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Findings, Conclusions, and Decision Kennewick Hearing Examiner The Heights Preliminary Plat, PP13-02 page 1 of 9 BEFORE THE HEARING EXAMINER FOR THE CITY OF KENNEWICK In the Matter of the Application of ) PP 13-02 ) Nathan Machiela of ) The Heights Hayden Homes, LLC ) ) ) For Preliminary Plat ) FINDINGS, CONCLUSIONS, AND ) DECISION SUMMARY OF DECISION The requested preliminary plat to subdivide 9.16 acres into 37 single-family residential lots is APPROVED subject to conditions. SUMMARY OF RECORD Nathan Machiela of Hayden Homes LLC (Applicant) requested approval of a preliminary plat subdividing 9.16 acres into 38 single-family residential lots. The subject property is addressed as 2001 W. 45th Avenue, Kennewick, Washington. Request On December 9, 2013, the City of Kennewick Hearing Examiner conducted an open record public hearing on the request. On January 23, 2013, the Examiner issued a post-hearing order reopening the record to obtain necessary clarifying information from the parties. The information requested was submitted on January 6, 2014 and the record closed on that date. Hearing Date At the open record hearing, the following individuals presented testimony under oath: Testimony Wes Romine, Kennewick Development Services Manager John Deskins, Kennewick Transportation Engineer Gregory McCormick, Director, Kennewick Community Planning Department Nathan Machiela, Applicant At the open record hearing, the following exhibits were offered in evidence: Exhibits 1. Staff Report, dated December 2, 2013 2. Application 3. Notice of Application/Mailing List 4. Vicinity Map 5. Preliminary Plat Drawing ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner The Heights Preliminary Plat, PP13-02 page 2 of 9 6. Preliminary Grading Plan 7. SEPA documentation including: a. Mitigated Determination of Non-Significance, issued October 25, 2013 b. Wetland Assessment, dated September 27, 2013 c. Environmental checklist, dated July 18, 2013 8. City Department Comments, including: a. Public Works Consolidated comments, dated September 26, 2013 b. Traffic Engineer comments, dated October 10, 2013 c. Fire Department comments, dated October 25, 2013 9. Outside Agency Comments, including: a. Kennewick Irrigation District comments, dated September 17, 2013 b. Washington State Department of Ecology comments, dated September 16, 2013 c. Benton PUD comments, dated September 4, 2013 10. Traffic Letter, Kelly Engineering, dated September 1, 2013 11. Kennewick School District comments, dated November 27, 2013 12. Planning Staff's PowerPoint presentation slides 13. City’s Post-Hearing Memorandum, dated January 6, 2014 14. Applicant’s Post-Hearing comments, dated January 3, 2014 15. Revised Site Plan, dated January 3, 2014 16. Revised Traffic Letter from Kelly Engineering, dated January 2, 2014 17. Revised City Traffic Memo, dated January 2, 2014 Also included in the record of this matter is the December 23, 2013 post-hearing order reopening the record for additional information. Upon consideration of the testimony and exhibits submitted, the Hearing Examiner enters the following findings and conclusions in support of the decision: FINDINGS 1. The Applicant requested approval of a preliminary plat subdividing 9.16 acres into 37 single-family residential lots. The subject property is addressed as 2001 W. 45th Avenue, near S. Vancouver Avenue, in Kennewick, Washington.1 1 The legal description of the subject property is a portion of the NW quarter of the NE quarter of Section 23, Township 8 North, Range 29 East, W.M., Benton County, Washington; also known as Parcel Nos. 1-2389-100- 0002-003 & 1-2389-100-0003-001. Exhibit 1, page 1; Exhibit 5. Exhibit 1, pages 1-2; Exhibit 2; Exhibit 15. ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner The Heights Preliminary Plat, PP13-02 page 3 of 9 2. The subject property was annexed in May 1979 with an Agriculture zoning designation. In November 2005, the site was rezoned to Residential Suburban (RS). Most recently the zoning changed to Residential Low Density (RL) in September 2013. Exhibit 1, page 3. 3. The application (PP 13-02) was submitted August 27, 2013 and determined to be complete the same day. Notice of application was mailed to surrounding property owners on August 30, 2013 and posted on-site on October 25, 2013. Exhibit 1, page 2. 4. The subject property is comprised of two tax parcels containing an existing residence, a horse arena, and approximately 13 outbuildings. The residence would be retained in proposed Lot 17. The horse arena and outbuildings would be removed. Surrounding parcels share the subject property's Residential Low Density (RL) zoning designation, except for those adjacent to the east which are zoned Residential Suburban (RS). A Kennewick Irrigation District canal abuts the site's southern boundary. Exhibit 1, page 5. 