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ECONOMIC DEVELOPMENT/PLANNING DEPARTMENT PO BOX 6108 ▪ 210 W. 6 TH AVENUE, KENNEWICK, WA 99336 PHONE: (509) 585-4275 FAX: (509) 585-4442 CITY OF KENNEWICK HEARING EXAMINER Jim Driscoll, Hearing Examiner AGENDA MONDAY, OCTOBER 14, 2013 @6:00 PM KENNEWICK CITY HALL, COUNCIL CHAMBER 210 W. 6TH AVE, KENNEWICK, WA 99336 Procedure for Participation • Please sign in if you wish to receive a copy of the decision when it is issued and if you plan to give testimony. • When recognized by the Examiner, state your name, address and whether you are representing only yourself or others. • All remarks, comments, and questions should be addressed to the Hearing Examiner and not to the audience or parties. You may offer written comments or other items (such as photographs) to the Hearing Examiner as an exhibit for the permanent record. Please provide at least three copies of each item submitted: one copy for the Hearing Examiner, one for the Official Record, and one for Staff). During an Appeal Hearing, if the appellant and the applicant are different parties, then a fourth copy of all documentation is requested. I. CALL TO ORDER II. PROCEDURAL INFORMATION III. PUBLIC HEARING A. Appeal No. 13-01/PLN-2013-01989: Loren Sharp (Willowbrook Associates, LLC, 2603 Willowbrook Ave, Richland, WA 99352) is appealing an administrative determination that the provisions of Kennewick Municipal Code (KMC) Section 18.12.130, Mini Storage Development Standards apply to developments located on private streets. IV. ADJOURN ---PAGE BREAK--- 1 I P a g e Public Hearing Date: October 14, 2013 Appellant: Loren K. Sharp 2603 Willowbrook Avenue Richland, WA 99352 City of Kennewick Staff Contact: Gregory McCormick-AICP, Community Planning Director Background: On May 30, 2013 the City received a request for an administrative determination/interpretation from Loren Sharp of Section 18.12.130, Mini Storage Development Standards, specifically the following subsection: (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. Mr. Sharp asserts in his interpretation request that the code provision should have specifically referenced “public street frontage” rather than “a street frontage property line.” The administrative interpretation (Exhibit A-2) did not agree with Mr. Sharp’s contention and determined that the 150 foot setback applies regardless of the status of the street frontage being private or public. Mr. Sharp appealed this interpretation. Staff Analysis of Proposal & Discussion: The subject setback of 150 feet from a street frontage property line serves two purposes; first, this setback preserves the commercial street frontage for more active commercial uses; secondly removes from the streetscape a land use that by its nature is typically unattractive and for security purposes takes on an industrial/ compound appearance. There are a number of buildings that have been constructed along this section of West 24th Avenue. These buildings are of high quality and provide an attractive streetscape in this area of ECONOMIC DEVELOPMENT AND COMMUNITY PLANNING DEPARTMENT STAFF REPORT AND RECOMMENDATION TO THE HEARING EXAMINER FILE NO: APPEAL 13-01/PLN-2013-01989 ---PAGE BREAK--- 2 I P a g e the city. The buildings are predominantly professional office buildings that are architecturally diverse and meet or exceed the City’s Commercial Design Standards. The developers/owners of these buildings have made a substantial investment in these properties. Several photographs were taken in the area and are included in this report to provide context to the discussion and analysis. In Mr. Sharp’s appeal, nowhere does he point out where the City erred in the administrative interpretation being appealed. Instead he indicates that he is the current owner of one of the office buildings in this area and that he developed a mini-storage facility in the area. Also, Mr. Sharp goes into some detail regarding his proposal rather than addressing the core issue of the interpretation. It is staff’s opinion that the provision in question is clear and without ambiguity. In staff’s analysis of the required setback it is apparent that the provision is designed to: 1) Preserve street frontages for more active commercial development; and 2) Remove or separate the visual impact of mini storage facilities from the streetscape. (The mini storage facility Mr. Sharp refers to in his appeal Lincoln Center Mini Storage was constructed prior to the setback under appeal being adopted.) Comprehensive Plan: It is staff’s opinion that the original interpretation is consistent with and implements the City’s Comprehensive Plan goals and policies including the following: Commercial Goal 2: Sustain and enhance viable commercial areas. Staff Comment: Preserving the streetscape and providing for development consistent with existing high quality structures and applicable design guidelines will sustain and enhance this viable and growing commercial area. Commercial GOAL 3: Create a balanced system of commercial facilities reflecting neighborhood, community, and regional needs. Staff Comment: This area has been developing as an upper end professional office neighborhood. The continued development of this area consistent with existing development will further enhance this area of the City. ---PAGE BREAK--- 3 I P a g e STAFF RECOMMENDATION: Based on the analysis