HomeMy WebLinkAbout3236 OrdinanceY -#
ORDINANCE NO ........c.-15 G
AN ORDINANCE relating to zoning and subdivision regulations and
amending PMC Titles 21 and 22 modifing park development fees
WHEREAS, the City of Pasco has zoning and subdivision regulations
to facilitate orderly growth and development of the City, and
WHEREAS, from time to time the City Council reviews the zoning
and subdivision regulations with respect to needs and changes within
the community, and,
WHEREAS, on June 2, 1997 the City Council held a public hearing to
receive testimony on the need to amend the park development fees
Following said hearing the Council determined that to further the
purposes of comprehensive planning and to maintain the general
welfare of the community, it is necessary to amend PMC Titles 21 and
22, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES
ORDAIN AS FOLLOWS
Section 1, That PMC Chapter 21 26 is hereby amended to read as follows
CHAPTER 21 26
DEDICATIONS FOR PARKS AND PLAYGROUNDS
Sections
21 26 010 Provision for park/playground required
21 26 020 Determination of value
21 26 030 Reduction of value
21 26 040 Cash payment in lieu of dedication
21 26 050 Disposition of land and cash payments
21 26 060 Applicability
21 26 010 PROVISION FOR PARK/PLAYGROUND REQUIRED
To assure appropriate and adequate provision for parks, playgrounds, and other
recreation facilities is made at the time of subdivision approval, the subdivider
shall be required to dedicate, by warranty deed in fee simple, a parcel or parcels
of land as selected by the city in such amount to be at least equal in value to the total
value of park and recreation demand generated by the subdivision as determined in
Section 21 26 020 Said land shall be exclusive of required subdivision
improvements and free of any and all encumbrances, including all labor and
material hens, or the subdivider shall provide a bond in lieu thereof (Ord
2140 Sec 1 (part), 1980)
21 26 020 DETERMINATION OF VALUE (a) Based on the proposed subdivision
and the zoning classification assigned thereto, a total number of dwelling units expected
to be contained by the subdivision shall be determined Said total number of dwelling
units shall then be multiplied by a base value of Four hundred and Fifty ($450 00) t.we
hundred dollars, the product of which shall represent the total value of the park and
recreation demand expected to be generated by the proposed subdivision (b) The base
value established in subsection (a) above shall be reviewed not more than annually and
modified as necessary by the City Council (Ord 2140 Sec 1 (part), 1980)
21 26 030 REDUCTION OF VALUE The total value of demand determined in
Section 21 26 020 shall be reduced where a subdivision includes any of the following
recreation areas or improvements and the final plat provides assurance, deemed
sufficient by the city council, that said recreation area and improvements shall be
perpetually maintained in a satisfactory manner by the owner and any future owners (a)
Open Recreation Area Where the subdivision provides one or more open recreation
areas, the total area of which at least equals one hundred square feet for each of the
dwelling units expected to be contained within the subdivision, the basic value shall be
reduced at the rate of one percent for each ten square feet of open recreation area per unit
(as determined by dividing the total square feet of open recreation area by the total
number of dwelling units), not to exceed thirty percent "Open recreation area" means
areas of land, at least improved with grass and sufficient irrigation, intended and
designed for unorganized, passive or active recreation and may include minor recreation
improvements such as children's standard playground equipment and children's wading
pool, provided such minor improvements do not occupy more than half of the total
open recreation area, however, open recreation area shall not include required yard areas for
multiple family dwellings, parking areas, driveways and other automobile-oriented
areas, building, swimming pools, or any recreation improvement included in subsection
(b) below (b) Recreation Improvement Area Where the subdivision provides
recreation improvements, including but not limited to basketball, tennis and other similar
playing courts, saunas, hot tubs, Jacuzzis, recreation buildings, and similar
improvements, the base value shall be reduced at the rate of one percent for each ten
square feet of recreation improvement area per unit (as determined by dividing the total
square feet of recreation improvement area by the total number of dwelling units),
not to exceed thirty percent Recreation improvements shall not include required yard
