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HomeMy WebLinkAbout4432 OrdinanceORDINANCE NO. LH B2— AN ORDINANCE of the City of Pasco, Washington, Amending PMC 21.25.050 "Public Hearing Required"; Repealing PMC 21.25.060 "Planning Commission Recommendation"; Amending PMC 21.25.070 "Findings of Fact": Repealing PMC 24.25.080 "City Council Consideration"; Amending PMC 21.25.090 "Notice of Decision"; Amending PMC 21.25.100 "Adjustments of an Approved Preliminary Plat"; Amending PMC 21.25.110 "Large Developments" Relating to Use of a Hearing Examiner; and Amending PMC 21.30.010 "Application" WHEREAS, cities have the responsibility to regulate and control the physical development within their borders and to ensure public health, safety and welfare are maintained; and WHEREAS, the City of Pasco has zoning regulations that encourage orderly growth and development; and WHEREAS, over time, regulations and case law have evolved to produce a complicated administration process related to land use; and WHEREAS, use of politically appointed or elected officials administering land use law has become prone to liability and complicated land use and project approval decisions; and WHEREAS, use of a hearing examiner system has proven to be an advantageous revision to municipalities in the area of land use regulations; and WHEREAS, a hearing examiner is a specifically trained individual that is experienced in the knowledge and application of land use law and project permitting; and WHEREAS, use of a hearing examiner system can reduce the liability exposure of the City and increase the resources that the City Council and Planning Commission can concentrate on policy decisions; and WHEREAS, the City Council has determined that to further the purposes of comprehensive planning and to maintain and protect the welfare of the community, it is necessary to amend PMC Title 26 to establish increase decision authority for the hearing examiner, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 21.25.050 entitled "Public Hearing Required" of the Pasco Municipal Code shall be and hereby is amended to read as follows: Pagel of 5 21.25.050 PUBLIC HEARING REQUIRED. (1) Upon receipt of a fully completed application for preliminary plat approval, a date shall be set for an open record pre -decision hearing before the HearinExaminer Pfamiing Commission at the nex4 Fegular- meeting for- whieh a&quate notiee ea -H be given (2) Any notice of public hearing required by this section shall include the hour and location of the hearing and a description of the property to be subdivided. The description may be in the form of either a vicinity location sketch or a written description other than a legal description. (3) At a minimum, a notice of the pre-decisien open record hearing is to be given in the following manner: (a) Notice shall be published not less than 48 14 days prior to the hearing in a newspaper of general circulation within Franklin County, (b) Notice shall be mailed to the owners of real property, as shown by the records of the County Assessor, located within 300 feet of any portion of the boundary of the proposed subdivision; (c) Where the proposed subdivision adjoins the municipal boundaries of the City of Pasco notice shall be mailed to the appropriate county officials; (d) Where the proposed subdivision is located adjacent to the right-of-way of a state highway notice shall be mailed to the Washington State Department of Transportation; and (e) Where the proposed subdivision is located within two miles of a publicly owned airport, notice shall be mailed to the Washington State Secretary of Transportation. [Ord. 3398 § 2, 1999; Code 1970 § 26.24.050.1 Section 2. That Section 21.25.060 entitled "Planning Commission Recommendation" of the Pasco Municipal Code shall be and hereby is repealed in its entirety. 21.25.060 G COAMUSSION RECO M) TION After- ., open reeer,dr-e-de ision he Tesed pF , a feeemmendation 4wit—hin L ffite—ffl i1 4) a to +1, City Co ,.:1 s to whether- the s..1 bas \ / J J �J{41 VNV oft the find'findinlxq shall 1. denied, aYY' aYY} +1. ed o edyt medificatiowor- een"eas. [Ord. 3398 1 000. r,.ao 1 omen § 26.24.060-.1 Section 3. That Section 21.25.070 entitled "Findings of Fact" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 21.25.070-060 FINDINGS OF FACT. Upon conclusion of the public hearing, the Hearin Examiner shall gpprove the reliminaplat with or without conditions or deny the preliminary_ plat. The Hearing Examiner shall make and enter into findings from the record and conclusions thereof as to whether or not: Page 2 of 5 (1) Adequate provisions are made for the public health, safety and general welfare and for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, transit stops, schools and school grounds, sidewalks for safe walling conditions for students and other public needs; (2) The proposed subdivision contributes to the orderly development and land use patterns in the area; (3) The proposed subdivision conforms to the policies, maps and narrative text of the Comprehensive Plan; (4) The proposed subdivision conforms to the general purposes of any applicable policies or plans which have been adopted by the City Council; (5) The proposed subdivision conforms to the general purposes of this title; (6) The public use and interest will be served by approval of the proposed subdivision. [Ord. 3398 § 2, 1999; Code 1970 § 26.24.070.] Section 4. That Section 24.25.080 entitled "City Council Consideration" of the Pasco Municipal Code shall be and hereby is repealed in its entirety. V aral loorgaul1 • 11 Y • i 1 1 1 1lur.r.Emp"Wift ON ■. • 1• 1 1 1 1 / 1. 