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Staff Report COZ 12-15 1 STAFF REPORT COZ 12‐15 Community Planning Anthony Muai City of Kennewick Planner To: Planning Commission Date: February 4, 2012 PROPOSAL: Change of Zone from Residential, Low (RL) to Residential, Medium (RM) for 0.461 acres APPLICANT AND OWNER: Adams Living Trust (Julie Ahlers, 4601 W. Hood Ave., Kennewick, WA 99336) Site Information Size: 0.461 acres Location: 4911 W. Canal Dr. Topography: Flat Existing Comprehensive Plan Designation: Medium Density Residential Existing Land Use: Vacant office with attached residence 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 12‐ 83 Exhibit A‐6: Public Comment Not to scale Exhibit A ---PAGE BREAK--- Staff Report COZ 12-15 2 Application Process Application Submitted December 12, 2012 Application routed for comments December 13, 2012 Kennewick Zoning Matters notification sign #9047 was posted on site December 13, 2012 Determination of Non‐Significance (ED 12‐83) issued on January 7, 2013 Notice of Hearing mailed January 18, 2013 Notice of Hearing published January 20, 2013 Surrounding Comprehensive Plan, Zoning and Land Uses North Comprehensive Plan – Low Density Residential Zoning – Unincorporated land Existing Land Uses – Single‐family residences South Comprehensive Plan – Low Density Residential Zoning – Residential, Low (RL) Existing Land Uses – Single‐family residences East Comprehensive Plan – Low Density Residential Zoning – Residential, Low (RL) Existing Land Uses – Single‐family and multi‐family residences West Comprehensive Plan – Medium Density Residential Zoning – Residential, Medium (RM) Existing Land Uses – Multi‐family residences Regulatory Controls City of Kennewick Comprehensive Plan Kennewick Municipal Code Title 4 Kennewick Municipal Code Title 18 Description of Request Change of Zone 12‐15 is a request to change 0.461 acres from Residential, Low (RL) to Residential, Medium (RM). This request is a follow up to Comprehensive Plan Amendment 12‐07 (CPA 12‐07) which was approved by City Council on October 2, 2012 by Ordinance 5445. Background This site has an existing building that was used as a residence and doctor’s office. The doctor operated out of half of the structure while the remaining was used as his residence. The existing building is a legal non‐conforming use as mixed use is not permitted in the Residential, Low (RL) zone. KMC 18.51.070(2): Findings: Findings Required. In order to amend the zoning map, the City Council must find that the proposed amendment 1conforms with the comprehensive plan and 2promotes the public necessity, convenience and general welfare. 1. This proposed change conforms to the Comprehensive Plan Land Use Map. Exhibit A ---PAGE BREAK--- Staff Report COZ 12-15 3 2. The proposed amendment furthers the public health, safety, welfare, and protection of the environment by allowing the vacant building on site to be put back to use as residences. Analysis This site is located in an area that is comprised of properties that are zoned Residential, Low (RL) and Residential, Medium (RM) with single‐family homes, duplexes, tri‐plexes and four‐plexes throughout. The site is also located on the southwest corner of W. Canal Dr. and N. Arthur St. and the abutting properties are zoned Residential, Medium (RM) to the west and Residential, Low (RL) to the south. The property opposite this site on N. Arthur St. has three units and there are duplexes interspersed along W. Canal Dr. in the vicinity. The applicant has indicated their intent to convert the existing building to a tri‐ plex and to hook up to City sewer. This change will eliminate a non‐conforming use and be consistent with development in the area. Future development will be addressed at the development phase and will be in accord with City standards regarding concurrency, the Kennewick Municipal Code and the State Environmental Policy Act (SEPA). One letter in opposition was received on January 24, 2013. The letter described a potential plan to develop the site with housing for “mentally challenged” individuals and an implied difficulty of the writer