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STAFF REPORT ZOA 15-03 Community Planning Anthony Muai, AICP City of Kennewick Planner To: Planning Commission Date: February 1, 2016 Batch 9 Amendments Background Staff has maintained a list of code revisions either as directed by City Council or areas of the code staff has identified during the course of administering the code that are either outdated, inconsistent or are incorrect. The list of code revisions have been “batched” together in a series code amendments that may or may not share some relationship(s) in order to make the code revision process more efficient. Requested Amendments and Staff Analysis Batch 9 includes revisions to the Kennewick Municipal Code for housekeeping purposes (remove redundancy, clarify ambiguous regulation), as well as amendments to implement current policy. The proposed amendments are: 1. 4.12.075(2)(a): KMC 4.12.075 contains provisions for determining the expiration dates of applications and approved plans and permits. The proposed amendment will proposes that phased site plan applications be regulated by the existing provision in KMC 4.12.075(2). The proposed amendment also adds the provision that once a phase is completed and a Certificate of Occupancy is issued, the application will expire if an application for final site plan approval for the next phase is not applied for within 180 days. 2. 4.12.110(5)(d): KMC 4.12.110 contains provisions guiding Comprehensive Plan Amendments. The proposed amendment will postpone the Comprehensive Plan Amendment cycle for the year prior to, and the year of the deadline for completion of the statutorily required periodic review of the Comprehensive Plan. The City is currently in process of reviewing and updating its Comprehensive Plan as required by RCW 36.70A.130. The process to review and update the Comprehensive Plan requires early and continuous public participation throughout the process, in addition to reviewing, and updating as needed, each element of the plan including the Capital Facilities Plan. The deadline for completion is June 30, 2017. The proposed amendment will postpone the amendment process for the year of and year before the deadline in order to give staff the necessary time to complete the update. 3. 17.12.030(5): KMC 17.12 contains provisions for binding site plans. Binding site plans are exempt from SEPA review as long as the number of lots proposed does not exceed the number the City allows with a short plat. In Kennewick, that number is 9 which means that binding site plans that create 9 or fewer lots are not subject to SEPA review. Currently the KMC requires SEPA for all binding site plans, however staff has not been requiring SEPA review for binding site plans of less than 9 lots. This amendment will formalize that practice and bring the provisions into compliance with Washington State law. ---PAGE BREAK--- 4. 17.20.010(2)(g): It is proposed that one reference to the requirement of conformance with City Standards be removed to eliminate redundancy. The phrase is included twice in the same sentence. 5. 17.20.030(6): Insert the phrase “in existing easements” to indicate their consideration, in addition to streets and rights-of-way, when addressing stormwater control. 6. 18.12.010 A.2(3): KMC 18.12.010 A.2(3) contains open space requirements for multi-family development. The amendment proposes to remove town- and row-house, as a building type, from this requirement. The purpose for removing townhomes and row-houses from this requirement is that they can be a single-family development or a multi-family development. Townhome and row- house are building types, rather than development types and the requirement is meant to address open space in multi-family developments. 7. 18.12.130: KMC 18.12.130 contains provisions for ministorage developments. The amendments that are being proposed will reduce some requirements for ministorage development in Industrial zones where there is not the same amount of focus on aesthetics as there is in Commercial and Residential zones. 8. 18.21.060(4): KMC 18.21 contains landscaping provisions. The proposed amendment will change “Industrial Park” to “Industrial” making the provisions applicable to all Industrial zones as has been the policy. 9. Commercial Design Standards – Parking: This section contains provisions for the design of parking lots in Commercial areas. The proposed amendment will require that a tree be located within 75 feet of a parking stall rather than requiring 40% of the entire parking lot [to] be shaded within 12 years of planting. There is already a requirement that all parking stalls be located within 75 feet of a landscaped area. This change will make meeting the requirement less subjective. 