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
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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:
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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
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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 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