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December 16, 2013 Planning Commission Workshop Agenda KENNEWICK PLANNING COMMISSION Notice of Planning Commission Workshop Meeting The Kennewick Planning Commission will meet December 16, 2013 at 6:30 p.m. in the Kennewick City Hall Council Chambers, 210 W. 6th Ave for a workshop meeting. (Workshop agenda below) The Community Planning Department is pleased to inform you that all Planning Commission agendas, minutes and current meeting packet information are available to you through the City of Kennewick website: www.go2kennewick.com If you have comments or questions – please contact: Gregory McCormick, AICP Planning Director [PHONE REDACTED] Workshop Agenda 1. Batch 5 and 6 Code Amendments ---PAGE BREAK--- December 16, 2013 Planning Commission Agenda 12/16/2013 PLANNING COMMISSION AGENDA 7:00 p.m. 1. CALL TO ORDER: a. Roll Call/Pledge of Allegiance 2. CONSENT AGENDA: All matters listed within the Consent Agenda have been distributed to each member of the Kennewick Planning Commission for reading and study. They are considered routine and will be enacted by the one motion of the Commission with no separate discussion. If separate discussion is desired, that item may be removed from the Consent Agenda and placed on the regular agenda by request. a. Approval of the Minutes dated October 10, 2013 b. Approval of Agenda c. Motion to enter Staff Report(s) into Record 3. PUBLIC HEARING: a. Change of Zone (COZ) No. 13-05 from Residential, Medium (RM) & Commercial, General-Limited (CG-L) to Commercial, Community (CC) 4. VISITORS NOT ON AGENDA: 5. OLD BUSINESS: 6. NEW BUSINESS: 7. REPORTS, COMMENTS, OR DISCUSSION OF COMMISSIONERS AND STAFF: 8. ADJOURNMENT: ---PAGE BREAK--- October 7, 2013 Planning Commission Meeting Page 1 of 4 KENNEWICK PLANNING COMMISSION OCTOBER 7, 2013 MEETING MINUTES CALL TO ORDER Chairman Mayfield called the meeting to order at 7:27 p.m. Recorder Terri Wright called the roll and found the following: Present: Commissioners Fraser Hawley, Raymond Hui, Bobbie Littrell, Victor Morris, Vice Chairman Ruff and Chairman Craig Mayfield Excused: Commissioner Ed Pacheco Chairman Mayfield led the Pledge of Allegiance. Staff: Greg McCormick, AICP Planning Director and Terri Wright, Recorder CONSENT AGENDA a. Approval of Minutes dated August 19, 2013 b. Approval of Amended Agenda c. Motion to enter Staff Reports into the Record Mr. Morris moved to approve the consent agenda. Vice Chairman Ruff seconded the motion. The motion carried unanimously. PUBLIC HEARINGS Chairman Mayfield explained the public hearing procedures. He then opened the public hearing for Zoning Ordinance Amendment (ZOA) 13-05. Mr. McCormick gave an overview of the staff report. He stated staff has reviewed the request and recommends the Planning Commission forward a recommendation of approval to the City Council with the following changes: 1. Item B(a) Allow detached accessory dwellings (ADU) limiting one ADU of any type per parcel. CURRENT PROPOSAL 2. Item B(b) Adopt a minimum lot size of 10,000 square feet for the “detached” ADUs only. 3. Item B(c) compliance with other codes is really not a necessary item to include because it is covered under other sections of the Kennewick Municipal Code. 4. Item B(d) lot coverage is not a standard in the Kennewick Municipal Code and suggests it not be included and that the existing height limit for accessory structures is sixteen (16) feet in the Kennewick Municipal Code and staff suggest this standard be kept in place. The way building heights are measured in the city is not to the peak of the roof, if it is a pitched roof it is the average between the eave line and the peak. ---PAGE BREAK--- October 7, 2013 Planning Commission Meeting Page 2 of 4 5. Item B(e) building size, limiting to ten (10) percent of the lot area and currently there is not restriction on accessory structures other than meeting applicable setback requirements. 