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Staff Report COZ 15-07 1 STAFF REPORT COZ 15-07 Community Planning Steve Donovan City of Kennewick Planner To: Planning Commission Date: December 7, 2015 PROPOSAL: Rezone .445 acres of Residential, Suburban (RS) to Residential, Low (RL) OWNER(S): Jean Street, LLC, 15 SW Colorado, Suite A, Bend, OR 97702 APPLICANT: Tri Cities Development Co., c/o Matt Smith, 15 SW Colorado Avenue, Suite 1, Bend, OR 97702 Site Information • Size: .445 acres • Location: 2905 S Jean Street • Topography: Relatively flat – 3% • Existing Comprehensive Plan Designation: Low Density Residential • Existing Land Use: Vacant Exhibits • Exhibit A-1: Aerial Map • Exhibit A-2: Zoning Map • Exhibit A-3: Comprehensive Plan Map • Exhibit A-4: Application • Exhibit A-5: Determination of Non- Significance Not to scale ---PAGE BREAK--- Staff Report COZ 15-07 2 Application Process • Application Submitted September 25, 2015 • Application routed for comments October 12. 2015 • Property posting notification sign was posted on site on November 10, 2015 • Determination of Non-Significance (ED 15-46) issued on November 10, 2015 • Notice of Hearing mailed November 18, 2015 • Notice of Hearing published November 22, 2015 Surrounding Comprehensive Plan, Zoning and Land Uses North Comprehensive Plan – Low Density Residential Zoning – Residential, Suburban (RS) Existing Land Uses – Single Family Residential South Comprehensive Plan – Low Density Residential Zoning – Residential, Low Density (RL) Existing Land Uses – Vacant Land, soon to be Single Family Residential East Comprehensive Plan – Low Density Residential Zoning – Residential, Low Density (RL) Existing Land Uses – Vacant Land, soon to be Single Family Residential West Comprehensive Plan – Low Density Residential Zoning – Residential, Suburban (RS) Existing Land Uses – Single Family Residential Regulatory Controls • City of Kennewick Comprehensive Plan • Kennewick Municipal Code Title 4 • Kennewick Municipal Code Title 18 Description of Request Change of Zone 15-07 is a request to rezone approximately .445 acres from Residential, Suburban (RS) to Residential, Low (RL). Background This property was annexed into the City and zoned Residential, Suburban (RS) in June of 2007. A single family residence and accessory building were on-site until they were demolished last October. The property to the south and east of the site was before the Planning Commission last December for a Change of Zone from RS to RL and the City Council approved the Change of Zone on January 6, 2015. Analysis The proposed change from RS to RL is consistent with the Comprehensive Plan and will implement the Low Density Residential land use designation on the property. The site is adjacent to both RS and RL zoned properties. KMC 18.03.040(1) The purpose of the RS district is to establish areas for low-density single-family residential buildings, to stabilize and protect residential districts, and to promote and encourage a suitable environment for family life in a semi-rural setting. ---PAGE BREAK--- Staff Report COZ 15-07 3 KMC 18.03.040(2) The purpose of the RL district is to establish areas for low density, single-family, residential buildings, to stabilize and protect residential districts, and to promote and encourage a suitable environment for family life in an urban setting. The only difference between permitted uses in the RS and RL zoning districts is that in certain circumstances farm animals are permitted in the RS zoning district. Additionally, RS zoning district requires a minimum lot size of 10,500sf and the RL zone requires a 7,500sf minimum lot size. KMC 18.51.070(2): Findings: Findings Required. In order to amend the zoning map, the City Council must find that: 1. The proposed amendment conforms with the comprehensive plan; and Staff Response: The proposed Change of Zone conforms to the comprehensive plan because the Residential, Low zoning district is an implementing zoning district of the Low Density Residential land use designation. 2. Promotes the public necessity, convenience and general welfare; and Staff Response: The proposed Change of Zone promotes public necessity, convenience and welfare by allowing for a more efficient use of the land and additional development of single-family residential properties. 3. The proposed amendment does not impose a burden upon public facilities beyond their capacity to serve or reduce such services to lands, which are deemed unacceptable by the City; and Staff Response: Staff is unaware possible burdens on public facilities. New water and sewer utilities have been constructed in Jean Street, adjacent to the site. 4. The proposed amendment is consistent with all applicable provisions of the Kennewick Municipal Code, including those adopted by reference from the Comprehensive Plan; and Staff Response: The proposed amendment will zone the site the same as other properties that are directly adjacent to it. Therefore, the proposed change of zone will be subject to the same Zone Purpose statement in KMC 18.03.040(2). 