HomeMy WebLinkAbout2020.02.03 Council Meeting PacketRegular Meeting
AGENDA
PASCO CITY COUNCIL
7:00 p.m.
February 3, 2020
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 - 11 (a) Approval of Meeting Minutes
To approve the minutes of the Pasco City Council Meeting held on January
21, 2020 and Workshop held on January 27, 2020.
12 - 13 (b) Bills and Communications
To approve claims in the total amount of $3,058,971.00 ($1,883,005.46 in
Check Nos. 233659-233899; $404,820.63 in Electronic Transfer Nos.
826992-827090, 827106-827150, 827164-827293; $17,757.26 in Check
Nos. 53166-53183; $753,387.65 in Electronic Transfer Nos. 30143526-
30144027).
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
Page 1 of 67
Regular Meeting February 3, 2020
information for consideration by the Council outside of formal meetings.
6. REPORTS FROM COMMITTEES AND/OR OFFICERS:
(a) Verbal Reports from Councilmembers
14 - 16 (b) General Fund Monthly Report - December 2019
7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO:
17 - 22 (a) Public Hearing - NW Area Sewer LID Formation
MOTION: I move to continue the public hearing set in accordance with
Resolution No. 3932 to March 2, 2020, establishing the Northwest Area
Sewer LID.
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
23 - 51 (a) Q* Henne Rezone (Z 2019-013)
MOTION: I move to adopt Ordinance No. 4480, rezoning a parcel located
at 1405 Road 38 from C-1 to R-S-12, and further, authorize publication by
summary only.
52 - 63 (b) Code Amendment: Planned Unit Developments (MF# CA2019-010)
MOTION: I move to adopt Ordinance No. 4481, amending PMC Chapter
25.140, Planned Unit Development and further, authorize publication by
summary only.
64 - 67 (c) PSD Update of the 2019 Capital Facility Plan
MOTION: I move to approve Resolution No. 3940, incorporating the Pasco
School District's 2019 update of the Capital Facilities Plan into the City of
Pasco's Comprehensive Land Use Plan.
9. UNFINISHED BUSINESS:
10. NEW BUSINESS:
11. MISCELLANEOUS DISCUSSION:
12. EXECUTIVE SESSION:
13. ADJOURNMENT:
Page 2 of 67
Regular Meeting February 3, 2020
(a) (RC) Roll Call Vote Required
* Item not previously discussed
Q Quasi-Judicial Matter
MF# “Master File #....”
(b)
REMINDERS:
• Monday, February 3, 1:30 PM: Emergency Medical Services Board
Meeting – Fire Training Center, 1811 S. Ely, Kennewick (MAYOR
PRO TEM BLANCHE BARAJAS, Rep.; COUNCILMEMBER
DAVID MILNE, Alt.)
• Monday, February 3, 4:00 PM: Hanford Area Economic
Investment Fund Advisory Committee Meeting – Ben Franklin
Transit Main Conference Room (COUNCILMEMBER PETE
SERRANO, Rep.)
• Thursday, February 6, 5:30 PM: Parks & Recreation Advisory
Board – P&R Classroom, Pasco City Hall (COUNCILMEMBER
DAVID MILNE, Rep.; MAYOR SAUL MARTINEZ, Alt.)
• Monday, February 10, 12:00 PM: Pasco Chamber of Commerce
Lunch Meeting, Pasco Red Lion Hotel, 2525 20th Avenue, Pasco
• Monday, February 10, 6:00 PM: Old Fire Pension Board Meeting –
City Hall Conference Room 1, Pasco City Hall (MAYOR SAUL
MARTINEZ, Rep.; MAYOR PRO TEM BLANCHE BARAJAS,
Alt.)
This meeting is broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at
www.pasco-wa.gov/psctvlive.
Audio equipment available for the hearing impaired; contact the Clerk for
assistance.
Servicio de intérprete puede estar disponible con aviso. Por favor avisa la
Secretaria Municipal dos días antes para garantizar la disponibilidad.
(Spanish language interpreter service may be provided upon request.
Please provide two business day's notice to the City Clerk to ensure
availability.)
Page 3 of 67
AGENDA REPORT
FOR: City Council December 23, 2019
TO: Dave Zabell, City Manager Regular Meeting: 2/3/20
FROM: Debby Barham, City Clerk
Administrative & Community Services
SUBJECT: Approval of Meeting Minutes
I. REFERENCE(S):
01.21.20 & 01.27.20 Draft Council Minutes
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve the minutes of the Pasco City Council Meeting held on January 21, 2020
and Workshop held on January 27, 2020.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 4 of 67
REGULAR MEETING
MINUTES
PASCO CITY COUNCIL JANUARY 21, 2020
CALL TO ORDER:
The meeting was called to order at 7:00 p.m. by Saul Martinez, Mayor.
ROLL CALL:
Councilmembers present: Ruben Alvarado, Blanche Barajas, Craig Maloney,
Saul Martinez, David Milne, Zahra Roach, and Pete Serrano.
Staff present: Bob Gear Fire Chief and Acting City Manager, Colleen Chapin,
Human Resources Director, Eric Ferguson, City Attorney; Zach Ratkai,
Administrative & Community Services Director; Ken Roske, Police Chief;
Richa Sigdel, Finance Director; Rick White, Community & Economic
Development Director; Steve Worley, Public Works Director; and Debby
Barham, City Clerk.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA:
Approval of Meeting Minutes
To approve the minutes of the Pasco City Council Meeting held on January 6,
2020, Special Meeting held January 13, 2020 and rescheduled Workshop held
on January 14, 2020.
Bills and Communications
To approve claims in the total amount of $4,787,607.68 ($3,343,312.38 in
Check Nos. 233392-233658; $664,687.60 in Electronic Transfer Nos. 827094,
827151-827158, 827161-827163; $16,055.11 in Check Nos. 53149-53165;
$763,552.59 in Electronic Transfer Nos. 30143016-30143525).
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
$257,094.53 and, of that amount, authorize $134,284.45 to be turned over for
collection.
MOTION: Mayor Pro Tem Barajas moved to approve the Consent Agenda as
read. Mr. Serrano seconded. Motion was approved by unanimous Roll Call
vote.
PROCLAMATIONS AND ACKNOWLEDGEMENTS:
* Community Risk Reduction Week
Chief Gear introduced the newly established Community Risk Reduct ion
Week.
Mayor Martinez read and presented the proclamation, declaring January 20
through January 24 as Community Risk Reduction Week within the City of
Pasco, Washington, to Ben Shearer, Community Risk Reduction Specialist.
VISITORS - OTHER THAN AGENDA ITEMS:
Bertha Glatt, Pasco resident, expressed congratulations to the new Council and
commented on the adjustments to the boundaries of the Pasco Council districts.
Page 1 of 5 Page 5 of 67
REGULAR MEETING
MINUTES
PASCO CITY COUNCIL JANUARY 21, 2020
Rock Broadway Jr., Pasco resident, expressed congratulations to the new
Council and requested that Council ban a local income tax and also make Pasco
a second amendment sanctuary city.
REPORTS FROM COMMITTEES AND/OR OFFICERS:
Verbal Reports from Councilmembers
Ms. Roach attended her first Downtown Pasco Development Authority (DPDA)
meeting in the past week.
Mr. Alvarado recently attended the Benton Franklin Council of Governments
meeting and noted a few projects earmarked within Pasco.
Mayor Pro Tem Barajas attended the Tri-Cities Hispanic Chamber of
Commerce lunch meeting earlier in the day where the Friendship Agreement
with the State of Colima, Mexico was discussed. Ms. Barajas invited the
community to attend the first Colima steering committee meeting on Friday
February, 7, 2020 located at the Pasco Police Department's Community Room.
Mr. Milne attended the TRIDEC meeting in the past week where they discussed
the shoreline re-conveyance. Mr. Milne announced TRIDEC Executive Director
Carl Adrian's retirement celebration was scheduled for Thursday, January 23,
2020.
Mayor Martinez recently attended a Hanford Communities Governing Board
meeting and commented about the continued clean-up efforts made in the
Hanford area.
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
Designating City-Owned Property (NKA Heritage Blvd) as Surplus to City
Needs
Council and staff briefly discussed the proposed surplus of City-owned
property. Mr. Serrano questioned the City's process followed for the sale of this
property. Mr. Ferguson explained that the current practice for selling City-
owned property, as detailed within the Pasco Municipal Code (PMC), started in
2018 and this particular property was listed for sale prior to the the enactment
of the PMC process when property sales were handled administratively through
the City Manager's Office.
MOTION: Mayor Pro Tem Barajas moved to approve Resolution No. 3934,
declaring surplus, fixing a minimum price and determining the method of sale
of certain real property on Heritage Boulevard. Mr. Maloney seconded. Motion
carried unanimously.
Purchase and Sale Agreement and Memorandum of Understanding -
Catholic Charities
Mayor Martinez stated that, at the most, two individuals in support of the land
sale and two individuals opposed to the land sale may speak to Council if they
have new information to share with Council.
Johnathan Mallahan, Catholic Charities of Eastern Washington, expressed
support for the approval of Resolution No. 3935.
Karina Hernandez, Pasco resident, expressed opposition to the approval of
Page 2 of 5 Page 6 of 67
REGULAR MEETING
MINUTES
PASCO CITY COUNCIL JANUARY 21, 2020
Resolution No. 3935. After Ms. Hernandez spoke, she submitted a petition,
with approximately 300 signatures of neighborhood residents against the sale of
the property to Catholic Charities, to Ms. Barham.
Mr. Ferguson explained the process for determining the zoning and special use
of property and the sale of City-owned property, the roles and duties of the
Hearing Examiner and Council. The decision before Council was the sale of
property and not the use of the property as that had been determined by the
Hearing Examiner previously. Mr. Ferguson also noted that Council will be
bound by state and federal housing regulations for the decision they make for
sale of this property.
Mayor Pro Tem Barajas moved to approve Resolution No. 3935, approving the
sale and authorizing the City Manager to sign the purchase and sale agreement
for certain real property on Heritage Boulevard. Mr. Serrano seconded the
motion to open the item for Council discussion.