areas for multiple family dwellings, parking areas, driveway and other automobile-
oriented areas, habitable buildings, swimming pools, or minor recreation
improvements included in subsection (a) above
(c) Swimming Pools Where the proposed subdivision provides one or more
swimming pools, each of which contains at least five hundred square feet of water
surface area and is at least four feet in depth at one point, the base value shall be reduced
at the rate of one and one-half percent for each square foot of water surface area per mut
(as determined by dividing the total square feet of water surface area by the total
number of dwelling units), not to exceed fifteen percent (Ord 2140 Sec 1 (part),
1980)
21 26 040 CASH PAYMENT IN LIEU OF DEDICATION In lieu of dedication of
land as required in Section 21 26 010, the City Council may, at its discretion, require
a cash payment equal to the total value of park and recreation demand expected to be
generated by the proposed subdivision as may be reduced in accordance with Section
21 26 03 The City Council may, at its discretion, require a combination of land
dedication and cash payment provided the total combined value is at least equal to the
total value of park and recreation demand (Ord 2140 Sec 1 (part), 1980)
21 26 050 DISPOSITION OF LAND AND CASH PAYMENTS Any land deeded
under the provisions of this chapter may be held for future sale or for park/recreation
use improvements, however, any such land not to be improved shall be offered for sale
within three years from the effective date of the deed or before fifty percent of the
subdivision is developed, whichever occurs later The proceeds from the sale of any land
dedicated under the requirements of this chapter and any cash payment in lieu of such
dedication shall be deposited in the park fund established m
Pasco Municipal Code Chapter, 3 29 for use in accordance with the provisions relating to
said fund (Ord 2140 Sec 1 (part), 1980)
21 26 060 APPLICABILITY The provisions of this chapter shall apply to any
subdivision or portion thereof receiving final approval subsequent to the effective date
of the ordinance codified in this chapter, however, preliminary plats properly filed for
review or approved prior to the effective date of the ordinance codified in this chapter
need not comply with the provisions of this chapter at the time of final approval of the
subdivision or portion thereof, provided the final plat contains a statement directing
compliance with Pasco Municipal Code Chapter 22 66 (Ord 2140 Sec 1 (part),
1980)
Section 2. That PMC Chapter 22 66 is hereby amended to read as follows
CHAPTER 22 66
PARK FUND FEES
Sections
22 66 010 Fee per dwelling unit required
22 66 020 Exceptions
22 66 030 Application to mobile home parks
22 66 040 Reduction of fee
22 66 010 FEE PER DWELLING UNIT REQUIRED Prior to issuance of
a building permit for the construction or placement of any new residential
dwelling unit, a total fee determined by the number of dwelling units to be
constructed by the base value of two hundred dollars (the product of which
shall constitute total value) of Four Hundred and Fifty dollars ($450 00) per
dwelling unit shall be collected and deposited in the park acquisition and
development fund as established in Pasco Municipal Code Chapter 3 29
for use in accordance with the provisions relating to atd- said fund The fee
base value established herein shall be reviewed not more than annually and
modified as deemed necessary by the City Council (Ord 2141 Sec 1 (part),
1980)
22 66 020 EXCEPTIONS The provisions of this chapter shall not
apply to the following exceptions
(a) Building permits for the replacement or improvement of
existing dwelling units, this exception shall only apply in those cases where
the lot on which the replacement dwelling is to be built has not been vacant
for more than two years but only for a period not to exceed two years and
only if the character of MC is not changed,
(b) Building permits for dwelling units on land in subdivisions
having fulfilled the requirements of Chapter 21 26, provided the
number of dwelling units proposed does not exceed the number of units for
which the requirements of Chapter 21 26 have been satisfied,
(c) Installation of individual mobile homes or recreational
vehicles within a mobile home park or recreational vehicle park, and
(d) Building permits for construction of nursing or convalescent
homes, as defined in Section 22 12 590 (Ord 2141 Sec 1 (part), 1980)
22 66 030 APPLICATION TO MOBILE HOME PARKS The
provisions of this chapter shall be complied with prior to the issuance of a
building permit authorizing construction of a mobile home park 0T
recreational vehicle court in accordance with Title 19 and Chapter 22 38
