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repealed and the type or boundary of any zone or district may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
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FINANCE DEPARTMENT
'Scan 545 3401
Scan 726-3401
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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