HomeMy WebLinkAbout3526 Ordinance ORDINANCE NO. 3526
AN ORDINANCE of the City of Pasco, Washington, Amending
the Zoning Classification of Certain Real Property Located in the
northeast quarter of Section 8, Township 9 North, Range 29 East
from R-T (Residential Transition) 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, 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 agricultural functions to a residential
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 R-T (Residential Transition) to R-1 (Low Density
Residential) for the real property as shown in the Exhibit "1" attached hereto
and described as follows:
The southeast quarter of the northeast quarter of Section 8,
Township 9 North Range 29 East W.M., located in Franklin County
Washington.
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".
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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 this Vh day of January,
2002.
I
Michael L. Garrison, Mayor
ATTEST: APPRO TO FORM:
Catherine D. Seaman, Deputy City Clerk Leland B. Kerr, City Attorney
i
Exhibit #
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1601835
Page: 1 of 2
02/20/2002 04:06P
PASCO CITY OF AGREE 10.00 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, #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 2
1601835
Page: 2 of 2
02/20/2002 04:08P
S PASCO CITY OF AGREE 10.00 Franklin Ca, 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 8,500 sq. ft.
2) One side yard on each lot shall not be less than 10 feet.
5. Legal Description:
The southeast quarter of the northeast quarter of Section 8, Township 9
North Range 29 East W.M., located in Franklin County Washington.
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:
Owners: ����i 'S
STATE OF WASHINGTON)
) ss.
County of Franklin )
On this day personally appeared before me to me
known to me known to be the individual(s) who executed the within and foregoing
instrument on the lines above their/her typed names and acknowledged they/she
signed the ;S-o m e- as their/her free and voluntary act and deed for the uses and
purposes therein mentioned.
ven under my hand and official seal of day of
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Notary lic in and for the S to
GARY AkH q of Wa ington, residing at
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CONCOMITANT ZONING AGREEMENT PAGE 2 OF 2