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Home My WebLink About3298 OrdinanceORDINANCE NO.3a73 AN ORDINANCE relating to land use and zoning amending Chapter 22 80 dealing with Special Permits WHEREAS, cities have the responsibility to regulate and control the physical development within their borders and insure the public health, safety and welfare are maintained, and, WHEREAS, the City of Pasco has zoning regulations that encourage orderly growth and development of the City, and, WHEREAS, the City Council has reviewed the Planning Commission's recommendations, and has determined that to further the purpose of the comprehensive planning and to maintain and protect the welfare of the community, it is necessary to amend PMC Title 22, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That PMC Section 22 80 050 be and the same is hereby amended to read as follows 22 80 050 PUBLIC HEARING REQUIRED Upon the filing of a complete application for a special permit, the application shall b e scheduled for a public open record predecision hearing before the city planning commission Notice of such hearing shall be given as provided for in Section 22 88 015 Except that in the case of agricultural uses, the notification distance shall be increased to 1,000 feet The public open record predecision hearing may be continued as deemed necessary by the planning commission, provided the applicant consents to any such continuance In the event the applicant does not consent to a continuance, the planning commission shall close the public open record predecision hearing and render a recommendation to City Council in accordance with the provisions of Sections 22 80 060 and 22 80 070 (Ord 2780 Sec 6, 1990, Ord 2362 Sec 4 (part), 1982, Ord 2635, Sec 5, 1986) \ Section 2. That PMC Section 22 80 060 be and the same is hereby amended to read as follows 22 80 060 GENERAL REVIEW CRITERIA FINDINGS OF FACT BY PLANNING COMMISSION Upon conclusion of the open record predecision public hearing, the planning commission shall make and enter findings from the record and conclusions thereof as to whether or not (1) The proposal is in accordance with the goals, policies, objectives, maps and/or narrative text of the Comprehensive Plan (1) Thc location and size of the propo-scd use, the nature and intensity of the ape-rat-tans involved, and t-hc size of the site in relation to the propos-ctl u-sc and the location of the site in relation to the existing and future s-treets giving access to it, will be such that it will be harmony vvq-t-h the orderly development of the district, (2) The proposal will adversely affect public infrastructure, (3) The proposal will be constructed maintained and operated to be in harmony with the existing or intended character of the general vicinity, (2) (4) The location and height of proposed structures and the site design will discourage the appropriate development of permitted uses on adjacent property in the general vicinity land and buildings or impair the value thereof, (3} (5) The operations in connection with the proposal will be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district, (6) The proposal will endanger the public health or safety if located and developed where proposed, or in anyway will become a nuisance to uses permitted in the district Section 3. That PMC Section 22 80 070 be and the same is hereby amended to read as follows 22 80 070 RECOMMENDATION OF PLANNING COMMISSION After a public open record predecision hearing on a proposed temporary, conditional or unclassified use, the planning commission shall render a recommendation to City Council as to whether the proposal be denied, approved, or approved with modifications and/or conditions Section 4 . That PMC Section 22 80 080 be and the same is hereby amended to read as follows 22 80 080 APPEAL - FILING REQUIREMENTS (a) Any recommendation of the Planning Commission regarding a special permit application may be appealed in accordance with one of the following methods (1) Applicant Within ten calendar days from the date of the Planning Commission recommendation, the applicant files written appeal with the City Planner stating the basis of appeal from said recommendation (2) Other Person Within ten calendar days from the date of the Planning Commission recommendation, any person aggrieved b y said decision files written appeal with the City Planner stating the harm to be experienced by such person as a result of the Planning Commission's recommendation, (3) A proper and timely filed appeal shall cause the City Council to schedule a public closed record hearing, notice of which shall be given in accordance with Section 22 88 015 to consider the appeal of the planning Commission's recommendation (b) Either method of appeal shall include payment of an appeal fee in the amount of twenty-five dollars at the time of filing said appeal (Ord 2362 Sec 4(part), 1982, Ord 2635, Sec 7, 1986 ) Section 5 . That PMC Section 22 80 090 be and the same is hereby amended to read as follows 22 80 090 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 review In the event the Council deems further review is necessary, it shall conduct a closed record public hearing, notice of which shall be given in accordance with Section 22 88 015 (Ord 2635, Sec 8, 1986) APPROVED AS TO FORM ATTEST Charles D Kilbur Mayor (b) In those cases which require further hearing review, the City Council shall at the conclusion of such a closed record hearing make and enter findings of fact following the review criteria of 22 80 060 and take one of the following actions (1) Approve the special permit with or without conditions, (2) Remand for further hearing before the Planning Commission, (3) (2) Deny the special permit (Ord 2635, Sec 8, 1986) Section 6. This ordinance shall be in full force and effect five days after passage and publication as required by law PASSED by the City Council of the City of Pasco, at its regular meeting, May 4, 1998 Catherine D Seaman Leland B Kerr City Clerk City Attorney CITY OF PASCO SUMMARY OF ORDINANCE NO ORDINANCE NO is an ordinance concerning Special Permits and amending Title 22 of the Pasco Municipal Code Section 2 Section 3 Section 4 Section 5 Amends PMC Section 22 80 050 by changing public hearings to open record predecision hearings Amends Section PMC 22 80 060 by modifying the review criteria for Planning Commission findings of fact by changing awkward wording The reference to public hearing was also changed to open record predecision hearing Amends PMC Section 22 80 070 by changing the public hearing reference to open record predecision hearing Amends PMC Section 22 80 080 by changing the public hearing reference to closed record hearing Amends PMC Section 22 80 090 by changing the public hearing reference to closed record hearing and modifying the actions available to the City Council Section 1 Section 6 States that the ordinance takes effect five days after passage and publication The full text of Ordinance No (3Q9R is available free of charge to any person who requests it from the City Clerk of the City of Pasco (509) 545-3402, P 0 Box 293, Pasco, Washington 99301-0293 Catherine D Seaman, Deputy City Clerk 5(..)55( CI 1 Y Oi 1- la 51:11 011\3> P 0 BOX 2608 PASCO, WASHINGTON 99302 2608 PHONE (509) 582 1500 A VIOrileflage LE L E INVOICE DATE LEGAL NO to/ L trk it ACCOUNT NO DESCRIPTION TIMES LINES cif J -L 4 k C il lr OF rAsco 4.1bil1VIARY OF ORDINANCE, NO 3258 ORDINANCE NO 3298 is an ordinance concerning 'Special Permits and amending Title 22 of the Pasco Municipal Code Section 1 Amends PMC Section 22 80 050 by changing public hearings to open re- cord predecision hearings Section 2 Amends Section PMC 22 80 060 by modifying the review criteria for Planning Commission findings of fact by changing awkward wording The reference to public hearing was also changed to open record predeciston hearing Section 3 Amends PMC Section 22 80 070 by changing the public hearing reference to open record predecision hearing Section 4 Amends PMC Section 22 80 080 by changing the public hearing reference to closed record hearing Section 5 Amends PMC Section 22 80 090 by changing the public hearing reference to closed record hearing and modifying the actions available to the City Coun cil The full text of Ordinance No 3298 is available free of charge to any person who requests it from the City Clerk of the City of Pasco (509) 545-3402 P0 Box 293 Pasco Washington 99301 0293 -s Catherine D Seaman Deputy City Clerk #0633 - 5/10/98 Ell WE 111) mAY 1 9 1998 RNA CE DEPT SOLD TO 1-3flL J CITY OF FO enx FIASCO Wn :4 7 01 I_ E G A1 S TOTAL 0 41. ii(7... 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