Each Councilmember explained their individual perspectives regarding the sale
of the City-owned property, located on Heritage Boulevard, to Catholic
Charities, including the need for supportive housing, the legal ramifications, as
well as reflecting on the concerns brought forward from residents and business
owners that live and work near the property and how these considerations
affected their positions regarding the proposed sale of the propert y.
MOTION: Mayor Pro Tem Barajas moved to approve Resolution No. 3935,
approving the sale and authorizing the City Manager to sign the purchase and
sale agreement for certain real property on Heritage Boulevard. Mr. Serrano
seconded. The motion failed in a Roll Call vote; 3 for the PSA (Roach, Barajas,
Maloney) and 4 against the PSA (Serrano, Alvarado, Martinez, Milne).
RECESS:
Mayor Martinez declared a 10 minute recess at 8:09 PM. The Council meeting
reconvened at 8:20 PM.
City Council Representation on Boards and Committees
Council and staff briefly discussed the proposed Council assignments for 2020-
2021.
MOTION: Mayor Pro Tem Barajas moved to approve Resolution No. 3936,
confirming Mayoral appointments of Councilmembers to various local and
regional boards and committees for years 2020-2021. Mr. Alvarado seconded.
Motion carried unanimously.
House Bill 1406 (MF# INFO 2020-001)
Mr. White provided a brief overview of the proposed intent to adopt legislation
for affordable and supportive housing as it relates to Substitute House Bill
1406.
Mayor Martinez confirmed that no additional taxes were created by this action.
MOTION: Mayor Pro Tem Barajas moved to approve Resolution 3937,
authorizing the City of Pasco, Washington declaring the intent to a dopt
legislation to authorize the use of a portion of the sales and use tax for
affordable and supportive housing in accordance with Substitute House Bill
1406 (Chapter 338, Laws of 2019), and other matters related thereto. Mr.
Alavado seconded. Motion carried unanimously.
Page 3 of 5 Page 7 of 67
REGULAR MEETING
MINUTES
PASCO CITY COUNCIL JANUARY 21, 2020
HUD Section 108 Loan Contract Closing Documents
Council and Mr. White discussed the projects associated with the proposed U.S.
Department of Housing and Urban Development's Section 108 Loan Guarantee
Program.
MOTION: Mayor Pro Tem Barajas moved to approve Resolution 3938,
authorizing the City Manager to execute loan contract documents required by
the United States Department of Housing and Urban Development for funding
from the Section 108 Loan Guarantee Program, and to take all other actions
necessary for the completion of the project. Ms. Roach seconded. Motion
carried unanimously
Water Rights Contract with Washington State Dept. of Ecology
MOTION: Mayor Pro Tem Barajas moved to approve Resolution No. 3939, of
the City of Pasco, Washington, authorizing the City Manager to sign the Water
Service Contract with Washington Department of Ecology for Pasco's
beneficial and permitted use of 5,000 Acre-Feet of water from the Lake
Roosevelt incremental storage release program. Ms. Roach seconded. Motion
carried unanimously.
UNFINISHED BUSINESS:
Mr. Alvarado recommended that public notices are provided to the residents
within and in the surrounding neighborhoods for land-use projects in the future.
Mr. Maloney agreed with Mr. Alvarado's recommendation and suggested that
perhaps the Inclusion, Diversity and Equity Commission could assist in
gathering and disseminating information to residents.
MISCELLANEOUS DISCUSSION:
Mayor Pro Tem Barajas announced the Pasco Police Department has 12
members participating in the 2020 Polar Plunge scheduled for Saturday,
January 25, 2020 and encouraged everyone to support them.
Mayor Martinez congratulated the Pasco Police Department for making
national news and Chief Roske for swearing in Eddie, a cancer-stricken dog, as
a K-9 Officer for the Day.
Ms. Roach expressed appreciation to the Pasco Hot Spotters and the work they
perform within the community.
EXECUTIVE SESSION:
Council adjourned to Executive Session at 8:33 PM for approximately 20
minutes to discuss litigation or potential litigation with legal counsel per RCW
42.30.110 (i)(1)(i) attended by the acting City Manager, City Attorney and
Administrative & Community Development Director.
Mayor Martinez called the meeting back to order at 8:50 PM.
Page 4 of 5 Page 8 of 67
REGULAR MEETING
MINUTES
PASCO CITY COUNCIL JANUARY 21, 2020
ADJOURNMENT:
There being no further business, the meeting was adjourned at 8:50 PM.
PASSED AND APPROVED this ____ day of __________, 2020.
APPROVED: ATTEST:
Saul Martinez, Mayor Debra Barham, City Clerk
Page 5 of 5 Page 9 of 67
WORKSHOP
MEETING
MINUTES
PASCO CITY COUNCIL JANUARY 27, 2020
CALL TO ORDER:
The meeting was called to order at 7:00 p.m. by Saul Martinez, Mayor.
ROLL CALL:
Councilmembers present: Ruben Alvarado, Blanche Barajas, Craig Maloney,
Saul Martinez, David Milne, Zahra Roach, and Pete Serrano.
Staff present: Dave Zabell, City Manager; Colleen Chapin, Human Resources
Director; Eric Ferguson, City Attorney; Bob Gear, Fire Chief; Ken Roske,
Police Chief; Richa Sigdel, Finance Director; Rick White, Community &
Economic Development Director; Steve Worley, Public Works Director; and
Debby Barham, City Clerk.
The meeting was opened with the Pledge of Allegiance.
VERBAL REPORTS FROM COUNCILMEMBERS:
Ms. Roach attended the recent Visit Tri-Cities meeting and noted the highlights
of the meeting.
Mr. Maloney traveled to Portland, OR over the past weekend by train and
commented about the Pasco Train & Bus Station.
Mr. Milne attended the recent TRIDEC meeting and commented on Executive
Director Carl Adrian's recent retirement and announced that Karl Dye was
recently hired as the new Executive Director.
Mayor Pro Tem Barajas met with a small delegation form Mexico along with
Mr. Zabell earlier in the day. Ms. Barajas also commented on the 2019
Employee Awards Banquet held on Friday, January 24, 2020.
Mayor Martinez also commented on TRIDEC Executive Director Carl Adrian's
recent retirement.
ITEMS FOR DISCUSSION:
PSD Update of the 2019 Capital Facility Plan
Mr. White provided a brief history of the Interlocal Agreement with the Pasco
School District (PSD) related to school impact fees, the PSD's 2019 Capital
Facilities Plan (CFP) and including the CFP into the City's Comprehensive
Plan.
Mr. White turned the discussion over to Denise Stiffarm, with Pacific Law
Group, who is representing the Pasco School District. Ms. Stiffarm provided an
overview of the purpose of the PSD's 2019 CFP.
Council, Ms. Stiffarm and Mr. White discussed the proposed updates to the
school impact fees, the PSC 2019 CFP and including it into Pasco's
Comprehensive Plan.
Mr. Zabell stated that the item will come back to Council for action at a
Council meeting.
Code Amendment: Planned Unit Developments (MF# CA2019-010)
Page 1 of 2 Page 10 of 67
WORKSHOP
MEETING
MINUTES
PASCO CITY COUNCIL JANUARY 27, 2020
Mr. Gonzalez provided a presentation to Council regarding the proposed
amendments to Chapter 25.140, Planned Unit Development (PUD) of the Pasco
Municipal Code (PMC).
Council and staff had a question and answer period regarding the proposed
PMC amendments to PUDs within Pasco.
Mayor Martinez recommended that this item come back to Council for action at
Council's business meeting.
MISCELLANEOUS COUNCIL DISCUSSION:
Mayor Martinez announced that Councilmembers Milne and Roach will be
traveling to Olympia, WA Tuesday, January 28 and Wednesday, January 29 for
Government Days representing the City Pasco.
Councilmember Maloney will also announced that he will be traveling to the
Washington State Capital later in the week for Government Days.
EXECUTIVE SESSION:
Council adjourned to Executive Session at 8:01 for approximately 10 minutes
to discuss litigation or potential litigation with legal counsel, per RCW
42.30.110 (i)(1)(i), attended by the City Manager and City Attorney. Mayor
Martinez called the meeting back to order at 8:13 PM.
ADJOURNMENT:
There being no further discussion, the workshop was adjourned at 8:13 PM.
PASSED AND APPROVED this ____ day of __________ 2020
APPROVED: ATTEST:
Saul Martinez, Mayor Debra Barham, City Clerk
Page 2 of 2 Page 11 of 67
AGENDA REPORT
FOR: City Council January 30, 2020
TO: Dave Zabell, City Manager Regular Meeting: 2/3/20
FROM: Richa Sigdel, Director
Finance
SUBJECT: Bills and Communications
I. REFERENCE(S):
Accounts Payable 02.03.2020
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve claims in the total amount of $3,058,971.00 ($1,883,005.46 in Check Nos.
233659-233899; $404,820.63 in Electronic Transfer Nos. 826992-827090, 827106-
827150, 827164-827293; $17,757.26 in Check Nos. 53166-53183; $753,387.65 in
Electronic Transfer Nos. 30143526-30144027).