5. Single Family Residential zoned properties only; Property is adjacent and contiguous (which shall include corner touches and property located across a public right-of-way) to property of the same proposed zoning classification or higher zoning classification. Staff Response: The proposed Change of Zone site has the RL zoning district adjacent to it on the east and south. Findings 1. The property owner is Jean Street, LLC, 15 SW Colorado, Suite A, Bend, OR 97702. 2. The applicant is Tri Cities Development Co., c/o Matt Smith, 15 SW Colorado Avenue, Suite 1, Bend, OR 97702. 3. The request is to change .445 acres from Residential, Suburban (RS) to Residential, Low (RL). 4. The application was submitted on September 25, 2015 and was routed for review to various City Departments and other local, state and federal agencies for comment on October 12, 2015. ---PAGE BREAK--- Staff Report COZ 15-07 4 5. A Determination of Non-Significance (ED 15-46) issued on November 10, 2015. 6. A property posting notification sign was posted on-site on November 10, 2015 notifying the public of the SEPA Determination that was made. The public hearing notice was posted on-site November 10, 2015, stating that the public hearing will be held on December 7, 2015 at 6:30 p.m. in the Council Chambers at Kennewick City Hall. 7. Notice of the public hearing for this application was mailed to property owners within 300 feet of the site on November 18, 2015. Notices were also published in the Tri-City Herald on November 22, 2015. 8. Water and sewer are located in S. Jean Street, directly in front of the property. 9. Access to the site is provided by S. Jean Street. 10. The proposed amendment is adjacent to the Residential, Low (RL) zoning district. Conclusions 1. Approval will implement the Comprehensive Plan Land Use Designation of Low Density Residential. 2. Approval will not result in an increase of adverse environmental impacts. 3. The proposed Change of Zone will not be in conflict with the purpose statement of the RL zone in KMC 18.03.040(2). Recommendation Staff has reviewed the application and finds that it meets the criteria for approving a rezone as contained in KMC 18.51.070 and recommends that the Planning Commission concur with the findings and conclusions contained in staff report COZ 15-07 and recommend approval to City Council. Motion I move that the Planning Commission concur with the findings and conclusions in staff report COZ 15-07 and recommend to City Council approval of the request. ---PAGE BREAK--- 200 ft 1 : 2512 1in : 209.33ft This plan is suitable for informational use only. City of Kennewick accepts no liability for any error whatsoever. Produced by CITY\SDonovan 13:07 10/28/2015 Page 1 of 1 Print Preview 10/28/2015 http://cokgisweb02/gisdataviewer/commands/printadvanced/print_preview_landscape.asp SITE Exhibit A-1 ---PAGE BREAK--- SurveyParcelZoning RL RS 100 ft 1 : 2060 1in : 171.67ft This plan is suitable for informational use only. City of Kennewick accepts no liability for any error whatsoever. Produced by CITY\SDonovan 07:39 11/19/2015 Page 1 of 1 Print Preview 11/19/2015 http://cokgisweb02/gisdataviewer/commands/printadvanced/print_preview_landscape.asp Exhibit A-2 ---PAGE BREAK--- SurveyLandUsePlan LOW DENSITY RESIDENTIAL 200 ft 1 : 2980 1in : 248.33ft This plan is suitable for informational use only. City of Kennewick accepts no liability for any error whatsoever. Produced by CITY\SDonovan 07:35 11/19/2015 Page 1 of 1 Print Preview 11/19/2015 http://cokgisweb02/gisdataviewer/commands/printadvanced/print_preview_landscape.asp Exhibit A-3 ---PAGE BREAK--- 9/16/15 Exhibit A-4 ---PAGE BREAK--- October 2013 Change-of-Zone Supplemental Information The following questions will be reviewed by both the Planning Commission and City Council as a means of assisting in their consideration of change-of-zone requests. Use additional pages if necessary. 1. Does the public necessity, convenience, and general welfare require the adoption of the proposed amendment? Please explain: 2. Are there sites presently available on the market which are correctly zoned for the proposed use? Are these sites within a 1/2 mile of the proposed site? Within 1 mile of the proposed site? If yes, please indicate the general location of the site(s) and the reasons why these sites are not proposed to be utilized: 3. Is the proposed amendment consistent with the existing land use pattern in the area? Please explain. 