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EXHIBIT 1 Page 1 of 7 Staff Report Date: February 29, 2016 Public Hearing Meeting Date and Location: March 7, 2016, Kennewick City Hall Report Prepared By: Wes Romine Development Services Manager Report Reviewed By: Gregory McCormick, AICP Planning Director Summary Recommendation: The City of Kennewick Planning Staff RECOMMENDS that Change of Zone 15-16 be APPROVED. Summary of Proposal: A Change of Zone from Industrial Light (IL) to Commercial Community (CC) for two parcels of land that total approximately 0.561 acres in size. Proposal Location: North side of W. 10th Avenue, west of S. Yolo Street and S. Clodfelter. Legal Description: Tax parcel # 1-1288-100-0005-004 Legal description: SECTION 12 TOWNSHIP 8 NORTH RANGE 28 EAST. PORTION DEFINED AS FOLLOWS: THAT PORTION OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 12 LYING NORTHERLY OF THE NORTHERLY LINE OF BADGER ROAD AS SAID ROAD IS PRESENTLY LOCATED RECORDS OF BENTON COUNTY WASHINGTON (SWD 11/16/94) SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, LESS THAT PORTION LYING WITHIN THE FOLLOWING DESCRIBED LEGAL: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 1, TOWNSHIP 8 NORTH, RANGE 28 EAST, W.M. ALSO BEING THE NORTHEAST CORNER OF SAID SECTION 12: THENCE SOUTH 86 DEGREES 07 MINUTES 47 SECONDS WEST ALONG THE LINE COMMON TO SAID SECTIONS 1 AND 12, FOR 397.03 FEET TO THE CENTERLINE OFTHE KENNEWICK IRRIGATION DISTRICT AMON WASTEWAY AND THE TRUE POINT OF BEGINNING: THENCE SOUTH 86 DEGREES 07 MINUTES 47 SECONDS WEST ALONG SAID COMMON LINE, FOR 96.73 FEET: THENCE NORTH 03 DEGREES 52 MINUTES 13 SECONDS WEST FOR 200.00 FEET: THENCE SOUTH 86 DEGREES 07 MINUTES 47 SECONDS WEST FOR 171.42 FEET: THENCE SOUTH 21 DEGREES 00 MINUTES 47 ECONOMIC DEVELOPMENT AND COMMUNITY PLANNING DEPARTMENT STAFF REPORT AND RECOMMENDATION TO THE PLANNING COMMISSION FILE NO: COZ 15-16/PLN-2015-03992 ---PAGE BREAK--- EXHIBIT 1 Page 2 of 7 SECONDS WEST FOR 220.47 FEET TO THE LINE COMMON TO SAID SECTIONS 1 AND 12: THENCE SOUTH 86 DEGREES 07 MINUTES 47 SECONDS WEST ALONG SAID COMMON LINE, FOR 587.39 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 12: THENCE SOUTH 00 DEGREES 39 MINUTES 15 SECONDS EAST, ALONG THE EAST LINE OF SAID WEST HALF OF THE NORTHEAST QUARTER FOR 133.10 FEET TO THE NORTHERLY RIGHT OF WAY MARGIN OF BADGER ROAD: THENCE NORTH 83 DEGREES 52 MINUTES 13 SECONDS WEST, ALONG SAID NORTHERLY RIGHT OF WAY MARGIN, FOR 291.71FEET: THENCE NORTH 03 DEGREES 52 MINUTES 13 SECONDS WEST FOR 82.24 FEET TO THE LINE COMMON TO SAID SECTIONS 1 AND 12: THENCE NORTH 03 DEGREES 52 MINUTES 13 SECONDS WEST FOR 1146.36 FEET: THENCE NORTH 72 DEGREES 38 MINUTES 15 SECONDS EAST FOR 559.64 FEET TO THE POINT OF CURVATURE WITH A 4565.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST, THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, THOUGH A CENTRAL ANGLE OF 11 DEGREES 06 MINUTE 10 SECONDS, FOR AN ARC DISTANCE OF 884.61 FEET TO THE POINT OF TANGENCY: THENCE NORTH 61 DEGREES 32 MINUTES 05 SECONDS EAST FOR 71.70 FEET TO THE CENTERLINE OF SAID AMON WASTEWAY: THENCE SOUTH 15 DEGREES 46 MINUTES 42 SECONDS WEST, ALONG SAID CENTERLINE, FOR 536.02 FEET TO THE POINT OF CURVATURE WITH A 286.48 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST, THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 43 DEGREES 30 MINUTES 35 SECONDS FOR AN ARC DISTANCE OF 217.55 FEET TO THE POINT OF TANGENCY: THENCE SOUTH 27 DEGREES 43 MINUTES 53 SECONDS EAST, ALONG SAID CENTERLINE, FOR 255.80 FEET TO THE POINT OF CURVATURE WITH A 286.48 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST: THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 41 DEGREES 51 MINUTES 45 SECONDS, FOR AN ARC DISTANCE OF 209.31 FEET TO THE POINT OF TANGENCY: THENCE SOUTH 14 DEGREES 07 MINUTES 52 SECONDS WEST ALONG SAID