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Zona G. Lenhart,Auditor,Franklin County,WA.
AFN#1720766 Recorded 06/20/2406 at 12:40 PM
DocType: ORDIN 5 Page(s)Filing Instrument X6.00
Recorded at the request of: PASCO CITY OF
ORDINANCE NO. 32606
AN ORDINANCE of the City of Pasco, Washington, Amending the Zoning
Classification of Short Plat 2008-09, R-S-1 (Suburban Residential) to 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 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-S-1 (Suburban Residential) to R-1 (Low Density Residential) for the real property as
shown in the Exhibit"I"attached hereto and described as follows:
Short Plat 2008-09
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
provided by law this 5th day of May 2008.
j son
ATTEST: APPROVED AS TO FORM:
Sandy Ken y, Deputy City Clerk Leland B.Kerr , City Attorney
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MEMO
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"Exhibit # 2"
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:
Short Plat 2008-09
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:
The minimum lot size for all lots shall not be less than 8,000 square
feet.
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 prop 0 _
P
Owners:
STATE OF WASHINGTON)
) ss.
County of Franklin )
On this day personally appeared before me
r4 yJ 4n L (3 u u c y 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 as their/his free and voluntary act and deed
for the uses and purposes therein mentioned.
Given under my hand and o al seal of day of
92008.
Notary PU31!..: Notary Public in and for the tate
Mote o' wasp';.yo, of Washington, residing at VV-WA
JHOANNA
I= - - i My Appointment Exp res Juc 2 201 G
* * * *
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 prope
Owner:
STATE OF WASHINGTON)
) ss.
County of Franklin )
On this day personally appeared before me
Let rri 1 ,�,i r ��} to me known to be
the T 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 ,
2
Notary Public
State of wasnington No Public in and for the tate
JHOANNA R JONES of Washington,residing at V-.L'14 .
My Appointment Expires Jun 2, 2010
CONCOMITANT ZONING AGREEMENTPAGE 2 OF$�,Z