HomeMy WebLinkAbout4440 Ordinance - Not Recorded OriginalORDINANCE NO. LI Li 40
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON REZONING ONE
PARCEL ALONG CHAPEL HILL BOULEVARD FROM C-1 (RETAIL BUSINESS) TO C-3
GENERAL BUSINESS) 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) to C-3 (General Business) for the real property as shown in the Exhibit
1" attached hereto and described as follows:
Loviisa Farms II Phase 6 Tract "A" (APN #118010147)
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 day of
32019.
Matt Watkins, Mayor
ATTEST:
Cit Cl OkLP
APPROVED AS TO FORM:
5Kerr;F son Law Group
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:
Loviisa Farms H Phase 6 Tract "A" (APN #118010147)
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: The following design standards are required:
1. Uses shall be restricted to the following:
a. All uses allowed in the "O", C-1, and C-2 Zoning district
b. Retail/wholesale Business uses with I -182 -compatible retail
storefronts intended for small-scale retail/wholesale sales and
distribution, including
i. Microbreweries; and
ii. Warehouse uses limited to recreational/indoor sports
uses;
2. Any and all future improvements shall comply with the development
regulations as contained in PMC 25.130 1-182 Corridor Overlay District."
3. Any and all business vehicles shall be stored inside building or off-
site.
4. Single user not to exceed 10,500 sf.
5. Under no conditions will lay down yard, fenced storage or any type of
exterior/open air storage be allowed.
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:
YES PROPERTIES, LLC
ST TE OF WASHINGTON )
ss.
County of Franklin )
On this 14th day of June, 2019, before me, the undersigned, duly commissioned and sworn,
personally appeared John A. Ramsey for Yesmar Properties,LLC, 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 14th day of Lune, 2019.
ROB ELLSWORTH
Notary Public
State. of Washington
My Appointment Expires
Sep 6, 2021
C42-
NotaryPublic in and for the State of Washington
Residing at Kennewick. WA.
My Commission Expires 9.6.21