HomeMy WebLinkAbout2019.01.28 Council Workshop PacketWorkshop Meeting
AGENDA
PASCO CITY COUNCIL
7:00 p.m.
January 28, 2019
Page
1. CALL TO ORDER:
2. ROLL CALL:
(a) Pledge of Allegiance
3. VERBAL REPORTS FROM COUNCILMEMBERS:
3 - 24 (a) Presentation - Public Market Feasibility Analysis
Presented by Michael Morales, Community & Economic Development
Deputy Director
25 - 36 (b) Presentation - Colima Sister City Program Work Plan & Cooperation
Agreement
Presented by Michael Morales, Community & Economic Development
Deputy Director
37 - 52 (c) Presentation - Operations Plants
Presented by Heath Bateman, Division Manager
53 - 73 (d) Rivershore Reconveyance Update and Discussion
74 - 94 (e) Hearing Examiner System for Land Use Permits (MF# CA2018-007)
95 - 123 (f) Comprehensive Plan Update Process
124 - 130 (g) Bid Award - 14001 Harris Road Sewer Transmission Main
4. ITEMS FOR DISCUSSION:
5. MISCELLANEOUS COUNCIL DISCUSSION:
6. EXECUTIVE SESSION:
7. ADJOURNMENT.
Page 1 of 130
Workshop Meeting January 28, 2019
REMINDERS:
Monday, January 28, 4:00 p.m., Hanford Area Economic Investment Fund Advisory
Committee Meeting – Ben Franklin Transit Main Conference Room (COUNCILMEMBER
PETE SERRANO, Rep.)
This meeting is broadcast live on PSC-TV Channel 191 on Charter Cable and
streamed at www.pasco-wa.gov/psctvlive.
Audio equipment available for the hearing impaired; contact the Clerk for assistance.
Spanish language interpreter service may be provided upon request. Please provide
two business day's notice to the City Clerk to ensure availability. (Servicio de
intérprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal
dos días antes para garantizar la disponibilidad.)
Page 2 of 130
AGENDA REPORT
FOR: City Council January 24, 2019
TO: Dave Zabell, City Manager Workshop Meeting: 1/28/19
FROM: Michael Morales, Deputy Director
Community & Economic Development
SUBJECT: Presentation - Public Market Feasibility Analysis
I. REFERENCE(S):
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Presented by Michael Morales, Community & Economic Development Deputy
Director
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 3 of 130
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3DVFR3XEOLF0DUNHW)HDVLELOLW\6WXG\0DUNHW9HQWXUHV,QFDĂƌŬĞƚŝƐƚƌŝĐƚ͞DĂƌŬĞƚĚŝƐƚƌŝĐƚ͟ŝƐĂďƌĂŶĚŝŶŐĂŶĚŵĂŶĂŐĞŵĞŶƚĐŽŶĐĞƉƚ͕ǁŝƚŚŝŶĚŽŽƌĂŶĚŽƵƚĚŽŽƌ;ƉƵďůŝĐƐƉĂĐĞͿĐŽŵƉŽŶĞŶƚƐǁŝƚŚŝŶĂĚĞĨŝŶĞĚŐĞŽŐƌĂƉŚŝĐĂƌĞĂƌĂŶĚƉƌŽŵŝƐĞƐ±͞DĂƌŬĞƚĞdžƉĞƌŝĞŶĐĞ͟ĞǀĞƌLJĚĂLJ±>ŽĐĂůĨŽŽĚďƵƐŝŶĞƐƐĞƐĂŶĚĞŶƚĞƌƚĂŝŶŵĞŶƚ͕ĐƵůƚƵƌĂůĞdžƉĞƌŝĞŶĐĞϭϭPage 14 of 130
3DVFR3XEOLF0DUNHW)HDVLELOLW\6WXG\0DUNHW9HQWXUHV,QFDĂƌŬĞƚŝƐƚƌŝĐƚDĂŶĂŐĞŵĞŶƚĂŶĚŽǀĞƌƐŝŐŚƚĂƌĞŶĞĞĚĞĚƚŽĚĞǀĞůŽƉĂŶĚƐƵƐƚĂŝŶĂŵĂƌŬĞƚĚŝƐƚƌŝĐƚ±DĂƌŬĞƚŝŶŐͬĞǀĞŶƚƐͬƉƵďůŝĐƐƉĂĐĞĂĐƚŝǀĂƚŝŽŶ±ŽŽƌĚŝŶĂƚĞǁŝƚŚĂŶĚƐƵƉƉŽƌƚĞdžŝƐƚŝŶŐĂƐƐĞƚƐ±ZĞĐƌƵŝƚĐŽŵƉůĞŵĞŶƚĂƌLJďƵƐŝŶĞƐƐĞƐ±^ƚƌĂƚĞŐŝĐƉůĂŶŶŝŶŐϭϮPage 15 of 130
3DVFR3XEOLF0DUNHW)HDVLELOLW\6WXG\0DUNHW9HQWXUHV,QFWĂƐĐŽDĂƌŬĞƚŝƐƚƌŝĐƚůĞŵĞŶƚƐdžŝƐƚŝŶŐĞůĞŵĞŶƚƐ±WĂƐĐŽ&ĂƌŵĞƌƐ͛DĂƌŬĞƚƉĂǀŝůŝŽŶΘƉůĂnjñsŝĞƌĂ͛ƐĂŬĞƌLJ±WĂƐĐŽ^ƉĞĐŝĂůƚLJ<ŝƚĐŚĞŶ±ůdŽƌŝƚŽ DyŐƌŽĐĞƌLJWŽƚĞŶƚŝĂůĞůĞŵĞŶƚƐ±/ŶĚŽŽƌƉƵďůŝĐŵĂƌŬĞƚǁŝƚŚĨƌĞƐŚ͕ƐƉĞĐŝĂůƚLJĂŶĚƉƌĞƉĂƌĞĚĨŽŽĚƐ±EĞǁŽƵƚĚŽŽƌŵĂƌŬĞƚƐ͗sŝŶƚĂŐĞDĂƌŬĞƚ͕DĂŬĞƌƐDĂƌŬĞƚ±/ŶĚŽŽƌǁŝŶƚĞƌĨĂƌŵĞƌƐ͛ŵĂƌŬĞƚ±&ŽŽĚĞĚƵĐĂƚŝŽŶͬĞǀĞŶƚĨĂĐŝůŝƚŝĞƐĂŶĚƉƌŽŐƌĂŵŵŝŶŐ±ŝƐƚƌŝĐƚͲǁŝĚĞĨŽŽĚĨĞƐƚŝǀĂůƐƚŚĂƚĨĞĂƚƵƌĞůŽĐĂůĨŽŽĚŚŝƐƚŽƌLJĂŶĚĂƌĞĂ͛ƐƵŶŝƋƵĞĂŐƌŝĐƵůƚƵƌĂůĂƐƐĞƚƐ±ĚĚŝƚŝŽŶĂůƌĞƐƚĂƵƌĂŶƚƐĂŶĚƐƉĞĐŝĂůƚLJĨŽŽĚƌĞƚĂŝůĞƌƐϭϯPage 16 of 130
3DVFR3XEOLF0DUNHW)HDVLELOLW\6WXG\0DUNHW9HQWXUHV,QF^ŝƚĞ^ĞůĞĐƚŝŽŶƌŝƚĞƌŝĂϭ͘ ^ŝnjĞ͕ŽƉƉŽƌƚƵŶŝƚŝĞƐĨŽƌĞdžƉĂŶƐŝŽŶ;ĚĞŵĂŶĚĂŶĂůLJƐŝƐŝĚĞŶƚŝĨŝĞĚƵƉƚŽϮϰ͕ϬϬϬƐĨŐƌŽƐƐͿϮ͘ ĐĐĞƐƐŝďŝůŝƚLJ;ƉŚLJƐŝĐĂůĂŶĚƉƐLJĐŚŽůŽŐŝĐĂůͿʹ ĐĂƌ͕ƉĞĚĞƐƚƌŝĂŶ͕ƉƵďůŝĐƚƌĂŶƐŝƚ͕ďŝĐLJĐůĞϯ͘ sŝƐŝďŝůŝƚLJĨƌŽŵŚŝŐŚǁĂLJƐŽƌŵĂũŽƌƚŚŽƌŽƵŐŚĨĂƌĞƐϰ͘ ďŝůŝƚLJƚŽĐƌĞĂƚĞĂǁĞůĐŽŵŝŶŐƉƵďůŝĐƐƉĂĐĞĨŽƌƚŚĞĞŶƚŝƌĞĐŽŵŵƵŶŝƚLJϱ͘ ŶǀŝƌŽŶŵĞŶƚ͗ĂƚƚƌĂĐƚŝǀĞŶĞƐƐŽĨƐƵƌƌŽƵŶĚŝŶŐĂƌĞĂ͖ĂďŝůŝƚLJƚŽĐƌĞĂƚĞƵŶŝƋƵĞĚĞƐƚŝŶĂƚŝŽŶϲ͘ ŽŶƐƵŵĞƌƉƌĞĨĞƌĞŶĐĞƐ;ƐƵƌǀĞLJͿϳ͘ WĂƌŬŝŶŐ;ƉĞĂŬĚĞŵĂŶĚΕϮϬϬƐƉĂĐĞƐͿϴ͘ ^ƵƉƉŽƌƚŝǀĞĐŽŶƚĞdžƚ͕ƉĂƌƚŝĐƵůĂƌůLJŽƚŚĞƌĨŽŽĚďƵƐŝŶĞƐƐĞƐϵ͘ /ŵƉĂĐƚŽŶWĂƐĐŽ&ĂƌŵĞƌƐ͛DĂƌŬĞƚϭϬ͘ ŝƌĐƵůĂƚŝŽŶĂŶĚůŽĂĚŝŶŐĚŽĐŬƐϭϭ͘ ĂƐĞĂŶĚĐŽƐƚƚŽƐĞĐƵƌĞ͕ŽǁŶĞƌƐŚŝƉŽƌůĞĂƐĞĚƵƌĂƚŝŽŶϭϮ͘ ŽƐƚŽĨĚĞǀĞůŽƉŵĞŶƚͬƉƵďůŝĐƐƵďƐŝĚLJϭϯ͘ dŝŵĞůŝŶĞͬĐŽŵƉůĞdžŝƚLJŽĨĚĞǀĞůŽƉŵĞŶƚϭϰPage 17 of 130
