HomeMy WebLinkAbout2019.05.06 Council Meeting PacketRegular Meeting
AGENDA
PASCO CITY COUNCIL
7:00 p.m.
May 6, 2019
Page
1. CALL TO ORDER:
2. ROLL CALL:
(a) Pledge of Allegiance
3. CONSENT AGENDA: All items listed under the Consent Agenda are considered
to be routine by the City Council and will be enacted by roll call vote as one motion
(in the form listed below). There will be no separate discussion of these items. If
further discussion is desired by Council members or the public, the item may be
removed from the Consent Agenda to the Regular Agenda and considered
separately.
5 - 8 (a) Approval of Minutes
To approve the minutes of the Pasco City Council Meeting dated April 15,
2019.
9 - 10 (b) Bills and Communications 05.06.19
To approve claims in the total amount of $3,748,745.37 ($1,872,035.65 in
Check Nos. 228521-228895; $170,316.09 in Electronic Transfer Nos.
824042-824116, 824127-824146, 824156-824228, 824230-824284, 824287-
824296, 824298-824380, 824383, 824388-824397, 824416-824432, 824507;
$36,419.83 in Check Nos. 52508-52544; $1,669,973.80 in Electronic
Transfer Nos. 30132796-30133840).
11 (c) Parks & Recreation Advisory Board Appointments
To reappoint Edgar Delgado to Position No. 4, Jason Ruud to Position No. 6,
and Kate Bonderman to Position No. 7, all on the Parks & Recreation
Advisory Board.
12 (d) Planning Commission Appointment
To reappoint Isaac Myhrum to Position No. 6 (term expiration date 2/2/25)
on the Planning Commission.
13 (e) Pasco Public Facilities District Board Appointment
To reappoint Caroline Bowdish to Position No. 1 (term expiration date
Page 1 of 140
Regular Meeting May 6, 2019
7/14/23) on the Pasco Public Facilities District Board.
(RC) MOTION: I move to approve the Consent Agenda as read.
4. PROCLAMATIONS AND ACKNOWLEDGEMENTS:
5. VISITORS - OTHER THAN AGENDA ITEMS: This item is provided to allow
citizens the opportunity to bring items to the attention of the City Council or to
express an opinion on an issue. Its purpose is not to provide a venue for debate or
for the posing of questions with the expectation of an immediate response. Some
questions require consideration by Council over time and after a deliberative
process with input from a number of different sources; some questions are best
directed to staff members who have access to specific information. Citizen
comments will normally be limited to three minutes each by the Mayor. Those with
lengthy messages are invited to summarize their comments and/or submit written
information for consideration by the Council outside of formal meetings.
6. REPORTS FROM COMMITTEES AND/OR OFFICERS:
(a) Verbal Reports from Councilmembers
14 - 17 (b) General Fund Monthly Report - March 2019
7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO:
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
18 - 54 (a) Homeless Temporary Shelters
MOTION: I move to adopt Ordinance No. 4434, creating Chapter 25.205
"Homeless Temporary Shelters."
55 - 72 (b) Rezone from RS-20 to RS-12 (Black Belle Estates) (MF# Z2019-003)
MOTION: I move to adopt Ordinance No. 4435, rezoning three parcels
between Road 52 and Road 54 south of West Court Street from RS -20 to
RS-12 and further, authorize publication by summary only.
73 - 92 (c) Rezone from RT to R-1 (Salas) (MF# Z2019-001)
MOTION: I move to adopt Ordinance No. 4436, rezoning five parcels east
of Heritage Boulevard from RT to R-1 and further, authorize publication by
summary only.
93 - 112 (d) Rezone from RT to C-1 (AHLB, Inc) (MF #Z2019-002)
Page 2 of 140
Regular Meeting May 6, 2019
MOTION: I move to adopt Ordinance 4437, rezoning the Northeast 6.1
acres at the intersection of Sandifur Parkway and Road 68, from RT
(Residential Transition) to C-1 (Retail Business), and further, authorize
publication by summary only.
113 - 132 (e) Chapel Hill Blvd DNR Inter Local Agreement & Road Easement
MOTION: I move to approve Resolution No. 3904, authorizing the City
Manager to negotiate, make minor changes to, and sign the Interlocal
Cooperative Agreement and City Road Easement with Washington State
Department of Natural Resources for Chapel Hill Boulevard.
9. UNFINISHED BUSINESS:
10. NEW BUSINESS:
133 - 137 (a) Interlocal Agreement Addendum for School Resource Officer Services
MOTION: I move to approve the Interlocal Agreement Addendum for
School Resource Officer Services with the Pasco School district for the
2018-2019 and 2019-2020 school year and, further, authorize the City
Manager to sign the addendum.
138 - 140 (b) Addendum to Collective Bargaining Agreement (CBA) with
International Union of Operating Engineers (IUOE), Local 280
MOTION: I move to approve the Addendum to the CBA with the IUOE,
Local #280, for years 2020 - 2021 and, further, authorize the City Manager
to execute the agreement.
11. MISCELLANEOUS DISCUSSION:
12. EXECUTIVE SESSION:
13. ADJOURNMENT.
(RC) Roll Call Vote Required
* Item not previously discussed
Q Quasi-Judicial Matter
MF# “Master File #....”
REMINDERS:
Page 3 of 140
Regular Meeting May 6, 2019
1. Thursday, May 9, 7:00 a.m.; BFCG Tri-Mats Policy Advisory Committee - Cousin's
Restaurant, Pasco (Councilmember Alvarado, Rep; Councilmember Serrano, Alt.)
2. Thursday, May 9, 7:00 p.m.; Ben-Franklin Transit Board - Transit Facility (Mayor
Watkins, Rep.; Councilmember Alvarado, Alt.)
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 4 of 140
AGENDA REPORT
FOR: City Council April 29, 2019
TO: Dave Zabell, City Manager Regular Meeting: 5/6/19
FROM: Angela Pashon, City Clerk
Administrative & Community Services
SUBJECT: Approval of Minutes
I. REFERENCE(S):
Minutes 4.15.19
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve the minutes of the Pasco City Council Meeting dated April 15, 2019.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 5 of 140
REGULAR MEETING
MINUTES
PASCO CITY COUNCIL APRIL 15, 2019
CALL TO ORDER:
The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor.
ROLL CALL:
Councilmembers present: Blanche Barajas, Craig Maloney, Saul Martinez,
David Milne, Pete Serrano, and Matt Watkins.
Staff present: Dave Zabell, City Manager; Stan Strebel, Deputy City Manager;
Eric Ferguson, City Attorney; Steve Worley, Public Works Director; Rick
White, Community & Economic Development Director; Richa Sigdel, Finance
Director; Zach Ratkai, Administrative & Community Services Director; Larry
Dickerson, Interim Police Chief and Ed Dunbar, Deputy Fire Chief.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA:
Approval of Minutes
To approve the minutes of the Pasco City Council Meeting dated April 1, 2019.
Bills and Communications
To approve claims in the total amount of $2,841,746.57 ($1,943,743.96 in
Check Nos. 228269-228520; $71,180.97 in Electronic Transfer Nos. 824147,
824229; $29,377.21 in Check Nos. 52486-52507; $797,444.43 in Electronic
Transfer Nos. 30132292-30132795.
To approve bad debt write-off for Utility Billing, Ambulance, Cemetery,
General Accounts, Miscellaneous Accounts, and Municipal Court (non-
criminal, criminal, and parking) accounts receivable in the total amount of
$237,711.35 and, of that amount, authorize $100,110.21 to be turned over for
collection.
MOTION: Mr. Maloney moved to approve the Consent Agenda as read. Mr.
Martinez seconded. Motion carried unanimously by Roll Call vote.
REPORTS FROM COMMITTEES AND/OR OFFICERS:
Verbal reports from Councilmembers
Ms. Barajas attended the Hispanic Chamber of Commerce's Night of Achievement. She
congratulated Mayor Watkins for being named Public Servant of the Year.
Mr. Maloney attended the Pasco Volunteer Appreciation Awards Banquet.
Mayor Watkins requested an overview of the Arbor Day celebration and com plimented
staff for putting on the event. City Manager Zabell stated Councilmember Alvarado was
in attendance and commended the partnership with the Department of Natural Resources
and Franklin County PUD.
Mr. Martinez thanked Facilities Manager Dan Dotta for his commitment to Arbor Day.
Page 1 of 3 Page 6 of 140
REGULAR MEETING
MINUTES
PASCO CITY COUNCIL APRIL 15, 2019
HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO:
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
Pacific Power Franchise Renewal
MOTION: Mr. Maloney moved to adopt Ordinance No. 4430, granting a
Franchise to PacifiCorp and further, to authorize publication by summary only.
Mr. Serrano seconded. Motion carried unanimously.
A Resolution Naming the Finance Director as the Position to Authorize the
Investment of Monies in the Local Government Investment Pool.
MOTION: Mr. Maloney moved to adopt Resolution No. 3903, naming Finance
Director as the "authorized individual" to authorize all amendments, changes or
alterations to the Local Government Investment Pool Transaction Authorization
Form and to acknowledge the terms and conditions of participation as outlined
in the prospectus. Ms. Barajas seconded. Motion carried unanimously.
Hearing Examiner System for Land Use Permits (MF# CA2018-007)
Council and staff discussed the Hearing Examiner process is implemented in other
jurisdictions, reduced liability, and processing time for conditional/special use permits
and preliminary plats.
MOTION 1: Mr. Maloney moved to adopt Ordinance No. 4431, relating to the
use of a hearing examiner and Amending PMC 2.50.080 “Powers” Relating to
the Hearing Examiner, and further, authorize publication by summary only.
Mr. Martinez seconded. Motion carried unanimously.
MOTION 2: Mr. Maloney moved to adopt Ordinance No. 4432, relating to the
use of a hearing examiner and amending PMC 21.25.050 “Public Hearing
Required”; Repealing PMC 21.25.060 “Planning Commission
Recommendation”; Amending PMC 21.25.070 “Findings of Fact”: Repealing
PMC 24.25.080 “City Council Consideration”; Amending PMC 21.25.090
“Notice of Decision”; Amending PMC 21.25.100 “Adjustments of an Approved
Preliminary Plat”; Amending PMC 21.25.110 “Large Developments” Relating
to Use of a Hearing Examiner; and Amending PMC 21.30.010 “Application”
and further, authorize publication by summary only. Mr. Milne seconded.
Motion carried unanimously.
MOTION 3: Mr. Maloney moved to adopt Ordinance No. 4433, relating to the
use of a hearing examiner and amending PMC Title 25 "Zoning," and further,
authorize publication by summary only. Ms. Barajas seconded. Motion carried
unanimously.
NEW BUSINESS:
Franklin Conservation District Interlocal Agreement Amendment No. 2
Council and staff discussed the proposed amendment which provides for renewal of
interlocal agreement, in addition to water rights, and the benefit of having the
Conservation District's expertise and historical context on matters.
MOTION: Mr. Maloney moved to approve Amendment No. 2 to the Interlocal
Page 2 of 3 Page 7 of 140
REGULAR MEETING
MINUTES
PASCO CITY COUNCIL APRIL 15, 2019
Cooperative Agreement with the Franklin Conservation District and, further,
authorize the City Manager to execute the agreement. Mr. Martinez seconded.
Motion carried unanimously.
MISCELLANEOUS DISCUSSION:
Mr. Zabell announced the Pasco Softball Complex received the "Outstanding Park
Award" from the National Softball Association.
Mr. Zabell also stated Jon Funfar received a "Best in the Northwest Democracy Action
Award" from the Alliance of Community Media Northwest Region for production of
Council Workshop May 29, 2018.
Mr. Maloney inquired about an update on Comprehensive Plan.
Ms. Barajas invited Council and staff to the First Responders Charity Football Game
on April 20th from 7:00-9:00 p.m. at Lampson Stadium.
Mr. Martinez announced there would be a Safety Expo happening at the HAPO Center
April 16-17.
ADJOURNMENT.
There being no further business, the meeting was adjourned at 7:31 p.m.
PASSED AND APPROVED this 6th day of May, 2019.
APPROVED: ATTEST:
Matt Watkins, Mayor Angela Pashon, Interim City Clerk
Page 3 of 3 Page 8 of 140
AGENDA REPORT
FOR: City Council May 2, 2019
TO: Dave Zabell, City Manager Regular Meeting: 5/6/19
FROM: Richa Sigdel, Director
Finance
SUBJECT: Bills and Communications 05.06.19
I. REFERENCE(S):
Accounts Payable 05.06.19
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve claims in the total amount of $3,748,745.37 ($1,872,035.65 in Check Nos.
228521-228895; $170,316.09 in Electronic Transfer Nos. 824042-824116, 824127-
824146, 824156-824228, 824230-824284, 824287-824296, 824298-824380, 824383,
824388-824397, 824416-824432, 824507; $36,419.83 in Check Nos. 52508-52544;
$1,669,973.80 in Electronic Transfer Nos. 30132796-30133840).
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 9 of 140
REPORTING PERIOD:
May 6, 2019
Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined
Check Numbers 228521-228895 52508-52544
Total Check Amount $1,872,035.65 $36,419.83 Total Checks 1,908,455.48$
Electronic Transfer Numbers 824042-824116 30132796-30133840
824127-824146
824156-824228
824230-824284
824287-824296
824298-824380
824383
824388-824397
824416-824432
824507
Total EFT Amount $170,316.09 $1,669,973.80 $0.00 Total EFTs 1,840,289.89$
Grand Total 3,748,745.37$
Councilmember
827,000.68
41,382.68
0.00
0.00
818.36
0.00
0.00
3,091.47
39,196.49
12,653.19
1,791.22
75,923.38
2,867.72
2,695.13
10,003.19
17,190.97
0.00
177.60
17,427.75
0.00
49,565.89
208.07
12,086.70
0.00
401,658.35
423,675.39
18,669.78
2,570.32
21.21
0.00
0.00
0.00
0.00
1,788,069.83
GRAND TOTAL ALL FUNDS:3,748,745.37$
The City Council
April 11 - May 1, 2019
C I T Y O F P A S C O
Council Meeting of:
Accounts Payable Approved
STREET OVERLAY
City of Pasco, Franklin County, Washington
We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as described
herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim.
Dave Zabell, City Manager Richa Sigdel, Finance Director
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this
6th day of May, 2019 that the merchandise or services hereinafter specified have been received and are approved for payment:
Councilmember
SUMMARY OF CLAIMS BY FUND:
GENERAL FUND
STREET
ARTERIAL STREET
RIVERSHORE TRAIL & MARINA MAIN
C.D. BLOCK GRANT
HOME CONSORTIUM GRANT
NSP GRANT
MARTIN LUTHER KING COMMUNITY CENTER
AMBULANCE SERVICE
CEMETERY
ATHLETIC PROGRAMS
GOLF COURSE
SENIOR CENTER OPERATING
MULTI-MODAL FACILITY
EQUIPMENT RENTAL - OPERATING BUSINESS
SPECIAL ASSESSMENT LODGING
LITTER ABATEMENT
REVOLVING ABATEMENT
TRAC DEVELOPMENT & OPERATING
PARKS
ECONOMIC DEVELOPMENT
HOTEL/MOTEL EXCISE TAX
LID
GENERAL CAP PROJECT CONSTRUCTION
UTILITY, WATER/SEWER
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
STADIUM/CONVENTION CENTER
EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL
EQUIPMENT RENTAL - REPLACEMENT BUSINESS
MEDICAL/DENTAL INSURANCE
OLD FIRE OPEB
FLEX
PAYROLL CLEARING
Page 10 of 140
AGENDA REPORT
FOR: City Council April 24, 2019
TO: Dave Zabell, City Manager Regular Meeting: 5/6/19
FROM: Stan Strebel, Deputy City Manager
Executive
SUBJECT: Parks & Recreation Advisory Board Appointments
I. REFERENCE(S):
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to reappoint Edgar Delgado to Position No. 4 (term expiration date
2/2/22), Jason Ruud to Position No. 6 (term expiration date 2/2/22), and Kate
Bonderman to Position No. 7 (term expiration date 2/2/22), all on the Parks &
Recreation Advisory Board.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
The Parks and Recreation Advisory Board is composed of nine members; terms are
three years. The Board meets on the 1st Thursday of every month at 5:30pm.
