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HomeMy WebLinkAbout3540 Ordinance - Recorded 1604809 04 o: 202 02 08:32A Alternate"A"Wilson Request PASCO CITY OF ORDIN 17.00 Franklin Co, WA ORDINANCE NO. 3540 AN ORDINANCE of the City of Pasco, Washington, Amending the Zoning Classification of Certain Real Property Located in the Northeast quarter of Section 18, Township 9 North, Range 29 East from R-S-12 (Suburban Residential) and R-S-20 (Suburban Residential) to C-1 (Retail Business) and "O" Office. 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 in that the neighborhood has shifted from agricultural functions to a residential 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-S-12 (Suburban Residential) to C-1 (Retail Business) for the real property as shown in the Exhibit "1" attached hereto and described as follows: THAT PORTION of the Northeast Quarter of Section 18, Township 9 North, Range 29, East, W.M., Franklin County, Washington, lying Southwesterly of the Crescent Road right-of-way, lying Southwesterly of the Franklin County Irrigation District Canal right-of-way, lying Northwesterly of Short Plat No. 79-18 as recorded in Volume 1 of Short Plats at Page 116, lying Northwesterly of Peppermint Terrace Third Addition as recorded in Volume "D" of Plats at Page 27, AND lying Northwesterly of a line described as follows: 1604809 Page: 3 of 9 Alternate "A"Wilson Request 04/23/2002 09:32A PASCO CITY OF ORDIN 17.00 Franklin Coy WA BEGINNING AT the Northeasterly corner of that certain 5.2464 acre parcel shown by that certain Record of Survey recorded in Volume 1 of Surveys, Page 244, Records of Franklin County, Washington, said Northeasterly corner is also on the southwesterly right-of-way margin of Crescent Road; thence along the said 5.2464 acre parcel boundary on the following courses: S 43'17'32" E. for 34.00 feet; thence S 46°42'28" W, for 85.00 feet; thence S 43'17'32" E, for 300.00 feet; thence S 46°42'28" W, for 312.23 feet; thence leaving said 5.2464 acre parcel boundary along the extension of the said parcel's Southwesterly line, S 43 114'17" E, for 450.00 feet; thence N 46°4543" E, for 779.00 feet more or less to a line which projects N 43°14'17" W, from the Southwesterly corner of Lot 22, Block 2, Peppermint Terrace Third Addition; thence S 43°14'17" E, along said projected line 657.5 feet more or less to the Northwesterly boundary of said Peppermint Terrace Third Addition and the terminus of said line; EXCEPT THAT portion thereof deeded to the State of Washington by Warranty Deed recorded in Volume 153 of Deeds, Page 654, under Auditor's fee number 413784; and, EXCEPT THAT portion described as follows: Beginning at the intersection of the FC1D canal right-of-way and the east right-of-way line of Crescent Drive; thence southerly along the east right-of-way line of Crescent Drive for a distance of 715 feet to the True Point of Beginning; thence S 42°23'05" E for a distance of 280 feet; thence S 46°27'10" W for a distance of 430 feet; thence N 42°23'05" W a distance of 280 feet to the intersection with the east right-of-way line of Crescent Drive; thence northerly along Crescent Drive to the True Point of Beginning. Section 2. 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-S-12 (Suburban Residential) to "O" (Office) for the real property as shown in the Exhibit "1" attached hereto and described as follows: Beginning at the intersection of the FCID canal right-of-way and the east right-of-way line of Crescent Drive; thence southerly along the east right- of-way line of Crescent Drive for a distance of 715 feet to the True Point of Beginning; thence S 42 023'05" E for a distance of 280 feet; thence S 46°27'10" W for a distance of 430 feet; thence S 42°23'05" W a distance of 280 feet to the intersection with the east right-of-way line of Crescent Drive; thence northerly along Crescent Drive to the True Point of Beginning. Section 3. 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-S-20 (Suburban Residential) to "O" (Office) for 1604809 Paw 4 of 9 Alternate"A" Wilson Request 04/23/2002 09:32A PASCO CITY OF ORDIN 17.00 Franklin Co. WA the real property as shown in the Exhibit "1" attached hereto and described as follows: Lots 22 through 29 inclusive, Block 2, of the Plat of Peppermint Terrace Third Addition, as recorded in Volume "D" of Plats, Page 27, Records of Franklin, Washington EXCEPT THAT portion of Lots 27, 28, and 29, Block 2, of said Plat of Peppermint Terrace Third Addition acquired by the State of Washington by that certain Warranty Deed recorded in Volume 153 of Official Records, Page 654, Records of Franklin County, Washington. Section 4. 