HomeMy WebLinkAbout12-20-2018 Planning Commission Meeting PacketPLANNING COMMISSION - AGENDA
REGULAR MEETING 7:00 P.M.
I. CALL TO ORDER:
H. ROLL CALL: Declaration of Quorum
III. PLEDGE OF ALLEGIANCE
IV. APPROVAL OF MINUTES: November 15, 2018
V. OLD BUSINESS:
VI. PUBLIC HEARINGS:
December 20, 2018
A. Rezone Rezone from R-2 (Medium Density Residential) to R-3
(Medium Density Residential) (Knutzen Engineering)
(MF# Z 2018-0081
B. Preliminary Plat Preliminary Plat, Cedar Flats, 109 Lots (Knutzen
Engineering) (MF# PP 2018-009)
C. Rezone Rezone from C-1 (Retail Business) to C-3 (General
Business) (Howard Rowell) (MF# Z 2018-009)
D. Code Amendment Single Room Occupancy Housing (MF# CA 2018-004)
E. Code Amendment Right of Way Dedications and Improvements (MF# CA
2018-005)
F. Code Amendment Hearing Examiner - Amending Titles 2, 25 and 26 of
the PMC (MF# CA 2018-007)
VII. WORKSHOP:
A. Code Amendment Shared Street Frontages (MF# CA 2018-008)
B. Code Amendment Temporary Shelter (MF# CA 2018-001)
VIII. OTHER BUSINESS:
IX. ADJOURNMENT:
This meeting is broadcast live on PSC -TV Channel 191 on Charter Cable and streamed at
www.pasco-wa.com/psctvlive.
Audio equipment available for the hearing impaired; contact staff for assistance.
REGULAR MEETING
CITY OF PASCO
PLANNING COMMISSION MEETING
CALL TO ORDER:
The meeting was called to order at 7:OOpm by Chairperson Roach.
POSITION MEMBERS PRESENT
No. I
Tanya Bowers
No. 2
Joseph Campos
No. 3
Paul Mendez
No. 4
Alecia Greenaway
No. 5
Abel Campos
No. 6
Isaac Myhrum
No. 7
Zahra Roach
No. 8
Pam Bykonen
No. 9
STAFF PRESENT:
MEMBERS ABSENT
VACANT
November 15, 2018
Rick White, Community & Economic Development Director
Michael Morales, Deputy Community & Economic Development Director
Jacob B. Gonzalez, Senior Planner
Darcy Bourcier, Planner I
Krystle Shanks, Administrative Assistant II
MEETING VIDEO ON DEMAND:
This meeting in its entirety may be viewed on the City's webpage at
https: / /psctv.viebit.com.
APPEARANCE OF FAIRNESS:
Chairperson Roach read a statement about the appearance of fairness for hearings on
land use matters. There were no declarations.
Chairperson Roach then asked the audience and the Planning Commission if there were
any objections based on a conflict of interest or appearance of fairness question
regarding the items to be discussed. There were no objections.
ADMINISTERING THE OATH:
Chairperson Roach explained that state law requires testimony in quasi-judicial
hearings such as held by the Planning Commission be given under oath or affirmation.
Chairperson Roach swore in all those desiring to speak.
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APPROVAL OF MINUTES:
Commissioner A. Campos noted a correction that needed to be made to the October 18,
2018 minutes under "Appearance of Fairness" where it stated Commissioner A. Campos
made a declaration. He was not at the October 18, 2018 meeting, and requested that be
struck from the minutes.
Commissioner Greenaway moved, seconded by Commissioner Mendez that the minutes
dated October 18, 2018 be approved as amended. The motion passed unanimously.
PUBLIC HEARINGS:
A. Preliminary Plat Black Belle Estates. 22 lots (J&J Kelly
Construction) IMF# PP 2018-0081 - Continued
from September 20, 2018 Meeting
Chairperson Roach read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the preliminary
plat for Black Belle Estates. It was explained that this item should be moved to a later
date with another public notice. This item has been continued several times and when it
comes back to the Planning Commission in the future, it may look quite different from
the original application and will need to be re -advertised.
Commissioner Mendez asked about the status of the cost sharing agreement between the
City and the applicant.
Mr. White replied that the cost sharing agreement is not ready at this time and was the
main reason for the delay in this application.
Commissioner Myhrum moved, seconded by Commissioner Greenaway, to continue to
public hearing to a future date with appropriate public notice. The motion passed
unanimously.
B. Special Permit Location of a Community Service Facility, Level 2
in a CR (Regional Commercial) Zone (First Sten
Community Counseling Services LLC) (MF# SP
2018-0101
Chairperson Roach read the master file number and asked for comments from staff.
Rick White, Community &, Economic Development Director, discussed the special permit
application for the location of a community service facility, level 2 in a CR (Regional
Commercial) zone. This application involves a chemical dependency assessment and
counseling services. They wish to occupy a former bank building on Court Street near
Highway 395 that has been vacant for nearly 2-3 years. Staff briefly went over the
findings of fact, conclusions and a list of tentative conditions. Staff requested the
Planning Commission close the hearing and make a recommendation to City Council at
this time.
Sara Clark, 6507 Ruth Drive, spoke on behalf of her special permit application as the
Director of First Step Community Counseling Services LLC.
Commissioner Bowers and Commissioner Mendez had some questions for the applicant
regarding their operations and if they were fine with the conditions, in which Ms. Clark
responded and she was in agreement with the conditions.
The public hearing was closed.
Chairperson Roach asked staff to clarify one of the conditions in which there was a limit
on the number of clients at a given time.
Mr. White replied that it was a number set by the clinic itself, not the City.
Commissioner Bowers asked about the condition regarding an annual renewal of the
special permit.
Mr. White stated that at after the year staff will review any complaints, if any. At that
time staff will bring it to the Planning Commission for review.
Chairperson Roach asked if the motion needed to be amended.
Mr. White said yes, he would recommend taking out the words "for renewal".
Commissioner J. Campos moved, seconded by Commissioner Bowers to close the public
hearing and adopt the findings of fact and conclusions, therefrom, as amended in the
November 15, 2018 staff report. The motion passed unanimously.
Commissioner J. Campos moved, seconded by Commissioner Bowers, based on the
findings of fact and conclusions, therefrom, as amended, the Planning Commission
recommend the City Council grant a special permit to First Step Community Counseling
Services for the location of a community service facility, level two, in a CR (Regional
Commercial) zoning district at 3221 W. Court Street with conditions as amended in the
November 15, 2018 staff report. The motion passed unanimously.
C. Special Permit Location of an Annex. Building for the Franklin
County Museum in an R-3 (Medium Density
Residentiall Zone (Franklin County Historical
Society) (MF# SP 2018-0111
Chairperson Roach read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the special permit
application for the location of an annex building for the Franklin County Museum in an
R-3 (Medium Density) zone. He explained that the applicant recently requested the
hearing be continued to allow them more time, however, since it was advertised as a
public hearing the hearing must be opened and then continued.
Commissioner Bowers asked if the property was on the national historic registry and if it
was a national historic landmark.
Mr. White stated that is was on the registry but didn't believe it was a national historic
landmark.
Chairperson Roach asked how an annex building differs from an accessory structure.
Mr. White responded that it is a common term used when it is detached from the
function of the original building on the same site.
Chairperson Roach asked for clarification on the square footage of the museum and
proposed annex building.
Commissioner Greenaway stated that museum 4,684 sqft. and the addition is for 3,500
sqft.
Commissioner Mendez asked if the annex building would provide bathroom facilities.
Mr. White replied, yes, per the building code.
The applicant was not present to speak at the hearing.
Chairperson Roach asked staff regarding aesthetic requirements for the annex building
to conform to the neighborhood and historic site.
Mr. White said there was nothing in a regulatory sense that would require aesthetic
requirements although they could be placed under the conditions of the special permit,
which is one of the reasons for requiring special permits. Those requirements are
warranted in this case because of its location next to a museum next to a national
register.
Chairperson Roach agreed.
Commissioner Myhrum moved, seconded by Commissioner Greenaway, to continue the
public hearing on the proposed special permit for the location of an annex building for
the Franklin County Museum in an R-3 (Medium Density Residential) Zoning District to
the December 20, 2018 meeting. The motion passed unanimously.
LVIGI,i,1&13Ua i
A. Code Amendment Right of Way Dedications and Improvements (MF#
CA 2018-0051
Chairperson Roach read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the proposed code
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amendment for right of way dedications and improvements. People give right of way for a
number of reasons but normally because there isn't any and they are applying for a
permit that would require that through existing City Council resolution passed a number
of years ago. Homeowners come to get a permit for things like garages, shops, sheds or
fencing they are required to sign a dedication of right of way that would then have to go
to Council workshop and then a regular meeting to accept the dedication. Upon review
by the City Attorney, he has proposed language in the code so that most dedication
deeds could be handled administratively, unless outside of set parameters, to save time
and money. Other code amendments were discussed pertaining to the subdivision code
relating to names and proposed lots to be legally described on short plats. The request
is for those requirements to be stricken from the PMC. Lastly, staff proposed language
on public improvements on short plats.
There was discussion between the Commissioners and Staff.
No further action on this item was required.
B. Code Amendment Expansion of Nonconforming Uses IMF# CA 2018-
0061
Chairperson Roach read the master file number and asked for comments from staff.
Jacob Gonzalez, Senior Planner, discussed the proposed code amendment for the
expansion of nonconforming uses through the special permit process. Pasco does not
currently allow the expansion of nonconforming uses. The applicant has requested the
City take a look at revising the code. Examples were provided of other agencies in
Washington that allow for the expansion of nonconforming uses. Staff asked for input on
if they should consider amending the code or if there have been problems with not
allowing the expansion of nonconforming uses.
There was discussion between the Commissioners and Staff.
No further action on this item was required.
ADJOURNMENT:
With no further discussion or business, the Planning Commission was adjourned at
8:14 PM.
Respectfully submitted,
Krystle Shanks, Administrative Assistant II
Community & Economic Development Department
REPORT TO PLANNING COMMISSION
MASTER FILE NO: PP 2018-009
HEARING DATE: 12/20/2018
ACTION DATE: 1/17/2019
APPLICANT: Knutzen Engineering
5453 Ridgeline Dr. Ste 120
Kennewick, WA 99338
BACKGROUND
REQUEST: Rezone: Rezone five parcels from R-2 (Medium Density Residential)
to R-3 (Medium Density Residential) for Cedar Flats
subdivision
1. PROPERTY DESCRIPTION:
Legal: A Portion of Township 9 N, Range 30 E, Section 28
General Location: The 600 block of S Cedar Avenue
Property Size: 14.47 acres
2. ACCESS: The property has access from S Cedar Ave and the proposed
extension of E Helena St
3. UTILITIES: Municipal water and sewer service are located in S Cedar Ave
and E Helena St
4. LAND USE AND ZONING: The site is zoned R-2 (Medium -Density
Residential). Surrounding properties are zoned and developed as follows:
NORTH: R-2 - Vacant
SOUTH: R -IA - SFDUs
EAST: R-lA - SFDUs
WEST R-1 - SFDUs/Vacant
5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is
intended for mixed residential development. According to the
Comprehensive Plan, mixed residential development means 5 to 20
dwelling units per acre. The criteria for allocation under the future land
use section of Volume II of the Comprehensive Plan (Vol. II, page 17)
encourages development of lands designated for mixed residential uses
when or where sewer is available, when the location is suitable for home
sites, and when there is a market demand for new home sites. Policy H -1-
E encourages the advancement of home ownership and Goal H-2 suggests
the City strive to maintain a variety of housing options for residents of the
community. Goal LU -2 encourages the maintenance of established
neighborhoods and the creation of new neighborhoods that are safe and
enjoyable places to live.
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6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead
agency for this project. An environmental determination will be made
after the public hearing for this project. A Determination of Non -
Significance or Mitigated Determination of Non -Significance is likely for
this application (WAC 197-11-355).
ANALYSIS
The project site includes five contiguous parcels on which four existing houses
and various accessory structures are located. The site was annexed into the City
in 1994 and zoned R-2 (Medium Density Residential). However, the underlying
Comprehensive Plan zoning designation of Mixed Residential allows for zoning
districts RS -20, RS -12, RS -1, and R-1 through R-3. The applicant is seeking to
rezone the property to R-3 in order to subsequently subdivide the five parcels
into 109 multi -family duplex lots for zero lot line construction (Cedar Flats). Of
the allowable zones under the Mixed Residential designation, the R-3 zone allows
for the highest residential density at a rate of one dwelling unit for every 3,000
ftz of land area or 14.5 units per acre.
Per the R-3 zoning provisions and zero lot line construction, each lot must be at
least 3,000 square feet in size. This density equates to approximately 14.5
dwelling units per acre, which conforms to the Comprehensive Plan's suggested
density of 5 to 20 dwelling units per acre for the Mixed Residential designation.
The rezone site is 14.47 acres in area; barring the required right-of-way
dedications, R-3 zoning will allow up to 210 multi -family lots on a site this size.
The proposed Cedar Flats preliminary plat submitted by the developer to be
considered concurrently with this rezone application indicates 109 multi -family
lots to be created contingent upon the approval of the rezone.
During the time of development, the City requires full improvement of right-of-way
including curb, gutter, and sidewalk. The proposal is in compliance with the
Comprehensive Plan's Land Use and Zoning maps.
The initial review criteria for considering a rezone application are explained in
PMC. 25.88.030. The criteria are listed below as follows:
1. The date the existing zone became effective:
The rezone site was zoned R-2 in 1994 when it was annexed into the City.
2. The changed conditions which are alleged to warrant other or additional
zoning:
The property is considered "infill" property as development has occurred around
it. Due to Pasco's rapid population increase, developing the remaining infill
properties around the City has become crucial to accommodate future growth. By
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rezoning the property to R-3 which permits the creation of lots at a greater density
than R-2, the applicant may then develop the property with more dwelling units to
serve the population.
3. Facts to justify the change on the basis of advancing the public health,
safety and general welfare:
The proposed zoning request is consistent with the Comprehensive Plan which has
been determined to be in the best interest of advancing public health, safety and
general welfare of the community. The rezone will lead to the creation of a multi-
family subdivision providing housing and job opportunities for Pasco residents.
4. The effect it will have on the value and character of the adjacent property
and the Comprehensive Plan:
A change in zoning classification may ultimately result in the establishment of a
multi family residential subdivision consistent with the Comprehensive Plan. The
applicant's end goal is to establish a medium density infill development; however,
the vicinity is predominantly low-density single-family development. Even so, it is
anticipated that the proposed use will either have no impact or positive impact on
current and future residential development in the area.
5. The effect on the property owner or owners if the request is not granted:
The property owner may choose to develop the property under the current R-2
zoning designation.
STAFF FINDINGS OF FACT
Findings of Fact must be entered from the record. The following are initial
findings drawn from the background and analysis section of the staff report. The
Planning Commission may add additional findings to this listing as the result of
factual testimony and evidence submitted during the open record hearing.
1. The site consists of five contiguous parcels and is zoned R-2 (Medium
Density Residential).
2. The site was annexed in 1994.
3. The site is approximately 14.47 acres.
4. The Comprehensive Plan identifies the site for Mixed Residential zoning
which includes zones RS -20, RS -12, RS -1, and R-1 through R-3.
5. The applicant is seeking a rezone to R-3 in order to subdivide the parcels
into 109 multi -family duplex lots for zero lot line construction.
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6. The lot density of the proposed subdivision is contingent upon the
approval of this rezone.
7. R-3 zoning permits a density at a rate of one dwelling unit for every 3,000
square feet of land area or 14.5 units per acre.
8. The Comprehensive Plan indicates that property designated as Mixed
Residential should be developed with 5 to 20 dwelling units per acre.
9. Barring required right-of-way dedications, a property of this size may be
divided into as many as 210 lots.
10. Development of the property under its current R-2 zoning designation
would require a density of one dwelling unit per each 5,000 square feet.
11. The proposal is in compliance with the Comprehensive Plan's land use and
zoning maps.
CONCLUSIONS BASED ON STAFF FINDINGS OF FACT
Before recommending approval or denial of a special permit the Planning
Commission must develop Findings of Fact from which to draw its conclusions
based upon the criteria listed in PMC 25.86.060. The criteria are as follows:
1. The proposal is in accordance with the goals and policies of the
Comprehensive Plan.
The proposal is consistent with the Comprehensive Plan Land Use Map and
several Plan policies and goals. H -2-A suggests the City permit a full range of
residential environments. Housing Policy (H -B -A) encourages standards that
control the scale and density of accessory buildings and homes to maintain
compatibility with other residential uses.
2. The effect of the proposal on the immediate vicinity will not be materially
detrimental.
The immediate area is shown in the Comprehensive Plan for Low Density and
Mixed Residential zoning which permits the R-3 (Medium Density Residential)
zoning district. The proposed rezone is consistent with the referenced plans and
will not be detrimental to future nearby developments that will need to conform to
the provision of the plans.
3. There is merit and value in the proposal for the community as a whole
There is merit in developing parcels within the City in accordance with the goals
and policies contained in the Comprehensive Plan. The proposed zoning is
consistent with the Plan's Land Use Map. Providing an increased range of housing
opportunities available in those areas currently served by municipal utilities and
public transportation benefits the community as a whole and will enable efficient
use of capital resources. The proposal is supported by land use goals and policies
contained in the Comprehensive Plan.
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4. Conditions should be imposed in order to mitigate any significant adverse
impacts from the proposal.
The Pasco Municipal Code includes design standards for residential and
commercial development. If or when the applicant pursues the development of this
property, he will be required to conform to design standards established by the
PMC. No special conditions are proposed.
5. A Concomitant Agreement should be entered into between the City and the
petitioner, and if so, the terms and conditions of such an agreement.
A Concomitant Agreement is not considered necessary for this application.
RECOMMENDATION
MOTION: I move to close the hearing on the proposed rezone and set January
17, 2019 as the date for deliberations and the development of a
recommendation for the City Council.
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REPORT TO PLANNING COMMISSION
MASTER FILE NO: PP 2018-009
HEARING DATE: 12/20/2018
ACTION DATE: 1/17/2019
APPLICANT: Knutzen Engineering
5453 Ridgeline Dr. Ste 120
Kennewick, WA 99338
REQUEST: Preliminary Plat: Cedar Flats (109 -Lot Multi -Family Subdivision for
Zero Lot Line Construction)
1. PROPERTY DESCRIPTION:
Legal: A Portion of Township 9 N, Range 30 E, Section 28
General Location: The 600 block of S Cedar Avenue
Property Size: 14.47 acres
Number of Lots Proposed: 106 multi -family duplexes and 3 single-family
homes (109 dwellings total)
Square Footage Range of Lots: 3,212 ftz to 18,160 ft2
Average Lot Square Footage: 4,436 ftz
2. ACCESS: The property has access from S Cedar Ave and the proposed
extension of E Helena St
3. UTILITIES: Municipal water and sewer service are located in S Cedar Ave
and E Helena St
4. LAND USE AND ZONING: The site is zoned R-2 (Medium -Density
Residential). Surrounding properties are zoned and developed as follows:
NORTH: R-2 — Vacant
SOUTH: R -1A — SFDUs
EAST: R-lA — SFDUs
WEST R-1 — SFDUs/Vacant
5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is
intended for mixed residential development. According to the
Comprehensive Plan, mixed residential development means 5 to 20
dwelling units per acre. The criteria for allocation under the future land
use section of Volume II of the Comprehensive Plan (Vol. II, page 17)
encourages development of lands designated for mixed residential uses
when or where sewer is available, when the location is suitable for home
sites, and when there is a market demand for new home sites. Policy H -1-
E encourages the advancement of home ownership and Goal H-2 suggests
the City strive to maintain a variety of housing options for residents of the
community. Goal LU -2 encourages the maintenance of established
neighborhoods and the creation of new neighborhoods that are safe and
enjoyable places to live.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead
agency for this project. An environmental determination will be made after
the public hearing for this project. A Determination of Non -Significance or
Mitigated Determination of Non -Significance is likely for this application
(WAC 197-11-355).
