HomeMy WebLinkAbout02-21-2019 Planning Commission Meeting PacketAGENDA
PLANNING COMMISSION MEETING
City Hall — 525 North Third Avenue — Council Chambers
THURSDAY, FEBRUARY 21, 2019
7:00 PM
I. CALL TO ORDER:
II. ROLL CALL:
III. PLEDGE OF ALLEGIANCE
IV. APPROVAL OF MINUTES:
V. OLD BUSINESS:
A. Code Amendment
VI. PUBLIC HEARINGS:
Declaration of Quorum
January 17, 2019
Temporary Shelter (MF# CA 2018-001)
A. Special Permit Location of New Fire Station #83 (TCA Architecture) (MF# SP
2019-001
B. Code Amendment Shared Street Frontages (MF# CA 2018-008)
C. Code Amendment Minimum Lot Size and Frontage in Residential Zones (MF# CA
2017-009
D. Code Amendment Expansion of Non -Conforming Uses (MF# CA 2018-006) —
Withdrawn
VII.
WORKSHOP:
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.
CALL TO ORDER:
The meeting was called to order at 7:00pm by Chairperson Roach.
Commissioners Present: Zahra Roach (Chair), Isaac Myhrum (Vice -Chair), Tanya Bowers, Joseph Campos,
Paul Mendez, Abel Campos, Pam Bykonen
Staff Present: Rick White (Community & Economic Development Director), Michael Morales (Community &
Economic Development Deputy Director), Jacob B. Gonzalez (Senior Planner), Krystle Shanks
(Administrative Assistant II)
MEETING VIDEO ON DEMAND:
This meeting in its entirety has been posted and can 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.
APPROVAL OF MINUTES:
Commissioner Myhrum moved, seconded by Commissioner Bowers that the minutes dated December 20,
2018 be approved as amended. The motion passed unanimously.
OLD BUSINESS:
A. Rezone
Rezone from R-2 (Medium Density Residential) to R-3 (Medium
Density Residential) (Knutzen Engineering) (MF# Z 2018-008)
Chairperson Roach read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the rezone application from R-2 to R -
Planning Commission Meeting Page 1 January 17, 2019
MINUTES
'
1 i 1 I
PLANNING COMMISSION MEETING
City Hall — 525 North Third Avenue — Council Chambers
THURSDAY, JANUARY 17, 2019
7:00 PM
CALL TO ORDER:
The meeting was called to order at 7:00pm by Chairperson Roach.
Commissioners Present: Zahra Roach (Chair), Isaac Myhrum (Vice -Chair), Tanya Bowers, Joseph Campos,
Paul Mendez, Abel Campos, Pam Bykonen
Staff Present: Rick White (Community & Economic Development Director), Michael Morales (Community &
Economic Development Deputy Director), Jacob B. Gonzalez (Senior Planner), Krystle Shanks
(Administrative Assistant II)
MEETING VIDEO ON DEMAND:
This meeting in its entirety has been posted and can 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.
APPROVAL OF MINUTES:
Commissioner Myhrum moved, seconded by Commissioner Bowers that the minutes dated December 20,
2018 be approved as amended. The motion passed unanimously.
OLD BUSINESS:
A. Rezone
Rezone from R-2 (Medium Density Residential) to R-3 (Medium
Density Residential) (Knutzen Engineering) (MF# Z 2018-008)
Chairperson Roach read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the rezone application from R-2 to R -
Planning Commission Meeting Page 1 January 17, 2019
3. There were no additional comments to add since the previous meeting.
Commissioner Bowers moved, seconded by Commissioner Myhrum, to adopt the findings of fact and
conclusions therefrom as contained in the January 17, 2019 staff report. The motion passed unanimously.
Commissioner Bowers moved, seconded by Commissioner Myhrum, based on the findings of fact and
conclusions as adopted, the Planning Commission recommend the city Council rezone five parcels in the
600 block of South Cedar Avenue from R-2 to R-3. The motion passed unanimously.
B. Preliminary Plat Preliminary Plat, Cedar Flats, 109 Lots (Knutzen Engineering)
(MF# Z 2018-0091
Chairperson Roach read the master file number and asked for commentsfrom staff.
Rick White, Community & Economic Development Director, discussed the preliminary plat application for
Cedar Flats. There were no additional comments to add since the previous meeting.
Chairperson Roach asked about vacated roads and alleyways.
Mr. White said there were street and alley vacations several years ago when the Kurtzman LID's were
formed. The plat itself will be dedicating the new rights of ways and the new public streets will be as
indicated in the proposed plat.
Chairperson Roach asked for clarification on the land fill plume.
