HomeMy WebLinkAbout3615 Ordinance - Recorded 1631861
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PRSCO CITY OF ORD 26.00 Fora nk I i 20 o, WA:44A
ORDINANCE NO. ��
AN ORDINANCE of the City of Pasco, Washington, Amending the
Zoning Classification of Certain Real Property
Located in the southeast quarter of Section 9,
Township 9 North, Range 29 East, W.M., from RT
(Residential Transition) to C-1 (Retail Business).
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, there are conditions which should be imposed in order to
mitigate any potential significant adverse impacts from the requested change of
zoning classification on the surrounding vicinity justifying a Concomitant
Agreement including terms restricting certain land uses; 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 utilities necessary to serve residential development on these properties
have now been designed and will be extended to the 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:
1631861
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09/17/2003 08:44A
PASCO CITY OF ORD 26,00 Franklin Co: WA
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 RT (Residential Transition) to C-1 (Retail Business)
for the real property as shown in the Exhibit "1" attached hereto and described
as follows:
That portion of the north half of the Southeast quarter of Section 9,
Township 9 North, Range 29 east W.M., lying West of Road 68 right-of-way,
records of Franklin County, Washington EXCEPT Roads.
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. 42".
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 7th day of April, 2003.
C
Michael L. Garrison
Mayor
ATTEST: APPROVE TO FORM
Catherine D. Seaman Lelan err
Deputy City Clerk Cit ttorn
1631861
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PASCO CITY OF ORD 26.00 Franklin Co, WA
Exhibit, # " 1 "
Rezone Ord . # 3C� l
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PRSCO CITY OF ORD 26.00 Franklin Cc, WA
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.
CONCOMITANT ZONING AGREEMENT PAGE 1 OF 2
1631861
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09/17/2003 08:44A
PASCO CITY OF ORD 26.00 Franklin Co, 4A
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. The following uses shall be prohibited:
1) Taverns;
2) Billiard/Pool Halls:
2) Membership Clubs;
4) Amusement Game Centers;
5. Legal Description:
The west 300 feet of the north 500 feet of the Southeast quarter of Section 9,
Township 9 North, Range 29 east W.M., records of Franklin County, Washington.
The person(s) whose names are subscribed herein do hereby certify that they
are the sole holders of fee simple interest in the above-desgri4ed propert
Mayor:
STATE OF WASHINGTON)
) ss.
County of Franklin)
On this day personally appeared before me;/nfaoa Garr/Sarno me known to be
the Mayor of the City of Pasco who executed the within and foregoing instrument on
the lines above as his free and voluntary act and deed for the uses and purposes
therein mentioned.
Given under my hand and official seal of� day of 0 , 2003.
otary Public in d for the State
of Washington, residing at ✓�
0TAgy Ln
"UBUG 2
h p
G�r2o. 2 G~
OF WASN��
CONCOMITANT ZONING AGREEMENT PAGE 2 OF 2
1631861
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pRSCO CITY OF ORD 26.00 FFra nklin Co. WA 08
CONCOMITANT ZONING AGREEMENT
WHEREAS, the City of Pasco, Washington, a non-charter code city, under the
laws of the State of Washington (Chapter 35A.53 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.
CONCOMITANT ZONING AGREEMENT PAGE 1 OF 3
1631861
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PASCO CITY OF ORD 26.00
1111111109/17/2 a eC0o, 0$:44R
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. The following uses shall be prohibited:
1) Taverns;
2) Billiard/Pool Halls:
2) Membership Clubs;
4) Amusement Game Centers;
S. Legal Description:
The west 300 of the north half of the Southeast quarter of Section 9,
Township 9 North, Range 29 east W.M., lying West of Road 68 right-of-
way, records of Franklin County, Washington EXCEPT Roads AND
EXCEPT the north 500 feet thereof.
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:
3
Owner:
STATE OF WASHINGTON)
) ss.
County of Franklin) /}
On this day personally appeared before me C12 Ole V4 le
to me known to be tlYe indiv duals) who
executed the within and foregoing instrument on the lines above as his/her/their free
and voluntary act and deed for the uses and purposes therein mentioned.
Given > l �hand and official seal of 0 day of { , 2003.
cps a ,
•`�►;�'� Fa: Notary Public in and for the ate
N0TAF?Y I I of Washington, residing at -� .
PUBLIC :'fl
0 fall
CONCOMITANT ZONING AGREEMENT PAGE 2 OF 3
1631861
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09/17/2003 08:44A
PASCO CITY OF ORD 26.00 Franklin Co, WA
Owner:
STATE OF WASHINGTON)
ss.
County of Franklin)
On this day personally appeared before me �C"�- G cfiv
to me known to b the individual(s) who
executed the within and foregoing instrument on the lines above as his/her/their free
and voluntary act and deed for the uses and purposes therein mentioned.
Given under my hand and official seal of da of r , 2003.
4xfci ,� Notary Public in and for the State
,•`�PS A° /�' of Washington, residing at
NON
TA
Y -
pt1BLIC ;2:
,yam . �, �, ,•,�o
CONCOMITANT ZONING AGREEMENT PAGE 3 OF 3