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HomeMy WebLinkAboutHearing Examiner Packet 10-11 2023 City O co Washington AGENDA Hearing Examiner 6:00 PM - Wednesday, October 11, 2023 Pasco City Hall, Council Chambers & GoToWebinar & GoToWebinar Page 1. REMOTE MEETING INSTRUCTIONS - Individuals, who would like to provide public comment remotely, may continue to do so by filling out the online form via the City's website (www.pasco-wa.gov/publiccomment) to obtain access information to comment. Requests to comment in meetings must be received by 4:00 p.m. on the day of each meeting. Hearing Examiner meetings are broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco- wa.gov/psctvlive and on the City's Facebook page at www.facebook.com/citvofPasco. 2. CALL TO ORDER 3. PUBLIC HEARINGS 2 - 36 (a) Special Permit - Trilogy MedWaste West (SP2023-011) 37 - 72 (b) Rezone - Feng C-1 to R-1 (Z2023-007) 4. ADJOURNMENT Page 1 of 72 w4co REPORT TO THE HEARING EXAMINER City Hall—525 North Third Avenue—Council Chambers WEDNESDAY, 11 October 2023 6:00 PM MASTER FILE#: SP 2023-011 APPLICANT: Trilogy MedWaste West LLC c/o Chad Plata 8554 Katy Freeway#200 Houston.TX 77024 REQUEST: Special Permit:Collection and Transport of Medical waste at 1620 E Salt Lake St. Suite B Pasco, Washington BACKGROUND 1. PROPERTY DESCRIPTION: Leal: Frey's Addition Lots 1 through 12, Block 16 Together with 10' of Vacated Alley, 10' of Vacated Salt Lake Street and 40' of Vacated Montana Street (Parcel 113502079) General Location: Located on the south side of East Salt Lake Street between North California and North Utah Avenues. Property Size: Approximately 1.4 acres (61,247.81 square feet) 2. ACCESS: The property has access from East Salt Lake Street 3. UTILITIES: Municipal water and sewer services are available from East Salt Lake Street. 4. LAND USE AND ZONING: The property is zoned C-3 (General Commercial) and is developed with a commercial warehouse/office facility. Surrounding properties are also zoned C-3 and developed as follows: North C-3 Commercial Warehouse/Office East C-3 Vacant South C-3 Vacant West C-3 Commercial Warehouse/Office 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Commercial uses. Per the Comprehensive Plan, solid waste handling facilities are considered "Essential Public Facilities (EPF); these facilities are capital facilities typically difficult to site because of potential adverse impacts related to size, bulk, hazardous characteristics, noise, or public health and safety. As per the submitted SEPA Checklist,"Spills of medical waste could occur during processing of waste;"and "Spill kits available at warehouse and on vehicles." Per the Comprehensive Plan, the siting process should be consistent with the Franklin County-Wide Planning Policies(CWPP). Policy IV of the CWPP indicates that the County and Cities,along with public participation, shall develop a cooperative regional process to site EPF of regional and statewide importance. The objective of the process shall be to ensure that such facilities are located so as to protect environmental quality, optimize access and usefulness to all jurisdictions, and equitably distribute economic benefits/burdens throughout the region or county. No local comprehensive plan 1 Page 2 of 72 or development regulations will preclude the siting of essential public facilities, but standards may be generated to ensure that reasonable compatibility with other land uses can be achieved. The City establishes the siting criteria with the understanding that some EPF's may not pose any siting difficulties beyond those associated with commercial or public developments.The Planning Director will determine if the facility is an Essential Public Facility. If the facility does not present siting difficulties, it will be relegated to the normal siting process applicable to a facility of its type, as identified in the PMC. Pasco reviews the siting of EPF's with a process established in PMC 25.200,Special Permits. EPF's are listed as unclassified uses in the City's development regulations.As such these uses are generally not restricted by zoning districts,but due to their nature require extraordinary reviewthrough the special permit review process prior to locating within the City. Unclassified uses are listed in PMC 25.200.20 and include the facilities discussed above. If the facility does present siting difficulties, it should be subjected to the siting process as follows: Option 1 1. Determining the Essential Public Facilities. Determine whether the facility is identified as an EPF in the City, County or State list of such facilities and is consistent with the definition under the Growth Management Act. Also, determine that it provides services to the public and there are difficulties in siting the facility in terms of limited availability of sites, location needing proximity to another public facility, and anticipated adverse environmental impact. 2. Review and permit. Review should determine the applicability of the facility,whether such facility already exists,and the service level is adequate.Consistency with the Comprehensive Plan should also be reviewed.The City will participate in an inter-agency review if the facility is of a statewide, countywide or regional nature. Alternative sites for appropriate location and regional fair share should also be considered during the interagency review. Finally, impacts should be identified along with appropriate mitigations measures. The review process can be a case-by-case approach where additional review processes may be required due to the unique nature of the facility. Public should be engaged according to the statutory requirements, and if the facility is anticipated to have an impact on the community. Permitting should begin according to the City's development regulations after determination and review of such facilities. Conditions can be added during the permitting process to address adverse impacts. Option 2 The following additional review shall be combined with the permitting process. However, some review shall be required prior to the permitting process, such as finding the appropriate location for the facility. ■ Applicability. Review shall determine the need of the facility in the light of established level of 2 Page 3 of 72 service. It shall review whether such facility already exists, and the service level is adequate or can be accommodated in an existing facility. ■ Consistency with the Comprehensive Plan. Facilities shall be consistent with the Comprehensive Plan land use map and policies. Facilities, if provided through a special district plan, the special districts plan must also be consistent with the Comprehensive Plan. ■ Multi-jurisdictional approach and CWPP. The facility needs to be consistent with the County- Wide Planning Policies. Interagency review shall be required if the facility is of a statewide, countywide or regional nature. ■ Location. Review of alternative sites for appropriate location and regional fair share considerations. o Facilities shall be allowed in the zoning districts according to the Essential Public Facilities table. o Review and compare between several alternative sites within the City if it is a City provided Essential Public Facility. o Consider several alternative sites in other jurisdictions as well if the facility is a state or county Essential Public Facility providing services of regional nature. ■ Impact and mitigation. Identify the potential impacts of the proposed facility. Impacts shall be identified in the most comprehensive manner to include social, environmental and economic impacts. Measures shall be taken to mitigate the adverse impacts such as noise, odor, pollution, traffic, aesthetics and health and safety concerns. ■ Cost-benefit analysis. The facility's financial impact on the City shall be analyzed. If analysis shows that it would cause a disproportionate financial burden for the community, an agreement shall be required among jurisdictions to mitigate the adverse financial burden when the facility offers regional services. ■ Case-by-case approach. Director of the Community Planning or person of a similar responsibility may add additional review process if required due to the unique nature of the facility.Conditions shall be added in each case to mitigate the adverse impacts and to make the facility compatible with the affected area. All the issues that make the specific facility difficult to site shall be appropriately addressed and mitigated. ■ Public involvement.The public shall be notified according to the statutory requirements. Public meetings shall be conducted by the applicant before the public hearing to address public concerns. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Mitigated Determination of Non-Significance (M DNS) is anticipated to be issued for this project under WAC 197-11-158. ANALYSIS Request Applicant Chad Plata on behalf of Trilogy MedWaste West LLC is requesting permission to collect and transport medical waste to a trailer located at 1620 E Salt Lake St. Suite B (Parcel 113502079), Pasco, Washington, 99301. A rented warehouse on site will be utilized as office space and for storage of empty, 3 Page 4 of 72 clean waste containers. Sealed waste-filled containers will be scanned, weighed, and transferred to the trailer; no waste-filled containers will be opened. One 26' box truck and one 53' trailer will be stored on-site and utilized for the collection and storage of medical waste. Per Pasco Municipal code (PMC) 25.165.120(3) Uses or activities that process or dispose of medical wastes as defined by Chapter 173-303 WAC are required to obtain a special permit following the procedures of Chapter 25.200 PMC. Site The site comprises approximately 1.4 acres (61,247.81 square feet), is zoned C-3 (General Commercial) and is developed with a commercial warehouse/office facility. Surrounding properties are also zoned C-3 and either vacant or developed with similar uses. There is one Pasco School District #1 school (Marie Curie STEM Elementary) to the south, and one proposed (Career and College Academy High School) to the north that are both within a 500' radius of the site. Whittier Elementary School is located adjacent to the east of Marie Curie, slightly more than 500'from the site. History The site is located on Lots 1 through 12, Block 16 of the 1888 Frey's Addition to Pasco subdivision. The subdivision was de-annexed in 1921 (Ordinance 319)and re-annexed in 1963 (Ordinance 1078). The site was improved with an 80' X 145' (11,600 square foot)steel shell industrial building in 2016. Powder coating equipment was installed in the north % of the building in 2019. Proposal Trilogy MedWaste West, LLC has historically operated in Kennewick WA under certificate#G-069567. Per applicant,"Waste collected in Healthcare facilities will be contained in D.O.T.approved tubs or disposable boxes that will be lined with a plastic liner, the liner will be knotted and a lid placed on the tub or box. The tubs and/or boxes will be loaded in the trailer will be tracked with a unique barcode containing the date of pick-up and generator name. Also, a tracking document copy will be stored in the trailer showing generator name, address, contact information, number of containers picked-up and date, allowing BFHD to track any waste stored in the trailer. "Sharps are required to be deposited into approved sharps container prior to placement in boxes or tubs. When handling any medical waste/sharps containers, personnel are encouraged to use available protective gloves if he/she chooses to do so. "The waste does not leave its original packaging and the container is just moved onto a trailer for transport." An email from the City of Pasco's waste disposal franchisee Basin Disposal Inc. (BDI) indicates that the collection of medical waste is a specialize service which Basin does not provide, and that BDI is specifically exempted from collecting medical waste, as per WAC 480-70-041, and Chapter 70A.228 RCW. STAFF FINDINGS OF FACT 1) Notice of the public hearing was sent to property owners within 300 feet of the subject property and the newspaper on 20 September 2023. 2) Notice of the project was sent to Pasco School District (PSD #1) on 14 August 2023; no response was received. 3) Applicant is requesting permission to collect and transport medical waste. 4 Page 5 of 72 4) Wastes would be transported to a trailer located at 1620 E Salt Lake St. Suite B (Parcel 113502079). 5) A rented warehouse on site will be utilized as office space and for storage of empty, clean waste containers. 6) Sealed waste-filled containers will be scanned,weighed, and transferred to the trailer. 7) No waste-filled containers will be opened. 8) One 26' box truck and one 53' trailer will be stored on-site and utilized for the collection and storage of medical waste. 9) Per Pasco Municipal code (PMC) 25.165.120(3) Uses or activities that process or dispose of medical wastes as defined by Chapter 173-303 WAC are required to obtain a special permit following the procedures of Chapter 25.200 PMC. 10) The site comprises approximately 1.4 acres (61,247.81 square feet). 11) The site is zoned C-3 (General Commercial). 12) The site is developed with a commercial warehouse/office facility. 13) Surrounding properties are also zoned C-3 and are either vacant or developed with similar uses. 14) The site is located on Lots 1 through 12, Block 16 of the 1888 Frey's Addition subdivision. 15) The subdivision was de-annexed in 1921 (Ordinance 319) and re-annexed in 1963 (Ordinance 1078). 16) The site was improved with an 80' X 145' (11,600 square foot) steel shell industrial building in 2016. 17) Marie Curie STEM Elementary is located within 500' of the site to the south. 18) The proposed Career and College Academy High School) would be located to the north within a 500' radius of the site. 19) Whittier Elementary School is located slightly more than 500' from the site. 20) Collection of medical waste is a specialize service. 21) The City of Pasco franchisee Basin Disposal Inc. (BDI) does not provide collection of medical waste. 22) BDI is specifically exempted from collecting medical waste,as per WAC 480-70-041,and Chapter 70A.228 RCW. TENTATIVE CONCLUSIONS BASED ON FINDINGS OF FACT As per Pasco Municipal Code (PMC) 25.200.080, Upon conclusion of the open record hearing, the Hearing Examiner shall make and enter findings from the record and conclusions thereof as to whether or not: (1) The proposal is in accordance with the goals, policies, objectives, maps and/or narrative text of the Comprehensive Plan; Per the Comprehensive Plan, solid waste handling facilities are considered "Essential Public Facilities (EPF); these facilities are capital facilities typically difficult to site because of potential adverse impacts related to size, bulk, hazardous characteristics, noise, or public health and safety. Per the Comprehensive Plan, the City establishes the siting criteria with the understanding that some EPF's may not pose any siting difficulties beyond those associated with commercial or public developments. The Planning Director will determine if the facility is an Essential Public Facility. If the facility does not present siting difficulties, it will be relegated to the normal siting process applicable to a facility of its type,as identified in the PMC. Pasco reviews the siting of EPF's with a process established in PMC 25.200,Special Permits. EPF's are listed as unclassified uses in the City's development regulations. As such these uses are generally not restricted by zoning districts,but due to their nature require extraordinary review through the special permit review process prior to locating within the City. (2) The proposal will adversely affect public infrastructure; Public infrastructure is adequate for the proposed use, as the use would have minimal impact. 5 Page 6 of 72 (3) The proposal will be constructed, maintained and operated to be in harmony with the existing or intended character of the general vicinity; The site is already developed with a commercial warehouse and office structure. Pasco municipal code 25.180.110 specifies that"[a]II landscape and screening required under this chapter shall be so maintained as to not detract from the purpose of this chapter and shall be kept reasonably free of weeds and trash. The owner, occupants and persons responsible for or having control of the premises shall be responsible for such maintenance. . . ." (4) The location and height of proposed structures and the site design will discourage the development of permitted uses on property in the general vicinity or impair the value thereof; The site is already developed with a commercial warehouse and office structure. Not further construction is anticipated in conjunction with the proposal. (5) The operations in connection with the proposal will be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district; and Only one vehicle trip per day is contemplated for this proposed use. Per Applicant, "Once waste is placed in the staged trailer, it will be swapped at a minimum on a weekly basis. The trailer will be parked at a designated area that is fenced and locked. will remain padlocked when not being loaded and when WM Healthcare Solutions personnel are not in attendance. "All spills and/or biological events occurring