HomeMy WebLinkAbout4433 Ordinance - Amending PMC Title 25 Relating to Use of a Hearing ExaminerORDINANCE NO. LA LA 63
AN ORDINANCE of the City of Pasco, Washington,
Relating to Use of a Hearing Examiner and Zoning Amending PMC
Title 25 "Zoning"
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 Title 25 of the Pasco Municipal Code; 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 25 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 25.140.090 of the Pasco Municipal Code titled "Procedure for
Approval of Planned Unit Developments" shall be and hereby is amended to read as follows:
25.140.090 PROCEDURE FOR APPROVAL OF PLANNED UNIT
DEVELOPMENTS. The approval of a planned unit development shall be by the City Council,
upon recommendation of the Phmaing Commission Hearing Examiner, and shall be processed in
accordance with the following procedures:
(1) Who May Apply. Any owner or group of owners of contiguous property acting
jointly may submit an application for a PUD.
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(2) Pre -application. Prior to the acceptance of an application for PUD approval a pre -
application conference between representatives of the city and the potential applicant is required.
This conference shall be set by the Planning Department at the request of the potential applicant.
The purpose of the pre -application conference is to acquaint the applicant with various code
requirements affecting PUD districts.
(3) Application. The applicant shall file a PUD district application for preliminary plan
approval with the City PlaamF Plannin Dom. All applications will be processed in accordance
with the provisions of Chapter 25.210 PMC. The application shall be accompanied by the
following:
(a) A filing fee in an amount equal to the rezone fee;
(b) A completed SEPA checklist;
(c) A vicinity map; and
(d) Twelve copies of maps and drawings comprising the preliminary plan.
(4) Preliminary Plan. The preliminary PUD district plan shall indicate or include the
following:
(a) Written documents including but not limited to:
(i) A legal description;
(ii) Statement of present ownership;
(iii) Statement of intent, including any plans for selling or renting the
property;
(iv) A timetable of development, including a phasing schedule if project
will be developed in phases;
(v) Provisions to assure maintenance of all common areas; and
(vi) Proposed restrictive covenants, if any.
(b) Relationship of the property to the surrounding area including identification
of land use and zoning of both the site and vicinal properties.
(c) Names and dimensions of streets bounding, traversing or touching upon the
site.
(d) Location and width of proposed streets and pedestrian ways, arrangement
of common off-street parking and recreational vehicle storage areas.
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(e) Location, layout and conceptual landscape design of all common yards,
open space and recreational areas.
(f) Proposed method of street lighting and signing.
(g) Existing and proposed utility systems, including irrigation plan.
(h) Existing site conditions, showing contours at five-foot intervals and location
of significant geographic features.
(i) Approximate building locations, buildable areas and building heights.
(5) Public Hearing Before the Planning Commission Hearing Examiner. Following a
public hearing, the Plamiing Commission Hearin Examiner may recommend approval or denial
of the application and accompanying PUD plans or may recommend imposition of such conditions
of approval as are necessary to insure conformity to all applicable regulations and the purposes of
the PUD district. A PUD may be recommended for approval only when it has been determined
that:
(a) The PUD district development will be compatible with nearby
developments and uses.
(b) Peripheral treatment insures proper transition between PUD uses and
nearby external uses and developments.
(c) The development will be consistent with the comprehensive plan and the
purposes of the PUD district.
(d) The public health, safety and welfare have been served. [Ord. 3354 § 2,
1999; Code 1970 § 25.62.090.]
Section 2. That Section 25.140.110 entitled "Preliminary PUD Approval Expiration"
of the Pasco Municipal Code shall be and hereby is amended to read as follows:
25.140.110 PRELIMINARY PUD APPROVAL EXPIRATION. Preliminary PUD
approval shall be effective for five years from the date of approval by the City Council during
which time a final PUD or the first phase of a staged PUD shall be submitted for approval. If the
final PUD or initial phase is not submitted within the five-year approval period, the preliminary
PUD shall be null and void, unless the City Couneil Hearing- Examiner grants an extension not to
exceed a one-year period. A one-year extension of the preliminary PUD approval does not require
a public hearing. In a phased PUD, successive phases are to be approved and constructed within
five years of the previously approved phase. [Ord. 3354 § 2, 1999; Code 1970 § 25.62.110.]
