HomeMy WebLinkAbout4095 Ordinance WHEN RECORDED, PLEASE RETURN TO:
City of Pasco
Attn: City Planner
525 N. Third Avenue
Pasco, WA 99301
ORDINANCE NO. q 64 S
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 COMMERCIAL)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 City Council held one or more closed record hearings to consider the Planning
Commission recommendations;and,
WHEREAS,the City Council considered the following facts:
1. The general neighborhood on North Charles Avenue consists of single-story, single-family homes
not exceeding 16 feet in height;
2. R-3 zoning permits the development multi-story apartment structures up to 35 feet in height;
3. R-3 zoning would permit the development of 35-foot tall apartments within 20 feet of Charles
Avenue;
4. The bulk and scale of 35-foot tall apartments within 20 feet of Charles Avenue would not be
consistent with the scale and character of existing development within the neighborhood;
5. Without limitations on the scale and bulk of apartment structures said structures could impact the
free movement of light and air through the neighborhood;
6. Without limitations on the scale and bulk of apartment structures the preservation of privacy and
the preservation neighborhood scale development may be lost;
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; and (C) to protect and preserve the residential character of the neighborhood
there is a need for a concomitant agreement to regulated the scale and bulk of development to ensure
consistency with the existing development patterns of the neighborhood;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"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 4th day of February,2013.
Matt Watkins,Mayor
AT1'ST APP'OVE D AS TO FORM:
De `Lar-`t City Clerk �° Leland 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 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:
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 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:
The following conditions apply to multi-family development:
a. No driveways or vehicular access shall be permitted to the property
from North Charles Street;
b. The maximum structure height permitted between the required
setback line (20 feet) along Charles Avenue and a point 40 feet back
from the Charles Avenue property line shall be 16 feet.
c. The maximum structure height permitted between 40 feet and 60 feet
back from the Charles Avenue property line shall be twenty-five
feet.
d. The maximum structure height permitted for any buildings more
than 60 feet back from the Charles Avenue property line shall be
thirty-five 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-describedg.Pviv7710Q.property:
Own �s-- _ L� c.k/ /J
STATE OF WASHINGTON)
)ss.
County of Frankhn
On this I y day of ,1 c-,„_ct , 2013, before me, the
undersigned, duly commissioned and Avorn, personally appeared
cA,as A t. . kk)e ate},. ���,, ��� �, to me known to be the
individual(s) described above and vho 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 9 y day of
. LAci l ,2013.
Notary Public in and for the State of Washington
Notary PublIa ► residing at \,10-\<-,n - ,
SUEANN M FREITAS My Commission expires: 2- 2-7 — i 5
1 My Appointment ent Expires Feb 27,2015