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HomeMy WebLinkAbout3577 Ordinance ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, Amending the Zoning Classification of Certain Real Property Located in the northwest quarter of Section 17, Township 9 North, Range 29 East from R-T (Residential Transition) and C-1 (Retail Business) to R-1 (Low Density Residential) with a concomitant agreement. 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) and C-1 (Retail Business) to R- 1 (Low Density Residential) for the real property as shown in the Exhibit "1" attached hereto and described as follows: A parcel of land in the Northwest quarter of Section 17, Township 9 North, Range 29 East, Williamette Meridian, records of Franklin County, Washington, more particularly described as follows: Beginning at the Northwest corner of said Section 17; thence South 89°57'30" East, along the North lien of the Northwest quarter of said section 50.01 feet, to the easterly right-of-way lien of Road 100, said point being the TRUE POINT OF BEGINNING; thence continuing South, 89°57'30" East along the North line of the Northwest quarter of said Section 17, for a distance of 2345.40 feet, to the Easterly Right-of-way line of that a certain transmission line easement line easement conveyed to the United State of America by deed recorded under Auditor's File No. 349041 records of Franklin County, Washington; thence South 01017'30" West, along the Easterly Right-of-Way line of said transmission line easement, 1571.87 feet to and angle point therein; thence South 13'11'20" East, along the Easterly Right-of-Way line of said transmission line easement, 430.81 feet to the Northerly Right-of-Way line of the Franklin County irrigation canal; thence along the Northerly Right-of-Way line of the Franklin County, irrigation canal, the following courses and distances; thence North 73'17'42" West, 352.18 feet; Thence along the arc of a 143.24 foot radius curve to the right through a central angle of 23°09'46" for an arc distance of 57.91 feet; Thence North 50°07'56" West, 160.21 feet; Thence along the arc of a 114.59 foot radius curve to the left through a central angle of 24°47'30" for an arc distance of 49.58 feet; Thence North 74°55'26" West, 231.92 feet; Thence along the arc of a 572.96 foot radius curve to the right through a central angle of 08°2841" for an arc distance of 84.95 feet; Thence North 66°2545" West, 144.86 feet; Thence along the arc of a 190.98 foot radius curve to the right through central angle of 22°57'19" for an arc distance of 76.52 feet; Thence North 45°28'26" West, 129.45 feet; Thence along the arc of a 143.24 foot radius curve to the left through a central angle of 30°47'27" for an arc distance of 77.02 feet; Thence North 74'16'53" West, 159.15 feet; Thence along the arc of a 572.96 radius to the right through a central angle of 06°21'25" for an arc distance of 63.60 feet; Thence North 67°35'18" West, 381.28 feet; Thence along the arc of a 143.24 foot radius curve to the left through a central angle of 170'10'21" for an ach distance of 42.93 feet; Thence North 85°05'38" West, 40.67 feet; Thence along the are of a 4098.25 foot radius curve to the right through a central angle of 23°28'56" for an arc distance of 167.73 feet; Thence North 61"36'43" West, 128 feet; Thence along the arc of a 71.62 foot radios curve to the left through a central angle of 72°12'18" for an arc distance of 90.26 feet; Thence South 46°10'59" West, 97.71 feet; Thence along the are of a 68.21 foot radius curve to the left through a central angle of 32'11'27" for an arc distance of 38.32 feet; Thence South 78°22'26" West, 91.67 feet; Thence along the arc of a 204.62 foot radius curve to the right through a central angle of 09°03'42" for an arc distance of 32.36 feet, to the Easterly Right-of- Way line of Road 100; Thence North 01°25'59" East along the Easterly Right-of-Way line of said Road 100, for a distance of 1205.78 feet to the TRUE 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, Washington, and approved as provided by law this 4th day of November 2002. Michael L. Garrison Mayor ATTEST: APP OVE AS TO FORM: Catherine D. Seaman Leland B. Kerr Deputy City Clerk City Attorney Exhibit # "1 " Rezone Ord. # 35-77 s UWXFUR PAW"Y 1-1u SITE g EXHIBIT #2 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. 