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HomeMy WebLinkAbout3003 OrdinanceeFelice, Mayor VED T 0 APPR tello, 'City Attorney ORDINANCE NO. 3 0 Q3 AN ORDINANCE relating to zoning and changing the classification of certain real property within the City of Pasco from I-1 (Light Industrial) with a concomitant agreement to C-3 (General Business) with a concomitant agreement THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: Section 1. That the zone classification of the following described real property situated in Pasco, Franklin County, Washington to-wit Lot 2, Short Plat 87-3 as depicted in the map attached hereto and identified as Exhibit "1", be and the same is hereby changed from I-1 (Light Industnal) with a concomitant agreement to C-3 (General Business) with a concomitant agreement, as conditioned by concomitant zoning agreement which is attached hereto and is identified as Exhibit "2" Section 2. That any and all zoning maps be and are hereby amended to conform to the aforesaid zone change Section 3. This ordinance shall be in full force and effect after passage and publication as required by law PASSED by the City Council of the City of Pasco, this of Mc? /TA 1994 Catherine Seaman, Deputy City Clerk 7" r 6 PL. 47 2 f 3 EXHIBIT "1" 300.3 —STREET ST RV, NG 10 IN Iwo !NG ST 33 YAKI MIA 11111111_% !EMI W SHOSHONE 41 SHOSHON E HOPKINS HOPKINS I C I III I I BONNEVILLE 1 CC7L BA MEMORIAL GARDENS INC 19 20 WEST 5O'754 yOLO3t4i P60618 EXHIBIT "2" CONCOMITANT ZONING AGRthmENX 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: (SEE PAGE 2, #5, LEGAL DESCRIPTION) 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. CONCOMITANT ZONING AGREEMENT RECORDED id REOut-)1 C 0 Rksc 0 Pir 14 P4:12 :507°T,54 ZONA 3 LEN! 1 4Q1- FRANALIN rn ,N r 1.NDITOR DEPUTY MAIL TO 0 -F k (7-5 c/Q,k PAGE 1 OF 3 5 W541, /4 50775 4 vo L 0 3 4 1 P6 06 1 9 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: I. The following uses are prohibited: A. Heavy machinery sales and service B. Express offices C. Lumber sales business D. Service stations E. Laundries F. Auto sales and service 5. Legal Description: Lot 2, Short Plat 87-3 The person(s) whose names are subscribed here do hereby, certify that they are the sole holders of fee simple 1 terest in the above-described property: Owne STATE OF WASHINGTON) ) ss. County of Franklin ) On this day personally appeared before me 0,10.4,5 to me known to be the individual(s) who executed the within and foregoing instrument on the lines above th ieir/his typed names and acknowledged they they/he signed the rlE_ as their/his free and voluntary act and deed for the uses and purposes therein mentioned. GI/yen under my hand and official seal this .....-Ip a/al_k_ , 1994. CONCOMITANT ZONING AGREEMENT day of PAGE 2 OF 3 154 ry Public in for t.9 ashington, re ing at /g .,7 tate , n 507754 i . Ye l p 34 I P80 6 2 0 The agent of the corporation whose name is subscribed herein does hereby certify that the corporation is the sole holder of fee simple interest in the above-described property, OWNER: BY: STATE OF WASHINGTON) ) ss. County of Franklin ) On this day personally appeared before me to me known to be the of the corporation that executed the within and foregoing instrument, and acknowledged that said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned and on oath stated that he was authorized to execute said instrument. Given under my hand and official seal this day of , 1994 Notary Public in and for the State of Washington, residing at CONCOMITANT ZONING AGREEMENT PAGE 3 OF 3 507754 PYgr OF O FINANCE DEPARTMENT (509) 545 3401 / Scan 726-3401 / Fax (509) 545-3403 P 0 BOX 293, 412 WEST CLARK, PASCO, WASHINGTON 99301 1111111111 1111111 1 11111111111 1111111111 March 7, 1994 Tn-City Herald P0 Box 2608 Pasco, Wa 99302 Dear Kathy Please publish the attached Ordinance(s) No 3001-3004, and Summary of Ordinance No 3000 on the following date March13, 1994 Please send two (2) Affidavits of Publication for each Thank you, Cathenne D Seaman Deputy City Clerk 545-3402 cds * No attachments or maps included g4 gg a n OR 2 i 1994 tk‘CE 1EPT C/a/Vl.2 LL— SUBSCRIBED AND SWORN BEFORE ME THIS ?- DAY OF kq91 Notary public in and for the State of Wash- ington, residing at RI CHLAND , WA COMMISSION EXPIRES -/5---2:‘ .0 -4Att P 0 BOX 2608 PASCO WASHINGTON 99302 2608 55> PHONE (509) 582 1500 &Heal ADVENTAMtie INVOICE SOLD TO FASCO, CITY OF LEGALS F.O. BOX 237 PASCO WA 971;01 DATE o3/1:/9 LEGAL NO #471 ACCOUNT NO 5 "550 DESCRIPTION 471 ORDINANCE NO 7:00"; A TIMES 001 INCHES 4.40 TOTAL 4 . 