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RECEIVED CITYOF KENNEW¡CK APR 4 2011 COMMUNITY PLANNINq DEPARTMENT BEFORE THE HEARING EXAMINER FOR THE CITY OF KENNEWICK In the Matter of the Application of ì) Edward Rose & Sons Properties, ) LLC ) ) For a Planned Residential ) Development ) PDP 1 1 -0 1/PLN-2011 -0027 0 FINDINGS, CONCLUSIONS AND DECISION SUMMARY OF DECISION A Planned Residential Development for construction of a 642 vnlt aparbment complex that would be located on a 45.74 acre site at the southwest corner of Leslie Road and S. Clodfelter Road intersection in Kennewick, 'Washington is approved. As part of the approval deviations from specific development standards as set forth in KMC 18.45 are permitted. The deviations are for an increase in density from 13 units per acreto 14.3 units per acre and a height increase from 30-feet to 35-feet. The Planned Residential Development approval is subject to the listed conditions. SUMMARY OF RECORI) Request: Edward Rose & Sons Properties, LLC (Applicant),30057 Orchard Lake Road, Suite #100, Farmington Hills, MI48333 requested approval of a Planned Residential Development for construction of a 642 urut apartment complex that would be located on a45.74 acre site at the southwest corner of W. Leslie Road and S. Clodfelter Road intersection in Kennewick, Washingtont. As part of the PDP proposal the Applicant requested deviations from specific development standards as set forth in KMC 18.45. The requested deviations are for an ' The legal description of the property is: That portion of the north half of the southwest quarter AND the north half of the norlh half of the south half of the southwest quarter of Section 12, Township 8 North, Range 28East, W.M., records of Benton County, Vy'ashington, lying westerly of Clodfelter Road; EXCEPT portion acquired by the State of Washington by judgment decree entered July 26, 1983, in Benton County Superior Court under Cause No. 82-2-00673-1, and EXCEPT a portion lying southerly of I-82 right-of-way and EXCEPT any portion lying in the west half of the northwest quaúer of the southwest quarler of said Section 12. ---PAGE BREAK--- increase in density from 13 units per acre to 14.3 units per acre and a height increase from 30-feet to 35-feet. Hearing Date: An open record hearing on the application was held before the Hearing Examiner of Kennewick on March 14.20ll Testimony: At the open record hearing the following individuals presented testimony under oath: Mr. Wes Romine (City of Kennewick) Mr. Greg McCormack (City of Kennewick) Mr. John Deskins (City of Kennewicþ Mr. John Mott (Applicant's representative) Mr. Justin Buerlo cker (Applicant' s representative) Exhibits: At the open record hearing the following exhibits were admitted as part of the ofFrcial record: A-1 Staff Report A-2 Application A-3 Notice ofApplication/Mailing A-4 Vicinity Map A-5 Plans and Elevations A-6 SEPA Determination A-7 Letter from Applicant with Deviation Request A-8 City Department and Outside Agency Comments A-9 Power Point hardcopy A-10 E-mail from Bruce Baker Based upon the testimony and evidence admitted at the open record hearing, the Hearing Examiner enters the following Findings and Conclusions: FINDINGS 1. The Applicant requested approval of a PDP for development of a 642 txtit apartment complex on a 45 .7 4 acre site at the southwest corner of W. Leslie Road2 and S. Clodfelter Road intersection in Kennewick Washington. As part of the approval the Applicant requested deviations from specif,rc development standards as set forth in KMC 18.45. The requested deviations are for an increase in density from 13 units per acre to 14.3 units per acre and a height increase from 30-feet to 3S-feet. Exhibit A-1, poges I and 2; Testimony of Mr. Romine ' W. Leslie Road is projected to be renamed Ridgeline. Findings, Conclusions and Decision Hearing Examiner for City of Kennewick Rose PDP I1-01/PLN-2011-00270 Pase2 ---PAGE BREAK--- 3. Notices of the hearing and the development proposal were mailed on February 23, 20ll to all property owners within 300-feet of the proposed parcel. Notice was also published in the Tri-City Herald on February 27 ,2011. A public notification sign (number. 9047) was posted at the site February l,20ll. Exhibit A-3 The subject property is zoned by the City of Kennewick as Residential Medium Density (RM). It has a Comprehensive Plan Designation of Medium Density Residential. Exhibit A-IStøffReport, page 1. The proposed use is allowed in the RM zone and is consistent with the Comprehensive Plan designation. Testimony of Mr. Romine. The properfy was annexed into the City in August 1995 and was zoned atthat time with a Community Commercial (CC) designation. In August200l the zoning was changed to Business Park and in April 2008 the site was rezoned to the current RM designation. t Exhibit A-9; Testimony of Mr. Romine The subject properfy, part of a 53.7 acre parcel, has rolling hills that range from no slope to a20 degree slope. Adequate open space is present on site to satisff standards. Concurrent with the instant application is a boundary line adjustment application that is being processed to create a parcel