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Home My WebLink About3696 Ordinance - Recorded I 1655107 Page: 1 of 6 12/10/2004 03:46P PASCO CITY OF ORDIN 24.00 Franklin Co, WA ORDINANCE NO.3696 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED IN THE EAST HALF OF SECTION 15, TOWNSHIP 9 NORTH, RANGE 29 EAST FROM R-T (RESIDENTIAL TRANSITION) TO R-1 (LOW DENSITY RESIDENTIAL . 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 municipal infrastructure is available to the neighborhood. There has also been a shifted from agricultural functions to residential within 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-T (Residential Transition) to R-1 (Low Density Residential) for the real property as shown in the Exhibit"1"attached hereto and described as follows: The east half of Section 15, Township 9 North, Range 29 East W.M. lying north of Interstate 182 Except the north 466.70 feet of the west 466.70 feet thereof and Except the east 482.75 feet of the north 482.75 feet thereof. 1655107 Page: 2 of 6 12/10/2004 03:46P PRSCO 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. "2". Section 3. This ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provide y law this 1sl day of November 2004. ' r ichael L. Garrison Mayor ATTEST: APPROVED AS TO FORM: Sandy L. K n orthy Leland B. Kerr Deputy City Clerk City Attorney • 1 w t#■iiilli a� .';� /Iiilillllll1111 �� ■■llffl 11111111111111111 ; . ■now : !■■!►,� ■■■' /111Nf■1■■!■11!! " i M■ i� 1111 ■ ■■MEMO f ■■■■# •� ar ■ �■ ■ ■■■■■■ mail OMEN moll �� +► #Eli■!il■■!1■Eli r-■ t■ ■■ �r� ♦� ■ ■■■■■ll►�� a�i%Lllllll il1111lrltl\�:■ �■ ■; I♦� : i''iiii /■■1lsn■/ s■ ww ■. .■ IN IN ■ ■D ■= f : :■■ dI I Ind■■ :: MEN i ■ : n■E■■Ends■ ■■■o■■■Emmons ■ ■■■■■■■■■ ■��1111�■■■■ AREA old men WITH ■■■■o■■■IE�s ■.■■ ■ .■ ■�� !w .w �� fin ■■ CONCOMITANT ■ .■ ■► �1► ■� ■. AGREEMENT i • i �I ■; ;�; � ■ ■ 11111111111 \ ■��■ 11 IIIIIIIIII: :■ � �■ '� �� .1■11111111111111 r .. ■•..r r ■ ■ 0. ��oil :111111111 111111 1655107 of P2 g 0/20 03G-.46P "Exhibit # 2" PASCO CI?Y 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-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: 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) The minimum lot size shall be 10,000 square feet; 2) The minimum side yard shall be ten feet; 1655107 Page: 5 of 6 12/10/2004 03:46P PASCO CITY OF ORDIN 24.00 Franklin Co, WA 3) Side yards for accessory structures may be 5 feet provided the accessory structure is located behind the rear building line; 4) The storage of recreational equipment as listed in PMC 25.78.140 shall only be stored within a side or rear yard. 5. Legal Description_ The east 2,150 feet of the east half of Section 15, Township 9 North, Range 29 East W.M. lying north of Interstate 182 Except the north 466.70 feet of the west 466.70 feet thereof and Except the east 482.75 feet of the north 482.75 feet thereof. 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: Owners: U STATE OF WASHINGTON) ) ss. County of Franklin ) On this day personally appeared before me Frank Tiegs and Janet Tiegs to me known to be the individual(s) who executed the within and foregoing instrument on the lines above their/his typed names and acknowledged they/he signed the instrument as their/his free and voluntary act and deed for the uses and purposes therein mentioned. Given under my hand and official seal of 28th day of October _' 2004. it r , Notary Public in an f the St to of Washington, residing at Pasco 5V i C.� - r 0V CONCOMITANT ZONING AGREEMENTPAGE 2 OF 3 1655107 Page: 6 of 6 PASCO CITY OF OROIN 24.00 Fr2anklin Coo WR:46P STATE OF WASHINGTON COUNTY OF CLARK ) I hereby certify that I know or have satisfactory evidence that MELVIN S. AHO is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as the President of AHO CONSTRUCTION I, INC. to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated this �� day of C-1/0—-W , 2004. z.ol�R4` i Notary Public and for the State of Washington Residing at 7,rl a/-t U-e.1 be-IA" = o • My appointment expires /V14 �/� e9� '•Y15 200 • 2 .• ., F ••..:...•• ,gyp��. CONCOMITANT ZONING AGREEMENT PAGE 3 OF 3