3DVFR3XEOLF0DUNHW)HDVLELOLW\6WXG\0DUNHW9HQWXUHV,QF^ŝƚĞ^ĞůĞĐƚŝŽŶDĂƚƌŝdžtĞŝŐŚƚĞĚ^ĐŽƌĞƌŝƚĞƌŝĂDĂƌŝŶĞdĞƌŵŝŶĂůŽǁŶƚŽǁŶWĂƐĐŽWŽŝŶƚĚŝĨĨĞƌĞŶƚŝĂů^ŝƚĞĐŚĂƌĂĐƚĞƌŝƐƚŝĐƐ^ŝnjĞ͕ŽƉƉŽƌƚƵŶŝƚŝĞƐĨŽƌĞdžƉĂŶƐŝŽŶ ϭϬϬ ϴϬ ϮϬĐĐĞƐƐŝďŝůŝƚLJ ϳϬ ϲϬ ϭϬsŝƐŝďŝůŝƚLJ ϯϱ ϮϬ ϭϱďŝůŝƚLJƚŽĐƌĞĂƚĞĂǁĞůĐŽŵŝŶŐƉƵďůŝĐƐƉĂĐĞ ϱϬ ϯϱ ϭϱŶǀŝƌŽŶŵĞŶƚͬĂƚƚƌĂĐƚŝǀĞŶĞƐƐŽĨŶĞĂƌďLJĂƌĞĂ ϰϬ Ϯϱ ϭϱŽŶƐƵŵĞƌƉƌĞĨĞƌĞŶĐĞƐ ϳϬ ϯϬ ϰϬWĂƌŬŝŶŐ ϰϬ Ϯϰ ϭϲ^ƵƉƉŽƌƚŝǀĞĐŽŶƚĞdžƚ ϮϬ ϯϱ Ͳϭϱ/ŵƉĂĐƚŽŶWĂƐĐŽ&ĂƌŵĞƌƐ͛DĂƌŬĞƚ ϮϬ ϱϬ ͲϯϬŝƌĐƵůĂƚŝŽŶĂŶĚůŽĂĚŝŶŐĚŽĐŬƐ Ϯϱ ϯϱ ͲϭϬ^ƵďƚŽƚĂůϰϳϬ ϯϵϰ ϳϲĞǀĞůŽƉŵĞŶƚĂƐĞĂŶĚĐŽƐƚƚŽƐĞĐƵƌĞ ϱϬ ϰϬ ϭϬŽƐƚƚŽĚĞǀĞůŽƉ ϲϬ ϭϬϱ ͲϰϱdŝŵĞůŝŶĞͬĐŽŵƉůĞdžŝƚLJŽĨĚĞǀĞůŽƉŵĞŶƚ ϯϲ ϵϲ ͲϲϬ^ƵďƚŽƚĂůϭϰϲ Ϯϰϭ ͲϵϱdŽƚĂů ϲϭϲ ϲϯϱ ͲϭϵϭϱPage 18 of 130
3DVFR3XEOLF0DUNHW)HDVLELOLW\6WXG\0DUNHW9HQWXUHV,QFĞǀĞůŽƉŵĞŶƚ^ƚƌĂƚĞŐŝĞƐϭ͘ &ĞĂƚƵƌĞǀĞŶĚŽƌƐǁŚŽŽĨĨĞƌĂǀŝďƌĂŶƚŵŝdžŽĨŚŝŐŚƋƵĂůŝƚLJĨƌĞƐŚĂŶĚƐƉĞĐŝĂůƚLJĨŽŽĚƐĂŶĚĐƌĂĨƚƐƉƌŽĚƵĐĞĚŝŶ^ŽƵƚŚĞĂƐƚtĂƐŚŝŶŐƚŽŶ͕ĂĐĐŽŵƉĂŶŝĞĚďLJĞƚŚŶŝĐĂůůLJĚŝǀĞƌƐĞƉƌĞƉĂƌĞĚĨŽŽĚĂŶĚĚƌŝŶŬŽĨĨĞƌŝŶŐƐǁŝƚŚĂƉĂƌƚŝĐƵůĂƌĨŽĐƵƐŽŶ,ŝƐƉĂŶŝĐĨŽŽĚƐ͕ ŵĂŬŝŶŐƚŚĞWƵďůŝĐDĂƌŬĞƚĂŐƌĞĂƚƉůĂĐĞƚŽƐŚŽƉĂŶĚĞĂƚϮ͘ DĂŬĞƚŚĞŝŶĚŽŽƌŵĂƌŬĞƚůĂƌŐĞĞŶŽƵŐŚƚŽĂƚƚƌĂĐƚĐƵƐƚŽŵĞƌƐĨƌŽŵĂǁŝĚĞŐĞŽŐƌĂƉŚŝĐĂƌĞĂ͕ďƵƚŶŽƚƐŽůĂƌŐĞƚŚĂƚǁĞĂŬǀĞŶĚŽƌƐĂƌĞƐĞůĞĐƚĞĚũƵƐƚƚŽĨŝůůƐƉĂĐĞϯ͘ ^ƚƌĞƐƐŝŶŶŽǀĂƚŝŽŶĂŶĚŽŶͲƐŝƚĞƉƌŽĚƵĐƚŝŽŶ͕ǁŝƚŚŵĂŶLJƉƌŽĚƵĐƚƐĞŝƚŚĞƌŐƌŽǁŶŽƌŵĂĚĞďLJƚŚĞǀĞŶĚŽƌ͕ĐŽŶƚŝŶƵĂůůLJĐƌĞĂƚŝŶŐƵŶŝƋƵĞĂŶĚƐƉĞĐŝĂůƚLJƉƌŽĚƵĐƚƐŽŶůLJĂǀĂŝůĂďůĞŝŶƚŚĞDĂƌŬĞƚϭϲPage 19 of 130
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AGENDA REPORT
FOR: City Council January 24, 2019
TO: Dave Zabell, City Manager Workshop Meeting: 1/28/19
FROM: Michael Morales, Deputy Director
Community & Economic Development
SUBJECT: Presentation - Colima Sister City Program Work Plan & Cooperation
Agreement
I. REFERENCE(S):
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Presented by Michael Morales, Community & Economic Development Deputy
Director
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
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Pasco-Colima
Cooperation
Agreement
Education
& Training
Public Health
Public
Safety
Social Services
Arts
&
Culture
Tourism
Port to Port
Trade
Opportunities
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Pasco-Colima
Sister City
Steering
Committee
Education
PSD, CBCC,
WSU-TC Public Health
TCCH,
Lourdes &
Kadlec
Foundations
Public Safety
Pasco Fire &
Police
Departments
Social Services
Various
Agencies
Arts & Culture
Patron &
Benefactor Groups
Tourism
Visit Tri-Cities
Wine Associations
Port to Port Trade
Port of Pasco
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AGENDA REPORT
FOR: City Council January 23, 2019
TO: Dave Zabell, City Manager Workshop Meeting: 1/28/19
FROM: Steve Worley, Director
Public Works
SUBJECT: Presentation - Operations Plants
I. REFERENCE(S):
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Presented by Heath Bateman, Division Manager
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
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Superintendent of
Public Works
Division Manager
Water Treatment
Plants x2
Chief WTP Operator
x1
Water Plant Operator
x3
Utility Maintenance
Worker x1
Waste Water
Treatment Plant x1
Lab Tech
x1
Chief WWTP Plant
Operator x1
Waste Water Plant
Operator x6
Utility Maintenance
Worker x2Page 40 of 130
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AGENDA REPORT
FOR: City Council January 23, 2019
TO: Dave Zabell, City Manager Workshop Meeting: 1/28/19
FROM: Zach Ratkai, Director
Administrative & Community Services
SUBJECT: Rivershore Reconveyance Update and Discussion
I. REFERENCE(S):
Powerpoint Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
Unknown at this time.
IV. HISTORY AND FACTS BRIEF:
For the past couple years, the Tri-Cities region, catalyzed by the City of Kennewick
and facilitated through TRIDEC, has been discussing the re-conveyance of the
Columbia River shoreline from Federal control to local agencies.
During the latter part of 2018, Kennewick, Pasco and Richland, in partnership with
TRIDEC each conducted public meetings to present information, gather input, and
