Planning Commission Meeting
Regular MeetingProsser, WA · December 19, 2024
Agenda
City of Prosser
PLANNING COMMISSION
REGULAR MEETING AGENDA
Council Chambers, 1002 Dudley Avenue, Prosser WA
99350
Thursday, December 19, 2024 @ 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.
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Access Code: 590-067-637
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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 ACTION
a. Approval of Meeting Minutes 3 - 15
June 13, 2024
June 20, 2024
August 12, 2024
October 17, 2024
November 14, 2024
PCMIN 6-13-24
PCMIN 6-20-24
PCMIN 8-12-24
PCMIN 9-19-24
PCMIN 10-17-24-1
4. BOARD DISCUSSION
a. Discussion / Direction regarding Planned Area Development (Moratorium) 16 - 31
Page 1 of 31
Output Document (AGB - 2487) - Pdf
Output Document (AGB - 2487) - Html
PROCITO202409243254
Discussion Only
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 31
CITY OF PROSSER
SPECIAL PLANNING COMMISSION MEETING
THURSDAY JUNE 13, 2024
CITY HALL PROSSER, WASHINGTON
AND VIRTUALLY ON GOTOMEETING
CALL TO ORDER:
The meeting of the special meeting of the Prosser Planning Commission was called to order at
6:00 p.m. on June 13, 2024, by Chair, Trevor Day. The meeting was also held virtually on
GOTOMEETING. There were no persons logged in to participate on GOTOMEETING except
for Commissioners, Michele Villarreal and Aaron Williams.
ROLL CALL:
Commissioners present: Aaron Williams (GOTOMEETING), Michele Villarreal
(GOTOMEETING), Don Howell, and Trevor Day. Nancy Martinez was absent. City Staff
present were: Steve Zetz, Community Development Director, and Howard Saxton, City
Attorney/Secretary.
APPROVAL OF MINUTES:
Don Howell moved and Michele Villarreal seconded that the minutes from the May 16, 2024,
meeting of the Planning Commission be approved as drafted. All approved. Motion carried.
PUBLIC HEARING ON THE APPLICATION OF JUAN OHOA FOR A TEXT
AMENDMENT:
The Chair opened the public hearing on the application of Juan Ochoa for a text amendment to
allow Congregate Living Facilities as an additional use in the Commercial Thoroughfare Zoning
District and to add a definition for Congregate Living Facilities to Title 18 of the Prosser
Municipal Code.
Steve Zetz briefed the Commission on the application as follows:
• The proposed amendment is a Type V legislative action.
• The amendment would add Congregate Living Facilities as an additional use in the
Commercial Thoroughfare Zoning District (CT).
• A Congregate Living Facility could not locate in CT without obtaining a Conditional Use
Permit from the Prosser Board of Adjustment.
• The text amendment also adds a definition for Congregate Living Facilities to Title 18 of
the Prosser Municipal Code.
• The definition for Congregate Living Facilities is the same as is in the Internation
Building Code.
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• All of CT is located along Wine Country Road, the City’s major thoroughfare. Transit is
scheduled to add stops in that area in the near future.
• CT is also close to restaurants and a grocery store.
• The application is consistent with the City’s Comprehensive Plan which directs higher
density to areas with access to transit, services, and major streets.
• Staff recommends that the Planning Commission recommend to the City Council that the
application be approved subject to the Washington State Department of Commerce
expediting review of the Application.
Aaron Williams moved and Don Howell seconded that the Planning Commission recommend
approval of the text amendments subject to the Washington State Department of Commerce
expediting review of the Application.
Don Howell moved and Aaron Williams seconded that the Chair and Secretary be authorized to
draft findings consistent with the recommendation.
PUBLIC HEARING ON THE APPLICATION OF GREEN PLAN CONSTRUCTION
LLC FOR A REZONE FOR A PORTION OF ITS PROPERTY TO COMMERCIAL
GENERAL DISTRICT AND FOR THE APPLICATION OF GREEN PLAN
CONSTRUCTION LLC FOR A PRELIMINARY PLAT FOR THE FARMLAND
ESTATES SUBDIVISION:
The Chair opened the public hearing. Steve Zetz read the quasi-judicial script to the
Commissioners. No commissioner identified a conflict and the public present did not identify a
conflict.
Steve Zetz briefed the Commissioners as follows:
• The property for this application is located West of the Love’s Truck Stop.
• The property is accessed by Wine Country Road.
• The property is addressed to Old Inland Empire Highway (OIE) because it has an access
easement to OIE.
• Notice of the hearing was published in the Proser Record Bulletin, was posted on the
Applicant’s property, was provided to agencies, and mailed to property owners within
300 feet of the Applicant’s property.
• A Mitigated Determination of Nonsignificance was issued by the City on May 28, 2024.
The Applicant’s representative, Shane O’Neil, testified as follows:
• He indicated that he is a planner and that his client is Stan Nuxoll who is the owner of
Green Plan Construction LLC.
• The Applicant is requesting a portion of his property be rezoned to Commercial General
District (CG) from its current designation of Residential Medium Density District (RM).
• The Comprehensive Plan designated the property as Commercial.
• The GG portion of the property will encompass 6.74 acres out of the total 19.6 acres.
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• Two streets are part of the preliminary plat---one stubbed to the West and one stubbed to
the South (to meet the internal street in the Mustang Estates Subdivision).
• The plan is for lot 4 to develop first.
• Lots 1 and 7 will remain residential and Lots 2, 3, 4, 5, and 6 will be commercial.
• The applicant has plans to develop Lot 1 with a residential subdivision.
• The property will have access to OIE using Scott Road.
• The plat will be developed in three phases. The connection to Scott Road is required in
Phase 3.
• The Applicant will request a Comprehensive Plan Amendment for Lots 1 and 7 to have
them designated as Residential.
• The Commercial areas of the plat will help buffer the impacts caused by the Love’s
Truck Stop.
The Chair closed the public hearing and the Commissioners deliberated. Don Howell moved and
Aaron Williams seconded that Commission recommend approval of the preliminary plat of the
Farmland Estates Subdivision to the City Council with the following conditions:
1. The Applicant shall file an amended preliminary plat that shows the internal North/South
Street as a public street connecting with Scott Road (in the Mustang Estates subdivision).
2. The Applicant shall file an amended preliminary plat that shows Phases 3 and 4
combined into a single Phase 3.
3. The Applicant shall file an amended preliminary plat that shows a Lot 7 in the Southeast
Corner of the Subdivision.
4. The Applicant shall comply with all SEPA conditions in the City’s issued MDNS.
All approved (Michelle Villarreal lost her connection and did not vote on this motion). Motion
carried.