ANALYSIS
The project site includes five contiguous parcels on which four existing houses
and various accessory structures are located. The site was annexed into the City
in 1994 and zoned R-2 (Medium Density Residential). The applicant intends to
concurrently rezone the project site from R-2 to R-3—increasing the housing
density as a result—and develop the site with zero lot line multi -family duplexes
in phases. Of the allowable zones under the Mixed Residential designation, the
R-3 zone allows for the highest residential density at a rate of one dwelling unit
for every 3,000 ft2 of land area or 14.5 units per acre. In this case, the applicant
proposes 109 lots on 14.47 acres which calculates out to 7.5 units per acre.
The proposed plat is a multi -family plat designed to promote home ownership on
lots with R-3 densities. This proposal is identical to the process that was used
for the development of the Island Estates Row Homes in the Island Estates
subdivision (Phase 8), Mediterranean Villas and Columbia Villas Phases 1, 2 and
3. Each of these subdivisions was zoned for multi -family development and
platted into individual lots. The lot lines within these subdivisions became the
common boundary line separating the multi -family dwelling units built therein.
This enables the dwelling unit to be solid individually addressing one of the
Comprehensive Plan goals dealing with affordable housing.
The final dwelling unit density and lot layout will be contingent upon the
approval of the proposed rezone to R-3. Should the rezone be denied, the
applicant will be required to alter the lot layout according to R-2 zoning density
standards and resubmit.
The site borders one existing roadway—S Cedar Avenue—and will border the
extension of E Helena St when it is constructed with phases 1 and 2. Much of
the frontage along the site has not yet been improved with curb, gutter, sidewalk,
etc. Construction of these improvements will be required as a part of the
subdivision improvements and/or building permit approvals. Three of the four
existing houses on the site will remain on scaled-down lots to be integrated with
the rest of the development. All other structures will be demolished.
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The proposed plat will provide additional lots within the Urban Growth Area
(UGA) for single-family homes consistent with the Comprehensive Plan. The
proposed plat can be considered an infill development on property that has been
vacant since it was platted in 1888.
LOT LAYOUT: The proposed plat contains 109 residential lots. The lots vary in
size from 3,212 square feet to 18,160 square feet. The average lot size is 4,436
square feet. The proposal is consistent with the density requirements of the
proposed R-3 zoning; however, the lot density must be altered if the current R-2
zoning district prevails.
RIGHTS-OF-WAY: All lots have frontage on streets which will be dedicated. East
Helena Street will be extended through the plat and the proposed east/west
street labeled "Noelia Street' on the face of the plat will provide the development
with additional ingress/egress.
UTILITIES: Municipal water and sewer line are located in surrounding streets
and will be extended to and through the plat to serve the new lots.
A utility easement will be needed along the first 10 feet of street frontage of all
lots. The final location and width of the easements will be determined during the
engineering design phase. The front yard setbacks for construction purposes are
larger than the requested easements; therefore the front yard easements will not
diminish the buildable area of the lots.
The City Engineer will determine the specific placement of fire hydrants and
streetlights when construction plans are submitted. As a general rule, fire
hydrants are located at street intersections and with a maximum interval of 500
feet between hydrants on alternating sides of the street. Streetlights are located
at street intersections, with a maximum interval of less than 300 feet on
residential streets, and with a maximum interval of 150 feet on arterial streets.
The intervals for street light placements are measure along the centerline of the
road. Street lights are placed on alternating sides of the street.
STREET NAMES: The proposed street names have been shown on the face of
the plat but are subject to change if necessary.
IRRIGATION: There is no irrigation service in this neighborhood.
WATER RIGHTS: The assignment of water rights is a requirement for
subdivision approval per Pasco Municipal Code Section 26.04.115(B) and
Section 3.07.160. If no water rights are available to transfer to the City the
property owner/developer must pay a water right fee in lieu thereof.
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FINDINGS OF FACT
State law (RCW 58.17.010) and the Pasco Municipal Code require the Planning
Commission to develop Findings of Fact as to how this proposed subdivision will
protect and enhance the health, safety and general welfare of the community.
The following is a listing of proposed "Findings of Fact:"
Prevent Overcrowding: Density, setback and parking requirements of the
residential zoning districts are designed to address overcrowding concerns. The
Comprehensive Plan suggests the property in question could be developed with
5 to 20 dwelling units per acre. The proposed plat has a density of approximately
7.5 units per acre. No more than 60 percent of each lot is permitted to be covered
with structures per the proposed R-3 standards.
Parks Opens Space/Schools: Park impact fees will be collected at the time of
permitting to be used for park development including development of a large
community park. Virgie Robinson Elementary School is located approximately
half a mile northwest of the project site.
The City is required by RCW 58.17.110 to make a finding that adequate
provisions are being made to ameliorate the impacts of the proposed subdivision
on the School District. At the request of the School District the City enacted a
school impact fee in 2012. The imposition of this impact fee addresses the
requirement to ensure there are adequate provisions for schools. A school impact
fee in the amount of $4,700 per single-family unit and $4,525 per multi -family
unit will be charged for each dwelling unit at the time of building permit
issuance.
Effective Land Use/Orderly Development: The plat is laid out for multi -family
development as identified in the Comprehensive Plan. The maximum density
permitted under the Comprehensive Plan is 20 dwelling units per acre. The
developer is proposing a density of 7.5 units per acre.
Safe Travel & Walking Conditions: The plat will connect to the community
through the existing network of streets. Sidewalks are required in the R-3 zone
and will be installed at the time homes are built on individual lots. The sidewalks
will be constructed to current City standards and to the standards of the
American's with Disabilities Act (ADA). The ADA ramps at the corners of all
intersection will be installed with the construction of the road improvements.
Adequate Provision of Municipal Services: All lots within the plat will be
provided with water, sewer and other utilities.
Provision of Housing for State Residents: This plat contains 109 residential
building lots, providing an opportunity for the construction of 106 new dwelling
units in Pasco.
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Adequate Air and Light: The maximum lot coverage limitations, building height
restrictions and building setbacks will assure that adequate movement of air and
light is available to each lot.
Proper Access & Travel: The streets through and adjoining the plat have been
or will be paved and developed to City standards to assure proper access is
maintained to each lot. Connections to the community will be provided by S
Cedar Avenue and E Helena Street. The Preliminary Plat was submitted to the
Transit Authority for review. (The discussion under "Safe Travel" above applies
to this section also.)
Comprehensive Plan Policies & Maps: The Comprehensive Plan designates the
plat site for mixed -residential development. Policies of the Comprehensive Plan
encourage the advancement of home ownership and suggest the City strive to
maintain a variety of housing for residents.
Other Findings:
• The site is within the Pasco Urban Growth Boundary.
• The State Growth Management Act requires urban growth and urban
densities to occur within the Urban Growth Boundaries.
• The site is relatively flat with a gentle slope from the northeast to the
southwest.
• The site is not considered a critical area, a mineral resource area or a
wetland.
• The Comprehensive Plan identifies the site for Mixed -Residential
development.
• Mixed -Residential development is described in the Comprehensive Plan as
5 to 20 dwelling units per acre.
• The site is zoned R-2 (Medium Density Residential).
• The developer has concurrently applied to rezone the site to R-3 (Medium -
Density Residential).
• The plat's current lot density and layout is contingent upon the approval
of aforementioned rezone.
• The developer is proposing 7.5 dwelling units per acre with zero lot line
construction.
• The site falls within the landfill plume area.
• The Housing Element of the Comprehensive Plan encourages the
advancement of programs that promote home ownership and development
of a variety of residential densities and housing types.
5
• The Transportation Element of the Comprehensive Plan encourages the
interconnection of neighborhood streets to provide for the disbursement of
traffic.
• The interconnection of neighborhood streets is necessary for utility
connections (looping) and the provision of emergency services.
• Per the ITE Trip Generation Manual 9th Edition the proposed subdivision,
when fully developed, will generate approximately 633 vehicle trips per
day.
• The current traffic impact fee is $709 per dwelling unit. The impact fees
are collected at the time permits are issued and said fees are used to make
traffic improvements and add traffic signals in the I-182 Corridor when
warranted. However, traffic impact fees apply only to new dwellings located
west of 20th Avenue; therefore, traffic impact fees will not apply for this
development.
• The current park impact fee is $1,466 per dwelling unit. The fee can be
reduced by 58 percent if a developer dedicates a five acre park site to the
City. The dedication of a fully constructed park reduces the fee by 93
percent.
• RCW 58.17.110 requires the City to make a finding that adequate
provisions have been made for schools before any preliminary plat is
approved.
• The City of Pasco has adopted a school impact fee ordinance compelling
new housing developments to provide the School District with mitigation
fees. The fee was effective April 16, 2012.
• Past correspondence from the Pasco School District indicates impact fees
address the requirement to ensure adequate provisions are made for
schools.
• The plat is required to be development following all municipal codes
relating to infrastructure improvements.
• Plat improvements within the City of Pasco are required to comply with the
2015 Standard Drawings and Specification as approved by the City
Engineer. These improvements include but are not limited to water, sewer
and irrigation lines, streets, street lights and storm water retention. The
handicapped -accessible pedestrian ramps are completed with the street
and curb improvements prior to final plat approval. Sidewalks are installed
at the time permits are issued for new houses, except sidewalks along
major streets, which are installed with the street improvements.
• Water lines and fire hydrants are required to be looped. An easement
between two lots may be required to accomplish the looping.
• Per PMC 12.36.050 the developer must extend all utilities to and through
the subject parcel(s).
0
• All engineering designs for infrastructure and final plat(s) drawings are
required to utilize the published City of Pasco Vertical Control Datum.
• All storm water generated from a developed plat is required to be disposed
of per City and State codes and requirements. Prior to the City of Pasco
accepting construction plans for review the developer is required to enter
into a Storm Water Maintenance Agreement with the City. The developer
is responsible for obtaining the signatures of all parties required on the
agreement and to have the agreement recorded with the Franklin County
Auditor. The original signed and recorded copy of the agreement is
presented to the City of Pasco at the intake meeting for construction plans.
• Storm water runoff and infiltration calculations must comply with the
Storm Water Management Manual for Easter Washington, they must be
provided for review and approval. Storm water calculations must be
prepared, stamped, signed and dated by a currently licensed Professional
Engineer registered in the State of Washington.
• The assignment of water rights is a requirement for subdivision approval
per Pasco Municipal Code Section 26.04.115(B) and Section 3.07.160.
• The developer is responsible for all costs associated with construction,
inspection, and plan review service expenses incurred by the City
Engineering Office.
• The City has nuisance regulations (PMC 9.60) that require property owners
(including developers) to maintain their properties in a manner that does
not injure, annoy, or endanger the comfort and repose of other property
owners. This includes controlling dust, weeds and litter during times of
construction for both subdivisions and buildings including houses.
• Prior to acceptance of final plats developers are required to prepare and
submit record drawings. All record drawings shall be created in
accordance with the requirements detailed in the Record Drawing
Requirements and Procedure form provided by the Engineering Division.
This form must be signed by the developer prior to construction plan
approval.
• The final plat will contain 10 -foot utility easements parallel to all streets.
Additional easement will be provided as needed by utility providers.
CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of the proposed plat the Planning
Commission must develop findings of fact from which to draw its conclusion
(P.M.C. 26.24.070) therefrom as to whether or not:
(1) Adequate provisions are made for the public health, safety and general
welfare and for open spaces, drainage ways, streets, alleys, other public
ways, water supplies, sanitary wastes, parks, playgrounds, transit
stops, schools and school grounds, sidewalks for safe walking
conditions for students and other public needs;
The proposed plat will be required to develop under the standards of the Pasco
Municipal Code and the standard specifications of the City Engineering Division.
These standards for streets, sidewalks, and other infrastructure improvements
were designed to ensure that the public health, safety, and general welfare of the
community are secured. These standards include provisions for streets,
drainage, water and sewer service, and the provision for dedication of right-of-
way. The preliminary plat was forwarded to the PUD, the Pasco School District,
Cascade Gas, Charter Cable, Franklin County Irrigation District and Ben -
Franklin Transit Authority for review and comment.
Based on the School Districts Capital Facilities Plan the City collects school
mitigation fees for each new dwelling unit. The fee is paid at the time of building
permit issuance. The school impact fee addresses the requirements of RCW
58.17.110. All new developments participate in establishing parks through the
payment of park fees at the time of permitting.
(2) The proposed subdivision contributes to the orderly development and
land use patterns in the area;
The proposed plat is an infill development and is designed to make the most
efficient use of vacant parcels of land.
(3) The proposed subdivision conforms to the policies, maps and narrative
text of the Comprehensive Plan;
The Comprehensive Plan land use map designates the site for Mixed Residential
development. Mixed Residential development is described as 5 to 20 dwelling
units per acre in the text of the Comprehensive Plan. The Housing Element of
the Plan encourages the promotion of a variety of residential densities and
suggests the community should support the advancement of programs
encouraging home ownership. The Plan also encourages the interconnection of
local streets for inter -neighborhood travel for public safety as well as providing
for traffic disbursement.
(4) The proposed subdivision conforms to the general purposes of any
applicable policies or plans which have been adopted by the City
Council;
Development plans and policies have been adopted by the City Council in the
form of the Comprehensive Plan. The proposed subdivision conforms to the
policies, maps and narrative text of the Plan as noted in number three above.
H
(5) The proposed subdivision conforms to the general purposes of the
subdivision regulations.
The general purposes of the subdivision regulations have been enumerated and
discussed in the staff analysis and Findings of Fact. The Findings of Fact indicate
the subdivision is in conformance with the general purposes of the subdivision
regulations provided certain mitigation measures (i.e., school impact fees are
paid) .
(6) The public use and interest will be served by approval of the proposed
subdivision.
The proposed plat, if approved, will be developed in accordance with all City
standards designed to ensure the health, safety and general welfare of the
community are met. The Comprehensive Plan will be implemented through
development of this plat. These factors will ensure the public use and interest
are served.
TENTATIVE PLAT APPROVAL CONDITIONS
1. No utility vaults, pedestals, or other obstructions will be allowed at street
intersections.
2. All corner lots and other lots that present difficulties for the placement of
yard fencing shall be identified in the notes on the face of the final plat(s).
3. The final plat(s) shall contain a 10 -foot utility easement parallel to all
streets unless otherwise required by the Franklin County PUD.
4. The final plat(s) shall contain the following Franklin County Public Utility
District statement: "The individual or company making improvements on
a lot or lots of this Plat is responsible for providing and installing all trench,
conduit, primary vaults, secondary junction boxes, and backfill for the
PUD's primary and secondary distribution system in accordance with PUD
specifications; said individual or company will make full advance payment
of line extension fees and will provide all necessary utility easements prior
to PUD construction and/or connection of any electrical service to or
within the plat."
5. The face of the plat shall include this statement: "As a condition of
approval of this preliminary plat the owner has waived the right to
protest the formation of a Local Improvement District for
sewer/water/road/sidewalk improvements to the full extent as permitted
by RCW 35.43.182.-
6. Any existing water rights shall be transferred to the City as a condition of
approval. If no water rights are available then the property owner shall
pay to the City, in lieu thereof, a water rights acquisition fee as
established in the City Fee Summary Ordinance located in PMC 3.07.
PMC 26.04.115.
W
7. A traffic impact analysis (TIA) will be required prior to development of any
portion of this preliminary plat. The scope of this TIA must be submitted
and approved by the City of Pasco.
RECOMMENDATION
MOTION: I move to close the hearing on the proposed preliminary plat and set
January 17, 2019 as the date for deliberations and the development
of a recommendation for the City Council.
10
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REPORT TO PLANNING COMMISSION
MASTER FILE NO: Z 2018-009 APPLICANT: Howard Rowell/
HEARING DATE: 12/20/2018 Rowell Living Trust
ACTION DATE: 1/17/19 11720 Pheasant Run
Pasco WA 99301
BACKGROUND
REQUEST: REZONE: Rezone 4 parcels from C-1 (Retail Business District) and
RT (Residential Transition) to C-3 (General Commercial)
1. PROPERTY DESCRIPTION:
Legals:
Lot 1: That portion of Block 9, Washington Addition to Pasco, according to
the Plat thereof recorded in Volume B of Plats, Page 54, AND that portion
of vacated Butte Street right of way and Missoula Street right of way
vacated by City of Pasco Ordinance 3996, recorded under Auditor's File
number 1763039, records of Franklin County, Washington, described as
follows: Commencing at the southeast corner of Lot 17 of said Plat; Thence,
along the south line of said Block and coincident with the north right of
way margin of East A Street, South 89°43'56" West, a distance of 250.32
feet to the southwest corner of Lot 16 of said Plat, in said block, which
point is also on the east right of way margin of Heritage Boulevard; Thence,
along the west line of said Block and coincident with said east right of way
margin, North 0048'40" West, a distance of 230.00 feet to the TRUE POINT
OF BEGINNING; Thence continuing along said east right of way margin
and said Block, North 00°48'40" West, a distance of 190.00 feet to the
northwest corner of Lot 1 of said Block 9, which point is on the south right
of way margin of said vacated Butte Street; Thence continuing along said
east right of way margin, North 00°48'40" West, a distance of 40.00 to the
centerline of said vacated Butte Street; Thence, along said centerline,
North 8943'59" East, a distance of 289.88 feet to the centerline of said
vacated Missoula Street; Thence, along the centerline of said Missoula
Street, South 00°52'00" East, a distance of 230.00 feet; Thence, leaving
said centerline, South 89°43'56" West, a distance of 40.00 feet to the east
line of Lot 25 of said Block 9; Thence, continuing South 89°43'56" West, a
distance of 250.10 feet to the TRUE POINT OF BEGINNING.
Lot 2: lots 1 thru 24 & lots 27 thru 32, block 10, Washington add together
with vacated streets and alleys adjacent per Ordinance #3996
Lot 3: lots 25 & 26, block 10, Washington add together with vacated streets
and alleys adjacent per Ordinance #3996
Lot 4: Washington add all Block 7 together with vacated streets and alleys
adjacent per Ordinance #3996
General Location: At the Northeast corner of Heritage Boulevard and East
"A Street (2800 Block of East "A" Street).
Property Size: Approximately 7.92 Acres:
Lot #
Sq Ft
Acres
Lot 1
66,671
1.53
Lot 2
131,208
3.01
Lot 3
6,700
0.15
Lot 4
140,263
3.22
Total
344,842
7.92
2. ACCESS: The parcel is accessible from East "A" Street and Heritage
Boulevard.
3. UTILITIES: Water is available via an 8" line along the south side of East
"A" Street and is stubbed to the site; an 8" sewer line runs along the north
side of East "A" Street.