2. The Owner(s) agrees to perform the terms set forth in Section 4 of this agreement. EXHIBIT #2 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. At least sixty (60) percent of the lots developed on the site shall be at least 8,200 square feet in size. S. Lep-al Description: Beginning at the Northwest corner of said Section 17; thence South 89°57'30" East, along the North lien of the Northwest quarter of said section 50.01 feet, to the easterly right-of-way lien of Road 100, said point being the TRUE POINT OF BEGINNING; thence continuing South, 89°57'30" East along the North line of the Northwest quarter of said Section 17, for a distance of 2345.40 feet, to the Easterly Right-of-way line of that a certain transmission line easement line easement conveyed to the United State of America by deed recorded under Auditor's File No. 349041 records of Franklin County, Washington; thence South 01'17'30" West, along the Easterly Right-of-Way line of said transmission line easement, 1571.87 feet to and angle point therein; thence South 13'1 V20" East, along the Easterly Right-of-Way line of said transmission line easement, 430.81 feet to the Northerly Right-of-Way line of the Franklin County irrigation canal; thence along the Northerly Right-of-Way line of the Franklin County, irrigation canal, the following courses and distances; thence North 73'17'42" West, 352.18 feet; Thence along the arc of a 143.24 foot radius curve to the right through a central angle of 23°09'46" for an arc distance of 57.91 feet; Thence North 50°07'56" West, 160.21 feet; Thence along the arc of a 114.59 foot radius curve to the left through a central angle of 24°47'30" for an arc distance of 49.58 feet; Thence North 74°55'26" West, 231.92 feet; Thence along the arc of a 572.96 foot radius curve to the right through a central angle of 08°28'41" for an arc distance of 84.95 feet; Thence North 66°2545" West, 144.86 feet; Thence along the arc of a 190.98 foot radius curve to the right through central angle of 22°57'19" for an arc distance of 76.52 feet; Thence North 45°28'26" West, 129.45 feet; Thence along the arc of a 143.24 foot radius curve to the left through a central angle of 30°47'27" for an arc distance of 77.02 feet; Thence North 74'16'53" West, 159.15 feet; Thence along the arc of a 572.96 radius to the right through a central angle of 06°21'25" for an arc distance of 63.60 feet; Thence North 67°35'18" West, 381.28 feet; Thence along the arc of a 143.24 foot radius curve to the left through a central angle of 170'1021" for an ach distance of 42.93 feet; Thence North 85°05'38" West, 40.67 feet; Thence along the arc of a 4098.25 foot radius curve to the right through a central angle of 23°28'56" for an arc distance of 167.73 feet; Thence North 61'36'43" West, 128 feet; Thence along the arc of a 71:62 foot radios curve to the left through a central angle CONCOMITANT ZONING AGREEMENTPAGE 2 OF 3 EXHIBIT # 2 of 72'12'18" for an arc distance of 90.26 feet; Thence South 46'10'59" West, 97.71 feet; Thence along the arc of a 68.21 foot radius curve to the left through a central angle of 32'11'27" for an arc distance of 38.32 feet; Thence South 78°2226" West, 91.67 feet; Thence along the arc of a 204.62 foot radius curve to the right through a central angle of 09°03'42" for an arc distance of 32.36 feet, to the Easterly Right-of-Way line of Road 100; Thence North 01025'59" East along the Easterly Right-of-Way line of said Road 100, for a distance of 1205.78 feet to the TRUE POINT OF BEGINNING. The agent of the corporation whose name is subscribed herein does hereby certify that the corporation is the sole holder of fee simple interest in the above-described property. Owner: By: STATE OF WASHINGTON) ) ss. County of Franklin ) On this day personally appeared before me to me known to be the 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 he was authorized to execute said instrument. Given under my hand and official seal this day of 2002. Notary Public in and for the State of Washington, residing at CONCOMITANT ZONING AGREEMENTPAGE 3 OF 3