Don Howell moved and Aaron Williams seconded that the Commission recommend approval of
the change in zone for a portion of the property to RM to the City Council. All approved.
Motion carried.
ADJOURNMENT:
There being no other business to come before the Planning Commission, the meeting was
ADJOURNED at 6:58 p.m.
Respectfully Submitted,
______________________________________
HOWARD M. SAXTON, III, Secretary
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CITY OF PROSSER
PLANNING COMMISSION MEETING
THURSDAY JUNE 20, 2024
CITY HALL PROSSER, WASHINGTON
AND VIRTUALLY ON GOTOMEETING
CALL TO ORDER:
The meeting of the Prosser Planning Commission was called to order at 6:05 p.m. on June 20,
2024, by Chair, Trevor Day. The meeting was also held virtually on GOTOMEETING. There
were no persons logged in to participate on GOTOMEETING except for Chair Trevor Day.
ROLL CALL:
Commissioners present: Aaron Williams, Michele Villarreal, and Trevor Day
(GOTOMEETING). Don Howell and Nancy Martinez were absent. City Staff present were:
Steve Zetz, Community Development Director, and Howard Saxton, City Attorney/Secretary.
APPROVAL OF MINUTES:
No minutes were presented for approval.
APPROVAL OF GREEN PLAN CONSTRUCTION FINDINGS:
Aaron Williams moved and Michele Villarreal seconded that the Findings for the rezone of
property owned by Green Plan Construction and the preliminary plat for the Farmland Estates
Subdivision be approved as drafted. All approved. Motion carried.
ADJOURNMENT:
There being no other business to come before the Planning Commission, the meeting was
ADJOURNED at 6:07 p.m.
Respectfully Submitted,
______________________________________
HOWARD M. SAXTON, III, Secretary
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CITY OF PROSSER
PLANNING COMMISSION
SPECIAL MEETING
MONDAY AUGUST 12, 2024
CITY HALL PROSSER, WASHINGTON
AND VIRTUALLY ON GOTOMEETING
CALL TO ORDER:
The special meeting of the Prosser Planning Commission was called to order at 6:00 p.m. on
August 12, 2024, by Chair, Trevor Day. The meeting was also held virtually on
GOTOMEETING.
ROLL CALL:
Commissioners present: Michele Villarreal, Nancy Martinez, Don Howell, and Trevor Day.
Aaron Williams was absent. City Staff present were: Steve Zetz, Community Development
Director, and Howard Saxton, City Attorney/Secretary.
APPROVAL OF MINUTES:
There were no minutes on for approval.
DAN BURDEN PRESENTATION:
Dan Burden gave a presentation regarding how Prosser could be made more walkable. He stated
as follows:
• He conducted a walking audit.
• Prosser has areas that are walkable and areas that are less walkable.
• The purpose of the walking audit is to determine whether the city’s commercial and
residential areas are walkable and if not, how walkability could be improved.
• Post World War 2, cities were designed to accomodate access by vehicles, not for
walkability.
• Walkability is improved when houses face the street in reasonably sized neighborhoods
built in a grid pattern with blocks around 300 feet.
• Walkability helps to make neighborhoods secure, efficient, and helps maintain property
values.
• Having houses with an eye on the street makes neighborhoods safe and secure.
• Having alleys allows garage access from the rear so that neighborhoods are not a wall of
garage doors.
• Newer developments tend to have large three-car garages facing the street.
• A city’s “main street” should be a place of gathering,
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• Growing denser, like Portland has done, by using infill, and other methods to increase
density reduces pollution, makes cities more walkable, and provides needed tax revenues
to maintain infrastructure.
• Adding trees along sidewalks adds to a sense of place and generates shade to allow
people to gather during hot Summer weather.
• It is important to keep connectivity to the waterfront and it is important to add interest to
attract people to the waterfront.
• Allowing single family homes to dominate the waterfront cuts off public access.
• Having a city that is walkable avoids the costs of commuting for not only the commuter
but also for the city because there is less maintenance and the improvements last longer.
• A city with well-connected streets needs fewer fire stations.
• Removing barriers to crossing rail lines is important.
• Trees and umbrellas help make a space more inviting.
• Use of alleys for commercial gathering spaces during hours when commercial deliveries
do not take place, helps draw people to downtown.
• Density is very important. A density of 14 housing units per acre brings in businesses
and helps pay for infrastructure.
• Mult-family dwellings near parks, and the repurposing of old historic structures for
housing increases density.
• Parking lots are needed, but they should be placed where they cause the least harm. They
should have improvements that detract and disguise the use.
• Corners of commercial lots should have buildings and not parking lots on them.
• Keeping the line of site for commercial buildings fronting the streets is important to
create a sense of place.
• Enlarging sidewalks helps draw people to commercial areas.
• Having adequate lighting in commercial areas is important.
• Streets should be improved to create a social space and not interfere with it. Sidewalks
with bulbs at intersections make pedestrians feel safe.
• All section of town should be designed to be walkable in order to avoid a hostile
environment.
• Having gateways that are portals to commercial areas make the city more inviting.
• Garage placement is important. They should not be in the street frontage. Having alley
access or side access makes the neighborhood feel homey.
• Suburbs increase sprawl resulting in less tax revenue to maintain infrastructure.
• Adopting ordinances that require minimum density and prevent big box stores by limiting
square footage of commercial buildings will increase walkability.
ADJOURNMENT:
There being no other business to come before the Planning Commission, the meeting was
ADJOURNED at 8:15 p.m.
Respectfully Submitted,
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______________________________________
HOWARD M. SAXTON, III, Secretary
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CITY OF PROSSER
PLANNING COMMISSION MEETING
THURSDAY SEPTEMBER 19, 2024
CITY HALL PROSSER, WASHINGTON
AND VIRTUALLY ON GOTOMEETING
CALL TO ORDER:
The meeting of the Prosser Planning Commission was called to order at 6:05 p.m. on September
19, 2024, by Chair, Trevor Day. The meeting was also held virtually on GOTOMEETING.
ROLL CALL:
Commissioners present: Michele Villarreal, Don Howell, Nancy Martinez, and Trevor Day.
Aaron Williams was absent. City Staff present were: Steve Zetz, Community Development
Director, and Howard Saxton, City Attorney/Secretary.
APPROVAL OF MINUTES:
No minutes were presented for approval.