10. Commercial Design Standards – Walkways, Pedestrian Connections: This section contains provisions for pedestrian access from the public right-of-way to the building and from the parking lot to the building. The proposed amendment will allow the use of striping to delineate the pathway from the parking lot to the building only. Standards for all other connections required by this section will remain the same. 11. Commercial Design Standards – Service Areas: This section contains provisions for the screening of dumpsters, loading areas and service areas, including mechanical equipment locations. The proposed amendment will make it easier for developers to meet the requirement as well as giving staff more flexibility when reviewing. The current standard requires the use of the same building material used on the building to be used for the trash enclosures and equipment screening. The proposed amendment will eliminate that wording allowing for design and materials that are complementary to the building while also specifically prohibiting the use of chain-link fencing for screening, which was the original intent of the provision. Regulatory Controls and Policies ---PAGE BREAK--- • Kennewick Municipal Code Title 4 • Kennewick Municipal Code Title 17 • Kennewick Municipal Code Title 18 • Kennewick Comprehensive Plan Findings of Fact 1. The purpose of the proposed amendments is to eliminate redundancy, clarify ambiguous regulations and formalize policy. 2. The City fulfilled the requirements under the State Environmental Policy Act by issuing a determination of non-significance (DNS) on January 27, 2016 for this proposal. 3. Notice of the proposed code revision (expedited review requested) was sent on January 12, 2016 to the Washington State Department of Commerce (DOC) pursuant to RCW 36.70A.106. Staff Recommendation Staff recommends that the Planning Commission recommend approval of the proposed amendments to the City Council. Exhibits A-1: KMC 4.12.075: Expiration of Applications and Permits A-2: KMC 4.12.110(5): Annual Review of the Docket A-3: KMC 17.12.030: Application A-4: KMC 17.20.010: Design and Construction Standards A-5: KMC 17.20.030: Utility Easements A-6: KMC 18.12.010 A.2(3): Open Space Calculations A-7: KMC 18.12.130: Mini-Storage Development Standards A-8: KMC 18.21.060(4): Parking Areas A-9: Commercial Design Standards – Parking A-10: Commercial Design Standards – Walkways, Pedestrian Connections A-11: Commercial Design Standards – Service Areas ---PAGE BREAK--- Exhibit A-1 4.12.075: Expiration of Applications and Permits: Incomplete Application/Additional Information. The application shall expire if the applicant fails to provide the required information within 90 days of the following: The date the application is determined incomplete per Section 4.12.060(1)(b); or (ii) The date a written request for additional information is made regarding an application that is determined complete. Expired applications must be resubmitted as new applications requiring repayment of all applicable fees. Prior to the expiration date, the applicant may request, in writing, an extension of time. The Director may grant a 90-day extension on a one-time basis if the required studies or information warrant additional time. Permits Absent statute or ordinance provisions to the contrary, and excluding Subdivisions (KMC 17.10 Platting), any application for which a conditional approval has been made and for which no substantial progress has been made to meet permit approval requirements for a period of 180 days after the permit’s conditional approval, the application will expire and become null and void. Phased Site Plans: Phased site plans shall expire and become null and void in accord with KMC 4.12.075(2)(a). In addition, once a phase is completed and a Certificate of Occupancy is issued, the application will expire and become null and void if an application for Final Site Plan approval for another phase is not applied for within 180 days. Expired applications must be resubmitted as new applications requiring repayment of all applicable fees. Prior to the expiration date, the applicant may request, in writing, an extension of time. The Director shall grant a 180-day extension on a one-time basis. (Ord. 5468 Sec. 1, 2012) ---PAGE BREAK--- Exhibit A-2 4.12.110(5): Annual Review of Docket. Sixty (60) days prior to May 1st in each calendar year, the City shall notify the public that the amendment process has begun. If May 1st falls on a non-business day for the City, the due date shall be the first business day after May 1st. Notice shall be distributed as follow: i. Notice published in appropriate regional or neighborhood newspaper or trade journal; ii. Notice posted on all of the City’s official public notice boards; iii. Notice posted on the City’s website; and iv. Notice sent to all agencies, organizations and adjacent jurisdictions with a known interest. All docketed applications shall be reviewed concurrently, on an annual basis and in a manner consistent with RCW 36.70A.130(2). Applications docketed after May 1st of the previous calendar year and before May 1st of the current calendar year shall be included in the annual review. Those docketed after May 1st of the calendar year shall be placed on the docket for review at the following annual review. City Council Review of Docketed Requests. After the May 1st deadline, city staff will present the docketed requests to the Planning Commission (Commission) for review and a recommendation. The Commission’s recommendation shall be forwarded to the City Council (Council) as soon as practical for Council review. The Council shall determine which specific docketed requests are processed based on the following criteria: i. Timing of the requested amendment is appropriate and Council will have sufficient information to make an informed