Mr. White responded that it is the remnants of a super fund site. The chemicals deposited in the landfill
have leaked and contaminated ground water so the plume is being remediated by the Department of
Ecology. There will be further effort at that site in the next couple of years. The plume has the effect of not
allowing down plume properties to be able to use groundwater. The City will be making water available
and made city potable water available for those properties.
Chairperson Roach asked if there will be an understanding to future property owners regarding the plume.
Mr. White said no but there is a prohibition against any new wells, even for irrigation purposes. It is not a
physical danger unless the water is consumed so all measures have been taken to prevent that.
Commissioner J. Campos moved, seconded by Commissioner A. Campos, to adopt findings of fact and
conclusions therefrom as contained in the January 17, 2019 staff report. The motion passed unanimously.
Commissioner J. Campos moved, seconded by Commissioner A. Campos, based on the findings of fact and
conclusions therefrom, the Planning Commission recommend the City Council approve the preliminary plat
for Cedar Flats with conditions as listed in the January 17, 2019 staff report. The motion passed
unanimously.
Planning Commission Meeting Page 2 January 17, 2019
C. Code Amendment Single Room Occupancy Housing (MF# CA 2018-004)
Chairperson Roach read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the proposed code amendment for
Single Room Occupancy (SRO) Housing. Mr. White addressed language that needed to be corrected in the
proposed ordinance under "Permitted Zones" for SRO's. The ordinance stated, "...in the following order of
preference..."and then listed the various zones. The words, "in the following order of preference," need to
be stricken from the ordinance as it would be nearly impossible to enforce and meaningless.
Commissioner Bowers asked for clarification about closet space in the units.
Mr. White replied that closets weren't specified but would likely be market driven.
Michael Morales, Community & Economic Development Deputy Director, added closet space typically isn't
enclosed and they wouldn't be shown on the floorplan.
Commissioner Bowers discussed kitchenette/kitchen facilities as well as bathrooms and was concerned
with cleaning, maintenance and safety.
Mr. White said there would be a choice for either kitchenettes or full kitchen facilities based on a ratio with
onsite management required so staff didn't feel it would be an issue.
Commissioner Mendez asked if it provided a kitchenette in each unit and stay within the unit.
Mr. White said yes, it would allow for a kitchenette or full kitchen for every three units on a floor.
There were no further questions or comments.
Commissioner Myhrum moved, seconded by Commissioner J. Campos, the Planning Commission to City
Council the adoption of the proposed amendment, as corrected, for Single Room Occupancy Housing as
contained in the January 17, 2019 Planning Commission staff report. The motion passed unanimously.
D. Code Amendment Richt of Wav Dedications and Improvements (MF# CA 2018-
005
Chairperson Roach read the masterfile number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the proposed code amendment for
Right of Way Dedications and Improvements. There were no additional comments to add since the
previous meeting.
Commissioner Bowers moved, seconded by Commissioner Mendez, the Planning Commission adopt the
findings of fact as contained in the January 17, 2019 staff memo regarding Administrative Review of Right -
Planning Commission Meeting Page 3 January 17, 2019
of -Way Dedications and Short Plat Right -of -Way Improvements. The motion passed unanimously.
Commissioner Bowers moved, seconded by Commissioner Mendez, the City Council adopt the proposed
code amendments regarding Administrative Review of Right -of -Way Dedications and Short Plat Right -of -
Way Improvements as attached to the January 17, 2019 staff memo. The motion passed unanimously.
PUBLIC HEARINGS:
A. Rezone Rezone from C-1 (Retail Business) and RT (Residential
Transition) to C-3 (General Business) (Howard Rowell) (MF# Z
2018-009
Chairperson Roach read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the rezone application from C-1 and
RT to C-3. The hearing was continued because the applicant was not present at the previous meeting,
however, they were in attendance at this hearing to answer any questions the Commission may have. The
site is located at the corner of Heritage and A Street.
Howard Rowell, 11720 Pheasant Run, spoke in support of his rezone application. He stated the main
rezone for his rezone was to bring the zoning together and offer more opportunities for potential buyers.
He stated that he was fine with the restrictions included in the concomitant agreement.
Commissioner Bykonen, Commissioner Bowers and Chairperson Roach had questions for the applicant.
He responded that he was aware of the requirement for a block wall and accepts the condition should the
type of use located along the side adjacent to residential, he planned to sell most of the lots and develop
one himself and he wanted to split up the 6 acre lot for an auction situation.
There were no further questions for the applicant.
Commissioner Myhrum noted that there were two options for the Planning Commissioners to make
pertaining to making a motion. He stated that the option to close the hearing and recommend approval
with a concomitant agreement made the most sense to him. The Commissioner were in agreement.
Commissioner Myhrum moved, seconded by Commissioner Bykonen, to close the hearing and adopt
findings of fact and conclusions therefrom as contained in the January 17, 2019 staff report. The motion
passed unanimously.
