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HomeMy WebLinkAbout4754 Ordinance - The Grove at Broadmoor Rezone R-T to R-4 (Z2024-005)Ordinance Rezone Z 2024-005 – The Grove at Broadmoor - 1 FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington Attn: City Clerk 525 North 3rd Avenue Pasco, WA 99301 ____________________________________________________________________________ ORDINANCE NO. 4754 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF BURNS ROAD, EAST OF ROAD 112, NORTH OF SANDIFUR PARKWAY, AND WEST OF ROAD 108, IN PASCO, FRANKLIN COUNTY, WASHINGTON, FROM R-T, RESIDENTIAL TRANSITION, TO R-4, HIGH DENSITY RESIDENTIAL. WHEREAS, The Walsh Group, the petitioner seeks to rezone Parcel Nos. 115210052 and 115210057, Pasco, Washington; and WHEREAS, a complete and adequate petition for change of zoning classification meeting the requirements of Pasco Municipal Code (PMC) Section 25.210.030 was received by the City of Pasco (City) and, after notice was issued under PMC Section 25.210.040, an open record hearing was conducted by the Pasco Hearing Examiner upon such petition on December 11, 2024; and WHEREAS, based upon substantial evidence and demonstration of the Petitioner that: (a) the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (b) the effect of the proposal on the immediate vicinity is not materially detrimental; (c) there is merit and value in the proposal for the community as a whole; (d) any impacts of the rezone application and anticipated development will be mitigated by the regulations and requirements of the Pasco Municipal Code and the City of Pasco Design and Constructions Standards; (e) a concomitant agreement is not required under these circumstances; and (f) the proposal is consistent with and satisfies all criteria in PMC Section 25.210.060; the Hearing Examiner has recommended to approve the rezone, which findings and recommendation are hereby adopted by the City Council, and the Hearing Examiner Report is hereby incorporated by reference as Exhibit A. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed from zoning district R-T, Residential Transition, to R-4, High Density Residential, for the real property as shown in the Exhibit B attached hereto and described as follows: Parcel 115-210-052: LOT 7 OF RECORD OF SURVEY 1986333 Parcel 115-210-057: LOT 31 OF RECORD OF SURVEY 1986333 Section 2. 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 3. 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 4. 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 21st day of January, 2025. APPROVED AS TO FORM: ___________________________ Kerr Ferguson Law, PLLC City Attorneys _____________________________ Pete Serrano Mayor ATTEST: _____________________________ Debra Barham, MMC City Clerk Published: Sunday, January 26, 2025 Ordinance Rezone Z 2024-005 – The Grove at Broadmoor - 2 CITY OF PASCO LAND USE HEARING EXAMINER IN THE MATTER OF Z 2024-005 Burns Road Rezone ) ) ) ) RECOMMENDED FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION THIS MA TIER having come on for hearing in front of the City of Pasco Hearing Examiner on December 11, 2024, the Hearing Examiner having taken evidence hereby submits the following Recommended Findings of Fact, Recommended Conclusions of Law, and Recommended Decision as follows: I.RECOMMENDED FINDINGS OF FACT 1.PROPERTY DESCRIPTION: 1.1. Legal: 1.1.1.Parcel 1152-10-052: A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST, WILLAMETTE MER IDIAN, CITY OF PASCO, FRANKLIN COUNTY, WA SHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 7 OF AMENDED RECORD OF SURVEY FOR EXEMP T PARCEL SEGR EGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316; THENCE SOUTH 00 °00'19 11 EAST ALONG THE WEST BOUNDARY OF SAID LOT 7 A DISTANCE OF 466.80 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 00°00'1911 EAST ALONG SAID WEST BOUNDARY A DISTAN CE OF 480.38 FEET; THENCE NORTH 89° 57'42" EAST A DISTANCE OF 422.95 FEET TO A POINT OF CURVATURE WITH A TAN GENT CURVE TUR NING TO THE LEFT, HAVING A RADIUS OF 300.03 FEET; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 28.71 FEET, WITH A DELTA ANGLE OF 05°29'00", A CHOR D BEARING OF NORTH 87°13'1211 EAST, AND A CHOR D LENGTH OF 28.70 FEET; THENCE NORTH 84°28'4211 EAST A DISTANCE OF 98.20 FEET; THENCE NORTH 00°00'33" WEST A DISTANCE OF 46 9.31 FEET; THENCE SOUTH 89°59'41" WEST A DISTANCE OF 549.33 FEET TO THE TR UE POINT OF BEGINNING. (LOT 7 PER RS-1986333) 1.1.2.Parcel 115-210-057: A PARCEL OF LAND LOCATED IN THE NORTHEAST QUART ER OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST, WILLAMETTE MER IDIAN, CITY OF PASCO, FR ANKLIN COUNTY, WA SHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 7 OF AMENDED RECORD OF SURVEY FOR EXEMP T PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FR ANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316; THENCE SOUTH OOA.000'19" EAST ALONG THE WEST BOUNDARY OF SAID LOT 7 A DISTANCE OF 466.80 FEET; THENCE NORTH 89°59'4 l" EAST A DISTANCE OF 549.33 FEET; THENCE NORTH 00°00'33" WEST A DISTANCE OF 471.81 FEET TO THE NORTHERLY BOUNDARY OF SAID LOT 7; THENCE SOUTH 89°28'18" WEST Z 2024-005 Burns Road Rezone Page 1 of 5 Exhibit A Item:The Grove at Broadmoor R-T t0 R—4Rezone "Exhibit B"Applicant(s):Walsh Group AFile#2 Z 2024-005 69<2 6? BURNS RD 00c:,_ 1:xvon: 110 230 450 90 |:-:-:—:l Feet