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Findings, Conclusions, and Decision Kennewick Hearing Examiner Southridge Terrace Preliminary Plat/PP13-01 page 1 of 9 BEFORE THE HEARING EXAMINER FOR THE CITY OF KENNEWICK In the Matter of the Application of ) PP 13-01 ) ) Southridge Terrace KDS Development LLC ) ) ) For Preliminary Plat ) FINDINGS, CONCLUSIONS, AND ) DECISION SUMMARY OF DECISION The requested preliminary plat to subdivide 8.24 acres into 30 single-family residential lots is APPROVED subject to conditions. SUMMARY OF RECORD Dan Swanson, on behalf of KDS Development LLC (Applicant), requested approval of a preliminary plat subdividing 8.24 acres into 30 single-family residential lots. The subject property is addressed as 21301 S. Sherman Street, Kennewick, Washington. Request On August 12, 2013, the City of Kennewick Hearing Examiner conducted an open record public hearing on the request. Hearing Date At the open record hearing, the following individuals presented testimony under oath: Testimony Michelle Dellinger, Kennewick Permit Technician Wes Romine, Kennewick Development Services Manager John Deskins, Kennewick Transportation Engineer Gregory McCormick, Director, Kennewick Community Planning Department Andy Rykels, P.E. Rykels Engineering, Applicant Representative Dan Swanson, Applicant At the open record hearing, the following exhibits were offered in evidence: Exhibits 1. Staff Report, dated August 5, 2013 2. Application 3. Notice of Application/Mailing List 4. Vicinity Maps ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Southridge Terrace Preliminary Plat/PP13-01 page 2 of 9 5. Preliminary Plat Drawing, dated March 26, 2013 6. Preliminary Grading Plan, dated March 26, 2013 7. SEPA Mitigated Determination of Non-Significance, issued June 20, 2013, with the attached environmental checklist 8. City Department Comments including: a. Public Works consolidated comments, dated May 7, 2013 (3 pages) b. Kennewick Traffic Engineering revised comments, dated June 20, 2013 (2 pages) c. Kennewick Fire Department comments, dated July 18, 2013 (1 page) d. Kennewick Parks and Recreation comments, dated May 21, 2013 (1 page) 9. Outside Agency Comments including: a. Benton Franklin Health District comments, dated April 30, 2013 (1 page) b. Bonneville Power Administration comments, dated April 29, 2013 (1 page) c. Charter comments, dated April 22, 2013 ( 2 pages) d. Department of Ecology comments, dated May 3, 2013 (2 pages) e. Frontier Communications comments, dated April 22, 2013 (2 pages) f. Kennewick Irrigation District comments dated May 17, 2013 (5 pages) g. Kennewick School District comments, dated July 8, 2013 (1 page) h. Benton PUD comments, dated April 23, 2013 (2 pages) i. WSDOT comments dated May 2, 2013 (1 page) 10. Park Fee Agreement 11. HDJT Traffic Study, dated June 19, 2013 12. Neighborhood Comment(s) from John Schultz, dated July 28, 2013 13. Recommended additional condition of approval, submitted by Planning Staff at hearing 14. Staff PowerPoint presentation (21 slides) Upon consideration of the testimony and exhibits submitted, the Hearing Examiner enters the following findings and conclusions in support of the decision: FINDINGS 1. The Applicant requested approval of a preliminary plat subdividing 8.24 acres into 30 single-family residential lots, to be developed in three phases. Phase 1 would comprise nine lots in the northwestern corner of the site, Phase 2 would be 10 lots in the northeastern corner of the site, and Phase 3 would develop the final 11 lots in the ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Southridge Terrace Preliminary Plat/PP13-01 page 3 of 9 southern portion of the site. The subject property is one parcel addressed as 21301 S. Sherman Street.1 Exhibit 1, pages 1-2; Exhibit 2; Exhibit 5. 2. The area including the subject property was annexed in April 2006 with Residential Medium Density (RM) and Open Space (OS) zoning designations. In December 2011 the zoning designation for the majority of the subject area was changed RM, with some OS areas retained. Exhibit 1, page 3. 3. Site topography is primarily flat with a consistent slope towards the northeast. There are no critical areas on-site. The western site boundary fronts Sherman Street, and west of Sherman is an approximately 158-acre parcel zoned Residential Low Density. Southwest of the parcel is a 1.78-acre parcel also abutting Sherman containing a single-family dwelling. To the south are one-acre parcels developed with single family homes abutting Ridgeline Drive. Adjacent property to the east is zoned Residential Medium Density (RM) and is currently undeveloped with approximately 3.77 acre parcels. The parcel immediately adjacent to the north is zoned Residential Medium Density (RM) and has a single family residence. Further north is a large undeveloped Residential Low Density zoned 40-acre parcel with the Hildebrand Blvd extension going through the south west portion. Exhibit 1, pages 2,4-5; Exhibit 4; Exhibit 14, Slide 4. 