Document Kennewick_doc_60b652bd3c

Findings, Conclusions, and Decision Kennewick Hearing Examiner Citadel Estates PDP 10-01/PP 10-02 page 1 of 18 BEFORE THE HEARING EXAMINER FOR THE CITY OF KENNEWICK In the Matter of the Application of ) PDP 10-01/PP 10-02 ) ) Jose and Tammy Steele-Chavallo ) Citadel Estates ) ) FINDINGS, CONCLUSIONS For Preliminary Plat and ) AND DECISION Planned Development ) SUMMARY OF DECISION The requested applications for planned development permit (PDP 10-01) and preliminary plat (PP 10-02) to subdivide 50.27 acres located at 6100 W. 25th Avenue in Kennewick, Washington into 38 single-family lots are APPROVED subject to conditions. SUMMARY OF RECORD Request Jose and Tammy Steele-Chavallo (Applicants) request approval of preliminary plat and planned development permits to allow the subdivision of 50.27 acres into 38 lots for single-family residential development. The site has a Residential Suburban (RS) zoning designation. The subject property is located at approximately 6100 W. 25th Avenue in Kennewick, Washington. The planned development permit (PDP) was requested to allow five deviations from specific development standards as set forth in KMC 18.45. The requested deviations are: exemption from the requirement for new lots to front at least 30 feet of public right-of-way; a reduction in the diameter of proposed turnarounds from 53 feet to 40 feet; permission to slope the streets uphill to downhill rather than use crowned streets for stormwater management; to place the sidewalks adjacent to the curb rather than behind a planter strip, due to steep slopes; and a reduction in the minimum density to 0.76 units per acre. Hearing Date On April 11, 2011, the City of Kennewick Hearing Examiner conducted an open record public hearing on the request. At hearing, items not then available were identified. Pursuant to the April 13, 2011 Post-Hearing Order, the record was held open for the specific items identified in the Order through May 9, 2011. 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 Jose Chavallo, Applicant ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Citadel Estates PDP 10-01/PP 10-02 page 2 of 18 Paul Christiansen, CE, Applicant' s Engineer (design) Michael Black, PE, Columbia Engineers and Constructors, LLC (Applicants' soils engineer) Jim Foster Don Barnes Chris Barnes Lynne Freeman Rick Russum Judy Wentz Cody Freeman Larry Costich, Attorney, represented the Applicant. Exhibits Exhibit 1 Kennewick Community Planning Department Staff Report to the Hearing Examiner, with the following attachments: A 2 Applications: PDP 10-01, dated October 15, 2010, and PP 10-02, dated October 15, 2010 A 3 Notice of Application with mailing list A 4 Vicinity Map A 5 Preliminary Plat Drawing (11 x 17 reduced copy) A 6 Deviation Request Narrative A 7 Critical Areas Report A 8 SEPA Determination A 9 City Department and outside agency review comments A 10 Dave Randall comments, dated March 30, 2011 Exhibit 2 Staff's PowerPoint presentation slides Exhibit 3 Public Comments as follows: 3.1 Lynne Freeman, April 11, 2011 3.2 Clint Whitney, April 11, 2011 3.3 John LaFemina, April 11, 2011 3.4 Chris Barnes, April 11, 2011 3.5 Reginald Unterseher, April 11, 2011 3.6 Schlomo Orr, April 11, 2011 3.7 Sheila Dunlop, April 11, 2011 ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Citadel Estates PDP 10-01/PP 10-02 page 3 of 18 3.8 Ken Erickson, April 11, 2011 Exhibit 4 Correspondence from Paul Christiansen, Chief Civil Engineer, dated April 11, 2011 Exhibit 5 KMC 18.62.090; KMC 18.58.120 Exhibit 6 Email between Mike Black and Kennewick Irrigation District/US Bureau of Reclamation Exhibit 7 Graphic depicting topographical variation on-site prepared by Applicant, submitted by Chris Barnes Exhibit 8 Graphics submitted by the Applicant with Panoramic Heights #4 proposal, submitted by Chris Barnes Exhibit 9 Draft Covenants, Conditions and Restrictions (CC&Rs) for Citadel Estates, prepared by the Applicant Exhibit 10 Full size Plat Map Exhibit 11 Citadel Estates Storm Draining Management Plan, undated, prepared for the Applicant by Oasis Development Corporation Exhibit 12 Citadel Estates Conceptual Retaining Wall Design Narrative, undated, prepared for the Applicant by Oasis Development Corporation Exhibit 13 City comments in response Post-Hearing Order, as follows: a. Memorandum from Wes Romine, dated May 2, 2011 b. Recommended rewording for conditions 8 and 26, dated May 2, 2011 c. Comments from Steve Plummer, Kennewick Engineering Services Manager, dated May 2, 2011 d. Email from Doug Carl, Kennewick School District, last date April 20, 2011 e. Email comment from Wes Romine re: safe walking routes, dated May 2, 2011 Exhibit 14 Applicant submittal in response to Post-Hearing Order, dated April 25, 2011 Exhibit 15 Applicant's final comments in response to City's post-hearing submittal, dated May 9, 2011 An April 13, 2011Post-Hearing Order is also included in the record of this matter.1 1 Exhibits 11, 12, 13, 14, and 15 were all timely submitted in response to the April 13, 2011 Post-Hearing Order and are admitted. ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Citadel Estates PDP 10-01/PP 10-02 page 4 of 18 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. The Applicants request approval of preliminary plat and planned development permits to allow the subdivision of 50.27 acres into 38 lots for single-family residential development. The subject property is west of the Panoramic Heights neighborhood on Thompson Hill, presently addressed as 6100 W. 25th Avenue in Kennewick, Washington. The project site contains grades from zero to in excess of forty percent.2 Exhibit 1, pages 1, 3; Exhibit 1, Attachment 2, Application; Exhibit 10. 