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HomeMy WebLinkAbout3459 Ordinance ORDINANCE NO. 3459 AN ORDINANCE of the City of Pasco, Washington, Amending the Zoning Classification of Certain Real Property Located in the 1900 Block of North Fourth Avenue from C-1(Retail Business) to I- 1 ( Light Industrial). 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, there are conditions which should be imposed in order to mitigate any potential significant adverse impacts from the requested change of zoning classification on the surrounding vicinity justifying a Concomitant Agreement including terms for landscaping; 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 in that the neighborhood has shifted from retail functions to a heavy commercial/industrial area and (D) the request for change in zoning classification is categorically exempt under the Washington State Environmental Policy Act, 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 C-1 (Retail Business District) to I-1 (Light Industrial District) for the real property as shown in the Exhibit "1" attached hereto and described as follows: Lot 2, Short Plat 81-6, Lot 3, EXCEPT the north 50 feet of the west 40 thereof and ALL Lot 4, Block 1, Bolin Addition, Also EXCEPT that portion of Lot 3 lying 5 feet East and West of the following described centerline; Beginning at a point on the north line of said Lot 3 a distance of 41 feet westerly of the northeast i corner of said Lot 3, Thence Southerly parallel to the east line of said Lot 3 a distance of 69 feet at which point said portion of land widens to 10 feet East and West of said centerline, thence continuing southerly along the centerline a distance of 20 feet to the point of terminus of said centerline. Section 2. That the change of a zoning classification as provided in Section 1 is contingent, and conditioned upon 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. This ordinance shall take full force and effect five (5) days after its approval, passage and publications required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this 5th day of February 2001. Michael L. Garrison, Mayor ATTEST: APPROVED AS TO FORM: Catherine D. Seaman, Deputy City Clerk Leland B. Kerr, City Attorney NO. 0 Rezone Site W JAN ST t � t a < t Q tttt a t � s � 1 •{ y 0 r ttit t � t = z i w Ph A ST z z w AGATE ST L J- - - - W RUBY ST W COURT ST 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: (SEE PAGE 2, #5, LEGAL DESCRIPTION) 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 I- 1(Light Industrial) 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. Rezone Ordinance-1 4. Conditions: A. The development shall comply with the following requirements: 1) The first 10 feet of the property together with the unused portion of the right-of-way shall be landscaped. The landscape design and materials shall match the 4th. Ave corridor landscape plan and shall be approved by the Community and Economic Development Director prior to Installation. 5. Legal Description: Lot 2, Short Plat 81-6, Lot 3, EXCEPT the north 50 feet of the west40 thereof and ALL Lot 4, Block 1, Bolin Addition, Also EXCEPT that portion of Lot 3 lying 5 feet East and West of the following described centerline; Beginning at a point on the north line of said Lot 3 a distance of 41 feet westerly of the northeast corner of said Lot 3, Thence Southerly parallel to the east line of said Lot 3 a distance of 69 feet at which point said portion of land widens to 10 feet East and West of said centerline, thence continuing southerly along the centerline a distance of 20 feet to the point of terminus of said centerline. 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: Owners: STATE OF WASHINGTON ) }ss. County of Franklin } On this day personally appeared before me to me known to be the individual(s) who executed the within and foregoing instrument on the lines above their/his typed names and acknowledged they/he signed the as their/his free and voluntary act and deed for the uses and purposes therein mentioned. Given under my hand and official seal of day of ) 2001. Rezone Ordinance-1 Notary Public in and for the State of Washington, residing at Rezone Ordinance-1