939_00001ORDINANCENO.[39
ANORDINANCEAMENDINGSECTION18.09.020 OF CHAPTER18 OFTHEMOSESLAKECITYCODEENTITLEDZONING
THE CITY COUNCILOF THE CITY OF MOSESLAKE,WASHINGTON,DOORDAINAS FOLLOWS:
Section 1.That the Zoning Map of the City of Moses Lake shall be changed asfollows:
1 The south half of the NWhof the NW¼of the SWhof Section 26,Township19North,Range 28 East,W.M.,County of Grant,State of Washington,shall be changed from Agriculture to R-1,Single Family Residential,except the right-of-way for the city street known as Division Street,said parcel being described as follows:
A tract of land bounded by a line beginning at the northwest corner oftheNWhoftheSW¾of said section;thence south 00°37'43"West alongthewesterlyboundarylineoftheNW¾of the SWhof said section adistanceof663.29 feet to the southwest corner of the north half of theNWNoftheNWhoftheSWhofsaidsection;thence south 89°26'12"eastalongthesoutherlyboundarylineoftheNWhoftheNWhoftheSWhofsaidsectionadistanceof30.00 feet to the easterly right-of-wayboundarylineforthecitystreetknownasDivisionStreet,said pointbeingtheTruePointofBeginning;thence north 00°37'43"east along theeasterlyright-of-way boundary line of said city street a distance of331.66 feet to the northerly boundary line of the south half of the NWhoftheNW¾of the SW4of said section;thence south 89°28'02"east alongthenortherlyboundarylineofthesouthhalfoftheNWhoftheNWhoftheSWhofsaidsectionadistanceof630.87 feet to the northeastcornerofthesouthhalfoftheNWhoftheNWhoftheSWhofsaid sec-tion;thence south 00°34'18"west along the easterly boundary line ofthesouthhalfoftheNW¾of the NWhof the SWhof said section a dis-tance of 332.00 feet to the southeast corner of the NWhof the NWhoftheSW\of said section;thence north 89°26'12"west along the southerlyboundarylineoftheNW\of the NWhof the SWhof said section a dis-tance of 631.20 feet to the True Point of Beginning;containing 4.81acres,more or less.
Section 2.This ordinance shall take effect and be in force five (5)days afteritspassageandpublicationasprovidedbylaw.
PASSEDby the City Council of the City of Moses Lake,Washington,and APPROVEDbyitsMayorthis9thdayofOctober,'l ,1979
Mayor
APPROVEDAS TO FORM:
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ATTACHMENTTOORDINANCENO.939
BEFORETHECITY COUNCILOF THECITYOFMOSESLAKE,WASHINGTON
In the Matter of:
Rezoning Request of Hope .)Findings of Fact,Conclusions,Community Church )and Decision
This matter,having come on before the Roses Lake City Council for action onthe9thdayofOctober,1979,nowmakes the following:
FINDINGSOF FACT
1.The Hope Community Church,Moses Lake,Washington,owns approximately 5 acresoflandbetweenBelairandInglewoodonDivisionintheCityofMosesLakelegallydescribedas:The south half of the.northwest quarter of the north-west quarter of the southwest quarter of section twenty-six,township nine-teen north,range twenty-eight E.W.M.
2.The approximately 5 acres of land ownedby the Hope Community Church ispresentlyzonedAg,Agriculture,and the church has requested that the landberezonedR-1,Single Family Residential,with the intent of requesting aConditionalUsePermitsothatthechurchcanbuilda7800squarefootwor-ship structure on the land.
3.A public hearing before the City Council scheduled upon notice on the issueofrezoningthelandinquestionwasheldonOctober9,1979.
4.Mr.Rod Yerxa,527 Grand,Moses Lake,Washington,appeared during the publichearingandstatedhisobjectiontotherezoningofthelandinquestiononthebasisthatDivision,upon which the land faces,is in a state of dis-repair.
5.Pastor Gregory Bretz of the Hope Community Church appeared during the publichearingandstatedthatthelandwhichthechurchisseekingtorezonecom-prises 25%of the land which the church owns or is purchasing on contract.The church currently owns the approximate 5 acres sought to be rezoned and ispurchasingtheremainderofthelandoncontract.All of the land the churchownsorispurchasingiszonedAg,Agriculture,but the church is seeking therezoningofonlythatportionofthelandthattheyholdtitleto.
6.No other persons appeared during the public hearing other than Mr.Yerxa andPastorBretznorwerethereanywrittenprotestsbyanypersonsfiledwiththeCityofMosesLake.
7.The area immediately to the north,south,and east of the land ownedby theHopeCommunityChurchisaTsopresentlyzonedAg,Agriculture.
8.The area immediately to the west of the land owned by the Hope CommunityChurch,across Division,is presently zoned R-1,Single Family Residential.
9.There is an area a bit to the south of the land ownedb,y the Hope CommunityChurch,commonly referred to as Baron Estates,which is presently zoned R-1,Single Family Residential.
10.The area is essentially a residential area with the Stake House of the ChurchofJesusChristofLatterDaySaints,other churchs,and schools,includingtheMosesLakeHighSchool,in the near vicinity.
CONCLUSIONS
1.The Cit,y Council of the City of Moses Lake is vested with the authority andhasthejurisdictionunderthelawtoentertainandgrantarequesttorezonelandwithinthecity's corporate limits if the criterion required b.y law ismet.
2.There appears,after the public hearing before the City Council on the issueofrezoningthelandownedb,y Hope Community Church,very little oppositiontorezoningthesaidlandfromAg,Agriculture,to R-1,Single Family Resi-dential,the only adverse public commentto the rezoning comingfrom Mr.RodYerxa.
3.Since the area is essentially a residential area with much of the land in thevicinityzonedR-1,Single Family Residential,and since the City of MosesLakeiscognizantoftheneedfortheorderlydevelopmentoflandwithinitscorporatelimitssoastoservethewelfareandbestinterestsoftheentirecommunity,the City Council of the City of Moses Lake believes that rezoningthelandownedbytheHopeCommunityChurchfromAg,Agriculture,to R-1,Single Family Residential,would serve the best interests of the residents oftheCityofMosesLakeandbearasubstantialrelationshiptothepublicwelfareoftheentirecommunity.
Decision
1.The approximately 5 acres of land owned by the Hope Communit.y Church which islegallydescribedinthehereinFindingsofFactandwhichispresentlyzonedAg,Agriculture,is hereby rezoned R-1,Single Family Residential.
2.The rezoning of the land in question is to be or have become effective uponpassageandpublicationofthenecessaryordinanceasisrequiredbylaw.Dated this //o?*f day of October,1979 with the necessary ordinance beingpassedOctober9,1979.
CITYOF S LAK
Donald/E.Swanson,Mayor ?"
Prepared by an pproved as to Form:
p K.Ga ki City Attorney