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 12 of 67
REPORTING PERIOD:
February 3, 2020
Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined
Check Numbers 233659-233899 53166-53183
Total Check Amount $1,883,005.46 $17,757.26 Total Checks 1,900,762.72$
Electronic Transfer Numbers 826992-827090 30143526-30144027
827106-827150
827164-827293
Total EFT Amount $404,820.63 $753,387.65 $0.00 Total EFTs 1,158,208.28$
Grand Total 3,058,971.00$
Councilmember
506,216.89
120,150.01
0.00
0.00
7,640.00
6,685.56
180.39
34,698.66
469.58
9,741.40
20,644.07
393.24
504.83
0.00
0.00
0.00
663.00
14,583.37
0.00
780.27
0.00
HOTEL/MOTEL EXCISE TAX 12,086.70
0.00
964,867.29
295,169.25
8,834.26
0.00
12,741.30
0.00
0.00
0.00
1,041,920.93
GRAND TOTAL ALL FUNDS:3,058,971.00$
EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL
EQUIPMENT RENTAL - REPLACEMENT BUSINESS
MEDICAL/DENTAL INSURANCE
FLEX
PAYROLL CLEARING
STADIUM/CONVENTION CENTER
LID
GENERAL CAP PROJECT CONSTRUCTION
UTILITY, WATER/SEWER
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
EQUIPMENT RENTAL - OPERATING BUSINESS
SPECIAL ASSESSMENT LODGING
LITTER ABATEMENT
REVOLVING ABATEMENT
TRAC DEVELOPMENT & OPERATING
PARKS
ECONOMIC DEVELOPMENT
ATHLETIC PROGRAMS
GOLF COURSE
SENIOR CENTER OPERATING
MULTI-MODAL FACILITY
RIVERSHORE TRAIL & MARINA MAIN
C.D. BLOCK GRANT
HOME CONSORTIUM GRANT
MARTIN LUTHER KING COMMUNITY CENTER
AMBULANCE SERVICE
CEMETERY
Councilmember
SUMMARY OF CLAIMS BY FUND:
GENERAL FUND
STREET
ARTERIAL STREET
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
3rd day of February, 2020 that the merchandise or services hereinafter specified have been received and are approved for payment:
January 16 - 29, 2020
C I T Y O F P A S C O
Council Meeting of:
Accounts Payable Approved
The City Council
Page 13 of 67
AGENDA REPORT
FOR: City Council January 29, 2020
TO: Dave Zabell, City Manager Regular Meeting: 2/3/20
FROM: Richa Sigdel, Finance Director
Finance
SUBJECT: General Fund Monthly Report - December 2019
I. REFERENCE(S):
General Fund Report
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
N/A
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
Attached is a monthly financial update to Council on the General Fund, the City's
major fund.The administration provides quarterly reports to Council for other non-
major funds.
V. DISCUSSION:
Council approved a budget adjustment during the December 2, 2019, Council
Workshop. Budget adjustment approved during the meeting is included in the attached
report. The City also received $22,000,000 in bond proceeds.
There were no contracts over $100,000 and under $300,000 executed administratively
in the month of December.
As per Washington State laws, cities do not close out the year financially until January
31st the following year. Staff will present quarterly reports for other non-major funds
after the 2019 year-end closeout.
Page 14 of 67
$0$10,000$20,000$30,000$40,000$50,000$60,000$70,000$80,000$90,000JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DECThousands2019-2020 Cumulative General Fund Revenue & Expenditures2019 Cumulative Revenue2019 Cumulative Expenditures5-Yr Average Rev5-Yr Average ExpPage 15 of 67
Fund NameFund DescriptionReport MonthDecember, 2019Elapsed Time50%2017 Actual 2018 Actual2019-2020 Adjusted Budget*2019-2020 Actual2019-2020 ProjectedVariance% of Biennial BudgetCommentsRevenuesTaxesProperty 7,963,302 8,352,750 21,648,971 10,700,876 21,648,971 0 49%Sales 13,180,233 14,154,008 28,570,809 14,767,038 28,570,809 0 52%Public Safety 1,523,723 1,661,707 3,389,400 1,682,405 3,389,400 0 50%Utility 9,409,979 9,585,916 19,123,919 10,225,252 19,123,919 0 53%Other 1,252,023 1,299,862 2,397,750 1,275,595 2,397,750 0 53%Licenses & Permits 2,177,235 2,640,720 4,988,400 2,749,798 4,988,400 0 55%Intergovernmental 2,130,300 2,294,273 4,841,868 2,495,052 4,841,868 0 52%Charges Goods & Services 6,932,637 7,385,382 15,327,718 7,574,404 15,327,718 0 49%Fines & Forfeits 788,474 943,321 1,714,200 938,503 1,714,200 0 55%Miscellaneous 657,342 1,731,200 2,198,950 2,003,797 2,198,950 0 91% Revenue mostly includes property sales revenue that cannot be predicted for 2020.Debt & Transfer In 638,000 232,298 22,455,200 24,414,525 22,455,200 0 109% All debt proceed revenue received for the biennial period. Long Term investment on Chapel Hill LID, GESA Stadium and Animal Shelter transfer.Total Revenues 46,653,248 50,281,437 126,657,185 78,827,244 126,657,185 0 62%ExpendituresCity Council 111,918 124,533 260,540 119,058 260,540 0 46%Municipal Court 1,458,682 1,504,212 3,252,697 1,549,294 3,252,697 0 48%City Manager 1,709,640 1,635,045 3,806,136 1,443,695 3,806,136 0 38% Labor and non-labor items expected to be expended during 2020.Police 16,497,955 16,565,400 36,324,184 17,161,678 36,324,184 0 47%Fire 7,660,554 7,874,894 16,062,340 8,001,326 16,062,340 0 50%Administrative & Community Services 7,370,500 7,502,803 16,497,814 7,662,631 16,497,814 0 46%Community & Economic Development 1,748,053 1916402 3,878,345 2,057,033 3,878,345 0 53%Finance 2,196,310 2,270,459 5,231,873 2,694,616 5,231,873 0 52%Engineering 1,726,983 1,555,552 3,531,421 1,595,338 3,531,421 0 45%Library 1,445,550 1,375,894 2,905,818 1,415,923 2,905,818 0 49%Non-Departmental 2,025,292 2,795,354 4,371,905 2,142,428 4,371,905 0 49%Debt & Transfer Out 3,592,619 1,914,455 29,341,750 5,066,637 29,341,750 0 17% Timing of debt payments. Long Term investment on Chapel Hill LID, GESA Stadium and Animal Shelter transfer, as well as changes to schedules in capital budget. Total Expenditures 47,544,056 47,035,003 125,464,823 50,909,658 125,464,823 0 41%Status - LaborStatus - Non Labor*Budget includes Biennial budget adjustment approved by Council on December 2nd, 2019.General FundLargest fund within the City portfolio. Taxes are major revenue sources and Public Safety salaries and benefits are major expenses within this fund.City is expected to be on track for labor expenses.City is expected to be on track for non labor expenses.Page 16 of 67
AGENDA REPORT
FOR: City Council January 31, 2020
TO: Dave Zabell, City Manager Regular Meeting: 2/3/20
FROM: Steve Worley, Director
Public Works
SUBJECT: Public Hearing - NW Area Sewer LID Formation
I. REFERENCE(S):
Resolution No. 3932
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to continue the public hearing set in accordance with Resolution
No. 3932 to March 2, 2020, establishing the Northwest Area Sewer LID.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
Pursuant to Resolution No. 3932, declaring the City's intent to order improvements of
the Northwest Area Sewer and form Local Improvement District (LID) No. 151, staff
is recommending after the Public Hearing is opened that it be continued to the March
2, 2020 Council Meeting.
Upon approving Resolution No. 3932, notice letters were mailed to property owners on
January 7, 2020, informing them of the ordered improvements, preliminary
assessments, and details for attending the public hearing.
In response to the notice letters, several property owners contacted City staff with
questions relating to the current preliminary LID assessments. The consensus of
feedback from property owners revealed their desire to further understand the proposed
final sewer alignment, and possibly reassess the method for allocation of the LID costs.
The City's design Consultant for this project, RH2 Engineering, is currently working to
develop alignment and assessment alternatives. Staff will be conducting a workshop
with the property owners to provide an opportunity for them to hear information
developed by RH2 Engineering. This workshop will also allow a public outreach
platform to meet, coordinate, and answer questions with all parties involved, prior to a
Page 17 of 67
public hearing. The workshop is scheduled for February 4, 2020, at 11:00 am, located
at the City of Pasco Police Department (PD) Community Room.
In efforts to gain the support of property owners, and allow further public outreach to
take place, staff is asking that the Public Hearing be continued on March 2, 2020.
V. DISCUSSION:
This item was discussed at the January 6, 2020 Council regular meeting at which time
Council adopted Resolution No. 3932 setting the date and time for the public hearing.
Delay of the hearing is not critical to the project timeline and will allow for additional
communication and dialogue with prospective LID participants. Staff recommends
approval of a motion by City Council to open, then continue the Public Hearing to
March 2, 2020.
Page 18 of 67
CITY OF PASCO, WASHINGTON
RESOLUTION NO. 3932
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, RELATING TO PUBLIC IMPROVEMENTS; DECLARING
ITS INTENTION TO ORDER THE IMPROVEMENTS OF THE NORTHWEST
AREA SANITARY TRUNK SEWER (FROM HARRIS ROAD TO ONE-
QUARTER MILE NORTH OF BURNS ROAD) AND TO CREATE A LOCAL
IMPROVEMENT DISTRICT TO ASSESS THE COST AND EXPENSE OF
CARRYING OUT THOSE IMPROVEMENTS AGAINST THE PROPERTY
SPECIALLY BENEFITTED THEREBY; NOTIFYING ALL PERSONS WHO
DESIRE TO OBJECT TO THE IMPROVEMENTS TO APPEAR AND
PRESENT THEIR OBJECTIONS AT A HEARING BEFORE THE CITY
COUNCIL TO BE HELD ON FEBRUARY 3, 2020; AND PROVIDING FOR
OTHER PROPERLY RELATED MATTERS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, as follows:
Section 1. It is the intention of the City Council of the City of Pasco, Washington, to order
the improvement of the property within the area described in Exhibit A, by the construction of the
Northwest Area Trunk Sewer (from Harris Road to one-quarter mile north of Burns Road). The
improvements consist of full sanitary sewer construction, including site grading, manholes, and
sewer pipe, (collectively, the "Improvements"). The referenced Exhibit A is attached hereto and
by this reference made a part hereof.
All of the foregoing Improvements shall be in accordance with the plans and specifications
prepared by the Public Works Director of the City and may be modified by the City as long as that
modification does not affect the purpose of the improvements.
Section 2. The total estimated cost and expense of the Improvements is declared to be
6,879,989, of which an estimated $5,910,000 shall be borne by and assessed against the property
specially benefited by the Improvements to be included in a local improvement district to be
established and embracing as nearly as practicable all the property specially benefited by the
Improvements. Actual assessments may vary from estimated assessments as long as they do not
exceed a figure equal to the increased true and fair value the Improvements add to the property.