The Parks and Recreation Advisory Board advises the City Council on recreation
activities and facilities needed in the community.
V. DISCUSSION:
Mayor Watkins requests Council's concurrence in his reappointment of Edgar Delgado,
Jason Ruud, and Kate Bonderman to the Parks & Recreation Advisory Board.
Page 11 of 140
AGENDA REPORT
FOR: City Council April 24, 2019
TO: Dave Zabell, City Manager Regular Meeting: 5/6/19
FROM: Stan Strebel, Deputy City Manager
Executive
SUBJECT: Planning Commission Appointment
I. REFERENCE(S):
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to reappoint Isaac Myhrum to Position No. 6 (term expiration date
2/2/25) on the Planning Commission.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
The Planning Commission is composed of nine members; terms are for six years. The
Commission meets on the third Thursday of each month at 7:00 pm.
The Planning Commission conducts workshop meetings and public hearings on land-
use policy and development proposals and issues recommendations for the City
Council.
V. DISCUSSION:
Mayor Watkins requests Council's concurrence in his reappointment of Isaac Myhrum
to the Planning Commission.
Page 12 of 140
AGENDA REPORT
FOR: City Council May 1, 2019
TO: Dave Zabell, City Manager Regular Meeting: 5/6/19
FROM: Stan Strebel, Deputy City Manager
Executive
SUBJECT: Pasco Public Facilities District Board Appointment
I. REFERENCE(S):
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to reappoint Caroline Bowdish to Position No. 1 (term expiration
date 7/14/23) on the Pasco Public Facilities District Board.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
The Pasco Public Facilities District Board is composed of five members; terms are for
four years. The Board meets on the third Tuesday, of the first month of the quarter, at
4:00 pm.
V. DISCUSSION:
Mayor Watkins requests Council's concurrence in his reappointment of Caroline
Bowdish to the Pasco Public Facilities District Board.
Page 13 of 140
AGENDA REPORT
FOR: City Council May 1, 2019
TO: Dave Zabell, City Manager Regular Meeting: 5/6/19
FROM: Richa Sigdel, Finance Director
Finance
SUBJECT: General Fund Monthly Report - March 2019
I. REFERENCE(S):
General Fund Report
Contracts/Purchases over $100K and less than $300K
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
N/A
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
The Finance Department provides a monthly financial update to the City Council on
the General Fund, the City's major fund. The Department provides quarterly reports to
Council for other non-major funds.
Council increased the purchasing authority for the City Manager and requested a report
of all contracts over $100,000 and less than $300,000. All contracts over $300,000
require Council authorization.
V. DISCUSSION:
The General Fund is on track for both revenue and expenses as of March 2019 month -
end. While some revenues and expenses might not track with the elapsed time, these
variations can be explained and will not impact the City's budget.
Page 14 of 140
Fund NameFund DescriptionReport MonthMarch, 2019Elapsed Time12%2017 Actual 2018 Actual2019-2020 Budget2019-2020 Actual2019-2020 ProjectedVariance% of Biennial BudgetCommentsRevenuesTaxesProperty 7,963,302 8,352,750 21,548,971 352,674 21,548,971 0 2% Timing of payment from State.Sales 13,180,233 14,154,008 27,519,809 3,316,951 27,519,809 0 12%Public Safety 1,523,723 1,661,707 3,373,400 386,432 3,373,400 0 11%Utility 9,409,979 9,585,916 19,538,919 2,493,179 19,538,919 0 13%Other 1,252,023 1,299,862 2,437,750 328,515 2,437,750 0 13%Licenses & Permits 2,177,235 2,640,720 4,459,000 825,542 4,459,000 0 19%License expiration cycle impacts this area. Will even out in future with new license model.Intergovernmental 2,130,300 2,294,273 4,737,868 350,739 4,737,868 0 7% Timing of payment from State.Charges Goods & Services 6,932,637 7,385,382 15,417,018 1,920,006 15,417,018 0 12%Fines & Forfeits 788,474 943,321 1,811,200 176,911 1,811,200 0 10%Miscellaneous 657,342 1,731,200 1,195,800 841,103 1,195,800 0 70% Property sale revenue not budgeted.Debt & Transfer In 638,000 232,298 17,705,200 34,401 17,705,200 0 0% Timing of debt proceeds and grant transfers.Total Revenues 46,653,248 50,281,437 119,744,935 11,026,452 119,744,935 0 9%ExpendituresCity Council 111,918 124,533 260,540 26,424 260,540 0 10%Municipal Court 1,458,682 1,504,212 3,228,697 310,369 3,228,697 0 10%City Manager 1,709,640 1,635,045 4,261,136 413,005 4,261,136 0 10%Police 16,497,955 16,565,400 35,524,184 3,516,368 35,524,184 0 10%Fire 7,660,554 7,874,894 15,266,340 1,793,299 15,266,340 0 12%Administrative & Community Services 7,370,500 7,502,803 16,217,814 1,537,871 16,217,814 0 9%Community & Economic Development 1,748,053 1916402 3,878,345 418,202 3,878,345 0 11%Finance 2,196,310 2,270,459 5,105,873 527,272 5,105,873 0 10%Engineering 1,726,983 1,555,552 3,791,421 346,712 3,791,421 0 9%Library 1,445,550 1,375,894 2,905,818 354,680 2,905,818 0 12%Non-Departmental 2,025,292 2,795,354 4,367,755 1,182,528 4,367,755 0 27% Insurance premium payment.Debt & Transfer Out 3,592,619 1,914,455 24,224,750 171,252 24,224,750 0 1% Timing of debt payments.Total Expenditures 47,544,056 47,035,003 119,032,673 10,597,982 119,032,673 0 9%Status - LaborStatus - Non LaborAnticipated Future IssueGeneral FundLargest fund within the City portfolio. Taxes are major revenue sources and Public Safety salaries and benefits are major expenses within this fund.Regular and over-time labor is on track, however, overtime patterns are varies with each department. For e.g., Fire Department expends most of its overtime during fire season. Staff will continue to track overtime patterns, and notify Council if/when any action is needed.City is expected to be on track for non labor expenses. Non-Departmental expenditure, that mainly consist of non labor cost is higher than elapsed time. This is to be expected due to large payment of insurance premium made in the begining of the year. General fund could be expected to subsidize Street fund for large portion of snow removal cost. Street fund receives revenue from General fund, as well as Motor Vehicle Fuel Tax from State to operate. By design, the fund maintains low level of fund balance and will need support to absorb impact of this year's snow event. Staff will notify Council when action is needed. Page 15 of 140
$0$5,000$10,000$15,000$20,000$25,000$30,000$35,000$40,000$45,000$50,000JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DECThousands2019 Cumulative General Fund Revenue & Expenditures2019 Cumulative Revenue2019 Cumulative Expenditures5-Yr Average Rev5-Yr Average ExpPage 16 of 140
Recipient Contract Type DescriptionContract AmountAmendment Contract Total Materials Testing & Inspection, LLC. PSA On-Call On-Call Municipal Testing Services Contract No. 19018 $100,000.00 $0.00 $100,000.00Contracts/Purchases Over $100,000 and less than $300,000Page 17 of 140
AGENDA REPORT
FOR: City Council May 1, 2019
TO: Dave Zabell, City Manager Regular Meeting: 5/6/19
FROM: Rick White, Associate Planner
Community & Economic Development
SUBJECT: Homeless Temporary Shelters
I. REFERENCE(S):
Proposed Ordinance
Planning Commission Packet Dated: 2/21/2019
Planning Commission Minutes Dated: 1/17/2019 and 2/21/2019
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: 25.205 creating ______, No. Chapter adopt to move Ordinance I
"Homeless Temporary Shelters."
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
On January 22, 2018 the City Council held a workshop to discuss homeless shelter
provisions for religious organizations. City Council subsequently sent the item to the
Planning Commission for review.
Staff subsequently worked with the City Attorney's office over the space of several
months to address concerns and to craft a useable and defensible ordinance.
In November and December of 2018 the Planning Commission held Workshops to
discuss the code amendments for temporary homeless shelters for religious
organizations. Staff explained to the Planning Commission that court cases have
clearly trended towards religious organizations being able to use their property for that
purpose.
In January of 2019 the Planning Commission held a public hearing to consider
amending PMC Title 25 by creating a new Chapter 25.99 "Homeless Temporary
Shelters." Following the conduct of a public hearing, the Planning Commission has
Page 18 of 140
recommended approval of the attached ordinance.
City Council reviewed the proposed ordinance most recently at the March 11, 2019
Council Workshop. Between the March 11th Workshop and now, staff has revised the
proposed ordinance for consistency with the renumbered Pasco Municipal Code and
continued to consult with legal resources regarding current court system decisions.
V. DISCUSSION:
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 "preemption" of full local control of land use issues involving establishing
and conducting homeless facilities or services.
The proposed ordinance:
• requires a Special Permit application;
• focuses specific requirements of the shelter on health, safety, and general
welfare of both site occupants and surrounding neighbors;
• establishes a maximum timeframe for the duration of the temporary shelter;
• addresses site security through photo ID requirements, simple background
checks, alcohol, of prohibition conduct and codes plans, security of
nonprescription drugs, weapons, violence and open fires.
Both legal and municipal authorities recommend that communities prepare ordinances
that detail the requirements for religious organizations that wish to sponsor homeless
shelters before the community is faced with an immediate application for a shelter.
Municipalities cannot necessarily deny religious organizations from establishing
shelters, but they can be reasonably regulated.
The larger issues of use of public rights of way or public property for homeless
camping/accommodations are not intended to be addressed by this proposed ordinance
which is narrowly written to focus on a religious organization's use of their own
property.
The issues for accommodating homeless on both private and public property are
proceeding through various court systems in multiple cases and jurisdictions and case
law continues to evolve.
Staff requests Council's favorable consideration of the proposed ordinance establishing
criteria for temporary homeless shelters for religious organizations on property under
their ownership or control.
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ORDINANCE NO. ________
AN ORDINANCE of the City of Pasco, Washington
Creating Chapter 25.205 “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 25.205 of the Pasco Municipal Code entitled “Homeless
Temporary Shelters” shall be and hereby is created and shall read as follows:
Chapter 25.205
HOMELESS TEMPORARY SHELTERS
Sections:
25.205.010 Purpose and Duty.
25.205.020 Definitions.
25.205.030 Special Permit Required – Who May Apply.
25.205.040 Application Procedures.
25.205.050 Requirements for Approval.
25.205.060 Process for Final Approval.
25.205.070 Requirements Upon Approval.
25.205.080 Fire, Safety, and Health.
25.205.090 Limitations.
25.205.100 Revocation.
25.205.110 Proof of Insurance.
25.205.120 Emergency Shelters.
25.205.130 Penalty for Violations.
25.205.140 Severability.
25.205.010 PURPOSE AND DUTY. The City recognizes the rights of religious
organizations to exercise their religious liberties and understands that this religious exercise may
include hosting those who are homeless or transient. It is the purpose of this Chapter to provide a
standardized application process for a special permit for those religious organizations wishing to
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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.
25.205.020 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.
H) “Occupancy registration” means a City-issued permit for the operation of a
noncommercial use not otherwise regulated by Chapter 5.05 PMC.
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I) “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.
25.205.030 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.
25.205.040 APPLICATION PROCEDURES. Each managing agency shall apply for
a special permit under this section and shall certify compliance with all applicable requirements
for approval and conditions of this Chapter and the application.
A) As part of the special permit review process the managing agency shall submit an
application to the Department containing the following information:
1) The name, street address, and telephone number of the managing agency;
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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 § 25.205.050(B); and
(10) Proof of insurance that satisfies the requirements of PMC § 25.205.110.
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.
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 5.10 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.
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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.
25.205.050 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.
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
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permitted temporary shelter will 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.
B) Security.
1) Operations and Security Plan. The managing agency shall demonstrate the
capacity to implement the operations and security plan required by PMC §
25.205.040(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
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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.
(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.
25.205.060 PROCESS FOR FINAL APPROVAL. Applications for a special permit
for a homeless temporary shelter shall be processed pursuant to Title 4 PMC.
25.205.070 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 § 25.205.050(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.
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(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 any jurisdiction in the United States, the managing agency shall
immediately report the finding to the City’s Police Department for the apprehension of
the individual.
2) Sex Offender Status. If the sex offender status check reveals that the
individual is a registered sex offender, the individual shall not be admitted to the
permitted 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.
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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.
I) 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.
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;
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(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.
25.205.080 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.
(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.
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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.
25.205.090 LIMITATIONS.
A) Duration. Permitted temporary shelters may be approved for a time period not to
exceed one hundred eighty (180) days.
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.
25.205.100 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.
25.205.110 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.
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25.205.120 EMERGENCY SHELTERS. The provisions of this Chapter shall not
apply to emergency or cold weather shelters as defined in PMC 25.15.050 and permitted under
the provisions of PMC 25.200 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.
25.205.130 PENALTY FOR VIOLATIONS.
A) Every person who violates PMC 25.205.030(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
9.90 PMC (Public Nuisances) or Chapter 16.70 PMC (Unsafe and Unfit Buildings, Structures,
and Premises) to homeless temporary shelters, either permitted or unpermitted.
25.205.140 SEVERABILITY. If any section, subsection, sentence, clause, phrase, or
other portion of this chapter, or its application to any person, is for any reason declared invalid in
whole or in part by any court or agency of competent jurisdiction, said decision shall not affect
the validity of the remaining portions hereof.
Section 2. This Ordinance shall take full force and effect five (5) days after its
approval, passage, and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this ____ day of __________________, 2019.
_____________________________
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ___________________________________
City Clerk Kerr Ferguson Law Group, City Attorney
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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
1
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 la nd 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
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2
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.
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3
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 de facto "pre‐emption" of full local control
of land use issues involving establishing and conducting homeless facilities or services.
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4
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.
RECOMMENDATION
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.
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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
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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.
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H) “Occupancy registration” means a City‐issued permit for the operation of a
noncommercial use not otherwise regulated by Chapter 5.04 PMC.
I) “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.
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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.
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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.
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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 shelter will 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.
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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.
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(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 any jurisdiction in the United States, the managing agency shall
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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.
I) 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.
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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.
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(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.
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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 applicat ion 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
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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
APPROVED AS TO FORM:
___________________________________
ATTEST:
_____________________________
City Clerk Leland B. Kerr, City Attorney
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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
»» 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
Page 49 of 140
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.