decision; ii. The City will be able to conduct sufficient analysis, develop policy and related development regulations; iii. The requested amendment has not been recently rejected by Council; iv. The amendment will further implement the intent of the City’s adopted Comprehensive Plan; and v. The amendment is not better addressed through another planning process such as a sub-area plan update. Statutorily Mandated Periodic Review. Amendment requests will not be docketed for review the year of, or the year prior to the deadline for completion of the periodic review. The deadline for completion of this review is specified in RCW 36.70A.130. Emergency Amendments. The City may review and amend the Comprehensive Plan when the Council determines that an emergency exists or in other circumstances as provided for by RCW 36.70A.130(2)(a). ---PAGE BREAK--- Exhibit A-3 17.12.030: Application: All binding site plan applicants must submit a completed and signed application including the following: A required number of copies and one reproducible copy of a binding site plan map prepared by or under the direct supervision of a professional land surveyor licensed by the State of Washington, in accord with Section 17.12.080; A title report dated no later than 60 days prior to the date of application showing the name of anyone with an interest in the land being subdivided; Preliminary engineering plans including, but not limited to, water, sewer, streetlights, roads, storm drainage and sidewalks; A filing fee in accord with the adopted fee schedule; and A SEPA checklist consistent with the provisions of KMC 4.08.510(2). (Ord. 5415 Sec. 18, 2012: Ord. 5280 Sec. 1, 2010) ---PAGE BREAK--- Exhibit A-4 17.20.010(2)(h): If determined by the City Engineer, half street improvements will be required on existing streets where the subdivision abuts such existing street(s). Half street improvements shall be constructed per the latest City of Kennewick Standards and will include Streetlight(s), Storm System, and Traffic Control. as required to meet the latest City of Kennewick Standards. ---PAGE BREAK--- Exhibit A-5 17.20.030: Utility Easements: All design and construction of roads and City utilities must be in accord with City standards. See KMC 5.56. Other utilities must conform to recognized standards of their respective industry; Public easements for the construction and maintenance of utilities and public facilities shall be granted to provide and maintain adequate utility service to each lot and adjacent lands. Such easements shall not be required for lots where public right-of-ways are used for such purpose; Land developers should submit proposed divisions to the various utilities prior to submittal to the City to rectify any easement problems and to allow time for comment. Utility distribution lines are to be located in the alleys. Where alleys are not provided, easements for public utilities shall be provided along lot lines or where franchise agreements, or license agreements provide, or in public right-of-ways. The subdivision shall reserve a strip of land along public streets according to the street standard specification drawings lying adjacent to each exterior side of all dedicated public rights-of-way included in any plat. Said lands shall be recorded as public easements and used primarily for the installation of required service utilities. Any and all franchised utilities, including City utilities, shall rightfully have access to and may use easements. Exclusive use rights shall not be granted to any single or combination of utilities. Easements can be used for landscaping and street trees as approved by the City. No construction other than those required by the utility providers shall be allowed within the easement. Easement width can be changed as approved by the City Engineer when certain topographic constraints exist on the site. The Administrator and City Engineer may approve deviations to these requirements when circumstances require; Easements for utility mains or lines shall be held to prohibit the placement of any building on or over the easement, but shall not preclude landscaping of an appropriate variety as determined by the City. Restoration shall be required of the site following any excavation or other disturbance permitted by the easement; When there is a need to use a stream for storm water control purposes, public improvement and maintenance easements shall be provided for storm drainage. When possible, said easements shall be located along the centerlines of such facilities; Additional drainage easements for storm sewers or open-channel ditches may be required if storm drainage cannot practically be carried under the streets, in existing easements or in other rights- of-way. ---PAGE BREAK--- Exhibit A-6 18.12.010 A.2 Open space calculations. In multi-family, townhouse and rowhouse developments, where the density exceeds seven units per acre, the amount of required common open space shall equal or be greater than the minimum aggregate area of provided bedrooms based on the following formula: 300 square feet for the first bedroom and 200 square feet for each additional bedroom; exclusive of required street frontage setbacks and required parking areas. “Open area” is an area with average dimensions of not less than15 feet by not less than 