Full Text
Findings, Conclusions, and Decision Kennewick Hearing Examiner Klamath Street Cottages Preliminary Plat, PP15-01 page 1 of 7 BEFORE THE HEARING EXAMINER FOR THE CITY OF KENNEWICK In the Matter of the Application of ) PP 15-01 ) PLS Engineering ) Klamath Avenue Cottages1 ) ) ) For Preliminary Plat ) FINDINGS, CONCLUSIONS, AND ) DECISION SUMMARY OF DECISION The requested preliminary plat to subdivide three acres into 18 single-family residential lots is APPROVED subject to conditions. SUMMARY OF RECORD PLS Engineering, on behalf of Desert Basin Ventures LLC (Applicant), requested approval of a preliminary plat subdividing approximately three acres into 18 single-family residential lots. The subject property is at 4602 W. Klamath Avenue, in Kennewick, Washington. Request On August 10, 2015, 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 Steve Donovan, Planner, Kennewick Economic Development and Community Planning Wes Romine, Kennewick Development Services Manager Aaron Dyck, Applicant Representative Leah Fisk At the open record hearing, the following exhibits were offered in evidence: Exhibits 1. Staff Report, dated August 3, 2015 2. Application 3. Notice of Public Hearing, 300-ft. mailing list, and Property Posting Affidavit 1 The application called the project Klamath Street Cottages; however, the subject property accesses from Klamath Avenue. City of Kennewick GIS Department Staff requested that the project name be changed to avoid confusion. Exhibits 2 and 15. This decision will refer to the Klamath Avenue Cottages but applies to the proposed subdivision of tax parcel 1-3399-402-0031-005 regardless of its final name. ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Klamath Street Cottages Preliminary Plat, PP15-01 page 2 of 7 4. Vicinity Map 5. Preliminary Plat Plans 6. SEPA Determination 7. Memorandum from Joe Terpenning, City of Kennewick Deputy Fire Marshal, dated 6/17/15 8. Memorandum from Dan Wilson, City of Kennewick Building Official, dated 6/18/15 9. Memorandum from John Deskins, City of Kennewick Traffic Engineer, dated 6/26/15 10. Memorandum from Fernando Garcia, City of Kennewick Utility Coordinator, dated 7/01/15 11. Email from Ken Klander, Benton PUD Distribution Design Tech 1, dated 6/17/15 12. Letter from Gwen Clear, Department of Ecology Environmental Review Coordinator, dated 6/29/15 13. Letter from Jason McShane, P.E. Kennewick Irrigation District Engineering/Operations Manager, dated 7/07/15 14. Letter from Doug Carl, Kennewick School District Capital Projects Director, dated7/27/2015 15. Plat map showing City of Kennewick GIS Department address comments 16. Minor Variance 15-02/PLN-2015-01798 Decision from Wes Romine, City of Kennewick Development Services Manager, dated 6/23/15 17. 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 approximately three acres into 18 single-family residential lots. The subject property is at 4602 W. Klamath Avenue, north of N. Williams Street, in Kennewick, Washington.2 Exhibits 1 and 2. 2. The application was submitted January 29, 2015 and determined to be complete on February 26, 2015. Notice of application was mailed to surrounding property owners on June 16, 2015 and posted on-site on July 11, 2015. Exhibit 1, page 2. 3. The subject property was annexed into the City in April 1975 with a Residential Medium Density (RM-6000) zoning designation. While the site's zoning designation has not 2 The legal description of the subject property is: "The Highlands Plat A, the South 332 feet of the North 482 feet of Tract 31, Less the East 255.9 feet thereof, according to the plat thereof recorded in volume 2 of Plats, page 2, records of Benton County Washington; except roads." Also known as tax parcel 1-3399-402-0031-005. Exhibit 1. ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Klamath Street Cottages Preliminary Plat, PP15-01 page 3 of 7 changed, the minimum lot size allowed in the zone has reduced to 4,000 square feet and the maximum density allowed at the time of complete application was 13 lots/units per acre. Exhibit 1, page 3; Donovan Testimony; Kennewick Municipal Code (KMC) 18.12.010 A.2. 4. No critical areas were identified on-site. Exhibit 1. 5. The surrounding properties consist of a mix of RM and Residential Low Density (RL) zoned parcels developed with single-family homes. There are apartment buildings in the RM zone to the west. Planning Staff submitted that the proposed residential development would be harmonious with the surrounding properties. Exhibit 1, page 4; Exhibit 4. 6. The RM zoning district does not have a minimum density requirement but does require a maximum density of 13 lots/units per acre, a minimum allowed lot size of 4,000 square feet, and a minimum lot width of 50 feet. KMC 18.12.010 A.2. The proposal would develop 18 lot single-family lots from the subject three acres. The proposed lots would range from 5,158 to 7,355 square feet in area with an average lot size of 6,318 square feet. A minor variance was administratively approved on June 23, 2015 to allow minimum lot width of 45 feet instead of the required 50 feet for Lots 10 and 11. With approval of the variance, the proposed plat complies with the Residential Development Standards contained in KMC 18.12.010(A.2). Exhibit 1, page 3; Exhibits 5 and 16. 