HomeMy WebLinkAbout3941 Ordinance - Recorded Zona G.Lenhart,Auditor.Franklin County,WA.
AFN#1742136 Recorded 11!04!2009 at 1;1E AM
OROIN 6 Page(s)Filing Instrument i67.do
Recorded at the request of:PASCO CITY OF
WHEN RECORDED PLEASE RETURN TO:
City of Pasco
Attn: City Planner
525 North 3rd Ave
Pasco,WA 99301
ORDINANCE NO. J 1 r
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,AMENDING THE
ZONING CLASSIFICATION OF LOT 2 AND THE WESTERLY 50 FEET OF LOT 1,
BLOCK 1 CLINE ADDITION FROM R-1 (LOW DENSITY RESIDENTIAL) 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, 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 R-1
(Low Density Residential) to C-1 (Retail Business) for the real property as shown in the
Exhibit"1" attached hereto and described as follows:
Lot 2, Block 1 Cline Addition together with the westerly 50 feet of Lot 1, Block 1 of
said plat.
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 publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as provided by
law this 2"d day of November 2009.
We on
or
ATTEST; APPROVED AS TO FORM:
Leland B. Kerr
City Clerk 4ero 7 City Attorney
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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:
(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:
1) The development shall comply with the following requirements:
1) Carwashes are prohibited.
5. Legal Description:
Lot 2, Block 1 Cline Addition together with the westerly 50 feet of Lot 1 of
said plat.
The person(s) whose names are subscribed in do hereby certify that they
are the sole holders of fee simple interest in the ab ed property:
c
Owner: _�-
Signature: � won f�WL'-
STATE OF WASHINGTON)
)ss.
County of Franklin)
On this day, erso ally appeared before me bo(ACAIj i .I.) to me
known to be the of the partnership 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 hand and official seal of day of �@ , 2009.
Notary Public Notary Pfiblic in and for the State
State of Washington
ANGELA R. PITMAN of Washington, residing at (,u I Oi�
MY COMMISSION EXPIRES
August 25.2011
-. Owner: /
Signature: 1 r�Z
STATE OF WASHINGTON)
)Ss.
County of Franklin)
On this day erso ally appeared before me /'e`L� (�aoo��//'^ to me
known to be the ,�..e�_ of the partnership 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 hand and official seal of �day of Owl u�/ � , 2009.
Notary Public
State of Washington Notary Pu lic in and for the St to
ANGELA R. PITMAN of Washington, residing at��
MY C Aug�ls 25�0,FIRES
CONCOMITANT ZONING AGREEMENT PAGE 2 OF 3
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Owner: �. ea�'� lr000�win
Signature:
STATE OF WASHINGTON)
ia�cLi1�(�atly, ) ss.
County ofFgrmtk4m4
t
On this day p sonally appeared before me �- ° C 5 C�cXJd�)frl to me
known to be the M-tb Y, of the partnership 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 hand and official seal of Z.6VIi day of Qdm koA-r- , 2009.
05�•�,SChyy.,
�c Notary Public in and for the State
a?0 ,y9 . of Washington, residing at 0cLl(aj& i�
ec
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CONCOMITANT ZONING AGREEMENT PAGE 3 OF 3