2. The subject parcel was annexed into the City in 1974 with an existing Residential Suburban (RS) zoning designation. The City of Kennewick adopted the Southridge Sub- Area plan in April 2005, changing the Comprehensive Plan land use designation at the top of the hill from Low Density Residential to Open Space. (The lower portion of the parcel retained its Low Density Residential land use designation.) The entire site has retained the RS zoning designation, which is inconsistent with the Comprehensive Plan land use designation of Open Space for the top of the hill. Exhibit 1, pages 1, 4. 3. Previous proposals for development of the site have been reviewed by the City. In August 2005, the City Council approved a previous property owner's application for a project known as Panoramic Heights allowing 45 single family lots on the subject parcel. However, prior to final plat the Applicants purchased the site and Panoramic Heights #4 was not developed. In December 2008, the Applicants submitted a proposal to develop 27 lots on-site. The Kennewick Planning Commission conducted a pre- decision meeting on October 19, 2009, after which they recommended approval to the City Council. At a public hearing on November 17, 2009, the City Council continued the plat hearing to the next meeting. The Applicants withdrew the application for the 27-lot development before Council made a decision. Exhibit 1, page 4. 4. The instant plat and PDP applications were submitted on October 15, 2010 and determined to be complete on November 19, 2010. Exhibit 1, page 2; Exhibit 1, Attachment 2. 5. Surrounding properties are primarily residentially zoned. To the north, Residential - Suburban (RS) zoned parcels are developed with single-family uses. Parcels to the south and east of the site are zoned Residential - Low Density (RL); to the east, properties are developed with single-family uses, while land to the south is undeveloped. West of the site, parcels are zoned RL and Agriculture (A-40). Most land to the west is undeveloped open space, but there is a bed and breakfast at the top of Thompson Hill. Exhibit 1, page 2; Exhibit 1, Attachment 4. 2 The subject property is a portion of Section 8, Township 8 North, Range 29 East, W.M. Benton County Washington. The site is known as Parent Tax Parcel 1-0889-401-1681-005. Exhibit 10, Site Plan. ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Citadel Estates PDP 10-01/PP 10-02 page 5 of 18 6. The subject property is situated on the southeast base of Thompson Hill, containing north sloping terrain. Site vegetation consists of desert shrub species. The north end of the site contains cut and fill associated with construction of existing off-site residences to the east and construction of the Kennewick Irrigation District canal, which runs at the base of Thompson Hill below the site. Topographically, the lower portion of the site is hilly, with slopes ranging from zero to 20% in grade. The upper portion of the site has slopes up to and in excess of 40% in grade. Exhibit 1, page 1; Exhibit 10; Exhibit 1, Attachment 7. 7. The proposed preliminary plat would divide the 50.27-acre site into 36 single-family residential lots (Lots 1-36) on the lower portion of the hill, one 6.1 acre-lot in the middle of the hill (Lot 37), and a 20.1-acre lot at the top of the site slope (Lot 38). Construction is proposed in two phases: the first phase consisting of approximately half the lots closest to existing development, and the second phase completing the remaining lots to the west. A new internal looped private street is proposed to access each lot, connecting to public streets by gated entries at the current termini of West 25th and 26th Avenues. Temporary turnarounds are proposed at the deadends resulting during phased construction. The Applicants envision a high-end residential development intended to help the city attract talented individuals for economic growth. If approved, Citadel Estates would be the first gated community in Kennewick. Exhibit 1, page 3; Romine Testimony; Exhibit 10; Chavallo Testimony. 8. The purpose of the RS 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 a semi-rural setting. Kennewick Municipal Code KMC 18.03.040. Uses allowed in the zone include single-family residential development, typical residential accessory structures, home occupations, animal keeping, and other typically residential uses (including daycare and nursing home facilities subject to certain types of review). KMC 18.12.010.A.1. 9. The RS zone requires a minimum lot size of 10,500 square feet and a density of three units per acre. RS lots must be at least 60 feet wide and buildings are not allowed to be taller than 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, pages 3-4; KMC 18.12.010.A.2. Compliance with bulk dimensional development standards, including setbacks and building heights, would be reviewed at the time of building permit. Romine Testimony. 10. Through the planned development permit (PDP) process, the Applicants requested five deviations from applicable development standards. Pursuant to KMC 18.45.010, the purpose of the City's PDP provisions is "to provide a set of flexible standards for the development of property. Planned developments provide the opportunity for flexible design concepts warranting deviation from normal development standards." KMC 18.45.010. Such flexibility in design is appropriate where "the proposal better accommodates the physical conditions of the property and represents an equal or superior ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Citadel Estates PDP 10-01/PP 10-02 page 6 of 18 product than if applicable sections of the Code were strictly followed." KMC 18.45.020(2). 