Loading...
HomeMy WebLinkAbout3116 OrdinanceeFelice, Mayor ORDINANCE NO 1G AN ORDINANCE relating to zoning and changing the classification of certain real property within the City of Pasco from R-3 (Medium Density Residential) 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 Legal Lot 4, Henderson Addition and the south 130 feet of that portion of the east half of the southeast quarter of the southeast quarter of the southeast quarter of Tract 2, Section 19, Township 9 North, Range 30 East W M described as follows Beginning at a point on the south line 82 5 feet east of the southwest corner of said subdivision, thence north parallel with the west line 299 7 feet, thence east parallel with the south line 100 feet, thence south parallel with the west line 100 feet, thence east 16 5 feet, thence south 199 7 feet, thence west 100 feet to the point of beginning, EXCEPT Court Street as depicted in the map attached hereto and identified as Exhibit "1", be and the same is hereby changed from R-3 (Medium Density Residential) to C-1 (Retail Business), as conditioned by a 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 Council of the City of Pasco, this of A/CIU. 1995 Catherine Seaman, Deputy City Clerk APPROVED AS TO FORM GiTegeliktitello, City Attorney Lotu,A V.Eze '(.1-k-eRA, re-) 2 so 51 19 50 18 1 15 bi 60 14 13 M . 12 1 II - - 60 NI 50 I ila —6= ,436 70 48 Ii EXHIBIT "1" _LEOLA ST Ui 6o I I. :;C2g 11 60 4- t.,,,,, I L 1 v;.' • -to 441o,,% 1 A010 7 "—Ur,' —v—e1^-r:ir IVY'''SS.3510 0 el 4510' 33 [P :2 75 P 6"/ BO V- I 5514 5613 60 (4) D 2 C. 5 4 10 - 6 1 8 IS 3' ••• 66 68 io 66 2 •nn•n0 60 _W P__E AIR L 1 EP24 / IT2t2/7_4.9 3 23 I . E 9 22 I L3L"Hbo 17_0 2F 1 4 to 20 f /734 i 13 LI 7. E M OR - 18 D 7 1 a Ii 016 7// IS I 10 ffjj . . .014 I 1 i 503 1 12 10 125 \ I --a 4652 50 ' 21 " " .' 14 50, - _ 0 23 22 20 1 13 18 11 16 IS 2'7 -i22 41)1 .. _ 2 c0 li_J!-±i 8 5 10 II 12, SO 5 .._ ,n 6 NA . N 21 e 20 LW t _20 PA L__6 _ _ST — 18 H 50 " • P n• . • 50 LA K1 Pi .* RIMMIta ] / 41 -24 23 22 21 20 19 18 Ii 16 1 _, 14 — '1 8 nE] 1 -1 43316 9 ra fl is — — 10 El 1 2 3 4 6 1 0 0 U t 9 II 12 1 I ght"TE 12 z 20 6 g_?qp 23 ;4 1 -4— 14 - " 10318- ATE—. . ST An 24r-231E 2 2 RoYsi g Oft GI ti 11:64 5 DD Q 131.2 11 51 5 4 0% lb- 1:=I 164 01 ,t,.‘1: <2 LAR /6 51 J Sa :;.4. It so z 8T5 II7E1 T R ST opE,v; en 65 6446' CCP 5 (i) A O D3 4it. 3 z LU .1 113 2 SO 3 4 5 6 C;T-1 1 • 8 p 9 . ,. k II 12 r 50 k v)1 5522 10 po 555 60 NOT 85 85 A—JR u B y D4 Lcf., 22 a II I, 20 0 15 I 18 a II 11 II 16 50 4,,,, 15 s . p _ 2 30 77_ 16 143 51 64 611 10 F WEST, • A DD 0 1:31 :c N -75 PLAT COUR 2 1 5 51:471 GB 5% 4 5 -.. 6 , 10 11 Et SO 4563 So , I S4'RL STA GREEN LEE FUNERAL HOME cagr sn [IND I + 110 64 11 1 10 .. COURT 11 I I 11 0 en • p I 30 3 10-129 1 Oi r Site ‘26ilf56 V0L0381 P60280 — EXHIBIT "2" 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 descnbed 4 Conditions REOORDED A't THE REQUEST OF The following uses shall be prohibited trt -Fa-0CD 1) Taverns, Nightclubs BEc 15 I 02111 'SS 526456 ZONA G LENNART FRANKLIN CNTI AUDITOR lEPUTI 4AIL TO 526456 • 5264S6 voLO 3 8 I P60 2 8 1 5 Legal Descnption Lot 4, Henderson Addition and the south 130 feet of that portion of the east half of the southeast quarter of the southeast