HomeMy WebLinkAbout3551 Ordinance - Reorded then Repealed 1631859
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PASCO CITY OF ORD 32.00 Franklin Co, WA
ORDINANCE NO. 3551
AN ORDINANCE of the City of Pasco, Washington, Amending
the Zoning Classification of Certain Real Property Located in
Section 9, Township 9 North, Range 29 East, W.M., from RT
(Residential Transition) to R-1 (Low Density Residential), R-3
(Medium Density Residential), R-4 (High Density Residential) and
C-1 (Retail Business).
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 restricting certain land uses; 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 utilities necessary to serve residential development on these properties
have now been designed and will be extended to the 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 RT (Residential Transition) to R-1 (Low Density
1631859
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PASCO CITY OF ORD 32.00 Franklin Co, WA
Residential) for the real property as shown in the Exhibit "1" attached hereto
and described as follows:
The northwest quarter of Section 9, Township 9 North,
Range 29 East, W.M., City of Pasco, Franklin County, Washington,
EXCEPT the east 525 feet thereof and EXCEPT Roads.
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. 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:
The east 525 feet of the south 1180 feet of the northwest
quarter of Section 9, Township 9 North, Range 29 East, W.M., City
of Pasco, Franklin County, Washington, EXCEPT Roads.
Section 4. That the change of a zoning classification as provided in
Section 3 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 3 above. Said
Concomitant Agreement is attached to this Ordinance as Exhibit No. "3".
Section 5. 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-4 (High Density
Residential) for the real property as shown in the Exhibit "1" attached hereto
and described as follows:
The east 525 feet of the northwest quarter of Section 9,
Township 9 North, Range 29 East, W.M., and the northeast quarter
of Section 9, Township 9 North, Range 29 East, W.M., City of
Pasco, Franklin County, Washington, lying west of Road 68,
EXCEPT the south 1180 feet thereof and EXCEPT Roads.
Section 6. That the change of a zoning classification as provided in
Section 5 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 5 above. Said
Concomitant Agreement is attached to this Ordinance as Exhibit No. "4".
1631859
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PASCO CITY OF ORD 32.00 Franklin Co, WA
Section 7. 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 C-1 (Retail Business)
for the real property as shown in the Exhibit "I" attached hereto and described
as follows:
The south 1180 feet of the northeast quarter of Section 9,
Township 9 North, Range 29 East, W.M, City of Pasco, Franklin
County, Washington, lying west of Road 68, EXCEPT Roads.
Section S. 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 1St day of July 2002.
C
Michael L. Garrison, Mayor
ATTEST: APPROVED AS TO FORM:
_ _ Clerk Leland B. Kerr, City Attorney
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1631859
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PASCO CITY OF ORD 32.00 Franklin Co, WA
CITY OF PASCO
SUMMARY OF ORDINANCE NO. 3551
ORDINANCE NO. 3551, rezones approximately 190 acres of land east of Road
68 and north of Sandifur Parkway from R-T (Residential Transition) to R-1 (Low
Density Residential), R-3 (Medium Density Residential, R-4 (High Density
Residential) and C-1 (Retail Business) conditioned by a Concomitant
Agreement.
The full text of Ordinance No. 3551, is available free of charge to any person
who requests it from the City Clerk of the City of Pasco (509) 545-3402, P.O.
Box 293, Pasco, Washington 99301.
Catherine D. Seaman, DeputyCity Clerk
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PASCO CITY OF ORD 32.00 Franklin Co, 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-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.
CONCOMITANT ZONING AGREEMENT PAGE 1 OF 2
,r
• ' . 1631859
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PASCO CITY OF ORD 32.00 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 number of dwelling units shall be no greater than 12 units per gross
acre.
2) The use of the property shall be restricted to townhouse development or
single-family detached housing.
5. Legal Description:
The east 525 feet of the south 1180 feet of the northwest quarter of Section 9,
Township 9 North, Range 29 East, W.M., City of Pasco, Franklin County
Washington, EXCEPT Roads.