FINAL PLAT PHASE III BELLA VISTA:
Steve Zetz reviewed the preliminary plat for the Bella Vista Subdivision with the
Commissioners. He then reviewed the proposed final plat for Phase III for the subdivision with
the Commissioners. Steve Zetz indicated that the City’s Public Works Director has inspected the
improvement constructed for Phase III, and they are installed in accordance with the City’s
Standards. He also indicated that the required maintenance bond has been filed by the developer.
Michelle Villarreal moved and Nancy Martinez seconded to recommend approval of the Final
Plat to the City Council. All voted in favor of approval of the motion. Motion carried.
PUBLIC HEARING ON REQUEST TO AMEND CHAPTER 18.95:
Zetz reviewed the history of the adoption of Prosser Municipal Code Chapter 18.95 with the
Commissioners. He indicated that because the Chapter requires the entire project be included in
the calculation for the number of deed-restricted affordable housing units, no developer has used
the Chapter. Steve Zetz informed the Commission as follows: he made several adjustments to
encourage developers to use Chapter 18.95; RMS had not been included in allowable zones for
the density bonus because RMS was going to be repealed; since RMS was not repealed, the
Chapter should be amended to include that zoning designation; with the changes, single-family
affordable housing units will be permitted; by amending Chapter 18.95 to allow only a portion of
a project to be subject to a density bonus (subject to deed-restricted affordable housing), the City
hopes developers will be more likely to use Chapter 18.95.
The Chair recessed the meeting into a public hearing. Brian Thornsen from Hayden Homes
testified that he believes the proposed changes to Chapter 18.95 will encourage developers to use
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Chapter 18.95. There was no testimony in opposition. The Chair closed the public hearing and
the Commissioners discussed the proposed changes. Don Howell moved and Michele Villarreal
seconded that the Commission recommend to the City Council that it adopt the proposed changes
to Chapter 18.95. All voted in favor of approval of the motion. Motion carried.
PUBLIC HEARING ON THE PRELIMINARY PLAT OF THE MERLOT MEADOWS
SUBDIVISION AND INCLUSIONARY HOUSING DENSITY BONUS:
No conflicts were identified by the Commissioners for this quasi-judicial hearing. The Chari
recessed the public meeting into a public hearing.
Meagan Norris testified on behalf of Hayden Homes as follows: the preliminary plat is based
upon a previous plat; this plat is denser than the previous plat; the plat is taking advantage of the
City’s density bonus for a portion of the plat and is deed-restricting four lots as affordable
housing; she presented a PowerPoint presentation showing the history of Hayen Homes which
started in 1989 to provide value-driven underserved communities; Hayden Homes has
constructed over 1,000 homes where the purchaser pays no interest or down payment; Hayden
Homes has paid more than 35 Million dollars in charitable donations to the communities it
serves; she reviewed the plat with the Commissioners; there will be 3 phases for the project; on
the smallest lots Haden Homes will construct homes from 1,000 to 1,268 square feet; on the
medium-sized lots Hayden Homes will construct homes from 1,200 to 1,500 square feet; on the
larger- sized lots Hayden Homes will construct homes from 1,700 to 2,200 square feet; the
average lot size in the project is 5,900 square feet; 1.63 acres of open space is being provided; a
pathway will connect to the hospital’s property allowing residents to walk to work; she described
the variances being requested; many of the homes will be under $350,000; and she showed a
pond to be used for irrigation.
Brian Thornsen testified on behalf of Hayden Homes as follows: the project will consist of
mostly starter homes with three product types; the smallest homes have to be two stories in order
to fit on the smaller lots; they have four small-footprint home designs they will use for the
project; in their other subdivision, Bella Vista, they have eight home designs; there is a small
island of small homes in Phase II of the plat; he discussed why his engineer proved that there is
no wetland on the project; the pond will be used to store irrigation water for the lots; irrigation
water will be a pressurized system and be connected to each lot; the Northern park was located
on the boarder of the subdivision so that when the property to the North develops the park can be
increased in size; and the plat will have 2 fences on the Southern Boundary—one South of the
pathway and one North of the pathway.
Steve Zetz indicated that the City received two letters of support for the project--one from the
Boys and Girls Club and one from the Prosser Chamber of Commerce. The Chair made the
packet for this hearing part of the record.
The Chair closed the public hearing and the Commissioners deliberated. Steve Zetz read the
recommend motion to recommend approval into the record. Don Howell moved to recommend
approval of the plat to the City Council conditioned as follows:
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A. Compliance with the notes on the face of the subdivision preliminary plat.
B. Compliance with requirements of the findings and the Prosser Municipal
Code.
C. Construction of public improvements within the subdivision including but
not limited to Streets, Sidewalks, Storm Water Retention Facilities, Lighting,
Open Space, and Irrigation System.
D. Compliance with all mitigation measures on the MDNS issued on June 18,
2024.
E. Compliance with the variance requests shown on the Face of the Plat and in these
findings and Compliance with the City’s Housing Density Incentive Program codified in Chapter
18.95 PMC.
Nancy Martinez seconded the motion. All voted in favor of approval. Motion carried.
PUBLIC HEARING ON THE PRELIMINARY PLAT OF THE RIVER ROAD
RESIDENCES PRELIMARY PLAT (2024)
Steve Zetz indicated that the applicant has requested that the hearing be continued so that the
applicant may address comments that have been submitted. Don Howell moved and Nancy
Martinez seconded to continue the Public Hearing on this matter to the October 17, 2024, regular
meeting of the Planning Commission. All voted in favor of approval. Motion carried.
APPROVAL OF FINDINGS FOR TEXT CHANGE TO CHAPTER 18.95 PMC AND
APPROVAL OF THE FINDINGS FOR THE PRELIMINARY PLAT OF THE MERLOT
MEADOWS SUBDIVISION AND INCUSIONARY HOUSING DENSITY BONUS:
The Chair at 7:22 p.m. took a 10-minute recess so that the Commissioners could review staff’s
proposed findings approving, with conditions, the plat and inclusionary housing application and
approving the Changes to Chapter 18.95.. The Chair called the meeting back to order at 7:32
p.m. Don Howell moved and Michele Villarreal seconded that the findings on the amendment to
Chapter 18.95 be approved as drafted. All voted in favor of approval. Motion carried.
Staff next revied the findings on the Merlot Meadows application with the Commissioners.
Michele Villarreal moved and Don Howell seconded that the findings presented on Merlot
Meadows and the inclusionary housing should be approved as presented. All voted in favor of
approval. Motion carried.
BOARD DISCUSSION:
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The Commissioners discussed the Dan Burden presentation from the last meeting. The
Commissioners also discussed the next periodic update to the City’s Comprehensive Plan which
is due by June of 2026. The Commissioners also discussed that Michele Villarreal is the
Commission’s representative on the Climate Change Committee.