Page 50 of 140
MINUTES
PLANNING COMMISSION MEETING
City Hall – 525 North Third Avenue – Council Chambers
THURSDAY, JANUARY 17, 2019
7:00 PM
Planning Commission Meeting Page 1 January 17, 2019
PUBLIC HEARINGS:
C. Code Amendment Temporary Shelters (MF# CA 2018-001)
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
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.
Commissioner Bowers asked if there would be measures to address any problems or if the code would be
revisited.
Page 51 of 140
Planning Commission Meeting Page 2 January 17, 2019
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.
Page 52 of 140
MINUTES
PLANNING COMMISSION MEETING
City Hall – 525 North Third Avenue – Council Chambers
THURSDAY, FEBRUARY 21, 2019
7:00 PM
Planning Commission Meeting Page 1 February 21, 2019
OLD BUSINESS:
A. Code Amendment Temporary Shelters (MF# CA 2018-001)
Chairperson Myhrum read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the proposed code amendment
regarding temporary shelters. Staff had no further comments to add since the previous meeting.
Commissioner Bowers asked about homeless populations that were victims of domestic violence and if there
was anything included in the proposed code that addressed the domestic violence population.
Mr. White replied that there was not.
Commissioner Roach stated that she appreciated the work done by staff who had addressed any concerns
and comments discussed previously by the Commission. She asked for clarification regarding site criteria and
the adequate number of parking spaces. She wanted to know how that number would be calculated.
Mr. White answered that most of the proposed ordinance is strategically vague because many matters, such
as parking, would need to be done by a case by case determination. Many conditions would be based on the
number of people as well as clarification from the managing entity.
Commissioner Roach added that there are many churches that operate preschools so those would likely need
to be looked at on individually.
Commissioner Mendez noted that the proposed ordinance appears to be driven by the state RCW, but in that
it specifically mentions religious organizations. He asked if it would apply to all non-profits or just religious
organizations.
Mr. White said it would apply to all non-profits and would be able to apply for a special permit.
Commissioner Greenaway asked about adding in wording for non-profits to the ordinance.
Mr. White said it wasn’t necessary.
Chairperson Myhrum stated that he appreciated the thorough process and the language is very thorough.
Commissioner Roach appreciated the code of conduct and the examples provided. She asked what the
process would be for the City if the organization breaks their code of conduct and if it would be penalized.
Mr. White said the managing entity will have to manage their code of conduct and they will be the responsible
Page 53 of 140
Planning Commission Meeting Page 2 February 21, 2019
party. If there is a problem it will likely be handled much like Code Enforcement handles chronic nuisance
properties.
Commissioner Roach moved, seconded by Commissioner Greenaway, the Planning Commission adopt the
findings of fact as contained in the February 21, 2019 staff memo regarding temporary shelters. The motion
passed unanimously.
Commissioner Roach moved, seconded by Commissioner Greenaway, 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. The motion passed unanimously.
Page 54 of 140
AGENDA REPORT
FOR: City Council April 30, 2019
TO: Dave Zabell, City Manager
Rick White, Director
Community & Economic Development
Regular Meeting: 5/6/19
FROM: Darcy Bourcier, Planner I
Community & Economic Development
SUBJECT: Rezone from RS-20 to RS-12 (Black Belle Estates) (MF# Z2019-003)
I. REFERENCE(S):
Vicinity Map
Proposed Ordinance
Report to Planning Commission Dated: 4/18/2019
Planning Commission Minutes Dated: 3/21/2019 and 4/18/2019
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. ______, rezoning three parcels between
Road 52 and Road 54 south of West Court Street from RS -20 to RS-12 and further,
authorize publication by summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
On March 21, 2019 the Planning Commission conducted a public hearing to consider a
request to rezone three parcels located between Roads 52 and 54 south of West Court
Street from RS-20 (Suburban) to RS-12 (Suburban).
Following the conduct of a public hearing, the Planning Commission reasoned it would
be appropriate to rezone the subject parcels to RS-12 and is recommending Council
approval of the requested rezone as contained in the Staff Report.
V. DISCUSSION:
Page 55 of 140
The applicant is seeking to rezone the subject site from RS-20 to RS-12 in order to
subsequently subdivide the three parcels into 33 single -family lots (Black Belle
Estates). RS-20 zoning permits one single-family dwelling unit per 20,000 square feet
of lot area, while RS-12 zoning requires only 12,000 square feet of lot area per
dwelling. Further, the City has partnered with the applicant to extend municipal sewer
facilities northward from West Sylvester Street in order to serve the development. The
availability of sewer as well as a density increase resulting from a rezone will enable
more effective use of the acreage available for development.
The preliminary plat associated with the rezone site (Black Belle Estates) was
submitted shortly after the rezone request and its approval will be contingent upon the
approval of this rezone. It has been designed in accordance with the density standards
of the RS-12 zoning district and sewer availability.
Page 56 of 140
City of Pasco, IS Division
/Vicinity
Map
0 360 720180Feet
W Henry St
Road 52Road 54W Margaret StRoad 56Road 50Item: Rezone - RS-20 to RS-12 Black Belle Estates
Applicant: J&J Kelly Construction, Inc.
File #: Z2019-003
Page 57 of 140
ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON REZONING THREE
PARCELS BETWEEN ROAD 52 AND ROAD 54 SOUTH OF WEST COURT STREET FROM RS-20
(SUBURBAN) TO RS-12 (SUBURBAN).
WHEREAS, a complete and adequate petition for change of zoning classification has been
received and an open record hearing having been conducted by the Pasco Planning Commission upon such
petition; and,
WHEREAS, that the effect of the requested change in zoning classification shall not be
materially detrimental to the immediate vicinity; and,
WHEREAS, based upon substantial evidence and demonstration of the Petitioner, that: (A)
the requested change for the zoning classification is consistent with the adopted Comprehensive Plan; (B)
the requested change in zoning classification is consistent with or promotes the goals and objectives of the
Comprehensive Plan serving the general public interest in the community; and (C) there has been a change
in the neighborhood or community needs or circumstances warranting the requested change of the zoning
classification; and (D) the Planning Commission developed findings which are hereby adopted by the City
Council; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map,
accompanying and being part of said Ordinance shall be and hereby is changed from RS-20 (Suburban) to
RS-12 (Suburban) for the real property as shown in the Exhibit “1” attached hereto and described as
follows:
Short Plat 79-28 Lot 4 Except for future road R/W (APN # 119611082)
Short Plat 79-28 Lot 3 (APN # 119611094)
Portion of the NE Quarter of the SE Quarter of the NE Quarter of Section 27, Township 9
North, Range 29 East, W.M (APN # 119641013)
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 this _____ day of ________________,
2019.
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk Kerr Ferguson Law Group
Page 58 of 140
REPORT TO PLANNING COMMISSION
PLANNING COMMISSION MEETING
City Hall – 525 North Third Avenue – Council Chambers
THURSDAY, APRIL 18, 2019
7:00 PM
1
MASTER FILE #: Z 2019-003
APPLICANT: J&J Kelly Construction, Inc.
1006 Christopher Ln
Pasco WA 99301
REQUEST: REZONE: Rezone 3 parcels from RS-20 (Suburban) to RS-12
(Suburban)
BACKGROUND
1. PROPERTY DESCRIPTION:
Legals:
Lot 1: Short Plat 79-28 Lot 4 Except for future road R/W (APN # 119611082)
Lot 2: Short Plat 79-28 Lot 3 (APN # 119611094)
Lot 3: Portion of the NE Quarter of the SE Quarter of the NE Quarter of Section 27, Township 9
North, Range 29 East, W.M
General Location: Between Roads 52 and 54 south of W Court Street
Property Size: The site consists of three parcels comprising approximately 15.3 acres
2. ACCESS: The property has access from Road 52 and Road 54
3. UTILITIES: Municipal water is available in both Road 52 and Road 54. Municipal sewer is not
available but is planned for the near future
4. LAND USE AND ZONING: The lots are currently vacant and are zoned RS-20 (Suburban).
Surrounding properties are zoned and developed as follows:
NORTH: RS-20 New single-family development
EAST: RS-12 SFDUs
SOUTH: RS-20 SFDUs
WEST: RS-20 SFDUs
5. Comprehensive Plan: The Comprehensive Plan indicates the site is intended for low-density
residential development. According to the Comprehensive Plan, low-density residential
development means 2 to 5 dwelling units per acre. The criteria for allocation under the future
land use section of Volume II of the Comprehensive Plan (Vol. II, page 17) encourages
development of lands designated for low-density residential uses when or where sewer is
available; the location is suitable for home sites; and there is a market demand for new home
sites. Policy H-1-E encourages the advancement of home ownership, and Goal H-2 suggests the
City strive to maintain a variety of housing options for residents of the community. Goal LU-2
Page 59 of 140
2
encourages the maintenance of established neighborhoods and the creation of new
neighborhoods that are safe and enjoyable places to live.
6. ENVIRONMENTAL DETERMINATION: Based on the SEPA checklist, the adopted City
Comprehensive Plan, City development regulations, testimony at the public hearing and other
information, a Mitigated Determination of Non-Significance (MDNS) has been issued for this
project (WAC 197-11-355).
ANALYSIS
In July of 2018 the Planning Commission discussed a proposed 22-lot preliminary plat by the name of Black
Belle Estates in this location. However, the City suggested that—to avoid the use of septic systems within the
incorporated areas—the City should assist the developer in extending municipal sewer facilities up from W
Sylvester Street. Lots connected to City sewer are permitted at much smaller sizes because they do not
support septic systems. The hearing for the plat was continued numerous times while negotiations occurred
until finally the item was tabled until an agreement could be made.
At this time, the developer seeks to rezone the site from RS-20 to RS-12 to prepare for his eventual submittal
of the revised preliminary plat, which will accommodate the density standards of the RS-12 zoning district.
Under these standards, one single-family house is permitted for each 12,000 square feet at the minimum; in
contrast, RS-20 density standards permit only one single-family house every 20,000 square feet. Further, the
previous version of the Black Belle Estates plat proposed a density of approximately 1.4 dwelling units per
acre—well below the Comprehensive Plan’s suggestion of 2 to 5 units per acre for areas designated Low
Density. Considering this, staff believes the land would be most effectively utilized with a more dense
development to better serve Pasco’s growing community.
An agreement has since been entered into between the City and the developer to extend the necessary sewer
facilities to the rezone/future plat area. Thus, the developer intends to submit a new 34-lot preliminary plat
within the next month or two.
The rezone site was annexed into the City in 2013 and was zoned RS-20. At the time of annexation, the
Planning Commission considered the character of the neighborhood and the lack of sanitary sewer service
prior to recommending RS-20 zoning. Now, the City must take into account the rate at which Pasco is growing
in population and how Pasco will accommodate such rapid growth.
Rezone Criteria
The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria
are listed below as follows:
1. The date the existing zone became effective:
The current zoning classification of RS-20 (Suburban) became effective on January 1, 2013 (Ordinance 4077),
upon annexation into the City.
2. The changed conditions, which are alleged to warrant other or additional zoning:
The City of Pasco is growing at a rate in which a population of 121,828 is expected by the year 2038. Over
15,000 new residential dwelling units will need to be constructed in Pasco over the next 20 years. Infill
developments are crucial to mitigating the effects of such a rapid population increase, and a rezone of the
property to a denser zoning district will facilitate its development.
3. Facts to justify the change on the basis of advancing the public health, safety and general welfare:
Page 60 of 140
3
The proposed zoning request is consistent with the Comprehensive Plan which has been determined to be in
the best interest of advancing public health, safety and general welfare of the community. The rezone will
allow for development of more single-family homes for Pasco residents.
4. The effect it will have on the value and character of the adjacent property and the Comprehensive
Plan:
A change in zoning classification may ultimately result in the establishment of single-family residential
development consistent with the Comprehensive Plan. Any development will require developers to
install/upgrade street, utilities and landscaping in the area, thus improving the value of surrounding
properties.
5. The effect on the property owner or owners if the request is not granted:
The property owner may develop the site at the allowed RS-20 density requirements.
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 applicant has applied to rezone three tax parcels from RS-20 (Suburban) to RS-12 (Suburban).
2. The applicant is seeking to rezone in order to plat the site with a more dense development.
3. The site is within the Pasco Urban Growth Boundary.
4. The State Growth Management Act requires urban growth and urban densities to occur within the
Urban Growth Boundaries.
5. The site is relatively flat.
6. The site currently contains two houses.
7. The site is not considered a critical area, a mineral resource area, or a wetland.
8. The Comprehensive Plan identifies the site for low-density residential development, which permits
the following zones: RS-20, RS-12, RS-1, and R-1.
9. Low-density residential development is described in the Comprehensive Plan as two to five dwelling
units per acre.
10. The minimum lot area in the RS-20 zone is 20,000 square feet.
11. The minimum lot area in the RS-12 zone is 12,000 square feet.
12. The site currently does not have access to sewer; however, the City and developer have entered into
an agreement to extend a sewer line northward from W Sylvester Street to the site.
Page 61 of 140
4
CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of a rezone the Planning Commission must develop findings of fact
from which to draw its conclusions based upon the criteria listed in PMC 25.86.060. The criteria are as
follows:
1. The proposal is in accordance with the goals and policies of the Comprehensive Plan.
The proposal is consistent with the Comprehensive Plan Land Use Map and Comprehensive Plan Policy Land
Use Goals. Low-Density Residential development suggests 2 to 5 dwelling units per acre. The criteria for
allocation under the future land use section of Volume II of the Comprehensive Plan (Vol. II, page 17)
encourages development of lands designated for low-density residential uses when or where sewer is
available; the location is suitable for home sites; and there is a market demand for new home sites.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
The immediate area is shown in the Comprehensive Plan for Low-Density Residential zoning, which permits
zones RS-20, RS-12, RS-1, and R-1. The proposed rezone is consistent with the referenced Plan; as such, this
proposal will not be materially detrimental to future nearby developments that will need to conform to the
provision of the Plan.
3. There is merit and value in the proposal for the community as a whole.
The proposed zoning is consistent with the Comprehensive Plan Land Use Map. Further, Pasco’s rapidly
growing population will be better served with denser residential developments. Creating housing to
accommodate the City’s growth is crucial and valuable for the community as a whole. The proposal is
supported by land use goals and policies contained in the Comprehensive Plan.
4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal.
The Pasco Municipal Code includes design standards for residential development. The Preliminary Platting
process requires review through the Planning Commission and City Council. If or when applicant pursues the
development of this property, he will be required to conform to subdivision and design standards established
by the PMC. No special conditions are proposed.
5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the
terms and conditions of such an agreement.
If or when applicant pursues the development of this property, he will be required to conform to subdivision
and design standards established by the PMC. No Concomitant Agreement is considered necessary for this
application.
RECOMMENDATION
MOTION: I move to adopt Findings of Fact and Conclusions therefrom as contained in the April 18,
2019 staff report.
MOTION: I move based on the Findings of Fact and Conclusions as adopted the Planning
Commission recommend the City Council rezone three parcels located between Roads
52 and 54 south of West Court Street from RS-20 to RS-12.