6. Item B(l) utilities – these items are really not necessary because they are covered in other portions of the Kennewick Municipal Code. The Commissioners asked for clarification on the changes staff is recommending to the request. Vice Chairman Ruff asked what the benefit would be to allow a detached accessory dwelling unit that was not already being provided by the attached accessory dwelling unit. Mr. McCormick stated mainly it allows more flexibility and that it can allow more separation between the families making them feel more like they are still living on their own. Mr. Morris asked questions about the “Grace Period” for ADUs which were established prior to this change and how they would be notified and what the impact on them would be. Mr. Hui expressed concerns about the restriction of the number of people living in the accessory dwelling unit. Public testimony in favor: Renee Brooks Home Builders Association of Tri-Cities (representative) 1201 W. 4th Ave Kennewick They are the applicant for this proposal and the point of this request was to allow more flexibility, allow some increase in density as needed and to give homeowners an option to do this on their property with certain restrictions. The restriction on the number of people living in the home was something she had seen in other codes and also not include. She didn’t want to leave anything out of the draft. It is not something they are opposed to removing. Mr. Hui asked Ms. Brooks if the builders she represents would want the restriction to the number of people allowed to live in the unit or would they want it removed. Ms. Brooks stated she didn’t know if they would have an opinion. It is a personal property rights issue and their membership tends to be much more in favor property rights so taking that out would probably be more than ok. Jonathan Jones 8007 W. Imnaha Ave Kennewick He has been working with cities to get the detached ADUs accepted and he is in favor of allowing them. Public testimony neutral or against: ---PAGE BREAK--- October 7, 2013 Planning Commission Meeting Page 3 of 4 Jim Wade 1813 S. Rainier Pl Kennewick He disagrees with the restriction of one of the dwelling units being owner occupied and having a restriction on the number of people living in the unit with no more than two over the age of 16 years. He doesn’t feel it is right for the city or county to say what he can do with his property. Ms. Littrell asked Mr. McCormick to explain the Uniform Building Standards that the Housing Industry relied on for the number of square feet per person to occupy a unit and it is suppose to be for safe and sanitary. It is often used to justify why there are so many limits to the amount of people in there and the reasons for it. Mr. McCormick said he couldn’t give a detailed response but in terms of occupancy limits he was under the impression that they applied to non-residential; commercial, assemblies and those types of use. Chairman Mayfield closed the public testimony portion of the public hearing for Zoning Ordinance Amendment (ZOA) 13-05. Mr. Hui moved that the Planning Commission concur with the findings and conclusions in staff report ZOA 13-05 and recommend to City Council approval of the request with the striking of 18.12.020 regarding occupancy. Mr. Morris seconded the motion. Discussion Vice Chairman Ruff will be voting against the change. He feels there is very little or no benefit other than flexibility and all the findings from staff deal with ADUs and they are adequately covered by attached ADUs. Ms. Littrell stated she felt it was really important to limit the amount people per square footage and she would be voting against this motion because the occupancy section was removed. The motion failed due to a tie roll call vote. (Mr. Hui, Mr. Morris and Chairman Mayfield in favor; Mr. Hawley, Ms. Littrell and Vice Chairman Ruff opposed.) Ms. Littrell moved that the Planning Commission concur with the findings and conclusions in staff report ZOA 13-05 and recommend to City Council approval of the request. Mr. Hui seconded the motion. Discussion Vice Chairman Ruff will be voting no for the same reason stated above. Mr. Morris stated he agreed with limiting the number of people living in such a small unit but he did have concerns about the age limit being suggested. The motion passed by a 4 to 2 roll call vote. (Mr. Hawley, Mr. Hui, Ms. Littrell and Chairman Mayfield in favor; Mr. Morris and Vice Chairman Ruff opposed.) ---PAGE BREAK--- October 7, 2013 Planning Commission Meeting Page 4 of 4 VISITORS NOT ON AGENDA: None OLD BUSINESS: None NEW BUSINESS: None REPORTS, COMMENTS, OR DISCUSSION OF COMMISSIONERS AND STAFF: Chairman Mayfield