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HomeMy WebLinkAbout3836 Ordinance - Recorded 1709464 Page: 2 of 5 10/05/2007 03:55P PA5CO CITY OF ORDIN 44.00 Franklin Co, WA ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, Amending the Zoning Classification of Certain Real Property Located at the corner of 28`h and Sylvester Avenue, 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 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: The North %Z of the West '/2 of the Northwest %4 of the Northwest I/4 of the Southeast '/4 of Section 25, Township 9 North, Range 29 East, W.M. Franklin County, Washington; Less that portion dedicated for Highway and 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". 1709464 11111111111111 Page: 3 of 5 ' 10/05/2007 03:55P PpSCO CITY OF ORDIN 44.00 Franklin Co, WA Section 3. This ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this 20th day of August 2007. < .44 r I- Joyce 04n Mayor ATTEST: APPROVED AS TO FORM: Sandy Ke orthy, Deputy City C erk Leland B. Kerr, City Attorney 1709464 PO 05/2007 03:55P "Exhibit # 2" PASCO CITY OF ORDIN 44.00 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 C-3 (General Business District) 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: The following uses in PMC Chapter 25.46, C-3 General Business District, are prohibited 1709464 Page: 5 of 5 10/05/2007 03:55P PASCO CITY OF ORDIN 44.00 Franklin CO, WA (6) Heavy machinery sales and service; (8) Landscape gardening and storage area for equipment and materials; and (11) Lumber sales business. 5. Legal Description: Parcel # 119-462-074 The North 1/2 of the West 1/a of the Northwest 1/a of the Northwest 1/4 of the Southeast 1/4 of Section 25, Township 9 North, Range 29 East, W.M. Franklin County, Washington; Less that portion dedicated for Highway and Roads. 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 ' ..�,. STATE OF WASHINGTON) ) ss. County of Franklin ) Q / J *s day personally appeared before me d 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 15, day of , 200 . +P`rc Votary Public in and for the to m= of Washington, residing at dW # • 0.ddop or '��i OF ►�JASH��```r �41011111to CONCOMITANT ZONING AGREEMENTPAGE 2 OF 2 FRANKLIN COUNTY RECORDING Cover Sheet 1709464 Return Address: C. C_lP Page: 1 of 5 10105/2007 03:55P 7 PRSCO CITY OF OROIN 44.00 Franklin Co; WA d �� a - FORM COMPLETED BY:� - ),ff.PHONE# PLEASE PRINT OR TYPE INFORMATION: Document Titie(s) (or transactions contained therein): /V 2. 3. Grantor(s) (Last name first,first name, middle initials): 1: C. 2. 3. 4_ ❑Additional names on page of document. Grantee(s) (Last name first, first name, middle initials): 1 2: 3. 4. ❑Additional names on page of document. Legal description(abbreviated: ie.lot, block, plat or section, township, range, qtr./qtr.) ❑Additional legal is on page of document. p� � , Auditor's Reference Number(s) Include Year(s)of documen4s)assigned or released: ❑Additional names on page of document. Assessor's Property Tax Parcel/Account Number 13 Property Tax Parcel ID is not yet assigned. ❑Additional parcel numbers on page of document. The Auditor/Recorder will rely on the infomnation provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information. EMERGENCY NONSTANDARD REQUEST I am requesting an emergency nonstandard recording for an additional fee of$50.00 as provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obsc e s e part of the text of the original document. Signature Date