HomeMy WebLinkAbout1956 OrdinanceORDINANCE NO. 1956
AN ORDINANCE relating to zoning and planning and amending Title 22
of the Pasco Municipal Code by amending Sections
22.08.010, 22.88.020, and 22.88.030 and by adding to
Chapter 22.88 new Sections to be known and designated
as Section 22.88.040, 22.88.050, 22.88.060, 22.88.070;
22:88.080 and .22..88.090. and 22.88.100.
THE COUNCIL OF THE CITY OF PASCO DOES ORDAIN AS FOLLOWS:
Section 1. That Section 22.08.010 of the Pasco Municipal Code
be and the same is hereby amended to read as follows:
22.08.010 INTERPRETATION. In interpreting and applying the
provisions of this title, the provisions and standards contained in
Title 22 shall be deemed to be the minimum standards or requirements
with which compliance is essential to the permitted uses, and shall
not be construed as limiting the legislative discretion of the City
Council to further restrict and permissive uses or to withhold or
revoke permits for uses where, notwithstanding the existence of the
minimum standards herein set forth, the promotion or protection of
the public health, morals, safety a
relation to such withholdinq, denia
welfare bears a substantial
or revocation of
ermits or
uses.
Section 2. That Section 22.88.020 of the Pasco Municipal Code
be and the same is hereby amended to read as follows:
22.88.020 AMENDMENT IN CONFLICT WITH COMPREHENSIVE PLAN. In
the event any proposed amendment, supplement, change to or repeal of
Chapters 22.04 through 22.96 is in conflict with the comprehensive
plan, a proposal to amend the comprehensive plan. accordingly may be
entertained by the City concurrently with the application for the
proposed amendment, supplement, change to or repeal of Chapters 22.04
through 22.96.
Section 3. That Section 22.88.030 of the Pasco Municipal Code
be and the same is hereby amended to read as follows:
22.88.030 CHANGE IN ZONING MAP - PETITION. Any person, firm,
corporation, group of individuals, municipal department, or planning
commission may petition for a zone change with the following exceptions:
(1) If the person, firm, corporation, or group of
individuals does not have legal ownership of the parcel of
land under consideration for rezoning, the petition submitted
by the person must contain the signature of the legal owner
of the property. The legal owner is considered to be the owner
of record.
(2) A person, firm, corporation, or
may not submit i.n- any -one �yedr-:.more thdn_ one
Rom the properties present zone to another part
of land, provided, within the one year period, a
group of individuals may submit another petition
the properties present zone to a zone other than
the earlier petition.
group of individuals
etition requesting a zone change
cular zone for the same parcel
person, firm, corporation, or
requesting a zone change from
the zone previously requested in
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Section 4. That there be and is hereby added to Chapter 22.88
of the Pasco Municipal Code the following new Sections to be known
and designated as Section 22.88.040 through and including 22.88.090,
and which shall read as follows:
22.88.040 REQUIREMENTS FOR PETITION. The petition for a change
of classification must show the following:
(1) The date the existing zone became effective;
(2) The changed conditions which are alleged to warrant
other or additional zoning;
(3) Facts to justify the change on the basis of advancing
the public health, safety and general welfare;
(4) The effect it will have on the value and character
of the adjacent property and the comprehensive plan;
(5) The effect on the property owner or owners if the
request is not granted;
(6) Such other information as the planning commission
shall require.
22.88.050 RECOMMENDATIONS OF PLANNING COMMISSION. After a
public hearing on a proposed reclassification of property, the planning
commission may recommend to the City Council that the proposal be
approved or approved with modifications and/or conditions.
22.88.060 FINDINGS OF FACT BY PLANNING COMMISSIODT. When the
planning commission renders a recommendation on a proposal, it shall
make and enter findings from the record and conclusions thereof which
support its recommendation and find whether or not:
(1) The proposal is in accord with the goals and policies
of the Comprehensive Plan;
(2) The effect of the proposal on the immediate vicinity
will be materially detrimental;
(3) There is merit and value in the proposal for the
community as a whole;
(4) Conditions should be imposed in order to mitigate any
significant adverse impacts from the proposal.
(5) A concomitant. agreement should be entered into between
the City and the petitioner, and if so, the terms and conditions
of such an agreement.
22.88.070 CITY COUNCIL CONSIDERATION. Upon the conclusion of
the above mentioned fact-finding procedure, the City Council may at a
public hearing take one of the following actions:
(1) Grant the application with or without modifications;
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(2) Remand for a further hearing before the planning commission;
(3) Enter into a concomitant agreement with petitioner as is set
forth in Pasco Municipal Code Section 22,88,090;
(4) Deny the application.