11. Pursuant to KMC 17.20.010.4.e, all residential lots must abut a dedicated street for at least thirty feet. The Applicants propose private streets to serve the gated community and request approval of a deviation from this provision so the proposed lots are not required to abut dedicated public rights-of-way. Exhibit 1, page 3; Exhibit 1, Attachment 6. 12. The gated entries to the proposed plat would leave dead end public streets at the plat's connection to West 25th and 26th Avenues. Per the City’s road standards (Residential Street detail 2-1 sheet 3 of emergency vehicles require a standard turnaround diameter of 53 feet. The Applicants request the dead end turnaround diameter widths be reduced to 40 feet. Exhibit 1, page 3; Exhibit 1, Attachment 6. 13. Per the City’s road standards (Residential/Neighborhood street detail 2-1, sheet 2 of streets must be crowned in the center with a 2% slope to each side of the street. The Applicants request a deviation from this requirement, proposing instead that the streets slope 2% from the uphill side to the downhill side, which would allow for collection and conveyance of stormwater runoff and minimize grading. Exhibit 1, page 3; Exhibit 1, Attachment 6. 14. Per the City’s road standards (Residential/Neighborhood street detail 2-1, sheet 2 of sidewalks must be setback five-feet from the inside face of curb (the street) by a planter strip. The Applicants request a deviation to place the sidewalks adjacent to the curb, which would minimize required grading and reduce vehicle access problems (bottoming out) at driveways. Exhibit 1, page 3; Exhibit 1, Attachment 6. 15. The Applicants request approval of a density of 0.76 units per acre, less than the three per acre minimum required per KMC 18.12.010.A.2. Exhibit 1, page 3; Exhibit 1, Attachment 2; Exhibit 10. 16. The City of Kennewick regulates development on slopes through its critical areas ordinance (CAO). The CAO's geologically hazardous areas provisions seek to prevent erosion and to protect slope stability; they do not prohibit development on slopes except for those greater than 40 percent in grade. Pursuant to the CAO, a critical area report and geotechnical investigation were required for the instant proposal. Exhibit 2, page 4; KMC 18.58.140. 17. The subject property is not located in a critical aquifer recharge or frequently flooded areas, and it contains no wetlands or fish/wildlife habitat areas of significance. The professionally prepared critical areas report focused on geotechnical site evaluation. Boreholes were drilled to evaluate soil and bedrock structures underlying the site. Data from four piezometers from previous studies of the area were also included. No evidence of groundwater or seasonal surface water was found in any of the five boreholes. The report concluded that site slopes met the CAO's definitions of erosion, landslide, and seismic hazard areas and that stormwater management would be crucial for any ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Citadel Estates PDP 10-01/PP 10-02 page 7 of 18 development, stating: "The most important feature to ensuring stability of the slopes and retaining walls, with the consequent stability of the homes, is positive control of irrigation. Insofar as practicable, xeriscape landscaping should be used. Drip irrigation poses less risk than pressurized irrigation. Each property should install a sprinkler controller that can be programmed for weather conditions, slopes, and soil type." Exhibit 1, Attachment 7, page 9 of 48. The geotechnical report recommended (paraphrased): • Retaining wall design must consider global stability; • Each lot should provide a site grading and drainage plan, stamped by a registered professional engineer; • Swimming pools and water features should be approved by a registered engineer on a per-lot basis; • Irrigation needs to be controlled and minimized; • Construction should comply with the requirements of a DOE Stormwater Pollution Prevention Plan permit; • Plat construction drawings should be reviewed and approved by a geotechnical engineer. With these recommendations, the report concluded that the site can be safely developed as proposed. Exhibit 1, Attachment 7, pages 8-9 of 48; Black Testimony. 18. Slopes greater than 40 percent are considered extreme slope hazard areas by the CAO. Extreme slope hazard areas are by definition unbuildable without approval of a reasonable use exception. KMC 18.58.010.27; KMC 18.62.090.2; KMS 18.58.120. Portions of Lots 37 and 38 with slopes of 40 percent and greater are unbuildable without further review. Romine Testimony; Exhibit 1, Attachment 7. 19. In response to concerns about the stability of the slope and the use of retaining walls in the plat, the Applicants submitted a retaining wall conceptual design for the record. As stated in that document (excerpted): Retaining walls are either used as part of the support walls of the structure, such as basement walls, or as independent walls that support the earth. The developer of Citadel Estates is encouraging the use of both types of … walls by proposing construction of daylight basement homes and independent walls for stabilized yard areas. A conceptual grading plan has been developed for the Citadel Estates Planned Development. This conceptual plan has been used by the geotechnical engineer, the civil engineer, and the developer for developing preliminary plans. The geotechnical engineer has used this plan to review land stability issues and suggest grading options pertaining to wall placements. The civil engineer used this plan to determine road grades, lot layouts, and utility placement issues. The developer used this plan for lot layout and determining grading and construction costs. ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Citadel Estates PDP 10-01/PP 10-02 page 8 of 18 The conceptual grading plan for Citadel Estates includes three contiguous walls that run perpendicular to the slope of the hillside. These walls have been placed strategically to establish terraced grading and incorporate the construction of the underground drainage piping system. The approximate locations of these walls are [depicted on an attached map] with estimated wall heights. The wall heights are only estimates and may vary up or down depending on the final grading plan for each lot. The individual grading plan for each lot will depend on the design of the building, landscape features, lot terracing, and yard slopes. [Portions of the project's walls would] be built initially by the developer in the construction of the development. This would include establishment of the wall location, integrated base footing, and installation of the underground drainage system. The developer will construct a large portion of the walls to establish hillside terracing and basic grading of the development. The final wall elevations will be established in conjunction with the placement and grading of the individual homes. Exhibit 12. 20. Private streets are allowed if constructed to City of Kennewick Road Standards, per KMC 18.45.020.2. Maximum grades allowed on private streets are 12 percent, pursuant to KMC 18.45.020.2 and KMC 5.56.275.1. Exhibit 1, Attachment 9. 21. According to the City's traffic engineer, based on the Institute of Transportation Engineers (ITE) trip generation manual, the project is anticipated to generate 364 new daily vehicle trips and 38 PM peak hour trips. This level of increased traffic to the vicinity meets concurrency for transportation and would not significantly impact area intersection delay. However, due to the long tangent street sections (greater than 1,000 feet) between the lots developed and the closest collector/arterial access point, the Applicants are required to build or to contribute funds for the construction of off-site traffic calming measures (speed humps and/or a traffic circle). The traffic calming measures would be installed in the existing Panoramic Heights neighborhood, and the type and placement of the features would be directed by the Panoramic Heights homeowners' association (HOA), per City code. Exhibit 1, Attachment 9, page 4 of 9; Deskins Testimony. 22. Stormwater runoff from the site's new impervious surfaces must be controlled per City of Kennewick standards. Due to the site's erosion and landslide hazard designation, the Applicants propose to convey stormwater to an off-site facility. After preliminary plat and prior to construction plan submittal, the Applicants would be required to submit a comprehensive stormwater management plan including detailed engineering plans. The comprehensive storm plan would need to include evidence of approval of the off-site owners for acceptance of the plat's runoff. Exhibit 1, Attachment 9; Romine Testimony; Christiansen Testimony. ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Citadel Estates PDP 10-01/PP 10-02 page 9 of 18 23. In order to address slope stability concerns voiced at the public hearing, the Applicants submitted a conceptual stormwater management plan for the record. The conceptual plan would include roadway drainage collection, roof drainage collection, subsurface collection, and an off-site stormwater retention/infiltration pond. Per the conceptual plan, roadway drainage collection would be designed to capture the runoff of the 25-year 24- hour storm, consistent with City standards. Road runoff would be tightlined to roadside catch basins. Roof, driveway, deck, and patio runoff would connect to an individual underground collection system, each of which would discharge to the plat-wide roadway system. Subsurface drainage collection is proposed for the uphill side of each retaining wall that runs perpendicular to the slope. A system consisting of tight line pipe, perforated pipe, and curtain walls would intercept subsurface drainage from rainfall, irrigation, and other water sources, removing static build up behind retaining wall structures. Subsurface drainage would also discharge to the road system. The road drainage system would convey all runoff off-site to an infiltration pond at the foot of the slope. The receiving property currently under negotiation is north of the irrigation canal adjacent to Creekstone Drive. From the subject property, runoff would be tightlined along the south side of the canal and would cross under the canal near the Irving Street canal bridge before discharging to a landscaped surface pond with an underground infiltration gallery. Exhibit 11. 24. The Citadel Estates Homeowners' Association would maintain the off-site pond via a written agreement with the City of Kennewick. Engineering plans for the stormwater management system must be reviewed and approved by the City prior to construction permit issuance. Exhibit 11; Exhibit 1, Attachment 9. 25. Municipal water and sewer service is available to the project by extension of the existing utilities at the stub ends of West 25th and 26th Avenues. The utilities have capacity to serve the plat; however, water is currently not available above the 810 foot Zone 4 service elevation. Portions of Lots 1 through 9 and all of Lots 37 and 38 are above the 810 foot elevation. According to Public Works, an individual booster and pressure storage tanks would be required for all homes with a floor elevation of 810 feet or higher. If development is proposed on Lots 37 and 38, Department of Health approval would be required. In addition, individual pressure pumps may be required for homes on the north sides of the proposed access street in order for the residences to connect with the gravity sewer line. Utility easements must be provided within the project's private streets. The City's Public Works Department reviewed the proposal for compliance with applicable criteria and recommended approval with conditions. Exhibit 1, Attachment A-9; Romine Testimony; Christiansen Testimony. 