gauge overall support for the project on the part of the public.
The Council was updated on the re-conveyance evaluation effort on September 24,
2018 and most recently updated on November 13, 2018 by staff.
Since the last update, TRIDEC initiated a study on a number of underlying concerns
expressed by the cities and counties in the region, based in part on public inpu t from
the three public meetings. This study addresses the following areas of concern:
- Deed Restrictions: What existing deed restrictions exist on current USACE -owned
property?
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- Environmental Review: What Federal environmental regulations would be exempt
during and after the transfer, as well, which applicable state environmental regulations
would remain?
- Tribal Treaties and Rights: How would a potential land transfer impact historical
tribal treaties and rights to the land and river access?
- Federal Flowage Easement Status: Some jurisdictions, including Pasco, have
USACE-controlled flowage easements on parcels away from the rivershore. How
would a potential land transfer impact these easements?
An analysis on these issues was released for review by TRIDEC on January 11th. The
presentation this evening will go through the results of the research in order to provide
the Pasco City Council with a number of options regarding a decision on involvement
in land transfer legislation.
TRIDEC has requested that all jurisdictions potentially interested in pursuing re-
conveyance provide details regarding their support/non-support and the extent of lands
each jurisdiction wishes to have conveyed to TRIDEC by February 8, 2019 in order to
begin drafting legislation in the United State Congress. Should Council direct, staff can
formulate a formal response to TRIDEC to have ready for signature at the February 4,
2019 City Council regular meeting.
V. DISCUSSION:
City staff will present the findings and analysis in order to begin discussion on Pasco's
desired course of action.
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Insert photos from GIS team
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Current Shoreline Page 68 of 130
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Type Cost Pro/Con
Full $$$$PRO: Local control,fewer agencies
CON:All costs ours, WA regs apply,
responsible for private owners
Partial $$PRO: Control of parks/public,familiar w/ lands
CON:
None $PRO: Little budget impact, no new regulations,
processes for maintenance in place
CON: Bureaucratic layers for simple
maintenance, limited improvement capability Page 72 of 130
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AGENDA REPORT
FOR: City Council January 21, 2019
TO: Dave Zabell, City Manager Workshop Meeting: 1/28/19
FROM: Rick White, Director
Community & Economic Development
SUBJECT: Hearing Examiner System for Land Use Permits (MF# CA2018-007)
I. REFERENCE(S):
Proposed Ordinance Amending Title 2 of the PMC
Proposed Ordinance Amending Title 25 of the PMC
Proposed Ordinance Amending Title 26 of the PMC
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion - no action is requested of City Council at this time.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
At the Council Workshop in October 2018, City Council concurred that incorporating
the use of a hearing examiner system for additional responsibilities in land use and
project permitting was a preferred course for the City. City Council also concurred that
the hearing examiner system (including the rendering of final decisions on applicable
land use actions) would increase expediency and decrease liability in land use and
project permitting. Toward that end, staff has prepared revisions to Pasco Municipal
Code Title 2 (Administration and Personnel); Title 25 (Zoning); Title 26 (Pasco Urban
Area Subdivision regulations) and prepared and distributed a Request for Proposals (to
the Washington State Hearing Examiner Association) for additional hearing examiner
duties.
