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Findings, Conclusions, and Decision Kennewick Hearing Examiner Canyon Ranch PP 11-01 page 1 of 10 BEFORE THE HEARING EXAMINER FOR THE CITY OF KENNEWICK In the Matter of the Application of ) PP 11-01 ) ) Matt Smith, on behalf of ) Canyon Ranch Victor and Marilyn Johnson ) ) FINDINGS, CONCLUSIONS For a Preliminary Plat ) AND DECISION ) SUMMARY OF DECISION The request for preliminary plat approval to subdivide 53.5 acres north of Leslie Road and west of Clodfelter Road in Kennewick, Washington in order to create 35 single-family residential lots and a 43.4-acre future development tract is APPROVED subject to conditions. SUMMARY OF RECORD Matt Smith of Tri-Cities Development LLC, on behalf of Victor and Marilyn Johnson (Applicant), requested approval of preliminary plat approval to subdivide 53.5 acres in order to create 35 single-family residential lots and a 43.4-acre future development tract. The subject property is north of Leslie Road and west of Clodfelter Road in Kennewick, Washington. Request On May 9, 2011, the City of Kennewick Hearing Examiner conducted an open record public hearing on the request. Hearing Date At the open record hearing, the following individuals presented testimony under oath: Testimony Wes Romine, Kennewick Development Services Manager Gregory McCormick, Kennewick Planning Director John Deskins, Kennewick Traffic Engineer Matt Smith, Applicant Rick Russum, Worley Surveying Dave Retter, Windemere Real Estate Exhibit 1 Kennewick Community Planning Department Staff Report to the Hearing Examiner, with the following attachments: Exhibits Attachment 2 Application Attachment 3 Notice of Application/Mailing List ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Canyon Ranch PP 11-01 page 2 of 10 Attachment 4 Vicinity Map Attachment 5 Preliminary Plat Drawing Attachment 6 SEPA Determination Attachment 7 City Department and Outside Agency Comments Attachment 8 Public Health Department Letter, dated April 27, 2011 Attachment 9 Staff's PowerPoint presentation Exhibit 2 Revised recommended condition of approval #18, dated May 10, 20111 Upon consideration of the testimony and exhibits submitted, the Hearing Examiner enters the following findings and conclusions in support of the decision and recommendation: FINDINGS 1. Matt Smith of Tri-Cities Development LLC, on behalf of Victor and Marilyn Johnson (Applicant), requested approval of preliminary plat to subdivide 53.5 acres in order to create 35 single-family residential lots and a 43.4-acre future development tract. The subject property is north of Leslie Road and west of Clodfelter Road in Kennewick, Washington.2 2. The subject parcel was annexed into the City in August 1995 with a Commercial Community zoning designation and Commercial Comprehensive Plan land use designation. In August 2001, as a result of the of adoption of the Clearwater Master Plan, the site's zoning designation was changed to Business Park. In December 2010, the Comprehensive Plan land use designation was changed from Commercial to Low Density Residential. In February 2011, the site's zoning designation was changed from Business Park to Residential Low Density (RL). The rezone is final; no appeals were filed. Exhibit 1, pages 1, 3. Exhibit 1, pages 1, 3; Exhibit 1, Attachments 2, Application, and 5, Site Plan. 3. The instant plat application was submitted on March 18, 2011 and determined to be complete on the same day. Exhibit 1, page 2; Exhibit 1, Attachment 2. 4. Properties to the north and east of the subject property share the site's RL zoning designation. To the south across Leslie Road (Ridgeline)3 1 At hearing, Planning Staff and the Applicant recessed to discuss alternative language for recommended condition 18. The Examiner requested that the alternative language be submitted in a written format. The condition was submitted the following day by Planning Staff and is admitted as timely, per the discussion on the record. , parcels have a Residential Medium Density (RM) zoning designation. A 642 unit apartment complex is under 2 The legal description of the subject property is: That portion of the east half of the southwest quarter of the northwest quarter and the southeast quarter of the northwest quarter and that portion of the southwest quarter of the northeast quarter lying west of Clodfelter Road, all of which are lying in Section12, Township 8 north, Range 28 east W.M., Benton County, Washington, except Clodfelter Road, and except the south 330 feet of the east 660 feet of the southeast quarter of the northwest quarter, and also except that portion deeded to the City of Kennewick by instrument recorded on February 17, 2010 under Auditors File No. 2010-004289. Exhibit 1, page 1. 3 Leslie Road will be renamed Ridgeline Drive by the City in the future. Exhibit 1, page 2; Romine Testimony. ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Canyon Ranch PP 11-01 page 3 of 10 development to the south. To the west, properties are zoned Business Park (BP). According to the Applicant, there are plans for a future single-family subdivision similar to the instant proposal for the property to the north and east. Exhibit 1, page 4; Romine Testimony. 5. The subject property is situated north of Interstate 82, east of Badger Road and west of Clodfelter. Topographically, the site contains rolling hills with slopes of up to approximately 12 percent. Exhibit 1, page 2; Exhibit 1, Attachment 4. 