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HomeMy WebLinkAbout3817 Ordinance - Recorded WHEN RECORDED RETURN TO: 16965275 city of Pasco Page: 1 of 10 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. 1696275 Page: 2 of 10 01/24/2007 02:40P 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 O C N 22ND AVE n 0 D� C7 O N 21 ST AVE MA r o l 1 z 1 i w� O A�r N 20TH AVE LQ C)DO N _ J p D N� CA O C ,t - - � r� r y y H N 19TH AVE 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 1696275 Page: 4 of 10 01/24/2007 02:40P PRSCO CITY OF ORDIN 41.00 Franklin Co, WA 1696275 Page: 5 of 10 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 1696275 Page: 6 of 10 « 01/24/2007 02:40P 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 1696275 Page: 7 of 10 111111111111111111111111111111111111111111111101/24/2007 02:40P PASCO CITY OF ORDIN 41.00 Franklin Co, WA 111696275 Page: 8 of 10 01/24/2007 02:40P 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 1696275 Page: 9 of 10 01/24/2007 02:401P PRSCO CITY OF ORDIN 41.00 Franklin Co, WA 1696275 Page: 10 of 10 01/24/2007 02:40P 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