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Staff Report COZ 15-09 1 STAFF REPORT COZ 15-09 Community Planning Anthony Muai City of Kennewick Planner To: Planning Commission Date: December 7, 2015 PROPOSAL: Rezone 7.89 acres from Residential, High (RH) to Industrial, Light (IL) & Residential, Medium (RM) OWNER: Brinkley Investment Company, LLC APPLICANT: Brinkley Investment Company, LLC Site Information • Size: 7.89 acres • Location: 7200 Brinkley Rd. • Topography: sloping downward from the south; 0.5-3% slopes • Existing Comprehensive Plan Designation: Medium Density Residential & Industrial • Existing Zoning: Residential, High (RH) • Existing Land Use: Vacant land 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 15-09 2 Application Process • Application Submitted October 21, 2015 • Application routed for comments October 28, 2015 • Property posting notification sign was posted on site on November 16, 2015 • Determination of Non-Significance issued on August 11, 2015 • Notice of Hearing mailed November 18, 2015 • Notice of Hearing published November 22, 2015 Surrounding Comprehensive Plan, Zoning and Land Uses North Comprehensive Plan – Medium Density Residential Zoning –Residential, Medium (RM) Existing Land Uses – Vacant land South Comprehensive Plan – GMA Agriculture (County) Zoning – GMA Agriculture (County) Existing Land Uses – Vacant land in Conservation Reserve Program (CRP) East Comprehensive Plan – Industrial and Medium Density Residential Zoning – Industrial, Light (IL) and Residential, Medium (RM) Existing Land Uses – Vacant land West Comprehensive Plan – Medium Density Residential Zoning – Residential, Medium (RM) Existing Land Uses – Vacant land Regulatory Controls • City of Kennewick Comprehensive Plan • Kennewick Municipal Code Title 4 • Kennewick Municipal Code Title 18 Description of Request Change of Zone 15-09 is a request to rezone approximately 7.89 acres from Residential, High (RH) to Residential, Medium (RM) and Industrial, Light (IL). Zoning History This property was annexed into the City in 2007. Zoning was not established at that time, but rather was required to conform with the Southridge Subarea Plan. In 2011 an area-wide rezone was completed to establish zoning in this area and the property was zoned Residential, Medium (RM). In 2013 a Comprehensive Plan Amendment was completed, followed by a rezone, to change the zoning on a portion of the site to Residential, High (RH). Analysis The proposed change from RH to RM and IL is consistent with the Comprehensive Plan and will implement the Medium Density Residential and Industrial land use designations on the property. It is ---PAGE BREAK--- Staff Report COZ 15-09 3 also consistent with the lots to the east that are zoned IL and the property to the north and west that are zoned RM. Most of the property lies south of an irrigation canal. This portion of the property, as well as a small portion north of the canal, is encumbered by a 125-foot Bonneville Power Administration easement leaving very little developable land. This area is proposed to be rezoned to IL, consistent with the property to the east, and will likely be used for material and/or vehicle storage. The remainder of the property will be changed to RM consistent with its surroundings. The rezone will also allow the owner to perform a boundary line adjustment which requires that both lots have the same zoning. Any development that is proposed in the future 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). 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 amendment conforms with the comprehensive plan. The existing comprehensive plan land use designations are Medium Density Residential and Industrial. The requested zones, RM and IL, are an implementing zone of the Medium Density Residential and Industrial designations. 