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Findings, Conclusions, and Decision Kennewick Hearing Examiner Sage Crest Phases 3 and 4 Preliminary Plat, PP 11-05 page 1 of 9 BEFORE THE HEARING EXAMINER FOR THE CITY OF KENNEWICK In the Matter of the Application of ) PP 11-05 ) Matt Smith on behalf of ) Sage Crest Phases 3 and 4 William Smith Properties Inc. ) ) ) For Preliminary Plat ) FINDINGS, CONCLUSIONS, AND ) DECISION SUMMARY OF DECISION The requested preliminary plat to subdivide 15.89 acres into 68 single-family residential lots is APPROVED subject to conditions. SUMMARY OF RECORD Matt Smith, on behalf of William Smith Properties Inc. (Applicant), requested approval of a preliminary plat subdividing 15.89 acres into 68 single-family residential lots. The subject property is located south of Ridgeline Drive, west of Southridge Boulevard in Kennewick, Washington. Request On December 9, 2013, the City of Kennewick Hearing Examiner conducted an open record public hearing on the request. 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 John Ziobro, Applicant Representative 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 Sage Crest Phases 3 and 4 Preliminary Plat, PP 11-05 page 2 of 9 6. Traffic Trip Generation Letter 7. Critical Area Report 8. Development Agreement 9. SEPA Determination 10. City Department Comments, including: a. Kennewick Public Works comments, dated December 6, 2012 b. Kennewick Traffic Engineer comments, dated November 7, 2013 c. Kennewick Fire Department comments, dated December 5, 2012 d. Kennewick Parks and Recreation comments, dated December 5, 2012 11. Outside Agency Comments, including: a. Kennewick Irrigation comments, dated March 19, 2013 b. Washington State Department of Ecology comments, dated December 5, 2012 c. Benton PUD comments, dated November 18, 2013 d. Cascade Natural Gas comments, dated November 12, 2013 12. Comment from Kennewick School District, dated November 27, 2013 13. Planning Staff's PowerPoint presentation 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 15.89 acres into 68 single-family residential lots, to be developed in two phases, as a continuation of the Plat of Sage Crest. Phase 3 would comprise 39 lots in the eastern portion of the site, and Phase 4 would be 29 lots in the western portion of the site. The subject property is located south of Ridgeline Drive, west of Southridge Boulevard at S. Lincoln Street in Kennewick, Washington.1 Exhibit 1, pages 1-2; Exhibit 2; Exhibit 5. 2. The subject property was annexed in April 2006 with Residential Medium Density (RM) zoning designation. In December 2011 the zoning designation for the majority of the subject area was changed to RM. In February of 2008, a development agreement was approved for 328 acres including the subject property which remains in effect in the instant proposal. Exhibit 1, page 3; Exhibit 8. 1 The legal description of the subject property is that portion of Short Plat 857, according to the Survey thereof recorded under Auditor’s File Number 802989, and the Southeast Quarter of Section 17, Township 8 North, Range 29 East, W.M., Benton County, Washington; also known as Parcel Nos. 1-1789-401-0857-010 and a portion of 1- 1789-400-0002-007. Exhibit 1, page 1; Exhibit 5. ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Sage Crest Phases 3 and 4 Preliminary Plat, PP 11-05 page 3 of 9 3. The application (PP 11-05) was submitted September 9, 2011. Because no critical area report was submitted, it was deemed incomplete and was not processed. On November 9, 2012, the Applicant submitted a critical area report satisfying the City's reporting requirements and the project was deemed complete on November 26, 2012. At that time, the Applicant requested to place the application on hold for market reasons. Review resumed in the fall of 2013. Exhibit 1, page 3; Romine Testimony. 4. Surrounding properties are primarily residential with single-family housing lots. Vacant property adjacent to the west is owned by the Applicant, on which similar development is anticipated in the future. East of the site is a residential subdivision containing lots and houses similar to those proposed. Across Ridgeline Drive to the north, larger lots developed with single family homes may likely be subdivided in the future as development continues in the area. The Kennewick Irrigation District Amon Pump Lateral (an irrigation canal) borders the site to the south, separating it from industrially zoned property farther south. Other land uses in the vicinity include Southridge High School, the new Trios Hospital, the City’s Southridge Sports Complex facility, and retail commercial development. Exhibit 1, pages 6-7. 5. Single-family residential development is allowed the in RM district with a minimum lot size of 4,000 square feet. The maximum density allowed per the zoning code is 13 units per acre; however the 2008 Development Agreement approved by City Council at section 3.6.2 states that the developer “will endeavor to meet a targeted overall net density average of 4.1 units per acre during the course of developing the eastern portion of the Property consisting of the approximately 120 gross acres”. With 68 lots proposed on 13.01 net acres, the project would result in a density of 5.23 units per acre. At the time the Development Agreement was approved, the RM zone required a minimum density of four units per acre; the minimum density has since been eliminated. With the proposed 5.23 lots per acre and the smallest proposed lot at 5,199 square feet, the proposal satisfies both the current RM standards and the Development Agreement. Exhibit 1, page 4; Exhibit 8. 