26. The subject property is situated within the Kennewick Irrigation District (KID) boundaries. Title to the KID canal that runs at the foot of Thompson Hill is held by the United States Bureau of Reclamation (USBR). In 2009, KID granted a water allocation to the site but it did not allow for delivery of irrigation water to the property unless and until a proposed irrigation system is reviewed and concluded to satisfy KID and USBR specifications. On the grounds that inappropriate management of irrigation and ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Citadel Estates PDP 10-01/PP 10-02 page 10 of 18 stormwater on-site could result in a canal breach that could lead to loss of life and/or property, KID submitted comments indicating that the agency would withhold delivery of irrigation water to the site until geotechnical and stormwater management materials are reviewed and approved by USBR and the KID Board of Directors. KID provided comments to the Applicants clarifying what is needed to satisfy USBR and KID requirements for irrigation water delivery. The Applicants are in communication with the USBR and KID via their project geotechnical engineer. Exhibit 1, Attachment 9, pages 7- 11 of 14; Exhibit 6. 27. The plat's private streets and stormwater management system would be maintained by a homeowners' association. Draft covenants, conditions, and restrictions (CCRs) for the plat demonstrate the proposed language alerting purchasers and property owners of their obligations to maintain the streets and stormwater system to City standards. Christiansen Testimony; Exhibit 9. 28. The Draft CC&Rs contain a restriction governing irrigation of landscaping, which states: "Irrigation systems shall be designed to operate on timed, zoned patterns. Drip irrigation units shall be used where practice to reduce excessive watering of landscape areas. Soil enhancement materials shall be used below turf area to retain moisture within the plant root zones." The HOA's board of directors would have enforcement authority to enforce compliance with this and all other CC&Rs. Exhibit 9. 29. City of Kennewick Public Works and the Kennewick Fire Department submitted comments indicating approval of the requested deviations from City standards. Exhibit 1, Attachment 9, pages 3-6 of 14. 30. Per the City’s Fire Department, the two ends of public streets on West 25th and 26th Avenues are not required emergency vehicle turnarounds. Exhibit 1, page 3. 31. The project is required to mitigate impacts to Park Planning Zone 6W (Southridge) through the payment of park fees. Exhibit 1, pages 5, 9. 32. Citadel Heights would be served by Lincoln Elementary (1.5 miles away), Highlands Middle School (1.6 miles away), and Southridge High School (1.3 miles away). The Kennewick School District did not indicate that the plat would result in capacity deficiencies at any of the identified schools. The subject property is within the identified walk zone for the elementary and high schools. There is a school bus stop at West 25th Avenue and South Irving Street. Existing off-site sidewalks connect the Panoramic Heights neighborhood to all three schools. The plat's proposed sidewalks would connect to the existing sidewalks, creating complete safe walking routes to all three schools. Exhibits 13d, 13e, and 14. 33. Planning Staff requested conditions of approval relating to the draft CC&Rs submitted by the Applicants. According to Staff, CC&R Article VI, number 10 does not comply fully or clearly with City codes relating to RV storage. Per City code, RV storage must be screened by a six-foot fence, wall, or vegetative hedge, and cannot be located in the front ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Citadel Estates PDP 10-01/PP 10-02 page 11 of 18 yard setback. Staff also noted that not all requirements in the Applicants' critical areas mitigation plan were incorporated into the Draft CC&Rs. Recommended condition of approval number 10 would require the Applicants to modify the CC&Rs to fully mirror applicable City code provisions. Recommended condition number two would require the Applicant to incorporate all applicable mitigation measures from the critical areas study into the CC&Rs. Exhibit 13a. 34. 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. Critical Areas and Shoreline Goal 3: Regulate or mitigate activities in or adjacent to critical areas or the shoreline to avoid adverse environmental impacts. Residential Goal 4: Encourage residential development only in urban areas where services can be provided. 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. 35. 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 March 21, 2011. The MDNS requires mitigation of impacts on City parks and transportation facilities through the payment of impact fees. It 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 April 11, 2011; no appeals were filed. Exhibit 1, page 2; Exhibit 1, Attachment 8; Romine Testimony. 36. Notice of application was mailed to surrounding property owners on November 23, 2010 and notice of public hearing was mailed to surrounding property owners on March 24, 2011. Notice of public hearing was published on March 27, 2011. Notice was provided consistent with City requirements. Exhibit 1, page 2; Exhibit 1, Attachment 3. 