Commissioner Myhrum moved, seconded by Commissioner Bykonen, based on the findings of fact and
conclusions adopted, the Planning Commission recommend the City Council rezone the three parcels from
C-1 and RT to C-3 with restrictions contained in the concomitant agreement. The motion passed
unanimously.
B. Code Amendment Shared Street Frontaees (MF# CA 2018-008)
Planning Commission Meeting Page 4 January 17, 2019
Chairperson Roach read the master file number and asked for comments from staff.
Jacob B. Gonzalez, Senior Planner, discussed the proposed code amendment for shared street frontages.
The proposed code amendment could allow for access to lots via a private driveway, street or shared
frontage. The City has been isolated flag lots that are difficult to develop, making it hard to subdivide to
allow for more units. There has been local support for this code amendment and it could benefit the City to
help develop land otherwise undevelopable. Planned Unit Developments were also discussed in how they
can provide flexibility for different types of housing. There would be three ordinances to amend the code:
(1) Exception of residential lots that are flag lots/isolated lots from frontage requirement, (2) Creation of
standards for private streets and (3) Reduce minimum size requirements for Planned Unit Developments.
Rick White, Community & Economic Development Director, added that feedback from the Commission was
requested.
Gabriel Portugal, 804 Road 52, spoke in favor of the proposed code amendment and explained how it
would help him develop his property that is currently unable to be developed.
Dave Richards, 1415 6th Street, Clarkston, WA spoke in favor of the proposed code amendment, in
particular the ordinance regarding flag lots.
Commissioner Myhrum stated this could be a useful tool for developers. He asked if staff has considered a
whole new section for flag lots in the Pasco Municipal Code and also addressed some of his concerns.
Mr. Gonzalez replied that he could try to address some of the concerns and bring a revised ordinance back
to the Commission.
Commissioner Bowers asked how Mr. Portugal's situation fell under the code amendment.
Mr. Gonzalez said it would fall under the flag lot amendment.
Rick White, Community & Economic Development Director, added that his lot is much like the example in
their report. It is a lot without very much street frontage.
Commissioner Bowers said that she was in favor of the code amendment to encourage infill and density.
Commissioner Mendez asked what conditions would need to be met in order for the code amendment to
apply.
Mr. White replied that staff is looking for direction and input in order to express those conditions in the
code.
Chairperson Roach asked if there would be opportunities to create through streets in the Riverview Area.
Planning Commission Meeting Page 5 January 17, 2019
Mr. White said yes, but explained why there would be very few opportunities in those areas.
There was further discussion regarding layout and streets.
Commissioner Mendez moved, seconded by Commissioner A. Campos, to continue the public hearing to
the February 21, 2019 Planning Commission Meeting. The motion passed unanimously.
C. Code Amendment Temporary Shelters (MF# CA 2018-001)
Chairperson Roach read the master file number and asked for commentsfrom staff.
Rick White, Community & Economic Development Director, discussed the proposed code amendment for
temporary shelters. This code amendment is the result of the State who recognizes religious organizations,
if part of their core religious mission, have the ability to provide temporary homeless shelters on property
they own or control. Currently in Pasco there isn't a way for that to happen — there is no code in place that
lays out a method or conditions to have a shelter. This should be in place before a religious organization
applies for a temporary homeless shelter. With the help of the City Attorney's Office, staff has been
working on code to address temporary homeless shelters. Mr. White briefly explained what the ordinance
would do and include.
Chairperson Roach asked how the ordinance would be implemented in regards to comprehensive
background checks and the use of the City of Pasco Police Department for that service.
Mr. White said it's already an established protocol. He added that the permits would be approved via
conditional use permit process to work out any such problems that may arise.
Chairperson Roach asked how background checks could be done on someone who may not have an ID card,
such as many homeless might not have.
Mr. White replied that the majority have some type of ID, but that would be addressed by the Police
Department.
Commissioner Bowers said she noticed a minimum age requirement of 18 years old how that effects
families.
Mr. White answered that has been an issue state-wide. The thinking is, when minors are allowed in
temporary shelters, it brings rise to an entirely new level of scrutiny.
Commissioner Bowers addressed rules regarding drugs and alcohol but not cigarette smoking and asked if
that would be handled or addressed.
Mr. White stated that staff didn't think that was necessary.
Commissioner Myhrum thanked staff and stated that many of his previous concerns have been put aside.
Planning Commission Meeting Page 6 January 17, 2019
Commissioner Bowers asked if there would be measures to address any problems or if the code would be
revisited.
Mr. White replied that code amendments can always be made if issues arise, however, there is case law
that in a way pre-empts the City in many ways.