4. LAND USE AND ZONING: The lots are currently vacant except for a small
block outbuilding on one of the lots, and are zoned as follows:
Lot# I APN I Zoning
Lot
;113884138
C-1
Lott
11138830311
C-1
Lot
11138830401
C-1
Lot
11138830221
RT
Surrounding properties are zoned and developed as follows:
NORTH: RT Vacant
EAST: RT One residential unit
SOUTH: I-1 Vacant
WEST: C-1 8s R -1-A Vacant & SFDUs
5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for
Commercial uses. Those portions of the community designated for
commercial development by the Comprehensive Plan could be zone "O", C-
1, C-2, C-3 CR and BP. Land Use Goal ED -2 encourages the appropriate
location and design of commercial facilities within the City. ED -2-B
encourages the development of a wide range of commercial uses
strategically located to support local and regional needs.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead
agency for this project. An environmental determination will be made after
the public hearing for this project. A Determination of Non -Significance or
2
Mitigated Determination of Non -Significance is likely for this application
(WAC 197-11-355).
ANALYSIS
Applicant is seeking to rezone several tax parcels located at the northeast corner
of Heritage Boulevard and East "A" Street from C-1 (Retail Business District) and
RT (Residential Transition) to C-3 (General Business), consistent with the
Comprehensive Plan designation for the property.
The site, platted in 1913 as the Washington Addition to Pasco, was originally
designed as a residential neighborhood but was never developed. With the
exception of a single small block outbuilding, the site is vacant. The site was
annexed into the City in 1994 (Ordinance 3033) and assigned the Residential
Transition zoning designation. The RT zone is typically used as a holding zone
for areas that lack utility services. As utilities and infrastructure become
available RT zoned properties are then zoned to match the land use designations
of the Comprehensive Plan.
In February of 2011 Applicant was granted a vacation (Ordinance 3996) of all
streets and alleys within Blocks 7, 9, and 10 of Washington Addition.
In 2016 a Comprehensive Plan Amendment was approved (Ordinance 4328),
changing the Land Use Map designation of the area from Low -Density Residential
and Mixed Residential/ Commercial to Commercial. Applicant subsequently
received approval for a rezone (Ordinance 3998; March 2011) of the southern
portion of the area from RT (Residential Transition) to C-1 (Retail Business
District).
Under the current Comprehensive Plan land use designation of commercial, the
property could be zoned for "O", C-1, C-2, C-3, CR, and BP zoning (C-2 zoning is
only for the Central Business District).
Applicant now wants to rezone the site from C-1 and RT to C-3 so as to expand
the possible uses of the property.
As per PMC 25.46.020 The following uses shall be permitted in the C-3 district:
1) All uses permitted in the C-1/ C-2 districts;
2) Service stations;
3) Laundry;
4) Trucking, express and storage yards;
5) Wholesale business;
6) Heavy machinery sales and service;
7) Warehouse;
8) Landscape gardening and storage area for equipment and materials;
9) Automobile sales and service;
10) Mobile home and trailer sales and service;
11) Lumber sales business;
12) Veterinarian clinics for household pets (including indoor boarding
facilities); and Parking lots within 500 feet of a C-2 district boundary
provided, such lots are paved and the development complies with the
landscape and fencing requirements of the C-1 district, as enumerated
in subsection 25.42.020(13). Contractor' s plant or storage yard
provided such plant or yard is more than 300 feet from a residential
district.
Uses allowed in the C-3 Zoning District with a Special Permit include the
following:
1) "Veterinarian clinics for livestock, including outdoor treatment
facilities, provided all boarding or overnight holding of animals occurs
indoors;
2) Auto body shops; Parking lots;
3) Contractor' s plant or storage yard within 300 feet of a residential
district; and Unclassified uses."
4)
Rezone Criteria
The initial review criteria for considering a rezone application are explained in
PMC. 25.88.030. The criteria are listed below as follows:
1. The date the existing zone became effective:
Block 7 (APN # 113883022): The current zoning classification of RT (Residential
Transition) became effective on July 23, 1994 (Ordinance 3033), upon annexation
into the City.
Blocks 9 & 10: (APNs # 113884138 & # 113883031) the C-1 zoning classification
became effective March 12, 2011 (Ordinance 3998).
2. The changed conditions, which are alleged to warrant other or additional
zoning:
Heritage Boulevard has been upgraded and realigned to accommodate heavy
truck traffic originating from the industrially zoned properties to the south, and
some industrial uses have been developed to the southeast of the site. High-
density housing has been developed to the east (Tierra Vida Apartments).
3. Facts to justify the change on the basis of advancing the public health,
safety and general welfare:
The proposed zoning request is consistent with the Comprehensive Plan which has
been determined to be in the best interest of advancing public health, safety and
general welfare of the community. The rezone will allow for development of a
broader spectrum of commercial enterprises in the area, providing job opportunities
for Pasco residents.
4. The effect it will have on the value and character of the adjacent property
and the Comprehensive Plan:
A change in zoning classification may ultimately result in the establishment of
commercial services consistent with the Comprehensive Plan. Any development
E!
will require developers to install/upgrade street, utilities and landscaping in the
area, thus improving the value of surrounding properties on Lewis Street.
Residential properties may decrease in value, or increase in value at a slower rate
due to the proximity of more intense uses.
5. The effect on the property owner or owners if the request is not granted
Block 7 (APN # 113883022): Because the RT zoning permits single family homes
on a minimum of 5 acres for development, and the property zoned RT comprises
approximately 3.2 acres, the property owners will be severely limited by the
constraints of the RT zoning designation in their ability to either develop or to sell
the property.
Blocks 9 & 10: (APNs # 113884138 & # 113883031) Applicant would still be able
to use the property for all uses permitted in the `O' and C-1 zoning districts.
STAFF FINDINGS OF FACT
Findings of fact must be entered from the record. The following are initial findings
drawn from the background and analysis section of the staff report. The Planning
Commission may add additional findings to this listing as the result of factual
testimony and evidence submitted during the open recOrdinance hearing.
1. Applicant is seeking to rezone several tax parcels from C-1 (Retail Business
District) and RT (Residential Transition) to C-3 (General Business),
consistent with the Comprehensive Plan designation for the property.
2. The parcels are located at the northeast corner of Heritage Boulevard and
East "A Street
3. The site was platted in 1913 as the Washington Addition to Pasco but was
never developed.
4. The site was originally designed as a residential neighborhood.
5. With the exception of a single small concrete outbuilding, the site is
vacant.
6. The site was annexed into the City in 1994 (Ordinance 3033).
7. The site was assigned the Residential Transition zoning designation at time
of annexation.
8. The RT zone is typically used as a holding zone for areas that lack utility
services. As utilities and infrastructure become available RT zoned
properties are then zoned to match the land use designations of the
Comprehensive Plan.
9. all streets and alleys within Blocks 7, 9, and 10 of Washington Addition
were vacated in February of 2011 with Ordinance 3996.
10. A Comprehensive Plan Amendment changing the Land Use Map
designation of the area from Low -Density Residential and Mixed
Residential/ Commercial to Commercial was approved In 2016 (Ordinance
4328).
11. The southern portion of the site was rezoned from RT (Residential
Transition) to C-1 (Retail Business District) via Ordinance 3998 in March
2011).
12. Under the current Comprehensive Plan land use designation of
commercial, the property could be zoned for °O", C-1, C-2, C-3, CR, and
BP zoning (C-2 zoning is only for the Central Business District).
13. Applicant has applied to rezone the site from C-1 (Retail Business District)
and RT (Residential Transition) to C-3 (General Business).
14. As per PMC 25.46.020 The following uses are permitted in the C-3 district:
a. All uses permitted in the C-1/ C-2 districts;
b. Service stations;
c. Laundry;
d. Trucking, express and storage yards;
e. Wholesale business;
L Heavy machinery sales and service;
g. Warehouse;
h. Landscape gardening and storage area for equipment and materials;
i. Automobile sales and service;
j. Mobile home and trailer sales and service;
k. Lumber sales business;
1. Veterinarian clinics for household pets (including indoor boarding
facilities); and Parking lots within 500 feet of a C-2 district boundary
provided, such lots are paved and the development complies with
the landscape and fencing requirements of the C-1 district, as
enumerated in subsection 25.42.020(13). Contractor' s plant or
storage yard provided such plant or yard is more than 300 feet from
a residential district.
15. The following uses are allowed in the C-3 Zoning District upon issuance of
a Special Permit:
a. "Veterinarian clinics for livestock, including outdoor treatment
facilities, provided all boarding or overnight holding of animals
occurs indoors;
b. Auto body shops; Parking lots;
c. Contractor' s plant or storage yard within 300 feet of a residential
district; and Unclassified uses."
11
The proposed rezone area is shown in the Comprehensive Plan for Commercial
zoning. Commercial zoning permits the C-3 (General Commercial Medium)
zoning district. The proposed rezone is consistent with the referenced plans;
however, the area is adjacent a residentially zoned district which may suffer
negative impacts from the more intense uses allowed in the C-3 zoning district.
Staff recommends the provision of a concomitant agreement to mitigate for these
possible impacts.
CONCLUSIONS BASED ON STAFF FINDINGS OF FACT
Before recommending approval or denial of a special permit the Planning
Commission must develop findings of fact from which to draw its conclusions
based upon the criteria listed in PMC 25.86.060. The criteria are as follows:
1. The proposal is in accordance with the goals and policies of the
Comprehensive Plan.
The proposal is consistent with the Comprehensive Plan Land Use Map and
Comprehensive Plan Policy LU -4-A, which recommends the City "Locate
commercial facilities at major street intersections to avoid commercial sprawl and
avoid disruptions of residential neighborhoods, and leverage major infrastructure
availability." The site is at the intersection of two arterial streets; Heritage
Boulevard and East "A" Street, both major truck routes.
2. The effect of the proposal on the immediate vicinity will not be materially
detrimental.
The immediate area is shown in the Comprehensive Plan for Commercial zoning.
Commercial zoning permits the C-3 (General Commercial Medium) zoning district.
The proposed rezone is consistent with the referenced plans; however, the area is
adjacent a residentially zoned area and uses allowed in the C-3 zoning district are
typically buffered from residential uses by less intensive zoning districts. As such,
this proposal may be materially detrimental to future nearby developments that
will need to conform to the provision of the plans. A concomitant agreement is
advisable.
3. There is merit and value in the proposal for the community as a whole.
The proposed zoning is consistent with the Plan's Land Use Map. The site is
located at the intersection of two major truck routes (Heritage Boulevard and East
"A" Street); Comprehensive Plan Policy LU -4-A requires the City to "Locate
commercial facilities at major street intersections to avoid commercial sprawl and
avoid disruptions of residential neighborhoods, and leverage major infrastructure
availability." The proposal is supported by land use goals and policies contained
in the Comprehensive Plan.
4. Conditions should be imposed in order to mitigate any significant adverse
impacts from the proposal.
7
The Pasco Municipal Code includes design standards for commercial development.
If or when applicants pursue the development of this property, they will be required
to conform to design standards established by the PMC. No special conditions are
proposed.
5. A Concomitant Agreement should be entered into between the City and the
petitioner, and if so, the terms and conditions of such an agreement.
A Concomitant Agreement is considered necessary for this application; the site is
directly east of an existing residential development across Heritage Boulevard,
and immediately adjacent zoned residential to the north and east. Typical
separation of C-3 uses when the property develops should appear in the form of a
solid block wall and landscaping elements as per PMC 25.75. Distance buffers
from more intensive uses otherwise allowed within the C-3 zoning district may
also be appropriate.
RECOMMENDATION
MOTION: I move to close the hearing on the proposed rezone and set January
17, 2019 as the date for deliberations and the development of a
recommendation for the City Council.
8
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"Exhibit # 1"
CONCOMITANT ZONING AGREEMENT
WHEREAS, the City of Pasco, Washington, a non -charter code city, under the laws
of the State of Washington (Chapter 35A.63 R.C.W. and Article 11, Section 11 of the
Washington State Constitution) has authority to enact laws and enter into agreements to
promote the health, safety and welfare of its citizens, and thereby control the use and
development of property within its jurisdiction; and
WHEREAS, the Owner(s) of certain property have applied for a rezone of such
property described below within the City's jurisdiction; and
WHEREAS, the City pursuant to R.C.W. 43.12(c), the State Environmental Policy
Act, should mitigate any adverse impacts which might result because of the proposed rezone;
and
WHEREAS, the City of Pasco and the Owner(s) are both interested in compliance
with the Pasco Municipal Code provisions relating to the use and development of property
situated in the City of Pasco, described as follows:
Lot 1: That portion of Block 9, Washington Addition to Pasco, according to the
Plat thereof recorded in Volume B of Plats, Page 54, AND that portion of vacated Butte
Street right of way and Missoula Street right of way vacated by City of Pasco Ordinance
3996, recorded under Auditor's File number 1763039, records of Franklin County,
Washington, described as follows: Commencing at the southeast corner of Lot 17 of
said Plat; Thence, along the south line of said Block and coincident with the north right
of way margin of East A Street, South 89°43'56" West, a distance of 250.32 feet to the
southwest corner of Lot 16 of said Plat, in said block, which point is also on the east
right of way margin of Heritage Boulevard; Thence, along the west line of said Block
and coincident with said east right of way margin, North 0048'40" West, a distance of
230.00 feet to the TRUE POINT OF BEGINNING; Thence continuing along said east
right of way margin and said Block, North 00°48'40" West, a distance of 190.00 feet
to the northwest corner of Lot 1 of said Block 9, which point is on the south right of
way margin of said vacated Butte Street; Thence continuing along said east right of
way margin, North 00°48'40" West, a distance of 40.00 to the centerline of said vacated
Butte Street; Thence, along said centerline, North 8943'59" East, a distance of 289.88
feet to the centerline of said vacated Missoula Street; Thence, along the centerline of
said Missoula Street, South 00°52'00" East, a distance of 230.00 feet; Thence, leaving
said centerline, South 89°43'56" West, a distance of 40.00 feet to the east line of Lot
25 of said Block 9; Thence, continuing South 89°43'56" West, a distance of 250.10
feet to the TRUE POINT OF BEGINNING.
Lot 2: lots 1 thm 24 & lots 27 thru 32, block 10, Washington add together with
vacated streets and alleys adjacent per Ordinance #3996
Lot 3: lots 25 & 26, block 10, Washington add together with vacated streets and
alleys adjacent per Ordinance #3996
Lot 4: Washington add all Block 7 together with vacated streets and alleys adjacent
per Ordinance #3996
WHEREAS, the Owner(s) have indicated willingness to cooperate with the City of
Pasco, its Planning Commission and Planning Department to ensure compliance with the Pasco
Zoning Code, and all other local, state and federal laws relating to the use and development of
the above described property; and
WHEREAS, the City, in addition to civil and criminal sanctions available by law,
desires to enforce the rights and interests of the public by this concomitant agreement, NOW,
THEREFORE,
In the event the above-described property is rezoned by the City of Pasco to C-3
(General Business) and in consideration of that event should it occur, and subject to the terms
and conditions hereinafter stated, the applicant does hereby covenant and agree as follows:
1. The Owner(s) promise to comply with all of the terms of the agreement in the event
the City, as full consideration herein grants a rezone on the above-described property.
2. The Owner(s) agrees to perform the terms set forth in Section 4 of this agreement.
3. This agreement shall be binding on their heirs, assigns, grantees or successors in
interest of the Owner(s) of the property herein described.
4. Conditions:
A. A buffer consisting of a 6' tall architectural block wall, along with 10'
of landscaping to be placed on the residential side of the wall as per
PMC 25.75.040 shall be installed between all residential zoning districts
and all C-3 uses.
B. The following uses shall be prohibited within 300 feet of any residential
district:
a. Carwashes;
b. Wineries as defined under 25.12.480;
c. Dance halls and nightclubs;
d. Trucking, express and storage yards;
e. Heavy machinery sales and service;
f. Warehouse;
g. Landscape gardening and storage area for equipment and
materials;
h. Automobile sales and service;
i. Mobile home and trailer sales and service;
j. Lumber sales business;
k. Contractor' s plant or storage yard
CONCOMITANT ZONING AGREEMENTPAGE 2 OF 3
C. All uses permitted as conditional uses under PMC 25.46.040 are
prohibited.
The person(s) whose names are subscribed herein do hereby certify that they are the
sole holders of fee simple interest in the above-described property:
Owner:
Owner:
STATE OF WASHINGTON)
) ss.
County of Franklin )
On this day of , 2018, before me, the
undersigned, duly commissioned and sworn, personally appeared
to
me known to be the individual(s) described above and who executed the within
and foregoing instrument as an agent of the owner(s) of record, and
acknowledged to me that he/she/they signed the same as his/her/their free and
voluntary act and deed, for the uses and purposes therein mentioned, and on
oath stated that he/she/they is/are authorized to execute the said instrument.
GIVEN under by hand and official seal this day of
.2018.
Notary Public in and for the State
of Washington, residing at
CONCOMITANT ZONING AGREEMENTPAGE 3 OF 3
MEMORANDUM
DATE: December 20, 2018
TO: Planning Commission
FROM: Darcy Bourcier, Planner I
SUBJECT: Single Room Occupancy in Residential and Commercial Zoning
Districts (CA2018-004)
Interest has been expressed to introduce single room occupancy (SRO) housing
to Pasco—a form of affordable housing that the City does not currently practice
or permit. SROs consist of multiple single room dwelling units with kitchens,
bathrooms, and laundry facilities provided either within each unit or in a
common area. Typically, this form of housing is rent only and directed at low-
income residents, students, single tenants, or seasonal/ traveling workers due
to their smaller size and limited amenities. SROs are more common in larger
cities near central business districts and are often converted from
hotels/motels. Municipalities may determine the allowable minimum and
maximum square footage for SRO units, but typically they range in size from
150 to 500 square feet based upon the amenities provided in each unit. Like
hotels and apartments, SRO facilities have either an on-site manager or a
management office.
The City of Pasco has no provision in the Zoning Code to allow for this form of
housing. In other cities, SRO housing is often more dense than what is typically
permitted in even high-density residential districts and is also often permitted
in commercial zones. In comparison, the most dense residential development
the PMC permits is in the R-4 (High Density Residential) zoning district, which
requires 1,500 square feet per dwelling unit. Furthermore, residential units are
not permitted in commercial zones unless the units are above the ground floor
of a commercial building and the residential use has been approved through
the Special Permit process.
SROs can benefit a city in various ways. These smaller, more affordable units
can be one solution to a city's homelessness issues, as they are a suitable
option for physically and mentally disabled residents or for those on fixed
incomes. Additionally, since SROs commonly originate from existing hotels,
developers have the opportunity to purchase and convert these hotels into
SROs, therefore helping to bring nuisance properties up to city code.
I
Conversely, SROs can concentrate lower income households in one area or
facility, which can cause adverse impacts to overall neighborhood welfare.
An example of unit layouts has been attached to illustrate the relative size of
the units as well as the placement of amenities, should they be included within
each unit.
The Planning Commission shall conduct a public hearing, and if more
discussion is necessary, continue the public hearing to the January 17, 2019
meeting.
RECOMMENDATION
MOTION: I move to close the hearing on the proposed code amendment and
set January 17, 2019 as the date for deliberations and the
development of a recommendation for the City Council.
