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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 00, Ott.. Ula.k, City er -2- APPR AS TO FORM: e� 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