Planning Commission Meeting

City of Prosser PLANNING COMMISSION REGULAR MEETING AGENDA Council Chambers, 1002 Dudley Avenue, Prosser WA 99350 Thursday, April 20, 2023 @ 6:00 PM Per Ordinance No. 22-3175, all Planning Commission meetings will be held in-person at location listed above. In addition, individuals may attend the meeting virtually. To join in the remote/virtual Planning Commission meeting and participate in or listen to the Public Hearing, please join the meeting from your computer, tablet or smartphone by visiting the following website: https://global.gotomeeting.com/join/590067637 You can also dial in using your phone. United States: +1 (646) 749-3112 Access Code: 590-067-637 New to GoToMeeting? Get the app now https://global.gotomeeting.com/join/590067637 The City asks all members of the public that wish to comment on agenda items, to please contact Community Development Director Steve Zetz via email at szetz@cityofprosser.com or by phone at (509) 786-8212, no later than 4:00 p.m., the day of the meeting. Please state your first and last name, city of residence and agenda item you wish to comment on. Page 1. CALL TO ORDER 2. ROLL CALL 3. BOARD DISCUSSION . a. Repeal Chapter 18.96 and modify Chapter 18.95 3-8 PMC 18.96 Repeal HOUSING FEE INCENTIVE PROGRAM INCLUSIVE HOUSING - ORD FORM Discussion Only b. Comprehensive Plan Update 2023 9 - 14 Public Participation Plan PUBLIC PARTICIPATION PLAN 2023 Discussion Only c. Chapter 17, Chapter 18 Page 1 of 14  Review for future hearings Discussion Only 4. BOARD ACTION 5. ADJOURNMENT Hearing Type: Quasi-Judicial Statement: This is a quasi-judicial hearing. This means that the hearing must not only be fair but appear to be fair. If you have had any ex parte contact with the applicant or anyone, other than City Staff, then you must disclose that contact and the nature of that contact. In the event that you have already made up your mind regarding the subject of this hearing and cannot rely on the evidence presented to make that decision, then you must disclose that fact. In the event that conflicts would prevent a quorum from making a decision in this matter, then, under the doctrine of necessity, you would be able to hear this matter notwithstanding any conflicts. Do you have any conflicts? Does any member of the public believe that any member has a conflict? Page 2 of 14  CITY OF PROSSER, WASHINGTON ORDINANCE NO. 22-_____ AN ORDINANCE REPEALING ORDINANCE 18-3063 AND PROSSER MUNICIPAL CODE CHAPTER 18.96. THE ORDINANCE ALSO SETS FORTH THE EFFECTIVE DATE OF THE ORDINANCE AND PROVIDES THAT ITS PROVISIONS ARE SEVERABLE FROM ONE ANOTHER AND PROVIDES FOR PUBLICATION BY SUMMARY. THE CITY COUNCIL OF THE CITY OF PROSSER, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Ordinance 18-3063 and Prosser Municipal Code Chapter 18.96 are hereby repealed. Section 2. SEVERABILITY. The provisions of this ordinance are hereby declared to be severable. If any section, subsection, sentence, clause, or phrase of this ordinance or its application to any person or circumstance is for any reason held to be invalid or unconstitutional, the remainder of this ordinance shall not as a result of said section, sentence, clause, or phrase be held unconstitutional or invalid. Section 3. This ordinance shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. PASSED by the City Council and APPROVED by the Mayor, this _____day of _________________, 2022. _______________________________ MAYOR RANDY TAYLOR ATTEST: ______________________________ CITY CLERK, RACHEL SHAW Approved as to form: __________________________________ CITY ATTORNEY, HOWARD SAXTON Date of Publication: _______________ Page 3 of 14  SUMMARY OF ORDINANCE NO. 22-_____ of the City of Prosser, Washington On the ____ day of ___________, 2023, the City of Prosser, Washington, passed Ordinance No. ____________. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE REPEALING ORDINANCE 18-3063 AND PROSSER MUNICIPAL CODE CHAPTER 18.96. THE ORDINANCE ALSO SETS FORTH THE EFFECTIVE DATE OF THE ORDINANCE AND PROVIDES THAT ITS PROVISIONS ARE SEVERABLE FROM ONE ANOTHER AND PROVIDES FOR PUBLICATION BY SUMMARY. The full text of this Ordinance will be mailed upon request. DATED this _____ day of ________________, 2023 CITY CLERK, RACHEL SHAW Page 4 of 14  CITY OF PROSSER, WASHINGTON ORDINANCE NO. 23-________ AN ORDINANCE ADDING A NEW SECTION TO TITLE 18.95 OF THE PROSSER MUNICIPAL CODE TO PROMOTE THE CONSTRUCTION OF AFFORDABLE HOUSING WITHIN THE CITY BY PROVIDING FOR FEE WAIVERS UNDER CERTAIN CIRCUMSTANCES. THE ORDINANCE ALSO SETS FORTH THE EFFECTIVE DATE OF THE ORDINANCE AND PROVIDES THAT ITS PROVISIONS ARE SEVERABLE FROM ONE ANOTHER AND PROVIDES FOR PUBLICATION BY SUMMARY. