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page 1 of 8 BEFORE THE HEARING EXAMINER FOR CITY OF KENNEWICK In the Matter of the Application of ) No. PP 12-08/PLN-2012-03999 ) Austin Roupe of Envision Homes ) for Preliminary Plat Approval ) FINDINGS, CONCLUSIONS, ) AND DECISION Royal Ann Estates Phase 3B, ) a Preliminary Plat ) SUMMARY OF DECISION The requested Preliminary Plat for a subdivision of 14 lots for single family homes on a 3.67 parcel of land at the northwest corner of S. Olympia Street and W. 45th Avenue, Kennewick, Washington, is APPROVED, subject to conditions. SUMMARY OF RECORD Request Austin Roupe of Envision Homes (Applicant), requested approval of a plat for a subdivision of 14 lots for single family homes with lots that would range in size from 7,500 square feet to 11,602 square feet. The average lot size would be 8,520 square feet. The project is located on a 3.67 acre parcel of land located at the northwest corner of S. Olympia Street and W. 45th Avenue, Kennewick, Washington.1 Hearing Date: The Hearing Examiner of the City of Kennewick held an open record hearing on the application on February 11, 2013. Testimony: At the open record hearing the following individuals presented testimony under oath: Wes Romine-Development Services Manager of City of Kennewick Austin Roupe Gary Hall Exhibits: At the open record hearing the following exhibits were admitted: 1 The legal description of the property is: The Southeast quarter of the Southeast quarter of the Southeast quarter of Section14,Township 8 North, Range 29 East, W.M., Benton County, Washington; EXCEPT that portion conveyed to Benton County for road purposes by deed recorded under Auditor’s File No. 258699;AND EXCEPT the East 30 feet conveyed to Benton County for road purposes by deed recorded under Auditor’s File No. 300330;AND EXCEPT that portion lying within ROYAL ANN ESTATES – PHASE 3A, according to the Plat thereof recorded in Volume 15 of Plats, Page 418;AND EXCEPT that portion conveyed to City of Kennewick for road purposes by deed recorded under Auditor’s File No. 2011-011063. ---PAGE BREAK--- Findings, Conclusions, and Decision Hearing Examiner Royal Ann Estates Phase 3B page 2 of 8 File No. PP 12-08/PLN-2012-03999 A-1 Staff Report A-2 Application A-3 Notice of Application/Mailing List A-4 Vicinity Map A-5 Preliminary Plat Drawing A-6 Preliminary Grading Plan A-7 Adopted SEPA Determination A-8 City Department Comments A-9 Outside Agency Comments A-10 Royal Ann Estates (Mountain View) Preliminary Plat Drawing A-11 Resolution 03-03 – Royal Ann Estates (Mountain View) A-12 Power point presentation at hearing (hard copy) A-13 E-mail from McShane (KID) to Romine (City) - February 1, 2013 Upon consideration of the testimony and exhibits submitted at the open record hearing, the Hearing Examiner enters the following Findings and Conclusions: FINDINGS 1. The Applicant requested approval of a preliminary plat for a subdivision of 14 lots for the development of single family homes on lots ranging from 7,500 square feet to 11,602 square feet and an average lot size of 8,520 square feet. The project is located on a 3.67 acre parcel of land at the northwest corner of S. Olympia Street and W. 45th Avenue, Kennewick, Washington. Exhibit A-1. Staff Report, pgs. 1-3; Testimony of Mr. Romine 2. The proposed plat was part of the Royal Ann Estates (formerly Mountain View) 89 lot preliminary plat (PP 03-02)2 approved by the Kennewick City Council on February 15, 2003 (Res. 03-03). The majority of the original plat was developed but the subject 14 lots have not been developed. In the State of Washington plats approved before December 31, 2007 are valid for 9 years from the date of approval (RCW 58.17.170). Applying the limitations established by the statute, the original Royal Ann Estates (formerly Mountain View) preliminary plat approval expired February 15, 2012. A new approval of the proposed preliminary plat application is required to complete the final phase 3B of the Royal Ann Estates subdivision. Exhibit A-1. Staff Report, pgs. 1-3 and pg 5; Testimony of Mr. Romine. 3. The subject property was part of a 1999 annexation into the City. At annexation the property was zoned Agriculture (Ord. 3848) that remained with the land until October, 2002. At that time the zoning was changed from A to a Residential Low Density zoning designation (RL) (Ord. 4066). Exhibit A-1. Staff Report, pg. 3; Testimony of Mr. Romine. The current zoning, RL allows between 3 and 4 units per acre and a minimum lot size of 7,500 square feet. Exhibit A-1. Staff Report, pg.2. Single-Family housing is a permitted use within RL zoning. The subject property can be served by City utilities. Exhibit A-1. Staff Report, pg. 5; Testimony of Mr. Romine 2 To avoid confusion PP 03-02 will hereinafter be referred to as “original plat”. ---PAGE BREAK--- Findings, Conclusions, and Decision Hearing Examiner Royal Ann Estates Phase 3B page 3 of 8 File No. PP 12-08/PLN-2012-03999 4. The property to the west of the subject property is zoned Residential Trailer Park (RTP) and is developed as a manufactured home development with multiple manufactured homes on one large lot. To the north of the site is