Page 62 of 140
City of Pasco, IS Division
/Overview
Map
0 850 1,700425Feet
W Court St
Road 52Road 54W Sylvester StRoad 60Road 48Item: Rezone - RS-20 to RS-12 Black Belle Estates
Applicant: J&J Kelly Construction, Inc.
File #: Z2019-003
Page 63 of 140
City of Pasco, IS Division
/Vicinity
Map
0 360 720180Feet
W Henry St
Road 52Road 54W Margaret StRoad 56Road 50Item: Rezone - RS-20 to RS-12 Black Belle Estates
Applicant: J&J Kelly Construction, Inc.
File #: Z2019-003
Page 64 of 140
/Land Use
Map
0 360 720180Feet
W Henry St
Road 52Road 54W Margaret StRoad 56Road 50Item: Rezone - RS-20 to RS-12 Black Belle Estates
Applicant: J&J Kelly Construction, Inc.
File #: Z2019-003
SFDUs
SFDUs
Agriculture
SFDUs
Page 65 of 140
/Zoning
Map
0 360 720180Feet
W Henry St
Road 52Road 54W Margaret StRoad 56Road 50Item: Rezone - RS-20 to RS-12 Black Belle Estates
Applicant: J&J Kelly Construction, Inc.
File #: Z2019-003
RS-12
RS-20
County
Page 66 of 140
Looking North
Page 67 of 140
Looking East
Page 68 of 140
Looking South
Page 69 of 140
Looking West
Page 70 of 140
MINUTES
PLANNING COMMISSION MEETING
City Hall – 525 North Third Avenue – Council Chambers
THURSDAY, MARCH 21, 2019
7:00 PM
Planning Commission Meeting Page 1 March 21, 2019
PUBLIC HEARINGS:
C. Rezone Rezone from RS-20 to RS-12 (J&J Kelly Construction) (MF# Z
2019-003)
Chairperson Roach read the master file number and asked for comments from staff.
Darcy Bourcier, Planner I, discussed the rezone application from RS-20 to RS-12. In July 2018, the Planning
Commission reviewed a preliminary plat application, Black Belle estates, and originally 22 lots and zoned for
RS-20. To avoid septic systems in the city limits, the city proposed an agreement with the developer to extend
the sewer to this site but due to lengthy negotiations the project was tabled. An agreement has been made
and the developer wishes to rezone the property from RS-20 to RS-12 to allow for sewer hookup to the site
and to accommodate more lots. RS-12 zoning conforms to the Comprehensive Plan, as the RS-20 zoning
district was well below the allowable density. The revised preliminary plat will be brought to the Planning
Commission shortly but the rezone must be approved first.
Commissioner Greenaway asked if sewer connection was already in the area.
Ms. Bourcier said not at the moment, however, it would be in the time the homes are built.
Jeff Kelly, 1006 Christopher Lane, spoke in support of his rezone application. He stated that it wouldn’t make
sense to bring sewer connection without increasing the density. He felt the he and the city were of the same
understanding.
Jeanne Colvin, 920 Road 54, spoke in opposition of the proposed rezone. Her main concern was the increased
density and traffic. She asked what the layout of the proposed development would look like and if they could
hook into the sewer that would be brought to this site.
Chairperson Roach replied that the plat is unknown at this time but will be reviewed during a public hearing
during the preliminary plat phase. She asked staff if sewer were to be brought to the area if citizens nearby
could form an LID to hook into the sewer.
Rick White, Community & Economic Development Director, stated that the city does not know at this time.
Commissioner Myhrum, moved, seconded by Commissioner Greenaway, to close the hearing on the
proposed rezone and set April 18, 2019 as the date for deliberations and the development of a
recommendation for City Council. The motion passed unanimously.
Page 71 of 140
MINUTES
PLANNING COMMISSION MEETING
City Hall – 525 North Third Avenue – Council Chambers
THURSDAY, APRIL 18, 2019
7:00 PM
Planning Commission Meeting Page 1 April 18, 2019
OLD BUSINESS:
B. Rezone Rezone from RS-20 to RS-12 (J&J Kelly Construction) (MF# Z
2019-003)
Chairperson Myhrum read the master file number and asked for comments from staff.
Darcy Bourcier, Planner I, discussed the rezone application from RS-20 (Residential Suburban) to RS-12
(Residential Suburban). There were no additional comments from staff.
Chairperson Myhrum addressed the traffic concerns though given the traffic estimate, he felt that the
infrastructure in the area could support the increased traffic.
Ms. Bourcier responded that both Road 54 and Road 52 will be evaluated on current standards for streets
and improvements will be required and if determined necessary.
Commissioner Mendez discussed a letter submitted to the Planning Commission with concerns and objecting
RS-12 zoning.
Ms. Bourcier stated that the letter was received on April 18, 2019. The hearing for this item closed at the
previous month so staff believes this letter was received for the plat that is on the agenda for a public hearing
which goes along with the rezone.
Commissioner A. Campos moved, seconded by Commissioner Bowers to adopt findings of fact and
conclusions therefrom as contained in the April 18, 2019 staff report. The motion passed unanimously.
Commissioner A. Campos moved, seconded by Commissioner Bowers, based on the findings of fact and
conclusions, as adopted, the Planning Commission recommend the City Council rezone three parcels located
between Roads 52 and 54 south of West Court Street from RS-20 to RS-12. The motion passed unanimously.
Page 72 of 140
AGENDA REPORT
FOR: City Council April 30, 2019
TO: Dave Zabell, City Manager
Rick White, Director
Community & Economic Development
Regular Meeting: 5/6/19
FROM: Darcy Bourcier, Planner I
Community & Economic Development
SUBJECT: Rezone from RT to R-1 (Salas) (MF# Z2019-001)
I. REFERENCE(S):
Vicinity Map
Proposed Ordinance
Report to Planning Commission Dated: 4/18/2019
Planning Commission Minutes Dated: 3/21/2019 and 4/18/2019
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. ______, rezoning five parcels east of
Heritage Boulevard from RT to R-1 and further, authorize publication by summary
only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
On March 21 and April 18, 2019 the Planning Commission conducted public hearings
to consider a request to rezone five parcels located east of Heritage Boulevard roughly
aligned with East Helena Street from RT (Residential Transition) to R-1 (Low Density
Residential).
Following the conduct of a public hearing, the Planning Commission reasoned it would
be appropriate to rezone the subject parcels to R-1 and is recommending Council
approval of the requested rezone as contained in the Staff Report.
Page 73 of 140
V. DISCUSSION:
The applicant is seeking to rezone the subject site from RT to R -1 in order to create a
residential subdivision of single-family homes. RT zoning can be considered a
"placeholder" zone and permits only one single-family dwelling per five acres. R-1
zoning, however, allows one dwelling per 7,200 square feet of land area.
The applicant has not yet submitted a subdivision application for the rezone site.
Page 74 of 140
Item:SalApplicantVicinitysRezone-RTtoR-1EnriqueSalas019-001Page 75 of 140
ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON REZONING FIVE
PARCELS EAST OF HERITAGE BOULEVARD FROM RT (RESIDENTIAL TRANSITION) TO R-1
(LOW DENSITY RESIDENTIAL).
WHEREAS, a complete and adequate petition for change of zoning classification has been
received and an open record hearing having been conducted by the Pasco Planning Commission upon such
petition; and,
WHEREAS, that the effect of the requested change in zoning classification shall not be
materially detrimental to the immediate vicinity; and,
WHEREAS, based upon substantial evidence and demonstration of the Petitioner, that: (A)
the requested change for the zoning classification is consistent with the adopted Comprehensive Plan; (B)
the requested change in zoning classification is consistent with or promotes the goals and objectives of the
Comprehensive Plan serving the general public interest in the community; and (C) there has been a change
in the neighborhood or community needs or circumstances warranting the requested change of the zoning
classification; and (D) the Planning Commission developed findings which are hereby adopted by the City
Council; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map,
accompanying and being part of said Ordinance shall be and hereby is changed from RT (Residential
Transition) to R-1 (Low Density Residential) for the real property as shown in the Exhibit “1” attached
hereto and described as follows:
Washington Addition Block 4 (APN 113881015)
Washington Addition Block 3 Lots 1 & 2 (APN 113882014)
Washington Addition Block 3; Lots 3 to 22 (APN 113882023)
Washington Addition Block 2 (APN 113883013)
Washington Addition Block 6 Lots 1 THRU 8 (APN 113882103)
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 this _____ day of ________________,
2019.
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk Kerr Ferguson Law Group
Page 76 of 140
PLANNING COMMISSION MEETING
City Hall – 525 North Third Avenue – Council Chambers
THURSDAY, April 18, 2019
7:00 PM
1
MASTER FILE #: Z 2019‐001
APPLICANT: Enrique Salas
4616 Ivy Rd
Pasco WA 99301
REQUEST: REZONE: Rezone 3 parcels from RT (Residential Transition) to
R‐1 (Low‐Density Residential)
BACKGROUND
1. PROPERTY DESCRIPTION:
Legals:
Lot 1: Washington Addition Block 4 (APN #113881015)
Lot 2: Washington Addition Block 3 Lots 1 & 2 (APN # 113882014)
Lot 3: Washington Addition Block 3; Lots 3 to 22 (APN #113882023)
Lot 4: Washington Addition Block 2 (APN #113883013)
Lot 5: Washington Addition Block 6 Lots 1 THRU 8 (APN #113882103)
General Location: East of Heritage Boulevard, roughly aligned with East Helena Street
Property Size: The site consists of three parcels comprising approximately 4.77 Acres, as follows:
Lot # Sq. Ft. Acres
Lot 1 61,342 1.41
Lot 2 4,228 0.10
Lot 3 57,119 1.31
Lot 4 61,389 1.41
Lot 5 23,533 0.54
Total 207,611 4.77
2. ACCESS: The parcels are currently landlocked; East Helena Drive would need to extend east from
Heritage Boulevard, along the south of the lots and through to what is now called Primavera Drive
in the Tierra Vida subdivision to the east. A road extending from between lots 2 and 3 may be
required to extend south to East “A” Street.
3. UTILITIES: Both water and sewer would need to be extended from either Primavera Drive to the
east and/or at the intersection of Heritage Boulevard and East Helena Drive to the west.
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4. LAND USE AND ZONING: The lots are currently vacant and are zoned RT (Residential Transition).
Surrounding properties are zoned and developed as follows:
NORTH: C‐3 Salvaged Auto Storage
EAST: R‐1 Vacant
SOUTH: RT; C‐3 Vacant
WEST: RT Vacant
5. Comprehensive Plan: Under the current Comprehensive Plan land use designation of Low‐Density
Residential, the land could be zoned R‐S‐20, R‐S‐12, R‐S‐1, R‐1, and/or R‐1‐A.
Land Use Goal H‐1 Encourages housing for all economic segments of the city’s population. Housing
in east Pasco is typically more affordable than the rest of the Tri‐cities area. Land Use Policy H‐1‐
D Policy further encourages avoiding large concentrations of high‐density housing. The land is
close to two Tierra Vida apartment developments. Goal H‐2 encourages the City to “strive to
maintain a variety of housing consistent with the local and regional market.” Policy H‐2‐A
Advocates for a full range of residential environments including single family homes.
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
Applicant is seeking to rezone tax parcels located east of Heritage Boulevard, roughly aligned with East
Helena Street from RT (Residential Transition) to R‐1 (Low‐Density Residential), consistent with the
Comprehensive Plan designation for the property.
The site, platted in 1913 as the Washington Addition to Pasco, was originally designed as a residential
neighborhood but was never developed. The site is vacant. The site was annexed into the City in 1994
(Ordinance 3033) and assigned the Residential Transition zoning designation. The RT zone is typically used
as a holding zone for areas that lack utility services. As utilities and infrastructure become available RT
zoned properties are then zoned to match the land use designations of the Comprehensive Plan.
The Comprehensive Plan designates the site for Low‐Density Residential uses. The area identified as low‐
density residential development by the Comprehensive Plan is described as Residential development at a
density of 2 to 5 dwelling units per acre and could be zoned R‐S‐20, R‐S‐12, R‐S‐1, R‐1, and/or R‐1‐A.
This report went to Planning commission in March but there was some confusion on which sites were to
be included in the rezone, specifically parcel # 113882103 (listed as “Lot 5” above), which was purchased
by applicant and business partners but not included on the initial application; and parcel # 113882014
(listed as “Lot 2” above), the owner of which has not responded to our public notice and whom we suspect
is deceased.
The second parcel comprises two lots at the far upper left of parcel #113882023 (“Lot 3” above), and
excluding it from the rezone would result in an illegal “spot zoning” situation. Spot Zoning has been
defined as “arbitrary and unreasonable zoning action by which a smaller area is singled out of a larger
area or district and specially zoned for use classification totally different from and inconsistent with the
classification of the surrounding land, not in accordance with a comprehensive plan” (See: Narrowsview
Preservation Association v. City of Tacoma, 84 Wn.2d 416 (1974)).
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As a result, staff sent out a new public notice, including the updated parcel list, to all owners listed on the
Franklin County Tax Assessor’s roll for the parcels listed, and within 300 feet of same.
Rezone Criteria
The initial review criteria for considering a rezone application are explained in PMC. 25.88.030. The criteria
are listed below as follows:
1. The date the existing zone became effective:
The current zoning classification of RT (Residential Transition) became effective on July 23, 1994
(Ordinance 3033), upon annexation into the City.
2. The changed conditions, which are alleged to warrant other or additional zoning:
Heritage Boulevard has been upgraded and realigned to accommodate heavy truck traffic originating from
the industrially zoned properties to the south, and some industrial uses have been developed to the
southeast of the site. High‐density housing has been developed to the east (Tierra Vida Apartments). West
of Heritage Boulevard, low‐density residential has been developed as the Sunrise Estates neighborhood.
3. Facts to justify the change on the basis of advancing the public health, safety and general welfare:
The proposed zoning request is consistent with the Comprehensive Plan which has been determined to be
in the best interest of advancing public health, safety and general welfare of the community. The rezone
will allow for development of single‐family homes for Pasco residents.
4. The effect it will have on the value and character of the adjacent property and the Comprehensive
Plan:
A change in zoning classification may ultimately result in the establishment of single‐family residential
development consistent with the Comprehensive Plan. Any development will require developers to
install/upgrade street, utilities and landscaping in the area, thus improving the value of surrounding
properties on Heritage Boulevard, East “A” Street, and in the Tierra Vida subdivision.
5. The effect on the property owner or owners if the request is not granted:
Because the RT zoning permits single family homes on a minimum of 5 acres for development, and the
property zoned RT comprises approximately 4.77 acres, the property owners will be severely limited by the
constraints of the RT zoning designation in their ability to either develop or to sell the property.
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. Applicant has applied to rezone three tax parcels from RT (Residential Transition) to R‐1 (Low‐
Density Residential),
2. The proposed rezone is consistent with the Comprehensive Plan designation for the property.
3. The parcels are located east of Heritage Boulevard, roughly aligned with East Helena Street.
4. The site was platted in 1913 as the Washington Addition to Pasco.
5. The site was originally designed as a residential neighborhood.
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6. The site is vacant.
7. The site was annexed into the City in 1994 (Ordinance 3033).
8. The site is zoned RT (Residential Transition).
9. The RT zone is typically used as a holding zone for areas that lack utility services.
10. RT zoned properties are rezoned consistent with the land use designations of the Comprehensive
Plan as utilities and infrastructure become available.
