Loading...
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 -2 - 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; -3- (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. -2- 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: -3 - 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