Section 3. The City Clerk is authorized and directed to give notice of the adoption of this
resolution and of the date, time and place fixed herein for the public hearing to each owner or
reputed owner of any lot, tract, parcel of land or other property within the proposed local
improvement district by mailing such notice at least fifteen days before the date fixed for public
hearing to the owner or reputed owner of the property as shown on the rolls of the Franklin County
Assessor at the address shown thereon, as required by law.
Resolution - I
Page 19 of 67
This resolution also shall be published in its entirety in at least two consecutive issues of
the official newspaper of the City, the date of the first publication to be at least 15 days prior to
the date fixed herein for the public hearing.
Section 4. All persons who may desire to object to the Improvements are notified to appear
and present those objections at a hearing before the City Council to be held in the Council
Chambers in the City Hall, 525 N. Yd Avenue, Pasco, Washington, at 7:00 p.m. on February 3,
2020, which time and place are fixed for hearing all matters relating to the Improvements and all
objections thereto and for determining the method of payment for the Improvements. All persons
who object thereto should appear and present their objections at that hearing. Any person who may
desire to file a written protest with the City Council may do so within 30 days after the date of
passage of the ordinance ordering the Improvements in the event the local improvement district is
formed. The written protest should be signed by the property owner and should include the legal
description of the property for which the protest is filed and that protest should be delivered to the
City Clerk.
The Public Works Director is directed to submit to the City Council on or prior to February
3, 2020, all data and information required by law to be submitted.
The foregoing resolution was ADOPTED by the City Council of the City of Pasco,
Washington, at a regular open public meeting thereof this 6"' day of January, 2020.
Mayor
ATTEST: APPROVED AS TO FORM:
Debra Barham, CMC rgu
Fy
sonLaw, PLLC
City Clerk Attorney
Resolution - 2
Page 20 of 67
CERTIFICATION
I, the undersigned, City Clerk of the City of Pasco, Washington (the "City"), hereby certify as
follows:
1. The attached copy of Resolution No. 3932, (the "Resolution") is a full, true and correct
copy of a resolution duly adopted at a regular meeting of the City Council of the City held at the
regular meeting place thereof on January 6, 2020, as that resolution appears on the minute book of
the City; and the Resolution will be in full force and effect immediately following its adoption;
and
2. A quorum of the members of the City Council was present throughout the meeting and a
majority of the members voted in the proper manner for the adoption of the Resolution.
IN WITNESS WHEREOF, I have hereunto set my hand this 6th day of January, 2020.
CITY OF PASCO, WASHINGTON
Debra Barham, City Clerk
Resolution - 3
Page 21 of 67
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AGENDA REPORT
FOR: City Council January 29, 2020
TO: Dave Zabell, City Manager
Rick White, Director; C&ED
Regular Meeting: 2/3/20
FROM: Jeff Adams, Associate Planner
Community & Economic Development
SUBJECT: Q* Henne Rezone (Z 2019-013)
I. REFERENCE(S):
Proposed Ordinance
Report to Hearing Examiner Dated: 01/08/2020
Hearing Examiner Recommendation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. _____, rezoning a parcel located at 1405
Road 38 from C-1 to R-S-12, and further, authorize publication by summary only.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
On January 8, 2020, the Hearing Examiner held a public hearing to consider a request
to rezone a parcel comprising approximately 0.30 acres located at 1405 Road 38
(Parcel # 119 491 051) from C-1 (Retail Business) to R-S-12 (Suburban).
The site was annexed into the City in 1985 (Ordinance No. 2535), and assigned C-1
zoning (Ordinance No. 2540) in conjunction with that annexation.
That zoning assignment created a legal nonconforming use on the applicant’s property.
Rezoning the property to RS-12 (Suburban) would bring the existing residential unit
into compliance with the zoning code, and would thus allow potential buyers to secure
a loan from lending institutions.
Following the conduct of the public hearing, the Hearing Examiner recommended
Page 23 of 67
approval of the applicant's request for a rezone from C-1 (Retail Business) to R-S-12
(Suburban).
The Examiner also recommended adjustment of the City's Comprehensive Plan land
use designation for the property - which can occur during the present Comprehensive
Plan update cycle.
V. DISCUSSION:
The site has been developed with a single-family dwelling unit since 1930. As such,
the use would not change from what had been on-site for nearly 90 years.
Page 24 of 67
Ordinance – Henne Rezone - 1 of 2
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
Attn: City Clerk
525 North 3rd Avenue
Pasco, WA 99301
____________________________________________________________________________
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON
REZONING A PARCEL LOCATED AT 1405 ROAD 38 (APN #119 491 051),
FROM C-1 to R-S-12.
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 Hearing Examiner 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 intent of 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 Hearing
Examiner 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 C-1 (Retail
Business) to R-S-12 (Suburban) for the real property as shown in the Exhibit “1” attached hereto
and described as follows:
The North 83’ of the South 423.88’ of the Northeast ¼ of the Northeast ¼ of the
Northeast ¼ of Section 26, Township 9 North Range 29 East (Parcel # 119 491
051)
Page 25 of 67
Ordinance – Henne Rezone - 2 of 2
Section 2. This Ordinance shall take full force and effect five (5) days after approval,
passage and publication as required by law.
PASSED by the City Council of the City of Pasco, this ______ day of February, 2020.
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Published _____________________
Page 26 of 67
Page 27 of 67
PUBLIC HEARING
City Hall – 525 North Third Avenue – Council Chambers
DATE: WEDNESDAY, January 8, 2020
6:00 PM
1
MASTER FILE #: Z 2019‐013
APPLICANT: Dana Henne
4620 West Octave Street
Pasco WA 99301
REQUEST: REZONE: Rezone a parcel on 1405 ROAD 38 from C‐1 (Retail
Business) to R‐S‐12 (Suburban).
BACKGROUND
1. PROPERTY DESCRIPTION:
Legal: The North 83’ of the South 423.88’ of the Northeast ¼ of the Northeast ¼ of the Northeast
¼ of Section 26, Township 9 North Range 29 East (Parcel # 119 491 051).
General Location: 1405 ROAD 38, Pasco WA 99301.
Property Size: Approximately 0.3 Acres (12,699.00 Square feet).
2. ACCESS: The parcel has access from ROAD 38.
3. UTILITIES: Water and sewer service are both available from Road 38.
4. LAND USE AND ZONING: The lot is zoned R‐2 (Medium Density Residential) and is vacant.
Surrounding properties are zoned and developed as follows:
NORTH: C‐1 Duplex
EAST: C‐1 Commercial
SOUTH: R‐S‐12 SFDUs
WEST: C‐1 Commercial
5. Comprehensive Plan: The Comprehensive Plan Land Use designation for the property is
Commercial. Under the current Comprehensive Plan “Commercial” land use designation the
property may be zoned "O," BP, C‐1, C‐2, C‐3, or CR. The Commercial designation is described as
including “Neighborhood, community and regional shopping and specialty centers, business
parks, service and office uses.”
Comprehensive Plan Land Use goals and policies include the following:
Goal LU‐1: Take deliberate, consistent, and continuous actions to improve the community’s
quality of life and achieve the vision.
Policy LU‐1‐C: Encourage cluster commercial development and discourage strip
commercial development.
Goal Lu‐4: Encourage high quality community and regional shopping facilities and commercial and
industrial development.
Page 28 of 67
2
Policy LU‐4‐A: Locate commercial facilities at major street intersections to avoid
commercial sprawl and avoid disruptions of residential neighborhoods, and leverage
major infrastructure availability.
Policy LU‐4‐B: Plan for major commercial centers which promote functional and
economical marketing and operations and produce sustainable clusters of shopping and
services.
Similarly, Comprehensive Plan Economic Development goals and policies include the following:
Goal Ed‐2: assure appropriate location and design of commercial and industrial facilities.
The adjacent land use designation is Low‐Density Residential. Under the current Comprehensive
Plan Land Use designations of Low‐Density Residential the property may be zoned R‐S‐20, R‐S‐12,
R‐S‐1, R‐1, or R‐1‐A. The Low‐Density Residential designation includes “Residential development
at a density of 2 to 5 dwelling units per acre.” Policy H‐1‐E encourages the advancement of home
ownership. Goal LU‐2 encourages the maintenance of established neighborhoods and the
creation of new neighborhoods that are safe and enjoyable places to live.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based
on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and
other information, a threshold determination resulting in a Determination of Non‐Significance
(DNS) was issued for this project on December 12, 2019 under WAC 197‐11‐158.
ANALYSIS
Request
Applicant is seeking to rezone the parcel located at 1405 ROAD 38 from C‐1 (Retail Business) to R‐S‐12
(Suburban).
Property Details
The lot is approximately 0.3 Acres (12,699.00 Square feet), and contains one single‐family dwelling unit
built in 1930. Surrounding properties to the north, east, and west are zoned C‐1; the property to the south
is zoned R‐S‐12. The site was annexed into the City in 1985 (referred to in City Council Minutes as the
“Kidwell Annexation;” Ordinance 2535), and the site was assigned C‐1 zoning (ordinance 2540) in
conjunction with that annexation.
The Zoning Determination created a legal nonconforming use in Applicant’s property and the duplex
adjacent to the north. Pasco Municipal Code (PMC) 25.170.050(2) states:
“No building damaged by fire or other causes to the extent of more than 50 percent of
the assessed value of the structure as determined by the records of the Franklin County
Assessor shall be repaired or rebuilt, except multifamily units previously authorized by
building permit . . . .”
The Comprehensive Plan designates the property “Commercial,” which allows for "O," BP, C‐1, C‐2, C‐3,
or CR zoning. The Commercial designation is described as including “Neighborhood, community and
regional shopping and specialty centers, business parks, service and office uses.” However the south
property line borders the Low‐Density Land Use Designation. Under the current Comprehensive Plan Land
Use designations of Low‐Density Residential the property may be zoned R‐S‐20, R‐S‐12, R‐S‐1, R‐1, or R‐1‐
Page 29 of 67
3
A. The Low‐Density Residential designation includes “Residential development at a density of 2 to 5
dwelling units per acre.”
Also according to PMC 25.85.040 a building in a C‐1 zoning district originally constructed for residential
purposes “may be utilized as a dwelling unit without a special permit; provided the structure does not
have to be reconstructed, altered or converted from an office/commercial use such that the cost of the
alteration exceeds 25 percent of the assessed value of the structure at the time of the alteration.”
