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HomeMy WebLinkAbout2244 OrdinanceORDINANCE NO. 2244 AN ORDINANCE relating to zoning procedures by amending PMC Chapter 22.88 THE CITY COUNCIL OF THE CITY OF PASCO DOES ORDAIN AS FOLLOWS: Section 1. That Section 22.88.010 of the Pasco Municipal Code (Ord. 1966 §1) be and the same is hereby amended to read as follows: P.M.C. 22.88.010 AMENDMENTS - HEARING REQUIRED. The regulations, restrictions and provisions set forth in this title may from time to time be amended, supplemented, changed or repealed and the type or boundary of any zone or district may be changed or altered, provided, however, that no such action may be taken until after a public hearing in relation thereto conducted by the planning commission unless the City Council specifically directs that it conduct the hearing. At such hearing, interested parties and citizens shall have an opport- unity to be heard. Section 2. That Section 22.88.015 of the Pasco Municipal Code be and the same is hereby enacted to read as follows: P.M.C. 22.88.015 NOTICE REQUIREMENTS. At least ten (10) days' notice of time, place and general purpose of any public hearing required by this chapter shall be published in a news- paper of general circulation in the City. In addition thereto, whenever the type or boundary of any zone or district previously established by the City is proposed to be changed or altered, written notice of the hearing shall be mailed to each property owner of record, as determined thirty (30) calendar days pre- ceding the date of application, within the area previously established and proposed to be changed or altered and to each property owner of record within three hundred (300) feet of the boundaries of the area previously established and proposed to be changed or altered. Substantial compliance shall be deemed to be full and sufficient compliance. Section 3. That Section 22.88.050 of the Pasco Municipal Code (Ord. 1956 §4) be and the same is hereby amended to read as follows: P.M.C. 22.88.050 PLANNING COMMISSION - FINDINGS AND RECOMMENDATIONS. (Rezone Process - 81-01-CA). A) After completion of public hearing on a petition for reclassification of property, the planning commission shall make and enter findings from the records and conclusions thereof which support its recommendation and find whether or not: (1) The proposal is in accord with the goals and polices 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 agreements. B) The planning commission shall render its recommendation to approve, approve with modifications and/or conditions, or reject the petition based on its findings and conclusions. The commission's recommendation, to Include its findings and conclusions, shall be forwarded to the City Council at a regular business meeting thereof. Section 4. That Section 22.88.060 of the Pasco Municipal Code (Ord. 1956 § 4) be and the same is hereby amended to read as follows: P.M.C. 22.88.060 APPEAL OF RECOMMENDATION A) Any recommendation of the planning commission regarding a petition for reclassification of property may be appealed in accordance with one of the following methods: 1) Applicant: Within ten (10) calendar days from the date of the planning commission action, file written appeal with city planner stating the basis of appeal from the planning COnutaSS10ri recommendation. 2) Property Owners: Within ten (10) calendar days from the date of the planning commission action, file written appeal with city planner stating the basis of appeal from the planning commission recommendation and bearing the signature of at least twenty (20) percent of the owners of record of property within three hundred (300) feet of the property proposed for reclassification. 3) Either method of appeal shall Include payment of an appeal fee in the amount of twenty-five (25) Dollars. 4) A proper and timely filed appeal shall be presented to the city council in conjunction with the planning commission recommendation and shall require the city council to conduct a public hearing, notice of which shall be given in accordance with P.M.C. 22.88.015, to consider the appeal in conjunction with the recommend- ation of the planning commission. Section 5. That Section 22.88.070 of the Pasco Municipal Code be and the same is hereby amended to read as follows: P.M.C. 22.88.070 CITY COUNCIL CONSIDERATION. A) Unless a proper and timely appeal is filed or the city council by majority vote deems further review is necessary, the recommendation of the planning commission shall be effected by proper action of the city council without further hearing. In the event the council deems further review is necessary, it shall conduct a public hearing, notice of which shall be given in accordance with P.M.C. 22.88.015. B) In those cases which require further hearing, the city council shall at the conclusion of such hearing make and enter findings of fact and take one of the following actions: 1) Approve the reclassification with or without modification; 2) Remand for further hearing before the planning commission; 3) Enter into a concomitant agreement with the petitioner, as set forth in P.M.C. 22.88.090; AdOOP n gimilloddie 4 4) Deny the reclassification. Section 6. This Ordinance shall be effective upon its passage and publication as required by law. PASSED by the City Council this /7 day o 1981. E. A. Snider, Mayor ATTEST: Evelyn Wells, City Clerk APPROVED AS TO FORM: i-AAAALS p De is J. De Felice, City Attorney Ordinance No 2244 An ordincnce relating to zoning) procedures by amending PC Chapter 2203 The Citv Council of the City of - does ordain as follorro Section 1 That Section nes 010 of the Pasco Mu- nicipal Cade (Ord 1966 S1) be and the some is hereby amended to read as follows P AA C 22 80 010 Amend- ments — hearing required The regulations, restrictions and proYleions set forth In this title may from time toj time be amended, supple- mented, changed or re- pealed and the type or boundary of any We Or district may be changed or altered, Provided, however, that no such action may be taken until after a public hearing in relation thereto conducted by The planning commission unless the City Council specifically directs That It conduct the hearing At such hearing, Interested parties and citizens shall have an opportunity to be herird 9 'Mot n GU cl Pacm Vu- n‘5i=1 