Document Kennewick_doc_3bab2e9f18

Findings, Conclusions, and Decision Kennewick Hearing Examiner Canyon Ranch Plat PP 12-09/PLN2012-04024 page 1 of 13 BEFORE THE HEARING EXAMINER FOR THE CITY OF KENNEWICK In the Matter of the Application of ) PP 12-09 ) PLN 2012-04024 ) Matt Smith, on behalf of ) Canyon Ranch Plat Tri Cities Development Co., LLC ) ) For Preliminary Plat ) FINDINGS, CONCLUSIONS, AND ) DECISION SUMMARY OF DECISION The requested preliminary plat to subdivide 32.6 acres into 131 single-family residential lots is APPROVED subject to conditions. SUMMARY OF RECORD Request Matt Smith, on behalf of Tri Cities Development Co., LLC (Applicant), requested approval of a preliminary plat to subdivide 32.6 acres into 131 single-family residential lots. The subject property is located north of Ridgeline Drive, west of Clodfelter Road, and east of W. Clearwater Avenue, in Kennewick, Washington. Hearing Date On March 11, 2013, the City of Kennewick Hearing Examiner conducted an open record public hearing on the request. Testimony At the open record hearing, the following individuals presented testimony under oath: Wes Romine, Kennewick Development Services Manager Gregory McCormick, Kennewick Planning Director John Deskins, Kennewick Traffic Engineer Matt Smith, Tri Cities Development Co., LLC, Applicant Dave Retter, Windemere Real Estate John Fleming Daniel Safford Dave Retter John Ziobrow, Attorney, represented the Applicant. / / / ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Canyon Ranch Plat PP 12-09/PLN2012-04024 page 2 of 13 Exhibits At hearing, the following exhibits were admitted in evidence: Exhibit 1 Staff Report to the Hearing Examiner, dated March 4, 2013 Exhibit 2 Application, dated received December 28, 2012 Exhibit 3 Notice of Application/Mailing List Exhibit 4 Vicinity Map Exhibit 5 Preliminary Plat Drawing, dated February 7, 2013 Exhibit 6 Preliminary Grading Plan Exhibit 7 SEPA Determination, issued February 14, 2013 Exhibit 8 City Department Comments, including: a. Traffic Engineering Memo, dated February 14, 2013 (four pages) b. Public Works Memo, dated January 28, 2013 (three pages) c. Fire Department memo, dated January 23, 2103 (one page) Exhibit 9 Outside Agency Comments, including: a. Washington State Department of Transportation comments (17 pages) b. Washington State Department of Ecology comments, dated January 18, 2013 (two pages) c. Kennewick Irrigation District comments (five pages) d. Benton PUD comments, dated January 8, 2013 (two apges) e. Kennewick School District comments, dated February 27, 2013 (one page) f. Ben Franklin Transit comments, dated January 8, 2013 (one page) Exhibit 10 Comments from Mary Blomberg, dated February 25, 2013 Exhibit 11 Correspondence from John Ziobrow, Attorney for the Applicant, dated February 14, 2013 Exhibit 12 Planning Staff’s PowerPoint presentation (23 slides) Exhibit 13 Trip Generation letter, prepared for the Applicant by JUB Engineers, dated March 8, 2013 Exhibit 14 Recommended condition of approval #20, submitted by Wes Romine Exhibit 15 Email to Wes Romine, dated February 22, 2013 Exhibit 16 Email to John Ziobrow, dated February 25, 2013 Exhibit 17 City of Kennewick Street Map Exhibit 18 Covenants, Conditions, and Restrictions (CCRs) for Canyon Ranch 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 that would subdivide 32.6 acres into 131 single-family residential lots. The subject property is located north of Ridgeline Drive, west of Clodfelter Road, and east of W. Clearwater Avenue, in Kennewick, Washington.1 Exhibit 1, page 1; Exhibit 2. 1 Lots 6, 7, & 8 of Short Plat 3386 according to the survey thereof as recorded in Volume 1 of Short Plats, Page 3386 Records of Benton County Washington. And that portion of Lot 9 of said Short Plat 3386 described as ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Canyon Ranch Plat PP 12-09/PLN2012-04024 page 3 of 13 2. In August 1995, the subject property was annexed into the City with a Commercial Community (CC) zoning designation. Although the annexation ordinance was amended in October 1995, the zoning designation for the subject parcel retained its CC zoning designation until August 2001 when it was rezoned to Business Park (BP). In February, 2011 the zoning designation was changed to Residential Low Density (RL). In May 2011, a preliminary plat for a 35-lot subdivision (PP 11-01) was approved on a 10.1 acre portion of the property by the City of Kennewick Hearing Examiner. However, plat PP 11-01 was abandoned when Short Plat 3386 was approved and recorded in December 2012, creating four single family lots and a larger parcel for construction of a church. The remaining subject property retains the RL zoning designation. Exhibit 1, pages 2-3. 