4. The site has a Residential Medium Density (RM) zoning designation, which allows between 4.1 and 13 units per acre and requires a minimum lot size of 4,000 square feet. The Kennewick Municipal Code (KMC) allows land dedicated for public use (open space, right-of-way, etc.) to be excluded from the minimum density calculation. KMC 18.12.010 A.2, Footnote The project would develop 30 single-family lots with a proposed density of 4.25 dwelling units per acre on 7.057 net acres. The smallest proposed lot would be 8,454 square feet. Exhibit 1, page 3; Exhibit 2; Exhibit 5. 5. City stormwater standards require residential subdivisions to be designed to retain and dispose of a 25-year, 24-hour developed state storm and a 10-year, 24-hour event for the pre-developed state. The Applicant's engineer indicated that most runoff would likely be infiltrated on individual lots and in drywells in the streets. Based on preliminary review, City Staff indicated it is likely the stormwater runoff from new impervious surfaces would be entirely handled on-site. Prior to approval of construction plans for any phase of work, a comprehensive storm drainage plan would be required. Prior to final plat approval, the Applicant would be required to submit detailed civil engineering drawings for review and approval to the City’s Public Works department. Exhibit 1, page 4; Exhibit 8a; Rykels Testimony; Romine Testimony. 6. Phase 1 would connect to public roads at South Sherman Street to the west. The proposed east-west access road would connect to a new internal north-south road that would end in a cul-de-sac to the south within Phase 3 and that would stub to the north property boundary in Phase 2 to allow for future connection. Full street improvements 1 The legal description of the subject property is a portion of Section 17, Township 8 North, Range 29 E, W.M., Benton County, Washington; also known as Parcel No. 117891011989002. Exhibit 1, page 1; Exhibit 5. ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Southridge Terrace Preliminary Plat/PP13-01 page 4 of 9 consistent with current City road standards would be required for all roads within the plat. The project would be required to install half street improvements on the S. Sherman Street frontage consistent with City road standards, including roadway, curb, gutter, sidewalk, street lighting and landscaping. Exhibit 1, pages 3-4; Exhibit 5; Exhibit 8a. 7. The subject property is within the adopted Southridge Subarea Plan. The proposed road layout includes a single, dead end access street. In accordance with Kennewick Municipal Code (KMC) 17.20.010(2)(d), plats with one entry-street will be approved if; the final plat does not exceed three hundred lots and (ii) each dwelling unit is equipped with an approved sprinkler system that is installed and operational prior to final occupancy. Exhibit 1, page 4. 8. The Applicant submitted a professionally prepared trip generation letter based on the eighth edition of the ITE Trip Generation Manual, the industry standard manual for transportation analysis. The City accepted the letter but subsequently did its own calculations based on the ninth edition of the same manual and reached a higher average daily traffic count of 347 average weekday trips with 37 PM peak hour trips. Based on this data, the City's Transportation Engineer determined that the project satisfies the Kennewick's concurrency standards. The development would be required to pay traffic mitigation fees in the amount of $9,818.00 for the project’s proportionate share of traffic trips impacting the intersections at Hildebrand/Sherman and Ridgeline/Sherman. Fees are collected at the time of final plat on a per lot basis. Exhibit 1, page 3; Exhibit 8b; Exhibit 11. 