for the proposed project. Exhibit A-lStaffReport, page l. Development standards for RM properties in Kennewick are set forth in KMC 18.45.020. Included in this ordinance are maximum density standards of 13 units per acre and a maximum height standard of 30 feet. A-lStaff Report, page 2. Tlrre Applicant requested approval to increase the density of the proposed development to 14.3 units per acre, al0o/o increase of the allowed density. Relief from the maximum height standard of 30 feet was also requested to allow a maximum height of 35 feet. Exhibit A-2. Engineering representatives of the Applicant (JUB Engineers) submitted that the increase in density by l0% would allow 642vnts or approximately 14 units per acre. JUB submitted that the increase would "...allow the applicant to provide a more superior product that what would normally be developed at cwrent standards." Exhibit A-7. Pursuant to the'Washington State Environmental Policy Act (SEPA) the City acted as the lead authority in identiffing environmental impacts caused by the proposed development. On March 4,2011, the City issued a Mitigated Determination of Non- signif,rcance (MDNS) which set forth conditions for protection of the health, safety and welfare. Exhibit A-6. No appeals of the MDNS were filed.a 'Allofthe 45.74acres oftheinstantprojectarezonedRM. Other acreage oftheparcelmayhaveother zoncs which are being changed through Boundary Line Adjustment procedures. - The Hearing Examiner was notified by an email from his clerical assistant on March 2l,20ll at 5:21 pm that no appeals had been filed during the appeal period. Findings, Conclusions and Decision Hearing Examiner for City of Kennewick Rose PDP I l-01/PLN-2011-00270 4, 5. 6. 7. Page 3 ---PAGE BREAK--- 8. It is the intent of the Applicant to construct the entire development in five phases. Rather than developing the entire 642 :urirtts at one time they would be developed in different stages. The phases of development would be dictated by the market demand and other factors. The Applicant's representative indicated that all of the five phases would be completed in approximately five years. Testimony of Mn Mott 9. Water and sewer utility services are available to the site. Testimony of Mr. Romine 10. The Applicant submitted preliminary storm drainage plans to the City for review. The plans call for a detention pond in the northwest portion of the site, which according to the City staff, appears to include designs that would be adequate to handle the drainage of the site. Testimony of Mr Romine; Exhibit A-5 11. The proposed PDP design and layout was submitted to the Kennewick police and fire departments. The f,rre department submitted specific conditions for the approval of the PDP. (These conditions are included in the decision.) Exhibit A-I 12. As part of the review of the proposed development of the 642 unifapartment complex, trafftc that would be generated was considered by the City. Based on traffic data models at complete buildout, the City estimated that 4074 vehicular trips would be generated per day. Exhibit A-8. This estimate was consistent with the Applicant's projected 4,300 vehicle trips to be generated. Exhibit í-checklistpg. 13. Based on these estimates the City's traffic engineer determined that street improvements would be required to handle the additionaltrafftc. Specific impacts cited included the proportional share of impacts to a future ClearwaterlLeslie roundabout, LeslieiClodfelter roundabout and the S-Corners roundabout. Based on these impacts a fee of at leastS275,7l0 is required by the Applicant of its share of mitigating the impact. Exhibit A-6, page 3. Fees would be collected based on a percentage of the number of units built in eaeh phase. Exhibit l.page 3; Testimony of Mr Romine; Testimony of Mn Deskins 13. Neither Leslie Road nor Clodfelter Road, which abut the subject property on the east and north boundaries, currently meet City standards. Trafhc from the proposed development would create additional impacts on these substandard streets. As a result the City submitted that half street improvements for Leslie Road (to be renamed Ridgeline) and Clodfelter Road are required to be made as part of the development. Testimony of Mr. Romíne. The half street improvements would include cwbs and sidewalks. All of the Lindsey improvements, north of the site, would be required to be completed as part of phase 1. The Clodfelter improvements would be done with phase 4. If, however, the City secures a grant to improve Clodfelter before phase 4 development the half street improvements would have to be done at that time. Testimony of Mr. Deskins 14. With the generated trafhc exceeding at least 4100 vehicular trips the City's trafFrc engineer determined that street improvements are needed to handle the additional traffic. To meet these needs the City has set a contribution of up to 5275,710 for the Findings, Conclusions and Decision Hearing Examiner for Cìty of Kennewick Rose PDP I l-01/PLN-2O11-00270 Page 4 ---PAGE BREAK--- proportional share of impacts to the future Clearwater/Leslie roundabout and the 5- Corners roundabout. Fees would be collected as the project is built out based on a percentage of the number of units built in each phase. Depending on the timing of the intersection improvements and the timing of the building permit application(s) the fees might not amount to the projected figure. Testimony of Mr. Romine: Exhibit l, p9. 