Commission J. Campos reminded the Commission that these would be addressed individually by special use
permits and conditions could be in place.
Chairperson Roach asked why a permit fee would not be required for the temporary shelter special use
permit.
Mr. White said due to case law so that fees do not discourage applications.
There was a brief discussion on the length of the permit and continuum of care.
Commissioner Myhrum moved, seconded by Commissioner A. Campos, to close the hearing on the
proposed code amendment and set February 21, 2019 as the date for deliberations and the development
of a recommendation for the City Council. The motion passed unanimously.
WORKSHOP:
A. Code Amendment Expansion of Nonconforming Uses (MF# CA 2018-006)
Chairperson Roach read the master file number and asked for comments from staff.
There was discussion on this item by the Planning Commission and staff. Staff did not recommend
approving this item but asked the Planning Commission if they wanted to open it up for public input.
Dwight Hume, 9101 N. Mountain View Lane, Spokane, WA spoke in favor of the proposed code
amendment.
The Planning Commission was in agreement that it should be brought back for public input.
No further action was needed at this time.
ADJOURNMENT:
With no further discussion or business, the Planning Commission was adjourned at 8:55 PM.
Respectfully submitted,
Krystle Shanks, Administrative Assistant II
Planning Commission Meeting Page 7 January 17, 2019
Community & Economic Development Department
Planning Commission Meeting Page 8 January 17, 2019
MEMORANDUM TOPLANNING COMMISSION
ry
PLANNING COMMISSION MEETING
.1 City Hall — 525 North Third Avenue Council Chambers
DATE: THURSDAY, FEBRUARY 21, 2019
7:00 PM
TO: Planning Commission
FROM: Jeffrey B. Adams, Associate Planner
SUBJECT: Temporary Shelter (MF# CA 2019-001)
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.
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;
• 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.
7
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
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 defacto "pre-emption" of full local control
of land use issues involving establishing and conducting homeless facilities or services.
3
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.
Staff recommends an ordinance (as per attached), permitting homeless uses via Hearing
Examiner Special Permit review process.
MOTION: I move the Planning Commission adopt the findings of fact as contained in the
February 21, 2019 staff memo regarding Temporary Shelters.
MOTION: I move the Planning Commission recommend the City Council adopt the proposed
code amendments regarding Temporary Shelters as attached to the February 21,
2019 staff memo to the Planning Commission.
4
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington Creating
Chapter 25.99 "Homeless Temporary Shelters"
WHEREAS, RCW 35A.21.360 allows for religious organizations to host temporary shelters
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
Temporary Shelters" shall be and hereby is created and shall read as follows:
Chapter 25.99
HOMELESS TEMPORARY SHELTERS
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
Ordinance Creating Chapter 25.99
Homeless Encampments - 1
a 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 temporary shelter 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 temporary shelter that owns or controls the site where the permitted
temporary shelter 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.
Ordinance Creating Chapter 25.99
Homeless Encampments - 2
H) "Occupancy registration" means a City -issued permit for the operation of a
noncommercial use not otherwise regulated by Chapter 5.04 PMC.
1) "Permitted temporary shelter" means a temporary shelter 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 temporary shelter is located or proposed.
L) "Site" means the property or part of the property where the permitted temporary
shelter 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 temporary shelter.
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 temporary shelter 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 temporary shelter 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.
Ordinance Creating Chapter 25.99
Homeless Encampments - 3
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;
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 temporary shelter;
4) The length of time the managing agency expects to operate the proposed
permitted temporary shelter;
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 temporary shelter
specified in the application;
6) The maximum number of residents proposed at the proposed permitted
temporary shelter;
7) The dates the managing agency intends to begin and end operation of the
proposed permitted temporary shelter;
8) A copy of the managing agency's plan for reporting the period of time
residents resided at the proposed permitted temporary shelter and when residents left
the proposed permitted temporary shelter 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 temporary shelter under this Chapter.
Ordinance Creating Chapter 25.99
Homeless Encampments - 4
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 temporary shelter. The Occupancy Registration shall be
valid for a maximum of one hundred eighty (180) days.
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
temporary shelter the Director shall send a copy of the application to the administrative
offices of the Pasco School District #1 for its review and consideration.
3) Continuum of Care/Mental Health Providers Notified. In addition to the
notice requirements of Title 4 PMC, upon receipt of an application for a special permit for
a permitted temporary shelter the Director shall send a copy of the application to the
administrative offices of the Pasco Continuum of Care and/or to mental health providers
within the city of Pasco for review and consideration.
25.99.050 REQUIREMENTS FOR APPROVAL. The City may issue a temporary and
revocable special permit for a permitted temporary shelter 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 temporary shelters 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
temporary shelter
2) Water Source. The managing agency shall provide an adequate source of
potable water to the permitted temporary shelter as approved by the City.
