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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- L ANDIFUR PARKWAY MOO �Q a SROADYWR BROAD 1�S �� FACTORY OUTLET �Q CP SITE J��8 2 1601831 Paga: 2 of 3 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; 1601831 Page: 3 of 3 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, '°UBUG r *ASH��a`��•