3. 15. The internal streets would be developed to City standards. Testimony of Mr. Romine. As part of the external City standard half street improvements, the Applicant would be required to extend water and sewer which currently stops at the west end of the property on Leslie. Exhibit l, pg. 3 16. With the increase of housing units there would be a higher demand and use of recreational facilities throughout the City. Based on the City's "Park Fee Determination Process" form (used to determine park fees by calculating land values and density of living units) the development of 642 dwelling units would necessitate payment of $230,603.00 to mitigate impacts on park zone 7W-Five Corners of the City of Kennewick. Park fees would be collected based on a percent of units in a parlicular phase of work for which a building permit is applied. Exhibit l, pg. 3 17. Multi-Family housing is a permitted use within an RM zone district. The City estimated that rental housing in the Tri-Cities area has an approximate 97Yo occupancy rate. V/ith the additional642 units of rental units that would be available with the instant project there would be an increase in the variety of housing types and densities to help meet the diverse needs of the community. Exhibit l, pg. 5 18. Much of the available housing in Kennewick has been developed as single-family housing built on large lots. Because of this trend the overall density of the City is less than 3 units per acre. The proposed project would create a development with higher density as an alternative to meeting the personal and economic needs of the residents of Kennewick. Testimony of Mt Ramone; Exhibit I, pg. 5 19. Arepresentative of the Kennewick School District submitted an email to the City on February 17,2011 indicating that the representative had spoken with one of the Applicant's representatives and the school district had no concerns about the project. Exhibit I, pg. 5 There \À/as no testimony or evidence presented by the School District. 20. As depicted on the slope analysis map of the site, there are areas that exceed 20 degree slopes that quali$ as critical areas. Exhibit A-9. Preservation ofthese areas is required and development activities are restricted. Because a significantareaofthe site is so classifted, and development is limited, the Applicant requested deviation of the height restrictions to extend the height restriction from 30 feet to 35 feet. With this increase the Applicant can put an aesthetically more attractive 4::12 roof pitch; can reduce the size of building envelopes; and can create more open space with landscaping and design and incorporate the critical areas into the development. Testimony of Mr. Ramone Findings, Conclusions and Decision Hearing Examiner for City of Kennewick Rose PDP 1 l-01/PLN-201 l-00270 Page 5 ---PAGE BREAK--- 2L The Applicants representative testified that the company uses higher quality building materials that result in high quality appearances. With the density and height limitations resulting due to the amount of critical areas on site the Applicant requested the deviation of the density standard. Testimony of Mr. Mott. Tlte City did not object to the request and no public testimony was presented in opposition, An email was received indicating opposition. Exhibit A-10 T\e residential density of PDP does not exceed the combined averages of the Comprehensive Plan designation of Medium Density Residential. and the RM zoning district CONCLUSIONS Jurisdiction: The Hearing Examiner is granted jurisdiction to hear and decide preliminary plat applications pwsuant to KMC 4.02.080 (I)(il ü. The Hearing Examiner is granted jurisdiction to hear and decide planned development permits applications pursuant to KMC 4.02.080 (1b) iv and KMC 18.45.060. KMC 18.45.060 Action - Hearing Examiner.' The Hearing Examiner will approve, conditionally approve, or deny an application after a public hearing. KMC 18.45.040: (applicable criteria are listed) 1. A Planned Development Permit may be approved only when the following findings are made: The planned development generally conforms to the Comprehensive Plan and zontng district for use, density, open space, circulation, public facilities, and the standards of development set forth therein; The planned development generally conforms to the zoting district uses; The planned development forms an integrated whole of sufhcient unity to justiff exceptions to the normal regulations of the Kennewick Municipal Code; and The residential development will produce a desirable and stable residential envíronment in harmony with the surrounding property; or KMC 18.45.020:Deviation from Development Standards: (applicable criteria are listed) Planned developments must be forty (40) acres or more for a combination of uses. The City may approve deviations from certain standards of this Code if the proposal better accommodates the