Section 3. That Section 25.140.120 of the Pasco Municipal Code entitled "Final PUD
Application" shall be and hereby is amended to read as follows:
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25.140.120 FINAL PUD APPLICATION. After receiving preliminary approval, the
applicant may submit a detailed final development plan in conformity to the approved preliminary
PUD. The procedures for final PUD approval shall be as those prescribed for preliminary PUD
approval in PMC 25.140.090 except the Plafming Commission.Hearing Examiner review is not
required for final PUD approval under this section. Detailed development plans shall contain the
following information:
(1) Vicinity map;
(2) A detailed site plan in conformance with the approved preliminary plan showing
land uses and vehicular and pedestrian circulation;
(3) Boundary survey of the entire property or the development phase;
(4) Construction specification for streets and pedestrian ways, including a typical
roadway section showing location of all utilities;
(5) Location and height of all buildings indicating either the dimensions or the limits
within which buildings will be constructed;
(6) Preliminary engineering plans for water, sewer, storm drainage, electric power,
telephone and gas;
(7) Preliminary subdivision plat if the property is to be subdivided;
(8) Landscape plans for open space, common areas, streets, pedestrian ways and
recreational facilities;
(9) Location, arrangement and dimensions of parking facilities and loading areas;
(10) Preliminary architectural plans and elevations of typical buildings and structures;
and
(11) Covenants, property owner agreements or other provisions, which will govern the
use, maintenance and perpetual care of the PUD and all of its open space and property held in
common. [Ord. 3354 § 2,1999; Code 1970 § 25.62.120.]
Section 4. That Section 25.140.140 of the Pasco Municipal Code entitled "Changes and
Modifications" shall be and hereby is amended to read as follows:
25.140.140 CHANGES AND MODIFICATIONS.
(1) Major changes in the approved final development plan shall be considered as a new
application for preliminary approval. Major changes include:
(a) Change in use;
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(b) Major realignment of vehicular circulation patterns;
(c) Increase in density or relocation of density pattern;
(d) Reduction of open space;
(e) Change in exterior boundaries, except survey adjustments;
(f) Increase in building height.
(2) The Planning Division may approve changes in the development plan
that are minor in nature and are consistent with the approved plan. [Ord. 3354 § 2, 1999; Code
1970 § 25.62.140.]
Section 5. That Section 25.145.080 of the Pasco Municipal Code entitled "Procedure"
shall be and hereby is amended to read as follows:
25.64.080 PROCEDURE.
(1) Any property owner or property owners may petition by application for a planned
density development designation. There shall be filed with the application a title report showing
an existing interest in the property by the applicant. Said title report shall also include the names
and addresses of all property owners within 300 feet of the exterior boundaries of the subject
property;
(2) The petition shall be presented to the City Planning Commission Hearing_ Examiner
who shall after public hearing make his/her decision in
writing as to whether the planned density development shall be approved, modified or denied. All
planned density developments shall be platted in accordance with PMC Title 21, Plats and
Subdivisions; and
(3) The—Eiyy Gotmefl raW,—afWF reeeivingtheFeeemmandatie
Commission, designate byoffliname -the phwmed density development a h na
Y
(4) 30 If the preliminary plat is not given final approval within five years from the date of
the public hearing at which approval was granted, the plat shall become invalid and approval for
the planned density development shall expired. [Ord. 3354 § 2, 1999; Code 1970 § 25.64.080.]
Section 6. That Section 25.160.100 of the Pasco Municipal Code entitled "Recreational
Vehicle Park Application Procedure" shall be and hereby is amended to read as follows:
25.160.100 RECREATIONAL VEHICLE PARK APPLICATION PROCEDURE.
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(1) The applicant shall make application at least 30 calendar days prior to the fYig
Commission meefing ol?en record hearing at which action is desired; on fefms pwi4ded by
Plawibag
(2) The application shall include a-300 fee as established in PMC Title 3 be
accompanied by an environmental checklist with associated fee, and a report from a title insurance
company showing ownership of the property involved and a list of the names and addresses of A
owners of pfoper-ty vA4hin three hundred (300) feet of the pFoposed deve4opment;
(3) The application shall further be accompanied by 20 copies of a site plan which shall
be drawn at a scale of not less than 100 feet to the inch, and shall be clear and precise. If necessary,
the site plan can consist of more than one drawing. The site plan shall contain, but not necessarily
be limited to, the following:
(a) Name of the owner and operator, with address and phone numbers; and the
name of the proposed recreational vehicle park.
plan.
