HomeMy WebLinkAbout3573 Ordinance - Recorded then Repealed 1613395
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PASCO CITY OF ORD 23.00 Franklin Co, wa
ORDINANCE NO. 3573
AN ORDINANCE ASSIGNING ZONING TO CERTAIN REAL
PROPERTY WITHIN THE CITY OF PASCO.
WHEREAS, on August 15, 2002, the Planning Commission of the City of
Pasco conducted a public hearing to develop a recommendation for the
assignment of zoning to certain properties; in the event those properties were
incorporated within the City; and
WHEREAS, on October 7, 2002, Ordinance No. 3572, effectively annexed
certain real property to the City of Pasco; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO
ORDAIN AS FOLLOWS:
Section 1. That the following described areas, situated in Franklin
County, Washington to-wit:
The northwest quarter of Section 10, Township 9 North, Range 29
East, W. M. except the southerly 165 feet thereof, Franklin County,
Washington;
as depicted in the map attached hereto and labeled Exhibit No. "1" be and the
same are hereby assigned R-1 ( Low Density Residential) zoning.
Section 2. That the assigned zoning classification as provided in Section
I is contingent, and conditioned upon execution and compliance with a
Concomitant Agreement entered into between the property owner 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 any and all zoning maps be and the same are hereby
amended to conform to the aforesaid assignment of zoning.
Section 4. This ordinance shall be in full force and effect on October 31,
2002.
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PASCO CITY OF ORD 23.00 Franklin Co, WA
PASSED by the City Council of the City of Pasco at its regular meeting
this 7th day of October 2002.
Michael L. son, Mayor
ATTEST: APPROVED AS TO FORM:
Webster U. Jacks , City Clerk Leland B. Kerr, City Attorney
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1613395
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10/18/2002 03:40P
PASCO CITY OF ORD 23.00 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-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
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PR6C0 CITY OF ORD 28,00 Franklin o? WA.40F Exhibit No. "2"
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 sq. ft.
2) The average lot size for the northern half of the property (see legal)
shall be at least 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 10, Township 9 North,
Range 29 East, W. M. except the southerly 165 feet
thereof, 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 abov - scribe p perty:
Owners:
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 execut9A the witlik and foregoing
instrument An the lines above their/her typed names #nd acknowledged they/she
signed the U- as their/ e3� free and voluntary act and deed for the uses and
purposes the 4i ned.
��p A C. S/
G' 4 ti hand an official seal of Y day of
2002,
f s�►c
G�wASH�N4 tart' Public in and for the State
of Washington, residing at
CONCOMITANT ZONING AGREEMENT PAGE 2 OF 2