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PROSSER, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Prosser Municipal Code Section 18.95.070 is hereby enacted to read as follows: 18.95.070 Authority and purpose. A. Authority and purpose. Both the Growth Management Act (RCW Title 36A) and the Housing Policy Act (Chapter 43.185(B) RCW) authorize the city to implement regulations to encourage housing opportunities for all economic segments of the city. The purpose of this section is to promote the construction of affordable housing within the city. B. Applications Eligible for Fee Waivers. Applicants for permits relating to the construction of additional single-family homes, multifamily residential units, or housing restricted to persons over the age of fifty-five years that have been deed restricted in accordance with section 18.95.030(D) of this chapter may apply to the planning and economic development director for a fifty percent fee waiver for fees listed in subsection D of this section. C. The planning and economic development director, or his or her designee, is authorized to create application forms and draft administrative policies necessary to implement this chapter. D. Except for costs incurred by the city for engineering review, publishing, and legal review, the following are eligible for fee reduction in accordance with this chapter: 1. Building permits. 2. Plan review fee. 3. Plumbing permits. 4. Mechanical permits. 5. Accessory dwelling units. Page 5 of 14 E. The city clerk shall cross reference this chapter in the city’s fee ordinance each time a fee is established for fees listed in subsection D of this section. F. In the event that the planning and economic development director denies an application for a fee waiver, the applicant may, within ten business days after the denial, file an appeal to the city administrator who may uphold or modify the decision of the planning and economic development director. G. Fees for processing applications and appeals pursuant to this chapter shall be set forth in a separate ordinance passed by the city council. Section 2. SEVERABILITY. The provisions of this ordinance are hereby declared to be severable. If any section, subsection, sentence, clause, or phrase of this ordinance or its application to any person or circumstance is for any reason held to be invalid or unconstitutional, the remainder of this ordinance shall not as a result of said section, sentence, clause, or phrase be held unconstitutional or invalid. Section 3. This ordinance shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. PASSED by the City Council and APPROVED by the Mayor, this _____, day of ___________, 2022. _______________________________ MAYOR RANDY TAYLOR ATTEST: ______________________________ CITY CLERK, RACHEL SHAW Approved as to form: ________________________________ CITY ATTORNEY, HOWARD SAXTON Date of Publication: _______________ Page 6 of 14  SUMMARY OF ORDINANCE NO. 23- of the City of Prosser, Washington On the ____, day of _____________, 2023, the City of Prosser, Washington, passed Ordinance No. 23- _____________. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE ADDING A NEW SECTION TO TITLE 18.95 OF THE PROSSER MUNICIPAL CODE TO PROMOTE THE CONSTRUCTION OF AFFORDABLE HOUSING WITHIN THE CITY BY PROVIDING FOR FEE WAIVERS UNDER CERTAIN CIRCUMSTANCES. THE ORDINANCE ALSO SETS FORTH THE EFFECTIVE DATE OF THE ORDINANCE AND PROVIDES THAT ITS PROVISIONS ARE SEVERABLE FROM ONE ANOTHER AND PROVIDES FOR PUBLICATION BY SUMMARY. The full text of this Ordinance will be mailed upon request. DATED this _____ day of ________________, 2023 CITY CLERK, RACHEL SHAW Page 7 of 14 Page 8 of 14  CITY OF PROSSER, WASHINGTON RESOLUTION NO. 23- _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PROSSER, WASHINGTON, APPROVING A PUBLIC PARTICIPATION PLAN FOR THE CITY OF PROSSER 2023 REVIEW, EVALUATION, AND REVISION TO ITS COMPREHENSIVE PLAN AND ACCEPTANCE OF SITE SPECIFIC LAND USE DESIGNATION CHANGES FROM PROPERTY OWNERS BE IT RESOLVED, that the public participation plan attached hereto and incorporated herein by reference is hereby adopted by the City Council. ADOPTED by the City Council of the City of Prosser and APPROVED by the Mayor of the City of Prosser this ____ day of __________, 2023. _____________________________ MAYOR RANDY TAYLOR ATTEST: __________________________ RACHEL SHAW, CITY CLERK APPROVED AS TO FORM ___________________________________ HOWARD SAXTON, CITY ATTORNEY Page 9 of 14  PUBLIC PARTICIPATION PLAN CITY OF PROSSER 2023 REVIEW, EVALUATION, AND REVISION TO ITS COMPREHENSIVE PLAN AND ACCEPTANCE OF SITE SPECIFIC LAND USE DESIGNATION CHANGES FROM PROPERTY OWNERS 1.0 INTRODUCTION The City of Prosser is reviewing, evaluating, and potentially updating the following elements of its Comprehensive Plan: Land Use Designation Map contained within the Plan. This process is hereafter referred to as “UPDATE.” This update is not intended as a review pursuant to RCW 36.70A0130. This Public Participation Plan describes the steps that the City will take to involve the community in decisions regarding the UPDATE. The goal is to provide the public with timely information, an understanding