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Home My WebLink About4278 OrdinanceORDINANCE NO. L) 2.7 F' AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, REZONING A PARCEL OF LAND IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 9 NORTH, RANGE 29 EAST W.M., FROM R-1 (LOW- DENSITY DENSITY RESIDENTIAL) TO R-3 (MEDIUM -DENSITY RESIDENTIAL) WITH A CONCOMMITANT 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, during the open record hearing process the Planning Commission adopted findings supporting a change of zoning and that said findings contained within the Planning Commission staff report under Master File # 2015-006 are hereby adopted by the Pasco City Council; 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 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: That portion of the Southwest quarter of the Southwest quarter of Section 15, Township 9 North, Range 29 East, W.M., Franklin County, Washington, Lying Northerly of the Franklin County Irrigation District Canal and lying Southwesterly of a line described as follows: Beginning at the West quarter of Section 15; Thence South 01°27'06" West along the West line thereof, 1472.65 feet to the True Point of Beginning; Thence South 88°32'54" East 277.16 feet; Thence South 31°12'36" East 222.54 feet; Thence South 40°53'34" East 229.96 feet; Thence South 01°27'06" West 360.02 feet to the North right-of-way line of said canal and the terminus of said line. Except for the following described property; Beginning at the Northwest corner of Lot 39, Chapel Hill Division Two; Thence Westerly along the South line of Aintree Drive for a distance of 162 feet; Thence South 00°26 '40" West for a distance of 110 feet; Thence South 89033 157" East to the intersection with the West line of said Lot 39; Thence Northwesterly along the West line of said Lot 39 to the point of beginning. 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 '7% 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 this 4a' day of April, 2016. Matt Watkins, Mayor An�C_ Dkebr—AL. Clark, City Cler APPS TO FORM: Leland B. Kerr, 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: That portion of the Southwest quarter of the Southwest quarter of Section 15, Township 9 North, Range 29 East, W.M., Franklin County, Washington, Lying Northerly of the Franklin County Irrigation District Canal and lying Southwesterly of a line described as follows: Beginning at the West quarter of Section 15; Thence South 010 27' 06" West along the West line thereof, 147254 feet to the True Point of Beginning; Thence South 880 32' 54" East 277.16 feet; Thence South 310 12' 36" East 222.54 feet; Thence South 400 53' 34" East 229.96 feet; Thence South 010 27' 06" West 360.02 feet to the north right-of-way line of said canal and the terminus of said line. (Parcel # 117430147) 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-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. 4. Conditions: A. Only townhouse style attached single-family homes with customary accessory structures are permitted to be built; For the purposes of this agreement "townhouse style" means a building containing only four or fewer dwelling units; B. Maximum building heights for the first tier of homes along the northerly and easterly boundary of the property shall be limited to the R-1 height standards of PMC 25.28.050 (5). No special permits shall be authorized for increases in building height over the allowable 25 feet; C. Building designs must incorporate architectural features to create visual interest. All building fronts must be articulated and painted with complementary colors to create a separated and distinctive look for each attached dwelling unit; D. Each building elevation must contain at least two distinctive architectural features; E. Vinyl and metal siding is prohibited. Siding of all buildings must include, singularly or collectively, cement fiber board siding, stucco, brick, architectural stone and architectural masonry block; F. All soffits shall be boxed; G. A 15 -foot landscaped buffer shall be installed along the easterly and northeasterly property line. Said buffer shall contain a mixture of deciduous and coniferous trees spaced no more than 60 feet apart. The trees may be farther apart if they are planted in groupings of three trees per group. The site including all trees and landscaped areas must be regularly maintain in a workmanship like manner; H. In addition to the trees require in G. above the overall site must contain at least two trees for every dwelling unit. The site including all trees and landscaped areas must be regularly maintain in a workmanship like manner; I. Convents, Conditions and Restrictions must be recorded against the property specifying among other things a Home Owners Association is responsible for all site and landscape maintenance, and; J. Exterior night lighting must be shielded to prevent light spillage. CONCOMITANT ZONING AGREEMENTPAGE 2 OF 3 The person(s) whose names are subscribed herein do hereby certify that they are the sole holders of fee simple interest in the ab ve-described prope C� Owner: .1141 � aUi6 Owner: 2L STATE OF WASHINGTON) ) ss. County of Franklin ) I I4�-2016, before me, On this - day of Y i I the undersigned, duly commissioned and sworn, personally appeared Ae ; 01A 1 r i C dL `� C Y� `� C1 I iCY , l i Lv 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 q- day of .92016. o ary Public in and ti to of Washington, residing at k�-J CONCOMITANT ZONING AGREEMENTPAGE 3 OF 3