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EXHIBIT 1 Page 1 of 6 Staff Report Date: November 9, 2015 Public Hearing Meeting Date and Location: November 16, 2015, Kennewick City Hall Report Prepared By: Wes Romine Development Services Manager Report Reviewed By: Gregory McCormick, AICP Planning Director Summary Recommendation: The City of Kennewick Planning Staff RECOMMENDS that Change of Zone 15-08 be APPROVED. Summary of Proposal: A Change of Zone from Commercial Office (CO) to Commercial Community (CC) for one parcel of land 5.11 acres in size. Proposal Location: South of W. Gage Boulevard, between N. Steptoe Street and W. Grandridge Boulevard at 8901 W. Tucannon Avenue. Legal Description: THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 9 NORTH, RANGE 29 EAST, W.M., CITY OF KENNEWICK, BENTON COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION; THENCE SOUTH 89°23’51” EAST ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER AND THE CENTERLINE OF A CITY STREET KNOWN AS GAGE BOULEVARD 871.97 FEET TO A MONUMENT AT THE INTERSECTION OF GAGE BOULEVARD AND A CITY STREET KNOWN AS PITTSBURGH STREET; THENCE SOUTH 0°36’09” WEST ALONG THE CENTERLINE OF SAID PITTSBURGH STREET 255.54 FEET; THENCE SOUTH 89°23’51” EAST 30.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY OF SAID PITTSBURGH STREET; THENCE SOUTH 89°23’51” EAST 96.43 FEET TO A POINT ON THE WEST LINE OF A PARCEL AS DEPICTED IN RECORD SURVEY NO. 1567; THENCE SOUTH 89°20’14” EAST 120.00 FEET TO THE WEST LINE OF A PARCEL AS DEPICTED ON RECORD SURVEY NO. 1567; THENCE SOUTH 89°20’14” EAST 120.00 FEET TO THE WEST LINE OF A PARCEL AS DEPICTED ON RECORD SURVEY 526; THENCE SOUTH 00°38’17” WEST ALONG SAID WEST LINE 93.74 FEET TO THE BEGINNING ECONOMIC DEVELOPMENT AND COMMUNITY PLANNING DEPARTMENT STAFF REPORT AND RECOMMENDATION TO THE PLANNING COMMISSION FILE NO: COZ 15-08/PLN-2015-03252 ---PAGE BREAK--- EXHIBIT 1 Page 2 of 6 OF A CURVE TO THE LEFT, THE RADIUS POINT OF WHICH BEARS SOUTH 89°23’43” EAST 776.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE 116.71 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTHEASTERLY ALONG SAID CURVE 317.22 FEET TO A CURVE TO THE RIGHT, THE RADIUS POINT OF WHICH BEARS NORTH 19°43’20” WEST 1600.00 FEET THENCE WESTERLY ALONG SAID CURVE 569.25 FEET; THENCE NORTH 89°20’14” WEST 161.17 FEET; THENCE NORTH 00°36’09” EAST 355.48 FEET TO THE SOUTH RIGHT-OF- WAY OF SAID PITTSBURGH STREET; THENCE SOUTH 89°23’51 EAST ALONG SAID RIGHT-OF-WAY 254.00 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, THE RADIUS POINT OF WHICH BEARS NORTH 00°36’09” EAST 130.00 FEET; THENCE EASTERLY ALONG SAID CURVE AND SAID RIGHT-OF-WAY 48.36 FEET TO A CURVE TO THE RIGHT, THE RADIUS POINT OF WHICH BEARS SOUTH 20°42’45” EAST 20.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE AND SAID RIGHT-OF- WAY 37.51 FEET TO A CURVE TO THE LEFT, THE RADIUS POINT OF WHICH BEARS NORTH 86°44’45” EAST 60.00 FEET; THENCE EASTERLY ALONG SAID CURVE AND SAID RIGHT-OF-WAY 233.73 FEET; THENCE SOUTH 89°20’14” EAST 179.95 FEET TO THE SAID TRUE POINT OF BEGINNING. CONTAINING 5.11 ACRES TOGETHER WITH AND SUBJECT TO EASEMENTS, RESERVATIONS, COVENANTS AND RESTRICTIONS OF RECORD AND IN VIEW. Property Owner: Greg Markel 8911 W. Grandridge Blvd., Suite C Kennewick, WA 99336 Applicant: Same as Property Owner Engineer: NA Approval Criteria: 1. Comprehensive Plan – Land Use 2. KMC Title 4 – Administrative Procedures 3. KMC Title 18 – Zoning 4. Washington State Environmental Policy Act COZ Key Application Processing Dates: Pre-Application/Feasibility Meeting N/A Application Submittal September 22, 2015 Determination of Completeness Issued September 24, 2015 Notice of Application Mailed October 1, 2015 SEPA Threshold Determination Issued October 21, 2015 Date of Mailed Notice of Public Hearing