HomeMy WebLinkAbout3579 Ordinance ORDINANCE NO /
AN ORDINANCE of the City of Pasco, Washington, Amending the
Zoning Classification of Certain Real Property
Located in southeast quarter of Section 24, Township
9 North, Range 29 East, W.M., from R-1 ((Low Density
Residential) to R-2 (Medium 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, 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 R-1 (Low Density Residential) to R-2 (Medium
Density Residential) for the real property as shown in the Exhibit "1" attached
hereto and described as follows:
That portion of vacated plat of Headlight Addition, according to plat
thereof recorded in Volume "B" of plats, Page 26, lying within southeast
quarter of Section 24, Township 9 North, Range 29 East, W.M., Franklin
County, Washington, and lying southeasterly of State Highway No. 3 and
northerly and westerly of the following described line: Beginning at
southwest corner of Lot 25, Block 24, of said Headlight Addition, thence
east along south line of said Lot 25 and south line of Lot 8 said Block 24
extended 400 feet; thence south parallel with west line of said Block 24
to the centerline of Ella Street in said addition; thence east along said
centerline of Ella Street 588 feet; thence north at right angles to said
centerline 70 feet; thence east parallel with centerline of said Ella Street
to centerline of Sylvan Street in said addition; thence north along aid
centerline of Sylvan Street to south line of said State Highway No. 3
right-of-way and point of terminus of said line, records of Franklin
County, State of Washington; except the north 125 feet of south 255 feet
of east 125 feet of east 125 feet thereof together with that portion of
vacated Headlight Addition to Pasco lying south of 1-182; east of State
route 395; west of 24th Avenue and north of the above described
property.
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.
n,
Michael L. 6a,r1rison
Mayor
ATTEST: / APPRO D A TO FORM:
Catherine D. Seaman Leland B. Kerr
Deputy City Clerk City Attorney
Exhibit # "]"
Rezone Ord.
US - 395
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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-2
(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.
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:
1) No more than 47 dwelling units are permitted;
2) Only one dwelling unit is permitted per platted lot;
5. Legal Description:
That portion of vacated plat of Headlight Addition, according to plat
thereof recorded in Volume "B" of plats, Page 26, lying within southeast
quarter of Section 24, Township 9 North, Range 29 East, W.M., Franklin
County, Washington, and lying southeasterly of State Highway No. 3 and
northerly and westerly of the following described line: Beginning at
southwest corner of Lot 25, Block 24, of said Headlight Addition, thence
east along south line of said Lot 25 and south line of Lot 8 said Block 24
extended 400 feet; thence south parallel with west line of said Block 24
to the centerline of Ella Street in said addition; thence east along said
centerline of Ella Street 588 feet; thence north at right angles to said
centerline 70 feet; thence east parallel with centerline of said Ella Street
to centerline of Sylvan Street in said addition; thence north along aid
centerline of Sylvan Street to south line of said State Highway No. 3
right-of-way and point of terminus of said line, records of Franklin
County, State of Washington; except the north 125 feet of south 255 feet
of east 125 feet of east 125 feet thereof together with that portion of
vacated Headlight Addition to Pasco lying south of I-182; east of State
route 395; west of 24th Avenue and north of the above described
property.
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:
Owner:
Signature:
STATE OF WASHINGTON)
) ss.
County of Franklin)
On this day personally appeared before me to me
known to be the of the partnership 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 of day of , 2002.
Notary Public in and for the State
of Washington, residing at
CONCOMITANT ZONING AGREEMENT PAGE 2 OF 2