11. The current Comprehensive Plan land use designation is Low‐Density Residential.
12. Under the Comprehensive Plan Low‐Density Residential designation, the property could be zoned
R‐S‐20, R‐S‐12, R‐S‐1, R‐1, and/or R‐1‐A.
13. The current zoning classification of RT (Residential Transition) became effective on July 23, 1994
(Ordinance 3033), upon annexation into the City.
14. Heritage Boulevard has been upgraded and realigned to accommodate heavy truck traffic
originating from the industrially zoned properties to the south.
15. Some industrial uses have been developed to the southeast of the site.
16. High‐density housing (Tierra Vida Apartments) has been developed to the east.
17. Low‐density housing (Sunrise Estates) has been developed to the west of Heritage Boulevard.
18. The proposed zoning request is consistent with the Comprehensive Plan.
19. The rezone would allow for development of single‐family homes.
20. Any development will require developers to install/upgrade street, utilities and landscaping in the
area, including extending Helena from the site west to connect to Heritage Boulevard and/or east
towards the Tierra Vida neighborhood. A connection southward to East “A” Street may also be
required.
21. The current RT zoning requires a minimum of 5 acres per single family home.
22. The property zoned RT comprises approximately 4.77 acres.
23. The RT zoning designation severely limits the property owner’s ability to either develop or sell the
property.
No concomitant agreement would be required.
TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of a special permit the Planning Commission must develop
findings of fact from which to draw its conclusions based upon the criteria listed in PMC 25.86.060. The
criteria are as follows:
1. The proposal is in accordance with the goals and policies of the Comprehensive Plan.
The proposal is consistent with the Comprehensive Plan Land Use Map and Comprehensive Plan Policy
Land Use Goals; H‐1 Encourages housing for all economic segments of the city’s population. Housing in
east Pasco is typically more affordable than the rest of the Tri‐cities area. Land Use Policy H‐1‐D Policy
encourages avoiding large concentrations of high‐density housing (The land is close to two Tierra Vida
Page 80 of 140
5
apartment developments). Goal H‐2 encourages the City to “strive to maintain a variety of housing
consistent with the local and regional market.” Policy H‐2‐A Advocates for a full range of residential
environments, including single‐family homes.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
The immediate area is shown in the Comprehensive Plan for Low‐Density Residential zoning. The Low‐
Density Residential designation allows for R‐S‐20, R‐S‐12, R‐S‐1, R‐1, and/or R‐1‐A zoning district. The
proposed rezone is consistent with the referenced plan; As such, this proposal will not be materially
detrimental to future nearby developments that will need to conform to the provision of the plans
3. There is merit and value in the proposal for the community as a whole.
The proposed zoning is consistent with the Comprehensive Plan L and Use Map. The site is located between
two residential zoning districts to the east and west, and is proximal to Heritage Boulevard and East “A”
Street; Comprehensive Plan Policy Land Use Goals; H‐1 Encourages housing for all economic segments of
the city’s population. Housing in east Pasco is typically more affordable than the rest of the Tri‐cities area.
Land Use Policy H‐1‐D Policy encourages avoiding large concentrations of high‐density housing (The land
is close to two Tierra Vida apartment developments). Goal H‐2 encourages the City to “strive to maintain
a variety of housing consistent with the local and regional market.” Policy H‐2‐A Advocates for a full range
of residential environments including single family homes. The proposal is supported by land use goals and
policies contained in the Comprehensive Plan.
4. Conditions should be imposed in order to mitigate any significant adverse impacts from the
proposal.
The Pasco Municipal Code includes design standards for residential development. Furthermore, with a
rezone the area would need to be re‐platted to meet current City subdivision standards. The Preliminary
Platting process requires review through the Planning Commission and City Council. If or when applicants
pursue the development of this property, they will be required to conform to subdivision and design
standards established by the PMC. No special conditions are proposed.
5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so,
the terms and conditions of such an agreement.
If or when applicants pursue the development of this property, they will be required to conform to
subdivision and design standards established by the PMC. No Concomitant Agreement is considered
necessary for this application.
RECOMMENDATION
MOTION: I move to close the hearing and adopt Findings of Fact and conclusions therefrom as contained
in the April 18, 2019 staff report.
MOTION: I move based on the Findings of Fact and conclusions as adopted the Planning Commission
recommend the City Council rezone the four parcels from RT (Residential Transition) to R‐1
(Low‐Density Residential).
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Looking NorthPage 86 of 140
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Looking SouthPage 88 of 140
Looking WestPage 89 of 140
MINUTES
PLANNING COMMISSION MEETING
City Hall – 525 North Third Avenue – Council Chambers
THURSDAY, MARCH 21, 2019
7:00 PM
Planning Commission Meeting Page 1 February 21, 2019
PUBLIC HEARINGS:
A. Rezone Rezone from RT (Residential Transition) to R-1 (Low Density
Residential) (Enrique Salas) (MF# Z 2019-001)
Chairperson Roach read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the rezone application from RT
(Residential Transition) to R-1 (Low Density Residential). The site contains roughly 4 acres and is located east
of Heritage Boulevard. The Comprehensive Plan designation is for low density residential. A part of the
proposed site is not controlled or owned by the applicant. Staff would like to include the piece of land as a
part of the rezone for conformity, however, Staff has not received any response from the property owner.
For this reason, Staff requested the Planning Commission to hold the hearing but also continue it to the April
meeting.
Commissioner Bowers asked Staff to address the concerns contained in a letter submitted by Adán Suarez of
Casa LLC.
Mr. White replied that he felt the main concern is what would happen to the east/west road running through
the site. The right of way is already there, so East Helena Street would likely continue through. However, the
application at this time is for a rezone. Staff will not know the location of the road until the site is platted.
Chairperson Roach asked if the plat would come after the rezone.
Mr. White responded yes.
Enrique Salas, 4616 Ivy Road, spoke in support of his rezone application. He clarified the correct parcels that
were to be included in the rezone and discussed in further detail the small parcel that was not owned by him.
Commissioner Bowers asked if he plans to continue East Helena Street.
Mr. Salas said yes that he intends to extend it all the way through the development.
There was a brief discussion clarifying the parcels to be included in the rezone.
Adán Suarez, 251 Orchard Road, spoke on behalf of Casa LLC. He asked for clarification as to what stage in
the process the streets would be planned.
Chairmwoman Roach replied that the layout of the plat with streets would occur during the platting process
after the rezone. At this time, they cannot say where the street will be located.
Mr. Salas asked for information on foreclosure/sale information regarding to the property he wishes to
Page 90 of 140
Planning Commission Meeting Page 2 March 21, 2019
include in the rezone that he does not own.
Chairperson Roach responded that the foreclosure/sale of properties happen at the County level.
There was some discussion between Mr. White and Mr. Salas regarding the foreclosure/sale process.
Chairperson Roach stated that the Planning Commission can continue the public hearing to allow for
additional time to clear up any unresolved issues.
Hilario Zaragoza, 204105 E. Schuster Road, Kennewick, stated that he checked with the Franklin County
Treasurer’s Office who stated that if the taxes have not been paid by December 10, 2019 then the property
would be auctioned off.
Commissioner Bowers asked Mr. Suarez if he had any other reservations regarding this project at this time
of if it was just the road which will be discussed during platting.
Mr. Suarez said he had no other reservations at this time.
Commissioner Greenaway moved, seconded by Commissioner Bowers, to continue the public hearing on the
proposed rezone for the April 18, 2019 meeting and as the date to make a recommendation to City Council.
The motion passed unanimously.
Page 91 of 140
MINUTES
PLANNING COMMISSION MEETING
City Hall – 525 North Third Avenue – Council Chambers
THURSDAY, APRIL 18, 2019
7:00 PM
Planning Commission Meeting Page 1 April 18, 2019
PUBLIC HEARINGS:
B. Rezone Rezone from RT (Residential Transition) to R-1 (Low Density
Residential) (Enrique Salas) (MF# Z 2019-001)
Chairperson Myhrum read the master file number and asked for comments from staff.
Rick White, Community & Economic Development Director, discussed the rezone application from RT
(Residential Transition) to R-1 (Low Density Residential). This item went to public hearing in March but was
re-advertised and continued due to additional parcels needing to be included in the rezone, including a parcel
owned by another property owner, although the applicant wishes to purchase. The proposed zoning
conforms to the Comprehensive Plan which designates the site for low density residential. There were no
further comments from staff.
Enrique Salas, 4616 Ivy Road, spoke on behalf of his application. He accepted the conditions in the staff
report.
Commissioner J. Campos moved, seconded by Commissioner Bowers, moved to close the hearing and adopt
findings of fact and conclusions therefrom as contained in the April 18, 2019 staff report. The motion passed
unanimously.
Commissioner J. Campos moved, seconded by Commissioner Bowers, based on the findings of fact and
conclusions, as adopted, the Planning Commission recommend the City Council rezone the four parcels from
RT (Residential Transition) to R-1 (Low Density Residential). The motion passed unanimously.
Page 92 of 140
AGENDA REPORT
FOR: City Council April 30, 2019
TO: Dave Zabell, City Manager
Rick White, Director
Community & Economic Department
Regular Meeting: 5/6/19
FROM: Jacob Gonzalez, Senior Planner
Community & Economic Development
SUBJECT: Rezone from RT to C-1 (AHLB, Inc) (MF #Z2019-002)
I. REFERENCE(S):
Vicinity Map
Proposed Ordinance
Report to Planning Commission Dated: 4/18/2019
Planning Commission Minutes Dated: 3/21/2019 and 4/18/2019
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance ______, rezoning the Northeast 6.1 acres at the
intersection of Sandifur Parkway and Road 68, from RT (Residential Transition) to C -1
(Retail Business), and further, authorize publication by summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
The Planning Commission conducted a public hearing on March 21st, 2019 to consider
a request to rezone parcel # 116020016 (6.1 acres) from RT (Residential Transition) to
C-1 (Retail Business).
Following the conduct of a public hearing, the Planning Commission reasoned it would
be appropriate to rezone the property to C-1 and is recommending approval of the
requested rezone.
V. DISCUSSION:
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The applicant is proposing a rezone of parcel #116020016 from RT (Residential
Transition) to C-1 (Retail Business). The rezone meets the policies and goals as
identified in the Comprehensive Plan. The C-1 district was established to provide for
the location of commercial activities outside the Central Business District. Permitted
uses include: banks, hotels and motels, restaurants and general stores and shops for the
conduct of retail business or similar services.
The applicant has submitted a Binding Site Plan that is currently undergoing
administrative review. The parcel will be created once that review is complete.
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ROAD 68SANDIFUR PKWYROAD 76CONVENTION DRMARYHILL LNLATAH LNRIO GRANDE LNT H R E E RI V E R S DR
WALLOWA LNMIDDLE FORK LNB O U L D E R D R
P O WDER D R
TEKOA DR
VENDOVI DR
PALOUSE DR
YELLOWSTONE DR
KOUFAX LNLATAH CT
TOUTLE CT
THREE RIVERS DR
0 600300Feet
VicinityMap /Item: Rezone - Eickmeyer RT - C-1Applicant: AHBL, Inc.File #: Z 2019-002
Page 95 of 140
ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON REZONING THE
NORTH EAST 6.1 ACRES AT THE INTERSECTION OF SANDIFUR PARKWAY AND
ROAD 68 (PARCEL #116020016), FROM RT (RESIDENTIAL TRANSITION) TO C-1
(RETAIL BUSINESS).
WHEREAS, a complete and adequate petition for change of zoning classification
has been received and an open record hearing having been conducted by the Pasco Planning
Commission upon such petition; and,
WHEREAS, that the effect of the requested change in zoning classification shall not
be materially detrimental to the immediate vicinity; and,
WHEREAS, based upon substantial evidence and demonstration of the Petitioner,
that: (A) the requested change for the zoning classification is consistent with the adopted
Comprehensive Plan; (B) the requested change in zoning classification is consistent with or
promotes the goals and objectives of the Comprehensive Plan serving the general public interest
in the community; and (C) there has been a change in the neighborhood or community needs or
circumstances warranting the requested change of the zoning classification; and (D) the Planning
Commission developed findings which are hereby adopted by the City Council; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO
ORDAIN AS FOLLOWS:
Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the
Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed
from RT (Residential Transition) to C-1 (Retail Business) for the real property as shown in
the Exhibit “1” attached hereto and described as follows:
THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 9 NORTH RANGE 29 EAST
DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF SECTION 9, TOWNSHIP 9
NORTH, RANGE 29 EAST W.M.; THENCE SOUTH 89°40’37” WEST A DISTANCE OF 844.22 FEET TO THE
NORTHEAST CORNER OF THE HEREINBEFORE DESCRIBED ‘TRACT X’; THENCE SOUTH 01°34’24”
EAST ALONG THE EAST LINE OF SAID TRACT A DISTANCE OF 2670.16 FEET TO A POINT ON THE
NORTHERLY MARGIN OF SANDIFUR PARKWAY, ALSO BEING THE SOUTHEAST CORNER OF SAID
TRACT; THENCE SOUTH 89°59’09” WEST ALONG THE SOUTH LINE OF SAID TRACT AND THE
NORTHERLY MARGIN OF SANDIFUR PARKWAY A DISTANCE OF 411.28 FEET TO THE TRUE POINT
OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY BOUNDARY, SOUTH 89°59’09”
WEST A DISTANCE OF 546.01 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE
NORTHEAST HAVING A RADIUS OF 70.00 FEET; THENCE NORTHWESTERLY ALONG THE ARC OF
SAID CURVE THROUGH A CENTRAL ANGLE OF 74°59’20” A DISTANCE OF 91.62 FEET TO A POINT
ON THE WESTERLY LINE OF SAID TRACT AND THE EASTERLY MARGIN OF ROAD 68; THENCE
NORTH 15°01’31” WEST ALONG SAID WESTERLY BOUNDARY A DISTANCE OF 415.73 FEET TO AN
ANGLE POINT IN SAID WESTERLY BOUNDARY; THENCE SOUTH 74°58’29” WEST A DISTANCE OF
10.00 FEET TO AN ANGLE POINT IN SAID WESTERLY BOUNDARY; THENCE NORTH 15°01’31” WEST
ALONG SAID WESTERLY BOUNDARY A DISTANCE OF 112.50 FEET; THENCE LEAVING SAID
WESTERLY BOUNDARY, NORTH 74°42’15” EAST A DISTANCE OF 360.28 FEET TO THE BEGINNING
OF A NON-TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 312.50 FEET, AND
FROM WHICH POINT THE CHORD BEARS SOUTH 02°08’15” EAST A DISTANCE OF 93.91 FEET;
Page 96 of 140
THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 17°17’00”
A DISTANCE OF 94.27 FEET; THENCE SOUTH 06°30’15” WEST A DISTANCE OF 136.25 FEET TO THE
BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 167.50 FEET;
THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
96°31’06” A DISTANCE OF 282.16 FEET; THENCE NORTH 89°59’09” EAST A DISTANCE OF 258.12 FEET;
THENCE SOUTH 00°00’51” EAST A DISTANCE OF 238.71 FEET TO THE TRUE POINT OF BEGINNING
AND THE END OF THIS DESCRIPTION.
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 this 6th day of May, 2019.