during transport, processing or treatment will be assessed by internal staff to determine if outside resources are required for cleanup purposes. Trained internal staff will respond to spills of less than 20 gallons. Spills exceeding this threshold will require external response. For these events, WM will contact a certified third-party spill responder to provide necessary cleanup. "In the event of a spill/leak, the vehicle will be decontaminated using an EPA approved disinfectant and the leaking container will be properly labeled and placed in a leak proof over-pack. "A spill kit will be located at interior and exterior storage area sites. Spill kits will contain the following contents: Granulated absorbent material (e.g., floor-dry), plastic bags, shovel; broom, dust pan, liquid disinfectant(3-8%sodium hypochlorite and 0.01-0.05%sodium hydroxide sodium mixed with water at a 1 to 5 dilution)and PPE(rubber gloves,face shield, and Tyvek suit(incl. booties)." (6) The proposal will endanger the public health or safety if located and developed where proposed, or in any way will become a nuisance to uses permitted in the district. Per applicant: "The trailer is a 53' lockable enclosed trailer with metal floors. The trailer can hold up to 30,000 lbs. or approximately 500 containers. All waste stored in the trailer will meet WAC 480-70-041 Definition of Biomedical Waste and WM will not accept any hazardous materials. Medical waste will be transported under the authority of Washington Utilities and Transportation Certificate G-237. Only WM Healthcare Solutions personnel will have access to locked trailers." APPROVAL CONDITIONS 1) The special permit shall apply to Parcel# 113502079. 2) Each employee involved in the operations at the facility shall undergo training as required by the applicable local, state, and federal regulations as well as internal corporate requirements. 3) All employees shall have annual medical surveillance evaluations. 6 Page 7 of 72 4) All waste shall be contained in PG2 DOT approved containers and never leave containment. 5) Applicant shall coordinate design of appropriate screening with CED and the Pasco School District. 6) The Special Permit shall become null and void if one or more of the following occur on the premise: a. The site becomes a public nuisance, as defined in per PMC 9.90. b. Nuisance activities, as defined in per PMC 9.90 persist at the site. RECOMMENDATION Staff recommends based on the Findings of Fact and Conclusions herein that a Special Permit be approved for Collection and Transport of Medical waste at 1620 E Salt Lake St. Suite B Pasco, Washington, located on Frey's Addition Lots 1 through 12, Block 16 Together with 10'of Vacated Alley, 10'of Vacated Salt Lake Street and 40' of Vacated Montana Street (Parcel 113502079), with conditions as listed herein. 7 Page 8 of 72 Overview Item: Special Permit - Trilogy MedWaste West N Applicants): Chad Plata Map File #: SP 2023-011 us 82 Tp; N .� �l` , � ,• � Cid -- —.. E.3.arrie+St09, �� `Z`�`at• o' VII]ar%5t - ,t 1 - r J _ - SITE .. . ( rD Y'. 9m .. . ...... Pearl-5t S, � eppard-St _ m nd St E Highlarfd;St y 31 WR by st _ S ❑ - W Court 5t -- - �e5t �-- ��, _� _ _ a ' E:Parm_ew__Bfvd, Arhutus,Ct E m LU r, �, m - m E 6roaclway_St z Q r '" Al ru _SpruJITce-St Adeha St ' �� -Ma. �- `�' ;:. 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E r7y, • Ov � ! 4 _ ` _ E Parkview BIV z A. +� i { 40 280 560 840 1,100 17u I-CE53-f, I xar, Ea t` eloq_r-�a`i A:_,_�-�`c I'7il,Q,k Feet Land Use Item: Special Permit - Trilogy MedWaste West N Applicants): Chad Plata Map File #: SP 2023-011 aca a Servic a Ll pair Q l� Cr�7 I�de ntry, Ln Vacant E:] Vaca t n to e is Gover eta Fa ricat d - iso z V c t ❑ eta l� S�p�Cj°C Retail can Vacant Misc P duc E Trade a Commercial �;_ Busin VD E Sheppard St Servi s 1 [ n - iVacan sc �, scant ElLj _ ervic ° cant z ice c is Vacant Pa SeguM.et pair SITE v c t fes Co�ar t�rcial Vacant /acani d a E r di 7 er L Comer Icr alSa��Lake Sti Q Q - -Z- COT Co "erceii E Ll ~ � - P roleur� Q EL E HiQ land St Misc Com Mis C nor I �, EN acan Com rcial c a nt a' Q 1 Misc can Services - �S ryic q) Fl3lJ ° � erVlCe Wholes le erci Contract - Misc ° Trade\ scan z Q Misc Misc � � mmerci _ � � � - esi� � � Par ing Vacant Q °1 Vacant �anesti Va E 5P° E Parkview Blvd z - Trade R Ll ntra �Un M— rvice e Misc ❑ Con E ucational l` 40 280 550 844 1,1 1 00 [ 0n I ❑ Q a o I SC, 5 � Feet i , ode le ❑ ❑ 0 Specialit Trilogy r Applicant(s): Chad Plata Zoning Map 1 - - SP 2023-011 D 0 PURIPAIN 1 020,Pro—W-O, PAN 0 NO wo DRUM O 0 .VIN �� . �: . ►� moi, ��: � �.r,� ���-• cl 1101010 OR VAN IF FAN ON; 1-1, Light fi �a * � Industria ■ , y ►. i • i y�� FIVIVARA MEN —— tl ai�J', r �.� aQW, . 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Q AT _ IN N yf ' OW -pp - - - '- - - - - - N ♦ �.��� is . i Ya..�.rte --. ,.�,,`xi•.- .Y. r__' _ � sellia" CitOf Community&Economic Development Department Fee:$625 MVs�co PO Box 293,525 N 3 d Ave, Pasco,WA 99301 P:509.545 3441 CITY OF PASCO SPECIAL PERMIT APPLICATION Master File# 51�U2���� Date Submitted: Applicant Info Owner Info (if different than applicant) Name: Name: Chad Plata - Trilogy Medwaste West LLC _John Liniger Address: Address: 8554 Katy Freeway#200 PO Box 7122 Houston. TX 77024 Kennewick WA, 99336 Phone: Phone: 713-205-7233 509-430-7854 Email: Email: compliance@trilogymedwaste.com sunports@hotmail.com Project Address: 1620 E Salt Lake St, Suite B, Pasco WA Project Parcel Number: 113502079 Current zoning: C3- General Business District Source of domesticwater: Columbia River Method of sewage disposal: Publicly Owned Treatment Works Present use of the land and structure(s) if any: Warehousing and storage Updated June 2023 Page 24 of 72 Please describe any existing violations of the zoning ordinance upon the property: No existing violations Give a detailed description of the proposed use that requires a special permit (attach separate sheet if more space is necessary): Medical waste is collected and transported to warehouse for transferring. Medical waste is scanned, weighed and stored on a locked trailer. The warehouse will be utilized for clean ready to use waste containers and a small office space for administrative work. NOTE: Provide a variance report giving a list and mailing address of owners of all property within 300 feet of the applicant's property, as shown by a local title company OR payment of $50.00 which shall be utilized by the City to obtain a current list of property owners of all properties within 300 feet of the applicant's property. Fee for Special Permit - $500.00 Environmental Checklist - $ 75.00 Radius Notification - 50.00 $625.00 SEPA Checklist Site map Fee of$625 Page 25 of 72 PasCOCity Of Community&Economic Development Department Fee:$625 P�' Box 293, 525 N 3`d Ave,Pasco,WA 99301 P:509.545.3441 Signature of Applicant *Notarized Signature of Property Owner State of Washington y ss. County of Franklin J On this_day of , before me the undersigned, a Notary Public in and for the State of , ' Washington, duly commissioned _an sworn, personally ' appeared �l 11' n f L.I I 1 /(�(1Yl,j' being duly sworn on hiVher oath that he/she has prepared and read the foregoing statements and has acknowledged to me that the recitations contained therein are true, and has signed this instrument as(!i s her free and voluntary act and deed for the purposes therein mentioned. SUBSCRIBED AND SWORN to before me this 3 I qday of A-So . �4�MMW.tM.W.+N.Ya4 u1 Gw.Yf.' LLLJcense SIE Z PEREZ Vv otary Public of Washington Notary Publicii n o e State of Washington Number 111389 mmission Expires Residing at ember 28, 2026 My Commission expires Ll 11R,k3 LIA —_ Updated June 2023 Page 26 of 72 XXX-City of Pasco-Special Permit Application_ 7. 19.2023 Final Audit Report 2023-07-20 Created: 2023-07-20 By: Valentina Vreugdenhil(wreugdenlil@t,ilogymedwaste.com, Status: Signed Transaction ID: CBJCHBCAABAADOMsMrIPsPFPoAff3XfcujwXSbA8g6EX "XXX-City of Pasco-Special Permit Application-7. 19.2023" Hist o ry Document created by Valentina Vreugdenhil (vvreugdenhil@trilogymedwaste.com) 2023-07-20-7:10:11 PM GMT Document emailed to Chad Plata (cplata@trilogymedwaste.com) for signature 2023-07-20-7:10:34 PM GMT Email viewed by Chad Plata (cplata@trilogymedwaste.com) 2023-07-20-7:41:28 PM GMT G3© Document e-signed by Chad Plata (cplata@trilogymedwaste.com) Signature Date:2023-07-20-7:42:08 PM GMT-Time Source:server Agreement completed. 