(RMH-2 Zone) or Chapter 22 39 (RMH 3 Zone) The total fee shall be based
on the number of mobile home or recreational vehicle spaces to be
authorized under the building permit (Ord 2141 sec 1 (part), 1980)
22 66 040 REDUCTION OF FEE The fee per dwelling unit established
shall be reduced in accordance with the following provisions, provided the
landowner records covenants to run with the City against the property
whereby any future owner of said property is obliged to the City to perpetually
provide and maintain saiet any and all private park and recreation
improvements in a satisfactory manner and. Ssaid covenants require City
Council approval prior to amendment
(a) Open Recreation Area Where the proposed development provides
one or more open recreation areas, the total area of which at least equals one
hundred square feet for each of the dwelling units expected to be contained
within the proposed development, the basic value shall be reduced at the rate
of one percent for each ten square feet of open recreation area per unit (as
determined by dividing the total square feet of open recreation area by the
total number of dwelling units), not to exceed thirty percent "Open
recreation area" means areas of land, at least improved with grass and
sufficient irrigation, intended and designed for unorganized, passive or active
recreation and may include minor recreation improvements such as
children's standard playground equipment and children's wading pool,
provided such minor improvements do not occupy more than half of the
total open recreation area, however, open recreation area shall not include
required yard areas for multiple family dwellings, parking areas, driveways
and other automobile-oriented areas, buildings, swimming pools, or any
recreation improvement included in subsection (b) below
(b) Recreation Improvement Area Where the proposed development
provides recreation improvements, including but not limited to basketball,
tennis and other similar playing courts, saunas, hot tubs, Jacuzzi, recreation
buildings, and similar improvements, the base value shall be reduced at the
PASSED by the City Council of the City of Pasco, at its regular meeting,
June 2 6 97
_ /Le( ,..4114d/.n
Charles D Ki
Mayor
ATTEST
Catherine D Seaman
Deputy City Clerk
APPROVED AS TO FORM
Leland B Kerr
City Attorney
rate of one percent for each ten square feet of recreation improvement area
per unit (as determined by dividing the total square feet of recreation
improvement area by the total number of dwelling units), not to exceed
thirty percent Recreation improvements shall not include required yard
areas for multiple family dwellings, parking areas, driveways, and other
automobile-oriented areas, habitable buildings, swimming pools, or minor
recreation improvements included in subsection (a) above
(c) Swimming Pools Where the proposed development provides one
or more swimming pools, each of which contains at least five hundred
square feet of water surface area and is at least four feet in depth at one point,
the base value shall be reduced at the rate of one and one-half percent for each
square foot of water surface area per unit (as determined by dividing the total
square feet of water surface area by the total number of dwelling units), not to
exceed fifteen percent
(d) Previous Subdivision Improvements Where the proposed
development is located in a subdivision which provided park and recreation
facilities prior to the effective date of the ordinance codified in this chapter,
the City Council, at its discretion, may authorize reduction of the fee
commensurate with the guidelines established above (Ord 2141 Sec 1 (part),
1980)
Section 3. This ordinance shall become effective on September 1,
1997
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- P0 BOX 2608
PASCO, WASHINGTON 99302 2608
PHONE (509) 582 1500
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INVOICE
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DATE LEGAL NO 043
ACCOUNT NO' —
DESCRIPTION
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NOTIICE This is an invoice for legal advertising space Please pay from this invoice as no statement will be rendered
Please detach at perforation and return with payment
AFF0DAYNT OF PO ESCA7800
COUNTY OF BENTON
SS
STATE OF WASHINGTON
F. M BE:213LE'
, being duly sworn,
deposes and says, I am the Legal Clerk of the Tn-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 countinually as a daily newspa-
per inBentmpueitryorasehnigton That the attached is a true
copy of a as it
was printed in the regular and entire issue of ithe Tri-City Herald
itself and not in a siciRpligpLepyhereof, time(s),
ceppm c 1.9 g on , and ending on
, and that said newspaper was regulary
distributed to its subscribers during all of this period
