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Home My WebLink About3650 Ordinance - Recorded 1638372 Page: 1 of 6 01/06/2004 09:41A PASCO CITY OF ORDIN 21.00 Franklin Co, WA ORDINANCE NO. -34e5O AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED IN THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 9 NORTH, RANGE 29 EAST FROM R-T (RESIDENTIAL TRANSITION) TO R-S-1 (SUBURBAN 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 Transtion) to R-S-1 (Suburban Residential) for the real property as shown in the Exhibit "I" attached hereto and described as follows: The North 482.75 feet of the East 482.75 feet of Section 15, Township 9 North, Range 29 East W.M 1638372 Page: 2 of 6 01/06/2004 09:41A PASCO CITY OF ORDIN 24.00 Franklin Co. WA 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. «T, 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 5th day of January 2004. 2�1G¢vl,. Michael L. darrison Mayor ATTEST: APPROV S TO FORM: Sandy L. lonworthy Leland B. Kerr Deputy City Clerk City Attorney Exhibit " 1 " Rezone Ord . 3�aS6 i , , SITE E- A U i HILLTOP DR w 16538372 A Page: 3 of 6 01/06/2004 09:41A ; PASCO CITY OF ORDIN 24.00 Franklin Co, WA 1638372 Page: 4 of 6 01/06/2004 09:41A PASCO CITY OF ORDIN 24.00 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.G.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-8-1 (Suburban 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. 16538372 Page: 5 of 6 01/06/2004 09:41A PASCO CITY OF ORDIN 24.00 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. Development shall comply with the following requirements: 1) No lot utilized for residential purposed shall be allowed direct access to Burden Boulevard. 2) The developer shall be responsible for installing landscaping in the unimproved right-of-way on Burden Boulevard. This landscaping will consist of lawn and Aristocrat Pear trees or approved equal. The Pear trees shall be spaced at 50-foot intervals. This landscaping must include an irrigation system. All landscape plans shall be reviewed and approved by the Parks Department prior to installation. 3) Prior to the completion of any lot abutting Burden Boulevard utilized for residential purposes the developer shall install fencing to separate the lot(s) from Burden Boulevard. Said fencing shall be an Estate type fence 5 to 6-ft in height. The fencing must be approved by the City prior to installation. The City may make repairs or replace the fencing as needed. Property owners adjoining said fence shall be responsible for payment of all costs associated with maintenance and upkeep. These fencing requirements shall be noted clearly on the face of any short plat(s) or final plat (s). 5. Legal Description: The North 482.75 feet of the East 482.75 feet of Section 15, Township 9 North, Range 29 East W.M. 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. / l Owner: Fir-: tcl,,4�`r Ay;,j. jc;e-,,-st tozsCo Wig By: STATE OF WASHINGTON) CONCOMITANT ZONING AGREEMENTPAGE 2 OF 3 ss. 1638372 County of Franklin Page: 6 of 6 `� PASCO CITY OF ORDIN 24.00 Franklin o, 'WA;41A On t is day personally appeared before me Y t atqo k 4--y- to me known to be the Lf -e 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 5 day of 200�� A 5Yit Notary Public in and for he State IR. PIT,y of Washington, residing at �L��c�10M apTARy N� Pue1-%C*ao �O 9� T F OF WA CONCOMITANT ZONING AGREEMENTPAGE 3 OF 3