The URL can be used to link to this page

Home My WebLink About2809 OrdinancePASSED he City Council of t 7 day o City 091. ..4111110111LA „fnic-r - qv. Pasco, this ayor 401011111 Eve yn We is, City Clerk ORDINANCE NO. 42M7- AN ORDINANCE relating to zoning and changing the classification of certain real property within the City of Pasco from RMH-3 (Mobile Home and RV Park) to C-3 (General Commercial). THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: Section 1. That the zone classification of the following described real property situated in Pasco, Franklin County, Washington to-wit: East half of Lots 1 through 12, Block 1, Plat of Glen R. Mudd's Addition. as depicted in the map attached hereto and identified as Exhibit "1", be and the same is hereby changed from RMH-3 (Mobile Home and RV Park) to C-3 (General Commercial), 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. 2 PLAT 0 F3 _ 0 44` m(f A:Cf5 eAtiti przio2 wArt FilAr rAm . rjrri TWA IIIL AND HARDWARE 13 502 28 s % 12 I I I ! I t / IS ,/ II / / / / 417 1 .7 120 I _t a ST _LT- JAN SHOPI UI G7 L-1 CS, '7RI 807Y LU,/, >,' 0 0 MAME 20 • • 6 C• Bo SERVICE STAT/ON ,ie V 1 , , , zis A PARmitivrs a e .; I a 2 „ , ,-- , „.- ,.- ,- , 3 PLAT OF 4 i • 5 o o 6 f7779 ' 215 sr -1 I- 425 1100 r- ST 81s \ I II 1 I a I 57347E OF WASHING 7 a1 DEPART41ENT OF HISHWAYS . DIVISION 3 i „ • a 6 • WINTENANCE NEADQU/4 TErS \ 1 ••n •••\ • nn=11. ••nn• AMMO • miS .11n•••n -z ,tote of Washington ----- 4.011n0 4111n01.n •n• ••••nn •••••n 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 C-3 (General Business) 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 their heirs, assigns, grantees or successors in interest of the Owner(s) of CONCOMITANT ZONING AGREEMENT PAGE 1 OF 1 o --y Public in and for the te of Washington, residing at the property herein described. 4. Conditions: (A) Use of the property as described herein shall be limited to mini storage units only and shall exclude all other uses listed in PMC Chapter 22.48. 5. Legal Description: East half of Lots 1 through 12, Block 1, Plat of Glen R. Mudd's Addition. The person(s) whose names are subscribed here do hereby certify that they are the sole holders of f simple Interest in the above-described property: Owners: STATE OF WASHINGTON) ) ss. County of Franklin ) Ondthis day personally appeared before me -D Ioeh to me known to be the individual() who executed the within and foregoing instrument on the lines above their/his typed names and acknowledged they they/he signed the as their/his free and voluntary act and deed for the uses and purposes therein mentioned. Given under my hand and official seal this, day of , 1991. 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: CONCOMITANT ZONING AGREEMENT PAGE 2 OF 2 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 hand and official seal this day of , 1991. Notary Public in and for the State of Washington, residing at CONCOMITANT ZONING AGREEMENT PAGE 3 OF 3 AND SWORN BEFORE ME THIS / SUBSCRIB DAY OF -Herald DATE 011191 LEGAL NO 001547 P 0 BOX 2608 PASCO, WASHINGTON (509) 582-1500 ACCOUNT NO 50550 99302-2608 DESCRIPTION Or dinance No. 2809 LEGAL ADVERTISING INVOICE TIMES 001 LINES 5C) SOLD TO City of Pasco P.O. Box 293 Pasco WA 99301 JAN 1.7 1991 FUN NCE DEPT. TOTALS 40.25 NOTICE This Is an Invoice for legal advertising space Please pay from this Invoice as no statement will be rendered Please detach at perforation and return with payment AFFIDAVIT OF PUBLICATION COUNTY OF BENTON SS. STATE OF WASHINGTON SHELLEY PERKINS , being duly sworn, deposes and says, I am the Legal Clerk 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 countinually as a daily newspa- per in Benton County, Washington That the attached is a true copy of aOrdinance No. 2809 as it was printed in the regular and entire issue of the Tri-City Herald itself and not in a supplement thereof, 001 time(s), commencing on 011191 , and ending on 011191 , and that said newspaper was regulary distributed to its subscribers during all of this period Notary ptIbltc in and for the State of Wash- ington, residing at PASCO COMMISSION EXPIRES 2— /5— ORDINANCE NO 2809 AN ORDINANCE relating to ; zoning and changing the classification of certain real property within the City of 1Pacco from RMH 3 (Mobile Hone and RV Park) to C-3 THE CITY COUNCIL OF I (General Commercial) THE CITY OF PASCO DO ORDAIN AS FOLLOWS Section 1 That the zone classification of the follow- I ing described real property- situated in Pasco Franklin County Washington to-wit East half of Lots 1 through 12 Block / Plat of Glen R Mudd s Addition as depicted in the map at- tached hereto and identi- fied as Exhibit "1" be and the same is hereby changed from RMH-3 (Mo- bile Home and RV Park) to C 3 (General Commencial) as conditioned by concomi- tant zoning agreement which is attached hereto and is identified as Exhibit '2" Section 2. That an and all zoning maps be , and are hereby amended to con- form to the aforesaid zone change - Section 3 This ordinance shall be in fullforce and ef- fect after passage and pub- lication as required by law PASSED by the City Coun- cil of the City of Pasco this 7 day of January 1991 -s- Joe W Jackson Mayor ArrEs -r - -s- Evelyn Wells City Clerk APPROVED AS TO FORM -s- Greg A Rubstello City Attorney #1547 - 1/11/91 S ORDINANCE -NO-209- AN ORDINANCE relating to zoning and changing the classification of certain real property within the City of Pasco from RMH 3 (Mobile Home and RV Park) to C 3 (General Commercial) THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS Section 1 That the zone classification of the follow ing described real property situated in Pasco Franklin County Washington to wit East half of Lots 1 through 12 Block 1 Plat of Glen R Mudd s Addition as depicted in the map at tached hereto and identi- fied as Exhibit "1 be and the same is hereby I changed from RMH 3 (Mo bile Home and RV Park) to C 3 (General Commericial) as conditioned by concomi tant 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 con form to the aforesaid zone change Section 3 This ordinance shall be in full force and ef- fect after passage and pub- lication as required by law PASSED by the City Coun cil of the City of Pasco this 7 day of January 1991 s Joe,W Jackson Mayor ATTEST s- Evelyn Wells City Clerk APPROVED AS TO FORM -s- Greg A Rubstello City Attorney 1 #1547 - 1/11/91 January 8, 1991 Tri City Herald P.O. Box 2608 Pasco, Washington 99302 Gentlemen: Please publish Ordinance No. 2809 on the following date: January 11, 1991 Please send two (2) Affidavits of Publication. Sincerely, Evelyn Wells City Clerk ew I