HomeMy WebLinkAbout3904 Ordinance - Recorded FRANKLIN COUNTY RECORDING
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Zona G.Lenhart.Auditor,Franklin County,WA.
NAME AND RETURN ADDRESS: AFN#1729232 Recorded o112112009 at 03A7 PM
C 17Y 0 PASC O,1AiA- INtaaTC}.� DocType:ORDIN s Pages)Filing instrument$47.04
:ATTAj- UTY P LANK C F— Recorded at the request of:PASCO CITY OF
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FORM COMPLETED BY: PHONE#
PLEASE PRINT OR TYPE INFORMATION:
DOCUMENT TITLEJ,S) (or transaction contained therein)
1. 09PINANCE
2.
3.
GRANTOR(S) (Last name, first name, middle name/initials):
1. C t-ry OF ?!sc_u
2.
3.
4.
❑ Additional names on page of document
GRANTEE(S)(Last name, first name, middle name/initials):
1. �v Ii l-t L
2.
3.
4.
❑ Additional names on page of document
LEGAL DESCRIPTION (Abbreviated: ie.lot, block, plat or section, township, range)
t_0-T `. - , OAK E-3TAT�E S
❑ Additional legal is on page of document
AUDITOR'S REFERENCE NUMBER(S)
ASSESSOR'S PROPERTY TAX PARCEL NUMBER
❑ Additional parcel numbers on page of document
The Auditor/Recorder will rely on the information provided on this form. The staff will not read the
document to verify the accuracy or completeness of the indexing information
EMERGENCY NONSTANDARD REQUEST
I am requesting an emergency nonstandard recording for an additional fee of$50.00 as provided in
RCW 36.18.010. 1 understand that the recording processing requirements may cover up or otherwise
obscure soDW part of t4W text of the riginal document.
I- z1- P
Signature Date
ORDINANCE NO. ��
AN ORDINANCE of the City of Pasco, Washington, Amending the Zoning Classification of
Lot 1, Oak Estates, from R-S-12 (Suburban Residential) to C-1 (Retail Business) 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 to R-S-12
(Suburban Residential) to C-1 Retail Business) for the real property as shown in the Exhibit "1"
attached hereto and described as follows:
Lot 1,Oak Estates
Section 2. That the change of the zoning classification as provided in Section i 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 5`h day of January 2009.
J • e O on
.'or
ATTEST: APPROVED AS TO FORM:
�a n n
Sandy Ke rthy, Deputy CI Clerk Leland B. Kerr, City Attorney
Vicinity Item: Rezone - R-S- 12 to Gl
Applicant: Ron Oak x
Map File # : Z 08-005
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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:
Lot 1, Oak Estates # 3172(Parcel#'s 118-352-270)
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.
4. Conditions:
A. Taverns, Membership Clubs (meaning or limited to fraternal
organizations such as the VFW, the Moose, the Elks etc.), Billiard/Pool
Halls, Amusement Game Centers, Automotive Repair, Auto and similar
sales, Card Rooms/Bingo Parlors, Dance Halls and similar establishments,
upholstery shops are prohibited
B. Buildings and signs shall be limited to a height of 35 feet.
C. Outdoor lighting and sign lighting shall be designed to limit secondary
effects on neighboring properties. Back lit fascias, parapet walls, fuel
island canopies and building walls shall be prohibited.
The person(s) whose names are subscribed herein do hereby certify that they are the
sole holders of fee simple interest in the ab �bed property
Owner:
STATE OF WASHINGTON)
) ss.
County of Franklin )
On this V) day of 0.909 f 2008, before me,
the undersigned, duly commissioned and sworn, personally appeared
QADI Oa'r— 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
he/she/they signed the same as his/her/their free and voluntary act and deed,
for the uses and purposes therein mentioned, and on oath stated that
he/she/they is/are authorized to execute the said instrument.
GIVF,N under by hand and official seal this Zq day of
0 Corn 2,V , 2008.
F ry Pnblia Notary Pub is in and for the State,Washington „ / /���,(R. PITMAN of Washington, residing at W kf SSION EXPIRES
tM 2011
CONCOMITANT ZONING AGREEMENTPAGE 2 OF 3