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HomeMy WebLinkAbout2581 Ordinance - Recordedal2436 442436 ORDINANCE NO. 2581 AN ORDINANCE relating to and changing the zone classification of certain real property within the City of Pasco from C-1D (Designated Shopping Center) to C-3 (General Business), as conditioned by concomitant zoning agreement. WHEREAS, November 21, 1985 the City Planning Commission conducted a public hearing to consider whether or not to recommend to the City Council that the real property described below be rezoned from C-1D to C-3 to allow the U.S. Postal Service to construct a regional mail handling facility thereon and the City Council has reviewed and considered the findings and conclusion of the Planning Commission; and WHEREAS, the proposed regional mail handling facility presents special and significant difficulties for the city in the regular course of enforcement of its zoning, planning and building codes and regulations not attendant to private development; and WHEREAS, it is agreed by both the City and the applicant for the rezone that the proposed regional mail handling facility development would increase the flow of traffic around the perimeter of the proposed development on Roads 36 and Road 34 between Court Street and Sylvester Street and that such traffic will contribute to the rapid decay of already poor road conditions on such roads and that it will be necessary for the public safety that improvements be made to both roadways; and WHEREAS, both the City and the applicant for the rezone agree that the owner of the below described real property should pay its fair share of the cost of the road improvements made necessary by the proposed rezone and proposed development; and WHEREAS, the City Council finds that land for which the rezone is proposed is vacant property and has been undeveloped since its zoning to C-1D, and that vacancies exist in the existing shopping and retail developments in the area and that the proposed mail handling facility development is in the best interests of the city as it will provide jobs in the area and promote traffic to the shopping and retail developments in the area; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section One. That zone classification of the following described real property situated within Pasco, Franklin County, Washington, to-wit: P'43 c_D C.-- 442-4,16 44,430 The West half of the Northwest quarter of the Northwest quarter of Section 25, Township 9 North, Range 29 East, W.M.; except the North 300 feet of the East 180 feet thereof; and except the South 425 feet thereof; and except Court Street; and except Road 34; and except Road 36, records of Franklin County, Washington, as depicted in the map attached hereto and labeled as Exhibit 1, be and the same is hereby changed from C-1D (Designated Shopping Center) to C-3 (General Business), as conditioned by the concomitant zoning agreement which is attached hereto and labeled as Exhibit 2 and further conditioned upon the sale and conveyance of title of said real property to the United States Postal Service. Section Two. That any and all zoning maps be and hereby are amended to conform to the aforesaid zone change at such time as the conditions to the rezone are satisfied. Section Three. This ordinance shall be in full force and effect five (5) days after its passage and publication. PASSED by the City Council and approved by the Mayor this day of December, 1985. ATTEST4 z' velyn Wells, City Clerk APPROVED AS TO FORM: t ill' \VIA% !NA Greg ubs ello City Attorney 44243(3 442436 1110.• Mann tLEU 0 '1W 01 OROCCOME room PAM nonce ger* ettIT rig121 Da nego§5,013001313k M EM •iwt rra ma a 0 amomovirWmine coprian UI 1111111 TP-10 :1:111;, anosiomeme B MMUS ilENSIGINII0 0110013DOM ongencialra DOmOMBIDD gr. .3 NM up Mani an no am um IAD NW sus 11"11 ME Da an MP= MID an no an um orIPEll mmi MEM a nu lob -ENO an somm. lie WPM COW MEW, ROW W M M OI EXHIBIT 1 ORDINANCE NO 2581 m0Pa1 111 O. wolf Ad 44243 ,3 • . - CONCOMITANT ZONING AGREEMENT - MATHES REZONE Agreement, made this day of December, 1985, between the CITY OF PASCO, a non-charter code city, under the laws of the State of Washington (hereinafter referred to as City), and DALE MATHES and IVA H. MATHES, husband and wife, and LESTER SCHILKE and JOANNA M. SCHILKE, husband and wife (hereinafter referred to as Owner), being the Owner of certain real property in the City of Pasco proposed by Owner to be rezoned to C-3 (General Business): Whereas the Owner wishes to have rezoned approximately an eleven acre parcel of land, generally rectangular in shape, located at the Southeast corner of the intersection of Road 36 and Court Street in the City of Pasco, from C-1D (Designated Shopping Center) to C-3 (General Business) for the purpose of accomodating a U.S. Postal Services regional mail handling facility; and Whereas the