2. Promotes the public necessity, convenience and general welfare; and Staff Response: The proposed rezone promotes the public necessity, convenience and general welfare by allowing use of a property encumbered by almost entirely by easements and by allowing a change consistent with the zoning of the abutting 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: Water and sewer are located 200 feet away on the property to the east. If the rezone is approved, a boundary line adjustment will occur that will bring utilities to the site. 4. The proposed amendment is consistent with all applicable provisions of the Kennewick Municipal Code, including those adopted by reference from the Comprehensive Plan; and Staff Response: The proposed amendment is consistent with the provisions of the Kennewick Municipal Code and the Comprehensive Plan. The proposed zones are implementing zones of the current Comprehensive Plan land use designation. ---PAGE BREAK--- Staff Report COZ 15-09 4 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: Single Family Residential zoned properties are not involved in, or abutting this proposal. Findings 1. The applicant and owner is Brinkley Investment Company, LLC (2906 S. Tacoma Pl., Kennewick, WA 99337). 2. The request is to change 7.89 acres from Residential, High (RH) to Residential, Medium (RM) and Industrial, Light (IL). 3. The application was submitted on October 21, 2015 and was routed for review to various City Departments and other local, state and federal agencies for comment on October 28, 2015. 4. A Determination of Non-Significance issued on August 11, 2015. 5. A Property posting notification sign was posted on site on November 16, 2015 notifying the public of the public hearing to be held on December 7, 2015 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 November 18, 2015. Notices were also published in the Tri-City Herald on November 22, 2015. 7. Water and sewer are located 200 feet away on the property to the east. If the rezone is approved, a boundary line adjustment will occur that will bring utilities to the site. 8. Access to the site is provided by Brinkley Rd. 9. The proposed amendment is adjacent to Residential, Medium (RM) and Industrial, Light (IL) zoned lands. 10. The proposed amendment conforms with the comprehensive plan. The existing comprehensive plan land use designations are Medium Density Residential and Industrial. The requested zones, RM and IL, are an implementing zone of the Medium Density Residential and Industrial designations. 11. The proposed rezone promotes the public necessity, convenience and general welfare by allowing use of a property encumbered by almost entirely by easements and by allowing a change consistent with the zoning of the abutting properties. 12. The proposed amendment is consistent with the provisions of the Kennewick Municipal Code and the Comprehensive Plan. The proposed zones are implementing zones of the current Comprehensive Plan land use designation. ---PAGE BREAK--- Staff Report COZ 15-09 5 13. Single Family Residential zoned properties are not involved in, or abutting this proposal. Conclusions 1. Approval will rezone approximately 7.89 acres of Residential, High (RH) to Residential, Medium (RM) and Industrial, Light (IL). 2. Approval will implement the Medium Density Residential and Industrial land use designations of the Comprehensive Plan. 3. Approval will not result in an increase in adverse environmental impacts. Recommendation Staff has reviewed the application and, finding that it meets the criteria for approving a rezone as contained in KMC 18.51.070, recommends that the Planning Commission concur with the findings and conclusions contained in staff report COZ 15-09 and recommend approval to City Council. Motion I move that the Planning Commission concur with the findings and conclusions in staff report COZ 15-09 and recommend to City Council approval of the request. ---PAGE BREAK--- Change of Zone 15-09 Residential, High (RH) to Industrial, Light (IL) and Residential, Medium (RM) 0 250 500 Feet Legend Street Name Rail Road Track Parcel Amendment Site Exhibit A-1 Residential, High (RH) to Residential, Medium (RM) Residential, High (RH) to Industrial, Light (IL) ---PAGE BREAK--- Change of Zone 15-09 Residential, High (RH) to Residential, Medium (RM) and Industrial, Light (IL) 0 250 500 Feet Residential, Low (RL) Residential, High (RH) Residential, Medium (RM) Industrial, Light (IL) Exhibit A-2 Residential, High (RH) to Residential, Medium (RM) Residential, High (RH) to Industrial, Light (IL) ZONING MAP ---PAGE BREAK--- Change of Zone 15-09 Residential, High (RH) to Residential, Medium (RM) and Industrial, Light (IL) 0 250 500 Feet Low Density Residential Medium Density Residential Industrial Exhibit A-3 Residential, High (RH) to Residential, Medium (RM) Residential, High (RH) to Industrial, Light (IL) COMPREHENSIVE PLAN MAP ---PAGE BREAK--- Exhibit A-4 ---PAGE BREAK--- Exhibit A-5