HomeMy WebLinkAbout3527 Ordinance a
ORDINANCE NO. 3527
AN ORDINANCE of the City of Pasco, Washington, Amending
the Zoning Classification of Certain Real Property Located in the
Southwest quarter of Section 9, Township 9 North, Range 29 East
from R-1 (Low Density Residential) to R-4 (High 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-1 (Low Density Residential)
to R-4 (High Density Residential) for the real property as shown in the Exhibit
"I" attached hereto and described as follows:
Beginning at the Southeast corner of the Southwest quarter of Sec.
9, Township 9 N, Range 29 East, W.M.; Thence North 895' 43' 20"
East a distance of 823.92 feet; Thence North 009 04' 01" West a
distance of 100.00 feet; Thence North 89° 07'55" East a distance of
50.00 feet; Thence North 000 04'01' West a distance of 361.02 feet;
Thence South 892 01'08" East a distance of 774.04 feet to the East
line of the Southwest quarter of Sec. 9, Township 9 N, Range 29
East; Thence South 00° 04' 01" East along said East line of said
Southwest quarter of said Sec. 9 a distance of 462.52 feet 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 this 7th day of January,
2002.
Michael L. Garrison, Mayor
ATTEST: APPRO TO FORM:
Catherine D. Seaman, Deputy City Clerk Leland B. Kerr, City Attorney
3
Exhibit # 1
Rezone Ord . # 352-
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02/20/2002 04,06P
PASCO CITY OF AGREE 11,00 Franklin Co, NA
CONCONUTANT 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 R4
(High 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.
4. Conditions:
A. The development shall comply with the following requirements:
1) The property shall not be developed with more than 80 dwelling units;
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02/20/2002 04:08P
" PASCO CITY OF AGREE 11.00 Franklin Co, WA
2) Primary access to the property must be provided by Road 76 and or
Burden Boulevard;
3) Building permits will not be issued for dwellings until access onto
Sandifur Parkway from Road 76 or Burden Boulevard is available.
5. Legal Description:
Beginning at the Southeast corner of the Southwest quarter of Sec. 9,
Township 9 N, Range 29 East, W.M.;Thence North 89°43' 20" East a distance of
823.92 feet, Thence North 00°04' 01" West a distance of 100.00 feet;Thence
North 890 07'55" East a distance of 50.00 feet;Thence North 00°04'01' West a
distance of 361.02 feet;Thence South 89°01'08" East a distance of 774.04 feet to
the East line of the Southwest quarter of Sec. 9,Township 9 N, Range 29 East;
Thence South 00104' 01" East along said East line of said Southwest quarter of
said Sec. 9 a distance of 462.52 feet to the Point of Beginning.
The person(s)whose names are subscribed herein do her th th are
the sole holders of fee simple interest in the above-described.pr"(,perty:
Owners:
STATE OF WASHINGTON)
)ss.
County of Franklin )
LA r loll14ef/-,', 4
On this day personally appeared before me ''c!, r to me
known to be the A-f-Yx1-e,--5 of 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)- s authorized to execute said
instrument. Py
Given under my hand and official seal of � day of
200
ARR,`paiNea�a�e�a 9
4 rpo���5s�oruo�:�'•� Notary Public in and for the�tate
of Washington, residing at:e o,
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