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Staff Report COZ 15-13 1 STAFF REPORT COZ 15-13 Community Planning Anthony Muai City of Kennewick Planner To: Planning Commission Date: December 7, 2015 PROPOSAL: Rezone 1.63 acres from Residential, High (RH) to Industrial, Light (IL) & Residential, Medium (RM) OWNER: Manuel and Hilda Chavallo APPLICANT: Manuel and Hilda Chavallo Site Information • Size: 1.63 acres • Location: 318 N. Arthur St. • Topography: Flat • Existing Comprehensive Plan Designation: High Density Residential • Existing Zoning: Residential, Low (RL) • Existing Land Use: Vacant land Exhibits • Exhibit A-1: Aerial Map • Exhibit A-2: Zoning Map • Exhibit A-3: Comprehensive Plan Map • Exhibit A-4: Application • Exhibit A-5: Determination of Non- Significance Not to scale ---PAGE BREAK--- Staff Report COZ 15-13 2 Application Process • Application Submitted November 3, 2015 • Application routed for comments November 12, 2015 • Property posting notification sign was posted on site on November 18, 2015 • Determination of Non-Significance issued on August 5, 2015 • Notice of Hearing mailed November 18, 2015 • Notice of Hearing published November 22, 2015 Surrounding Comprehensive Plan, Zoning and Land Uses North Comprehensive Plan – Low Density Residential Zoning – Residential, Low (RL) Existing Land Uses – Telecommunications facility, contractor laydown yard South Comprehensive Plan – Commercial, Low Density Residential Zoning – Commercial, General (CG); Commercial, Community (CC); Residential, Low (RL) Existing Land Uses – Car sales, office, retail, one single-family home East Comprehensive Plan – Commercial Zoning – Commercial, Community (CC) Existing Land Uses – Medical Clinic West Comprehensive Plan – Public Facility Zoning – Public Facility (PF) Existing Land Uses – Telecommunications office Regulatory Controls • City of Kennewick Comprehensive Plan • Kennewick Municipal Code Title 4 • Kennewick Municipal Code Title 18 Description of Request Change of Zone 15-13 is a request to rezone approximately 1.63 acres from Residential, Low (RL) to Residential, High (RH). This request is a follow up to Comprehensive Plan Amendment 15-03. Zoning History This property was annexed into the City in 1979 and was zoned Residential, Low (RL). The zoning has not changed since annexation. Analysis The proposed change from RL to RH is consistent with the Comprehensive Plan and will implement the High Density Residential land use designations on the property. The change provides a transition from the higher intensity commercial uses located along Clearwater Ave. to the lower intensity residential uses to the north. In addition, the surrounding parcels are currently being used by lesser intense non- residential uses such as a telecommunications facility, telecommunications offices, medical offices, general office and retail sales. Some of these uses are non-conforming uses as they are being operated on property zoned RL. While there are RL zoned properties adjacent to this site, they are not tied to a larger RL zone, but rather constitute and island of RL among predominantly Non-residential and higher density residential zones and uses. The proposed change will be consistent and compatible with the overall development of the surrounding area. ---PAGE BREAK--- Staff Report COZ 15-13 3 Any development that is proposed in the future will be in accord with City standards regarding concurrency, the Kennewick Municipal Code, including the Residential Design Standards and Critical Areas Ordinance, 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 proposed amendment conforms with the comprehensive plan. The existing comprehensive plan land use designation is High Density Residential. The requested zone, RH, is an implementing zone of the High Density Residential designation. 2. Promotes the public necessity, convenience and general welfare; and Staff Response: The proposed amendment bears a relationship to the public welfare by creating a transition zone from existing Commercial areas to the south. 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: Water and sewer are available at the site in N. Arthur St. and have capacity to serve future development. Access to the site is adequate. 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. The proposed zone is an implementing zone of the current Comprehensive Plan land use designation. 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 proposed zone is not a single-family zone. Findings 1. The applicant and owner is Manuel and Hilda Chavallo (2906 S. Tacoma Pl., Kennewick, WA 99337). 2. The request is to change 1.63 acres from Residential, Low (RL) to Residential, High (RH). 3. The application was submitted on November 3, 2015 and was routed for review to various City Departments and other local, state and federal agencies for comment on November 12, 2015. 