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 S. 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 15th day of April, 2002. Michael L- Mayor ATTEST: 7 AP TED ED AS TO FORM: Catherine D. Seaman Leland B. Kerr Deputy City Clerk City Attorney Wilson Request (5 8 Acres C- 1 ) Exhibit # " 1 " 16 @4809 Page: 5 of 9 04/23/2002 09:32A PASCO CS7Y OF ORDIN 17,00 Franklin Co, WA Rezone Ord. 0 0 o F I / h�RW v ! / I , ! / / + + + + / Q 1 + 1 + 1 1 + l I ! J JI /If fly if O 1 / / + I / C-1 / / / I !/ ,/ / / I 1 / / I I I I l / Reserved for J ! 1 ! + / " ; + J 'Assisted 1 Living I I J / / / J , I / / J , , C- 1 w/Conditions /I 1 ; , I / ! , fly � � J I � / 1 1 I ! 1 � / 1 lift + � I + /y/ I /1, lJ I + ! 1111 fill / / lift f l / , I I fill / + / / / / / ! J ! / + ! / / ! / / / l ! / ! 1 J J 1 / / / / / l ! / / / / / / ! / ! 1 / , I , l ! l 1 , l + // + ! / ! / + J J , 1 J l /! ,+ Q / / / / I I ! + + / I J" ! O l ; J/ / IJ / J/ / +/ JJ / }( � / I! /J I/! I! / If I,1 1 / r lIf O ! , Q J + F � � � Il + I J J ! / ! , O I / I OHO / •O� 'tl,9� �� O 1604809 Page: 6 of 9 Alternate "A" 04/23/2002 09:32A PASCO CI'Y 4F ORDIN 17.00 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 PAGES 3 & 4, #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-1 (Retail Business) and "O" (Office) 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. 1604809 Page: 7 of 9 Alternate"A" 04/23/2002 09:32A PASCO CITY OF ORDIN 17,00 Franklin Co WA 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) A landscaped buffer area of at least 20 feet shall be provided along the boundary of all commercial and office zones that abut a residential zone except along the interface with the LDS Church property. The buffer area shall be constructed in a park like manner and shall contain a dense coniferous tree barrier; 2) No parking lots shall be permitted between future office and commercial buildings and residential properties; 3) All mechanical equipment must be screened from adjoining residential property; 7) Maximum building heights in the office zone shall be 35 feet; 5) Signs within the office zone shall not be taller than the building they identify; 6) Signs within the C-1 zone shall not be taller than 35 feet; 7) Lighting on office buildings shall be shielded so as not to encroach upon residential properties. Night lighting on commercial buildings shall also be shielded from Short Plat 79- 18 and residential properties west of Crescent Drive; 8) No parking lots shall be located in the front yards areas of future business located adjacent Crescent Drive; 9) The front yard set back for all properties adjacent Crescent Drive shall be at least 20 feet; 10) No parking lots shall be permitted between future buildings and the westerly line of Short Plat 79-18 and the westerly in the Baptist Church property; 11) The following uses shall not be permitted; taverns, or any other structure whose principal use is the sale, use or consumption of alcoholic beverages, dance halls, skating rinks, bowling alleys, amusement game centers, billiard and pool halls, membership CONCOMITANT ZONING AGREEMENT PAGE 2 OF 4 1604809 Pays: 8 of 9 Alternate"A" 04/23/2002 09:32A PRSCO CITY OF ORDIN 17.00 Franklin Co, A clubs except health clubs, fraternal organizations, auto detail shops, automotive/truck repair, mini-storage and upholstery shops. 12) The following described tract within the C-1 zone shall be reserved for Assisted Living purposes and will require a special permit at a future date; Beginning at the intersection of the FCID canal right-of-way and the east right-of-way line of Crescent Drive; thence southerly along the east right-of-way line of Crescent Drive for a distance of 1,145 feet to the True Point of Beginning; thence S 42°23'05" E for a distance of 335 feet; thence S 46'27'10" W to the intersection with the northerly line of Tax Parcel # 118-170- 159; thence northwest along the north line of said Tax Parcel to the intersection with the east right-of-way line of Crescent Drive; thence northerly along Crescent Drive to the True Point of Beginning. S. Legal Descriptions: Parcel 1: Rezone