3. The instant plat application was submitted December 28, 2012 and deemed to be complete on January 7, 2013; notice of application was issued on the same date. Exhibit 2. 4. 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 plat application materials and environmental checklist, the City's Responsible Official issued a mitigated determination of non-significance (MDNS) on February 14, 2013, with a 15 day comment period ending March 1, 2013. The MDNS required mitigation of impacts on City parks and transportation facilities through the payment of impact fees. The SEPA appeal period ended March 7, 2013; no appeals were filed. Exhibit 7, MDNS; Exhibit 1, page 3; Romine Testimony. 5. According to the City’s critical area maps, there are no critical areas on or adjacent to the site. Exhibit 1, page 6. 6. Surrounding properties include a mix of residential densities with some commercial zoning to the west. Property adjacent to the north is in the City’s urban growth area (UGA) outside of City limits. It is developed with single family homes on lots ranging in size from approximately one-half acre to two acres. To the east across Clodfelter Road is undeveloped property also in the UGA. The City’s Southridge Sub Area plan designated this area for medium and low density residential development. To the south across Ridgeline Drive, City of Kennewick property zoned Residential Medium Density (RM) is approved for development with a 642 unit apartment complex. To the west, property zoned Business Park is anticipated to be developed with light commercial uses. Exhibit 1, page 5. 7. The subject property's RL zoning requires a minimum density of three units per acre, a maximum density of four units per acre, and a minimum lot size of 7,500 square feet. Exhibit 1, page 3; Kennewick Municipal Code (KMC) 18.12.010 A.2. follows: Commencing at the northwest corner of said Lot 9; Thence along the west line thereof South 00’09’09” east for 386.93 feet to an angle point in the west line of Lot 9 and the true point of beginning of said description; Thence north 90’00’00” west for 170.00 feet; Thence south 00’09’09” east for 100.01 feet; Thence north 90’00’00” east for 170 feet; Thence north 00’09’09” west for 100.01 feet to the true point of beginning of said description. Exhibit 1, page 1. ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Canyon Ranch Plat PP 12-09/PLN2012-04024 page 4 of 13 8. The proposed plat's 131 lots on approximately 32.6 acres would result in a density of four units per acre. The lots would be developed in eight phases, and the phases are intended to be built in the order they are numbered. According to the February 7, 2013 preliminary plat map in the record, proposed lots range in size from 7,186 to 17,157 square feet, with an average lot size of 8,900 square feet. Although the Staff Report indicates that the smallest proposed lot would be 7,513 square feet, the plat map in the record at Exhibit 5 says otherwise, showing the following four lots to be inconsistent with the minimum lot size of the RL zone: Lot 44 at 7,375 square feet; Lot 45 at 7,187 square feet; Lot 52 and 7,186 square feet; and Lot 53 at 7,313 square feet. It is possible that an earlier version of the plat map was inadvertently offered in evidence; otherwise the plat needs to be redesigned to provide at least 7,500 square feet per lot. A condition of approval would ensure that this correction is completed. Exhibit 5; Exhibit 1, page 3. 9. The plat would provide two points of access onto Ridgeline Drive. Phase 1 (twelve lots) would connect to Ridgeline Drive through the four lots of Short Plat 3386 via S. Honeysuckle Street in the southwestern corner of the subject property. Presently, Honeysuckle Street does not allow left turns out due to sight distance issues caused by the curvature of Ridgeline Drive. Phase 2 (15 lots) would connect to Ridgeline Drive in the southeastern corner of the site via proposed S. Fescue Street. Phase 3 (21 lots) would be built north of the large church lot from the short plat and would create a street connection proposed to be called W. 18th Avenue between Phases 1 and 2. Two additional east-west connections proposed within the plat would connect future phases to the two primary access routes. All streets within the plat would be built to City road standards. The City Council is slated to consider new street standards that would include curb tight sidewalks. If the new standards are approved, the Applicant would be entitled to use such a design. Exhibit 1, page 4; Exhibit 5; Exhibit 13. 10. The project would required to provide half street improvements on Ridgeline Drive to be constructed concurrent with the third phase at the latest. Exhibit 1, page 4. 