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HomeMy WebLinkAbout2023.04.10 Council Workshop Packet AGENDA City Council Workshop Meeting 7:00 PM - Monday, April 10, 2023 Pasco City Hall, Council Chambers & GoToWebinar Page 1. MEETING INSTRUCTIONS for REMOTE ACCESS - The Pasco City Council Workshops are broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive and on the City’s Facebook page at www.facebook.com/cityofPasco. To listen to the meeting via phone, call (415) 655-0060 and use access code 307-404-066. 2. CALL TO ORDER 3. ROLL CALL (a) Pledge of Allegiance 4. VERBAL REPORTS FROM COUNCILMEMBERS 5. ITEMS FOR DISCUSSION 4 - 5 (a) TRIDEC Shoreline Reconveyance Initiative Update David Reepleog, TRIDEC VP of Federal Programs, will provide an update on the latest with regard to the regional rivershore reconveyance effort. 6 - 19 (b) Resolution - Pasco Public Facilities District Interlocal Agreement 20 - 60 (c) Ordinance - Amending Pasco Municipal Code Chapter 25.127 - Zoning from Waterfront Development District to Mixed Use District 61 - 66 (d) Update on Housing and Transportation Efforts 67 - 84 (e) Resolution - Lewis Street Overpass Change Orders Page 1 of 86 6. MISCELLANEOUS COUNCIL DISCUSSION 7. EXECUTIVE SESSION (a) 20 Minutes to discuss the following items: • Discussion with legal counsel about current or potential litigation per RCW 42.30.110(1)(i) • Qualifications of an applicant for public employment per RCW 42.30.110(1)(g) 8. ADJOURNMENT 9. ADDITIONAL NOTES 85 - 86 (a) Adopted 2020-2021 Council Goals (Reference Only) (b) REMINDERS • Monday, April 10th, 11:45 AM: Pasco Chamber of Commerce Membership Lunch Meeting – Pasco Red Lion Hotel • Monday, April 10th, 6:00 PM: Old Fireman’s Pension Board Meeting – City Hall Conference Room 1, Pasco City Hall (MAYOR BLANCHE BARAJAS, Rep.; MAYOR PRO TEM CRAIG MALONEY, Alt.) • Wednesday, April 12th, 10:00 AM: Arbor Day event (Proclamation and Tree Planting) as Kurtzman Park (ALL COUNCIL INVITED) • Wednesday, April 12th, 5:45 PM: Tri-Cities Regional Public Facilities District Board Meeting – Zoom Meeting (COUNCILMEMBERS, DAVID MILNE, CRAIG MALONEY & JOSEPH CAMPOS Reps) • Thursday, April 13th, 4:00 PM: Ben Franklin Transit Executive Committee Meeting – BFT Manager Conference Room (COUNCILMEMBER JOSEPH CAMPOS Rep.) • Monday, April 17th, 6:00 PM: LEOFF Disability Board – City Hall Conference Room 1, Pasco City Hall (MAYOR BLANCH BARAJAS, Rep.; MAYOR PRO TEM CRAIG MALONEY, 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. Page 2 of 86 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 86 AGENDA REPORT FOR: City Council February 27, 2023 TO: Adam Lincoln, Interim City Manager City Council Workshop Meeting: 4/10/23 FROM: Zach Ratkai, Director Administrative & Community Services SUBJECT: TRIDEC Shoreline Reconveyance Initiative Update I. REFERENCE(S): Presentation by David Reepleog from the Tri-City Development Council (TRIDEC) II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: David Reepleog, TRIDEC VP of Federal Programs, will provide an update on the latest with regard to the regional rivershore reconveyance effort. III. FISCAL IMPACT: None identified at this time. IV. HISTORY AND FACTS BRIEF: For the past couple years, the Tri-Cities region, facilitated through Tri-City Development Council (TRIDEC), has been discussing the reconveyance of the Columbia River shoreline from Federal control to local agencies. The United States Army Corps of Engineers (Corps) owns significant property in the Tri-Cities. Most of the Corps' land is managed by local government for recreational purposes, while other land is self-managed by the Corps for recreation and flood control. Since that time, the regional effort has focused on working with our tribal partners, mainly the Confederation Tribes of the Umatilla Indian Reservation (CTUIR) with outreach to the Yakama Tribe. Page 4 of 86 V. DISCUSSION: TRIDEC will join City Staff to discuss a regional shoreline property reconveyance effort including concepts of a memorandum of agreement with the Confederated Tribes of the Umatilla Indian Reservation. Page 5 of 86 AGENDA REPORT FOR: City Council April 5, 2023 TO: Adam Lincoln, Interim City Manager City Council Regular Meeting: 4/10/23 FROM: Zach Ratkai, Director Administrative & Community Services SUBJECT: Resolution - Pasco Public Facilities District Interlocal Agreement I. REFERENCE(S): Draft Resolution Proposed ILA 2013 ILA II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: The minimum monthly rate for City support of Pasco Public Facility District operations is $9,500. Revenues may prove to be higher depending upon City support of Pasco Public Facility District needs in excess of services supplied included in the base compensation. IV. HISTORY AND FACTS BRIEF: The Pasco Public Facilities District (PPFD) was initially formed on July 15, 2002, by City Council through Ordinance No. 3558 and was granted all powers provided by the Washington State law pursuant to RCW 35.57.010. The PPFD Board successfully placed on the April 26, 2022 special election a ballot measure asking of the voters whether there should be an additional 2/10ths of 1% sales and use tax imposed to fund an aquatics facility, a long -term City Council goal, which passed with a majority of the vote. The successful outcome of the election has enabled the PPFD Board to begin planning its efforts to formalize its operations, and to design, build, and operate an aquatics facility. Page 6 of 86 In September 2022, the PPFD Board selected Matt Watkins as the PPFD Executive Director/Project Manager to oversee the development of the Aquatics Facility. V. DISCUSSION: The current ILA, executed in 2013, does not capture all of the current costs the City has been providing the PPFD and with the Aquatics Facility project underway, it was time to reassess the services that the City provides to the PPFD and be compensated appropriately. The additional services include Public Work staff assisting with the Project, as well as additional financial services that are required for this major project. At the March 2023 meeting, the PPFD Board approved a new Interlocal Agreement (ILA) with the City of Pasco for continued administrative, financial & legal services for Phase I (up to occupancy of facility) of the project. The ILA is attached for Council review and staff is available to answer questions. The proposed ILA should sufficiently cover the costs (staff time, supplies, resources, etc.) incurred by the City for the PPFD activities. This item is scheduled to come back for Council approval at the April 17, 2023, meeting. Page 7 of 86 Resolution – 2023 PPFD ILA - 1 RESOLUTION NO. ____ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE PASCO PUBLIC FACILITIES DISTRICT AND THE CITY OF PASCO FOR FORMALIZATION OF COOPERATIVE RELATIONSHIPS. WHEREAS, RCW 39.34, INTERLOCAL COOPERATION ACT, authorizes political subdivisions to jointly exercise their powers, privileges, or authorities with other political subdivisions of this state through the execution of an interlocal cooperative or interagency agreement; and, WHEREAS, the Pasco Public Facilities District (PPFD) was duly formed pursuant to Chapter 35.57 of the Revised Code of Washington on July 15, 2002, by the adoption of City of Pasco (City) Ordinance No. 3558, and granted all powers provided by law pursuant to RCW 35.57.010; and ; and WHEREAS, on February 19, 2013, the PPFD and the City entered into an Interlocal Agreement for Administrative Services; and WHEREAS, on April 26, 2022, the PPFD Ballot Proposition No. 1, imposing two-tenths of one percent (2/10 of 1%) sales and use tax for the purpose of providing funds for the costs associated with the design, construction, and operation of an indoor/outdoor aquatic c enter including a competition pool, was submitted to the voters of the District through the Franklin County Auditor’s Office, and the same did pass by a majority vote of those voting within the District; and WHEREAS, the PPFD Resolution No. 2022-03 provided for the implementation of Voter Authorized Tax. The Board of Directors of the PPFD shall implement the voter authorized 2/10 of 1% sales and use tax consistent with RCW 82.14.048 for the purpose of providing funds for the costs associated with the design, construction, and operation of an indoor/outdoor aquatic center including a competition pool; and WHEREAS, with the approval of the Ballot Proposition No. 1 and the receipt of the voter authorized 2/10 of 1% sales and use tax, there is a need to end the current Interlocal Agreement with the City for administrative services and implement a new Interlocal Agreement with the City for the purpose of assisting the PPFD with the design and construction of an indoor/outdoor aquatic center as well as continue with the administrative services for the PPFD. WHEREAS, the City Council of the City of Pasco, Washington, has after due consideration, determined that it is in the best interest of the City of Pasco to enter into the new interlocal agreement, replacing the interlocal agreement from 2013, to update and formalize relationships with the Pasco Public Facilities District. Page 8 of 86 Resolution – 2023 PPFD ILA - 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1. That the City Council of the City of Pasco approves the terms and conditions of the Interlocal Agreement between the Pasco Public Facilities District and the City of Pasco; a copy of which is attached hereto and incorporated herein by reference as Exhibit A; and Section 2. The City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to sign and execute said Agreement on behalf of the City of Pasco. Be It Further Resolved, that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 202_. _____________________________ Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 9 of 86 P a g e | 1 INTERLOCAL AGREEMENT between THE CITY OF PASCO, WASHINGTON and THE PASCO PUBLIC FACILITIES DISTRICT for ADMINISTRATIVE, FINANCIAL, AND LEGAL SERVICES THIS AGREEMENT, is made and entered into this ___ day of ________________, 2023 between the City of Pasco, Washington, a Municipal Corporation, hereinafter referred to as the "City"; and the Pasco Public Facilities District, a Municipal Corporation, hereinafter referred to as "District" and agrees to the following terms: WHEREAS, the District was created pursuant to Chapter 35.57 of the Revised Code of Washington for the purposes of acquiring, constructing, operating and financing one or more regional centers through cooperative and joint ventures with one or more qualifying public facilities district; and WHEREAS, the District possesses, by law, all of the usual powers of a corporation for public purposes, as well as all other powers that may now or hereafter be specifically conferred by statute, including but not limited to the authority to hire employees, staff, and services, as well as to enter into contracts and agreements; and WHEREAS, the District desires to contract with the City of Pasco for the purpose of securing those services necessary for fulfillment of the District' s functions. NOW THEREFORE, in consideration of the mutual covenant contained herein, the parties agree as follows: SECTION I PURPOSE The purpose of this Interlocal Agreement is to create a cooperative basis upon which the Board may utilize the personnel, services, and resources of the City to fulfill its statutory function and to provide the basis of compensation to the City for such services. SECTION II SERVICES PROVIDED BY THE CITY The City shall provide, at the request of the District, the following services: (1) The City Clerk shall serve as the ex officio secretary of the Board for the purpose of acceptance of claims, statutory notice of public meetings, repository of official records of the District; keep and maintain minutes of District Board meetings (including recorded records) and provide for the public inspection and copying of Page 10 of 86 P a g e | 2 such records in accordance with the policies and such of the City and the Revised Code of Washington. a. City Clerk and Public Records - The Pasco City Clerk or their designee shall provide support services to the District in the following: i. Meeting Support, Agenda coordination, advertisement, general correspondence with District members. ii. Stewardship of public records, including records management, maintenance, storage. iii. Coordination of public records request in accordance with all applicable OPMA regulations, RCWs, and PMCs. (2) The City Attorney shall serve as the attorney for the District unless a conflict arises and the District will have to obtain separate legal counsel. (3) The City Manager, or their designee, shall serves as the primary liaison between the City and the District. a. Senior Staff Support - The Pasco City Manager, and their designee shall provide support services to the District in the following: i. General coordination between District Board Members and District staff with the Pasco City Council and City staff ii. Staff liaison support to the District Executive Director iii. Staff support for all City-led efforts outlined herein. iv. Coordination of real estate transactions v. Coordination of applicable Interlocal Agreements vi. Development of policy (4) The Finance Director, or their Designee, shall serve as the financial officer for the district. Duties include preparing quarterly and annual financial reports, including claims, revenue/expense reports, perform all accounts payable and receivable. a. Upon the direction of the District, the City shall: i. Assist in coordinating Bond application and process. ii. Establishing operations and revenue funding for the facility. (5) Other City officials, employees, or agents providing specific or specialized services as may be necessary. (6) The City shall provide meeting space for the conduct of all District meetings. Page 11 of 86 P a g e | 3 SECTION III PAYMENT FOR SERVICES The City shall charge to the District and the District shall pay to the City the base amount of $9,500 per month to supply such services specified in Exhibit A. Any additional services provided will be charged in accordance to Exhibit B and will be billed separately, monthly. City Attorney services rendered for the District shall be charged in addition to the above monthly charge and billed separately. SECTION IV INTERLOCAL COOPERATIVE ACT PROVISION The District shall be solely responsible for all costs, materials, supplies and services necessary for its performance under the terms of this Agreement. All property and materials secured by the District in the performance of this Agreement shall remain the sole property of the District. All funding incident to the fulfillment of this Interlocal Agreement, shall be borne by the party necessary for the fulfillment of their responsibilities under the terms of this Agreement. No special budgets or funds are anticipated, nor shall be created incident to this Interlocal Agreement. It is not the intention that a separate legal entity be established to conduct the cooperative undertakings, nor is the acquisition, holding, or disposition of any real or personal property anticipated under the specific terms of this Agreement. The District shall adopt and follow City policies and procedures when deemed efficient and in compliance with applicable regulations. The City Manager of the City of Pasco, Washington, shall be designated as the Administrator of this Interlocal Cooperative Agreement. SECTION V TERM OF AGREEMENT The initial term of this Agreement shall commence on the 1st day of January 2023, and terminate on the 31st day of December 2025 or when the Certificate of Occupancy is received for the facility, whichever is sooner. Once the facility is operational, it is likely that the scope of services needed will significantly change and/or increase. Upon completion of construction, the District and City will assess the format of future collaboration including the scope of services or management of needs in-house by the District. SECTION VI ENTIRE AGREEMENT This Agreement contains all the terms and conditions agreed upon by the parties. All items incorporated by reference are attached. No other understandings, verbal or otherwise, in regard to the subject matter of this Agreement, shall be deemed to exist. Any modifications to this Agreement shall be in writing and signed by both parties to be effective. Page 12 of 86 P a g e | 4 SECTION VII APPLICABLE LAW This Agreement is governed, construed and enforced in accordance with the substantive laws of the State of Washington. Should any dispute arise concerning the enforcement, breach, or interpretation of this Agreement, venue shall be placed in Franklin County, Washington, and the prevailing party shall be entitled to its reasonable attorney fees and costs as additional