At present, the hearing examiner duties include:
• 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,
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• Appeals of decisions of the Poundmaster and Business license revocations, appeals and
reinstatement.
This past October Council also noted that our neighboring cities (Kennewick,
Richland, Walla Walla and Yakima) use the hearing examiner system in one form or
another.
In November and December of 2018 the Planning Commission conducted a workshop
on expansion of the hearing examiner duties and held a public hearing on the proposed
code revisions necessary to accommodate that process. The Planning Commission
recognized that use of a hearing examiner for additional land use and project permitting
would reserve for the Commission:
• 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 Commission has forwarded a recommendation to Council for approval of the
attached code amendments.
V. DISCUSSION:
The process associated with the Request for Proposals and choice of a hearing examiner is not
yet complete. The attached PMC revisions will be timed and brought back to Council so that
the legislative process of formalizing additional hearing examiner duties is concurrent with the
starting date of the examiner. Staff is providing Council this update and expects to bring the
proposed ordinances back to City Council for action so the additional duties for the hearing
examiner may begin on April 1st this year.
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Page 1 of 6
ORDINANCE NO. ______
AN ORDINANCE relating to the hearing examiner and 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 this 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.
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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:
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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. The examiner may also conduct hearings and prepare
recommendations for City Council consideration of rezone applications.
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) Hear appeals of a Right-of-Way Use Permit, Construction Permit, or the renewal or
conditioning thereof.
G) Other Powers. In the performance of duties prescribed by this Chapter or other
ordinances, examiners may:
1) Administer oaths and affirmations, examine witnesses, rule upon offers of
proof, receive relevant evidence, and conduct discovery procedures which may include
propounding interrogatories and taking oral depositions pursuant to Washington State Court
Rules; PROVIDED, that no person shall be compelled to divulge information which he could
not be compelled to divulge in a court of law.
2) Upon the request of any other party, or upon his own volition, issue, and
cause to be served subpoenas to the attendance of witnesses and for production of
examination of any books, records, or other information in the possession or under the
control of any witness; PROVIDED, that such subpoenas shall state the name and address of
the witness sought, and if for production of books, documents or things, shall specifically
identify the same and the relevance thereof to the issues involved.
3) Regulate the course of the hearing in accordance with this and other
applicable ordinances.
4) Hold conferences for the settlement or simplification of the issues by consent
of the parties.
5) Dispose of procedural requests or similar matters.
6) Take any other action authorized by ordinance. In case of failure or refusal
without lawful excuse of any person duly subpoenaed to attend pursuant to said subpoena, or
to be sworn, or to answer any material and proper question, or to produce upon reasonable
notice any material of proper books or records or other information in his possession and
under his control, the examiner may invoke the aid of the City Attorney who shall apply to
the appropriate court for an order or other court action necessary to secure enforcement of the
subpoena.
7) The examiner is hereby empowered to act in lieu of the Board of Adjustment,
and such officials, boards or commissions as may be assigned. Wherever existing
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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.)
8) The examiner may, as a part of any land use hearing, conduct an unescorted
view of the subject property and shall report on the record the date, time and general location
of the view.
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.
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2.19.110 NOTICE OF EXAMINER'S DECISION. Not later than three (3) working days
following the rendering of a written decision, copies thereof shall be mailed to the applicant and to
the other parties of record in the case. "Parties of record" shall include the applicant and all other
persons who specifically request notice of decision by signing a register provided for such purpose at
the public hearing, or otherwise provide written request for such notice.
2.19.120 APPEAL FROM EXAMINER'S DECISION. Except for impound hearing
decisions provided in PMC 10.18.045, where appeals shall be to the Pasco Municipal Court, all other
decisions of the hearing examiner shall be final and conclusive unless a timely appeal thereof is filed
with the Superior Court of Franklin County by an aggrieved party within twenty-one (21) calendar
days from the date of issuance of the decision in the manner required by law.
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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ORDINANCE NO. ______
AN ORDINANCE relating to use of a hearing examiner 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 Planning Commission Hearing Examiner
who shall after public hearing make his/her recommendation to the City Council 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;
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(3) The City Council may, after receiving the recommendation of the Planning
Commission, designate by ordinance the planned density development and shall require said
designation to be entered on the preliminary 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 Commission meeting open record hearing at which action is desired; on forms provided by
the Planning Officer;
(2) The application shall include a $300 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 a list of the names and addresses of all owners of
property within three hundred (300) feet of the proposed development;
(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.
(j) Location of all utility easements.
(k) Specifications of the water supply, sewage disposal, electrical supply, and
refuse collection systems.
(l) 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.
(o) A vicinity map indicating the names and locations of all streets within at least
a quarter mile radius of the subject 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 Planning Commission. The
application will then continue through the standard special permit process until a special permit is
approved or denied. (Ord. 3354 Sec. 2, 1999.)
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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 Commission 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 hearing examiner. Roofing materials may consist of composition shingles,
standing rib or delta rib, baked enamel metal roofs, or alternate as approved by the Planning
Commission. hearing examiner (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 Special and Conditional Uses;
Preliminary Plats; Planned Unit Developments;
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.
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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
City Planner shall accept such applications only if application shall be accepted only if applicable
filing requirements are met. The City Planner 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 Community Development Department 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:
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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-decision hearing before
the Planning Commission 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 Planning Commission 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 recommendation
to the City Council 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-decision hearing, the hearing examiner
Planning Commission 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 PLANNING COMMISSION 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 Planning Commission 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.)
25.86.070 RECOMMENDATION OF PLANNING COMMISSION. After a open record
pre-decision hearing on a proposed temporary, conditional or unclassified use, the Planning
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Commission shall render a recommendation to the City Council as to whether the proposal be denied,
approved, or approved with modifications and/or conditions. (Ord. 3354 Sec. 2, 1999.)
25.86.080 APPEAL - FILING REQUIREMENTS. (1) Any recommendation of the
Planning Commission regarding a special permit application may be appealed in accordance with one
of the following methods:
(a) Applicant. Within ten calendar days from the date of the Planning
Commission recommendation, the applicant files written appeal with the City Planner stating
the basis of appeal from said recommendation.
(b) Other Person. Within ten calendar days from the date of the Planning
Commission recommendation, any person aggrieved by said decision files written appeal
with the City Planner stating the harm to be experienced by such person as a result of the
Planning Commission's recommendation.
(c) A proper and timely filed appeal shall cause the City Council to schedule a
closed record hearing, notice of which shall be given in accordance with Section 25.88.040 to
consider the appeal of the Planning Commission's recommendation.
(2) Either method of appeal shall include payment of an appeal fee in the amount of one
hundred dollars ($100) at the time of filing said appeal. (Ord. 3354 Sec. 2, 1999.)
25.86.090 CITY COUNCIL CONSIDERATION. (1) Unless a proper and timely appeal
is filed or the City Council by majority vote deems further review is necessary, the recommendation
of the Planning Commission shall be effected by proper action of the City Council without further
review. In the event the City Council deems further review is necessary, it shall conduct a closed
record hearing, notice of which shall be given in accordance with Section 25.88.040;
(2) In those cases, which require further review, the City Council shall at the conclusion
of a closed record hearing make and enter findings of fact and take one of the following actions:
(a) Approve the special permit with or without conditions.
