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Home My WebLink About3080 Ordinancea ORDINANCE NO.3 de0 AN ORDINANCE relating to zoning and changing the classification of certain real property within the City of Pasco from RT (Residential Transition) to C-1 (Retail Business) with a concomitant agreement 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 The north 466 7 feet of the west 466 7 feet of the northeast quarter of Section 15, Township 9 North, Range 29 East W M as depicted in the map attached and identified as Exhibit "1", be and the same is hereby changed from RT (Residential Transition) to C-1 (Retail Business), 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 1995 PASSED by the City Council of the City of Pasco, this 3 of 114,08" ; / , Felice, Mayor ATTEST Catherine Seaman, Deputy City Clerk \ ' T T Greg kub lo, City Attorney AP VED A 1 1 IIIUROER ROAD TRAC - REZONE SITE " --s- BALL STADIUM ' 1 1 4 „522274 voL0372 P 6 0652 4 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 the property herein described 4 Conditions A The following uses shall be prohibited 1) Upholstery shops, 2) Billboards, 3) Auto Detail shops, 4) Sign shops, 5) Signage exceeding 30 feet in height, RECR OE RoDu EEArodriTi mi If g,r,E0,,Ftifipsroccoolf P 0 Boy 293 JUL10 9 oi Af1'15vi;i 931 s222b74 ZONA G LENHART DEPUTY FRANK? sa___AUD TOR 3 CO-F NCO HAIL TO COMMil-i DEVELOPMENT DEPT. P 0 Box 2133 P3SCO WA 99301 .522274 ,52 2274 VOL0372 P 6 0653 B The property shall be developed in accordance with the following requirements, 1) The northern 59 feet of the property shall be dedicated for the extension of Burden Rd, 2) The western 30 feet of the site shall be reserved for the future extension of Rd 60, 3) A maximum of two driveways shall be permitted onto Burden Rd, 5 Legal Description The north 466 7 feet of the west 466 7 feet of the northeast quarter of Section 15, Township 9 North, Range 29 East W M The person(s) whose names are subscribed herein do hereby certify that they are the sole holders of fee simple interest in the above-described property Owners n."4 STATE OF WASHINGTON) ) ss County of Franklin ) On this day personally appeared before me le,J a 77 eq s to me known to be the individual(s) who executed the within and fotegoing instrument on the lines above their/his typed names and acknowledged they/he signed the Fog (-90, ,, as their/his free and voluntary act and deed for the uses and purposes therein mentioned day of 11:V S J .. .., .. ...'0,1k I 4 0 .. I. , •, ../ .. S ,,, %., /4) *. iji Z I -I t , NotIary Mc in or the = • . IP•nt r • s. ! .._ / 1,. / i'• : / of Washington, residing at t, 4 ." - .. „ ....pur ,•I i / / .:* . - , e N: E., stp 1 r- e S cy/67 9 S" ., V' ,„ • . P r 1.6 „a' ,1. 1",,... °<?. ......... ' tj\ $/ of the corporation whose name is subscribed herein does hereby certify that '-z----------ithe:Corpolgiion is the sole holder of fee simple interest in the above-described property ...: --,_z- Owner By CONCOMITANT ZONING AGREEMENT sZ2 MNI • Given under my hand and offi ,1995 cial seal' SUBSCRIBED AND SWORN BEFORE ME THIS /3 otary public in and for the State of Wash- ington, residing at R I CHL AND WA COMMISSION EXPIRES ,9" (t\ISA _PO BOX 2608 PASCO WASHINGTON 99302 2608 PHONE (509) 582 1500 LMAL £011 INVOICE SOLD TO PASCO, CITY OF LEGALS P.O. BOX 297. PASCO WA 99701 DATE °41(VI / LEGAL NO #5 30 ACCOUNT NO 50550 DESCRIPTION #590-ORD #70BOAN TIMES 001 INCHES 4.50 TOTAL 43 50.44 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 AFROAKT EDUOUC.air1100 COUNTY OF BENTON SS STATE OF WASHINGTON ORDINANCE NO 3080 AN ORDINANCE relating to zoning and changing the classiticaVorof certain real property v+ Ithin the City of Pasco from RT (Residential Transition) to C 1 (Retail Business) with a concomi tant agreement THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS Section 1 That the zone classification of the follow Mg described real property situated in Pasco Franklin County Washington to wit The north 466 7 feet of the west 466 7 feet of the northeast quarter of Sec ton 15 Township 9 North Range 29 East W M as depicted in the map at tached and Identified as Exhibit 1 be and the same is hereby changed from RT (Residential Tian salon) to C-1 (Retail Busi ness) conditioned by Con comitant Zoning Agreement which is at tached hereto and Is Iden titled 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 effect after passage and publication as required by law Passed by the City Council of the City of Pasco this 3 of April 1995 -s- Joyce DeFelice Mayor Attest s Catherine D Seaman Deputy City Clerk Approved As To Form s- Greg A Rubstello City Attorney #590 - 4/9/95 „ FONANCE DEPT. GERAL D WALL , being duly sworn, deposes and says, I am the Legal 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 hereinafter referred to, published countinually as a daily newspa- per in Benton County, Washington That the attached is a true copy of a #590-ORD 443080AN as it was printed in the regular and entire issue of the Tr-City Herald itself and not in a supplement thereof, 1 time(s), commencing on 04 /0 9/9 5 , and ending on 04/09/9', , and that said newspaper was regulary distributed to Its subscribers during all of this period E -VE APR 1 B 19 95 111661"111041111“ha. CITY OF —;r-- PASCO FINANCE DEPARTMENT (509) 545-3401 / Scan 726-3401 / Fax (509) 545-3403 P 0 BOX 293, 412 WEST CLARK, PASCO, WASHINGTON 99301 January 4, 1995 Tri-City Herald P0 Box 2608 Pasco, Wa 99302 Dear Kathy Please publish the attached Ordmance(s) No 3071-3073 on the following date January 8, 1995 Please send two (2) Affidavits of Publication for each Thank you, Catherine D Seaman Deputy City Clerk 545-3402 cds * No attachments or maps included < TRANSACT ION REPORT > 01-04-1995(WED) 09 13 • I C -1-P2ArnI s Ni I -r '3 NO DATE TIME DESTINATION STATION PG DURATION MODE RESULT 5568 1-04 09 11 15095821453 5 0 0 02 05 NORM E OK 5 0 02 05 :