HomeMy WebLinkAbout4353 Ordinance - RecordedFRANKLIN COUNTY RECORDING
COVER SHEET
NAME AND RETURN ADDRESS:
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DOCUMENT TITLE(S) (or transaction contained therein)
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GRANTEE(S) .
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LEGAL DESCRIPTION (Abbreviated: ie.lot, block, plat or section, township, range)
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AUDITOR'S REFERENCE NUMBER(S)
AFN # 1869961 ORD
11/02/2017 01:37 PM
6 Page(s) $79.00
Matt Beaton, Auditor
Franklin Co .. WA
ASSESSOR'S PROPERTY TAX PARCEL NUMBER
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The Auditor/Recorder will rely on the information provided on this form. The staff will not read the
document to verify the accuracy or completeness of the indexing information
WHEN RECORDED PLEASE RETURN TO:
City of Pasco
Attn: City Planner
525 North 3rd
Pasco, WA 99301
ORDINANCE NO. Lf 353
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, REZONING LOT 2, SHORT
PLAT 2008-06 FROM C-1 (RETAIL BUSINESS) TO C-3 (GENERAL BUSINESS) WITH A
CONCOMMITANTAGREEMENT.
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, during the hearing process the Planning Commission adopted findings
supporting a change of zoning and that said findings contained within the Memo to the Planning
Commission under Master File# 2017-001 are hereby adopted by the Pasco City Council; 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, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, W ASIDNGTON 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 Commercial) for the real property as
shown in the Exhibit "I" attached hereto and described as follows:
Lot 2, Short Plat 2008-06
Section 2. That the change of the zoning classification as provided in Section 1 is
contingent, and conditioned upon the execution and compliance with a Concomitant
Agreement entered into between the Petitioner and the City which will attach to and run
with the real property described in Section I above. Said Concomitant Agreement is
attached to this Ordinance as Exhibit No "2".
Section 3. 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 5th day of September, 2017.
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Matt Watkins, Mayor
Exhibit Item: Rezone from C-1 to C-3 N
Applicant: Terry Blankenship 1'
#1 File#: Z 2017-001 ~
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"Exhibit# 2"
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:
Lots 2, Short Plat 2008-06
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:
I. 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 uses are prohibited:
I) Trucking facilities and storage yards, 2) Heavy machinery sales and
service, 3) Landscape gardening and storage areas, 4) Automobile sales and
service (service related to the sales), 5) Lumber sales businesses, 6) Mobile
home and trailer sales and services including RV sales, 7) Auto Body shops
and 8) Contractor storage yards.
The person(s) whose names are subscribed herein do hereby certify that they are the
sole holders of fee simple interest in the above-desc · ed property:
Owner: -----------------
STATE OF WASHINGTON)
) ss.
County of Franklin )
On this ZS thday of "~o.rt-, 2017, before me,
the ~ersigncid, uly commissioned ana sworn, personally appeared
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me known 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.
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CONCOMITANT ZONING AGREEMENTPAGE 2 OF 3