(b) Deny the special permit. (Ord. 3354 Sec. 2, 1999.)
25.86.100 EFFECTIVE DATE. Special permits shall become effective on the day after the
date of the decision of the City Council. (Ord. 3354 Sec. 2, 1999.)
25.86.120 EXTENSIONS. The City Council hearing examiner may grant a one-time
extension without a public hearing provided the extension does not exceed six months and an
application for extension is submitted to the City Planner hearing examiner 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 City
Council 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 decision of the City Council is final. (Ord. 3354
Sec. 2, 1999.)
Section 6. The following Section of Chapter 25.88 entitled “Notice Requirements” of
the Pasco Municipal Code shall be and hereby is amended and shall read as follows:
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25.88.040 NOTICE REQUIREMENTS. At least ten 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 _________________, 2019.
__________________________________
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________________ __________________________________
Daniela Erickson, City Clerk Leland B. Kerr, City Attorney
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ORDINANCE NO. ______
AN ORDINANCE relating to use of a hearing examiner and
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-decision hearing
before the hearing examiner Planning Commission at the next regular meeting for which adequate
notice can 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 pre-decision 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 90 of 130
Page 2 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 PLANNING COMMISSION RECOMMENDATION. After a open record
pre-decision hearing on a proposed preliminary plat, the Planning Commission shall render a
recommendation within fourteen (14) days to the City Council as to whether the proposal based on
the findings shall be denied, approved or approved with modifications or conditions. (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.)
26.24.080 CITY COUNCIL CONSIDERATION. (1) Unless a proper and timely appeal
is filed or the City Council by majority vote deems further review is necessary, the recommendation
of the Planning Commission shall be confirmed by a resolution of the City Council without further
review. In the event of an appeal or the City Council deems further review is necessary, it shall
conduct a closed record hearing, notice of which shall be given in accordance with Section
26.24.050.
(2) In those cases that require further review, the City Council shall at the conclusion of
such a closed record hearing make and enter findings of fact following the review criteria of
26.24.070 and take one of the following actions:
(a) Approve the preliminary plat with or without conditions;
(b) Deny the preliminary plat. (Ord. 3398 Sec. 2, 1999.)
Page 91 of 130
Page 3 of 5
26.24.090 NOTICE OF DECISION. Following adoption of a resolution approving or
denying a preliminary plat, the applicant shall be notified of the City Council’s hearing examiner’s
action. The notice shall be accompanied by a copy of the adopted resolution and shall also inform
the applicant of applicable time limitations for final plat submittal if the preliminary plat was
approved. The approved preliminary plat does not constitute an acceptance of the subdivision, but is
deemed to be an authorization to proceed with preparation of the final plat. (Ord. 3398 Sec. 2, 1999.)
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 Planner 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 mylar 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 92 of 130
Page 4 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.
(j) 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 _________________, 2019.
__________________________________
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
Page 93 of 130
Page 5 of 5
__________________________________ __________________________________
Daniela Erickson, City Clerk Leland B. Kerr, City Attorney
Page 94 of 130
AGENDA REPORT
FOR: City Council January 25, 2019
TO: Dave Zabell, City Manager Workshop Meeting: 1/28/19
FROM: Rick White, Director
Community & Economic Development
SUBJECT: Comprehensive Plan Update Process
I. REFERENCE(S):
Resolution 3845
PowerPoint Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
Franklin County and Pasco are required to update their respective Comprehensive
Plans through the Growth Management Act. A key component of that update is
accommodation of the city’s 20 year population forecast (an additional 51,000 people
by the year 2038) which is officially transmitted to the City through Franklin County.
That transmittal was received in mid-January of 2018.
As a first step in the process, City Council adopted the initial proposed urban
expansion area, consistent with the Planning Commission recommendation, through
Resolution 3845. This enabled staff to submit the application to Franklin County for
consideration.
In August and September of this year, the Franklin County Planning Commission held
a workshop and public meeting to discuss the City of Pasco’s proposal which includes
an additional 4,800 acres of property, generally north and west of the existing urban
area to accommodate the OFM population forecast. That proposal caused a number of
issues and concern from state agencies and special interest groups.
It was decided that in order to minimize the risk of a last minute appeal of the entire
Page 95 of 130
Comprehensive Plan update to the Growth Management Hearing Board, a prudent and
logical step in the update process is the preparation of a non-project environmental
impact statement (EIS).
V. DISCUSSION:
The EIS process allows for additional detail in the land capacity analysis – which
addresses concerns of state agencies; additional opportunities for public meetings and
input (Planning Commission, City Council, Franklin County Planning Commission,
and likely, the County Commissioners) and preparation of several alternatives for the
initial 4800 - acre expansion. The process associated with preparation of an EIS will
work greatly in the City’s favor should an appeal occur.
The EIS process includes development of a “no action” alternative - use of the City's
existing UGA to accommodate our 20 year growth; a second alternative - use of the
UGA proposal approved by Resolution 3845 and a third alternative consisting of a
lessor expansion area and higher densities. This will allow the land capacity analysis,
traffic impact analysis and utility coordination to be further detailed for each alternative
which will provide the Planning Commission and Council, state agencies and affected
special interest groups additional information.
The timeframe for this process to occur is by the end of Summer 2019. That timeframe
will need to accommodate a 30-day comment period once the draft EIS is released and
the required 60-day review associated with the Washington State Department of
Commerce for the final update product.
The City's consulting team and staff will provide an update report/presentation to
Council.
Page 96 of 130
RESOLUTION NO. 5
A RESOLUTION DECLARING THE PREFERRED URBAN GROWTH
BOUNDARY FOR THE CITY OF PASCO.
