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HomeMy WebLinkAbout3633 Ordinance - Recorded v 1636146 Page: 1 of 7 11/21/2003 11:42A PASCO CITY OF ORDIN 25.00 Franklin Co, VIA ORDINANCE NO.-3(o 33 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED IN THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 9 NORTH, RANGE 29 EAST FROM R-T (RESIDENTIAL TRANSITION) TO C-1 (RETAIL BUSINESS) AND 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 RT (Residential Transition) to R-1 (Low Density Residential) for the real property as shown in the Exhibit"1" attached hereto and described as follows: 1636146 Page: 2 of 7 11/21/2003 11:42A PASCo CITY OF ORDIN 25.00 Franklin Co. WA 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 USA 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°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, 352.17 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. 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 "1" attached hereto and described as follows: Beginning at the Northeast corner of the Northeast quarter of said Section 17; Thence South 01'13'02" West, along the East line of the Northeast quarter of said Section 17, for a distance of 339.01 feet; Thence leaving the East line of the Northeast quarter of said Section 17, North 66157'18" West, 798.11 feet; Thence Northwesterly, along the arc of a 340.00 foot radius curve to the left, through a central angle of 22°43'23" for an arc distance of 134.84 feet to a point on the North line of the Northeast quarter of said Section 17, said point bears North 89°57'34" West, 872.81 feet from the Northeast corner thereof, Thence South 89°57'34" East, 872.81 feet to the point of beginning. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this 3rd day of November 2003. 1636146 Page: 3 of 7 Michael L. arrison 1111111 111111/21/2003 11:42A Mayor PASCO CITY OF ORDIN 25.00 Franklin Co. WA ATTEST: APPROVED AS TO FORM: W Sandy L. enworthy Leland B' Kerr Deputy City Clerk City Attorney 1636146 Page: 4 of 7 11/2112003 11:42A PASCO CITY OF ORDIN 25.00 Franklin Cc, WA Exhibit # I M Rezone Ord . # > j c9 FUR PARKWAY ffiQY / FF� T om 0 m C"A111-"Ll 80,41". 0 0 Ile 1636146 Page: 5 of 7 EXHIBIT #2 11/2112003 11:42A PASCO CITY OF ORPIN 25.00 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: I. 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. 1636146 Page: 6 of 7 EXHIBIT #2 11/21/2003 11:42A PASCO CITY OF ORDIN 25.00 Franklin Co, WA 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-five (65) percent of the lots developed on the site shall be at least 8,200 square feet in size. 5. Legal 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 USA by deed recorded under Auditor's File No. 349041 records of Franklin County, Washington; thence South 01 017'30" 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, 352.17 feet to the 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. 0wner:,ejwzc LL'g �sf•�r� C'c .�c� 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. CONCOMITANT ZONING AGREEMENTPAGE 2 OF 3 1636146 EXMIT #2 Page: 7 of 7 11111111111111111111111/21/2003 11:42A PASCO CITY OF 4RDIN 25.00 Franklin Co; WA Given under my hand and official seal this 3%ST day of 2003. �•`�og �ss�oNs�'�. Notary Public in and for the State �?=cj�apTgR` S' of shington, re sidin at jOcB0 / q s CONCOMITANT ZONING AGREEWNTPAGE 3 OF 3