7. Access to the proposed lots would be from W. Klamath Avenue and N. Williams Street. Lots 5 and 13 would access public rights-of-way via easements across adjoining properties. The project would be required to provide public roads, sidewalks, streetlights, storm drainage, and sidewalk and utility easements in conformance with current City of Kennewick standards. Exhibits 1 and 5. 8. The City’s Traffic Engineer reviewed the site plan, existing traffic conditions, average weekday trip volumes generated by similar developments from the ITE Trip generation Manual, traffic flow and safety in the vicinity, proximity of intersections to the proposed site access points, and conformance of the proposal with Kennewick Administrative Code (KAC) Chapter 13-46. The Engineer determined that a trip generation and distribution study was not required for review of the proposal due to the fact that the development is not projected to produce 30 peak hour trips, the City's threshold for traffic impact assessment. The City's Traffic Engineer recommended plat approval subject to conditions requiring street lights to be placed between Lots 11 and 12 and between Lots 4 and 7. Finally, the Traffic Engineer noted that the City is in the process of considering establishing a traffic impact fee required on a per lot basis at the time of building permit application for new development. The Engineer stated that if the fee becomes effective before the instant lots apply for building permits, the fee may apply to the lots of this plat. Exhibits 1 and 9. 9. The City stormwater standards require residential subdivisions to be designed to retain and dispose of a 25-year, 24 hour event for the developed state and the 24-hour event for the natural pre-developed state. Detention ponds may be used only where it can be ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Klamath Street Cottages Preliminary Plat, PP15-01 page 4 of 7 clearly demonstrated that infiltration, or retention, are not feasible per City of Kennewick Standard Specifications Section 5-9.02. Exhibits 1 and 10. 10. All proposed lots would connect to municipal water and sewer utilities. An eight-inch waterline is available from the west end of W. Klamath Avenue and from the north end of N. Williams Street. The water mains would be required to be looped to avoid buildup of stagnant water and minimize bacteria regrowth. An eight-inch sanitary sewer line is available from the west end of W. Klamath Avenue and the north end of N Williams Street. Utilities would be required to be extended through the plat and to each lot. Exhibit 10. 11. The subject property is located within the 2W-Scott park zone. Park impact fees in the amount of $5,459.03 are required to be paid prior to signing the final plat mylar, in lieu of dedication of park land. Exhibits 1 and 6. 12. The plat is located within the boundaries of the Kennewick School District and would be served by Vista Elementary (bussing zone), Highlands Middle School (bussing zone), and Kamiakin High School (walking zone). Students would be bused to the elementary and middle schools, but the subject property is within the walk zone for Kamiakin High School. The plat's required sidewalks would connect to existing sidewalks outside the subject property to form a continuous safe walking route to the high school. No off-site walk route improvements are proposed or required. The school district submitted comments indicating that it has capacity to serve the plat's students at all three levels and specifically at the three schools affected. Exhibits 1 and 14; Donovan Testimony. 13. The Kennewick Fire Department reviewed the proposal and submitted comments indicating fire hydrants at specified spacing would be required. Exhibit 7. 14. The Washington State Department of Ecology submitted comments on the application regarding potential discharge of stormwater from a construction site of greater than an acre, noting that an NPDES Construction Stormwater General Permit could be required and advising regarding the process for the permit. Exhibit 12. 15. The Kennewick Irrigation District (KID) submitted standard comments regarding the site's location within its service area, which in its entirety is defined as irrigable land. KID requested that approval, if granted, be required to implement the District's standard conditions. Exhibit 13. 16. Staff indicated that the proposed plat generally conforms to the City’s Comprehensive Plan and would implement 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. ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Klamath Street Cottages Preliminary Plat, PP15-01 page 5 of 7 Residential Goal 1: Guide the design of new residential developments to be compatible with adjacent residential areas. 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 3: Incorporate residential design standards into new residential developments. 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 4-5. 