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HomeMy WebLinkAbout1987 Ordinance - Failed 09.05.19789 S � ORDINANCE NO. 1987 f AN ORDINANCE relating to zoning and changing the zone classification of certain real property within the City of Pasco from R-2 Medium Density Residential to R-3 High Density Residential as conditioned by concomitant zoning agreement. THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: Section 1. That the zone classification of the following described real property situated in Pasco, Franklin County, Washington, to -wit: Lot 12, Block 3, Gantenbein's Addition to Pasco, according to plat thereof recorded in Volume "B" of plats, page 17, together with the south 10 feet of the vacated alley ajoining the north line of said Lot.12, and vacated east 10 feet of South 7th Avenue adjoining said Lot 12, in Franklin County, Washington, as depicted in the map attached hereto and marked as Exhibit "l", be and the same is hereby changed from R-2 Medium Density Residential to R-3 high Density Residential as conditioned by the concomitant zoning agreement which is attached hereto and marked as Exhibit "2". Section 2. That any and all zoning maps be and the same are hereby amended to conform to the aforesaid zone change. Section 3. This Ordinance shall 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 day of , 1978. Chet Bailie, Mayor ATTEST: Evelyn Wells, Deputy City Clerk APPROVED AS TO FORM: Patrick T. Roach, Acting City Attorney (Parke Rezone) 41C M oil 1i 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 aut':nrity 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) of certain property has applied for a rezv,.e,..,)f such property described below within the City's jurisdiction; and WHEREAS, the City pursuant to R.C.W. 43.12(c), the State Environmental Police Act, should mitigate any adverse impacts which j;ight 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 Pasw described as follows: LOT 12, BLOCK 3, GANTENBEIN'S ADDITION TO PASCO, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME "B" OF PLATS, PAGE 17, TOGETHER WITH THE SOUTH 10' OF THE VACATED ALLEY ::;ADJOINING THE NORTH LINE OF SAID LOT 12, AND VACATED EAST 10' OF 7th STREET ADJOINING SAID LOT 12,.IN FRANKLIN COUNTY, WASHINGTON. 1 WHEREAS, the Owner(s) ha 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 sanctios available by law, desires to enforce the rights and interests of th 'public by this concomitant agreement; NOW, THEREFORE, In the event the above-described property is rezoned by the City of:' Pasco to R-3, High Density Residential 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 Ifull consideration herein, grants a rezpone of the above-described property. oS'rrat vz J fS � v b �� +h .,L ^.jit. v a,.a. '' •S -2- 2. The Owner"'agrees to perform the terms set forth in Section 4 of this agreement (choose one) (a) within(days) (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). NOT APPLICABLE j �. This agreement shall be binding on the heirs., assigns, grantees or successors in interest of the owner(s) of the property Herein described. 4. Conditions: A) The property described herein shall not contain more than four (4) dwelling units; B) No structure shall exceed one (1) story above grade. -3 - The person(8) whose names are subscribed herein do hereby certify that they are the sole holders of fee simple interest in the above described property. Owner STATE OF WASHINGTON) Benton :ss. County of XMXXKM= in this day personally appeared before me John M. Parke, Lynne E. Parke and Neil S.'. Smith to me known to be the 'individual(s) who executed 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 ...t4p..rein mentioned. Given under my hand and official seal this 24th day of August 197 8 Washington, residing at Kennewick .,-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: 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. Given under my hand and official seal this day of 197 Notary Public in and for the State of Washington, residing at