HomeMy WebLinkAbout4348 OrdinanceORDINANCE NO. 433/8
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, REZONING LOTS 2 AND 3 SHORT
PLAT 2010-08 FROM C-1 (RETAIL BUSINESS) TO C-3 (GENERAL BUSINESS) WITH A
CONCOMMITANT 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, during the hearing process the Planning Commission adopted findings supporting
a change of zoning and that said findings contained within the Memo to the Planning Commission under
Master File # 2016-005 are hereby adopted by the Pasco City Council; 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 R - 1 (Retail
Business) to C-3 (General Commercial) for the real property as shown in the Exhibit "1" attached hereto
and described as follows:
Lot 2 & 3, Short Plat 2010-08
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.
Passed by the City Council of the City of Pasco this I' day of May, 2017.
Matt Watkins, Mayor
ATTEST: 4 APPRO AS TO FORM:
Sandy Kenw61hy, Interim City CI k Leland Kerr, City Attorney
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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 I1 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 2 & 3, Short Plat 2010-08
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-3
(General 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. Land uses shall be limited to those permitted under the "O" Office
District and the C -I Retail Business District plus the rental of domestic
trucks and trailers not exceeding 26 feet in length.
B. No more than 12 rental vehicles are permitted on-site per day.
C. All other C-3 uses are prohibited.
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:
M�1 f1a.
Owner:
STATE OF WASHINGTON)
ss.
County of l=ranWi» )
Vit
On this day �w day of AomO 2017, before me,
the undersigned, duly commissio.ned��a jjj personally appeared
SIo�t�� S to
me known to be the individual(s) describdd 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
2017.
P ,
Notary Public in and for the State
of Washington, residing at ZtUA / N€ , 4* SF-iu'7
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CONCOMITANT ZONING AGREEMENTPAGE 2 OF 3