to sell their home if this is approved. Staff has not received any applications or information on proposed uses for this site, except as provided with this application and associated environmental checklist stating a desire to convert the office and residence into a tri‐plex. Applicable Goals and Policies of the Comprehensive Plan While there are no specific goals or policies that are applicable to this request, this request will implement the existing Comprehensive Plan land use map designations and will bring the property into conformance with the Comprehensive Plan. Findings 1. The owner and applicant is Adams Living Trust (Julie Ahlers, 4601 W. Hood Ave., Kennewick, WA 99336). 2. The request is to change the zoning from Residential, Low (RL) to Residential, Medium (RM) for 0.461 acres. 3. Kennewick Zoning Matters notification sign #9047 was posted on site December 13, 2012. 4. The application was submitted on December 12, 2012 and was routed for review to various City Departments and other local, state and federal agencies for comment on December 13, 2012. 5. The site is currently served by City water in W. Canal Dr. and N. Arthur St. 6. The site currently utilizes on‐site septic system for waste disposal. 7. Access to the site is currently provided from W. Canal Dr. and N. Arthur St. Exhibit A ---PAGE BREAK--- Staff Report COZ 12-15 4 8. The proposed amendment is adjacent to both incorporated and unincorporated lands. The adjacent incorporated lands are zoned Residential, Medium (RM) and Residential, Low (RL). The unincorporated lands are zoned Urban Growth Area Residential (UGAR) zoned lands. 9. A Determination of Non‐Significance (ED 12‐83) was issued on January 7, 2013 for this application. The appeal period for the determination ended on January 28, 2013. 10. Notice of the public hearing for this application was published in the Tri‐City Herald on January 20, 2013. Notices were also mailed to property owners within 300 feet of the site on January 18, 2013. 11. One letter in opposition was received on January 24, 2013. 12. The proposed amendment furthers the public health, safety, welfare, and protection of the environment by allowing the vacant building on site to be put back to use as residences. Conclusions 1. Approval will change the zoning for the subject parcel from Residential, Low (RL) to Residential, Medium (RM). 2. Approval will implement the Medium Density Residential land use designation of the Comprehensive Plan. 3. Approval will not be detrimental to the public necessity, convenience or general welfare. 4. 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 12‐15 and recommend approval to City Council. Motion I move that the Planning Commission concur with the findings and conclusions in staff report COZ 12‐15 and recommend to City Council approval of the request. Exhibit A ---PAGE BREAK--- 0 100 200 300 400 500 Survey Feet COZ 12‐15 Zoning Map Residential, Low Residential, Medium Commercial, Neighborhood Commercial, Community Commercial, General Industrial, Light Open Space County Exhibit A-1 ---PAGE BREAK--- 0 100 200 300 400 500 Survey Feet COZ 12‐15 Comprehensive Plan Land Use Map Low Density Residential Industrial Medium Density Residential Public Facility High Density Residential Open Space Commercial County Exhibit A-2 ---PAGE BREAK--- COZ 12‐15 Aerial Map 0 100 200 300 400 500 Survey Feet Exhibit A-3 ---PAGE BREAK--- Exhibit A-4 ---PAGE BREAK--- Exhibit A-4 ---PAGE BREAK--- Exhibit A-4 ---PAGE BREAK--- Exhibit A-5 ---PAGE BREAK--- Exhibit A-5 ---PAGE BREAK--- Exhibit A-5 ---PAGE BREAK--- Exhibit A-5 ---PAGE BREAK--- Exhibit A-5 ---PAGE BREAK--- Exhibit A-5 ---PAGE BREAK--- Exhibit A-5 ---PAGE BREAK--- Exhibit A-5 ---PAGE BREAK--- Exhibit A-5 ---PAGE BREAK--- Exhibit A-5 ---PAGE BREAK--- Exhibit A-5 ---PAGE BREAK--- Exhibit A-5 ---PAGE BREAK--- Exhibit A-5 ---PAGE BREAK--- Exhibit A-5 ---PAGE BREAK--- Exhibit A-5 ---PAGE BREAK--- Exhibit A-5 ---PAGE BREAK--- Exhibit A-5 ---PAGE BREAK--- Exhibit A-5 ---PAGE BREAK--- Exhibit A-5 ---PAGE BREAK--- Exhibit A-5 ---PAGE BREAK--- Exhibit A-5 ---PAGE BREAK--- Exhibit A-5 ---PAGE BREAK---