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CHAPTER 25.XX SINGLE ROOM OCCUPANCY
Sections:
25.XX.XXX PURPOSE
25.XX.XXX DEFINITION
25.XX.XXX PERMITTED ZONES
25.XX.XXX DEVELOPMENT STANDARDS
25.XX.XXX PURPOSE. The purpose of these regulations is to allow single room occupancy
(SRO) dwelling units within the City limits which provide high-density housing typically
consisting of no more than two rooms per dwelling unit.
25.XX.XXX DEFINITION. "Single room occupancy' (SRO) shall be defined as a facility
providing downsized dwelling units consisting of one to two rooms with occupancy per dwelling
unit dictated by HUD standards. SRO facilities provide individuals with housing for a duration of
thirty (30) days or more. Kitchens/kitchenettes and/or bathrooms may be located in the units
or be located centrally for communal use.
In zoning districts which allow SRO housing via Conditional Use Permit, the regulations
contained herein shall be considered additional to those of the underlying zoning district. The
provisions of this Chapter shall prevail in the event of conflicting standards presented in the
underlying zoning district regulations. SRO housing must meet all building and zoning standards
as dictated by the PMC.
25.XX.XXX PERMITTED ZONES. An SRO housing facility may be approved via Conditional
Use Permit in the following order of preference:
C-1 (Retail Business)
C-2 (Central Business District)
C-3 (General Business District)
25.XX.XXX DEVELOPMENT STANDARDS. Each SRO facility shall comply with all
development standards for the applicable zoning district and the standards contained below.
(1) SRO facilities shall not be subject to density standards.
(2) SRO facilities shall follow the Department of Housing and Urban Development's
(HUD) occupancy standards for single and double -occupancy units;
(3) Single and double -occupancy units shall house no more than two (2) adults over
the age of 18;
(4) At least one (1) off-street parking space per two (2) units is required;
(5) SRO facilities shall include 24-hour on-site management. A dwelling unit shall be
designated for the manager;
(6) Bathroom and kitchen/kitchenette facilities must be provided either within each
dwelling unit or in a central location for common use with one full bathroom per
every three units on a floor and one full kitchen per floor;
(7) At least one handicapped accessible unit shall be required for every twenty (20)
units;
(8) One washer and dryer must be provided for every 20 units;
(9) Mailboxes shall be provided for each unit;
(10) Each SRO facility with 100 units or more shall have a minimum of 400 square feet
of common indoor and/or outdoor recreational space;
a. For SRO facilities exceeding 150 units, an additional 10 square feet of
recreational space per unit is required;
b. Landscaped areas less than eight (8) feet in width shall not be considered
recreational space;
(11) All common areas shall comply with all applicable ADA accessibility and
adaptability requirements.
MEMORANDUM
DATE: November 27, 2018
TO: Planning Commission
Rick White, Director,
Community & Economic Development
FROM: Jeffrey B. Adams, Associate Planner
SUBJECT: Administrative Review of Right -of -Way Dedications and Short Plat
Right -of -Way Improvements (MF# CA 2018-005)
The purpose of a short plat is to provide an administrative method of land
subdivision allowing the creation of nine or fewer lots meeting the zoning and
subdivision requirements established in Titles 25 and 26, with the intent of
promoting orderly and efficient community growth within the requirements of
Revised Code of Washington (RCW) 58.17.035. Two issues which contribute to
uncertainty in the short plat process include dedication of rights-of-way and lack
of clear guidance for improving those rights-of-way.
Administrative Dedication of Rights -of -Way
First, the Pasco Municipal Code (PMC) specifies the location of structures, such
as fences, homes, and outbuildings with reference to property lines. However
oftentimes, due to lack of standardized subdivision regulations in times past, the
property lines enter into areas recognized and used as road travel lanes. As such,
if following the letter of the Pasco Municipal Code, a fence could have legally been
placed in the center of a road; a house could have been located against the road
asphalt.
City resolution 1372 Section 2(1) dated September 15, 1980 allowed the City to
withhold building permits until sufficient and appropriate rights-of-way
consistent with current City standards, are dedicated for the required ... streets
which are deemed necessary by the City for the proper circulation of traffic;"
However the code is vague in that it could be interpreted to mean that each and
every dedication of right-of-way must pass through the city Council for
confirmation.
Page 1 of 7
As a matter of housekeeping, staff proposes to simplify the right-of-way
dedication process and to outline the type and timing of improvements required
in the rights-of-way, as follows:
26.04.040 EXCEPTIONS. The provisions of this Title shall not apply to:
(5) The dedication of sufficient and appropriate public street right-of-wav
where the property line is located within 30 feet of the centerline of a
clearly recognized and existing local access or collector public street or
within 40 feet of the centerline of a clearly recognized and existing primary
or secondary arterial street: or within 50 feet of the centerline of a clearly
recognized and existing primary arterial street containing a landscale
median.
26.04.110 DEDICATION PROCESS. The dedication of easements, rights-
of-way, parks and open space shall be accomplished by either submitting
an individual document or by submitting a binding site plan, short plat or
final plat for approval showing the dedication thereon. Acceptance by the
City shall be identified by approval signatures on the documents listed
above. Dedication of land may also be made to the City by the submitter
of a signed dedication document containing a complete and accurate legal
description of the property to be dedicated. Following acceptance of the
dedication of rights-of-way via individual document binding site plan
short plat, final plat or other administrative process document by the Citv
Manager or her/his appointee or in the case of preliminary plats or other
quasi-iudicial processes, acceptance of dedication by a majority affirmative
vote of the City Council the dedication document shall be recorded in the
office of the Franklin County Auditor.
Legal Descriptions on Plats
Second, a group of local surveyors have requested changes in legal descriptions
required on short plats (see attached letter), noting that "The names of adjoining
landowners is (1) irrelevant to a short plat, [and] (2) subject to frequent change
and therefore not appropriate for a survey that becomes part of the permeant
county record...."
Staff proposes to eliminate verbiage in the Code which conflicts with these
concerns, as follows:
26.36.070 APPLICATION - CONTENT. Applications for approval of short
plats shall contain:
(1) Six copies of a sketch (at a scale of one (1) inch to one hundred
(100) feet) of the entire contiguous tract owned by the applicant subdivider,
Page 2 of 7
And;
in a paper format of eighteen (18) inches x twenty-four (24) inches with
two inch margins which shall show:
(a) The ew-ners of..djaeent land Rra names of any adjacent
subdivision;
(b) A vicinity map;
(c) Lines marking the boundaries of proposed lots, square
footages of the proposed lots and number of each lot;
(d) Approximate locations of existing roads, cul-de-sacs,
alleys and ways or easements for such roads, and rights-of-way
within and adjacent to the tract;
(e) Location, dimensions and usage designations for all
proposed and existing easements of record;
(f) Proposed source of water supply and method of sewage
disposal for each lot;
(g) The legal description and parcel number of the said
tract and legal aeseriptiens of all . ed lots;
(h) The name and address of the owner or owners of the
said tract;
(i) A completed Environmental Checklist form;
6) Land Surveyor Certificate;
(k) Signatures of all recorded property owners agreeing to
the division of property;
(1) A utility easement and improvement statement shall be
shown on the face of the short plat in a manner prescribed by the
appropriate utility provider;
(m) The signature block shall include the
(i) City
Engineer.
(n) Cit9 P4ez ner-
Development Director.
(iii) County Auditor.
(iv) Franklin County
utility district.
following:
Community and Economic
Public Utility District or other
(v) Irrigation District (when applicable).
26.36.080 ADMINISTRATIVE DUTIES. The CityP4anner
Community and Economic Development Director or designee, is vested
with the duty of administrating the provisions of this chapter.
(1) An application for short plat approval shall be approved,
approved with conditions, returned to the applicant for modifications or
denied within thirty (30) days of its receipt by the G:+•, Day nye Community
and Economic Development Director or designee unless the applicant
Page 3 of 7
agrees, in writing, to an extension of this period. The G:..er-
Communitv and Economic Development Director or designee shall not be
considered to be in receipt of an application for short plat approval unless
and until such time as the application meets the requirements of Section
26.36.040, 26.36.050, 26.36.060 and 26.36.070, as determined by the
C"" Planner Community and Economic Development Director or designee.
(Ord. 3758 Sec. 1, 2006).
(2) Upon receiving a complete application for short plat approval,
the Gomer Community and Economic Development Director or
designee shall transmit a copy of the short plat, together with copies of
any accompanying documents as the Cit P4anne Community and
Economic Development Director or designee deems appropriate, to the
following:
(a) City Engineer, who shall review the proposed short plat
with regard to its conformance to the general purposes of adopted
traffic and utility plans, adequate provisions for storm drainage,
streets, alleys, other public ways, parks and playgrounds, schools
and school grounds, sidewalks and other planning features that
assure safe walking conditions for students, water and sanitary
sewer, and conformance to any applicable improvement standards
and specifications;
(b) Fire Chief, who shall review the proposed short plat with
regard to adequate provisions for emergency access;
(c) All property owners within 300 feet of the proposed
short plat;
(d) Any other City department, utility provider, school
district or other public or private entity as the City--D er
Community and Economic Development Director or designee deems
appropriate. (Ord. 3758 Sec. 1, 2006).
(3) In transmitting the proposed short plat to the parties
referenced above, the City Planner Community and Economic
Development Director or designee shall solicit their comments and
recommendations, and note the date by which comments and
recommendations must be received by the City Do , Tomer Community and
Economic Development Director or designee in order to be considered.
Comments from property owners must be received by the City -D4anner
Community and Economic Development Director or designee in writing
within 10 days of the date of the notice in order to be considered. The 6rty
n Community and Economic Development Director or designee shall
respond in writing to any property owner comments received within 5
working days of receipt of the comments. The respondent shall then have
7 days to file an appeal with the Community and Economic Development
Director. Any comments received within the 10 day notice period shall be
incorporated into the formal findings which will form the basis of the GAY
Planne Community and Economic Development Director or designee's
decision on the short plat. If no comments are received from any of the
Page 4 of 7
parties referenced above, the Cite- na4ne Community and Economic
Development Director or designee shall make such findings as he/she
reasonably deems appropriate. However, in every case a proposed short
plat shall contain a statement of approval from the City Engineer, as to
the survey data, the layout of streets, alleys and other rights-of-way,
design of sewer and water systems and other infrastructure. The Gi
Dl fflnpr -hull nat approve a ,.her-. plat, The short plat shall not be
approved, which does not contain a statement signed by the City Engineer.
(Ord. 3758 Sec 1, 2006; Ord. 3398 Sec. 2, 1999.)
Right -of -Way Improvements
Finally, as development of subdivisions is often drawn out and sometimes
complicated by changes of ownership or other difficulties, confusion often arises
over who determines ROW improvements, what improvements are required, and
when those improvements need to occur. This Code Amendment proposes the
following:
26.36.095 CONSTRUCTION OF IMPROVEMENTS REQUIRED. The Citv
Engineer shall determine whether:
(1) Public rights-of-way must be improved and utilities installed to the
minimum requirements of this code and City Standards.
(2) Reauired infrastructure improvements must be substantially
completed as approved by the City Engineer. Minor improvements
consisting only of sidewalks and landscaping where applicable, or similar
improvements, may be secured by a plat bond.
(3) In lieu of completion of these minor improvements prior to recording
of the short plat, a plat bond issued by a licensed corporate surety or two
individual sureties or other approved surety must be provided, to the full
amount of the cost of such work, as estimated by the City Engineer,
including construction inspection costs, but in no case less than
$2,000.00
(4) All or a portion of security will be released upon acceptance of the
improvements by the City Engineer, or upon substitution of another
guarantee or approved bond or security.
(5) If, after two years, all improvements are not so improved the City will
cause the improvements to be provided in accord with the approved plans,
and the costs thereof must be paid by the bonding company, or out of the
savings account assignment or other security.
Page 5 of 7
(6) In lieu of the plat bond, a cash bond, a certified check an irrevocable
letter of credit or other surety approved by the City Attorney, equal to the
cost of improvement multiplied by 125 percent may be posted. In addition
the City may require securitv up to two years against any defect in
workmanship or materials in the installation of the improvements
The city of Kennewick specifies required subdivision improvements in section
17.13.095 of the Kennewick Municipal Code (KMC) and designates the Public
Works Director to administer improvement requirements; The City of Richland
lists improvement standards in Richland Municipal Code (RMC) 24.20 and
designates the city engineer as the improvements code administrator/ enforcer.
Staff recommends the changes be made as per the attached proposed ordinance.
Preliminary Findings
1. The purpose of a short plat is to provide an administrative
method of land subdivision allowing the creation of nine or
fewer lots.
2. The intent of Titles 25 and 26 is to promote orderly and efficient
community growth within the requirements of Revised Code of
Washington (RCW) 58.17.035.
3. Vague wording in the City Code concerning the dedication of
and required improvements in rights-of-way provides
uncertainty in the short -platting process.
4. The PMC specifies the location of structures, such as fences,
homes, and outbuildings with reference to property lines.
5. Property lines often enter into existing road travel lanes, due to
lack of standardized subdivision regulations in annexed areas.
6. A structure such as a fence could be approved for placement in
the center of a road if following the letter of the Pasco Municipal
Code.
7. City Resolution 1372 Section 2(1) dated September 15, 1980
allows the City to withhold building permits until sufficient and
appropriate rights-of-way consistent with current City
standards, are dedicated for the required ... streets which are
deemed necessary by the City for the proper circulation of
traffic;"
8. PMC 26.04.110 could be interpreted to mean that each and
every dedication of right-of-way must pass through the city
Council for confirmation, even though in some cases roadways
have been in use for decades.
9. Local surveyors have requested the City eliminate the
requirement of listing the names of adjoining landowners for
the following reasons:
i. It is irrelevant to a short plat;
ii. It is subject to frequent change and therefore not
Page 6 of 7
appropriate for a survey that becomes part of the
permeant county record
10. PMC 26.36 is vague about the following:
i. who determines ROW improvements,
ii. what improvements are required, and
iii. when those improvements need to occur.
Staff recommends the changes to the Pasco Municipal Code be made to address
each of the above concerns as per the attached proposed ordinance.
RECOMMENDATION:
MOTION: I move to close the public hearing and schedule deliberations, the
adoption of findings of fact, and development of a recommendation for City
Council for the January 17, 2019 meeting.
Page 7 of 7
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ORDINANCE NO.
AN ORDINANCE AMENDING PMC TITLE 26 REGARDING THE
DEDICATION OF PUBLIC RIGHTS-OF-WAY
WHEREAS, cities have the responsibility to regulate and control physical
development within their borders and to ensure public health, safety and welfare
are maintained; and,
WHEREAS, the purpose of Title 26.04 includes regulating the division of
land within the Pasco Urban Area, promoting the health, safety, convenience,
comfort, prosperity and general welfare of the present and future inhabitants of
the Pasco Urban Area; reducing congestion and promoting safe and convenient
travel by the public on streets and highways; promoting the effective use of land;
providing for proper ingress and egress; and implementing the goals, objectives
and policies of the Pasco Comprehensive Plan; and
WHEREAS, RCW 35.21.100 grants cities the right to accept "property
donated, devised, or bequeathed to it . . . [and to] expend or use it for any
municipal purpose;" and
WHEREAS, RCW 35.21.880 allows, but does not require cities to "credit
donations of right-of-way in excess of that required for traffic improvement
against ... landscaping, parking, or other requirements;" and
WHEREAS, City resolution 1372 Section 2(1) dated September 15, 1980
states in part "City approval of ... building permit applications, will not be given
until sufficient and appropriate rights-of-way consistent with current City
standards, are dedicated for the required ... streets which are deemed necessary
by the City for the proper circulation of traffic;" and,
WHEREAS, the City of Pasco contains numerous private parcels which do
not contain sufficient and appropriate dedicated rights-of-way; and
WHEREAS, some City of Pasco Municipal Code provisions, such as the
placement of fences and other structures, are based on the assumption of
existing sufficient and appropriate rights-of-way; and
WHEREAS, the City of Pasco is required to follow rule of law when issuing
construction permits; and
WHEREAS, the regulations must be driven by conformance with state and
local law that protect public interest, health and safety; and,
WHEREAS, in order to provide for the health, safety, and welfare of the
community by regulating the dedication of public rights-of-way the City Council
hereby approves the recommendation of the Planning Commission to amend the
City of Pasco Municipal Code; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
Section 1. That Pasco Municipal code 26.04.110 shall be amended as
follows:
26.04.040 EXCEPTIONS. The provisions of this Title shall not apply to:
1) Cemeteries and other burial plots while used for that purpose;
2) Division of land not containing a dedication, in which the smallest lot
created by the division exceeds five acres in area;
3) Divisions made by testamentary provisions of the laws of descent;
4) Any division of land for the purpose of adjusting the boundary lines
between platted or unplatted lots or both, which does not create any new or
additional lot, tract, site or division, which contains insufficient area and
dimension to meet minimum requirements for a building site.
5 The dedication of sufficient and appropriate public street richt-of-wav
where the property line is located within 30 feet of the centerline of a clearly
recognized and existing local access or collector public street; or within 40 feet
of the centerline of a clearly recognized and existing primary or secondary arterial
street: or within 50 feet of the centerline of a clearly recognized and existing
primary arterial street containing a landscape median.
26.04.110 DEDICATION PROCESS. The dedication of easements, rights-
of-way, parks and open space shall be accomplished by either submitting an
individual document or by submitting a binding site plan, short plat or final plat
for approval showing the dedication thereon. Acceptance by the City shall be
identified by approval signatures on the documents listed above. Dedication of
land may also be made to the City by the submitter of a signed dedication
document containing a complete and accurate legal description of the property
to be dedicated. Following acceptance of the dedication of rights-of-way via
individual document, binding site plan, short plat, final plat or other
administrative process document by the City Manager or her/his appointee or
in the case of preliminary plats or other quasi-iudicial processes, acceptance of
dedication by a majority affirmative vote of the City Council the dedication
document shall be recorded in the office of the Franklin County Auditor.
Section 2. That Pasco Municipal code 26.36.070 shall be amended as
follows:
26.36.070 APPLICATION - CONTENT. Applications for approval of short plats
shall contain:
(1) Six copies of a sketch (at a scale of one (1) inch to one hundred (100)
feet) of the entire contiguous tract owned by the applicant subdivider, in a paper
format of eighteen (18) inches x twenty-four (24) inches with two inch margins
which shall show:
(a) The owners of adjaeent land and names of any adjacent
subdivision;
(b) A vicinity map;
(c) Lines marking the boundaries of proposed lots, square
footages of the proposed lots and number of each lot;
(d) Approximate locations of existing roads, cul-de-sacs, alleys
and ways or easements for such roads, and rights-of-way within and
adjacent to the tract;
(e) Location, dimensions and usage designations for all proposed
and existing easements of record;
(f) Proposed source of water supply and method of sewage
disposal for each lot;
tract;
(g) The legal description and parcel number of the said tract and
(h) The name and address of the owner or owners of the said
(i) A completed Environmental Checklist form;
0) Land Surveyor Certificate;
(k) Signatures of all recorded property owners agreeing to the
division of property;
(1) A utility easement and improvement statement shall be shown
on the face of the short plat in a manner prescribed by the appropriate
utility provider;
(m) The signature block shall include the following:
(i) City Engineer.
(ii) Cit s Community and Economic Development
Director.
(iii) County Auditor.
(iv) Franklin County Public Utility District or other utility
district.
(v) Irrigation District (when applicable).
