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HomeMy WebLinkAbout2006 Ordinance - RecordedORDINANCE NO. 2006 AN ORDINANCE relating to zoning and changing the zone classification of certain 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 classification of the following described real property situated in Pasco, Franklin County, Washington, to -wit: Lots 1 through 6, Block 3, Kurth's Addition to Pasco, as depicted in the map attached hereto and identified as Exhibit "l", 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 hereby and identified as Exhibit "2". Seciton 2. That any and"}all zoning maps be and 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. ' SES$erby the City Council of the city of Pasco this 18--' day Of `D ce- P 1978. _ F Chet Bailie, Mayor ATT ve We ls, Deputy City Attorney APPROVED AS TO FORM: s J. De Felice,"Deputy City Attorney RECORDED 14 140".. ,3F RE00RD'� FRAGJUNTY,*W TY (Church of Christ Rezone) FA FA PARRIJ W ••t c � 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,)'of certain 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 Police 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 Pa.sco'�.;. described as follows: Lots 1-6, Block 3, Kurth's Addition to Pasco, as.•recorded in Book 55, of deeds, Page 266, records of Franklin County, Washington I WHEREAS, the Owner(,o 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 federallaws relating to the use and development of the above i described property; and WHEREAS, the City, in addition to civil and criminal sanctions; available by lain, 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(o promises to comply with all of the terms of this agreement in the event the City, as full consideration herein, grants. a rezpone of the above-described property. U3 386977 7 ..•'v^ «---' _ - %'t '.f.T,'; �'''..`2.''>rir' �ii�s�.iy�.e'4k�t'S';:>:�"'nV��''waxcz-.mss.-rro►+T:='_,: i -r •.a.•: r-S,z+=-•:.^rc�--.r ��:v...r: -2- 2. The Owner agrees to perform the terms set forth in Section 4 of this agreement (choose one) (a) within 120SOOI aly�s� 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). .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) The C-1 Zone shall exclude the following uses: i) Fast-food restaurant; ii) Garage and filling station; iii) Hotel and motel. B) A sight -obscuring fence or dense shrubbery shall be installed and maintained along the west and north property lines to a minimum height of four '(4) feet. -3- 386977 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 i 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 therein mentioned. Given under my hand and official seal this day of , 197 Notary Public in and for the State of Washington, residing at The agent of the corporation whose name is subscribed ;,Y���"'"'n does hereby certify that the corporation is the. sole holde-,'qf £ee<..' simple interest in the above described property. PASCO CHURCH OF CHR= = B y : .� PRESIDEM STATE OF WASHINGTON) :ss County of Franklin ) r On this day personally appeared before me NORVILLE W. HUBBELL to me known to be the pRESI1)FMr o.f 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 Fon oath stated that he was authorized to execute said instrument. 197 8 . Given under my hand and official seal this 13th day of DECEMBER Notary Public in and f--or:"the State of Washington, residing at` Washington, COMI ISSION EXPIRES MUM,' hg -1960 w C' 38697`7 I :�:'n..;� -... � _ ..,_ .. ..� a,.,. ...- ._. -a -.r- b:.•_ ,., .-.. -mss - -— -'—���_____� �,.. - _� .. .� . 0 W . 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) of certain 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 Police 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: Lots 1-6, Block 3, Kurth's Addition to Pasco, as recorded in Book 55, of deeds, Page 266, records of Franklin County, Washington I WHEREAS, the Owner(/) has 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 federallaws 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(O promises to comply with all of the terms of this agreement in the event the City, as full consideration herein, grants. a rezpone of the above-described property. . -2- 2. The Owner agrees to perform the terms set forth in Section 4 of this agreement (choose one) (a) within �� OR S� ayes ._.0 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). 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) The C-1 Zone shall exclude the following uses: i) Fast-food restaurant; ii) Garage and filling station; iii) Hotel and motel. B) A sight -obscuring fence or dense shrubbery shall be installed and maintained along the west and north property lines to a minimum height of four (4) feet. -3 - The person(s) whose names are subscribed herein do hereby certify that they are the sole holders of feesimple interest in the above described property. Owners: STATE OF WASHINGTON) .ss. ;. County of Franklin ) On this day personally appeared before me i 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 theiein mentioned. Given under my hand and official' seal this day of 197 Notary Public in and for the State of Washington, residing at The agent of the corporation whose name is subscribed herein does hereby certify that the corporation is the sole simple interest in the above described property. -i OWNER: PASCO CHURCH OF CHRIST BY PRESIDENP - STATE OF WASHINGTON) :ss County of Franklin ) On this day personally appeared before me NORVILLE W. HUBBELL to me known to be the paESIDRNC 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 13th day of DECEMBER 197 8 . Notary Public in and for -the State of Washington, residing at " Pasco COMISSION EXPIRES AUGUST i T-7 ;��'� �:,i=•o�w��y ?:.rA,rr�-�y.,,�,��s�,�t�"'`�,'t,,..�'".�•S!T-+�"�sj::��.+� �.=�'ar-L®'4:a�.�--.�-"y. 'e�:�•;�`�c_itra.y�$ .'a., t+__., �.�'h',�:�•' ri FY..�P .,iFi?4��h,�`r'�.re,._ '.-.�r�.ai��r�t ''�t`:..ars-�. _-a1�T.� �.�''.�t'.`.s+t�''� ss,?:---�--3�`�.�..:�+e��...