipal code since 1982. No property owner has ever had their house confiscated over a landscaping code violation. 35.) Mrs. Crawford: Appeal for Code Enforcement is five days, you can't get a lawver in five days. It is mission impossible. 11 What this statement has to do with the proposed landscaping code is unclear. Appeal of a Code Board decision to Superior Court as per PMC 11.020.060 (6) is 20 days not 5. 36.) Councilman Watkins: If lava rock more expensive and being phased out, then why an ordinance saving we can't use it Dave I recall our prior explanation at council was that the lava rock deteriorates faster, and lighter weight so that it ends up.in the street. See comments under # 30 above. Prohibiting lava rock by ordinance would ensure commercial areas have a constant clean appearance. The only people objecting to this provision are home owners rather than business owners. 37.) Mr. Daily I have several problems with this ordinance If a person wants to use xeriscape in their yard, and already have it I believe its their right to do so. Its conserving water, and as long as its maintained I see no reason why they can't have it. The proposed code does not prohibit xeriscape. Under the amended applicability section well maintained yards with xeriscape not meeting the 50% live vegetation standard would be considered legal non-conforming yards. 38.) Mr. Yenney I see some problems, with the no rg andfather clause If I were to lease my building to someone or do a remodel on it, 33% would not be very much. Then the Council is gonna tell me I have to re lant some trees because the City designated that evergreens must be put in. The existing code requires commercial properties that remodel by more than 33% (in assessed value) to come up to current standards. Evergreen trees are only required in buffer areas between commercial or industrial uses and less intense zones such as residential. There is no requirement that trees in parking lots be evergreen. For existing commercial properties that have special circumstances that make it impractical because of the lack of parking or other site constraints to comply with the 33% rule the code provides the director with the latitude to grant relief from the strict application of the code. 12 r AGENDA REPORT FOR: City Council February 23, 2006 TO: Gary Crutchfi anager Workshop Mtg.: 3/13/06 Regular Mtg.: 3/20/06 FROM: Stan StrebeI A mi is fa and Community Services Direct'o SUBJECT: PMC Amendments for Special Events and Related Admissions Tax I. REFERENCE(S): A. Proposed Ordinance II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 3113: Discussion 3/20: 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) Staff recommends adoption of the ordinance. 3(C) ORDINANCE NO AN ORDINANCE of the City of Pasco, amending certain Sections of the Pasco Municipal Code regarding special events and admissions tax therefor. WHEREAS, the City Council of the City of Pasco has determined that certain amendments regarding special events and admissions tax are warranted; NOW, THEREFORE, The City Council of the City of Pasco, Washington, . Does Ordain as Follows: (deletions by interlineations, additions by underlining) Section 1. That Section 3.02.090 REMITTANCE OF TAX of the Pasco Municipal Code is amended to read as follows: 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`t', May 15'', July 15`", September 15`h, November 151" and January 151h. Those responsible for special events for which admission is charged shall file a tax return accompanied by remittance of admissions tax within 10 business days of the conclusion of the event: Section 2. That Section 3.07.050 BUSINESS LICENSES of the Pasco Municipal Code is amended to read as follows: S) Special Events: 9) Temporary Special Sales Event-- $20:08$40.00 for the 5.25.070 (maximum for event$500.00)-per first vendor vende 1) Each additional vendor $20.00 Section 3. That Section 5.25.010 PERMIT REQUIRED of the Pasco Municipal Code is amended to read as follows: 5.25.010 PERMIT REQUIRED. It shall be unlawful for any person or promoter to initiate, conduct, promote, or participate in any public dance, dance hall, concert, outdoor music festival, parade, demonstration, athletic or competitive event or temporary special sales events on public or private roadways, sidewalks, parks or places within the City until a Special Events Permit therefore has been secured. The following events are exempt from the permit requirements imposed by this section, except that temporary special sales events (either independent or as part of some larger special event) involving one or more unlicensed business shall be required to file an application and pay the fees, per vendor for such sales event: Events conducted by -Ppublic or private elementary, secondary and college-level educational events institutions held at such educational facilities; eEvents, 3ial sales events-, at the Trade Recreation and Agricultural Center (TRAC), except for dances and concerts, City-sponsored events, and ongoing events either operating under a City permit or a business licensed in a facility specifically designed for the purpose of that event, including but not limited to baseball games at the baseball stadium, soccer matches at the City soccer fields, softball at the City softball complex, and other similar events are exempt from this requirement. (Ord. 3524 Sec. 4, 2001.) Section 4. That Section 5.25.020 DEFINITIONS of the Pasco Municipal Code is amended to read as follows: 5.25.020 DEFINITIONS. The following definitions shall apply to this Chapter: J) "Temporary Special Sales Event Location" means an area, open to the public, wherein one or more vendors eeRgregate-locate for the purpose of participating in a temporary special sales event. K) "Temporary Special Sales Event" means the congregation of air�i often-(I one or more vendors, who rent, lease, purchase or otherwise obtain a temporary_ sales area for the purpose of selling, bartering, exchanging, trading or displaying goods or services at an event which is open to the public for a period not to exceed ten(10) consecutive calendar days. L) "Vendor" means any person, association, group, partnership, corporation or firm who exhibits goods or services in a temporary special sales event location for the purpose of selling, bartering, trading, exchanging or advertising such goods or services. (Ord. 3524 Sec. 4, 2001) Section 5. That Section 5.25.030 APPLICATION of the Pasco Municipal Code is amended with the addition of a new subsection to read as follows: 5.25.030 APPLICATION. H) For events where admission is charged, the applicant shall furnish the name and address of the individual responsible for the collection and payment of the admission tax and the owner, lessee or custodian of the premises who shall be jointly and severally liable to the City for collection and remittance of such tax as described in FMC 3.02.090 Admissions Tax—Remittance of Tax. Section 6. That Section 5.25.060 CONCERTS, OUTDOOR MUSIC FESTIVALS AND ATHLETIC OR COMPETITIVE EVENTS of the Pasco Municipal 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 ing 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 March 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 TO: City Council n March 9, 2006 FROM: Gary Crutch JClection Manager Workshop Mtg.: 3113/06 SUBJECT: Solid Waste Rates 1. REFERENCE(S): 1. Letter to City Manager from Basin Disposal, Inc. (BDI) dated 2/8/06 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 3/13: Appointment of ad-hoc Council committee to review contractor's records and advise of appropriate rate adjustment, if any. I1I. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) The city is responsible to provide for solid waste collection and its proper disposal. For more than 50 years, the city has contracted with BDI (or its predecessors) to provide this essential community service. The rates charged by the contractor are subject to review and approval by the City Council, since the contractor has exclusive rights to waste collection in the city. B) The contractor(BDI) has provided written notice (as required by the contract) that it requires an adjustment in the collection rates. The rates were last adjusted in early 2002, or four years ago. In view of the economic circumstances experienced over the last four years, particularly fuel prices, an adjustment may be in order. To make that determination, however, it is best if city representatives have an opportunity to review the contractor's books; the purpose of such review is to determine the actual profit/loss margin and the level of rate adjustment necessary to restore an appropriate margin (thus, .preserving public health through effective provision of solid waste collection services in the community). V. DISCUSSION: A) The only option to a negotiated rate structure is to put the contract out for bid (or terminate the current contract and initiate a city-operated collection/disposal system, like Richland). However, because the provision of solid waste collection and disposal services is very capital intensive(large collection trucks,transfer station and trucks, etc.) such a new contract offer would necessarily be long term (at least seven to 10 years); such a contract would necessarily include provisions for rate adjustments, effectively putting the city in the same position it is now in. Thus, negotiation of rates for an existing contract is preferable to bidding. B) Because the financial documents necessary to arrive at a fair conclusion are proprietary, it is recommended that the Mayor appoint an ad-hoc committee (of two or three Councilmembers) to review the contractor's records and advise the. City Council whether an adjustment is warranted and, if so, to what level. 3(d) (509).'j4;-24 76 Udl f••?C(.1 f'.I'f 1' �_;f"„ I 801 47-644i' (509)547-8617 fox BASIN DISPOSAL, INC. 20Z'1 N. Commercial Ave. P. 0, Box 3850 Pasco, WA 99302-3850 FEB _8 Pasco, IVA 99301 February 8, 2006 Mr.Gary Crutchfield City of Pasco 525 N.3`a Avenue Pasco,WA 99301 Dear Mr.Crutchfield: Please be advised that Basin Disposal Inc. is requesting a modification to the rates currently authorized under the Solid Waste Collection Service Contract, last amended on February 4'h, 2002. As defined in Section 22 of the Agreement, Basin Disposal Inc. shall give the City sixty(60) days prior notification to any request for a re-negation of rates. Please consider this letter as formal notification of such request. If there are any questions, please don't hesitate to call me at 544-7715_ r Darrick Dietrich Basin Disposal Inc. AGENDA REPORT FOR: City Council March 7, 2006 TO: Gary Crutch i Manager Workshop Mtg.: 3/13/2006 Regular Mtg.: FROM: Stan Strebe inistrative and Community Services or SUBJECT: Proposed Changes to Yard of the Month Awards I. REFERENCE(S): A. II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 3/7: No action required, for information of Council. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) The Administrative and Community Services Department has operated the City's Yard of the Month program since 1990. The program has consisted of seven geographic (six prior to 1997) areas of the community (balanced as equal as possible based on the number of homes) from which a well maintained yard is chosen for recognition each month from April to September. As the City has grown, the judging areas have been adjusted to maintain balance in total number of residences as far as possible. Volunteer judges make preliminary nominations which are approved by Code Enforcement prior to formal recognition by the City Council. B) Over the past few years, some of our judges report that potential recipients have declined the recognition because they have been prior recipients (sometimes on more than one occasion). Staff proposes to reduce the number of monthly recipients from seven to four per month to minimize duplication of the recognition. By making the awards less common, we expect to see fewer instances where the recognition is declined. C) Additionally, staff intends to add a commercial judging category wherein a business would be recognized each month for its "curb appeal". Since all businesses do not have landscaping (i.e.downtown) staff feels it is appropriate to include judging elements that contribute to the attractiveness of the property such as: litter free, cleanliness, maintenance, signage, etc. in addition to any required landscaping. Staff has contacted the Chamber of Commerce to invite their participation in refining the judging criteria and soliciting nominations for this category. D) Staff intends to implement the program as outlined beginning in April with Council's concurrence. 3(e) AGENDA REPORT FOR: City Council March 7, 2006 TO: Gary Crutchfie anager Workshop Mtg.: 3113/06 Regular Mtg.: FROM; Stan Strebel, A i5trative and Community Services Direct SUBJECT: Information on Chiawana Park/Sacajawea Heritage Trail L REFERENCE(S): A. II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 3/13: For information of Council only, no action required at this time. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) Staff has worked closely with Franklin County staff in order to understand the potential costs associated with the maintenance and further improvement of facilities at Chiawana Park. We have also been working with the Corps of Engineers to coordinate the transition of Sacajawea Heritage Trail responsibilities in light of the County's action to terminate its rivershore leases with the Corps. Staff will verbally brief Council on these efforts. 3(f)