3) Sensitive Areas. No permitted temporary shelter shall be located within a
sensitive or critical area or its buffer as defined in Title 28 PMC.
Ordinance Creating Chapter 25.99
Homeless Encampments - 5
4) Limitation on Residents. For each permitted temporary shelter, the
Department shall determine if the proposed maximum number of residents at the
permitted temporary shelter 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 temporary shelter residents and staff. If the
site has other uses besides the permitted temporary shelter, it shall be shown that the
permitted temporary shelterwill not create an undue shortage of required on-site parking
for the other use or uses on the property.
6) Public Transportation. Whenever possible, the permitted temporary
shelter should be located within one quarter mile of a bus stop with service seven days
per week. If the permitted temporary shelter 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 temporary shelter 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
temporary shelter 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 temporary
shelter 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 temporary shelter 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 Subsection C of this Section, no
permitted temporary shelter 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.
Ordinance Creating Chapter 25.99
Homeless Encampments - 6
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
temporary shelter 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.
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 Temporary Shelters. The special permit may allow for an indoors
permitted temporary shelter inside a permanent building or structure subject to the following
criteria and requirements:
1) Compliance with Building Codes. An indoor permitted temporary shelter
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.
Ordinance Creating Chapter 25.99
Homeless Encampments - 7
(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 temporary shelter shall be processed pursuant to Title 4 PMC.
25.99.070 REQUIREMENTS UPON APPROVAL.
A) Signed Agreement. All permitted temporary shelter 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 temporary shelter. 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 temporary shelter. The log shall include the name
and date of birth of each individual, and the dates that the individual spent at the permitted
temporary shelter. 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 temporary shelter.
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 temporary shelter.
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 temporary shelter 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 temporary shelter.
1) Outstanding Warrants. If any warrant check reveals an existing or
outstanding warrant from anyjurisdiction in the United States, the managing agency shall
Ordinance Creating Chapter 25.99
Homeless Encampments - 8
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 temporary shelter.
E) Security. The managing agency shall ensure the permitted temporary shelter 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 temporary shelter 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
managing agency contact shall be available to provide help and assistance to the entrance
attendee as may be necessary to ensure the permitted temporary shelter functions properly.
H) Enforcement. The entrance attendee staffing the entrance shall notify the
managing agency contact as necessary in the enforcement of permitted temporary shelter 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 temporary shelter must meet the following
procedures and requirements:
1) The requirements that apply to individuals staying overnight in the
permitted temporary shelter pursuant to Subsection (C) of this Section shall also apply to
all visitors to the permitted temporary shelter.
2) Visitors shall be accompanied by the resident that invited the visitor while
at the permitted temporary shelter.
Ordinance Creating Chapter 25.99
Homeless Encampments - 9
3) Visitors shall be allowed to visit the permitted temporary shelter 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 temporary shelter.
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 temporary shelter:
(a) Volunteers, agents, members, or employees of the managing
agency rendering aid, care, assistance, security, or comfort to residents of the
permitted temporary shelter;
(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.
J) Age Restrictions. Residents of the permitted temporary shelter must be at least
eighteen years of age. No minors shall be permitted entrance to the permitted temporary shelter
unless they are a relative of a resident of the permitted temporary shelter. Minors related to a
resident may be admitted to the permitted temporary shelter as visitors pursuant to Subsection
(I) of this Section.
25.99.080 FIRE, SAFETY, AND HEALTH. Permitted temporary shelters shall meet the
following fire, safety, and health requirements:
A) Fire Safety. The permitted temporary shelter 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.
Ordinance Creating Chapter 25.99
Homeless Encampments - 10
(a) The managing agency may allow for a common tent to provide
community cooking facilities and services for the permitted temporary shelter.
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 temporary shelter
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 temporary shelter, 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
temporary shelter 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
Department. Facilities and staff shall be available to provide minor medical treatment to
temporary shelter residents; excessive use of the city emergency medical services for non-
emergent care will result in billing to the temporary shelter 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 temporary shelter may reside only
in approved shelters at the permitted temporary shelter.
25.99.090 LIMITATIONS.
A) Duration. Permitted temporary shelters may be approved for a time period not
to exceed one hundred eighty (180) days.