judgment. SECTION VIII AUTHORITY FOR EXECUTION Each of the parties warrants and represents that its representatives, whose signatures are below, possess all required authority to sign this Agreement and such powers have not, as of the date of this Agreement, been revoked or revised. IN WITNESS WHEREOF, the parties have executed this Agreement by the duly authorized officers on the day and year first written above. PASCO PUBLIC FACILITIES DISTRICT CITY OF PASCO By: _________________________________ By: ________________________________ Mark Morrissette, Chair Adam R. Lincoln, Interim City Manager Attested to by: ____________________________ Debra Barham, CMC, City Clerk Page 13 of 86 P a g e | 5 Exhibit A City of Pasco Base Compensation Hours Rate* Cost Accounting – reporting, debt service management, budget monitoring, general ledger maintenance, audit assistance, monthly tax filing with Dept. of Revenue 20 hrs/wk $41 $3,280 Accounts Payable – audit invoices and process payment. Does not include entering invoices 4 hrs/wk $29 $464 Accounts Receivable/Revenue Collections – receipt revenue and bank deposits 4 hrs/wk $31 $496 Administrative Oversight – involvement of management (Finance Director and/or Finance Manager) 10 hrs/mth $76 $760 Senior Staff Support – all items listed in Section VII – III 20 hrs/mth $84 $1,680 City Clerk support – all items listed in Section VII – II, except for public records requests 12 hrs/mth $45 $540 Monthly overhead rate – includes overhead for space, IT support, board meeting support $2,280 Monthly Total $9,500 *Rates will increase by 5% annually, effective Jan. 1 of each year. Page 14 of 86 P a g e | 6 Exhibit B City of Pasco Additional Compensation • Any additional hour spent by Finance staff above what is listed in Exhibit A will be billed by .5 hour increments at the corresponding rate. • If Finance staff not listed in Exhibit A is required to meet the needs of the District, such as Payroll, Treasury or Procurement, then District will be billed by .5 hour increments at that employee’s current rate. • Any additional hour spent by City Clerk staff above what is listed in Exhibit A will be billed by .5 hour increments at the corresponding rate. • City Clerk time spent on public records requests will be charged $45 per hour for time spent above 2 hours per request. Page 15 of 86 Page 16 of 86 Page 17 of 86 Page 18 of 86 Page 19 of 86 AGENDA REPORT FOR: City Council April 5, 2023 TO: Adam Lincoln, Interim City Manager City Council Workshop Meeting: 4/10/23 FROM: Rick White, Director Community & Economic Development SUBJECT: Ordinance - Amending Pasco Municipal Code Chapter 25.127 - Zoning from Waterfront Development District to Mixed Use District I. REFERENCE(S): Draft Ordinance Proposal Narrative (Prepared by Applicant) Summary of Changes (Prepared by Applicant) Staff Report and Meeting Minutes from Planning Commission Dated 01/19/2023 PowerPoint Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The City has received a request for a zoning code amendment to the Waterfront Development District Zoning District (WDD) and for the establishment of a new Mixed Use (MU) Zoning District. The Pasco Municipal Code (PMC) Section 25.210.020 states that any person, firm, corporation, or group of individuals or municipal department may petition the Pasco City Council for a zone or text change. The Waterfront Development District (adopted January 2021, via Ordinance No. 4514) was established to allow the location of a compatible mix of commercial, residential, and recreational uses on parcels situated close to the Columbia River waterfront and within the Osprey Pointe property, historically owned by the Port of Pasco. Outside of the WDD, the City does not provide development standards or regulations for mixed-use projects, sites, or buildings. Page 20 of 86 The request for a Pasco Municipal Code (PMC) amendment would identify a set of modifications to the WDD that would facilitate mixed -use citywide, and be implemented under the current Comprehensive Plan Land Use of Mixed Residential and Commercial. The new Mixed Use (MU) Zoning District would allow a compatible, integrated mix of commercial, office, education, civic/government use, open space, recreational and park uses, and residential uses. Policy Guidance The proposed code amendment would implement and is supportive of the following policy references: • 2018-2038 Pasco Comprehensive Plan o Land Use Policy 4-F: Support mixed-use, smart growth, infill, and compact developments with transit and pedestrian amenities that promote a healthy community. o Land Use Policy 5-A: Allow a variety of residential densities throughout the UGA o Land Use Policy 6-C: Ensure attractive hubs for activity by maintaining and applying design standards and guidelines that will enhance the built environment of each community o Housing Policy 3-A: Encourage innovative techniques in the design of residential neighborhoods and mixed-use areas to provide character and variety in the community. o Housing Policy 4-C: Increase housing supply and diversity through appropriate and flexible development standards. o Economic Development Policy 1-F: Support and encourage residential/commercial mixed-duse provide that evelopments neighborhood shopping and services and promote walkable neighborhoods. o Transportation Element Policy 1-D: Encourage multi-modal street design with traffic calming and safety in consideration of surrounding land uses. • City Council 2022-2023 Goals o Economic Vitality Applicability and Implementation The Mixed-Use Zoning District would apply to Mixed Residential and Commercial Land Use designations. The Mixed Residential and Commercial Land Use covers approximately 430 acres of land within the Pasco Urban Growth Area. As indicated in the 2018 -2038 Comprehensive Plan, and codified in PMC 25.215.015, the intent of the Mixed Residential and Commercial Land Use is to allow a combination of residential and commercial uses within the same development or development site. This land use also encourages a variet y of housing types ranging from single-family to townhomes, apartments, and condominiums at a density of 5 to 29 units per acre. Page 21 of 86 While the Comprehensive Plan encourages mixed -use developments, there is not a zoning district that would enable this citywid e. The proposed amendment would implement the Mixed Residential and Commercial Land Use, allowing an applicant to utilize the proposed zoning district to meet the intent of the Comprehensive Plan. Implementation of the proposed code amendment would require a rezone that is in conformance with the Comprehensive Plan. For example, a parcel that is currently zoned C-1 in the Mixed Residential and Commercial Land Use designation may apply for a rezone to the new MU (Mixed-Use District). This requires a public hearing with the Pasco Hearing Examiner, followed by final approval by the Pasco City Council. Subsequent permits for buildings and projects would then be required to conform with established Mixed Use District standards. Environmental Determination City A 2022. 29, November Application on Notice the issued staff of Determination of Non-Significance was published on December 28, 2022, and no comments were received on the SEPA Determination. This proposed zoning code was considered at a Council Workshop in late February this year. V. DISCUSSION: The proposed PMC amendment was considered at three meetings with the Planning Commission, including two (2) public hearings held in December 2022, and January 2023. While no public comments were received, staf f did make minor modifications, with the support of the proposal applicant. Department staff recommended that the proposal amend an existing Waterfront Development Zoning District, rather than create an entirely new and separate zoning district. The proposed amendment calls out where the existing Waterfront Development District shall be enforced (for example, within the Osprey Pointe) and where the new citywide proposal is to be applied. The proposed PMC amendment meets several comprehensive plan goals a nd policies and addresses a deficiency in the regulations. Several questions and comments were shared during the City Council Workshop held in February 2023. A summary of the discussion, with responses, has been provided below: Recreational Uses: • The purpose statement of the proposed district has been updated to emphasize the accessibility and proximity of recreational sites and uses. Relationship to PMC (Fences, Pets, etc.) • The reference of other provisions of the PMC, such as a fence or pet regulations, is to ensure consistency between zoning districts. Page 22 of 86 Connectivity/Transportation • Reduced block lengths increase walkability and accessibility within and around a site. Mixed-Use developments are afforded more options for mode choice with reduced block sizes. Cul-de-sacs limit access and reduce opportunities for higher-intensity uses to meet the level of service standards for transportation. Provisions for transportation connect ivity in the proposal align with best practices for mixed-use developments. Staff is seeking additional input and comments on the proposed code amendment. Staff notes that the proposal makes references to existing codes in the PMC. As amendments to the PMC occur, it is the expectation that all references will be updated, as applicable. Page 23 of 86 Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 1 ORDINANCE NO. __________ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE PASCO MUNICIPAL CODE SECTION 25.20.010 “ESTABLISHMENT OF ZONING DISTRICTS” AND CHAPTER 25.127 “WD WATERFRONT DEVELOPMENT DISTRICT” REPLACING THE “WD DISTRICT” TO “MU MIXED-USE DISTRICT.” WHEREAS, the City of Pasco, pursuant to PMC 21.05.020, has identified the benefits in regulating the division of land within the Pasco Urban Growth Area to promote the health, safety, convenience, comfort, urban infill, prosperity, and general welfare of the present and future residents of the Pasco Urban Growth Area; and WHEREAS, the 2018-2038 Pasco Comprehensive Plan Land Use Policy 4-C encourages the development of walkable communities by increasing mixed -use developments that provide households with neighborhood and commercial shopping opportunities; and WHEREAS, the 2018-2038 Pasco Comprehensive Plan Land Use Policy 4-F supports mixed-use, smart growth, and compact developments with transit and pedestrian amenities that promote a healthy community; and WHEREAS, in January 2021, the Pasco City Council adopted Ordinance No. 4514, establishing a new Waterfront Development District, in collaboration with the Port of Pasco and their efforts to develop Osprey Pointe; and WHEREAS, the 2018-2038 Pasco Comprehensive Plan designates multiple areas of the city with the “Mixed Residential and Commercial Land Use” but not currently have a zoning district to facilitate the intent of the land use classification; and WHEREAS, the proposed Mixed-Use District would carry out the intentions of the Comprehensive Plan and the Mixed Residential and Commercial Land Use designation; and WHEREAS, the proposed Mixed-Use District would amend the Waterfront Development District, be renamed the Mixed-Use District, allowing for Mixed-Use developments citywide consistent with the Comprehensive Plan; and WHEREAS, the proposed amendment implements community visioning, public agency plans, and addresses the regions needs for housing and walkable, complete neighborhoods. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 25.20.010 entitled “Establishment of zoning districts” of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: Page 24 of 86 Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 2 25.20.010 Establishment of zoning districts. For the purpose of promoting the public health, safety, morals, and general welfare of the City, the City is divided into the following types of zones: R-T District Residential Transition District R-S-20 District Residential Suburban District R-S-12 District Residential Suburban District R-S-1 District Low-Density Suburban Residential District R-1 District Low-Density Residential District R-1-A District Low-Density Residential Alternative District R-1-A2 District Low-Density Residential Alternative District R-2 District Medium-Density Residential District R-3 District Medium-Density Residential District R-4 District High-Density Residential District RP District Residential Park District O District Office District C-1 District Retail Business District C-2 District Central Business District C-2 Overlay District Central Business Overlay District C-3 District General Business District C-R District Regional Commercial District BP District Business Park District I-182 Overlay District I-182 Corridor Overlay District I-1 District Light Industrial District I-2 District Medium Industrial District I-3 District Heavy Industrial District WD MU Waterfront Development District Mixed-Use District Page 25 of 86 Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 3 Section 2. That Chapter 25.127 entitled “Waterfront Development District” of the Pasco Municipal Code shall be and is hereby amended and shall read as follows: Chapter 25.127 Waterfront Development District Mixed-Use District Sections: 25.127.010 Purpose. 25.127.013 Relation to other codes. 25.127.015 Terms defined. 25.127.020 Permitted uses. 25.127.030 Permitted accessory uses. 25.127.040 Conditional uses. 25.127.050 Prohibited uses. 25.127.060 Unlisted uses. 25.127.070 Development standards. 25.127.010 Purpose. The purpose of the waterfront development (WD) district is to allow the location of a compatible mix of commercial, residential, and recreational uses on parcels situated close to the Columbia River waterfront and within the Osprey Pointe property, historically owned by the Port of Pasco. The purpose of the mixed use (MU) district is to allow the location of a compatible and integrated mix of commercial (and office, education and government uses) with residential uses, as established within the comprehensive plan. This zone district is intended to provide a high level of diversity in housing types including townhouses and flats in mid-rise buildings ranging from two to six stories to move toward the city’s land use and housing goals and policies relating to density and a broad range of housing types, as required under the Growth Management Act, Chapter 36.70A RCW. In addition, ground floor neighborhood-scale commercial and/or office uses are encouraged to create a cohesive bike- and pedestrian-oriented community. These uses are to be designed to complement and support the nearby retail, office, and residential uses and located in resulting in reduced vehicle trips and a more sustainable and convenient environment with potential access to transit. 25.127.013 Relation to other codes. (1) This chapter sets out standards for site development and as such the overlay districts identifying area-specific standards for aesthetics and design (i.e. the Commercial Corridors Design Standards in Chapter 25.135 PMC and the I-182 Corridor Overlay District in Chapter 25.130 PMC) do not apply to property zoned MU. (2) This zone is not to be considered a “residential” zone for purposes of interpretation of other Title 25 regulations. Page 26 of 86 Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 4 25.127.015 Terms defined. “Artisan manufacturing” means small-scale businesses that manufacture artisan goods or specialty foods. Small manufacturing production primarily focuses on direct sales rather than the wholesale market. “Osprey Pointe” means that geographic area situated close to the Columbia River waterfront and within the property known as Osprey Pointe, historically owned by the Port of Pasco. 