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HomeMy WebLinkAboutHE Recommendation Z 2023-007 Feng C-1 to R-1 CITY OF PASCO HEARING EXAMINER IN THE MATTER OF ) RECOMMENDED FINDINGS OF FACT,RECOMMENDED CONCLUSIONS OF LAW, AND RECOMMENDED DECISION Z 2023-007 ) 1028 West Nixon Street ) THIS MATTER having come on for hearing in front of the City of Pasco Hearing Examiner on October 11, 2023, the Hearing Examiner having taken evidence hereby submits the following Recommended Findings of Fact, Recommended Conclusions of Law, and Recommended Decision as follows: I. RECOMMENDED FINDINGS OF FACT 1. PROPERTY/APPLICATION DESCRIPTION: 1.1 Lggal: 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). 1.2 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. 1.3 Property Size: Approximately .22 acres (9,499.62 square feet). 1.4 Request: Rezone 1028 West Nixon Street from C-1 (Retail Business District)to R-1 (Low-Density Residential). 1.5 Owner/Applicant: Maoqi Mark Feng, 124 Pinionwood Ct.,Richland, WA 99352. 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 Z 2023 007 1028 West Nixon Street Rezone Pagel of 6 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. 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. 7. 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. 8. SITE: Approximately.22 acres(9,499.62 square feet). 9. 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. 10. 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. 11. The Applicant purchased the site in August of 2021. 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. 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 residential rental property. 13. 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. 14. 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. 15. 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 Z 2023 007 1028 West Nixon Street Rezone Page 2 of 6 hearing date set for November 03, 2022; another CN was issued on November 01, 2022 listing a new December 01, 2022 hearing date. 16. Following the CEB December 1, 2022, hearing a Compliance Determination and Order (CD&O)was issued for the following Code Violations: 16.1 Failure to obtain a Certificate of Occupancy for residential apartments. (Not Corrected). 16.2 Failure to secure a City of Pasco building permit for interior remodel of property. (Not Corrected). 17. A Penalty Notification was also issued on December 2,2022. 18. On January 11, 2023, a follow-up email was sent in connection with a building permit plan review. 19. 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: 20. Building Division: 20.1 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. 20.2 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. 20.3 Provide proposed kitchen arrangements including required ventilation. 21. Planning Division: 21.1 Current zoning of this lot is C-1 (Retail Business). The Comprehensive Plan Designation is Low-Density Residential. 21.2 To get a Tri-Plex Residence approved a rezone will be required. The minimum residential zoning designation needed for a Tri-flex on this lot is R-2 (Medium Density Residential). 22. On December 21, 2022, The Applicant applied for a commercial building permit, which was approved, for office use. 23. 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: 23.1 The date the existing zone became effective: 23.1.1 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. 23.2 The changed conditions, which are alleged to warrant other or additional zoning: Z 2023 007 1028 West Nixon Street Rezone Page 3 of 6 23.2.1 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. 23.2.2 On January 24, 2022, Council approved Ordinance 4575, amending the Zoning code, including Pasco Municipal Code (PMC) 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. 23.3 Facts to justify the change on the basis of advancing the public health, safety and general welfare: 23.3.1 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. 23.3.2 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. 23.3.3 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. 23.4 The effect it will have on the value and character of the adjacent property and the Comprehensive Plan: 23.4.1 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 (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 move away from nonconforming uses and toward conforming uses is anticipated to stabilize property values in and enhance the character of the neighborhood. 23.5 The effect on the property owner or owners if the request is not granted: 23.5.1 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. Z 2023 007 1028 West Nixon Street Rezone Page 4 of 6 23.6 The Comprehensive Plan land use designation for the property: 23.6.1 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. 23.6.2 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. 23.7 Such other information as the Hearing Examiner requires. 23.7.1 The rezone application is consistent with and meets the intent of the Comprehensive Plan, and City Council Goals. 24. Public notice of this hearing was sent to property owners within 300 feet of the property and posted in the Tri-City Herald on September 20, 2023. 25. An open record public hearing after due legal notice was held October 11, 2023, with the Planning Department staff and public appearing in person and the Hearing Examiner appearing via videoconference. 26. Appearing at the hearing was Maoqi Mark Feng. Mr. Feng chose not to testify. 27. No member of the public testified at the hearing. 28. The staff report, application materials, agency comments and the entire file of record were admitted into the record. 29. Any Conclusion of Law that is more correctly a Finding of Fact is hereby incorporated as such by this reference. II.RECOMMENDED CONCLUSIONS OF LAW Before recommending approval of this rezone, the Hearing Examiner has developed findings of fact from which to draw those 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. 1.1 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. 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." Z 2023 007 1028 West Nixon Street Rezone Page 5 of 6 2. The effect of the proposal on the immediate vicinity will not be materially detrimental. 2.1 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. 3.1 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. 4.1 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. 5.1 No Concomitant Agreement is considered necessary for this application. 6. The proposed zoning of R-1 is consistent with the Comprehensive Plan designation of"Low- Density Residential". 7. Any Finding of Fact that is more correctly a Conclusion of Law is hereby incorporated as such by this reference. III. RECOMMENDED DECISION Based on the above Recommended Findings of Fact and Conclusions of Law, the Hearing Examiner RECOMMENDS APPROVAL, 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). Dated this_13 day of October, 2023. CITY OF PASCO HEARING EXAMINER AndrW L. Kottkamp Z 2023 007 1028 West Nixon Street Rezone Page 6 of 6