Ordinance Creating Chapter 25.99
Homeless Encampments - 11
B) Limitation. No other permitted temporary shelter, regardless of the managing
agency, may occupy the same site as a previous homeless temporary shelter, whether it was
permitted or unpermitted, until City staff has ensured that all residents of the previous
temporary shelter 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 temporary shelter 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 temporary
shelter 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 temporary shelter
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 temporary shelters 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
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 temporary shelters, 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
Ordinance Creating Chapter 25.99
Homeless Encampments - 12
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:
City Clerk
Ordinance Creating Chapter 25.99
Homeless Encampments - 13
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
Codes of Conduct for Homeless Encampments
If your agency has made the decision to allow a homeless encampment to remain on public land, even
temporarily, but you are not entering into a formal lease agreement with a third party (e.g., a nonprofit
agency) to manage the camp, consider working with the camp residents early on to establish camp
codes of conduct. This allows your agency to exert some control over who is in the encampment, what
activities take place, and how the site will be maintained. Setting these rules also helps establish clear
expectations, both of your agency and of the camp residents, and clear consequences and enforcement
procedures if those expectations are not met. Finally, developing codes of conduct with camp residents
can also help to build trust and respect between parties, which is very important to ensuring smooth
and productive future interactions.
Potential Elements to Consider in Developing a Homeless Encampment Code of Conduct
• Presence of drugs or alcohol
• Presence of weapons
• Presence of residents with criminal history (what kind of background is okay, what is not)
• Presence of children (particularly if sex offenders are allowed to live in the camp)
• Presence of pets (Remember to allow assistance animals)
• Loitering in surrounding areas
• Open flames
• Quiet hours
• Participation in site maintenance
w> Security shifts
»» Number of volunteer hours required per month
• Participation in camp governance
»» Attendance at weekly meetings
• Check -ins: Periodic meetings with social service providers or other city or agency
representatives to demonstrate that they are searching for work or permanent shelter
• How new residents are admitted
»» Vote by existing camp residents
Homeless Shelter Code of Conduct Examples
TC3—Code of Conduct—All Tent City 3 residents must adhere to the camp's Code of Conduct:
1) No alcohol or drugs are permitted; sobriety is a must
2) No weapons are allowed
3) No men in women's tents/no women in men's tents
4) No loitering in the surrounding neighborhood
5) Quiet time imposed from 9 pm to 8 am
6) No open flames are permitted
7) No violence or crime is tolerated
8) Cooperation and participation in camp maintenance is expected
Dignity Village-- 5 Basic Rules:
1) No violence to yourself or others.
2) No theft
3) No alcohol, illegal drugs, or drug paraphernalia on-site or within a 1 -block radius
4) No constant disruptive behavior
5) Everyone must contribute to the operation and maintenance of the Village. Everyone must do a
minimum of 10 hours "sweat" equity a week.
6) Everyone must pay the required insurance fee of $35.00 by the 5th day of every month.
SHARE/WHEEL Tent City—Code of conduct
We, the people of share/wheel, in order to keep a more harmonious community, ask that you observe
the following code of conduct:
1) Share/wheel's tent city is a drug and alcohol free Zone. Those caught drinking or using drugs
will be Asked to leave. Sobriety is required.
2) No weapons are allowed. Knives over 3-1/2 inches must be checked in.
3) Any violence will not be tolerated. Please attempt to resolve any conflict in a creative and
peaceful manner.
4) Degrading ethnic, racist, sexist or homophobic Remarks are not acceptable. No physical
punishment, verbal abuse or intimidation Will be tolerated.
5) We are a community. Please respect the rights and privacy of your fellow citizens.
6) No men in the women's tents. No women in the men's tents. No open flames. No loitering or
disturbing neighbors. No trespassing.
7) Attendance of at least one of the several community Meetings held through the week is
required. Days and times will be posted so that you may work it into your schedule.
8) If these rules are not respected and enforced Tent City may be permanently closed.
REPORT TO PLANNING COMMISSION
PLANNING COMMISSION MEETING
Lt-'' 1 City Hall - 525 North Third Avenue - Council Chambers
DATE: THURSDAY, FEBRUARY 21, 2019
7:00 PM
MASTER FILE #: SP 2019-001
APPLICANT: TCA Architecture
6211 Roosevelt Way NE
Seattle, WA 98115
REQUEST: SPECIAL PERMIT: Fire Station #83
BACKGROUND
1. PROPERTY DESCRIPTION:
Legal: PTN NWSE 9-9-29 DAF: BEG AT CTR 4 COR SD SEC; TH N89D59'E ALG N LN THEREOF, 40.01';
TH LEAV SD N LN S011304'E, 50.01' TO INT OF SLY MARG OF SANDIFUR PKWY & ELY MARG ROAD
76 & TPOB; TH ALG SD SLY MARG, N89D 59'E, 280.74'; TH S01D04'W, 130% TH N89D59'E, 179.35';
TH S01D04'E, 324.13'; TH S17D05'E, 48.07'; TH S89D59'W, 473.35' TO ELY MARG RD 76 TH ALG SD
ELY MARG, N01D04'W, 500.09' TO TPOB.