4712 IMOTOCE This is an invoice for legal advertising space Please pay from this invoice as no statement will be rendered Please detach at perforation and return with payment AFFilD,Vil'ir' OF PagE3EllOLT1100 COUNTY OF BENTON SS STATE OF WASHINGTON CAROLE IICF ENCIE , being duly sworn, deposes and says, I am the Legal Clerk of the Tn-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publication hereinafter referred to, published countinually as a daily newspa- per in Benton County, Washington That the attached is a true copy of a 471. ORDINANCE NO.. 7007; A as it was printed in the regular and entire issue of the Tn-City Herald itself and not in a supplement thereof, 1 time(s), commencing on 07/13/734 , and ending on 03/17/94 , and that said newspaper was regulary distributed to its subscribers during all of this period 60 LEGALS ORDINANCE NO 3004 AN ORDINANCE relating to zoning and changing the classification of certain real property within the City of Pasco from R-3 (Medium Density Residential) to C-1 (Retail Business) THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS Section 1 That the zone classification of the following descnbed real property situat- ed in Pasco Franklin County Washington to-wit Lot 11 Buck s 2nd Addition as depicted in the map at- tached hereto and identified as Exhibit 1 be and the same is hereby changed from C-1 (Retail Business) to R-3 (Medium Density Residen- tial) Section 2 That any and all zoning maps be and are hereby amended to conform to the aforesaid zone change SectIon,3 Thi -3rdinance shall beT.,--full for arid effect after passage and publication as required by law PASSED by the City Council of the City of Pas this 7 of March 1994 s- Joyce D ice Mayor Attest -s Ca ne Seaman Dep ity Clerk Ap ed As To Form rag Rubstello Attome ORDINANCE NO 3003 AN ORDINANCE relating to zoning and changing the classification of certain real property within the City of Pasco from l-1 (Light Industri- al) with a concomitant agree merit to C 3 (General Busi- ness) with a concomitant agreement THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS Section 1 That the zone classification of the following described real property situat- ed In Pasco Franklin County Washington to wit Lot 2 Short Plat 87-3 as depicted in the map at tached h&—to and identified as Exhibit 1 be and the ,MARCH ,1994 CI) i LEGALS same is hereby changed from I-1 (Light Industrial) with a concomitant agreement to C- 3 (General Business) with a concomitant agreement as conditioned by concomitant zoning agreement which is attached hereto and is Identi- fied as Exhibit 2 Section 2 That any and all zoning maps be and are hereby amended to conform to the aforesaid zone change Section 3 This ordinance shall be in full force and effect after passage and publication as required by law PASSED by the City Council of the City of Pasco this 7 of March 1994 -s- Joyce DeFelice Mayor Attest -s- Catherine Seaman Deputy City Clerk Approved As To Fqrm s- Greg Rubstello City Attorney #471 -3/131Q4 ORDINANCE NO 3001 AN ORDPVANcE 'elating to comprehensive land u planning and amending Community Develo Policy Plan WHEREAS the o City Council did on March 17 1980 adopt by Ordinance No 2143 a Community Develop- ment Policy Plan for the city and WHEREAS the Community Development Policy Plan was intended to be a flexible guide for development and should be periodically re viewed and amended de- pending on conditions In community and WHEREAS the Planning Commission conducted a public hearing on February 24 1994 and following dis- cussion unanimously recom- mended that the land use ele- ment of the Community De- velopment Policy Plan be amended and WHEREAS the responsible official for the State Environ- mental Policy Act has deter- mined the recommend policy plan amendment will not have a probable significant adverse-znpact the quality of the environment and < TRANSACTION REPORT > 03-08-1994(TUE) 08 11 C 1-F2 nnn NJ S Ni I -I- 3 NO DATE TIME DESTINATION STATION PG DURATION MODE RESULT 2874 3-08 08 05 15095821453 12 0°06 12 NORM E OK 12 0°06 12 FOR: TO: FROM: City Council Gary Crutchfiel David I McDobald--Community AGENDA REPORT NO. 23 DATE 3/3/94 ity anager WORKSHOP REGULAR 3/7/94 _ ,, Development Director .1. ' SUBJECT: REZONE I-1 (Light Industrial) with a concomitant agreement to C-3 (General Business) with a concomitant agreement (MF #93-71-Z) I. REFERENCE(S): A Report to Planning Commission dated 2/24/94 B Planning Commission Minutes dated 2/24/94 C Proposed Ordinance and Concomitant Agreement II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No , granting a rezone from I-1(Light Industrial) with a concomitant agreement to C-3(General Business) with a concomitant agreement, on Lot 2 Short Plat 87-3 , as recommended by the Planning Commission III. FISCAL IMPACT: NONE IV HISTORY AND FACTS BRIEF: A. On February 24 1994, the Planning Commission conducted a public hearing to determine whether or not to recommend a rezone from I-1 with conditions to I-1 without conditions for