37. Members of the public, most of whom are neighboring property owners in the Panoramic Heights neighborhood, submitted comments and concerns for the record. Areas of particular concern included: traffic increases; the failure to provide traffic connectivity to the west; potential impacts to slope stability; alteration of the slope through grading and use of retaining walls ("benching"); the number and height and appearance of retaining ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Citadel Estates PDP 10-01/PP 10-02 page 12 of 18 walls; the lack of detail offered regarding proposed retaining walls and stormwater management; the effects of stormwater runoff; concerns about commercial development the Applicants propose for the top of the hill; concerns that homeowners will not abide by the CC&Rs; and impacts on existing sewer capacity. Public comment suggested that an environmental impact statement should have been required and that potential seismic activity had not been adequately considered. Exhibit 1, Attachment 10, Dave Randall comments; Exhibit 3.1, Lynne Freeman comments; Exhibit 3.2, Clint Whitney comments; Exhibit 3.3, John LaFemina comments; Exhibit 3.4, Chris Barnes comments; Exhibit 3.5, Reginald Unterseher comments; Exhbit 3.6, Shlomo Orr comments; Exhibit 3.7, Shiela Dunlop comments; Exhibit 3.8 Ken Erickson comments; Foster Testimony; Don Barnes Testimony; Chris Barnes Testimony; Lynne Freeman Testimony; Wentz Testimony; Cody Freeman Testimony. 38. Also during the public comment period, a professional land surveyor who works in the area stated that there is no more flat land to develop in Kennewick and offered the opinion that this developer will not skimp on quality because he intends to market high end homes. Russum Testimony. 39. Regarding public comment relating to retaining wall height and appearance as seen from adjacent off-site parcels: the Applicants' conceptual retaining wall plan shows retaining wall heights near the proposed southeast plat entrance of nine to 12 feet, with the caveat that final wall heights cannot be known until grading plans are complete for each lot. Regarding appearance of the walls, the conceptual plan states: "There are several visual features which affect the appearance of constructed retaining walls. Besides just the visual features, there are considerations of materials, constructability, and structural integrity. The design team for Citadel Estates has reviewed many wall systems and has selected a segmented block wall system. …These wall systems allow variations of the wall face patterns, columns, block color, integrated interlock, and landscaping features." Exhibit 12. Staff indicated that there are no City code provisions regulating the appearance of retaining walls. Romine Testimony. 40. Regarding concerns about traffic increases and the lack of connectivity that would result from the proposed looped private road, the Applicants' engineer noted that the 38 proposed lots would result in less traffic than the previously approved 45 lots and that the effect of the gated community would be to reduce drive through traffic. Christiansen Testimony. Regarding slope stability, the Applicants' geotechnical engineer noted that road and roof runoff and subsurface irrigation seepage would be removed from the slope via the proposed stormwater management plan. The CC&Rs would restrict the nature of irrigation systems used in the plat. Black Testimony; Exhibit 9. 41. In response to public comments, City Staff reiterated that the project satisfies concurrency requirements and that no intersections would fall below the threshold level of service requiring mitigation as a result of the instant proposal. Deskins Testimony. Planning Staff indicated that any future commercial development would be required to undergo all proper City land review processes. A recommended condition of approval requires the developer to execute an agreement that confers control of the project's ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Citadel Estates PDP 10-01/PP 10-02 page 13 of 18 common facilities, including stormwater management, to the City in the event that the HOA fails to enforce the CC&Rs. Romine Testimony; Exhibit 1, page 8. 42. In order to more fully address the concerns raised during public comment, the record was held open for additional information on proposed retaining walls and stormwater management. (See Findings 19, 23, and 24 above, Exhibits 11 and 12.) After reviewing the Applicants' post-hearing submittals, Planning Staff indicated that the conceptual retaining wall plan and the conceptual storm drainage plan comply with all applicable City standards. Exhibits 11, 12, 13a, and 13c. 43. At hearing, the Applicants contested the wording of recommended conditions of approval 8 and 13. The Applicant suggested alternative language. Exhibit 4. In post-hearing submittals, Planning Staff recommended amended wording for the two conditions. Exhibit 13b. The Applicants agreed to the reworded conditions. Exhibit 15. 44. Upon completion of review, and considering evidence offered at and after hearing, Planning Staff recommended approval of the plat and PDP with the conditions as proposed in the staff report and modified based on testimony. Staff is satisfied that the deviations proposed represent equal or better development of site, considering the steep slopes. The deviations would not alter the proposed land use, increase densities, or result in known nuisance issues. Exhibit 1, pages 7 - 9; Romine Testimony; Exhibit 13a. 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. 