17. The City of Kennewick acted as lead agency in reviewing the proposal 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 July 13, 2015 requiring mitigation of parks impacts through the payment of fees as discussed in finding 11 above. No party appealed the MDNS. Exhibit 6; Donovan Testimony. 18. Notice of public hearing was mailed to surrounding property owners on July 23, 2015 and published on July 26, 2015, consistent with City requirements. Exhibit 1, page 2. 19. At hearing, public comment was offered expressing support of the infill development, noting that crime has been increasing in the area and development of the subject property should help deter future crime. Comments supported crime prevention through environmental design. The neighboring property owner asked whether on-street parking would be allowed on the new public streets inside the project, where children would be expected to play because the proposed lots are small, and whether any improvements would be required to existing streets. Fisk Testimony. 20. In response to public comment, Planning Staff noted that there would be on-street parking permitted within the new plat on both sides of the street. Because the project ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Klamath Street Cottages Preliminary Plat, PP15-01 page 6 of 7 would be connecting to stubs ends of both Klamath and Williams Avenues but does not front on either street, required improvements would be limited to completing the street connections consistent with City road standards. Staff also noted that park impact fees would be imposed and would address necessary improvements within the park service area, likely at Lawrence Scott Park west of site. No further recreation requirements apply to the proposal. Donovan Testimony. 21. Upon complete review, and considering evidence offered at hearing, Planning Staff recommended approval of the plat with conditions. The Applicant waived objection to the recommended conditions of approval. Exhibit 1, pages 1, 5; Donovan Testimony; Dyck Testimony. 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 18 proposed lots and the developer would be required to extend these utilities to each lot in the plat. Conditions of approval would ensure that development is consistent with all applicable City utility, road, stormwater, and fire standards and that the project's park impacts are mitigated. Findings 6, 8, 9, 10, 13, and 16. Conclusions Based on Findings 2. Single-family residential development is permitted in the RM zone. A stormwater plan demonstrating compliance with the City's stormwater standards would be required at the time of civil engineering review. Safe walking requirements for school aged children are satisfied by City standard sidewalks within the plat connecting to the public sidewalks on surrounding streets. The proposal was reviewed by the City's Traffic Engineer, who recommended approval subject to conditions that would ensure compliance with applicable regulations. Provisions for parks and recreation would be made through payment of park impact fees. The proposal was reviewed for compliance with the requirements of SEPA and the issued MDNS was not appealed. With conditions, all ---PAGE BREAK--- Findings, Conclusions, and Decision Kennewick Hearing Examiner Klamath Street Cottages Preliminary Plat, PP15-01 page 7 of 7 necessary findings for public health, safety, and general welfare can be made. Findings 3, 5, 6, 7, 8, 11, 12, 13, 14, 17, 19, 20, and 21. DECISION Based on the preceding findings and conclusions, the requested approval of a preliminary plat subdividing approximately three acres at 4602 W. Klamath Avenue, in Kennewick, Washington into 18 single-family residential lots is GRANTED subject to the following conditions: 1. Development of the proposal shall comply with City of Kennewick regulatory controls, policies and codes, including the Single-family Residential Design Standards. 2. All fees required by the City shall be paid prior to the approval of the final plat. 3. Development shall be in conformance with the plat drawing (Exhibit 4. Development of the proposal shall comply with Traffic Engineer memorandum dated June 26, 2015 (Exhibit 5. Development of the proposal shall comply with Public Works memorandum dated July 1, 2015 (Exhibit 10). 6. Development of the proposal shall comply with Kennewick Irrigation District letter dated July 7, 2015 (Exhibit 13). 7. Geo-Tec reports are required for each lot at the time of building permit submittal. 8. The Applicant and all agents shall provide dust control method(s) such as hydroseeding for all areas of the site that are disturbed. 9. In lieu of dedication of park land park fees are required in the amount of $5,459.03 for impacts to Park Planning Zone 2W-Scott. Park fees will be collected prior to signing the final plat mylar. 10. Preliminary Plat (PP 15-01) approval expires five years from the approval date. The City may grant an extension; however, the application for extension must be submitted and approved prior to preliminary plat expiration. DECIDED August 24, 2015. By: Sharon A. Rice City of Kennewick Hearing Examiner