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HomeMy WebLinkAbout4008 Ordinance - Recorded WHEN RECORDED,PLEASE RETURN TO: City of Pasco AFN#1766639 ORDIN Attn: City Planner 05/17/2091 03:43 IPM 525 N.Third Avenue 5 Page(S)$66.00 Pasco,WA99301 Ib1att Beaton,Auditor �� Fran_klin Co..WA ,+ ORDINANCE NO. AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE ZONING CLASSIFICATION OF LOT 2, SHORT PLAT 2008-09, FROM R-1 (LOW DENSITY RESIDENTIAL) TO R-2 (MEDIUM 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 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-1 (Low Density Residential) to R-2 (Medium Density) for the real property as shown in the Exhibit "1"attached hereto and described as follows: Lot 2, Short Plat 2008-09 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 16'x` day of May 2011. Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: bc'�" f 7V I ebra L. "lark, City ler 1�7 Leland B. Kerr, City Attorney Exhibit Item• Rezone - R- 1 to R-2 #1 Applicant: Vinh Pham x File #: Z 201 1 -003 M O Q SITE M WERNETT RD � o a N M JAY ST SEABROOK CT "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 2 Short Plat 2008-09 (Parcel # 119231029) 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-2 (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. Only 21 single-family low density residential lots will be permitted on the property; B. The average lot size shall be at least 8,400 square feet with no lot less than 8,000 square feet; C. No more than one dwelling unit is permitted per lot; D. Zero lot line dwellings must contain at least four separate architectural features on front and side elevations. Architectural features shall include but not be limited to the following: vertical siding, accent materials, (stone, brick, stucco, shingles and horizontal siding), dormers, cantilevers, cornices, bay windows and other fenestration, porches, and complementary contrasting paint colors; E. Front elevations of zero lot line dwellings must be articulated or otherwise constructed to provide a distinct identity for each dwelling. 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: Owner: STATE OF WASHINGTON ) ) ss. County of Franklin ) On this day of 2011, before me, the undersi ned, duly commissioned and sworn, personally appeared �fnrmt p6m 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. GIVEN under by hand and official seal this �# day of 12011. S. L. AC�LEXPIRES US NOTARY PUBLIC �of ot ublic in and for the S ate STATE OF WTON ashington, residing at COMMISSIOJANUARY 4 CONCOMITANT ZONING AGREEMENT PAGE 2 OF 2