HomeMy WebLinkAbout4224 Ordinance - RecordedWHEN RECORDED PLEASE RETURN TO:
City of Pasco
Attn: City Planner
525 North 3`d
Pasco, WA 99301
ORDINANCE NO. cZZ
AFN # 1830487 ORD
06/16/2015 09:55 AM
5 Page(s) $76.00
Matt Beaton, Auditor
Franklin Co.. WA
AN ORDINANCE of the City of Pasco, Washington, assigning zoning to certain real property within
the City of Pasco.
WHEREAS, on May 21, 2015, the Planning Commission of the City of Pasco concluded a public
hearing and develop a recommendation for the assignment of zoning to certain property; in the event the
property was incorporated within the City; and
WHEREAS, on June 15, 2015, Ordinance No. q7_73 , effectively annexed certain real
property to the City of Pasco; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS
FOLLOWS:
Section 1. That the following described area, situated in Franklin County, Washington to -wit:
The south half of the southeast quarter of the southeast quarter of Section 6, Township 9
North, Range 29 East, W.M. Franklin County, Washington; except that portion dedicated
for County Roads
as depicted in the map attached hereto and labeled Exhibit No. "1" be and the same is hereby assigned R-
1 (Low Density Residential) zoning.
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. That the following described area, situated in Franklin County, Washington to -wit:
The north half of the southeast quarter of the southeast quarter of Section 6, Township 9
North, Range 29 East, W.M. Franklin County, Washington; except that portion dedicated
for County Roads
as depicted in the map attached hereto and labeled Exhibit No. "1" be and the same is hereby assigned
RS -1 (Suburban Residential) zoning.
Section 4. That any and all zoning maps be and the same are hereby amended to conform to the
aforesaid assignment of zoning.
Section 5. This ordinance shall be in full force and effect on July 1, 2015.
PASSED by the City Council of the City of Pasco this 15`s day of June, 2015.
Matt Watkins, Mayor
A ES
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Ott.. Ula.k, City er
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APPR AS TO FORM:
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Le B. Ken, City Attorney
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:
The south half of the southeast quarter of the southeast quarter of Section 6,
Township 9 North, Range 29 East, W.M. Franklin County, Washington;
except that portion dedicated for County Roads
(Parcel # 115180064)
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-1 (Low
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.
CONCOMITANT ZONING AGREEMENT PAGE I OF 2
4. Conditions:
Exhibit #2
A. The minimum lot size shall not be less than 8,500 square 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:
4
Owner: AvU,au,_, -- "
STATE OF WASHINGTON)
) ss.
County of Franklin
On this ?— day of �. e_ 2015, before me, the
undersigned, duly commissioned and sworn, personally appeared
A rj,o-� S Qn wyYy A 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 '6 day of
�2 , 2015. �1
M
icgton Notary Public in and for the State
ANKSEXPIRES of Washington, residing at Pooe,
16
CONCOMITANT ZONING AGREEMENT PAGE 2 OF 2