of the process, and opportunities to review and comment on update decisions before they are made. The City views this Public Participation Plan as establishing the basic public involvement processes that will be used during the UPDATE. Other public participation activities may be put into practice without changing this plan. 2.0 PUBLIC PARTICIPATION GOALS The following are Public Participation Goals and Objectives to be used to guide the City’s UPDATE process: Goal: Be open and inclusive. Ensure that public input is incorporated into the decision-making process. Respond to input that is received and demonstrate the use of public comments during the UPDATE process. Ensure public opportunities to provide comments, information and data. Goal: Identify the most effective opportunities for public participation. Provide public input opportunities at specific intervals, prior to decision-making. Focus public participation opportunities on those issues of greatest concern to the public. Keep current information about the UPDATE status available to the public for review and comment. Goal: Coordinate the UPDATE with Benton County. Share program update schedules, meeting agendas, and comments. Page 10 of 14 Goal: Consult and consider recommendations from State-wide agencies and tribes. Establish and distribute informational materials so that interested parties can follow and understand the UPDATE process and requirements, particularly those relating to opportunities for public participation. Goal: Evaluate the public participation process throughout the life of the Program. Ensure effectiveness of the public participation efforts through periodic monitoring of the program. 3.0 PUBLIC MEETINGS AND HEARINGS The Prosser Planning Department, City Planning Commission, and City Council are the primary staff, advisory body, and decision-making body responsible for the UPDATE and implementation of this public participation plan. Public meetings and hearings will be held by the Planning Commission, and the City Council. The City may also hold other public forums, open houses, and meetings as the UPDATE process proceeds. 3.1. Planning Commission Public Meetings The Planning Commission (PC) is designated in the Prosser Municipal Code as the responsible citizen panel for advising the City Council on comprehensive planning and land use issues. Accordingly, the PC will be the primary source of public involvement in guiding the UPDATE. City staff and other providers as contracted by the City will perform research and analyses, report preparation, and facilitation of the workshops, meetings and hearings. These meetings will be designed to help the Planning Commission with the task of recommending a draft to the City Council and to present information to the public and receive public comment throughout the UPDATE. Regularly scheduled monthly PC meetings may be used for the UPDATE. Planning Commission regular meetings are held on the third Thursday of the month, beginning at 6:00 p.m. in the Prosser City Council Chambers, 1002 Dudley Ave, Prosser, Washington; and may also be attended via an online virtual meeting program. Meetings or hearings regarding the UPDATE can be found on the City’s web site at: https://www.cityofprosser.com and by accessing the PC page. Information may also be obtained from the Prosser Planning Department during normal business hours at City Hall, Prosser, or by calling (509) 786-8212. 3.2. City Council Public Meetings The City Council will hold public meetings and hearings at the conclusion of the UPDATE process. Public meetings may be scheduled as needed, to provide updated status reports and information to the Council. The Council meets on the second and fourth Tuesdays, in the Prosser City Council Chambers, 601 Seventh Street, Prosser, Washington, beginning at 7:00 p.m. Each regular Council meeting provides the public with a general public comment period. Council workshop sessions are typically held on the first Tuesday of the month in Council Chambers, Page 11 of 14 also beginning at 7:00 p.m. These meetings are designed to provide background information to the Council on a variety of issues that may come before Council in a future regular session. Regular meeting agendas and meeting packets are generally available each Friday prior to the following week’s meeting and can be obtained at City Hall, and are also available on the City’s web site at https://www.cityofprosser.com/ on the Agenda & Minutes page. 3.3. Public Hearings The City will hold public hearings prior to final adoption of any revision(s) recommended by staff during the UPDATE process. The Planning Commission will hold at least one public hearing on any draft revision and following the public hearing process will make a recommendation to the City Council. The Council will consider the Planning Commission recommendation and public comments received. The Council will hold a public hearing prior to local adoption