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
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EXHIBIT "1"
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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
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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
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50775 4
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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
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507754
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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
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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