HomeMy WebLinkAbout4705 Ordinance - Kelly Rezone RS-12 to R-1 (Z2023-009) - UNRECORDEDOrdinance – Kelly Rezone Z 2023-009 - 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. 4705
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL
PROPERTY LOCATED AT 1802 ROAD 76, PASCO, FRANKLIN COUNTY,
WASHINGTON, FROM RS-12 (RESIDENTIAL SUBURBAN) TO R-1 (LOW-
DENSITY RESIDENTIAL).
WHEREAS, the Petitioner, Jeff Kelly, seeks to rezone Parcel Nos. 118461013 and
118431055, located at 1802 Road 76, 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 13, 2023; 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 – Kelly Rezone Z 2023-009 - 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
RS-12 (Residential Suburban) to R-1 (Low Density Residential) for the real property as shown in
the Exhibit B attached hereto and described as follows:
Parcel 118461013: N2NE4SE4SW4, LESS E 30' FOR 21-9-29 FOR RD 76
(270292)
Parcel 118431055: PTN 21-9-29 DAF; S 130' OF W 110' OF SE4NE4SW4, EXC
CO RDS
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
February, 2024.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: Sunday, February 25, 2025
EXHIBIT A
0 230 450 680 900110
Feet
"Exhibit B"
R‐1
Item: Kelly RS-12 to R-1 Rezone
Applicant(s): Jeff Kelly
File #: Z 2023-009 m