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HomeMy WebLinkAbout4668A Ordinance - Amending PMC 25.127 Mixed Use District - Scrivener's ErrorsOrdinance – Amending PMC 25.20.010 and PMC 25.127 - 1 ORDINANCE NO. 4668A 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: SCRIVENER’S ERRORS This Ordinance corrects Scrivener’s errors and replaces Ordinance No. 4668 See text highlighted in yellow Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 2 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: 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 Waterfront Development District Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 3 MU Mixed-Use District 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 within close proximity to each other, located in resulting in reduced vehicle trips and a more sustainable and convenient environment with potential access to transit. Furthermore, it is the purpose of this Chapter to: (1) Create and maintain usable open spaces for the enjoyment of occupants, employees and/or patrons; Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 4 (2) Encourage a variety of building types including mixed-use structures, for residential and non-residential uses; (3) Encourage maximum efficiency in the layout of streets, use of “complete streets” that incorporate pedestrian, bicycling, and transit options, utility network and other improvements; (4) Promote the sensitive treatment of significant features of the natural environment, including vegetation, waterways and views and viewsheds; and (5) Provide for developments that result in high quality design. 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. 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: Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 5 (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; (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; Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 6 (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; Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 7 (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. (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: Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 8 (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; (10) Swimming pools; and (11) Plazas, courtyard, water features (such as fountains and cascading water features) and other outdoor gathering spaces and amenities. Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 9 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); (9) Churches and similar places of worship (Not applicable to Osprey Pointe); and (10) Parks and recreation facilities. 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; Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 10 (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; (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; Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 11 (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 Osprey Point 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. (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. Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 12 (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. Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 13 (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/ 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. Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 14 (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 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. Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 15 (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. 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 Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 16 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 per 1,000 square feet of gross floor area when located on the ground floor; 1 per 1,000 square feet of gross floor area when located on floors above the ground floor 4 per 1,000 square feet of gross floor area when located on the ground floor; 1 per 1,000 square feet of gross floor area 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 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 1 per 8 seats 1 per 5 seats Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 17 as shuttle buses or vans) or shared parking within walking distance 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 with 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 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 Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 18 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’ Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 19 • 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 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 Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 20 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 660 feet unless no other practicable alternative is available, as determined by CED Director. (i) Exemptions may be permitted when one or more of the following conditions are met: (A) Physical characteristics preclude a block length of 660 feet or less. These conditions may include topography or the existence of physical features, including, but not limited to wetlands, ponds, streams, channels, rivers, lakes or steep grades, or a resource under protection by State or Federal law. (B) Buildings or other existing development on adjacent lands, including previously subdivided but vacant lots/parcels that physically preclude a block length of 660 feet or less, considering the potential for redevelopment. (C) Where the extension of a public street into the proposed development would create a block length exceeding 660 feet, the total block length shall be as close to 660 feet as possible. (D) Where block length exceeds the provisions of this section, a mid-block pedestrian and bicycle connection or accessway shall be provided. (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. Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 21 (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, Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 22 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 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 or residential development. (b) All equipment, material or goods not housed or stored within the primary structure shall be within a 100 percent sight-obscuring fence, wall Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 23 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. All equipment must remain accessible for the applicable utility. (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. (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. Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 24 (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; (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. Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 25 (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. 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. 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 regulati ons; 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. Ordinance – Amending PMC 25.20.010 and PMC 25.127 - 26 PASSED by the City Council of the City of Pasco, Washington, on this 1st day of May, 2023. _____________________________ Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: _________________________