HomeMy WebLinkAbout4249 Ordinance ORDINANCE NO. 142.41
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,AMENDING THE
ZONING CLASSIFICATION OF TRACT"B", CHAPEL HILL PHASE 5,FROM R-1
(LOW DENSITY RESIDENTIAL) 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; and 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 to R-1 (Low Density Residential)to R-3 (Medium-Density Residential) for
the real property as shown in the Exhibit"1"attached hereto and described as follows:
Tract"B", Chapel Hill Phase 5 less that portion deeded to the City of
Pasco for road right-of-way, and less that portion southerly of the
projected north line of Lot 9, Chapel Hill Phase 5.
Section 2. That the change of the zoning classification as provided in Section 1 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 "1".
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, Washington, and approved as
provided by law this 16th day of November 2015.
Matt Watkins
Mayor
ATTEST: APPROVED AS TO FORM:
____c____a_ ,,,___)ik._____--- ,
Dc era . Clark, City Cler ( Leland B. Kerr, City Attorney
1
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EXHIBIT#1
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:
Chapel Hill Phase 5,Tract B,less that portion dedicated for
Chapel Hill Boulevard right-of-way and less that portion
southerly of the easterly projection of the north line of Lot 9,
Chapel Hill Phase 5
(Parcel# 117470153)
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 5 of this agreement.
3. The terms set forth in Section 5 of this agreement shall appear as conditions on the both
the preliminary plat and the subsequent final plat.
4. 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 2
Concomitant Agreement(MF#Z2015-002)
5. Conditions:
a) Each lot shall be no less than 6,000 square feet in area;
b) No more than one dwelling unit shall be permitted on each lot;
c) Envision Homes LLC or successors shall install a landscaping buffer adjacent to the
south property lines of each lot. At minimum the landscaping buffer on each lot shall
contain two trees meeting the requirements of PMC 25.75.080 at the time of planting;
d) Envision Homes LLC or successors shall provide a geo-technical report prepared by a
professional engineer or licensed architect analyzing the slope stability of the site and
providing site-specific recommendations of appropriate methods for long-term slope
stabilization;
e) Envision Homes LLC or successors shall install soil retention features as
recommended in the geo-technical report referenced in condition (d) above prior to
receiving certificates of occupancy for homes constructed on the respective parcel;
f) Trees required in (c) above shall be installed within fifteen feet of the rear property
lines of each lot. Said trees shall be subject to maintenance at a minimum mature tree
height of approximately twenty (21 . 'rty (30)feet by the property owner.
The person(s) whose names are subsc bed heiin do hereby c i y that they are the sole
holders of fee simple interest in the above-des.ribed prope ,,.:r ar
Owner: �.•"-""
STATE OF WASHINGTON)
)ss.
County of Pratildin _y )
iST
On this 2,1 day of (*Ob , 2015, before me, the undersigned,
dulx commissioned and sworn, personally appeared 0.1,0& '"tYl
Ot.)p 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 th•is 2 day of
CecrYce'(2-'. , 2015.
RACHEL ROUPE Notary Public in and for the State of Washington,
Notary Public residing at "'Ck'Ve ,
State of Washington
My Commission Expires
July 17, 2018
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Page 2 of 2
Concomitant Agreement(MF#22015-002)