HomeMy WebLinkAbout4052 Ordinance - Repealed WHEN RECORDED, PLEASE RETURN TO:
City of Pasco
Attn: City Planner
525 N. Third Avenue
Pasco, WA 99301
ORDINANCE NO. '4652
AN ORDINANCE OF THE CITY OF PASCO,WASHINGTON,AMENDING THE ZONING CLASSIFICATION
OF PROPERTY LOCATED AT THE 5900 BLOCK OF ROAD 90 FROM RT(RESIDENTIAL TRANSITION)TO
R-3 (MEDIUM-DENSITY RESIDENTIAL)WITH A CONCOMITANT AGREEMENT.
WHEREAS,a complete and adequate petition for change of zoning classification has been received and
an open record hearing having been conducted by the Pasco Planning Commission upon such petition;and,
WHEREAS, that the effect of the requested change in zoning classification shall not be materially
detrimental to the immediate vicinity;and,
WHEREAS,based upon substantial evidence and demonstration of the Petitioner,that: (A)the requested
change for the zoning classification is consistent with the adopted Comprehensive Plan; (B)the requested change in
zoning classification is consistent with or promotes the goals and objectives of the Comprehensive Plan serving the
general public interest in the community; and (C) there has been a change in the neighborhood or community needs
or circumstances warranting the requested change of the zoning classification;NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS
FOLLOWS:
Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map,
accompanying and being part of said Ordinance shall be and hereby is changed from RT (Residential Transition) to
R-3 (Medium-Density Residential) for the real property as shown in the Exhibit"1"attached hereto and described as
follows:
Lot 5,Cole's Estates
Section 2. That the change of a zoning classification as provided in Section 1 is contingent and conditioned
upon execution of and compliance with a Concomitant Agreement entered into between the Petitioner and the City
which will attach to and run with the real property described in Section 1 above. Said Concomitant Agreement is
attached to this Ordinance as Exhibit No. "2".
Section 3. 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 this 2nd day of April,2012.
ryry
Matt Watkins,Mayor
A ES APP AS TO FORM:
Si
De ra . lark,City Clerk — Leland B. Kerr,City Attorney
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"Exhibit # 2"
CONCOMITANT ZONING AGREEMENT
WHEREAS, the City of Pasco, Washington, a non-charter code city, under the laws of
the State of Washington (Chapter 35A.63 R.C.W. and Article 11, Section 11 of the Washington
State Constitution) has authority to enact laws and enter into agreements to promote the health,
safety and welfare of its citizens, and thereby control the use and development of property within
its jurisdiction; and
WHEREAS, the Owner(s) of certain property have applied for a rezone of such property
described below within the City's jurisdiction; and
WHEREAS, the City pursuant to R.C.W. 43.12(c), the State Environmental Policy Act,
should mitigate any adverse impacts which might result because of the proposed rezone; and
WHEREAS, the City of Pasco and the Owner(s) are both interested in compliance with
the Pasco Municipal Code provisions relating to the use and development of property situated in
the City of Pasco, described as follows:
LOT 5, COLES ESTATES
(Parcel# 115391014)
WHEREAS, the Owner(s) have indicated willingness to cooperate with the City of
Pasco, its Planning Commission and Planning Department to insure compliance with the Pasco
Zoning Code, and all other local, state and federal laws relating to the use and development of
the above described property; and
WHEREAS, the City, in addition to civil and criminal sanctions available by law, desires
to enforce the rights and interests of the public by this concomitant agreement, NOW,
THEREFORE,
In the event the above-described property is rezoned by the City of Pasco to R-3
(Medium Density Residential) and in consideration of that event should it occur, and subject to
the terms and conditions hereinafter stated, the applicant does hereby covenant and agree as
follows:
1. The Owner(s) promise to comply with all of the terms of the agreement in the event
the City, as full consideration herein grants a rezone on the above-described property.
2. The Owner(s) agrees to perform the terms set forth in Section 4 of this agreement.
3. This agreement shall be binding on their heirs, assigns, grantees or successors in
interest of the Owner(s) of the property herein described.
Page 1 of 2
"Exhibit # 2"
4. Conditions:
A. No more than 30 residential units lots shall be permitted on the property;
B. Maximum building heights shall be limited to 30 feet;
C. No Special Permits shall be authorized for increases in building height over the
allowable 30 feet;
D. Where side yard areas abut the northern and eastern lines of said Lot 5 the setback
shall be at least 15 feet;
The person(s) whose names are subscribed herein do hereby certify that they are the sole
holders of fee simple interest in the above-described property:
a J k / /
Owner: � .✓ /
STATE OF WASHINGTON)
) ss.
County of Franklin )
On this 2.a day of or\ , 2012, before me, the
undersigned, duly commissioned and sworn, personally appeared
t to me known to be the
individual(s) described above and who executed the within and foregoing
instrument as an agent of the owner(s) of record, and acknowledged to me that
he/she/they signed the same as his/her/their free and voluntary act-and deed, for
the uses and purposes therein mentioned, and on oath stated that he/she/they is/are
authorized to execute the said instrument.
GIVEN under by hand and official seal this 2$ day of
(y■o..,r c.\n , 2012.
Notary Public
State of Washington pC
KRYSTLE L.SHANKS 1
MY COMMISSION EXPIRES Notary Public in and for the State
January 5,2016 r of Washington, residing at Ri c,1 10..x,a .
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