the developed portion of the Royal Ann Estates subdivision. The 14 lots of the proposed plat would have similar size lots as those in the Royal Ann Estates. South of the subject property across is a residential subdivision that is zoned RL with similar size lots as the proposed plat. The property across S. Olympia Street to the east is occupied by a church, and the property to the southeast is zoned Agriculture with an orchard. Exhibit A-1. Staff Report, pg 5; Testimony of Mr. Romine 5. On February 15, 2003, the Kennewick City Council approved the original preliminary plat of “Mountain View” which included area that is the subject property for the instant Royal Ann Estates Phase 3B preliminary plat. Sometime after the original plat approval, the name of the “Mountain View” preliminary plat was changed to “Royal Ann Estates”. Exhibit A-1. Staff Report, pgs. 3; Testimony of Mr. Romine. The proposed Royal Ann Estates Phase 3B preliminary plat application is similar to the original preliminary plat and has the same lot and street layout as originally approved by City Council in 2003. 6. As established in the Table of Residential Development Standards (KMC 18.12.010 A.2) the Residential Low Density (RL) zoning district has development standards that include a minimum density of 3 units per acre and a maximum density of 4 units per acre. Applying these standards to the proposed plat, there would be 14 dwelling units on 3.67 acres resulting in a density of 3.81 dwelling units per acre. The RL zoning district requires a minimum lot size of 7,500 square feet, a standard which all of the proposed lots satisfy. The smallest lot is proposed to be 7,500 square feet. Exhibit A-1. Staff Report, pg. 3; Testimony of Mr. Romine. 7. Pursuant to RCW 42.21C, the Washington State Environmental Policy Act (SEPA), the City of Kennewick was the lead authority for review of environmental impacts resulting from the proposed development. The City issued the same threshold determination of Mitigated Determination of Non-significance (MDNS) as was issued for the original plat approval. The new proposal does not include significant changes to the original design of preliminary plat (ED 02-79). No appeals were filed contesting this threshold decision. Exhibit A-1. Staff Report, pg. 3; Exhibit A-7. 8. The 14 lot subdivision will be at the corner of W. 45th Avenue and S. Olympia Street. Access to the internal streets of the plat Quincy St. and S. Palouse Street) will be off W. 45th Avenue. Access to the lots of the plat will be off either Quincy or Palouse Streets. Exhibit A-5; Testimony of Mr. Gray 9. The SEPA review of the original plat the City’s traffic engineer identified traffic impacts and established traffic mitigation fees. As part of MDNS of the original plat, traffic mitigation fees of $8,064 were required for a future roundabout at the intersection of W. 45th Avenue and S. Olympia Street. Using this fee as the basis for determining the impacts from the proposed 14 lots (15.7% of the 89 lots approved in the original plat), the City established the traffic mitigation fees as $1,266.05. These fees are due at time of final plat approval. Exhibit A-1. Staff Report, pg. 4 ---PAGE BREAK--- Findings, Conclusions, and Decision Hearing Examiner Royal Ann Estates Phase 3B page 4 of 8 File No. PP 12-08/PLN-2012-03999 10. As required per KMC 5.56.270, full residential street improvements constructed pursuant to the Kennewick Standard Detail 2-1-sheet 2 of 4 are required for the proposed plat. Half street improvements on W. 45th Avenue must be constructed to City standard detail drawing 2-3, sheet 2 of 2. Exhibit A-1. Staff Report, pg. 4; Exhibit A-8 11. The City submitted that there is excess City right of way along W. 45th Avenue, but it is also the location of an existing 20 foot United States Bureau of Reclamation (USBR) irrigation easement. The City suggested that the Applicant has the option of including the land on which the easement is located in a separate tract of the plat that could not be developed, or, of including the land of the easement in lots and placing a fence on the property side of the easement away from the street. The 10-foot area between the fence and the street would be for the required landscape strip and sidewalk, and would be the responsibility of the homeowners association to maintain the 10- foot landscape strip. Exhibit A-1. Staff Report, pg. 4; Exhibit A-8 12. The Kennewick Department of Public Works determined that water and sewer improvements for the 14 lot plat may be an existing 8-inch waterline and an existing 8-inch sewer line available from S. Palouse Street and S. Palouse Place. Such service would be consistent with the City’s comprehensive water and sewer plans. Exhibit A-1. Staff Report, pgs. 4 and 5; Exhibit A-8; Testimony of Mr. Romine. The Applicant, or its successors, will be required to loop all water mains to avoid the buildup of stagnant water. Exhibit A-8 13. The City of Kennewick has stormwater standard for design of residential subdivisions that require the retention and disposal of a 25-year- 24 hour event for a developed subdivision and a 10-year- 24-hour event for a pre-developed subdivision in its natural