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CITY OF KENNEWICK HEARING EXAMINER PUBLIC HEARING MONDAY, MARCH 14, 2011 Location: Kennewick City Hall Council Chambers 210 W. 6th Ave, Kennewick, WA 99336 Time: 6:00 p.m. A G E N D A Item Edward Rose & Sons Properties, LLC PDP 11-01/PLN-2011-00270 Applicant: Edward Rose & Sons Properties, LLC 30057 Orchard Lake Road, Suite #100, Farmington Hills, MI 48333 Proposal: Application for a Planned Development Permit (PDP) requesting deviations from normal development standards as allowed by PDP (KMC 18.45.) The deviations requested are for an increase in density from 13 units per acre to 14.3 units per acre and a height increase from 30-feet to 35-feet. Location: SW corner of W. Leslie Road (to be renamed Ridgeline) and S. Clodfelter Road intersection Zoning: Residential Medium Density (RM) Staff Contact: Wes Romine Phone: [PHONE REDACTED] The City of Kennewick welcomes full participation in public meetings by all citizens and does not discriminate on the basis of disability, pursuant to the requirements of the American with Disabilities Act of 1990, pub. L 101-336. No qualified individual with a disability shall be excluded or denied the benefit of participating in such meetings. If you wish to use auxiliary aids or require assistance to comment at this public meeting, please contact the City of Kennewick, Wes Romine, Development Services Department at (509) 585-4558 or TDD (509) 585-4425 or through the Washington Relay Service Center TTY at #711 at least ten days prior to the date of the meeting to make arrangements for special needs. ---PAGE BREAK--- EXHIBIT A-1 Page 1 of 7 STAFF REPORT TO HEARING EXAMINER PDP 11-01/PLN-2011-00270 EDWARD ROSE & SONS APARTMENTS MARCH 14, 2011 Applicant: Edward Rose & Sons Properties, LLC 30057 Orchard Lake Road, Suite #100 Farmington Hills, MI 48333 Engineer: J-U-B Engineers, Inc. 2810 W. Clearwater Avenue, Suite 201 Kennewick, WA 99336 City of Kennewick Staff Contact: Wes Romine, Development Services Manager Parcel Number: 112883000002001 Site Information: Location: SW corner of W. Leslie Road (to be renamed Ridgeline) and S. Clodfelter Road intersection Size: 45.74 acres. The site is a portion of a 53.7 acre parcel. There is currently a boundary line adjustment application being processed to create a parcel for the proposed project. Existing Zoning: Residential Medium Density (RM) Comprehensive Plan Designation: Medium Density Residential Topography: Rolling hills, 0-20% Slope Utilities: Water and Sewer is available in Leslie Road at the west side of the project area. PDP Key Dates: Application/Completeness Date: January 31, 2011 Date SEPA Issued: March 4, 2011 SEPA Appeal Period Ends: March 19, 2011 Public Hearing Date: March 14, 2011 Exhibits: A-1 Staff Report A-2 Application A-3 Notice of Application/Mailing A-4 Vicinity Map A-5 Plans and Elevations A-6 SEPA Determination A-7 Letter from Applicant with Deviation Request A-8 City Department and Outside Agency Comments ---PAGE BREAK--- EXHIBIT A-1 Page 2 of 7 Discussion: The proposed Planned Development Permit (PDP 11-01) is for a 642 unit apartment complex located on an approximately 45.74 acre area. The applicant has applied for a PDP to request deviations from our normal code (KMC 18.45). The deviations requested are for an increase in density from 13 units per acre to 14.3 units per acre and a height increase from 30-feet to 35-feet. The proposed Development Standards for the RM zoning district are listed below with the proposed deviations requested as allowed under KMC 18.45.020. RM Zoning District PDP Modification Requested Minimum Lot Size 4,000 sq. ft. No Modification Requested Max. Density (Units/Acre) 13 14.3 units per acre Min. Density (Units/Acre) 4 No Modification Requested Min. Lot Width 50-feet No Modification Requested Min. Structure Street Setback 15-feet No Modification Requested Min. Garage Street Setback 25-feet No Modification Requested Min. Side Yard Setback 5-feet No Modification Requested Min. Rear Yard Setback 15-feet No Modification Requested Max. Building Height 30-feet 35-foot Building Height: The applicant has stated that by allowing an increase in building height from 30-feet to 35- feet it will allow a third level to the building while keeping a roof pitch that is more appropriate for the building design, and the third level will reduce the building footprint on the site. The site currently contains a critical area of slopes greater than 15%. By allowing a smaller building footprint it will provide more flexibility in the placement of the buildings and potentially reduce the cut/fill required on the site and provide more protection of the critical areas. Per KMC 18.09.940 “Height of Building” means the vertical distance