ADJOURNMENT:
There being no other business to come before the Planning Commission, the meeting was
ADJOURNED at 7:42 p.m.
Respectfully Submitted,
______________________________________
HOWARD M. SAXTON, III, Secretary
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CITY OF PROSSER
PLANNING COMMISSION MEETING
THURSDAY OCTOBER 17, 2024
CITY HALL PROSSER, WASHINGTON
AND VIRTUALLY ON GOTOMEETING
CALL TO ORDER:
The meeting of the Prosser Planning Commission was called to order at 6:00 p.m. on October 17,
2024, by Chair, Trevor Day. The meeting was also held virtually on GOTOMEETING.
ROLL CALL:
Commissioners present: Michele Villarreal, Nancy Martinez, Aaron Williams (virtually on
GOTOMEETING), and Trevor Day. Don Howell, was absent. City Staff present were: Steve
Zetz, Community Development Director, and Howard Saxton, City Attorney/Secretary.
APPROVAL OF MINUTES:
Due to an internet outage, the Planning Commission tabled approval of the minutes for
September 19, 2024.
PUBLIC HEARING: NORTH RIVER ROAD HOMES (2024) PRELIMINARY PLAT
(PLANNED AREA DEVELOPMENT):
Steve Zetz read the quasi-judicial script into the record. No conflicts were identified by the
Commissioners, or the public present, or the public on line.
Christy Batayola testified on behalf of the applicant as follows: she is the engineer for the
project; this subdivision is similar to one done a few years ago; it is now a bank-owned property;
the current proposal is a little more dense than the previous proposal; the proposal includes 59
lots; there are 13 stand-alone homes and 46 townhomes; the townhomes have a shared wall and
will be duplexes; there are stubs for future connection to North River Road; to Petra Avenue, and
to Emick Lane; there is a loop with private streets and there is additional parking provided in that
area; some lots have shared access; and that Tract “A” is provided for a private park with a
basketball court, game court, and an area for play equipment.
Craig Schoch testified as follows: he submitted a comment letter; he questioned the applicant’s
assertion that 90% of the traffic would go East to the light-controlled intersection; he sees lots of
traffic going West; he lives off of Buena Vista Road which is only 18 feet wide, Buena Vista
Road is a narrow Road with no centerline, if a centerline was added to Buena Vista Road, it
would be safer; the centerline on North River Road makes it safer to drive, there are no
sidewalks for people to walk into town from the area, and he questioned why the Mustang
Estates Subdivision put in sidewalks but this subdivision was not being require to build them
(staff added that the sidewalks and street improvements on OIE were paid for by a grant and not
by the developer).
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Steve Zetz, in response to questions from the Commissioners, testified as follows: he reviewed
the traffic in the area and that all intersections would continue to function at a level C or better;
the hammerheads shown on the plat are for emergency turnarounds because there is not room to
install cul-de-sacs; the open space variance is due to higher-end amenities being constructed in
Tract “A”; and the plat will be constructed at one time and there will not be any phasing.
The Chair closed the public hearing, and the Commissioners deliberated. Michele Villarreal
moved and Nancy Martinez seconded that the Commissioners recommend that City Council
approve the preliminary plat conditioned on all required public and private improvements be
constructed prior to Final Plan approval, and subject to the conditions contained in the City’s
SEPA determination. All voted in favor of approval. Motion carried.
Michele Villarreal moved and Nancy Martinez seconded that the Chair and the Secretary be
authorized to draft findings in support of the recommendation. All voted in favor of approval.
Motion carried.
BOARD DISCUSSION AND NOVEMBER MEETING:
The Commissioners discussed the Moratorium passed by Council on Planned Area
Developments. The Commission will further discuss the Moratorium at its meeting in
November. Steve Zetz indicated that he was not available for the meeting scheduled for
November 21, 2024. Michele Villarreal moved and Nancy Martinez seconded that the
Commission’s Meeting for November be moved to November 14, 2024, at 6:00 p.m. at City
Hall. All voted in favor of approval. Motion carried.
ADJOURNMENT:
There being no other business to come before the Planning Commission, the meeting was
ADJOURNED at 7:12 p.m.
Respectfully Submitted,
______________________________________
HOWARD M. SAXTON, III, Secretary
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CITY OF PROSSER, WASHINGTON
AGENDA BILL
Agenda Title: Meeting Date:
Discussion / Direction regarding Planned December 19, 2024
Area Development (Moratorium) Planning Commission Meeting
Item Type:
Discussion
Department: Director: Contact Person: Phone Number:
Planning Steve Zetz Steve Zetz 509-786-2332
Cost of Proposal: Fund Name and Number:
NA
Amount Budgeted:
Reviewed by Finance Department:
Attachments to Agenda Packet Item:
1. Ordinance
Summary Statement:
The Planning Commission is tasked with reviewing the Planned Area Development portion of
the Prosser Municipal Code. The changes can include modifications to the code, or repealing
it in favor of an alternative code, or modifications to the existing subdivision process. Council
has asked staff to eliminate the use of private roads within the development code and adopt a
smaller public road standard in its place. The Planning Commission will also need to review
and strengthen the open space requirements within the code as well as reviewing the criteria
which would allow for a PAD application.
Staff has four months to complete the draft changes and present them to Council.
Chapter 17.20
PLANNED AREA DEVELOPMENTS*
Sections:
17.20.010 Planned area development defined.
17.20.020 Purposes of a planned area development.
Page 16 of 31
17.20.030 General requirements of a planned area development.
17.20.040 Submittal requirements.
17.20.050 Review, approvals and filing of proposed planned area developments.
* For statutory regulation of preliminary plats, see RCW 58.17.070. Prior ordinance: Ord.
622.
17.20.010 Planned area development defined.
A planned area development is an alternate form of subdivision and development regulation
to provide a more flexible method of development of land. (Ord. 1524 § 5 (part), 1991).
17.20.020 Purposes of a planned area development.
The purposes of a planned area development are:
A. To allow for creative development equal to or superior to traditional lot-by-lot
development;
B. To preserve open space, natural vegetation, water courses, wetlands, historic buildings
and places, and other community values;
C. To provide more efficient street and utility systems by clustering buildings;
D. To provide for a variety of housing types in one development with architectural design
compatibility;
E. To provide integrated landscape development;
F. To provide for the integration of new development into the existing community while
protecting and preserving the values of the surrounding neighborhood;
G. To provide for the development of mobile home parks, subject to the provisions of
Chapter 8.10 of this code pertaining to mobile home park standards. (Ord. 1524 § 5 (part),
1991).