11. In review of the application, the City’s traffic engineer conducted the City's standard traffic analysis of the proposed plat, memorialized in a memo dated February 14, 2013. Based on the 9th Edition of the Institute of Transportation Engineers Trip Generation Manual (code Land Use 210), the City's engineer determined that the 131-lot plat would generate 1346 average daily trips. Because there are proposed internal street segments over 600 feet long with no curvature, the project would be required to provide traffic calming on those segments. Two significant intersection improvements are planned in the area to which the proposed plat would contribute traffic: Ridgeline Drive/Clodfelter Road and the future Five Corners roundabout (Steptoe, Hildebrand, Clodfelter, and 10th). In order to mitigate traffic impacts to these intersections, the City's traffic engineer estimated the percentage of average daily trips from the plat that would use the intersections and calculated that the project must contribute $86,914 in traffic mitigation fees. These fees are paid on a per lot basis at time of final plat for each phase. The traffic mitigation fees were incorporated into the City's SEPA determination, which was issued February 14, 2013 and not appealed; payment of these fees thus became a condition of project approval. Exhibit 8.a. ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Canyon Ranch Plat PP 12-09/PLN2012-04024 page 5 of 13 12. The City's traffic engineer required the Applicant to submit a professionally prepared trip generation and distribution letter, dated March 8, 2013. Based on the 8th Edition of the Institute of Transportation Engineers Trip Generation Manual (Land Use 210), the letter estimated average daily trips of 1254. Based on the number of PM peak hour trips, the Applicant's trip generation letter calculated the proportionate share of the cost of the improvements at the same two impacted intersections to be a total of $64,146, which is $22,768 less than the City traffic engineer's calculation (about $173 less per lot). Exhibit 13. 13. The City's residential subdivision stormwater standards require plats to be designed to retain and dispose of the calculated difference in runoff between a 25-year, 24-hour event in the developed state and a ten-year, 24-hour event for the pre-developed state. 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, including a stormwater plan consistent with City standards. Exhibit 1, page 4; Exhibit 8.b. 14. Municipal water and sewer are available to serve the proposed plat. Existing eight-inch water and sewer lines are available from the north terminus of Honeysuckle Street. Comprehensive water and sewer plans must be approved by the City Public Works for the entire plat prior to approval of Phase 1 construction plans. Exhibit 1, page 4; Exhibit 8.b. 15. The subject property is within the 7W - Five Corners park planning zone. Based on the City's park fee determination process, the project would be required to either dedicate 1.1766 acres of land for development as a park or to pay a fee in lieu of dedication equaling $46,353.10. The Applicant elected not to set aside park land. Payment of the calculated park mitigation fee was made a condition of SEPA approval and the Applicant did not appeal the MDNS. Park fees are paid on a per-lot basis at time of final plat for each phase. Exhibit 7; Exhibit 1, pages 4-5. 16. The Kennewick School District schools that would serve the subdivision are Cottonwood Elementary, Desert Hills Middle School, and Kamiakin High School. The plat is located in the bussing zone for all three schools; all students would be bussed. New sidewalks within the plat would provide safe walking to bus stops. The District submitted a comment letter indicating that there is capacity at all three schools to add the students projected to reside within the proposed plat. Exhibit 1, page 5; Exhibit 9.e. 17. Proposed Lot 35 contains an existing cell tower. Exhibit 12; Exhibit 5. Cell towers are not allowed on residential parcels. Planning Staff recommended a condition of approval requiring either that the cell tower is removed prior to construction of Phase 2 or that the Applicant create a tract of land around the cell tower such that no residential lots would be situated within 100 feet of the cell tower. Romine Testimony; Exhibit 1, page 7. 18. Staff submitted the opinion that the proposed plat would be consistent with to the City’s Comprehensive Plan, specifically implementing the following goals and policies: ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Canyon Ranch Plat PP 12-09/PLN2012-04024 page 6 of 13 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. 