25.127.020 Permitted uses. The following uses shall be permitted in the waterfront development mixed-use district: (1) Commercial, office, educational, and government uses: (a) All uses permitted in the “O” Office district; (b) Artisan manufacturing, provided that such uses are intended to be compatible with surrounding development and shall adhere to the following requirements: (i) Structures shall not encompass more than 10,000 square feet of area, and the 10,000 square foot total shall include all indoor storage areas associated with the manufacturing operation. (ii) Outdoor storage is prohibited. (iii) Loading docks. Where the site abuts a residential use, the building wall facing such lot shall not have any service door openings or loading docks oriented toward the residential use. (iv) Public viewing. Artisan manufacturing uses must accommodate public viewing or a customer service space. Public viewing shall be accomplished with windows or glass doors covering at least 25 percent of the front of the building face abutting the street or indoor lobby wall, allowing direct views of manufacturing. The display area may be reduced below 25 percent where fire-rated separation requirements restrict opening size as determined by the building official. A customer service space including a showroom, tasting room, restaurant or retail space may be provided that substitutes for the exterior public viewing area. (v) All uses shall not emit smoke, gas, odor, dust, sound, vibration, soot, heat, glare, or light that is detectable beyond the property line. (c) Banks and financial institutions; Page 27 of 86 Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 5 (d) Bars, taverns, and craft breweries, boutique wineries, and small- scale distilleries and/or tasting rooms (any production of product shall be small-scale in nature, with annual production limited to 300 barrels per year of beer or equivalent product); (e) Churches and similar places of worship (Osprey Pointe, only); (f) Dancing schools; (g) Gyms and fitness centers; (h) Hotels and motels; (i) Laundries/dry cleaners; (j) Portable food vending/food trucks; (k) Printing shops; (l) Public or commercial parking garages; (m) Public markets for fresh produce and craft work; (n) Restaurants and eating establishments, including food halls with shared common areas; (o) Stores and shops for the conduct of retail business and similar services in buildings not exceeding 40,000 gross square feet, except that the maximum areas are 80,000 gross square feet at Osprey Pointe, such as: (i) Bakeries, retail for distribution from the premises; (ii) Barber and beauty shops. (iii) Bookstores, except adult bookstores; (iv) Catering establishments; (v) Artist and office supplies; (vi) Florists; (vii) Specialty retail stores; (viii) Museums and art galleries; (ix) Clothing, shoes and accessories, and costume rentals (new/unused materials only); (x) Crafts, stationery, and gift shops; (xi) Department and drug stores; (xii) Grocery or specialty food stores; (xiii) Furniture and home appliance stores; (xiv) Import shops; (xv) Jewelry and gem shops, including custom work; (xvi) Shoe repair shops; (xvii) Sporting goods stores; (xviii) Tailor and seamstress shops; (xix) Upholstery shops; (p) Locksmith shops; (q) Membership clubs; (r) Theaters (movie or live theater); (s) Veterinary clinics serving household pets (no boarding or outdoor treatment facilities); and (t) Universities, colleges, and business, professional, technical, and trade schools. Page 28 of 86 Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 6 (2) Residential uses: (a) Specific limitations at Osprey Pointe: (a)(i) Single-family detached dwellings may be located west of the alignment of South Maitland Avenue at densities prescribed under PMC 25.127.070; (b)(ii) Attached single-family dwellings (duplexes and townhouses) may be located east of the extension of South Maitland Avenue, but no further than 500 feet east of the alignment of South Oregon Avenue at densities prescribed under PMC 25.127.070; and (c)(iii) Multifamily dwellings may be located no further than 500 feet east of the alignment of South Oregon Avenue. (b)(iv) Short-term vacation rental uses, and Bed and Breakfasts may be established where residential uses are allowed. (b) Single-family dwellings (including zero-lot-line dwellings); (c) Two-family and multiple (family) dwellings; and (d) Recreational facilities for residents (i.e. playground, basketball court, bocce ball court). (3) Recreational and entertainment uses: (a) Specific provisions at Osprey Pointe: (b)(i) Indoor and outdoor event and entertainment uses and facilities (commercial or public), not to exceed fifteen acres; (c)(ii) Marinas and marine repair facilities; (d)(iii) Mixed-use buildings containing any combination of residential, commercial, office, educational, and government facilities in a single building; and (e)(iv) Public and private parks and trails. (b) Indoor and outdoor event and entertainment uses and facilities (commercial or public) 25.127.030 Permitted accessory uses. (1) Accessory dwelling units when associated with a permitted residential use; (2) Family home childcare in conformance with WAC 170-296A-0010; (3) Sheds not exceeding 200 square feet provided they are located in the rear yard of residential uses or a place of business and attached to the primary structure; (4) Private parking lots and garages meeting the development standards of this chapter; (5) Storage facilities accessory to multifamily dwellings for the sole use of residents; (6) Home occupations in accordance with PMC 25.150; and (7) Alcoholic beverage sales; and (8) Private streets, meeting the standards of PMC 25.127.070(14). (9) The keeping of dogs and cats, provided such number of animals does not exceed three dogs and three cats; Page 29 of 86 Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 7 (10) Swimming pools; and (11) Plazas, courtyard, water features (such as fountains and cascading water features) and other outdoor gathering spaces and amenities. 25.127.040 Conditional uses The following uses are permitted subject to the approval of special permit as provided in Chapter 25.200 PMC: (1) Retail, wholesale, and department stores and shops exceeding a gross floor area of 40,000 square feet (or exceeding 80,000 square feet at Osprey Pointe); (2) Landscape gardening and storage area for equipment and materials, provided that plants and materials are located behind a building and are not visible from the public right-of-way or residential uses; (3) Nursing homes and assisted living facilities; (4) Marine gas sales; (5) Gasoline and service stations; (6) Drive-thru uses,; and provided that drive-through aisles shall provide adequate on-site queuing and circulation for users (motorized and non- motorized); (7) Indoor and outdoor event and entertainment uses and facilities (commercial or public), exceeding fifteen acres; and (8) Exceptions to maximum building heights listed in 25.127.070(9). ;and (9) Churches and similar places of worship (Not applicable to Osprey Pointe) 25.127.050 Prohibited uses. The following uses are prohibited in the WD MU district: (1) All uses permitted conditionally in the I-2 Medium Industrial district; (2) Automobile assembly, services, or repair; (3) Vehicle rental; (4) Tire stores; (5) Car washes; (6) Automobile detail shops; (7) Automobile sales; (8) Auto body shops; (9) Mini-storage facilities; (10) Pawn shops; (11) Card rooms and bingo parlors; (12) Secondhand dealers – similar or like uses although not specifically listed are also prohibited; (13) Adult bookstores or entertainment facilities; (14) Truck stops – diesel fuel sales; (15) Truck terminals; (16) Heavy machinery sales and service; (17) Contractor’s plant or storage yards; Page 30 of 86 Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 8 (18) Mobile home and trailer sales and service; (19) Veterinarian clinics for livestock, including outdoor treatment facilities; (20) Pharmaceutical laboratories; (21) Industrial medical facilities; (22) Any outdoor manufacturing, testing, processing, or similar activity; (23) On-site hazardous substance processing and handling or hazardous waste treatment and storage facilities; (24) Kennels and animal boarding facilities; (25) The manufacturing, compounding, processing, packaging of cosmetics, pharmacology, and the reducing and refining of fats and oils; (26) Junkyards, automobile wrecking yards, scrap iron, scrap paper, or rag storage, sorting, or baling; (27) Cemeteries; (28) Recreational vehicle parks; and (29) Outdoor storage of RVs, boats, and trailers.; and (30) Single Room Occupancy units. 25.127.060 Unlisted uses. All unlisted uses shall be classified as conditional uses and require a special use permit under PMC 25.200. 25.127.070 Development standards. (1) All structures, uses, and shoreline modifications shall comply with the City of Pasco Shoreline Master Program (Chapter 29.15 PMC), where applicable. (2) Minimum Density. (a) Commercial, office, education and government uses: none. (b) Residential uses: 14 units/net acre average for residential portions of the WD district Osprey Pointe (net acre excludes infrastructure, such as roads, utility easements, stormwater infrastructure, and excludes critical areas, and applies to the entire WD district rather than to individual developments). Additionally, residential uses shall not comprise more than 50 percent of the gross land area within the WD district Osprey Pointe. (c) Residential Uses: the minimum density is seven units per net acre. For the purposes of this subsection, net acre excludes infrastructure (such as roads, utility easements, stormwater infrastructure), excludes critical areas, and excludes other unbuildable areas such as any required landscape buffer areas, fire lanes and parking lots, and applies to the entire MU district rather than to individual developments. (3) Minimum Lot Area at Osprey Pointe. (a) Commercial, office, education and government uses: none. Page 31 of 86 Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 9 (b) Residential uses: 1,000 square feet (single family detached), 1,500 square feet per unit (duplex and single-family attached). There is no minimum lot area for multifamily dwellings. (4) Minimum Lot Width at Osprey Pointe. (a) Commercial, office, education and government uses: none. (b) Residential uses: 35 feet (single family detached), 20 feet per unit (duplex and single-family attached). There is no minimum lot width for multifamily dwellings. (5) Lot coverage at Osprey Pointe. Dictated by parking requirements, setbacks and landscaping; (6) Dimensional Standards for lots not located at Osprey Pointe. The following standards shall apply except in cases of a Binding Site Plan or Zero Lot Line development (in which case there are no minimums): (a) Minimum Lot Area. (i) Commercial, office, education and government uses: none. (ii) Residential uses: 1,000 square feet (single-family detached), 1,500 square feet per unit (duplex and single-family attached). There is no minimum lot area for multifamily dwellings. (b) Minimum Lot Width. (i) Commercial, office, education and government uses: none. (ii) Residential uses: 35 feet (single-family detached), 20 feet per unit (duplex and single-family attached). There is no minimum lot width for multifamily dwellings. (c) Lot Coverage. All other uses: Dictated by parking requirements, setbacks and landscaping. (6)(7) Minimum Yard Setbacks - Front. (a) Commercial, office, education and government uses: none. (b) Residential uses: 10 feet (single family detached and attached, and duplexes), 20 feet (garden-style apartments/ condominiums), none for multifamily adjacent to commercial areas or in mixed-use buildings. (7)(8) Minimum Yard Setbacks – Interior Side Yard. (a) Commercial, office, education and government uses: none. (b) Residential uses: 5 feet (for primary structures in single family detached and attached, and duplexes; however, the minimum yard setback is reduced to 3 feet where fire barriers are provided for buildings), 15 feet from other buildings (garden-style apartments/ condominiums), none for multifamily adjacent to commercial areas, in mixed-use buildings or for zero-lot line development. (8)(9) Minimum Yard Setbacks – Street Side Yard And Rear. (a) Commercial, office, education and government uses: none. (b) Residential uses: 10 feet (single family detached and attached, and duplexes; however, the minimum setback for detached garages is 3 feet), 20 feet from other buildings (garden-style apartments/ Page 32 of 86 Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 10 condominiums), none for multifamily adjacent to commercial areas or in mixed-use buildings. (9)(10) Maximum Building Height. (a) At Osprey Pointe (a)(i) Commercial, office, education and government uses: 60 feet (b)(ii) Residential uses: 35 feet (single family detached and duplexes), 40 feet (single-family attached and garden-style apartments/ condominiums), 90 feet (multifamily adjacent to commercial areas or in mixed-use buildings). (b) At all other locations (i) Commercial, office, education and government uses: maximum 85 feet, except a greater height may be approved by special permit. (ii) Residential uses: maximum 15 feet for accessory buildings; maximum 40 feet for detached single-family, duplexes; maximum 45 feet for garden-style courtyard apartments/condominiums; maximum 90 feet for multifamily adjacent to commercial areas or in mixed-use buildings; except that in all cases a greater height may be approved by special permit. (iii) Nothing in this chapter precludes the use of rooftop decks or permitted uses to be permitted on the roof provided that building codes are met. (10)(11)Fences and Hedges. (a) Fences and walls shall meet the requirements of PMC 25.180, with the following exceptions: i. Fences and walls shall be constructed using a combination of natural materials such as wood, stone, or brick including those on industrially used properties. ii. Barbed wire and electrified fencing are prohibited on all properties; (11)(12) Parking and Loading. (a) All new uses in the WD MU district must provide parking in accordance with Table 25.127(1). The Community and Economic Development Director may approve ratios lower than the minimum if the new use provides bicycle parking, includes access to an improved bus stop, or will have shared parking spaces. See subsection (d), (e), and (f) of this section pertaining to parking reductions. The Community and Economic Development Director shall determine parking requirements for unlisted uses. Uses which are not listed in the table shall have parking requirements of the nearest analogous use which is included in the table, as determined by the Community and Economic Development Director. If the number of minimum off-street parking spaces required in PMC 25.127(1) contains a fraction, the number shall be rounded up if the Page 33 of 86 Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 11 fraction is equal to or greater than one-half, and rounded down if less than one-half (b) On-street parking or off-street public parking lots may be used in combination with dedicated off-street parking to accommodate parking demand from individual developments. (c) On-street and off-street public parking may be time-limited, metered, or otherwise restricted in order to ensure that parking demand from individual developments does not adversely impact parking availability for the district as a whole and may be managed by either the Port (in the case of Osprey Pointe property), City or an Association/Business Entity (depending on public or private ownership). Parking spaces must be located within 500 feet of the proposed use unless the use is listed under the “Recreational and Entertainment Use” category in Table 25.127(1) in which case parking may be located off-site, provided that if the parking facility is under different ownership, a written agreement or lease is required. No more than 30 percent of the minimum parking requirement for an individual use may be on-street spaces or off- street public spaces more than 500 feet away from the proposed use except as noted above. (d) Bicycle parking reduction. For every five bicycle parking spaces provided, the number of vehicle parking spaces may be reduced by one up to maximum of 10 percent of the minimum number of spaces otherwise required. (e) Bus stop Transit reduction. Where an improved, permanent bus stop (i.e., bus shelter) is located within 1,000 feet of a use, If a site is within ¼ mile of a current, planned, or proposed public transportation facility or service, the required number of parking stalls may be reduced by ten percent. (f) Shared Uses. Owners of two or more uses, structures, or parcels of land within 500 feet of each other may share the same parking area when the hours of operation do not overlap. Whenever shared parking is allowed under this section, the parking lot shall be signed so as to reasonably notify the public of the availability of use, and spaces shall not be assigned, allocated or reserved between uses; a notarized and recorded parking agreement shall be required for shared parking between two or more separate tax parcels under separate ownership. (g) Special event parking lots used on an infrequent basis such as those associated with seasonal play fields shall be exempt from provisions of this chapter. (h) No boat, motor home, camp trailer, trailer, fifth wheel, pickup camper, snowmobile, or utility trailer as defined in PMC Title 25 shall be stored or maintained on any public street, right-of-way, or other public areas. Page 34 of 86 Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 12 Table 25.127(1): Number of Minimum Required and Maximum Allowed Parking Spaces by Use in the WD MU District Use Category Minimum Maximum COMMERCIAL, OFFICE, EDUCATIONAL, AND