The structure has been used as a single‐family dwelling unit since its construction in 1930.
History
In October of 2019 Applicant was in process of selling her home when she discovered that her residential
property was zoned C‐1. Her sale fell through because banks are unwilling to loan against the home, due
to the provisions of PMC) 25.170.050(2) noted above.
Rezoning the property to RS‐12 (Suburban) would bring the existing residential unit into compliance with
the zoning code, and would thus allow potential buyers to secure a loan from lending institutions.
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 site was annexed into the City in 1985 (referred to in City Council Minutes as the “Kidwell Annexation;”
Ordinance 2535), and zoning was assigned as part of that annexation (ordinance 2540); the current zoning
classification has been in place since its annexation.
2. The changed conditions, which are alleged to warrant other or additional zoning:
Applicant has attempted to sell the property; lending institutions will not loan against it due to Pasco
Municipal Code (PMC) 25.170.050(2) which states that no building damaged by fire or other causes to the
extent of more than 50 percent of the assessed value of the structure as determined by the records of the
Franklin County Assessor shall be repaired or rebuilt . . . .”
As well, the City is revising its Urban Growth Area (UGA) as part of the Comprehensive Plan Update. The
UGA update will likely be smaller than current projections for low‐density residential growth as developed
in the past would allow; as such, residential lots are needed within the current UGA.
3. Facts to justify the change on the basis of advancing the public health, safety and general welfare:
The Comprehensive Plan designates the property ”Commercial,” which allows for "O," BP, C‐1, C‐2, C‐3, or
CR zoning. The Commercial designation is described as including “Neighborhood, community and regional
shopping and specialty centers, business parks, service and office uses.” However the south property line
borders the Low‐Density Land Use Designation. Under the current Comprehensive Plan Land Use
designations of Low‐Density Residential the property may be zoned R‐S‐20, R‐S‐12, R‐S‐1, R‐1, or R‐1‐A.
The Low‐Density Residential designation includes “Residential development at a density of 2 to 5 dwelling
units per acre.”
4. The effect it will have on the value and character of the adjacent property and the Comprehensive
Plan:
Page 30 of 67
4
The general character of the neighborhood is commercial to the east and west and residential to the north
and south. The site has been developed with a single‐family dwelling unit since 1930. As such, the use
would not change from what had been on‐site for nearly 90 years. It would also continue to align with
residential uses on either side along Road 40.
5. The effect on the property owner or owners if the request is not granted:
If the property is not rezoned to R‐S‐12 the Applicant will not be able to sell the property through local
lending institutions and would be limited to cash buyers only.
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 hearing Examiner may add additional findings to
this listing as the result of factual testimony and evidence submitted during the open record hearing.
1. Public notice of this hearing was sent to property owners within 300 feet of the property on
December 20, 2019, and posted in the Tri‐City Herald on November 15, 2019.
2. Applicants home sale fell through because banks were unwilling to loan against the home,
3. Banks will not lend on a house in a C‐1 zoning district due to the provisions of Pasco Municipal
Code (PMC) 25.170.050(2)
4. PMC 25.170.050(2) states: “No building damaged by fire or other causes to the extent of more
than 50 percent of the assessed value of the structure as determined by the records of the
Franklin County Assessor shall be repaired or rebuilt, except multifamily units previously
authorized by building permit . . . .”
5. Applicant is seeking to rezone the parcel located at 1405 ROAD 38 from C‐1 (Retail Business) to
R‐S‐12 (Suburban).
6. The site contains 0.3 Acres (12,699.00 Square feet).
7. The site was annexed into the City in 1985 (Ordinance 2535
8. The site was assigned C‐1 Zoning as part of the 1985 annexation (ordinance 2540).
9. The annexation hearing had been duly published in local newspaper, as required by law.
10. The annexation had been posted on three (3) places upon the property, as required by law.
11. According to the City Council Minutes of February 4, 1985 “There were no written
communications.”
12. Staff is not aware of the 1985 requirement to directly notify the owners/residents of an
annexation area.
13. Applicant has stated that she has no recollection of the annexation/rezone
14. Applicant has stated that she has no recollection of any attempts to notify her of either the
annexation or the zoning determination,
15. Applicant has stated that she purchased the land from Mr. Kidwell.
16. The site and surrounding properties are currently zoned C‐1 to the north, East, and West; RS‐12
to the south.
17. The site is developed with a single‐family dwelling unit,
18. The SFDU on site was built in 1930.
19. The Comprehensive Plan designates the property ”Commercial”
20. The Commercial designation allows for "O," BP, C‐1, C‐2, C‐3, or CR zoning.
21. The Commercial designation is described as including “Neighborhood, community and regional
shopping and specialty centers, business parks, service and office uses.”
22. The south property line borders the Low‐Density Land Use Designation.
Page 31 of 67
5
23. Low‐Density Residential allows for RS‐20, RS‐12, RS‐1, R‐1, or R‐1‐A zoning.
24. The Low‐Density Residential designation includes “Residential development at a density of 2 to
5 dwelling units per acre.”
25. 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
a. when or where sewer is available;
b. the location is suitable for home sites; and
c. there is a market demand for new home sites.
26. The Commercial designation would put the existing residential unit into compliance with the
zoning code.
27. The Commercial designation would allow buyers to secure a loan from lending institutions.
TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT
Before recommending approval or denial of a rezone, the hearing Examiner must develop findings of fact
from which to draw its conclusions based upon the criteria listed in PMC 25.210.060. The criteria are as
follows:
1. The proposal is in accordance with the goals and policies of the Comprehensive Plan.
The proposal is not in accordance with the Comprehensive plan; The Comprehensive Plan designates the
property ”Commercial,” which allows for "O," BP, C‐1, C‐2, C‐3, or CR zoning. The Commercial designation
is described as including “Neighborhood, community and regional shopping and specialty centers, business
parks, service and office uses.”
However the south property line borders the Low‐Density Land Use Designation. Under the current
Comprehensive Plan Land Use designations of Low‐Density Residential the property may be zoned R‐S‐20,
R‐S‐12, R‐S‐1, R‐1, or R‐1‐A. The Low‐Density Residential designation includes “Residential development at
a density of 2 to 5 dwelling units per acre.”
Demand for residential units exceeds that for commercial in the City. As well, uses to the north and south
are both residential.
2. The effect of the proposal on the immediate vicinity will not be materially detrimental.
The existing structure has been in place for nearly 90 years, and has not been a detriment to the area. the
structure is flanked on both sides by residential uses. Rezoning the property to RS‐12 would simply bring
it into zoning conformance.
3. There is merit and value in the proposal for the community as a whole.
The proposed rezone comprises one lot situated on the border of two Comprehensive Plan Land Use
designations. As such, the zoning could go either way.
4. Conditions should be imposed in order to mitigate any significant adverse impacts from the
proposal.
The proposal is for an existing use, which is currently nonconforming; the rezone would bring it into
conformity with the zoning ordinance of the City; as such, no special conditions would be required.
5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so,
the terms and conditions of such an agreement.
A concomitant agreement would not be required in this circumstance.
Page 32 of 67
6
RECOMMENDATION
Staff recommends based on the Findings of Fact and Conclusions that The parcel described as the North
83’ of the South 423.88’ of the Northeast ¼ of the Northeast ¼ of the Northeast ¼ of Section 26, Township
9 North Range 29 East (1405 ROAD 38; Parcel # 119 491 051), be rezoned from C‐1 to RS‐12.
Page 33 of 67
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Looking North
Page 43 of 67
Looking East
Page 44 of 67
Looking South
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Page 46 of 67
City of Pasco Hearing Examiner Page 1 of 3
Recommendation, Henne Rezone Z 2019-013
CITY OF PASCO HEARING EXAMINER
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND RECOMMENDATION
Henne Rezone Z 2019-013
January 21, 2020
_______________________________________________
1. FINDINGS OF FACT
1.1 Proposal. Rezone .3 acres (12,699 square feet) from C-1 (Retail Business) to R-
S-12 (Suburban).
1.2 Applicant/Property Owner and Location.
Applicant/Property Owner: Dana Henne, 4620 West Octave Street, Pasco, WA 99301
Location: 1405 Road 38, Pasco, WA 99301
Legal Description: The North 83' of the South 423.88' of the NE 1/4 of the NE 1/4 of
the NE 1/4 of Section 26, Township 9 North Range 29 East. Parcel No. 119 491 051.
1.3 Site Use. The site has housed a single family residence since 1930.
1.4 Background, Land Use Designation. The Comprehensive Plan designates the
site Commercial, with C-1 zoning. While the use abuts commercial areas, it also abuts a
residential area, and for ninety years, has been developed with a single family home.
The C-1 zoning, applied in 1985 with an annexation, created a legal, non-conforming use.
If more than half the residence were damaged, it could not be rebuilt.1 The zoning only allows
an existing residence by special permit, while R-S-12 allows the use outright. In October 2019,
the property owner was selling her home and only then discovered the C-1 zoning, which caused
the sale to fall through as banks were unwilling to loan against the home due to its legal non-
conforming use status.
1.5 Surrounding Land Uses.
North: C-1 Duplex
East: C-1 Commercial
South: R-S-12 Single Family Residences
West: C-1 Commercial
A rezone to R-S-12 would allow for residential development consistent with development
to the south. To be consistent with Comprehensive Plan mapping, the Commercial Plan
designation would need to be changed to Low Density Residential, which provides for 2-5 units
per acre, and is implemented through R-S-20, R-S-12, R-S-1, R-1, or R-1-A zoning.2
1 PMC 25.170.050(2).
2 Comprehensive Plan, Vol. II, pg. 17.
Page 47 of 67
City of Pasco Hearing Examiner Page 2 of 3
Recommendation, Henne Rezone Z 2019-013
1.6 Evidence Reviewed. The Examiner reviewed the Staff Report, which attached
zoning and plan designation maps, aerial photographs of the site and area, mapping showing
surrounding uses, and Applicant comment. The Examiner conducted a site visit before the
hearing.
