HomeMy WebLinkAbout1987 Ordinance - Failed 09.05.19789 S �
ORDINANCE NO. 1987
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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)
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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.
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-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.
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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