HomeMy WebLinkAbout4703 Ordinance - 1028 W Nixon St Rezone from C-1 to R-1 (Z2023-007) - RECORDEDFILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
AFN 4 1982431 ORDIN
01/26/2024 12:21 PM
10 Page(s) $312.50
WHEN RECORDED RETURN TO:
Matt Beaton. Auditor
City of Pasco, Washington
Franklin Co.. WA
Attn: City Clerk
525 North 31d Avenue
Pasco, WA 99301
ORDINANCE NO. 4703
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING THE ZONING CLASSIFICATION OF CERTAIN REAL
PROPERTY LOCATED AT LOTS 17 TO 20 BLOCK 2, KURTH'S REVISED
PLAT, PASCO, FRANKLIN COUNTY, WASHINGTON, FROM C-1 (RETAIL
BUSINESS) TO R-1 (LOW-DENSITY RESIDENTIAL).
WHEREAS, the Petitioner, Maoqi Mark Feng, seeks to rezone Parcel No. 112124219,
located at 1028 West Nixon Avenue, Pasco, Washington; and
WHEREAS, a complete and adequate petition for change of zoning classification meeting
the requirements of Pasco Municipal Code (PMC) Section 25.210.030 was received by the City of
Pasco (City) and, after notice was issued under PMC Section 25.210.040, an open record hearing
was conducted by the Pasco Hearing Examiner upon such petition on October 11, 2023; and
WHEREAS, based upon substantial evidence and demonstration of the Petitioner that: (a)
the proposal is in accord with the goals and policies of the adopted Comprehensive Plan; (b) the
effect of the proposal on the immediate vicinity is not materially detrimental; (c) there is merit and
value in the proposal for the community as a whole; (d) any impacts of the rezone application and
anticipated development will be mitigated by the regulations and requirements of the Pasco
Municipal Code and the City of Pasco Design and Constructions Standards; (e) a concomitant
agreement is not required under these circumstances; and (f) the proposal is consistent with and
satisfies all criteria in PMC Section 25.210.060; the Hearing Examiner has recommended to
approve the rezone, which findings and recommendation are hereby adopted by the City Council,
and the Hearing Examiner Report is hereby incorporated by reference as Exhibit A.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON DO ORDAIN AS FOLLOWS:
Ordinance Rezone Z 2023-007 - 1
Section 1. That the Zoning Ordinance for the City of Pasco, Washington, and the
Zoning Map, accompanying and being part of said Ordinance shall be and hereby is changed from
C-1 (Retail Business) to R-1 (Low -Density Residential) for the real property as shown in the
Exhibit B attached hereto and described as follows:
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)
Section 2. Severability. If any section, subsection, sentence, clause, phrase or word
of this ordinance should be held to the invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or
constitutionality of any other section, subsection, sentence, clause phrase or word of this ordinance.
Section 3. Corrections. Upon approval by the city attorney, the city clerk or the code
reviser are authorized to make necessary corrections to this ordinance, including scrivener's errors
or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or
numbering or referencing of ordinances or their sections and subsections.
Section 4. Effective Date. This ordinance shall take full force and effect five (5) days
after approval, passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, on this 16`h day of January,
2024.
Pete Serrano
Mayor
ATTEST:
Debra Barham, CMC
City Clerk
Published: Sive, o jckyh 02�zM
Ordinance Rezone Z 2023-007 - 2
APPROVED AS TO FORM:
Kerr Ferg aw, PLLC
City eys
CITY OF PASCO HEARING EXAMINER "EXHIBIT A"
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:
L RECOMMENDED FINDINGS OF FACT
1. PROPERTY/APPLICATION DESCRIPTION:
1.1 Legal: 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 comer of North 12th Avenue, in Pasco WA.
1.3 Property Size: Approximately .22 acres (9,499.62 square feet).
1.4 Request: Rezone1028 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.
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
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 - Page 1 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.
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).
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-Plex 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 CA 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. RECONIM ENDED 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:
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 Disirict) to R-1 (Low -Density
Residential).
Dated this _13 day of October, 2023.
CITY OF PASCO HEARING EXAMINER
And L. Kottkamp
Z 2023-007 - 1028 West Nixon Street Rezone - Page 6 of 6
Item: Rezone - 1028 W Nixon St - C-1 to R-1 N
"Exhibit B" Applicant(s): Maogi Mark Feng
File #: Z 2023-007
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FRANKLIN COUNTY RECORDING
COVER SHEET
NAME AND RETURN ADDRESS:
City of Pasco
525 N. Third Avenue
Pasco, WA 99301
FORM COMPLETED BY: Krystle Shanks
PLEASE PRINT OR TYPE INFORMATION:
PHONE # (509) 544-3096
DOCUMENT TITLE(S) (or transaction contained therein)
1. Ordinance No. 4703
2. Z2023-007
3.
GRANTOR(S) (Last name, first name, middle name/initials):
1. Citv of Pasco
2.
3.
4.
❑ Additional names on page of document
GRANTEE(S) (Last name, first name, middle name/initials):
1. Maoqi Mark Feng
2.
3.
4.
❑ Additional names on page of document
LEGAL DESCRIPTION (Abbreviated: ie.lot, block, plat or section, township, range)
30-30-09, Lots 17 to 20, Block 2, Kurth's Revised Plat
❑ Additional legal is on page of document
AUDITOR'S REFERENCE NUMBER(S)
ASSESSOR'S PROPERTY TAX PARCEL NUMBER
112-124-219
❑ Additional parcel numbers on page of document
The Auditor/Recorder will rely on the information provided on this form. The staff will not read the
document to verify the accuracy or completeness of the indexing information
EMERGENCY NONSTANDARD REQUEST
I am requesting an emergency nonstandard recording for an additional fee of $50.00 as provided in
RCW 36.18.010. 1 understand that the recording processing requirements may cover up or otherwise
obscure some part of the text of the original document.
Signature Date