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RESOLUTION NO D. \ n._5
A RESOLUTION authorizing a waiver of the requirement of the availability of
City sewer service for the issuance of a building permit on
certain terms and conditions
WHEREAS, PMC 16 06 010 requires the availability of both City water and
sewer service as a prerequisite to the issuance of a building permit, and,
WHEREAS, a subdivision is proposed for the southeast quarter of Section
15, immediately north of 1-182 and building is anticipated to start prior to the
construction and completion of the gravity sewer in Argent Road, and,
WHEREAS, the City Council under the authority granted to it in PMC
16 06 030 and 040 has determined that in fairness to the property owner,
development should be permitted utilizing approved septic tanks on lots until the
availability of sewer to Section 15, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES
RESOLVE AS FOLLOWS
Section 1 The Pasco City council grants, upon the conditions stated
herein a waiver of the requirement of the availability of City Sewer service to
lots in subdivisions proposed for that portion of the Northeast quarter of the
Southeast quarter of Section 15, Township 9 North, Range 29 East of the
Willamette Meridian Except that portion condemned in the matter of SR 182
Franklin County Superior Court Case No 26757, as generally shown in Exhibit "1"
attached hereto
a Subdivision approval must be obtained through the regular described
process,
b All septic tanks must receive the required approvals from the Benton-
Franklin Health Department,
c The property owner/developer must construct dry sewer lines in
conformance with City standards permitting sewer connection between each lot
in any subdivision on the property including a connecting line to the
intersection of Road 52 and Argent or other technically feasible location
d This waiver shall expire upon connecting to the gravity line in Argent
Road
PASSED by the City Council of the City of Pasco, at its regular meeting on
, 1994
I'
i
Joyce DeFelice
Mayor
ATTEST APPROVED AS TO FORM
Catherine D Seaman Greg A Rubstello
City Clerk City Attorney
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FOR: City Council
TO: Gary Crutchfiel
DATE: March 30, 1994
y Manager WORKSHOP:
REGULAR: 4/4/94
WAIVER UTILITY SERVICE
AGENDA REPORT NO. 38
FROM: David-A-71-Acia-14, Community Development Director
SUBJECT: WAIVER OF UTILITY SERVICE REQUIREMENT PMC CHAPTER
16.06 (MF #94-23-I)
I. REFERENCE(S):
A. Vicinity Map
B. Resolution
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
MOTION: I move to adopt Resolution No. , granting a
waiver of sanitary sewer requirements and
setting forth specific terms and conditions as
they would apply to a portion of the northeast
quarter of the southeast quarter of Section 15,
Township 9, North Range 29 East.
III. FISCAL IMPACT: NONE
IV. HISTORY AND FACTS BRIEF:
A. Fran Thomas, owner of property located in the southeast
quarter of Section 15, Township 9 N. Range 29 EWM
wishes to develop or sell for development, 40 acres of
currently undeveloped property. PMC Chapter 16.06 states
that the availability of water and sewer services are
prerequisites to the issuance of a building permits. In
this case, sewer is not available to the property.
B. Ms. Thomas has applied for a waiver of the sewer utility
requirements. If a waiver is granted, all development in
the tract would require private drain field systems.
C. PMC Section 16.06.030 and 040 provides the Council with
a process to waive utility requirements where deemed
appropriate.
V. DISCUSSION:
Any determination or decision by the Council to waive
utility requirements is to be based upon the waiver
criteria provided in PMC Section 16.06.040 as follows:
1. Special circumstances applicable to the property in
question or to the intended use that do not generally
apply to other properties or classes of uses in the
same vicinity or zoning classification.
Other properties within the area are
currently developed using the Road 36
Sewer. That sewer was not designed to
accommodate development on Ms. Thomas's
property.
2. A waiver is necessary for the preservation and
enjoyment of a substantial property right or use
possessed by other properties in the same vicinity and
the same zoning classification, which because of
special circumstances is denied to the property in
question.
AGENDA REPORT NO. 38
Other properties in this vicinity have a
vested right to the capacity available in
the Road 36 Sewer. Without a waiver, and
without access to other sewer lines this
property can not be developed.
3. The granting of the waiver will not be detrimental to
the public welfare or injurious to other property
improvements in such vicinity and zoning classification
in which the subject is located.
The property in question is located in a
residential zoning district and is a part
of the community that has been set aside
for residential development. Any
development on the property would be in
accordance with the zoning classification
and any subdivision of the parcel would
require City approval, assuring
compliance with long range street and
utility plans. Therefore, it appears
granting a waiver will not be injurious
to other properties or be detrimental to
the public welfare at this time.
4. The granting of a waiver will not conflict with the
general intent of this chapter.
The Uniform Building Code requires
permanent structures to be provided with
adequate sanitation facilities. The
intent of PMC Chapter 16.06 appears to
support the Uniform Building Code. A
building with an approved septic
tank/drain field would meet the
sanitation requirements of the Uniform
Building Code and would, therefore, meet
the intent of PMC.16.06.
Staff would recommend a waiver subject to:
1) The developer installing dry sewers (so
there will be no need to have roads torn
up when sewer is available), and
2) Subject to Health Department Approval of
septic tanks.
VI. OTHER COMMENTS:
VII. ADMINISTRATIVE ROUTING:
AGENDA REPORT NO. 38 WAIVER UTILITY SERVICE