physical conditions of the property and represents an equal or superior product than ifapplicable sections ofthe Code were strictly followed, but there may be no deviation from the street Findings, Conclusions and Decision Hearing Examiner for City of Kennewick Rose PDP I l-01/PLN-2011-00270 Page 6 ---PAGE BREAK--- standards contained in KMC Titles 5 and 17.The City may reduce required walkways if adequate, safe, pedestrian routes are otherwise established. The residential density of a planned development may not exceed The combined averages of the Comprehensive Plan and the zoning district in which it is located. An increase in the allowable residential density of not more than ten percent (10%) of the combined averages of the Comprehensive Plan and district may be permitted if the general health, safety, welfare and morals of the public will not be detrimentally affected, and the resulting development will be as good as or better than that resulting from the lot-by lot development permitted by the Comprehensive Plan and City ordinances. The development must include adequate provisions for streets, parks, schools, and utilities. Conclusions Based on Findinqs: 1. The Applicant requested approval of a PDP for development of a 642rtilt apartment complex on a 45 .7 4 acre site at the southwest corner of W. Leslie Road and S. Clodfelter Road intersection in Kerurewick Washington. As part of the approval the Applicant requested deviations from specific development standards as set forth in KMC 18.45. The requested deviations are for an increase in density from l3 units per acre to 14.3 units per acre and a height increase from 3O-feet to Finding of Fact No. l 2. The proposed PDP generally conforms to the Comprehensive Plan designation of Medium Densþ and the RM allowed uses- Finding of Fact No. 2. Italso confonns to development standards of open space- Findings of Fact No 4;traffic circulation- Finding of Fact Nos. 12, 13 and l4; public services Finding of Fact No. I I and the standards of development- Finding of Fact Nos. 9, I0 and 15. 3. The PDP would be developed with allowed uses in the RM zone. Finding of Fact No. 3 4. The PDP would be an integrated whole of sufFrcient unity. In order to achieve the desired unity a few exceptions to development regulations (density and height) of the Kennewick Municipal Code are needed. Finding of Facts Nos. 5, 18, 20 and 21. 5 The PDP \Mill produce a desirable and stable residential environment in harmony with the surrounding property. Finding of Facts Nos. 5-21. 6 The PDP, which will exceed 40 acres, is proposed to be developed with a slight density increase and height restrictions that do not exceed 35 feet. V/ith these development standard exceptions the Applicant can preserve all critical areas by taking advantage of reduced buílding pads and higher buildings. This type of design allows for needed multi-family housing to be constructed in a quality manner on a somewhat diffrcult site. The use of the exceptions results in an equal Findings, Conclusions and Decision Hearing Examiner for Cþ of Kennewick RosePDP 11-01/PLN-2011-00270 PageT ---PAGE BREAK--- l or superior product than if applicable sections of the Code were strictly followed. Finding of Facts Nos. 18, 20 qnd 21. 7 The residential density of the proposed PDP does not exceed the combined averages of the Comprehensive Plan designation of Medium Density Residential. and the RM zoning district. Finding of Fact No. 21. 8. The proposed PDP would include adequate provisions for streets--F'inding of Fact Nos. 12, 13, l4 and l5; parks- Finding of Fact No. I6; schools-Finding of Fact No. 19; andutilities- Finding of Facts Nos. 9, l0 and 15. DECISION Based on the above Findings of Fact and Conclusions and the record developed at the open record public hearing on this matter, it is hereby ORDERED THAT: A Planned Residential Development for construction of a 642 wtit apartment complex that would be located on a 45.74 acre site at the southwest comer of W. Leslie Road and S. Clodfelter Road intersection in Kennewick, 'Washington is approved. As part of the approval deviations from specific development standards as set forth in KMC 18.45 are permitted. The permitted deviations are for an increase in density from 13 units per acre to 14.3 units per acre and a height increase from 30-feet to 35-feet. The Plarured Residential Development approval is subject to the listed conditions In addition to all of the listed conditions herein the Applicant and/or its successors must comply with all State of Washington and City of Kennewick regulatory controls, policies and codes. Prior to any building permit being issued by the City, the Applicant andlor its successors must submit a Site Plan Application for approval with more detailed information. This information is required so the City can confirm compliance with KMC Chapter 18 and the Multi-Family Residential Design Standards. Additional information shall include, but not limited to, the City's Critical Area Ordinance, landscape details, lighting details, grading/retaining walls, accessory building elevations, and pedestrian connections to the street and future bus stops. The