HomeMy WebLinkAbout4481 Ordinance - PMC 25.140 - Planned Unit Development (PUD) amendmentsORDINANCE NO. 4481
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON
AMENDING CHAPTER 25.140 "PLANNED UNIT DEVELOPMENT"
WHEREAS, pursuant to PMC 21.05.020, the City has identified that regulating the
division of land within the Pasco Urban Growth Area to promote the health, safety, convenience,
comfort, prosperity and general welfare of the present and future inhabitants of the Pasco Urban
Growth Area; and
WHEREAS, Title 25 "Zoning" of the Pasco Municipal Code states that the City must
encourage and facilitate the orderly growth and development of the Pasco Urban Area; and
WHEREAS, the purpose of a Planned Unit Development is to provide opportunities for
innovation, creativity and flexibility in land development within the City; and
WHEREAS, the Planned Unit Development is intended to encourage the use of new
techniques and technology resulting in a more creative approach to development of land that will
realize economies of scale and permit flexibility that provides for aesthetic diversification of site
layout and spatial arrangements as identified in PMC 25.140.010; and
WHEREAS, the regulations of the Planned Unit Development were last updated in April,
1999 through Ordinance No 3354; and
WHEREAS, the population of Pasco has increased by 133% from the year 2000 through
2018; and
WHEREAS, the Washington State Office of Financial Management (OFM) population
estimates expect a 63% increase to a total of 121,828 in Pasco by the year 2038; and
WHEREAS, the minimum site area requirement of ten acres has been a limiting factor in
the application of a planned unit development in Pasco; and
WHEREAS, the minimum density requirement will ensure that a proposed Planned Unit
Development will meet the intent of the Land Use Classifications identified in the Comprehensive
Plan; and
WHEREAS, the Bonus Criteria for Density and Open Space for a Planned Unit
Development is now established; and
WHEREAS, the use of private streets is now clearly defined with approved standards as
provided by the City of Pasco Public Works Department; and
WHEREAS, Policy LU -3-13 of the City's Comprehensive Plan identified the
encouragement of infill and density development to protect open space and critical areas, and to
accommodate population increases and provide support for more walkable neighborhood; and
Ordinance — PMC 25.140 - 1
WHEREAS, Goal H-2 of the City Comprehensive Plan states that Pasco strive to maintain
a variety of housing consistent with the local and regional market; and
WHEREAS, City Council Goals from 2018-2019 include growth management strategies
of infill and consideration of affordable housing needs. NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
Section 1. That Chapter 25.140 of the Pasco Municipal Code shall be amended and shall
read as follows.
Chapter 25.140 PLANNED UNIT DEVELOPMENT
Sections:
25.140.010 - Purpose.
25.140.020 - Permitted uses.
25.140.030 - Minimum site area.
25.140.040 - Relationship to adjacent areas.
25.140.050 - Phased development.
25.140.060 - Combined preliminary and final PUD.
25.140.070 - Concurrent platting.
25.140.080 - Design standards and requirements.
25.140.090 - Procedure for approval of planned unit developments.
25.140.100 - Effective preliminary planned unit development approval.
25.140.110 - Preliminary PUD approval expiration.
25.140.120 - Final PUD application.
25.140.130 - Expiration of time limits.
25.140.140 - Changes and modifications.
25.140.150 - Building permits.
25.140.010 - Purpose.
The purpose of this chapter is to provide opportunities for innovation, creativity and flexibility in
land development within the City. it is intended to eneeufage the tise of fiew teeli o n
teehnelegy resulting iii a tner-e er-eative appr-eaeh to develepmet-A of !and that will r-eahze
> >
tAilities an
epen-spaee—.It is intended to encourage the development of efficient, hiWi quality development
through flexibility in building controls, including density, lot sizes. setbacks and heights, The result
must preserve and enhance the public health, safety, welfare and access of the community and
must be consistent with the Comprehensive Plan.
Furthermore, it is the purpose of this chapter to:
Ordinance — PMC 25.140 - 2
(1) Encourage development that enhances the quality of life while protecting the health,
safety, welfare and access.,-� of residents;
(2) Increase housing supply and the choice of
housing styles available in the community;
(3} Preserve to the greatest extent possible the existing land forms and natural vegetation
and minimize adverse effect on sensitive environmental areas:
Promote high-quality desig<1_and
aesthetics:
(54) Eiieeufage develepmei4 ef land eses that will be eewpatible with a -ad Tilll Vll L
Lessen development impacts on ad'acent areas
throw fl7 site desi rt and necessary mitigation measures: and
(0) Provide guidelines for development of planned unit developments. [Ord. 3354 § 2,
1999; Code 1970 § 25.62.010.]