November 2, 2015 Property Posting Sign October 21, 2015 Date of Published Notice of Public Hearing November 1, 2015 ---PAGE BREAK--- EXHIBIT 1 Page 3 of 6 SEPA Appeal Period Ends November 5, 2015 Planning Commission Public Hearing November 16, 2015 City Council Decision Date December 1, 2015 Exhibits: 1 Staff Report 2 Application/Supplemental Information 3 Notice of Application/Mailing List 4 Vicinity Map 5 Change of Zone Map 6 SEPA Determination 7 KID Comments 8 Neighborhood Comments Staff Analysis of Proposal & Discussion: The proposed Change of Zone (COZ 15-08) is a request to change the zone of one parcel of land, approximately 5.11 acres in size, from Commercial Office (CO) to Commercial Community (CC). The subject parcel is located at 8901 W. Tucannon Avenue, south of W. Gage Boulevard between N. Steptoe Street and W. Grandridge Boulevard. The applicant has requested the change of zone to increase the number of permitted uses allowed on the property. Although Commercial Community (CC) zoning allows more uses than Commercial Office (CO), CC zoning is one of the City’s less intense commercial zones. Some of the uses that are allowed in CC zoning that are not allowed in CO zoning include: Bars & Taverns, Brewpubs, Commercial Amusement/Recreation, Equipment Rental, Hardware Stores, Mini- Storage, Nurseries, Vehicle Sales, Veterinary Clinics, and Type A & B Wineries. The Comprehensive Plan Land Use Designation for the subject property is Commercial. Both Commercial Office (CO) and Commercial Community (CC) are zoning designations that can be implemented in the Comprehensive Plan Commercial Land Use designation. A change of zone to CC would be consistent with the City’s Comprehensive Plan. Per KMC 18.03.040 (10 & 12), the purpose of CO and CC zoning districts are as follows: CO – “The purpose of the CO district is to provide areas for professional and business offices, medical clinics, and research laboratories. The district is primarily intended for non- retail sale commercial uses and restricted retail sale uses in compatible areas as transitions between more intensive uses and other commercial districts and residential districts. CC – “The purpose of the CC district is to stabilize, improve and protect commercial areas, and to provide for orderly growth in new commercial areas in accord with the Comprehensive Plan. CC districts are intended for a wide range of uses to serve the community area which they are appurtenant.” Staff Comment: The existing CO zoning acts as a transition between the Commercial General (CG) zoned property to the north and the Residential Low Density (RL) property to the south. Commercial Community (CC) zoning is also a relatively low intense commercial zone and will also act as a transition between the CG zoning to the north and RL zoned property to the south. ---PAGE BREAK--- EXHIBIT 1 Page 4 of 6 By approving this change of zone all the findings can be made that are required to approve a change of zone that are listed in KMC 18.51.070 The proposed amendment conforms with the comprehensive plan; and Promotes the public necessity, convenience and general welfare; and 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 The proposed amendment is consistent with all applicable provisions of the Kennewick Municipal Code, including those adopted by reference from the Comprehensive Plan The above required findings to approve a change of zone have been listed below under the staff recommended findings. Surrounding Zoning: North: All property to the north across W. Tucannon Avenue and immediately adjacent to the north at the east side is zoned Commercial General (CG). East: Directly to the east the property is zoned Commercial Office (CO). South: Directly to the south is property zoned Residential Low Density (RL) and occupied