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Staff Report COZ 15-10 1 STAFF REPORT COZ 15-10 Community Planning Steve Donovan City of Kennewick Planner To: Planning Commission Date: December 7, 2015 PROPOSAL: Rezone .92 acres of Industrial, Light (IL) to Commercial, Community (CC) OWNER(S): Tom and Vicki Solbrack, 2555 W. Hwy 24, Othello, WA 99344 APPLICANT: HDJ Design Group, c/o Kevin Barney, 6115 Burden Boulevard, Suite E, Pasco , WA 99301 Site Information • Size: .92 acres • Location: 400 S. Clodfelter Road • Topography: Relatively flat – .5-6% • Existing Comprehensive Plan Designation: Commercial • Existing Land Use: Vacant Exhibits • Exhibit A-1: Aerial Map • Exhibit A-2: Zoning Map • Exhibit A-3: Comprehensive Plan Map • Exhibit A-4: Application • Exhibit A-5: Determination of Non- Significance Not to scale ---PAGE BREAK--- Staff Report COZ 15-10 2 Application Process • Application Submitted October 22, 2015 • Application routed for comments October 29. 2015 • Property posting notification sign was posted on site on November 19, 2015 • Determination of Non-Significance issued on August 10, 2015 • Notice of Hearing mailed November 18, 2015 • Notice of Hearing published November 22, 2015 Surrounding Comprehensive Plan, Zoning and Land Uses North Comprehensive Plan – Commercial Zoning – Industrial, Light Existing Land Uses – Vacant South Comprehensive Plan – Industrial Zoning – Industrial, Light (IL) Existing Land Uses – Office Building East Comprehensive Plan – Low Density Residential Zoning – Residential, Low Density (RL) Existing Land Uses – Single Family Residences West Comprehensive Plan –Commercial Zoning – Commercial, Community (CC) Existing Land Uses – Vacant Regulatory Controls • City of Kennewick Comprehensive Plan • Kennewick Municipal Code Title 4 • Kennewick Municipal Code Title 18 Description of Request Change of Zone 15-10 is a request to rezone approximately .92 acres from Industrial, Light (IL) to Commercial, Community (CC). Background This property was annexed into the City in 1995 and zoned Industrial, Light (IL). The property’s land use designation was changed to Commercial by Council in October of this year. Analysis The proposed change from IL to CC is consistent with the Comprehensive Plan and will implement the Commercial land use designation on the property. The following Comprehensive Plan Goal and Polices are applicable to the proposed Change of Zone: Goal 2: Sustain and enhance viable commercial areas. Goal 3: Create a balanced system of commercial facilities reflecting neighborhood, community and regional needs. Policy 2: Provide commercial areas sized and scaled appropriately for the neighborhoods or community. ---PAGE BREAK--- Staff Report COZ 15-10 3 Policy 5: Encourage compatible commercial activities to concentrate near each other. KMC 18.03.040(10) 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. The CC zoning district allows for retail and service oriented uses as opposed to the IL zone which allows for more industrial/manufacturing uses. It is staff’s opinion that the allowed uses in the CC zoning district are more conducive to the uses on adjacent properties. KMC 18.51.070(2): Findings: Findings Required. In order to amend the zoning map, the City Council must find that: 1. The proposed amendment conforms with the comprehensive plan; and Staff Response: The proposed Change of Zone conforms to the comprehensive plan because the Commercial, Community zoning district is an implementing zoning district of the Commercial land use designation. 2. Promotes the public necessity, convenience and general welfare; and Staff Response: The proposed Change of Zone promotes public necessity, convenience and welfare by allowing more diverse uses of the property which will have greater opportunity to benefit the general public. 3. 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 Response: Staff is unaware of possible burdens on public facilities. Water and sewer utilities have been constructed in Clodfelter Road adjacent to the site. 4. 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 Response: The proposed amendment will zone the site the same as other properties that are directly adjacent to it. The proposed amendment is in compliance with Comprehensive Plan Goals 2 & 3 and Policies 2 & 5. 5. 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 proposed zoning classification or higher zoning classification. Staff Response: Not applicable to proposed Change of Zone. Findings 1. The property owner is Tom and Vicki Solbrack, 2555 W. Hwy 24, Othello, WA 99344. 