property has access on Road 34, Road 36 and Court Street. Court Street is a principal arterial street within the city. Road 36 is a neighborhood residential collector. Road 34 is a local street, that functions as an arterial street in that it serves properties east of Road 34. Both roads 34 and 36, at their intersections with Court Street, are signalized through improvements to Court Street made in 1985 through LID No. 117; and Whereas the proposed Postal Service Regional Mail Handling Facility will dramatically increase the flow of traffic around its perimeter on Roads 34 and Roads 36, which will significantly contribute to the decay of road conditions on such roads and require improvements to be made to both roads for traffic safety; and Whereas both parties to this agreement agree that the sum of $45,000.00 represents a fair estimate of the properties fair share of the cost of completing the necessary roadway improvements necessitated by the aforesaid rezoning for the regional mail handling facility; and Whereas both parties are interested in mitigating any adverse impacts which might result because of the requested rezone and proposed development and both parties are interested in compliance with the Pasco Municipal Code provisions relating to the use and development of the Owners property situated in the City of Pasco, and more particularly described as follows: The West half of the Northwest quarter of the Northwest quarter of Section 25, Township 9 North Range 29 East, W.M.; except the North 300 feet of the East 180 feet thereof; and except the South 425 feet thereof; and except Court Street; and except Road 34; and except Road 36, records of Franklin County, Washington. EXHIBIT 2 ORDINANCE NO 2581 ; 442436 Now, therefore, the City and the Owner agree as follows: 1. Upon the rezoning of the above described real property by the City of Pasco to C-3 (General Business) and in consideration of that event upon its occurrance, subject to the terms and conditions hereinafter stated, the owner does hereby covenant and agree as follows: a. Upon the sale, transfer or conveyance of the above described real property to the U.S. Postal Service, the owners of the above described real property shall deposit with an escrow agent acceptable to the Pasco City Manager, the sum of $45,000.00 for the purpose of paying said properties fair share of future roadway improvements to Road 34 and Road 36 between Court Street and Sylvester Street. b. Further, it is agreed that the $45,000.00 will be placed in an interest bearing escrow account. Owner shall pay the initial set-up costs of the escrow. Annual fees and other assessments by the escrow agent, if any, shall be paid from the accumulated interest. c. The escrow instructions shall instruct the escrow agent to pay over to the City of Pasco on demand of the Pasco City Manager such amounts of principal and accumulated interest he demands from time to time. Any such funds paid over to the City shall be used to pay costs incurred by the City in making the aforesaid road improvements. d. If upon completion of the road improvements there remains funds in the escrow account or with the City of Pasco unexpended for the aforesaid road improvements, any such funds, after deduction of any unpaid escrow charges, shall be returned to the owner and each of them, in equal shares. 2. The $45,000.00 and any interest accumulated on the said $45,000.00 until the time of road improvements to Road 34 and Road 36 shall be the maximum amount required from the owner or owners successor in interest toward said road improvements. 3. The persons whose names are identified above as Owners of the property and who sign their names below as Owners of the property do hereby certify that they are the sole holders of fee simple interest in the above described real property. 442436 DATED this day of December, 1985. Da1 athes Owner Al 1111VdisraLat AP, LIster Schil'e - •wner Iva H. Mathes, Owner 9/A4A-f-i/ ›Y 1/ // JoAnna M. Schilke, Owner STATE OF WASHINGTON ) ss. County of Franklin ) blii/c in and fo as ngtion residing tate -d-Go son, Mayor RECORPED o?D, OF OFFIrIAL hECORDS RFO OF 85 PE 26 1110 55 APr.Ia D AS • FO llo, City Attorney Gre A L T 442436 VA FRA 114 O.v j tiA ,EPLITY pera,,1 AUDITOR 44 624:3G On this day personally appeared before me Dale Mathes, Iva H. Mathes, Lester Schilke and JoAnna M. Schilke, to me known to be the individuals described in and who executed the within and foregoing instrument, 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 o ficial seal this ,2,62 day of December, 1985. - , „ - C ATTEST: Wel s, City Clerk NCE NO 2581 AK ORDINANCE relat- ing'90 and changing the zone classification of car,, tian real property within theft City of Pasco from C-1C t (Designated Shopping Cen-, ter) to C-3 (General Mai. ness) as conditioned b concomitant zoning agre ment WHEREAS Novembei'l 