from the average contact ground level to the highest point of the coping of a flat roof, or the average height between eaves and the ridge of gable, hip, or gambrel roofs.” Per KMC 18.42.120, the Planning Director may approve, without notice, an increase in building height that does not exceed 10 percent of the standards of the zone in which it is located. The Planning Director can administratively approve a building height increase to 33-feet, which is only two feet less than the 35-feet requested in the PDP. By approving a deviation to our code to allow a 35-foot building height, it is staff’s opinion that the additional height would not be that noticeable and the increased height would not be detrimental to surrounding properties. Density: The applicant has stated that by allowing an increased density of up to 14.3 units per acre the developer will be able to provide a high quality attractive development that will meet and exceed the design standards of the City of Kennewick while still complying with the intent of the RM zoning district and Comprehensive Plan. ---PAGE BREAK--- EXHIBIT A-1 Page 3 of 7 KMC 18.45.020(3) allows an increase of not more than 10% if the “general health, safety, welfare and morals of the public will not be detrimentally affected, and the resulting development will be as good or better than that resulting from lot-by-lot development permitted by the Comprehensive Plan and City ordinances”. Traffic: The City’s traffic engineer has determined that the 642 unit apartment complex will generate 4,014 weekday vehicle trips, and per the applicants SEPA checklist they estimate that there will be 4,300 vehicle trips generated. The City’s traffic engineer thinks street improvements will need to be made to handle the additional traffic, and has ask for a contribution of up to $275,710 for the proportional share of impacts to the future Clearwater/Leslie roundabout, Leslie/Clodfelter roundabout and the 5-Corners roundabout. Fees will be collected as the project is built out based on a percentage of the number of units built in each phase. Depending on the timing of the intersection improvements and the timing of the building permit application(s) it is likely the applicant will not pay the full $275,710. Streets & Utilities: The City’s traffic engineer has also asked for half street improvements for streets adjacent to the project which include Leslie Road (to be renamed Ridgeline) and Clodfelter Road. Where Leslie & Clodfelter Roads abut the project they are currently not up to City standard with no City water or sewer in the streets. As part of City standard half street improvements, the applicant will be required to extend water & sewer which currently stops at the west end of the property on Leslie Road. Parks: Based on the City’s “Park Fee Determination Process” form, which uses land value and density of living units for the calculation it has been determined that for the 642 dwelling unit project the applicant will be required to pay $230,603.00 to mitigate impacts on park zone 7W-Five Corners). Park fees will be collected as the project builds out based on a percent of units in the phase of work that a building permit is applied for. Schools: In an e-mail from Doug Carl of the Kennewick School District dated February 17, 2011, it was stated that he spoke with one of the developer’s representatives and the school district has no concerns about this project. Zoning History: The project site was annexed into the City in August of 1995 (Ord #3647) with a Commercial Community (CC) zoning designation. The property was annexed with County standard roads with no curb, gutter, sidewalk or City water & sewer. In August of 2001 the zoning was changed to Business Park as part of the Clearwater Master Plan adoption (Ord #3981), and in April of 2008 the zoning was changed from Business Park (BP) to Residential Medium Density (RM) (Ord #5220). Legal Description: That portion of the north half of the southwest quarter AND the north half of the north half of the south half of the southwest quarter of Section 12, Township 8 North, Range 28 East, W.M., records of Benton County, Washington, lying westerly of Clodfelter Road; EXCEPT portion acquired by the State of Washington by judgment decree entered July 26, 1983, in Benton County Superior Court under Cause No. 82-2-00673-1, and EXCEPT a portion lying southerly of I-82 right-of-way and EXCEPT any portion lying in the west half of the northwest quarter of the southwest quarter of said Section 12. ---PAGE BREAK--- EXHIBIT A-1 Page 4 of 7 Public Notification: Notices of the hearing and development proposal were mailed to all property owners within 300-feet of the proposed parcel on February 23, 2011. A notice was published in the