the property described in the attached report B. Following conduct of a public hearing, the Planning Commission reasoned that it would be appropriate to recommend a change in zoning for this particular property, provided it was conditioned by a Concomitant Agreement C No written appeal of the Planning Commission's recommendation has been received V. DISCUSSION: VI. ADMINISTRATIVE ROUTING REPORT TO PLANNING COMMISSION MASTER FILE NO 93-71-Z APPLICANT John Williams HEARING DATE 2/24/94 2331 West "A" street Pasco WA 99301 BACKGROUND REQUEST Rezone from I-1 with conditions to I-1 fewer conditions 1 PROPERTY DESCRIPTION Legal Lot 2 Short Plat 87-3 General Location Between 23rd and 25th avenue on "A" street Property Size 2 4 acres FINDINGS OF FACT 1 ACCESS The site has access from "A" street 2 U'l ILITIES All municipal utilities are available to the site 3 LAND USE AND ZONING The property is currently zoned I-1 with conditions limiting land use to mobile and modular building storage and cemetery use The surrounding properties to the north, south and west are zoned I-1 with the property to the east zoned RMH-1 Land use of the surrounding properties is as follows North- Cemetery South- Residence/Shop East- Mobile Home Subdivision West- Cemetery 4 COMPREHENSIVE PLAN The Comprehensive Plan designates this area as High Density residential Policy 1 1 of the residential element stresses the importance of protecting existing residential neighborhoods while Policy 2 2 of the residential element encourages conversion of non-viable residential distncts 5 ENVIRONMENTAL DETERMINATION This proposal has been issued a determination of nonsignificance in accordance with review under the State Environmental Policy Act (SEPA), Chapter 43 21(c) RCW CONCLUSION The applicant had the property rezoned in 1990 to I-1 from RMH-1 so the mobile/modular home sales lot could be established The ordinance granting the rezone to I-1 contained conditions that limited use to mobile/modular home sales and cemetery uses The applicant has not been able to market the site to potential mobile/modular home dealers due to the lack of highway frontage The other option of cemetery use is not viable at this time due to the financial situation of the cemetery owners Therefore the applicant requested the planning commission review the I-1 limitations and determine what if any other uses could be permitted on the property without determent to the community The I-1 zoning district permits building material storage yards, contractors yards, electrical power stations, assembly plants, laboratories welding shops, manufacturing plants all C-1 and C-3 permitted uses The location , frontage and lot layout are not conducive to the retail and service uses of the C-1 district Some of the C-3 uses which appear to be viable and not detrimental to the surrounding properties are wholesale businesses, warehousing ( including mini-storage), landscape/gardening materials storage and sales area, mobile/modular homes sale lot and veterinarian clinics Several other permitted C-3 uses such as lumber yards, heavy machinery sales and service and auto sales lot would be a determent to the area and/or are not viable Although the property is zoned I- 1 the conditions limiting use really have left the property with a land uses permitted in the C-3 zone Although the area is developed as a mobile/manufactured home subdivision the property is not well suited for this activity due to the narrow portion on the southern half of the lot Considering dedication requirements and setback requirements this 2 4 acre lot might yield 5 lots The Planning Commission must make findings of fact relating to consistency with the comprehensive plan, effect on surrounding properties, merits to the community, the need for conditions to address adverse impacts and whether or not a concomitant agreement should be required The proposal to rezone to I-1 is not consistent with the land use designations of the comprehensive plan but some of the potential uses could be consistent with the policy to provide required support facilities to the residents of the community The effect on the surrounding neighbors needs to be addressed through a land use limitation agreement Conditions should be imposed to address compatibility problems and should be done through a concomitant agreement to assure the conditions remain with the land Considering the facts that this proposal • Would broaden the potential land uses of the property • Could allow viable uses could be established which appear non-detrimental to the surrounding properties Staff recommends the property be rezoned from I-1 with land use conditions to C-3 with land use conditions prohibiting the following uses service stations, laundry, express offices, heavy machinery sales and