2. The applicant is HDJ Design Group, c/o Kevin Barney, 6115 Burden Boulevard, Suite E, Pasco WA 99301. 3. The request is to change .92 acres from Industrial, Light (IL) to Commercial Community (CC). 4. The application was submitted on October 22, 2015 and was routed for review to various City Departments and other local, state and federal agencies for comment on October 29, 2015. 5. A Determination of Non-Significance issued on August 10, 2015. ---PAGE BREAK--- Staff Report COZ 15-10 4 6. The public hearing notice was posted on-site November 19, 2015, stating that the public hearing will be held on December 7, 2015 at 6:30 p.m. in the Council Chambers at Kennewick City Hall. 7. Notice of the public hearing for this application was mailed to property owners within 300 feet of the site on November 18, 2015. Notices were also published in the Tri-City Herald on November 22, 2015. 8. Water and sewer utilities are located adjacent to the property in Clodfelter Road. 9. Access to the site is provided by S. Clodfelter Road. 10. The proposed amendment is adjacent to the Commercial, Community (CC) and Industrial, Light (IL) zoning district. 11. The land use designation of adjacent property to the north was changed from Industrial to Commercial by the City Council on October 20, 2015. Conclusions 1. Approval will implement the Comprehensive Plan Land Use Designation of Commercial. 2. Approval will not result in an increase of adverse environmental impacts. 3. The proposed Change of Zone will not be in conflict with the purpose statement of the CC zone in KMC 18.03.040(10). Recommendation Staff has reviewed the application and finds that it meets the criteria for approving a rezone as contained in KMC 18.51.070 and recommends that the Planning Commission concur with the findings and conclusions contained in staff report COZ 15-10 and recommend approval to City Council. Motion I move that the Planning Commission concur with the findings and conclusions in staff report COZ 15-10 and recommend to City Council approval of the request. ---PAGE BREAK--- 200 ft 1 : 2401 1in : 200.08ft This plan is suitable for informational use only. City of Kennewick accepts no liability for any error whatsoever. Produced by CITY\SDonovan 08:56 11/19/2015 Page 1 of 1 Print Preview 11/19/2015 http://cokgisweb02/gisdataviewer/commands/printadvanced/print_preview_landscape.asp SITE Exhibit A-1 ---PAGE BREAK--- SurfaceText StructureText RailRoadText StreetName100 SurveyCityLimits SurveyUrbanGrowthBoundary RailRoadTrack StreetCenterline SurveyParcelZoning CC COUNTY CR IH IL PF RH RL RM RS UNKNOWN SurveyParcel SurfaceWater 400 ft 1 : 5209 1in : 434.08ft This plan is suitable for informational use only. City of Kennewick accepts no liability for any error whatsoever. Produced by CITY\SDonovan 10:35 11/20/2015 Page 1 of 1 Print Preview 11/20/2015 http://cokgisweb02/gisdataviewer/commands/printadvanced/print_preview_landscape.asp Exhibit A-2 ---PAGE BREAK--- StreetCenterline SurveyParcel SurveyLandUsePlan COMMERCIAL HIGH DENSITY RESIDENTIAL INDUSTRIAL LOW DENSITY RESIDENTIAL MEDIUM DENSITY RESIDENTIAL OPEN SPACE PUBLIC FACILITY 400 ft 1 : 5209 1in : 434.08ft This plan is suitable for informational use only. City of Kennewick accepts no liability for any error whatsoever. Produced by CITY\SDonovan 10:33 11/20/2015 Page 1 of 1 Print Preview 11/20/2015 http://cokgisweb02/gisdataviewer/commands/printadvanced/print_preview_landscape.asp Exhibit A-3 ---PAGE BREAK--- Exhibit A-4 ---PAGE BREAK--- Change-of-Zone Supplemental Information The following questions will be reviewed by both the Planning Commission and City Council as a means of assisting in their consideration of change-of-zone requests. Use additional pages if necessary. 1. Does the public necessity, convenience, and general welfare require the adoption of the proposed amendment? Please explain: 2. Are there sites presently available on the market which are correctly zoned for the proposed use? Are these sites within a 1/2 mile of the proposed site? Within 1 mile of the proposed site? If yes, please indicate the general location of the site(s) and the reasons why these sites are not proposed to be utilized: 3. Is the proposed amendment consistent with the existing land use pattern in the area? Please explain. 4. Are the existing uses, in the area, in conformance with the area's zoning classification? If no, please explain the differences: 5. Will the proposed amendment create an isolated district, or introduce a more intense land use to the area? Please explain. 