CENTERLINE, FOR 361.20 FEET: THENCE SOUTH 14 DEGREES 04 MINUTES 22 SECONDS WEST, ALONG SAID CENTERLINE, FOR 100.97 FEET TO THE TRUE POINT OF BEGINNING. (6/12/98 AF#1998-016461) SECTION 12 TOWNSHIP 8 NORTH RANGE 28 EAST: THAT PORTION LYING WITHIN THE FOLLOWING DESCRIBED LEGAL: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 1, TOWNSHIP 8 NORTH, RANGE 28 EAST, W.M. ALSO BEING THE NORTHEAST CORNER OF SAID SECTION 12: THENCE SOUTH 86 DEGREES 07 MINUTES 47 SECONDS WEST ALONG THE LINE COMMON TO SAID SECTIONS 1 AND 12, FOR 397.03 FEET TO THE CENTERLINE OF THE KENNEWICK IRRIGATION DISTRICT AMON WASTEWAY AND THE TRUE POINT OF BEGINNING: THENCE SOUTH 86 DEGREES 07 MINUTES 47 SECONDS WEST ALONG SAID COMMON LINE, FOR 96.73 FEET: THENCE NORTH 03 DEGREES 52 MINUTES 13 SECONDS WEST FOR 200.00 FEET: THENCE SOUTH 86 DEGREES 07 MINUTES 47 SECONDS WEST FOR 171.42 FEET: THENCE SOUTH 21 DEGREES 00 MINUTES 47 SECONDS WEST FOR 220.47 FEET TO THE LINE COMMON TO SAID SECTIONS 1 AND 12: THENCE SOUTH 86 DEGREES 07 MINUTES 47 SECONDS WEST ALONG SAID COMMON LINE, FOR 587.39 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 12: THENCE SOUTH 00 DEGREES 39 MINUTES 15 SECONDS EAST, ALONG THE EAST LINE OF SAID WEST HALF OF THE NORTHEAST QUARTER FOR 133.10 FEET TO THE NORTHERLY RIGHT OF WAY MARGIN OF BADGER ROAD: THENCE NORTH 83 DEGREES 52 MINUTES 13 SECONDS WEST, ALONG SAID NORTHERLY RIGHT OF WAY MARGIN, FOR 291.71FEET: THENCE NORTH 03 DEGREES 52 MINUTES 13 SECONDS WEST FOR 82.24 FEET TO THE LINE COMMON TO SAID SECTIONS 1 AND 12: THENCE NORTH 03 DEGREES 52 MINUTES 13 SECONDS WEST FOR 1146.36 FEET: THENCE NORTH 72 DEGREES 38 MINUTES 15 SECONDS EAST FOR 559.64 FEET TO THE POINT OF CURVATURE WITH A 4565.00 FOOT RADIUS CURVE CONCAVE TO THE NORTHWEST, THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, THOUGH A CENTRAL ANGLE OF 11 DEGREES 06 MINUTE 10 SECONDS, FOR AN ARC DISTANCE OF 884.61 FEET TO THE POINT OF TANGENCY: THENCE NORTH 61 DEGREES 32 MINUTES 05 SECONDS EAST FOR 71.70 FEET TO THECENTERLINE OF SAID AMON WASTEWAY: THENCE SOUTH 15 DEGREES 46 MINUTES 42 SECONDS WEST, ALONG SAID CENTERLINE, FOR 536.02 FEET TO THE POINT OF CURVATURE WITH A 286.48 FOOT RADIUS CURVE CONCAVE TO THE SOUTHEAST, THENCE SOUTHERLY ---PAGE BREAK--- EXHIBIT 1 Page 3 of 7 ALONG THE ARC OF SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 43 DEGREES 30 MINUTES 35 SECONDS FOR AN ARC DISTANCE OF 217.55 FEET TO THE POINT OF TANGENCY: THENCE SOUTH 27 DEGREES 43 MINUTES 53 SECONDS EAST, ALONG SAID CENTERLINE, FOR 255.80 FEET TO THE POINT OF CURVATURE WITH A 286.48 FOOT RADIUS CURVE CONCAVE TO THE SOUTHWEST: THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 41 DEGREES 51 MINUTES 45 SECONDS, FOR AN ARC DISTANCE OF 209.31 FEET TO THE POINT OF TANGENCY: THENCE SOUTH 14 DEGREES 07 MINUTES 52 SECONDS WEST ALONG SAID CENTERLINE, FOR 361.20 FEET: THENCE SOUTH 14 DEGREES 04 MINUTES 22 SECONDS WEST, ALONG SAID CENTERLINE, FOR 100.97 FEET TO THE TRUE POINT OF BEGINNING. (6/12/98 AF#1998-016461) TOGETHER WITH: Tax parcel # 1-1288-100-0006-002 Legal description: THAT PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTH- EAST QUARTER OF SECTION 12, TOWNSHIP 8 NORTH, RANGE 28, LYING NORTHERLY OF BADGER ROAD, EXCEPT ANY PORTION LYING EASTERLY OF CLODFELTER ROAD. (QCD AUD FEE #95-6418 3/24/95) Property Owner: John Michel and Tom Solbrack 17002 S. Grandview Lane Kennewick, WA 99338 (Michel) Applicant: E.A. “Rusty” Morse III 341 Falconridge Street Richland, WA 99352 Engineer: NA Approval Criteria: 1. Comprehensive Plan – Land Use 2. KMC Title 4 – Administrative Procedures 3. KMC Title 18 – Zoning 4. Washington State Environmental Policy Act COZ Key Application Processing Dates: Pre-Application/Feasibility Meeting N/A Application Submittal December 16, 2015 Determination of Completeness Issued December 16, 2015 Notice of Application