25.150.020 — Permitted uses.
The planned unit development district may be approved for any use or combination of uses
permitted by this title except combinations of residential and industrial uses. Uses permitted in any
specific PUD district shall be enumerated in the ordinance establishing such a district. [Ord. 3354
§ 2, 1999; Code 1970 § 25.62.020.]
25.140.030 - Minimum site area.
The minimum site area for a Planned Unit Development within a ro )osed development
application, including the area of public and/or private streets. shall be as follows:
Comprehensive Plan Land Use Classification
Minimum Site Area (Acres 1
Low Density Residential
2
Mixed / Medium Residential
None
High -Density Residential
None
Mixed Residential / Commercial
None
25.140.040 - Relationship to adjacent areas.
The design and layout of a PUD shall take into account the relationship of the site to the
surrounding areas.
(1) The streets stem of a proposed Planned Unit Develo )ment shall be desi ied to
connect with existing_ proposed. and planned streets outside of the proposed site:
2 Planned streets shall connect with surrounding streets to permit the convenient
movement of vehicles and to facilitate emergency access and evacuation; and
Ordinance — PMC 25.140 - 3
( 3) The perimeter of the PUD shall be so desig:nied as to minimize any adverse impact on
adjacent properties.
The per-iffieter- ef the PUD shall be so designed as te minimize any undesirable impaet e
25.140.050 - Phased development.
Development of a planned unit development may be phased, in which case all the property
anticipated for PUD development shall be submitted as a preliminary PUD showing a conceptual
depiction of the eventual development through all phases. Subsequent to legislative approval of
the preliminary PUD plan, portions of the development may be submitted as a final PUD for review
and approval. [Ord. 3354 § 2, 1999; Code 1970 § 25.62.050.]
25.140.060 - Combined preliminary and final PUD.
In all cases, the preliminary PUD and final PUD may be combined and processed as a final PUD.
[Ord. 3354 § 2, 1999; Code 1970 § 25.62.060.]
25.140.070 - Concurrent platting.
Plats for PUDs requiring platting may be processed concurrently with the PUD approval
procedures. [Ord. 3354 § 2, 1999; Code 1970 § 25.62.070.]
25.140.080 - Design standards and requirements.
(1) Subdivision Requirements. If land or structures within a proposed PUD are to be sold
to more than one person, partnership, firm or corporation, or are to include the dedication
of land, then the proposed PUD shall be subject to the short plat or long plat procedures of
PMC Title 21;
(2) Right -of -Way Requirements. City policy with regards to the dedication of right-of-
way and right-of-way improvements as established in Resolution No. 1372 and PMC
12.04. 100 are waived in a PUD;
(3) Zoning Requirements. A planned unit development shall be exempt from the minimum
lot size and setback standards of this title except, where on-site parking is located in front
of a structure, that portion of the structure shall be set back 20 feet from the property line;
(4) Density Requirements. A minimum and maximum density requirement shall be
established for each land -use identified in the Comprehensive Plan. The densit
requirements are provided in the table below:
Land Use Classification Minimum Density I Maximum Densit
Ordinance — PMC 25.140 - 4
Low Density Residential
5 du / acre
7 du / acre
Mixed Residential
12 du / acre
20 du / acre
Higli Density Residential
21 du / acre
35 du / acre
Mixed Residential / Commercial
17 du / acre
35 du / acre
(54) Density Bonus. The i.asie density i „ planned , , it deye ,,,,, efA shal be established
lishea
The Plamling
Gen*aissiea may r-eeemmead and the City Hearin • Examiner may authorize a
density not more than 20 percent greater than what is otherwise permitted of the underlying
land use, following findings that the amenities or design features which promote the
purposes of this chapter are clearly identified and provided;
6) Amenities and Onen Space Requirements. The PUD shall provide not less than X15
percent of the gross land area for common open space. Common open sj2ace shall be
accessible to all owners or tenants of the development at the time of final approval. Open
space shall be Provided for active or passive recreational activities and for the preservation
of existing natural site amenities whenever possible. Maintenance and operation of the
open sace shall be the responsibilily responsibilityof the property(s) owner or homeowners association.