500 square feet. More than one open area may be provided in a given development. Any interpretation of this Section will be made by the Director. If a proposed project may have a significant adverse impact on the environment because of inadequate public park facilities in the area, and additional park land is required or indicated by an environmental impact statement, as a mitigating measure in lieu of an environmental impact statement, or by the Comprehensive Park and Recreation Plan, the developer must provide for parks in accord with Sections 17.100.010 to 17.100.040 inclusive. If the property is too small to accommodate adequate recreational facilities for the residents and the area has inadequate park facilities, the proposed development will, in most cases, be disapproved unless other measures, which will reasonably protect the public’s needs for adequate recreational areas, can be agreed upon between the developer and the City. Such agreement may be cash in lieu of on-site facilities placed in a mitigation account established by the Parks Department for use toward a park or parks within walking distance (1/4 mile straight line) from said development. Under normal circumstances the City will not accept the dedication of a park site of less than five acres. ---PAGE BREAK--- Exhibit A-7 18.12.130: Mini-Storage Development Standards: The following requirements are applicable to all new mini-storage complexes and to expansions of existing facilities: Access driveways to all storage units shall be paved and shall include a storm water drainage system designed by a professional engineer or architect licensed in the State of Washington and be in conformance with the City’s Comprehensive Stormwater Control Planadopted City of Kennewick standards. Each doorway shall be lighted with a minimum of one foot candle of luminance. Automatic photocell or motion-activated lights can fulfill this requirement. Exterior lighting shall be shielded or hooded so that direct light does not spill to adjacent properties. Mini-storage complexes shall be screened from view from adjacent Commercial and Residential zones. Screening shall be accomplished in one or a combination of the following manners: A six-foot masonry wall with one tree planted every fifty (50) feet along the side and rear yards, with trees to reach a height of at least thirty (30) feet at maturity; or A six-foot fence with a solid landscape screen as defined in KMC 18.21.030(2) and one tree planted every fifty (50) feet along the side and rear yards with trees to reach a height of at least thirty (30) feet at maturity. Open style wrought iron fencing with masonry columns or similar may be used along street abutting property lines when complimentary landscaping and building design comparable to the commercial design standards is used along the street. All buildings shall have an eave of at least one foot. In Commercial and Residential zones, Aall buildings shall have a minimum of four feet of masonry wainscoting on the building exterior if visible from a public street. Mini-storage complexes shall meet the requirements of KMC 18.21 for the office and parking lot areas as well as street frontage landscaping requirements. Roofing materials shall be non-reflective to minimize glare on adjacent properties and public ways. Barbed wire, razor wire and electric fences are not permitted. (10) Setbacks: Front: fifteen (15) feet; Side: five feet; Rear: fifteen (15) feet; Primary entry gate: fifty (50) feet. When located in commercial zoning districts, mini-storage complexes shall be located a minimum of 150 feet from a street frontage property line. ---PAGE BREAK--- Exhibit A-8 18.21.060(4): Parking Areas. All Commercial, Industrial Park, Open Space, and Public Facility Districts are required to have the following parking area landscaping required in this Section. Lots having 50 or less, but more than five stalls: A minimum of 6% of the gross parking area must be landscaped. Lots having 51 to 99 stalls: A minimum of 7% of gross parking area must be landscaped. Lots having 99 or more stalls: A minimum of 8% of gross parking area must be landscaped. Landscaped areas must be adequately protected from damage by vehicles. The overhang of a vehicle may project over a landscaped area a maximum of one foot when such area is at least five feet in depth per each abutting parking space. Landscaped areas must be protected by wheel stops or curbing. No parking stall shall be located more than 75 feet from the edge of any landscaped area. Trees, which provide shade or are capable of providing shade at maturity, at a rate of one per 200 square feet of required landscaped area, with a one-tree minimum, shall be the primary landscaping material. Shrubbery and hedges or living groundcover may also be used to compliment tree landscaping as long as not more than 75% of the required landscaped area will be used for non-living material. Parking lots that utilize trees in excess of those required will be allowed to reduce the total square footage of required street or side/rear yard landscaping at the following rates: 50 percent increase in required trees - 20 percent. (ii) 60 percent increase in required trees - 30 percent. (iii) 70 percent increase in required trees - 40 percent. (iv) 80 percent increase in required