of the draft revision(s). The draft revision(s) will be made available for public review a minimum of 30 days prior to any scheduled hearing. All public hearings scheduled before the Planning Commission and City Council will be held after effective notice and include opportunities for oral and written comments. All persons desiring to speak will be allowed to do so, consistent with time constraints. All comments and recommendations of the public will be considered. Adequate time should be provided between the time of any public hearing and the date of adoption to evaluate and respond to public comment. A summary of public comments and an explanation of what action was taken in response to them will be included in the record of adoption of any revision(s) pursuant to the UPDATE. 3.4. Record of Meetings Meeting minutes will be prepared and also will be posted on the City’s web site for the Planning Commission and City Council public meetings and hearings. 4.0 PUBLIC INVOLVEMENT STRATEGIES In addition to public meetings and hearings (see above); other opportunities for public involvement and comment will be provided throughout the UPDATE. The following steps will be taken to exchange information and to encourage broad and diverse public involvement throughout the UPDATE: 4.1. Additional Jurisdiction Coordination The City will coordinate the UPDATE with Benton County, to promote consistency between Prosser’s UPDATE and the County’s Comprehensive Plan. The City will also consult with agencies owning property within the City or its Urban Growth Area before making any revision(s) pursuant to the UPDATE. 5.0 WRITTEN COMMENTS Page 12 of 14 Written comments are welcome throughout the UPDATE process. Comments shall be sent to: City of Prosser Planning Department PO BOX 1639, Prosser, WA 99350 OR Email to szetz@cityofprosser.com 6.0 PUBLIC NOTICES AND INFORMATION DISSEMINATION The City will use a variety of methods to inform the public about upcoming public meetings, availability of maps, relevant planning documents and reports, and important milestones related to the UPDATE including, but not limited to: 1. Internet Website: The City will establish and maintain a 2023 Update tab on the PC page of the City’s website for the duration of the UPDATE process where interested residents may visit for informational updates; e. g., hearing meeting and adoption notices, agendas, and other UPDATE information. The website will provide communication access to staff and will be updated as needed with UPDATE details and include current issues and meeting notice information. The website will be accessible from the planning page on the City’s website: https://cityofprosser.com/pc. 2. E-mail List: The City will maintain an e-mail distribution list that will include identified representatives from known agencies, Yakama Nation, Benton County, and other organizations that have interests or responsibilities relating to the UPDATE and any other individual or group that requests to be notified by the e-mail distribution list. 3. Mailing List: Individuals and interested parties may request to be notified via mail by sending their name and address to: City of Prosser Planning Department, 1002 Dudley Ave, Prosser, WA 99350, or by calling (509) 786-8212. 4. News Releases: The City will issue news releases announcing public meetings, and hearings to local media including, but not limited to: the Prosser Record-Bulletin and other media sources. 5. Legal Notices: Legal public notice of all public hearings will be published under “Legals” in the Prosser Record-Bulletin. 6. UPDATE Project File: An official project file will be available for public inspection on the Update Tab on the City’s Website. 7.0 SITE-SPECIFIC RE-DESIGNATION REQUESTS Property owners or their representatives may submit site-specific land-use designation change requests to the City for consideration during the public review process. The anticipated timeline Page 13 of 14 expects the Planning Commission and City Council to complete review by July 26, 2023; Interested property owners may submit their requests after May 1, 2023, but no later than 5:00 p.m. May 31, 2023. Any application received outside these dates will be rejected. Site-specific map change applications forms will be available for download at the City of Prosser website. You may contact City by mail at 1002 Dudley Ave, Prosser, Washington 99350 to request an application form. You may also call City Hall during normal business hours at 509-786-2332 to request an application form. All site-specific requests shall be delivered to City Hall at 1002 Dudley Ave either by mail or by placement in the City’s drop box and shall include an application and an application fee/deposit. 8.0 CONTACT Steve Zetz Planning and Economic Development Director City of Prosser Planning Department 1002 Dudley Ave, Prosser, WA 99350 Phone: (509)786-8212 Fax: (509) 786-3717 E-mail: szetz@cityofProsser.com Page 14 of 14