from RS-12 to C-1 THAT PORTION of the Northeast Quarter of Section 18, Township 9 North, Range 29, East, W.M., Franklin County, Washington, lying Southwesterly of the Crescent Road right-of-way, lying Southwesterly of the Franklin County Irrigation District Canal right-of-way, lying Northwesterly of Short Plat No. 79-18 as recorded in Volume I of Short Plats at Page 116, lying Northwesterly of Peppermint Terrace Third Addition as recorded in Volume "D" of Plats at Page 27, AND lying Northwesterly of a line described as follows: BEGINNING AT the Northeasterly corner of that certain 5.2464 acre parcel shown by that certain Record of Survey recorded in Volume I of Surveys, Page 244, Records of Franklin County, Washington, said Northeasterly corner is also on the southwesterly right-of-way margin of Crescent Road; thence along the said 5.2464 acre parcel boundary on the following courses: S 43'17'32" E. for 34.00 feet; thence S 46°42'28" W, for 85.00 feet; thence S 43'17'32" E, for 300.00 feet; thence S 46°42'28" W, for 312.23 feet; thence leaving said 5.2464 acre parcel boundary along the extension of the said parcel's Southwesterly line, S 43°14'17" E, for 450.00 feet; thence N 46°4543" E, for 779.00 feet more or less to a line which projects N 43°14'17" W, from the Southwesterly corner of Lot 22, Block 2, Peppermint Terrace Third Addition; thence S 43°14'17" E, along said projected line 657.5 feet more or less to the Northwesterly boundary of said Peppermint Terrace Third Addition and the terminus of said line; EXCEPT THAT portion thereof deeded to the State of Washington by Warranty Deed recorded in Volume 153 of Deeds, Page 654, under Auditor's fee number 413784; and, EXCEPT THAT portion described as follows: Beginning at the intersection of the FCID canal right-of-way and the east right-of-way line of Crescent Drive; thence southerly along the east right-of-way line of Crescent Drive for a distance of 715 feet to the True Point of Beginning; thence S 42°23'05" E for a distance of 280 feet; thence S 46°27'10" W for a distance of 430 feet; thence N 42°23'05" W a distance of 280 feet to the intersection with the east right-of-way line of Crescent Drive; thence northerly along Crescent Drive to the True Point of Beginning. CONCOMITANT ZONING AGREEMENT PAGE 3 OF 4 1604809 Pale: 9 of 9 Alternate "A 04/23/2002 09:32A PASCO CITY OF ORDIN 17.00 Franklin Co, WA Parcel 2: Rezone from RS-12 to "O" (Office) Beginning at the intersection of the FCID canal right-of-way and the east right-of- way line of Crescent Drive; thence southerly along the east right-of-way line of Crescent Drive for a distance of 715 feet to the True Point of Beginning; thence S 42°23'05" E for a distance of 280 feet; thence S 46°27'10" W for a distance of 430 feet; thence S 42°23'05" W a distance of 280 feet to the intersection with the east right-of-way line of Crescent Drive; thence northerly along Crescent Drive to the True Point of Beginning. Parcel 3: Rezone from RS-20 to "O" (Office) Lot 22 through 29 inclusive, Block 2, of the Plat of Peppermint Terrace Third Addition, as recorded in Volume "D" of Plats, Page 27, Records of Franklin, Washington. EXCEPT THAT portion of Lots 27, 28, and 29, Block 2, of said Plat of Peppermint Terrace Third Addition acquired by the State of Washington by that certain Warranty Deed recorded in Volume 153 of Official Records, Page 654, Records of Franklin County, Washington. The undersigned Trustees of The Wilson Family Living Trust, Ruth S. Wilson and Wayne P. Wilson, do hereby certify that the Trust is the sole holder of the fee simple interest in the above-described roperty. Trustee: L41M77/1 - ut . Wilson Trustee: a e P. Wilson STATE OF WASHINGTON ) ) ss. County of Franklin ) On this day personally appeared before me RUTH S. WILSON and WAYNE P. WILSON to me known to be the Trustees of The Wilson Family Living Trust, that executed the within and foregoing instrument, and acknowledged that said instrument to be the free and voluntary act and deed of gaid Trust for the uses and purposes therein mentioned and on oath I'll to, stag L* t;liAt�y were authorized to execute said instrument. w ',4� Cal tf nd6r my ha d an fficial seal this day of April 2002. : A �pUBLlo ,• 9RCH I �, Notary Public in and for the State of Washington OF WASP' Residing at U 4 My Commission Expires: 1 CONCOMITANT ZONING AGREEMENT PAGE 4 OF 4