nt )
SUBSCRIBED AND SWORN BEFORE ME THIS
DAY OF n..-T-Lk ,
9/2/_/1-L -1Kd.//, JIuAy
Notary public in and for the State of Wash-
ington, residing aktlesinevael( R 1 C., IL AND , WA
( 'Eli 1 1 ( )
COMMISSION EXPIRES
ORDINANCE NO 336
AN ORDINANCE relating to zoning and subdivision
regulations and amending PMC Titles 21 and 22 modifying
park development fees
WHEREAS the City of Pasco has zoning and subdivision
regulations to facilitate orderly growth and development of the
City and
WHEREAS from time to time the City Council reviews the
zoning and subdivision regulations with respect to needs and
changes within the community and
WHEREAS on June 2 1997 the City Council held a public
hearing to receive testimony on the need to amend the park
development fees Following said hearing the Council
determined that to further the purposes of comprehensive
planning and to maintain the general welfare of the
community it is necessary to amend PMC Titles 21 and 22
NOW THEREFORE ,
THE CITY COUNCIL ' OF THE CITY OF PASCO
WASHINGTON DOES ORDAIN AS FOLLOWS
Section 1 That PMC Chapter 21 26 is hereby amended to
read as follows I
CHAPTER 21 26 DEDICATIONS FOR PARKS AND
PLAYGROUNDS Sections 21 26 010 Provision for
park/playground required 21 26 020 Determination of value
21 26 030 Reduction of value 21 26 040 Cash payment in
lieu of dedication 21 26 050 Disposition of land and cash
payments 21 26 060 Applicability
21 26 010 PROVISION FOR PARK/ PLAYGROUND
REQUIRED To assure appropriate and adequate provision
for parks playgrounds and other recreation facilities is made
at the time of subdivision approval the subdivider shall be
required to dedicate by warranty deed in fee simple a parcel
or parcels of land as selected by the City in such amount to
be at least equal in value to the total value of park and
recreation demand generated by the subdivision as
determined in Section 21 26 020 Said land shall be exclusive
of required subdivision improvements and free of any and all
encumbrances including all labor and material liens or the
subdivider shall provide a bond in lieu thereof (Ord 2140
Sec 1 (part) 1980)
21 26 020 DETERMINATION OF VALUE (a) Based on the
proposed subdivision and the zoning classification assigned
thereto a total number of dwelling units expected to be
contained by the subdivision shall be determined Said total
number of dwelling units shall then be multiplied by a base
value of Four hundred and Fifty ($450 00) two hundred
dollars the product of which shall represent the total value of
the park and recreation demand expected to be generated by
the proposed subdivision
(b) The base value established in subsection (a) above shall
be reviewed not more than annually and modified as
necessary by the City Council (Ord 2140 Sec 1 (part)
1980)
21 26 030 REDUCTION OF VALUE The total value of
demand determined in Section 21 26 020 shall be reduced
where a subdivision includes any of the following recreation
areas or improvements and the final plat provides assurance
deemed sufficient by the City Council that said recreation
area and improvements shall be perpetually maintained in a
satisfactory manner by the owner and any future owners
(a) Open Recreation Area Where the subdivision provides
one or more open recreation areas the total area of which at
least 'equals one hundred square feet for each of the dwelling
units expected to be contained within the subdivision the
basic value shall be reduced at the rate of one percent for
each ten square feet of open recreation area per unit (as
determined by dividing the total square feet of open
recreation area by the total number of dwelling units) not to
exceed thirty percent Open recreation area means areas of
land at least improved with grass and sufficient irrigation
intended and designed for unorganized passive or active
recreation and may include minor recreation improvements
such as children s standard playground equipment and
children s wading pool provided such minor improvements do
not occupy more than half of the total open recreation area
however open recreation area shall not include required yard
areas for multiple family dwellings parking areas driveways
and other automobile oriented areas building swimming
pools or any recreation improvement included in subsection
(b) below
(b) Recreation Improvement Area Where the subdivision
provides recreation improvements including but not limited to
basketball tennis and other similar playing courts saunas
hot tubs Jacuzzis recreation buildings and similar
improvements the base value shall be reduced at the rate of
one percent for each ten square feet of recreation
improvement area per unit (as determined by dividing the
total square feet of recreation improvement area by the total
