HomeMy WebLinkAbout4064 Ordinance - Failed 07.16.2012 1\„e\---
WHEN RECORDED, PLEASE RETURN TO: ,
City of Pasco
Attn: City Planner
525 N. Third Avenue
Pasco, WA 99301
ORDINANCE NO. 4-16 lQ
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,AMENDING THE ZONING
CLASSIFICATION OF PROPERTY LOCATED IN BLOCK 2 AND 3, WHITEHOUSE ADDITION FROM
R-1 (LOW DENSITY RESIDENTIAL)AND C-1 (RETAIL BUSINESS)TO R-3 (MEDIUM-DENSITY
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, the Planning Commission recommendation from the open record hearing of March
15, 2012 was reviewed by the City Council on May 7, 2012. On May 21, 2012 the City Council remanded the
matter to the Planning Commission for the purpose of addressing potential impacts of multi-story structures in
proximity to Charles Avenue and the potential impacts of the rezone on the Pasco School District; and,
WHEREAS, the Planning Commission held a remand hearing on June 21, 2012 and determined
the impacts of multi-story structures could be addressed by limiting the height of structures to 25 feet matching
the height limitation of the surrounding Low Density Residential zoning and that the school impact fee for new
residential development addressed the issue of impacts to the School District; and,
WHEREAS, the Planning Commission determined the effect of the requested change in zoning
classification would not be materially detrimental to the immediate vicinity if conditioned by restricting access
from Charles Avenue and limiting building heights to 25 feet; 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; 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 R-1 (Low Density
Residential) and C-1 (Retail Business) to R-3 (Medium-Density Residential) for the real property as shown in
the Exhibit No. "1"attached hereto and described as follows:
All of Block 3, Whitehouse Addition(parcel # 112071026)and Lots 11 to 17 Block 2,
and Lots 18 to 24 Block 2, Whitehouse Addition together with the adjacent vacated 10'of
Alvina Street(parcel # 112072098)
Section 2. That the change of a zoning classification as provided in Section 1 is contingent and
conditioned upon execution of 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 this 16th day of J 2012.
Matt Watkins, Mayor
ATTEST: 'PRO%) AS TO FORM:
Debra L. Clark, City Clerk -eland B. Kerr, City Attorney
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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 1
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 Owners) 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:
ALL of BLOCK 3,WHITEHOUSE ADDITION(Parcel# 112071026)and
LOTS 11 TO 17 BLOCK 2,and LOTS 18 TO 24 BLOCK 2,WHITEHOUSE
ADDITION TOGETHER WITH THE VACATED 10'OF ALVINA STREET
(Parcel# 112072098)
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 Owners) 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. No driveways or vehicular access shall be permitted from North Charles
Avenue.
b. Building heights shall be limited to 25 feet.
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:
own .4ke'id-a-ee---6 9.----
STATE OF WASHINGTON)
)ss.
County of Franklin )
On this 241 day of At,4hE , 2012, before me,
the undersigned, duly commissioned and sworn, personally appeared
`-i( e A- PeNnAt la g4.-c i 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 21 day of
, 2012.
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