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Home My WebLink About2739 OrdinanceORDINANCE NO. 2739 AN ORDINANCE relating to zoning and changing the zone classification of certain real property within the City of Pasco from C-1 (Retail Business) to I-1 (Light Industrial) 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 southwest quarter of the southeast quarter of the northeast quarter of Section 28, Township 9 North, Range 30 East, W.M., EXCEPT those portions described as follows: The east half of the west half of the southeast quarter of the northeast quarter of said Section 28, lying northerly of the centerline of Kahlotus Highway as vacated by Franklin County Commissioners in Volume 131, Page 254, AND EXCEPT That portion of the southeast quarter of the northeast quarter of Section 28, Township 9 North, Range 30 East, W.M., described as follows: Commencing at the southwest corner of said southeast quarter of the northeast quarter of said Section 28, and proceeding thence along the westerly boundary line of said subdivision a distance of 415 feet to a point which is the true point of beginning of this description; thence proceeding northerly along said westerly boundary line of said subdivision a distance of 328 feet to a point; thence easterly and at right angles a distance of 270 feet; thence southerly and at right angles to the northwesterly line of the Kahlotus Highway right-of-way thence along said road right-of-way southwesterly to a point that is due east of the point of beginning; thence on a straight line to point of beginning AND EXCEPT the west half of the west half of said southeast quarter of the northeast quarter lying northerly of the centerline of the above mentioned vacated Kahlotus Highway. ALSO 600 ft. deep of Tract C, Section 28, Township 9N Range 30E East half, southeast quarter, northeast quarter parcel no. 113-780-053-00 Eve yn Wells, City Clerk AP—i'VED as depicted in the map attached hereto and identified as Exhibit "1", be and the same is hereby changed from C-1 (Retail Business) to I-1 (Light Industrial), 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 is passage and publication as required by law. PASSED by. the City Council of the city of Pasco this day of r.:77/-)7i,e/.-- , 1989. E Hendler, Mayor Gr bstello, City Attorney BEECH- - atllIWlIIh 0512 1 m NO OW EN RET A I 41'1 in d 111 1 II III m ITT Rona 11 . 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Dm 1 t J111 1H11 1111 31E 1 1113 11141 Ilh P1 II gII film moor AlRvIEW A V E /./ 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 have 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 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: (SEE PAGE 2, #5, LEGAL DESCRIPTION) 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 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 I-1 (Light Industrial) 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 the agreement in the event the City, as full consideration herein, grants a rezone on the above-described property. 2. The Owner(s) agrees to perform the terms set forth in Section 4 of this agreement. 3. This agreement shall be binding on the heirs, assigns, grantees or successors in interest of the Owner(s) of the property herein described. CONCOMITANT ZONING AGREEMENT -2- RADA REZONE 4. Conditions: (A) The property shall retain landscape provisions of PMC 22.82.040(2) that requires four percent of net lot areas to be landscaped. (B) Outdoor storage facilities shall be screened as to obscure vision from Lewis Street. The existing development shall install site screening within one year of the date of the agreement and future development shall install site screening in conjunction with development. 5. Legal Description: The southwest quarter of the southeast quarter of the northeast quarter of Section 28, Township 9 North, Range 30 East, W.M., EXCEPT those portions described as follows: The east half of the west half of the southeast quarter of the northeast quarter of said Section 28, lying northerly of the centerline of Kahlotus Highway as vacated by Franklin County Commissioners in Volume 131, Page 254, AND EXCEPT That portion of the southeast quarter of the northeast quarter of Section 28, Township 9 North, Range 30 East, W.M., described as follows: Commencing at the southwest corner of said southeast quarter of the northeast quarter of said Section 28, and proceeding thence along the westerly boundary line of said subdivision a distance of 415 feet to a point which is the true point of beginning of this description; thence proceeding northerly along said westerly boundary line of said subdivision a distance of 328 feet to a point; thence easterly and at right angles a distance of 270 feet; thence southerly and at right angles to the northwesterly line of the Kahlotus Highway right-of-way thence along said road right-of-way southwesterly to a point that is due east of the point of beginning; thence on a straight line to point of beginning AND EXCEPT the west half of the west half of said southeast quarter of the northeast quarter lying northerly of the centerline of the above mentioned vacated Kahlotus Highway. CONCOMITANT ZONING AGREEMENT -3- RADA REZONE ALSO 600 ft. deep of Tract C, Section 28, Township 9N Range 30E East half, southeast quarter, northeast quarter parcel no. 113-780-053-00 The person(s) whose names are subscribed here do hereby certify that they are the sole holders of fee simple interest in the above-described property: Owners:RAY8 /-eada. All-Pahy Ra-c÷%cale4 [tacCeL___ STATE OF WASHINGTON) ) ss. County of Franklin ) On this day personally appeared before meA4 ), &e/ RAP(A6 to me know 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 * 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 , 1989. No aublic in and for the te of Washington, residing at ei 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 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. 1 CONCOMITANT ZONING AGREEMENT -4- RADA REZONE Given under my hand and official seal this day of 1989. Notary Public in and for the State of Washington, residing at September 6, 1989 Tri City Herald P.O. Box 2608 Pasco, Washington 99302 Gentlemen: Please publish Ordinance Nos. 2737, 2738 and 2739 on the following date: September 9, 1989 Please send two (2) Affidavits of Publication for each. Sincerely, 0,_n Evelyn Wells City Clerk ew