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
Page 97 of 140
MEMORANDUM TO PLANNING COMMISSION
PLANNING COMMISSION MEETING
City Hall – 525 North Third Avenue – Council Chambers
DATE: THURSDAY, April 18th, 2019
7:00 PM
1
MASTER FILE #:Z2019-002
APPLICANT:AHBL, Inc
5804 Road 90, Suite H
Pasco, Washington 99301
REQUEST: REZONE: Rezone of 6.1 acres from RT (Residential
Transition) to C-1 (Retail Business)
______________________________________________________________________________
BACKGROUND
1. PROPERTY DESCRIPTION:
Legal: Township 09 North, Range 29 East, Section 09
General Location: Northeast corner of Sandifur Parkway and Road 68
Property Size: 6.1 acres
2. ACCESS: The property has access from Road 68 and Sandifur Parkway
3. UTILITIES: Municipal water and sewer service are located at Road 68 and Sandifur
Parkway
4. LAND USE AND ZONING: The site is currently zoned RT (Residential Transition).
Surrounding properties are zoned as followed:
NORTH: RT Agriculture / Vacant
EAST: R-2 SFDU’s
SOUTH: C-1 Commercial (Gas Station, Auto Service)
WEST: C-1 Commercial (Bank, Grocery, Retail)
5. COMPREHENSIVE PLAN: The Comprehensive Plan indicates that this site is intended for
commercial development. The commercial land use classification is described as
providing neighborhood, community and regional shopping which can also include
specialty centers, business parks, service and office uses. Criteria for allocation under
the commercial classification is included in the Land Use section of the Comprehensive
Plan (Volume II, page 18) include sewer availability, market demand and proximity along
major circulation routes.
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Policies of the Comprehensive Plan that apply include: LU-3-D, encourages mixed-use
development including neighborhood scale shopping areas; LU-4-A, promotes the
location of commercial facilities at major street intersection and ED-2-B, development of
a wide range of commercial uses strategically located to support local and regional
needs.
6. ENVIRONMENTAL DETERMINATION: Based on the SEPA checklist, the adopted City
Comprehensive Plan, City development regulations, testimony at the public hearing and
other information, a Determination of Non-Significance (DNS) has been issued for this
project (WAC 197-11-355).
ANALYSIS
This site consists of 6.1 acres that had historically been used as working farmland. No
structures currently exist on the site. A tax parcel segregation was completed in October 2018
that split the original parcel (#116020011 retired) of 79.3 acres into two parcels of 73.2 acres
and 6.1 acres. The site was annexed into the City in August of 1982 via Ordinance 2388.
The site is currently zoned as RT (Residential Transition) and the adopted City Comprehensive
Plan has designated the site as Commercial. The Commercial classification allows for the
following zoning districts: Office, C-1, C-2, C-3, CR and BP (Business Park). The applicant is
seeking to rezone the site from RT to C-1 and then subsequently create four lots for commercial
and retail uses.
Current C-1 development standards state that the minimum lot area is not required and lot
coverages are dictated by parking, setback and landscaping requirements. The maximum
building height is 35 feet; however, a greater height may be approved by special permit.
Frontage improvements along Road 68 and Sandifur Parkway are anticipated.
The review criteria for considering a rezone application are identified in 25.210.030
“Requirements for zoning petition” from the Pasco Municipal Code. The petition for a change of
classification must show the following:
1. The date the existing zone became effective:
The site of the rezone was zoned RT in 1982 when it was annexed into the City.
2. The changed conditions which are alleged to warrant other or additional zoning:
The vicinity of the rezone site has rapidly grown and is surrounded by various housing
developments, commercial and offices uses and retail services. Rezoning the site will
allow for more a more compatible land use to be in place that will address the business
services needed by the growing household populations.
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3. Facts to justify the change on the basis of advancing the public health, safety and
general welfare:
The proposed zoning request is consistent with the adopted City Comprehensive Plan
which has been determined to be in the best interest of advancing public health, safety
and the general welfare of the community. This rezone will allow for the development of
additional commercial property addressing the growing needs to serve the population.
4. The effect it will have on the value and character of the adjacent property and the
Comprehensive Plan:
The rezone will complement existing properties adjacent to the site. A change in the
rezone classification will allow for the development of commercial uses offering retrial
services that is compatible with the character of the surrounding area.
5. The effect on the property owner or owners if the request is not granted:
The property owner would be allowed to develop the site for retail and commercial
services as allowed through the C-1 zoning classification.
______________________________________________________________________________
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 the factual testimony and evidence submitted
during the open record hearing.
1. The site consists of 6.1 acres and is zoned RT (Residential Transition)
2. The site was annexed in 1982.
3. The adopted City Comprehensive Plan land use classification for the site is Commercial
and includes zones: Office, C-1, C-2, C-3, CR and BP (Business Park).
4. The applicant is seeking to rezone the site from RT to C-1.
5. The applicant is proposing to develop the site with space for approximately four
businesses.
6. The adopted City Comprehensive Plan indicates that properties classified as Commercial
should be developed for neighborhood, community and regional shopping including
specialty centers, business parks, services and offices uses.
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7. The C-1 zone was established to provide for the location of commercial activities outside
the central business district that meet the retail shopping and service needs of the
community.
8. Minimum lot area is not required under the Development Standards for the C-1 zone
9. Lot coverages are dictated by the parking, setback and landscaping requirements
10. The height of a building is not to exceed 35 feet, except when approved by a special
permit.
11. The proposal is in compliance with the adopted City Comprehensive Plan’s land use and
zoning maps.
CONCLUSIONS BASED ON STAFF FINDINGS OF FACT
Before recommending approval or denial, the Planning Commission must develop Findings of
Fact from which to draw its conclusions based upon the criteria listed in Pasco Municipal Code
25.210.060. The criteria are as follows:
1. The proposal is in accord with the goals and policies of the Comprehensive Plan;
a) The proposal is consistent with the adopted City Comprehensive Land Use Map and
several policies and goals. Policy LU-3-D, encourages mixed-use development including
neighborhood scale shopping areas; LU-4-A, promotes the location of commercial
facilities at major street intersection and ED-2-B, development of a wide range of
commercial uses strategically located to support local and regional needs.
2. The effect of the proposal on the immediate vicinity will be materially detrimental;
b) The adopted City Comprehensive Plan designates the immediate areas for commercial
and high density residential. The commercial classification permits the C-1 (Retail
Business District) and is consistent with referenced plans. The proposal will not be
detrimental to existing and future developments within the vicinity.
3. There is merit and value in the proposal for the community as a whole;
a) There is merit in developing sites within the City in accordance with the goals and
policies contained in the City Comprehensive Plan. The proposed zoning is consistent
with the Plan’s Land Use Map and will provide additional retail shopping and services for
the community. The site is located along a travel corridor that also includes nearby
service from the regional public transportation service provider.
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5
4. Conditions should be imposed in order to mitigate any significant adverse impacts from
the proposal;
a) The Pasco Municipal Code provides information on design standards for commercial
development. If, or when the applicant pursues the development of this property, they
will be required to confirm and meet the requirements of the designed standards as
established in the PMC. No special conditions are proposed.
5. A concomitant agreement should be entered into between the City and the petitioner,
and if so, the terms and conditions of such an agreement.
a). A Concomitant Agreement is not considered necessary for this application.
RECOMMENDATION
MOTION: I move to adopt Findings of Fact and Conclusions therefrom as contained in the
April 18, 2019 staff report.
MOTION:I move based on the Findings of Fact and Conclusions, as adopted, the Planning
Commission recommend the City Council rezone 6.1 acres on the northeast
corner of Sandifur Parkway and Road 68 from RT to C-1.
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Looking North
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Looking East
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Looking South
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Looking West
Page 109 of 140
MINUTES
PLANNING COMMISSION MEETING
City Hall – 525 North Third Avenue – Council Chambers
THURSDAY, MARCH 21, 2019
7:00 PM
Planning Commission Meeting Page 1 March 21, 2019
PUBLIC HEARINGS:
B. Rezone Rezone from RT (Residential Transition) to C-1 (Retail Business)
(ABHL) (MF# Z 2019-002)
Chairperson Roach read the master file number and asked for comments from staff.
Jacob B. Gonzalez, Senior Planner, discussed the rezone application from RT (Residential Transition) to C-1
(Retail Business). The site is approximately 6.1 acres on the corner of Road 68 and Sandifur Parkway. The
Comprehensive Plan has designated the site for commercial. The developer at this time plans to develop
four businesses which will provide retail to the surrounding neighborhoods. It is a commercial corridor on
both sides of Road 68 and Sandifur Parkway.
Chairperson Roach asked what the rezoning was to rezone from an RT to C-1.
Mr. Gonzalez responded that RT was merely a holding zone. The Comprehensive plan designates the site
commercial so the rezone to commercial would conform to the Comprehensive Plan and it would be
compatible with the surrounding properties.
Nicole Stickney, 5804 Road 90, Ste. H, spoke on behalf of AHBL Inc. She stated that the site was at a prime,
busy corridor and would be appropriate for commercial use adding services, employment opportunities
and additional tax base to the community.
Chairperson Roach asked if there was an intended development planned.
Ms. Stickney replied that she was representing a group of owners who do have plans; however, she was not
of liberty to discuss at this time. She did feel that development would occur on the site fairly rapidly. She
also pointed out that the staff reported that there was an MDNS decision made and her understanding that
was incorrect in the staff report. The SEPA review is underway and will be forthcoming.
Mr. Gonzalez stated that would be corrected in the next staff report.
Tim Snider, 5918 Rio Grande Lane, spoke in opposition of the proposed rezone. His concerns were traffic,
crime and white noise and light. He stated that when he purchased his home the land behind his home
would be developed as residential.
Chairperson Roach stated that the Commission received Mr. Snider’s emailed comments for the record
prior to the meeting.
Brian Teachout, 7005 Yellowstone Drive, spoke in opposition of the proposed rezone. His concerns were
traffic, safety and noise.
Page 110 of 140
DRAFT
Planning Commission Meeting Page 2 March 21, 2019
Commissioner A. Campos moved, seconded by Commissioner Mendez, to close the public hearing of the
proposed rezone and set April 18, 2019 as the date for deliberation and development of a recommendation
for City Council. The motion passed unanimously.
Commissioner Mendez thanked Mr. Snider and Mr. Teachout for their comments and concerns. He
understands that traffic is a major concern but there will either be more houses or commercial at this site,
both of which will create more traffic. He agreed with staff that this is an appropriate use for the site and
conforms to the Comprehensive Plan.
Chairperson Roach asked if there will be traffic mitigation or construction.
Mr. Gonzalez replied that the businesses or property owner will have to make appropriate infrastructure
improvements.
Page 111 of 140
MINUTES
PLANNING COMMISSION MEETING
City Hall – 525 North Third Avenue – Council Chambers
THURSDAY, MARCH 21, 2019
7:00 PM
Planning Commission Meeting Page 1 April 18, 2019
OLD BUSINESS:
A. Rezone Rezone from RT (Residential Transition) to C-1 (Retail Business)
(ABHL) (MF# Z 2019-002)
Chairperson Myhrum read the master file number and asked for comments from staff.
Jacob B. Gonzalez, Senior Planner, discussed the rezone application from RT (Residential Transition) to C-1
(Retail Business). There was a correction regarding the environmental determination, now stating a
Determination of Non-Significance has been issued. There were no additional comments from staff.
Commissioner Bowers moved, seconded by Commissioner Bykonen, to adopt findings of fact and
conclusions therefrom as contained in the April 18, 2019 staff report. The motion passed unanimously.
Commissioner Bowers moved, seconded by Commissioner Bykonen, based on the findings of fact and
conclusions, as adopted, the Planning Commission recommend the City Council rezone 6.1 acres on the
northeast corner of Sandifur Parkway and Road 68 from RT to C-1. The motion passed unanimously.
Page 112 of 140
AGENDA REPORT
FOR: City Council May 1, 2019
TO: Dave Zabell, City Manager Regular Meeting: 5/6/19
FROM: Steve Worley, Public Works Director
Public Works
SUBJECT: Chapel Hill Blvd DNR Inter Local Agreement & Road Easement
I. REFERENCE(S):
Resolution
Inter Local Agreement
Road Easement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. 3904, authorizing the City Manager to
negotiate, make minor changes to, and sign the Interlocal Cooperative Agreement and
City Road Easement with Washington State Department of Natural Resources for
Chapel Hill Boulevard.
III. FISCAL IMPACT:
LID Assessments $5,254,801
Public Funding $1,593,958
Total Project $6,848,759
IV. HISTORY AND FACTS BRIEF:
In 2016, Department of Natural Resources (DNR) parceled and sold 230 acres bounded
by Road 84, Road 68, Argent Road and the Franklin County Irrigation District (FCID)
canal, and I-182. The City's Comprehensive Plan identifies the Chapel Hill Boulevard
corridor through this area as a connection from Road 100 to Road 68.
By Ordinance No. 4393, adopted August 20, 2018, the City Council ordered the
improvement of Chapel Hill Boulevard from Road 68 to Road 84, including the
intersection with Road 76, and created LID 150. On April 1, 2019, City Council
adopted the final assessment roll through Ordinance No. 4429.
Page 113 of 140
Council awarded the construction contract to Premier Construction, Inc. at their April
1, 2019 regular meeting.
V. DISCUSSION:
To begin the road construction, the City must obtain permission to enter onto DNR
owned lands. The DNR requires two documents for this to happen; 1) an Inter Local
Agreement, which outlines the terms upon which the Road Easement is granted, and 2)
the Road Easement document itself.
Both documents are currently being reviewed and approved by DNR and the City
Attorney’s office. Attached are the latest versions for Council review. Staff will
provide any revised versions at the Council meeting.
The agreements address the proposed 100 foot right of way (fifty feet on both sides of
the road centerline) as well as a small portion of additional right of way at the northeast
corner of Chapel Hill Blvd and Road 76 to accommodate the designed roundabout.
Staff would also like to request, in an effort to get the construction of the Chapel Hill
Blvd LID project started as soon as possible, that Council grant the City Manager
authority to approve minor changes to these two documents as the final clarifying
details are worked out between DNR and the City.
Page 114 of 140
Resolution - 1
RESOLUTION NO. ________
A RESOLUTION of the City of Pasco, Washington, authorizing the
City Manager to negotiate, make minor changes to, and sign the Interlocal
Cooperative Agreement and City Road Easement with Washington State
Department of Natural Resources for Chapel Hill Boulevard.
WHEREAS, the State of Washington Department of Natural Resources (DNR) owns the
Lots 6 and 7 of Segregation Survey, Auditor’s File No. 1847849, Section 16, Township 9 North,
Range 29 East, W.M., Franklin County, Washington; and
WHEREAS, the City of Pasco has approved and created a Local Improvement District
(LID) for the construction of Chapel Hill Boulevard, for which Lots 6 and 7 will be afforded
legal access and frontage, once built; and
WHEREAS, the City has identified the need for a Right-of-Way Easement and a
Temporary Construction Easement across the above described property for the purpose of
constructing Chapel Hill Boulevard; and
WHEREAS, Chapter 39.34 RCW authorizes two or more public entities to contract with
each other to perform functions that each may individually perform; and
WHEREAS, the City and DNR have negotiated and agree to enter into an Interlocal
Cooperative Agreement for the grant and consideration of said Easements; and
WHEREAS, the City of Pasco City Council has the authority to designate a City official
who may sign and negotiate agreements on behalf of the City; and
WHEREAS, the City Council does authorize and direct the City Manager to sign the
above-mentioned Interlocal Cooperative Agreement and Easements, and grants the City Manager
authority to negotiate and make any minor changes to said Interlocal Cooperative Agreement and
Easements. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
RESOLVE AS FOLLOWS:
Section 1. The City Manager of the City of Pasco, Washington, is hereby authorized
and directed to negotiate, make minor changes to, and sign the Interlocal Cooperative Agreement
between the City of Pasco and the Washington State Department of Natural Resources and the
City Road Easement between the City of Pasco and the Washington State Department of Natural
Resources, copies of which are attached hereto and incorporated herein by this reference as
Exhibit A and Exhibit B; and to take all necessary steps required to complete these transactions..
