HomeMy WebLinkAbout4007 Ordinance - Recorded WHEN RECORDED, PLEASE RETURN TO:
AFN#9766630 ORDIN
City of Pasco 051171201103:43 PM
Attn: City Planner 6 Page(s)$67.00
525 N. Third Avenue Matt Beaton,Auditor
Pasco, WA 99301
Franklin Co..WA
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE ZONING
CLASSIFICATION OF PROPERTY LOCATED AT 624 WEST LEWIS STREET 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; 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-I
(Retail Business District) to C-3 (General Business District) for the real property as shown in the
Exhibit"1"attached hereto and described as follows:
Lots 9 through 12 & East '/? of Lot 13, Block 16, Gerry's Addition.
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.
Passed by the City Council of the City of Pasco this 16`h day of May, 2011.
Matt Watkins, Mayor
A EST: APPROVED T FORM:
bra L. Clark, City rk Leland B. Kerr, City Attorney
Exhibit Item: Rezone C- 1 to C-3
Applicant: Shane Fast x#1 File #: Z 2011 -001
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"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:
Lots 9 through 12 & East /2 of Lot 13, Block 16, Gerry's Addition
(624 West Lewis Street, including parcels # 112043191 & 1 1 2043 1 74)
WHEREAS, the Owner(s) have indicated willingness to cooperate with
the City of Pasco, its Planning Commission and Planning department to
ensure 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
CONCOMITANT ZONING AGREEMENT PAGE 1 OF 3
"Exhibit # 2"
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) Uses shall be limited to those allowed in the C-1 zone, with the
addition of auto sales.
b) Only one freestanding sign shall be allowed on the property and
shall be limited to a maximum of 30 feet in height. No roof signs
shall be allowed.
c) A minimum of eight parking spaces shall be reserved for
customer parking;
d) The property shall be landscaped to meet the provisions of PMC
Chapter 25.75 Landscaping and Screening, including a 10-foot
landscape buffer along the northern property line (Lewis Street).
This landscaping buffer shall be separated from the parking
area by perimeter curbing, improved with 100% live vegetation
including a predominant amount of grass and underground
irrigation systems;
e) All required improvements and modifications shall be completed
prior to the issuance of a City of Pasco Business License for the
car sales activity.
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:
E
Owner:
STATE OF WASHINGTON)
) ss.
County of Franklin )
On this A day of 6 , 2011, before me, the
under. igned, duly commissioned and sworn, personally appeared
=f,F to me known to be the
CONCOMITANT ZONING AGREEMENT PAGE 2 OF 3
"Exhibit # 2"
individual(s) described above and who executed the within and foregoing
instrument as an agent of the owner(s) of record, and acknowledged to me
that he/she/they signed the same as his/her/their free and voluntary act
and deed, for the uses and purposes therein mentioned, and on oath stated
that he/she/they is/are authorized to execute the said instrument.
GI EN under by hand and official seal this day of
, 2011.
F r t1�I U S
' PU�iLIC Not Public in and for the State
WASHINGTON of Washington, residing at
ON EXPIRES 29, 2014
CONCOMITANT ZONING AGREEMENT PAGE 3 OF 3