Mailed December 30, 2015 SEPA Threshold Determination Issued August 10, 2015 Date of Mailed Notice of Public Hearing February 18, 2016 Property Posting Sign February 5, 2016 Date of Published Notice of Public Hearing February 21, 2016 SEPA Appeal Period Ends August 24, 2015 Planning Commission Public Hearing March 7, 2016 City Council Decision Date April 5, 2016 (tentatively) ---PAGE BREAK--- EXHIBIT 1 Page 4 of 7 Exhibits: 1 Staff Report 2 Application/Supplemental Information 3 Notice of Application/Mailing List 4 Vicinity Map 5 Change of Zone Map 6 Comprehensive Plan Land Use Map 7 SEPA Determination Staff Analysis of Proposal & Discussion: The proposed Change of Zone (COZ 15-16) is a request to change the zone of two parcels of land that total approximately 0.561 acres in size, from Industrial Light (IL) to Commercial Community (CC). The subject parcels are located at the north side of W. 10th Avenue and west of S. Yolo Street and S. Clodfelter. The applicant has requested the change of zone to match the zone of the adjacent property so the subject parcel can be combined with the adjacent property to the north. The subject property is not able to be developed as IL zoned property because of the odd shaped and small size of the subject property. A Comprehensive Plan Land Use designation change from Industrial to Commercial was recently recommended by the Planning Commission and approved by City Council in October of 2015. (Ord. 5621) The Comprehensive Plan Land Use Designation for the subject property is Commercial. Commercial Community (CC) zoning is a designation that can be implemented in the Comprehensive Plan Commercial Land Use designation. The proposed change of zone would be consistent with the City’s Comprehensive Plan. Per KMC 18.03.040 (12), the purpose of the CC zoning district is as follows: CC – “The purpose of the CC district is to stabilize, improve and protect commercial areas, and to provide for orderly growth in new commercial areas in accord with the Comprehensive Plan. CC districts are intended for a wide range of uses to serve the community area to which they are appurtenant”. Staff Comment: The change to CC zoning will match the adjacent CC zoning to the north and allow the property to be developed as part of the adjacent zoning. By approving this change of zone all the findings can be made that are required to approve a change of zone that are listed in KMC 18.51.070 The proposed amendment conforms with the comprehensive plan; and Staff Comment: With the recent Comprehensive Plan amendment the current IL zoning is not consistent with the Comprehensive Plan. A change to CC will bring the property into conformance with the Comprehensive Plan. Promotes the public necessity, convenience and general welfare; and Staff Comment: The change of zone to CC will allow the property to be developed with the existing CC zoned property to the north. ---PAGE BREAK--- EXHIBIT 1 Page 5 of 7 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 Comment: There are existing public facilities in the area that can serve a commercial development. 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 Comment: The proposed amendment is consistent with provisions of the Kennewick Municipal Code. 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 zoning classification or higher zoning classification. Staff Comment: The requested zone change is not Residential so this finding does not apply. The above required findings to approve a change of zone have been listed below under the staff recommended findings. Surrounding Zoning: North: Property to the north is zoned Commercial Community (CC). East: Directly to the east the property is zoned Residential Manufactured Home (RMH). South: Directly to the south across W. 10th Avenue the property is in the County, but in the City’s