General Location: 5427 Road 76
Property Size: 4.75 acres
2. ACCESS: The property has access from Road 76 and Sandifur Parkway.
3. UTILITIES: Municipal water and sewer service are available to the property.
4. LAND USE AND ZONING: The site is zoned C-1 (Retail Business). Surrounding properties are zoned
and developed as follows:
NORTH: C-1 Retail
EAST: C-1 Retail
SOUTH: C-1 Vacant, Library
WEST: R-1 SFDUs
S. COMPREHENSIVE PLAN: The Comprehensive Plan indicates the site is intended for commercial
development. Volume II of the Comprehensive Plan, specifically pages 30-32 pertain to Capital
Facilities and their placement. The Plan encourages the setting aside of adequate lands for public
facilities (Goal CF -3) and the maintenance of a fire protection service that is effective and cost
1
efficient (Goal CF -6). Policy CF -7-C suggests public facilities should contribute to necessary
concurrency requirements for transportation and utilities. The plan also stresses the importance
of siting necessary facilities in appropriate locations.
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 applicant, TCA Architecture, has submitted a Special Permit proposal for Fire Station #83 to be located
on the southeast corner of Sandifur Parkway and Road 76 on the same property as the two municipal
water towers. It is estimated the project will be complete in 12 months and is scheduled to being in the
last quarter of 2019. The new 12,500 square -foot fire station will consist of sleeping and living areas for
employees, apparatus bays, and supporting spaces for the apparatus and firefighting equipment. At
completion, the project will accommodate 6 staff.
The exterior of the building will be composed of metal siding, fiber composite boards, and accent materials
as seen in the attached elevation exhibit. The highest proposed structure is 35 feet. Because the new fire
station will be located within the 1-182 Overlay District, the building will be subject to additional site and
elevation design regulations to promote an aesthetically pleasing environment that will complement the
appearance of the residential and commercial development in the area.
As seen in the "Fire Station Distribution and Response Zones" map, much of West Pasco north of 1-182 is
not adequately served by emergency services if each fire station has a 6 -minute response distance (each
circle is a 3 -mile radius, or approximately 6 minutes). Considering the rate at which West Pasco is growing,
both in population and in sprawl, it is necessary to ensure the timely provision of new services, like fire
stations, to support existing and future development.
Fire stations are outlined as capital facilities in the Comprehensive Plan and are approved in the capital
budget based upon the needs of the community. A primary consideration is benefit to the environment
and public health. The Plan stresses the importance of siting necessary facilities in appropriate locations
and the protection of life and property.
The proposed use will follow requirements of the City of Pasco noise ordinance to prevent nuisance
situations.
INITIAL STAFF FINDINGS OF FACT
Findings of Fact must be entered from the record. The following are initial findings drawn from the
background and analysis section of the staff report. The Planning Commission may add additional findings
to this listing as the result of factual testimony and evidence submitted during the open record hearing.
1. The site is located at 5427 Road 76 on the property at which the municipal water towers are sited.
2. The site is zoned C-1 (Retail Business).
3. The site is located immediately north of the two water towers.
4. The fire station will be 12,500 square -feet in size and will consist of sleeping and living areas for
employees, apparatus bays, and supporting spaces for the apparatus and firefighting equipment.
2
5. The maximum height of the fire station is 35 feet.
6. The exterior of the building will be composed of metal siding, fiber composite boards, and accent
materials.
7. The proposed site is within the 1-182 Overlay District.
8. Fire stations are capital facilities as described in the Comprehensive Plan.
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. Will the proposed use be in accordance with the goals, policies, objectives and text of the
Comprehensive Plan?
a. The Plan stresses the importance of siting necessary facilities inappropriate locations and
the protection of life and property. The site is located within a developed and growing
portion of the community and on a major arterial, which provides excellent access to the
surrounding neighborhoods and those properties along the 1-182 corridor.
2. Will the proposed use adversely affect public infrastructure?
The proposal will generate little demand for public utilities such as water and sewer.
Traffic generation of the proposal will be minimal and easily accommodated by the
existing road system. The utility demands of the Fire Station are lower than many of the
infrastructure demands generated by uses permitted in the C-1 zone. The activity does
involve the intermittent dispatching of emergency service vehicles, yet the direct access
to Sandifur Parkway will not negatively impact traffic circulation.
3. Will the proposed use be constructed, maintained and operated to be in harmony with the
existing or intended character of the general vicinity?
a. The general vicinity is commercial and residential in nature. Because the new fire station
will be located within the 1-182 Overlay District, the building will be subject to additional
site and elevation design regulations to promote an aesthetically pleasing environment
that will complement the appearance of the residential and commercial development in
the area.