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. 19. The Kennewick Fire Department submitted comments indicating that fire hydrants would be required at intersections with an average 500 foot spacing on the proposed streets with a minimum water flow of 1,000 gallons per minute at 30 psi. The Department's comments also noted that structures greater than 2,600 square feet would be subject to specific fire flow standards. Finally, the District noted that residential development that is served by a single city standard street over six hundred feet in length (as measured from the point where two required access streets are not present) must have a second city standard street for access. Exhibit 8.c. 20. The plat map in the record at Exhibit 5 shows phasing that was reconfigured to address the Fire District's concerns, which have been fully addressed. Smith Testimony; Romine Testimony. 21. The Kennewick Irrigation District and Benton PUB submitted comments indicating information necessary for each agency's approval and/or service to the proposed plat. Ben Franklin Transit submitted comments requesting that pedestrian and bicycle facilities be made available. The Washington State Department of Ecology's (DOE) comments indicated that a Construction General Stormwater Permit is required if there is the potential for stormwater to discharge from ground disturbed during site preparation and construction. DOE also noted it is the water purveyor's duty to ensure the proposed use remains within its water right(s). Exhibits 9.b, 9.c, 9.d, and 9.f. ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Canyon Ranch Plat PP 12-09/PLN2012-04024 page 7 of 13 22. The Washington State Department of Transportation (WSDOT) submitted comments requesting mitigation of the project's trips on Interstate 82's Exit 109. WSDOT estimated 131 PM peak hour trips based on the ITE Manual. The WSDOT comments state: Recent projects completed by both the City and the County have created operational conflicts within the limited access boundaries of I-82. To the north of the interchange, the roundabout at Leslie/Badger Road merges two southbound lanes directly opposite the I-82 westbound ramp terminal. To the south, the intersection of Wiser Parkway and Badger Road was constructed immediately outside of the limited access boundaries of I-82, 300 feet from the eastbound ramp terminal. The cumulative impact from recent City and County developments (Cottonwood Commercial Plaza SUB11-02, Cottonwood Elementary School EA09-01, Edward Rose Apartments PLN 2011-00799, and others) are requiring the construction of a second southbound lane between and the ramp terminals (sic). WSDOT has determined that additional project traffic will cause the I-82 westbound ramp terminal to fail (LOS WSDOT requires the proponent to extend the second southbound lane of Badger Road approximately 1,000 feet from the westbound ramp terminal to a point opposite of the eastbound ramp terminal. If the developer disagrees with this requirement, we require a traffic impact analysis (TIA) be performed by a licensed traffic engineer at the proponent's expense and submitted to the City and WSDOT for review and comment. Exhibit 9.a. 23. When provided with additional information about project phasing, WSDOT revised its comments as follows: WSDOT required the proponent to extend the second southbound lane of Badger Road approximately 1,000 feet south to a point opposite the eastbound ramp terminal. As a condition of development approval, this improvement shall be constructed in conjunction with Phase 3. If the developer disagrees with this requirement, we require a traffic impact analysis (TIA) be performed by a licensed traffic engineer at the proponent's expense and submitted to the City and WDSOT for review and comment. Exhibit 9.a. When the City informed WSDOT that it felt the requirement extended beyond the instant project's proportionate share of improvements, WSDOT responded: WSDOT does not recommend you omit our requirements. Should you do so, we have no alternative other than through the appeal process of which we will follow. Our revised [condition] postponed the improvement until a future phase. It included the provision, "if the developer disagrees, he can perform a ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Canyon Ranch Plat PP 12-09/PLN2012-04024 page 8 of 13 traffic impact analysis." Because the proposed project crosses the LOS threshold, your opinion that improvement is more than the proponent's proportionate share is no longer valid. The pro-rata concept has been our position throughout the development within this area. See