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. Criteria for Review Preliminary Plat 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 ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Citadel Estates PDP 10-01/PP 10-02 page 14 of 18 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. Planned Development Permit Pursuant to KMC 18.45.040(1), a planned development permit may be approved when the record demonstrates compliance with all of the following: 1. The planned development generally conforms to the Comprehensive Plan and zoning district for use, density, open space, circulation, public facilities, and the standards of development set forth therein; 2. The planned development generally conforms with the zoning district uses; 3. The planned development forms an integrated whole of sufficient unity to justify exceptions to the normal regulations of the Kennewick Municipal Code; and 4. The residential development will produce a desirable and stable residential environment in harmony with the surrounding property; or 5. The Commercial development will have proper traffic circulation and parking and should have no adverse effects upon surrounding property; or 6. The industrial development conforms with the applicable performance standards, railroad or truck access and necessary storage, and should have no adverse effects upon surrounding property. Conclusions Based on Findings 1. As conditioned, the proposed plat makes adequate provision for the public health, safety, and general welfare. The conceptual drainage plan would collect and convey stormwater runoff from new impervious surfaces to an off-site retention and infiltration facility, for the protection of site slopes. Subsurface drainage at the base of project retaining walls would also be conveyed off-site, to prevent subsurface saturation at the foot of each wall. The conceptual plan would control runoff from the 25-year 24-hur storm and satisfies the City's feasibility requirements. Final engineering for stormwater facilities would be reviewed for compliance with City standards prior to construction permit issuance. Private streets within the plat would provide access to each lot and would be maintained by the HOA. The plat would provide two access points to the public street network. The municipal utilities have capacity to serve all of the proposed lots that are not above the 810 foot elevation. Any development on lots that exceed 810 foot elevation would be required to obtain Department of Health approval prior to construction. Conditions require adequate utility easement. 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, and with construction of the internal sidewalks, safe walking routes would exist from every lot to the Kennewick School District facilities. The proposal was reviewed for compliance with SEPA and an MDNS was issued. No appeals were filed. Findings 6, 7, 8, 16, 17, 19, 20, 21, 22, 23, 25, 25, 27, 28, 29, 30, 31, 32, 33, 34, 35, 38, 40, and 44. ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Citadel Estates PDP 10-01/PP 10-02 page 15 of 18 2. Portions of the site with grades in excess of 40% would not be buildable without further review and approval by the City. Given the site's steep slopes, conditions of approval would require a geotechnical engineer to approve the grading and construction plans for each lot prior to construction permit issuance. All retaining walls over four feet in height would similarly be engineered, with construction plans approved in advance by a certified engineer. The concerns of neighboring property owners regarding slope stability and the visual impacts of the proposed retaining walls are understandable; however, the Kennewick Municipal Code does not contain provisions limiting or restricting the use or the size of retaining walls. The materials submitted adequately the demonstrate conceptual feasibility of the proposed building scheme. Conditions of approval require geotechnical engineering involvement and oversight during the design and construction phases of the plat, adequately addressing public safety concerns. Findings 6, 16, 17, 18, 19, 22, 23, 24, 27, 28, 33, 37, and 42. 3. The requested deviations from various development standards would result in a project that is equal to or better than one that would strictly comply with City code due to the steep slopes on-site. As conditioned, the PDP would be consistent with applicable Comprehensive Plan goals and policies. Single-Family housing is a permitted use within RS zoning and in the Low Density Residential land use designation. Very little development is proposed in the portion of the site with the Open Space Comprehensive land use designation. The requested deviation from minimum density reflects an appropriate accommodation due to the site's extensive geologic hazard areas. The request to connect the sidewalk to the street, instead of separate it with a planting strip, is also an appropriate accommodation based on site slopes. The proposed gated community would add diversity to the types of housing available. No deviation to the allowed uses of the zone is requested. The record shows that the project would result in single-family residential development on slopes with retaining walls generally similar to existing development in the area and through Kennewick. Findings 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 34, 38, and 44. DECISION Based on the preceding findings and conclusions, the requested applications for planned development permit (PDP 10-01) and preliminary plat (PP 10-02) approval to subdivide 50.27 acres located at 6100 W. 25th Avenue in Kennewick, Washington into 38 single-family residential lots are 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 except as amended by PDP approval. 