Section 3. That Pasco Municipal code 26.36.080 shall be amended as
follows:
26.36.080 ADMINISTRATIVE DUTIES. The Cit. P4ea4ne Community and
Economic Development Director or designee, is vested with the duty of
administrating the provisions of this chapter.
(1) An application for short plat approval shall be approved, approved
with conditions, returned to the applicant for modifications or denied within
thirty (30) days of its receipt by the Cit. Planne Community and Economic
Development Director or designee unless the applicant agrees, in writing, to an
extension of this period. The ^its Community and Economic
Development Director or designee shall not be considered to be in receipt of an
application for short plat approval unless and until such time as the application
meets the requirements of Section 26.36.040, 26.36.050, 26.36.060 and
26.36.070, as determined by the City P4anne Community and Economic
Development Director or designee. (Ord. 3758 Sec. 1, 2006).
(2) Upon receiving a complete application for short plat approval, the
City D er- Community and Economic Development Director or designee shall
transmit a copy of the short plat, together with copies of any accompanying
documents as the City D��e Community and Economic Development Director
or designee deems appropriate, to the following:
(a) City Engineer, who shall review the proposed short plat with
regard to its conformance to the general purposes of adopted traffic and
utility plans, adequate provisions for storm drainage, streets, alleys, other
public ways, parks and playgrounds, schools and school grounds,
sidewalks and other planning features that assure safe walking conditions
for students, water and sanitary sewer, and conformance to any applicable
improvement standards and specifications;
(b) Fire Chief, who shall review the proposed short plat with
regard to adequate provisions for emergency access;
(c) All property owners within 300 feet of the proposed short plat;
(d) Any other City department, utility provider, school district or
other public or private entity as the City P4anae Community and
Economic Development Director or designee deems appropriate. (Ord.
3758 Sec. 1, 2006).
(3) In transmitting the proposed short plat to the parties referenced
above, the Gity Manne Community and Economic Development Director or
designee shall solicit their comments and recommendations, and note the date
by which comments and recommendations must be received by the Community
and Economic Development Director or designee in order to be considered.
Comments from property owners must be received by the G:t. Planne
Community and Economic Development Director or designee in writing within
10 days of the date of the notice in order to be considered. City Planner- The
Community and Economic Development Director or designee shall respond in
writing to any property owner comments received within 5 working days of
receipt of the comments. The respondent shall then have 7 days to file an appeal
with the Community and Economic Development Director. Any comments
received within the 10 day notice period shall be incorporated into the formal
findings which will form the basis of the City De Community and Economic
Development Director or designee's decision on the short plat. If no comments
are received from any of the parties referenced above, the r:t.e -
Community and Economic Development Director or designee shall make such
findings as he/she reasonably deems appropriate. However, in every case a
proposed short plat shall contain a statement of approval from the City Engineer,
as to the survey data, the layout of streets, alleys and other rights-of-way, design
of sewer and water systems and other infrastructure. The City Planner shall not
approve a shei4 plat, The short plat shall not be approved, which does not
contain a statement signed by the City Engineer. (Ord. 3758 Sec 1, 2006; Ord.
3398 Sec. 2, 1999.)
Section 4. That Pasco Municipal code 26.36.090 shall be amended as
follows:
26.36.090 ADMINISTRATIVE DETERMINATIONS. The City - D
Community and Economic Development Director or designee shall, after
conferring with appropriate officials, determine whether:
(1) Adequate provisions are made for the public health, safety and
general welfare and for open spaces, drainage ways, streets, alleys, other public
ways, water supplies, sanitary wastes, parks, playgrounds, transit stops, schools
and schools grounds, sidewalks and other planning features that assure safe
walking conditions for students;
(2) The proposed short plat contributes to the orderly development and
land use patterns in the area;
(3) The proposed short plat conforms to the policies, maps and
narrative text of the comprehensive plan;
(4) The proposed short plat conforms to the general purposes of
applicable policies or regulations adopted by the City Council;
(5) The proposed short plat conforms to the general purposes of this
title;
(6) The public use and interest will be served by permitting the proposed
division of the land. (Ord. 3398 Sec. 2, 1999.)
Section 5. That a new section of Pasco Municipal code titled 26.36.095
shall be added as follows:
26.36.095 CONSTRUCTION OF IMPROVEMENTS REQUIRED. The City
Engineer shall determine whether:
(1) Public rights-of-way must be improved and utilities installed to the
minimum requirements of this code and City Standards.
(2) Required infrastructure improvements must be substantially
completed as approved by the Citv Engineer. Minor improvements consisting
only of sidewalks and landscaping where applicable, or similar improvements,
may be secured by a plat bond.
(3) In lieu of completion of these minor improvements, prior to
recording of the short plat, a plat bond issued by a licensed corporate surety or
two individual sureties or other approved surety must be provided, to the full
amount of the cost of such work, as estimated by the City Engineer, including
construction inspection costs, but in no case less than $2,000.00
(4) All or a portion of security will be released upon acceptance of
(5) If, after two years, all improvements are not so improved, the
City will cause the improvements to be provided in accord with the approved
plans, and the costs thereof must be paid by the bonding company, or out of the
savings account assignment or other security.
(6) In lieu of the plat bond, a cash bond, a certified check, an irrevocable
letter of credit, or other surety approved by the City Attorney, equal to the cost
of improvement multiplied by 125 percent may be posted. In addition, the City
may require security up to two years against any defect in workmanship or
materials in the installation of the improvements
Section 6. That Pasco Municipal code 26.36.100 shall be amended as
follows:
26.36. 100 APPROVAL AND FILING.
(1) If the City Planner- determines that the . foregoing requirements are met,
he/she shall approve the short plat will be approved and transmitted and shall
t. e.gsmit the appreved u.. lar- dr -,.win to the applicant. Once approved the short
plat will be returned to the applicant for recording with the County Auditor.
(2) The applicant must provide the City- Die Community and
Economic Development Director or designee one (1) paper copy of the recorded
document and the County Assessor one (1) paper copy of the recorded document
before the short subdivision becomes valid;
(3) When a short plat is created in a digital format the applicant shall
also provide the City n',,n e- with one copy of the short plat in a digital format
as specified by the City Engineer and shall provide the County Assessor one copy
of the short plat in a digital format as specified by the County Assessor. (Ord.
3398 Sec. 2, 1999.)
Section 7. This ordinance shall be in full force and effect five days after
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 2018.
Matt Watkins
Mayor
ATTEST:
Daniela Erickson
City Clerk
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
MEMORANDUM
TO: Pasco Planning Commission
FROM: Rick White, Director
Community & Economic Development
DATE: December 20, 2018
SUBJECT: Hearing Examiner Consideration on Land Use Permits and Other Matters
Cities in Washington State have statutory authority to establish a hearing examiner system for land
use permits and other matters. Under a hearing examiner system for land use permits, a
municipality contracts with an examiner to conduct open record and quasi-judicial hearings in
place of the Planning Commission. City Council has discretion in establishing how the hearing
examiner system operates and has indicated that the hearing examiner should be rendering final
decisions on several land use processes.
In recent years, municipalities have trended towards establishing a hearing examiner system for
land use permits, as the permit process has become increasingly complicated from a legal and
procedural standpoint. The hearing examiner system is considered superior to appointed or
legislative bodies making recommended and final land use decisions from a liability perspective.
Our neighboring cities of Kennewick, Richland and Walla Walla use the hearing examiner system
for a variety of recommended and final land use decisions.
The existing Pasco Municipal Code already contains roles for a hearing examiner. Currently, PMC
Chapter 2.19 prescribes the appointment of a hearing examiner, the examiner's qualifications, the
rules for an examiner and a description of the powers of the examiner. These powers include the
ability of a hearing examiner to hear and decide:
• Variances, review of administrative actions, waiver of violations, extension on use
of borders of zoning districts and administrative exceptions;
• Appeals of administrative decisions;
• SEPA appeals;
• Vehicle impounds; and,
• Appeals of decisions of the Poundmaster and Business license revocations, appeals
and reinstatement.
The basic purpose of having a hearing examiner is to have a professionally trained individual
with expertise in land use law, usually an attorney, make objective recommendations and quasi-
judicial decisions that are supported by an adequate record and that are free from popular
emotion or political influences.
Using a hearing examiner system could allow the City Council and Planning Commission to
better concentrate on policymaking. It can also reduce the City's liability exposure through more
consistent and legally sustainable quasi-judicial decisions.
Staff is proposing that the hearing examiner conduct hearings and render final decisions on quasi-
judicial land use permits and applications which include special/conditional use permits and
preliminary plats. This would reserve for the City Councils legislative issues (Comprehensive
Plan amendments, rezones, code amendments...) and the Planning Commission advisory roles
relating to:
• Comprehensive Plan development and review;
• Master Plans/special planning projects or design standard developments;
• Shoreline Management Plan development and review;
• Rezone requests;
• Annexation Zoning;
• Development Agreements;
• Code Amendments; and
• Block Grant and HOME Advisory Committee recommendations.
The proposed PMC revisions to Titles 2, 25 and 26 provide for final hearing examiner decisions
on existing duties and on the added duties of special/conditional use permits and preliminary
plats.
Staff recommends that the Planning Commission conduct the hearing for the three proposed
ordinances and approve the following motion:
MOTION: I move the Planning Commission close the hearing on the revisions to Titles 2, 25
and 26 and recommend their approval by City Council.
If the Commission needs additional time for deliberations, then the following motion is
recommended:
MOTION: I move the Planning Commission close the hearing on the revisions to Titles 2, 25
and 26 and schedule deliberations and a recommendation to City Council for the January 17,
2019 Planning Commission meeting.
ORDINANCE NO.
AN ORDINANCE relating to the hearing examiner amending PMC
Title 2 "Administration and Personnel'.
WHEREAS, cities have the responsibility to regulate and control the physical development
within their borders and to ensure public health, safety and welfare are maintained; and
WHEREAS, the City of Pasco has zoning regulations that encourage orderly growth and
development; and
WHEREAS, over time, regulations and case law have evolved to produce a complicated
administration process related to Title; and
WHEREAS, use of politically appointed or elected officials administering land use law has
become prone to liability and complicated land use and project approval decisions; and
WHEREAS, use of a hearing examiner system has proven to be an advantageous revision to
municipalities in the area of land use regulations; and
WHEREAS, a hearing examiner is a specifically trained individual that is experienced in the
knowledge and application of land use law and project permitting; and
WHEREAS, use of a hearing examiner system can reduce the liability exposure of the City
and increase the resources that the City Council and Planning Commission can concentrate on policy
decisions; 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 2 to establish increase decision authority for the hearing examiner, NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1. The following section of Chapter 2.19 entitled "Hearing Examiner" of the
Pasco Municipal Code shall be and hereby is amended and shall read as follows:
2.19.010 PURPOSE. The purpose of this Chapter is to establish a hearing examiner system
for the application of land use regulatory controls, appeal of administrative determinations and
decisions and including those administrative decisions and determinations made pursuant to Chapter
43.21C RCW (SEPA), animal code appeals, vehicle and personal property forfeiture hearings,
vehicle impoundment hearings, and such other determinations and appeals as be required by the City
and permitted by law. This system is adopted to:
A) Insure procedural due process and appearance of fairness in administrative and
regulatory hearings.
Page 1 0f5
B) Provide an efficient and effective decision making and appellate system which
integrates the public hearing and decision-making process.
2.19.020 CREATION OF HEARING EXAMINER. The office of Pasco Hearing
Examiner, hereinafter referred to as "examiner" is hereby created. The examiner or examiners shall
interpret, review, and render decisions on land use regulations, conduct hearings thereon; hear and
determine appeals of administrative decisions and determinations, including appeals of
administrative decisions or determinations pursuant to 43.21C RCW (SEPA); animal code appeals,
vehicle and personal property forfeiture hearings, vehicle impoundment hearings, and such other
determinations and appeals as be required by the City and permitted by law, or imposed by other
ordinances of the City of Pasco.
2.19.030 APPOINTMENT AND TERMS. The City Manager may appoint one or more
examiners for renewable terms of one (1) year; however, said appointment may be terminated by
either party upon sixty (60) days advanced notice. Such appointments may be made by professional
service contract. Examiners may also be contracted to serve on an as -needed basis.
2.19.040 QUALIFICATIONS. Examiners shall be appointed solely with regard to their
qualifications for the duties of their office and will have such training and experience as will qualify
them to conduct administrative or quasi-judicial hearings on regulatory enactments and to discharge
the other functions conferred upon them. Examiners shall hold no other elective or appointed office
or position in the City of Pasco.
2.19.050 FREEDOM FROM IMPROPER INFLUENCE. No person shall attempt to
influence an examiner in any manner pending before him/her except publicly at a public hearing duly
called for such purpose, or to interfere with an examiner in the performance of his/her duties in any
other way; PROVIDED, that this Section shall not prohibit the City Attorney from rendering legal
services to the examiner.
2.19.060 CONFLICT OF INTEREST. No examiner shall conduct or participate in any
open record hearing, decision or recommendation in which the examiner has a direct or indirect
substantial financial or family interest, or concern in which the examiner has had substantial
prehearing contacts with proponents or opponents wherein the issues were discussed. This is not
intended to prohibit necessary or proper inquiries on matters such as scheduling, but any such
contacts are to be entered into the official record of the hearing. Whenever possible, such inquiries
and the responses to such inquiries shall be in writing.
2.19.070 RULES. The examiner shall have the power to prescribe rules for the scheduling
and conduct of hearings and other procedural matters related to the duties of his office. Such rules
shall provide for rebuttal, and may authorize the examiner to limit the time allowed to parties
testifying on an equal basis, and time limits on rebutting. Any person desiring to question other
parties testifying at the hearing shall direct such questions to the examiner, who shall rule on whether
or not such questions are to be answered and who shall answer them.
2.19.080 POWERS. The examiner shall receive and examine available information,
conduct public hearings and prepare a record thereof, and enter decisions as provided for herein. The
examiner, subject to the appropriate conditions and safeguards as provided by the Pasco Municipal
Code, shall hear and decide:
Page 2 of 5
A) Land use decisions including preliminary plats, special and conditional use permits,
planned density developments, recreational vehicle parks, wineries, variances, review of
administrative actions, waiver of violations, extension of use on border of district, and administrative
exceptions as provided in PMC 25.84.020.
B) Administrative Decisions. Appeals of administrative decisions or determinations
may be heard by the examiner as directed by the City Manager, City Council or by Ordinance.
C) SEPA Appeals. Appeals of administrative decisions and determinations made pursuant to
Chapter 43.21C RCW may be heard by the examiner.
D) Vehicle Impounds. The examiner shall conduct vehicle impound hearings as provided in
PMC Chapter 10.18.
E) Criminal Seizure and Forfeiture Hearings. The examiner may, as designee of the Chief
Law Enforcement Officer of the City of Pasco, conduct seizure and forfeiture hearings as provided in
RCW 10.105.010.
F) Animal Code - - Wild, Potentially Dangerous or Dangerous Animals. The examiner shall
hear the appeal of any owner of an animal determined by the Poundmaster to be a dangerous or
potentially dangerous animal as provided in Chapter 8.02 of the Pasco Municipal Code.
G) Hear revocations, appeals, and requests for reinstatement of business license under Title 5
PMC.
H) Other Powers. In the performance of duties prescribed by this Chapter or other
ordinances, examiners may:
1) Administer oaths and affirmations, examine witnesses, rule upon offers of
proof, receive relevant evidence, and conduct discovery procedures which may include
propounding interrogatories and taking oral depositions pursuant to Washington State Court
Rules; PROVIDED, that no person shall be compelled to divulge information which he could
not be compelled to divulge in a court of law.
2) Upon the request of any other party, or upon his own volition, issue, and
cause to be served subpoenas to the attendance of witnesses and for production of
examination of any books, records, or other information in the possession or under the
control of any witness; PROVIDED, that such subpoenas shall state the name and address of
the witness sought, and if for production of books, documents or things, shall specifically
identify the same and the relevance thereof to the issues involved.
3) Regulate the course of the hearing in accordance with this and other
applicable ordinances.
4) Hold conferences for the settlement or simplification of the issues by consent
of the parties.
5) Dispose of procedural requests or similar matters.
6) Take any other action authorized by ordinance. In case of failure or refusal
without lawful excuse of any person duly subpoenaed to attend pursuant to said subpoena, or
to be swom, or to answer any material and proper question, or to produce upon reasonable
notice any material of proper books or records or other information in his possession and
under his control, the examiner may invoke the aid of the City Attorney who shall apply to
the appropriate court for an order or other court action necessary to secure enforcement of the
subpoena.
7) The examiner is hereby empowered to act in lieu of the Board of Adjustment,
and such officials, boards or commissions as may be assigned. Wherever existing
ordinances, codes or policies authorize or direct the Board of Adjustment, or other officials,
boards or commissions to undertake certain activities which the examiner has been assigned,
such ordinances, codes or policies shall be construed to refer to the examiner. (Ord. 4347,
2017.)
Page 3 of 5
2.19.090 PUBLIC HEARING. Prior to rendering a decision, the examiner shall hold an
open record public hearing thereon with proper notice according to the procedures for hearing
notification as prescribed.
Such notice shall include an invitation to any interested parties to submit information in
writing in advance of the hearing if unable to be present at the hearing, and an invitation to review
any information submitted during the seven (7) days preceding the hearing. The examiner presiding
at the hearing shall admit and give probative affect to evidence which possesses probative value
commonly accepted by reasonably prudent men in the conduct of their affairs and shall give affect to
the rules of privilege recognized by law. All evidence including records and documents in the
possession of the City which the examiner desires to consider shall be offered and made a part of the
record. After all interested parties have had an opportunity to speak, in accordance with the
examiner's rules for conducting a hearing, the examiner shall either close the hearing, continue the
hearing to a specified date, or invite additional testimony restricted only to issues which, in the
opinion of the examiner, there is need for additional testimony, and thereafter the hearing shall be
closed or continued to a specified date. A continuing hearing to a specified date may be restricted to
testimony or evidence on specific aspects of the case. No additional information may be submitted
after the close of the hearing, unless, in the opinion of the examiner, additional opportunity for
testimony is warranted. In such case, the hearing may be re -opened upon seven (7) days written
notice to all parties who participated at the first hearing.
Once legal notice has been given, no matter shall be postponed over the objection of any
interested party, except for good cause shown. Continuances may be granted at the discretion of the
examiner: PROVIDED, interested parties in attendance shall be given an opportunity to testify prior
to the continuance. The applicant shall be given opportunity to testify prior to the continuance. The
applicant shall pay an amount equal to one-half (1/2) the original application fee for any hearing
postponed or continued by request of the applicants after legal notice has been given: PROVIDED,
that this requirement shall not apply where the request is based upon new information presented at
the hearing.
2.19.100 EXAMINER'S DECISION. The examiner shall render a written decision within
ten (10) working days of the conclusion of a hearing, unless a longer period is agreed to in writing by
the applicant. The decision shall include at least the following:
A) Findings of Fact and Conclusions of Law based upon and supported by the record.
B) A decision and/or order based upon the findings granting, conditionally granting, or
denying the relief requested.
C) A statement that the decision will become final in twenty-one (21) calendar days
unless appealed to the Franklin County Superior Court, together with a description of the appeal
procedure.
