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HomeMy WebLinkAbout4586 Ordinance - Duarte Rezone from RS-12 to R-1 (Z 2021-017) - RECORDED AFN#1959798 ORDIN p4(22I2022 04:00 PM 5 Page(s)$207.50 Matt Beaton,Auditar Franklin Co.,WA FRANKLIN COUNTY RECORDING COVER SHEET NAME AND RETURN ADDRESS: City of Pasco 525 N. Third Avenue Pasco, WA 99301 FORM COMPLETED BY: Krystle Shanks PHONE# �509)544-3096 PLEASE PRINT OR TYPE INFORMATION: DOCUMENT TITLE(S) (or transaction contained therein) �. Ordinance No.4586 2. Z2021-017 3. GRANTOR(S) (Last name, first name, middle name/initials): 1. Citv of Pasco 2. 3. 4. � Additional names on page of document GRANTEE(S) (Last name, first name, middle name/initials): 1. Juana Veronica Porras Duarte 2. 3. 4. � Additional names on page of document LEGAL DESCRIPTION (Abbreviated: ie.lot, block, plat or section, township, range) PTN SE4 24-9-29 DAF: BEG AT SW COR LOT 25, BLK 24, HEADLIGHT ADD Q Additional legal is on page 2 of document AUDITOR'S REFERENCE NUMBER(S) ASSESSOR'S PROPERTY TAX PARCEL NUMBER 119-300-257 � Additional parcel numbers on page of document The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information EMERGENCY NONSTANDARD REQUEST I am requesting an emergency nonstandard recording for an additional fee of$50.00 as provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. Signature Date 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. 4586 AN ORDINANCE AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED ON A PORTION OF THE SOUTHEAST 1/4 OF SECTION 24, TOWNSHIP 9 NORTH, RANGE 29 EAST, PASCO, WASHINGTON FROM RS-12 TO R-1. WHEREAS, the Petitioner Juana Veronica Porras Duarte, seeks to rezone Parcel 119300257, situated on the northeast corner of North 28th Avenue and West Ella Street in Pasco, Washington; and WHEREAS, a complete petition for change of zoning classification was received by the City and, after notice was issued under PMC 25.210.040, an open record hearing was conducted by the Pasco Hearing Examiner upon such petition on January 12, 2022; and WHEREAS, the Hearing Examiner Report, staff report, and verbatim transcript all form the closed record in this matter and are hereby incorporated by reference as Exhibit A; and WHEREAS,based upon the above record, the Hearing Examiner recommended denial of the rezone request on January 18, 2022,based upon a lack of compliance with petition application criteria found in PMC 25.210.030; and WHEREAS,pursuant to PMC 25.210.070(1), the Petitioner timely filed an appeal, of the Hearing Examiner's recommendation to the City Council, on January 27, 2022; and WHEREAS, the City Council held a closed-record hearing on March 4, 2022; and WHEREAS,based upon substantial evidence in the record, the City Council finds that the facts in the record satisfy the following requirements of PMC 25.210.030 (1) the date the zoning became effective; (2) the changed conditions which are alleged to warrant other or additional zoning;(3)facts to justify the change on the basis of advancing the public health,safety and general welfare; (4) the effect the zone change will have on the value and character of the adjacent Ordinance—Rezone Z 2021-017- 1 property and the Comprehensive Plan;(5) the effect on the property owner or owners if the request is not granted; (6) the Comprehensive Plan land use designation for the property; and (7) any additional information requested by the Hearing Examiner; and, WHEREAS, the City Council finds that substantial evidence in the record supports the following findings of fact and conclusions of law: (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) the rezone application and anticipated development are subject to the regulations and requirements of the Pasco Municipal Code and the City of Pasco Design and Constructions Standards; and (e) a concomitant agreement is not required under these circumstances, the City Council, upon appeal developed the above findings in accordance with PMC 25.210.060 and recommends approval of the rezone, which findings and recommendation are hereby adopted by the City Council. 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 RS-12 (Low-Density Residential)to R-1 (Low-Density Residential), for the real property as shown in the Exhibit A attached hereto and described as follows: A portion of the Southeast 1/4 of Section 24, Township 9 North, Range 29 East defined as follows: Beginning at the Southwest corner of Lot 25, Block 24, Headlight Addition to Pasco,according to the plat thereof recorded in Volume B of Plats,Page 26,records of Franklin County,Washington; Thence Easterly on the South line of Lot 25, on a continuation of said line, a distance of 400 feet; Thence South parallel with the West line of Said Block 24, the Northwesterly right-of-way line of Primary State Highway No. 3, as established by Deed recorded December 10, 1952, under Auditor's File No. 149402; Thence Northeasterly along said Northwesterly right- of-way line to the center line of Jay Street in said addition; Thence Westerly along the center line of Jay Street to the Westerly line of Block 24 extended Northerly in a straight line; Thence Southerly along the Northerly extension of said West line and the West line of Block 24, to the Point of Beginning. EXCEPT that portion thereof condemned by the State of Washington for highway purposes in Franklin County Superior Court Cause No. 12053. TOGETHER WITH the East half of vacated Vancouver Street(Parcel 119300257). Section 2. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. Ordinance—Rezone Z 2021-017-2 PASSED by the City Council of the City of Pasco, Washington, this 18�' day of April, 2022. Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: ���� Debra Barham, CMC Kerr F s n , PLLC City Clerk City r��e Published: 1/1 S i� Z� Z�Z. , Ordinance—Rezone Z 2021-017-3 Item: Duarte Rezone RS-12 to R-1 rv ��Exhibit A�� Applicant: Juana Veronica Porras Duarte w�E File #: Z 2021-017 s w ����� ��� �'� � '�� __ �F�� �� i �S'p `�2�, � � C9 , G�,� '• ��, �� �3� �,. 2 i� i Q' � `` � � � � ��� G f Qm � � �g�i ��'11 �� �� �1 '? 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