state. Prior to Final Plat approval, the Applicant must submit to the City’s Public Works Department detailed civil engineering drawings, including a stormwater plan, for review and approval. Exhibit A-1. Staff Report, pg. 4; Exhibit A-8 14. The Kennewick Traffic Engineering Division recommended that setback sidewalks be developed on W. 45th Avenue as part of the half street improvements. Exhibit A-8 The Applicant submitted that the original plat was built with curb tight sidewalks and that this design should be included as part of the design of the final phase of the entire plat development. Testimony of Mr. Roupe and Mr. Hall. 15. The City indicated a desire for the sidewalk to have a meandering design along W. 45th Avenue. However, the Applicant suggested that this type of design would not be consistent with other sidewalks in the area and could be problematic with other features of the plat, property lines and city right of way. Testimony of Mr. Roupe and Mr. Hall. In an email to the City, the Kennewick Irrigation District (KID) stated that it did not oppose a five foot curb tight sidewalk on W. 45th Avenue. Exhibit A-13 16. Parks and recreational amenities were reviewed in the original plat’s SEPA review process, and were addressed in the original MDNS. The conditions of the original plat’s MDNS ---PAGE BREAK--- Findings, Conclusions, and Decision Hearing Examiner Royal Ann Estates Phase 3B page 5 of 8 File No. PP 12-08/PLN-2012-03999 imposed park fees of $86,335 to mitigate impacts to park zone 5E. Approximately $74,213.16 of the fees has been collected leaving a balance of $12,121.84 that must be collected for the instant plat approval. Exhibit A-1. Staff Report, pg. 4; Exhibit A-8 17. On January 31, 2013 a Kennewick School District official, Doug Carl, identified the schools that will serve the subdivision as being Cascade Elementary School, Horse Heaven Hills Middle School and Kennewick High School. While the proposed preliminary plat is within a bussing zone for Cascade Elementary School and Kennewick High School, the Horse Heaven Hills Middle School is in a walking zone. All new streets within the subdivision will be required to have 5-foot wide sidewalks for part of a safe walking route for the students of the Middle School. The District also identified street segments between the preliminary plat area and residential streets with low traffic volume and wide shoulders that will provide a safe walking route to Horse Heaven Hills Middle School. Exhibit A-1. Staff Report, pgs. 4-5; Exhibit A-9 18. Appropriate provisions proposed with the Plat have been made for the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys, public sidewalks, utility easements and other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation areas, playgrounds, schools and school grounds, and the proposed subdivision has considered all other relevant facts and other planning features that assure safe walking conditions for students to and from school. Testimony of Mr. Romine 19. There is an existing homeowner’s association agreement with covenants, conditions and restrictions, and an existing maintenance agreement for the original plat. The Maintenance must be amended to include phase 3B or a new maintenance agreement must be recorded for common arterial/collector street landscaping and maintenance by the Homeowner’s Association. Testimony of Mr. Romine: Exhibit A-4 CONCLUSIONS Jurisdiction: The Kennewick Hearing Examiner is granted jurisdiction to hear and decide preliminary plat applications pursuant to KMC 4.02.080 ii. The Hearing Examiner is granted jurisdiction to hear and decide planned development permits applications pursuant to KMC 4.02.080 (1b) iv and KMC 18.45.060. Criteria for Review: The Hearing Examiner may approve an application for a preliminary plat only if the requirements of KMC Chapter 17.10 are satisfied. Included in these requirements is KMC 17.10.080: Provisions for Public Health, Safety, and Welfare which are: The Hearing Examiner will inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication. All plats will be reviewed to determine their conformance with the Comprehensive Plan, comprehensive water plan, utilities plan, and Comprehensive Park and Recreation Plan, and anything else necessary to assist in determining if the plat should be approved. Appropriate provisions must be made for, but not limited to, the public ---PAGE BREAK--- Findings, Conclusions, and Decision Hearing Examiner Royal Ann Estates Phase 3B page 6 of 8 File No. PP 12-08/PLN-2012-03999 health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys, public sidewalks, utility easements and other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation areas, playgrounds, schools and school grounds, and shall consider all other relevant facts and other planning features that assure safe walking conditions for students who only walk to and from school. All relevant facts will be considered to determine whether the public interest will be served by the subdivision and dedication. If it is determined that the proposed plat makes such appropriate provisions, then the Hearing Examiner must approve the proposed plat. Dedication of land to any