9. Municipal water and sewer are available to serve the proposed lots. A water main and a sewer manhole are both available for extension within S. Sherman Street. Exhibit 1, pages 3-4; Exhibit 8a; Exhibit 9a. 10. The property is currently developed with a cherry orchard. The Kennewick Irrigation District (KID) has indicated that the subject property won't be able to connect to KID water for irrigation because the on-site facilities serving the orchard are inadequate. The KID is contemplating a regional facility to serve the larger area including the subject property, but has not yet determined whether it will develop such a facility. Should the regional facility be developed, lots would be able to buy in through a late comers agreement. The City of Kennewick has indicated that its municipal water utility will temporarily allow the use of its potable water for irrigation use. The Applicant would be required to coordinate with the KID to prepare a tri-developer agreement between the Applicant, KID, and the City of Kennewick addressing the following: construction of the irrigation; construction of the infrastructure (dry line); time and conditions for transferring the use of potable water to KID irrigation water serving the homes; payment method for future irrigation installations; and a date (not to exceed 5 years) when the development will transfer over to KID supply for irrigation purposes. Exhibit 1, pages 3- 4; Exhibit 8a; Rykels Testimony. 11. The subject property is situated in the Southridge park zone (Zone 6W). The Applicant has agreed to pay park fees in lieu of parkland dedication in the amount of $19,101.59, ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Southridge Terrace Preliminary Plat/PP13-01 page 5 of 9 based on Kennewick's “Park Fee Determination Process” calculation. Park fees would be paid on a per lot basis at the time of each final plat. Exhibit 1, page 5; Exhibit 10. 12. Access to Phase 1 Lots 7 and 8 would be provided by a shared access easement identified on the plat map as Tract A. Phase 3 Lots 29 and 30 would access by Tract B and Phase 3 Lots 22 and 23 would access by Tract C, two additional private access easements. The Applicant would be required to formally record agreements for the ongoing maintenance of shared driveways and common area landscaping.2 Exhibit 1, page 4; Exhibit 5. 13. Kennewick School District submitted comments that its facilities have capacity at all levers to serve the students anticipated to reside in the proposed plat. The proposed lots would be served by Lincoln Elementary School, Highlands Middle School, and Southridge High School of the Kennewick School District. The subject property is in a bussing zone for the elementary and middle schools and in a walking zone for the high school. Regarding safe walking for school aged plat residents, Planning Staff noted that all new streets within the subdivision would be provided with five-foot sidewalks connecting to S. Sherman Street, which would also have a five-foot sidewalk along the property frontage. The Southridge High School is located on Hildebrand Blvd approximately three-quarters of a mile to the east of the site. The surrounding large semi- rural parcels do not afford an opportunity to develop internal walking paths to the high school. Hildebrand Blvd is developed within a 100-foot right-of-way with center lanes installed. Presently it has graveled shoulders from the intersection of Sherman Street to the high school, which in the opinion of Planning Staff allows adequate room for safe walking for high school aged students. Staff also noted that sidewalks would be installed along Hildebrand upon future development. Exhibit 1, pages 4-5; Exhibit 14, Slide 17; Exhibit 9g. 14. Staff indicated that the proposed plat would be consistent with the City’s Comprehensive Plan, specifically implementing the following goals and policies: 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 area. 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. 2 Plat Notes 2 and 3 on the preliminary plat map both mistakenly indicate that the owners of Lots 22, 23, 29, and 30 shall have ownership interest in Tract A, when Tracts B and C would provide access to the four referenced lots. The Examiner notes this is likely a typographical error that should be corrected on the final plat. Also, "Project Data" numbers 5 and 6 (largest and smallest lot sizes) are not consistent with the sizes of lots shown on the plat map. ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Southridge Terrace Preliminary Plat/PP13-01 page 6 of 9 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. Exhibit 1, pages 5-6. 15. The Kennewick Fire Department submitted comments indicating that all residences would be required to be sprinklered. Exhibit 8.c. 16. The City of Kennewick acted as lead agency in reviewing the plat for compliance with the requirements of the State Environmental Policy Act (SEPA). After evaluating the complete application materials and the environmental checklist, the City's Responsible Official issued a mitigated determination of non-significance (MDNS) on May 23, 2013, requiring mitigation of parks and transportation impacts through the payment of fees. Subsequently, the Applicant submitted a traffic mitigation letter prepared by a traffic consultant. The City revised and reissued the MDNS, reducing traffic impact fees minimally and adding a condition requiring half-street frontage improvements on S. Sherman Street. No party appealed the MDNS. Exhibit 7; Dellinger Testimony; Exhibit 1, page 2. 