2023-07-20-7:42:08 PM GMT r Adobe Acrobat Sign Page 27 of 72 WWASTE MANAGEMENT INC. WASTE MANAGEMENT 720-4 1h Avenue,Suite 400 Kirkland,WA 98033-8136 Operating Procedures for Biohazard Trailer [Revision 2, May 19, 2018-Jeff Norton, Sr. District Mgr] Overview A Waste Management trained driver and collection vehicle based in Kennewick, WA is dispatched daily to service medical waste generating customers in Kennewick, Washington.At the conclusion of the Kennewick route,the driver will unload the containerized medical waste into a 53' enclosed semi-trailer.The containerized waste has unique barcodes for tracking from the generator to the processing facility.The trailer will be replaced on a weekly basis (or sooner). The full trailer is transported to the WM Seattle plant at 749 SW Kenyan St., permitted by Seattle/King County Public Health for treatment via autoclaving and containers identified with "incinerate only" waste will be transported to a regional incinerators.The incinerator utilized is a Waste To Energy facility in Brooks, OR that accepts pathological,trace chemo, and non- hazardous pharmaceutical waste. All waste is contained in PG2 DOT approved containers and never leaves containment. Waste Collected Medical waste consists of the following: "Human blood and blood products" is discarded waste human blood and blood components, and materials containing free-flowing blood and blood products. "Animal waste" is waste animal carcasses, body parts, and bedding of animals that are known to be infected with, or that have been inoculated with, human pathogenic microorganisms infectious to humans. "Sharps waste" is all hypodermic needles, syringes with needles attached, IV tubing with needles attached, scalpel blades, and lancets that have been removed from the original sterile package. Pathological and Trace Chemotherapy: "Pathological waste" is waste human source biopsy materials,tissues, and anatomical parts that emanate from surgery, obstetrical procedures, and autopsy. "Pathological Page 28 of 72 waste" does not include teeth, human corpses, remains, and anatomical parts that are intended for interment or cremation. "Cultures and stocks" are wastes infectious to humans and includes specimen cultures, cultures and stocks of etiologic agents, wastes from production of biologicals and serums, discarded live and attenuated vaccines, and laboratory waste that has come into contact with cultures and stocks of etiologic agents or blood specimens. Such waste includes but is not limited to culture dishes, blood Specimen tubes and devices used to transfer, inoculate, and mix cultures. This waste includes animal waste exposed to pathogens and trace chemotherapy. Non-hazardous Pharmaceuticals: "Non-hazardous Pharmaceuticals" are Non-RCRA only pharmaceuticals including controlled substances prescription drugs and over the counter(OTC) medications. Non-RCRA Pharmaceuticals exempted under the Conditional Exclusion. Medical waste collected is untreated. Customers are required to sign WM's Waste Acceptance Protocol. Waste is checked at the Seattle Processing Plant for radioactivity. Transport Vehicle The collection vehicle, a 2012 Freightliner 24' box truck, is equipped with a spill kit.The truck is domiciled at the Kennewick location. This truck serves the Kennewick,Yakima, and other Central Washington locations.The truck is emptied daily in Kennewick,WA only on the Kennewick service day and maintained by Penske Fleet Maintenance. Beginning June 30, 2017 we will be switching to a newer truck maintained by Penske Fleet Maintenance. Containment& Packaeing Waste collected in Healthcare facilities will be contained in D.O.T. approved tubs or disposable boxes that will be lined with a plastic liner,the liner will be knotted and a lid placed on the tub or box. The tubs and/or boxes will be loaded in the trailer will be tracked with a unique barcode containing the date of pick-up and generator name. Also, a tracking document copy will be stored in the trailer showing generator name, address, contact information, number of containers picked-up and date, allowing BFHD to track any waste stored in the trailer. Sharps are required to be deposited into approved sharps container prior to placement in boxes or tubs. When handling any medical waste/sharps containers, personnel are encouraged to use available protective gloves if he/she chooses to do so. The waste does not leave it's original packaging and the container is just moved onto a trailer for transport. Trailer Activities Page 29 of 72 Once waste is placed in the staged trailer, it will be swapped at a minimum on a weekly basis.The trailer will be parked at a designated area that is fenced and locked.will remain pad locked when not being loaded and when WM Healthcare Solutions personnel are not in attendance. The trailer is a 53' lockable enclosed trailer with metal floors. The trailer can hold up to 30,000 lbs. or approximately 500 containers.All waste stored in the trailer will meet WAC 480-70-041 Definition of Biomedical Waste and WM will not accept any hazardous materials. Medical waste will be transported under the authority of Washington Utilities and Transportation Certificate G-237 (see attached). Only WM Healthcare Solutions personnel will have access to locked trailers. Training Each employee involved in the operations at the facility will be required to undergo training as required by the applicable local, state, and federal regulations as well as internal corporate requirements. Biomedical Waste Treatment Operations personnel receive comprehensive training covering safety and this Operation Plan. Training is mandatory for new employees before starting duties, then annually thereafter for Blood-Borne Pathogen, Medical Waste Handling and Management and PPE. DOT training is done once every two years. Training topics covered include: Blood-borne Pathogens/Facility Exposure Control Plan, Hazard Communication, Waste Acceptance, DOT requirements, Emergency Management, processing and mechanical operations,and Housekeeping Practices. DOT training is done once every two years. Driver certification is required and will be maintained in accordance with DOT regulations. Training records will be maintained at the facility or in the main office at 1611 S.Washington St, Kennewick WA 99337 for three years. All employees will have annual medical surveillance evaluations.At a minimum,there will be monthly safety meetings for all staff. Spill Response All spills and/or biological events occurring during transport, processing or treatment will be assessed by internal staff to determine if outside resources are required for cleanup purposes. Trained internal staff will respond to spills of less than 20 gallons. Spills exceeding this threshold will require external response. For these events,WM will contact a certified third-party spill responder to provide necessary cleanup. In the event of a spill/leak,the vehicle will be decontaminated using an EPA approved disinfectant and the leaking container will be properly labeled and placed in a leak proof over-pack. A spill kit will be located at interior and exterior storage area sites. Spill kits will contain the following contents: Granulated absorbent material (e.g.,floor-dry), plastic bags, shovel; broom, dust pan, liquid disinfectant (3-8%sodium hypochlorite and 0.01-0.05% Page 30 of 72 sodium hydroxide sodium mixed with water at a 1 to 5 dilution) and PPE (rubber gloves, face shield, and Tyvek suit(incl. booties). Liquid Spill Procedures 1) Immediately cover the spill with an absorbent material. 2) Use only a registered EPA biocide disinfectant for clean-up of biomedical liquid spills. 3) Wear appropriate personal protective equipment, disposable gloves, gown, eye protection and shoe covers if necessary. 4) Clean up materials should be processed in the sterilizer. Contaminated soils will be processed at WM Seattle plant at 749 SW Kenyan St. 5) Small volumes of wash water(<10 gallons)will be discharged to the sanitary sewer drain. Dry Spill Procedures 1) Wear appropriate personal protective equipment, disposable gloves, gown, eyewear and shoe covers as necessary. 2) Immediately repackage the material in appropriate container for processing. 3)The old container should be treated immediately. 