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EXHIBIT 1 Page 1 of 6 Staff Report Date: January 25, 2016 Public Hearing Meeting Date and Location: February 1, 2016, Kennewick City Hall Report Prepared By: Wes Romine Development Services Manager Report Reviewed By: Gregory McCormick, AICP Planning Director Summary Recommendation: The City of Kennewick Planning Staff RECOMMENDS that Change of Zone 15-17 be APPROVED. Summary of Proposal: A Change of Zone from Commercial General (CG) to Commercial Community (CC) for one parcel of land approximately 3,081 square feet in size. Proposal Location: South of W. Gage Boulevard, between N. Steptoe Street and W. Grandridge Boulevard at 1410 N. Pittsburgh Street near W. Tucannon Avenue. Legal Description: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHI P 9 NORTH, RANGE 29 EAST, WILLAMETTE MERIDIAN, BENTON COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION; THENCE SOUTH 89°23'51" EAST ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER AND THE CENTERLINE OF A CITY STREET KNOWN AS GAGE BOULEVARD 871.97 FEET TO A MONUMENT AT THE INTERSECTION OF GAGE BOULEVARD AND A CITY STREET KNOWN AS PITTSBURGH STREET; THENCE SOUTH 00°36'09" WEST ALONG THE CENTERLINE OF SAID PITTSBURGH STREET 375.05 FEET; THENCE SOUTH 89°23'51" EAST 30.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY OF SAID PITTSBURGH STREET; THENCE ALONG SAID EAST RIGHT-OF-WAY AND ALONG A NON-TANGENT CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 21°19'10" HAVING A RADIUS OF 130.00 FEET; AN ARC LENGTH OF 48.37 FEET, A CHORD BEARING SOUTH 11°15'44" WEST AND A CHORD DISTANCE OF 48.09 FEET TO THE TRUE POINT OF BEGINNING; ECONOMIC DEVELOPMENT AND COMMUNITY PLANNING DEPARTMENT STAFF REPORT AND RECOMMENDATION TO THE PLANNING COMMISSION FILE NO: COZ 15-17/PLN-2015-04014 ---PAGE BREAK--- EXHIBIT 1 Page 2 of 6 THENCE ALONG A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 107°27'27" HAVING A RADIUS OF 20.00 FEET AND AN ARC LENGTH OF 37.51 FEET; THENCE ALONG A CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 39°00'03" HAVING A RADIUS OF 60.00 FEET AND AN ARC LENGTH OF 40.84 FEET; THENCE SOUTH 43°27'55" WEST 60.00 FEET; THENCE NORTH 44°23'46" WEST 60.00 FEET; THENCE ALONG A NON-TANGENT CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 23°40'55" HAVING A RADIUS OF 130.00 FEET, AN ARC LENGTH OF 53.73 FEET; A CHORD BEARING NORTH 33°45'47" EAST AND A CHORD DISTANCE OF 53.35 FEET TO THE TRUE POINT OF BEGINNING. Property Owner: Greg Markel 8911 W. Grandridge Blvd., Suite C Kennewick, WA 99336 Applicant: Same as Property Owner Engineer: NA Approval Criteria: 1. Comprehensive Plan – Land Use 2. KMC Title 4 – Administrative Procedures 3. KMC Title 18 – Zoning 4. Washington State Environmental Policy Act COZ Key Application Processing Dates: Pre-Application/Feasibility Meeting N/A Application Submittal December 21, 2015 Determination of Completeness Issued December 21, 2015 Notice of Application Mailed December 23, 2015 SEPA Threshold Determination Issued October 21, 2015 & Adopted January 6, 2016 for current change of zone Date of Mailed Notice of Public Hearing January 12, 2016 Property Posting Sign January 8, 2016 Date of Published Notice of Public Hearing January 17, 2016 SEPA Appeal Period Ends NA – ED 15-54 was Adopted Planning Commission Public Hearing February 1, 2016 City Council Decision Date February 16, 2016 Exhibits: 1 Staff Report 2 Application/Supplemental Information 3 Notice of Application/Mailing List 4 Vicinity Map 5 Change of Zone Map 6 Survey Map 7 SEPA Determination 8 Neighborhood Comments ---PAGE BREAK--- EXHIBIT 1 Page 3 of 6 Staff Analysis of Proposal & Discussion: The proposed Change of Zone (COZ 15-17) is a request to change the zone of portion of a parcel, approximately 3,081 square feet in size, from Commercial General (CG) to Commercial Community (CC). The subject parcel is located at 1410 N. Pittsburgh Street, south of W. Gage Boulevard between N. Steptoe Street and W. Grandridge Boulevard. The applicant has requested the change of zone so the subject property can be combined with the adjacent parcel at 8901 W. Tucannon Avenue. The applicant went through the City’s right-of-way vacation process to vacate a cul-de-sac that was at the corner of W. Tucannon Avenue and N. Pittsburgh Street. Per State Law vacated right-of-way goes to the adjacent parcel, and a 3,081 square foot portion of the vacated cul-de-sac went to the property at 1410 N. Pittsburgh Street and took the CG zoning of that parcel. The applicant has a purchase agreement with the adjacent property owner for that portion of property, however needs to change the zone to CC so that it can be combined with his parcel at 8901 W. Tucannon through the Boundary Line Adjustment process. Commercial Community (CC) zoning is a less intense zone than Commercial General (CG). CG zoning allows uses such as Construction Yards and Auto Body and Fender repair that are not allowed in CC zoning. The Comprehensive Plan Land Use Designation for the subject property is Commercial. Both Commercial General (CG) and Commercial Community (CC) are zoning designations that can be implemented in the Comprehensive Plan Commercial Land Use designation. A change of zone to CC would be consistent with the City’s Comprehensive Plan. Per KMC 18.03.040 (10 & 12), the purpose of CG and CC zoning districts are as follows: CG – “The purpose of the CG district is to provide areas for heavy commercial use, wholesaling and warehousing, services supporting the primary activities of the other