GOVERNMENT USES (per 1,000 square feet of gross floor area unless otherwise specified) Churches, places of worship, clubs, fraternal societies 1 per 100 square feet main assembly area 1 per 60 square feet of main assembly area Commercial lodging (hotel, motel, bed and breakfast, short-term vacation rentals) 0.5 per room 1 per room Educational Uses Elementary schools 1 per classroom and 1 per employee 1.5 per classroom Middle schools 1 per classroom 2 per classroom High school 7 per classroom 10.5 per classroom Universities, colleges, business, professional, technical and trade schools 0.3 per full-time student and 0.8 per employee 0.5 per FTE student and 0.8 per employee Gyms or fitness centers 3 per 1,000 square feet of gross floor area 5 per 1,000 square feet of gross floor area Museums and art galleries 2.5 per 1,000 square feet of gross floor area 4 per 1,000 square feet of gross floor area Offices: Administrative, Professional, Government 2 when located on the ground floor; 1 when located on floors above the ground floor 4 when located on the ground floor; 1 when located on floors above the ground floor Portable food vendors/food trucks None required None required Restaurants/bars/ breweries, wineries, and distilleries 0.5 per 3 seats 1.0 per 3 seats Retail sales and services 3 per 1,000 square feet of gross floor area 5 per 1,000 square feet of gross floor area Wholesale sales 3 per 1,000 square feet of gross floor area 5 per 1,000 square feet of gross floor area RESIDENTIAL USES (per unit unless otherwise specified) Single-family detached 1 per unit 2 per unit Accessory dwelling units 0.5 per unit 1 per unit Single-family attached and two-family dwellings 1 per unit 2 per unit Page 35 of 86 Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 13 Multifamily dwellings 0.75 per unit 1.5 per unit Nursing homes and assisted living facilities 0.25 per bed 0.5 per bed RECREATIONAL AND ENTERTAINMENT USES (per 1,000 square feet of gross floor area unless otherwise specified) Public and private parks and trails To be determined during land use approval process Event entertainment (indoor or outdoor)* *Does not apply to parking for special events such as but not limited to concerts or performances with conveyance options (such as shuttle buses or vans) or shared parking within walking distance 1 per 8 seats 1 per 5 seats Theaters 1 per 4 seats 1 per 2.7 seats INSTITUTIONAL USES (per 1,000 square feet of net floor area unless otherwise specified) Hospitals and clinics 1 per bed or exam room 1.5 per bed or exam room Police and fire stations 2 per 1,000 square feet of gross floor area 4 per 1,000 square feet of gross floor area (12)(13)Landscaping. (a) Surface parking lots shall be landscaped in accordance with PMC 25.180.070. (b) Single-family detached and attached residences and duplexes shall be landscaped in accordance with PMC 25.180.050(4). (c) Single-use commercial property shall be screened in accordance with 25.180.050(3). Commercially used property in multistory and/or mixed-use buildings are exempt from landscaping screening requirements. (d) No landscape areas shall contain artificial grass, trees, plants or other artificial materials as a live vegetative substitute. (e) There shall be at least one tree and three shrubs for every 300 square feet of landscaped area. (f) All landscape maintenance shall comply with the provisions of PMC 25.180.120. (g) Road Frontage. (i) Landscaped buffers on commercial properties adjacent to or across a public or private street or alley from residentially zoned properties must be a minimum of 15 feet in width and may additionally serve as a swale for stormwater provided that at least 50 percent of the total area is vegetated. Landscaped buffers may be substituted for a plaza with an average minimum width of thirty feet featuring two or more of the following features: street trees in pits, planters that are a minimum of three feet wide and three feet tall featuring Page 36 of 86 Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 14 vegetation, space for shaded outdoor seating (permanent or non-permanent), benches, stamped concrete or pavers, protruding awnings, planted beds, ledges for seating, public art, monument signage, wayfinding signage; such plaza additionally serves to substitute for the need of any sidewalk provided that an eight-foot wide unobstructed walking path is established and maintained. (ii) Landscaping in the unused portion of the right-of-way shall match the established landscaping pattern and theme for the street. (h) Pedestrian Walkways. (i) Excluding pedestrian connections through parking lots, walkways shall be landscaped their entire length. Trees shall be a minimum of three feet from sidewalks and curbs at the time of planting, except: (A) where tree wells are utilized (B) where sidewalks exceed eight feet in width, in which case a five-foot walking area shall be reserved. (13)(14)Transportation. (a) The internal transportation network of the Waterfront District Osprey Pointe shall be designed to maximum maximize multi- modal travel options. (b) All transportation infrastructure shall meet the intent of the City Complete Streets Ordinance (PMC 12.15) and comply with the International Fire Code. Dedication of public right-of-way is not required when private streets are used. (14)(15)Design Standards (Transportation Osprey Pointe). (a) Applicability. This section applies to development located at Osprey Pointe. (a)(b) Speed Limits: 20 MPH (b)(c) Sidewalk Widths: • Residential: Minimum 6’ • Commercial/Mixed Use: Minimum: 10’ (c)(d) Local Access Streets: • Driving Lane Minimum width: 11’ • Parking Lane Minimum width: 8’ • Dedicated Bicycle Lane: minimum width: 5’ (where included) (d)(e) Alleys: • Minimum: 20’ width (e)(f) Private Street/Lane: (i) Private street improvements for streets providing access to uses which are not single-family residential 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 Page 37 of 86 Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 15 measures 31' back-to-back of curb. Street lighting will be provided per the type chosen at the developer’s discretion. (ii) Private street improvements for streets providing access to single-family residential uses shall be designed to meet International Fire Code requirements for fire apparatus, including pavement markings and signage for “No Parking – Fire Lane.” Sidewalks are not required when pedestrian paths are provided with a design accommodating pedestrian circulation which is separated from vehicle traffic movements. Streets lighting will be provided per the type chosen at the developer’s discretion. (iii) Private streets must not interfere with vehicle, public transportation, or non-motorized access to public areas, and may not preclude the connection of the transportation system. (iv) Storm water facilities must be designed to treat and retain all storm water on-site without any runoff entering City of Pasco right- of-way. (v) Every private street within the district shall be named, and names shall be clearly posted in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) standard. (16) Design Standards (Transportation). (a) Applicability. This section does not apply to development located at Osprey Pointe. (b) All street improvements, grades, widths, construction, and design shall comply with the standard and specifications as set forth in the City’s adopted Standard Specifications, except as otherwise contained in this section. (c) Street layout must be designed for street connectivity between neighborhoods, be pedestrian and bicycle friendly, and promote function, safety and aesthetics with minimum adverse environmental impact. (d) Block Length. Blocks shall not exceed six-hundred feet unless no other practicable alternative is available, as determined by CED Director. (e) Cul-de-Sac Streets. Cul-de-sacs are not permitted. However, subject to the following, a cul-de-sac street may be allowed where the CED Director determines that environmental or topographical constraints, existing development patterns, legal restrictions, or compliance with other applicable city requirements preclude a street extension. Where the city determines that a cul-de-sac is the only reasonable option, all of the following standards shall be met: (i) Cul-de-sac streets shall have a maximum length of three- hundred feet measured from their centerline intersection with the public access street right-of-way to the turnaround. Page 38 of 86 Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 16 (ii) The cul-de-sac shall provide, or not preclude the opportunity to later install, a pedestrian and bicycle access way between it and adjacent developable lands. (f) Private Streets. Private streets may be allowed subject to the following: (i) Private street improvements shall meet the standards for local access roads. (ii) An enhanced pedestrian path may be provided in lieu of sidewalk construction where the design to accommodate pedestrian circulation is separated from vehicle traffic movements. (iii) Street lighting will be provided per the type chosen at the developer’s discretion. (iv) Private streets must not interfere with vehicle, public transportation or nonmotorized access to public areas, and may not preclude the connection of the transportation system. (v) Storm water facilities must be designed to treat and retain all storm water on site without any runoff entering City of Pasco right-of-way. (vi) Every private street within the district shall be named, and names shall be clearly posted in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) standard. (17) Building Design Standards. (a) Applicability. This section does not apply to development located at Osprey Pointe. (b) Intent. The intent of this section is to implement the goals and policies of the Comprehensive Plan by promoting high quality development using aesthetically pleasing designs, creating a safe pedestrian-oriented streetscape, and upgrading Pasco’s visual identity, and reduce the impact of parking lots and blank walls. (c) All buildings within a multi-building complex must achieve unity of design through the use of similar architectural elements, such as roof form, exterior building design and materials, colors and window patterns. (d) All new buildings shall have exterior walls that are constructed of at least one but not more than three of the following materials: wood, brick, stucco, steel, block, glass, or composite materials and shall have textured, embossed, sculpted or painted finishes. Exterior walls must include more than two of the following architectural features: columns, pilasters, belt courses, brackets, arches, decorative molding, quoins and similar architectural features. Changes in materials shall occur at inside corners and not outside corners. (e) All new retail buildings shall have windows, doors or display areas that cover 50 percent of the ground floor frontage wall area (walls that face frontage streets). Structures facing residential zones or Page 39 of 86 Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 17 developments are not required to have a minimum amount of glass or display area but must have architectural design features and/or building modulation. (f) Pedestrian entries for all structures shall be visible from the frontage street, driveways, and off-street parking areas. Pedestrian entries must be emphasized through landscaped entry approaches consistent with the building design and theme, by the use of modulation to emphasize indentation or protrusion of that portion of the building containing the entrance, or by the inclusion of porte- cochere or other covered entry methods. (g) Signage affixed to the building must be no higher than the roofline of the building. (h) Wall-mounted electrical and mechanical equipment shall be located on the less visible side of the building and obscured from public view. (i) Sidewalk seating. Any food or drink establishment may provide sidewalk seating for its customers adjacent to the place of business meeting the following provisions: i. Five feet of unobstructed sidewalk must be maintained at all times for through travel. ii. If the sidewalk is located in the Right-of-Way, the placement of tables shall be subject to the filing of a satisfactory hold- harmless agreement and primary liability insurance policy suitable to the City Attorney which will indemnify the City and release it from liability. (18) Screening Standards. (a) Applicability. This section does not apply to development at Osprey Pointe. (b) All equipment, material or goods not housed or stored within the primary structure shall be within a 100 percent sight-obscuring fence, wall or structure, with the exception that outdoor garden sales areas associated with retail buildings must additionally incorporate false walls in the fencing design that match or complement the architectural features of the main building walls. (c) Gas meters, electric service boxes and other mechanical equipment shall be screened from public view by sight-obscuring fence, walls or planting materials. (19) Temporary Business Standards. (a) Applicability. This section does not apply to development at Osprey Pointe. (b) Temporary businesses are only permitted on lots that are fully developed with curb, gutter and sidewalk and improved with parking lots, landscaping and buildings. (c) Temporary businesses must be located at least 100 feet from the property line of any residentially zoned property. Page 40 of 86 Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 18 (d) Goods, wares and merchandise of any kind can only be displayed or offered for sale from the temporary business vehicle or conveyance. (e) Limited ancillary or accessory equipment may be utilized with a temporary business and must be temporary in nature and easily removable, such as coolers, umbrellas, tents, tables, and chairs. The following types of ancillary or accessory equipment are not permitted to be used with a temporary business, including but not limited to: benches, picnic tables, propane tanks, awnings, carport structures, satellite dishes, recreational equipment, amusement devices, entertainment equipment, portable or temporary shelters, portable heaters, temporary lighting fixtures, decorative lighting, freezers/refrigerators not located on the business vehicle, carpet, fencing, and faux landscape elements. (f) Signage is only permitted on the temporary business vehicle and not on public right-of-way or in parking lots. (g) No advertising for services, activities and products that are not available on or from the temporary business vehicle is permitted. (h) Temporary businesses must be located at least 25 feet from any public right-of-way. (i) Temporary businesses must locate in an area of the parking lot that will not impede fire lanes or the use of drive aisles within and around parking lots. (j) Required off-street parking cannot be diminished by the location and operation of a temporary business except such parking spaces may be used for temporary businesses on weekends or holidays. (20) Sign Standards. (a) Applicability. This section does not apply to development located at Osprey Pointe. (b) No sign shall be erected, re-erected, constructed, painted, posted, applied or structurally altered except as provided in this section and pursuant to the approval of the Director of Community and Economic Development. All signs shall comply with the International Building Code and PMC Title 17 and conform to the following. (c) Prohibited Signs. (i) Signs, which by coloring, shape, wording or location resemble or conflict with traffic control signs or devices; and (ii) Signs that create a safety hazard. (d) Permitted Signs. (i) Permanent subdivision signs or area name signs of a permanent character at street entrances or entrances to a specific area or development. These signs shall not exceed six feet in height; (ii) Temporary banners, flags, pennants which are maintained in good condition; Page 41 of 86 Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 19 (iii) Contractor, architect or engineer signs that identify the project are permitted during the period of construction; (iv) Standard official, directional, informational, warning, or safety signs and street signs; and (v) Portable reader boards, flashing, movable, or moving signs provided that such signs must not be located in view of any residentially zoned land located within 300 feet of the sign. (e) Nonconforming Signs. (i) Signs that were permanently installed and legally erected prior to the adoption of this ordinance shall be allowed to remain in use so long as they are continuously maintained. (f) Relief. (i) Where relief is sought from the provisions of this section pertaining to signage standards, an application shall be made in the