6. Does the existing zoning prohibit reasonable use of the property? Please explain. 7. Will any residential character, in the immediate area, be adversely affected by the proposed amendment? If yes or maybe, please explain: 8. Will property values in the vicinity be changed by the proposed amendment? If yes or maybe, please explain: January 2015 Yes, the proposed zone changes are consistent with current and proposed zoning designations of adjacent properties. Yes No, the proposed zone change is consistent with current zoning. No, but changing the zoning to be consistent with adjoining properties will encourage development. No, the immediate area includes vacant land and similarly zoned properties. Nearby residential areas will benefit from the elimination of potential Industrial land uses. No Yes, the proposed zone changes are consistent with a recent comprehensive plan amendment and will eliminate the possibility of industrial uses in close proximity to residential subdivisions and the Amon Wasteway. Exhibit A-4 ---PAGE BREAK--- 9. Will approval of the proposed amendment set a precedent for other similar proposals or uses? Will this deter the use, improvement or development of adjacent property in accordance with the existing Zoning Districts? Please explain: 10. Will the proposed amendment encourage more private investments which will be beneficial to the redevelopment of a deteriorated area? Please explain: 11. Will the proposed amendment combat any economic segregation and allow greater choice in the market? Please explain. 12. Will the proposed amendment create conflict between potential land uses and transportation patterns? Or safety concerns? Please explain: Summary of City forms required: Application – General Form Change of Zone Supplemental Information Environmental and Salmonids Checklist (SEPA) January 2015 No, this proposal will facilitate development consistent with current zoning. The proposal will facilitate private development of the vacant land. No, the proposed zone change will positively affect potential land uses and transportation patterns. Exhibit A-4 ---PAGE BREAK--- CommunityPlanningDepartment 210West6thAvenue Kennewick,WA99336 Phone:(509)585Ͳ4280 [EMAIL REDACTED] DETERMINATION OF NON-SIGNIFICANCE FILE/PROJECT NUMBER: CPA 15-04/PLN-2015-01237 DESCRIPTION OF PROPOSAL: Change 0.92 acres designated Industrial to Commercial PROPONENT: HDJ Design Group LOCATION OF PROPOSAL, INCLUDING STREET ADDRESS, IF ANY: 400 S. Clodfelter Rd. LEAD AGENCY: City of Kennewick DETERMINATION: The City of Kennewick has determined that this proposal does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) will not be required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the City. This information is available to the public on request. Application for other required permits may require further review under SEPA procedures. There is no comment period for this DNS. This DNS is issued after using the optional DNS process in WAC 197Ǧ11Ǧ355. There is no further comment period on the DNS. This DNS is issued under 197Ǧ11Ǧ340(2); the City will not act on this proposal for fifteen days from the date below. Comments must be submitted by . After the review period has elapsed, all comments received will be evaluated and the DNS will be retained, modified, or withdrawn as required by SEPA regulations. RESPONSIBLE OFFICIAL: Gregory McCormick, AICP POSITION/TITLE: Community Planning Director ADDRESS: 210 W 6th Ave., P.O. Box 6108, Kennewick, WA 99336 PHONE: (509) 585Ǧ4463 Changes, modifications and /or additions to the checklist have been made on the attached Environmental Checklist Review. This DNS is subject to the attached conditions: No conditions. See attached condition(s). Date: August 10, 2015 Signature: Appeal: An appeal of this determination must be submitted to the Community Planning Department within fourteen (14) calendar days after the date issued. This appeal must be written and make specific factual objections to the City’s threshold determination. Appeals shall be conducted in conformance with Section 4.12.090(9) of the Kennewick Municipal Code and the required fees pursuant to the City’s adopted Fee Schedule shall be paid at time of appeal submittal. Copies of this DNS were emailed to: • Benton Clean Air Authority • Confederated Tribes of Umatilla Indian Reservation • Department of Ecology SEPA Register • Department of Fish & Wildlife • Department of Natural Resources • Washington State Department of Transportation