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:
Owners: G c /L—
t
STATE OF WASHINGTON)
) ss.
County of Franklin)
On tj(j�ryV(jty'is day personally appeared before me
U . to me known to be the indiv' ual(s) who
exetuted the within d foregoing instrument on the lines above as his/her/their free
and voluntary act and deed for the uses and purposes therein mentioned.
Given under my hand and official seal of. J1 day of A0 , 2002.
`r�rrrrrrrirrJ .�
A
no Notary Public ' and or the Stati
of Washington, residing at 1-
',h10TA RY =
PUBLIC
;�
WAS
CONCOMITANT ZONING AGREEMENT PAGE 2 OF 2
1631859
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1111111109/17/2003 08:44A
PASCO CITY OF OR0 32.00 Franklin Ca; WA
Owners:
Owners: M
( l
STATE OF WASHINGTON)
ss.
County of Franklin)
On this jper; ona!ly appeared before me ate.-
VA"Z�-' 031 z to me known to be the individual(s) who
execut d tTie within and foregoing instrument on the lines above as his/her/their free
and voluntary act and deed for the uses and purposes therein mentioned.
Given under my hand and official seal of <5A.X day of , 2002.
`IN S. p�h�
� ON
Notary Publi in and for the ate
0TAAk of Washington, residin 4f
'P cn Pus%.%*
rFMasP NQ Owners: r.
OF WAg Owners:
STATE OF WASHINGTON)
ss.
County of Franklin)
On thi day rs ly ppeared before me CA)')!�_ti �
to me known to be the individual(s) who
e�bcut6d the within drid foregoing instrument on the lines above as his/her/their free
and voluntary act and deed for the uses and purposes therein mentioned.
Given under my hand and official of 7 day of ) 2002.
N t blic in I and for the to
4
NOTARY PUBLIC ofVashington, residing at
STATE OF WASHINGTON
JAYE LYNN HALL
COMMIGSION EXPIRES 140VEM8#fj 14,2004
CONCOMITANT ZONING AGREEMENT PAGE 3 OF 3
1631859
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09/17/2003 08:44A
PASCO CITY OF ORD 32.00 Franklin Co, 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 Owners) 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
1631859
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09/17/2003 08:44A
PASCO CITY OF ORD 32.00 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 minimum lot size shall not be less than 8,500 square feet.
2) The average lot size for the northern half of the property shall not be less
than 10,000 square feet.
3) One side yard on each lot shall not be less than 10 feet.
5. Legal Description:
The northwest quarter of Section 9, Township 9 North, Range 29 East, W.M.,
City of Pasco, Franklin County, Washington EXCEPT the east 525 feet thereof
and EXCEPT Roads.
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: 1....;�
Owners:
y.
Owners: 1 VU' A
STATE OF WASHINGTON)
ss.
County of Franklin)
On this day personally appeared before me7Cct� z
cc's 1 to me known to be the individual(s) who
exec e the within and foregoing instrument on the lines above as his/her/their free
and voluntary act and deed for the uses and purposes therein mentioned.
Given under my hand and official seal of a&Z day of , 2002.
S. P.-
Notary Pu lic in and for the Mate
NOTARj, of Washington, residing at
9�F TFMsER� a0~
GF WASN�
CONCOMITANT ZONING AGREEMENT PAGE 2 OF 2
1631859
Page: 11 of 14
_�, � ?-UBLIC PRSCO CITY OF ORD 32-00 09ank1i200o3 0R:
ATE::,F l�1ASHINGTON — — — — — — — — -
,, YNN HA LL Owners:
I AYE_
COMMISSION E.XPin'` `•^vEM6ER t4,8004
Owners:
STATE OF WASHINGTON)
) ss.
County of Franklin)
On this day personally appeared before me
142t 4) [nillityl to me known to be the individual(s) who
execut the within and foregoing instrument on the lines above as his/her/their free
and voluntary act and deed for the uses and purposes therein mentioned.