4) Small volumes of wash water(<10 gallons)will be discharged to the sanitary sewer drain. Emergency contacts/numbers In the event of an emergency such as fire, spill, or explosion the operator should contact the following: Emergency Operator 911 Kennewick Fire Dept is 509-737-0911 ex 6 WM Jesse Jones, Route Manager 971-253-9904 WM Jeff Norton, Sr. District Manager 360 913-4877 Department of Ecology 425 649-7000 Benton-Franklin Health District, Environmental Health Supervisor 509 460-4200 This document was prepared by Jeff Norton, Sr. District Manager. Page 31 of 72 From: Rebecca Francik To: Jeff Adams Subject: Medical Waste Date: Monday,July 10,2023 5:12:46 PM Attachments: imaae.Dno Outlook-ew4cara.ono [NOTICE: This message originated outside of City of Pasco-- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Hello Jeff, I understand you have a person enquiring about the collection of medical waste. This is a specialized service which Basin does not provide. I have attached a WAC and an RCW referring to medical waste along with Basin's contract where we are specifically exempted from collecting medical waste. I hope this will be helpful. If there is any other information we can provide, please feel free to reach out. WAC 480-70-041: Chapter 70A.228 RCW: BIOMEDICAL WASTE 4.23. Disposal Restrictions and Requirements Except as expressly provided herein, Contractor shall not knowingly or negligently collect, transport or dispose of Hazardous Waste or Bio> V Waste, and shall have no responsibility for such waste Contractor shall not be required to collect Hazardous Waste, Biomedical Waste or any other materials that are either restricted from disposal or would pose a danger to Contractor's collection crews. If materials are rejected fcr this reason, Contractor shall leave a written notice with the rejected materials listing why they were not collected and providing the Customer with a contact for further information about proper disposal options. The Customer shall remain responsible fcr all costs associated with handling and disposal of such materials inadvertently collected by Contractor. Rebecca Francik Government Relations rebeccaff@basindisposal.com 509-542-4905 office Cell: 509-380-3583 cell BASIN 4117"d Page 32 of 72 Affidavit of Mailing In regards to MF#SP2023-11 I, Carmen Patrick, hereby confirm that notification was sent by mail September 20, 2023 to the owners of the parcels within 300 feet of the proposed site. The attached Notification List and Notice of Public Hearing are to be used as a reference as to what was sent and to whom received the notification. Given under my hand and official ignature this 201h day, September of 2023. Representative's Signature Page 33 of 72 City� Community Development Department vxCo 1411' PO Box 293,525 N 316 Ave, Pasco,WA 99301 P.509.545.3441/F.509.545.3499 NOTICE OF PUBLIC HEARING Si necesita ayuda para entender este aviso o necesita mas informaci6n, por favor Ilame al Departamento de Desarrollo Comunitario y Econ6mico de la Ciudad de Pasco a 509-545-3441. A public hearing with the Hearing Examiner will be held on Octqber 11,2023,at 6:00 pm Place: Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco,Washington. Proposal: Chad Plata, acting on behalf of Trilogy MedWaste West LLC, has submitted a Special Permit application (SP 2023-011)to collect and transport medical waste to a trailer located at 1620 E Salt Lake St.Suite B(Parcel 113502079), Pasco,Washington,99301. A rented warehouse on site will be utilized as office space and for storage of empty, clean waste containers. Sealed waste-filled containers will be scanned,weighed,and transferred to the trailer; no waste-filled containers will be opened. The proposal is subject to regulations contained in the Pasco Municipal Code. Vicinity Item: Special Permit-Trilogy MedWaste West N Applicant(s): Chad Plata n Map File#: SP 2023-011 /V 9"' �, C- -� � sY SITES + _ ' t 7 . ri r F. r /�1' � r. � "i � s-L'iR'E..�1V� \ ♦ �.�ri.� '�` A. A I _ s At 140 280 560 840 1.10or- 1 I r I� M Feet Page 1 of 2 Page 34 of 72 NAME ADDRESS CITY STATE ZIP CONNELL OIL INC PO BOX 3998 PASCO WA 99302 DAVID L (JR)JACOBS 164 CHAROLAIS TRL PASCO WA 99301 SILVESTRE HUESO (ETUX) 1506 E SALT LAKE ST PASCO WA 99301 DON & CHRISTINE BARNES 2616 S KELLOGG ST KENNEWICK WA 99338 MARK A& SHAMAREE FORTUNE 291 CHAMBERLAIN LANE WALLA WALLA WA 99362 ARTURO NUNEZ 606 W COLUMBIA ST PASCO WA 99301 FRANKLIN CONSERVATION DISTRI 1724 E SUPERIOR ST PASCO WA 99301 ARTURO NUNEZ(ETAL) 606 W COLUMBIA ST PASCO WA 99301 JOHN F LINIGER 8706 W 6TH AVE KENNEWICK WA 99336 M & L CONTRACTOR LLC 610 W LEWIS ST#A PASCO WA 99301 4-0 CATTLE CO EMBARK SERVICE:175 HIGHWAY 82 LOSTINE OR 97857 CRISTELA ARANELI ESQUIVEL 7529 W WILLAMETTE AVE KENNEWICK WA 99336 JEFF ADAMS 8007 W 20TH AVE KENNEWICK WA 99338 v cn m CA) cn 0 N From: Jeff Adams Bcc: John Weatherby.; rsital(cbosdl.org Subject: FW: SEPA 2023-052 NOA Trilogy MedWaste West Date: Monday,August 14,2023 5:04:32 PM Attachments: SEPA 2023-052 NOA Trilogy MedWaste West.pdf SEPA 2023-052 Checklist Trilogy MedWaste West.pdf SP 2023-011 Application Trilogy MedWaste West.pdf BL 41192 Trilogy MedWaste LLC BFHD Ops Plan Version-2017.pdf To whom it may concern— Chad Plata, acting on behalf of Trilogy MedWaste West LLC, has submitted a SEPA Checklist(SEPA 2023-052) and a Special Permit application (SP 2023-011)to collect and transport medical waste to a trailer located at 1620 E Salt Lake St. Suite B (Parcel 113502079), Pasco, Washington, 99301. A rented warehouse on site will be utilized as office space and for storage of empty, clean waste containers. Sealed waste-filled containers will be scanned, weighed, and transferred to the trailer; no waste-filled containers will be opened. The proposal is subject to regulations contained in the Pasco Municipal Code. Pertinent documents have been attached herein for your review: Public Comment Period: Written comments must be submitted to the Community Development Department by 5:00 p.m. on 17 August 2023. Only comments received by the referenced date will be included in the SEPA record. If you have questions on the proposal, contact the Planning Division at (509) 545-3441 or via e-mail to: adamsoPpasco-wa.gov. Determination of Completeness: The application has been declared complete for the purpose of processing. Thank you for your consideration, Jeffrey B. Adams Associate Planner Pasco 525 N. 3rd Avenue Pasco, WA 99301 509.544.4137 adamsj@pasco-wa.gov http://www.pasco-wa.aov/ Page 36 of 72 0iiiiftCity of REPORT TO HEARING EXAMINER f �co PUBLIC HEARING VS City Hall-525 North Third Avenue- Remote WEDNESDAY, 11 October 2023 6:00 PM TER FILE#: Z 2023-007 APPLICANT: Maoqi Mark Feng 124 Pinionwood Ct Richland, WA 99352 REQUEST: REZONE: 1028 West Nixon Street Rezone from C-1 (Retail Business District) to R-1 (Low-Density Residential) BACKGROUND 1. PROPERTY DESCRIPTION: Leal: Lots 17 to 20 Block 2 Kurth's Revised Plat, together with easements on Lots 15 & 16; Reserving Easements on Lots 17& 18 to Grantor(281959); (Parcel 112124219). General Location: Said property is located along the south side of West Nixon Street and near the Southeast corner of North 12th Avenue, in Pasco WA. Property Size: Approximately .22 acres (9,499.62 square feet) 2. ACCESS: The parcel has access from West Nixon Street. 3. UTILITIES: Municipal water and sewer are available in the alley between West Nixon and West Sylvester Streets. 4. LAND USE AND ZONING: The site is zoned C-1 (Retail Business District)and is vacant.Surrounding properties are zoned and developed as follows: NORTH:R-1 SFDUs EAST: C-1 APARTMENTS SOUTH:C-1 American Legion Post 34 Hall WEST: R-1/C-1 SFDU/Teamsters Local Union 839 5. Comprehensive Plan:The City of Pasco Comprehensive Plan designates this site as "Low-Density Residential." The Low-Density Residential designation accommodates a Variety of residential housing at a density of 3 to 6 dwelling units per acre, and may be assigned R-S-20, R-S-12, R-S-1, R-1, R-1-A, or R-1-A2 zoning. Per PMC 25.215.015 maximum gross density of any proposed development within any zoning district,expressed as dwelling units per acre,shall be no less than the corresponding minimum density expressed in the Comprehensive Plan land use density table, and no greater than the corresponding maximum density expressed in the Comprehensive Plan land use density table, except as provided in Chapter 25.161 PMC. Housing Goal H-1 requires the City to encourage housing for all economic segments of the city's population consistent with the local and regional market; Housing Policy H-1-A further details that the City should allow for a full range of housing including single family homes, townhouses, condominiums, apartments, and manufactured housing, accessory dwelling units, zero lot line, planned unit developments etc. 1 Page 37 of 72 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the State Environmental Policy Act ("SEPA") checklist, Comprehensive Plan, applicable regulations, and other information, a threshold determination resulting in a Determination of Non-Significance (DNS) for this project was issued on 11 September 2023, under WAC 197-11- 158. ANALYSIS Request Applicant Maoqi Mark Feng wishes to rezone Lots 17 To 20 Block 2, Kurth's Revised Plat together with Easement on Lots 15 & 16, located at 