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
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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.
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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.
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Notary Public in and for the State
of Washington, residing at
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