number of dwelling units) not to exceed thirty percent
Recreation improvements shall not include required yard
areas for multiple family dwellings parking areas driveway
and other automobile oriented areas habitable buildings
swimming pools or minor recreation improvements included
in subsection (a) above
(c) Swimming Pools Where the proposed subdivision
provides one or more swimming pools each of which
contains at least five hundred square feet of water surface
area and is at least four feet in depth at one point the base
value shall be reduced at the rate of one and one half percent
for each square foot of water surface area per unit (as
determined by dividing the total square feet of water surface
area by the total number of dwelling units) not to exceed
fifteen percent (Ord 2140 Sec 1 (part) 1980)
21 26 040 CASH PAYMENT IN LIEU OF DEDICATION In
lieu of dedication of land as required in Section 21 26 010
the City Council may at its discretion require a cash payment
equal to the total value of park and recreation demand
expected to be generated by the proposed subdivision as
may be reduced in accordance with Section 21 26 03 The
City Council may at its discretion require a combination of
land dedication and cash payment provided the total
combined value is at least equal to the total value of park and
recreation demand (Ord 2140 Sec 1 (part) 1980)
21 26 050 DISPOSITION OF LAND AND CASH PAYMENTS
Any land deeded under the provisions of this chapter may be
held for future sale or for park/recreation use improvements
however any such land not to be improved shall be offered
for sale within three years from the effective date of the deed
or 'before fifty percent of the subdivision is developed
whichever occurs later The proceeds from the sale of any
land dedicated under the requirements of this chapter and
any cash payment in lieu of such dedication shall be
deposited in the park acquisition and development fund
established in Pasco Municipal Code Chapter 3 29 for use in
accordance with the provisions relating to said fund (Ord
2140 Sec 1 (part) 1980)
21 26 060 APPLICABILITY The provisions of this chapter
shall apply to any subdivision or portion thereof receiving final
approval subsequent to the effective date of the ordinance
codified in this chapter however preliminary plats properly
filed for review or approved prior to the effective date of the
ordinance codified in this chapter need not comply with the
provisions of this chapter at the time of final approval of the
subdivision or portion thereof provided the final plat contains
a statement directing compliance with Pasco Municipal Code
Chapter 22 66 (Ord 2140 Sec 1 (part) 1980)
Section 2 That PMC Chapter 22 66 is hereby amended to
read as follows
CHAPTER 22 66 PARK FUND FEES
Sections 22 66 010 Fee per dwelling unit required
22 66 020 Exceptions
22 66 030 Application to mobile home parks
22 66 040 Reduction of fee
22 66 010 FEE PER DWELLING UNIT REQUIRED
Prior to issuance of a building permit for the construction or
placement of any new residential dwelling unit a total fee
determined by the number of dwelling units to be constructed
by the base value of two hundred dollars (the product of
which shall constitute total value) of Four Hundred and Fifty
dollars ($450 00) per dwelling unit shall be collected and
deposited in the park acquisition and development fund as
established in Pasco Municipal Code Chapter 3 29 for use in
accordance with the provisions relating to aid said fund The
fee base value established herein shall be reviewed not more
than annually and modified as deemed necessary by the City
Council (Ord 2141 Sec 1 (part) 1980)
22 66 020 EXCEPTIONS The provisions of this chapter shall
not apply to the following exceptions
(a) Building permits for the replacement or improvement of
existing dwelling units this exception shall only apply in those
cases where the lot on which the replacement dwelling is to
be built has not been vacant for more than two years but only
for a period not to exceed two years and only if the character
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dollars ($450 00) per dwelling unit shall be collected and
deposited in the park acquisition and development fund as
established in Pasco Municipal Code Chapter 3 29 for use in
accordance with the provisions relating to aid said fund The
fee base value established herein shall be reviewed not more
than annually and modified as deemed necessary by the City
Council (Ord 2141 Sec 1 (part) 1980)
22 66 020 EXCEPTIONS The provisions of this chapter shall
not apply to the following exceptions
(a) Building permits for the replacement or improvement of
existing dwelling units this exception shall only apply in those