(a) Open space shall not include:
i. Streets. alleys. and other rights-of-way=
ii. Vehicle drives_ parking, loading and storage areas;
b) Examples of amenities and oven space can include but not limited to:
i. Pedestrian pathways and bike trails:
ii. Ogen lawn areas, Playgrounds, recreation fields;
iii. Community gardens:
iv. Community club area;
V. Swimming, pool:
vi. Plazas. sitting areas;
(c) Additional examples of uses may found in the latest edition of the City of Pasco
Parks. Recreation and Forestry, Plan
(75) Lot Requirements. Minimum lot areas, lot dimensions, building heights, lot coverage
and yard requirements shall be as established on the approved development plan;
(�8) Setbacks between Buildings. A distance between all structures shall at a minimum
comply with the standards prescribed by the most current edition of the International
Building and Fire Codes as adopted by the City Council;
(9) Public Street Standards. Public street standards as identified in PMC 21.15.020 shall
apply;
Ordinance — PMC 25.140 - 5
(10) Private Street Standards. Private streets require the authorization of the Community &
Economic Development Director and may only be permitted if the applicant can
demonstrate that the minimum density as identified in PMC 25.140.080(4) cannot be
achieved without a modification to the 12ublic street standards. Justification must include
alternative layouts. Private street improvements for a PUD 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 measures 31' back-to-back of curb. Storm water
facilities must be able to treat and retain all storm water on-site without anv runoff enter
City of Pasco right-of-way. -
A PUD improvement will not be allowed where the property owner does not control both
sides of the proposed roadway.
11 Utility improvements. Water, sewer and irrigation if applicable) improvements shall
be required at the time the property, is developed and shall be required for all properties.
Water and sewer utilities shall be extended through the length of the property being
developed. The design and construction of water and sewer utilities shall conform to the
construction standards as 12repared by the City Engineer. To the fullest extentpossible Cit
utilities shall be located in the roadway rism. Adequate easements must be Rrovided for
all utilities as determined by the Citv Engineer::
12 Guest Parkin Guest parking shall be provided when on -street parking is not
constructed. A minimum of one guest parking stall per ten dwelling units and a maximum
of one per six dwelling units is required. All guest parking shall be clearly identified with
signage and striping
(13S) Residential design standards: See PMC 25.165.100. [Ord. 3731 §§ 20 & 21, 2005;
Ord. 3354 § 2, 1999; Code 1970 § 25.62.080.]
25.140.090 - Procedure for approval of planned unit developments.
The approval of a planned unit development shall be by the City Council, upon recommendation
of the Hearing Examiner, and shall be processed in accordance with the following procedures:
(1) Who May Apply. Any owner or group of owners of contiguous property acting jointly
may submit an application for a PUD.
(2) Pre -application. Prior to the acceptance of an application for PUD approval., a pre -
application conference between representatives of the City and the potential applicant is
required. This conference shall be set by the Planning Department at the request of the
potential applicant. The purpose of the pre -application conference is to acquaint the
applicant with various code requirements affecting PUD districts.
(3) Application. The applicant shall file a PUD district application for preliminary plan
approval with the Planning Division. All applications will be processed in accordance with
Ordinance — PMC 25.140 - 6
the provisions of Chapter 25.210 PMC. The application shall be accompanied by the
following:
(a) A filing fee in an amount equal to the rezone fee;
(b) A completed SEPA checklist;
(c) A vicinity map; and
(d) Twelve copies of maps and drawings comprising the preliminary plan.
(4) Preliminary Plan. The preliminary PUD district plan shall indicate or include the
following:
(a) Written documents, including but not limited to:
(i) A legal description;
(ii) Statement of present ownership;
(iii) Statement of intent, including any plans for selling or renting the
property;
(iv) A timetable of development, including a phasing schedule if project
will be developed in phases;
(v) Provisions to assure maintenance of all common areas; and
(vi) Proposed restrictive covenants, if any.
(b) Relationship of the property to the surrounding area, including identification of
land use and zoning of both the site and vicinal properties.
(c) Names and dimensions of streets bounding, traversing or touching upon the
site.
(d) Location and width of proposed streets and pedestrian ways, arrangement of
common off-street parking and recreational vehicle storage areas.
(e) Location, layout and conceptual landscape design of all common yards, open
space and recreational areas.
(f) Proposed method of street lighting and signing.
(g) Existing and proposed utility systems, including irrigation plan.
(h) Existing site conditions, showing contours at five-foot intervals and location of
significant geographic features.
(i) Approximate building locations, buildable areas and building heights.
(5) Public Hearing Before the Hearing Examiner. Following a public hearing, the Hearing
Examiner may recommend approval or denial of the application and accompanying PUD
plans or may recommend imposition of such conditions of approval as are necessary to
Ordinance — PMC 25.140 - 7
ensure conformity to all applicable regulations and the purposes of the PUD district. A
PUD may be recommended for approval only when it has been determined that:
(a) The PUD district development will be compatible with nearby developments
and uses.
(b) Peripheral treatment ensures proper transition between PUD uses and nearby
external uses and developments.