4. A Determination of Non-Significance issued on August 5, 2015. ---PAGE BREAK--- Staff Report COZ 15-13 4 5. A Property posting notification sign was posted on site on November 18, 2015 notifying the public of the public hearing to be held on December 7, 2015 at 6:30 p.m. in the Council Chambers at Kennewick City Hall. 6. Notice of the public hearing for this application was mailed to property owners within 300 feet of the site on November 18, 2015. Notices were also published in the Tri-City Herald on November 22, 2015. 7. Water and sewer are available at the site in N. Arthur St. and have capacity to serve future development. 8. Access to the site is provided by N. Arthur St. and is adequate to serve future development. 9. The proposed amendment is adjacent to Residential, Low (RL); Commercial, Community (CC); Commercial, General (CG) and Public Facility (PF) zoned lands. 10. The proposed amendment conforms with the comprehensive plan. The existing comprehensive plan land use designation is High Density Residential. The requested zone, RH, is an implementing zone of the High Density Residential designation. 11. The proposed amendment bears a relationship to the public welfare by creating a transition zone from existing Commercial areas to the south. 12. The proposed amendment is consistent with the provisions of the Kennewick Municipal Code and the Comprehensive Plan. The proposed zone is an implementing zone of the current Comprehensive Plan land use designation. 13. The proposed zone is not a single-family zone. Conclusions 1. Approval will rezone approximately 1.63 acres of Residential, Low (RL) to Residential, High (RH). 2. Approval will implement the High Density Residential 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 15-13 and recommend approval to City Council. Motion I move that the Planning Commission concur with the findings and conclusions in staff report COZ 15-13 and recommend to City Council approval of the request. ---PAGE BREAK--- Change of Zone 15-13 Residential, Low (RL) to Residential, High (RH) 0 250 500 Feet Property Lines Amendment Area Street Name Railroad Track Exhibit A-1 ---PAGE BREAK--- Change of Zone 15-13 Residential, Low (RL) to Residential, High (RH) 0 250 500 Feet Residential, Low (RL) Residential, High (RH) Residential, Medium (RM) Commercial, Community (CC) Commercial, General (CG) Public Facility (PF) Exhibit A-2 ZONING MAP ---PAGE BREAK--- Change of Zone 15-13 Residential, Low (RL) to Residential, High (RH) 0 250 500 Feet Low Density Residential Medium Density Residential High Density Residential Public Facility Commercial Exhibit A-3 COMPREHENSIVE PLAN MAP ---PAGE BREAK--- Exhibit A-4 ---PAGE BREAK--- CommunityPlanningDepartment 210West6thAvenue Kennewick,WA99336 Phone:(509)585Ͳ4280 [EMAIL REDACTED] DETERMINATION OF NON-SIGNIFICANCE FILE/PROJECT NUMBER: CPA 15-03/PLN-2015-01139 DESCRIPTION OF PROPOSAL: Change 1.63 acres designated Low Density Residential to High Density Residential PROPONENT: Manuel and Hilda Chavallo LOCATION OF PROPOSAL, INCLUDING STREET ADDRESS, IF ANY: 318 N. Arthur St. LEAD AGENCY: City of Kennewick DETERMINATION: The City of Kennewick has determined that this proposal does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) will not be required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the City. This information is available to the public on request. Application for other required permits may require further review under SEPA procedures. There is no comment period for this DNS. This DNS is issued after using the optional DNS process in WAC 197Ǧ11Ǧ355. There is no further comment period on the DNS. This DNS is issued under 197Ǧ11Ǧ340(2); the City will not act on this proposal for fifteen days from the date below. Comments must be submitted by . After the review period has elapsed, all comments received will be evaluated and the DNS will be retained, modified, or withdrawn as required by SEPA regulations. RESPONSIBLE OFFICIAL: Gregory McCormick, AICP POSITION/TITLE: Community Planning Director ADDRESS: 210 W 6th Ave., P.O. Box 6108, Kennewick, WA 99336 PHONE: (509) 585Ǧ4463 Changes, modifications and /or additions to the checklist have been made on the attached Environmental Checklist Review. This DNS is subject to the attached conditions: No conditions. See attached condition(s). Date: August 5, 2015 Signature: Appeal: An appeal of this determination must be submitted to the Community Planning Department within fourteen (14) calendar days after the date issued. This appeal must be written and make specific factual objections to the City’s threshold determination. Appeals shall be conducted in conformance with Section 4.12.090(9) of the Kennewick Municipal Code and the required fees pursuant to the City’s adopted Fee Schedule shall be paid at time of appeal submittal. Copies of this DNS were emailed to: • Benton Clean Air Authority • Confederated Tribes of Umatilla Indian Reservation • Department of Ecology SEPA Register • Department of Fish & Wildlife • Department of Natural Resources • Washington State Department of Transportation Exhibit A-5