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Resolution - 2
PASSED by the City Council of the City of Pasco, Washington, as its regular meeting
dated this _____ day of May, 2019.
___________________________________
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
___________________________________ ___________________________________
Angela Pashon, Interim City Clerk Kerr Ferguson Law, PLLC, City Attorney
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Page 1 of 5
INTER LOCAL AGREEMENT
THIS AGREEMENT, made and entered into this _____ day of ________________ ,
2019, by and between the CITY OF PASCO, a political subdivision of the State of
Washington, herein called “Pasco”, and STATE OF WASHINGTON, acting by and through
the Department of Natural Resources, herein called "State”, WITNESSETH:
RECITALS
A. Whereas State owns the Lots 6 and 7 of Segregation Survey, Auditor’s File No.
1847849, Section 16, Township 9 North, Range 29 East, W.M., Franklin County,
Washington (“Premises”);
B. Whereas Pasco has approved and created a Local Improvement District (LID) for
the construction of Chapel Hill Boulevard, for which Lots 6 and 7 will be afforded
legal access and frontage, once built, as shown on Exhibit A;
C. Whereas no grant of road easement for Chapel Hill Boulevard has been granted by
State to Pasco;
D. Whereas Pasco agrees to compensate State, its assigns, lessees and/or successors,
for the required road easement area in an amount recommended by the Special
Benefit/Proportionate Assessment Study, as prepared by Valbridge Property
Advisors, dated January 15, 2019, at $4.00/square foot for Lot 7 and $5.00/square
foot for Lot 6 as the respective valuations.
Now, therefore, Pasco and State agree as follows:
AGREEMENT
1) Easement Compensation. State and Pasco agree with the findings and recommendations
of the Special Benefit/Proportionate Assessment Study, which has determined a value of
$4.00/square foot for Lot 7 and $5.00/square foot for Lot 6 along Chapel Hill Boulevard.
State and Pasco agree that the total value of the easement area, as encumbered by Chapel
Hill Boulevard is as follows:
Area Value
• Lot 6 (south of Chapel Hill Blvd): 42,821 sf $214,105.00
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Page 2 of 5
• Lot 7 (north of Chapel Hill): 129,530 sf $518,120.00
• Lot 7 (roundabout area at Rd 76): 344 sf $1,376.00
Total Value $733,601.00
In lieu of direct payment, Pasco agrees to provide Traffic Impact Fee credits in an amount
not to exceed the Total Compensation Value indicated above to the subject properties at
the time they are approved for development to compensate State, its assigns, lessees and/or
successors for the recommended value of the easement area encumbered by Chapel Hill
Boulevard as required under RCW 79.36.440. The Traffic Impact Fee credits shall
constitute full compensation for the easement area.
2) Record of Survey. Pasco shall prepare and record with the Auditor, subject to prior
approval by State, a Record of Survey showing the location of Chapel Hill Boulevard on
the Premises.
3) Authorization of Agreement. In consideration for conveyance of a road easement
underlying Chapel Hill Boulevard, as described herein, Pasco’s City Council shall pass a
resolution or equivalent document authorizing this Agreement, in its entirety, between
Pasco and State, its assigns, lessees and/or successors.
4) Chapel Hill Boulevard Easement. Upon recordation of the Record of Survey and in
consideration for Pasco’s authorization of compensation, State shall execute an easement
document titled City Road Easement, which grants Pasco an Easement for Chapel Hill
Boulevard over the Premises. Said Easement to be substantially in the form of Exhibit B.
5) Notice. Any notices or submittals required or permitted under this Agreement may be
delivered personally, sent by email or mailed first class, return receipt requested, to the
following addresses or to such other place as the parties hereafter direct. Notice will be
deemed given upon delivery, confirmation of email, or three days after being mailed,
whichever is applicable.
To State:
DEPARTMENT OF NATURAL RESOURCES
Southeast Region
713 Bowers Rd
Ellensburg, WA 98926
Email:
To Grantee:
City of Pasco
525 North 3rd Avenue
PO Box 293
Pasco, WA 99301
Email:
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Page 3 of 5
6) Construction. The terms of this Agreement shall be given their ordinary meaning unless
defined herein and shall not be presumed construed against the drafter.
7) Effective Date. The Effective Date of this Agreement shall be the date on which the last
party executes this Agreement. The Effective Date will be inserted on the first page of the
Agreement when such date is determined.
8) Exhibits. All exhibits referenced in this Agreement are incorporated as part of the
Agreement.
[Signature Page Follows]
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Page 4 of 5
IN WITNESS WHEREOF, the parties hereto have executed this instrument, in
duplicate, to become effective as of the day and year first above written.
CITY OF PASCO
Dated: , 20 .
DAVE ZABELL
City Manager
P.O. Box 293
Pasco, WA 99301
Phone: 509-545-3446
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
Dated: , 20 .
ANGUS W. BRODIE
Deputy Supervisor for State Uplands
1111 Washington Street SE
P.O. Box 47000
Olympia WA 98504-7000
Phone: 360-902-1355
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Page 5 of 5
EXHIBIT A
MAP
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City Road Easement 1 of 11 Easement No. 50-098517
When recorded return to:
Department of Natural Resources
Southeast Region
Attn: Matt Fromherz
713 Bowers Rd
Ellensburg WA 98926
CITY ROAD EASEMENT
Grantor(s): Washington State, Department of Natural Resources
Grantee(s): City of Pasco
Legal Description: Lots 6 and 7, Section 16, Township 9 North, Range 29 East, W.M.
Assessor’s Property Tax Parcel or Account Number: 117510038, 117510039
Cross Reference: 1847849
DNR Easement No. 50-098517
This Easement is between the CITY OF PASCO, a political subdivision of the State of
Washington herein called "Grantee" and the STATE OF WASHINGTON, acting by and
through the Department of Natural Resources, herein called "State" dated as of
"Effective Date".
Conveyance. State for and in consideration of the terms and conditions specified herein,
hereby grants and conveys to the Grantee:
A non-exclusive easement (Easement) in gross for the sole purpose of construction, operation,
use, and maintenance of a public road, public and private utility facilities to benefit the
general public and/or adjacent properties, frontage improvements, street lights, and other
related improvements over and across portions of Lot 6 and Lot 7 of Section 16, Township 9
North, Range 29 East, W.M., Franklin County, lying fifty (50) feet on either side of that bold
centerline for Chapel Hill Boulevard as described on that Record of Survey (hereinafter
Easement Area), recorded in Franklin County, Washington on July 13, 2016 under Auditor
File Number 1847849 and by this reference made a part hereof along with an additional three-
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City Road Easement 2 of 11 Easement No. 50-098517
hundred and forty-four (344) square feet of area for the roundabout planned at the intersection
of Chapel Hill Blvd and Road 76, affecting Lot 7.
An additional fifty (50) feet on either side of the Easement Area, as described above, is also
hereby granted temporarily to aid in the construction of Chapel Hill Boulevard. As titled,
Temporary Construction Easement, this additional fifty (50) feet is for the sole purpose of
providing a staging for the City’s construction contractor during the construction of Chapel
Hill Boulevard. This Temporary Construction Easement shall only be used for the storage of
materials and equipment and to provide additional access along the project length to aid in
construction of the roadway, utilities and other associated amenities such as curb and
sidewalks, storm water drainage, walkways, and lighting systems.
Consideration. In lieu of direct payment, Pasco shall provide to State Traffic Impact Fee
credits towards the future development of Lot 6 and Lot 7. The considerations offered by
Grantee to State, per Lot, are as follows:
Lot 6: 42,821 square feet x $5.00/square foot = $214,105.00
Lot 7 (inclusive of round-about area: 129,874 square feet x $4.00/square foot = $519,496.00
Total consideration for the Easement Area is $733,601.00
Term. The term of this Easement shall be perpetual unless vacated as provided by law. The
Temporary Construction Easement shall terminate upon final completion and acceptance of
the Chapel Hill Boulevard road project.
Assignment. Neither this Easement, nor any of the rights granted herein, shall be assigned
without prior written consent of State.
Compliance with Laws. Grantee shall, at its own expense, conform to all applicable laws,
regulations, permits, or requirements of any public authority affecting the Easement Area and
the use thereof. Upon request, Grantee shall supply State with copies of permits or orders.
Indemnity. Grantee shall indemnify, defend with counsel acceptable to State, and hold
harmless State, its employees, officers, and agents from any and all liability, damages,
expenses, causes of action, suits, claims, costs, fees (including attorney's fees), penalties, or
judgments, of any nature whatsoever, arising out of the use, occupation, or control of the
Easement Area by Grantee, its contractors, subcontractors, invitees, agents, employees,
licensees, or permittees, including but not limited to the use, storage, generation, processing,
transportation, handling, disposal, release, or threatened release of any hazardous substance or
materials. To the extent that RCW 4.24.115 applies, Grantee shall not be required to
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City Road Easement 3 of 11 Easement No. 50-098517
indemnify State from State's sole or concurrent negligence. This indemnification shall survive
the expiration or termination of the Easement. Grantee waives its immunity under Title 51
RCW to the extent required to indemnify State.
Insurance. Before using any of said rights granted herein and at its own expense, the Grantee
shall obtain and keep in force during the construction of Chapel Hill Boulevard road project
and require its contractors, sub-contractors, or other permittees to obtain while operating on
the Easement Area, the following liability insurance policies, insuring Grantee against liability
arising out of its operations, including use of vehicles. Failure to buy and maintain the
required insurance may result in the termination of the Easement at State’s option. The limits
of insurance, which may be increased by State, as deemed necessary, shall not be less than as
follows:
(a) Commercial General Liability (CGL) insurance with a limit of not less than
$1,000,000 per each occurrence. If such CGL insurance contains aggregate
limits, the general aggregate limits shall be at least twice the "each occurrence"
limit, and the products-completed operations aggregate limit shall be at least
twice the "each occurrence" limit.
(b) Employer's liability ("Stop Gap") insurance, and if necessary, commercial
umbrella liability insurance with limits not less than $1,000,000 each accident
for bodily injury by accident or $1,000,000 each employee for bodily injury by
disease.
(c) Business Auto Policy (BAP) insurance, and if necessary, commercial umbrella
liability insurance with a limit of not less than $1,000,000 per accident, with
such insurance covering liability arising out of "Any Auto". Business auto
coverage shall be written on ISO form CA 00 01, or substitute liability form
providing equivalent coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage and cover a “covered pollution cost or
expense” as provided in the 1990 or later versions of CA 00 01. Grantee
waives all rights against State for the recovery of damages to the extent they
are covered by business auto liability or commercial umbrella liability
insurance.
(d) Grantee shall comply with all State of Washington workers' compensation
statutes and regulations. Workers' compensation coverage shall be provided
for all employees of Grantee and employees of any contractors, sub-contractors
or other permittees. Except as prohibited by law, Grantee(s) waives all rights
of subrogation against State for recovery of damages to the extent they are
covered by worker’s compensation, employer’s liability, commercial general
liability or commercial umbrella liability insurance.
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City Road Easement 4 of 11 Easement No. 50-098517
All insurance must be purchased on an occurrence basis and should be issued by companies
admitted to do business within the State of Washington and have a rating of A- or better in the
most recently published edition of Best's Reports. Any exception shall be reviewed and
approved in advance by the Risk Manager for the Department of Natural Resources. If an
insurer is not admitted, all insurance policies and procedures for issuing the insurance policies
must comply with Chapter 48.15 RCW and Chapter 284-15 WAC.
The State of Washington, Department of Natural Resources, its elected and appointed
officials, agents and employees shall be named as an additional insured on all general liability,
excess, and umbrella insurance policies.
Before using any said rights granted herein, Grantee shall furnish State with a certificate(s) of
insurance, executed by a duly authorized representative of each insurer, showing compliance
with the insurance requirements specified above. Certificate(s) must reference State's
easement number.
State shall be provided written notice before cancellation or non-renewal of any insurance
referred to herein, as prescribed in statute (Chapter 48.18 RCW or Chapter 48.15 RCW).
Grantee shall include all contractors, sub-contractors and other permittees as insureds under
all required insurance policies, or shall furnish separate certificates of insurance and
endorsements for each. Contractors, sub-contractors and other permittees must comply with
all insurance requirements stated herein. Failure of contractors, sub-contractors and other
permittees to comply with insurance requirements does not limit Grantee’s liability or
responsibility.
All insurance provided in compliance with this Easement shall be primary as to any other
insurance or self-insurance programs afforded to or maintained by State. Grantee waives all
rights against State for recovery of damages to the extent these damages are covered by
general liability or umbrella insurance maintained pursuant to this Easement.
By requiring insurance herein, State does not represent that coverage and limits will be
adequate to protect Grantee, and such coverage and limits shall not limit Grantee’s liability
under the indemnities and reimbursements granted to State in this Easement.
If Grantee is self-insured, evidence of its status as a self-insured entity shall be provided to
State. If requested by State, Grantee must describe its financial condition and the self-insured
funding mechanism.
Waste. Grantee shall not cause or permit any filling activity to occur in or on the Easement
Area, except as approved by State, and except to accomplish the activities intended by the
grant of this Easement, included but not limited to, constructing a roadway, frontage
improvements, and installation of utility improvements. Grantee shall not deposit refuse,
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City Road Easement 5 of 11 Easement No. 50-098517
garbage, or other waste matter or use, store, generate, process, transport, handle, release, or
dispose of any hazardous substance, or other pollutants in or on the Easement Area except in
accordance with all applicable laws.
The term hazardous substance means any substance or material as those terms are now or are
hereafter defined or regulated under any federal, state, or local law including but not limited to
the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA 42
USC 9601 et seq.) as administered by the US Environmental Protection Agency, or the
Washington Model Toxic Control Act (MTCA RCW 70.105D) as administered by the State
Dept. of Ecology.
Grantee shall immediately assume responsibility for a hazardous substance release (spill)
caused by Grantee or its Permittees on or adjoining the Easement Area.
As responsible party, Grantee shall:
• Immediately notify all necessary emergency response agencies, as required under
federal, state and local laws, regulations, or policies.
• Following emergency response agency notifications, notify State (Dept. of Natural
Resources) of all spill releases and Grantee actions completed for spill reporting and
actions planned or completed toward spill cleanup. State notification requirements are
“same business day” notification for normal state work days and “next available
business day” notification for weekends and holidays.
• At Grantees sole expense, conduct all actions necessary to mitigate the spill release.