by single-family homes. West: Directly to the west is property zoned Commercial Office (CO). Applicable Goals and Policies of the Comprehensive Plan: Commercial Goal 2: Sustain and enhance viable commercial areas. Staff Comment: The site has been vacant and has never been built on. The change to CC will allow more uses and at the same time be developed with uses that do not have a higher impact on the neighborhood than if it were developed with CO uses. Commercial Policy 2: Provided commercial areas sized and scaled appropriately for the neighborhood or community. Staff Comment: Although the CC zoning district allows more uses than CC, the CC zoning district is a fairly low impact commercial zoning that will not significantly have more impact that than if the zoning remains CO. Land Use Implementation by Zoning: Per the land use zoning implementation table on page 5 of the City’s Comprehensive Plan, both Commercial Neighborhood (CN) and Commercial Community (CC) zoning can be implemented in the Commercial Land Use category. ---PAGE BREAK--- EXHIBIT 1 Page 5 of 6 Findings: 1. The applicant and property owner is Greg Markel (8911 W. Grandridge Boulevard, SuiteC, Kennewick, WA 99336). 2. The proposed change of zone is for parcel number 1-3199-200-0014-001 (8901 W. Tucannon Avenue). 3. The request is to change the zoning from Commercial Office (CO) to Commercial Community (CC). 4. The City’s Comprehensive Plan Land Use Designation for the subject property is Commercial. 5. The Commerical Community (CC) zoning district is an implementing zone of the Commercial Comprehensive Plan Land Use Map designation. 6. The Property Posting sign was posted on site October 21, 2015. 7. The application was submitted on September 22, 2015 and declared complete for processing on September 24, 2015. 8. The application was routed for review to City Departments and outside agencies for comment on October 1, 2015. 9. Access to the site is currently provided from W. Tucannon Avenue and N. Pittsburgh Street. 10. An Environmental Determination of Non-Significance (ED 15-54) was issued on October 21, 2015 for this application. The appeal period for the determination ended on November 5, 2015. No appeals were filed. 11. Notice of the public hearing for this application was published in the Tri-City Herald on November 1, 2015. Notices were also mailed to property owners within 300 feet of the site on November 2, 2015. 12. Two comments were received from adjacent property owners regarding the requested Change of Zone. 13. The proposed amendment conforms with the comprehensive plan; and 14. Promotes the public necessity, convenience and general welfare; and 15. 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 16. The proposed amendment is consistent with all applicable provisions of the Kennewick Municipal Code, including those adopted by reference from the Comprehensive Plan ---PAGE BREAK--- EXHIBIT 1 Page 6 of 6 Conclusions: 1. Approval will change the zoning for the subject parcel from Commercial Office (CO) to Commercial Community (CC). 2. Approval will implement Commercial Goal 2, and Commercial Policy 2 of the City of Kennewick Comprehensive Plan. 3. Approval will result in the public necessity, convenience or general welfare. 4. Approval will not result in any adverse environmental impacts. Recommendation: Staff has reviewed the application and recommends that the Planning Commission concur with the findings and conclusions contained in staff report COZ 15-08 and recommend approval to City Council. Motion: I move that the Planning Commission concur with the findings and conclusions in staff report COZ 15-08 and recommend to City Council approval of the request. Report Prepared By and Contact Person: Wes Romine Development Services Manager [EMAIL REDACTED] [PHONE REDACTED]