HomeMy WebLinkAbout3493 Ordinance ORDINANCE NO. 3493
AN ORDINANCE of the City of Pasco, Washington, Amending
the Zoning Classification of Certain Real Property Located Section
8, Township 9 North, Range 29 East WM, from C-3 (General
Business) to R-1 (Low Density Residential).
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, there are conditions which should be imposed in order to
mitigate any potential significant adverse impacts from the requested change of
zoning classification on the surrounding vicinity justifying a Concomitant
Agreement including terms for minimum lot sizes; 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 in
that the neighborhood has shifted from residential functions to a heavy
commercial area and (D) the request for change in zoning classification is
categorically exempt under the Washington State Environmental Policy Act;
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 C-3 (General Business District)
to R-1 (Low Density Residential District) for the real property as shown in the
Exhibit "1" attached hereto and described as follows:
Those portions of Lots 1,2,3,4,5, and 6, Block 1 and vacated portions of
Center Road, and portions of the vacated 84t' Avenue, per plat of Broadmoor
Park No. 1, recorded in Volume D of Plats, Page 28 records of Franklin County
Auditor; and portions of the Southeast quarter of Section 8, Township 9 North,
Range 29 East, Willamette Meridian, City of Pasco, Franklin County,
Washington, described as follows: Commencing at the East quarter corner of
said section 8; thence South 0033'07"E 51.02 feet along the east line of the
Southeast quarter of said section. 8, to those south right-of-way line of Sandifur
Parkway (51' right-of-way width), and the point of beginning; Thence
continuing South 00.33'07"E 2313.11 feet, more or less, along the east line of
the Southeast quarter of said Section 8, to the north right-of-way line of SR-
182; thence northwesterly along the north right-of-way line of SR-182 to its
intersection with the west line of the east 1335.00 feet of the southeast quarter
of said section 8; thence North 00.33'07"W 1742.16 feet, more or less, along
said west line, to the south right-of-way line of Sandifur Parkway to the Point of
Beginning.
Section 2. That the change of a zoning classification as provided in
Section 1 is contingent, and conditioned upon execution 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 publications required by law.
PASSED by the City Council of the City of Pasco, Washington, and
approved as provided by law this 4' day of September 2001.
v'
Michael L. Garrison, Mayor
ATTEST: APPROVED AS TO FORM:
Catherine D. Seaman, Deputy City Clerk Leland B. Kerr, City Attorney
Exhibit # 1
Rezone Ord . # 3g93
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PASCO CITY OF AGREE 11.00 Franklin Cc, WA
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:
(SEE PAGE 2, NO. 5, LEGAL DESCRIPTION)
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-1
(Low 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.
Concomitant Zoning Agreement Page 1 of 3 08/29/01
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PASCO CITY OF AGREE 11.00 Franklin Co, WA
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.
4. Conditions:
a. The development shall comply with the following requirements:
1) The average lot size shall not be less than 8,700 sq. ft.
2) Lots of comparable sizes shall be grouped together.
3) No more than 20% of the lots shall be less than 7,500 sq. ft.
4) At least 25% of the lots shall be 9,000 sq. ft. or larger.
5) Exclusive of number 4 above at least 10% of the lots shall be 10,000 sq. ft. or
larger.
5. Legal Description:
Those portions of Lots 1,2,3,4,5, and 6, Block 1 and vacated portions of Center Road,
and portions of the vacated 84`" Avenue, per plat of Broadmoor Park No. 1, recorded in
Volume D of Plats, Page 28 records of Franklin County Auditor; and portions of the
Southeast quarter of Section 8, Township 9 North, Range 29 East, Willamette Meridian,
City of Pasco, Franklin County, Washington, described as follows: Commencing at the
East quarter corner of said section 8; thence South 00 033'07"E 51.02 feet along the
east line of the Southeast quarter of said section 8, to those south right-of-way line of
Sandifur Parkway (51' right-of-way width), and the point of beginning; Thence
continuing South 00°33'07"E 2313.11 feet, more or less, along the east line of the
Southeast quarter of said Section 8, to the north right-of-way line of SR-182; thence
northwesterly along the north right-of-way line of SR-182 to its intersection with the west
line of the east 1335.00 feet of the southeast quarter of said section 8; thence North
00°33'07"W 1742.16 feet, more or less, along said west line, to the south right-of-way
line of Sandifur Parkway to the Point of Beginning.
