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HomeMy WebLinkAbout4766 Ordinance - Creating PMC Chapter 25.176 Drive-Through Facility Design Standards  Ordinance – Creating PMC Chapter 25.176 - 1 ORDINANCE NO. 4766 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, CREATING A NEW CHAPTER 25.176 “DRIVE-THROUGH FACILITY DESIGN STANDARDS,” WITHIN TITLE 25 ‘ZONING,” OF THE PASCO MUNICIPAL CODE WHEREAS, pursuant to RCW 35A.11.020, the “legislative body of each code city shall have all powers possible for a city or town to have under the Constitution of this state, and not specifically denied to code cities by law;” and WHEREAS, Land-Use Policy 1-B of the 2018-2038 Comprehensive Plan states the City’s policy is to enhance the physical appearance of development within the community through land use regulations, design guidelines, and performance and maintenance standards including landscaping, screening, building facades, color, signs, and parking lot design and appearance; and WHEREAS, Economic Development Policy 1-A of the 2018-2038 Comprehensive Plan states the City’s policy is to promote an environment which supports the development and expansion of business opportunities; and WHEREAS, Economic Development Policy 3-A of the 2018-2038 Comprehensive Plan states the City’s policy is to enhance compatibility of commercial and industrial development with residential and mixed-use neighborhoods with appropriate landscaping, screening, building and design standards; and WHEREAS, Transportation Policy 1-C of the 2018-2038 Comprehensive Plan states the City’s policy is to minimize traffic conflicts on the arterial street system by implementing access and corridor management best practices; and WHEREAS, Implementation Policy 1-A of the 2018-2038 Comprehensive Plan states the City’s policy is to maintain city codes, standards and guidelines which are clear, concise, and objective. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Chapter 25.176 entitled “Drive-Through Facility Design Standards” within Title 25 “Zoning” of the Pasco Municipal Code shall be and hereby is created and shall be read as follows:   Ordinance – Creating PMC Chapter 25.176 - 2 Chapter 25.176 DRIVE-THROUGH FACILITY DESIGN STANDARDS Sections: 25.176.010 Purpose. 25.176.020 Application. 25.176.030 Setbacks. 25.176.040 Location. 25.176.050 Parking and Circulation. 25.176.060 Vehicle Stacking Lane Standards. 25.176.070 Noise. 25.176.080 Site Planning. 25.176.010 Purpose. The regulations of this chapter are intended to allow for drive-through facilities as an accessory use to permitted commercial uses and to mitigate the impacts such uses create. Of special concern are noise from idling cars and voice amplification equipment, lighting and queued traffic interfering with on-site and off-site traffic and pedestrian flow. The specific purposes of this chapter are to: (1) Reduce noise, lighting and visual impacts on abutting uses, particularly residential uses; (2) Improve safety and promote more efficient vehicle and pedestrian circulation; and (3) Foster and facilitate economic development.. 25.176.020 Applicability and Application. The regulations of this Chapter apply to all uses that have drive-through facilities, and include: (1) “Drive-through facilities” means an establishment that sells products or provides services to occupants in vehicles or that services vehicles at drive up to service areas, including drive-in or drive-up windows and drive through services. A drive-through facility is composed of two parts – the stacking lanes and the vehicle-related service area. The stacking lanes are the space occupied by vehicles queueing for the service to be provided. The vehicle-related service area is where the service occurs. In businesses with service windows, such as coffee shops, the vehicle-related service area starts at the service window. In businesses where the service occurs indoors, such as car washes, the vehicle-related service area is the area within the building where the service occurs. For other drive-through facilities, such as gas pumps, air compressors, vacuum cleaning stations, the service area is the area where the vehicles are parked during the service. Other examples of drive-through facilities include, but are not limited to, fast-food restaurants, banks, dry cleaners, and pharmacies.   