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ORDINANCE NO. 0-11,C1
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AN ORDINANCE AMENDING PMC TITLE 12 DEALING WITH MINIMUM
REQUIREMENTS FOR CONCURRENCY
WHEREAS, RCW 36.70A.070, requires the City to "adopt and enforce ordinances which
prohibit development approval if the development causes the level of service on a transportation
facility to decline below the standard adopted in the Transportation Element of the
Comprehensive Plan, unless transportation improvements or strategies to accommodate the
impacts of development are made concurrent with the development; and,
WHEREAS, RCW 36,70A.070, also specifies that "concurrent with the development"
means that improvements or strategies are in place at the time of development, or that financial
commitment is in place to complete the improvements or strategies within six (6)years; and,
WHEREAS, the City's Capital Improvement Plan contains street improvement projects
with identified ftinding and timing; and,
WHEREAS, the Capital Improvement Plan is considered annually by the City Council;
and,
WHEREAS, the City Council seeks to ensure that the requirements of the State Growth
Management Act are met and avoid disproportionate construction delays in limited
circumstances; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Title 12 of the Pasco Municipal Code be and the same is hereby
amended to delete certain exemptions and include new subsections 12.36.040 (2) and (3) to read
as follows:
1236.040. EXCEPTIONS EXEMPTIO TC Unless otherwise provided, the following
development activities shall not require a concurrency evaluation or the payment of a traffic
impact fee:
LI) Neighborhood parks, boundary line adjustments, tax parcel segregations, final plats,
incidental residential permits, sign permits, tenant improvements and remodels that do
not result in the expansion of existing buildings. Small develepmeiits with 6 lots or- 1
loeated east pf be e�iempt fr-eiffi trtffl.spef4mieti eenetiffeney (stfeet and
sidewalk improvements) provided stieh development has been granted r-eve
by the Publie Wofks Dir-eetef. Said waiver shall be subjeet to the prepeft-Y ev�%e
reeer-ding an agr-eemefit approved by the Pttblie Works Dir-eeter- speeifying a time fiftme
for- eempletion of street and sidewalkiffiffevements and of the agreement to pal4iei"
in a fiiwre leeal impfavement distr-iet for-the eempletion of the fleeessa I i ef4s.
() The requirement under Section 12.36.080A for adjoining street improvements may be
satisfied to accommodate a single dwelling on a lot platted prior to January 1, 2011
provided:
I
A. The street is included within the City's 6-year Capital Improvement Plan.
B. The permittee pays the proportionate share of the Manned street
improvement to the City in conjunction with the building permit.
C. The criteria for consideration of placing a street in the Capital
Improvement Plan includes, but is not limited to:
i. The cost of constructing the required improvement creates a
disproportionate burden upon the permit applicant;
ii. The required improvement is necessary for beneficial use of the
ro e
iii. The required improvements would benefit more than the permit
applicant/owner,
iv. The required improvement is on a collector, minor or principal
arterial;
v. The required imnprovements are unlikely to be funded through other
means within the Capital Improvement Plan timeframe; and
vi. The City will establish a latecomer agreement at the time of
constructing the required improvement and has a reasonable
expectation at the time the improvement is included in the City's
Capital Improvement Plan that the City will recoup a sufficient portion
of the costs of constructing the improvement.
D. Nothing in this section shall be construed as requiring the City Council to
include a particular street within the Capital Improvement Plan.
Section 2. This ordinance shall become effective five (5) days after publication as
required by law.
PASSED by the City Council of the City of Pasco, at its regular meeting, this
day of Fyb,v,-A 2011.
Matt Watkins, Mayor
AT ES7: APPF(Fq?E5 AS TO FORM:
CIL
Debra L. C -ark, ity C er - Z Leland B. Kerr, City Attorney
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