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HomeMy WebLinkAbout1985 Ordinance - RecordedI,) a�4zs2 ORDINANCE NO. 1985 Q, AN ORDINANCE relating to zoning and changing the zone classification of certaill real property within the City of Pasco from R-1 Low Density Residential to C-1 Retail Business as conditioned by Concomitant Zoning Agreement. THE CITY COUNCIL OF THE CITY OF PASCO DOES ORDAIN AS FOLLOWS: Section 1. That the zone classikication of the following described real property situated in Pasco, Franklin County, Washington, to -wit: Lot 14 and the west half of Lot 15, Buck's Second Addition, according to plat thereof recorded in Volume "B" of plats, page 74, records of Franklin County, Washington, as depicted in the map attached hereto and identified as "Exhibit 1", be and the same is hereby changed from R-1 Low Density Residential to C-1 Retail Business as conditioned by the concomitant agreement which is attached hereto and is identified as "Exhibit 2". Section 2. That any and all zoning maps be and are hereby amended to conform to the aforesaid zone change. Section 3. That this ordinance be in full force and effect after its passage and publication as required by law. PASSED by the Council of the City of Pasco this 5th day of September , 1978. / Chet Bailie, Mayor ATTEST• BC?BFrt �d vo �F OF" 1'C;AL REC-OR99 , wes, Clerk.'.s -Repres-entative 3�� E0!! C's, {,.m APPROVED AS TO FORM: L y 1H C.s FE atrick T. Roach, Acting City Attorney DEPUTY s? 11. TO: �o X o?93F 9y� � (Weisenberger Rezone) 384251 i fes• : ; : = f • • ., � �.' � • . «• �• .. , 0000 • • ' M 06 � _ M W M Z W Q 5 ' BROWN 3�8�251 7.. N, "'.' 50' 48.75' CART MELto :: r� 0.00 >• • , 0000 »•• 0000 0••0 : t,••• .. 59.8' • •..• 33.9' :s 16 N - • xK ZD 0 t I N 50 - Rezone ('78- I(o'-J4) 59.8! 5 7.25' 5 40. 12 I' M 57.13 5.4 5 ' BROWN 3�8�251 45° 7.. N, "'.' 50' 48.75' 50' .. :: r� 0.00 >• • , 0000 »•• 0000 0••0 : t,••• .. ••• 0.00 ••• ••• f' • •..• :s 16 N - • xK ZD 0 t I 45° 7.. ' 25.5 50' :: r� 0.00 >• • , 0000 »•• 0000 0••0 : t,••• .. ••• 0.00 ••• ••• f' • •..• 16 50 Rezone ('78- I(o'-J4) :384251. 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 jursidiction; and WHEREAS, the Owner(s) ofcertain property has 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 Polic-y.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: Lot 14 and the west half of Lot 15, Buck's Second Addition, -� according to plat thereof recorded in Volume "B" of Plats, page 74, records of Franklin County, Washington. WHEREAS, the Owner(-&) ha.s 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 this � agreement in the event the City, as full consideration herein, grants C 11 a rezpone of the above-described property. 13842'51- -2- 3842,51 2. The Owner agrees to perform the terms set forth in Section 4 of this agreement (choose one) (a) within 6 (') (months) of the'date of this agreement; -(b) prior to occupancy of any building constructed on the above-described property; (c) prior to the issuance of any building permit for this construction on this property; (d) (stated other specified time period). I 3. This agreement shall be binding on the heirs assigns, j grantees or successors in interest of the Owner(s) of the property herein described. 4. Conditions: A. Use of the property is specifically limited to off-street parking; B. Ingress from and egress to Brown Street is specifically prohibited for commercial use; C. A strip of land at least eight (8) feet in width shall be provided along the south and east edges of the parking area and shall be planted with evergreen hedge of sufficient depth and height as to provide a sight- obsuring screen within two (2) years of planting. D. A walk-in freezer box and a refuse container shall be permitted provided both are sufficiently screened. M Cn L3 a .fit 3842,5.. k r. ' • � k r -3- 384251 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.' Owners: STATE OF WASHINGTON) :ss. County of Franklin ) On this day personally appeared before me ��p Q �%rl �j4- s-�•Y.10 to me known to be the individua (s) who e ecuted the within and foregoing instrument on the lines above their typed names and acknowledged that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. Given under my hand and official seal this day ofA-LAS Lk 197. Qy��= Notary Public in and for the State of Washington, residing at A -S co tiCo ..? 'gent 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: By: 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. 197 Given under my hand and official seal this day of Notary Public in and for the State of Washington, residing at