HomeMy WebLinkAbout3972 Ordinance ORDINANCE NO. 3 9 7 Z--,
AN ORDINANCE relating to zoning and amending PMC Title 25 dealing with
temporary businesses in the I-182 Overlay District
WHEREAS, in 2001 the Pasco City Council adopted Ordinance 3515 enacting the I-182
Overlay District codified as Pasco Municipal Code Chapter 25.58; and,
WHEREAS, the I-182 Overlay District is developing as a major commercial center for
the City of Pasco providing not only necessary goods and services to its citizens, but generating
sales tax and property tax revenues for the benefit of the City; and,
WHEREAS, it has been determined by the City Council that maintaining a safe and
attractive environment within the Overlay District is of critical importance to the citizens of the
City of Pasco; and,
WHEREAS,the purpose of PMC Chapter 25.58 is to provide development regulations to
create aesthetically attractive buildings and commercial development within the I-182 corridor of
the city; and,
WHEREAS, permanent businesses in the I-182 Overlay District are required to develop
with enhanced architectural features, screening and landscaping in comparison with other
commercial areas of the community; and,
WHEREAS, PMC 25.58 requires the owners of all building sites to maintain their
properties in a clean, safe and well-maintained condition consistent with the enhanced
landscaping and screening requirements; and,
WHEREAS, temporary businesses locating in the I-182 Overlay District have not been
included in the design standards necessary to support the purpose and intent of the I-182 Overlay
District; and,
WHEREAS, temporary businesses locating in parking lots of permanent businesses in
the I-182 Overlay District have scattered and displayed merchandise for sale in a haphazard
fashion on public sidewalks, around parking lots, in areas of parking lots necessary for safe
travel, and on shrubbery and plants in landscaped beds; and,
WHEREAS, the City has received complaints that such temporary businesses have
hindered access to permanent businesses, impaired available parking, caused a distraction to
passing motorists, and created an unattractive condition; and,
WHEREAS, temporary businesses locating in parking lots store items such as propane
tanks, buckets, boxes, coolers, flower pots, dust bins, milk crates, recreational equipment and
satellite dishes around the vehicles from which the businesses operate; and,
WHEREAS, the accumulation of crates, boxes,propane tanks and other items under and
around sales vehicles traps blowing tumble weeds and other debris providing a harborage for
insects, rodents and other vermin that could result in the infestation of nearby buildings and
restaurants thereby endangering the life, health and safety of the public; and,
WHEREAS, the accumulation of crates, boxes, propane tanks and other items under and
around sales vehicles traps blowing tumble weeds, wrappers, papers and other debris creating a
potential fire hazard in publicly accessible parking lots thereby endangering the life, health and
safety of the public; and,
WHEREAS, the haphazard display of products on ropes attached to street lights and
scattered around parking lots near the public right-of-way and products displayed on public
sidewalks creates distractions for motorists thereby diminishing the safety of motorists and
pedestrians using sidewalks and crosswalks; and,
WHEREAS, the storage of large propane tanks in parking stalls of parking lots where
the propane tanks are in constant jeopardy of being driven into, knocked over, and damaged by
vehicles using the parking lot places the life, safety and general welfare of the public at risk; and,
WHEREAS, temporary businesses locating in parking lots have set up permanent
customer seating, and have attached carport structures made of metal siding-like material and/or
plastic tarps to the ground; and,
WHEREAS, temporary businesses locating in parking lots have run water hoses and
electrical extension cords across parking lots creating appearance and safety concerns that are
inconsistent with the purpose and intent of the I-182 Corridor Overlay Distirct; and,
WHEREAS, experience within the community has shown that temporary businesses are
often open for business past 10:00 pm; and,
WHEREAS, temporary businesses conduct business activities out-of-doors where the
conduct of such activities generate noise and commotion that impacts neighboring residential
properties; and,
WHEREAS, without the implementation of dispersal regulations for certain types of
temporary businesses (itinerant vendors) past Police Department reports have shown an increase
in lawlessness with such businesses such as assaults, fights, disorderly conduct, gang activity,
public consumption of alcohol and other criminal activity; and,
WHEREAS, the Police Department has found that where itinerant vendors are located
individually at dispersed locations there are virtually no calls for service and virtually no reports
of lawlessness; and,
WHEREAS, the City Council takes note of Police Department reports and relies on
Police Department experience before making decisions to combat crime; and,
WHEREAS, the City Council recognizes the importance of substantial government
interest of the City to preserve and protect the Overlay District with reasonable regulations to
prevent such activities that may become public or private nuisances, and that the reasonable
regulations enacted by this Ordinance are substantially related to preventing the occurrence of
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such nuisances, and the degradation of the District as well as the preservation of property values
and tax revenues; and,
WHEREAS, the City Council has the responsibility to assure the public health, safety
and welfare are maintained within the community; and,
WHEREAS, the City Council has determined that to maintain and protect the general
welfare, public health and safety and to support the purposes of Pasco Municipal Code Chapter
25.58 it is necessary to amend PMC Title 25, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
Section 1. That Chapter 25.12 of the Pasco Municipal Code be and the same is
hereby amended to include a new sub section 25.12.452 to read as follows:
25.12.452 Temporary Business: Means an itinerant vendor as defined under PMC
5.10A.020 A), B) and C) and any business licensed as a temporary special sales event out of
doors and not included within the business activity licensed for the permanent business located
on the lot.