5. The RL zoning district does not have a minimum or maximum density requirement. The minimum required lot size is 7,500 square feet. With 37 lots proposed on 8.51 net acres, the proposed density is 4.35 units per acre. The smallest lot is proposed is 7,551 square feet. Exhibit 15; Exhibit 1, page 3. 6. The plat would connect to public roads at four points on W. 45th Avenue. Proposed Lots 1 through 4 would have direct access onto 45th Avenue, with Lots 3 and 4 sharing a driveway. Lots 5 through 8 would have shared access via a shared driveway. Lots 9 through 13 and 17 would access via a second private, shared driveway. A looped public road connecting twice to 45th Avenue would serve the remainder of the lots. Exhibit 15; Exhibit 10; Exhibit 17. The City’s Traffic Engineer indicated that access to W. 45th Avenue is prohibited except for the shared driveways, the two public street connections, and direct access for Lots 1 and 2. A one-foot no access easement must be placed along the remainder of the site's frontage on W. 45th Avenue. The project would be required to provide a 15-foot sidewalk/utility/ landscape easement along W. 45th Avenue. The Applicant may choose to add the 15-foot easement to the existing right-of-way or to vacate six feet of right-of-way and use the vacated portion as part of the 15-foot easement. Half-street improvements on W. 45th Avenue would be required along the site's frontage consistent with City standards. The project would be required to install landscaping along the W. 45th Street frontage, which the homeowners would be responsible for maintaining. A landscape plan prepared by a licensed landscape architect or licensed landscape installer drawn to a legible scale with sizes and species of plants must be submitted and landscaping must be installed or bonded for prior to final plat approval. Exhibit 8b; Exhibit 17; Exhibit 1, pages 4, 7. 7. For the proposed internal public street, full street improvements for residential streets within the subdivision would be required. Current Residential Design Standards allow curb tight sidewalks as an option to separated sidewalks, subject to compliance with ADA standards. Proposed shared driveways greater than 150 feet long would be required to provide emergency vehicle turnarounds and be at least 20 feet wide. Permits from the ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner The Heights Preliminary Plat, PP13-02 page 4 of 9 Department of Public Works would be required prior to construction for driveways, sidewalks, wheelchair ramps, and utility extensions. Exhibit 1, page 4; Exhibits 8b and 17. 8. Proposed shared driveways would be private roads for which the benefited lot owners and/or a homeowners association would be responsible. Planning Staff recommended a condition requiring the Applicant to either: a) execute a written agreement accepted by the City Attorney allowing the City to make arrangements for maintenance of any common areas, open spaces, private roads, and landscape areas (including streetscape on W. 45th Avenue) should the Homeowner’s Association fail or refuse to maintain these areas or b) place a note on the final plat drawing stating that individual property owners are responsible for streetscape landscaping on their property and that adjacent property owners are responsible for the maintenance of the shared driveways if there is no Homeowner’s Association. Exhibit 1, page 7. 9. The Applicant submitted a revised traffic profile letter prepared by a professional traffic consulting firm dated January 2, 2014, updated to reflect the correct number of lots. The letter noted that the proposal would generate 36 new single-family residences; traffic from the existing residence need not be counted in this analysis. The letter concluded that the project would create 343 new average daily vehicle trips, including 27 AM and 36 PM peak hour trips. Of these, approximately 65% would travel to and from the north on S. Ely Street, 20% would travel to and from the east on W. 45th Avenue, and 15% would travel to and from the north on S. Vancouver Street. Exhibit 16. 10. City Transportation Staff reviewed the traffic profile letter and accepted its findings, indicating that the project meets the City's transportation concurrency standards. Traffic impact fees were assessed through environmental review for the project, but the fee amount subsequently changed due to removal of one proposed lot. In order to mitigate the project's traffic impacts on surrounding transportation infrastructure, the Applicant would be required to contribute a total of $3,391 to the planned roundabout at W. 45th Avenue and S. Olympia Street, based on the pro rata share of trips from the project anticipated to use the intersection. Exhibit 17. 