public body may be required as a condition of subdivision approval. The Hearing Examiner will not, as a condition to the approval of any plat, require a release from damages to be procured from other property owners. Sections of the Kennewick Comprehensive Plan that are applicable to the instant plat request include: URBAN AREA POLICY 3: Promote new growth consistent with the Comprehensive Land Use Map, the Capital Facilities Plan and the Capital Improvement Plan. RESIDENTIAL GOAL 1: Guide the design of new residential developments to be compatible with adjacent residential areas. RESIDENTIAL GOAL 3: Promote a variety of residential densities with a minimum density target of 3 units per acre as averaged throughout the urban area. RESIDENTIAL GOAL 4: Encourage residential development only in urban areas where services can be provided RESIDENTIAL POLICY 5: Provide provisions for parks, schools, drainage, transit, water, sanitation, infrastructure, pedestrian, and aesthetic considerations in new residential developments. HOUSING GOAL 1: Support and develop a variety of housing types and densities to meet the diverse needs of the population. Conclusions based on Findings 1. The Applicant requested approval of a Preliminary Plat for a subdivision on 3.67 acres that would result in a 14 lot subdivision. Finding of Fact No. 1. The proposed plat was part of the Royal Ann Estates (formerly Mountain View) 89 lot preliminary plat (PP 03- 02) approved by the Kennewick City Council on February 15, 2003 (Res. 03-03). In the State of Washington plats approved before December 31, 2007 are valid for 9 years from the date of approval (RCW 58.17.170). Applying the limitations established by the statute, the Royal Ann Estates (formerly Mountain View) preliminary plat approval expired February 15, 2012. A new approval of the proposed preliminary plat application is required to complete the final phase 3B of the Royal Ann Estates subdivision. Finding of Fact No. 2 2. The details for the development of the plat have been submitted by the Applicant and reviewed by various City agencies which have the expertise to identify impacts and ---PAGE BREAK--- Findings, Conclusions, and Decision Hearing Examiner Royal Ann Estates Phase 3B page 7 of 8 File No. PP 12-08/PLN-2012-03999 establish mitigation measures, if necessary. As part of this process appropriate provisions have been made for, the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys, public sidewalks, utility easements and other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation areas, playgrounds, schools and school grounds, and the proposed subdivision has considered all other relevant facts and other planning features that assure safe walking conditions for students who walk to and from school. Findings of Fact Nos. 6-18 3. The proposed plat has been reviewed by the City and other agencies and has been determined to be in conformance with the City of Kennewick Comprehensive Plan (Finding of Fact No. comprehensive water plan (Finding of Fact No. 12), utilities plan (Findings of Fact No. 12 and 13), and Comprehensive Park and Recreation Plan (Finding of Fact No 15) and all relevant requirements to the approval of the plat. 4. The proposed plat is consistent with the Comprehensive Plan of the City of Kennewick and it promotes new growth consistent with the Comprehensive Land Use Map, the Capital Facilities Plan and the Capital Improvement Plan. Findings of Fact Nos. 6-18. DECISION Based on the preceding Findings of Facts, the Conclusions and the administrative record developed in this matter it is hereby ordered that he requested Preliminary Plat for a subdivision of 14 lots for single family homes on a 3.67 parcel of land at the northwest corner of S. Olympia Street and W. 45th Avenue is APPROVED, subject to the conditions listed below. The conditions are applicable to the Applicant or any successors. If a specific reference is stated in a condition the language contained in the referenced material shall be given the weight of a condition of approval. The conditions are: 1. The Applicant or any successor shall comply with City of Kennewick regulatory controls, policies and codes, including the Single-family Residential Design Standards. 2. The Applicant or any successor shall pay all fees required by the City prior to the approval of the final plat. 3. All residential streets shall be constructed per City of Kennewick Standard Detail 2-1, sheet 2 of 4. If, prior to the signing of the final plat mylar, the Kennewick City Council approves a proposed new Kennewick standard street detail with curb tight sidewalks, curb tight sidewalks may be used. A meandering sidewalk along W. 45th Avenue would be optional if the new standard is enacted prior to the signing of the final plat mylar. 4. All development of the plat shall be in conformance with the plat drawing dated January 31, 2013 (Exhibit A-5). 5. A landscape plan for all common areas must be submitted for approval. Included in the landscape plan to be submitted must be provisions for arterial streetscaping and arterial street fencing. The landscape plan shall be prepared by a licensed landscape architect or licensed ---PAGE BREAK---