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HomeMy WebLinkAbout4739 Ordinance - Valdivia Annexation Zoning Determination (ZD2024-001)Ordinance – Valdivia - ZD 2024-001 - 1 ORDINANCE NO. 4739 AN ORDINANCE OF THE CITY COUNCIL, OF THE CITY OF PASCO, WASHINGTON, ASSIGNING C-1 RETAIL BUSINESS DISTRICT ZONING TO VALDIVIA ANNEXATION AREA, AS RECOMMENDED BY THE HEARING EXAMINER. WHEREAS, on October 9, 2024, pursuant to PMC 25.220.020, the Hearing Examiner of the City of Pasco conducted a public hearing to develop a recommendation for the assignment of zoning to certain property, as set forth in Section 1 below (Property), in the event the property was incorporated within the City; and WHEREAS, the Hearing Examiner also recommended approval of the proposed zoning designation after concluding, pursuant to PMC 25.210.060, that the proposal: (a) is consistent with the Comprehensive Plan; (b) is not materially detrimental to the immediate vicinity; (c) has merit and value for the community as a whole; (d) does not require conditions or mitigation measures; and (e) does not require a concomitant agreement; and Council hereby adopts the Hearing Examiner’s findings, conclusions and recommendation as depicted in Exhibit A attached hereto; and WHEREAS, on November 18, 2024, Ordinance No. 4737 effectively annexed the Property to the City of Pasco. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the following described area, situated in Franklin County, Washington to-wit: Franklin County Assessor’s Tax Parcel No. 119051197 as described below: That portion of the North half of the Northeast quarter of the Northeast quarter of the Northwest quarter of Section 23, Township 9 North, Range 29 East, W.M., Franklin County, Washington lying northerly of Interstate Highway 182, more precisely defined as lying northerly of a line described as: Beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) CB 24+00 on the CB Line Survey of SR 82, Road 68 Interchange Vicinity to SR 395 Interchange Vicinity, and 45 feet Northeasterly therefrom; Thence Southeasterly parallel with said line survey to a point opposite HES CB 28+13.03 thereon; Thence Northeasterly to a point opposite HES CB 28+40.68 on said CB Line Survey and 110.92 feet Northeasterly therefrom; Thence Easterly to a point opposite HES CB 28+96.15 on said CB Line Survey and 133.82 feet Northeasterly therefrom and the end of this line description; EXCEPT the East 30 feet thereof; AND EXCEPT the North 30 feet thereof; AND EXCEPT any portions lying within W.Argent Road right-of-way and lying within Road 44 (PARCEL 119051197). Situated in Franklin County, State of Washington; comprising approximately 0.16 Acres. Together with and subject to Easements, Reservations, Covenants, and Restrictions, of record and in View, as depicted in the map attached hereto and labeled Exhibit B, be and the same is hereby assigned zoning as follows: C-1 (Retail Business) as depicted in Exhibit B. Section 2. That any and all zoning maps be and the same are hereby amended to conform to the aforesaid assignment of zoning. Section 3. Severability. If any section, subsection, sentence, clause, phrase or word of this Ordinance should be held to the invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause phrase or word of this Ordinance. Section 4. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Section 5. Effective Date. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, on this 18th day of November, 2024. APPROVED AS TO FORM: ___________________________ Kerr Ferguson Law, PLLC City Attorneys Pete Serrano Mayor ATTEST: _____________________________ Debra Barham, MMC City Clerk Published: November 24, 2024 Ordinance – Valdivia - ZD 2024-001 - 2 Exhibit "A" Exhibit "B" Zoning Determination to C-1 - Valdivia Annexation