11. City stormwater standards require residential subdivisions to retain and dispose of a 25- year, 24-hour event for the developed state and the 10-year 24-hour event for the natural pre-developed state. The Applicant would be required to submit detailed civil engineering drawings for review and approval to the City’s Public Works department, including a stormwater plan demonstrating compliance with City standards. Exhibit 1, page 4; Exhibit 8a. 12. Municipal water and sewer are available for extension into the site and each has capacity to serve the new lots. An 8-inch waterline is available from the north side of W. 45th Avenue, while an 8-inch sanitary sewer line can be extended from west of S. Vancouver Street. Sanitary sewer extensions to the east of S. Vancouver Street would need to be completed at the developer's expense. Kennewick Public Works Department reviewed ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner The Heights Preliminary Plat, PP13-02 page 5 of 9 the project and submitted recommended conditions of plat approval. Exhibit 8a; Exhibit 1, page 4. 13. After receiving notice of the notice of application and a pre-threshold determination and reviewing the submitted environmental checklist, the Washington State Department of Ecology (DOE) submitted comments questioning whether or not wetlands may exist upon the site. Having reviewed various aerial photos of the site, DOE noted that the site appears wet at various points in the year due to bright vegetation and that because of its nearness to the KID irrigation canal, it may contain inadvertently created seasonal wetlands. DOE noted that a wetland reconnaissance was needed to determine if there were wetlands on-site, and if yes, to delineate, classify, and prepare a mitigation plan for the project's impacts to them. Exhibit 9b. 14. The Applicant commissioned a professionally prepared wetland assessment from Biology Soil & Water, Inc. The consultant conducted a review of available mapping and literature regarding potential wetlands on-site and found none were mapped by the NRSC Soil Survey Maps or the National Wetland Inventory Maps for the site. The consultants also conducted a site inspection during which they found that on-site the Warden soils were upland in character. The sources of hydrology for the green areas that show up on aerial photography included a domestic irrigation system for residential landscaping and a pasture sprinkler system with heads mounted several feet above the ground that rotate 360 degrees. All vegetation found near these hydrology sources was upland in character. No wetlands were found on-site. Exhibit 7b. 15. Based on soil types, the City requires a geotechnical report at time of building permit application for all development south of 27th Avenue. The requirement would apply to the proposed lots. Romine Testimony; Exhibit 1, page 8. 16. The subject property is in the service area of the Kennewick School District. After receiving the application information, the District submitted comments indicating that student residents of the plat would attend Cascade Elementary School, Horse Heaven Hills Middle School, and Southridge High School. The District has capacity to add students at all levels and at the three schools specifically. Only the middle school is located within one mile of the plat, meaning students residing in the plat are in a walking zone and may not be provided with bus service; elementary and high school students would be bussed. All new residential streets within the subdivision and the site frontage on W. 45th Avenue would install five-foot wide sidewalks. South Vancouver Street would be the shortest route to the middle school from the subject property; it was annexed with roads built to County standards that provide no sidewalks. However, on the west side of the road there is approximately 15 to 20 feet of right-of-way outside the paved vehicle travel lanes containing gravel shoulders that could be safely used by pedestrians until streets in the area are improved to City standards including sidewalks. Exhibit 11; Exhibit 1, page 5. Planning Staff submitted the position that the gravel shoulder would provide safe walking for residents of the plat to access the middle school. Romine Testimony. ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner The Heights Preliminary Plat, PP13-02 page 6 of 9 17. The subject property is located in park zone 5E – Horse Heaven/Twin River. Pursuant to the City’s Comprehensive Park Plan, the project would be required to dedicate 0.31 acres for park land. That area is too small for a City park. Park fees were assessed through environmental review for the project, but the fee amount subsequently changed due to removal of one lot. The City and Applicant have agreed that park fees in the amount of $4,253.84 would be acceptable in lieu of dedication of park land. Exhibit 1, page 5; Exhibit 7a; Exhibit 13. 