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4274 Ordinance
ORDINANCE NO. (42—T1/ - AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,REZONING A PORTION OF LOTS 5 AND 6, SHORT PLAT 2003-21 FROM R-4(HIGH-DENSITY RESIDENTIAL)TO C-1 (RETAIL BUSINESS)AS CONDITIONED WITH A CONCOMITANT AGRREEMENT LIMITING DRIVEWAY LOCATIONS. 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 Planning Commission developed findings as a part of the hearing record and said findings are hereby adopted by the City Council; 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 R- 1 (Medium-Density Residential) for the real property as shown in the Exhibit "1"attached hereto and described as follows: Lot 5 & 6, Short Plat 2003-21; Except the westerly 146 feet thereof. 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". Passed by the City Council of the City of Pasco this 7th day of March,2016. Matt Watkins,Mayor A TES : APPROVED AS TO FORM: Aik �` .r. . lar, City ' el. • :.Kerr, City Attorney ��! i ` EXHIBIT 1 LOT ApARTMENtS STONE GATE R4 ,, I 1 1' EX 10'PUBLIC UTILITY EASEMENT 1 `, pLAT 9003-21 1592) EX 5'WATER EASEMENTUNE —. 1 _ SHOEI STHORT PATS/ 1 1\1 0 (VOL 15'SANITARY SEWER ....___„ . LOT5 EASEMENT , ,X \ 11 PROPOSED 1 11 LOT 4 C-1 \ 11 ., 10,R ' L..-_-_ - 146' 2.02 ACRES X \1 R4ik J -- — — 1 1 11 1 11 ORIGINAL LOT LINES PBR LOTS 2 1 1 1l1 SHORT PLAT No.2003-2 -• 1 11 1 L o o v� I j THREE RIVERS DRIVE o I t GoLpeo IA pHASE II I p UNCI C-/ R-3 i - LEGEND a ZONE CHANGE EXHIBIT 0 EXISTING R-4 HIGH DENSITY RESIDENTIAL COLUMBIA VILLAS PHASE III PROPOSED C-1 RETAIL BUSINESS PASCO, WASHINGTON SCALE:1'=$0' DECEMBER 21,2015 "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 5 & 6, Short Plat 2003-21 except the westerly 146 feet thereof 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-1 (Retail Business) 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: A. Only one driveway is permitted on Three Rivers Drive. Said driveway shall not be located closer than 210 feet from the Road 68 right-of- way; B. Only one driveway is permitted is permitted on Road 68. Said driveway shall not be located closer than 210 feet from the Three Rivers Drive right-of-way; 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: ffb' S LI.0 Owner:__AW!, STATE OF IDAHO) ss. County of KOOTENAI) On this J`7 day of Maf-CV) , 2016, before me, the undersigned, duly commissioned and sworn, personally appeared 9\1 _ _ _ a _ 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 m(lWh , 2016. W 1 1„11,,, ,"N: %.*Ch'qp 4 • to p•TAAY • /Jill 100 i1i J) a " C z. t Public in and fo e State of Idaho, residing at I j�U * * * * 6Weatm. 17 a©al CONCOMITANT ZONING AGREEMENTPAGE 2 OF 3