Ordinance – Creating PMC Chapter 25.176 - 3 (2) The regulations of this chapter apply only to the portions of the site development that comprise the drive-through facility. The regulations apply to new developments, the addition of drive-through facilities to existing developments, and the relocation of an existing business operating a drive-through facility. (3) Any property owner applying for a building permit, site development permit or a binding site plan which proposes a drive-through facility shall submit a site plan of the drive-through facility as part of the underlying permit application to the Director of Community and Economic Development or designee. One copy of the map shall be submitted to the City in a digital or electronic format as a Portable Document Format (PDF) (at a scale no greater than one inch to one hundred feet) of the entire contiguous tract owned by the applicant. The site plan shall accurately depict the proposed drive-through facility. (4) In addition to the site plan, supporting documentation may be required to ensure compliance with drive-through facility code standards, as determined by the Director of Community and Economic Development or designee. Such documentation may include information needed to determine the accuracy of materials provided (e.g. length of stacking lanes). The Director may return any incomplete or inaccurate application materials, including site plans, submitted. (5) Drive-through facilities lawfully established prior to passage of this code that do not meet the requirements of this section shall be an established nonconforming use in accordance with PMC 25.170. Modifications, enlargements, or expansions of such existing facilities may be permitted, provided the applicant meets all requirements of this chapter. Nothing in this Chapter shall be construed as permitting any violation of any applicable building or fire code. 25.176.030 Setbacks. All drive-through facilities shall comply with the setback requirements stated below. (1) Service areas and stacking lanes must be set back a minimum of five feet from all lot lines. (2) Service areas and stacking lanes must be set back five feet from all public transportation rights of way such as sidewalks. 25.176.040 Location. Applications submitted for drive-through facilities shall comply with the location requirements as follows: (1) Drive-through facilities shall not be permitted within 125 feet of a residentially zoned, or Comprehensive Plan designated residential property. (a) Measured as the entry point of the drive-through stacking lane to the nearest driveway or other entry point of a residential property or subdivision (e.g. dedicated road).   Ordinance – Creating PMC Chapter 25.176 - 4 Where such residential property is undeveloped, the distance shall be measured to the edge of the nearest property line. (b) Distance between the two points shall be measured by calculating the shortest route between the two points that can be achieved through lawful vehicular travel. (2) Drive-through facilities shall not be approved within 300 feet of a signalized intersection operating at a Level of Service (LOS) D or below or will cause the level of service to fall to a Level of Service (LOS) D or below unless a traffic impact analysis has been submitted and demonstrates that the use will not impair the efficiency or operation of the intersection. (a) Measured as the distance between the entry point of the drive-through stacking lane and the intersection centroid, or midpoint. (b) Distance between the two points shall be measured by calculating the shortest route between the two points that can be achieved through lawful vehicular travel. (3) All driveway entrances, including stacking lane entrances, must be located at least 100 feet from a public street intersection. (a) Measured as the distance between the entry point to the facility and the public street intersection centroid, or midpoint. (b) Distance between the two points shall be measured by calculating the shortest route between the two points that can be achieved through lawful vehicular travel. (4) Drive-through facilities, including stacking lane entrances, must be located at least 100 feet from adjacent drive-through facilities existing prior to the date of application of the new facility. (a) Measured as the entry point from each drive-through facility. (b) Shared entrances are permitted. (c) Distance between the two points shall be measured by calculating the shortest route between the two points that can be achieved through lawful vehicular travel. (d) Where two applicants proposing new drive-through facilities within 150 feet are submitted at the same time, the first applicant submitting a completed application shall be considered an existing facility for the purposes of this section; provided, the existing facility under this section timely obtains a permit.   Ordinance – Creating PMC Chapter 25.176 - 5 25.176.050 Parking and Circulation. (1) Reciprocal access between abutting drive-through establishments shall be required where feasible so that vehicles are not required to enter the public right-of-way to move from one area to another on the same or adjacent site. (2) Drive-through facilities shall provide separate queuing and circulation for drive-through customers that does not interfere with or prohibit pedestrian traffic flow. Drive-through establishments with a stacking lane between the establishment and its designated parking areas shall provide at least one designated internal pedestrian crosswalks to facilitate walk-in or walk- up pedestrian access, as described in PMC 25.176.060(8). (3) For drive-through establishments only, a parking reduction of up to 50% may be approved if the application clearly indicates that the establishment is for carry—out business only, with no indoor dining. Parking reductions shall be approved by the Community and Economic Development Department. 