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