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HomeMy WebLinkAbout2019.07.15 Council Meeting PacketRegular Meeting AGENDA PASCO CITY COUNCIL 7:00 p.m. July 15, 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. 4 - 8 (a) Approval of Minutes To approve the minutes of the Pasco City Council Meeting dated July 1, 2019. 9 (b) TRAC Advisory Board Appointment To concur in the Mayor's reappointment of Carl Leth to a three-year term on the TRAC Advisory Board (term to expire July 1, 2022). (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: Page 1 of 43 Regular Meeting July 15, 2019 (a) Verbal Reports from Councilmembers 7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: 10 - 16 (a) Vacation: A Portion of East Duluth Street (MF# VAC2019-004) MOTION: I move to approve Resolution No. 3910, a resolution setting 7:00 P.M., Monday, August 5, 2019 as the time and date to conduct a public hearing to consider vacating a portion of East Duluth Street. 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: 17 - 29 (a) Code Amendment: Minimum Lot Size & Frontage in Zones R-2 through R-4 MOTION: I move to adopt Ordinance No. 4445, amending PMC Chapter 21 (Subdivision Regulations) and 25 (Zoning) to reduce the minimum lot size and frontage requirements in certain zoning districts. 30 - 38 (b) Ordinance for Capital Ave Sewer Lift Station Project MOTION: I move to adopt Ordinance No. 4446, accepting the donation of real property from the Miller Living Trust for the Capital Avenue Sewer Lift Station Project, as provided for in the Sewer System Extension Agreement dated June 15, 2016 and entered into by the City of Pasco and Miller Living Trust. 39 - 43 (c) Housekeeping Ordinances - Criminal Offenses MOTION: I move to adopt Ordinance No. 4447, amending PMC Section 9.15.030 "Simple Assault". MOTION: I move to adopt Ordinance No. 4448, creating a new Pasco Municipal Code Chapter 10.95 "Police Department Unmarked Vehicles". 9. UNFINISHED BUSINESS: 10. NEW BUSINESS: 11. MISCELLANEOUS DISCUSSION: 12. EXECUTIVE SESSION: 13. ADJOURNMENT. Page 2 of 43 Regular Meeting July 15, 2019 (RC) Roll Call Vote Required * Item not previously discussed Q Quasi-Judicial Matter MF# “Master File #....” REMINDERS: • Tuesday, July 16, 4:00 p.m. - Pasco Public Facilities District Board, Conference Room 1 (Councilmembers Maloney & Milne, Liaisons) 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 3 of 43 AGENDA REPORT FOR: City Council July 10, 2019 TO: Dave Zabell, City Manager Regular Meeting: 7/15/19 FROM: Angela Pashon, City Clerk Administrative & Community Services SUBJECT: Approval of Minutes I. REFERENCE(S): Minutes 07.01.19 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the minutes of the Pasco City Council Meeting dated July 1, 2019. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 4 of 43 REGULAR MEETING MINUTES PASCO CITY COUNCIL JULY 1, 2019 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmembers present: Ruben Alvarado, Blanche Barajas, Craig Maloney, Saul Martinez, David Milne, Pete Serrano, and Matt Watkins. Staff present: Dave Zabell, City Manager; Eric Ferguson, City Attorney; Zach Ratkai, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Dan Ford, City Engineer; Richa Sigdel, Finance Director; Larry Dickerson, Interim Police Chief and Bob Gear, 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 June 17, 2019. Bills and Communications To approve claims in the total amount of $4,247,741.53 ($2,649,568.93 in Check Nos. 229716-230007; $802,775.56 in Electronic Transfer Nos. 824841- 824885, 824892-824927, 824934-825007, 825009-825033, 825035, 825037- 825083, 825087-825164, 825166-825170, 825178; $24,993.14 in Check Nos. 52642-52677; $770,403.90 in Electronic Transfer Nos. 30135448-30135989). Settlement for Total Site Services Claim To approve the Compromise, Settlement, and Release Agreement with Total Site Services, LLC and, further, authorize the City Manager to execute the Agreement. (RC) MOTION: Mr. Maloney moved to approve the Consent Agenda as read. Mr. Serrano seconded. Motion carried by unanimous Roll Call vote. PROCLAMATIONS AND ACKNOWLEDGEMENTS: Proclamation for "Pacific Northwest Mustang Club" Council presented Proclamation to Pacific Northwest Mustang Club officers: Corky Farrell, President and Alan Anderson, Treasurer Yard and Business of the Month Awards Mayor Watkins presented Certificates of Appreciation for June 2019 "Yard of the Month" and "Business Appearance of the Month" to: • Javier Acencion, 1723 N. 6th Avenue • Santos Echeverria, 1516 W. Bonneville Street • Erika Loe, 4708 Meadow View Lane Page 1 of 4 Page 5 of 43 REGULAR MEETING MINUTES PASCO CITY COUNCIL JULY 1, 2019 • Craig Sakach, 3121 Chardonnay Drive • Northwest Farm Credit Services, 9915 Saint Thomas Drive All-America City Delegation Recognition Mayor Watkins presented letters of appreciation to members of 2019 All- America City delegation. VISITORS - OTHER THAN AGENDA ITEMS: • Tim Tippett discussed the Process Water Reuse Facility. • Harold Worsham discussed the Process Water Reuse Facility. • Trevor Gamache discussed the Process Water Reuse Facility. • Jeffrey Robinson discussed fireworks. • Justin Carrie discussed First Amendment rights and special use permits. REPORTS FROM COMMITTEES AND/OR OFFICERS: Verbal Reports from Councilmembers • Mr. Alvarado attended a Trauma Informed Care Conference. Additionally, he attended the Association of Washington Cities Conference in Spokane. While in Spokane he toured a supportive housing facility. • Ms. Barajas attended he Association of Washington Cities Conference in Spokane where she accepted the AWC Municipal Excellence Award for the Hot Spotters program. General Fund Monthly Report - May 2019 HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Easement Vacation: Vacating (7) Easements at Stevens Middle School (MF# VAC 2019-003) Mayor Watkins declared the Public Hearing open to consider vacation. Following three calls for comments, Mayor Watkins declared the Public Hearing closed. MOTION: Mr. Maloney moved to approve Ordinance No. 4443, vacating seven easements at 1023 N. 24th Avenue, and further, authorize publication by summary only. Mr. Alvarado seconded. Motion carried unanimously. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Code Amendment: Shared Street Frontages (MF# CA 2018-008) Council and staff discussed standards for shared street frontages. MOTION: Mr. Maloney moved to adopt Ordinance No. 4444, amending PMC Section 21.20.050 “Lot Requirements” and creating Section 21.20.060 "Lots Without Public Street Frontage," and further, authorize publication by summary only. Mr. Martinez seconded. Motion carried unanimously. Page 2 of 4 Page 6 of 43 REGULAR MEETING MINUTES PASCO CITY COUNCIL JULY 1, 2019 20th Avenue Overlay Project Bid Award MOTION: Mr. Maloney moved to award the low bid for the 20th Ave Overlay Project to Central Washington Asphalt of Benton City in the amount of $386,587.65 and, further, authorize the City Manager to execute the contract documents. Ms. Barajas seconded. Motion carried unanimously. Burbank Irrigation District Water Rights - Purchase and Sale Agreement MOTION: Mr. Maloney moved to approve the Water Right Purchase & Sale Agreement with Burbank Irrigation District and, further, authorize the City Manager to execute the Agreement. Mr. Serrano seconded. Motion carried unanimously. Foster Wells Force Main Agreement MOTION: Mr. Maloney moved to approve the Foster Wells Forcemain Reimbursement Agreement with the Processors, for the purpose of providing an additional force main for processed wastewater transmission from the Foster Wells Lift Station to the PWRF and, further, authorize the City Manager to execute the Agreement. Mr. Milne seconded. Motion carried unanimously. Bid Award - 18080 Foster Wells Force Main Improvements MOTION: Mr. Maloney moved to award the Foster Wells Force Main Improvements project to C&E Trenching, LLC in the amount of $4,768,614.05 for the Base Bid and Additive Bid 1 and authorize the City Manager to execute the contract documents. Ms. Barajas seconded. Motion carried unanimously. Final Project Acceptance - Capital Avenue Sewer Lift Station MOTION: Mr. Maloney moved to approve Resolution No. 3909 accepting work performed by C & E Trenching, LLC under contract for the Capital Avenue Sewer Lift Station Construction. Mr. Milne seconded. Motion carried unanimously. Collective Bargaining Agreement with Pasco Police Officer’s Association (PPOA) Non-Uniform MOTION: Mr. Maloney moved to approve the Collective Bargaining Agreement with Pasco Police Officer's Association Non-Uniform, for years 2020 - 2022 and, further authorize the City Manager to execute the agreement. Mr. Martinez seconded. Motion carried unanimously. MISCELLANEOUS DISCUSSION: • Mr. Alvarado stated he would like to start a conversation on an Arts and Culture Commission. • Mr. Maloney discussed events for the Grand Old 4th Celebration. • Mr. Watkins reminded everyone that last year was an education year on the safe and sane fireworks and this year is an enforcement year. • Mr. Martinez encouraged everyone to be safe and consider their neighbors this holiday. ADJOURNMENT. Page 3 of 4 Page 7 of 43 REGULAR MEETING MINUTES PASCO CITY COUNCIL JULY 1, 2019 There being no further business, the meeting was adjourned at 8:04 PM. PASSED AND APPROVED this 15th day of July 2019 APPROVED: ATTEST: Matt Watkins, Mayor Angela Pashon, Interim City Clerk Page 4 of 4 Page 8 of 43 AGENDA REPORT FOR: City Council July 12, 2019 TO: Dave Zabell, City Manager Regular Meeting: 7/15/19 FROM: April Culwell, Executive Administrative Assistant Executive SUBJECT: TRAC Advisory Board Appointment I. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to concur in the Mayor's reappointment of Carl Leth to a three-year term on the TRAC Advisory Board (term to expire July 1, 2022). III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: The City entered into an Interlocal Agreement with Franklin County in 1993 providing for the joint development of the TRAC Facility (now HAPO Center). The agreement provides for a TRAC Advisory Board, composed of seven members, to advise the County Commission regarding all aspects of the TRAC Facility (financial, operational, etc.). The advisory committee is to be composed of three members residing outside of Pasco but within Franklin County and appointed by the County Commissioners; three members residing within the City of Pasco and appointed by the City Council; a seventh member selected by mutual agreement of the six appointed Advisory Board members. The City representatives on the TRAC Advisory Board have historically been two Councilmembers and a Pasco citizen. In July 2016, Carl Leth was reappointed by Council to represent the City of Pasco. V. DISCUSSION: Mayor Watkins requests Council's concurrence in his reappointment of Carl Leth to the TRAC Advisory Board. Page 9 of 43 AGENDA REPORT FOR: City Council July 10, 2019 TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development Regular Meeting: 7/15/19 FROM: Darcy Bourcier, Planner I Community & Economic Development SUBJECT: Vacation: A Portion of East Duluth Street (MF# VAC2019-004) I. REFERENCE(S): Proposed Resolution Overview Map Exhibit 1 Vacation Petition II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No._____, a resolution setting 7:00 P.M., Monday, August 5, 2019 as the time and date to conduct a public hearing to consider vacating a portion of East Duluth Street. III. FISCAL IMPACT: None. IV. HISTORY AND FACTS BRIEF: The applicant owns two parcels located directly north of the portion of East Duluth Street he seeks to vacate, as well as one parcel directly south (parcel #s 113 -502-095, 113-502-139, and 113-503-060). Before said vacation occurs, he intends to combine the northern two parcels into one in order to avoid removing right-of-way frontage from parcel #113-502-139. Theses parcels will be combined before the August 5, 2019 hearing. The petition requires the City Council to fix a public hearing to consider the vacation request. The earliest regular City Council meeting available for a public hearing which provides the statutory 20-day hearing notice is August 5, 2019. Page 10 of 43 V. DISCUSSION: Per PMC 12.40 the Council may require compensation for vacated rights-of-way. However, this proposal involves East Duluth Street, which has been determined in the Oregon Avenue Circulation Plan to be unnecessary. The Circulation Plan identifies streets that must be retained for proper circulation and streets that may be vacated. Thus, because it has been previously determined that East Duluth Street may be vacated, no compensation is necessary. The City Engineering Department has reviewed the proposal and has determined the vacation of the right-of-way to be non problematic. Page 11 of 43 RESOLUTION NO. ______ A RESOLUTION SETTING 7:00 PM, MONDAY, AUGUST 5, 2019 AS THE TIME AND DATE TO CONDUCT A PUBLIC HEARING TO CONSIDER VACATING A PORTION OF EAST DULUTH STREET. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate right-of-way; and WHEREAS, a petition for the vacation of a portion of East Duluth Street has been submitted to the City; and, WHEREAS, the vacation process provided in PMC 12.40 requires a title report and an appraisal of value and compensation unless waived by the City Council; and, WHEREAS, the City Council may waive the requirement for a title report, an appraisal of value and compensation if the Council has previously determined the street in question can be vacated; and, WHEREAS, the City Council by adoption of Ordinance 3255 establishing the Oregon Avenue Corridor Circulation Plan which identified streets that must be retained for proper circulation and streets that may be vacated; and, WHEREAS, Duluth Street is identified in the Oregon Avenue Circulation Plan as a street that is planned to be vacated; and, WHEREAS, R.C.W. 35.79 requires public hearings on vacations to be fixed by Resolution, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: Section 1. Wavier of Requirements: That pursuant to PMC 12.40 the City Council hereby waives the requirement for an appraisal, title report and payment of compensation for the proposed right-of-way vacation of a portion of East Duluth Street as depicted in the attached “Exhibit #1,” and; Section 2. Notice of Hearing: That a public hearing to consider vacating the following as depicted in the attached Exhibit #1, will be held before the City Council of the City of Pasco in the Council Chambers at 525 N Third Avenue, Pasco, Washington, at the hour of 7:00 p.m., on August 5, 2019: i. East Duluth Street from the eastern property line of Parcel # 113-502-079 eastward 175 feet Page 12 of 43 That the City Clerk of the City of Pasco give notice of said public hearing as required by law. Passed by the City Council of the City of Pasco this 15th day of July, 2019. _____________________________ Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ City Clerk Kerr Law Group Page 13 of 43 City of Pasco, IS Division / 0 360 720180Feet N Utah AveVacation: Portion of East Duluth Street Applicant: John Liniger File #: VAC2019-004 Overview Map E Spoka n e S t E Salt La k e S t N California AveN Wehe AvePage 14 of 43 / 0 90 18045Feet N Utah AveVacation: Portion of East Duluth Street Applicant: John Liniger File #: VAC2019-004 Exhibit 1 Page 15 of 43 Page 16 of 43 AGENDA REPORT FOR: City Council July 10, 2019 TO: Dave Zabell, City Manager Rick White, Director Community & Economic Development Regular Meeting: 7/15/19 FROM: Darcy Bourcier, Planner I Community & Economic Development SUBJECT: Code Amendment: Minimum Lot Size & Frontage in Zones R-2 through R-4 I. REFERENCE(S): Proposed Ordinance Memo to Planning Commission Dated: 6/20/2019 Planning Commission Minutes Dated: 3/21/2019, 5/16/2019 and 6/20/2019 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. _____, amending PMC Chapter 21 (Subdivision Regulations) and 25 (Zoning) to reduce the minimum lot size and frontage requirements in certain zoning districts. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The PMC states that for lots under 10,000 square feet in size, the minimum lot frontage is to be 60 feet. This provision includes zones R-1 (Low Density Residential) through R-4 (High Density Residential), which each have their own designated minimum lot size requirement. However, the minimum lot frontage of 60 feet is a requirement regardless of the lot size for lots less than 10,000 square feet in size. Interest has also been expressed to more closely match the minimum lot size with frontage requirements and generally provide an overall decrease in the minimum lot sizes in the R-2; R-3 and R-4 zoning districts in order to prevent the potential creation of irregular or long, narrow lots. Page 17 of 43 In the interest of creating additional lots for new dwellings in Pasco, the proposed amendment of the PMC would decrease the minimum frontage and minimum lot size in zones R-2 through R-4. The Planning Commission has considered this proposal in several workshops and in a public hearing, has concluded that the proposal will increase the opportunity to provide additional housing opportunities and has forwarded a recommendation of approval to City Council. This item was discussed by Council at the July 8, 2019 workshop meeting. V. DISCUSSION: The proposed ordinance provides the following revisions to the Zoning Code: R-2 (Medium Density): • Decrease minimum lot frontage from 60 to 50 feet • Decrease minimum lot size from 6,000 to 5,000 square feet (single family dwellings) • Decrease minimum lot size from 5,000 to 4,000 square feet (multi-family dwellings) R-3 (Medium Density): • Decrease minimum lot frontage from 60 to 50 feet • Decrease minimum lot size from 5,500 to 4,500 square feet (single family dwellings) R-4 (High Density): • Decrease minimum lot frontage from 60 to 50 feet • Decrease minimum lot size from 5,000 to 4,000 square feet (single family dwellings) Verbiage for the allowance of zero-lot-line (common wall) platting in R-3 and R-4 zones has also been included in the attached Ordinance. Page 18 of 43 ORDINANCE NO._____ AN ORDINANCE AMENDING PMC CHAPTER 21 (SUBDIVISION REGULATIONS) AND 25 (ZONING) TO REDUCE THE MINIMUM LOT SIZE AND FRONTAGE REQUIREMENTS IN CERTAIN ZONING DISTRICTS. WHEREAS, the development and approval of plats within the State of Washington are governed by RCW 58.17; and, WHEREAS, local subdivision regulations including the City of Pasco subdivision regulations within Title 21 of the Pasco Municipal must conform to RCW 58.17; and, WHEREAS, the PMC currently states that parcels under 10,000 square feet in size must have at least 60 feet of street right-of-way frontage; and, WHEREAS, interest has been expressed to decrease the minimum lot size and frontage requirements in certain residential zones; and, WHEREAS, decreasing the minimum lot size and frontage in certain residential zones would increase housing density to allow for more homes to be constructed to help accommodate Pasco’s growing population; and, WHEREAS, the proposed revisions have been considered by the Pasco Planning Commission at a public hearing and the Commission has recommended City Council approve the revisions; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1.That section 21.20.040 of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 21.20.040 MINIMUM LOT DIMENSIONS. Lot areas shall conform to the requirements of PMC Title 25. (1) Width and Depth. (a) Lot depth exceeding two and one-half times the lot width shall be avoided. (2) Frontage. A minimum frontage area for each lot shall be required as follows: (a) Lots in the R-1, R-1-A, and R-1-A2 zoning districts with less than 10,000 square feet in area shall have a minimum frontage of 60 feet except lots fronting on cul-de- sacs, which shall have a minimum frontage of 35 feet and a width of 50 feet or more at the setback line; (b) Lots in the R-2, R-3, and R-4 zoning districts with less than 10,000 square feet in area shall have a minimum frontage of 50 feet except lots fronting on cul-de-sacs, which shall have a minimum frontage of 35 feet and a width of 50 feet or more at the Page 19 of 43 setback line; and except lots that are part of zero-lot-line developments, which shall have a minimum frontage of 30 feet; (c) Lots with more than 10,000 square feet in area shall have a minimum frontage of 90 feet except lots fronting on cul-de-sacs, which shall have a minimum frontage of 35 feet and a width of 50 feet or more at the setback line. (3) In no case shall a residential lot contain less than 5,000 4,000 square feet of lot area unless the lot is approved by the City through the planned unit development or planned density development process., or if the lot is part of a zero-lot-line development. (4) In subdivisions where septic tanks or other individual sewage disposal devices are to be installed, the size of lots shall be subject to the approval of the Benton/Franklin Health District, but by no means shall be smaller in size than the applicable zoning district in which the lot is located. [Ord. 3398 § 2, 1999; Code 1970 § 26.16.040.] Section 2.That section 25.60.050 of the Pasco Municipal Code (R-2 Medium Density Residential) shall be and hereby is amended and shall read as follows: 25.60.050 DEVELOPMENT STANDARDS. (1) Minimum lot area: 6,000 5,000 square feet; (2) One single-family dwelling shall be permitted per lot. Multiple dwellings shall be permitted based on the density standards in PMC 25.60.050(3); (3) Density: One dwelling per 6,000 5,000 square feet of lot area for single-family dwellings and 5,000 4,000 square feet of lot area for multiple-family dwellings except as provided in PMC 25.60.030(8); (4) Maximum lot coverage: 40 percent; (5) Minimum Yard Setbacks. (a) Front: 20 feet; (b) Side: five feet; (c) Rear: Principal building: Equal to the height of the dwelling; Accessory structures: Accessory structures adjacent an alley may be placed on the alley line provided there are no openings in the wall parallel to the alley. Garages with vehicle doors parallel to an alley shall be set back from the alley 20 feet. Where there is no alley the setback shall be five feet. Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coops, must be at least 10 feet from any property line, may not exceed six feet in height and 30 square feet in size, and must be located behind the rear line of the dwelling. Rabbit hutches and/or chicken coops adjacent an alley may be placed within five feet of the alley line provided there are no openings in the wall parallel to the alley. Property owners shall not allow such structures to become a nuisance due to noise or odor. (6) Maximum Building Height. Page 20 of 43 (a) Principal building: 25 feet, except a greater height may be approved by special permit; (b) Accessory buildings: 15 feet; (7) Fences and hedges: See Chapter 25.180 PMC; (8) Parking: See Chapter 25.185 PMC; (9) Landscaping: See Chapter 25.180 PMC; and (10) Residential design standards: See PMC 25.165.100. [Ord. 4110 § 14, 2013; Ord. 4040 § 7, 2012; Ord. 4036 § 15, 2011; Ord. 3731 § 14, 2005; Ord. 3354 § 2, 1999; Code 1970 § 25.34.050.] Section 3.That section 25.65.050 of the Pasco Municipal Code (R-3 Medium Density Residential) shall be and hereby is amended and shall read as follows: 25.65.050 DEVELOPMENT STANDARDS. (1) Minimum lot area: 5,500 4,500 square feet; (2) One single-family dwelling shall be permitted per lot. Multiple dwellings shall be permitted based on the density standards in PMC 25.65.050(3); One dwelling unit per 5,500 4,500 square feet of lot area for single-family dwellings and 3,000 square feet of lot area for multiple-family dwellings and dwellings part of zero-lot- line developments except as provided in PMC 25.60.030(8); (4) Maximum lot coverage: 60 percent; (5) Minimum Yard Setbacks. (a) Front: 20 feet; (b) Side: Five feet;, except in zero-lot-line developments in which case no side yard setback is required from the common lot line(s), provided the remaining side yard is at least 10 feet; (c) Rear. Principal building: Equal to the height of the dwelling; Accessory structures: Accessory structures adjacent an alley may be placed on the alley line provided there are no openings in the wall parallel to the alley. Garages with vehicle doors parallel to an alley shall be set back from the alley 20 feet. Where there is no alley, the setback shall be five feet. Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coops, must be at least 10 feet from any property line, may not exceed six feet in height and 30 square feet in size, and must be located behind the rear line of the dwelling. Rabbit hutches and/or chicken coops adjacent an alley may be placed within five feet of the alley line provided there are no openings in the wall parallel to the alley. Property owners shall not allow such structures to become a nuisance due to noise or odor. (6) Maximum Building Height. Page 21 of 43 (a) Principal building: 35 feet, except a greater height may be approved by special permit; (b) Accessory buildings: 15 feet; (7) Fences and hedges: See Chapter 25.180 PMC; (8) Parking: See Chapter 25.185 PMC; and (9) Landscaping: See Chapter 25.180 PMC; (10) Residential design standards: See PMC 25.165.100. [Ord. 4110 § 15, 2013; Ord. 4040 § 8, 2012; Ord. 4036 § 17, 2011; Ord. 3731 § 16, 2005; Ord. 3354 § 2, 1999; Code 1970 § 25.36.050.] Section 4.That section 25.70.050 of the Pasco Municipal Code (R-4 High Density Residential) shall be and hereby is amended and shall read as follows: 25.70.050 DEVELOPMENT STANDARDS. (1) Minimum lot area: 5,000 4,000 square feet; (2) One single-family dwelling shall be permitted per lot. Multiple dwellings shall be permitted based on the density standards in PMC 25.70.050(3); (3) Density: One dwelling unit per 5,000 4,000 square feet of lot area for single-family dwellings and 1,500 square feet of lot area for multiple-family dwellings and dwellings part of zero-lot-line developments; (4) Lot coverage: 60 percent; (5) Minimum Yard Setbacks. (a) Front: 20 feet; (b) Side: Five feet;, except in zero-lot-line developments in which case no side yard setback is required from the common lot line(s), provided the remaining side yard is at least 10 feet; (c) Rear: Principal building: Equal to the height of the dwelling; Accessory structures: Accessory structures adjacent an alley may be placed on the alley line provided there are no openings in the wall parallel to the alley. Garages with vehicle doors parallel to an alley shall be set back from the alley 20 feet. Where there is no alley, the setback shall be five feet. Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coops, must be at least 10 feet from any property line, may not exceed six feet in height and 30 square feet in size, and must be located behind the rear line of the dwelling. Rabbit hutches and/or chicken coops adjacent an alley may be placed within five feet of the alley line provided there are no openings in the wall parallel to the alley. Property owners shall not allow such structures to become a nuisance due to noise or odor. (6) Maximum Building Height. Page 22 of 43 (a) Principal building: 35 feet, except a greater height may be approved by special permit; (b) Accessory buildings: 15 feet; (7) Fences and hedges: See Chapter 25.180 PMC; (8) Parking: See Chapter 25.185 PMC; (9) Landscaping: See Chapter 25.180 PMC; and (10) Residential design standards: See PMC 25.165.100. [Ord. 4110 § 16, 2013; Ord. 4040 § 9, 2012; Ord. 4036 § 19, 2011; Ord. 3731 § 18, 2005; Ord. 3354 § 2, 1999; Code 1970 § 25.38.050.] Section 5.This ordinance shall be in full force and effect five days after passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this ____ day of _________________, 2019. ______________________________ Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ____________________________ City Clerk Kerr Law Group Page 23 of 43 MEMO TO PLANNING COMMISSION PLANNING COMMISSION MEETING City Hall – 525 North Third Avenue – Council Chambers THURSDAY, JUNE 20, 2019 7:00 PM 1 TO: Planning Commission FROM: Darcy Bourcier, Planner I SUBJECT: Minimum Lot Size and Frontage in Residential Zones (MF# CA 2017-009) Introduction The PMC states that for lots under 10,000 square feet in size, the minimum lot frontage is to be 60 feet. This provision includes zones R-1 (Low Density Residential) through R-4 (High Density Residential), which each have their own designated minimum lot size requirement (see table 1). However, interest has been expressed to decrease the minimum lot frontage for these residential zones. To illustrate, a property may be zoned R-1 which allows for a minimum lot area of 7,200 square feet and a minimum frontage of 60 feet. If one was to seek a rezone of the property from R- 1 to R-2—which would decrease the minimum lot size to 6,000 square feet—the minimum frontage would remain 60 feet. In the interest of creating additional lots for new dwellings in Pasco, the City is proposing the amendment of the Zoning Code to decrease the minimum frontage from 60 feet to 50 feet for zones R-2 through R-4. By doing so, the resulting increase in lot density would allow for more homes to be constructed to help accommodate Pasco’s growing population. Considering the above information, staff is also entertaining the idea of decreasing minimum lot size accordingly. Should the minimum frontage decrease while the minimum lot size remains unchanged, there is a concern regarding the possibility of disproportionately-sized lots. Therefore, staff proposes revisions to minimum lot size in zoning districts R-2, R-3, and R-4, and seeks the Planning Commission’s input on modifying the Zoning Code