(b) Legal description of the subject tract of land.
(c) Name, address and phone number of the person or firm preparing the site
(d) Scale of the drawing and north arrow.
(e) The area and dimensions of the tract of land.
(f) The number, size and location of all recreational vehicle spaces.
(g) The number, location and size of all off-street parking spaces.
(h) The location and width of all streets and walkways.
(i) The location of service buildings, management offices, sanitary stations,
recreation areas, and any other proposed facilities or structures.
0) Location of all utility easements.
(k) Specifications of the water supply, sewage disposal, electrical supply, and
refuse collection systems.
(1) Drainage plan (may be submitted on a separate drawing).
(m) Landscaping plan (may be submitted on a separate drawing).
(n) Topography at an appropriate contour interval unless specifically waived
by the City Engineer.
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(� �� viedeit� ieAieatisg-� - .^•'':" at
ft3 o) Signage.
f9X0 Fencing and screening.
(4) Special Permit Review. Once a complete application has been received by the City,
the Planning Office will schedule a hearing before the Hearing Examiner
The application will then continue through the standard special permit process until a special
permit is approved or denied. [Ord. 3354 § 2,1999; Code 1970 § 25.69.100.]
Section 6. That Section 25.165.210 of the Pasco Municipal Code entitled "Wineries"
shall be and hereby is amended to read as follows:
25.165.210 WINERIES. The following standards must be met or exceeded:
(1) Outdoor Storage. Outdoor storage of any kind, except wine storage, is prohibited
unless such storage is completely screened from public view by an opaque screening device.
Screening visible from public rights-of-way and less intense zoning districts shall be constructed
of brick, decorative concrete, natural stone, decorative masonry or cedar fencing material.
Screening shall be constructed and maintained at a sufficient height to visually screen all stored
materials;
(2) Utility Areas. All areas of the property used for loading and unloading purposes,
trash receptacles, transformers and utility purposes shall be visually screened as provided in
subsection (1) of this section;
(3) Landscape and Buffering. In addition to the landscape provisions of Chapter 25.180
PMC, the Plamiing Commission Hearin Examiner may require additional landscape features to
ensure the proposed winery will be in harmony with and not impair the value of present and future
development of adjacent lands. The spacing of shade trees in all buffer areas shall not be greater
than 30 linear feet. Buffer area trees shall be a caliper size of one and one-half inches at the
planting;
(4) Exterior Lighting. Exterior lighting shall be directed on site so as not to interfere
with the comfort and repose of adjoining property owners; and
(5) Building Design. The exterior of all structures shall be constructed of brick, natural
stone, exposed aggregate, decorative concrete, stucco, cedar siding or lap siding as approved by
the Phamning Commission Hearin Examiner. Roofing materials may consist of composition
shingles, standing rib or delta rib, baked enamel metal roofs, or alternate as approved by the
PlanHing Commission.. Hearing Examiner. [Ord. 3354 § 2, 1999; Code 1970 § 25.70.160.]
Section 6. That Section 25.195.020 of the Pasco Municipal Code entitled "Land Use
Decision Authority" shall be and hereby is amended to read as follows:
Page 7 of 12
25.195.020 LAND USE DECISION AUTHORITY. The Hearing Examiner shall
receive and examine available information, conduct public hearings, and prepare a record thereof,
and enter findings of fact, conclusions and a decision as provided for herein. The Hearing
Examiner shall hear and decide the following land use decisions:
(1) Variances. Applications for variances from the terms of this title; provided, that
any variance granted shall be subject to such conditions as will assure that the adjustment thereby
authorized shall not constitute a grant of special privilege inconsistent with the limitations upon
other properties in the vicinity and zoning which the subject property is situated, and that the
following circumstances are found to apply:
(a) Because of special circumstances applicable to the subject property,
including size, shape, topography, location of surroundings, the strict application of the
zoning ordinance is found to deprive subject property of rights and privileges enjoyed by
other properties in the vicinity and under identical zone classification.
(b) That the granting of the variance will not be materially detrimental to the
public welfare or injurious to the property or improvements in the vicinity and zone in
which the subject property is situated.
(c) The special circumstances applicable to the subject property were not
created through the action(s) of the applicant or any predecessor in interest.
