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HomeMy WebLinkAbout4797 Ordinance - DNR Rezone from R-T to R-3 & R-T to C-1 (Z2025-008)Ordinance Rezone Z 2025-008 - 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. 4797 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED SOUTH OF BURDEN BOULEVARD, WEST OF ROAD 68, AND NORTH OF INTERSTATE 182, IN PART WITHIN THE AREA BETWEEN THE PLANNED ROAD 76 OVERPASS IN PASCO, FRANKLIN COUNTY, WASHINGTON, FROM R-T (RESIDENTIAL TRANSITION) TO R- 3 (MEDIUM DENSITY RESIDENTIAL) AND R-T TO C-1 (RETAIL BUSINESS). WHEREAS, Tri-County Partners Habitat for Humanity, the Petitioner seeks to rezone Parcel No. 117530015 and a portion of Parcel No. 117500118, located south of Burden Boulevard, west of Road 68, and north of Interstate 182, in part within the area between the planned Road 76 overpass in, 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 September 10, 2025; 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. Ordinance Rezone Z 2025-008 - 2 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 R-T (Residential Transition) to R-3 (Medium Density Residential) and R-T to C-1 (Retail Business) for the real property as shown in the Exhibit B attached hereto and described as follows: Franklin County Assessor’s Tax Parcel No. 117530015 and a portion of Parcel No. 117500118 as described below: PARCEL NO. 117530015 (R-T to R-3) THAT PORTION OF THE NORTH HALF OF SECTION 16, TOWNSHIP 9 NORTH, RANGE 29 EAST, W.M., FRANKLIN COUNTY, STATE OF WASHINGTON, LYING NORTHERLY OF STATE ROUTE 182 AND LYING SOUTHERLY AND WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 16; THENCE SOUTH 89°15'46" WEST, 40 FEET ALONG THE NORTH LINE OF SAID SECTION 16 TO THE WESTERLY MARGIN OF ROAD 76, ALSO BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 00°48'58" WEST, 40 FEET ALONG THE WEST MARGIN OF SAID ROAD 76 TO THE SOUTH MARGIN OF BURDEN BOULEVARD; THENCE NORTH 89°15'16" EAST, 40 FEET ALONG THE SOUTH MARGIN OF BURDEN BOULEVARD TO THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 16; THENCE NORTH 89°15'46" EAST, 168.51 FEET ALONG SAID SOUTH MARGIN; THENCE SOUTH 00°44'18" EAST, 785.50 FEET TO THE NORTHERLY MARGIN OF SAID STATE ROUTE 182 AND THE TERMINUS OF SAID LINE. EXCEPTING THEREFROM THE EAST 162.73 FEET THEREOF. PORTION OF PARCEL NO. 117500118 (R-T to C-1) THE EAST 162.73 FEET OF THE FOLLOWING DESCRIBED PARCEL: THAT PORTION OF THE NORTH HALF OF SECTION 16, TOWNSHIP 9 NORTH, RANGE 29 EAST, W.M., FRANKLIN COUNTY, STATE OF WASHINGTON, LYING NORTHERLY OF STATE ROUTE 182 AND LYING SOUTHERLY AND WESTERLY OF THE FOLLOWING DESCRIBED LINE: Ordinance Rezone Z 2025-008 - 3 BEGINNING AT THE NORTH QUARTER CORNER OF SAID SECTION 16; THENCE SOUTH 89°15'46" WEST, 40 FEET ALONG THE NORTH LINE OF SAID SECTION 16 TO THE WESTERLY MARGIN OF ROAD 76, ALSO BEING THE TRUE POINT OF BEGINNING; THENCE SOUTH 00°48'58" WEST, 40 FEET ALONG THE WEST MARGIN OF SAID ROAD 76 TO THE SOUTH MARGIN OF BURDEN BOULEVARD; THENCE NORTH 89°15'16" EAST, 40 FEET ALONG THE SOUTH MARGIN OF BURDEN BOULEVARD TO THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 16; THENCE NORTH 89°15'46" EAST, 168.51 FEET ALONG SAID SOUTH MARGIN; THENCE SOUTH 00°44'18" EAST, 785.50 FEET TO THE NORTHERLY MARGIN OF SAID STATE ROUTE 182 AND THE TERMINUS OF SAID LINE. SITUATE IN CITY OF PASCO, FRANKLIN COUNTY, STATE OF WASHINGTON; COMPRISING APPROXIMATELY 20 ACRES 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 20th day of October, 2025. _____________________________ David Milne Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, MMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: Sunday, October 26, 2025 EXHIBIT "A" Item:DNR Rezone request from R-T to R-3 &R-T to C-1 N Applicant(s):Tri-County Partners Habitat for Humanity AFile#:Z 2025-008 Tic-1,Retai| .'i/Bysiness Disvict c-1 ,Re Businesi v.9 '' ‘ r -c-1,Rcuil U 200 390 780 1,200 1,60 'Business Feet 9mm m a“:Samar