in order to accommodate builders and developers in their effort to offer diverse residential properties at affordable prices while avoiding facilitating the creation of impractical or awkward lots. The R-2, R-3 and R-4 zoning districts allow for the development of single-family dwellings and multiple family structures such as duplexes, fourplexes and apartment buildings. Although established to allow multiple dwelling units on a single lot, the multi-family zoning districts can be a source of single family homes on smaller lots. Below is a table detailing Pasco’s current zoning standards regarding single family dwellings in low-to-high density residential zones. Table 1 Pasco (current standard) Min Lot Size (sq. ft.) Min Lot Frontage (ft.) Low Density (R-1) 7,200 60 Med Density (R-2) 6,000 60 Med Density (R-3) 5,500 60 High Density (R-4) 5,000 60 Page 24 of 43 2 Background The City of Pasco created the R-2 and R-3 zoning districts in 1965 in which no lot within those two districts could be smaller than 50 by 100 feet (5,000 square feet). This minimum lot size has been in the code in one form or another since 1965. Much of the original portions of Pasco were platted prior to the establishment of zoning. The general practice for platting in the early years was to divide blocks into 25-foot wide lots. Builders would then buy two or more lots to build houses or commercial buildings. As a result it is not uncommon to find single-family lots close to or below 5,000 square feet in size in older areas of town. The smallest lots in central Pasco between the High school and Sylvester Park (zoned R-1) are 4,750 square feet. The smallest lots south of “A” Street are just over 4,600 square feet; some contain 5,250 square feet and others are slightly larger at 5,400 square feet. Zoning Comparisons Kennewick and Richland both permit individual lots in their version of the R-2 and R-3 zones with a minimum of 4,000 square feet. The following tables show the minimum lot size and frontage standards for single family dwellings in Pasco’s neighboring cities. Table 2 Kennewick Min Lot Size (sq. ft.) Min Lot Frontage (ft.) Min Lot Width* (ft.) Suburban (RS) 10,500 30 60 Low Density (RL) 7,500 30 60 Med Density (RM) 4,000 30 50 High Density (RH) 4,000 30 N/A * Measured at front setback line Table 3 Richland Min Lot Size (sq. ft.) Min Lot Frontage (ft.) Single Family Res (R-1-12) 10,000 90 Single Family Res (R-1-10) 8,000 70 Med Density (R-2) 6,000 50 Med Density Small (R-2S) 4,000 42 Multi Family (R-3) 4,000 42 Previous Code Amendments In 2014 a developer applied for R-2 zoning with the intent of building only single-family homes. Although most of the lots in the proposed development were in excess of 6,000 square feet the Page 25 of 43 3 potential was there for a development with numerous 5,000 square foot lots. The creation of 5,000 square foot single-family lots without forethought to building design and subdivision integration with existing and adjacent neighborhoods had the potential to impact those neighboring developments. As a result, the Planning Commission was asked to provide some input on the matter as to whether or not the multi-family zoning districts should be reviewed as it related lot sizes. Later that year the City Council passed Ordinance 4173 to amend PMC Title 25 to increase the minimum lot size from 5,000 to 6,000 square feet in the R-2 zoning district and 5,000 to 5,500 square feet in the R-3 zoning district. It can be argued, then, that reverting back to smaller minimum lot sizes in the medium-to-high density residential zoning districts would essentially negate what Ordinance 4173 had accomplished. Once a developer goes through the process to obtain multi-family zoning he does not usually diminish his potential return by building single-family homes. Options Because the Planning Commission indicated that the minimum lot frontage and size requirements of the R-1 zoning district should remain as they are, staff has updated the proposed standard accordingly (see table 4). Option #1: The proposed changes have been highlighted below. Table 4 Pasco (proposed standard) Min Lot Size (sq. ft.) Min Lot Frontage (ft.) Low Density (R-1) 7,200 60 Med Density (R-2) 5,000 50 Med Density (R-3) 4,500 50 High Density (R-4) 4,000 50 Option #2: Some other variation of Option #1. Option #3: Maintain the current standard. RECOMMENDATION MOTION for Recommendation: I move the Planning Commission recommend to City Council the adoption of the proposed amendment as contained in the June 20, 2019 Planning Commission memo. Page 26 of 43 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: F. Code Amendment Minimum Lot Size and Frontage in Residential Zones (MF# CA 2017-009) Chairperson Roach read the master file number and asked for comments from staff. Darcy Bourcier, Planner I, discussed the proposed code amendment for minimum lot size and frontage in residential zones. Staff has suggested decreasing the minimum lot frontages in zones R-1, R-2, R-3 and R-4 from 60 feet to 50 feet and reducing minimum lot sizes to meet the need for increased density. Verbiage was also proposed to allow for zero lot line developments in R-3 and R-4 zones. Staff did not propose minimum lot sizes for the R-1 zone at this time but staff requested input from the Planning Commission. There was discussion between the Planning Commissioner’s and staff regarding the details of the proposed code amendment pertaining to minimum lot sizes and lot frontage, making land more affordable and increasing density. Tim Snider, 5918 Rio Grande Lane, discussed his concerns about minimum lot frontages and setbacks and what that would do for future developers who may be limited to rectangular single-family homes. The Commissioner’s discussed with staff the concerns and questions Mr. Snider proposed. Commissioner Mendez moved, seconded by Commissioner A. Campos, to continue the public hearing on the code amendment