form of a letter explaining the relief sought and the reasons therefor, accompanied by a scaled site plan and a $100.00 fee. The complete application shall be filed with the Director of Community and Economic Development. Within 15 working days from the date of receipt of a complete application, the Director of Community and Economic Development shall issue a written decision to approve, approve with modifications, or deny the request for relief. Any decision of the Director of Community and Economic Development may be appealed to the City Council if written notice of appeal, which shall include all and exclusive reasons for said appeal, is filed with the Director of Community and Economic Development within 10 working days from the date of the decision. In the event a written decision is not issued by the Director of Community and Economic Development within the required time period, the application for relief shall automatically constitute a qualified and properly filed notice of appeal and shall be considered by the City Council in accordance with this section. The City Council, within 30 calendar days from the date of filing of the appeal, shall consider the appeal at a regular meeting thereof, but such consideration shall be limited to the reasons included in the written notice of appeal and shall include the written decision of the Director of Community and Economic Development and the reasons therefor. The City Council may affirm, modify or reverse the decision of the Director of Community and Economic Development. (21) Design Recommendations (Structures, Site Planning and Landscaping). (a) Applicability. This section does not apply to development located at Osprey Pointe. Page 42 of 86 Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 20 (b) Desirable Elements of Project Design. The following design elements are desirable and highly encouraged: (i) Significant wall articulation (insets, pop outs, columns, canopies, wing walls, trellises); (ii) Natural wall materials including stucco, stone, brick, clapboard, and ceramic tile; (iii) Multi-planed roofs; (iv) Full roof treatments; (v) Roof overhangs, arcades, plazas and outdoor dining areas; (vi) Traditional storefront design (i.e. use of recessed or sheltered arcade or porch entries, use of awnings, doors with a high percentage of glass to frame, service entries/ facilities and refuse containers screened from view); (vii) Articulated mass and bulk oriented to pedestrian/village scale; (viii) Significant landscape and hardscape elements; (ix) Shared access driveways (for new and larger developments); (x) Use of parking drives and courts or other open spaces on the site to help buffer the buildings from any adjacent incompatible land uses; (xi) Landscaped and screened parking and loading; (xii) Pedestrian orientation and scale; and (xiii) Upper floors that feature a step-back. (c) Undesirable Elements of Project Design. The following design elements are discouraged or may be prohibited in other sections of the Pasco Municipal Code: (i) Large blank, flat wall surfaces; (ii) Unpainted concrete, slump stone, or corrugated metal; (iii) Highly reflective surfaces (mirror windows); (iv) Plastic siding; (v) Large front yard setbacks accommodating parking; and (vi) Visible outdoor storage, loading, and equipment areas; (d) Prohibited Elements of Project Design. The following design elements are prohibited: (i) Disjointed parking areas and awkward circulation patterns; (ii) Overabundance of access driveways, or unsafe locations; and (iii) Large commercial development across numerous lots, without pedestrian orientation. Section 3. Severability. If any section, subsection, sentence, clause, phrase or word of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this Ordinance. Page 43 of 86 Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 21 Section 4. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of Ordinances or their sections and subsections. Section 5. 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, Washington, on this ____ day of ______________, 2023. _____________________________ Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: _________________________ Page 44 of 86 Page 1 of 1 TO: Jacob Gonzales DATE: 9/27/2022 FROM: Nicole Stickney PROJECT NO.: 2220070.30 PROJECT NAME: Elite - Mixed Use Zoning SUBJECT: Proposal Narrative The following provides a brief overview of the proposal (zoning text amendment) we submitted last month to amend PMC 25.127. Thank you for your assistance with this process. The Pasco Comprehensive Plan designates multiple areas of the city with the land use classification of "Mixed Residential Commercial," but does not currently have a zoning district to facilitate mixed uses throughout the City. Accordingly, we propose that the City Council amend Pasco Municipal Code (PMC) Chapter 25.127 (Waterfront Development Dist.) which was written for the lands near the Columbia River at Osprey Pointe. We suggest the chapter be renamed to “Mixed Use (MU) District” and we have proposed a set of modifications to the code . These modifications are recommended to allow a compatible, integrated mix of commercial (and office, education, and government uses) and residential uses, and to carry out the comprehensive plan (particularly the Mixed Residential Commercial land use classification). The amendment of Chapter 25.127 would broaden the applicability of the chapter, so that the zoning code would apply city-wide (and no longer be specific to only Osprey Pointe). The zoning district would be an implementing zone that could be assigned to properties classified as “Mixed Residential Commercial” on the city’s Land Use Map. •The Mixed Use (MU) zoning designation would fill the current gap between the Comprehensive Plan (which has a Mixed Residential Commercial” designation on the City’s Land Use map) and the zoning regulations of Pasco, in order to carry out the goals of the comprehensive plan. The zoning text amendment would be a citywide change and would impact properties adjacent to any areas rezoned in the future to the MU designation. This designation would be compatible with a range of uses including residential, office, retail, public services, schools, and other uses. •The proposed zoning text amendment would carry out the intentions of the Comprehensive Plan and the "Mixed Residential Commercial" land use designation. This includes expanding housing options while potentially reducing car dependency (see Goals in the Land Use (LU), Housing (H) and Transportation (TR) Elements, numbered LU-4, LU-5, LU-6, H-1, H-3, and TR-1). •The proposal to amend the zoning district is intended to provide a high level of diversity in housing types and move toward the city’s land use and housing goals relating to density. Ground floor, neighborhood- scale commercial and/or office uses are encouraged to create a cohesive pedestrian-oriented community. The creation of growth opportunities, and infill, within the UGA of the City is in alignment with the goals of the GMA to reduce sprawl, which in-turn, reduces energy needs and reliance on natural resources. Moreover, this also complements the work that staff has recently engaged in, working on implementing the city’s first Housing Action Plan. •Implementation of the proposed zoning text amendment and subsequent development could foster a mix of uses located in proximity to one another, such as commercial and residential uses. This then may lead to a potential decrease in energy and natural resources uses, facilitating residents to reduce automobile commute times to/ from home to work and to/from other activities. c: J. Trinidad (Trini) Garibay, CEO/ Co-Founder: Elite Construction + Development EXHIBIT B Page 45 of 86 SUMMARY OF MAJOR CHANGES (NOT AN EXHAUSTIVE LIST) Criteria/Regulation Recommendation Rationale Chapter Change Waterfront to Mixed Use District Implements the Comprehensive Plan land use designation and goals and policies; applies to a wider area Relation to other Codes This zone will not be considered a “residential” zone for purposes of interpreting other Title 25 regulations There are codes that discuss spacing or other development standards that relate to residentially zoned areas (i.e. PMC 25.165.205, 25.165.050(2)(a)) Permitted Commercial Use Outside of Osprey Pointe store / shop size is 40,000 gross square feet (compared with 80,000) - larger is allowed with a CUP Encourage neighborhood stores and specialty centers; encourage right-sizing the retail for compatibility with residential Prohibited Uses Added “Single Room Occupancy Units” as a prohibited use There is a current moratorium on SRO’s – these can be studied and amended later, if desired Dimensional Standards (outside of Osprey Pointe) Same as existing, create a separate section to distinguish between Osprey Pointe and City-Wide Separate standards are created to maintain the original site- specific code of Osprey Pointe, and to develop code for the purposes of City-wide implementation. While theses standards are currently proposed to be identical we want to structure the code so that future changes could be made in a straight-forward fashion. Maximum Building Height at all other locations (outside of Osprey Pointe) •Commercial, office, education and government uses: maximum 85’ except with a special permit •Residential accessory: 15’ •Residential detached single-family and duplex: 40’ •Residential courtyard apartments/condos: 45’ •Multifamily adjacent to commercial areas or in mixed-use buildings: 90’ The proposed height limits for single-family detached, duplexes, and courtyard apartments / condominiums are consistent with R-3 and R-4. Landscaping •Materials and spacing requirements Provide a higher standard for area beautification; creates a EXHIBIT C Page 46 of 86 • Road frontage landscape buffers on commercial properties adjacent to or across from residential zones • Landscaping on pedestrian walkways buffer between residentially zoned properties Design standards (transportation) (outside of Osprey Pointe1) Cul-de-sac prohibition, maximum block length, and private street allowance Provides flexibility in street design; promotes a walkable and bikeable area; improve street connectivity and promote safety Building design standards (outside of Osprey Pointe) Requirements for architectural elements, exterior wall materials, frontage walls, pedestrian entry treatments, and electrical / mechanical equipment screening, and allowance for sidewalk seating Similar to I-182 overlay standards. The intent is to implement the goals and policies of the Comprehensive Plan by promoting high quality development using aesthetically pleasing designs, creating a safe pedestrian-oriented streetscape, and upgrading Pasco’s visual identity, and reduce the impact of parking lots and blank walls. Screening standards (outside of Osprey Pointe) Screening of equipment, materials and goods behind 100% sight obscuring fence, wall or structure Similar to I-182 overlay standards. Promote high quality urban areas. Temporary business standards (outside of Osprey Pointe) Allows temporary businesses. Includes regulations for temporary businesses on siting, accessory equipment, and signage. Similar to I-182 overlay standards. Provides limitations on accessory equipment to keep the business temporary Sign standards (outside of Osprey Pointe) Requirements for signs including permitted and prohibited signs. Establishes relief. Similar to the I-182 overlay standards. Protect against unsafe signs and recognize speech rights. Design requirements (structures, site planning, and landscaping) (outside of Osprey Pointe) Creates desirable and undesirable elements of project design to encourage and discourage certain design elements. Allows for flexibility in design as design is often contextually based. 1 These additional design standards / requirements are not proposed at Osprey Pointe as some property has already been developed with certain standards. The Osprey Pointe site is under a master development agreement. Page 47 of 86 MEMORANDUM TO PLANNING COMMISSION PLANNING COMMISSION MEETING City Hall – 525 North Third Avenue – Council Chambers DATE: THURSDAY, JANUARY 19, 2023 6:30 PM 1 TO: Planning Commission FROM: Jacob B. Gonzalez, Planning Manager SUBJECT: Code Amendment: Mixed Use Zoning District (MF# CA2022-003) Background The City has received a request for a zoning text amendment to the Waterfront Development District Zoning District (WDD) and for the establishment of a new Mixed Use (MU) Zoning District. PMC 25.210.020 states that any person, firm, corporation or group of individuals, or municipal department may petition the Pasco City Council for a zone or text change. The Waterfront Development District (adopted January 2021, via Ordinance No 4514) was established to allow the location of a compatible mix of commercial, residential, and recreational uses on parcels situated close to the Columbia River waterfront and within the Osprey Pointe property, historically owned by the Port of Pasco. Outside of the WDD, the city does not provide development standards or regulations for mixed use projects, sites, or building. The request for a text amendment would identify a set of modifications to the WDD, that would facilitate mixed uses citywide, and implemented under the current Comprehensive Plan Land Use of Mixed Residential and Commercial. The new Mixed Use (MU) Zoning District would allow a compatible, integrated mix of commercial (and office, education, and government uses) and residential uses. Proposal Timeline Date Description October 2022 Planning Commission - Workshop December 2022 Planning Commission – Public Hearing Planning Commission Comments A public hearing with the Pasco Planning Commission was held on December 15, 2022. Several comments and questions were shared by the Planning Commission. These have been paraphrased below along with responses from staff and the amendment applicant. Comment #1 (Commissioner Hendler): Restrictions on cul-de-sacs. Response: Cul-de-sacs are not typically allowed in mixed-use districts due to the emphasis on increased access and providing an environment that is conducive to connectivity and walkability. The proposed ordinance does specific provisions for when a cul-de-sac would be permitted, such as topographic or environmental constraint. EXHIBIT D Page 48 of 86 2 Comment #2 (Chair Cochran): Will the proposed amendment impact the existing Waterfront Development District? Response: No, the proposed amendment will not impact the established regulations that apply to the Osprey Pointe area, as identified in the current version of the Waterfront Development District. The reason for not modifying the regulations that apply to Osprey Pointe is due to the containment of the Osprey Pointe area, which allowed for different regulations, that would not be appropriate at a citywide scale. Comment #3 (Chair Cochran): Are the proposed height thresholds related to the number of allowed stories of a building? Response: Proposed height thresholds would determine the number of stories. An average story is about 10 feet. The Pasco Municipal Code (PMC 25.15.040) defines building height as: “the vertical distance from grade plane to the average height of the highest roof surface.” Below is a simplified representation of this provision: Comment #4 (Chair Cochran): The proposed amendment includes a block length recommendation of 600 feet. Is the block length requirement consistent with other efforts currently in-progress? Response: Mixed-Use sites are intended to provide an increase of access and connectivity created via shorter block sizes, block lengths, through a combination of public rights-of- way, access easements, and private streets. The proposed block length ensures that mixed-use sites are in conformance with best practices and recommendations. City staff agrees and supports the applicant’s proposal for a 600-foot block length in the Mixed-Use Zoning District. Comment #5 (Commissioner Hendler): Do the height restrictions include provisions for sloping roofs? Staff: Roof slopes and heights are governed by the Pasco Municipal Code. PMC 25.15.040 defines building heights as: “the vertical distance from grade plane to the average height Page 49 of 86 3 of the highest roof surface.” The proposed ordinance includes recommendations (not requirements) on building design, with an emphasis on creative and high-quality design. Comment #6 (Commissioner Mendez): Clarification on what the proposed amendment would regulate or change regarding signs. Are they similar to the standards in the Interstate I-182 Overlay District? Response: The proposed amendment will not modify the content of signs. The provisions of Title 17 “Sign Code” of the Pasco Municipal Code govern signs. The proposed amendment specifies specific