2.19.110 NOTICE OF EXAMINER'S DECISION. Not later than three (3) working days
following the rendering of a written decision, copies thereof shall be mailed to the applicant and to
the other parties of record in the case. "Parties of record" shall include the applicant and all other
persons who specifically request notice of decision by signing a register provided for such purpose at
the public hearing, or otherwise provide written request for such notice.
2.19.120 APPEAL FROM EXAMINER'S DECISION. Except for impound hearing
decisions provided in PMC 10.18.045, where appeals shall be to the Pasco Municipal Court, all other
Page 4 of 5
decisions of the hearing examiner shall be final and conclusive unless a timely appeal thereof is filed
with the Superior Court of Franklin County by an aggrieved party within twenty-one (21) calendar
days from the date of issuance of the decision in the manner required by law.
Section 2. This ordinance shall take full force and effect five (5) days after its approval,
passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as provided by
law this day of 2018.
Matt Watkins, Mayor
ATTEST:
APPROVED AS TO FORM:
Daniela Erickson, City Clerk Leland B. Kerr, City Attorney
Page 5 of5
ORDINANCE NO.
AN ORDINANCE relating to land use and zoning amending PMC
Title 25 "Zoning".
WHEREAS, cities have the responsibility to regulate and control the physical development
within their borders and to ensure public health, safety and welfare are maintained; and
WHEREAS, the City of Pasco has zoning regulations that encourage orderly growth and
development; and
WHEREAS, over time, regulations and case law have evolved to produce a complicated
administration process related to Title; and
WHEREAS, use of politically appointed or elected officials administering land use law has
become prone to liability and complicated land use and project approval decisions; and
WHEREAS, use of a hearing examiner system has proven to be an advantageous revision to
municipalities in the area of land use regulations; and
WHEREAS, a hearing examiner is a specifically trained individual that is experienced in the
knowledge and application of land use law and project permitting; and
WHEREAS, use of a hearing examiner system can reduce the liability exposure of the City
and increase the resources that the City Council and Planning Commission can concentrate on policy
decisions; 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 to establish increase decision authority for the hearing examiner, NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1. The following section of Chapter 25.64 entitled "Planned Density
Development' of the Pasco Municipal Code shall be and hereby is amended and shall read as
follows:
25.64.080 PROCEDURE. (1) Any property owner or property owners may petition by
application for a planned density development designation. There shall be filed with the application
a Title report showing an existing interest in the property by the applicant. Said Title report shall
also include the names and addresses of all property owners within three hundred feet of the exterior
boundaries of the subject property;
(2) The petition shall be presented to the City Plaming Commission Hearing Examiner
who shall after public hearing make their re,.,....inendati n to the City Coune:, decision in writing as
to whether the planned density development shall be approved, modified or denied. All planned
density developments shall be platted in accordance with Chapter 21, Plats and Subdivisions, of the
Pasco Municipal Code;
Page 1 of 8
The Cit. !`otme:l may, vAe« feeeiving the a e..a„tion of the Dleffilin.
Commission, designate by or-Elinance the «l.,««oa aeasily development and shall require •a
designation to be entered on the « elimin plat; and
(3) If the preliminary plat is not given final approval within five years from the date of
the public hearing at which approval was granted, the plat shall become invalid and approval for the
planned density development shall expired. (Ord. 3354 Sec. 2, 1999.)
Section 2. The following section of Chapter 25.69 entitled "Recreational Vehicle Parks"
of the Pasco Municipal Code shall be and hereby is amended and shall read as follows:
25.69.100 RECREATIONAL VEHICLE PARK APPLICATION PROCEDURE.
(1) The applicant shall make application at least thirty (30) calendar days prior to the
Planning Gofwnission meeting open record hearing at which action is desired; on fefffis pr-evided by
the Naming ntr.,.e_.
(2) The application shall include a$390 fee as established in Title 3, be accompanied by
an Environmental Checklist with associated fee, and a report from a Title insurance company
showing ownership of the property involved And ^ list of the nafnes and add fesse„ of all awne... er
1300) ret of the .._,.posed development;
1....p...y ................. ............. �.. ..� ..... .,....... proposed
(3) The application shall further be accompanied by twenty (20) copies of a site plan
which shall be drawn at a scale of not less than one hundred (100) feet to the inch, and shall be clear
and precise. If necessary, the site plan can consist of more than one (1) drawing. The site plan shall
contain, but not necessarily be limited to, the following:
(a) Name of the owner and operator, with address and phone numbers; and the
name of the proposed recreational vehicle park.
(b) Legal description of the subject tract of land.
(c) Name, address and phone number of the person or firm preparing the site
plan.
(d) Scale of the drawing and north arrow.
(e) The area and dimensions of the tract of land.
(f) The number, size and location of all recreational vehicle spaces.
(g) The number, location and size of all off-street parking spaces.
(h) The location and width of all streets and walkways.
(i) The location of service buildings, management offices, sanitary stations,
recreation areas, and any other proposed facilities or structures.
0) Location of all utility easements.
(k) Specifications of the water supply, sewage disposal, electrical supply, and
refuse collection systems.
(1) Drainage plan (may be submitted on a separate drawing).
(m) Landscaping plan (may be submitted on a separate drawing).
(n) Topography at an appropriate contour interval unless specifically waived by
the City Engineer.
C�7 A vieinity inap indioating the ...,mem and Issati.ons of all e.. within Fit ae-ast'
:le radius of the subjeet area.
(o) Signage.
(p) Fencing and screening.
(4) Special Permit Review. Once a complete application has been received by the City,
the Planning Office will schedule a hearing before the hearing examiner The
application will then continue through the standard special permit process until a special permit is
approved or denied. (Ord. 3354 Sec. 2, 1999.)
Page 2 of 8
Section 3. The following section of Chapter 25.70 entitled "Use Regulations" of the
Pasco Municipal Code shall be and hereby is amended and shall read as follows:
25.70.160 WINERIES. The following standards must be met or exceeded:
(1) Outdoor Storage. Outdoor storage of any kind, except wine storage, is prohibited
unless such storage is completely screened from public view by an opaque screening device.
Screening visible from public rights-of-way and less intense zoning districts shall be constructed of
brick, decorative concrete, natural stone, decorative masonry or cedar fencing material. Screening
shall be constructed and maintained at a sufficient height to visually screen all stored materials;
(2) Utilitarian Areas. All areas of the property used for loading and unloading purposes,
trash receptacles, transformers and utility purposes shall be visually screened as provided in Section
(1) above;
(3) Landscape and Buffering. In addition to the landscape provisions of Chapter 25.75,
the Planning Gofnmission hearing examiner may require additional landscape features to ensure the
proposed winery will be in harmony with and not impair the value of present and future development
of adjacent lands. The spacing of shade trees in all buffer areas shall not be greater than thirty linear
feet. Buffer area trees shall be a caliper size of one and one-half inch at the planting;
(4) Exterior Lighting. Exterior lighting shall be directed on site so as not to interfere
with the comfort and repose of adjoining property owners; and
(5) Building Design. The exterior of all structures shall be constructed of brick, natural
stone, exposed aggregate, decorative concrete, stucco, cedar siding or lap siding as approved by the
Planning Commission. Roofing materials may consist of composition shingles, standing rib or delta
rib baked enamel metal roofs, or alternate as approved by the Planning Commission. (Ord. 3354 Sec.
2, 1999.)
Section 4. The following section of Chapter 25.84 entitled "Land Use Hearings by
Examiner" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows:
25.84.020 LAND USE DECISION AUTHORITY. The hearing examiner shall receive
and examine available information, conduct public hearings, and prepare a record thereof, and enter
findings of fact, conclusions and a decision as provided for herein. The hearing examiner shall hear
and decide the following land use decisions:
A) Land use decisions described in Section 2.19.080 Speeial and Conditional Uses;
D..eli...1..aFy D1
Plats; ....«ed Unit Plats; it DLte
B) Variances. Applications for variances from the terms of this Title; PROVIDED, that
any variance granted shall be subject to such conditions as will assure that the adjustment thereby
authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other
properties in the vicinity and zoning which the subject property is situated, and that the following
circumstances are found to apply:
1) Because of special circumstances applicable to the subject property, including
size, shape, topography, location of surroundings, the strict application of the zoning
ordinance is found to deprive subject property of rights and privileges enjoyed by other
properties in the vicinity and under identical zone classification.
2) That the granting of the variance will not be materially detrimental to the
public welfare or injurious to the property or improvements in the vicinity and zone in which
the subject property is situated.
Page 3 of 8
3) The special circumstances applicable to the subject property were not created
through the action(s) of the applicant or any predecessor in interest.
C) Review - Administrative Action. Appeals may be heard by the examiner, where it is
alleged by the applicant that there is error in any order, requirement, permit, decision or
determination made by the City Planner in the administration or enforcement of this Title. Where the
street or lot lay out actually on the ground, or as recorded, are different from the street and lot lines as
shown on the zoning map, the examiner, after notice to the owners of the property, and after public
hearings, shall interpret the map in such a way as to carry out the intent and purposes of this Title. In
case of any questions as to the location of any boundary line between zoning districts, a request for
interpretation of the zoning map may be made to the examiner, and a determination shall be made by
the examiner.
D) Waiver of Violations. Recognizing the fact that a building may be erected in good
faith with every intent to comply with the provisions of this Title in respect to the location of the
building upon the lot and the size and location of required yards, and that it may later be determined
that such building does not comply in every detail with such requirements, although not violating the
spirit or intent of the zoning ordinance, the examiner may issue a waiver of violation subject to such
conditions as will safeguard the public health, safety, convenience and general welfare.
E) Extension of Use on Border of District. The examiner may hear and approve the
extension of a use or building into a more restricted zone classification immediately adjacent thereto,
but not more than thirty (30) feet beyond the dividing line of the two (2) zone classifications, and
under such conditions as will safeguard development in the more restricted district.
F) Administrative Exceptions. An administrative exception not to exceed one (1) foot of
any dimensional standard pertinent to front yard, side yard, rear yard, flanking street, and building
line may be granted by administrative action of the examiner without public hearing and without
posting or public notices.
25.84.030 LAND USE APPLICATION. Applications for permits or approvals within the
jurisdiction of the hearing examiner shall be presented to the office of the Planning Division. The
Civ' Pla lime- shall acee.... ueh ..,...r.eations only is application shall be accepted only if applicable
filing requirements are met. The r':. Planne Planning Division shall be responsible for assigning a
date for and assuring due notice of public hearing for each application, which date and notice shall be
in accordance with the statute or ordinance governing the application.
25.84.040 REPORT OF COMMUNITY DEVELOPMENT DEPARTMENT FOR
LAND USE APPLICATION. For any land use issue coming before the examiner, the Department
of Community Development shall coordinate and assemble the reviews of other City Departments,
governmental agencies, and other interested parties and shall prepare a report summarizing the
factors involved and the department's finding and recommendations. At least seven (7) calendar days
prior to the scheduled hearing, the report shall be filed with the examiner and copies thereof shall be
mailed to the applicant and made available for public inspection. Copies thereof shall be provided to
interested parties upon payment of reproduction costs. In the event that information to be provided
by the applicant or other parties outside of City control has not been provided in sufficient time for
filing seven (7) days in advance of the hearing, the Gawnunity Development DepaFtfnent Planning
Division may reschedule the hearing and notify interested parties. (Ord 3765 Sec. 4, 2006)
Section 5. The following section of Chapter 25.86 entitled "Special Permits" of the
Pasco Municipal Code shall be and hereby is amended and shall read as follows:
Page 4 of 8
25.86.050 PUBLIC HEARING REQUIRED. Upon the filing of a complete application
for a special permit, the application shall be scheduled for an open record pre deeisien hearing before
the hearing examiner. Notice of such open record hearing shall be given as
provided for in Section 25.88.040. Except that in the case of commercial agricultural uses, the
notification distance shall be increased to 1,000 feet. The open record hearing may be continued as
deemed necessary by the hearing examiner, provided the applicant consents to
any such continuance. In the event the applicant does not consent to a continuance, the Planning
Commission hearing examiner shall close the public hearing and render a decision resefffinendaties
to the City CCouneii in accordance with the provisions of Sections 25.86.060 and 2.19.100 25.86.070.
(Ord. 3354 Sec. 2, 1999.)
25.86.060 FINDINGS OF FACT BY PLANNING COMMISSION HEARING
EXAMINER. Upon conclusion of the open record pre desisio hearing, the hearing examiner
Planning Commis shall make and enter findings from the record and conclusions thereof as to
whether or not:
(1) The proposal is in accordance with the goals, policies, objectives, maps and/or
narrative text of the Comprehensive Plan;
(2) The proposal will adversely affect public infrastructure;
(3) The proposal will be constructed, maintained and operated to be in harmony with the
existing or intended character of the general vicinity;
(4) The location and height of proposed structures and the site design will discourage the
development of permitted uses on property in the general vicinity or impair the value thereof,
(5) The operations in connection with the proposal will be more objectionable to nearby
properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the
operation of any permitted uses within the district; and
(6) The proposal will endanger the public health, or safety if located and developed
where proposed, or in any way will become a nuisance to uses permitted in the district. (Ord. 3354
Sec. 2, 1999.)
25.86.065 SUPPLEMENTAL FINDINGS OF FACT AND CONCLUSIONS BY
HEARING EXAMINER FOR SHOPS/GARAGES. In addition to
making and entering conclusions from the record for special permits based on the criteria in
25.86.060 the Plapmiag GeffffnissioR hearing examiner shall consider the following for special
permits dealing with increased heights and/or floor area for detached shops and garages:
(1) Will the shop/garage match the principle structure in design and exterior treatments
such as roofing materials, siding, color, window and door openings, eave overhangs, fenestrations
and other architectural features;
(2) Will the existing topography and elevation of the site and surrounding property
exacerbate or attenuate the height of the proposed shop/garage;
(3) Will the proposal include landscaping features or berms to ameliorate the height
and/or floor area of the shop/garage;
(4) Will the shop/garage be erected on the property utilizing minimum setbacks;
(5) Is the site larger than the minimum lot size requirement for the zoning district. (Ord.
4144, 2014; Ord. 4110, 2013.)
Page 5 of 8
25.86.120 EXTENSIONS. The Citi Couneil Planning Division may grant a one -rime
extension without a public hearing provided the extension does not exceed six months and an
application for extension is submitted to the City Dlanner no later than thirty days prior to the
expiration date of the special permit. This provision does not apply to temporary special permits.
(Ord. 4110, 2013; Ord. 3354 Sec. 2, 1999.)
25.86.130 REVOCATION OF PERMIT. Any special permit may be revoked by the C4ty
Eeunsil hearing examiner if, after a public hearing, notice of which shall be given in accordance with
Section 25.88.040, it is found that the conditions upon which the special permit was authorized have
not been fulfilled or if the use authorized has changed in size, scope, nature or intensity so as to
become a detriment to the surrounding area. The deeisio_ of the City Gatineil is fins' (Ord. 3354
Sec. 2, 1999.)
Section 6. The following section of Chapter 28.88 entitled "Notice Requirements' of
the Pasco Municipal Code shall be and hereby is amended and shall read as follows:
Page 6 of 8
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25.86.120 EXTENSIONS. The Citi Couneil Planning Division may grant a one -rime
extension without a public hearing provided the extension does not exceed six months and an
application for extension is submitted to the City Dlanner no later than thirty days prior to the
expiration date of the special permit. This provision does not apply to temporary special permits.
(Ord. 4110, 2013; Ord. 3354 Sec. 2, 1999.)
25.86.130 REVOCATION OF PERMIT. Any special permit may be revoked by the C4ty
Eeunsil hearing examiner if, after a public hearing, notice of which shall be given in accordance with
Section 25.88.040, it is found that the conditions upon which the special permit was authorized have
not been fulfilled or if the use authorized has changed in size, scope, nature or intensity so as to
become a detriment to the surrounding area. The deeisio_ of the City Gatineil is fins' (Ord. 3354
Sec. 2, 1999.)
Section 6. The following section of Chapter 28.88 entitled "Notice Requirements' of
the Pasco Municipal Code shall be and hereby is amended and shall read as follows:
Page 6 of 8
25.88.040 NOTICE REQUIREMENTS. At least4en fourteen days notice of time, place
and general purpose of any open record hearing required by this chapter shall be published in
a newspaper of general circulation in the City. In addition thereto, written notice of the
hearing shall be mailed to each property owner of record, within three hundred feet of the
boundaries of the area proposed to be changed or altered. Owners of record shall be
determined by a title company report not more than thirty calendar days preceding the date of
publication. Substantial compliance shall be deemed to be full and sufficient compliance.
(Ord. 3354 Sec. 2, 1999)
Section 7. This ordinance shall take full force and effect five (5) days after its approval,
passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as provided by
law this day of '12018.
Matt Watkins, Mayor
ATTEST:
APPROVED AS TO FORM:
Daniela Erickson, City Clerk Leland B. Kerr, City Attorney
Page 7 of 8
Page 8 of 8
ORDINANCE NO.
AN ORDINANCE relating to subdivision regulations amending
PMC Title 26 "Pasco Urban Area Subdivision Regulations".
WHEREAS, cities have the responsibility to regulate and control the physical development
within their borders and to ensure public health, safety and welfare are maintained; and
WHEREAS, the City of Pasco has zoning regulations that encourage orderly growth and
development; and
WHEREAS, over time, regulations and case law have evolved to produce a complicated
administration process related to Title; and
WHEREAS, use of politically appointed or elected officials administering land use law has
become prone to liability and complicated land use and project approval decisions; and
WHEREAS, use of a hearing examiner system has proven to be an advantageous revision to
municipalities in the area of land use regulations; and
WHEREAS, a hearing examiner is a specifically trained individual that is experienced in the
knowledge and application of land use law and project permitting; and
WHEREAS, use of a hearing examiner system can reduce the liability exposure of the City
and increase the resources that the City Council and Planning Commission can concentrate on policy
decisions; 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 26 to establish increase decision authority for the hearing examiner, NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1. The following section of Chapter 26.24 entitled "Preliminary Plat" of the
Pasco Municipal Code shall be and hereby is amended and shall read as follows:
26.24.050 PUBLIC HEARING REQUIRED. (1) Upon receipt of a fully completed
application for preliminary plat approval, a date shall be set for an open record pre deeisien hearing
before the hearing examiner P'afhainb Gan issia M theme ext regulaf meeting for which „dequR,�
neiiee ean be given.
(2) Any notice of public hearing required by this section shall include the hour and
location of the hearing and a description of the property to be subdivided. The description may be in
the form of either a vicinity location sketch or a written description other than a legal description.
(3) At a minimum, a notice of the ,..P.ydeeisian open record hearing is to be given in the
following manner:
(a) Notice shall be published not less than ten (10) fourteen (14) days prior to the
hearing in a newspaper of general circulation within Franklin County;
Page] of 5
(b) Notice shall be mailed to the owners of real property, as shown by the records
of the County Assessor, located within three hundred (300) feet of any portion of the
boundary of the proposed subdivision;
(c) Where the proposed subdivision adjoins the municipal boundaries of the City
of Pasco notice shall be mailed to the appropriate county officials;
(d) Where the proposed subdivision is located adjacent to the right-of-way of a
state highway notice shall be mailed to the Washington State Department of Transportation;
and
(e) Where the proposed subdivision is located within two (2) miles of a publicly
owned airport, notice shall be mailed to the Washington State Secretary of Transportation.
(Ord. 3398 Sec. 2, 1999.)