6. The purpose of the RL district is to establish areas for low density, single-family, residential buildings, to stabilize and protect residential districts, and to promote and encourage a suitable environment for family life in an urban setting. Kennewick Municipal Code (KMC) 18.03.040.2. Uses allowed in the zone include single-family residential development, typical residential accessory structures, home occupations, and other typically residential uses (including daycare and nursing home facilities subject to certain types of review). KMC 18.12.010.A.1. 7. Per the Kennewick Municipal Code's table of residential development standards (KMC 18.12.010 A.2), the RL district requires a minimum density of three units per acre and allows a maximum density of four units per acre. The RL zoning district requires a minimum lot size of 7,500 square feet and a minimum lot width of 60 feet. Building heights are limited to 30 feet. Minimum setbacks from boundaries are: 15 feet from streets, except for garages or carports which must be setback 25 feet; 15 feet from rear lot lines; and five feet from side lot lines. Exhibit 1, page 3; KMC 18.12.010.A.2. Exhibit 1, pages 3-4; KMC 18.12.010.A.2. 8. The proposed plat would divide the 53.5-acre site into 10.1-acre development area containing 35 single-family residential lots in the southwest corner of the site and a 43.4- acre remainder for future development. The smallest proposed lot would be 9,012 square feet, and the average of lot sizes would be 9,546 square feet. The proposed density for the 10.01-acre project area is 3.5 units per acre. As proposed, each lot satisfies the minimum 60-foot lot width. Compliance with bulk dimensional standards, including setbacks and building heights, would be reviewed at the time of building permit. Romine Testimony; Exhibit 1, page 3; Exhibit 1, Attachment 5. 9. Two plat access points are proposed along the site's southern boundary on Leslie Road, which has a posted speed limit of 40 mph. Turning sight distance on roads with 40 mph speeds must be at least 415 feet, pursuant to KMC 13.12.020. The western access point does not provide 415 feet of sight distance. The City Traffic Engineer requested that the plat entrance either be relocated or be altered to prohibit left turn egress. Exhibit 1, Attachment 7, pages 3-4 of 9. 10. Existing right-of-way along the subject property's Leslie Road frontage exceeds the total of right-of-way and easement required for the City's standard cross section. The City's traffic engineer noted that the Applicant can either request vacation of the excess right- of-way or leave it as located, requesting a license agreement for the maintenance of the ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Canyon Ranch PP 11-01 page 4 of 10 area. The Applicant indicated that they would prefer to seek a license agreement. Exhibit 1, Attachment 7, pages 6-7 of 9; Smith Testimony. 11. A system of new public streets is proposed to provide access to the lots of the plat. The plat's new internal roads would stub once to the north and twice to the east. Full streets with sidewalks would be required throughout the plat designed and built consistent with City road standards (detail drawing no. 2-1 sheet 2 of 4 for the subdivision’s residential streets). A separate Department of Public Works permit would be required prior to construction for driveways, sidewalks, wheelchair ramps, and utility extensions (water, sewer, street, storm drainage, street lights, fire hydrants, etc.). In addition, the Applicant would be required to construct half street improvements with new sidewalks along the site's Leslie Road frontage constructed per the City’s major collector street standards (detail drawing no. 2-3, sheet 2 of Exhibit 1, page 3; Exhibit 1, Attachment 5; Exhibit 1, Attachment 7. 12. According to the City's traffic engineer, based on the Institute of Transportation Engineers (ITE) trip generation manual, the project is anticipated to generate 396 new daily vehicle trips. Traffic impacts were reviewed during the project's review for compliance with the requirements of SEPA, in Finding 18 below. Exhibit 1, page 3; Deskins Testimony. 13. Stormwater runoff from the site's new impervious surfaces must be controlled per City of Kennewick standards. The project's stormwater management facilities must be designed to control the 25-year, 24-hour storm. Prior to final plat submittal, the Applicant would be required to submit a stormwater management plan including detailed engineering plans for review. The stormwater management plan must receive Public Works Department approval. Exhibit 1, page 3; Romine Testimony; Exhibit 1, Attachment 7. 14. Municipal water and sewer service is available to the project. An existing 12-inch water line and eight-inch sewer line in Leslie Road can be extended into the site, to each lot, and to the end of each stubbed street. Exhibit 1, page 3; Romine Testimony; Exhibit 1, Attachment 7. 15. The subject property is located within the Kennewick Irrigation District (KID) boundaries. Exhibit 1, Attachment 5. 16. The project is required to mitigate impacts to Park Planning Zone 7W (Five Corners) through the payment of park fees. Park fees would be collected as each phase of the project builds out. Exhibit 1, page 4; Exhibit 1, Attachment 6. 17. A landscape plan is required for the landscaping of all common areas, which the plat would be required to maintain. A condition of approval would ensure the landscape plan is submitted and reviewed at the appropriate time before final plat review. Exhibit 1, pages 4-5. 