HomeMy WebLinkAbout1985 Ordinance - RecordedI,)
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ORDINANCE NO. 1985
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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,
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APPROVED AS TO FORM: L y 1H
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atrick T. Roach, Acting City Attorney DEPUTY
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: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
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a rezpone of the above-described property.
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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).
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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.
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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)
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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
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'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)
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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