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HomeMy WebLinkAbout3904 Ordinance - Recorded FRANKLIN COUNTY RECORDING COVER SHEET 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 f A5c o, in; c1 t 3 o i 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 � o I� I o ', al DI O � fpm , ARGENT RD SITE1 �- - 0 "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