WHEREAS, the City of Pasco and Franklin County are planning under the State
Growth Management Act(GMA) of 1990 as amended; and
WHEREAS, The GMA (RCW 36.70A.110) requires the establishment of Urban
Growth Areas (UGA); and
WHEREAS, each city located in Franklin County must be included within a
UGA; and
WHEREAS, UGA's may include portions of the County already characterized by
urban growth or adjacent to urban growth; and
WHEREAS, the proposed UGA boundary includes a portion of the Clark
Addition, the Desert Drive Area, the Byers Road Area the McDonald Road Area and the
Douglas Fruit facilities which are areas characterized by urban type development; and
WHEREAS, the proposed UGA boundary is adjacent to the north City limits
where schools, schools sites, roads and utilities exits to serve future urban growth in the
proposed UGA; and
WHEREAS, per RCW 36.70a.110 UGA's are to include a sufficient area of land
to accommodate forecasted growth for a 20 year planning period; and
WHEREAS, forecasted growth is determined by population projections provided
by the State Office of Financial Management(OFM); and
WHEREAS, OFM projections indicate Pasco's population will increase by
approximately 50,000 for a total population of 121,828 by the year 2038; and,
WHEREAS, to address the OFM population projections over 15,000 new
residential dwelling units will need to be constructed in Pasco over the next 20 years; and
WHEREAS, based on available land the current UGA can only accommodate
another 5,000 dwelling units or over 16,000 new residents; and
WHEREAS, it is necessary to expand the UGA to accommodate over 10,000 new
dwelling units by the year 2018; and
WHEREAS, in addition to providing land for anticipated housing RCW
36.70a.110 suggests the UGA must also include areas sufficient to accommodate the
Page 1 of 3
Page 97 of 130
broad range of needs and uses that will accompany the projected urban growth including
medical, governmental, institutional, commercial, service, retail, other nonresidential
uses,parks, greenbelts and open space; and
WHEREAS, State and local housing goals encourage the provision of affordable
housing(RCW 36.70A.210(3)e&County Policy#6)within the community; and
WHEREAS, due to the lack of land within the current UGA land prices have
significantly risen recently, as indicated by sales records recorded in the Franklin County
Courthouse, impacting the affordability of housing; and
WHEREAS, to meet State and local goals to encourage affordable housing the
Pasco UGA needs to be expanded; and
WHEREAS, the proposed UGA expansion area is constrained on the north by
prime irrigated agricultural resource lands making it difficult to provide the area
necessary to fully accommodate the OFM projected growth; and
WHEREAS, reducing or removing areas from the proposed UGA will not enable
the City to meet the mandate (RCW 36.70a.110) of providing sufficient lands for
projected urban growth including the requirement to provide for a broad range of land
uses; and
WHEREAS, removing developable lands adjacent to but not encumbered by the
Airport Overlay zones will reduce the City ability to meet the mandates and goals of the
Growth Management Act that requires the City to provide enough land to accommodate
OFM growth projections and address needs for affordable housing; and
WHEREAS, the City has met the need to protect the operations of the Tri-Cities
Airport by enacting zoning regulations that implement RCW 36.70.547 that address land
use compatibility concerns near the airport; and
WHEREAS, Pasco's Airport Overlay regulations incorporate both Federal
Aviation Regulation Part 77 requirements and the recommendations of the WSDOT
Airport and Compatible Land Use Guide Book; and
WHEREAS, on February 15, 2018 and April 19, 2018 the Planning Commission
held workshop to study and discuss the need for expanding the Pasco UGA; and
WHEREAS, on April 9, 2018 and June 11, 2018 the Pasco City Council held a
workshops to discuss the Comprehensive Plan and the UGA; and
WHEREAS, on May 9, 2018 City staff met with property owners within the
proposed UGA boundaries to receive feedback from the owners and answer questions
about the need to expand the UGA to accommodate the OFM population projections; and
WHEREAS, on May 17, 2018 Pasco Planning Commission held a public hearing
to receive public input on the proposed Pasco UGA; and
Page 2 of 3
Page 98 of 130
WHEREAS, the Pasco City Council has determined the Pasco Urban Growth
Area boundary must be expanded to permitted the City to properly plan for future growth
and meet the requirements of the Growth Management Act; NOW THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
Section 1. That the boundary identified in Exhibit "1" is the preferred
boundary for the Pasco Urban Growth Area.
Section 2. That this resolution be forwarded to Franklin County for its due
consideration of the City Council's request for desired the UGA boundary as identified in
Exhibit"1".
Passed by the City Council of the City of Pasco this
18t1i day of June 2018.
1449 ///
Matt Watkins, Mayor
ATTEST:APP ED AS TO FORM:
414 A_ .1 l
Daniela Erickson Leland B. Kerr, City Attorney
City Clerk
Page 3 of 3
Page 99 of 130
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11Page 100 of 130
January 28, 2019
City of Pasco
Comprehensive Plan Update
Pasco City Council Workshop
Oneza & Associates
In partnership with:
White Bluffs Consulting and J-U-B Engineers
Page 101 of 130
Council reviewed goals and policies in
2018
Proposed UGA expansion
Plan elements are being updated
Integrate with other planning efforts
(e.g. Broadmoor Sub-area Plan)
Background
Page 102 of 130
Broad categories:
Address water rights
Discuss flexibility of the plan and
implementation
Address current challenges regarding infill,
such as lack of sewer, public right of way,
incoherent street system
Acknowledge economic development efforts
with Port of Pasco and TRIDEC
City Council Direction
Page 103 of 130
Specific goals and policies:
Land use designations clarification
Avoid giving up existing commercial land for
residential development
Clarifications in certain policies regarding
applicability (e.g. some policies may not be
appropriate for each neighborhood)
Avoid conflicts in policies, e.g. housing and
land use policies
City Council Direction
Page 104 of 130
Specific goals and policies review:
Capital facilities and mitigation
Transportation –Level of Service (LOS)
standards, bicycle planning, landscaping
Economic development –flexibility in
redevelopment
City Council Direction
Page 105 of 130
Initial UGA Expansion Proposal
Population projected to increase by
48,238 (by 2038 based on OFM data)
City proposed UGA expansion of 4800
acres for additional growth
Raised questions from State agencies,
special interest groups and public Page 106 of 130
Initial UGA Expansion Proposal
Page 107 of 130
Considers range of alternatives and
effects
Considers impacts on physical and
natural affected environment
Addresses land capacity analysis in
greater detail
Provides additional opportunities for
public and agency input
Development of an EIS
Page 108 of 130
A new alternative being developed:
Higher density development
Requires less area for expansion
Three alternatives
Alternative 1: No-action
Alternative 2: Traditional Growth Target
(Original UGA Expansion Proposal)
Alternative 3: Compact Growth Target
(Modified UGA Expansion Proposal)
EIS Alternatives
Page 109 of 130
Scoping notice issued in September
and comments received in November
2018
Comments have been reviewed
Comments compiled and being
addressed in draft EIS
A land capacity analysis being
developed
EIS Process
Page 110 of 130
Support for preparing EIS
Higher density alternative
Transportation system (roads/airport)
and other infrastructure impacts
Characterize impacts to agriculture
lands and critical areas/shrub steppe
Consider employment forecast and
regional availability of industrial lands
EIS Scoping Comments
Page 111 of 130
Conduct detailed land capacity and
densities analysis
Characterize impacts on existing water
rights and needs/deficiencies
Evaluate affordable housing effects
Characterize air quality effects
EIS Scoping Comments
Page 112 of 130
Pasco to grow to accommodate additional 48,238
persons (from 2018 to 2038 based on OFM data)
Identifies vacant and under-utilized land in the
City and UGA
Considers Broadmoor areas development capacity
Current capacity -population to accommodate in
the City, existing UGA and Broadmoor –about
29,600 persons
Still need to accommodate additional 18,609
persons and related businesses and services
Land Analysis: supply
Page 113 of 130
Land Analysis: demand
Low Density Residential –appx. 1600 acres
Mixed Density Residential –appx. 250 acres
High Density Residential –appx. 100 acres
Commercial -appx. 450 acres
Public Facilities -appx. 250 acres
Parks and Recreation -appx. 250 acres
Industrial –appx. 650 acres (moving industrial land from
County into City to improve available services/utilities/infrastructure)
A total of about 3,550 acres neededPage 114 of 130
EIS Alternative 1: No Action
Existing land use and UGA, no expansion for the 20 year growthPage 115 of 130
EIS Alternative 2: Traditional Growth
•UGA expansion for the 20 year growth in a traditional pattern
•Approximately 4800 acres proposedPage 116 of 130
EIS Alternative 3: Compact Growth
•UGA expansion for the 20 year growth in a higher density growth pattern
•Approximately 3600 acres proposed
•10 year and 20 years growth Page 117 of 130
EIS Alternative 3: Compact Growth
•UGA expansion for the 20 year growth in a higher density growth pattern
•Approximately 3600 acres proposed
•10 year and 20 year boundariesPage 118 of 130
EIS Alternative 3: Compact Growth
Potential public facilities and parks land
-Consisting of about 15% of the proposed UGA
-About 28% of the residential land
Low density –42%
Mixed Residential –10%
High density –4%
Commercial –10%
Industrial –19%
Parks and public land –15%
* Includes rowPage 119 of 130
EIS Alternatives UGA Comparisons
Page 120 of 130
Traffic and Utilities
Evaluation of infrastructure needs
Local Improvement District
New lift station in the UGA area
New Roads and improvement of
existing roads
Cost estimates
Page 121 of 130
Public Participation
Timeline in 2018
EIS Alternatives
DEIS
Development and
Plan Update
Adoption
Jan-Feb Jan -May
SEPA
Commerce review
Sept -Oct
UGA application to County
Page 122 of 130
Next Steps
Address future growth, and facilities
needed –transportation, water, sewer
Issue draft EIS and Comp Plan –May
2019
UGA expansion application to County -
May-June 2019
Department of Commerce 60-day review
–June-July 2019
Planning Commission Public Hearing –
September 2019
Council adoption –Sept-Oct 2019Page 123 of 130
AGENDA REPORT
FOR: City Council January 16, 2019
TO: Dave Zabell. City Manager Workshop Meeting: 1/28/19
FROM: Steve Worley, Public Works Director
Public Works
SUBJECT: Bid Award - 14001 Harris Road Sewer Transmission Main
I. REFERENCE(S):
Vicinity Map
Bid Tabulation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Discussion
III. FISCAL IMPACT:
Fund 450 Sewer - Fund Balance $ 90,747
Fund 450 Sewer - 2017 Revenue Bond $ 3,890,733
Fund 411 Water - Capital Expansion Fee* $ 400,000
Total Project Funding $ 4,381,480
*Budget supplement requested to build an additional water crossing under freeway.
