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HomeMy WebLinkAbout2825 Ordinance, Catherine D. Seaman, Deputy City Clerk VED A TO AP stello, City A torney Gre ORDINANCE NO. 2825 AN ORDINANCE relating to zoning and changing the classification of certain real property within the City of Pasco from C-1-D (Designated Shopping Center) to C-1 (Retail Business). 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: Lots 1-6, Edgar's Subdivision and the west 180' plus or minus of the E 303.46' plus or minus of the south 174' plus or minus, SE 1/4; SW 1/4; SW 1/4, Section 24 Township 9 North, Range 29 East W.M. Except the south 40' plus or minus for road right-of-way purposes. as depicted in the map attached hereto and identified as Exhibit "1", be and the same is hereby changed from C-1-D (Designated Shopping Center) to C-1 (Retail Business), 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. PASSED by the City Counci • the City of Pasco, this rl day of 991. ATTEST: _ EXHIBIT I • 4 ,11.••nn 5 6 3 I0 12 9 9 1 2 4 B 7 6I 5 4 3, 2 7 —F .. _i_ _ r9o. Fr 12 ‘ Is 2 -1/4( ••" r_I - )-f., 2 5 ir) e412 Z2 21 ?4 5 r 2.8 RUBY <- 1_1 u_gt - 15 16 — r- ,,1 TR-5 TR 4 TR- I rt) MARIE -3 TR - TR-2 STREET • WILCOX I 2 3 7 4 5 6 8 2 F27 4 0 A L 5) 4 1 3 16 _L I t- SITE 3 1- rt; 11 -?% 4 '6 5 4 rir r . 44. rp: • A A F 0 7 6 OCI 3 gig o CC 11,1 A (./ 1 5 15 16 *7- ' -11 111112 131141r, 10 2 te ID 16 I rd ? 11 I 44 0 • TR TR-7 1) 1 1 2 3 4 TR-9 5 7 TR-I0 1 1 10 9 1:3 rET EA- ri TR 8 sTP •nnn•• 11100.., 9 4 5 6 0 C_T_AV_E___ S_IREET_ 2C 1E-flrr T611711811 it ZET 7 1 n'T 01% A '-14 7 4 3 5 2 3 a -6 A 3 9 j _4 8 It / ;10,7 7 Ht L-7 r T- 12----- 2 13 12 11 10 IMMO 11111! ELLA 1 - r r I 2 5 2 3 4 1 6 S 13 2 2 5 4 ST ELLA 7 I" I ,.% t. j 5 91- 67 5 9 12 9 I0 8 n 0 0 cr l2 1 1 1 0 9 z Ii 12 3 3 4 0 P A . ST 10 NNW son n•nn••n• ••••nn•n• 2 :'s 0 V0L0329 PG0975 A& i . 502617 Mr a 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-1 (Retail 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 502617 e.el Gead- PAGE 2 OF 2 V O W 3 2 9 P 6 0 9 I 6 . the property herein described. 4. Conditions: (A) Future development of the site requires a Site Plan Review by the Planning Commission in a public hearing; (B) A two acre minimum lot shall be a development requirement of the site; (C) Greenbelt site screeing of the residence at the southwest corner of Road 32 and Agate Street shall be required in conjunction with future development(s); (D) Greenbelt site screening of the residences on Agate Street to the north of the site shall be required in conjunction with future devlopment(s). 5. Legal Description: Lots 1-6, Edgar's subdivision and the west 180' plus or minus of the E 303.46' plus or minus of the south 174' plus or minus, SE 1/4; SW 1/4; SW 1/4, Section 24 Township 9 North, Range 29 East W.M. Except the south 40' plus or minus for road right-of-way purposes. 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: STATE OF WASHINGTON) ) ss. County of Franklin ) On this day personally appeared before me jo/eAf ZA re-- to me known to be the individual(s) who executed the within and foregoing instrument on the lines above their/his typed names and acknowledged they tkey/he signed theiw,e,oe-di--/ as thetr/his free and voluntary act and deed for the uses and purposes therein mentioned. ,A0e Given under my hand and official seal this to '--day of 1991. * CONCOMITANT ZONING AGANEXIMNT,;i' ird a_. 45:A t, • A 4.A0 \ • r - e 502617 15026 1 ? •v 0 1-0329 P60911 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, OwNER: 6b-r..<13/447-c_el‘-r-- BY: STATE OF WASHINGTON) SS . County of Franklin ) On this day personally appeared before me 3Lk , riTh c Coke-AA to me khown to be the El\r 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 .31 day of , 1991. Notary Public in and for the State of Washington, residing atlkoilaWiCK CONCOMITANT ZONING AGREEMENT RECORPJ-01T -H,7 REOUL;_:` 93 firT -7 p4 .21 soZsa,7 ZO G LF ,WRT FRA\L C N' kilDITOR DEPUTY -rn PAGE 3 OF 3 •P ox 2-9311)(45( o ,W9 99381 SO2617