of the original code interpretation and lack of evidence that city staff erred in issuing the interpretation staff recommends the appeal be denied and the code interpretation issued on June 13, 2013 be upheld. Exhibits: A-1 Administrative Determination/Interpretation Request A-2 Administrative Code Interpretation A-3 Appeal Letter with attachments A-4 Vicinity Map Aerial ---PAGE BREAK--- 4 I P a g e Exhibit A-1 Administrative Interpretation Request ---PAGE BREAK--- 5 I P a g e ---PAGE BREAK--- 6 I P a g e ---PAGE BREAK--- 7 I P a g e ---PAGE BREAK--- 8 I P a g e Exhibit A-2 Administrative Interpretation of KMC Section 18.12.130 (10.e) ---PAGE BREAK--- 9 I P a g e COMMUNITY PLANNING DEPARTMENT ADMINISTRATIVE POLICY/CODE INTERPRETATION MUNICIPAL CODE SECTIONS: KMC 18.12.130(10.e): Mini-Storage Development Standards - Setbacks REQUESTOR: Loren Sharp; 2603 Willbrooke Avenue; Richland, WA SUBJECT: KMC 18.12.130 (10.e) requires mini-storage complexes located in commercial zoning districts to be setback 150 feet from a street frontage property line. BACKGROUND: The City has received a request from Mr. Loren Sharp regarding the requirement of the Kennewick Municipal Code, Section 18.12.130, Mini-Storage Development Standards, subsection 10 – Setbacks. In this subsection, the KMC requires that in commercial zoning districts mini-storage complexes shall be setback a minimum of 150 feet from a street frontage property line. In his request, Mr. Sharp states that the code should read the setback is from “public street frontage”. Currently, the KMC section in question does not differentiate between commercial properties that are accessed from a public street or private street. In Mr. Sharp’s case, the site in question is accessed from a private street. Mr. Sharp’s request is for the City to waive the 150 foot setback for his situation. DISCUSSION: The subject setback of 150 feet from a street frontage property line serves two purposes; first, this setback preserves the commercial street frontage for more active commercial activity, and secondly removes from the streetscape a land use that by its nature is typically unattractive and for security purposes takes on an industrial/compound appearance. There are a number of buildings that have been constructed along Figure 1 - 4304 West 24th Avenue ---PAGE BREAK--- 10 I P a g e this section of West 24th Avenue. These buildings are of high quality and provide an attractive streetscape in this area of the city. The buildings are predominantly professional office buildings that are architecturally diverse and meet or exceed the City’s Commercial Design Standards. The developers/owners of these buildings have made a substantial investment in these properties. Figures 1 and 2 are photographs taken of two existing buildings in the area and epitomize the quality of the existing development in the area. The street section in this area, even though designated as a private street, was built to City standards that included curb, gutter, sidewalks and street trees. As can be seen in Figure 3, the street section provides an attractive appearance along the street frontage. The Commercial Chapter of the Land Use Element of the City’s Comprehensive Plan contains goals and policies related to commercial development in the City. The following goals and policies are appropriate to consider: Goal 2: Sustain and enhance viable commercial areas. Goal 3: Create a balanced system of commercial facilities reflecting neighborhood, community, and regional needs. Policy 5: Encourage compatible commercial activities to concentrate near each other. DECISION: The setbacks specified in the Kennewick Municipal Code, Section 18.12.130, Mini- Storage Development Standards, subsection 10 – Setbacks, which require a setback of Figure 3 - 4303 West 24th Avenue Figure 3 - West 24th Avenue – south side development Figure 2 - 4303 West 24th Avenue ---PAGE BREAK--- 11 I P a g e 150 feet from the street property line is applicable to public or private streets. This code requirement does not differentiate between public and private streets in this regard. The rationale for this setback applies regardless of the classification of street or the designation of public or private. Therefore, this interpretation requires the 150 foot setback for mini-storage facilities in commercial zoning districts to all street frontages regardless of classification or designation. PLANNING DIRECTOR APPROVAL: Gregory McCormick, AICP DATE: June 13, 2013 APPEAL PROCESS: To appeal this determination, a written appeal‐‐accompanied by the required filing fee‐‐must be filed with the City's Hearing Examiner (210 W. 6th Ave., Kennewick, WA 99336, (509) 585-4275 no more than 14 days from the date of this decision (June 28, 2013). Your submittal should explain the basis for the appeal. Section 18.54.040 of the Kennewick Municipal Code provides further information on the appeal process. CODE AMENDMENTS NEEDED TO IMPLEMENT DETERMINATIONS: This determination will be retained for reference in the list of approved Code Interpretations; no further action by the City is warranted or necessary. ---PAGE BREAK--- 12 I P a g e Exhibit A-3 Appeal Letter with Attachments ---PAGE BREAK--- 13 I P a g e ---PAGE BREAK--- 14 I P a g e ---PAGE BREAK--- 15 I P a g e ---PAGE BREAK--- 16 I P a g e Exhibit A-4 Vicinity Map Aerial ---PAGE BREAK--- 17 I P a g e Subject site.