Given under my hand and officials of day of 2002.
NoWfRibficIn and for the tate
of Washington, residing at
Owners:
Owners:
STATE OF WASHINGTON)
ss.
County of Franklin)
On this glay,personally a peared before me al//e"= Grp
z to me known to be the individual(s) who
ex cuted the within and foregoing instrument on the lines above as his/her/their free
and voluntary act and deed for the uses and purposes therein mentioned.
Given under my hand and official seal of 3A X day of 2002.
S. PF1 Notary Public in and for the tate
of Washington, residing at
� ugv �
`G
8
�
.9TF
OF W P►`3�
CONCOMITANT ZONING AGREEMENT PAGE 3 OF 3
w
1631859
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09/17/2003 08:44A
PASCO CITY OF ORD 32.00 Franklin Co, 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 o€.Pasco, described as follows:
(SEE PAGE 2, #5, LEGAL DESCRIPTION)
WHEREAS, the Ovner(s) have indieated 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 4
WHEREAS, the City, in addition to civil and crimijaal 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-4
(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.
CONCOMITANT ZONING AGREEMENT PAGE 1 OF 2
r 1
, ( 1631859
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t 09/17/2003 8:44A
PRSCO CITY OF ORD 32.00 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 number of dwelling units shall be no greater than 25 units per gross
acre.
2) All development shall be subject to review and approval by the Community
Development Director.
3) Single-family detached housing development shall be prohibited.
5. Legal Description:
The east 525 feet of the northwest quarter of Section 9, Township 9 North, Range
29 East, W.M., and the northeast quarter of Section 9, Township 9 North, Range
29 East, W.M. lying west of Road 68, City of Pasco, Franklin County, Washington
EXCEPT the south 1180 feet thereof and EXCEPT Roads.
The person(s) whose names are subscribed herein do he by certify that they
are the sole holders of fee simple interest in the above-describe p operty•
Owners:
Owners:
STATE OF WASHINGTON)
) ss.
County of Franklin) -- /
On this day personally appeared before me T o(ye
to me known to be the individual(s) who
executed the within and foregoing instrument on the lines above as his/her/their free
and voluntary act and deed for the uses and purposes therein mentioned.
Given under my hand and official seal of S1� day of " , 2002.
Uc
No blic in and for the tfejj
NOTARY PUBLIC of Washington, residing atAL'v .
f r.
STATE OF WASHINGTON
t JIM.
JAYE LYNN HALL
COMMISSION- P'"S NCVEMBER 14,2004
CONCOMITANT ZONING AGREEMENT PAGE 2 OF 2
1631859
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09/17/2003 08:44A :'
PASCO CITY OF ORD 32.00 Franklin Co, WA � .
f �
Owners:
Owners:
,`
STATE OF WASHINGTON)
ss.
County of Franklin) J
On this d personally appeared before me
to me known to be the individual(s) who
execufedAhe within and foregoing instrument on the lines above as his/her/their free
and voluntary act and deed for the uses and purposes therein mentioned.
Given L n�y hand and official seal ofd day of , 2002.
N 8. P
10N E;J
�� •��SS fXP/ F,A _ O� -,iuJZ.[ LLJ
Notary Publi in and for the S"te
`.pTAgY
1 of Washington, residing at �F•a�
(P vc� pUBL1G�o O;
A
rFMBEQ►, �d� Owners:
OF WA Owners:
STATE OF WASHINGTON)
ss.
County of Franklin)
On thi day ersonaily appeared before me e. tc
to me known to be the individ al(s) who
ex cuted the within and foregoing instrument on the lines above as his/her/their free
and voluntary act and deed for the uses and purposes therein mentioned.
Given under my hand and official seal of -7 Z day of , 2002.
Py��, of Washington,n and ding at7e�
s
� �+gip'[AR y►
N
OF W A5�
CONCOMITANT ZONING AGREEMENT PAGE 3 OF 3