Applicant and./or its successors shall provide right-of-way and construct half street improvements along Leslie Road (Ridgeline Drive), and Clodfelter Road using a three lane cross-sectionto collectotlartenal standards. The cross section shall include street, curb, gutter, street lighting, planter, and minimum of a 5 foot sidewalk. Using City of Kennewick Standard Drawing 2-4,Sheet2 of 2,the face of curb shall be 24 feetf¡om the roadway centerline, while the right-of-way shall be 26 feet from the centerline. A 15 foot minimum sidewalk and utility easement will be required. Transition from the existing 38 foot curb-to-curb section to the new 48 foot wide section shall occur over 135 feet. The Findings, Conclusions and Decision Hearing Examiner for City of Kennewick Rose PDP I l-01/PLN-201l-00270 2. aJ. Page I ---PAGE BREAK--- existing right-of-way and easement lines should be modified to match these requirements. 4. The Applicant and/or its successors shall provide right-of-way for future roundabout or signal at Leslie (Ridgeline Drive) & Clodfelter. If it appears that the right-of-way provided on the comer is suffrcient after the changes required above are taken into account the City may modiff this requirement. The City Engineer will have discretion to modiff based on an initial design layout to be completed by City staff. 5. The Applicant and/or its successors shall be responsible for all signing and markings on Leslie Road (Ridgeline Drive) and Clodfelter that are necessary for the identification of the PDP. 6. The Leslie access point shall be designed and constructed with an 11 foot right-turn deceleration lane consisting of 100 feet of fulI.r ¿idth storage and 100 feet of taper. Widening will also be required as necessary (approximately 6' on the north side) to provide for left-turns into the proposed access points. The taper rate on approach and deparlure shall be at20:1. 7. The Clodfelter access point shall be designed and constructed with an 11 foot right-turn deceleration lane consisting of 150 feet of full width storage/deceleration and 100 feet of taper. 8. As payment of the Applicant's and/or its successor's proportionate share a payment contribution of two hundred seventy five thousand seven hundred and ten dollars (5275,710.00) shall be paid for the cost of adding roundabouts at the intersections of Leslie Road and Clearwater Avenue. the 5-Corners intersection of Hildebrand/Steptoe/Clodfelter/10ú, and Leslie Road at Clodfelter Road. These contributions are required to mitigate the project's traffic impacts at these intersections. The contribution may be paid by phases. The full amount may not be required depending on the timing of construction versus the timing of improvements. This can be accomplished with either an escro\il agreement or irrevocable f,rve-year letter of credit approved by the City. The standard escrow form may be obtained through the Public Works Administrative Office. 9. In lieu of dedication of park land for recreational purposes, and based on the City's "Park Fee Determination Process" calculation, the Applicant and/or its successors shall pay park fees ín the amount of two hundred thirty thousand six hundred and three dollars ($230'603.00) for impacts to City of Kennewick Park Planning ZoneTW (Five Corners). The amount can be paid in phases based on a percentage of dwelling units being developed in each phase. 10. The Applicant and/or its successors shall provide a Storm Drainage System Comprehensive plan. The Comprehensive Storm plan must be approved by the City for the entire site prior to approval of any Phase 1 construction plans. Findings, Conclusions and Decision Hearing Examiner for City of Kennewick Rose PDP I1-01/PLN-20I l-00270 Page 9 ---PAGE BREAK--- I 1. The Applicant and/or its successors shall provide a 'Water System Comprehensive plan. The Comprehensive Water plan must be approved by the City for the entire project prior to approval of any Phase 1 construction plans. The Applicant and/or its successors shall provide fire flow calculations with a fire hydrant at the higher elevation. 12. T\e Applicant and/or its successors shall provide a Sanitary Sewer Comprehensive plan. The Comprehensive Sewer plan must be approved by the City prior to approval of any Phase 1 construction plans. 13. The Applicarrt and/or its successors shall provide a separate irrigation system for the PDP. The Applicant and"/or its successors are put on notice that cþ potable water cannot be used for irrigation. 14. Water line easements are required outside the City right of way. The easements shall be in a 1O-foot wide water line easement centered over the water lines and extending 5-feet beyond the fire hydrants. Dedication of the easement is required and a copy of the recorded dedication must be submitted to the Cþ prior to acceptance of the Utility Permit. 15. A Building Permit is required prior to coÍrmencement of any construction. 16. A Utility Permit is required prior to coÍtmencement of any construction of street and utility work. 17. The Applicant and/or its successors shall comply and satisff all requirements and conditions of the SEPA determination of an MDNS.