4. Are the existing uses, in the area, in conformance with the area's zoning classification? If no, please explain the differences: 5. Will the proposed amendment create an isolated district, or introduce a more intense land use to the area? Please explain. 6. Does the existing zoning prohibit reasonable use of the property? Please explain. 7. Will any residential character, in the immediate area, be adversely affected by the proposed amendment? If yes or maybe, please explain: 8. Will property values in the vicinity be changed by the proposed amendment? If yes or maybe, please explain: Exhibit A-4 SEE ATTACHED SEE ATTACHED SEE ATTACHED SEE ATTACHED SEE ATTACHED SEE ATTACHED SEE ATTACHED SEE ATTACHED ---PAGE BREAK--- October 2013 9. Will approval of the proposed amendment set a precedent for other similar proposals or uses? Will this deter the use, improvement or development of adjacent property in accordance with the existing Zoning Districts? Please explain: 10. Will the proposed amendment encourage more private investments which will be beneficial to the redevelopment of a deteriorated area? Please explain: 11. Will the proposed amendment combat any economic segregation and allow greater choice in the market? Please explain. 12. Will the proposed amendment create conflict between potential land uses and transportation patterns? Or safety concerns? Please explain: Summary of City forms required: Application – General Form Change of Zone Supplemental Information Environmental and Salmonids Checklist (SEPA) Exhibit A-4 SEE ATTACHED SEE ATTACHED SEE ATTACHED SEE ATTACHED ---PAGE BREAK--- Change‐of‐Zone Supplemental Information The following questions will be reviewed by both the Planning Commission and City Council as a means of assisting in their consideration of change‐of‐zone requests. 1. Does the public necessity, convenience, and general welfare require the adoption of the proposed amendment? Please explain: Yes, the City of Kennewick is a growing city and will require mid‐level income housing which can be found in areas with low density residential zoning. The applicant is proposing a zone change from RS to RL which will maintain near the same income level of housing with the current zoning and will be consistent with the City of Kennewick Comprehensive Plan. 2. Are there sites presently available on the market which are correctly zoned for the proposed use? Are these sites within a 1/2 mile of the proposed site? Within 1 mile of the proposed site? If yes, please indicate the general location of the site(s) and the reasons why these sites are not proposed to be utilized: There are limited sites within ½ mile and 1 mile of the site that are available for development. Most sites are zoned low residential, but have already been developed or are not for sale. The applicant is planning for future growth of the City of Kennewick. The proposed site if rezoned will allow the applicant to develop residential lots for home construction and will meet the intent of the City of Kennewick Comprehensive Plan. 3. Is the proposed amendment consistent with the existing land use pattern in the area? Please explain. Yes. The proposed amendment is consistent with the existing land use pattern of the neighboring properties that surround the site. The area surrounding this site is also zoned residential low density and identified residential in the City of Kennewick Comprehensive Plan. 4. Are the existing uses, in the area, in conformance with the area's zoning classification? If no, please explain the differences: Yes. The existing land uses of the surrounding property are residential and meet the City of Kennewick's zoning classification. 5. Will the proposed amendment create an isolated district, or introduce a more intense land use to the area? Please explain. No. The proposed zone will continue the existing low density residential zone located to the east of the subject parcel, consistent with the Comprehensive Land Use Plan. 6. Does the existing zoning prohibit reasonable use of the property? Please explain. Yes. Under the current zoning, the configuration of the property limits the development potential and creates difficulties in meeting required minimum lot widths and depths. The proposed zoning will allow the applicant to more easily utilize the entire site for development. 7. Will any residential character, in the immediate area, be adversely affected by the proposed amendment? If yes or maybe, please explain: No. The proposed use is residential and will blend in with the existing neighborhood. 