Ce oGnJ c"-k <54,Arzo 10 110r0V Or1rX1C vo - d 23r . Subscribed and sworn to before me this day of Feb ending on the day of , 19 , and that said newspaper was regularly distributed to its subscribers during all of this period That the full amount of $ 129.00 on the 22nd day of Feb. as it was printed in the regular and entire issue of the Tri-City Herald itself and not in a supplement thereof, for a period of )ss STATE OF WASHINGTON Phyii 1 s Graves , being first duly sworn on oath deposes she Principal Clerk and says is the of the Tri-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily news- Franklin paper in County, Washington, and is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper That the annexed is a true copy of a legal advertisement Ord. # 2244 COUNTY OF 21-b- in 0 @ 6.00 = 129.00 Notary Public in and for the State of Washington residing at Pasco AFFIDAVIT OF PUBLICATION Franklin g4,4, one time commumeetx, commencing has been paid in full, also at the rate of , 19 61 ,and ,19 81 read as follows P M C 22 00 015 Notice Requirements At least ten (10) days' notice of time, place and general purpose of any public hearing re- quired by this chapter shall be published in a news paper of general circulation In the City in addition thereto, whenever the tyPO or boundary of any zone or district previously estab- lished by the City Is pro- posed to be changed or altered, written notice of the _hearing shall be mailed to each property owner of record, as determined thirty (30) calendar days preced- ing the date of application, within the area previously established and proposed to be changed or altered and to each property owner of record within three hundred (30) feet of the boundaries of the area previously es tablished and proposed to be changed or altered Sub- stantial compliance shall be deemed to be full and suf- ficient compliance Section 3 That Section 22 88 050 of the Pasco Mu- nicipal Code (Ord 1965 54) be and the same Is hereby amended to read as follows P M C 22 88 050 Planning Commission — Findings and Recommendations A) After completion of Public hearing on a petition for reclassification of Prop-erty, the planning commis- sion shall make and enter findings from the records and conclusions thereof which support its recom mendation and find whether or not (1) The proposal Is in ac- cord with the goals and policies of the com- prehensive plan, (2) The effect of the pro- posal on the immediate vi chitty 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 miff gate any significant adverse Impacts from the proposal, (S) A concomitant agree- ment should be entered into between the City and the Petitioner, and If so, the terms and conditions of such an agreement B) The planning commis - slon shall render Its recom mendatIon to approve, approve with modifications and/or conditions, or relect The petition based on its findings and conclusions The commission's recom mendation, to include Its findings and conclusions, shall be forwarded to the City Council at a regular business meeting thereof Section 4 That Section 22 CO MI of the Pasco—Mu- nicipal Code (Ord 1956 S 4) be and the same Is hereby amended to read as follows P C 22 88 060 Appeal of Recommendation A) Any recommendation of the planning commission regarding a petition for reclassification of property may be appealed In accord- ance with one of the follow- ing methods 1) Applicant Within ten (10) calendar days from the date of the planning commission action, file writ- ten appeal with city planner stating the basis of appeal from the planning commis Mon recommendation 2) Property Owners Within ten (10) calendar days from the dote of the , Planning commission action, I the written appeal with city I Planner stating the basis of appeal from the planning commission recommendation and bearing the signature 'of at least twenty (20) per , cent of the owners of rec ord of property within three hundred (380) feet of the Property proposed for reclassification 3) Either method of OP- Peal shall Include payment of an appeal fee In the amount of twenty five (25) Dollars 4) A proper and timely filed appeal shall be pre- sented to the city council in conlunction with the plan- ning commission recommen- dation and shall require the city council to conduct a Public hearing, notice of which shall be given in ac- cordance with P M C 22 00 015, to consider the apPeal in conlunction with the recommendation of the planning commission $ection 5 That Section 22 00 070 of the Pasco Mu niclpal Code be and the some Is hereby amended to reed as follows PMC 22 08 070 City Council Consideration A) Unless a Proper and timely OPPOO1 Is filed or the city council by maloritY vote deems further review is necessary, the recom mendation of the planning commission shall be effec ted by proper action of the city council without further hearing In the event the council deems further re- view is necessary, it shall conduct a public hearing, notice of which shall be given in accordance with P AA C 22 SO 015 B) In those cases which require further hearing, the city council shall at the conclusion of such hearing make and enter findings of fact and take one of the following actions 1) Approve the reclassifi- cation with or without modification, 2) Remand for further hearing before the planning commission, 3) Enter into a con- comitant agreement with the petitioner, as set forth ,in P M C 22 88 090, 4) Deny the reclassification Section 6 This Ordinance shall be effective upon Its passage and Publication as required by law Passed by the City Coun- cil this 17 day of February -s- E A Snider, Mayor Attest -s- Evelyn Wells, City Clerk Approved as to form -5- Dennis J De Felice, City Attorney Legal No 10086 — Feb 22, 1901 r7, —cr FINANCE DEPARTMENT 'Scan 545 3401 Scan 726-3401 I TY of 1.40-44t 4,,WIAParer4+11.' A-4415hitrid TO. " .1461(04d ,4oPloftabsia. muattimapt , P. 0 BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301 February 18, .081 Tri City Herald P 0 Box 2608 Pasco, Washington 99302 Gentl emen Please publish the attached Ordinances on the following date February 22, 1981 Please send two (2) Affidavits of Publication for each with the exception of Ordinance Nos 2238 and 2239 Those two Ordinances will require three (3) Affidavits of Publication each Sincerr ely yours, ; G. A f Cie 'Evelyn Wells City Clerk ew