to a later date to be determined. The motion passed unanimously. Page 27 of 43 MINUTES PLANNING COMMISSION MEETING City Hall – 525 North Third Avenue – Council Chambers THURSDAY, MAY 16, 2019 7:00 PM Planning Commission Meeting Page 1 May 16, 2019 PUBLIC HEARINGS: B. Code Amendment Code Amendment for Minimum Lot Sizes (MF# CA 2017-009) – Continued from a previous meeting Chairperson Roach read the master file number and asked for comments from staff. Darcy Bourcier, Planner I, discussed the code amendment for minimum lot sizes. In March 2019, the Planning Commission was in agreement to leave the R-1 zoning district at 7,200 square foot minimum lot sizes and 60’ of frontage. Proposed revisions were to R-2 (5,000 sqft. minimum), R-3 (4,500 sqft. minimum) and R-4 (4,000 sqft. minimum) to change them to 50’ lot frontages. There was discussion between Staff and Commissioners regarding the revisions, ensuring the minimum lot sizes and frontages were proportionate, and minimum frontages in neighboring cities compared to the proposed lot frontages for Pasco. Commissioner Bowers moved, seconded by Commissioner Myhrum, to close the public hearing on the proposed code amendment and set June 20, 2019 as the date for deliberations and the development of a recommendation for the City Council. The motion passed unanimously. Page 28 of 43 MINUTES PLANNING COMMISSION MEETING City Hall – 525 North Third Avenue – Council Chambers THURSDAY, JUNE 20, 2019 7:00 PM Planning Commission Meeting Page 1 June 20, 2019 OLD BUSINESS: A. Code Amendment Code Amendment for Minimum Lot Sizes (MF# CA 2017-009) Chairperson Myhrum read the master file number and asked for comments from staff. Darcy Bourcier, Planner I, discussed the code amendment for minimum lot sizes. Staff did not have further discussion to add since previous meetings. Commissioner Bowers moved, seconded by Commissioner Mendez, the Planning Commission recommend to City Council the adoption of the proposed amendment relating to minimum lot sizes as contained in the June 20, 219 Planning Commission Memo. The motion passed unanimously. Page 29 of 43 AGENDA REPORT FOR: City Council July 8, 2019 TO: Dave Zabell, City Manager Regular Meeting: 7/15/19 FROM: Steve Worley, Director Public Works SUBJECT: Ordinance for Capital Ave Sewer Lift Station Project I. REFERENCE(S): Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. ___________ accepting the donation of real property from the Miller Living Trust for the Capital Avenue Sewer Lift Station Project, as provided for in the Sewer System Extension Agreement dated June 15, 2016 and entered into by the City of Pasco and Miller Living Trust. III. FISCAL IMPACT: Original Construction Contract: $772,154.63 Change Orders: $32,382.47 Final Construction Contract: $804,537.10 IV. HISTORY AND FACTS BRIEF: In spring of 2014, the City Council adopted the City's Comprehensive Sewer Plan. One of the projects identified in the Plan included the construction of a lift station on Capital Avenue in order to provide sewer for approximately 600 acres o f industrial zoned properties. The Capitol Avenue Lift Station project was included in the 2016- 2021 Capital Improvement Plan, which was passed by Council on September 8, 2015 (Resolution No. 3654). The City partnered with Miller Family Trust to develop the project. Miller Family Trust owns a large portion of the properties that will be served by the completed sewer lift station within the area known as the "Genesis Business Park". The Miller Family Trust, with the assistance of their consultant, took the lead in the design and completion of the project. Page 30 of 43 The Miller Living Trust agreed to donate a 60’ x 60’ piece of real property as part of the Capital Avenue Sewer Lift Station Project, pursuant to the Sewer Extension Agreement mentioned above; and the City intends to receive such property as a donation. This Ordinance formally accepts the donated property. V. DISCUSSION: This item was discussed at the July 1, 2019 Council Workshop meeting, where Resolution No. 3909 was accepted approving the construction of the sanitary sewer lift station. Page 31 of 43 ORDINANCE NO. ___________ AN ORDINANCE of the City of Pasco accepting the donation of real property from the Miller Living Trust for the Capital Avenue Sewer Lift Station Project, as provided for in the Sewer System Extension Agreement dated June 15, 2016 and entered into by the City of Pasco and Miller Living Trust WHEREAS, the Miller Living Trust agreed to donate a 60’ x 60’ piece of real property as part of the Capital Avenue Sewer Lift Station Project, pursuant to the Sewer Extension Agreement mentioned above; and WHEREAS, the City intends to receive such property as a donation. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The City of Pasco, a Washington Municipal Corporation, shall receive by Statutory Warranty Deed from Miller Living Trust the following described real property located in the City of Pasco, Franklin County, Washington: LEGAL DESCRIPTION: 3,632 SQUARE FEET OF LAND LOCATED IN THAT PORTION OF TRACT 1 AS DEPICTED ON THE SURVEY RECORDED IN VOLUME 3 OF SURVEYS, PAGE 137, LYING IN THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 09 NORTH, RANGE 30 EAST W.M., CITY OF PASCO, RECORDS OF FRANKLIN COUNTY, WASHINGTON. Franklin County Tax Parcel No. Portion of 113-220-071 Section 2. That the donated real property is conveyed to the City as a portion of the Miller Living Trust’s contribution to the construction of the Capital Avenue Sewer Lift Station Project as provided for in the Sewer System Extension Agreement entered into by the City of Pasco and Miller Living Trust on June 15, 2016, and with no services or goods provided by the City in return for the contribution. Good faith estimate of the value of the contribution is $15,000. Section 3. Signature Authorized. The City Manager of the City of Pasco, Washington, is hereby authorized and directed to accept on behalf of the City the Statutory Warranty Dee d in the form attached as Exhibit A to this Ordinance; and to take all other necessary steps required to complete the transfer of this real property. Section 4. Effective Date. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. Page 32 of 43 PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this ______ day of July, 2019. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Angela Pashon, Interim City Clerk Kerr Ferguson Law, City Attorney Page 33 of 43 Page 34 of 43 Page 35 of 43 Page 36 of 43 Page 37 of 43 Page 38 of 43 AGENDA REPORT FOR: City Council July 10, 2019 TO: Dave Zabell, City Manager Regular Meeting: 7/15/19 FROM: Eric Ferguson, Attorney Attorney SUBJECT: Housekeeping Ordinances - Criminal Offenses I. REFERENCE(S): Ordinance - Simple Assault Ordinance - Police Department Unmarked Vehicles II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: The City Attorney and City Prosecutor have noted two areas of the Pasco Municipal Code (PMC) where revisions are recommended in portions of the City Code. A summary of the proposed ordinances are as follows: Simple Assault: This ordinance amends the criminal code provisions by defining the crime of simple assault to allow for better enforcement. Police Department Unmarked Vehicles: This ordinance creates PMC Chapter 10.95 to allow the Police Department to use unmarked police vehicles for general undercover purposes or other purposes, and to allow the same to stop drivers operating motor vehicles. Staff recommends approval of the ordinances. V. DISCUSSION: Page 39 of 43 Ordinance Amending PMC 9.15.030 - 1 ORDINANCE NO. ______ AN ORDINANCE of the City of Pasco, Washington, Amending PMC Section 9.15.030 “Simple Assault” WHEREAS, the City Council of the City of Pasco has received recommendation from its criminal prosecuting attorney regarding Code amendments needed under the Pasco Municipal Code section defining the crime of simple assault; and WHEREAS, the City Council of the City of Pasco has recognized the need to amend its criminal code provisions defining the crime of simple assault to allow for better enforcement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1.That Section 9.15.030 of the Pasco Municipal Code entitled “Simple Assault” shall be and hereby is amended and shall read as follows: 9.15.030 SIMPLE ASSAULT. (1) No person may willfully use, or threaten to use by purposeful words or act, unlawful physical force against the person of another. (a) The definition of “use of force” shall be that force as defined under RCW 9A.16.020. (2) Any defense available to a person charged with the crime of assault in the fourth degree under RCW 9A.36.041 shall also be a defense to the crime of simple assault under this section; (3) Any crime charged under this section shall be a gross misdemeanor. [Ord. 3484 §2, 2001; Code 1970 § 9.06.030.] 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 Page 40 of 43 Ordinance Amending PMC 9.15.030 - 2 ATTEST: APPROVED AS TO FORM: __________________________________ __________________________________ Angela Pashon, Interim City Clerk Kerr Ferguson Law, PLLC, City Attorney Page 41 of 43 Ordinance – Creating PMC 10.95 ORDINANCE NO. ______ AN ORDINANCE of the City of Pasco, Washington, Creating a new Pasco Municipal Code Chapter 10.95 “Police Department Unmarked Vehicles” WHEREAS, the City Council of the City of Pasco considers unmarked police vehicles to be a useful resource for policing and the maintenance of public health and safety; and WHEREAS, Section 46.08.065(1) of the Revised Code of Washington allows local police departments to use unmarked police vehicles for special undercover or confidential investigative purposes; WHEREAS, Section 46.08.065(1) of the Revised Code of Washington also allows cities to, by rule or Ordinance, provide for exceptions to the requirements in Section 46.08.065(3) of the Revised Code of Washington regarding marking of publicly owned vehicles for general undercover purposes and other purposes; and WHEREAS, the Pasco Municipal Code does not currently provide for exceptions to the marking requirements for public owned vehicles in Section 46.08.065(3); and WHEREAS, the City of Pasco regulates vehicles and traffic in Title 10 of the Pasco Municipal Code; and WHEREAS, the City Council of the City of Pasco desires to amend Title 10 of the Pasco Municipal Code to allow the Police Department to use unmarked police vehicles for general undercover purposes or other purposes, and to allow the same to stop drivers operating motor vehicles; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That a new Chapter 10.95 entitled “Police Department Unmarked Vehicles” of the Pasco Municipal Code shall be and hereby is enacted and which shall read as follows: Chapter 10.95 POLICE DEPARTMENT UNMARKED VEHICLES Sections: 10.95.010 Definition. 10.95.020 Use of Unmarked Vehicles Generally. Page 42 of 43 Ordinance – Creating PMC 10.95 10.95.010 Definition. “Unmarked vehicle” means a motor vehicle that does not conform with the vehicle marking requirements of RCW 46.08.065(1). It does not include any motorcycle, vehicle over 10,000 pounds gross vehicle weight, or other vehicle that for structural reasons cannot be marked as required by RCW 46.08.065(1)-(2) that is owned or controlled by the City and used for public purposes on the public highways of this State. 10.95.020 Use of Unmarked Vehicles Generally. The Police Department of the City may own, use, operate, and maintain unmarked vehicles for general undercover or confidential investigative purposes, traffic control vehicles, law enforcement, confidential public health work, and public assistance fraud or child support investigative purposes. 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: __________________________________ __________________________________ Angela Pashon, Interim, City Clerk Kerr Ferguson Law PLLC, City Attorney Page 43 of 43