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HomeMy WebLinkAbout4422 Ordinance ORDINANCE NO. 4---/Z2' AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON REZONING PARCELS #113884138, 113883031, 113883040, AND 113883022 FROM C-1 (RETAIL BUSINESS) AND RT (RESIDENTIAL TRANSITION) TO C-3 (GENERAL COMMERCIAL) WITH RESTRICTIONS AS CONTAINED IN THE CONCOMITANT 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, 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 which 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) and RT (Residential Transition) to C-3 (General Commercial) with restrictions as contained in the concomitant agreement, as shown in Exhibit "1" attached hereto for the real property as shown in Exhibit "2" attached hereto and described as follows: Lot 1: That portion of Block 9, Washington Addition to Pasco, according to the Plat thereof recorded in Volume B of Plats, Page 54, AND that portion of vacated Butte Street right of way and Missoula Street right of way vacated by City of Pasco Ordinance 3996, recorded under Auditor's File number 1763039, records of Franklin County, Washington, described as follows: Commencing at the southeast corner of Lot 17 of said Plat; Thence, along the south line of said Block and coincident with the north right of way margin of East A Street,South 89°43'56"West, a distance of 250.32 feet to the southwest corner of Lot 16 of said Plat, in said block, which point is also on the east right of way margin of Heritage Boulevard;Thence, along the west line of said Block and coincident with said east right of way margin, North 0048'40" West, a distance of 230.00 feet to the TRUE POINT OF BEGINNING; Thence continuing along said east right of way margin and said Block, North 00°48'40" West, a distance of 190.00 feet to the northwest corner of Lot 1 of said Block 9, which point is on the south right of way margin of said vacated Butte Street; Thence continuing along said east right of way margin, North 00°48'40" West, a distance of 40.00 to the centerline of said vacated Butte Street; Thence, along said centerline, North 8943'59" East, a distance of 289.88 feet to the centerline of said vacated Missoula Street; Thence, "Exhibit # 1" 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: Lot 1: That portion of Block 9, Washington Addition to Pasco, according to the Plat thereof recorded in Volume B of Plats, Page 54,AND that portion of vacated Butte Street right of way and Missoula Street right of way vacated by City of Pasco Ordinance 3996, recorded under Auditor's File number 1763039, records of Franklin County, Washington, described as follows: Commencing at the southeast corner of Lot 17 of said Plat; Thence, along the south line of said Block and coincident with the north right of way margin of East A Street, South 89°43'56" West, a distance of 250.32 feet to the southwest corner of Lot 16 of said Plat, in said block, which point is also on the east right of way margin of Heritage Boulevard;Thence, along the west line of said Block and coincident with said east right of way margin, North 0048'40" West, a distance of 230.00 feet to the TRUE POINT OF BEGINNING; Thence continuing along said east right of way margin and said Block, North 00°48'40" West, a distance of 190.00 feet to the northwest corner of Lot 1 of said Block 9, which point is on the south right of way margin of said vacated Butte Street; Thence continuing along said east right of way margin, North 00°48'40" West, a distance of 40.00 to the centerline of said vacated Butte Street; Thence, along said centerline, North 8943'59" East, a distance of 289.88 feet to the centerline of said vacated Missoula Street; Thence, along the centerline of said Missoula Street, South 00°52'00" East, a distance of 230.00 feet; Thence, leaving said centerline, South 89°43'56" West, a distance of 40.00 feet to the east line of Lot 25 of said Block 9; Thence, continuing South 89°43'56" West, a distance of 250.10 feet to the TRUE POINT OF BEGINNING. Lot 2: lots 1 thru 24 & lots 27 thru 32, block 10, Washington add together with vacated streets and alleys adjacent per Ordinance #3996 Lot 3: lots 25 & 26, block 10, Washington add together with vacated streets and alleys adjacent per Ordinance #3996 Lot 4: Washington add all Block 7 together with vacated streets and alleys adjacent per Ordinance #3996 WHEREAS, the Owner(s) have indicated willingness to cooperate with the City of Pasco, its Planning Commission and Planning Department to ensure 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. A buffer consisting of a 6' tall architectural block wall, along with 10' of landscaping to be placed on the residential side of the wall as per PMC 25.75.040 shall be installed between all residential zoning districts and all C-3 uses. B. The following uses shall be prohibited within 300 feet of any residential district: a. Carwashes; b. Wineries as defined under 25.12.480; c. Dance halls and nightclubs; d. Trucking, express and storage yards; e. Heavy machinery sales and service; f. Warehouse; Concomitant Agreement PAGE 2 OF 3 g. Landscape gardening and storage area for equipment and materials; h. Automobile sales and service; i. Mobile home and trailer sales and service; j. Lumber sales business; k. Contractor' s plant or storage yard C. All uses permitted as conditional uses under PMC 25.46.040 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: Owner: Owner: STATE OF WASHINGTON) ) ss. County of Franklin On this day of , 2019, 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 , 2019. Notary Public in and for the State of Washington, residing at Concomitant Agreement PAGE 3 OF 3 w 'OD VZ321D--- z . Q ,- ,,____ J� H '.Q . .., W. J 414'` Nl VlINVZNVW N -ate O. ti 1 vD - II- Ifl ti) - a W - M — U 71° o ff4 - - - U 3 = o (1) C4 --- .A' anis VlIb3H ° o4 C4 3 O 0 00 W O villiVillil 1(7.1 .- Nz u >3AV VaNOJVNV U N ' I W o ^~ W cc �. N lr �; Q GL NOIiVi-- NOSIOd 0 a' E � • A J ~ J U .,-4 NWa ur = _ � u , CO ., k ,T)r I F ~ - JW W W ~ - ' 4 W 5 2 o along the centerline of said Missoula Street, South 00°52'00" East, a distance of 230.00 feet; Thence, leaving said centerline, South 89°43'56" West, a distance of 40.00 feet to the east line of Lot 25 of said Block 9; Thence, continuing South 89°43'56" West, a distance of 250.10 feet to the TRUE POINT OF BEGINNING. Lot 2: lots 1 thru 24&lots 27 thru 32, block 10,Washington add together with vacated streets and alleys adjacent per Ordinance #3996 Lot 3: lots 25 &26, block 10, Washington add together with vacated streets and alleys adjacent per Ordinance#3996 Lot 4: Washington add all Block 7 together with vacated streets and alleys adjacent per Ordinance#3996 Section 2. 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/W7day off/z'i 1 , / _J 2019. Matt Watkins, Mayor ATTE. APPROVED AS TO FORM: Dant'a sic`a n, i erk Lela so?."'"-rr, City Attorney