26.24.060 FINDINGS OF FACT. Upon conclusion of the public hearing, the hearing
examiner Planning Commission shall approve the preliminary plat with or without conditions or deny
the preliminary plat. The hearing examiner shall make and enter into findings from the record and
conclusions thereof as to whether or not:
(1) Adequate provisions are made for the public health, safety and general welfare and
for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes,
parks, playgrounds, transit stops, schools and school grounds, sidewalks for safe walking conditions
for students and other public needs;
(2) The proposed subdivision contributes to the orderly development and land use
patterns in the area;
(3) The proposed subdivision conforms to the policies, maps and narrative text of the
Comprehensive Plan;
(4) The proposed subdivision conforms to the general purposes of any applicable policies
or plans which have been adopted by the City Council;
(5) The proposed subdivision conforms to the general purposes of this Title;
(6) The public use and interest will be served by approval of the proposed subdivision.
(Ord. 3398 Sec. 2,1999.)
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26.24.060 FINDINGS OF FACT. Upon conclusion of the public hearing, the hearing
examiner Planning Commission shall approve the preliminary plat with or without conditions or deny
the preliminary plat. The hearing examiner shall make and enter into findings from the record and
conclusions thereof as to whether or not:
(1) Adequate provisions are made for the public health, safety and general welfare and
for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes,
parks, playgrounds, transit stops, schools and school grounds, sidewalks for safe walking conditions
for students and other public needs;
(2) The proposed subdivision contributes to the orderly development and land use
patterns in the area;
(3) The proposed subdivision conforms to the policies, maps and narrative text of the
Comprehensive Plan;
(4) The proposed subdivision conforms to the general purposes of any applicable policies
or plans which have been adopted by the City Council;
(5) The proposed subdivision conforms to the general purposes of this Title;
(6) The public use and interest will be served by approval of the proposed subdivision.
(Ord. 3398 Sec. 2,1999.)
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Page 2 of 5
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Section 2. The following section of Chapter 26.28 entitled "Final Plat" of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
26.28.010 APPLICATION. (1) Except as provided in subsection (2) below, a final plat
meeting all of the requirements of this Chapter shall be submitted to the City AaRne Planning
Division for approval within seven (7) years of the date of the preliminary plat approval if the date of
the preliminary plat approval was on or after January 1, 2008 but before December 31, 2014, and
within five (5) years of the date of preliminary plat approval, if the date of preliminary plat approval
was on or after January 1, 2015.
(2) A final plat meeting all requirements of this Chapter shall be submitted to the City
Planner Planning Division for approval within ten (10) years of the date or preliminary plat approval
if the project is within the City limits, not subject to the requirements adopted under Chapter 90.48
RCW (Shoreline Management Plan), and the date of the preliminary plat approval was on or before
December 31, 2007.
(3) A complete application for final plat approval shall consist of ten full sized, four
11x17 paper copies and an electronic copy of the plat. The paper copies together with such
supplementary information and certificates which may be required shall be submitted to the Planning
Division at least twenty ten days prior to the date sought for final plat approval. Following written
notification of corrections or modifications necessary for the final plat, if any, the applicant shall
submit a signed, dated and stamped n ylar drawing of the subdivision with an updated electronic
copy and the applicable bonding instrument as identified in 26.28.050. A bond will only be needed if
there are outstanding improvements to complete. (Ord. 4383, 2018; Ord. 4107, 2013; Ord. 4056,
2012; Ord. 3398 Sec. 2, 1999.)
26.28.030 FINAL PLAT CONTENTS. The final plat shall show and contain the following
information:
(1) Primary control points approved by the City Engineer, and descriptions and ties to
such control points, to which all dimensions, angles, bearings, and similar data on the plat shall be
referenced;
(2) The final plat shall be accompanied by complete field and computation notes showing
original or reestablished corners, with description of them and actual traverse showing error of
closure and method of balancing, with sketch showing all distances, angles, and calculations required
to determine corners and distances of the plat. The allowable error of closure shall not exceed one
(1) foot in four thousand (4000) feet (Authority, RCW 58.16.130);
(3) Tract boundary lines, right-of-way lines of streets, easements and other rights-of-way,
and property lines of residential lots and other sites, with accurate courses, distances, dimensions, or
deflection angles, complete curve data for street centerlines and property lines, and other information
necessary to reproduce the plat on the ground. Dimensions shall be shown from all angle points and
points of curve to lot lines;
(4) Name and right-of-way width of each street and other right-of-way, or easement;
(5) Locations, dimensions and purpose of any easements;
Page 3 of 5
(6) Number, to identify each lot or site with accurate dimensions in feet and hundredths
of feet;
(7) A table showing the square footage of each lot;
(8) Purpose for which sites, other than residential lots, are dedicated or reserved;
(9) Location and description of monuments;
(10) Reference to recorded subdivision plats of adjoining platted land by recorded name,
date and number;
(11) Certification by surveyor or engineer certifying to the accuracy of the survey and
plat;
(12) Statement by the owner dedicating streets; rights-of-way and any other sites for
public use;
(13) Name of the plat, scale, northpoint and date;
(14) Spaces for certificates or approvals of the following officials or agencies:
(a) City Manager or Designee.
(b) City Planner.
(c) City Engineer.
(d) County Engineer (where applicable).
(e) Franklin County P.U.D. or applicable utility provider.
(f) Franklin County Irrigation District #1 (where applicable).
(g) Benton Franklin Health District (where applicable).
(h) County Assessor.
(i) County Treasurer.
0) County Auditor.
(15) All signatures shall be in permanent black ink. (Ord. 4383, 2018; Ord. 3398 Sec. 2,
1999.)
26.28.060 ADMINISTRATIVE APPROVAL. The final approval of a plat is an
administrative function not requiring action by the City Council. A final plat shall only be approved
if the administrative review process finds the subdivision proposed for final plat approval conforms
to all terms of the preliminary plat approval, and said subdivision meets the requirements of Chapter
58.17 RCW, other applicable state laws and this title which requirements were in effect on the date of
submission of a fully completed preliminary plat application. The final plat applicant may appeal a
determination of the administrative review process by a closed record appeal to the City Council
pursuant to PMC 4.02.100. (Ord. 4383, 2018; Ord. 3398 Sec. 2, 1999.)
Section 3. This ordinance shall take full force and effect five (5) days after its approval,
passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as provided by
law this day of 2018.
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
Page 4 of 5
Daniela Erickson, City Clerk Leland B. Kerr, City Attorney
Page 5 of 5
MEMORANDUM
DATE: December 20, 2018
TO: Planning Commission
FROM: Jacob B. Gonzalez,
Senior Planner
SUBJECT: CA2018-008 - Shared Street Frontages
Background
The purpose of this memorandum is to explore a code amendment that would allow shared street
frontages (lots without street frontage). Currently, the Pasco Municipal Code (PMC) does not
address shared street frontages.
Also applicable to this topic:
12.04.030 RESPONSIBILITY OF ABUTTING PROPERTY. All abutting property
owners are responsible for constructing sidewalks, handicapped ramps, crosswalks, curbs,
gutters or driveways along the entire frontage of the abutting property in conformity with
this chapter, and the city's current standard specifications. (Ord. 3861, 2008; Ord. 1372
Sec. 2, 1969.)
12.35 COMPLETE STREETS POLICY
12.35.030 (a) All street projects including new construction, reconstruction, retrofit, and
rehabilitation shall include Complete Streets Infrastructure elements to the maxim7um
extent practicable to create an interconnected, integrated network of inclusive facilities.
26.08.240 STREET, FRONTAGE. "Frontage Street" means an access street which is
generally parallel to and adjacent to arterial streets, traffic ways, limited access highways
or railroad rights-of-way; and which provides access to abutting properties and protection
from through traffic. (Ord. 3392 Sec. 2, 1999).
26.08.260 STREET, PRIVATE. "Private Street" means a street of limited continuity,
which serves, or is intended to serve, the local needs of the immediate community and
which has not been dedicated to the public. (Ord. 3398 Sec. 2, 1999).
26.12.030 STREET IMPROVEMENTS (1) Adequate and proper right-of-way
improvements shall be required at the time adjoining property is developed and shall be
required on all property. As a minimum a three-quarter (3/4) street standard will be required
if the property being developed only fronts one side of the street.
Shared Street Frontages (Lots)
Shared street frontages provide the opportunity to increase the diversity of housing styles/types
available and to promote the in -fill of vacant lands within the city. Densities can be increased
through in -fill development and a diversity of housing stock can lead to more walkable and
compact neighborhoods while also providing safe and efficient vehicle access.
There are several types of applications for use, including: multiple lots without public street
frontage which may occur in a planned trait development or isolated lots without street frontage
due to owner an owner of a "flag lot." Geography and topography play a role as well, sometimes
providing difficulty for development to occur. Utilizing this tool may ease that burden allowing
for a more interconnected and cost-effective development pattern.
In these developments, the lot would be allowed to front on a private drive. Below is an example
from the City of Spokane (WA):
Example Development Setbacks:
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Another example (below) from the City of Marysville (WA) demonstrates shared driveway access:
Flag Lot Example:
Locally, the City of Kennewick identifies shared street frontages (lots) within their Residential
Design Standards applicable to single family developments.
Considerations
Planning Commission should consider the standards, rules and applicable codes that apply or
would be necessary for appropriate implementation. Public streets are open for public travel and
are maintained by the City. This includes general maintenance, safety enhancements and even
snow removal. Private roads would likely require the homeowners and/or residents of the
development to fund and provide for the same care and preservation of the roadway.
The City would also prefer to not eventually acquire roads in the future that are not built to current
standards. Current city standards require specific build qualities such as road widths, construction
materials, safety features, vehicle parking and pedestrian amenities including sidewalks and bike
lanes. It would be important to educate developers of these needs early in the concept and
permitting process to avoid potential challenges.
The Planning Commission should also consider where these developments would be practical and
beneficial. Denser and more compact residential development would be better suited near available
services and amenities rather than further distances from commercial zones. Additionally,
locations near transit routes would promote use of the public transportation system.
Also of note, staff is currently analyzing additional land capacity for housing through the Urban
Growth Area boundary expansion and Comprehensive Plan process. Although still in progress,
this analysis has identified lands within current city limits that may benefit from a code amendment
approval.
Staff recommends the Planning Commission consider the above and discuss the potential impacts
of the code amendment.
MEMORANDUM
DATE: December 12, 2018
TO: Planning Commission
FROM: Jeffrey B. Adams, Associate Planner
SUBJECT: Temporary Shelter (MF *CA 2018-001)
After many years of decline, homelessness in Washington is growing despite
significant investment and efforts to reduce it over the last decade. Factors
contributing to this rise include escalating housing costs, inadequate mental
health and chemical dependency treatment systems, the opioid crisis,
inadequate coordination of prevention efforts and levels of funding on the local,
state and federal government levels.
Contributing Factors
Around 15% of all homeless adults were identified as survivors of domestic
violence in a 2014 survey of 25 US cities. Abuse often leads the victim to seek
shelter away from the abuser. Victims of abuse frequently lack resources to
support themselves and sometimes end up homeless.
Between 20% and 25% of the homeless population in the United States suffers
from some form of severe mental illness according to the Substance Abuse and
Mental Health Services Administration. Serious mental illnesses disrupt people's
ability to carry out essential aspects of daily life, such as self-care and household
management. Mental illnesses may also prevent people from forming and
maintaining stable relationships or cause people to misinterpret others' guidance
and react irrationally. This often results in pushing away caregivers, family, and
friends who may be the force keeping that person from becoming homeless.
Roughly 32% of individuals experiencing homelessness suffer from addiction to
drugs and alcohol—a figure approximately 20% higher than reported abuse of
alcohol and illicit drugs by the general population.
Communities and Homelessness
Homelessness is a regional issue that is not confined to any particular city or
county and is an issue that presents complex difficulties. Solving this issue is
next to impossible by any single provider of government services.
The cost of homelessness to taxpayers is significant in terms of increased police
calls, emergency room visits and locally -funded homeless services. There are
also indirect costs resulting from homeless services on public perception when
those services are provided in business districts.
Page 1 of 5
Legal Issues
Here in Washington State - many communities have experienced land use
conflicts with homeless services and revitalization efforts - including neighboring
communities here in our area. In March of 2017, City Council adopted an
ordinance prohibiting unauthorized camping subject to the availability of
alternative accommodations -however this prohibition applies only to parks and
other public locations.
Both state and federal law allow discretion to religious organizations that provide
services for the homeless (including homeless shelters) and the needy as part of
their core mission on property that is owned or controlled by them. In effect -
this establishes a limited "pre-emption" of full local control of land use issues
involving establishing and conducting homeless facilities or services.
Both legal and municipal authorities recommend that communities prepare
ordinances that detail the requirements for religious organizations that wish to
sponsor homeless shelters or encampments - before the community is faced with
an immediate application for a shelter. Municipalities cannot necessarily deny
religious organizations from establishing shelters or encampments, but they can
be reasonably regulated. The regulations would be driven by conformance with
state and local law that protect public interest, health and safety.
Possible Solutions
In researching municipalities that have established standards for regulating
such facilities a potential land use ordinance could include at least the following
provisions relating to such shelters or encampments:
• limiting the siting of such facilities on property owned or controlled by the
religious organization;
• requirement to meet appropriate setbacks, buffering and other standards;
• limiting such facilities to specific zoning districts;
• limiting the maximum number of residents;
• requiring a minimum age for residents, e.g. eighteen;
• establishing a code of conduct to include prohibitions on illegal drugs,
alcohol, weapons, loitering and other behaviors;
• conformance with state and local standards relating to drinking water,
human and solid waste disposal, electric systems and fire systems;
• the conduct of appropriate background and identification checks (ie; sex
offenders and outstanding warrants) by the religious organization;
• conformance to a minimum distance between other shelters or
encampments;
Page 2 of 5
• conformance with a maximum time period for the duration of a shelter or
encampment- including a separation period between such time periods;
and
• irrevocable permission for the City to abate the use and reimbursement
for those costs if the shelter or encampment is noncompliant with
conditions of the ordinance or permit.
Preliminary Findings
1. Homelessness in Washington is growing.
2. Factors contributing to the rise in homelessness include but are not
limited to the following:
a. Escalating housing costs
b. Inadequate mental health treatment systems
C. Inadequate chemical dependency treatment systems
d. The opioid crisis
e. Inadequate coordination of prevention efforts, and
f. Inadequate levels of funding on the local, state and federal
government levels.
3. Around 15% of all homeless adults were identified as survivors of domestic
violence.
4. Abuse often leads the victim to seek shelter away from the abuser.
5. Victims of abuse frequently lack resources to support themselves and
sometimes end up homeless.
6. Between 20% and 25% of the homeless population in the United States
suffers from some form of severe mental illness.
7. Serious mental illnesses disrupt people's ability to carry out essential
aspects of daily life, such as self-care and household management.
8. Mental illnesses may also prevent people from forming and maintaining
stable relationships or cause people to misinterpret others' guidance and
react irrationally. This often results in pushing away caregivers, family,
and friends who may be the force keeping that person from becoming
homeless.
9. Roughly 32% of individuals experiencing homelessness suffer from
addiction to drugs and alcohol.
10. The cost of homelessness to taxpayers is significant in terms of
a. increased police calls,
b. emergency room visits and
C. locally -funded homeless services.
11. Homeless services provided in business districts affect public perception.
12. Many neighboring communities have experienced land use conflicts with
homeless services and revitalization efforts
Page 3 of 5
13. In March of 2017 City Council adopted an ordinance prohibiting
unauthorized camping subject to the availability of alternative
accommodations
14. The City of Pasco ordinance prohibiting unauthorized
camping applies only to parks and other public locations.
15. Both state and federal law allow discretion to religious organizations that
provide services for the homeless (including homeless shelters) and the
needy as part of their core mission on property that is owned or controlled
by them.
16. These state and federal laws establish a limited de facto "pre-emption" of
full local control of land use issues involving establishing
and conducting homeless facilities or services.
17. Legal and municipal authorities recommend that
communities prepare ordinances that detail the requirements for religious
organizations that wish to sponsor homeless shelters or encampments
before the community is faced with an immediate application for a shelter.
18. Municipalities cannot necessarily deny religious organizations from
establishing shelters or encampments, but they can be reasonably
regulated.
19. The regulations must be driven by conformance with state and local law
that protect public interest, health and safety.
The Planning Commission has at least two options, as follows:
1) Recommend an ordinance permitting homeless uses via administrative
review;
2) Recommend an ordinance permitting homeless uses via Special Permit;
Each option has pros and cons, as follows:
1) Administrative review would be efficient and expedited, but by
circumventing the hearing process would represent an increased legal
liability for the City, and ultimately, the taxpayer;
2) Special Permit review would be lengthy for both applicant and city but
would allow the City to address site-specific issues. As well, Special Permit
review via a Hearing Examiner would represent a lower liability option for
the City, and indirectly, the taxpayer. The draft ordinance (see attached)
is based on the Special Permit review option.
Given the complexity and partisan nature of the homelessness issue, avoidance
of liability should be high on the priority list for the City.
This information is transmitted to the Planning Commission to establish a
process that will balance and serve the needs of all members of the community,
regardless of their housing status.
Page 4 of 5
Staff requests Planning Commission input and direction on this item.
Page 5 of 5
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington
Creating Chapter 25.99 "Homeless Encampments"
WHEREAS, RCW 35A.21.360 allows for religious organizations to host temporary
encampments for the homeless on property owned or controlled by the religious organization
whether within buildings located on the property or elsewhere on the property outside of buildings;
and
WHEREAS, the City wishes to establish a system that protects public health and safety
and does not substantially burden the decisions or actions of a religious organization regarding the
location of housing or shelter for homeless persons on property owned by the religious
organization; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Chapter 25.99 of the Pasco Municipal Code entitled "Homeless
Encampments" shall be and hereby is created and shall read as follows:
Chanter 25.99
HOMELESS ENCAMPMENTS
Sections:
25.99.010
Purpose and Duty.
25.99.020
Definitions.
25.99.030
Special Permit Required — Who May Apply.
25.99.040
Application Procedures.
25.99.050
Requirements for Approval.
25.99.060
Process for Final Approval.
25.99.070
Requirements Upon Approval.
25.99.080
Fire, Safety, and Health.
25.99.090
Limitations.
25.99.100
Revocation.
25.99.110
Proof of Insurance.
25.99.120
Emergency Shelters.
25.99.130
Penalty for Violations.
25.99.140
Severability.
25.99.010 PURPOSE AND DUTY. The City recognizes the rights of religious
organizations to exercise their religious liberties and understands that this religious exercise may
include hosting those who are homeless or transient. It is the purpose of this Chapter to provide a
Ordinance Creating Chapter 25.99
Homeless Encampments - 1
standardized application process for a special permit for those religious organizations wishing to
host homeless persons. It is also the purpose of this Chapter to provide for standards that will
protect the health, safety, and welfare of both the hosted residents and the public.
Nothing in this Chapter is intended nor shall be construed to create or form the basis of
liability on the part of the City or its officers, employees or agents, for any injury or damage
resulting from any action or inaction on the part of the City related in any manner to the
interpretation or enforcement of this Chapter by its officers, employees, or agents.
25.99.020 DEFINITIONS. For the purposes of this Chapter, the following words and
terms shall have the meaning ascribed to them by this section:
A) "Approved shelter" means a car, tent, trailer, camper, or a structure approved by
the Director or his/her appointee that is less than 100 square feet in total floor area and has no
kitchen or plumbing facilities but may have electricity so long as the wiring has been inspected
and approved by the appropriate governmental agency.