17.20.030 General requirements of a planned area development.
The general requirements of a planned area development are as follows:
A. Minimum Size. Planned area developments may be located on a minimum of 2.5 acres of
land in any zone and are subject to the use restrictions in that zone except as noted below.
B. Permitted Modifications. All zoning and subdivision requirements may be modified in a
planned area development in the interest of the expressed purposes above, except:
1. Building height;
2. Permitted use;
3. Street setbacks on exterior streets in residential zones;
4. Surveying standards;
5. Engineering design and construction standards of public improvements;
6. Requirements of this code; Chapter 8.10, Mobile Home Park Standards.
C. Permitted Density. In single-family zones the permitted density in the zoning district may
be developed with townhouses of equivalent environmental impact. The number of
townhouses permitted shall be calculated as follows: Permitted single-family density x 1.43 =
The number of permitted townhouses. The number of permitted townhouses shall be rounded
to the nearest whole number.
D. Multiple Zones. If a planned area development is proposed within two or more zones, the
maximum number of dwelling units will be the total allowed in each zone combined. The
permitted land uses of the more restrictive zone shall apply to the entire planned area
development.
E. Required Open Space. A minimum of twenty-five percent of the total area of the planned
area development, not including dedications, driveways, parking areas, required street
setbacks, yards and land occupied by buildings, must be open space or occupied by
recreational structures such as swimming pools, game courts, and outdoor shelters. (Ord.
1524 § 5 (part), 1991).
Page 17 of 31
17.20.040 Submittal requirements.
In addition to the requirements specified in Sections 17.12.010 through 17.12.040 as to
preliminary and final plats, any proposed planned area development applications shall include
a binding site plan, a project description and an associated document, as follows:
A. Binding Site Plan. A binding site plan includes:
1. The location of all proposed structures;
2. A detailed landscape plan, indicating the location of existing vegetation to be retained,
location of vegetation and landscaping structures to be installed, the type of vegetation by
common name and taxonomic designation, and the installed and mature height of all
vegetation;
3. Schematic plans and elevations of proposed building samples of all exterior finish
material and colors, and the type and location of all exterior lighting, signs and accessory
structures.
B. Project Description. The project description is a written explanation of the design concept,
planned area development features, measures taken to meet the purposes of planned area
development, the proposed sequence and timing of development, the provisions of ownership
and management when developed and covenants or other controls which might influence the
development, operation or maintenance of the planned area development.
C. Associated Documents. Associated documents are and include the contents of the
documents of the owner’s association, bylaws, deeds, covenants and agreements governing
ownership, maintenance and operation of the planned area development. (Ord. 1524 § 5
(part), 1991).
17.20.050 Review, approvals and filing of proposed planned area developments.
A. Review Process. The planned area development shall be reviewed and approved in the
same manner as formal subdivisions are reviewed and approved.
B. Time Limit. The preliminary plat and/or the binding site plan approval for the entire
planned area development shall expire four years after preliminary approval.
C. Phased Developments. If a planned area development is planned to be completed in
more than two years from the date of preliminary plat/site plan approval, the planned area
development will be divided into phases or divisions of development, numbered sequentially
in the order construction is to occur. The preliminary plat site plan for each phase shall be
approved separately.
D. Divisions of Development. Each phase of a multi-phased planned area development shall
meet all the requirements of a planned area development independently.
E. Required Filing. In planned area developments not requiring a subdivision or dedication,
a binding site plan and accompanying documents shall be filed with the county auditor,
together with covenants running with the land, binding the site to development in accordance
with all the terms and conditions of approval.
F. Covenants. Planned area development covenants shall include a provision whereby
unpaid taxes on all property owned in common shall constitute a proportionate lien on all
property of each owner in common.
G. Document Review. All covenants, agreements, bylaws, and other documents related to
the planned area development shall be reviewed and approved by the city attorney before
final approval of the planned area development is given. (Ord. 1524 § 5 (part), 1991).
The Prosser Municipal Code is current through Ordinance 3263, passed November 26, 2024.
Disclaimer: The City Clerk’s office has the official version of the Prosser Municipal Code.
Users should contact the City Clerk’s office for ordinances passed subsequent to the
ordinance cited above.
City Website: https://cityofprosser.com/
Page 18 of 31
City Telephone: (509) 786-2332
Codification services provided by General Code
Consistent with Council Goal:
Goal #1: Livability & Quality of Life, Goal #2: Financial Sustainability, Goal #3: Promote
Economic Development & Jobs, Goal #4: Infrastructure & Transportation
Recommended Action/Suggested Motion:
Discussion Only
Reviewed by Department Reviewed by City Attorney: Approved by City
Director: Administrator:
Steve Zetz
Date: Dec 12, 2024 Date:
Date:
Page 19 of 31
CITY OF PROSSER, WASHINGTON
ORDINANCE NO. 24-3254
AN ORDINANCE DECLARING A MORATORIUM UPON THE FILING,
ACCEPTANCE, AND PROCESSING OF APPLICATIONS AND DEVELOPMENT
APPROVAL FOR THE USE OF PLANNED AREA DEVELOPMENTS CODIFIED IN
CHAPTER 17.20 OF THE PROSSER MUNICIPAL CODE. DURING THE TIME OF
THE MORATORIUM IS IN EFFECT, THE CITY WILL NOT ACCEPT ANY
APPLICATION, NOR PROCESS AN APPLICATION, SUBJECT TO THE TERMS OF
THIS ORDINANCE, FOR THE USE OF A PLANNED AREA DEVELOPMENT
CODIFIED IN CHAPTER 17.20 OF THE PROSSER MUNICIPAL CODE. THE
ORDINANCE ALSO SETS A PUBLIC HEARING ON SUCH MORATORIUM ON
OCTOBER 22, 2024 AT 7:00 P.M. AT PROSSER CITY HALL, CITY COUNCIL
CHAMBERS. THE ORDINANCE ALSO DECLARES AN EMERGENCY MAKING
THE EFFECTIVE DATE OF THIS ORDINANCE THE DATE OF THIS ORDINANCE
AND PROVIDES THAT ITS PROVISIONS ARE SEVERABLE FROM ONE ANOTHER
AND PROVIDES FOR PUBLICATION BY SUMMARY.