stated he would be on vacation for the first 10-days of November so he would not be at the November 4th meeting. Ms. Littrell said she would be unable to attend any meetings probably until December due to medical reasons. ADJOURNMENT: The meeting adjourned at 8:20 p.m. ---PAGE BREAK--- Staff Report COZ 13-05 1 STAFF REPORT COZ 13-05 Community Planning Anthony Muai City of Kennewick Planner To: Planning Commission Date: December 16, 2013 PROPOSAL: Change of Zone from Residential, Medium (RM) & Commercial, General – Limited (CG-L) to Commercial, Community (CC) APPLICANT: Maverik, Inc . (880 West Center St., North Salt Lake, UT 84054) OWNER: John & Karen Weese (6320 W. Clearwater Ave., Kennewick, WA) & Barbara J. Skarperud Living Trust (8616 SE 40th St., Mercer Island, WA 98040) Site Information • Size: 1.7 acre • Location: 4278 & 4306 W. Clearwater Ave. • Topography: The SEPA checklist states that the site is flat • Existing Comprehensive Plan Designation: Commercial • Existing Land Use: 4278 W. Clearwater Ave. is vacant. 4306 W. Clearwater Ave. has various retail and personal services Exhibits • Exhibit A-1: Aerial Map • Exhibit A-2: Zoning Map • Exhibit A-3: Comprehensive Plan Map • Exhibit A-4: Application • Exhibit A-5: Environmental Determination 13- 45 Not to scale ---PAGE BREAK--- Staff Report COZ 13-05 2 Application Process • Application Submitted October 28, 2013 • Application routed for comments November 1, 2013 • Property posting notification sign was posted on site on November 22, 2013 • Determination of Non-Significance (ED 13-45) issued on November 20, 2013 • Notice of Hearing mailed November 13, 2013 • Notice of Hearing published December 1, 2013 Surrounding Comprehensive Plan, Zoning and Land Uses North Comprehensive Plan – Medium Density Residential Zoning – Residential, Medium (RM) Existing Land Uses – Vacant South Comprehensive Plan – Commercial Zoning – Commercial, Community (CC) Existing Land Uses – retail East Comprehensive Plan – Commercial Zoning – Commercial, Community (CC) Existing Land Uses – retail, West Comprehensive Plan – Commercial Zoning – Commercial, Community (CC) Existing Land Uses – Office, service and retail Regulatory Controls • City of Kennewick Comprehensive Plan • Kennewick Municipal Code Title 4 • Kennewick Municipal Code Title 18 Description of Request Change of Zone 13-05 is a request to change 1.7 acres from Residential, Medium (RM) and Commercial, General-Limited (CG-L) to Commercial, Community (CC). This request is a follow up to Comprehensive Plan Amendment 13-01 (CPA 13-01) which was approved by City Council on October 8, 2013 by Ordinance 5516. Background The site is comprised of two parcels fronting W. Clearwater Ave. They are located near the corner of Volland/Union St. and Clearwater Ave. The applicant is proposing this rezone in order to combine four parcels at the corner and construct a convenience store with gas station. The portion of the site zoned Residential, Medium (RM) was rezoned from Commercial, Community (CC) to RM in 2009. In addition, the portion zoned Commercial, General – Limited (CG-L) was given limitations that restricted uses on the parcel to all those allowed in the CC zone, and only a handful of uses in the CG zone. Analysis The change to Commercial, Community (CC) is consistent with the zoning of the abutting properties to the east, west and south and will implement the comprehensive plan land use designation. The change ---PAGE BREAK--- Staff Report COZ 13-05 3 will allow for the four parcels at the northeast corner of N. Volland St. and W. Clearwater Ave. to be combined and redeveloped. The change will also fill in a gap in commercial zoning along W. Clearwater Ave. in this area. Adequate access and utilities for additional development are available at the site. Additional development consistent with the proposed rezone will be in accord with City standards regarding concurrency, the Kennewick Municipal Code (including the Commercial Design Standards) 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 existing comprehensive plan land use designation is Commercial. The requested zone is Commercial, Community (CC). The CC zone is an implementing zone of the Commercial land use designation. 