Mitigation response actions may include, but are not necessarily limited to, initial
release containment, follow-up site cleanup and monitoring actions, and continued
contact and coordination with regulators and State, as defined under the
aforementioned laws, regulations, policies and this agreement.
• Other than performing initial emergency response cleanup/containment actions; obtain
approvals in advance of all site cleanup actions (e.g. site characterization
investigations, feasibility studies, site cleanup and confirmation sampling, and
groundwater monitoring) conducted on State lands, in coordination with regulatory
agencies and State.
• Obtain and understand all necessary hazardous substance spill release notification and
response mitigation requirements, in advance of conducting Grantee operations on
State land.
Survey Markers. Grantee shall not destroy any land survey corner monuments and/or
reference points (including but not limited to corner markers, witness objects, or line markers)
without prior written approval from State, which shall not be unreasonably withheld.
Monuments or reference points that must necessarily be disturbed or destroyed during road
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City Road Easement 6 of 11 Easement No. 50-098517
construction or maintenance activities must be adequately referenced and replaced, at the
Grantee’s cost, under the direction of a State of Washington Professional Land Surveyor, in
accordance with all applicable laws of the State of Washington in force at the time of
construction, including but not limited to RCW 58.24, and all Department of Natural
Resources regulations pertaining to preservation of such monuments and reference points.
Construction/Reconstruction. Sixty (60) days prior to any construction or reconstruction by
Grantee on the Easement Area, Grantee shall submit a written plan of construction to State
outlining the construction or activity for State's approval, which shall not be unreasonably
withheld. In the event of an emergency requiring immediate action to protect person or
property, Grantee may take reasonable corrective action without prior notice to State. All
construction or reconstruction shall comply with applicable state or local laws.
Maintenance, Repair, and Improvements. Grantee shall have sole responsibility for the
maintenance, repair and improvement of the road to City of Pasco road standards.
Weed Control/Pesticides. The Grantee shall control at its own cost, all noxious weeds on
any portion of the Easement Area herein granted. Such weed control shall comply with
Franklin County noxious weed control Board rules and regulations established under the
Uniform Noxious Weed Control Statute (Chapter 17.10 RCW). The Grantee shall be
responsible for, or shall immediately reimburse State any weed control cost incurred as a
result of the Grantee's failure to control weeds on the Easement Area.
All ground methods of chemical weed control shall be reported to State at the region office
within thirty (30) days after the weed control activities have been completed.
The aerial application of pesticides is not permitted.
Notice. Any notices or submittals required or permitted under this Easement may be
delivered either personally, sent by facsimile machine or mailed first class, return receipt
requested, to the following addresses or to such other place as the parties hereafter direct.
Notice will be deemed given upon delivery, confirmation of facsimile, or three days after
being mailed, whichever is applicable.
To State:
DEPARTMENT OF NATURAL RESOURCES
Southeast Region
713 Bowers Rd
Ellensburg WA 98926
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City Road Easement 7 of 11 Easement No. 50-098517
To Grantee:
City of Pasco
City Clerk
525 N 3rd Avenue
Pasco, WA 99301
Recording. Grantee shall record this Easement in the county in which the Easement Property
is located, at Grantee's sole expense. Grantee shall provide State with a copy of the recorded
Easement. Grantee shall have thirty (30) days from the date of delivery of the final executed
agreement to comply with the requirements of this section. If Grantee fails to record this
Easement, State may record it and Grantee shall pay the costs of recording, including interest,
upon State's demand.
Abandonment. In the event any portion of the road is abandoned, the Grantee shall take the
necessary legal action to vacate such portions and shall immediately restore the land within all
vacated portions to natural conditions as may be directed by State. In restoring the land, all
asphalt shall be removed from the vacated portion; the asphalt shall not be deposited on the
adjacent State land. In addition, the land surface shall be scarified to blend with the adjoining
landscape.
Noncompliance. State shall notify the Grantee of any instance of noncompliance by the
Grantee, its contractors, subcontractors, invitees, agents, employees, licensees, or permittees
with any of the terms and conditions hereof. Such notice will specifically identify the manner
of noncompliance herewith.
In the event the Grantee does not undertake, or cause to be undertaken, remedial action within
fifteen (15) days following receipt of said notice, State, acting by and through its Region
Manager at Ellensburg, Washington, may suspend the Grantee's operations until such time as
effective remedial action is taken.
Construction. The terms of this Easement shall be given their ordinary meaning unless
defined herein and shall not be presumed construed against the drafter.
Effective Date. The Effective Date of this Easement and all provisions herein, including the
Temporary Construction Easement described above, shall be the date on which the last party
executes this Easement. The Effective Date will be inserted on the first page of the Easement
when such date is determined.
Exhibits. All exhibits referenced in this Easement are incorporated as part of the Easement.
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City Road Easement 8 of 11 Easement No. 50-098517
Headings. The headings in this Easement are for convenience only and are not intended to,
and shall not be construed to, limit, enlarge, or affect the scope or intent of this Easement nor
the meaning of any of its provisions.
Modification. Any modification of the Easement must be in writing and signed by the
parties. The parties shall not be bound by any oral representations or statements.
Non-waiver. The waiver by State of any breach or the failure of State to require strict
compliance with any term herein shall not be deemed a waiver of any subsequent breach.
Severability. If any provision of this Easement shall be held invalid, it shall not affect the
validity of any other provision herein.
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City Road Easement 9 of 11 Easement No. 50-098517
IN WITNESS WHEREOF, the parties hereto have executed this instrument, in duplicate, as
of the day and year first above written.
CITY OF PASCO
Dated: , 20 . By:
City Manager
Address: 525 N 3rd Avenue
PO Box 293
Pasco, WA 99301
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
Dated: , 20 . By:
ANGUS W. BRODIE
Deputy Supervisor for State Uplands
PO Box 47000
1111 Washington Street SE
Olympia, WA 98504-7000
Approved as to form
October 18, 2002
by Mike Rollinger
Assistant Attorney General
for the State of Washington
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City Road Easement 10 of 11 Easement No. 50-098517
REPRESENTATIVE ACKNOWLEDGMENT
State of Washington
County of
I certify that I know or have satisfactory evidence that are
the individuals who appeared before me, and said individuals acknowledged that they signed
this instrument, on oath stated that they were authorized to execute the instrument and
acknowledged it as the (Title) of the City of Pasco to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
Dated:
(Signature)
(Seal or stamp)
(Print Name)
Notary Public in and for the State of Washington,
residing at .
My appointment expires .
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City Road Easement 11 of 11 Easement No. 50-098517
STATE ACKNOWLEDGMENT
State of Washington
County of Thurston
I certify that I know or have satisfactory evidence that Angus Brodie is the person who
appeared before me, and said person acknowledged that he/she signed this instrument, on oath
stated that he/she was authorized to execute the instrument and acknowledged it as the Deputy
Supervisor for State Uplands of the Department of Natural Resources of the State of
Washington to be the free and voluntary act of such party for the uses and purposes mentioned
in the instrument.
Dated:
(Signature)
(Seal or stamp)
(Print Name)
Notary Public in and for the State of Washington,
residing at .
My appointment expires .
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AGENDA REPORT
FOR: City Council April 29, 2019
TO: Dave Zabell, City Manager Regular Meeting: 5/6/19
FROM: Larry Dickerson, Interim Director
Police Department
SUBJECT: Interlocal Agreement Addendum for School Resource Officer Services
I. REFERENCE(S):
Proposed Interlocal Agreement Addendum
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve the Interlocal Agreement Addendum for School
Resource Officer Services with the Pasco School district for the 2018-2019 and 2019-
2020 school year and, further, authorize the City Manager to sign the addendum.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
School Resource Officers (SRO) are full-time uniformed police officers primarily
dedicated to providing law enforcement resource services to assigned schools and
surrounding neighborhoods. The Police Department has had a long term relationship
with the Pasco School District (PSD) to provide these officers. In January 2019 the
Police Department issued Body Worn Cameras (BWC) to the uniformed officers in the
department, these were not part of the original Interlocal Agreement for School
Resource Officer Services approved in July 2018.
The Police Department and Pasco School District have worked closely to provide
appropriate services to benefit both the students and faculty. The PD felt that
implementation of BWC by the SRO would enhance collaborative efforts of public
safety while ensuring transparency and evidence collections for criminal cases. The
schools shared some concerns and reviewed the Police Department's policy along with
how other schools were dealing with this issue. After the PSD reviewed the
department's policy on BWC they felt it was necessary to make changes noted in the
addendum due to the public school environment having unique legal protections for
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students. This addendum outlines those protections and memorializes both parties’
requirements when the SRO has a BWC. This addendum has been reviewed by the
City Attorney.
The Police Department and Pasco School District want to keep a positive atmosphere
and relationship with the students at the respective schools where SRO are assigned.
The relationship between SRO and students often is confidential as students confide in
the SRO. This addendum protects not only students’ rights, but also the sensitive
communication between the student and the SRO. It also enhances and works well
with the BWC policy and use by the PD.
V. DISCUSSION:
Staff is requesting council approval of this addendum.
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ADDENDUM NO. 1
TO
INTERLOCAL AGREEMENT FOR SCHOOL RESOURCE OFFICER
BETWEEN
PASCO DISTRICT NO. 1
AND
CITY OF PASCO, WASHINGTON
BY THIS ADDENDUM entered into this ___ day of ____________, 2019,
modifying the Interlocal Agreement for School Resource Officer between Pasco School
District No. 1 and City of Pasco, Washington, entered into on the 29th day of August 2018,
by the Parties hereto.
WHEREAS, Pasco School District No. 1 (“District”), and the City of Pasco
(“City”), together “the Parties”, are parties to an Interlocal Agreement for School Resource
Officer; and
WHEREAS, the Parties desire to amend the Interlocal Agreement for purposes of
memorializing each party’s respective roles and responsibilities regarding use of Body
Worn Cameras (BWC) by School Resource Officer. NOW, THEREFORE,
IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED
HEREIN, the Parties agree as follows:
Section 1. This Addendum to Interlocal Agreement for School Resource Officer
Between Pasco School District No. 1 and City of Pasco, Washington adding Section 19,
“Body-Worn Cameras” is hereby adopted and shall read as follows:
19. Body-Worn Cameras (BWCs).
A. School Resource Officer assigned to schools pursuant to the Interagency
Agreement may be equipped with BWCs as determined by the City;
B. BWCs used by School Resource Officer will be used in accordance with
formally adopted Pasco Police Department policy and procedure;
C. BWCs will not be activated surreptitiously by any School Resource Officer
while the officer is interacting with any student, parent/guardian, or District
staff member;
D. BWCs will not be activated while a School Resource Officer is participating
in or assisting with the roles or responsibilities traditionally exercised by
school personnel;
Addendum No. 1 to Interlocal Agreement for School Resource Officer
Between Pasco District No. 1 and City of Pasco, Washington - 3
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E. Recordings and related records created by activating the BWC shall be the
sole property of the City;
F. Should a BWC be activated during law enforcement engagement with a
student according to City policy, the BWC recording shall be considered a
“law enforcement unit record” for purposes of the Family Educational
Rights and Privacy Act (FERPA), 20 USC §1232g; 34 CFR Part 99 and
such law enforcement unit record shall not be under the control or direction
of the District;
G. Nothing in this Amendment creates an obligation for the District to create,
maintain, or provide public records related to a BWC, and any requests for
public records related to BWCs under Ch. 42.56 RCW will be referred to
the City.
Section 2. All remaining terms and conditions contained in the Interlocal
Agreement for School Resource Officer Between Pasco School District No. 1 and City of
Pasco, Washington dated August 29, 2018, not specifically amended above nor inconsistent
with the terms as amended above, shall remain in full force and effect.
IN WITNESS WHEREOF, this Addendum No. 1 is executed as of and effective
on the ____ day of _________________, 2019.
CITY OF PASCO, WASHINGTON PASCO SCHOOL DISTRICT NO. 1
By: __________________________ By: __________________________
Dave Zabell, City Manager __________________________
ATTEST:
________________________________
Angela Pashon, Interim City Clerk
APPROVED AS TO FORM:
__________________________________
Kerr Ferguson Law, PLLC, City Attorney
Addendum No. 1 to Interlocal Agreement for School Resource Officer
Between Pasco District No. 1 and City of Pasco, Washington - 3
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STATE OF WASHINGTON )
: ss.
County of Franklin )
On this day personally appeared before me DAVE ZABELL, City Manager for the
City of Pasco, Washington, to be known to be the individual described in and who executed
the within and foregoing instrument and acknowledged that he signed the same as his free
and voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this _____ day of _____________, 2019.
____________________________________________
NOTARY PUBLIC in and for the State of Washington
Residing at: __________________________________
My Commission Expires: _______________________
STATE OF WASHINGTON )
: ss.
County of Frankliin )
On this day personally appeared before me ________________, of Pasco School
District No. 1, to be known to be the individual described in and who executed the within
and foregoing instrument and acknowledged that he/she signed the same as his/her free and
voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this _____ day of _____________, 2019.
____________________________________________
NOTARY PUBLIC in and for the State of Washington
Residing at: __________________________________
My Commission Expires: _______________________
Addendum No. 1 to Interlocal Agreement for School Resource Officer
Between Pasco District No. 1 and City of Pasco, Washington - 3
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AGENDA REPORT
FOR: City Council May 1, 2019
TO: Dave Zabell, City Manager Regular Meeting: 5/6/19
FROM: Colleen Chapin, Human Resources Manager
Executive
SUBJECT: Addendum to Collective Bargaining Agreement (CBA) with International
Union of Operating Engineers (IUOE), Local 280
I. REFERENCE(S):
Collective Bargaining Addendum with IUOE, Local 280 – Proposed extension to
Collective Bargaining Agreement.
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve the Addendum to the CBA with the IUOE, Local #280,
for years 2020 - 2021 and, further, authorize the City Manager to execute the
agreement.
III. FISCAL IMPACT:
The impact on 2019 expenditures will be a combined $5,600; the impact of a 3% wage
increase for the unit will be approximately $140,000 annually: $51,000 from the
general fund and $88,000 from the utility fund.
IV. HISTORY AND FACTS BRIEF:
The current contract terminates December 31, 2019.
V. DISCUSSION:
This 68-member bargaining unit has a current contract that expires December 31, 2019.
As there are minimal language changes to be negotiated, the parties expressed interest
in negotiating an Addendum to the 2016-2019 CBA that addresses wages for 2020 and
2021. The parties reached a tentative agreement on the addendum on March 25, 2019.
Local 280 notified the City the same day that the members had voted to ratify the
addendum that will extend the CBA expiration until December 31, 2021. In addition,
the amendment would extinguish an ongoing grievance regarding the interpretation of
the 2016-2019 CBA which the parties are currently arbitrating.
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This two-year addendum offers the City and the union stability with regard to wages
for the extended life of the agreement and saves resources that would be expended
during the bargaining process. Both of these are beneficial from a budget standpoint.
Following are the significant changes reflected in the addendum:
Effective May 2019: Covert ICMA 457(b) 3% City match to a 3% City
contribution
Effective July 2019: 1.0% wage increase
Effective January 2020: 90% of CPI U June to June (minimum 1.5% / maximum 3.5%)
Effective July 2020: 1.0% wage increase
Effective January 2021: 3.0% wage increase
Staff recommends Council ratification of the Agreement.
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