(2) Review - Administrative Action. Appeals may be heard by the examiner, where it
is alleged by the applicant that there is error in any order, requirement, permit, decision or
determination made by the City Planner in the administration or enforcement of this title. Where
the street or lot lay out actually on the ground, or as recorded, are different from the street and lot
lines as shown on the zoning map, the examiner, after notice to the owners of the property, and
after public hearings, shall interpret the map in such a way as to carry out the intent and purposes
of this title. In case of any questions as to the location of any boundary line between zoning
districts, a request for interpretation of the zoning map may be made to the examiner, and a
determination shall be made by the examiner.
(3) Waiver of Violations. Recognizing the fact that a building may be erected in good
faith with every intent to comply with the provisions of this title in respect to the location of the
building upon the lot and the size and location of required yards, and that it may later be determined
that such building does not comply in every detail with such requirements, although not violating
the spirit or intent of the zoning ordinance, the examiner may issue a waiver of violation subject
to such conditions as will safeguard the public health, safety, convenience and general welfare.
(4) Extension of Use on Border of District. The examiner may hear and approve the
extension of a use or building into a more restricted zone classification immediately adjacent
thereto, but not more than 30 feet beyond the dividing line of the two zone classifications, and
under such conditions as will safeguard development in the more restricted district.
(5) Administrative Exceptions. An administrative exception not to exceed one foot of
any dimensional standard pertinent to front yard, side yard, rear yard, flanking street, and building
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line may be granted by administrative action of the examiner without public hearing and without
posting or public notices.
6 Land use decisions described in PMC 2.50.080. [Ord. 3765 § 4, 2006; Code 1970
§ 25.84.020.]
Section 7. That Section 25.195.030 of the Pasco Municipal Code entitled "Land Use
Application" shall be and hereby is amended to read as follows:
25.195.030 LAND USE APPLICATION. Applications for permits or approvals within
the jurisdiction of the hearing examiner shall be presented to the City PlameF office of the Planning
Division. The application shall be accepted
only if applicable filing requirements are met. The City PlanneF Planning Division shall be
responsible for assigning a date for and assuring due notice of public hearing for each application,
which date and notice shall be in accordance with the statute or ordinance governing the
application. [Ord. 3765 § 4,2006; Code 1970 § 25.84.030.]
Section 8. That Section 25.195.040 of the Pasco Municipal Code entitled "Report of
Community and Economic Development Department for Land Use aAplication." shall be and
hereby is amended to read as follows:
25.195.040 REPORT OF COMMUNITY AND ECONOMIC DEVELOPMENT
DEPARTMENT FOR LAND USE APPLICATION. For any land use issue coming before the
examiner, the Department of Community Development shall coordinate and assemble the reviews
of other City departments, governmental agencies, and other interested parties and shall prepare a
report summarizing the factors involved and the department's finding and recommendations. At
least seven calendar days prior to the scheduled hearing, the report shall be filed with the examiner
and copies thereof shall be mailed to the applicant and made available for public inspection.
Copies thereof shall be provided to interested parties upon payment of reproduction costs. In the
event that information to be provided by the applicant or other parties outside of City control has
not been provided in sufficient time for filing seven days in advance of the hearing, the Community
and Econemie Development Department may reschedule the hearing and notify interested parties.
[Ord. 3765 § 4,2006; Code 1970 § 25.84.040.]
Section 9. That Section 25.200.070 of the Pasco Municipal Code entitled "Public Hearing
required" shall be and hereby is amended to read as follows:
25.200.070 PUBLIC HEARING REQUIRED. Upon the filing of a complete
application for a special permit, the application shall be scheduled for an open record pFe-deeisien
hearing before the Phanning Commission ffLanLng Examiner. Notice of such open record hearing
shall be given as provided for in PMC 25.210.040, except that in the case of commercial
agricultural uses, the notification distance shall be increased to 1,000 feet. The open record hearing
may be continued as deemed necessary by the Planning Commission Hearing Examiner. provided
the applicant consents to any such continuance. In the event the applicant does not consent to a
continuance, the PlanBing ComwAssion Hearing Examiner shall close the public hearing and render
a decision r in accordance with the provisions of PMC
25.200.080 and 25.200.100. [Ord. 3354 § 2, 1999; Code 1970 § 25.86.050.]
