HomeMy WebLinkAbout4193 OrdinanceORDINANCE NO. "1 ICI 5
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE
ZONING CLASSIFICATION OF PROPERTY LOCATED IN THE HERITAGE
INDUSTRIAL AREA SOUTH OF "A" STREET WEST OF ROAD 40 EAST FROM I-1
(LIGHT INDUSTRIAL) TO I-2 (MEDIUM INDUSTRIAL).
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 I-1 (Light Industrial) to I - 2 (Medium Industrial) for the real property as
shown in the Exhibit "1" attached hereto and described as follows:
The NE 1/4 of Section 33, T9N, R29E, WM except the northerly 330 feet thereof and Lot
4, Binding Site Plan 2010-02, together with the NE 1/4 of the SE 1/4 of Section 33, T9N,
R29E, WM lying northerly of the railroad right-of-way together with the SE 1/4 of the NW
1/4 of said Section 33, less that portion for the NPRR right-of-way, Except that portion
described in Auditors File #523713; and NW 1/4 of the SE 1/4 of said Section 33, Except
the SP & S right-of-way and the N 1/2 of the N 1/2 of the SW 1/4 of Section 34, T9N, R30E,
W.M.
(Parcel #'s 112540019, 112470014, 112510060, 112430021, 112530053 & 112510079)
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".
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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 1 st day of December, 2014.
Matt Watkins, Mayor
A TEST:
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APPRO ED AS TO FORM:
Leland B. Kerr, City Attorney
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:
The NE 1/ of Section 33, T9N, R29E, WM except the northerly 330 feet thereof and Lot
4, Binding Site Plan 2010-02, together with the NE 1/ of the SE 1/ of Section 33, T9N,
R29E, WM lying northerly of the railroad right-of-way together with the SE 1/ of the
NW 1/ of said Section 33, less that portion for the NPRR right-of-way, Except that
portion described in Auditors File #523713; and NW 1/ of the SE 1/ of said Section 33,
Except the SP & S right-of-way and the N 1/ of the N 1/ of the SW 1/ of Section 34, T9N,
R30E, W.M. (Parcel # 112540019, 112470014, 112510060, 112430021, 112530053 &
112510079)
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 I-1 (Light
Industrial) to 1-2 (Medium Industrial) 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.
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4. Conditions:
Exhibit 2
A. The following Permitted and Conditional Uses in the Medium Industrial
District are prohibited:
1) Slaughterhouses and stockyards;
2) Cement manufacturing;
3) Distillation of bones;
4) Fat rendering;
5) Garbage, offal, or dead animal reduction or dumping;
6) Race tracks and courses for the conduct of seasonal or periodic racing;
7) Junk yards, automobile wrecking yards and scrap iron yards;
8) Asphalt or concrete batch plant;
B. The following uses are permitted with restrictions as indicated:
1) Scrap paper and rag storage, sorting and bailing shall only be permitted
if such activity occurs within a building.
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:
STATE OF WASHINGTON )
ss.
County of Franklin )
Owner:
On this day of , 2014, before me, the
undersigned, duly commissioned and sworn, personally appeared
to me known to be the
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.
GIVEN under by hand and official seal this day of
.2014.
Notary Public in and for the State
of Washington, residing at
5
Exhibit 2
STATE OF WASHINGTON )
ss.
County of Franklin )
On this day of , 2014, before me, the
undersigned, duly commissioned and sworn, personally appeared
to me known to be the
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.
GIVEN under by hand and official seal this day of
, 2014.
Notary Public in and for the State
of Washington, residing at
Owner:
STATE OF WASHINGTON )
ss.
County of Franklin )
On this day of , 2014, before me, the
undersigned, duly commissioned and sworn, personally appeared
to me known to be the
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.
GIVEN under by hand and official seal this day of
.2014.
Notary Public in and for the State
of Washington, residing at
M