18. The Kennewick Fire Department reviewed the proposal and submitted comments indicating that emergency vehicle turnarounds are required on private access drive longer than 150 feet. The Fire Department raised no other concerns and did not object to approval. Exhibit 8c. 19. Staff indicated that the proposed plat would be consistent with the City’s Comprehensive Plan, specifically implementing the following goals and policies: Urban Area Policy 3: Promote new growth consistent with the Comprehensive Land Use Map, the Capital Facilities Plan and the Capital Improvement Plan. Residential Goal 1: Guide the design of new residential developments to be compatible with adjacent residential area. Residential Goal 3: Promote a variety of residential densities with a minimum density target of 3 units per acre as averaged throughout the urban area. Residential Goal 4: Encourage residential development only in urban areas where services can be provided. Residential Policy 5: Provide provisions for parks, schools, drainage, transit, water, sanitation, infrastructure, pedestrian, and aesthetic considerations in new residential developments. Housing Goal 1: Support and develop a variety of housing types and densities to meet the diverse needs of the population. Critical Areas and Shoreline Goal 3: Regulate or mitigate activities in or adjacent to critical areas or the shoreline to avoid adverse environmental impacts. Exhibit 1, pages 7-8. 20. The City of Kennewick acted as lead agency in reviewing the proposal for compliance with the requirements of the State Environmental Policy Act (SEPA). After evaluating the complete application materials and the environmental checklist, the City's Responsible Official issued a mitigated determination of non-significance (MDNS) on October 25, 2013, requiring mitigation of parks and transportation impacts through the payment of fees. No party appealed the MDNS. Exhibit 7a; Romine Testimony; Exhibit 1, page 2. As noted above, the park and traffic impact fees imposed through the MDNS ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner The Heights Preliminary Plat, PP13-02 page 7 of 9 were subsequently reduced as a result of the removal of one lot, with the agreement of both the City and the Applicant. Exhibits 13 and 14. 21. Notice of public hearing was mailed to surrounding property owners on November 20, 2013, 2013, and published on November 24, 2013, consistent with City requirements. Exhibit 1, page 2; Exhibit 3. The City received one inquiry about the proposal but no further public comment before or at the public hearing. Romine Testimony. 22. Upon completion of review, and considering evidence offered at hearing and in response to the post hearing order reopening the record for additional necessary information, Planning Staff recommended approval of the plat with the conditions proposed in the staff report. The Applicant waived objection to the recommended conditions of approval. Exhibit 1, pages 7-8; Machiela Testimony; Exhibit 14. CONCLUSIONS The Hearing Examiner has jurisdiction to hear and decide applications for preliminary plat pursuant to KMC 4.02.080(b) and 17.10.080. Jurisdiction Pursuant to KMC 17.10.080(1), an application for preliminary plat may be approved only when the record demonstrates conformance with the Comprehensive Plan, comprehensive water plan, Preliminary Plat Criteria for Review utilities plan, the Comprehensive Park and Recreation Plan, and when the record demonstrates that appropriate provisions will be made for the public health, safety, and general welfare, for open spaces, drainage ways, streets or roads, alleys, public sidewalks, utility easements and other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation areas, playgrounds, schools and school grounds, and shall consider all other relevant facts and other planning features that assure safe walking conditions for students who only walk to and from school. 1. As conditioned, the plat would be consistent with applicable goals and policies of the City of Kennewick Comprehensive Plan. City water and sewer are able to serve the 37 connections and the project would extend these utilities to each lot in the plat. The required critical area report was submitted and deemed acceptable by the City. Conditions of approval would ensure that development is consistent with all applicable City utility, road, stormwater, and fire standards and that the project's traffic and park impacts are mitigated. Findings 7, 8, 11, 12, 14, 15, 18, and 19. Conclusions Based on Findings 2. Single-family residential development is permitted in the RL zone, and the proposed density of 4.35 units per acre is consistent with applicable zoning standards and Comprehensive Planning policies. A stormwater plan demonstrating compliance with the City's stormwater standards would be required at the time of civil engineering review. Conditions of approval would ensure compliance with the recommendations of the geotechnical and critical areas reports and would require individual geotechnical review ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner The Heights Preliminary Plat, PP13-02 page 8 of 9 on a per lot basis prior to building