cases where the lot on which the replacement dwelling IS to
be built has not been vacant for more than two years but only
for a period not to exceed two years and only if the character
of use is not changed
(b) Building permits for dwelling units on land in subdivisions
having fulfilled the requirements of Chapter 21 26 provided
the number of dwelling units proposed does not exceed the
number of units for which the requirements of Chapter 21 26
have been satisfied
(c) Installation of individual mobile homes or recreational
vehicles within a mobile home park or recreational vehicle
park and
(d) Building permits for construction of nursing or
convalescent homes as defined in Section 22 12 590 (Ord
2141 Sec 1 (part) 1980)
22 66 030 APPLICATION TO MOBILE HOME PARKS The
provisions of this chapter shall be complied with prior to the
issuance of a building permit authorizing construction of a
mobile home park or recreational vehicle court in accordance
with Title 19 and Chapter 22 38 (RMH 2 Zone) or Chapter
22 39 (RMH 3 Zone) The total fee shall be based on the
number of mobile home or recreational vehicle spaces to be
authorized under the building permit (Ord 2141 sec 1 (part)
1980)
22 66 040 REDUCTION OF FEE The fee per dwelling unit
established shall be reduced in accordance with the following
provisions provided the landowner records covenants to run
with the City against the property whereby any future owner
of said property is obliged to the City to perpetually provide
and maintain said any and all private park and recreation
improvements in a satisfactory manner and Said covenants
require City Council approval prior to amendment
(a) Open Recreation Area Where the proposed development
provides one or more open recreation areas the total area of
which at least equals one hundred square feet for each of the
dwelling units expected to be contained within the proposed
development the basic value shall be reduced at the rate of
one percent for each ten square feet of open recreation area
per unit (as determined by dividing the total square feet of
open recreation area by the total number of dwelling units)
not to exceed thirty percent Open recreation area means
areas of land at least improved with grass and sufficient
irrigation intended and designed for unorganized passive or
active recreation and may include minor recreation
improvements such as children s standard playground
equipment and children s wading pool provided such minor
improvements do not occupy more than half of the total open
recreation area however open recreation area shall not
include required yard areas for multiple family dwellings
parking areas driveways and other automobile oriented
areas buildings swimming pools or any recreation
improvement included in subsection (b) below
(b) Recreation Improvement Area Where the proposed
development provides recreation improvements including but
not limited to basketball tennis and other similar playing
courts saunas hot tubs Jacuzzi recreation buildings and
similar improvements the base value shall be reduced at the
rate of one percent for each ten square feet of recreation
improvement area per unit (as determined by dividing the
total square feet of recreation Improvement area by the total
number of dwelling units) not to exceed thirty percent
Recreation improvements shall not include required yard
areas for multiple family dwellings parking areas driveways
and other automobile oriented areas habitable buildings
swimming pools or minor recreation improvements included
in subsection (a) above
(c) Swimming Pools Where the proposed development
provides one or more swimming pools each of which
contains at least five hundred square feet of water surface
area and is at least four feet in depth at one point the base
value shall be reduced at the rate of one and one half percent
for each square foot of water surface area per unit (as
determined by dividing the total square feet of water surface
area by the total number of dwelling units) not to exceed
fifteen percent
(d) Previous Subdivision Improvements Where the proposed
development is located in a subdivision which provided park
and recreation facilities prior to the effective date of the
ordinance codified in this chapter the City Council at its
discretion may authorize reduction of the fee commensurate
with the guidelines established above (Ord 2141 Sec 1
(part) 1980)
Section 3 This ordinance shall become effective on
September 1 1997
PASSED by the City Council of the City of Pasco at its
regular meeting June 2 1997
s Charles D Kilbury Mayor
ATTEST s Catherine ID Seaman Deputy City Clerk
APPROVED AS TO FORM s Leland B Kerr City Attorney
#1043 - 6/8/97
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