commercial and industrial districts, and uses which are not compatible with retail commercial zoning districts”. CC – “The purpose of the CC district is to stabilize, improve and protect commercial areas, and to provide for orderly growth in new commercial areas in accord with the Comprehensive Plan. CC districts are intended for a wide range of uses to serve the community area which they are appurtenant.” Staff Comment: The area of zone change is relatively small and will change from a more intense zone, CG, to a less intense zone, CC. It is staffs opinion that the proposed change of zone will not have an impact on the surrounding properties. By approving this change of zone all the findings can be made that are required to approve a change of zone that are listed in KMC 18.51.070 The proposed amendment conforms with the comprehensive plan; and Promotes the public necessity, convenience and general welfare; and 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 ---PAGE BREAK--- EXHIBIT 1 Page 4 of 6 The proposed amendment is consistent with all applicable provisions of the Kennewick Municipal Code, including those adopted by reference from the Comprehensive Plan The above required findings to approve a change of zone have been listed below under the staff recommended findings. Surrounding Zoning: North: All property to the north across W. Tucannon Avenue and immediately adjacent to the north at the east side is zoned Commercial General (CG). East: Directly to the east the property is zoned Commercial Office (CO). South: Directly to the south is property zoned Commercial Community (CC). West: Directly to the west is property zoned Commercial Community (CC). Applicable Goals and Policies of the Comprehensive Plan: Commercial Goal 2: Sustain and enhance viable commercial areas. Staff Comment: The site to the south at 8901 W. Tucannon Avenue has been vacant but currently has plans under review for the construction of an office building with accessory storage. The change to CC will allow the east end of the proposed building to be built without a fire wall. Commercial Policy 2: Provided commercial areas sized and scaled appropriately for the neighborhood or community. Staff Comment: A change of zone to CC zoning will allow the property at 8901 W. Tucannon Avenue to be developed without restrictions of a property line at the northeast portion of the parcel. Land Use Implementation by Zoning: Per the land use zoning implementation table on page 5 of the City’s Comprehensive Plan, both Commercial General (CG) and Commercial Community (CC) zoning can be implemented in the Commercial Land Use category. Findings: 1. The applicant and property owner is Greg Markel (8911 W. Grandridge Boulevard, SuiteC, Kennewick, WA 99336). 2. The proposed change of zone is for a 3,081 portion of the parcel at 1410 N. Pittsburgh Street that was a result of a cul-de-sac right-of-way vacation. 3. The request is to change the zoning from Commercial General (CG) to Commercial Community (CC). 4. The City’s Comprehensive Plan Land Use Designation for the subject property is Commercial. ---PAGE BREAK--- EXHIBIT 1 Page 5 of 6 5. The Commerical Community (CC) zoning district is an implementing zone of the Commercial Comprehensive Plan Land Use Map designation. 6. The Property Posting sign was posted on site January 8, 2016. 7. The application was submitted on December 21, 2015 and declared complete for processing on December 21, 2015. 8. The application was routed for review to City Departments and outside agencies for comment on December 23, 2015. 9. Access to the site is currently provided from W. Tucannon Avenue and N. Pittsburgh Street. 10. An Environmental Determination of Non-Significance (ED 15-54) was issued on October 21, 2015 for the adjacent property at 8901 W. Tucannon Avenue. ED 15-54 was adopted on January 6, 2016. No appeals were filed for ED 15-54. 11. Notice of the public hearing for this application was published in the Tri-City Herald on January 17, 2016. Notices were also mailed to property owners within 300 feet of the site on January 12, 2016. 12. Staff received one written comment and one phone call from adjacent property owners requesting clarification of the proposal regarding the requested Change of Zone. 13. The proposed amendment conforms with the comprehensive plan; and 14. Promotes the public necessity, convenience and general welfare; and 15. 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 16. The proposed amendment is consistent with all applicable provisions of the Kennewick Municipal Code, including those adopted by reference from the Comprehensive Plan Conclusions: 1. Approval will change the zoning for the subject parcel from Commercial General (CG) to Commercial Community (CC). 2. Approval will implement Commercial Goal 2, and Commercial Policy 2 of the City of Kennewick Comprehensive Plan. 3. Approval will result in the public necessity, convenience or general welfare. 4. Approval will not result in any adverse environmental impacts. ---PAGE BREAK--- EXHIBIT 1 Page 6 of 6 Recommendation: Staff has reviewed the application and recommends that the Planning Commission concur with the findings and conclusions contained in staff report COZ 15-17 and recommend approval to City Council. Motion: I move that the Planning Commission concur with the findings and conclusions in staff report COZ 15-17 and recommend to City Council approval of the request. Report Prepared By and Contact Person: Wes Romine Development Services Manager [EMAIL REDACTED] [PHONE REDACTED]