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
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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.
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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.)
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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.
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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.
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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.
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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.
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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.
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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
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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
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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:
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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
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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
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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
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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
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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
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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
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Lewis Street Overpass Update
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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.
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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.
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