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 That Ordinance 4052 shall be and is hereby repealed in its entirety.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
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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 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 _
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