1.7 SEPA (State Environmental Policy Act, Ch. 43.21C RCW). The City of Pasco
issued a Determination of Non-Significance. It was not appealed. SEPA review is complete.
1.8 Hearing. A properly noticed hearing was held January 8, 2020.3 The
Community Development Department identified key points from the Staff Report. The
Applicant further commented on the urgent nature of the proceeding, and how a sale had fallen
through due to bank concerns over the zoning. The comment was consistent with materials
submitted with the Staff report. A neighbor who had resided in the area for 40 years, also spoke
in favor, emphasizing proposal's greater consistency with the surrounding neighborhood than the
present commercial zoning.
1.9 Public Comment/Written. None.
1.10 Urban Services. With Road 38 access, service from necessary utilities, and
nearby urban services, the home has adequate infrastructure to support it.
1.11 Rezone Considerations. A rezone to R-S-12 will consistently implement the
Comprehensive Plan (assuming the Plan designation is updated to Low Density Residential), and
is in accord with Plan goals and policies. The existing residence fits in with surrounding
development, and the rezone is consistent with the area's character. The home was constructed
in 1930. The site should probably have maintained residential zoning designation with
annexation, but possibly through inadvertence, the site was zoned for commercial use. The
zoning with the better fit, given both the present use and surrounding area, is R-S-12. The
rezone has no material detriment on property in the immediate vicinity, and has community merit
and value. The Staff Report provides further detail, and is incorporated.
2. CONCLUSIONS
The Examiner issues a rezone recommendation based on whether:
(a) The proposal is in accord with the goals and policies of the Comprehensive
Plan;
(b) The effect of the proposal on the immediate vicinity will be materially
detrimental;
(c) There is merit and value in the proposal for the community as a whole;
(d) Conditions should be imposed in order to mitigate any significant adverse
impacts from the proposal;
3 Public notice was mailed to nearby property owners and published in the Tri-City Herald. PMC 25.210.040.
Page 48 of 67
( e)A concomitant agreement should be entered into between the City and the
petitioner, and if so, the terms and conditions of such an agreement.4
As the Findings detail, including at ,r 1.11, a rezone to R-S-12 addresses these criteria and
a concomitant agreement and further mitigation is unnecessary. The proposed zoning is
consistent with the zoning to the south, and with Plan policies. Once the Plan map designation is
updated, it will also be consistent with the Comprehensive Plan land use map.
RECOMMENDATION
The Hearing Examiner recommends approval of the rezone from Cl (Retail Business) to
R-S-12 (Suburban). In addition, the site's Comprehensive Plan designation should be updated
from Commercial to Low Density Residential.
City of Pasco Heari g Examiner
Susan Elizabeth Drummond
4 PMC 25.210.060; PMC 2.50.080; Staff Report, p. 5.
City of Pasco Hearing Examiner
Recommendation, Henne Rezone Z 2019-013
Page 3 of3
Page 49 of 67
Ordinance – Henne Rezone - 1 of 2
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
Attn: City Clerk
525 North 3rd Avenue
Pasco, WA 99301
____________________________________________________________________________
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON
REZONING A PARCEL LOCATED AT 1405 ROAD 38 (APN #119 491 051),
FROM C-1 to R-S-12.
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 Hearing
Examiner 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 intent of 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 Hearing
Examiner 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 C-1
(Retail Business) to R-S-12 (Suburban). for the real property as shown in the Exhibit “1”
attached hereto and described as follows:
The North 83’ of the South 423.88’ of the Northeast ¼ of the Northeast ¼ of the
Northeast ¼ of Section 26, Township 9 North Range 29 East (Parcel # 119 491
051)
Page 50 of 67
Ordinance – Henne Rezone - 2 of 2
Section 2. This Ordinance shall take full force and effect five (5) days after approval,
passage and publication as required by law.
PASSED by the City Council of the City of Pasco, this ______ day of February, 2020.
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Published _____________________
Page 51 of 67
AGENDA REPORT
FOR: City Council January 29, 2020
TO: Dave Zabell, City Manager
Rick White, Director
Community & Economic Development
Regular Meeting: 2/3/20
FROM: Jacob Gonzalez, Senior Planner
Community & Economic Development
SUBJECT: Code Amendment: Planned Unit Developments (MF# CA2019-010)
I. REFERENCE(S):
Proposed Ordinance
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. _____, amending PMC Chapter 25.140,
Planned Unit Development and further, authorize publication by summary only.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A Planned Unit Development (PUD) is both a type of development and a regulatory
process. The Pasco Municipal Code (PMC) identifies PUDs in Chapter 25.140 and
provides opportunities for creativity and flexibility for land development within the
City. PUDs can include a variety of housing types and are often maintained by a
homeowner’s association. In addition to the housing types, a benefit of PUDs is that
they provide additional community amenities such as open space, parks and gathering
spaces for the homeowners within the development.
An effort to amend the PUD ordinance began in 2017 with revisions to the open space
criteria. In 2019, staff identified additional revisions that included a reduction to the
minimum site area, minimum density requirements, parking and the use of private
streets. This item was discussed with the Planning Commission in July and October of
2019. A public hearing was held in November, and the Planning Commission voted
unanimously for recommendation of approval to the City Council in December 2019.
Page 52 of 67
V. DISCUSSION:
A staff presentation at the January 27, 2020 City Council Workshop Meeting was held
and provided Council with a series of proposed revisions to Chapter 25.140 of the PMC.
Revisions were proposed to the following:
• Minimum Site Area
• Minimum Density
• Bonus Density
• Open Space and Amenities
• Guest Parking
• Transportation
Staff have provided a table below identifying the primary revisions to the PUD
Ordinance reflecting Council feedback.
Land Use Minimum Site
Area Minimum Density Density
Bonus
Maximum
Density
Low Density Residential 2 Acres 5 du/acre 20% 7 du/acre
Mixed/Medium Residential None 12 du/acre 20% 24 du/acre
High Density Residential None 21 du/acre 20% 35 du/acre
Mixed Residential/Commercial None 17 du/acre 20% 35 du/acre
Two revisions were made to the development standards regarding density. The Low
Density Residential Land Use now has a minimum density of five (5) dwelling units per
acre, a slight reduction from six (6). The reduction ensures that the Planned Unit
Development will remain a flexible opportunity for housing in the low density areas.
Maximum Densities have been applied for all land use classifications. The maximum
density the in permitted maximum density multiplying by identified was the
Comprehensive Plan with the bonus density.
Applicants tfollow would using the in interested PUD procedures established he
identified in PMC 25.140.090, which states that the proposed PUD will be heard by the
City of Pasco Hearing Examiner who will forward a recommendation to Council for a
final decision. After Council approval, the PUD shall constitute a change of zoning of the
subject property resulting in a new planned unit development zone established by
ordinance.
In addition to the revisions to the code itself, staff will conduct outreach efforts to the
community to promote and share recent updates to our zoning and development
standards. This effort will include information (specifically developed information flyers)
available at City Hall at the customer service counters, information summaries online via
social media and the City website and in-person presentations to applicable organizations.
Page 53 of 67
Ordinance – PMC 25.140 - 1
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON
AMENDING CHAPTER 25.140 “PLANNED UNIT DEVELOPMENT”
WHEREAS, pursuant to PMC 21.05.020, the City has identified that regulating the
division of land within the Pasco Urban Growth Area to promote the health, safety, convenience,
comfort, prosperity and general welfare of the present and future inhabitants of the Pasco Urban
Growth Area; and
WHEREAS, Title 25 “Zoning” of the Pasco Municipal Code states that the City must
encourage and facilitate the orderly growth and development of the Pasco Urban Area; and
WHEREAS, the purpose of a Planned Unit Development is to provide opportunities for
innovation, creativity and flexibility in land development within the City; and
WHEREAS, the Planned Unit Development is intended to encourage the use of new
techniques and technology resulting in a more creative approach to development of land that will
realize economies of scale and permit flexibility that provides for aesthetic diversification of site
layout and spatial arrangements as identified in PMC 25.140.010; and
WHEREAS, the regulations of the Planned Unit Development were last updated in April,
1999 through Ordinance No 3354; and
WHEREAS, the population of Pasco has increased by 133% from the year 2000 through
2018; and
WHEREAS, the Washington State Office of Financial Management (OFM) population
estimates expect a 63% increase to a total of 121,828 in Pasco by the year 2038; and
WHEREAS, the minimum site area requirement of ten acres has been a limiting factor in
the application of a planned unit development in Pasco; and
WHEREAS, the minimum density requirement will ensure that a proposed Planned Unit
Development will meet the intent of the Land Use Classifications identified in the Comprehensive
Plan; and
WHEREAS, the Bonus Criteria for Density and Open Space for a Planned Unit
Development is now established; and
WHEREAS, the use of private streets is now clearly defined with approved standards as
provided by the City of Pasco Public Works Department; and
WHEREAS, Policy LU-3-B of the City’s Comprehensive Plan identified the
encouragement of infill and density development to protect open space and critical areas, and to
accommodate population increases and provide support for more walkable neighborhood; and
Page 54 of 67
Ordinance – PMC 25.140 - 2
WHEREAS, Goal H-2 of the City Comprehensive Plan states that Pasco strive to maintain
a variety of housing consistent with the local and regional market; and
WHEREAS, City Council Goals from 2018-2019 include growth management strategies
of infill and consideration of affordable housing needs. NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
Section 1. That Chapter 25.140 of the Pasco Municipal Code shall be amended and shall
read as follows.
Chapter 25.140 PLANNED UNIT DEVELOPMENT
Sections:
25.140.010 - Purpose.
25.140.020 - Permitted uses.
25.140.030 - Minimum site area.
25.140.040 - Relationship to adjacent areas.
25.140.050 - Phased development.
25.140.060 - Combined preliminary and final PUD.
25.140.070 - Concurrent platting.
25.140.080 - Design standards and requirements.
25.140.090 - Procedure for approval of planned unit developments.
25.140.100 - Effective preliminary planned unit development approval.
25.140.110 - Preliminary PUD approval expiration.
25.140.120 - Final PUD application.
25.140.130 - Expiration of time limits.
25.140.140 - Changes and modifications.
25.140.150 - Building permits.
25.140.010 - Purpose.
