HomeMy WebLinkAbout3674 Ordinance 4 �
n
ORDINANCE NO--a(,7 —
AN ORDINANCE of the City of Pasco, Washington, Amending the Zoning
Classification of Certain Real Property Located in the northwest quarter of Section
20, Township 9 North, Range 30 East from C-1 (Retail Business) to C-3 General
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, 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 C-1
(Retail Business) to C-3 General Business) for the real property as shown in the Exhibit "1"
attached hereto and described as follows:
Lot 9-13 and 17-19, Buck's Subdivision
4
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 6th day of July 2004.
Michael L. arrison
Mayor
ATTEST: APPROVED AS TO FORM:
Sandy L. K orthy ?Qy B. Kerr
Deputy City Clerk ttorney
Exhibit # " 1
Rezone Ord. #
d
i
d�
z
W. JAY ST
z
,
E
W. JAN ST W. JAN ST
{
E
E
r,
r {+-4
Qi
W. LEOLA ST Q
LO
a
z cr)
k
x z
H
z
W. PEARL ST W. PEARL ST
w
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. Development shall comply with the following requirements:
1) Within 90 days of the passage of the ordinance changing the
zoning to C-3 (General Business) the first ten (10) feet of private
property together with the unused portion of the North 4th
Avenue right-of-way to be landscaped. The design and materials
of the landscaping shall match the North 4th Avenue corridor
landscape plan and shall be approved by the Community &
Economic Development Director prior to installation.
2) Within 90 days of the passage of the ordinance changing the
zoning to C-3 (General Business) the dropped curbing on North
4th Avenue shall be replaced with standard stand up curbing.
3) Within 1 year of the passage of the ordinance changing the
zoning to C-3 (General Business) a solid screen (no chain link
with slats) shall be placed along the frontage of North 51' Avenue
along with a five (5) foot landscaped set back from the right-of-
way line.
S. Legal Description:
Lot 9-13 and 17-19, Buck's Subdivision.
The agent of the corporation whose name is subscribed herein does
hereby certify that the corporation is the sole holder of fee simple interest in
the above-described property.
Owner:
By:
STATE OF WASHINGTON)
) ss.
County of Franklin )
On this day personally appeared before me
of the corporation that
to me known to be the
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
CONCOMITANT ZONING AGREEMENTPAGE 2 OF 3
uses and purposes therein mentioned and on oath stated that he was
authorized to execute said instrument.
Given under my hand and official seal this day of
2004.
Notary Public in and for the State
of Washington, residing at
CONCOMITANT ZONING AGREEMENTPAGE 3 OF 3