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HomeMy WebLinkAbout4112 Ordinance WHEN RECORDED,PLEASE RETURN TO: City of Pasco Attn: City Planner 525 N. Third Avenue Pasco, WA 99301 ORDINANCE NO. 4-1/ /2 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, REPEALING ORDINANCE 4052 AND AMENDING THE ZONING CLASSIFICATION OF PROPERTY LOCATED AT THE 5900 BLOCK OF ROAD 90 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, 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; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That Ordinance 4052 shall be and is hereby repealed in its entirety. Section 2. 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 to R-3 (Medium-Density Residential) for the real property as shown in the Exhibit "1" attached hereto and described as follows: Lot 5, Cole's Estates Section 3. That the change of a zoning classification as provided in Section 2 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 2 above. Said Concomitant Agreement is attached to this Ordinance as Exhibit No. "2". Section 4. 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 15th day of July, 2013. /4//, /` Matt Watkins, Mayor A g ES,.,: APPR D AS TO FORM: ,Ol � 'h I era L. Clark, i' Clerk W Leland B. Kerr, City Attorney CC ROAD 84 0 0 W U ..4 ) 0 Z 0 E '~ 0_ • ”•1 H N _ . - 0 O 1 CA 0 W 0 I- cc I D m Q � 0 ..� 1 W 0 0 Z 0 F--� a F---I 1 a) 1 o 0 a Z I w o n- w +, 1 w _ I N o , , ss , " , P4 -, ,. N12l31SNIW1S3M \o M � N O � % Z 1 cd rz4 9j WESTMORLAND LN (i) p4 Ti O F,; O SOMERSET LN 0 / N w CO 1:4 J / U • • • • - 06 ad02i E �w cu � �T��T � ,a w I—I h-�- w 'Z U IO • '-j • 1 •i■I !i I Ni 1N3N r ■ Z6 CIVOU W ' J \ 10 1:01831-M I0 ilt rIIII "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 5,COLES ESTATES (Parcel#115391014) WHEREAS, the Owner(s) have indicated willingness to cooperate with the City of Pasco, its Planning Commission and Planning Department to ensure 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. Page 1 of 3 II "Exhibit# 2" 4. Conditions: a) No more than 58 residential units shall be permitted on the property. b) All residential units shall be single-family detached structures with two car garages. c) All residential structures shall be limited to single-story construction. d) No subsequent authorization, building permit or special permit shall be granted for residential structures greater than single-story construction. e) A clubhouse structure may be permitted but is not required. f) The exterior walls of all structures shall contain a mix of building materials including stucco, stone and/or brick. g) The architectural block wall along Road 90 shall be set back to the standard 20 foot setback line and treated with an anti-graffiti coating approved by the City of Pasco Community&Economic Development Director. h) The front yard setback area between the block wall and Road 90 must be landscaped and maintained to meet the residential standards of PMC 25.75 and contain at least 7 trees. i) A minimum setback of 15 feet shall be provided along the northern and eastern boundaries of the parcel. j) The property, including all structures, walls, fences, access roads, and common areas shall be developed and maintained in good order, and all landscaping shall be installed and maintained in a healthy and growing condition in perpetuity. k) The parcel may not be further subdivided. 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: /I , Owner: _A . wr STATE OF WASHINGTON) )ss. County of Franklin ) On this a 7 day of , 2013, before me, the undersigned, duly commission and sworn, personally appeared 14ona-Cd Gla. 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. Page 2 of 3 GIVEN under by hand and official seal this 27 day of tun i. ,2013. ____ ADS Notary blic in and for the State Notary public ` of Washington,residing at Pct. e_z Sate of Washings ;. j 1CRYSTLE L.SHANKS i MY COMMISSION EXPIRES i f 6. * * * * January 2018 _ Page 3 of 3