6. The plat would connect to public roads to the north at two stubs from Sage Crest Phases 1 and 2: S. McKinley Street and S. Lincoln Street. In the southern end of the plat, W. 41st Avenue would connect to Southridge Boulevard to the east and stub out to the west. An additional road, W. 38th Avenue would connect to W. 41st Avenue at its eastern terminus and would stub out to the west boundary of the plat. Full street improvements for the new internal public would be required to satisfy the City road standards to which the project is vested, although section 4.2.7 of the Development Agreement authorizes deviations from residential street standards if “authorized by the City and agreed to by the Developer”. Due to hilly site topography, the Applicant has indicated the need to utilize curb tight sidewalks, which were not allowed under the City road standards to which the project is vested. Planning Staff indicated that curb tight sidewalks would likely be allowed in the proposal because they are now allowed as an option for residential streets. Separate permits would be required from the Department of Public Works prior to construction for driveways, sidewalks, wheelchair ramps, and utility extensions. A ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Sage Crest Phases 3 and 4 Preliminary Plat, PP 11-05 page 4 of 9 secondary emergency vehicle access would connect to Southridge Boulevard to the east. Exhibit 1, page 5; Exhibit 6. 7. The Applicant submitted a trip generation and distribution letter prepared by a professional traffic consulting firm. The traffic consultant indicated that the 68 proposed lots would generate 647 average daily trips, including 51 in the AM peak hour and 68 in the PM peak hour. Of the new PM peak hour trips, 45% are anticipated to travel to/from the east on Ridgeline Drive to US 395; 35% would travel to/from the west on Ridgeline Drive; 10% would travel to/from the north on Southridge Boulevard; and 10% would travel to/from the Southridge Sub Area, accessing commercial development west of US 395. The City’s traffic engineer determined that the information in the traffic letter showed that this project meets concurrency for transportation. Exhibit 6: Exhibit 1, page 4; Deskins Testimony. 8. The City of Kennewick has several transportation projects in planning for the road network in the vicinity of the subject property, which area was recently annexed. The primary projects include intersection improvements at US 395 and Ridgeline Drive, a roundabout at the Ridgeline Drive/Sherman Street intersection, and a roundabout at Hildebrand Boulevard and Sherman Street. To mitigate traffic impacts to the affected intersections the Applicant would be required to pay $33,793 in traffic mitigation fees. Exhibit 6; Exhibit 1, page 4. 9. Stormwater runoff from the proposed new impervious surfaces would be required to be controlled. The 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, which would include a stormwater plan demonstrating compliance with City standards. Exhibit 1, page 5. 10. The project would connect to municipal water and sewer; each utility has capacity to serve the 68 new lots. All proposed lots are above the 810 elevation and Zone 5 water is required to serve the preliminary plat area. Section 4.6 of the Development Agreement requires the Applicant to pay $800 for each lot platted above the 810 elevation, which in this case is all lots. The fee, which is collected at building permit issuance, would contribute to the Zone 5 water reservoir facility system. Existing 16-inch waterlines on W. 41st Avenue east of Southridge Boulevard and north of W. 38th Avenue are available for extension into the plat. An existing eight-inch sanitary sewer line installed with Sage Crest Phase 2A is available from the south side of S. Lincoln Street. Exhibit 10a. 11. The subject property contains Steep Slope (15% - 40% slopes) and Erosion Hazard critical areas as defined in Kennewick’s critical area code and maps. The City's critical area ordinance was approved by City Council November 21, 2007 and was in effect at the time the Development Agreement was approved. All development within the area covered by the agreement is vested to the codes in effect at the time the Development Agreement was approved. The Applicant submitted a professionally prepared critical ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Sage Crest Phases 3 and 4 Preliminary Plat, PP 11-05 page 5 of 9 area report in September 2012 and a geotechnical addendum in November 2012, which concluded that the proposed development is "benign from a geohazards perspective" (Exhibit 7, page 1) and that is "is important that erosion protection is designed and installed during and after construction." Exhibit 7, page 1. The majority of site slopes greater than 15% are in Phase 4. The geotechincal memorandum noted that building on any hillside carries the inherent risk of rock and soil moving towards low spots over time, and noted that water added to the soil exacerbates and accelerates the process. Mitigation addressing the potential erosion risk is recommended as follows: • All debris, grub materials, etc., shall wither be used for landscape fill or hauled away at the direction of the geotechnical engineer. • An examination of the cut shows the cut and fill materials will be principally medium to coarse angular gravel with some cobble. This material, if used, does not lend itself to density testing. Therefore the geotechnical engineer or representative should develop a method specification with monitoring as required. • The geotechnical engineer should review the site grading plan, including placement of retaining walls to ensure slopes if any are property protected for erosion and stable. Exhibit 7, page 3. Construction would be required to comply with the recommended mitigation and all provisions of the critical area reports. Any retaining walls over four feet in height must be designed by a licensed engineer. Exhibit 1, page 6; Romine Testimony. 12. The subject property is in the service area of the Kennewick School District. Upon receipt of the application information, the District submitted comments indicating that student residents of the plat would attend Lincoln Elementary School, Highlands Middle School, and Southridge High School. The District has capacity to add students at all levels and at the three schools specifically. Only the high 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 middle school students would be bussed. All new residential streets within the Sage Crest subdivision would be provided with five-foot wide sidewalks and would connect to Ridgeline Drive, which has sidewalks connecting to Southridge High School, providing a safe walking route to school. Exhibit 12. 