The purpose of this chapter is to provide opportunities for innovation, creativity and flexibility in
land development within the City. It is intended to encourage the use of new techniques and
technology resulting in a more creative approach to development of land that will realize
economies of scale and permit flexibility that provides for aesthetic diversification of site layout
and spatial arrangements between geographic features, structures, circulation patterns, utilities and
open space. It is intended to encourage the development of efficient, high quality development
through flexibility in building controls, including density, lot sizes, setbacks and heights, The result
must preserve and enhance the public health, safety, welfare and access of the community and
must be consistent with the Comprehensive Plan.
Furthermore, it is the purpose of this chapter to:
Page 55 of 67
Ordinance – PMC 25.140 - 3
(1) Encourage development that enhances the quality of life while protecting the health,
safety, welfare and access and welfare of residents;
(2) Encourage variety in housing opportunities Increase housing supply and the choice of
housing styles available in the community;
(3) Preserve to the greatest extent possible the existing land forms and natural vegetation
and minimize adverse effect on sensitive environmental areas;
(4) Encourage the development of a viable economic basePromote high-quality design and
aesthetics;
(54) Encourage development of land uses that will be compatible with and complement
existing or proposed adjacent land uses; andLessen development impacts on adjacent areas
through site design and necessary mitigation measures; and
(65) Provide guidelines for development of planned unit developments. [Ord. 3354 § 2,
1999; Code 1970 § 25.62.010.]
25.150.020 – Permitted uses.
The planned unit development district may be approved for any use or combination of uses
permitted by this title except combinations of residential and industrial uses. Uses permitted in any
specific PUD district shall be enumerated in the ordinance establishing such a district. [Ord. 3354
§ 2, 1999; Code 1970 § 25.62.020.]
25.140.030 - Minimum site area.
The minimum site area for a Planned Unit Development within a proposed development
application, including the area of public and/or private streets, shall be as follows:
Comprehensive Plan Land Use Classification Minimum Site Area (Acres)
Low Density Residential 2
Mixed / Medium Residential None
High-Density Residential None
Mixed Residential / Commercial None
The minimum site area for a PUD is 10 acres. [Ord. 3354 § 2, 1999; Code 1970 § 25.62.030.]
25.140.040 - Relationship to adjacent areas.
The design and layout of a PUD shall take into account the relationship of the site to the
surrounding areas.
(1) The street system of a proposed Planned Unit Development shall be designed to
connect with existing, proposed, and planned streets outside of the proposed site;
(2) Planned streets shall connect with surrounding streets to permit the convenient
movement of vehicles and to facilitate emergency access and evacuation; and
Page 56 of 67
Ordinance – PMC 25.140 - 4
(3) The perimeter of the PUD shall be so designed as to minimize any adverse impact on
adjacent properties.
The perimeter of the PUD shall be so designed as to minimize any undesirable impact on
adjacent properties; and
(2) Setbacks from the property line of a PUD shall be comparable to those of the existing
development of adjacent properties or to the type of development which may be permitted
on adjacent properties. [Ord. 3354 § 2, 1999; Code 1970 § 25.62.040.]
25.140.050 - Phased development.
Development of a planned unit development may be phased, in which case all the property
anticipated for PUD development shall be submitted as a preliminary PUD showing a conceptual
depiction of the eventual development through all phases. Subsequent to legislative approval of
the preliminary PUD plan, portions of the development may be submitted as a final PUD for review
and approval. [Ord. 3354 § 2, 1999; Code 1970 § 25.62.050.]
25.140.060 - Combined preliminary and final PUD.
In all cases, the preliminary PUD and final PUD may be combined and processed as a final PUD.
[Ord. 3354 § 2, 1999; Code 1970 § 25.62.060.]
25.140.070 - Concurrent platting.
Plats for PUDs requiring platting may be processed concurrently with the PUD approval
procedures. [Ord. 3354 § 2, 1999; Code 1970 § 25.62.070.]
25.140.080 - Design standards and requirements.
(1) Subdivision Requirements. If land or structures within a proposed PUD are to be sold
to more than one person, partnership, firm or corporation, or are to include the dedication
of land, then the proposed PUD shall be subject to the short plat or long plat procedures of
PMC Title 21;
(2) Right-of-Way Requirements. City policy with regards to the dedication of right-of-
way and right-of-way improvements as established in Resolution No. 1372 and PMC
12.04.100 are waived in a PUD;
(3) Zoning Requirements. A planned unit development shall be exempt from the minimum
lot size and setback standards of this title except, where on-site parking is located in front
of a structure, that portion of the structure shall be set back 20 feet from the property line;
(4) Density Requirements. A minimum and maximum density requirement shall be
established for each land-use identified in the Comprehensive Plan. The density
requirements are provided in the table below:
Land Use Classification Minimum Density Maximum Density
Page 57 of 67
Ordinance – PMC 25.140 - 5
Low Density Residential 5 du / acre 7 du / acre
Mixed Residential 12 du / acre 20 du / acre
High Density Residential 21 du / acre 35 du / acre
Mixed Residential / Commercial 17 du / acre 35 du / acre
(54) Density Bonus. The basic density in a planned unit development shall be established
for each land use as provided in the zoning districts of PMC Title 25. The Planning
Commission may recommend and the City CouncilHearing Examiner may authorize a
density not more than 20 percent greater than what is otherwise permitted of the underlying
land use, following findings that the amenities or design features which promote the
purposes of this chapter are clearly identified and provided;
(6) Amenities and Open Space Requirements. The PUD shall provide not less than 3515
percent of the gross land area for common open space. Common open space shall be
accessible to all owners or tenants of the development at the time of final approval. Open
space shall be provided for active or passive recreational activities and for the preservation
of existing natural site amenities whenever possible. Maintenance and operation of the
open space shall be the responsibility of the property(s) owner or homeowners association.
(a) Open space shall not include:
i. Streets, alleys, and other rights-of-way;
ii. Vehicle drives, parking, loading and storage areas;
;
(b) Examples of amenities and open space can include but not limited to:
i. Pedestrian pathways and bike trails;
ii. Open lawn areas, playgrounds, recreation fields;
iii. Community gardens;
iv. Community club area;
v. Swimming pool;
vi. Plazas, sitting areas;
(c) Additional examples of uses may found in the latest edition of the City of Pasco
Parks, Recreation and Forestry Plan
(75) Lot Requirements. Minimum lot areas, lot dimensions, building heights, lot coverage
and yard requirements shall be as established on the approved development plan;
(6) Open Space Requirements. The PUD shall provide not less than 35 percent of the gross land
area for common open space;
(78) Setbacks between Buildings. A distance between all structures shall at a minimum
comply with the standards prescribed by the most current edition of the International
Building and Fire Codes as adopted by the City Council; and
(9) Public Street Standards. Public street standards, as identified in PMC 21.15.020 shall
apply;
Page 58 of 67
Ordinance – PMC 25.140 - 6
(10) Private Street Standards. Private streets require the authorization of the Community &
Economic Development Director and may only be permitted if the applicant can
demonstrate that the minimum density as identified in PMC 25.140.080(4) cannot be
achieved without a modification to the public street standards. Justification must include
alternative layouts. Private street improvements for a PUD shall meet the standards for
Local Access Roads, at a minimum, with the exception being that sidewalk must be present
on at least one side and on-street parking must be present on one side. This will result in a
roadway section, with curb and gutter, that measures 31’ back-to-back of curb. Storm water
facilities must be able to treat and retain all storm water on-site without any runoff enter
City of Pasco right-of-way.;
A PUD improvement will not be allowed where the property owner does not control both
sides of the proposed roadway;
(11) Utility improvements. Water, sewer and irrigation (if applicable) improvements shall
be required at the time the property is developed and shall be required for all properties.
Water and sewer utilities shall be extended through the length of the property being
developed. The design and construction of water and sewer utilities shall conform to the
construction standards as prepared by the City Engineer. To the fullest extent, possible City
utilities shall be located in the roadway prism. Adequate easements must be provided for
all utilities as determined by the City Engineer.;
(12) Guest Parking. Guest parking shall be provided when on-street parking is not
constructed. A minimum of one guest parking stall per ten dwelling units, and a maximum
of one per six dwelling units is required. All guest parking shall be clearly identified with
signage and striping.; and
(138) Residential design standards: See PMC 25.165.100. [Ord. 3731 §§ 20 & 21, 2005;
Ord. 3354 § 2, 1999; Code 1970 § 25.62.080.]
25.140.090 - Procedure for approval of planned unit developments.
The approval of a planned unit development shall be by the City Council, upon recommendation
of the Hearing Examiner, and shall be processed in accordance with the following procedures:
(1) Who May Apply. Any owner or group of owners of contiguous property acting jointly
may submit an application for a PUD.
(2) Pre-application. Prior to the acceptance of an application for PUD approval, a pre-
application conference between representatives of the City and the potential applicant is
required. This conference shall be set by the Planning Department at the request of the
potential applicant. The purpose of the pre-application conference is to acquaint the
applicant with various code requirements affecting PUD districts.
(3) Application. The applicant shall file a PUD district application for preliminary plan
approval with the Planning Division. All applications will be processed in accordance with
Page 59 of 67
Ordinance – PMC 25.140 - 7
the provisions of Chapter 25.210 PMC. The application shall be accompanied by the
following:
(a) A filing fee in an amount equal to the rezone fee;
(b) A completed SEPA checklist;
(c) A vicinity map; and
(d) Twelve copies of maps and drawings comprising the preliminary plan.
(4) Preliminary Plan. The preliminary PUD district plan shall indicate or include the
following:
(a) Written documents, including but not limited to:
(i) A legal description;
(ii) Statement of present ownership;
(iii) Statement of intent, including any plans for selling or renting the
property;
(iv) A timetable of development, including a phasing schedule if project
will be developed in phases;
(v) Provisions to assure maintenance of all common areas; and
(vi) Proposed restrictive covenants, if any.
(b) Relationship of the property to the surrounding area, including identification of
land use and zoning of both the site and vicinal properties.
(c) Names and dimensions of streets bounding, traversing or touching upon the
site.
(d) Location and width of proposed streets and pedestrian ways, arrangement of
common off-street parking and recreational vehicle storage areas.