WHEREAS, the City Council finds that it is in the best interests of the City and its
citizens to impose a moratorium for a period of 6 months prohibiting the application and
processing of Planned Area Developments to provide time to review its development regulations
regarding Planned Area Development and to evaluate the best alternatives for the community;
and
WHEREAS, the language in Chapter 17.20 allows developers to increase density, but
does not provide for sufficient open space dedication to offset that increase in density; and
WHEREAS, the City of Prosser and its Planning Commission need to evaluate the
existing regulations for Planned Area Developments to insure that those regulations promote
increased density and provide sufficient open space to provide recreational opportunities for the
residents of the City and the residents of the Planned Area Development; and
WHEREAS, Washington law authorizes the City to adopt a moratorium with a public
hearing which must be held within sixty (60) days of the date of the adoption of a moratorium;
and
WHEREAS, the City Council has determined that the above recitals provide a factual
basis to declare that an emergency exits requiring this ordinance to be effective upon passage and
that it is in the best interest of the City that a moratorium be established to provide the City an
opportunity to study amending its regulations for Planned Area Developments, and to develop a
work plan for the implementation of such regulations;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PROSSER,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Page 20 of 31
Section 1. The City Council of the City of Prosser hereby imposes a moratorium upon
the filing, acceptance, and processing of applications and development approval for the use of
real property and improvements for Planned Area Developments. As used in this Ordinance,
"development approvals" includes any permit required from the City for development,
permission, construction, or siting of facilities described in this section, including business
registrations. During the time the moratorium is in effect, the City will not accept any
application, nor process an application, subject to the terms of this Ordinance for a Planned Area
Development codified in Chapter 17 .20 of the Prosser Municipal Code.
Section 2. The moratorium imposed by this Ordinance shall become effective on the
date hereof, and shall continue in effect for an initial period of six (6) months, unless repealed,
extended, or modified by the City Council after a public hearing and entry of appropriate
findings of fact as required by RCW 35A.63.220, provided, however, that the moratorium shall
automatically expire upon the effective date of zoning regulations adopted by the City Council to
amend or remove the development regulations for Planned Area Developments codified in
Prosser Municipal Code Chapter 17.20. The moratorium imposed by this Ordinance shall not
apply to any application which has vested in accordance with Washington State law or the
Prosser Municipal Code before the effective date of this ordinance.
Section 3. A public hearing shall be scheduled for 7:00 p.m., or as soon thereafter as the
matter may be heard, on October 22, 2024, at the City Council Chambers of the Prosser City
Hall, where Council will hear evidence and consider comments and testimony of those wishing
to speak at such public hearing regarding the moratorium. The City Clerk/Deputy City
Administrator is directed to cause appropriate notice of such hearing to be given.
Section 4. At the first Council Meeting following the public hearing, the City Council
shall adopt additional Findings of Fact justifying its actions before the public hearing, and
determine whether a work plan is necessary to address the issues involving Planned Area
Development and if appropriate, extending the moratorium to complete a work plan and
implementation of appropriate regulations.
Section 5. This Ordinance shall not be codified.
Section 6. The above "Whereas" clauses of this Ordinance constitute specific findings
by the Council in support of passage of this Ordinance.
Section 7. 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 8. The City Council declares that an emergency exists requiring passage of this
Ordinance for the protection of public health, safety, welfare, and peace based on the recitals set
forth above. This Ordinance shall take effect and be in full force immediately upon passage and
shall expire in six months, unless extended or released according to law or as may be earlier
Page 21 of 31
terminated in accordance with section 2 above. The City Clerk shall publish a summary of this
Ordinance consisting of its title.
ADOPTED by the City Council and APPROVED by the Mayor, this 24th day of
September, 2024.
MAYOR GARY VEGAR
ATTEST:
~RACC\LlQJfVl~ v
EL SHAW, DEPUTY CITY
ADMINISTRATOR/CLERK
APPROVED AS TO FORM:
~c:z
HOWARD SAXTON, CITY ATTORNEY
Date of Publication: I D (d-{ d"O ;;4-
Page 22 of 31
SUMMARY OF ORDINANCE NO. 24-3254
of the City of Prosser, Washington
On the 24th day of September, 2024, the City of Prosser, Washington, passed Ordinance
No. 24-3254. A summary of the content of said ordinance, consisting of the title, provides as
follows:
AN ORDINANCE DECLARING A MORATORIUM UPON THE FILING, ACCEPTANCE,
AND PROCESSING OF APPLICATIONS AND DEVELOPMENT APPROVAL FOR THE
USE OF PLANNED AREA DEVELOPMENTS CODIFIED IN CHAPTER 17 .20 OF THE
PROSSER MUNICIPAL CODE. DURING THE TIME OF THE MORATORIUM IS IN
EFFECT, THE CITY WILL NOT ACCEPT ANY APPLICATION, NOR PROCESS AN
APPLICATION, SUBJECT TO THE TERMS OF THIS ORDINANCE, FOR THE USE OF A
PLANNED AREA DEVELOPMENT CODIFIED IN CHAPTER 17.20 OF THE PROSSER
MUNICIPAL CODE. THE ORDINANCE ALSO SETS A PUBLIC HEARING ON SUCH
MORATORIUM ON OCTOBER 22, 2024 AT 7:00 P.M. AT PROSSER CITY HALL, CITY
COUNCIL CHAMBERS. THE ORDINANCE ALSO DECLARES AN EMERGENCY
MAKING THE EFFECTIVE DATE OF THIS ORDINANCE THE DATE OF THIS
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 ,d-S :.y '.:>f p~
of 2024
~ 1cbJnllyb
~L SHAW, DEPUTY CITY
ADMINISTRATOR/CITY CLERK
Page 23 of 31
CITY OF PROSSER, WASHINGTON
AGENDA BILL
Agenda Title: Meeting Date:
Discussion / Direction regarding Planned December 19, 2024
Area Development (Moratorium) Planning Commission Meeting
Item Type:
Discussion
Department: Director: Contact Person: Phone Number:
Planning Steve Zetz Steve Zetz 509-786-2332
Cost of Proposal: Fund Name and Number:
NA
Amount Budgeted:
Reviewed by Finance Department:
Attachments to Agenda Packet Item:
1. Ordinance
Summary Statement:
The Planning Commission is tasked with reviewing the Planned Area Development portion of
the Prosser Municipal Code. The changes can include modifications to the code, or repealing
it in favor of an alternative code, or modifications to the existing subdivision process. Council
has asked staff to eliminate the use of private roads within the development code and adopt a
smaller public road standard in its place. The Planning Commission will also need to review
and strengthen the open space requirements within the code as well as reviewing the criteria
which would allow for a PAD application.
Staff has four months to complete the draft changes and present them to Council.