the attached response letters. Do not disregard our comments. Exhibit 9.a. 24. To their comments on the instant project, WSDOT attached comments on nine other projects dating back to 2006. One of the nine projects was located in the City (Edward Rose Apartments, 2011), while the other eight were in Benton County. Starting in 2006 the WSDOT comments indicate concern about the impacts of new development on the Exit 109 interchange and request pro rata cost contribution based on trip generation. In April 2011, WSDOT's request changed to a demand that a developer of a City of Kennewick project extend the second southbound lane by 1,000 feet, as in the current case. Exhibit 9.a. In that case, WSDOT's comments were received after the comment period was closed and no condition was imposed requiring the lane be extended by that developer. Deskins Testimony. 25. Upon consultation with the City Attorney, the City determined it was not appropriate to implement WSDOT's requested condition requiring the Applicant to extend the lane by 1,000 feet. As grounds for this determination, the City forwarded the following arguments: a) The congestion that is the source of WSDOT's concerns exists now and has resulted from previously approved development, as evidenced by the comments from previous projects it attached to the instant comments, rather than from trips generated by the instant project; b) WSDOT didn't submit traffic data or a TIA, but rather only an assertion that the proposed 131 PM peak hour trips would cause the interchange to fall to LOS F; c) much of the area underlying WSDOT's requested improvements is outside the City limits; d) the City has not set a level of service standard for Exit 109; and e) the City's traffic engineer disagrees that the additional 1,000 feet of southbound lane would effectively address the issue; he felt that more appropriate mitigation would be to revise striping and replace the curb, amending the currently unused two-way left turn lane. Romine Testimony; Deskins Testimony; Exhibit 16; Exhibit 17. 26. Based on these reasons, the City left WSDOT's requested condition out of the MDNS. WSDOT did not appeal the MDNS. Romine Testimony. 27. The Applicant noted that the estimated cost of WSDOT's 1,000 feet of off-site road improvements would be $300,000.00. Counsel for the Applicant noted that there is an existing substandard condition at the interchange and argued that WSDOT's demand fails to show nexus or proportionality between the impacts of the proposed plat and the demanded mitigation. The Applicant also argued that the SEPA official did not find that traffic impacts to any intersection rose to the level of probable, significant, adverse environmental impacts. Exhibit 11; Ziobrow comments. ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Canyon Ranch Plat PP 12-09/PLN2012-04024 page 9 of 13 28. Notice of public hearing was mailed to surrounding property owners on February 22, 2013 and published on February 24, 2013. Notice was provided consistent with City requirements. Exhibit 1, page 2; Exhibit 3. After notice and prior to the public hearing, the City received public comment from one neighbor of the site expressing concerns about construction hours of operation. The comment asserted that when a portion of the site was cleared the previous year, equipment operated from 6:00 am to midnight on many days. Exhibit 10, Blomberg comment. 29. At hearing, two other individuals offered testimony expressing the following concerns: Adjacent property owner John Fleming testified that he knows Cottonwood Elementary already uses two portables and is talking about adding two more, so he questioned the District's assertion there is adequate capacity. He is also concerned for property values and asked to know the target home price for the project. Fleming Testimony. Adjacent owner Daniel Stafford's property adjoins the site's northeast corner. His lot is fenced, but his fence gets cut by people who want to trespass on horse, dirt bikes, and other means. Safford Testimony. 30. In response to the question about home pricing, Dave Retter of Windemere Real Estate testified that the homes could be anticipated to sell in the $210,000 to $285,000 range. Retter Testimony. 31. Planning Staff noted that the only City fencing requirement is that fence be placed on Ridgeline Drive with two-foot masonry columns every 50 feet. Regarding school capacity, Staff indicated that the nearby approved 642 unit apartment was also reviewed by School District, who is the appropriate authority on adequate capacity. Finally, Staff noted that hours of construction allowed in the City are limited from 6:00 am to 8:00 pm. Any construction outside these hours is against City ordinance and can be reported to the Planning department to seek enforcement. 