(e) Location, layout and conceptual landscape design of all common yards, open
space and recreational areas.
(f) Proposed method of street lighting and signing.
(g) Existing and proposed utility systems, including irrigation plan.
(h) Existing site conditions, showing contours at five-foot intervals and location of
significant geographic features.
(i) Approximate building locations, buildable areas and building heights.
(5) Public Hearing Before the Hearing Examiner. Following a public hearing, the Hearing
Examiner may recommend approval or denial of the application and accompanying PUD
plans or may recommend imposition of such conditions of approval as are necessary to
Page 60 of 67
Ordinance – PMC 25.140 - 8
ensure conformity to all applicable regulations and the purposes of the PUD district. A
PUD may be recommended for approval only when it has been determined that:
(a) The PUD district development will be compatible with nearby developments
and uses.
(b) Peripheral treatment ensures proper transition between PUD uses and nearby
external uses and developments.
(c) The development will be consistent with the Comprehensive Plan and the
purposes of the PUD district.
(d) The public health, safety and welfare have been served. [Ord. 4433 § 1, 2019;
Ord. 3354 § 2, 1999; Code 1970 § 25.62.090.]
25.140.100 - Effective preliminary planned unit development approval.
Legislative approval of a preliminary PUD shall constitute a zone change of the subject property
from the former zoning designation to a planned unit development zone. The ordinance
establishing a PUD zone will enumerate the uses permitted and the district. [Ord. 3354 § 2, 1999;
Code 1970 § 25.62.100.]
25.140.110 - Preliminary PUD approval expiration.
Preliminary PUD approval shall be effective for five years from the date of approval by the City
Council, during which time a final PUD or the first phase of a staged PUD shall be submitted for
approval. If the final PUD or initial phase is not submitted within the five-year approval period,
the preliminary PUD shall be null and void, unless the Hearing Examiner grants an extension not
to exceed a one-year period. A one-year extension of the preliminary PUD approval does not
require a public hearing. In a phased PUD, successive phases are to be approved and constructed
within five years of the previously approved phase. [Ord. 4433 § 2, 2019; Ord. 3354 § 2, 1999;
Code 1970 § 25.62.110.]
25.140.120 - Final PUD application.
After receiving preliminary approval, the applicant may submit a detailed final development plan
in conformity to the approved preliminary PUD. The procedures for final PUD approval shall be
as those prescribed for preliminary PUD approval in PMC 25.140.090, except the Hearing
Examiner review is not required for final PUD approval under this section. Detailed development
plans shall contain the following information:
(1) Vicinity map;
(2) A detailed site plan in conformance with the approved preliminary plan showing land
uses and vehicular and pedestrian circulationaccess and circulation;
(3) Boundary survey of the entire property or the development phase;
(4) Construction specification for streets and pedestrian ways, including a typical roadway
section showing location of all utilities;
Page 61 of 67
Ordinance – PMC 25.140 - 9
(5) Location and height of all buildings indicating either the dimensions or the limits
within which buildings will be constructed;
(6) Preliminary engineering plans for water, sewer, storm drainage, electric power,
telephone and gas;
(7) Preliminary subdivision plat if the property is to be subdivided;
(8) Landscape plans for open space, common areas, streets, pedestrian ways and
recreational facilities;
(9) Location, arrangement and dimensions of parking facilities and loading areas;
(10) Preliminary architectural plans and elevations of typical buildings and structures; and
(11) Covenants, property owner agreements or other provisions that will govern the use,
maintenance and perpetual care of the PUD and all of its open space and property held in
common. [Ord. 4433 § 3, 2019; Ord. 3354 § 2, 1999; Code 1970 § 25.62.120.]
25.140.130 - Expiration of time limits.
Construction of improvements in a PUD shall begin within one year from the date of final PUD
approval by the City Council. An extension of time for improvements (streets and utilities) may
be requested in writing by the applicant, and such request shall be granted by the City Council for
a period of one year. If construction does not occur within five years from the legislative approval,
the PUD district designation shall be dropped from the official zoning map and zoning shall revert
to the former district designation. [Ord. 3354 § 2, 1999; Code 1970 § 25.62.130.]
25.140.140 - Changes and modifications.
(1) Major changes in the approved final development plan shall be considered as a new
application for preliminary approval. Major changes include:
(a) Change in use;
(b) Major realignment of vehicular circulation patterns;
(c) Increase in density or relocation of density pattern;
(d) Reduction of open space;
(e) Change in exterior boundaries, except survey adjustments;
(f) Increase in building height.
(2) The Planning Division may approve changes in the development plan that are minor
in nature and are consistent with the approved plan. [Ord. 4433 § 4, 2019; Ord. 3354 § 2,
1999; Code 1970 § 25.62.140.]
25.140.150 - Building permits.
No building permits shall be issued until final PUD or phase approval has been granted by the City
Council. The construction and development of all common areas and open space of each project
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Ordinance – PMC 25.140 - 10
phase shall be completed to coincide with the completion of structures. For example, when 25
percent of the structures are completed, 25 percent of the common areas are required to be
completed. [Ord. 3354 § 2, 1999; Code 1970 § 25.62.150.]
Section 2. This ordinance shall be in full force and effect five days after passage and
publication as required by the law.
PASSED by the City Council of the City of Pasco, Washington and approved as provided
by law this ________ day of ____________________, 2020.
_____________________________
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
________________________ __________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
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AGENDA REPORT
FOR: City Council January 28, 2020
TO: Dave Zabell, City Manager Regular Meeting: 2/3/20
FROM: Rick White, Director
Community & Economic Development
SUBJECT: PSD Update of the 2019 Capital Facility Plan
I. REFERENCE(S):
Proposed Resolution
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. ____, incorporating the Pasco School
District's Pasco's of City the into Plan the Capital of update 2019 Facilities
Comprehensive Land Use Plan.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
In March of 2012, City Council adopted Ordinance No. 4046, which established school
impact fees. An Interlocal Agreement for implementation and processing of those fees
was also approved by both the Pasco School District (District) and the City. The terms
of the Interlocal Agreement between the District and the City require the City to review
and consider biennial updates of the District’s CFP and if appropriate, incorporate the
updated CFP into the City's own capital facilities element of the Comprehensive Plan.
The current impact fees established by Council through Ordinance No. 4046 are $4,700
(of this amount, $17 is retained by the City for offsetting administrative costs) per
single family unit and $4,525 per multi-family unit.
City Council considered the District's 2018 CFP update at their May 14, 2018 Council
workshop, a regular meeting held on May 21, 2018 and a workshop held on June 10,
2019. At the June 2019 Council workshop, there was discussion relating to County -
issued building permits and the relationship to the School Impact Fee. Pending
confirmation on receipt of the school impact fees from County - issued building
permits - that version of the District's most recent Capital Plan was not incorporated
into the City's Comprehensive Plan.
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The District’s 2019 CFP includes several growth-related projects for which the District
will use impact fee revenue. In addition to the PSD's efforts for consistent
implementation of the school impact fee - City staff have established conditions
relating to use and extension of City water that include payment of applicable impact
fees and conformance with City development regulations in a variety of circumstances.
City Council considered the District's 2019 CFP update and impact fee calculation at
their workshop held on January 27, 2020.
V. DISCUSSION:
Since the initial Capital Facility update in May of 2018 did not result in incorporation
into the City Comprehensive Plan, the District requests the 2019 update to their CFP
(adopted by the School Board in August of 2019) to be used for the years 2020 and
2021.
The District's protocol for seeking school mitigation fees under SEPA outside the City
limits has been tested on several County subdivisions and City staff believe that the
District’s strategic use of SEPA and the current process of conditioning extension of
City utilities guarantee that applicable mitigation fees will be paid for most residential
development within the District.
The District is not seeking any change to the existing school impact fee. Incorporation
of the 2019 District CFP will allow the District to use the collected impact fees for
several new growth related projects as identified in their 2019 Capital Plan.
Staff recommends approval of the proposed Resolution.
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Resolution - 1
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PASCO
INCORPORATING THE PASCO SCHOOL DISTRICT’S 2019 UPDATE OF
THE CAPITAL FACILITES PLAN INTO THE CITY OF PASCO
COMPREHENSIVE LAND USE PLAN.
WHEREAS, the City of Pasco, is required by State law, to determine that adequate
provisions are made in each subdivision, short plat, and other division of property used for
residential purposes, including the adequacy of schools and playgrounds; and
WHEREAS, the Pasco School District No. 1, by letter of January 11, 2011, placed the
City on notice that due to escalating student population, it is unable to accommodate additional
students that are incident to new developments of residential housing, and has by Resolution No.
809, adopted its Pasco School District Capital Facilities Plan, demonstrating the need for additional
classrooms to meet the anticipated demand of students residing within the new development areas
of the City; and
WHEREAS, in February 2012, the City amended the Comprehensive Land Use Plan of
Pasco by incorporating the Pasco School District’s 2011-2017 Capital Facilities Plan into it; and
WHEREAS, in March 2012, the City adopted School Impact Fees through Ordinance No.
4046, reflective of the cost per student for new facilities as described in the District’s 2011-2017
Capital Facilities Plan; and
WHEREAS, the City and the Pasco School District have adopted an Interlocal Agreement
that requires the District to submit an update of the Capital Facilities Plan every two years; and
WHEREAS, the Interlocal Agreement requires the City to consider the update of the
District’s Capital Facility Plan and if appropriate, incorporate the update into the City’s
Comprehensive Land Use Plan; and
WHEREAS, the City has reviewed the revised information contained in the 2019 update
of the District’s Capital Facilities Plan; and
WHEREAS, the City Council after due consideration of the District’s request that the City
continue to collect School Impact Fees as calculated by the 2011-2017 School District Capital
Facilities Plan and as approved by Ordinance No. 4046; NOW THEREFORE,
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Resolution - 2
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON:
That the City of Pasco incorporates the 2019 Update of the Pasco School District’s Capital
Facilities Plan into the City of Pasco’s Comprehensive Land Use Plan.
PASSED by the City Council of the City of Pasco, Washington this ___ day of
______________, 2020.
________________________
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 67 of 67