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HomeMy WebLinkAbout2109 Ordinance - Recordeda� v, 3.7022 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 AT T: e. 9wv e . ells, C1. Clerk a; 0 1 .4 = • C14 6 APPROV110 M TO FOQZM L " (Hospital Rezone - 79-38-Z) ,,rr�� e 39702 De MV, City Attorney 131 4N VOL - -- of OrFf CiAL REGREOUES8T0(? rAGr..� City of Pasco"+ NOV 40 PN'�9 Gti ."U1'ASH. o DEPUTY C MAIL Nr - P.O. Box 293 -� Pasco., wA. 99.301 -397022 15 12 ti 13 i2 I3 12 �i 70 c3�2 IO QGAT ST F � 22 1i 12 8 1 1 + 20 13 p +, !9 i41 12 151 14 17 RUBY ST 13 tel, •' 6 13 1 {; 4� { 14 12 �j 10 i3 ` r co 2 1 12 7 g _5 I `�•' - — S #i R E E T4.. [ill 1111 1 11111144 --- PIO 111t. I Y BRQW:N' ST, Q K �. ' ,. 17 . 1 I � •tip �. � r • , .a:. sa ay � 7' - - T`� r� • M4RIE �T. A32 17 3?. 1' ?}l li •` r r s i t� Cs ••Y t v i .11LLL1Lt I i S 1{ 11 20 a, . �i*`n`�y _`•` K✓- .. f•j Ful o F 0ut o 1 { y rii' I 1 ' • °'� I . e a { ! .r�,•t t}++ ' ; a `1.v. yq-a'ti j d r If I t o f r"'i rTT �., 16 t I ' f • ' i' ; is ' ;' za•,...s ST -ATM. i ' `A�4OA`R"' `< i.. , Cyt- ST., 0420 LQ '� .•p.. , :,Y ,' , r { • - �i.. ' ' S T 4Sr 9 Cy 32 Y OD a• 3 113 �I I I C 1 16 r f iltL4if1�•r1!r l�,. \. ,...' > t•'S �• s .ice\ PARK W I'm, { W , • 7 9s�a. u r V 7� Q f}Cl4 ► B'T- *L-1 Y x - .. - 46j' rf 4 • �'t1 I,\ f F. i` ` ..Y ZD Ta:' �,-L V? ` �'y >♦ !. 1r .. Y• °w .•1 �� r ¢"•' t yrL f r,g 1 3232 z y '` Q �r ',�, j `'� " � •'* 6 � ti'i'� r�;. - 32r .'97®22 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 Y'. 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. - ExMgLT -trZ 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. CM �, 357022 022 397022 -3- 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