HomeMy WebLinkAbout3886 Ordinance - Recorded Zona G.Lenhart.Auditor,Franklin County.WA.
AFN#1727317 Recorded 1144MOS at 04:15 PM
DocType:ORDiN 4 Pages) Filing Instrument$45.00
WHEN RECORDED PLEASE RETURN TO: Recorded at the request of: PASCO CITY OF
City of Pasco
Attn: City Planner
525 North 3'
Pasco, WA 99301 Q
ORDINANCE NO. p
AN ORDINANCE of the City of Pasco, Washington, Amending the Zoning
Classification of Blocks 2 and 3 Freys Addition, from C-3 (General Business) to R-
3 (Medium 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 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-3 (General Business) to R-3 (Medium Density Residential) for the real property as shown
in the Exhibit"A" attached hereto and described as follows:
Blocks 2 and 3 Freys Addition together with adjoining vacated right-of-way
Section 2. That the change of the zoning classification as provided in Section 1 is
contingent, and conditioned upon the 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 3 day of November 2008.
4 Joy is
Ma
ATTEST: APPROVED AS TO FORM:
< n
Sandy Ken rthy, Deputy Cit Clerk Leland B. Kerr, City Attorney
Na NOTARY
"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:
Block 2 and 3 Freys Addition together with vacated streets and
alleys vacated by Ordinance#3172 (Parcel#'s 113-504-039,113-
503-101, 113-503-094, 113-503-076& 113-503-067)
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
(Medium 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.
a }
4. Conditions:
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,
the School District and the Port of Pasco.
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: -AO-1-7-A�,
STATE OF WASHINGTON)
�
County of O—TL,' )
On this day of L LCL 2008, before me,
the undersigned, duly commissioned and sworn, personally appeared
AD � to me known to be the
individual(s) described above and who executed the within and foregoing
instrument as an agent of the owner(s)of record, and acknowledged to me that
J�/she/they signed the same asSAer/their free and voluntary act and deed, for
the uses and purposes therein mentioned, and on oath stated that &she/they
is/are authorized to execute the said instrument.
GIVEN and official seal this day of
't
-"C Wo=ylPublic in and for the S e
is i t�
of Washington, residing at
CONCOMITANT ZONING AGREEMENTPAGE 2 OF 3