1 Section 5. That Section 21.25.090 entitled "Notice of Decision" of the Pasco Municipal Code shall be and hereby is amended to read as follows: 21.25.090-070 NOTICE OF DECISION. Following adoption of a resolution approving or denying a preliminary plat, the applicant shall be notified of the City CoumiJ4 Hearin Examiner's action. The notice shaH be meompanied by a eopy of the adopted mseMon and shall also inform the applicant of applicable time limitations for final plat submittal if the preliminary plat was approved. The approved preliminary plat does not constitute an acceptance of the Page 3 of 5 subdivision, but is deemed to be an authorization to proceed with preparation of the final plat. [Ord. 3398 § 2, 1999; Code 1970 § 26.24.090.] Section 6. That Section 21.25. 100 entitled "Adjustments of an Approved Preliminary Plat" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 21.25.4-09 080 ADJUSTMENTS OF AN APPROVED PRELIMINARY PLAT. (1) Minor Adjustments. Minor adjustments may be made and approved by the City Planner. Minor adjustments are those which may affect the precise dimensions of the plat but which do not affect the basic character or arrangement of the lots and streets. The adjustments cannot be inconsistent with the requirements of the preliminary plat approval. The adjustments cannot cause the subdivision to be in violation of this title, the zoning ordinance, any other applicable City land use controls, Chapter 58.17 RCW, or any other applicable state law or regulation. (2) Major Adjustments. Major adjustments are those, when determined by the City Planner, that substantially change the basic design, layout, open space or other requirements of the plat. When the City Planner determines a change constitutes a major adjustment, a new application for a preliminary plat is required and shall be processed as a new and separate application. (3) Time Limitations. A preliminary plat shall be valid for a five-year period following City Gewwg _Hearing Examiner approval of the preliminary plat. [Ord. 3398 § 2,1999; Code 1970 § 26.24.100.] Section 7. That Section 21.25.110 entitled "Large Developments" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 21.25.44&090 LARGE DEVELOPMENTS. In order to discourage premature subdivision and unfeasible improvements of streets, the following procedure is provided for: (1) When a developer or group of developers have in their control an area of land which they wish to plat, but of such a large size that the sale of a majority of the lots in the area would take more than a year, they may cause to be prepared a preliminary plat for the entire area of development; (2) On such preliminary plat, development divisions may be designated; (3) Upon approval of the preliminary plat, the developer may cause to be prepared a final plat for one or more development divisions, provided the order of development allows for the provision of utilities and streets with proper alignment with existing and future utilities and streets; (4) Each development division shall be considered as a final plat and provisions of these regulations shall be complied with for such development division. [Ord. 3398 § 2, 1999; Code 1970 § 26.24.110.] Page 4 of 5 Section 8. That Section 21.30.010 entitled "Application" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 21.30.010 APPLICATION. (1) Except as provided in subsection (2) of this section, a final plat meeting all of the requirements of this Chapter shall be submitted to the City ftmnff Plannin D� for approval within seven years of the date of the preliminary plat approval if the date of the preliminary plat approval was on or after January 1, 2008 but before December 31, 2014, and within five years of the date of preliminary plat approval, if the date of preliminary plat approval was on or after January 1, 2015. (2) A final plat meeting all requirements of this Chapter shall be submitted to the Gity F Planning Division for approval within 10 years of the date or preliminary plat approval if the project is within the City limits, not subject to the requirements adopted under Chapter 90.48 RCW (Shoreline Management Plan), and the date of the preliminary plat approval was on or before December 31, 2007. (3) A complete application for final plat approval shall consist of ten full-sized, four 11x17 paper copies and an electronic copy of the plat. The paper copies together with such supplementary information and certificates which may be required shall be submitted to the City r Plannin Division at least bA w--ty ten days prior to the date sought for final plat approval. Following written notification of corrections or modifications necessary for the final plat, if any, the applicant shall submit a signed, dated and stamped mylaF drawing of the subdivision with an updated electronic copy and the applicable bonding instrument as identified in PMC 21.30.050. A bond will only be needed if there are outstanding improvements to complete. (Ord. 4383, 2018; Ord. 4107, 2013; Ord. 4056, 2012; Ord. 3398 Sec. 2, 1999.) Section 9. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this I6t"Iday of _ f?�Q `(- 1 , 2019. Matt Watkins, Mayor ATTEST: I An ela PMhon, Int rim City Clerk APPROVED AS TO FORM: Ke erguson Law, PLLC, City Attorney Page 5 of 5