HomeMy WebLinkAbout2109 Ordinance - Recordeda�
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ORDINANCE NO. 2109
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. The zone classification of the following described
real property situated in Pasco, Franklin County, Washington, to -wit:
Lots 11 through 15, inclusive, Block 5, Sylvester's Addition,
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 concomitant zoning
agreement which is attached hereto and 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. This ordinance shall be.in full force and effect
after its passage and publication as required by law.
PASSED by the City Council of the City of Pasco this 19 day
of November 1979.
Chet Bailie, Mayor
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e . ells, C1. Clerk
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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 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 jurisdiction; 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. 42.12(c), the State Environmental
P011cy:Act, should mitigate any adverse impacts which might result because of the
proposed rezone; and
WHEREAS, the City of Pasco and the Owner4-4) are both interested in compliance
with the Pasco Municipal Code provisions relating to the use and development of
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property situated in the City of Pasco, deseribe66 as follows:
Sylvester's Addition
Block 5,
Lots 11-15
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 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;ho,uld. -it r tur, :'ab.d
subject to the terms and conditions hereinafter stated, the applicant does hereby"'
covenant and agree as follows:
1. The Owner promises to comply with all of the terms of this agreement
in the event the City, as full consideration herein, grants a rezone of the above-
described property. -
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35'022
397022 -2-
2. The Owner agrees to perform the terms set forth in Section 4 of
this agreement prior to the issuance of any building permit for this construction
of this property.
3. This agreement shall be binding on the heirs, assigns, grantees or
successors in interest of the Owner of the property herein described:
4. Conditions:
A. Use of the subject property shall be limited to those uses permitted
in the C-1 zone which serve a function auxiliary to the hospital
facilities.
B. Owner shall provide 35 off-street parking spaces within 200 ft. of
the existing hospital as a prerequisite to receipt of a building
permit for any construction on the subject property.
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The person whose name is subscribed herein do hereby certify that they
are the sole holders of fee simple interest in the above described property.
STATE OF WASHINGTON)
:ss:
COUNTY OF FRANKLIN)
Owners:
On this day personally appeared before me
to me known to be the individuals).. 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 d
deed for the uses and purposes therein 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.
OUR LADY OF LOURDES HOSPITAL AT
OWNER: �j PASCO
BY:
President, Board of Directors
STATE OF WASHINGTON)
:ss:
COUNTY OF FRANKLIN)
On this day personally appeared fefore me Sister Anthony Marie
to me known to be the President
of the corporation that'a"xecute-d the within and foregoing instrument, and acknowledg
Icq
that said corporation for the uses and purposes therein mentioned, and on oath statexq
that he was authorized-to,execute said instrument.
Given under' myjhi ih0d Yad official seal this 5 day of November
1979 to V:' t '� r• n
1,6
Notaty Public in and for the State of
�' Washington, residing at Kennewick aA d oot,e