IV. HISTORY AND FACTS BRIEF:
This project includes installation of approximately 4,000 linear feet of PVC gravity
sewer transmission main, two (2) trench-less boring(s) under WSDOT’s right-of-way
on Interstate 182, and pavement restoration of portions of Court Street, Road 111, and
Harris Road, as necessary.
V. DISCUSSION:
On January 11, 2018, the City received six (6) bids for construction of the project.
For clarification; the (base) bid included full width surface restoration of Harris Road
Page 124 of 130
and no allowance of road closure for Harris Road. Alternate B1 allowed for either a
credit or debit of paving only half of Harris Road. Alternate C1 allowed for a credit
allowing for road closure during construction.
With the low (base) bid offers the best final product (full road width restoration) and
Alternate B1 being a credit of only $11,077.71 (Half road width surface restoration on
Harris Road) as well as Alternate C1 begin a credit of only $17, 937.71 (Credit back to
the City to allow full closure of Harris Road) and considering the local residential and
commercial traffic that utilizes Harris Road, the recommendation is to award the low
(base) bid without alternates.
The low (base) bid, without alternate bid items B1 or C1, was from Culbert
Construction, Inc. in the amount of $2,412,115.89. The Engineer's construction
estimate was $3,998,364.21.
This is a critical project, as determined by Council, associated with the 2018-2019
Economic Vitality Goals. Specifically "completion of the Broadmoor sub-area plan
and environmental analysis, including plan for needed utilities, and transportation
improvements."
This project is included in the City's 2019-2024 Capital Improvement Plan with an
expected completion date in 2019.
Staff reviewed the bid submittal and found no exceptions or irregularities existed.
Therefore, Staff recommends award of the contract to Culbert Construction, Inc. of
Pasco, Washington.
Page 125 of 130
PROJECT VICINITY MAP
HARRIS R OAD
Page 126 of 130
Page 127 of 130
FILE: BID DATE: FEBRUARY 28, 2017 20th Ave Safety Improvements Bid Summary.pub SHEET of 2 4 Contract No.: CP5-ST-3A-14-06 Fed. Aid No.: HSIP-3551(004) Continued from Previous Sheet CITY OF PASCO N. 20th Ave Safety Improvements Project No. 14006 FILE: BID DATE: JANUARY 11, 2019 Harris Road Sewer Transmission Main Bid Summary.pub Contract No.: CP7-SE-2A-14-02 CITY OF PASCO Harris Road Sewer Transmission Main Project No. 14001 BID SUMMARY Culbert Harris Road Sewer Transmission Main ENGINEER'S Construction, Inc. C & E Trenching Apollo, Inc. Project No. 14001 ESTIMATE Pasco, WA Pasco, WA Kennewick, WA City Contract Number: CP7-SE-2A-14-02 Item Bid Security 5% Bid Bond 5% Bid Bond 5% Bid Bond No. ITEM QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 22 Plastic Stop Line 16 LF 20.00 320.00 30.75 492.00 10.92 174.72 10.92 174.72 23 Protection & Support of Existing Utilities 1 LS 100,000.00 100,000.00 21,798.50 21,798.50 5,462.12 5,462.12 5,462.12 5,462.12 24 Minor Change Force Account 1 LS 20,000.00 20,000.00 20,000.00 20,000.00 20,000.00 20,000.00 20,000.00 20,000.00 25 Record Drawings 1 LS 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 26 PVC Pipe for Irrigation Main 8 In. Diam 595 LF 75.00 44,625.00 33.15 19,724.25 16.37 9,740.15 16.37 9,740.15 27 Removal of Structures and Obstructions 1 LS 41,000.00 41,000.00 76,595.87 76,595.87 44,869.16 44,869.16 44,869.16 44,869.16 28 Crushed Surfacing Base Course 3,120 TON 40.00 124,800.00 23.50 73,320.00 34.56 107,827.20 34.56 107,827.20 29 Crushed Surfacing Top Course 1,290 TON 45.00 58,050.00 45.77 59,043.30 51.43 66,344.70 51.43 66,344.70 30 HMA Cl. 1/2" Pg 64-22 1,300 TON 100.00 130,000.00 80.38 104,494.00 107.88 140,244.00 107.88 140,244.00 31 Project Temporary Traffic Control 1 LS 100,000.00 100,000.00 112,751.34 112,751.34 93,385.90 93,385.90 93,385.90 93,385.90 Subtotal $3,681,735.00 $2,221,101.19 $2,325,688.42 $2,325,688.42 Washington State Sales Tax 8.6% $ 316,629.21 $ 191,014.70 $ 200,009.20 $ 200,009.20 Base Bid Total $3,998,364.21 $2,412,115.89 $2,525,697.62 $2,525,697.62 Bid Alternate B1 $ 80,000.00 $ (11,077.71) $ 25,000.00 $ 65,500.00 Bid Alternate C1 $ (150,000.00) $ (17,937.71) $ (32,000.00) $ (26,000.00) Page 128 of 130