trees - 50 percent. ---PAGE BREAK--- 1.a) Parking on the side of the building. Exhibit A-9 Commercial Design Standards – Parking Intent: To minimize the impact of parking facilities by treating them in such a way that do not dominate the main structures and the pedestrian realm and maintain the safety and viability of the businesses. Standards: Mandatory 1. Projects with 20 or more parking stalls (SEPA threshold) must use one of the following: a) At least 70% of the total parking shall be located behind or to the side of the building. b) When one double-aisle parking is located in the front between the building and the street, the amount of required interior landscaping1 and the number of trees shall be increased by 50% of the existing code requirements, and the setback of the parking lot from the street right-of-way shall be 10 ft. c) When there is more than one double-aisle of parking in the front between the building and the street, the amount of required interior landscaping and the number of trees shall be increased by 50% and the setback of the parking lot from the street right-of-way shall be 15 ft. 2. The parking lots must be landscaped with large canopy type trees as listed in the recommended tree listing or as approved by the City, that provide shade without obstructing visual access to the businesses, and allowed to mature and be maintained a minimum height of 30 ft. A tree must be within 75 feet of any parking stall. At least 40% of the entire parking lot must be shaded by these trees within 12 yrs of planting. 3. The parking lots must be visible from the building and adequately lit in order to ensure safety. 4. Large parking lots shall be broken into smaller ones with landscaping and pedestrian connections. A landscaped area shall be within 75 ft of any parking stall (KMC 18.64.060(4)(e)). 1 Interior landscaping does not include landscaping in the setback areas Parking behind the building. DO 1.b) One double aisle of parking. 1.c) More than one double aisle of parking. 10 ft 15 ft ---PAGE BREAK--- Exhibit A-10 Commercial Design Standards – Walkways, Pedestrian Connections Intent: To increase connectivity through the network of pedestrian and vehicular circulation, and promote a pedestrian friendly environment for businesses. Standards: Mandatory The following standards are mandatory for projects with 20 or more parking stalls (SEPA threshold), and recommended for projects with less than 20 parking stalls. 1. Walkways shall be provided to establish pedestrian connections between parking lots, sidewalks, open spaces, parks and plazas, buildings, adjacent businesses and neighborhoods. 2. Minimum width of the walkways shall be 5 ft or according to the ADA regulations. 3. Walkways shall be located in safe walking environments, using buffers from busy streets, adequate lighting and visibility, connections with businesses, and separation from the vehicular circulation. 4. Striping may be used to delineate walkways from the parking lot to the building. All other pedestrian connections and walkways shall use a combination of special paving material shall be used, such as brick paving, stone blocks, colored or stamped concrete, standard concrete or similar material; or other approved methods that physically delineates the walkway. Recommended 5. Weather protection, such as covered walkways with canopies should be provided in front of the building. 6. Walkways should be connected with parks, open spaces and plazas whenever appropriate. DO Pedestrian connection between building and parking lot Physically delineated walkway. Walkway connecting the sidewalk and parking lot with the building. ---PAGE BREAK--- Exhibit A-11 Commercial Design Standards – Service Areas Intent: To minimize negative visual impacts of service areas from other businesses and adjacent areas. Standards: Mandatory 1. Loading and service areas, and trash receptacles mustshall be located in the less least visible sides areas of the site and shall be screened from view by a fence (preferably of masonry or similar material), landscaping and trees or a combination of both. Fence must be consistent with the design and material of the parent structure. In cases where there are no other options available due to the street and site layouts, service areas and backside located near public streets must be screened from public view with solid screen landscaping, berms, grading and/or masonry or similar type of fencing. The use of chain link fencing is prohibited. 2. Trash dumpsters or collectors must be in an enclosed area and located in the least visible areas of the site. Enclosures should be complementary in design to the parent structure. The use of chain link fencing is prohibited. 3. Individual trash receptacles for public use do not need not to be in an enclosed area, but must be covered and strategically located to accommodate the public. Recommended 4. Service area design should be consistent with the overall architectural and site planning scheme. 5. The access to the enclosed trash receptacle areas should be indirect, and may include small-scale “man-gates”. DO Enclosed trash receptacles. DO NOT Service areas on the backside of the building screened with landscaping and fence. Trash and service area located behind and screened. Open trash receptacles – no screening.