restrictions on sign placement to reduce or mitigation safety hazards that would pose a threat to public health and safety. The proposed sign standards are similar to those in the Interstate 1-182 Overlay District. Comment #7 (Commissioner Torres): How is the proposes amendment applied citywide, with respects to the Comprehensive Plan? Response: Pending adoption, the proposed Mixed-Use Zoning District would be a permitted zoning district allowed via the Mixed Residential and Commercial Land Use. The 2018-2038 Comprehensive Plan describes the intent of the Mixed Residential and Commercial Land Use is to allow a combination of mixed-use residential and commercial in the same development. The proposed amendment implements the Comprehensive Plan and the Mixed Residential and Commercial Land Use with a new option that is not currently available. Policy Guidance The proposed code amendment would implement and consistent with the following: • 2018-2038 Comprehensive Plan o Land Use Element o Housing Element o Transportation Element • City Council 2022-2023 Goals o Economic Vitality  Implementation of the Comprehensive Land Use Plan through related actions including zoning code changes, phased sign code update, and development regulations and standards. Applicability and Implementation The Mixed-Use Zoning District would be applicable to lands within the Mixed Residential and Commercial Land Use. The Mixed Residential and Commercial Land Use covers approximately 430 acres of lands within the Pasco Urban Growth Area. As indicated in the 2018-2038 Comprehensive Plan, and codified in PMC 25.215.015, the intent of the Mixed Residential and Commercial Land Use is to allow a combination of residential and commercial uses within the Page 50 of 86 4 same development or development site. The Land Use also encourages a variety of housing typologies ranging from single-family to townhomes, apartments, and condominiums at a density of 5 to 29 units per acre. While the Comprehensive Plan encourages mixed-use developments, there is not a zoning district that would enable this citywide. The proposed amendment would implement the Mixed Residential and Commercial Land Use, allowing an applicant to utilize the proposed zoning district to meet the intent of the Comprehensive Plan. Implementation of the proposed code amendment would require a rezone that is conformance with the Comprehensive Plan. For example, a parcel that is currently zoned C-1 in the Mixed Residential and Commercial Land Use, may apply for a rezone to the new MU (Mixed-Use District). This requires a public hearing with the Pasco Hearing Examiner, followed by a final approval by the Pasco City Council. Subsequent permits for buildings and projects would then be required to be in conformance with established district standards. Development Standards As indicated in the background section, the proposed code amendment would modify the existing Waterfront Development Zoning District (WDD) to accommodate mixed-use projects citywide. A summary of proposed changes is attached to the staff report as Exhibit A. The draft ordinance (Exhibit B) provides all proposed changes to the WDD. Environmental Determination City staff issued the Notice of Application for on November 29, 2022. A Determination of Non- Significance was issued on December 28, 2022, indicating that the City has determined the proposal does not have a probable adverse impact on the environment. No comments were received on the SEPA. Staff Report Exhibits • Exhibit A: Summary of Changes • Exhibit B: Draft Ordinance RECOMMENDATION MOTION: I move to close the public hearing on the proposed code amendment for the Mixed- Use Zoning District (CA2022-003) and recommend the Pasco City Council adopt the proposed code amendment as contained in the January 19, 2023, staff report. Page 51 of 86 CALL TO ORDER City of Pasco Planning Commission meeting was called to order at 6:30 p.m., by Chair Jerry Cochran. PLEDGE OF ALLEGIANCE Chair Cochran led the Pledge of Allegiance. ROLL CALL Commissioners Present: Jerry Cochran, Paul Mendez, Abel Compos, Kim Lehrman, Rachel Teel, Rosa Torres, and Mitchell Moffitt, and Dana Crutchfield, a quorum was declared. Commissioners Absent: Jay Hendler Staff Present: Community & Economic Development Director Rick White, and Senior Planner Jacob Gonzalez and Administrative Assistant II, Carmen Patrick. WELCOME AND ANNOUNCEMENTS Chair Cochran explained the Planning Commission is an advisory board made up of volunteers appointed by City Council. He further explained the purpose of the Planning Commission was to provide recommendations to City Council regarding changes to the City’s Comprehensive Plan, Land Use Updates, Block Grant Allocations and Zoning Code. The Planning Commission is tasked with considering the long-term growth and development of the community, the impact of land use decisions on community, livability, economic opportunity, housing affordability, public services, and the environment. Chair Cochran reminded the audience tonight’s proceedings were being broadcast live on City of Pasco’s Facebook page and on Charter Cable PSC Channel 191 and will be rebroadcast several times during the next month. He stated the meeting was also being recorded and could be watched on City of Pasco’s website, which is Pasco-wa.gov. Click on the VIDEO ON DEMAND link and make your selection there. Chair Cochran stated copies of the meeting agenda were available on the back table. He then asked that everyone silence cell phones to prevent interruptions during the meeting. For those present this evening, when you are given the opportunity to address the Commission, please come to the podium, speak clearly into the microphone, and state your name and city of address for the record. Chair Cochran reminded the audience and the Planning Commission that Washington State Law requires public meetings like the one being held this evening not only be fair, but also appear to be fair. In addition, Washington State Law prohibits Planning Commission members from participating in discussions or decisions in which the member may have a direct interest or may be either benefited or harmed by the Planning Commission’s decision. An objection to any Planning Commission member hearing any matter on tonight’s agenda needs to be aired at this time or it will be waived. Chair Cochran asked if there were any Planning Commission members who have a declaration at this time regarding any of the items on the agenda. Page 52 of 86  No declarations were made. Chair Cochran asked if anyone in the audience objected to any Planning Commission member hearing any of the items on the agenda.  None heard, record shows there were no declarations. Chair Cochran stated the Planning Commission needed and valued public input explaining it helped the Commission understand the issues more clearly and allowed for better recommendations to City Council. Furthermore, in many cases, this could be the only forum for the public to get facts and opinions placed into the official record and City Council will use to make the Commission’s decision. He encouraged those present to take full advantage of this opportunity. APPROVAL OF MINUTES Commissioner Moffitt moved to approve the Planning Commission meeting minutes of December 15, 2022. Commissioner Torres seconded, and the motion carried unanimously. OLD BUSINESS None PUBLIC HEARINGS A. Code Amendment Mixed Use Zoning District (CA2022-001) Good evening members of the Planning Commission. This is a proposal that you've seen before you both in October and November and December of last year. The item was continued from the December meeting to provide some additional opportunity for input and feedback from those in the development community. Background:  The Comprehensive Plan designates multiple areas as “Mixed Residential Commercial: but there is no corresponding zoning code.  Proposal is to amend PMC 25.17, the Waterfront Development District, which was written for Osprey Pointe.  Rename 25.17 to “Mixed Use (MU) District” and modify for City-wide applicability. Comments from the Planning Commission regarding this matter in December:  Circulation and Transportation  Impacts to Osprey Pointe  Height Thresholds  Other Input Received The Mixed Use Zoning District, from staff perspective, certainly aligns and implements several Comprehensive Plan policies based on the land use, housing and transportation element. We think it definitely aligns with council goals adopted last year on economic vitality to provide zoning districts that are based on market demand, that can develop the Page 53 of 86 community in a way that meets the vision expressed by council and that as heard by residents of the City of Pasco and providing businesses with another option for developing in the City as well. Just a short presentation for you this evening. We do have representatives from the applicant here in the audience today if you have additional questions, but other than that, that concludes this presentation today. Again, staff does concur with the proposal and what's included, and there is a recommendation for approval of the City Council on this effort.  Public Comment: Nicole Stickney, AHBL, 5804 Road 90, Ste. H, Pasco, WA. Thank you, Planning Commission and staff. We advanced this application on behalf of a developer that we're working with who owns property, who would like to have this zoning district applied to their property someday, hopefully very soon, and do some mixed use projects. I wanted to highlight that I was also involved with the Waterfront Development District code that came about some time ago when the Port of Pasco had brought it to the City as a proposal. I wasn't at the very front end, I wasn't involved with the primary development of that code, but I know that it was based on best practices and that they had researched where there was really good, effective code put in place in other communities for a mixed use. And they were looking for some flexibility at the Osprey Point District. I did help make some revisions to their proposal and then helped present in front of this body actually, and then I believe City Council as well, just to see that ordinance through, and it was adopted, as Jacob mentioned, a few years back. This time around, we approached the City and we said, look, we're looking to do some mixed use code development writing. We know that that's sort of a missing element in your code. What do you think, staff? Is that something you're already working on? We don't want to duplicate efforts and the response was that it's on our work schedule, we're going to be taking it on, but it's going to take some time. So, we said, okay, well, we'll take the lead on this. And so my client allowed me that opportunity to work with him. We sat down with an architect, so this has been well vetted is what I'm trying to point out. Not only did we base this code on existing code in the City of Pasco for the Waterfront Development District and made some amendments to it, but we really thought carefully about how it coordinates with other parts of Pasco's code. We looked very carefully to make sure that there wouldn't be inconsistencies or even conflicts with different parts of the code. So, we really worked this quite in a detailed fashion through and had a lot of meetings and discussions with Jacob along the way too. In fact, we were going to propose a standalone chapter to be added and he said, why don't you instead bring it alongside to this waterfront development district and we'll broaden it. So, we took that recommendation. So, in any event, we would ask that you would recommend approval tonight to your City Page 54 of 86 Council and thank you for all the processing that you've done to this date. Thank you to staff for all that they've done. I know this has gone through SEPA environmental review. This has gone now to a couple of different meetings before this board, and there's been opportunities for the public to weigh in on it. We just see it as a win-win, though, and something that's going to be really beneficial to the community. And I'm happy to answer any questions that you might have about it, thank you. Commissioner Cochran asked, are there examples of how this is implemented in practice? Ms. Stickney answered we actually had some slides when we introduced some of the concepts a while back with that waterfront development district when that first came about and I was working with the Port of Pasco. I’m trying to remember back to some of our examples. But we showed pictures of some development in Spokane that has been very well received, and I'm struggling to remember the name of it. Kendall Yards. Yes. So that's a classic example that a lot are familiar with. Certainly some of the other slides we showed were examples over in the Portland area. And that's in part because the person who kind of started this on behalf of the Port of Pasco, the planner that they originally had retained was from that area. And so there were some transit oriented development type examples that we had, things like that. So, they have the great light rail line down there, and there's a lot of mixed use buildings along some of those transportation corridors. So, there's really good examples out there. And I think the time has come to introduce some of this type of development to Pasco. I think as you read through the code, I'm hoping that you get the sense that what we're trying to do is just more, right. We're just trying to add an extra layer of engagement for community to live and shop or work in the same site and have some flexibility there instead of separating all of our land uses and forcing everybody to walk from here to there all the time. That's not to say that people are going to arrive different ways at the site, but at least there's that synergy that can be achieved. And I think once we have kind of that proof of concept running, then you'll see a lot more of that in the Tri Cities. I know that certainly you probably have realized that there are some new styles of development coming to town, and so we want to make sure that we can facilitate that and shepherd in the right types of that new development. Commissioner Crutchfield asked just exactly where is this located? Ms. Stickney answered this would be considered a floating zone. And that's a term when you create a new zoning district that you don't have any place where it's assigned on the ground yet. And that will hopefully change very soon. But for right now, you have a Waterfront Development District, you have that zoning assigned at Osprey Point, but you don't have a mixed use district zoning district assigned in the City. There are certain properties that will be eligible to be rezoned to that designation once an ordinance is passed and this floating zone comes into existence. The properties that would be eligible for where they could request for a rezone are those that are labeled as mixed residential and commercial land use. Page 55 of 86 So, there are certain areas, and I think it's like a magenta color or something like that in your Comprehensive Plan map. Those are the areas in town where it's not going to change anyone's zoning right away. Right. But if they want to, they can apply. Okay, I have commercial zoning now, I'd rather be in the mixed use or I have something else and I'd rather be in the mixed use, and I'm eligible if that's already shown on the Comprehensive Plan. So the Planning Commission, the City Council, we've already done the groundwork through the Comprehensive Plan update to identify those areas of town that would be suitable for mixed use development. But the missing piece is that you don't have it in your zoning code. So, this is just to remedy that and then we'll have the opportunity and time to come and say, okay, now we're ready. We want to rezone and be able to be entitled to that type of development for specific property. But anyone else who wants to do a mixed use development would need to do the rezone process. So, there's still steps involved. Commissioner Torres asked what gaps are you trying to fill regarding the original waterfront code? Ms. Stickney answered yeah, it's not really something that was so much missing with that. That was really written to be tailor made to specific location and for a specific purpose. But as I described, our method was to come up with a mixed use zoning district rather than have it be a standalone. Staff had said, let's work it out so that it can be the same chapter but apply to the different locations in town. So really, it's just broadening opportunity. That's how I would put it. I wouldn't say that we're trying to fill in anything, because I think that district, the Waterfront Development District, I don't know if staff come up with anything, but I imagine that they see that it works pretty well in terms of permitting and everything else. I can't speak for them, but it's good code. It was adopted. It's been on the books for a couple of years now. And so, it's a good idea to expand those opportunities in the City, and this will move the City one step closer in implementing your Comprehensive Plan under Growth Management Act. So, it's a step in the right direction, certainly.  