18. Canyon Ranch would be served by Cottonwood Elementary, Desert Hills Middle School, and Kamiakin High School. The Kennewick School District did not indicate that the plat ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Canyon Ranch PP 11-01 page 5 of 10 would result in capacity deficiencies at any of the identified schools. The subject property is not within the identified walk zone for any of the District facilities and all students would be bused to their respective schools. Exhibits 1, page 4;Exhibit 1, Attachment 7, page 8 of 9. 19. The Kennewick Fire Department reviewed the proposal and recommended approval subject to two conditions: installation of fire hydrants and provision of adequate emergency vehicle turnaround if the project is developed in phases. Exhibit 1, Attachment 7, page 9. 20. The Benton-Franklin Health District reviewed the application and had no objections or concerns about the proposal. Exhibit 1, Attachment 8. 21. Planning Staff identified the following Comprehensive Plan policies as applicable to the proposal: 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. Staff submitted the position that, as conditioned, the proposal would effectuate the goals and policies of the City's Comprehensive Plan. Exhibit 1, pages 6-7; Romine Testimony. 22. The City of Kennewick acted as lead agency for of the proposal for compliance with the requirements of the State Environmental Policy Act (SEPA). After reviewing and amending the Applicants' environmental checklist, the City's Responsible Official issued a mitigated determination of non-significance (MDNS) on April 13, 2011. The MDNS requires mitigation of impacts on City parks and transportation facilities through the payment of impact fees. Traffic impact mitigation fees in the amount of $21,864 were required for the project's impacts to the Leslie Road/Clodfelter Road intersection, for which a roundabout in planned in 2021. Traffic impact mitigation fees in the amount of ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Canyon Ranch PP 11-01 page 6 of 10 $8,428 were required for the plat's impacts to the Five Corners Roundabout. The MDNS also requires the Applicants to apply for and comply with a Washington Department of Ecology NPDES permit and to implement erosion control measures prior to clearing and grading. The SEPA appeal period closed May 4, 2011; no appeals were filed. Exhibit 1, page 2; Exhibit 1, Attachment 6; Romine Testimony. 23. Notice of application was mailed to surrounding property owners on March 24, 2011 and posted on-site on March 19, 2011. Notice of public hearing was mailed to surrounding property owners on April 20, 2011 and published on April 24, 2011. Notice of public hearing was published on March 27, 2011. Notice was provided consistent with City requirements. The City received no public comment on the application. Exhibit 1, page 2; Exhibit 1, Attachment 3; Romine Testimony. 24. At hearing, the Applicant contested the required traffic impact fees for the Leslie/Clodfelter intersection. The mitigation measure requires the Applicant to post a bond for more than $20,000 for a project that is slated to be developed in 2021. By operation of the applicable City Code provisions, the funds would be refunded to the Applicant if not used within five years, but the project is ten years off. Thus, the Applicant's funds would be tied up for no purpose and compliance would result in no traffic mitigation. Smith Testimony. 25. The required traffic impact fees were levied via the MDNS and the Applicant did not appeal that determination in a timely fashion. However, Planning and Traffic Engineering Staff conferred with the Applicant and reached an alternative wording of the fee requirement in a manner that would prevent the unproductive scenario illuminated by the Applicant's testimony. That alternative language was suggested to replace the language at proposed condition18. Romine Testimony; Deskins Testimony; Exhibit 2. 26. At hearing, the Applicant requested to be excused from the requirement to provide a sidewalk separated from the street by a planter strip. Planning Staff noted that such a deviation requires a planned development permit application which is subject to public notice prior to decision. At hearing, the options were to put the plat on hold to allow proper notice for a deviation request (via the planned development permit process) or to defer the issue to a lot by lot review at the time of grading and/or building permit application. A witness for the Applicant argued that there are no more flat properties in the city and that curb-tied sidewalks need to be allowed for design feasibility purposes to keep development affordable. The Applicant chose not to place the plat application process on hold to pursue a PDP for the sidewalk deviation. Smith Testimony; Romine Testimony; McCormick Testimony; Retter Testimony. 27. Upon completion of review, and considering evidence offered at hearing, Planning Staff recommended approval of the plat with the conditions as proposed in the staff report and modified based on testimony. Exhibit 1, pages 5-6; Romine Testimony; Exhibit 2. ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Canyon Ranch PP 11-01 page 7 of 10 CONCLUSIONS 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. The Hearing Examiner has jurisdiction to hear and decide applications for planned development permits pursuant to KMC 4.02.080(b)(iv) and 18.45.060. Jurisdiction 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, Preliminary Plat Criteria for Review 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. 