Page 9 of 12
Section 9. That Section 25.200.080 of the Pasco Municipal Code entitled "Findings of
fact by Planning Commission" shall be and hereby is amended to read as follows:
25.200.080 FINDINGS OF FACT BY PLANqQNG COMMSS HEARING
EXAMINER Upon conclusion of the open record predesisien hearing, the Hearin Examiner
Plamiing 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;
(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;
(4) The location and height of proposed structures and the site design will discourage
the development of permitted uses on property in the general vicinity or impair the value thereof;
(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; and
(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. [Ord. 3354
§ 2, 1999; Code 1970 § 25.86.060.]
Section 10. That Section 25.200.090 of the Pasco Municipal Code entitled
"Supplemental Findings of Fact and Conclusions by Planning Commission for Shops/Garages"
shall be and hereby is amended to read as follows:
25.200.090 SUPPLEMENTAL FINDINGS OF FACT AND CONCLUSIONS BY
HEARING EXAMINER FOR SHOPS/GARAGES. In addition to
making and entering conclusions from the record for special permits based on the criteria in PMC
25.200.080 the PlaBning Commissie Hearing Examiner shall consider the following for special
permits dealing with increased heights and/or floor area for detached shops and garages:
(1) Will the shop/garage match the principle structure in design and exterior treatments
such as roofing materials, siding, color, window and door openings, eave overhangs, fenestrations
and other architectural features;
(2) Will the existing topography and elevation of the site and surrounding property
exacerbate or attenuate the height of the proposed shop/garage;
(3) Will the proposal include landscaping features or berms to ameliorate the height
and/or floor area of the shop/garage;
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(4) Will the shop/garage be erected on the property utilizing minimum setbacks;
(5) Is the site larger than the minimum lot size requirement for the zoning district. [Ord.
4144 § 8, 2014; Ord. 4110 § 30, 2013; Code 1970 § 25.86.065.]
Section 11. That Section 25.200.100 of the Pasco Municipal Code entitled
"Recommendation of Planning Commission" shall be and hereby is repealed in its entirety.
Section 12. That Section 25.200.110 of the Pasco Municipal Code entitled "Appeal —
Filing requirements" shall be and hereby is repealed in its entirety.
Section 13. That Section 25.200.120 of the Pasco Municipal Code entitled "City Council
consideration" shall be and hereby is repealed in its entirety.
Section 14. That Section 25.200.130 ofthe Pasco Municipal Code entitled "Effective date"
shall be and hereby is repealed in its entirety.
Section 15. That Section 25.200.150 of the Pasco Municipal Code entitled "Extensions"
shall be and hereby is amended to read as follows:
25.200.150 EXTENSIONS. The Cit Geuneil Hearink Examiner may grant a one-time
extension without a public hearing provided the extension does not exceed six months and an
application for extension is submitted to the Eimer Hearing Examiner no later than 30 days
prior to the expiration date of the special permit. This provision does not apply to temporary
special permits. [Ord. 4110 § 30, 2013; Ord. 3354 § 2, 1999; Code 1970 § 25.86.120.]
Section 16. That Section 25.200.160 of the Pasco Municipal Code entitled "Revocation
of Permit" shall be and hereby is amended to read as follows:
25.200.160 REVOCATION OF PERMIT. Any special permit may be revoked by the
City Call Hegdn Examiner if, after a public hearing, notice of which shall be given in
accordance with PMC 25.210.040, it is found that the conditions upon which the special permit
was authorized have not been fulfilled or if the use authorized has changed in size, scope, nature
or intensity so as to become a detriment to the surrounding area. The deeision of the City Coumil
is final. (Ord. 3354 Sec. 2, 1999.)
Section 17. That Section 25.210.040 of the Pasco Municipal Code entitled "Notice
Requirements" shall be and hereby is amended to read as follows:
25.210.040 NOTICE REQUIREMENTS. At least 4814 days' notice of time, place and
general purpose of any open record hearing required by this chapter shall be published in a
newspaper of general circulation in the City. In addition thereto, written notice of the hearing shall
be mailed to each property owner of record within 300 feet of the boundaries of the area proposed
to be changed or altered. Owners of record shall be determined by a title company report or report
from the Franklin County Assessor's Office not more than 30 calendar days preceding the date of
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publication. Substantial compliance shall be deemed to be full and sufficient compliance. [Ord.
3354 § 2, 1999; Code 1970 § 25.88.040.]
Section 18. 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 J�" day of FW i 1 1 .2019.
Matt Watkins, Mayor
ATTES
Angela Pashon, Interim C' ity Clerk
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AS TO FORM:
Law, PLLC, City Attorney