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HomeMy WebLinkAbout2432 Ordinance - Recordedstello, Ciy Attorr 41234,S. 04) ORDINANCE NO. 2432 AN ORDINANCE relating to zoning by changing the zone classifi- cation of certain real property within the City of Pasco from R-1 Low Density Residential to the Office District, 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: Lot 18, Block 1, Meridian Addition as depicted in the map attached hereto and identified as Exhibit "1", be and the same is herebx , changed from R-1 Low Density Residential to the Office District, as conditioned by concomitant zoning agreement which is attached hereto and is 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 passage and publication as required by law. ,0,011 PASSED by the City Council of the v co this 7 day of February , 1983. tiV-Adtsigi A. Mayor eV fkamto vb./ 7 terF(of4. svi_'neoilars 4)4"cit'i Its 1 11 4min P.O. Box 293 olt214 Pasco, WA 99301 z-5 423024 ST 0 0 cc 9)8 r • T ; I ST 2 SF4 CRT 1-t 75 -3 - 3 4 j IL 1 a 6 IRV111G T 29 0 Cs.1 4 W SHOSHONE 35 33 YAVIMA 28 Ell 5 COLUMBA MEMORIAL GARDENS iNC 1 S T- — cr 39 0C -IAVE SYLVE! M ASON 1 TEMP I en .11n•••n•••Y irn•••nn-nn•n••• II IR VING 1 c 1 II 1010 L ) 'ENRY MN 1 MIR MARGARET PARK IC X ON 111 Er 1,11 SHOSHONE It, l c° 2012/.. 171. 11 -1 -•; HOPKINS -ix Li] I 1 I T-1 ej7, __J 11 t EXHIBIT 1 ORDINANCE (N* 1:G;FH 1,1 /510-30117-1,‘--T,‘, 40 BON 1 0 IIi 423024 L'Z ' , ..,/, 1 2_ I 3 -12:LL5 1 LI I 'Ll t li t i i It 1 it _! EFI I 01 9 L8 1 .:j 'F,RC.) \ SiN ,-'.‘ 1-77 1 :"1—i 7] '1-1---- L .1 _Cr Lifi 1 1 1 2 i 1 ,.... ..._._4.-........ -.... L — r t, -1.'f.S‘r .—r-- L1,1 L - . Q191:1 7 < > M At i E Fr"---T , ,1 -t t -i—ci r i 2 5 6 n 71 Li - IE 1):2: 4230241 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 RCW 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 theieby 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 RCW 43.12(c), the State Environmental Policy 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: Lot 18, Block 1, Meridian Addition WHEREAS, the owner(s) have 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 471l and criminal sanctions 4.zr 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 and in consideration of that event should it occur, and subject to the EXHIBIT' 2. 4,23024 "0" Office terms and conditions he/einafter 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 rezone of the above-described property. 2. This agreement shall be binding on the heirs, assigns, grantees or successors in interest of the owner(s) of the property herein described. 3. Conditions: A) That vehicular ingress/egress shall not occur along the west property line, and B) The existing curb cut along the west property line shall be removed in accordance with city standards prior to issuance of an occupancy certificate. C) Off-street parking shall not be required so long as the current dental laboratory use employs no more than two (2) individuals; any change in use or increase in the number of employees shall require installation of off-street parking in accordance with established city standards. -2- 423024 623024 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 .-(r)-ho_icl ) On this day personally appeared before to me known to be the individual(s) who executed the with n 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 mentioncd 19D Given under my hand and official seal this '1X -Ic V/ , Notar St' ate and fo tff ate 04 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 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 nand and official seal this day of 19 . Notary Public in and for the State of Washington, residing at -3- 423O244230241 AFFIDAVIT OF PUBLICATION COUNTY OF Franklin )ss STATE OF WASHINGTON Phyllis G-raves , being first duly sworn on oath deposes she Princip al Clerk and says is the of the Tri-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and It IS now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily news- paper in Franklin County, Washington, and is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper That the annexed is a true copy of a legal advertisement Ord # 2432 as it was printed in the regular and entire issue of the Tri-City Herald itself and not in a supplement thereof, for a period of one time maxecattxviemeim commencing on the 1 1 th day of Feb. ,19 83 , and ending on the day of , 19 , and that said newspaper was regularly distributed to its subscribers during all of this period That the full amount of $ 33.00 has been paid in full, also at the rate of 5 in..@ 6.60 = 33.00 r O R DINANCE NO 2432 IN ORDINANCE relating to oning by changing the zone • lassification of certain real operty within the City of asco from R 1 Low Density esidential to the Office Dm ct, as conditioned by con ()mutant zoning agreement THE CITY COUNCIL OF HE CITY OF PASCO DOES RDAIN AS FOLLOWS S..•ttion 1 That the zone ,la c 'ication of the following Er L !bed real property situ- 'ti d in Pasco Franklin o j Washington, to-wit I Lot 18 Block 1, Meridian ddition Is depicted in the map at ched hereto and identified 's E)Mibit "1" be and the lame Is hereby changed from Ii Low Density Residential a the Office District, as con litioned by concomitant zon rig agreement which is Ittached hereto and is identi- ed as Exhibit "2" Section 2 That any and all oning maps be and are tereby amended to conform a the aforesaid zone change Section 3 This ordinance hall be in full force and ef act after passage and pubil 1ation as required by law I PASSED by the City Coun- il of the City of Pasco this 7 lay of February 1983 s E A Snider Mayor kTTEST s Evelyn Wells, ;ity Clerk \ PPROVED AS TO FORM s Greg Rubstello ;ity Attorney , , egal No 14499 - Feb 11 1983 -- Subscribed and sworn to before me this 14th day of Feb , 19 83 Notary Public in and for the State of Washington, residing at Pasco FINANCE DEF'ARTMENT 1509) 545 3401 scan 726-3401 CITY of P 0 BOX 293 412 WEST CLARK PASCO WASHINGTON 99301 February 8, 1983 Tri City Herald P 0 Box 2608 Pasco, Washington 99302 Gentlemen Please publish the attached Ordinances on the following date February 11, 1983 Please send two (2) Affidavits of Publication for each Sincerely yours, Evelyn Wells City Clerk ew