service, auto sale and service and lumber sales businesses RECOMMENDATION MOTION I move the Planning Commission recommend the City Council rezone Lot 2 Short Plat 87-3 from I-1 with a concomitant agreement to C-3 with a concomitant agreement prolubiting,service stations, laundry, express offices, heavy machinery sales and service, auto sale and service and lumber sales businesses ZONING MAP 17-1EA4: REZONE: I-1 With Conditions to I-1 APPLICANT: John Williams FILE #: 93-71-Z cklirTARE:"" L- 1_1 R I ry-014-21- R-2 0 R -balaGARE RM H R -2 1 C I rn ?M1-.1 2 ••••.0 C I 1 C3 1 C3 visitors and the word change in the definition taking out the word "required" as related to yards The vote was unanimous Staff explained the process, meaning this recommendation would be forwarded to the City Council for action on their March 7, 1994 meeting One gentlemen in the audience questioned staff that he would be leaving for the east coast for a short period of time and did not want to come back and find out he was in violation of this regulations Staff explained it would be possibly a month before the regulation was in place Jim Knox, 423 North Beech, had questions about the action the City Council may take Staff explained the City Council may adopt the ordinance as presented or hold a public hearing to revise the ordinance or send the ordinance back to the Planmng Commission for further study B ZONING I-1 With Conditions to I-1 Without Conditions (MF #93-71-Z) Staff stated notice had been published in the Tn-City Herald and property owners within 300 feet of this site had been notified of this hearing One property owner to the east had telephoned staff with a request that it not be developed for residential uses and the property owners Mr and Mrs Tate to the north, Owners of Columbia Memorial Gardens requested the type of land use allowed there should not detract from the periodic funeral services held at Columbia Memonal Gardens Staff explained the zoning, surrounding land uses and the existing conditions placed upon the property which allow only mobile homes sales and service uses Staff recommended the property be zoned C-3 with the concomitant agreement prohibiting the following uses Service Stations Laundry Express Offices Heavy Machinery Sales and Services Auto Sales and Service Lumber Sales Business Chairman Dietrich opened the public heanng by asking if there was anyone present who wished to speak in favor of this proposal? John Williams, 2331 West "A" Street was present to speak in favor of this proposal He stated he did have a short term tenant on the property selling PAGE 4 mobile homes but wished to broaden the potential use of the property to help market the site Mr Williams stated he was interested in the idea of mini storage but did not want to be locked into one specific land use Chairman Dietrich asked if there was anyone else who wished to speak in favor of this proposal? None were present Chairman Dietrich asked if there was any who wished to speak against this proposal? None were present After some discussion by the Planning Commission, Commissioner Chamberlin moved, seconded by Commissioner Hay based upon the findings of fact that the Planning Commission recommend the City Council rezone Lot 2, Short Plat 87-3 from I-1 with a concomitant agreement to C-3 with a concomitant agreement prohibiting service stations, laundries, express offices, heavy machinery sales and service, auto sales and service, and lumber sales business The vote was unanimous Staff stated the appeal process for all present C REZONE R-3 TO C-1 (MF #94-06-Z) Staff stated that notice had been published in the Tr-City Herald and property owners within 300 feet of the site had been notified of tins hearing Staff did not receive any written or oral correspondence on this matter Staff explained the existing use of a beauty and barber shop was established in 1972 when the property was zoned R-3 In 1982 the zoning changed to make this a non- conforming use and now the applicant is requesting a zone change to bring the use into conformity Staff stressed the fact this change should not be viewed as an encroachment upon residential uses because the use has been in existence for over twenty years Staff did recommend the property be rezoned to bring the land use into conformity with the zoning Chairman Dietrich opened the pubhc hearing by asking if there was anyone present to speak in favor of this proposal? Ruth Locati, owner/applicant, was present to speak in favor of this proposal? Ms Locati requested the property be rezoned to be brought into conformity with the zoning so when the property is sold the non-conformity issue will not cloud the sale , Chairman Dietrich asked if there was anyone else present who wished to speak in favor of this proposal? PAGE 5