1028 W Nixon St. (Parcel 112124219) in Pasco, WA 99301 from C-1 (Retail Business) to R-1 (Low-Density Residential). The site comprises approximately .22 acres (9,499.62 square feet). The underlying Land Use Code has recently been amended to "Low-Density Residential," which specifies 3 to 6 dwelling units (DU) per acre. History The site was platted in 1939, as part of the Kurth's Addition to Pasco Re-Plat. Rights-of-way were dedicated in conjunction with the 1939 Kurth's Addition to Pasco Re-Plat; the plat originally contained 25'-wide lots and 80'-wide street rights-of-way,as well as 20'wide east-west alleys.The site was assigned R-1 zoning in 1938 via Ordinances 435.The zoning for the site has since been listed by the City of Pasco as C-1 for at least the last 20 years, although staff has not been able to find the applicable rezone ordinance to date. A 3,022-square-foot office building was built on the site around 1954 and used as a dental office from around 1996 to around 2018. Applicant purchased the site in August of 2021.The building appears to have been vacant from 2018 until its sale in 2021. On 20 July 2022, and again on 12 January 2023, code complaints (CODE 2022-0153; CODE 2301-0066, respectively)were submitted alleging that the office suites at this location had been remodeled and were now residential uses. A code officer was told that the intent for this property was to turn it into a hotel. Applicant was advised that hotel units could only be occupied as short-term rentals and not as a residential rental property. The complaints further alleged that no building permits were issued for any remodeling/change of occupancy; no rental license was on file, and or rental inspection was submitted. A Stop Work order was issued on July 22, 2022. A further code complaint was filed on January 19, 2023 (CODE 2301-0098) alleging that the building did not pass a required fire inspection, and that applicant failed to respond to an inspection request. A Code Enforcement Board (CEB) case was opened on July 22, 2022 (CEB 2022-0934). A Notice of Civil Violation was issued on August 23, 2022,setting October 6, 2022 as a hearing date; a Continuation Notice (CN) was subsequently issued on October 04, 2022 with a hearing date set for November 03, 2022; another CN was issued on November 01, 2022 listing a new December 01, 2022 hearing date. Following the CEB December 1, 2022 hearing a Compliance Determination and Order (CD&O) was issued for the following Code Violations: 1) Failure to obtain a Certificate of Occupancy for residential apartments. (Not Corrected) 2) Failure to secure a City of Pasco building permit for interior remodel of property. (Not Corrected) 2 Page 38 of 72 A Penalty Notification was also issued on December 2, 2022. On January 11, 2023 a follow-up email was sent in connection with a building permit plan review. During this time Applicant applied for a building permit (September 20, 2022) to replace four windows and to install two water heaters and three sliding doors. Based on a floorplan submitted on October 26, 2022, the office was to be converted into a three-unit residential structure. On November 18, 2023 the City issued a hold on the building permit application with the following notes: Building Division (509) 543.5766 1) Notes indicate that these units are being utilized as dwellings. Indicate location of all separate units. Each dwelling unit must be separated by 2-hour firewalls. Provide details on how these separation walls will be constructed. 2) Minimum habitable room dimension is 7' in any direction and having minimum 70sf. Several rooms do not meet this minimum threshold.This has not been satisfied. 3) Provide proposed kitchen arrangements including required ventilation. Planning Division (509) 544.4143 1) Current zoning of this lot is C-1 (Retail Business). The Comprehensive Plan Designation is Low- Density Residential. 2) To get a Tri-Plex Residence approved a rezone will be required. The minimum residential zoning designation needed for a Tri-Plex on this lot is R-2 (Medium Density Residential) On December 21,2022 Applicant applied for a commercial building permit,which was approved,for office use. Rezone Criteria The initial review criteria for considering a rezone application are explained in PMC.25.88.030.The criteria are listed below as follows: 1. The date the existing zone became effective: The site was assigned R-1 zoning in 1938 via Ordinances 435. The zoning for the site has since been listed by the City of Pasco as C-1 for at least the last 20 years, although to date staff has not been able to find the applicable rezone ordinance. 2. The changed conditions, which are alleged to warrant other or additional zoning: In 1963 and 1980 the Comprehensive Plan Land Use Map designated the site for Commercial uses. By 2000 the site had been amended to Low-Density Residential, and has remained so since. On January 24, 2022 Council approved Ordinance 4575, amending the Zoning code, including Pasco Municipal Code (PMQ 25.45 relating to the R-1 zoning district. The approved ordinance changed the purpose of the R-1 zone found in PMC 25.45.010, as follows: "The R-1 low density residential district is established to provide a low to medium density residential environment compliant with the Comprehensive Plan land use density table in PMC 25.215.015,"herein adding "medium density" to the descriptor. As well, PMC 25.45.020 added zero-lot line dwellings, multiple dwellings, duplexes, triplexes, and courtyard apartments to the mix of allowed uses in the R-1 zoning district. The density requirement in PMC 25.45.050 was also amended to eliminate the one-unit-per-lot development restriction. 3. Facts to justify the change on the basis of advancing the public health,safety and general welfare: 3 Page 39 of 72 The site has been designated for Lor-Density Residential since at least 2000. Low-Density Residential allows for a Variety of residential housing at a density of 3 to 6 dwelling units per acre, and may be assigned R- S-20, R-S-12, R-S-1, R-1, R-1-A, or R-1-A2 zoning. Per PMC 25.215.015 maximum gross density of any proposed development within any zoning district, expressed as dwelling units per acre, shall be no less than the corresponding minimum density expressed in the Comprehensive Plan land use density table, and no greater than the corresponding maximum density expressed in the Comprehensive Plan land use density table, except as provided in Chapter 25.161 PMC The rezone application and proposal are consistent with the Council-approved amendments to the Pasco Comprehensive Plan, which has been determined to be in the best interest of advancing public health, safety and general welfare of the community. 4. The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: A change in zoning would be consistent with the comprehensive plan Land Use Map Low-Density Residential designation for the site.According to the table in Pasco Municipal Code(PMQ 25.215.015, the Low-Density Residential classification is intended to accommodate "[a] Variety of residential housing at a density of 3 to 6 dwelling units per acre,"and allows for R-S-20,R-S-12, R-S-1, R-1, R-1-A, and R-1-A2 zoning designations. A move away from nonconforming uses and toward conforming uses is anticipated to stabilize property values in and enhance the character of the neighborhood. 5. The effect on the property owner or owners if the request is not granted: Per Applicant, If the property remains with the current C-1 zoning designation, the owner will still use the property for commercial use as offices. 6. The Comprehensive Plan land use designation for the property: The City of Pasco Comprehensive Plan designates this site as "Low-Density Residential." The Low-Density Residential designation accommodates a Variety of residential housing at a density of 3 to 6 dwelling units per acre, and may be assigned R-S-20, R-S-12, R-S-1, R-1, R-1-A, or R-1-A2 zoning. Per PMC 25.215.015 maximum gross density of any proposed development within any zoning district, expressed as dwelling units per acre, shall be no less than the corresponding minimum density expressed in the Comprehensive Plan land use density table,and no greater than the corresponding maximum density expressed in the Comprehensive Plan land use density table, except as provided in Chapter 25.161 PMC. 7. Such other information as the Hearing Examiner requires: The rezone application is consistent with and meets the intent of the Comprehensive Plan, and City Council Goals. STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report.The Hearing Examiner may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. Public notice of this hearing was sent to property owners within 300 feet of the property and posted in the Tri-City Herald on 20 September 2023. 