HomeMy WebLinkAbout3652 Ordinance - Recorded 1638373
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PASCO CITY OF ORDIN 24.00 Franklin Co, WA
ORDINANCE NO. 3 Ce S Z
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE
ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED IN THE
SOUTH HALF OF SECTION 8, TOWNSHIP 9 NORTH, RANGE 29 EAST FROM C-R
(REGIONAL COMMERCIAL) TO R-4 (HIGH 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 C-R
(Regional Commercial) to R-4 (High Density Residential) for the real property as shown in the
Exhibit"1" attached hereto and described as follows:
The south 679.19 feet of Lot 1 of a record survey recorded in volume 2 of surveys, at
page 731, being a portion of Lot 6, Binding Site Plan 98-2, lying in the south half of
1638373
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PASCO CITY OF ORDIN 24.00 Franklin Co, WA
Section 8,Township 9 north, Range 29 east, W.M., City of Pasco, Franklin County,
Washington, and described as follows:
Commencing at the southwest corner of said section 8; thence south 881 56' 43" east,
along the south line of said Section 8, for 1696.79 feet; thence north 00° 47' 08" east for
40.00 feet to the southwest corner of Lot 6, Binding Site Plan number 98-2, according to
the survey recorded under auditor's file number 551318, records of Franklin County,
Washington, and as amended by affidavit of correction recorded under auditor's file
number 1593888, records of Franklin County, Washington, and the true point of
beginning: Thence south 88°56' 43" east parallel to and 40 feet north of the south line of
said section 8, for 647.84 feet; thence north 00° 01' 53" west for 679.31 feet; thence
north 88° 56' 44" west 634.87 feet to the easterly line of that parcel deeded under
auditor's file number 522239, records of Franklin County, Washington; thence south
01'03' 45" west, along the said easterly line 679.19 feet to the said 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.
44255
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.
r
Michael L. Garrison
Mayor
ATTEST: AP AS TO FORM:
Sandy L. enworthy Leland B. Kerr
Deputy City Clerk City Attorney
1638373 Exhibit "1
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PRSCO GITY OF ORDIN 24.09 Franklin Co, A
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1638373
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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.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-4 (High 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.
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PgSCO 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) Density shall be limited to no greater than 25 units per gross
acre;
2) Only two driveway approaches shall be allowed onto Chapel
Hill Boulevard. The driveway approaches must be spaced at
least 200 feet apart and may be no closer than 300 feet to
the intersection of Chapel Hill Boulevard and Suffolk Lane;
3) The site plan shall be reviewed and approved by the
Community Development Director;
4) A traffic mitigation impact fee of $150 per detached single
family dwelling unit and $100 per multi-family dwelling unit
shall be collected at the time of building permit issuance for
traffic mitigation measures.
S. Legal Description:
The south 679.19 feet of Lot 1 of a record survey recorded in volume 2
of surveys, at page 731, being a portion of Lot 6, Binding Site Plan 98-
2, lying in the south half of Section 8,Township 9 north, Range 29
east, W.M., City of Pasco, Franklin County, Washington, and
described as follows:
Commencing at the southwest corner of said section 8; thence south
880 56' 43" east, along the south line of said Section 8, for 1696.79
feet; thence north 00° 47' 08" east for 40.00 feet to the southwest
corner of Lot 6, Binding Site Plan number 98-2, according to the
survey recorded under auditor's file number 551318, records of
Franklin County, Washington, and as amended by affidavit of
correction recorded under auditor's file number 1593888, records of
Franklin County, Washington, and the true point of beginning:
Thence south 88°56' 43" east parallel to and 40 feet north of the
south line of said section 8, for 647.84 feet; thence north 00° 01' 53"
west for 679.31 feet; thence north 88° 56' 44" west 634.87 feet to the
easterly line of that parcel deeded under auditor's file number
522239, records of Franklin County, Washington; thence south 01'03'
45" west, along the said easterly line 679.19 feet to the said true point
of beginning.
CONCOMITANT ZONING AGREEMENTPAGE 2 OF 3
• ' 16538373
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PASCO CITY OF ORDIN 24.00 Franklin Co, WA
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: L it Lfi tc-tjg
STATE OF WASHINGTON)
) ss.
County of Franklin )
On this day personally appeared before me
to me known to
be the at -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 day of
Tan VQ rte- , 2004. ,
Notary Pu lic in and for the State
R. P1T,R1 of Washington, residing at __ YA_ .
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CONCOMITANT ZONING AGREEMENTPAGE 3 OF 3