Comments/Questions from Commissioners Commissioner Lehrman close the public hearing on the proposed code amendment for the Mixed Use Zoning District CA2022-003 and recommend that Pasco City Council adopt the proposed code amendment as contained in the January 19, 2023 staff report. Seconded by Commissioner Moffitt, motion passed unanimously. Page 56 of 86 Chapter 25.127 Proposed Mixed-Use Proposed amendments to the WD Waterfront Development DistrictPage 57 of 86 Background Application submitted to amend PMC 25.127 The Comprehensive Plan designates multiple areas as “Mixed Residential Commercial” but there is no corresponding zoning code Proposal is to amend PMC 25.17 (Waterfront Development District) which was written for Osprey Pointe Rename 25.17 to “Mixed Use (MU) District” and modify for City-wide applicability Page 58 of 86 OVERVIEW OF CHANGES NEW: •PMC 25.127.070(17) Building Design Standards •PMC 25.127.070(18) Screening Standards •PMC 25.127.070(19) Temporary Business Standards •PMC 25.127.070 (20) Sign Standards REVISED: •PMC 25.127.070(6) Dimensional Standards •PMC 25.127.070(10) Building Height •PMC 25.127.070(13) Landscaping •PMC 25.127.070(15) Design Standards (Transportation)Page 59 of 86 PURPOSE STATEMENT The purpose of the mixed use (MU) district is to allow the location of a compatible and integrated mix of commercial (and office, education and government uses) with residential uses, as established within the comprehensive plan. This zone district is intended to provide a high level of diversity in housing types including townhouses and flats in mid-rise buildings ranging from two to six stories to move toward the city’s land use and housing goals and policies relating to density and a broad range of housing types, as required under the Growth Management Act, Chapter 36.70A RCW. In addition, ground floor neighborhood-scale commercial and/or office uses are encouraged to create a cohesive bike-and pedestrian- oriented community. These uses are to be designed to complement and support the nearby retail, office, and residential uses and located in resulting in reduced vehicle trips and a more sustainable and convenient environment with potential access to transit.Page 60 of 86 AGENDA REPORT FOR: City Council April 5, 2023 TO: Adam Lincoln, Interim City Manager City Council Workshop Meeting: 4/10/23 FROM: Rick White, Director Community & Economic Development SUBJECT: Update on Housing and Transportation Efforts I. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: The purpose of this update is to provide the City Council with the progress and status made on two primary elements of the Pasco Comprehensive Plan: housing and transportation. The Growth Management Act (GMA) requires the Comprehensive Plan of cities and housing and transportation include and Washington in counties to mandatory elements (RCW 36.70A.070). The GMA places a strong emphasis on implementation, and the goals in a comprehensive plan cannot be achieved without a strong regulatory structure. Communities planning under the GMA, such are that development adopt regulations required are Pasco, as to consistent with adopted comprehensive plans. The current Pasco Comprehensive Plan for 2018-2038, was adopted by the Pasco City Council on June 7, 2021. In an effort to implement established Council Goals, related plans, policies and the Comprehensive Plan, staff has moved forward introducing several initiatives, in the form of code amendments and planning efforts to address housing and transportation. City staff has detailed the progress made on implementation efforts below. Page 61 of 86 Housing • Adoption of E2SHB 1923 to Increase Residential Building Capacity (2019 - 2022) In 2019, with City Council authorization, staff pursued a grant opportunity with the Washington State Department of Commerce to evaluate code amendments to increase residential building capacities. That effort resulted in a multi -year process that concluded with the successful adoption of changes that eased the restriction on missing middle housing, increase lot size flexibility and added Pasco to the growing list of communities that now allow attached and detached accessory dwellings citywide. The City of Pasco was one of 52 communities in Washington that applied for and received grant funding t o support the code amendments. • Housing Solutions Lab (2021) In the Fall of 2021, Pasco was one of five communities selected nationally to participate in the Housing Solutions Lab, hosted by the NYU Furman Center, with support from the Lincoln Institute of Land Policy. The Housing Solutions Lab provided virtual training that has helped guide staff in developing and refining our local comprehensive housing strategy. In particular, the lab has helped the Department develop a balanced housing strategy that aims to: Create and preserve affordable housing units; Align hou sing supply with local market conditions; Help households access and afford market-priced housing; Protect against the displacement of residents and prevent poor housing conditions. City staff from Planning, Economic Development, Community Development Block Grant, and the City Manager's Office participated in the workshops. • Peer Cities Network (2022) In early 2022, the City of Pasco was one of nine cities selected nationally to participate in the Peer Cities Network. The network was convened by the Housing Solutions Lab at the NYU Furman Center, with support from the Robert Wood Johnson Foundation. The City put together a team that included staff from Benton Franklin Health District and the Housing Authority of Franklin County/the City of Pasco. Over the span of 10 months, Pasco staff engaged with policy experts and housing researchers from around the country to address pressing local housing policy challenges and identify policy solutions that increase access to opportunity and the health and well-being of residents. • Anti-Displacement and Funding Affordable Housing Research (2022- 2023) In September 2022, City staff applied for and was selected by the New York University develop to Service Public Graduate School antiWagner of - displacement housing strategies and identify policies to minimize the displacement of or disparate impacts on low-income residents, and the Page 62 of 86 evaluation of funding strategies to support affordable housing development. City staff has been working with the Capstone team throughout the a cademic year, which included a visit and presentation from the students in January 2023. A final report will be ready to share with the public and housing stakeholders in late April, followed by a presentation in May. The results of this research will supplement the ongoing development of the Housing Action and Implementation Plan. • Residential Design Standards Code Amendment, Phase 1 (2022 -2023) Following the adoption of the House Bill 1923 amendments, staff began preparing for an update to the zoning code that would revise development regulations, with a particular emphasis on housing flexibility. Elements of the Phase 1 update are supported by the local development community, which has continued to provide input on the draft that was recommended by the P lanning Commission in November 2022. Staff notes that this effort represents a significant update to Title 25 (Zoning) of the Pasco Municipal Code (PMC) and will ultimately yield a zoning code that reflects local market conditions while accommodating future growth demands. Primary changes associated with the amendments include increased flexibility for lot size and frontage requirements, provisions for access and open space. Staff expects to present on the code amendment this Spring. • Housing Action & Implementation Plan (2022-2023) Pasco was one of 44 cities that pursued and received funding from the Washington State Department of Commerce to develop a housing action plan. Pasco’s Housing Action and Implementation Plan (Plan) will provide the City with a “how to” guide for encouraging the development of additional housing options. The Plan will highlight the input from stakeholders and community members to determine the strategies and actions necessary to address housing constraints and challenges. The Plan will include a housing needs assessment, an updated housing capacity analysis and a housing market analysis. The planning process includes a significant amount of public outreach and engagement. In December 2022, the City invited stakeholders to launch the plan and to learn about their thoughts on current conditions, needs and issues to address. Representatives from several public, private and non-profit agencies and organizations attended. A public survey will be released in early April 2023 to collect input from community members about their experiences with the local housing market. A second stakeholder's workshop is scheduled for early May 2023. The Plan is expected to be ready for a draft release by this summer, with a final Plan ready in the fall. Page 63 of 86 Housing Summary In addition to the above-mentioned efforts, the City has been recognized at the local, state, and national levels for the significant progress made in increasing housing options. City leadership has had a significant role in state policy, and staff continues to receive requests to share their efforts and how they were accomplished with communities across the state. The efforts on housing will continue to be addressed and will result in a Comprehensive Plan that successfully implements its Housing Element. Transportation In an effort to continue the implementation of the long -established Pasco City Council adopted recently the and Goals, Comprehensive the Plan, Transportation System Master Plan, city staff have recommenced the street connectivity amendment proposal. As a reminder, the proposed amendment is intended to address transportation planning goals adopted by the Pasco City Council. The proposed street connectivity amendment was subject to eight public therecommendation by a including hearings, full Planning Pasco Commission on October 15, 2021. The need to improve and assure connectivity within the City's transportation system, specifically the development of an integrated transportation network, has been reflected in City Council Goals dating back to 2010. The importance of such connectivity was identified as early as the West Pasco Traffic Analysis Study from 1992 and the Interstate I-182 Sub-Area Report from 2003. Since that time, and as the City has continued to rapidly grow, the need to address connectivity at a policy level has continued to be on the minds of the City The Pasco’s of reliability staff. and members community Council, transportation facilities, specifically the development of an integrated transportation network, has been reflected in City Council Goals dating back to 2010. The importance of such connectivity was identified as early as the West Pasco Traffic Analysis Study from 1992 and the Interstate I-182 Sub-Area Report from 2003. Recommendations of the Street Connectivity amendment include updates or establishing standards for the following: - Facility Spacing - Access Management - Connectivity Standards The following agencies and organizations have provided and expressed their support for the Street Connectivity proposal. Staff was recently contacted by the Multimodal Planning Office at the Washington State Department of Commerce Page 64 of 86 for experience on the Street Connectivity proposal, in an attempt to implement similar standards related to the state's target goals on vehicle miles traveled. - Pasco Fire Department - Washington State Department of Transportation - Benton-Franklin Council of Governments - Visit Tri-Cities - Bike Tri-Cities - Sustainable Tri-Cities (advocacy organization) The proposal has received comments asking for a pause and delay from the HBA-TC and the Tri-City Association of Realtors. Both organizations have expressed adto need the and Council of support their Goals dress the transportation system challenges. The points of the opposition have been provided below. - Increased Regulations - Increased Cost - Compatibility (Relevancy) To date, a formal recommendation or alternative proposal has not been received or submitted by either organization that from the staff’s professional expertise, aligns with or archives Council Goals on transportation. Transportation Summary City staff has placed an increased emphasis on improving the development of Pasco’s transportation system due to the increased stress that currently exists and is forecasted on our transportation facilities. Using the available tools and regulations, staff has made modest improvements to the development of transportation network design and planning, However, without changes to development regulations that directly impact transportation, there is no basis for expecting a different outcome. Without further action taken, implementation of the Comprehensive Plan Transportation Element will remain incomplet e. V . DISCUSSION: While there have been various planning efforts, studies, and analyses conducted over the past decades to address transportation planning, no updates to the design of the transportation network itself have been performed. Since 2018, several changes and modifications have been implemented to increase housing affordability. The table below summarizes the changes to the Pasco Municipal Code for housing or transportation since 2011. Page 65 of 86 Page 66 of 86 AGENDA REPORT FOR: City Council March 16, 2023 TO: Adam Lincoln, Interim City Manager City Council Workshop Meeting: 4/10/23 FROM: Steve Worley, Director Public Works SUBJECT: Resolution - Lewis Street Overpass Change Orders I. REFERENCE(S): Resolution Change Orders Summary PowerPoint Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Original Agreement $22,344,999.88 Previously Approved Change Orders Nos. 1-11 $652,936.17 Change Orders Nos. 12-17 $58,892.60 New Agreement Total $23,056,828.65 Proposed total change order amounts are within the planned 5% construction contingency amount. IV. HISTORY AND FACTS BRIEF: Street Lewis existing the replaces Overpass Street Lewis The project undercrossing, constructed under the BNSF Railyard in 1937, with a new bridge over the railyard. On March 1, 2021, Council awarded the Lewis Street Overpass construction contract Casto of amount the in WA Bridge, of LLC cade Vancouver, $22,344,999.88. Page 67 of 86 Since construction began, the project has required eleven change orders for a total of $652,936.17. See the attached summary of previously approved change orders. Six additional change orders are presented for Council approval as follow: • Change Order No. 12 - Clark St. Butterfly Valve ($3,706.47): Per change order 007, Cascade Bridge was directed to add an additional waterline between Clark St. and 1st Ave. After the original quote and change order, the City requested that Cascade Bridge install a Butterfly Valve at Clark St. to provide additional control to the system. This included material and a small amount of survey. • Change Order No. 13 - BNSF Force Account II ($10,000.00): There is approximately one year left on the project where BNSF requires specific work to be completed on their property. Examples include requiring the contractor to install security fencing. Staff is requesting that Council approve $10,000 in force account funds for the remainder of the project. • Change Order No. 14 - Remaining Subgrade Force Account ($20,029.27): In late 2021, the old hotel foundation walls were identified near BNSF abutment 1. Force account work was approved and paid to remove the walls that were in direct conflict. This work was done prior to knowledge of the full scope of the foundation issues. This change order moves costs for the subgrade issues from the minor changes item into its own change order. • Change Order No. 15 - Remaining Waterline Force Account ($4,875.70): The project contractor and construction management company disputed several issues related to previous waterline force account work. After a full investigation of the dispute, it was determined the contractor was correct. These disputed costs are included in the proposed change order. • Change Order No. 16 - Sales Tax from Change Order 11 ($1,239.36): The City removed the sales tax on change order 011 due to a clerical error. Since waterline work should be taxed, this change order compensates the