quarter of the southeast quarter of Tract 2, Section 19, Township 9 North, Range 30 East W M described as follows Begining at a point on the south line 82 5 feet east of the southwest corner of said subdivision, thence north parallel with the west line 299 7 feet, thence east parallel with the south line 100 feet, thence south parallel with the west line 100 feet, thence east 16 5 feet, thence south 199 7 feet, thence west 100 feet to the point of begnung, EXCEPT Court Street 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 STATE OF WASHINGTON) ) ss County of Franklin ) On this day personally appeared before me Durand ik) Cole. to me known to be the inclivIdmal(s) who executed the within and foregoing instrument on the lines above timr/his.ti.'nameti and acknowledged therfhe signed the _,./),_e as tfictr/his free and voluntary act and deed for the uses and purposes therein mentioned Given under my hand and official seal ,1995 Notary ic in and for the tate of Washington, residing at IJ Lc) , , 4 (1-2/ (.9 3rzel day of 526456 LEGAL NO *1681 DATE 11/13/35 ACCOUNT NO c;05) DESCRIPTION *16%81 ORD #11F. AN TIPAES 001 INCHES 6.. 10 ex% _IP 0 BOX 2608 PASCO WASHINGTON 99302 2608 PHONE (509) 582 1500 - LEGAL ADVERTISING INVOICE ORDINANCE NO 3116 AN ORDINANCE relating to zoning and changing the classificaticC, of certain real property within thd City of Pasco from R-3 (Medium Density Residential) to C 1 (Retail Business) with a I concomitant agreement ITHE CITY COUNCIL OF I 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 Legal Lot 4 Henderson Addition and the south 130 feet of that portion of the east half of the southeast quarter of the southeast quarter of the southeast quarter of Tract 2 Section 19 Township 9 North Range 30 East W M de scribed described as fol- lows Beginning at a point on the south line 82'5 feet east of the southwest corner of said subdivision thence north parallel with the west line 299 7 feet thence east parallel with the south line 100 feet thence south par allel with the west line 100 feet thence east 16 5 feet thence south 199 7 feet thence west 100 feet to the point of beginning EX- CEPT Court Street as depicted in the map at tached hereto and identi- fied as Exhibit 1 be and the same is hereby chan9ed from R-3 (Medium D.:Insity Residential) to C 1 (Retail Business) as con ditioned by a 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 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 Coun cil of the City of Pasco this 6 of Nov 1995 s Joyce DeFelice Mayor Attest s- Catherine Seaman Deputy City Clerk Approved As To Form s Greg •ubstJlo City Attorney #1681 - 11/13/95 A SOLD TO PASCO, CITY OF LEGALS P.O. BOX 293 F ASCO WA 99301 TOTAL $ 71 ..7q 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 AF P A IT F UWCiTN COUNTY OF BENTON SS STATE OF WASHINGTON GFRAI fl 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 #i AR1 nRn #711E; AN 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 _LILL3/99 , and ending on 11 /1 :W99 , and that said newspaper was regulary distributed to its subscribers during all of this period SUBSCRIBED AND SWORN BEFORE ME THIS 76- DAY OF 0(/ Notary public in and for the State of Wash- ington, residing at I. FNNFWJ r COMMISSION EXPIRES