2. All development shall comply with the provisions of the Critical Area Report, including requirements of the Mitigation Plan in the record at Exhibit 1, Attachment 7, pages 8-9 of 48. 3. All fees required by the City shall be paid prior to the approval of the final plat. ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Citadel Estates PDP 10-01/PP 10-02 page 16 of 18 4. Development shall be in conformance with the plat drawing date stamped November 19, 2010, Exhibit A-5. 5. Prior to final plat, 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 prior to final plat approval. 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 the meets the requirements of the Critical Area Report. Xeriscape landscaping shall be encouraged. 7. The color of retaining wall material shall blend with the existing natural landscape. 8. On-site slopes exceeding 40% must be clearly delineated and identified on the face of the final plat map, both in the site plan and in plat notes, labeled as subject to the City of Kennewick Critical Areas ordinance. A title notice shall be recorded with Benton County on Lots 37 and 38 stating those lots contain areas of slopes greater than 40 percent in grade, which are subject to the City of Kennewick Critical Areas ordinance. 9. A Homeowner’s Association (HOA) shall be formed prior to phase 1 final plat approval. Each phase must be incorporated into the HOA. 10. The HOA’s CC&Rs must be amended to include all items of the Critical Area Mitigation plan in the record at Exhibit 1, Attachment 7. 11. The Applicants or successors 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. 12. All construction shall comply with the Public Works memorandum dated December 16, 2010 (Exhibit 1, Attachment 13. Lots above the 810 foot elevation cannot be served by City water. If those lots are developed prior to City water being available, Health Department approval will be required. If floor elevations on lots are higher than the 810 foot elevation, individual booster and pressure storage tanks may be required. 14. The Applicants shall submit a storm comprehensive plan for the entire site. The comprehensive plan needs to be approved by the City for the entire Plat prior to Phase 1 construction plan review. ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Citadel Estates PDP 10-01/PP 10-02 page 17 of 18 15. The comprehensive storm plans shall include proof of land ownership/legal access to land used for stormwater runoff retention if it is located off site. 16. The Geotechnical Engineer shall review and sign the plat construction drawings to ensure they meet the intent of the recommendations contained in the geotechnical report. 17. Sewer service to lots on the north side of W. 25th Avenue and W. 26th Avenue may require a pressure pump to each house. If a pressure pump is required, as determined by the City’s Public Works Department, a note will be required on the construction drawings and Final Plat that these lots may require individual sewer pumps. 18. New sidewalks at the private road shall connect to existing sidewalks at W. 25th Avenue and W. 26th Avenue. Gates may be installed to control access. 19. A permit or notification letter is required from Northwest Natural Gas prior to issuing a DPW permit for civil infrastructure construction for gas line crossing inspection. 20. The developer shall provide a temporary cul-de-sac or hammer head turnaround at the end of each road at the end of phase one construction built to Fire Department and Public Works standards. 21. Fire lanes over 150-feet in length shall be provided with an approved area for turning around a fire apparatus. 22. The developer shall install Knox brand electronic key switches at the two access gates for emergency access. 23. The developer shall provide emergency vehicle access easements on new private streets. 24. The developer shall install fire hydrants and looped water mains in accordance with City engineering standards. Fire hydrants shall be installed at intersections and maximum 600-foot spacing. 25. 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. 26. Citadel Estates is required to provide for off-site traffic calming measures within the existing Panoramic Heights neighborhood to mitigate traffic impacts of the proposal. Location and selection of the traffic calming measures (consisting of either speed humps or a traffic circle built to City standards) shall be determined by the Panoramic Heights Homeowners' Association (HOA), subject to approval by the City. The developer shall construct the selected traffic calming measures, or in lieu of construction, shall provide a $20,000 letter of credit to the City to be drawn upon by Panoramic Heights HOA for their installation. The Applicant shall have first right to build the project to City standards and have funds refunded after the project is built and approved by the City. If construction of the traffic calming measures is not started within five years of preliminary plat approval, ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Citadel Estates PDP 10-01/PP 10-02 page 18 of 18 the developer will be released of this obligation. Additional structures, development or any change of use that would increase traffic by more than 20 percent may require additional traffic mitigation. The baseline for comparison is 364 daily trips or 38 PM peak hour trips. 27. In lieu of dedication of park land and based on the “Park Fee Determination Process” calculation, pay park fees in the amount of $20,691.72 for impacts to Park Planning Zone 6W (Southridge). The amount can be paid in phases based on a percentage of dwelling units being developed in each phase. DECIDED May 19, 2011. By: Sharon A. Rice City of Kennewick Hearing Examiner