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HomeMy WebLinkAbout2018 Ordinance - Recorded388884 ORDINANCE NO. 2018 AN ORDINANCE relating to zoning and changing the zone classification of certain real property within the City of Pasco from R -T Residential Transition to R -1S Suburban Residential and 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: The north half of the northwest quarter of Section 14, Township 9 North, Range 29. East, EXCEPT.. the south 450 feet of the north 630 feet of the east 450.feet'thereof, As depicted in the map attached Hereto and identified as Exhibit "I", be and the same is hereby changed from R -T Residential Transition to R -1S Suburban Residential. Section 2. That the zone classification of the following described real property situated in Pasco, Franklin County, Washington, to -wit: The south 450 feet of the north 630 feet of the east 450 feet of the north half of the northwest quarter of Section 14, Township 9 North, Range 29 East, . as depicted in the map attached hereto and identified as Exhibit "I", be and the same is hereby changed from R -T Residential Transition to C-1 Retail Business as conditioned by concomitant zoning agreement which is attached hereto and identified as Exhibit "II". Section 3. That any and all zoning maps be and are hereby amended to conform to the aforesaid zone change. Section 4. This ordinance shall be in full force and effect after its passage and publication as required by law. SSED by the City Council of the City.of Pasco this `� day of 1979. i,1 ti ATTE CQ ` Chet Bailie, Mayor vs, cytiv,-Uler k, APP OVED AS' �RN Den is'J. .D :,; .el i ce, City Attorney (BOSCH REZONE) 388884 ,' 388884 I r; } '.�'.� �J I � I) r4 .S r• .r y I� T TI 1T t• IS � - I 4 • •, t' ';M � 1 al H I � 5, a 1 • ) .e n . t I I . i`a�.l•. i •:+t ,..I r7 13 '~'S 4 'f J rr . •f N , ;tit z a �r:i.., ."if,rr� 2♦ t -It rr 10 91 b wk�1 ••;�.', t AJ 27 TCAU 9 26 21 It if 7 to ) ) 3 5�r,t:1 )~ 1 2 3 �°� ',p ti P? t n L 2 IS r �• �ycy,Y.�: -1•I,Z._�� ,a aur 3 q3 4 ." ��' �' � �;,Zai. ,,,�,.•.,iq� L.,,', ro q 8 '� � _5 •I � 2 r � R 3 � , 31 !L 1 II 1 .•:��.�,ti • �.,� I.y•:• lLL IV 11 �r � �.r .: r9 20i MEEADOH vt ki ORS i5fyft 4A; •ra-t FRANKLIN • �, pyiXTY IRRIG,TION DISTRICT + .1,1 ; :,fry{����f�,, 1 , 'r"", .. /� � \ y�'• !.�" 1 \ \ PROPOSED STATE HIGHWAY pk <'.i•, It M_ t It If i'• ��., y.l l a • v • � a f •,E. X, ��� .. r � �. � I - •� ,.iat` '� t • . •. ' t .�' ' � _ ` �' art �P w t r 388884: i f: ':'�`S��=+ity� �-i. w^,••r..t, �. 3b:. � -. s �1�' :.�8a•�.�•..;` `;.s�''...�i-i 4r%l'+`ii:rt'��k?=. -. .. .. CONCOMITANT ZONING AGREEMENT M•1* •�v 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 Pasc&.. described as follows: The south 450 feet of the north 630 feet of the east 450 feet of the }north half of the northwest quarter of Section 14, Township 9 North, Range 29 East, W.M. Situated in the County of Franklin, --State of Washington. WHEREAS, the Owner(s) haVC 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 i WHEREAS, the City, in addition to civil and criminal sanctions; available bylaw, 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 -I ., 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 a rezpone of the above-described property. L%3 I ass rs5��§�,.6F!°��{t,•�,.t'!✓Y,v �Y•� �,,. ��y_. ,. FJfi�,>' ���i��'-yy..�,�s.;.��`5 �.3.�ZZ,*�awils�pv',;V° •^����°�d/�v'.'.���'Y' ss,,...Sr'��fi+"T^`R�ri�-+�; -2- 2. The Owner agrees to perform the terms set forth in Section 4. of this agreement. e-€--aRy19tdilE1ing pei5fR–fer- tli�s-eanstr-ee'e}en en t144:s pEaperzy;TdT- Tstated ether sPooiLied time–Po�i��-_ i 3. 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. use of this property under the C-1 classification shall be limited to commercial activities convenient to the residential neighborhood such as food, drug and hardware sales, florist shops, barber... r.; shops, beauty salons, dry cleaners and laundromaths, gasoline`". sales, and restaurants of a nature other than fast-food; those commercial activities normally permitted in the C-1 district but not mentioned herein may be permitted by the Planning Commission if they are deemed to be compatible with the residential neighborhood. B. Prior to issuance of building permits for construction. on. this— property, hisproperty, the development plans shall be submitted for review and shall be subject to reasonable modifications by the Planning Commission.to assure the site design is compatible with and the proposed development is complementary to the residential neighborhod. O LI? -3- 388884 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 ) -; R,Q; On this day personally appeared before me' 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 thel,ein mentioned. 197 Given under my hand and official seal this day of 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 holder of fee simple interest in the above described property. OWNER: �seCa o_6o—J Q. M STATE OF WASHINGTON) :ss County of Franklin ) On this day personally appeared before me ofl kC H s e to me known to be the ,p��S,c�em� of the corporation that executed the within and foregoing instrum nt, 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 t is day of RCC , 197q Notary Public in and for the State of Was'ington, residing at `C �?�ew\ C_ kc 388884 Ile 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. i County of Franklin ) On this day personally appeared before me 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 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 6-A4Iey to me known to be the / /46wr f the corporation that executed the within and foregq,i,ng",in,strument, and acknowledged that said instrument to be.the free,'`y,n� d uhtary act and deed of said corporation for the uses and purpd�-�s t�6erelfi,"mentioned, and on oath stated that he was authorized to execu'teg s id i n/s.trlument. Given under my hand and official seal 197. tax {N�fO�y Notary in r and fothe State of CECORDEt3 C� IN V1 �� RECORDS Washington, residing at PAGE /.Xy REQUEST OF VAR 7 �79 .-8 A1,,A r) DOROTHY TOrta, AUDITOR c GRANS ► COUNTY, WASH. FtdGUy IL TCQ - ��i,�,^,,",r"Y��p�.�''�y`p�r+-('a � %.Sr `���'� 'r -' : �. `�'� �'�a " � '� '�"t`4r�A�,�y—�';i.+C%°�+- �-;�""4'�`ey�.� �+'�.• '. X1'"s'c..��'�J..,y.;���-},.r�'�'•i..�.i4�a}'�-``e'�1.0 77A�a.Mk.SA�."'i±+.r:. �fdS.;y7�,a ""il. +1 :..:.1.'�'`'-"�a�?FK+a}...�.•"'w.. :.. .`�.�ait ��-__.