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:
Owner:
Metropolitan Mortgage & Securities Co., Inc.
Reuel anson, Secretary
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STATE OF WASHINGTON PASCO CITY OF AGREE 11.00 Franklin Co, WA
) ss.
County of Spokane )
On this day personally appeared before me Reuel Swanson to me known to be the
Secretary of Metropolitan Mortgage & Securities Co., Inc., the corporation that executed
the within and foregoing instrument, and acknowledged that said instrument to be the free
and voluntary act and deed of said corporation for the uses and purposes therein mentioned
and on oath stated that he was authorized to execute said instrument.
Given under my hand and official seal of day of August, 2001.
N„ Notary Public in and for the State of
SEAL 2. 01� Washington, residing at Spokane.
11111111111��
Concomitant Zoning Agreement Page 3 of 3 08/29/01
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02/20/2002 04:061P
PASCO CITY OF AGREE 11.00 Franklin Cc, HA
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:
(SEE PAGE 2, NO. 5, LEGAL DESCRIPTION)
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-1 (Low
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.
Concomitant Zoning Agreement Page 1 of 3 10103/01
1601836
Page: 2 of 3
02/20/2002 04:06P
PASCO CITY OF AGREE 11.00 Franklin Co, WA
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.
4. Conditions:
a. The development shall comply with the following requirements:
1) The average lot size shall not be less than 8,700 sq. ft.
2) Lots of comparable sizes shall be grouped together.
3) No more than 20% of the lots shall be less than 7,500 sq. ft.
4) At least 25% of the lots shall be 9,000 sq. ft. or larger.
5) Exclusive of number 4 above at least 10% of the lots shall be 10,000 sq. ft, or
larger.
5. Legal Description:
Those portions of Lots 1,2,3,4,5, and 6, Block 1 and vacated portions of Center Road,
and portions of the vacated 84th Avenue, per plat of Broadmoor Park No. 1, recorded in
Volume D of Plats, Page 28 records of Franklin County Auditor; and portions of the
Southeast quarter of Section 8, Township 9 North, Range 29 East, Willamette Meridian,
City of Pasco, Franklin County, Washington, described as follows: Commencing at the
East quarter comer of said section 8; thence South 00 033'07"E 51.02 feet along the
east line of the Southeast quarter of said section 8, to those south right-of-way line of
Sandifur Parkway (51' right-of-way width), and the point of beginning; Thence
continuing South 00°33'07"E 2313.11 feet, more or less, along the east line of the
Southeast quarter of said Section 8, to the north right-of-way line of SR-182; thence
northwesterly along the north right-of-way line of SR-182 to its intersection with the west
line of the east 1335.00 feet of the southeast quarter of said section 8; thence North
00 033'07"W 1742.16 feet, more or less, along said west line, to the south right-of-way
line of Sandifur Parkway to the Point of Beginning.
The person(s) whose names are subscribed herein do hereby certify that they are the
sole holders of eaakle interest in the above-described property:
JQ� °nQ .� Owner:
• —� C Metropolitan Mo ge & Securities Co., Inc.
PUBUG YR Q WAS
Reuel anson, Secretary /,4P- Dj
Concomitant Zoning Agreement Page 2 of 3 10/03/01
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02/2012002 04:05P
STATE OF WASHINGTON } pASCO CITY of AGREE 11.00 Franklin co, WA
County of Spokane )
On this day personally appeared before me Reuel Swanson to me known to be the
Secretary of Metropolitan Mortgage & Securities Co., Inc., the corporation that executed
the within and foregoing instrument, and acknowledged that said instrument to be the free
and voluntary act and deed of said corporation for the uses and purposes therein mentioned
and on oath stated that he was authorized to execute said instrument.
Given under my hand and official seal of day of October, 2001.
TAR
Notary Public in and for a State of
SEAL f�,, PUBIA :oa Washington, residing at Spokane.
AZ Concomitant Zoning Agreement Page 3 of 3 10/03/01