urban growth area. Zoning has not been assigned. West: Directly to the west is property zoned Business Park (BP). Applicable Goals and Policies of the Comprehensive Plan: Commercial Goal 2: Sustain and enhance viable commercial areas. Staff Comment: The proposed change of zone will allow the property to be developed as part of the adjacent property to the north. Commercial Policy 2: Provide commercial areas sized and scaled appropriately for the neighborhood and community. Staff Comment: The size and shape of the subject property currently zoned IL makes it difficult to develop the subject property. Development of the subject property as CC zoned property will match adjacent development in the area. ---PAGE BREAK--- EXHIBIT 1 Page 6 of 7 Land Use Implementation by Zoning: Per the land use zoning implementation table on page 5 of the City’s Comprehensive Plan, Commercial Community (CC) zoning can be implemented in the Commercial Land Use category. Findings: 1. The applicant is E.A. “Rusty” Morse III (341 Falconridge Street, Richland, WA 99352). 2. The owners are John Michel and Tom Solbrack (17002 S. Grandview Lane, Kennewick, WA 99338 (Michel)). 3. The proposed change of zone is for parcel numbers 1-1288-100-0005-005 (No Address) and 1-1288-100-0006-002 (No Address). 4. The request is to change the zoning from Industrial Light (IL) to Commercial Community (CC). 5. The City’s Comprehensive Plan Land Use Designation for the subject property is Commercial. 6. The Commercial Community (CC) zoning district is an implementing zone of the Commercial Comprehensive Plan Land Use Map designation. 7. The Property Posting sign was posted on site February 5, 2016. 8. The application was submitted on December 16, 2015 and declared complete for processing on December 16, 2015. 9. The application was routed for review to City Departments and outside agencies for comment on December 30, 2015. 10. Access to the site is currently provided from W. 10th Avenue. 11. An Environmental Determination of Non-Significance was issued on August 10, 2015 for this application and processed for the CPA 15-09 Comprehensive Plan Amendment application. The appeal period for the determination ended on August 24, 2015. No appeals were filed. 12. Notice of the public hearing for this application was published in the Tri-City Herald on February 21, 2016. Notices were also mailed to property owners within 300 feet of the site on February 18, 2016. 13. No comments were received from adjacent property owners regarding the requested Change of Zone. 14. The proposed amendment conforms with the comprehensive plan; and 15. Promotes the public necessity, convenience and general welfare; and ---PAGE BREAK--- EXHIBIT 1 Page 7 of 7 16. 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 17. The proposed amendment is consistent with all applicable provisions of the Kennewick Municipal Code, including those adopted by reference from the Comprehensive Plan; and Conclusions: 1. Approval will change the zoning for the subject parcel from Industrial Light (IL) to Commercial Community (CC). 2. Approval will implement Commercial Goals 2, and Commercial Policy 2 of the City of Kennewick Comprehensive Plan. 3. Approval will result in the public necessity, convenience or general welfare. 4. Approval will not result in any adverse environmental impacts. Recommendation: Staff has reviewed the application and recommends that the Planning Commission concur with the findings and conclusions contained in staff report COZ 15-16 and recommend approval to City Council. Motion: I move that the Planning Commission concur with the findings and conclusions in staff report COZ 15-16 and recommend to City Council approval of the request. Report Prepared By and Contact Person: Wes Romine Development Services Manager [EMAIL REDACTED] [PHONE REDACTED]