17. Notice of public hearing was mailed to surrounding property owners on July 24, 2013, posted on-site on July 26, 2013, and published on July 28, 2013. This notice was provided consistent with City requirements. Exhibit 1, page 2; Exhibit 3. 18. The City received one public comment on the notice of hearing with questions about the following: whether two-story homes would be allowed; whether the plat would be required to extend sewer to nearby residences on Ridgeline Drive; whether the project would involve installation of a pressurized system for delivery of KID irrigation water in a local improvement district; and a request for a construction schedule. Exhibit 12. 19. In response to public comment, Staff noted: that the height limit in the underlying zone would allow two-story homes; that the Applicant would not be required to extend the sewer service beyond the property boundaries; that the details of the irrigation agreement with KID have not been finalized and that the Applicant will have access to municipal water for a period of five years while that agreement is negotiated. Dellinger Testimony; Romine Testimony. 20. Upon completion of review, and considering evidence offered at hearing, Planning Staff recommended approval of the plat with the conditions proposed in the staff report and one additional condition requiring testing of site soils for chemicals resulting from previous agricultural use. Exhibit 1, pages 6-7; Exhibit 13; Dellinger Testimony. ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Southridge Terrace Preliminary Plat/PP13-01 page 7 of 9 CONCLUSIONS The Hearing Examiner has jurisdiction to hear and decide applications for preliminary plat pursuant to KMC 4.02.080(b) and 17.10.080. Jurisdiction Pursuant to KMC 17.10.080(1), an application for preliminary plat may be approved only when the record demonstrates conformance with the Comprehensive Plan, comprehensive water plan, Preliminary Plat Criteria for Review utilities plan, the Comprehensive Park and Recreation Plan, and when the record demonstrates that appropriate provisions will be 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 shall consider all other relevant facts and other planning features that assure safe walking conditions for students who only walk to and from school. 1. As conditioned, the plat would be consistent with applicable goals and policies of the City of Kennewick Comprehensive Plan. City water and sewer are able to serve the 30 connections and the project would extend these utilities to each lot in the plat. A condition of approval would allow the plat to use City of Kennewick municipal water for irrigation purposes for a period of up to five years while an agreement with the Kennewick Irrigation District is negotiated and new irrigation facilities are installed that would serve either the subject plat only or a larger area. Conditions of approval would ensure that development is consistent with all applicable City utility, road, stormwater, and fire standards and that the project's traffic and park impacts are mitigated. Findings 4, 5, 6, 7, 8, 9, 10, 11, 14, 15, and 20. Conclusions Based on Findings 2. Single-family residential development is permitted in the RM zone, and the proposed density of 4.25 units per acre is consistent with the RM development standards. Safe walking for school aged children is satisfied by the following: Elementary and middle school students would be bussed. The project would provide City standard sidewalks within the plat and along its frontage on S. Sherman Street. Although Hildebrand Blvd presently has no sidewalks, its 100-foot right-of-way provides five- to six-foot-wide graveled shoulders between Sherman Street along which high school aged students could walk approximately three-quarters of a mile to the high school. The proposal satisfies the City's transportation concurrency standards. Provisions for parks and recreation would be made through payment of park impact fees. The plat's traffic impacts would be mitigated through traffic impact fees. The proposal was reviewed for compliance with the requirements of SEPA and an MDNS was issued and not appealed. With conditions, all necessary findings for public health, safety, and general welfare can be made. Findings 4, 6, 7, 8, 11, 12, 13, 15, and 20. ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Southridge Terrace Preliminary Plat/PP13-01 page 8 of 9 DECISION Based on the preceding findings and conclusions, the requested approval of a preliminary plat subdividing 8.24 acres into 30 single-family residential lots is GRANTED subject to the following conditions: 1. Construction shall comply with City of Kennewick regulatory controls, policies and codes, including the Single-family Residential Design Standards. 2. All fees required by the City will be collected prior to signing the final plat mylar based on a percentage of lots being final platted. 3. Residential streets and sidewalks shall be designed and built per City of Kennewick Standard Detail 2-1, sheet 2 of 4. 4. Development shall be in conformance with the plat drawing revised and submitted July 2, 2013, (Exhibit 5. The homes shall be equipped with fire sprinkler systems installed in compliance with NFPA 13D (Exhibit 8c). The fire sprinkler systems will allow the development to have one access street per KMC 17.20.010(d). A note must be added to each phase final plat stating each home must be equipped with an International Fire Code (IFC) or equivalent approved sprinkler system. This requirement will be waived if a secondary access is made available meeting the requirements of KMC 17.20.010(d)(ii). 6. An address monument must be placed at the street for all parcels with shared driveways prior to receiving a building permit and a note must be added to the face of each final plat stating the lot numbers which are required to comply. 7. The City of Kennewick will temporarily allow potable water for irrigation use. The Developer shall submit the required recorded Tri-Developer Agreement outlined in the Memorandum from the Engineering Division of Public Works dated May 7, 2013 for the entire subdivision (Exhibit 8a). A signed and recorded copy of the tri-party agreement between the City of Kennewick, Kennewick Irrigation District and the Developer must be submitted prior to signature on the first phase final plat 8. All landscaped areas to be irrigated with an automatic sprinkler system or drip irrigation system. Xeriscape landscaping is encouraged. A landscape plan for Lots 1, 8 and 9 adjacent to Sherman Street must be submitted for review and approval. The developer must install or place a guarantee for the required landscape areas at Sherman Street and all required street trees prior to approval of each phase final plat. 9. Fencing adjacent to Sherman Street on Lots 1, 8 and 9 must have masonry columns minimum two feet wide at every 50 feet maximum spacing. The support posts and stringers must be on the interior and not face the street. A detail of the fencing must be added to the covenants, conditions, and restrictions (CC&Rs) with a listing of the lots required to comply with this fencing detail. ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Southridge Terrace Preliminary Plat/PP13-01 page 9 of 9 10. A maintenance agreement for all required landscaping, irrigation, and shared driveway tracts must be submitted for review and approval by the City of Kennewick. Once approved a recorded copy of the approved maintenance agreement and the CC&Rs must be submitted prior to signature on the first phase final plat. 11. Development shall comply with the Public Works memorandum dated May 7, 2013 (Exhibit 8a). 12. Development shall comply with Traffic Engineer memorandum dated June 20, 2013 (Exhibit 8b). 13. Development shall comply with Benton PUD requirements for easements and power services for the plat (Exhibit 9a). 14. Development shall comply with Kennewick Irrigation District letter dated May 17, 2013 (Exhibit 9f). 15. Development shall comply with Kennewick Fire Department comment memorandum dated July 18, 2012 (Exhibit 8c). 16. Street grades shall not exceed ten percent unless specifically approved by the Fire Code Official in accordance with IFC Appendix D, Section D103.2. 17. The developer shall provide dust control method(s) such as hydroseeding for all areas of the site that are disturbed. Ongoing maintenance of dust control in all disturbed areas is required. 18. Prior to final plat approval, the Applicant shall submit a report with the results of soils testing on the entire site for lead, arsenic, and organochlorine pesticides to the Planning Department. If these contaminants are discovered to be in site soils at levels above those established in the Model Toxic Control Act, potential buyers are to be notified of their occurrence and a note regarding their presence shall be added to the face of the final plat. DECIDED August 22, 2013. By: Sharon A. Rice City of Kennewick Hearing Examiner