permit issuance. Safe walking for school aged children is satisfied by the following: Elementary and middle school students would be bussed. The project would provide City standard sidewalks within the plat connecting to the public sidewalks on Southridge Boulevard, which connects to the high school, providing safe walking. The proposal satisfies the City's transportation concurrency standards. Provisions for parks and recreation would be made through payment of park impact fees. The plat's traffic impacts would be mitigated through traffic impact fees. The proposal was reviewed for compliance with the requirements of SEPA and an MDNS was issued and not appealed. With conditions, all necessary findings for public health, safety, and general welfare can be made. Findings 4, 5, 6, 7, 9, 11, 14, 15, 16, 17, 19, and 20. DECISION Based on the preceding findings and conclusions, the requested approval of a preliminary plat subdividing 9.16 acres into 37 single-family residential lots is GRANTED subject to the following conditions: 1. Development of the site shall comply with City of Kennewick regulatory controls, policies and codes, including the Single-family Residential Design Standards. 2. All fees required by the City shall be paid prior to the approval of the final plat. 3. The Applicant shall construct residential streets per City of Kennewick Standard Detail 2- 1, sheet 2 of 4. The Single-Family Residential Design Standards' option for curb tight sidewalks may be used. 4. Development shall be in conformance with the plat drawing dated November 13, 2013 and submitted to the City on January 2, 2014 in the record at Exhibit 15. 5. A landscape plan must be submitted for approval for any common areas, including Arterial Streetscaping and Arterial street fencing. The landscape plan shall be prepared by a licensed landscape architect or licensed landscape installer drawn to a legible scale with sizes and species of plants. Landscaping is required to be installed or bonded for prior to final plat of the phase it is in. 6. The Applicant shall execute a written agreement to the satisfaction of the City Attorney which will allow the City to make arrangements for maintenance of any common areas, open spaces, private roads, and landscape areas (including streetscape on W. 45th Avenue) should the Homeowner’s Association fail or refuse to maintain these areas. In the absence of a Homeowner’s Association place a note on the final plat drawing stating that individual property owners are responsible for streetscape landscaping on their property. Maintenance of the shared driveways is the responsibility of the adjacent property owners if there is no Homeowner’s Association. ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner The Heights Preliminary Plat, PP13-02 page 9 of 9 7. All landscaped areas must be irrigated with an automatic sprinkler system or drip irrigation system. Xeriscape landscaping is encouraged. 8. With the exception of comment development of the site shall comply with the Public Works memorandum dated October 10, 2013 in the record at Exhibit 8a. Only private drives over 150-feet in length need to be 20-feet wide with an approved fire truck turn-a- round. 9. Private shared driveways to be surfaced with minimum two-inch thick asphalt over six- inch course rock; curb and gutter is not required. 10. Comply with Traffic Engineer memorandum dated January 2, 2014 in the record at Exhibit 17. 11. Development of the site shall comply with Benton PUD requirements in e-mail dated September 4, 2013 in the record at Exhibit 9c regarding easements and power services for the plat. 12. Development of the site shall comply with Kennewick Irrigation District letter dated September 17, 2013 in the record at Exhibit 9a. 13. Development of the site shall comply with Kennewick Fire Department comment memorandum dated October 25, 2013 in the record at Exhibit 8c. 14. Geo-Tec reports are required for each lot at the time of building permit submittal. With prior approval a blanket geological report may be accepted as long as all applicable codes are met regarding soil bearing capacity. 15. Provide dust control method(s) such as hydroseeding for all areas of the site that are disturbed. Re-hydroseeding may be required. 16. In lieu of dedication of park land the City and Developer have agreed the Developer shall pay park fees in the amount of $4,253.84 for impacts to Park Planning Zone 5E-Horse Heaven/Twin River. Park fees will be collected prior to signing the final plat mylar as a percentage of lots in each final plat phase. 17. Pay Traffic Mitigation Fees in the amount of $3,391.00 for traffic impacts for a proportionate share of a new roundabout at the intersection at W. 45th Avenue and Olympia Street. Fees will be collected prior to signing the final plat mylar as a percentage of lots in each final plat phase. DECIDED January 10, 2014. By: Sharon A. Rice City of Kennewick Hearing Examiner