21 1985 the City Planning, Commission conducted a public hearing to consider. whether or not to recom-- mend to the City Council - that the real property de:- scribed below be rezoned from C-1D to C-3 to allow' the U S Postal Service to construct a regional malt, handling facility thereopl and the City Council has rea viewed and considered the findings and conclusion of the Planning Commission: and WHEREAS the p re:Pa posed regional mall hand" ling facility presents special and significant difficulties. for the city In the regular course of enforcement of its, zoning, planning and build, ing codes artdvi ulatione not atte 4ct vilteijet. velOome WHEREASalr tstagrCed by both the City and the ap- plicant for the rezone that the proposed regional mall handling facility devel- opment would increase the flow of traffic around the pe- rimeter of the proposed de- velopment on Roada 36 and Road 34 between Court Street and Sylvester Street and that such traffic will contribute to the rapid decay of already poor road I conditions on such roads and that it will be necessary for the public safety that im- provements be made to both roadways and WHEREAS both the City and the applicant for the re- zone agree that the owner of the below described real property should pay its fair share of the cost of the road improvements made nec- essary by the proposed re- zone and proposed development and WHEREAS, the City Council finds that land for which the rezone is pro- posed is vacant property and has been undeveloped since Its zoning to C-10 and that vacancies exist in the existing shopping and retail developments in the area and that the proposed mail handling facility devel- opment is In the best Inter- ests of the city as It will provide jobs in the area and promote traffic to the shop- ping and retail , devel- opments In the area, NOW, THEREFORE, ' THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO OR- DAIN AS FOLLOWS Section One That zone classification of the follow- ing described real property situated within Pasco, Franklin County, Washing- ton, to-wit- The West half of the I Northwest quarter of the ' Northwest quarter of Sec- tion 25, Township 9 North, Range 29 East W M ex- cept the North 300 feet of the East 180 feet thereof and except the South 425 feet thereof, and except Court Street, and except Road 34, and except Road 38, 'records of Franklin County. Washington, as depicted in the map attached hereto and la- beled as Exhibit 1 be and loth truy Cliulige from C-1D (Designated Shopping_ Center) to C-3, (General Business), as con- ditloqed by the concomitant zoning agreement which is attached, hereto and la- beled as Exhibit 2 and fur- ther4conditioned upon the sale and conveyance of title of said real property to the United States Postal Serv- ice " ,Section Two That any and all zoning maps be and hereby are amended to conform to the aforesaid zone change at such time as the conditions to the re- zone are satisfied Section Three This or- dinance shall be in full force and effect five (5) days after Its passage and publication PASSED by the City Council and approved by the Mayor, this' 23rd day of December, 1985 ' -s-Joe Jackson, Mayor ' ATTEST -s-Evelyn Wells, City Clerk , APPROVED AS TO FORM -s-Greg A Rubstello, City Attorney LEGAL NO 40267 n ow lass AFFIDAVIT OF PUBLICATION COUNTY OF Benton ls s STATE OF WASHINGTON Sandra R. Sandvig being first duly sworn on oath deposes and says she is the principal clerk of the Tr' 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 here inafter referred to published in the English language continually as a daily newspaper in Dentan 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 Ad " Ordinance #2581" 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/1 Times, commencing on the 28th day of December , 19 85 , and ending on the 28th day of December , 1985 and that said newspaper was regularly distributed to its subscribers during all of this period That the Total amount is $ 103 28 13.5 inches @ $7..65 = 103 28 Subscribed and sworn to before this 28th day of December 19 85 /e Notaoy Public in and for the State of Washington residing at Paco C2)2/ FINANCE DEPARTMENT 1509) 5454401 Sean 726-3401 CITY of P. O. BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301 December 24, 1985 Tri-City Herald 107 N. Cascade Kennewick, WA 99336 Gentlemen: Please publish the attached Ordinance on the following date: December 28, 1985 Could you also send two (2) Affidavits of Publication. I might mention than an earlier date is preferred, however, after communication with the Classified Section on December 24, 1985, it was determined that December 28, 1985 would be the earliest that the Ordinance could be published due to an excessively large publication of Classifieds and/or legals. Sincerely, Jerry ner, Director of Finance/Admin. Services , ) cc: Evelyn Wells, City Clerk