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:
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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'
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502617
15026 1 ?
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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;_:`
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ZO G LF ,WRT
FRA\L C N' kilDITOR
DEPUTY
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SO2617