B) "City" means the City of Pasco, Washington.
C) "Department" means the City's Community & Economic Development
Department.
D) "Director" means the Director of the City's Community & Economic Development
Department.
E) "Entrance attendee" means an individual appointed by the managing agency that is
at least eighteen years of age and at least one of the following:
1) A volunteer, agent, member, or employee of the managing agency; or
2) A permitted encampment resident authorized by the managing agency to
serve as the entrance attendee.
(F) "Managing agency" means a religious organization applying for, hosting, and
operating a permitted encampment that owns or controls the site where the permitted encampment
is or will be situated.
G) "Managing agency contact" means an individual appointed by the managing
agency that is at least eighteen years of age and a volunteer, agent, member, or employee of the
managing agency that serves as the contact person for the managing agency available twenty-four
hours a day, seven days a week. The managing agency contact need not be a singular individual.
H) "Occupancy registration" means a City -issued permit for the operation of a
noncommercial use not otherwise regulated by Chapter 5.04 PMC.
Ordinance Creating Chapter 25.99
Homeless Encampments - 2
I) "Permitted encampment" means a temporary campsite or encampment operated by
a managing agency that provides housing or shelter to homeless persons in compliance with the
provisions of this Chapter.
J) "PMC" means the Pasco Municipal Code;
K) "Religious organization" means the federally -protected practice of a recognized
religious assembly, school or institution that owns or controls the property upon which a permitted
encampment is located.
L) "Site" means the property or part of the property where the permitted encampment
is or will be situated.
M) "Special permit" means a special permit granted to a religious organization by the
City's Community & Economic Development Department to host and serve as the managing
agency of a permitted encampment.
25.99.030 SPECIAL PERMIT REQUIRED — WHO MAY APPLY.
A) For-profit businesses otherwise regulated by Title 5 PMC are excluded from the
provisions of this Chapter.
B) It is unlawful for any person to erect, maintain, place, permit to be or remain in or
upon any private lot, building, structure or premises in the City any temporary camp, encampment,
shelter, or collection of shelters that allows for homeless or transient individuals to stay overnight
without a valid special permit for a permitted encampment granted by the City. This Subsection
shall not apply to residents or visitors of any temporary camp, encampment, shelter, or collection
of shelters unless they own or control the private lot, building, structure or premises where the
temporary camp, encampment, shelter, or collection of shelters is situated or are a volunteer, agent,
member, or employee of the person that owns or controls the private lot, building, structure, or
premises.
C) Special permits for a permitted encampment shall be granted only to bona fide, tax-
exempt religious organizations.
25.99.040 APPLICATION PROCEDURES. Each managing agency shall apply for a
special permit under this section and shall certify compliance with all applicable requirements for
approval and conditions of this Chapter and the application.
A) As part of the special permit review process the managing agency shall submit an
application to the Department containing the following information:
1) The name, street address, and telephone number of the managing agency;
Ordinance Creating Chapter 25.99
Homeless Encampments - 3
2) The name, street address, and telephone number of the managing agency
contact;
3) A site plan showing the proposed location, street address, dimensions, and
layout of the proposed permitted encampment;
4) The length of time the managing agency expects to operate the proposed
permitted encampment;
5) A signed and notarized statement from the owner of the Site stating that the
managing agency lawfully owns or controls the site in a way that will endure for at least
the expected operational time of the proposed permitted encampment specified in the
application;
6) The maximum number of residents proposed at the proposed permitted
encampment;
7) The dates the managing agency intends to begin and end operation of the
proposed permitted encampment;
8) A copy of the managing agency's plan for reporting the period of time
residents resided at the proposed permitted encampment and when residents left the
proposed permitted encampment to live in permanent housing or other temporary housing;
9) A copy of the managing agency's operations and security plan and a code
of conduct that satisfies the requirements of PMC § 25.99.050(B); and
(10) Proof of insurance that satisfies the requirements of PMC § 25.99.110.
B) Other special conditions not present in Subsection (A) of this Section may be
required of the managing agency as part of the special permit review process at the discretion of
the Department.
C) There shall be no fee required of an applicant qualified to apply for and receive a
special permit for a permitted encampment under this Chapter.
D) In addition to the requirements for special permit review, the following additional
procedures apply:
1) Occupancy Registration Required. Upon receipt of a special permit the
managing agency shall obtain an occupancy registration pursuant to Chapter 5.07 PMC
through the Department a minimum of fourteen days before the proposed date of
establishment for the permitted encampment. The Occupancy Registration shall be valid
for a maximum of one hundred eighty (180) days.
Ordinance Creating Chapter 25.99
Homeless Encampments - 4
2) Pasco School District #1 Notified. In addition to the notice requirements of
Title 4 PMC, upon receipt of an application for a special permit for a permitted
encampment the Director shall send a copy of the application to the administrative offices
of the Pasco School District 41 for its review and consideration.
25.99.050 REQUIREMENTS FOR APPROVAL. The City may issue a temporary
and revocable special permit for a permitted encampment subject to the following criteria and
requirements:
A) Site Criteria.
1) Size. The property must be sufficient in size to accommodate the maximum
number of residents and, for permitted encampments not situated within a permanent
structure, must have necessary on-site facilities, including but not limited to the following:
(a) A food tent or building and host tent or building;
(b) Sanitary toilets in the number required to meet capacity guidelines;
(c) Hand washing facilities near the toilets and by any food areas; and
(d) Refuse receptacles.
(e) Verified service contracts for all temporary facilities for the duration
of the encampment
2) Water Source. The managing agency shall provide an adequate source of
potable water to the permitted encampment as approved by the City.
3) Sensitive Areas. No permitted encampment shall be located within a
sensitive or critical area or its buffer as defined in Title 28 PMC.
4) Limitation on Residents. For each permitted encampment, the Department
shall determine if the proposed maximum number of residents at the permitted
encampment is so great as to endanger public health and safety. In making this
determination, the Department may consider the site's size, location, structures, and any
other relevant factors.
5) Parking. The site shall provide an adequate number of parking spaces for
the number of vehicles used by permitted encampment residents and staff. If the site has
other uses besides the permitted encampment, it shall be shown that the permitted
encampment will not create an undue shortage of required on-site parking for the other use
or uses on the property.
Ordinance Creating Chapter 25.99
Homeless Encampments - 5
6) Public Transportation. Whenever possible, the permitted encampment
should be located within one quarter mile of a bus stop with service seven days per week.
If the permitted encampment is not located within one quarter mile of a bus stop with
service seven days per week, the managing agency shall demonstrate the ability for
residents to obtain access to the nearest public transportation stop, such as carpools or
shuttle buses.
7) Screening. The permitted encampment shall be adequately buffered and
screened to be sight -obscuring from adjacent rights-of-way and residential properties.
Screening shall be a minimum height of six feet and may include, but is not limited to, a
combination of fencing, landscaping, or the placement of the permitted encampment
behind buildings. The type of screening shall be approved by the City.
8) Privacy for Sanitary Facilities. All sanitary portable toilets shall be
screened to be sight -obscuring from adjacent properties and rights-of-way. The type of
screening shall be approved by the City and may include, but is not limited to, a
combination of fencing and/or landscaping.
9) Distance Requirements to Sensitive Land Uses. No permitted encampment
shall be permitted within three hundred feet of a licensed child daycare facility or any
public or private pre-school or elementary, middle, or high school. However, this
prohibition may be waived by provisions contained in the special permit if the owner of
such daycare or school states in a signed and notarized statement that he or she agrees to
the placement of the permitted encampment on that site. Any such statement must be
submitted to the Department either with the application for a special permit or within seven
calendar days of the application's submission.
10) Approved Shelters. Except as provided in Section C of this Section, no
permitted encampment shall be permitted unless the managing agency plans to shelter
residents in approved shelters provided by the managing agency, provided by the residents
themselves, or otherwise provided for the residents.
B) Security
1) Operations and Security Plan. The managing agency shall demonstrate the
capacity to implement the operations and security plan required by PMC §
25.99.040(A)(9).
2) Code of Conduct. The managing agency shall ensure that the permitted
encampment has a written, enforceable code of conduct which, at a minimum, prohibits
alcohol, nonprescribed drugs, weapons, violence, and open fires. The code of conduct
should also address other issues related to camp and neighborhood safety. The managing
agency shall demonstrate the capacity to enforce the code of conduct.
Ordinance Creating Chapter 25.99
Homeless Encampments - 6
3) In addition to the standards in this subsection, the managing agency may
adopt and enforce additional code of conduct conditions not otherwise inconsistent with
this section.
C) Indoor Permitted Encampments. The special permit may allow for an indoors
permitted encampment inside a permanent building or structure subject to the following criteria
and requirements:
1) Compliance with Building Codes. An indoor permitted encampment shall
comply with the requirements of the City's building codes. However, pursuant to RCW §
19.27.042, the City's Inspection Services Division shall have the authority to exempt code
deficiencies, but in no event will it exempt code deficiencies constituting a clear and
present, grave and immediate danger to public health or safety.
2) Building Criteria. The buildings proposed for use shall be of sufficient size
to accommodate the residents and must have necessary on-site facilities, including but not
limited to the following:
(a) An adequate supply of potable water;
(b) Sanitary toilets in the number required to meet capacity guidelines;
(c) Hand washing facilities by the toilets and food areas;
(d) Refuse receptacles; and
(e) Kitchen facilities for food preparation.
(3) All applicable health standards for providing and using facilities required
under Subsection (C)(2) of this Section shall be satisfied as required by the City's
Inspection Services Division.
25.99.060 PROCESS FOR FINAL APPROVAL. Applications for a special permit for
a homeless encampment shall be processed pursuant to Title 4 PMC.
25.99.070 REQUIREMENTS UPON APPROVAL.
A) Signed Agreement. All permitted encampment residents must sign an agreement
to abide by the code of conduct required by PMC § 25.99.050(B)(2). Failure to do so shall result
in the noncompliant resident's immediate and permanent expulsion from the permitted
encampment. The managing agency shall be responsible to enforce each agreement.
(B) Log of Overnight Guests. The managing agency shall keep a digital log of all
individuals who stay overnight in the permitted encampment. The log shall include the name and
date of birth of each individual, and the dates that the individual spent at the permitted
Ordinance Creating Chapter 25.99
Homeless Encampments - 7
encampment. The log must be kept reasonably up-to-date. The log shall be maintained by the
managing agency for a minimum of six months after it was last revised and shall be made available
to the City's Police Chief and the Director upon request.
C) Identification. The managing agency shall require verifiable photo identification
documents of each and every individual who stays overnight in the permitted encampment.
Acceptable forms of photo identification documents for purposes of this section include a driver's
license, government -issued identification card, military identification document, or passport. If a
verifiable photo identification document cannot be obtained, the individual must agree to be
fingerprinted or the individual shall not otherwise be admitted to the camp. If the managing agency
cannot obtain fingerprints from individuals, the City must either offer the services of the City's
Police Department to -provide fingerprinting services at the site at no cost to the managing agency
or issue the managing agency a waiver of the fingerprinting requirements of this subsection for
each permitted encampment.
D) Simple Background Checks. The managing agency shall engage the City's Police
Department to use the verifiable photo identification document to check each individual who stays
overnight in the permitted encampment for outstanding in-state and out-of-state warrants and the
individual's potential registered sex offender status. The City must either offer the services of the
City's Police Department to provide these background check services at no cost to the managing
agency or issue the managing agency a waiver of the background check requirements of this
subsection for each permitted encampment.
1) Outstanding Warrants. If any warrant check reveals an existing or
outstanding warrant from any jurisdiction in the United States, the managing agency shall
immediately report the finding to the City's Police Department for the apprehension of the
individual.
2) Sex Offender Status. If the sex offender status check reveals that the
individual is a registered sex offender, the individual shall not be admitted to the permitted
encampment.
E) Security. The managing agency shall ensure the permitted encampment is secure
and managed to strictly prohibit alcohol, prohibited drugs, weapons, fighting, abuse of any kind,
littering, or other nuisances while located on the property. As necessary, the City's Police
Department shall be available to enforce state and local laws and ordinances. The managing agency
may be billed for excessive use of City Police Department resources.
F) Entrance/Host Tent or Building; Entrance Attendee. The managing agency shall
ensure there is an entrance/host tent or building at the permitted encampment that is staffed twenty-
four hours a day and seven days a week by at least one entrance attendee.
G) Managing Agency Contact. The managing agency contact shall serve on-call and
be available for the entrance attendee twenty-four hours a day and seven days a week. The
Ordinance Creating Chapter 25.99
Homeless Encampments - 8
managing agency contact shall be available to provide help and assistance to the entrance attendee
as may be necessary to ensure the permitted encampment functions properly.
H) Enforcement. The entrance attendee staffing the entrance shall notify the managing
agency contact as necessary in the enforcement of permitted encampment rules and expectations,
and/or the City's Police Department as necessary to enforce local and state laws. The entrance
attendee shall also serve as a point -of -contact for the City's Police Department and will orient the
department on how the managing agency accepts and processes potential residents. The names of
the entrance attendee will be posted daily at the entrance/host tent or building. The City shall
provide contact telephone numbers of nonemergency personnel which shall be posted at the
entrance/host tent or building.
1) Visitors. Visitors to the permitted encampment must meet the following procedures
and requirements:
1) The requirements that apply to individuals staying overnight in the
permitted encampment pursuant to Subsection (C) of this Section shall also apply to all
visitors to the permitted encampment.
2) Visitors shall be accompanied by the resident that invited the visitor while
at the permitted encampment.
3) Visitors shall be allowed to visit the permitted encampment only between
the hours of 9:00 a.m. and 10:00 p.m. After 10:00 p.m., all visitors must be evicted from
the permitted encampment.
4) Visitors may not stay overnight unless they receive permission from the
managing agency and complete all requirements necessary to become a resident, including
the requirements of Subsections (C) and (D) of this Section.
5) For purposes of this Section, the following shall not be considered visitors
to the permitted encampment:
(a) Volunteers, agents, members, or employees of the managing agency
rendering aid, care, assistance, security, or comfort to residents of the permitted
encampment;
(b) Law enforcement personnel, including members of the City's Police
Department;
(c) Emergency fire/medical personnel;
(d) Entrance attendees; and
(e) The managing agency contact.
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J) Age Restrictions. Residents of the permitted encampment must be at least eighteen
years of age. No minors shall be permitted entrance to the permitted encampment unless they are
a relative of a resident of the permitted encampment. Minors related to a resident may be admitted
to the permitted encampment as visitors pursuant to Subsection (I) of this Section.
25.99.080 FIRE, SAFETY, AND HEALTH. Permitted encampments shall meet the
following fire, safety, and health requirements:
A) Fire Safety. The permitted encampment shall conform to the following
requirements:
1) Open Fires. No open fires shall be permitted within approved shelters or
outside an approved fire pit or appliance.
2) Heating Appliances. No heating appliances shall be permitted within
approved shelters.
3) Cooking.
(a) The managing agency may allow for a common tent to provide
community cooking facilities and services for the permitted encampment. Common
tents shall be approved by the managing agency and the Department.
(b) No cooking appliances shall be permitted within approved shelters.
4) Fire Extinguishers. The managing agency shall provide an adequate number
and appropriate rating of fire extinguishers at the permitted encampment as approved by
the Department or the City's Fire Department.
5) Emergency Access. The managing agency shall ensure that adequate access
for fire and emergency medical personnel and apparatuses is provided for at the permitted
encampment, as determined by the City's Fire Marshal.
6) Shelter Separation. The managing agency shall ensure that there is an
adequate distance between approved shelters and other structures, as determined by the
City's Fire Marshal.
7) Electrical Service. Any electrical service provided to the permitted
encampment shall be in accordance with City code. Any electrical cords used outdoors
shall be approved for outdoor use.
B) Health. The managing agency shall provide all necessary sanitary facilities,
including temporary outhouses or portable toilets and facilities for hand -washing. All applicable
health standards for providing and using such facilities shall be satisfied as required by the
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Department. Facilities and staff shall be available to provide minor medical treatment to
encampment residents; excessive use of the city emergency medical services for non -emergent
care will result in billing to the encampment sponsor. Non -emergent care is defined as care that
does not require transportation to the emergency room.
C) Access for Inspections. The managing agency shall permit inspections by City staff
to ensure compliance with the conditions of this permit. Inspections shall occur at reasonable times
and may occur without prior notice.
D) Approved Shelters. Residents of the permitted encampment may reside only in
approved shelters at the permitted encampment.
25.99.090 LIMITATIONS.
A) Duration. Permitted encampments may be approved for a time period not to exceed
one hundred eighty (180) days.
B) Limitation. No other permitted encampment, regardless of the managing agency,
may occupy the same site as a previous homeless encampment, whether it was permitted or
unpermitted, until City staff has ensured that all residents of the previous encampment and any
temporary structures, tents, trailers, etc. have been completely vacated from the site.
25.99.100 REVOCATION. Upon determination that there has been a violation of any
approval criteria or a condition of the special permit application or that the managing agency has
failed to take action against a resident who violates the terms and conditions of the special permit,
code of conduct, or has committed violence, the Director may give written notice to the managing
agency describing the alleged violation. Within fourteen days of the mailing of the notice of
violation, the managing agency shall show cause why the permit shall not be revoked. At the end
of the fourteen -day period, the Director shall sustain or revoke the permit. When a special permit
for a permitted encampment is revoked, the Director shall notify the managing agency holding the
permit by certified mail of the revocation and the findings upon which the revocation is based.
Appeals of decisions to revoke a temporary permitted encampment permit shall be to Franklin
County Superior Court.
25.99.110 PROOF OF INSURANCE. A religious organization or managing agency
shall show the City proof of general liability insurance with respect to a permitted encampment
with minimum limits of one million dollars per occurrence. The City shall not require a religious
organization or managing agency to obtain insurance pertaining to the City's liability with respect
to permitted encampments or otherwise require the religious organization or managing agency to
indemnify the City against such liability.
25.99.120 EMERGENCY SHELTERS. The provisions of this Chapter shall not apply
to emergency or cold weather shelters as defined in PMC 25.12.156 and permitted under the
provisions of PMC 25.86 where the screening of individuals to be temporarily housed in such
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shelters is conducted by a non-profit organization or a religious organization providing the
emergency shelter.
25.99.130 PENALTY FOR VIOLATIONS.
A) Every person who violates PMC 25.99.030(B) has committed a code infraction and
shall pay a penalty not to exceed five hundred dollars per incident.
B) Nothing in this Chapter shall be interpreted to prevent the applicability of Chapter
9.60 PMC (Public Nuisances) or Chapter 16.50 PMC (Unsafe and Unfit Buildings, Structures, and
Premises) to homeless encampments, either permitted or unpermitted.
25.99.140 SEVERABILITY. If any section, subsection, sentence, clause, phrase, or
other portion of this chapter, or its application to any person, is for any reason declared invalid in
whole or in part by any court or agency of competent jurisdiction, said decision shall not affect the
validity of the remaining portions hereof.
Section 2. This Ordinance shall take full force and effect five (5) days after its
approval, passage, and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as provided
by law this day of 2019.
Matt Watkins, Mayor
ATTEST:
APPROVED AS TO FORM:
Daniela Erickson, City Clerk Leland B. Kerr, City Attorney
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