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Home My WebLink About3620 Ordinance - Recorded 1631860 Page: 2 of 6 09/17/2003 08:44A PASCO CITY OF ORD 24.00 Franklin Ca, WA ORDINANCE NO. 3620 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED IN THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 9 NORTH, RANGE 29 EAST, W.M., FROM C-1 (RETAIL BUSINESS) TO CR (REGIONAL COMMERCIAL). 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 C-1 (Retail Business) to CR (Regional Commercial) for the real property as shown in the Exhibit "1" attached hereto and described as follows: The South half of the southwest quarter of the southwest quarter of Section 24, Township 9 North, Range 29 East W.M., records of Franklin County, EXCEPT the north 166± of the east 122± feet 1631860 Page: 3 of 6 09/17/2003 08:44A PASCO CITY OF ORD 24.00 Franklin Co, WA thereof and EXCEPT Lot 1, Short Plat 79-14 and EXCEPT Lots 1-6, Edgar's Subdivision and EXCEPT Roads. 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 May, 2003. �Xdll- . h4 11 1 Michael L. rison, Mayor ATTEST: APPROV AS TO FORM: ebster U. Jackson, City Clerk Leland B. Kerr, City Attorney 1631860 Page: 4 of 6 09/17/2003 08:44A ASCO CITY OF ORD 24.00 Franklin Co, WA Exhibit # " l Rezone Ord . # I _j L----I---j L-J-----� W. PEARL ST LL E w I op I L S I I I A T I I I T OPAL PL Tm T� W. ACAT T 'SIT W. RUBY ST "I'll ,..... .......... Z! W. COURT ST o V W. MARIE ST W. MA-RjE S1 13 c OCTA ST W. OCTAVE ST.------ W. HENRY ST J x 1631860 Page: 5 of 5 09/17/2003 08:44A PASCO CITY OF ORS 24.00 Franklin Co, 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 CR (Regional Commercial) 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. CONCOMITANT ZONING AGREEMENT PAGE 1 OF 2 11531860 Page: 6 of 6 09/17/2003 08:44A PASCO CITY OF ORD 24.00 Franklin Co, WA 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 following uses shall be prohibited: 1) Amusement game centers, recreation centers or similar uses; 2) The use of outdoor speakers and public announcement systems of any kind; B. The following design controls shall apply to these properties: 1) All outdoor lighting must be strictly shielded to prevent lighting from encroaching on adjoining residential property; 2) All new development and site improvements shall comply with the I-182 Corridor Design Standards as identified in P.M.C. 25.58 as existing and hereafter amended; 5. Legal Description: The South half of the southwest quarter of the southwest quarter of Section 24, Township 9 North, Range 29 East W.M., records of Franklin County, EXCEPT the north 166+ of the east 122+ feet thereof and EXCEPT Lot 1, Short Plat 79- 14 and EXCEPT Lots 1-6, Edgar's Subdivision and EXCEPT Roads. The person(s) whose names are subscribed herein do hereby certify/tlJ,4t they are the sole holders of fee simple interest in the above-described p; perty: / Owner: 6 Owner: STATE OF WASHINGTON) L�wa vl.��C, ) ss. County of F+a+94ift) On this day-personally appeared before me and rl A. zar« to me known to be the individual(s) who executed th thin and foregoing instrument on the lines above as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. XXJut111JJJ1z Given u � and official seal of ILA , day of ��,t 2003. 0-e = Notary Public In and for the State 0cn,• �°UBl►G�•' ; � of Washington, residing at �. ��9�' '�'r �e.'�•Off" �afp 5S-tS-t� 'O�O'W 11�� ,nQ 1 • Jeri �s CONCOMITANT ZONING AGREEMENT PAGE 2 OF 2