22.88.080 CHANGE IN ZONING MAP - EFFECTUATION. Upon granting the application
for zone change with or without modification and/or conditions, the City Council
shall change by Ordinance the district boundaries or zone classifications as shown
on the district maps and amend, supplement or change by Ordinance the regulations
herein established.
22.88.090 CONCOMITANT AGREEMENT. The City may enter into an agreement with the
petitioner whereby the City will grant the requested rezone conditioned upon the
petitioner entering into a covenant with the City restricting the use and/or develop-
ment of the subject property. Provisions of the agreement may relate to any or all
of the following aspects of the use of petitioner's property:
(1) Setback;
(2) Use of building or property;
(3) Type of business;
(4) Height of building;
(5) Size of building;
(6) Size of subdivision of property;
(7) Density.
Concomitant agreements shall be filed with the County Auditor at petitioner's expense
and all covenants under said agreements shall run with the land.
22.88.100 TERMINATION OF CONCOMITANT AGREEMENT. A person, firm, corporation,
or group of individuals seeking termination of the Concomitant Agreement must petition
for termination of the Concomitant Agreement in same manner, and following the same
steps and procedures as a person applying for a zone change under PMC 22.88.010 et seq.
Section 5. That this Ordinance shall be in full force and effect after its
passage and publication as required by law.
PASSED by the City Council this 24th day of April, 1978.
J.C. "Chet" Bailie, Mayor
AT T:
Eve yn Wells, Deputy City Jerk
APPROVED AS TO FORM:
a rick T.' Roach, City Attorney
CONCOMITANT -ZONING- AGREEMENT
WHEREAS, the City of Pasco, Washington, a non -charter code
city, under the laws of the State of Washington (Chapter 35A.63 R.C.W.
and Article 11, Section 11 of the Washington State Constitution) has
authority to enact laws and enter into agreements to promote the
health, safety and welfare of its citizens, and thereby control the
use and development of property -within its jursidiction; and
WHEREAS, the Owner(s) of certain property has applied for a
rezone of such property described below within the City's jurisdiction;
and
WHEREAS, the City pursuant to R.C.W. 43.12(c), the State
Environmental Police Act, should mitigate any adverse impacts which
might result because of the proposed rezone; and
WHEREAS, the City of Pasco and the Owner(s) are both interested
in compliance with the Pasco Municipal Code provisions relating to
the use and development of property situated in the City of Pasco,
described as follows:
WHEREAS, the Owner(s) ha "indicated willingness to cooperate
with the City of Pasco, its Planning Commission and Planning Department
to insure compliance with the Pasco Zoning Code, and all other local,
state and .federal laws relating to the use anddevelopment of the above
described property; and
WHEREAS, the City, in addition to civil and criminal sanctions
available by law, desires to enforce the rights and interests of the
public by this concomitant agreement NOW, THEREFORE,
In the event the above-described property is rezoned by the
City of Pasco to and in consideration
of that event should it occur, and subject to the terms and conditions
hereinafter stated, the applicant does hereby covenant and agree as
follows:
1. The Owner(s) promise to -comply -with all of the terms of this
agreement in the event the City, as full consideration herein, grants
a rezpone of the above-described property.
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2. The Owner agrees to perform the terms set forth in Section 4
of this agreement (choose one) (a) within '(days) (months) of
the date of this agreement; (b) prior to occupancy of any building
constructed on the.abov.e-described property; (c.) prior to the issuance
of any building permit for this construction on this property; (d)
(stated other specified time period).
3. This agreement shall be binding on the he -r:3-:, assigns,
grantees or successors in interest of the Owner(s) of the property
herein described.
4. Conditions:
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The person(s) whose names are subscribed herein do hereby
certify that they are the sole holders of fee simple interest in the
above described property.
Owners:
STATE OF WASHINGTON)
.ss.
County of Franklin )
On this day personally appeared before me
to me known to be the
individual(s) who executed the within and foregoing instrument on the
lines above their typed names and acknowledged that they signed the same
as their free and voluntary act and deed for the uses and purposes
therein mentioned.
197
Given under my hand and official seal this day of ,
Notary Public in and .for the State of
Washington, residing at
The agent of the corporation whose name is subscribed herein
does hereby certify that the corporation is the sole holder of fee
simple interest in the above described property.
OWNER": • •
By:
STATE OF WASHINGTON)
.:.ss
County of Franklin )
On. this day personally appeared before me
to me known to be the _
of the corporation that executed the within and foregoing instrument,
and acknowledged that said instrument to be the free and voluntary act
and deed of said corporation for the uses and purposes therein mentioned,
and on oath stated that he was authorized to execute said instrument.
197
Given under my hand and official seal this day of
Notary Public in•and for the State of
Washington, residing at