contractor for the appropriate amount of sales tax which should have been included in the previously approved change order. • Change Order No. 17 - Minor Changes 2022 Reconciliation ($19,041.80): To track costs and ensure that payment for small force account work is timely, it is typically paid under the minor change item. The costs in this change order have previously been paid, but this will move the costs incurred during 2022 into a new change order item to Page 68 of 86 more easily identify these costs. This will also allow the Minor Change item to be used for up to $25,000 of new minor items encountered during the project. V. DISCUSSION: The primary purpose of Change Orders Nos. 12, 15, and 16 is to address minor items omitted during previous change orders and settle minor disputes resolved between the contractor and the City. The issues surrounding these items have been evaluated based on the contract and found to be necessary for payment. Change Order No. 13 is necessary to provide a mechanism for the City to compensate the contractor for work directed by BNSF per the Overpass Agreement in place between the City of Pasco and BNSF. Change Orders Nos. 14 and 17 are necessary to shift previously incurred costs into a separate change order to be able to more accurately understand and track overall project costs. City Staff recommends approval of the proposed Change Orders Nos. 12, 1 3, 14, 15, 16, and 17 with Cascade Bridge, LLC. in the amount of $58,892.60. Page 69 of 86 Resolution – Lewis Street Overpass Project - CO 12-17 - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE CHANGE ORDERS NO. 12 - 17 TO THE CONSTRUCTION CONTRACT WITH CASCADE BRIDGE, LLC. FOR THE LEWIS STREET OVERPASS PROJECT. WHEREAS, the City and Cascade Bridge, LLC. entered into a Construction Contract on March 1, 2021, to provide for the construction of the Lewis Street Overpass Project; and WHEREAS, this project involves the construction of a new 562-foot, 4-span, pre-stressed concrete overpass, over the BNSF Railway yard and a new 63-foot, voided slab, overpass over First Avenue. Along with roadway improvements, backfilling, partial structure removal, retaining wall construction, earthwork, paving with HMA, landscaping, storm drainage, illumination, water mains, sanitary sewer, and other associated work; and WHEREAS, the City and Cascade Bridge, LLC. executed Change Order No. 1 through Change Order No. 11 to provide for additional work not included in the original contract; and WHEREAS, previously approved change orders No. 1 - 6 were authorized under the authority provided to the City Manager and the Public Works Director; and WHEREAS, Change Order No. 7 was approved by City Council on October 3, 2022; and WHEREAS, Change Order Nos. 8 – 11 were approved by City Council on November 21, 2023; and WHEREAS, the $58,892.60 amount of Change Orders Nos. 12 - 17, added to the cumulative sum of previously approved change orders, exceeds the Interim City Manager’s authority and thus requires Council approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Section 1. That Change Orders Nos. 12 - 17 to Cascade Bridge, LLC. are hereby approved by City Council. Section 2. The Interim City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to execute Change Orders Nos. 12 - 17, a copy of which is attached hereto, and incorporated herein by this reference as Exhibit A, on behalf of the City of Pasco. Page 70 of 86 Resolution – Lewis Street Overpass Project - CO 12-17 - 2 PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this _____ day of April 2023. _____________________________ Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 71 of 86 Change Order 12-17 Summary Change Order 012 - Clark St. Butterfly Valve $3,706.47 Per change order 007, Cascade Bridge was directed to add an additional waterline between Clark St. and 1st Ave. After the original quote and change order, the City requested that Cascade Bridge install a Butterfly Valve at Clark St. to provide additional control to the system. This included material and a small amount of survey. Change Order 013 – BNSF Force Account II $10,000.00 There is approximately one year left on the project where BNSF requires specific work to be completed on their property. Examples include requiring the contractor to install security fencing. Staff is requesting that Council approve $10,000 in force account funds for the remainder of the project. Change Order 014 - Remaining Subgrade Force Account $20,029.27 In late 2021, the old hotel foundation walls were identified near BNSF abutment 1 and force account work as approved and paid to remove the walls that were in direct conflict. This work was done prior to knowledge of the full scope of the foundation issues. This change order moves costs for the subgrade issues from the minor changes item into its own change order. Change Order 015 - Remaining Waterline Force Account $4,875.70 The project contractor and construction managing company disputed several issues related to previous waterline force account work. After a full investigation of the disputer, it was determined the contractor was correct. These disputed costs are included in the proposed change order. Change Order 016 - Sales Tax from Change Order 011 $1,239.36 The City removed the sales tax on change order 011 due to a clerical error. Since waterline work should be taxed, this change order compensates the contractor for the appropriate amount of sales tax which should have been included in the previous change order. Change Order 017 - Minor Changes 2022 Reconciliation $19,041.80 To help track costs and ensure that payment for small force account work is done timely, it is typically paid under the minor change item. The costs in this change order have previously been paid, but this will move the costs incurred during 2022 into a new change order item to more easily identify these costs. This will also allow the Minor Change item to be used for up to $25,000 of new minor items encountered during the project. EXHIBIT A Page 72 of 86 Pasco City Council Workshop Meeting April 10, 2023 Lewis Street Overpass Update Page 73 of 86 Lewis Street Overpass Update PROGRESS! PROJECT ELEMENTS: •625’ Bridge •Over 1 mile of girders! •Over 900,000 lbs. rebar •70’ Bridge over 1st Ave •55,000 SF of Walls •40,000 CY Wall Backfill •35,520 CY of Borrow •4,000 TONS HMA •6,500 SY SidewalkPage 74 of 86 Lewis Street Overpass Update PROGRESS! ARTIST RENDERING CONSTRUCTION, FEBRUARY 2023Page 75 of 86 PROGRESS! Lewis Street Overpass Update Page 76 of 86 PROGRESS! Lewis Street Overpass Update Page 77 of 86 PROGRESS! Lewis Street Overpass Update Page 78 of 86 Current Schedule: •Ground Breaking Ceremony = June 4, 2021 •Contractor Began Work = August 30, 2021 •400 working day contract •Bridge Open for Vehicles = August 2023 (anticipated) •Substantial Completion Date = April 2024 •Project is behind original schedule by approximately 9 months due to many issues •Underpass Demolition –To Be Determined •To be discussed today Lewis Street Overpass Update Page 79 of 86 Change Orders 1 –11 = $652,936.17 (Previously approved) Change Orders 12 –17 Amount = $58,892.60 (Under discussion today) Change Order 12 –Clark St. Butterfly Valve •Butterfly valve installed at Clark St. •Total Proposed Change Order 12 Amount = $3,403.55 Change Order 13 –BNSF Force Account II •Needed to meet requirements of the BNSF/Pasco Overpass Agreement •Total Proposed Change Order 13 Amount = $10,000 Change Order 14 –Remaining Subgrade Force Account •Exploratory work prior to understanding full magnitude of issue •Total proposed change order amount = $20,029.27 Lewis Street Overpass Change Orders 12-17 Page 80 of 86 Change Order 15 –Remaining Waterline Force Account •Adjustments to existing waterline system required for new improvements. •Total proposed change order amount = $4,477.23 Change Order 16 –Sales Tax from Change Order 11 •Sales Tax from change order 11 was omitted from change order 11 •Total proposed change order amount = $1,239.36 Change Order 17 –Minor Changes 2022 Reconciliation •Captures remaining minor change item from 2022 into a single change order. •Total proposed change order amount = $19,041.80 Lewis Street Overpass Change Orders 12-17 Page 81 of 86 BUDGET DISCUSSION Construction Budget ◦Original Contract Total $22,344,999.88 ◦Approved Change Orders $ 652,936.17 ◦Proposed Change Orders (12-17) $ 58,892.60 ◦Projected Contract Total $23,056,785.04 ◦5% Construction Contingency $ 1,125,900 ◦Change Orders to date (1-17)$ (711,829) ◦Consultant Contract Supplements $ (392,000)(previously executed) ◦Contingency Remaining $22,000 (rounded) Lewis Street Overpass Update Page 82 of 86 Challenges •Large, complex structure in an old area of Pasco •Old building foundations and infrastructure have presented challenges •Project has many large, unresolved issues presenting liability to the City •Issue No. 1 –SEW wall revision ($2.7M) •Issue No. 2 –Schedule impacts from building foundations ($850k, near resolution) •Issue No. 3 –Underpass removal costs ($2M) •Issue No. 4 –Schedule impacts leading to extended consultant costs ($1M) Contractor is arguing impacts are a result of issues with construction plans and specifications •Project team is actively engaging with contractor and design engineer on all issues Lewis Street Overpass Update Page 83 of 86 Lewis Street Overpass Update Questions?Page 84 of 86 QUALITY OF LIFE Promote a high-quality of life through quality programs, services and appropriate investment and re- investment in community infrastructure including, but not limited to: • Completion of Transportation System Master Plan and design standard updates to promote greater neighborhood cohesion in new and re-developed neighborhoods through design elements, e.g.; connectivity, walkability, aesthetics, sustainability, and community gathering spaces. • Completion of the Parks, Recreation and Open Space Plan and development of an implementation strategy to enhance such services equitably across the community. • Completion of the Housing Action and Implementation Plan with a focus on a variety of housing to address the needs of the growing population. FINANCIAL SUSTAINABILITY Enhance the long-term viability, value, and service levels of services and programs, including, but not limited to: • Adopting policies and strategic investment standards to assure consistency of long-range planning to include update of impact fees, area fees to specific infrastructure, and SEPA mitigation measures related to new development, e.g.; schools, traffic, parks, and fire. COMMUNITY TRANSPORTATION NETWORK Promote a highly functional multi-modal transportation system including, but not limited to: • Application of the adopted Transportation System Master Plan including development of policies, regulations, programs, and projects that provide for greater connectivity, strategic investment, mobility, multi -modal systems, accessibility, efficiency, and safety. COMMUNITY SAFETY Promote proactive approaches for the strategic investment of infrastructure, staffing, and equipment including, but not limited to: • Adoption and develop implementation strategies for Comprehensive Fire Master Plan aimed at maintaining the current Washington State Rating Bureau Class 3 community rating. • Collaboration with regional partners to influence strategies to reduce incidences of homeless by leveraging existing resources such as the newly implemented 0.1% mental health sales tax, use of resource navigator programs, and other efforts. • Development of an implementation strategy for the Comprehensive Police Master Plan to support future service levels of the department to assure sustainability, public safety, officer safety, crime control, and compliance with legislative mandates. ECONOMIC VITALITY Promote and encourage economic vitality including, but not limited to: • Implementation of the Comprehensive Land Use Plan through related actions including zoning code changes, phased sign code update, and development regulations and standards. • Completion of Area Master Plans and environmental analysis complementing the Comprehensive Land Use Plan such as Downtown and Broadmoor Master Plans. • Development of an Economic Development Plan, including revitalization efforts. COMMUNITY IDENTITY Identify opportunities to enhance community identity, cohesion, and image including, but not limited to: • Development of a Community Engagement Plan to evaluate strategies, technologies, and other opportunities to further inclusivity, community engagement, and inter-agency and constituent coordination efforts. • Support of the Arts and Culture Commission in promoting unity and the celebration of diversity through art and culture programs, recognition of significant events or occurrences, and participation/sponsorship of events within the community. Page 85 of 86 CALIDAD DE VIDA Promover una calidad de vida alta a través de programas de calidad, servicios, inversiones y reinversiones apropiadas en la infraestructura de la comunidad incluyendo, pero no limitado a: • Terminar el Plan de Transportación para promover más cohesión entre nuestras vecindades actuales y re-desarrolladas a través de elementos de diseño, p.ej. conectividad, transitabilidad, sostenibilidad estética, y espacios para reuniones comunitarias. • Terminar el Plan de los Parques, la Recreación, y los Espacios Vacíos y el desarrollo de una estrategia de implementación para mejorar tales servicios justamente a lo largo de la comunidad. • Terminar el Plan de Acción e Implementación de Viviendas con un enfoque en una variedad de viviendas para tratar las necesidades del aumento en la población. SOSTENIBIILIDAD FINANCIERA Mejorar la viabilidad a largo plazo, el valor, y los niveles de los servicios y los programas, incluyendo, pero no limitado a: • Adoptar las políticas y los estándares de inversión estratégica para asegurar consistencia en la planificación a largo plazo para incluir la actualización de las tarifas de impacto, las tarifas en áreas de infraestructura específica, y las medidas de mitigación SEPA relacionadas con el nuevo desarrollo, p.ej. escuelas, tráfico, parques, e incendios. RED DE TRANSPORTACION COMUNITARIA Promover un sistema de transportación multimodal en alta operación incluyendo, pero no limitado a: • Aplicar el Plan de Transportación que fue adoptado, incluyendo el desarrollo de las políticas, las reglas, los programas, y los proyectos que proporcionan más conectividad, inversión estratégica, movilidad, sistemas multimodales, accesibilidad, eficiencia, y seguridad. SEGURIDAD COMUNITARIA Promover métodos proactivos para la inversión estratégica en la infraestructura, el personal, y el equipo incluyendo, pero no limitado a: • Adoptar y desarrollar estrategias de implementación para el Plan Comprehensivo para Incendios. Con el propósito de mantener la clasificación comunitaria actual en la tercera Clase del Departamento de Clasificación del Estado de Washington. • Colaborar con socios regionales para influenciar estrategias que reduzcan los incidentes de personas sin hogar al hacer uso de los recursos actuales como el impuesto de ventas de 0.1% implementado recientemente para la salud mental, el uso de programas para navegar los recursos, y otros esfuerzos. • Desarrollar una estrategia de implementación para el Plan Comprehensivo de la Policía para apoyar los niveles futuros de servicio del departamento para asegurar la sostenibilidad, la seguridad pública, la seguridad de los policías, el control de crímenes, y el cumplimiento con los mandatos legislativos. VITALIDAD ECONOMICA Promover y fomentar vitalidad económica incluyendo, pero no limitado a: • Implementar el Plan Comprehensivo del Uso de Terreno a través de acciones relacionadas, incluyendo cambios de los códigos de zonificación, actualización en las etapas de los códigos de las señales, y el desarrollo de las reglas y los estándares. • Terminar los Planes de las Áreas y un análisis ambiental el cual complementa al plan integral de uso de la tierra como a los Planes del Centro y de Broadmoor. • Desarrollar un Plan de Desarrollo Económico, el cual incluya esfuerzos de revitalización. IDENTIDAD COMUNITARIA Identificar oportunidades para mejorar la identidad comunitaria, la cohesión, y la imagen incluyendo, pero no limitado a: • Desarrollar un Plan de Participación de la Comunidad para evaluar las estrategias, las tecnologías, y otras oportunidades para promover la inclusividad, la participación de la comunidad, y los esfuerzos interdepartamentales y de coordinación de los constituyentes. • Apoyar a la Comisión de las Artes y Cultura al promover la unidad y la celebración de la diversidad a través de programas de arte y cultura, reconocer eventos o acontecimientos significantes, y participar/patrocinar eventos dentro de la comunidad. Page 86 of 86