Tri- City Herald on February 27, 2011 and Public Notification sign no. 9047 was posted at the site February 1, 2011. Applicable Regulations: Planned Development Permits are regulated by KMC 18.45. Staff feels the following two sections are important to consider when deciding on approval or denial of a project: KMC 18.45.020(2), “The City may approve deviations from certain standards of this Code if the proposal better accommodates the physical conditions of the property and represents an equal or superior product than if applicable sections of the Code were strictly followed, but there may be no deviations from the street standards contained in KMC Titles 5 and 17. The City may reduce required walkways if adequate, safe, pedestrian routes are otherwise established.” It is staff’s opinion that by approving the requested deviations that the proposal will better accommodate the physical conditions of the property and represent an equal or superior product than if applicable sections of the code were strictly followed. KMC 18.45.040: Findings: A Planned Development Permit may be approved only when the following findings are made: The planned development generally conforms to the Comprehensive Plan and zoning district for use, density, open space, circulation, public facilities, and the standards of development set forth therein; The planned development generally conforms with the zoning district uses; The planned development forms an integrated whole of sufficient unity to justify exceptions to the normal regulations of the Kennewick Municipal Code; and The residential development will produce a desirable and stable residential environment in harmony with the surrounding property; or The Commercial development will have proper traffic circulation and parking and should have no adverse effects upon surrounding property; or The industrial development conforms with the applicable performance standards, railroad or truck access and necessary storage, and should have no adverse effects upon surrounding property. It is staff’s opinion that the above findings can be made for proposed project as conditioned. Other regulatory controls and policies include: City of Kennewick Comprehensive Plan KMC Chapter 18 KMC Chapter 5, KMC 5.56.040, KMC 5.56.060, KMC 5.56.070 & KMC 5.56.295 City of Kennewick Multi-Family Residential Design Standards Critical Area Ordinance, KMC 18.58 and KMC 18.62 Washington State Environmental Policy Act ---PAGE BREAK--- EXHIBIT A-1 Page 5 of 7 Comprehensive Plan: Staff is of the opinion that this request is consistent with and generally conforms to the City’s Comprehensive Plan, and it will implement, goals and policies of the Comprehensive Plan. Particularly the following: URBAN AREA POLICY 3: “Promote new growth consistent with the Comprehensive Land Use Map, the Capital Facilities Plan and the Capital Improvement Plan.” Multi-Family housing is a permitted use within Residential Medium Density zoning and land use. The project is in general conformance to the Comprehensive Land Use Map. CRITICAL AREAS AND SHORELINE GOAL 3: “Regulate or mitigate activities in or adjacent to critical areas or the shoreline to avoid adverse environmental impacts.” As conditioned a Critical Area report will be required prior to building permits being issued for this project. By allowing the requested deviation it will allow the applicant more flexibility with the placement of buildings, grading and retaining walls. 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.” A large majority of housing in Kennewick has been developed as single-family housing on larger lots, which has produced an overall density well below 3 units per acre. This project will provide a higher density development well above 3 units per acre and help bring the overall urban area density average up. RESIDENTIAL GOAL 4: “Encourage residential development only in urban areas where services can be provided.” City water & sewer is currently available at the west end of the project in Leslie Road. As conditioned for half street improvements services can be provided to this project. RESIDENTIAL POLICY 4: “Locate higher density residential areas close to shopping facilities, transit facilities, schools, public facilities, and arterials.” Land adjacent to the subject parcel is property zoned commercial which is under developed. It is anticipated that this project will spur development on the adjacent vacant commercial land. HOUSING GOAL 1: “Support and develop a variety of housing types and densities to meet the diverse needs of the population.” It is currently estimated that rental housing in the Tri-Cities is approximately 97% full. This project will add an additional 642 units of rental housing. The City of Kennewick hereby RECOMMENDS that Planned Development Permit #11- 01 be APPROVED with the following conditions: 1. Comply with City of Kennewick regulatory controls, policies and codes. 