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Home My WebLink About3470 Ordinance - Recorded 1592211 Page: 1 of g 07/02/2001 11:42A PASCO CITY OF ORDIN 12.00 Franklin Cc, WA ORDINANCE N0. 3470 AN ORDINANCE of the City of Pasco, Washington, Amending the Zoning Classification of Certain Real Property Located in the 1800 Block of North Fourth Avenue from R-1 (Low Density Residential) to C-3 (General Business). 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 residential functions to a heavy commercial 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 R-1 (Low Density Residential District) to C-3 (General Business District) for the real property as shown in the Exhibit "1" attached hereto and described as follows: The West 475 feet of the Northwest quarter of the Southwest quarter of the Southwest quarter of Section 20, Township 9 North, Range 30 East W.M., Franklin County, Washington. Rezone Ordinance-1 1592211 V/02/29ei f 11:42A PASCO CSTY OF ORDIN 12.00 Franklin Co, WA 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 this 7' Day of May, 2001. Michael L. Garrison, Mayor ATTEST: APPROVED AS TO FORM: Catherine D. Seaman, Deputy City Clerk Leland B. Kerr, City Attorney Rezone Ordinance-1 1592211 Page: 3 of 5 07/02/2001 11:42A PASCO CITY OF ORDIN 12.00 Franklin Cc, WA 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 C-3 (General Business) 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. The development shall comply with the following requirements: 1) Off-premise signs shall be prohibited. 1592211 Page: 4 of S 07/02/2001 11:42A PASCO CITY OF ORDIN 12.00 Franklin Co, WA 2) Freestanding signs shall be limited to 35 feet in height. 3) Access shall be prohibited from Agate Street and 5th Avenue. 4) Future landscaping along 4th Avenue must conform to the 4th Avenue corridor landscape plan. Timing of the landscape improvements if any shall coincide with other improvements in the corridor at the discretion of the Community &Economic Development Director. 5) Legal Description: Parcel A: Lot 1, Bucks Subdivision, as per plat thereof, recorded in Volume B of Plats, Page 70, records of Franklin County, Washington. Parcel B: The Northwest quarter of the Southwest quarter of the Southwest Quarter and the West half of the Northeast quarter of the Southwest quarter of the Southwest quarter of Section 20, Township 9 North, Range 30 East, W.M., Franklin County, Washington; Except that portion, thereof, lying easterly of former State Highway No. 11, now known as 4' Avenue; Except that portion, thereof, lying within the right of way of former State Highway No. 11, now known as 4`h Avenue; Except the South 30 feet, thereof, as conveyed to the City of Pasco, a municipal corporation,by Governor's Quit Claim Deed, dated May 1, 1950 and Except that portion, thereof, lying within 5`h Avenue. The person(s) whose name are subscribed herein do hereby certify that they are the sole holders of fee simple interest in the above-described property: Owners: STATE O WASHINGTON Depart t o rans rtation By: Ge d L. Gallinger Director, Real Estate ervices Date: 02 CJG CONCOMITANT ZONING AGREEMENT PAGE 2 OF 3 I.C. No. 5-11-00012 FCR No. 5311CA00 1 + � • 1592211 Page: S of 5 07/02/2001 11:42A Rp5C0 CITY OF ORDIN 12.00 Franklin Co, A STATE OF WASHINGTON ) ss. County of ) I, the undersigned, a Notary Public in and for the State of Washington, do hereby certify that on this• n d day of idle , a171G/ , 2001, before me personally appeared Gerald L. Gallinger, Director, Real Estate Services, for the State of Washington Department of Transportation, and that he executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said State of Washington, for the uses and purposes therein set forth, and on oath states that he is authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. :0 0- 1)1A ry�� N ary ublic in and for the State `:� �,\sg4oN of Washing n,--I sas ' poTagy .ms's Residing at �t. �'� —o— s My Appointment expires /G /z2 -3 fS �.✓ pU81�4 O'2: "41 W AEN� ��a CONCOMITANT ZONING AGREEMENT PAGE 3 OF 3 I.C. No. 5-11-00012 FCR No. 5311CA00