25.176.060 Vehicle Stacking Lane Standards. These regulations ensure that there is adequate on-site maneuvering and traffic circulation, ensure that stacking vehicles do not impede traffic, and that stacking lanes will not have nuisance impacts on abutting residential lands. (1) Customer drive-through and stacking lanes shall provide pavement markings or directional signage for vehicle access. (2) The entry point of the stacking lane shall be located as deep into the site as possible. (3) Customer drive-through stacking lanes shall have a minimum entrance approach width of 12 feet and a 25-foot turning radius at curves. (4) Customer drive-through stacking lanes shall, at a minimum, provide the required capacity as stated below for each respective use: Use Capacity Financial Institutions 100 feet Coffee – Indoor seating 180 feet Pharmacy 60 feet Espresso – Stand Alone < 500 sq.ft. 180 feet Restaurants 200 feet Self-Service Carwashes 60 feet   Ordinance – Creating PMC Chapter 25.176 - 6 (5) Applicants may apply for and be granted a reduced stacking lane capacity from the requirements of PMC 25.176.060 where sufficient evidence is submitted and accepted that demonstrates that a reduction will not impair access or safety on site and within 300 feet of the site on adjacent public rights-of-way. Documentation shall include the most currently available traffic counts (no older than 2 years), level of service, operational efficiency, and customer projections. Information must be verified during annual business license renewal. (6) Customer drive-through stacking lanes shall be measured from the center of the last service window to the entry point of the lane. (7) The drive-through stacking lane shall be situated so that any overflow from the stacking lane does not overflow onto a public street or aisleway of any parking lot. (8) The drive-through stacking lane shall not disrupt any public or private sidewalk, pedestrian pathway, or accessway. Where the stacking lane intersects an internal sidewalk, pedestrian pathway, or accessway, as required under PMC 25.176.050(2), raised or decorative pavement and signage shall be provided. 25.176.070 Noise. (1) Noise emitted from drive-through speakers shall not escape beyond the boundaries of the site in excess of those limits established by PMC 9.130. (2) The noise, exhaust fumes and lighting impacts of automobiles on adjacent residential properties as they queue to wait for drive-through services shall be minimized to the maximum extent practical through the installation of six foot high, sight obscuring, fencing constructed of masonry, vinyl or wood fencing along with other sound dampening with landscaping along any residential property line that is exposed to the drive-through or by the enclosure of the drive- through facility facing such residential property line provided, such fences comply with the required setback requirements when adjacent to or abutting a residentially used, zoned or Comprehensive Plan properties. Any business containing a drive-through facility must also comply with the Landscaping Standards of PMC 25.180.050. In the event any conflict arises, the provisions in this Chapter shall apply with respect to the drive through facility area of the commercial establishment. Use Capacity Full-Service Carwashes 140 feet for single bay facilities of 60 feet at each bay of multi-bay facilities Gasoline Stations 40 feet Other Capacity requirements determined on an individual basis and shall require supplemental documentation, including the most currently available traffic counts (no older than 2 years), level of service, operational efficiency, and customer projections. as determined necessary by the Department. (3)Alternative measures designed to mitigate noise impacts may be permitted as authorized by the Director of Community & Economic Development, where demonstrated through a noise mitigation study conducted by a qualified professional that such mitigation measures adequately provide compliance with PMC 9.130. (4)The application shall provide information that the establishment can and will remain compliant with the environmental noise level regulations of Pasco Municipal Code 9.130. To the extent these regulations conflict with the noise PMC 9.130, the more restrictive regulations shall apply. Section 2. Severability. If any section, subsection, sentence, clause, phrase or word of this Ordinance should be held to the 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. Section 3. 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 4. Effective Date. 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 5th day of May, 2025. APPROVED AS TO FORM: ___________________________ Kerr Ferguson Law, PLLC City Attorney _____________________________ Pete Serrano Mayor ATTEST: _____________________________ Krystle Shanks, CMC City Clerk Published: Sunday, May 11, 2025  Ordinance – Creating PMC Chapter 25.176 - 7