8. Will property values in the vicinity be changed by the proposed amendment? If yes or maybe, please explain: No. The proposed zoning is consistent with the properties surrounding the site, therefore property values should not be affected by the proposed amendment. Exhibit A-4 ---PAGE BREAK--- 9. Will approval of the proposed amendment set a precedent for other similar proposals or uses? Will this deter the use, improvement or development of adjacent property in accordance with the existing Zoning Districts? Please explain: No. The proposed amendment meets the intent of the Comprehensive Plan of the City and will not set a negative precedent. The proposal will encourage the use, improvement and development of adjacent properties. 10. Will the proposed amendment encourage more private investments which will be beneficial to the redevelopment of a deteriorated area? Please explain: Yes. The proposed zone change will allow for the site to be developed into residential homes which have the ability to increase the tax base of the city and the need for more commercial and industrial development once developed. 11. Will the proposed amendment combat any economic segregation and allow greater choice in the market? Please explain. Yes, the proposed amendment will allow a reduction in lot size therefore reducing costs for the home buyer which should help with economic segregation by providing added availability for middle income housing. 12. Will the proposed amendment create conflict between potential land uses and transportation patterns? Or safety concerns? Please explain: No. The proposed zone change is consistent with the existing land uses as identified in the Comprehensive Plan. Existing access to the site is provided via Jean Street, Olympia, and Fruitland which once development will improve the connectivity between the existing neighborhood. If the zone change is approved the applicant will submit a subdivision application and if there are any off‐site or onsite traffic issues or site safety concerns associated with the proposed development, it is anticipated that the City will require the developer to fix any safety or capacity issues affecting the ability of the road system to handle the traffic flow from the site. Exhibit A-4 ---PAGE BREAK--- CITY OF KENNEWICK DETERMINATION OF NON-SIGNIFICANCE FILE/PROJECT NUMBER: ED 15-46 DESCRIPTION OF PROPOSAL: The request is to change the zoning district for .445 acres from Residential, Suburban, (RS) to Residential, Low, (RL). The property has a comprehensive plan land use designation of Low Density Residential. PROPONENT: Tri Cities Development Company, 15 SW Colorado Avenue, Suite 1, Bend, OR 97702 LOCATION OF PROPOSAL, INCLUDING STREET ADDRESS, IF ANY: 2905 S Jean Street, NW ¼ of Section 13, Township 8 Range 29 LEAD AGENCY: City of Kennewick DETERMINATION: The City of Kennewick has determined that this proposal does not have a probable significant adverse impact o the environment. An Environmental Impact Statement (EIS) will not be required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the City. This information is available to the public on request. Application for other required permits may require further review under SEPA procedures. _ X _ There is no comment period for this DNS. This DNS is issued after using the optional DNS process in WAC 197-11-355. There is no further comment period on the DNS. This DNS is issued under 197-11-340(2); the City will not act on this proposal for fifteen days from the date below. Comments must be submitted by After the review period has elapsed, all comments received will be evaluated and the DNS will be retained, modified, or withdrawn as required by SEPA regulations. RESPONSIBLE OFFICIAL: Gregory McCormick, AICP POSITION/TITLE: Community Planning Director ADDRESS: 210 W 6th Ave., P.O. Box 6108, Kennewick, WA 99336 PHONE: (509) 585-4463 Changes, modifications and /or additions to the checklist have been made on the attached Environmental Checklist Review. This DNS is subject to the attached conditions: X_ No conditions. See attached condition(s). Date: November 10, 2015___ Signature: Appeal: An appeal of this determination must be submitted to the Community Planning Department within fourteen (14) calendar days after the date issued. This appeal must be written and make specific factual objections to the City’s threshold determination. Appeals shall be conducted in conformance with Section 4.12.090(9) of the Kennewick Municipal Code and the required fees pursuant to the City’s adopted Fee Schedule shall be paid at time of appeal submittal. Copies of this DNS were mailed to: Dept. of Ecology WA Dept of Fish & Wildlife WSDOT Yakima Nation CTUIR ED 15-46/COZ 15-07 Exhibit A-5