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HomeMy WebLinkAbout3578 Ordinance ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, Amending the Zoning Classification of Certain Real Property Located in Section 30, Township 9 North, Range 30 East, W.M., from to R-1 (Low Density Residential) and R-3 (Medium Density Residential) to C-1 (Retail Business) with a concomitant 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, 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 restricting certain land uses; 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 utilities necessary to serve residential development on these properties have now been designed and will be extended to the 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) and R-3 (Medium Density Residential) to C-1 (Retail Business) for the real property as shown in the Exhibit "1" attached hereto and described as follows: Lots 6-9, Block 1, Meridian Addition 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 4th day of November 2002. Michael L. Garrison Mayor ATTEST: APPROV D AS O FORM: Catherine D. Seaman Leland B. Kerr Deputy City Clerk City Attorney Exhibit "1 " Rezone Ord. # 7$ W PARK ST Q o N z W NIXON ST I W SYLVESTER ST w Q z 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: (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-1 (Retail 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: 1) The development shall comply with the following requirements: 1) Taverns, Night Clubs, Amusement game centers, Pool Halls, Upholstery shops and other similar uses are prohibited. S. Legal Description: Lots 6 -9, Block 1, Meridian Addition. 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: Owner: Signature: STATE OF WASHINGTON) ) ss. County of Franklin) On this day personally appeared before me to me known to be the of the partnership that executed the within and foregoing instrument, and acknowledged that said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned and on oath stated that he was authorized to execute said instrument. Given under my hand and official seal of day of , 2002. Notary Public in and for the State of Washington, residing at Owner: Signature: STATE OF WASHINGTON) ) ss. County of Franklin) On this day personally appeared before me to me known to be the of the partnership that executed the within and foregoing instrument, and acknowledged that said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned and on oath stated that he was authorized to execute said instrument. Given under my hand and official seal of day of Notary Public in and for the State of Washington, residing at CONCOMITANT ZONING AGREEMENT PAGE 2 OF 2