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Home My WebLink About3692 Ordinance ORDINANCE NO. 3 2-� AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED IN THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 9 NORTH, RANGE 29 EAST FROM C-1 (RETAIL BUSINESS) TO R-3 (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, 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: Lots 1 & 2, Short Plat 80-11 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 7'h day of September 2004. Michael L. Garrison Mayor ATTEST: APPR TO FORM: Sandy L. lynworthy Leland B. Kerr Deputy City Clerk City Attorney Exhibit # "1 " Rezone Ord. # Z W. MARIE ST W. OCTAVE ST cQ Fz c%l W. OCTAVE ST � z z W. HENRY ST W. HENRY ST W. HENRY ST HENRY PL W. MARGARET ST ,SIfiE W. PARK ST W. PARK ST W. PARK ST i d F � i C W. NIXON ST C z cQ z x H 0 Z W. SYLVESTER ST W. SYLVESTER ST I L 1650732 Page: 2 of 3 09/13/2004 11:52A PASCO CITY OF AGREE 21.00 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-3 (High Density Residential) and in consideration of that event should it occur, provided there is no successful third party appeal of that rezone, then 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 and the rezone is not successfully appealed by a third party. 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. y r 1650732 Page: 3 of 3 ` 08/13/2004 11:52A PASCO CITY OF AGREE 21.0Q Franklin Co, W 4. Conditions: __. A. Development shall comply with the following requirements: 1) Any and all development associated with this site (1 & 2 Short Plat 80-11) shall consist of no more than 51 dwelling units; 2) Any and all development located wholly or partially on this site shall be subject to payment of property taxes or a PILOT (payment in lieu of taxes) equal to the respective levees for the City, Franklin County and the School District. 5. Legal Description: Lots 1 as delineated on Short Plat No. 80-11, recorded under Auditor's Recording No. 401431, records of Franklin County, Washington. Lot 2 as delineated on Short Plat No. 80-11, recorded under Auditor's Recording No. 401431, records of Franklin County, Washington, TOGETHER WITH that portion of Vacated Park Street as Recorded April 21, 1981, Recording No. 409908, City of Pasco Ordinance No. 2260. The undersigned hereby certify that they are the sole holders of fee simple interest in the above-described property. Owner: J e W. Uhler By: Owner: Th 2nd Street Joint Venture Bye iL � James W. Uhler State of Washington ) �, ss: County of Franklin r` On this 31 s' day of A16 ds , 2��` , before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ^1,iME5 to me known to be the individual described in and who executed the within and 17H__4c-�2- foregoing instrument, and acknowledged that he/she signed said instrument the same as his/her free and voluntary act, for the uses and purposes therein mentioned. WITNESS hand and official seal hereto affixed the day and year first above written. &,1,,� �NPTA.My ?� otary Public in and for the State of CA w • : p " Washington, residing at WA � CONCOMITANT ZONING AGREEMENTPAGE 2 OF 2