1. As conditioned, the proposed plat makes adequate provision for the public health, safety, and general welfare. Conditions would ensure that a stormwater management plan, designed to control runoff from the 25-year 24-hour storm, is submitted and meets with City approval prior to issuance of construction permits. The plat would provide two access points to the public street network, each consistent with City sight distance requirements. The project would provide half street frontage improvements on Leslie Road and would stub municipal utilities to the ends of the internal plat roads. The municipal utilities have capacity to serve the proposed lots. Park impacts would be mitigated through the payment of fees. The schools that would serve the plat have capacity to accept the anticipated students from the project. All students would be bused. The proposal was reviewed for compliance with SEPA and an MDNS was issued. No appeals were filed. Findings 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 22, 24, 25, 26, and 27. Conclusions Based on Findings 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 ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Canyon Ranch PP 11-01 page 8 of 10 in the RL zone and in the Low Density Residential land use designation. The proposed density of 3.5 units per acre is consistent with the zoning and land use designations of the site. With conditions, including revised condition 18, the project's traffic impacts will be mitigated. Findings 6, 8, 12, 21, 22, 24, and 25. DECISION Based on the preceding findings and conclusions, the requested preliminary plat subdividing 53.5 acres north of Leslie Road and west of Clodfelter Road in Kennewick, Washington in order to create 35 single-family residential lots and a 43.4-acre future development tract 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. Excess right of way on Leslie Road (Ridgeline) to be vacated or submit a request for a license agreement for maintenance of excess right of way. Minimum 15- foot wide landscape, utility and sidewalk tracts are to be created on the final plat drawing. 3. All fees required by the City shall be paid prior to the approval of the final plat. 4. Development shall be in conformance with the plat drawing date stamped April 27, 2011, Exhibit A-5. 5. Prior to final plat approval, a landscape plan must be submitted for approval of all common areas, open spaces and rights of way not left in a natural state, listing the number, location and species of trees, sizes of plant materials and ground cover. The landscape plan shall be prepared by a licensed landscape architect or licensed landscape installer drawn to a legible scale. 6. All landscaped areas must be irrigated with an automatic sprinkler system or drip irrigation system that meets the requirements of the Critical Area Report. Xeriscape landscaping is encouraged. 7. A Homeowner’s Association must be formed prior to final plat approval. 8. The Applicant or successor in interest shall execute a written agreement to the satisfaction of the City Attorney which will allow the City to make arrangements for maintenance of the common areas, open spaces, private roads, access driveways, and landscaped areas should the Homeowner’s Association fail or refuse to maintain these areas. The arrangement must be recorded prior to the first building permit being issued. 9. All site development shall comply with the Public Works memorandum dated April 5, 2011 (Exhibit 1, Attachment ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Canyon Ranch PP 11-01 page 9 of 10 10. All site development shall comply with Traffic Engineer memorandum dated April 11, 2011 and subsequent e-mail dated April 19, 2011 (Exhibit A-7). 11. The developer shall submit a storm comprehensive plan for the entire site. The comprehensive plan needs to be approved by the City prior to approval of Phase 1 construction plans. 12. The developer shall provide a temporary cul-de-sac or hammer head turnaround at the end of each dead end road greater than 150 feet in length at the end of phase one construction built to Fire Department and Public Works standards. 13. Fire lanes over 150 feet in length shall be provided with an approved area for turning around a fire apparatus. 14. The developer shall provide emergency vehicle access easements on new private streets. 15. The developer shall provide fire hydrants and looped water mains in accordance with City engineering standards. Fire hydrants shall be installed at intersections and maximum 500-foot spacing. 16. 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. 17. In lieu of dedication of park land and based on the “Park Fee Determination Process” calculation, pay park fees in the amount of $25,944.00 for impacts to Park Planning Zone 7W (Five Corners). 18. Prior to Final Plat approval, the developer shall contribute $30,292.00 to the cost of adding roundabouts at the intersection of the 5-Corners intersection of Hildebrand/Steptoe/Clodfelter/10th and the Leslie Road (Ridgeline)/Clodfelter intersection. This can be accomplished with either an escrow agreement or irrevocable five-year letter of credit approved by the City. For mitigation fees to the Leslie/Clodfelter roundabout fees ($21,864 of the total) will only be collected if the Final Plat is applied for after January 1, 2016. DECIDED May 19, 2011. By: Sharon A. Rice City of Kennewick Hearing Examiner ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Canyon Ranch PP 11-01 page 10 of 10