Section 2. That Chapter 25.58.020 of the Pasco Municipal Code be and the same is
hereby amended to read as follows:
25.58.020 APPLICABILITY. The Development and Design Standards of this Overlay
District will apply to all multi-family zones, office districts (0), retail business districts (C-1),
general business districts (C-3), regional business districts (C-R) and business park districts (B-
P) located in the 1-182 Corridor which is described as follows generally described as that area
located westerly of Road 36 and leg between the Franklin County Irrigation District Canal on
the south and the city limits on the north; said area being more particularly described as:
Beginning at a point on the North Ban4E meander line of the Columbia River, said Point being the
ate intersection of the North meander line of the Columbia River and the north line of the SE
quarter south half of the southwest quarter of Section 44, 12, T9N, R28E; Thence, easterly
along thee- said north line of the setAheas t q er-of ie -12, T 9N, R28E and continuing
easterly along the north line of the south half of the SE quarter of said Section 12, -r9.' :28E to
the Bent°r of said See to a point on said north line a distance of 808-.94 feet plus more or
mites less westerly of the NW corner of the SE quarter of the SE quarter of said Section 12,
T-9N, R28E-; Thence ,,ei4he,-ly a1eeg the eeate.4ine e f said Cooed.,, 12 to the neftl, line thereof.,
line ngNorth 05° 20' 0" East, for a distance of 1,777.0 feet to the East line of the West half
of the West half of Northeast quarter of said Section 12; Thence Northerly along said east line
bearing North 01°, 18', 0" east, to the north line of said Section 12; Thence easterly along the
north line of said Section 12 and continuing easterly along the north line of Sections 7, 8, 9, 10
and 11 all in Township 9 North, Range 29 East to the NE corner of said Section 11; Thence
southerly along the east line of said Section 11 and continuing southerly along the east lines of
Sections 14 and 23, Township 9 North, Range 29 East, to the ifA eetie wit>7 the south right-of-
way line of Interstate 1-182; Thence northwesterly along the-south said right-of-way line of I-
4S-2-to the i t ee fi,n „.a>, the south line of the Franklin County Irrigation District Canal right-
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of-way; Thence westerly along the- said south line of the Franklin County Irrigation District
Canal right-of-way to the intefseefien wit the east right-of-way line of Road 100; Thence
southerly along the said east right-of-way line of Road 100 to the inter-see i°n with the
southeasterly projection of the center 1i ° south line of Lot 29, of Block 2 Peppermint Terrace
Third Addition; Thence northwesterly along said prejee*°a 1i projection and continuing
northwesterly along the ^°tee south line of Lots 22 through 29 all of Block 2 Peppermint
Terrace Third Addition to the northwest boundary of said Addition; Thence continuing
northwesterly along the northwesterly projection of the—eenter- line of Blee k 2 Pepperm�^*
Terfaee Third Addition said south line €er a distance of 657.5 feet; Thence south 46° 45' 43"
west a distance of 779 feet; Thence north 43° 14' 17" west for a distance of 450 feet; Thence
north 46° 42' 28" east a distance of 312 feet; Thence north 43° 17' 32" for a distance of 300
feet; Thence north 46° 42' 28" east for a distance of 85 feet; Thence north 43° 17' 32" west for
a distance of 340 feet to the easterly right-of-way line of Crescent Drive; Thence northeasterly
along the-said easterly right-of-way line of Crescent Drive to the intersection with the south line
of the FCID Canal right-of-way; Thence westerly along the said south line of the rGID °anal to
the inter-seet on with the north line of Section 18, T9N, R29E; Thence westerly along the north
line of said Section 18 to the intersection with the south right-of-way line of Interstate 1-182;
Thence southwesterly along said south right-of-way line of the Interstate 1;-182 right ay to
the intersection with the North meander line of the Columbia River; Thence northwesterly along
the North bank meander line of the Columbia River to the point of the beginning.
Section 3. That Chapter 25.58 of the Pasco Municipal Code be and the same is
hereby amended to include a new sub section 25.58.095 to read as follows:
25.58.095 Temporary Business Standards:
(A) Temporary businesses are only permitted on lots that are fully developed with curb gutte r
and sidewalk and improved with parking lots, landscaping and buildings.
(B) Temporary businesses must be located at least 300 feet from the property line of any
residential) zoned oned property.
(C) Goods, wares and merchandise of any kind can only be displayed or offered for sale from
the temporary business vehicle or conveyance.
(D) Only one temporary business vehicle is permitted per licensee and lot or parcel.
(E) Temporary businesses must be located at least 500 feet apart.
(F) No ancillary or accessory equipment of any kind is permitted to be used with a temporary
business including but not limited to: tables, chairs, benches, picnic tables, umbrellas, propane
tanks, tents, awnings, carport structures, satellite dishes, recreational equipment, amusement
devices, entertainment equipment, portable or temporary shelters, portable heaters, temporary
lighting fixtures, decorative lighting,coolers not located on the business vehicle,
freezers/refrigerators not located on the business vehicle, carpet, fencing, and faux landscape
elements.
(G) No parking lot modifications are permitted for the location of temporary businesses
including but not limited to: curbing, concrete slabs, decking and patios.
(H) Signage is one permitted on the temporary business vehicle and not on public right-of-way
or in parking lots.
(I) No advertising for services activities and products that are not available on or from the
temporary business vehicle is permitted.
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(J) Temporary businesses must be located at least 25 feet from any public right-of-way.,
(K) 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 parkiny,lots.
(L) Required off street parking cannot be diminished by the location and operation of a
temporary business.
Section 4. This ordinance shall be in full force and effect five days after passage and
publication as required by law.
PASSED by the City Council of the City of Pasco, at its regular meeting of
KtbC,e 26., 2010.
Matt Watkins
Mayor
ATTEST: APP AS TO FORM:
Debra L. U lark Leland B. Kerr
City Clerk City Attorney
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