HomeMy WebLinkAbout3680 OrdinanceORDINANCE NO. 3 U $6
AN ORDINANCEOF THE CITY OF PASCO, WASHINGTON, AMENDING THE
ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED IN THE
NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 9 NORTH, RANGE 30 EAST
FROM "O" (OFFICE) TO C-1 (RETAIL BUSINESS) WITH A 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 in that the
neighborhood has shifted from agricultural functions to a residential area and (D) the request for
change in zoning classification is categorically exempt under the Washington State
Environmental Policy Act, 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 "O"
(Office) to C-1 (Retail Business) to for the real property as shown in the Exhibit "1" attached
hereto and described as follows:
The east 68 feet of Lots 2 all of Lot 3 and the west 55 feet of Lot 4, Block 16 Stadium
Park Addition.
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Section 2. That the change of a zoning classification as provided in Section 1 is
contingent, and conditioned upon 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 1 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 publications required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this 2nd day of August 2004.
Michael L. Garr' on
Mayor
ATTEST:
Sandy L. worthy
Deputy City Clerk
APPROVED AS TO FORM:
t
Leland B. Kerr
City Attorney
Exhibit # "1"
Rezone Ord. # 3(a�o
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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:
(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-1 (Retail 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. Development shall comply with the following requirements:
1) The following uses shall be prohibited: automotive repair and
related activities, upholstery shops, taverns, billiard and pool
halls, membership clubs and amusement game centers.
2) All buildings built on the property must conform to the I-182
design standards.
5. Legal Description:
The east 68 feet of Lots 2 all of Lot 3 and the west 55 feet of Lot 4, Block
16 Stadium Park Addition.
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:
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
, 2004.
hand and official seal this day of
Notary Public in and for the State
of Washington, residing at
CONCOMITANT ZONING AGREEMENTPAGE 2 OF 2