4. Will the location and height of proposed structures and the site design discourage the
development of permitted uses on property in the general vicinity or impair the value
thereof?
a. This proposal will complement the appearance of the surrounding properties and is not
expected to discourage future residential and commercial development. The highest
structure is proposed at 35 feet—comparable to the neighboring commercial buildings.
5. Will the operations in connection with the proposal be more objectionable to nearby
properties by reason of noise, fumes, vibrations, dust traffic, or flashing lights than would be
the operation of any permitted uses within the district?
a. Emergency vehicles will be leaving the site with lights and sirens activated and may be
more objectionable than permitted uses. However, the use of sirens at night and in the
early mornings will be limited, which is a measure to minimized the potential audio impact
of this activity.
6. Will the proposed use endanger the public health orsafety if located and developed where
proposed, or in any way will become a nuisance to uses permitted in the district?
a. It is expected that the proposed fire station will not cause harm to public health and
safety and that the associated activity will not become a nuisance to permitted uses in
the vicinity. The proposal will locate an emergency service facility in a rapidly -growing
area of Pasco that has an increasing need for emergency services.
APPROVAL CONDITIONS
1. The Special Permit shall apply to tax parcel # 116-140-015;
2. No outdoor storage of equipment or materials shall be allowed;
3. The site shall be developed in substantial conformity to the site plan and building plans submitted;
4. The Special Permit shall be null and void if all necessary building permits have not been obtained
by December 31, 2020.
RECOMMENDATION
MOTION: I move to close the hearing on the proposed Fire Station #83 and initiate deliberations
and schedule adoption of findings of fact, conclusions and a recommendation to the
City Council for the March 21, 2019 meeting.
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CITY OF
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MEMORANDUM TO PLANNING COMMISSION
PLANNING COMMISSION MEETING
City Hall — 525 North Third Avenue — Council Chambers
DATE: THURSDAY, FEBRUARY 21, 2019
7:00 PM
TO: Planning Commission
FROM: Jacob B. Gonzalez, Senior Planner
SUBJECT: Shared Street Frontages (Lots) (MF# CA 2018-008)
Background
This memorandum is a brief update to the ordinances proposed at the January 2019 Planning
Commission meeting. The increasing needs for housing to accommodate the growth forecasted
in the city along with interest from the residential development community and property owners
has generated the need for this discussion.
The following ordinances were proposed:
Ordinance: Flag Lot (Residential) without Public Street Frontage
Ordinance: Private Street Standards
Ordinance: Minimum Size Requirement Reduction for Planned Unit Developments
Staff proposes to continue the public hearing for approval of the ordinances to allow for
additional analysis and review by City departments.
RECOMMENDATION
MOTION: I move to continue the development of a recommendation and set
March 21, 2019 as the date for a continuation of the public hearing.
MEMORANDUM TO PLANNING COMMISSION
PLANNING COMMISSION MEETING
• City Hall — 525 North Third Avenue — Council Chambers
.1
DATE: THURSDAY, FEBRUARY 21, 2019
7:00 PM
TO: Planning Commission
FROM: Darcy Bourcier, Planner I
SUBJECT: Minimum Lot Size and Frontage in Residential Zones (MF# CA 2017-009)
In May of 2018, the Planning Commission held a public hearing to consider amending the PMC
Zoning Code to decrease the minimum lot frontage and lot size of certain residential zones. Due
to the substantial influx of hearing items during the remainder of that year, this particular code
amendment was tabled until further notice. At this time, staff wishes to present this item once
again to receive Planning Commission direction on the proposal.
The item was advertised as a hearing, but currently, the proposed amendment requires more
staff discussion and coordination among similar code amendments which the Planning
Commission has seen recently (namely CA2018-008, the code amendment regarding private
roads and shared street frontages). Thus, staff recommends the Commission open and continue
the public hearing until the March 21, 2019 Planning Commission meeting.
MOTION: I move to continue the hearing on the proposed code amendment to the March 21,
2019 Planning Commission meeting.
1
M F# CA 2018-006
Krystle Shanks
From: Rick White
Sent: Tuesday, February OS, 2019 10:37 AM
To: Krystle Shanks; Jacob Gonzalez
Subject: Fwd: Proposed Text Amendment Non -Conforming Use Expansion
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---------- Forwarded message ----------
From: "Dwight Hume" <dhume c+,spokane-landuse.com>
Date: Tue, Feb 5, 2019 at 10:26 AM -0800
Subject: Proposed Text Amendment Non -Conforming Use Expansion
To: "Rick White" <WHITER(a)pasco-wa.gov>
Rick: Please accept this email as my request to withdraw the above stated text amendment. Accordingly I do not
see the need to hold a public hearing before the Planning Commission on February 21, as set force in their
previous workshop session.
Land Use Solutions and Entitlement
9101 N Mt. View Lane
Spokane WA 99218
509-435-3108