2. Promotes the public necessity, convenience and general welfare; and Staff Response: The proposal promotes the public necessity, convenience and general welfare by filling in a gap in one of the City’s major commercial corridors allowing for the redevelopment of an outdated commercial site. 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: Utilities exist at the site and are adequate to support additional commercial development. 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. Specifically, the proposal seeks to achieve the following goals: • Urban Area Goal 2: Encourage growth within the Urban Growth Boundary • Commercial Goal 2: Sustain and enhance viable commercial areas 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: The Residential, Medium (RM) zone is not a single-family residential zone, therefore the requirement to make this finding is not applicable. ---PAGE BREAK--- Staff Report COZ 13-05 4 Findings 1. The applicant is Maverik, Inc . (880 West Center St., North Salt Lake, UT 84054). 2. The owners are John & Karen Weese (6320 W. Clearwater Ave., Kennewick, WA) & Barbara J. Skarperud Living Trust (8616 SE 40th St., Mercer Island, WA 98040). 3. The request is to change the zoning of approximately 1.7 acres from Commercial, General- Limited (CG-L) and Residential, Medium (RM) to Commercial, Community (CC). 4. The application was submitted on October 28, 2013 and was routed for review to various City Departments and other local, state and federal agencies for comment on November 1, 2013. 5. A Determination of Non-Significance (ED 13-45) was issued on November 20, 2013 for this application. 6. Property posting notification sign was posted on site on November 22, 2013 notifying the public of the public hearing to be held on December 16, 2013 at 7:00 p.m. in the Council Chambers at Kennewick City Hall. 7. Notice of the public hearing for this application was mailed to property owners within 300 feet of the site on November 26, 2013. Notices were also published in the Tri-City Herald on December 1, 2013. 8. The site is currently served by City sewer and water in W. Clearwater Ave. 9. Access to the site is currently provided from W. Clearwater Ave. 10. The proposed amendment is adjacent to Commercial, Community (CC) and Residential, Medium (RM) zoned lands. 11. The proposed amendment conforms with the comprehensive plan. The existing comprehensive plan land use designation is Commercial. The requested zone is Commercial, Community (CC). The CC zone is an implementing zone of the Commercial land use designation. 12. The proposal promotes the public necessity, convenience and general welfare by filling in a gap in one of the City’s major commercial corridors allowing for the redevelopment of an outdated commercial site. 13. 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. Utilities exist at the site and are adequate to support additional commercial development. 14. The proposed amendment is consistent with the provisions of the Kennewick Municipal Code and the Comprehensive Plan. Specifically, the proposal seeks to achieve the following goals of the comprehensive plan: • Urban Area Goal 2: Encourage growth within the Urban Growth Boundary • Commercial Goal 2: Sustain and enhance viable commercial areas ---PAGE BREAK--- Staff Report COZ 13-05 5 Conclusions 1. Approval will change the zoning for the subject 1.7 acre site from Commercial, General-Limited (CG-L) and Residential, Medium (RM) to Commercial, Community (CC). 2. Approval will implement the Commercial land use designation 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 13-05 and recommend approval to City Council. Motion I move that the Planning Commission concur with the findings and conclusions in staff report COZ 13-05 and recommend to City Council approval of the request. ---PAGE BREAK--- COZ 13‐05 Aerial Map Exhibit A-1 ---PAGE BREAK--- COZ 13‐05 Zoning Map Residential, Low Residential, Medium Residential, High Commercial, General - Limited Commercial, Community Commercial, Office Exhibit A-2 ---PAGE BREAK--- COZ 13‐05 Comprehensive Plan Land Use Map Low Density Residential Medium Density Residential High Density Residential Industrial Commercial Public Facility Exhibit A-3 ---PAGE BREAK--- Exhibit A-4 4278 W. Clearwater. Ave & 4306 W. Clearwater Ave. 6320 W. Clearwater Ave. 1-3499-301-3416-005 2013 03599 COZ 13 05 700.00 ---PAGE BREAK--- Exhibit A-5