13. The subject property is located in park zone 6W – Southridge. Section 4.3 of the Development Agreement establishes acceptable forms of dedication for park and open space. The subject property does not contain any acceptable forms of park land dedication. The City and Developer have agreed that park impact fees are acceptable in lieu of park land dedication. Park fees were addressed through environmental review for the project. Exhibit 1, page 5; Exhibit 10.d. 14. The proposed single-family residences are planned to fall within a medium price range. Exhibit 1, page 8. ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Sage Crest Phases 3 and 4 Preliminary Plat, PP 11-05 page 6 of 9 15. 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. 16. The City of Kennewick acted as lead agency in reviewing the plat 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 November 8, 2013, requiring mitigation of parks and transportation impacts through the payment of fees. No party appealed the MDNS. Exhibit 9; Romine Testimony; Exhibit 1, page 3. 17. Notice of public hearing was posted on-site on November 12, 2013, mailed to surrounding property owners on November 20, 2013, 2013, and published on November 24, 2013. Notice was provided consistent with City requirements. Exhibit 1, page 3; Exhibit 3. The City received no public comment on the proposal. Romine Testimony. 18. Upon completion of review, and considering evidence offered at hearing, 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 8-9; Ziobro Testimony. ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Sage Crest Phases 3 and 4 Preliminary Plat, PP 11-05 page 7 of 9 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 68 connections and the project would extend these utilities to each lot in the plat. A per-lot fee of $800 would be contributed to the Zone 5 water reservoir facility system. The required critical area reports were 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 4, 5, 8, 10, 11, 13, 14, and 15. Conclusions Based on Findings 2. Single-family residential development is permitted in the RM zone, and the proposed density of 5.23 units per acre is consistent with RM development standards and with the requirements imposed by the Development Agreement to which the plat is subject. 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 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 2, 5, 6, 7, 8, 9, 10, 11, 12, 13, 16, and 18. ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Sage Crest Phases 3 and 4 Preliminary Plat, PP 11-05 page 8 of 9 DECISION Based on the preceding findings and conclusions, the requested approval of a preliminary plat subdividing 15.89 acres into 68 single-family residential lots is GRANTED subject to the following conditions: 1. Construction shall comply with City of Kennewick regulatory controls, policies and codes, including the Single-family Residential Design Standards in effect at the time the Development Agreement was approved on February 20, 2008. 2. Construction shall comply with provisions of the Development Agreement between the City and applicant. 3. All fees required by the City shall be paid prior to the approval of the final plat. 4. The developer shall construct residential streets per City of Kennewick Standard Detail 2- 1, sheet 2 of 4. However, if “expressly authorized by the City and agreed to by Developer” curb tight sidewalks may be used. 5. Development shall be in conformance with the plat drawing in the record at Exhibit 5. 6. Landscaping, including residential street trees, is required to be installed or bonded for prior to final plat of the phase it is in. 7. Construction shall comply with provisions of the critical area report including the mitigation measures. 8. The developer shall execute a written agreement to the satisfaction of the City Attorney that will allow the City to make arrangements for maintenance of any common areas, open spaces, private roads, and landscape areas should the homeowner’s association fail or refuse to maintain these areas. 9. All landscaped areas to be irrigated with an automatic sprinkler system or drip irrigation system. Xeriscape landscaping is encouraged. 10. Construction shall comply with the Public Works memorandum dated December 6, 2012 at Exhibit 10.a. 11. Construction shall comply with Traffic Engineer memorandum dated November 7, 2013 at Exhibit 10.b. 12. Construction shall comply with Fire Department Comments dated December 5, 2012 & November 12, 2013 at Exhibit A-10.c. 13. Construction shall comply with Benton PUD and Utility Company requirements for easements and power services for the plat. 14. Construction shall comply with Kennewick Irrigation District letter dated March 19, 2013 at Exhibit 11. ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Sage Crest Phases 3 and 4 Preliminary Plat, PP 11-05 page 9 of 9 15. Individual geo-tech 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. 16. 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. 17. The developer shall pay $800.00 for each lot platted above the 810 elevation, to be collected at the time a building permit is issued to improve the lot. 18. In lieu of dedication of park land, the Developer and City have agreed that park fees shall be paid by the Developer in the amount of $12,263.70 for impacts to Park Planning Zone 6W-Southridge. Park fees will be collected prior to signing the final plat mylar as a percentage of lots in each final plat phase. 19. The developer shall pay traffic mitigation fees in the amount of $33,793.00 for impacts to the intersections at Ridgeline/US 395, Hildebrand/Sherman Street, and Ridgeline/ Sherman Street. Fees will be collected prior to signing the final plat mylar as a percentage of lots in each final plat phase. DECIDED December 23, 2013. By: Sharon A. Rice City of Kennewick Hearing Examiner