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Home My WebLink About4709 Ordinance - Valley View Rezone from R-3 wConcomitant Agr to R-3 No Agr (Z2023-015) - UNRECORDEDOrdinance Rezone Z 2023-015 – Valley View Development - 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. 4709 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF AINTREE DRIVE BETWEEN AINTREE LANE AND LADBROKE LANE, PASCO, FRANKLIN COUNTY, WASHINGTON, FROM R-3 (MEDIUM DENSITY RESIDENTIAL) WITH A CONCOMITANT AGREEMENT TO R-3 (MEDIUM DENSITY RESIDENTIAL). WHEREAS, the Petitioner, Valley View Development LLC, seeks to rezone Parcel No. 117430143, located 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 February 14, 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: DocuSign Envelope ID: C2AC430C-4710-466C-84CF-1C0E4EFA84C4 Ordinance Rezone Z 2023-015 – Valley View Development - 2 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-3 (Medium Density Residential) with a Concomitant Agreement to R-3 (Medium Density Residential) for the real property as shown in the Exhibit B attached hereto and described as follows: LOT 2. SHORT PLAT NO. 2016-10. ACCORDING TO THE SURVEY THEREOF RECORDED UNDER AUDITOR'S FILE NO. 1846777, RECORDS OF FRANKLIN COUNTY, WASHINGTON. EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 2; THENCE SOUTH 32°16'02” EAST ALONG THE EAST LINE THEREOF 77.58 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 32°16'02" EAST AND ALONG SAID EAST LINE 145.05 FEET; THENCE LEAVING SAID EAST LINE NORTH 41°57'00" WEST 125.85. FEET; THENCE NORTH 12°57'58” EAST 29.81 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPT FOR THAT PORTION OF LOT 2, SHORT PLAT NO. 2016-10. ACCORDING TO THE SURVEY THEREOF RECORDED UNDER AUDITOR'S FILE NO. 1846777, RECORDS OF FRANKLIN COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 1 OF SAID SHORT PLAT; THENCE SOUTH 00°26’40” WEST ALONG THE WEST LINE THEREOF 114.56 FEET; THENCE NORTH 72°42'49" WEST 11.52 FEET; THENCE NORTH 03°40’20"EAST 111.40 FEET TO THE SOUTH RIGHT-OF- WAY MARGIN OF A PUBLIC ROAD KNOWN AS AINTREE DRIVE; THENCE SOUTH 89°33’57” EAST ALONG THE SOUTH LINE THEREOF 4.75 FEET TO THE TRUE PINT OF BEGINNING; ALSO EXCEPT FOR THAT PORTION OF LOT 2, SHORT PLAT NO. 2016-10. ACCORDING TO THE SURVEY THEREOF RECORDED UNDER AUDITOR'S FILE NO. 1846777, RECORDS OF FRANKLIN COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 1 OF SAID SHORT PLAT; THENCE SOUTH 00°26’40” WEST ALONG THE EAST LINE THEREOF 89.89 FEET; THENCE NORTH 12°57'58”EAST 92.08 FEET TO THE SOUTH RIGHT-OF-WAY MARGIN OF A PUBLIC ROAD KNOWN AS AINTREE DRIVE; THENCE NORTH 89°33'57” WEST ALONG THE SOUTH LINE THEREOF 19.96 FEET TO THE TRUE PINT OF BEGINNING. TOGETHER WITH THAT PORTION OF LOT 39, CHAPEL HILL DIVISION 2, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME D OF PLATS, PAGES 397 AND 398, RECORDS OF FRANKLIN COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 39, SAID CORNER BEING LOCATED ON THE SOUTH RIG HT-OF-WAY MARGIN OF AINTREE DRIVE AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID SOUTH RIGHT-OF- WAY MARGIN AND ALONG A CURVE TO THE RIGHT THROUGH A DocuSign Envelope ID: C2AC430C-4710-466C-84CF-1C0E4EFA84C4 Ordinance Rezone Z 2023-015 – Valley View Development - 3 CENTRAL ANGLE 0F 15'55‘00" HAVING A RADIUS OF 45.00 FEET, AN ARC LENGTH OF 12.50 FEET, A CHORD BEARING SOUTH 81°36'27” EAST AND A CHORD DISTANCE OF 12.46 FEET; THENCE CONTINUING ALONG SAID SOUTH RIGHT-OF—WAY MARGIN SOUTH 73°38'56" EAST 42.74 FEET; THENCE LEAVING SAID SOUTH RIGHT-OF—WAY MARGIN SOUTH 12°57'58” WEST 53.11 FEET TO A POINT ON THE WEST LINE OF SAID LOT 39; THENCE ALONG SAID WEST LINE NORTH 32°16'02” WEST 77.58 FEET TO THE TRUE POINT OF BEGINNING. ALSO TOGETHER WITH THAT PORTION OF LOT 1, SHORT PLAT NO. 2016-10. ACCORDING TO THE SURVEY THEREOF RECORDED UNDER AUDITOR'S FILE NO. 1846777, RECORDS OF FRANKLIN COUNTY. WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 89°33'57” EAST ALONG THE SOUTH LINE THEREOF 137.00 FEET TO THE EAST LINE THEREOF; THENCE NORTH 00°26'40” EAST ALONG THE EAST LINE THEREOF 50.12 FEET; THENCE SOUTH 12°57'58” WEST 30.61 FEET; THENCE SOUTH 52°50'40” WEST 20.00 FEET; THENCE NORTH 86°29'36"WEST 69.41 FEET; THENCE NORTH 72°42'49” WEST 47.23 FEET TO THE WEST LINE OF SAID LOT 1; THENCE SOUTH 00°26'40” WEST ALONG THE WEST LINE THEREOF 25.45 FEET TO THE TRUE POINT OF BEGINNING. 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. DocuSign Envelope ID: C2AC430C-4710-466C-84CF-1C0E4EFA84C4 Ordinance Rezone Z 2023-015 – Valley View Development - 4 PASSED by the City Council of the City of Pasco, Washington, on this 18th day of March, 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Krystle Shanks, CMC Kerr Ferguson Law, PLLC Deputy City Clerk City Attorneys Published: March 24, 2024 DocuSign Envelope ID: C2AC430C-4710-466C-84CF-1C0E4EFA84C4 Exhibit A DocuSign Envelope ID: C2AC430C-4710-466C-84CF-1C0E4EFA84C4 DocuSign Envelope ID: C2AC430C-4710-466C-84CF-1C0E4EFA84C4 DocuSign Envelope ID: C2AC430C-4710-466C-84CF-1C0E4EFA84C4 DocuSign Envelope ID: C2AC430C-4710-466C-84CF-1C0E4EFA84C4 DocuSign Envelope ID: C2AC430C-4710-466C-84CF-1C0E4EFA84C4 DocuSign Envelope ID: C2AC430C-4710-466C-84CF-1C0E4EFA84C4 DocuSign Envelope ID: C2AC430C-4710-466C-84CF-1C0E4EFA84C4 DocuSign Envelope ID: C2AC430C-4710-466C-84CF-1C0E4EFA84C4