FILE: BID DATE: FEBRUARY 28, 2017 20th Ave Safety Improvements Bid Summary.pub SHEET of 3 4 Contract No.: CP5-ST-3A-14-06 Fed. Aid No.: HSIP-3551(004) Continued from Previous Sheet CITY OF PASCO N. 20th Ave Safety Improvements Project No. 14006 FILE: BID DATE: JANUARY 11, 2019 Harris Road Sewer Transmission Main Bid Summary.pub Contract No.: CP7-SE-2A-14-02 CITY OF PASCO Harris Road Sewer Transmission Main Project No. 14001 BID SUMMARY Big D's DW Harris Road Sewer Transmission Main ENGINEER'S Construction Rotschy, Inc. Excavating, Inc. Project No. 14001 ESTIMATE Pasco, WA Vancouver, WA Davenport, WA City Contract Number: CP7-SE-2A-14-02 Item Bid Security 5% Bid Bond 5% Bid Bond 5% Bid Bond No. ITEM QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 1 Mobilization 1 LS 325,000.00 325,000.00 325,000.00 325,000.00 255,000.00 255,000.00 249,000.00 249,000.00 2 Pothole Existing Utility 8 EA 1,000.00 8,000.00 2,000.00 16,000.00 500.00 4,000.00 933.00 7,464.00 3 PVC Sanitary Sewer Pipe 30 In. Diam. 3,994 LF 275.00 1,098,350.00 169.00 674,986.00 165.00 659,010.00 212.00 846,728.00 4 PVC Sanitary Sewer Pipe 12 In. Diam. 45 LF 100.00 4,500.00 138.00 6,210.00 110.00 4,950.00 200.00 9,000.00 5 PVC Sanitary Sewer Pipe 8 In. Diam. 25 LF 250.00 6,250.00 110.00 2,750.00 100.00 2,500.00 220.00 5,500.00 6 HDPE Sanitary Sewer Pipe 36 In. Diam. 387 LF 100.00 38,700.00 171.00 66,177.00 160.00 61,920.00 226.00 87,462.00 7 Schedule A Culv. Pipe 12 In. Diam 275 LF 30.00 8,250.00 30.00 8,250.00 30.00 8,250.00 63.00 17,325.00 8 Trenchless Crossing and Casing for Sewermain (I-182) 366 LF 1,315.00 481,290.00 924.00 338,184.00 1,060.00 387,960.00 973.00 356,118.00 9 Manhole 60 In. Diam. Type 1 17 EA 20,000.00 340,000.00 9,000.00 153,000.00 7,500.00 127,500.00 7,400.00 125,800.00 10 Manhole Additional Height 60 In. Diameter 110 LF 550.00 60,500.00 100.00 11,000.00 25.00 2,750.00 117.00 12,870.00 11 Manhole 72 In. Diam. Type 1 2 EA 25,000.00 50,000.00 14,000.00 28,000.00 9,200.00 18,400.00 10,000.00 20,000.00 12 Manhole Additional Height 72 In. Diameter 9 LF 600.00 5,400.00 100.00 900.00 35.00 315.00 360.00 3,240.00 13 Gravel Backfill for Pipe Zone Bedding 2,180 TON 35.00 76,300.00 30.00 65,400.00 15.00 32,700.00 38.00 82,840.00 14 Erosion/Water Pollution Control 1 LS 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 15 Temporary Barriers 400 LF 25.00 10,000.00 10.00 4,000.00 28.00 11,200.00 28.00 11,200.00 16 Roadway Surveying 1 LS 10,000.00 10,000.00 137,200.00 137,200.00 68,000.00 68,000.00 135,000.00 135,000.00 17 Roadside Cleanup 1 LS 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 10,000.00 18 Trenchless Crossing and Casing for Future Watermain (I-182) 366 LF 1,100.00 402,600.00 565.00 206,790.00 625.00 228,750.00 1,328.00 486,048.00 19 Shoring or Extra Excavation Class B 1 LS 100,000.00 100,000.00 125,000.00 125,000.00 11,000.00 11,000.00 77,000.00 77,000.00 20 High Visibility Fence 520 LF 10.00 5,200.00 6.00 3,120.00 4.00 2,080.00 3.00 1,560.00 21 Plastic Line 3,800 LF 2.00 7,600.00 2.00 7,600.00 1.50 5,700.00 1.67 6,346.00 Page 129 of 130
FILE: BID DATE: FEBRUARY 28, 2017 20th Ave Safety Improvements Bid Summary.pub SHEET of 4 4 Contract No.: CP5-ST-3A-14-06 Fed. Aid No.: HSIP-3551(004) Continued from Previous Sheet CITY OF PASCO N. 20th Ave Safety Improvements Project No. 14006 FILE: BID DATE: JANUARY 11, 2019 Harris Road Sewer Transmission Main Bid Summary.pub Contract No.: CP7-SE-2A-14-02 CITY OF PASCO Harris Road Sewer Transmission Main Project No. 14001 BID SUMMARY Big D's DW Harris Road Sewer Transmission Main ENGINEER'S Construction Rotschy, Inc. Excavating, Inc. Project No. 14001 ESTIMATE Pasco, WA Vancouver, WA Davenport, WA City Contract Number: CP7-SE-2A-14-02 Item Bid Security 5% Bid Bond 5% Bid Bond 5% Bid Bond No. ITEM QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 22 Plastic Stop Line 16 LF 20.00 320.00 12.00 192.00 10.00 160.00 37.00 592.00 23 Protection & Support of Existing Utilities 1 LS 100,000.00 100,000.00 112,000.00 112,000.00 34,000.00 34,000.00 30,000.00 30,000.00 24 Minor Change Force Account 1 LS 20,000.00 20,000.00 20,000.00 20,000.00 20,000.00 20,000.00 20,000.00 20,000.00 25 Record Drawings 1 LS 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 5,000.00 26 PVC Pipe for Irrigation Main 8 In. Diam 595 LF 75.00 44,625.00 24.00 14,280.00 35.00 20,825.00 35.00 20,825.00 27 Removal of Structures and Obstructions 1 LS 41,000.00 41,000.00 94,000.00 94,000.00 50,000.00 50,000.00 100.00 100.00 28 Crushed Surfacing Base Course 3,120 TON 40.00 124,800.00 18.00 56,160.00 18.00 56,160.00 29.00 90,480.00 29 Crushed Surfacing Top Course 1,290 TON 45.00 58,050.00 20.00 25,800.00 20.00 25,800.00 29.00 37,410.00 30 HMA Cl. 1/2" Pg 64-22 1,300 TON 100.00 130,000.00 80.00 104,000.00 105.00 136,500.00 88.85 115,505.00 31 Project Temporary Traffic Control 1 LS 100,000.00 100,000.00 136,000.00 136,000.00 110,000.00 110,000.00 155,000.00 155,000.00 Subtotal $3,681,735.00 $2,766,999.00 $2,370,430.00 $3,035,413.00 Washington State Sales Tax 8.6% $ 316,629.21 $ 237,961.91 $ 203,856.98 $ 261,045.52 Base Bid Total $3,998,364.21 $3,004,960.91 $2,574,286.98 $3,296,458.52 Bid Alternate B1 $ 80,000.00 $ 60,000.00 $ (30,000.00) $ (40,000.00) Bid Alternate C1 $ (150,000.00) $ (55,000.00) $ (10,000.00) $ (30,000.00) Page 130 of 130