2. Applicant wishes to rezone 1028 W Nixon St. (Parcel 112124219)from C-1 (Retail Business) to R- 1 (Low-Density Residential). 3. The site comprises approximately .22 acres (9,499.62 square feet). 4 Page 40 of 72 4. The underlying Land Use code has recently been amended to "Low-Density Residential," which specifies 3 to 6 dwelling units (DU) per acre. 5. The site was platted in 1939, as part of the Kurth's Addition to Pasco Re-Plat. 6. The site was assigned R-1 zoning in 1938 via Ordinances 435. 7. The zoning for the site has since been listed by the City of Pasco as C-1 for at least the last 20 years. 8. A 3022-square-foot office building was built on the site around 1954. 9. The Office on the site was used as a dental office from around 1996 to around 2018. 10. Applicant purchased the site in August of 2021. 11. The building appears to have been vacant from 2018 until its sale in 2021. 12. On 20 July 2022, and again on 12 January 2023, code complaints (CODE 2022-0153; CODE 2301- 0066, respectively) were submitted alleging that the office suites at this location had been remodeled and were now residential uses. 13. A Code Enforcement Board (CEB) case was opened on July 22, 2022 (CEB 2022-0934). 14. A Compliance Determination and Order(CD&O) was issued for the following Code Violations: a. Failure to obtain a Certificate of Occupancy for residential apartments. (Not Corrected) b. Failure to secure a City of Pasco building permit for interior remodel of property. (Not Corrected) 15. Applicant applied for a building permit (September 20, 2022) to replace four windows and to install two water heaters and three sliding doors. Based on a floorplan submitted on October 26, 2022,the office was to be converted into a three-unit residential structure. 16. On November 18,2023 the City issued ahold on the building permit application with the following notes: a. Building Division (509) 543.5766 i. Notes indicate that these units are being utilized as dwellings. Indicate location of all separate units. Each dwelling unit must be separated by 2-hour firewalls. Provide details on how these separation walls will be constructed. ii. Minimum habitable room dimension is 7' in any direction and having minimum 70 square feet. Several rooms do not meet this minimum threshold.This has not been satisfied. iii. Provide proposed kitchen arrangements including required ventilation. b. Planning Division (509) 544.4143 i. Current zoning of this lot is C-1 (Retail Business). The Comprehensive Plan Designation is Low-Density Residential. ii. To get a Tri-Plex Residence approved a rezone will be required. The minimum residential zoning designation needed for a Tri-Plex on this lot is R-2 (Medium Density Residential) 17. On December 21, 2022 Applicant applied for a commercial building permit, which was approved, for office use. TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of a rezone,the Hearing Examiner must develop findings of fact from which to draw its conclusions based upon the criteria listed in PMC 25.210.060. The criteria are as follows: 1. The proposal is in accordance with the goals and policies of the Comprehensive Plan. The Land Use Element of the Comprehensive Plan designates the lot "Low-Density Residential District."A change in zoning would be consistent with the comprehensive plan Land Use Map designation for the site. 5 Page 41 of 72 According to the table in Pasco Municipal Code (PMC) 25.215.015, the Low-Density Residential classification is intended to accommodate "[a] Variety of residential housing at a density of 3 to 6 dwelling units per acre,"and allows for R-S-20, R-S-12, R-S-1, R-1, R-1-A, and R-1-A2 zoning designations. A rezone could help to implement Policy H-1-A of the following policy from the Comprehensive Plan: "Allow for a full range of housing including single family homes, townhouses, condominiums, apartments, and manufactured housing, accessory dwelling units, zero lot line, planned unit developments etc." 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. The site is adjacent existing single-family neighborhoods. A move away from nonconforming uses and toward conforming uses is anticipated to stabilize property values in and enhance the character of the neighborhood. 3. There is merit and value in the proposal for the community as a whole. The proposed zoning designation is consistent with the Comprehensive Plan Land Use Map and the Goals and Policies as adopted by the Pasco City Council. A move away from nonconforming uses and toward conforming uses is anticipated to stabilize property values in and enhance the character of the neighborhood. 4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal. The rezone application and anticipated project are subject to the regulations and requirements of the Pasco Municipal Code and the City of Pasco Design and Construction Standards. As such, no conditions should be imposed; any future development will be evaluated for significant adverse impacts at the time of a development application, which will also be subject to review under the State Environmental Policy Act(SEPA). 5. A Concomitant Agreement should be entered into between the City and the petitioner, and if so, the terms and conditions of such an agreement. No Concomitant Agreement is considered necessary for this application. RECOMMENDATION Staff recommends based on the Findings of Fact and Conclusions herein,that Lots 17 to 20 Block 2 Kurth's Revised Plat, together with easements on Lots 15 & 16; Reserving Easements on Lots 17 & 18 to Grantor (281959); (Parcel 112124219), in Pasco WA., be rezoned from C-1 (Retail Business District) to R-1 (Low- Density Residential). 6 Page 42 of 72 a • Map Applicant(s): * 1 ■ Wi 16044 it,N,10 tw 1011 HE ON% gild _ � _� ■ � � OUR .. ick _ '' • 1 1 11 1,300 1,7011 2 fir+ m Feet 0111 ;iii` VT i n Vicinity Item: Rezone - 1028 W Nixon St - C- 1 to R- 1 N Applicant(s): Mao i Mark Fen � g Map File #: Z 2023-007 ., tom. - •� .,► lid ;y 1fj d1A... W Nixon St SITE ! p,G r _ m - N F - J r _ ZA NCP _ , i►r W Sylvester St I . 35 74 140 210 280 �o � CD m.? • SC7L11-C2: t-•l. W.axar;E-q,CthSt .e Feet , Land Use Item: Rezone - 1028 W Nixon St - C- 1 to R- 1 N Applicant(s): Maogi Mark Feng Map File #: Z 2023-007 7 1 ResVUn l 1 SFDUSFDU �2 _ � SF s Residential FDU DU Resi ential SFDResidential - 2-4 Units - 2- Units - 2-4 Units 4 Z Ll W Nixon St SITE � Q m � cnI z F1 tial N esid ial Parking SFDUs - 2-4U its - Multi nits Ll a� t Resi Mal Ll Ll Mul iis-- 1 SFDUs Se es; Retail T 5 s Vacant Pe nal Activities W Sylvester St m > Z 35 70 140 210 28 �� S Us General G neral � Feet Me handise FDU Mer'hand se Z 1N �FDUs cu ZoningItem: Rezone - 1028 W Nixon St - �- 1 to R- 1 N Applicant(s): Maogi Mark Feng Map File #: Z 2023-007 � L_� I L7- L I L-1 I IL ❑ R-1, L -D nsity 1, L - e sity Re iOential esident al o i str i�trict �� z L-F W Nixon St SITE � Q CD [R- , Low-Den ity N esidentia Distm Q t z C-1;, Retail C-1, Retail Ll 10I Low- ensity Business Business aside tial District District `-District W Sylvester St m > Z ¢' a '?A 35 74 140 210 28 -1, Low-Dens y Feet z int I 1,District Comp Plan Item: Rezone - 102 8 W Nixon St - C- 1 to R- 1 N Applicant(s): Maogi Mark Feng Map File #: Z 2023-007 F H El ❑ ❑ Q a z Lov, Density Low De sity idential Kesidential W Dixon 5t SITE � Q CD v N Ll N Q t H d r-I Low Density Lmv ensity Res dential R. i ential W Sylvester St m > Z Q' Q 35 70 140 210 28 o Feet z 79'-9" 8,_3$" 8'_8$" 9'-5"� 20'-716 �7,_1$„- �9'-8 10.216, 9' 0 0 00 4' 4'_1 30' 9'-14" 14' !v 8,_6„ � 40' oD N L 8'_3-"-�11'-2-' 28'-1 6 716' 1 11„ L 3�_g�� 8 87, 16 2-116 5-4T9-�' 21,_o-„ T-5-- 6-2-21" -5"5-22' L T-41,"��3- -20'-5"- 1028 '-20,_5,-1028 W Nixon St, Pasco WA N CURRENT 1ST FLOOR PLAN 42' ELECTRICAL ELECTRICAL PANEL-1 PANEL-2 WATER HEATER-1 WATER HEATER-2 O cQ HEATING& 21' (D COLLING-2 O HEATING& WATER LOLLING-1 HEATER-3 HEATING& COLLING-3 IRRIGATION CONTROL PANEL 1028 W Nixon St, Pasco WA N< CURRENT BASEMENT FLOOR PLAN -- MOP S lut-✓2r ' : � bYA�'� �►�W+ Loo—co) v✓y.L j'F6194 © (\ CD CD O -' c� � N n 3p — C IAS f i Z' �( 3� Glo-4s:� ✓;.��1 {�wr►� rec{��C � �tcl�er L 71-41"—JL TIL T-41 1 1028 W Nixon St, Pasco WA N CURRENT 1ST FLOOR PLAN ELECTRICAL ELECTRICAL PANEL-1 PANEL-2 WATER �lot HEATER-1 WATER HEATER-2 v HEATING& 21 cr COLLING-2 O ~' HEATING& WATER N COLLING-1 HEATER-3 I\i HEATING& COLLING-3 IRRIGATION CONTROL PANEL 1028 W Nixon St, Pasco WA N< CURRENT BASEMENT FLOOR PLAN L I Looking North 4' rF�w t Looking Northe �� .• e rid`a "� •'' ti 's- +":Y F•-. 