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HomeMy WebLinkAbout4094 Ordinance WHEN RECORDED,PLEASE RETURN TO: City of Pasco Attn: City Planner 525 N.Third Avenue Pasco,WA99301 ORDINANCE NO. 'T d AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,AMENDING THE ZONING CLASSIFICATION OF LOT 4, BINDING SITE PLAN 95-05,FROM BP(BUSINESS PARK)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 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 to BP (Business Park) to C-3 (General Business) for the real property as shown in the Exhibit "1" attached hereto and described as follows: Lot 4,Binding Site Plan 95-05 Section 2. That the change of the zoning classification as provided in Section 1 is contingent, and conditioned upon the 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. 1 PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this Z2day of January 2013. # Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: ■ 9 /)4.1 De ra . Cl ity Leland B. Kerr, City Attorney Ili 2 0 3AV MU P ( 3AV aa£Z ;:)en I c1 0 Q J - - - . I ' 3AV Hin M co W y _ J 0 °` l J a _ Ai a 0 EO „„,/ z„,„„ ii ,,, 3AV H19Z 0 o r I— _U)W o o • • ,, N �-' N I) n N sz avoa C.) . . I lio.-oll . . � I E a a) 1 . . ... (1.) —• x 0 . L . 4' 4;'' I ot avow 1E10 15 It 1 I . W J I . al a.a I Otx I "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: LOT 4 BINDING SITE PLAN 95-05 (Parcel # 119312083) 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 from BP (Business Park) to C-3 (General Business) and in consideration of that event should it occur, and subject to the terms and conditions hereinafter stated, the applicant/property owner 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. The following uses shall be prohibited: 1) Heavy equipment sales and services; 2) Automobile sales and service; 3) Mobile home sales and service; 4) Express offices; 5) Truck stop; 6) Lumber sales; 7) Veterinarian clinics; 8) Landscape gardening storage areas for equipment & materials. B. The following development standards shall apply: 1) The main entrance of any building located on the site shall be oriented toward the west. 2) No service doors or truck loading/unloading areas shall be permitted on the eastern side of the building. Only man doors and required egress doors shall be permitted on the east side of the building. 3) The west building elevation shall contain a least three distinct architectural features. 4) Automobile parking areas shall be limited to the south, north and west sides of any buildings. 5) Buildings shall be setback at least 80 feet from the east property line. 6) The existing fencing along the east property line shall be repaired and damaged screening slats shall be replaced. 7) The existing berm along the eastern property line shall be extended southerly to a point 40 feet south of the north line of the building. The berm shall be no less than 4 feet high. A like berm shall also extend southerly to the south property line along the east property line from a point 20 feet northerly of the south line of the building. 8) A 15 foot landscaped buffer shall extend the full length of the east property line including the area where the berms are located. The buffer area shall include a mixture of shrubs and trees with at least 34 evergreen trees planted no more than 30 feet apart. 9) Landscaping shall be located between any parking lot on the west side of any building and Highway 395. Sixty-five percent of said landscaping shall consist of live vegetation comprised of lawn, shrubs and trees. At least 14 trees shall be provided. A landscaping plan must be approved by the Community and Economic Development Department prior to installation. CONCOMITANT ZONING AGREEMENTPAGE 2 OF 3 10) All areas of the site between any building and the landscaped buffer on the east property line and areas north of any building shall be graveled or otherwise treat to prevent blowing dust and the accumulation of weeds. 11) The existing trees along the east property line must be cleaned by removing of all dead and scraggly material. 12) Exterior lighting on the east side of buildings must be shielded so as to prevent light spillage beyond the east property line. l3) No signage shall be oriented toward the properties to the east. 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: Owner: , C K(L J MAN STATE OF WASHINGTON ) (i_ocit©tivl ) ss. County o€Franklin ) On this th day of , , before me, the undersigned, duly commissioned an sworn, personally appeared qt, CJ46 z !\ /!�wc9�, $I4.,v. to me known to be the individlial(s) described abdv-sand 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. GIVEN, by hand and official seal this q6:4 day of ��-ti�' , N• . .tic in - - •r th State Notary Public r .. 'ngton,r iding at game._ State of Washington TYLER SCOTT FITZGERALD My Appointment Expires Jan 29,2014 * * * * CONCOMITANT ZONING AGREEMENTPAGE 3 OF 3