HomeMy WebLinkAbout3817 Ordinance - Recorded WHEN RECORDED RETURN TO: 16965275
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Community Development Department 01/24/2007 02:40P
P.O.Box 293 PASCO CITY OF ORDIN 41.00 Franklin Co, WA
Pasco,WA 99301
--— — - ORDINANCE NO. g
AN ORDINANCE of the City of Pasco, Washington, Amending the Zoning Classification of
Certain Real Property Located in the Sprouse Addition from O (Office) 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, 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 significant commercial redevelopment has occurred on nearby
properties; (D) the request for change in zoning classification was issued a Determination of
Nonsignificance under the Washington State Environmental Policy Act; and (E) the effect of the
requested change in zoning classification will not be materially detrimental to the immediate vicinity,
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 O (Office) to C-1
(Retail Business) for the real property as shown in the Exhibit "1" attached hereto and described as
follows:
Lots 9, 10, and 11 with Sprouse Addition together with the east half the adjacent vacated alley.
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 publication as required by law.
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PASCO CITY OF ORDIN 41.00 Franklin Co, WA
PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law
this 16`h day of January 2007.
J e Cis on
or
ATTEST: APPROVED FORM:
Sandy KenNkorthy I Leland B. Kerr
Deputy City Clerk City Attorney
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N 201h Ave "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) Uses shall be limited to offices and restaurants;
2) Hours of operation shall be limited to 6:00 am to 9:00pm
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PRSCO CITY OF ORDIN 41.00 Franklin Co, WA
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11111111111111111111102/24/2@07 02:40P
PASCO CITY OF ORDIN 41.00 Franklin CO, WA
3) An additional ingress and egress driveway for lots 10 and 11 shall
be provided through Lot 9 to Agate Street;
4) Thel0 landscaping buffer along 201h Avenue shall be bermed a
minimum of 2 feet in the center of the buffer;
5) Parking lot lighting and exterior building lighting shall be designed
to remain on site;
6) Signage shall be limited to wall signs and one freestanding pedestal
sign;
7) Site development must conform to the landscaping code.
8) No taverns, membership clubs, lounges, or similar uses shall be
permitted.
5. Legal Description:
Lots 9, 10 and 11 Sprouse addition together with the east half of the
adjacent vacated alley
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:
Owners:
STATE OF WASHINGTON)
) ss.
County of Franklin )
On this day personally appeared before me
to me known to be the individual(s) who
executed the within and foregoing instrument on the lines above their/his typed names and
acknowledged they/he signed the as their/his free and voluntary act and deed
for the uses and purposes therein mentioned.
Given under my hand and official seal of day of
200_.
Notary Public in and for the State
of Washington, residing at
CONCOMITANT ZONING AGREEMENTPAGE 2 OF 3
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PRSCO CITY OF ORDIN 41.00 Franklin Co, WA
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
to me known to be
the of the corporation 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 this day of ,
200 .
Notary Public in and for the State
of Washington, residing at
CONCOMITANT ZONING AGREEMENTPAGE 3 OF 3
N 20th Ave "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-I
(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) Uses shall be limited to offices and restaurants;
2) Hours of operation shall be limited to 6:00 am to 9:00pm
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111111111111111111111111111111111111111111111101/24/2007 02:40P
PASCO CITY OF ORDIN 41.00 Franklin Co, WA
111696275
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PASCO CITY OF ORDIN 41.00 Franklin Co, WA
COPY QUALITY OF ORIGINAL `-_---_--- -------DIN --1.00 Franklin WA
MAY NOT REPRODUCE 3) An additional ingress and egress driveway for lots 10 and 11 shall
be provided through Lot 9 to Agate Street;
4) The 10 landscaping buffer along 20a' Avenue shall be bermed a
minimum of 2 feet in the center of the butler,
5) Parking lot lighting and exterior building lighrting shall be designed
to remain on site;
6) Signage shall be limited to wall signs and one freestanding pedestal
sign;
7) Site development must conform to the landscaping code.
8) No taverns, membership clubs, lounges, or similar uses shall be
permitted.
5. Legal Description:
Lots 9, 10 and 11 Sprouse addition together with the east half of the
adjacent vacated alley
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:
Owners:
STATE OF WASHINGTON)
ss.
County of Franklin )
On this day personally appeared before me
i S S to me known to be the individual(s) who
executed the within and foregoing instrument o the lines above their/his typed names and
acknowledged t signed the o t/� as the free and voluntary act and deed
for the uses and proposes therein mentioned.
Given under my hand d official seal of day of
200�Q
Notary Public in and for ti to
�A = of Washington,residing
PUBLIC
CONCOMITANT ZONING AGREEMENTPAGE 2 OF 3
N 20'h Ave "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) Uses shall be limited to offices and restaurants;
2) Hours of operation shall be limited to 6:00 am to 9:00pm
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PRSCO CITY OF ORDIN 41.00 Franklin Co, WA
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COPY QUALITY OF ORONA, PASCO CITY OF _ ORDIN 41.00 Franklin Co, WA
MAY NOT REPRODUCE ) An additional ingress and egress driveway for lots 10 and 11 shall
be provided.through Lot 9 to Agate Street;
4) Thel Q landscaping buffer along 20a' Avenue shall be bermed a
minimum of 2 feet in the center of the buffer,
5) Parking tot lighting and exterior building lighting shall be designed
to remain on site;
b) Signage shall be limited to wall signs and one freestanding pedestal
sign;
7) Site development must conform to the landscaping code.
8) No taverns, membership clubs, lounges, or similar uses shall be
permitted.
5. Legal Description:
Lots 9, 10 and 11 Sprouse addition together with the east half of the
adjacent vacated alley
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:
Owners:
STATE OF WASHINGTON)
) 3s.
County of Franklin )
On this fi personally appeared before me
Kf t> - 11 to me known to be the individual(s) who
executdd the within knd foregoing instrument on the lines above their/his typed names and
acknowledged they he signed the Qa a� as theirMs free and voluntary act and deed
for the uses and purposes therein mentioned. ji elY
Given under my hand and official seal of day of
200
°s, > /7
otary Public in and for tGo • of Washington,residing h
PUBLIC -
CONC G AGREEMENTPAGE 2 OF 3