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The attached Notification List and Notice of Public Hearing are to be used as a reference as to what was sent and to whom received the notification. Given under my hand and official signature this 201h day, September of 2023. ''-b, k�,— Representative's Signature Page 65 of 72 NAME ADDRESS CITY STATE ZIP MARGARITO&LETICIA RAMIREZ 1705 ROAD 68 PASCO WA 99301 JULIO C HERNANDEZ 936 W JAN ST PASCO WA 99301 ADAM SAUCEDA 932 W JAN ST PASCO WA 99301 JANET L &JEFFREYJ ANDERSON 3911 ROAD 108 PASCO WA 99301 JAIME FERNANDO RUIZ(ETAL) 924 W JAN ST PASCO WA 99301 JOHN D CLAYTON (ETAL) 920 W JAN ST PASCO WA 99301 AGUSTIN &MARIA D SAPIEN 916 W JAN ST PASCO WA 99301 ELK1S ECHEVERRIA VAZQUEZ 912 W JAN ST PASCO WA 99301 JUANA R FARIAS 690 STASTNEY RD SACRAMENTO CA 99330 GREGORY& KAREN ROE 1930 N 7TH AVE PASCO WA 99301 YOLANDA VAZOUEZ 1902 N 7TH AVE PASCO WA 99301 ADOLFO V& DARCIE M SANCHEZ 907 W LEOLA ST PASCO WA 99301 LARA&SETH ROHRER 914 TOMICH AVE RICHLAND WA 99352 SCOTT GRAY(ETAL) 915 W LEOLA ST PASCO WA 99301 TERRENCE M BRAIN 919 W LEOLA ST PASCO WA 99301 RODRIGO V MORENO MARTINEZ 923 W LEOLA ST PASCO WA 99301 ARIANA F LOPEZ 927 W LEOLA ST PASCO WA 99301 NABOR& BERTA CANO 2003 N 9TH AVE PASCO WA 99301 ANTONIO (ETUX)MARTINEZ 935 W LEOLA ST PASCO WA 99301 NABOR CANO 2003 N 9TH AVE PASCO WA 99301 MARIA C HERRERA 1911 N 9TH AVE PASCO WA 99301 ROSENDO& BERTHA MAGANA 107 E RIVERSIDE DR SUNNYSIDE WA 98944 PATOCIA FLORES(ETVIR) 932 W LEOLA ST PASCO WA 99301 ESYgLLA G MAGANA 928 W LEOLA ST PASCO WA 99301 GAU®ENCIO P MORENO (ETUX) 924 W LEOLA ST PASCO WA 99301 SE IO& MA NORMA RODRIGUEZ 920 W LEOLA ST PASCO WA 99301 MA ALENA AGUILAR(ETUX) 916 W LEOLA ST PASCO WA 99301 MARiC & BEATRICE OUINTERO 912 W LEOLA ST PASCO WA 99301 DAVID A & DEIDRE R HOLMBERG 908 W LEOLA ST#A PASCO WA 99301 ALLAN & LINDA MCCOLLOCH 2004 N 9TH AVE PASCO WA 99301 MARTIN& ROSA ARROYOS 2115 N 9TH AVE PASCO WA 99301 MARCENIA FARNSWORTH 2111 N 9TH AVE PASCO WA 99301 SANDRA J MILLER(DAILEY) ETUX 2107 N 9TH AVE PASCO WA 99301 ALMA V& ADRIAN CORPUS 4403 ANTIGUA DR PASCO WA 99301 FIDEL LUCATERO 935 W JAN ST PASCO WA 99301 DEMSE C VILLA 929 W JAN ST PASCO WA 99301 JAMES &CAROL PARSONS 2104 N 8TH AVE PASCO WA 99301 URIEL. RAMIREZ PO BOX 5147 PASCO WA 99302 JOSE F YACUTA 2116 N 8TH AVE PASCO WA 99301 HUGO E VALENCIA(ETAL) 2117 N 8TH AVE PASCO WA 99301 WILLIAM G COX 2111 N 8TH AVE PASCO WA 99301 FRANKIE J HURLEY 2105 N 8TH AVE PASCO WA 99301 ELKIS PINEDA ECHEVERRIA 907 W JAN ST PASCO WA 99301 CARMELO (ETUX) CASTILLO 903 W JAN ST PASCO WA 99301 JESUS V& OLIVIA HERNANDEZ 2108 N 7TH AVE PASCO WA 99301 JOSE D &ANGELINA GUEVARA 1920 N 9TH AVE PASCO WA 99301 LUCY HERNANDEZ (ETAL) 1918 N 9TH AVE PASCO WA 99301 ARELY HERNANDEZ CRUZ 1916 N 9TH AVE PASCO WA 99301 LUCILA M MUNGUTA 1914 N 9TH AVE PASCO WA 99301 JEFF ADAMS 8007 W 20TH AVE KENNEWICK WA 99338 city° vs�coCommunity Development Department PO Box 293,525 N 3"'Ave, Pasco,WA 99301 P.509.545.3441/F. 509.545.3493 NOTICE OF PUBLIC HEARING Si necesita ayuda para entender este aviso o necesita m6s informaci6n,por favor (lame al Departarnento de Desarrollo Comunitario y Economico de la Ciudad de Pasco a 509-545-3441. A public hearing with the Hearing Examiner will be held on October 11,2023,at 6:00 pm Place:Council Chambers in Pasco City Hall at 525 N 3rd Avenue in Pasco,Washington. Proposal: Maoqi Mark Feng has submitted a Rezone application (Z 2023-007) from C-1 (Retail Business) to R-1 (Low-Density Residential) for Lots 17 To 20 Block 2, Kurth's Revised Plat together with Easement on Lots 15& 16; reserving Easements On Lots 17 &18 To Grantor(281959), located at 1028 W Nixon St. (Parcel 112124219)comprising approximately.22 acres(9,499.62 square feet) in Pasco,WA 99301,Said property is located alongthe south side of West Nixon Street and between North 101'and North 121 Avenues, in Pasco WA.The proposal is subject to regulations contained in the Pasco Municipal Code. Item: Rezone - 1028 W Nixon St - C-1 to R-1 Vicinity Item: Maoqi Mark Feng Map File #: Z 2023-007 ;Ork i = RK I F-1Z it L"AT i'. WN3xonR SITE f .� i �,��-ice � iI �• -� rJIM A r �5 7U 140 214 280 d^ Feet N 1 asanN. a Page Iof2 Page 67 of 72 Public Comment Period: Written comments must be submitted to the Community Development Department by 5:00 p.m. on October 11, 2023 to be included in the Hearing Examiner packet. Testimony of written material may also be submitted at the public hearing. If you have questions on the proposal, contact the Planning Division at (509) 545-3441 or via e-mailto: )Ian ningPyasco-wa.gov. If you wish to participate in the hearing virtually,please register at lean 2 hours prior to the meeting at the following registration link: www.pwco-wa.pgov/publiccomment After registering,you will receive a confirmation email containing information about joining the webinar. Estimated Date of the Decision: It is estimated that the Hearing Examiner will make a recommendation to City Council on the Rezone within ten (10) business days of the public hearing. The City of Pasco welcomes full participation in public meetings by all citizens. No qualified Individual with a disability shall be excluded or denied the benefit of participating in such meetings.If you wish to use auxiliary aids or require assistance to comment at this public meeting,please contact the Community Development Department at(509) 545-3441 or TDD(509)585-4425 at least ten days prior to the date of the meeting to make arrangements for special needs. Page 68 of 72 Cityof Community& Economic Development Department Fee:$825 Pasco PO Box 293,525 N 3r6 Ave, Pasco,WA 99301 'I P; 509.545.3441/F:509.545.3499 CITY OF PASCO PETITION FOR ZONE CHANGE � 1 Master File # 2G�3^ a�� S Date Submitted: �� J Applicant Info Owner Info (if different than applicant) Name: Name: Maoqi Mark Feng Address: Address: 124 Pinionwood Ct., Richland, WA 99301 Phone: Phone: 210-248-4440 Email: Email: maogfeng@hotmail.com Project Address: 1028 W Nixon St., Pasco, WA 99301 Project Parcel Number: 112124219 Current Zoning: C-1 Requested Zoning: R-1 Describe the nature and effect of the proposed change: propose to change the use of the building from commercial use to family residential dwelling. Estimated time frame of development: August 15, 2023 to Sept. 15, 2023 Updated July 2019 Page 69 of 72 What conditions warrant the proposed rezone?— The building conditions are a good fit and warrant the proposed rezone. How will the proposed rezone advance the health, safety, and general welfare of the community? The proposed rezone will benefit the health, safety and general welfare of the community through my family's involvement and contribution. What effect will the proposed change have on the value and character of adjacent property? The proposed change will have positive effect on the value and character of adjacent property. How does the proposed rezone relate to the City's Comprehensive Plan? The proposed rezone will help relief the housing shortage of the City, and thus is compatible with the City's Comprehensive Plan. What effect will be realized by the owner(s) if the proposed rezone is not granted?_ If not granted, the owner will still use the property for commercial use as offices. NOTE: Provide a variance report giving a list and mailing address of owners of all property within 300 feet of the applicant's property, as shown by a local title company OR payment of $50.00 which shall be utilized by the City to obtain a current list of property owners of all properties within 300 feet of the applicant's property. Page 70 of 72 Clty 0f Community& Economic Development Department Fee:$825 PO Box 293,525 N 3`d Ave, Pasco,WA 99301 vsSco ' P: 509.545.3441/F:509.545.3499 Fee for Rezone - $700.00 Environmental Checklist - $ 75.00 Radius Notification - 50.00 $825.00 0 SEPA Checklist 13Site map 0 Fee of$825 Signature of Applicant j� *Notarized Signature of Property Owner State of Washington } ss. County of fxaak4 Pr— ] On this _o2 I day of `�` , 20X3 before me the undersigned, a Notary Public in and for the State of Washington, duly commissioned an sworn, personally appeared MGO'6�i 'Mc,.-,(� .eAA.� being duly sworn on his/her oath that he/she has prepared and read the foregoing statements and has acknowledged to me that the recitations contained therein are true, and has signed this instrument as his/her free and voluntary act and deed for the purposes therein mentioned. SUBSCRIBED AND SWORN to before me this_a day of 0� _ 02 . le Notary Public C LZULEMA Washington URQUIETA Notary Public in and for the State of Washington ION#194470 SION EXPIRES Residing at_P A0'ew'Y 27,2026 My Commission expires_ /kAys:� Updated July 2019 Page 71 of 72 W WON ST I' t f ' r f f g 2 of `�# r