Chapter 17.20
PLANNED AREA DEVELOPMENTS*
Sections:
17.20.010 Planned area development defined.
17.20.020 Purposes of a planned area development.
Page 24 of 31
17.20.030 General requirements of a planned area development.
17.20.040 Submittal requirements.
17.20.050 Review, approvals and filing of proposed planned area developments.
* For statutory regulation of preliminary plats, see RCW 58.17.070. Prior ordinance: Ord.
622.
17.20.010 Planned area development defined.
A planned area development is an alternate form of subdivision and development regulation
to provide a more flexible method of development of land. (Ord. 1524 § 5 (part), 1991).
17.20.020 Purposes of a planned area development.
The purposes of a planned area development are:
A. To allow for creative development equal to or superior to traditional lot-by-lot
development;
B. To preserve open space, natural vegetation, water courses, wetlands, historic buildings
and places, and other community values;
C. To provide more efficient street and utility systems by clustering buildings;
D. To provide for a variety of housing types in one development with architectural design
compatibility;
E. To provide integrated landscape development;
F. To provide for the integration of new development into the existing community while
protecting and preserving the values of the surrounding neighborhood;
G. To provide for the development of mobile home parks, subject to the provisions of
Chapter 8.10 of this code pertaining to mobile home park standards. (Ord. 1524 § 5 (part),
1991).
17.20.030 General requirements of a planned area development.
The general requirements of a planned area development are as follows:
A. Minimum Size. Planned area developments may be located on a minimum of 2.5 acres of
land in any zone and are subject to the use restrictions in that zone except as noted below.
B. Permitted Modifications. All zoning and subdivision requirements may be modified in a
planned area development in the interest of the expressed purposes above, except:
1. Building height;
2. Permitted use;
3. Street setbacks on exterior streets in residential zones;
4. Surveying standards;
5. Engineering design and construction standards of public improvements;
6. Requirements of this code; Chapter 8.10, Mobile Home Park Standards.
C. Permitted Density. In single-family zones the permitted density in the zoning district may
be developed with townhouses of equivalent environmental impact. The number of
townhouses permitted shall be calculated as follows: Permitted single-family density x 1.43 =
The number of permitted townhouses. The number of permitted townhouses shall be rounded
to the nearest whole number.
D. Multiple Zones. If a planned area development is proposed within two or more zones, the
maximum number of dwelling units will be the total allowed in each zone combined. The
permitted land uses of the more restrictive zone shall apply to the entire planned area
development.
E. Required Open Space. A minimum of twenty-five percent of the total area of the planned
area development, not including dedications, driveways, parking areas, required street
setbacks, yards and land occupied by buildings, must be open space or occupied by
recreational structures such as swimming pools, game courts, and outdoor shelters. (Ord.
1524 § 5 (part), 1991).
Page 25 of 31
17.20.040 Submittal requirements.
In addition to the requirements specified in Sections 17.12.010 through 17.12.040 as to
preliminary and final plats, any proposed planned area development applications shall include
a binding site plan, a project description and an associated document, as follows:
A. Binding Site Plan. A binding site plan includes:
1. The location of all proposed structures;
2. A detailed landscape plan, indicating the location of existing vegetation to be retained,
location of vegetation and landscaping structures to be installed, the type of vegetation by
common name and taxonomic designation, and the installed and mature height of all
vegetation;
3. Schematic plans and elevations of proposed building samples of all exterior finish
material and colors, and the type and location of all exterior lighting, signs and accessory
structures.
B. Project Description. The project description is a written explanation of the design concept,
planned area development features, measures taken to meet the purposes of planned area
development, the proposed sequence and timing of development, the provisions of ownership
and management when developed and covenants or other controls which might influence the
development, operation or maintenance of the planned area development.
C. Associated Documents. Associated documents are and include the contents of the
documents of the owner’s association, bylaws, deeds, covenants and agreements governing
ownership, maintenance and operation of the planned area development. (Ord. 1524 § 5
(part), 1991).
17.20.050 Review, approvals and filing of proposed planned area developments.
A. Review Process. The planned area development shall be reviewed and approved in the
same manner as formal subdivisions are reviewed and approved.
B. Time Limit. The preliminary plat and/or the binding site plan approval for the entire
planned area development shall expire four years after preliminary approval.
C. Phased Developments. If a planned area development is planned to be completed in
more than two years from the date of preliminary plat/site plan approval, the planned area
development will be divided into phases or divisions of development, numbered sequentially
in the order construction is to occur. The preliminary plat site plan for each phase shall be
approved separately.
D. Divisions of Development. Each phase of a multi-phased planned area development shall
meet all the requirements of a planned area development independently.
E. Required Filing. In planned area developments not requiring a subdivision or dedication,
a binding site plan and accompanying documents shall be filed with the county auditor,
together with covenants running with the land, binding the site to development in accordance
with all the terms and conditions of approval.
F. Covenants. Planned area development covenants shall include a provision whereby
unpaid taxes on all property owned in common shall constitute a proportionate lien on all
property of each owner in common.
G. Document Review. All covenants, agreements, bylaws, and other documents related to
the planned area development shall be reviewed and approved by the city attorney before
final approval of the planned area development is given. (Ord. 1524 § 5 (part), 1991).
The Prosser Municipal Code is current through Ordinance 3263, passed November 26, 2024.
Disclaimer: The City Clerk’s office has the official version of the Prosser Municipal Code.
Users should contact the City Clerk’s office for ordinances passed subsequent to the
ordinance cited above.
City Website: https://cityofprosser.com/
Page 26 of 31
City Telephone: (509) 786-2332
Codification services provided by General Code
Consistent with Council Goal:
Goal #1: Livability & Quality of Life, Goal #2: Financial Sustainability, Goal #3: Promote
Economic Development & Jobs, Goal #4: Infrastructure & Transportation
Recommended Action/Suggested Motion:
Discussion Only
Reviewed by Department Reviewed by City Attorney: Approved by City
Director: Administrator:
Steve Zetz
Date: Dec 12, 2024 Date:
Date:
Page 27 of 31
CITY OF PROSSER, WASHINGTON
ORDINANCE NO. 24-3254
AN ORDINANCE DECLARING A MORATORIUM UPON THE FILING,
ACCEPTANCE, AND PROCESSING OF APPLICATIONS AND DEVELOPMENT
APPROVAL FOR THE USE OF PLANNED AREA DEVELOPMENTS CODIFIED IN
CHAPTER 17.20 OF THE PROSSER MUNICIPAL CODE. DURING THE TIME OF
THE MORATORIUM IS IN EFFECT, THE CITY WILL NOT ACCEPT ANY
APPLICATION, NOR PROCESS AN APPLICATION, SUBJECT TO THE TERMS OF
THIS ORDINANCE, FOR THE USE OF A PLANNED AREA DEVELOPMENT
CODIFIED IN CHAPTER 17.20 OF THE PROSSER MUNICIPAL CODE. THE
ORDINANCE ALSO SETS A PUBLIC HEARING ON SUCH MORATORIUM ON
OCTOBER 22, 2024 AT 7:00 P.M. AT PROSSER CITY HALL, CITY COUNCIL
CHAMBERS. THE ORDINANCE ALSO DECLARES AN EMERGENCY MAKING
THE EFFECTIVE DATE OF THIS ORDINANCE THE DATE OF THIS ORDINANCE
AND PROVIDES THAT ITS PROVISIONS ARE SEVERABLE FROM ONE ANOTHER
AND PROVIDES FOR PUBLICATION BY SUMMARY.