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 as modified based on testimony and on Exhibit 14. Exhibit 1, pages 6-7; Romine Testimony. 32. The Applicant indicated that he is willing to amend the plat's covenants, conditions, and restrictions to require a six-foot-tall solid wood fence around all perimeter lots. Regarding traffic impact fees, the Applicant requested that Planning Staff's recommended conditions of approval 10, 11, and 19 be amended to reflect the fee assessment in the trip generation and distribution letter submitted March 8, 2013. Otherwise, the Applicant agreed with and waived objection to the recommended conditions of approval. Smith Testimony. 33. Planning Staff indicated a willingness to amend the MDNS in order to reduce the traffic impact mitigation to match the Applicant's subsequently produced trip generation letter calculation. Romine Testimony; McCormick Testimony. However, after adjournment of the hearing and prior to decision issuance, no amended MDNS was issued. Having not been appealed or amended, the mitigation measures required in the MDNS are final. Exhibit 7. ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Canyon Ranch Plat PP 12-09/PLN2012-04024 page 10 of 13 CONCLUSIONS Jurisdiction The Hearing Examiner has jurisdiction to hear and decide applications for preliminary plat pursuant to KMC 4.02.080(b)(ii) and 17.10.080. Preliminary Plat Criteria for Review 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, 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. In considering preliminary plats, pursuant to KMC 17.10.080(4), the City may impose any conditions necessary to protect the health, safety, and welfare of the property users, both within and adjacent to property to be subdivided. Such conditions may include, but are not limited to, the following: relocation of lots, streets, sidewalks, pedestrian walkways and utility easements and other plat features; regulation of lot sizes; regulation of street width; dedication and improvements of public access to public parks, playgrounds, open spaces, and schools; City review of maintenance agreements, any restrictive covenants, and homeowner's association and bylaws; and such other conditions as will make possible development of the City in an orderly and efficient manner, and in conformity with this code and the Comprehensive Plan. Conclusions Based on Findings 1. As conditioned, the proposed plat makes adequate provision for the public health, safety, and general welfare. The 131 lots would be developed in eight phases in such an order as would ensure adequate vehicular access for the number of lots in any given phase. The municipal utilities have capacity to serve the proposed lots and conditions would ensure connection to existing mains consistent with City codes. The project would provide half- street frontage improvements on Ridgeline Drive. The plat would provide access points to the public street network at two access intersections which, as conditioned, would be consistent with City sight distance requirements and all other road standards. Conditions would ensure that a stormwater management plan reviewed, approved, and implemented prior to issuance of construction permits. Park impacts would be mitigated through the payment of fees. Based on the comments of the Kennewick School District directly addressing the question of capacity, the schools that would serve the plat have capacity to accept the project's anticipated students. All students would be bussed to District schools. Street improvements would provide sidewalks within and along the frontage of the plat that are consistent with City standards. The proposal was reviewed for compliance with SEPA and an MDNS was issued. Despite later submitted evidence regarding potentially lower levels of traffic impacts, the MDNS was not amended. Neither was the MDNS appealed by WSDOT, the Applicant, or any other party, rendering the SEPA Responsible Official's required mitigation measures final as to traffic ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Canyon Ranch Plat PP 12-09/PLN2012-04024 page 11 of 13 impact mitigation. A condition of approval would require perimeter lots to be fenced in order to dissuade trespass from the subject property onto adjacent parcels. Findings 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, and 33. 