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Staff Report COZ 15-14 1 STAFF REPORT COZ 15-14 Community Planning Steve Donovan City of Kennewick Planner To: Planning Commission Date: February 1, 2016 PROPOSAL: Rezone 7.66 acres currently zoned Residential, Suburban (RS) to Residential, Low Density (RL) OWNER(S): Steven R. and Kristi A. Smith, 2828 S Olympia Street Kennewick, WA 99337 APPLICANT: Same as Above Site Information • Size: 7.66 acres • Location: 2828 S Olympia Street • Topography: Relatively flat, 2-3% • Existing Comprehensive Plan Designation: Low Density Residential • Existing Land Use: Single Family Residence 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 15-14 2 Application Process • Application Submitted November 25, 2015 • Application routed for comments December 1. 2015 • Property posting notification sign was posted on site on January 13, 2016 • Determination of Non-Significance issued on January 13, 2016 • Notice of Hearing mailed January 12, 2016 • Notice of Hearing published January 17, 2016 Surrounding Comprehensive Plan, Zoning and Land Uses North Comprehensive Plan – Low Density Residential Zoning – Residential, Suburban (RS) Existing Land Uses – Single Family Residential South Comprehensive Plan – Low Density Residential Zoning – Residential, Suburban (RS) and Residential, Low Density (RL) Existing Land Uses – Single Family Residential East Comprehensive Plan – Low Density Residential Zoning – Residential, Suburban (RS) and Residential, Low Density (RL) Existing Land Uses – Single Family Residential West Comprehensive Plan – Low Density Residential Zoning – Residential, Low Density (RL) Existing Land Uses – Single Family Residential Regulatory Controls • City of Kennewick Comprehensive Plan • Kennewick Municipal Code Title 4 • Kennewick Municipal Code Title 18 Description of Request Change of Zone 15-14 is a request to rezone approximately 7.66 acres from Residential, Suburban (RS) to Residential, Low Density (RL). Background This property was annexed into the City in February 1999 via Ordinance 3848 and at that time it was zoned Residential, Suburban (RS). The property has a single family residence and shop on-site, the remainder of the property is undeveloped. Analysis The proposed change from RS to RL is consistent with the Comprehensive Plan and will implement the Low Density Residential land use designation on the property. It is also consistent with the surrounding adjacent lots, in all directions, that are zoned RL. The type of development that could occur here would be consistent with what has already been developed on adjacent properties, which are smaller lot single-family residences. There are two main differences between the existing RS zoning and the proposed RL zoning. All other requirements of the Kennewick Municipal Code will remain the same. The two differences are: ---PAGE BREAK--- Staff Report COZ 15-14 3 1. All lots in the RL zone must be at least 7,500 square feet in area. The RS zone requires at least 10,500 square feet in area. 2. Farm animals are not permitted in the RL zone, but are permitted in the RS zone if the lot is at least 30,000 square feet in area. Future development consistent with the proposed rezone will be in accord with City standards regarding concurrency, the Kennewick Municipal Code, including the Residential Design Standards and Critical Areas Ordinance, and the State Environmental Policy Act (SEPA). It is staff’s opinion that the proposed Change of Zone will allow for permitted uses that will implement the above goal and policy. The following Kennewick Municipal Code (KMC) Section establishes the purpose of the Public Facility zoning district: KMC 18.03.040(2) 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. The RL zoning district mainly allows for residential uses such as single family residences, churches and nursing homes (up to 10 residents). 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 RL zoning district is an implementing zoning district of the Low Density Residential 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 establishing a zoning district that is compatible with surrounding properties. 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. Adequate Infrastructure improvements that can serve the site were made to Olympia Street in 2014. 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 establish a zoning district that is in compliance with Comprehensive Plan because the RL zone is an implementing zone of the Low Density Residential land use designation. 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: The proposed Change of Zone site is adjacent to properties that are currently in the RL zoning district. ---PAGE BREAK--- Staff Report COZ 15-14 4 Findings 1. The property owners and applicants are Steven R. and Kristi A. Smith, 2828 S. Olympia Street, Kennewick, WA 99337. 2. The request is to change 7.66 acres from Residential, Suburban (RS) to Residential, Low (RL). 3. The application was submitted on November 25, 2015 and was routed for review to various City Departments and other local, state and federal agencies for comment on December 1, 2015. 4. A Determination of Non-Significance issued on January 13, 2016. 5. The public hearing notice was posted on-site January 13, 2016, stating that the public hearing will be held on February 1, 2016 at 6:30 p.m. in the Council Chambers at Kennewick City Hall. 6. Notice of the public hearing for this application was mailed to property owners within 300 feet of the site on January 12, 2016. Notices were also published in the Tri-City Herald on January 17, 2016. 7. Water utilities are located adjacent to the property in S Olympia Street. 8. Access to the site is provided via S Olympia Street. 9. The proposed Change of Zone site is adjacent to Residential, Low Density and Residential, Suburban zoning districts. 10. The site was annexed by the City of Kennewick in 1999. Conclusions 1. Approval will implement the Comprehensive Plan Land Use Designation of Low Density Residential. 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 RL zone in KMC 18.03.040(2). 4. The proposed Change of Zone is in compliance with KMC 18.51.070. 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 15-14 and recommend approval to City Council. Motion I move that the Planning Commission concur with the findings and conclusions in staff report COZ 15-14 and recommend to City Council approval of the request. ---PAGE BREAK--- Exhibit A-1 ---PAGE BREAK--- Exhibit A-2 ---PAGE BREAK--- Exhibit A-3 ---PAGE BREAK--- Exhibit A-4 ---PAGE BREAK--- Exhibit A-4 ---PAGE BREAK--- Exhibit A-4 ---PAGE BREAK--- Exhibit A-4 ---PAGE BREAK--- Exhibit A-4 ---PAGE BREAK--- Exhibit A-4 ---PAGE BREAK--- CITY OF KENNEWICK DETERMINATION OF NON-SIGNIFICANCE FILE/PROJECT NUMBER: PLN-2015-03829/ED 15-63 DESCRIPTION OF PROPOSAL: The request is to change the zoning district for 7.66 acres from Residential, Suburban, (RS) to Residential, Low, (RL). The property has a comprehensive plan land use designation of Low Density Residential. PROPONENT: Steven R. and Kristi A. Smith, 2828 S. Olympia Street, Kennewick, WA 99337 LOCATION OF PROPOSAL, INCLUDING STREET ADDRESS, IF ANY: 2828 S. Olympia LEAD AGENCY: City of Kennewick DETERMINATION: The City of Kennewick has determined that this proposal does not have a probable significant adverse impact o 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. _ X _ There is no comment period for this DNS. This DNS is issued after using the optional DNS process in WAC 197-11-355. There is no further comment period on the DNS. This DNS is issued under 197-11-340(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) 585-4463 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: X_ No conditions. See attached condition(s). Date: January 13, 2016___ 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 mailed to: Dept. of Ecology WA Dept of Fish & Wildlife WSDOT Yakima Nation CTUIR ED 15-63/COZ 15-14 Exhibit A-5