WHEREAS, the City Council finds that it is in the best interests of the City and its
citizens to impose a moratorium for a period of 6 months prohibiting the application and
processing of Planned Area Developments to provide time to review its development regulations
regarding Planned Area Development and to evaluate the best alternatives for the community;
and
WHEREAS, the language in Chapter 17.20 allows developers to increase density, but
does not provide for sufficient open space dedication to offset that increase in density; and
WHEREAS, the City of Prosser and its Planning Commission need to evaluate the
existing regulations for Planned Area Developments to insure that those regulations promote
increased density and provide sufficient open space to provide recreational opportunities for the
residents of the City and the residents of the Planned Area Development; and
WHEREAS, Washington law authorizes the City to adopt a moratorium with a public
hearing which must be held within sixty (60) days of the date of the adoption of a moratorium;
and
WHEREAS, the City Council has determined that the above recitals provide a factual
basis to declare that an emergency exits requiring this ordinance to be effective upon passage and
that it is in the best interest of the City that a moratorium be established to provide the City an
opportunity to study amending its regulations for Planned Area Developments, and to develop a
work plan for the implementation of such regulations;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PROSSER,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Page 28 of 31
Section 1. The City Council of the City of Prosser hereby imposes a moratorium upon
the filing, acceptance, and processing of applications and development approval for the use of
real property and improvements for Planned Area Developments. As used in this Ordinance,
"development approvals" includes any permit required from the City for development,
permission, construction, or siting of facilities described in this section, including business
registrations. During the time the moratorium is in effect, the City will not accept any
application, nor process an application, subject to the terms of this Ordinance for a Planned Area
Development codified in Chapter 17 .20 of the Prosser Municipal Code.
Section 2. The moratorium imposed by this Ordinance shall become effective on the
date hereof, and shall continue in effect for an initial period of six (6) months, unless repealed,
extended, or modified by the City Council after a public hearing and entry of appropriate
findings of fact as required by RCW 35A.63.220, provided, however, that the moratorium shall
automatically expire upon the effective date of zoning regulations adopted by the City Council to
amend or remove the development regulations for Planned Area Developments codified in
Prosser Municipal Code Chapter 17.20. The moratorium imposed by this Ordinance shall not
apply to any application which has vested in accordance with Washington State law or the
Prosser Municipal Code before the effective date of this ordinance.
Section 3. A public hearing shall be scheduled for 7:00 p.m., or as soon thereafter as the
matter may be heard, on October 22, 2024, at the City Council Chambers of the Prosser City
Hall, where Council will hear evidence and consider comments and testimony of those wishing
to speak at such public hearing regarding the moratorium. The City Clerk/Deputy City
Administrator is directed to cause appropriate notice of such hearing to be given.
Section 4. At the first Council Meeting following the public hearing, the City Council
shall adopt additional Findings of Fact justifying its actions before the public hearing, and
determine whether a work plan is necessary to address the issues involving Planned Area
Development and if appropriate, extending the moratorium to complete a work plan and
implementation of appropriate regulations.
Section 5. This Ordinance shall not be codified.
Section 6. The above "Whereas" clauses of this Ordinance constitute specific findings
by the Council in support of passage of this Ordinance.
Section 7. 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 8. The City Council declares that an emergency exists requiring passage of this
Ordinance for the protection of public health, safety, welfare, and peace based on the recitals set
forth above. This Ordinance shall take effect and be in full force immediately upon passage and
shall expire in six months, unless extended or released according to law or as may be earlier
Page 29 of 31
terminated in accordance with section 2 above. The City Clerk shall publish a summary of this
Ordinance consisting of its title.
ADOPTED by the City Council and APPROVED by the Mayor, this 24th day of
September, 2024.
MAYOR GARY VEGAR
ATTEST:
~RACC\LlQJfVl~ v
EL SHAW, DEPUTY CITY
ADMINISTRATOR/CLERK
APPROVED AS TO FORM:
~c:z
HOWARD SAXTON, CITY ATTORNEY
Date of Publication: I D (d-{ d"O ;;4-
Page 30 of 31
SUMMARY OF ORDINANCE NO. 24-3254
of the City of Prosser, Washington
On the 24th day of September, 2024, the City of Prosser, Washington, passed Ordinance
No. 24-3254. A summary of the content of said ordinance, consisting of the title, provides as
follows:
AN ORDINANCE DECLARING A MORATORIUM UPON THE FILING, ACCEPTANCE,
AND PROCESSING OF APPLICATIONS AND DEVELOPMENT APPROVAL FOR THE
USE OF PLANNED AREA DEVELOPMENTS CODIFIED IN CHAPTER 17 .20 OF THE
PROSSER MUNICIPAL CODE. DURING THE TIME OF THE MORATORIUM IS IN
EFFECT, THE CITY WILL NOT ACCEPT ANY APPLICATION, NOR PROCESS AN
APPLICATION, SUBJECT TO THE TERMS OF THIS ORDINANCE, FOR THE USE OF A
PLANNED AREA DEVELOPMENT CODIFIED IN CHAPTER 17.20 OF THE PROSSER
MUNICIPAL CODE. THE ORDINANCE ALSO SETS A PUBLIC HEARING ON SUCH
MORATORIUM ON OCTOBER 22, 2024 AT 7:00 P.M. AT PROSSER CITY HALL, CITY
COUNCIL CHAMBERS. THE ORDINANCE ALSO DECLARES AN EMERGENCY
MAKING THE EFFECTIVE DATE OF THIS ORDINANCE THE DATE OF THIS
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 ,d-S :.y '.:>f p~
of 2024
~ 1cbJnllyb
~L SHAW, DEPUTY CITY
ADMINISTRATOR/CITY CLERK
Page 31 of 31
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