2. Prior to issuance of a building permit submit a Site Plan Application for approval with more detailed information so the City can confirm compliance with KMC Chapter 18 and the Multi-Family Residential Design Standards. Additional information shall include but is not limited to the City’s Critical Area Ordinance, Landscape details, Lighting details, Grading/Retaining walls, Accessory Building elevations, and Pedestrian Connections to the street and future bus stops. 3. Provide right-of-way and construct half street improvements along Leslie Road (Ridgeline Drive), and Clodfelter Road using a three lane cross-section to ---PAGE BREAK--- EXHIBIT A-1 Page 6 of 7 collector/arterial standards. The cross section shall include street, curb, gutter, street lighting, planter, and minimum of a 5 foot sidewalk. Using City of Kennewick Standard Drawing 2-4, Sheet 2 of 2, the face of curb shall be 24 feet from the roadway centerline, while the right-of-way shall be 26 feet from the centerline. A 15 foot minimum sidewalk and utility easement will be required. Transition from the existing 38 foot curb-to-curb section to the new 48 foot wide section shall occur over 135 feet. The existing right-of- way and easement lines should be modified to match these requirements. 4. Provide right-of-way for future roundabout or signal at Leslie (Ridgeline Drive) & Clodfelter. It appears that that provided on the corner may be enough once the changes required above are taken into account. The City Engineer will provide this requirement based on an initial design layout to be completed by City staff. 5. Developer shall be responsible for signing and marking on Leslie Road (Ridgeline Drive) and Clodfelter as necessary for their project. 6. The Leslie access point will require an 11 foot right-turn deceleration lane consisting of 100 feet of full width storage and 100 feet of taper. Widening will also be required as necessary (approximately 6’ on the north side) to provide for left-turns into the proposed access points. The taper rate on approach and departure shall be at 20:1. 7. The Clodfelter access point will require an 11 foot right-turn deceleration lane consisting of 150 feet of full width storage/deceleration and 100 feet of taper. 8. The developer shall contribute a maximum $275,710 total for the cost of adding roundabouts at the intersections of Leslie Road and Clearwater Avenue, the 5-Corners intersection of Hildebrand/Steptoe/Clodfelter/10th, and Leslie Road at Clodfelter Road to mitigate the project’s traffic impacts at these intersections. This amount can be paid by phases and the full amount may not be required depending on the timing of construction versus the timing of improvements. This can be accomplished with either an escrow agreement or irrevocable five-year letter of credit approved by the City. The standard escrow form may be obtained through the Public Works Administrative Office. 9. In lieu of dedication of park land and based on the “Park Fee Determination Process” calculation, pay park fees in the amount of $230,603 for impacts to Park Planning Zone 7W (Five Corners). The amount can be paid in phases based on a percentage of dwelling units being developed in each phase. 10. Provide a Storm Drainage System Comprehensive plan. The Comprehensive Storm plan needs to be approved by the City for the entire site prior to approval of Phase 1 construction plans. 11. Provide a Water System Comprehensive plan. The Comprehensive Water plan needs to be approved by the City for the entire project prior to approval of Phase 1 construction plans. Provide fire flow calculations with a fire hydrant at the higher elevation. 12. Provide a Sanitary Sewer Comprehensive plan. The Comprehensive Sewer plan needs to be approved by the City prior to approval of Phase 1 construction plans. 13. Provide a separate irrigation system for the project. City potable water cannot be used for irrigation. 14. Water line easements will be required outside the City right of way in a 10-foot wide water line easement centered over the water lines and extending 5-feet beyond the fire ---PAGE BREAK--- EXHIBIT A-1 Page 7 of 7 hydrants. Dedication of the easement will be required and a copy of the recorded dedication must be submitted to the City prior to acceptance of the Utility Permit. 15. A Building Permit is required prior to commencement of construction. 16. A Utility Permit is required prior to commencement of construction of street and utility work. Report Prepared By and Contact Person: Wes Romine Development Services Manager [EMAIL REDACTED] [PHONE REDACTED]