Loading...
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 vv1`5 s SITE Tk s 9G Go�UMg�P 5'C "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