(c) The development will be consistent with the Comprehensive Plan and the
purposes of the PUD district.
(d) The public health, safety and welfare have been served. [Ord. 4433 § 1, 2019;
Ord. 3354 § 2, 1999; Code 1970 § 25.62.090.]
25.140.100 - Effective preliminary planned unit development approval.
Legislative approval of a preliminary PUD shall constitute a zone change of the subject property
from the former zoning designation to a planned unit development zone. The ordinance
establishing a PUD zone will enumerate the uses permitted and the district. [Ord. 3354 § 2, 1999;
Code 1970 § 25.62.100.]
25.140.110 - Preliminary PUD approval expiration.
Preliminary PUD approval shall be effective for five years from the date of approval by the City
Council, during which time a final PUD or the first phase of a staged PUD shall be submitted for
approval. If the final PUD or initial phase is not submitted within the five-year approval period,
the preliminary PUD shall be null and void, unless the Hearing Examiner grants an extension not
to exceed a one-year period. A one-year extension of the preliminary PUD approval does not
require a public hearing. In a phased PUD, successive phases are to be approved and constructed
within five years of the previously approved phase. [Ord. 4433 § 2, 2019; Ord. 3354 § 2, 1999;
Code 1970 § 25.62.110.]
25.140.120 - Final PUD application.
After receiving preliminary approval, the applicant may submit a detailed final development plan
in conformity to the approved preliminary PUD. The procedures for final PUD approval shall be
as those prescribed for preliminary PUD approval in PMC 25.140.090, except the Hearing
Examiner review is not required for final PUD approval under this section. Detailed development
plans shall contain the following information:
(1) Vicinity map;
(2) A detailed site plan in conformance with the approved preliminary plan showing land
uses and vehicular and pedestrian access and circulation;
(3) Boundary survey of the entire property or the development phase;
(4) Construction specification for streets and pedestrian ways, including a typical roadway
section showing location of all utilities;
Ordinance — PMC 25.140 - 8
(5) Location and height of all buildings indicating either the dimensions or the limits
within which buildings will be constructed;
(6) Preliminary engineering plans for water, sewer, storm drainage, electric power,
telephone and gas;
(7) Preliminary subdivision plat if the property is to be subdivided;
(8) Landscape plans for open space, common areas, streets, pedestrian ways and
recreational facilities;
(9) Location, arrangement and dimensions of parking facilities and loading areas;
(10) Preliminary architectural plans and elevations of typical buildings and structures; and
(11) Covenants, property owner agreements or other provisions that will govern the use,
maintenance and perpetual care of the PUD and all of its open space and property held in
common. [Ord. 4433 § 3, 2019; Ord. 3354 § 2,1999; Code 1970 § 25.62.120.]
25.140.130 - Expiration of time limits.
Construction of improvements in a PUD shall begin within one year from the date of final PUD
approval by the City Council. An extension of time for improvements (streets and utilities) may
be requested in writing by the applicant, and such request shall be granted by the City Council for
a period of one year. If construction does not occur within five years from the legislative approval,
the PUD district designation shall be dropped from the official zoning map and zoning shall revert
to the former district designation. [Ord. 3354 § 2, 1999; Code 1970 § 25.62.130.]
25.140.140 - Changes and modifications.
(1) Major changes in the approved final development plan shall be considered as a new
application for preliminary approval. Major changes include:
(a) Change in use;
(b) Major realignment of vehicular circulation patterns;
(c) Increase in density or relocation of density pattern;
(d) Reduction of open space;
(e) Change in exterior boundaries, except survey adjustments;
(f) Increase in building height.
(2) The Planning Division may approve changes in the development plan that are minor
in nature and are consistent with the approved plan. [Ord. 4433 § 4, 2019; Ord. 3354 § 2,
1999; Code 1970 § 25.62.140.]
25.140.150 - Building permits.
No building permits shall be issued until final PUD or phase approval has been granted by the City
Council. The construction and development of all common areas and open space of each project
Ordinance — PMC 25.140 - 9
phase shall be completed to coincide with the completion of structures. For example, when 25
percent of the structures are completed, 25 percent of the common areas are required to be
completed. [Ord. 3354 § 2, 1999; Code 1970 § 25.62.150.]
Section 2. This ordinance shall be in full force and effect five days after passage and
publication as required by the law.
PASSED by the City Council of the City of Pasco, Washington and approved as provided
by law this 3rd day of February, 2020.
C
Saul Martinez
Mayor
ATTEST:
v4J �
Debra Barham, CMC
City Clerk
20 2-o
Ordinance — PMC 25.140 - 10
APPROVED AS TO FORM:
Kerr F son Law, PLLC
C' Attorney