2. As conditioned, the proposed plat would be consistent with applicable goals and policies of the City of Kennewick Comprehensive Plan. Single-family housing is a permitted use in the RL zone and associated land use designation. With conditions, the proposed density of four units per acre and all lot dimensions would be consistent with the RL zoning designation of the site. As conditioned, all other requirements have been addressed. Findings 7, 8, 18, and 31. DECISION Based on the preceding findings and conclusions, the requested preliminary plat to subdivide 32.6 acres into 131 single-family residential lots is APPROVED subject to the following conditions: 1. All site development 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 shall be paid prior to the approval of the final plat. 3. The developer shall construct residential streets per City of Kennewick Standard Detail 2- 1, sheet 2 of 4. If City Council approves a new City Standard street detail with curb tight sidewalks prior to signing the final plat mylar, curb tight sidewalks may be used. 4. Development shall be in conformance with the plat drawing dated February 7, 2013 at Exhibit 5 EXCEPT that the plat map shall be revised so that no lot is smaller than 7,500 square feet. 5. A landscape plan must be submitted for approval for any common areas, including Arterial Streetscaping and Arterial street fencing. The landscape plan shall be prepared by a licensed landscape architect or licensed landscape installer drawn to a legible scale with sizes and species of plants. Landscaping is required to be installed or bonded for prior to final plat of the phase it is in. 6. The developer shall execute a written agreement to the satisfaction of the City Attorney which will allow the City to make arrangements for maintenance of any common areas, open spaces, private roads, and landscape areas (including streetscape on Ridgeline Drive) should the Homeowner’s Association fail or refuse to maintain these areas. 7. All landscaped areas to be irrigated with an automatic sprinkler system or drip irrigation system. Xeriscape landscaping is encouraged. 8. The developer shall remove cell tower on lot 35 prior to the final plat of phase 2 or create a tract of land around the cell tower with not lots within 100 feet of the cell tower. ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Canyon Ranch Plat PP 12-09/PLN2012-04024 page 12 of 13 9. Development shall comply with the Public Works memorandum dated January 28, 2013 at Exhibit 8. 10. Development shall comply with Traffic Engineer memorandum dated February 14, 2013 at Exhibit 8. 11. Per the Traffic Engineer comment the project shall include traffic calming elements for streets that exceed 600 feet in length with no curvature. Prior to submittal of the DPW permit provide a traffic calming plan to be reviewed and approved by the City’s Traffic Engineer. 12. Development shall comply with Benton PUD requirements for easements and power services for the plat. 13. Development shall comply with Kennewick Irrigation District letter dated February 19, 2013 at Exhibit 9. 14. Development shall comply with Kennewick Fire Department comment memorandum dated January 23, 2013 at Exhibit 8. 15. Geo-Tec reports are required for each lot at the time of building permit submittal. With prior approval a blanket geological report may be accepted as long as all applicable codes are met regarding soil bearing capacity. 16. Development shall comply with Department of Ecology comments dated January 18, 2013 at Exhibit 9. 17. The developer shall provide dust control method(s) such as hydroseeding for all areas of the site that are disturbed. Re-hydroseeding may be required. 18. In lieu of dedication of park land and based on the “Park Fee Determination Process” calculation, the developer shall pay park fees in the amount of $46,353.10 for impacts to Park Planning Zone 7W-Five Corners. Park fees will be collected prior to signing the final plat mylar as a percentage of lots in each final plat phase. 19. The developer shall pay Traffic Mitigation Fees in the amount of $86,914.00 for impacts to the intersection at Ridgeline/Clodfelter and adding a new roundabout at the Five Corners area. Fees will be collected prior to signing the final plat mylar as a percentage of lots in each final plat phase. 20. Prior to the final plat of any phase that contains a portion of Lot 9 of Short Plat 3386, the existing house shall be connected to the City's sanitary sewer system and the existing septic system shall be properly abandoned consistent with City and State health codes. ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Canyon Ranch Plat PP 12-09/PLN2012-04024 page 13 of 13 21. The Covenants, Conditions, and Restrictions recorded for the plat shall require six-foot- tall solid wood fencing to be installed by the builder of each perimeter lot. DECIDED March 25, 2013. By: Sharon A. Rice City of Kennewick Hearing Examiner