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EXHIBIT 1 Page 1 of 6 Staff Report Date: August 12, 2013 Public Hearing Meeting Date and Location: August 19, 2013, 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 RECOMMENDS that Change of Zone 13-04 be APPROVED. Summary of Proposal: A Change of Zone from Residential Suburban (RS) to Residential Low Density (RL) for two parcel that total 9.16 acres in size. Proposal Location: 2001 W. 45th Avenue, south side of W. 45th Avenue and east of S. Ely Street. Parcel Nos. 1-2389-100-0003-001 & 1-2389-100- 0002-003. Legal Description: PARCEL A: (1-2389-100-0002-003) THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 8 NORTH, RANGE 29 EAST, W.M., BENTON COUNTY, WASHINGTON, LYING NORTH OF THE KENNEWICK IRRIGATION DISTRICT MAIN CANAL AND WEST OF THE FOLLOWING DESCRIBED LINE; BEGINNING AT A POINT ON THE NORTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER WHICH BEARS NORTH 88°13' WEST 586.70 FEET FROM THE NORTHEAST CORNER THEREOF; THENCE SOUTH 04°32' WEST TO A POINT ON THE CENTERLINE OF SAID KENNEWICK IRRIGATION DISTRICT MAIN CANAL AND TERMINUS OF SAID LINE, EXCEPT ANY PORTION LYING WEST OF THE FOLLOWING DESCRIBED LINE; COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 23; THENCE SOUTH 88°13'00” EAST, ALONG THE NORTH LINE THEREOF, FOR 116.98 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 02°27'56” WEST FOR 228.54 FEET; THENCE SOUTH 33°31'07” WEST FOR 154.8 FEET, MORE OR LESS, TO THE CENTERLINE OF SAID KENNEWICK IRRIGATION DISTRICT MAIN CANAL AND THE TERMINUS OF SAID LINE, EXCEPT THE NORTH 30 FEET THEREOF FOR ROAD. ECONOMIC DEVELOPMENT AND COMMUNITY PLANNING DEPARTMENT STAFF REPORT AND RECOMMENDATION TO THE PLANNING COMMISSION FILE NO: COZ 13-04/PLN-2013-01848 ---PAGE BREAK--- EXHIBIT 1 Page 2 of 6 PARCEL B: (1-2389-100-0003-001) THAT PORTION OF THE NORTH HALF OF SECTION 23, TOWNSHIP 8 NORTH, RANGE 29 EAST, W.M., BENTON COUNTY, WASHINGTON, LYING NORTH OF THE KENNEWICK IRRIGATION DISTRICT MAIN CANAL AND WEST OF THE FOLLOWING DESCRIBED LINE; COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 23; THENCE SOUTH 88°13'00” EAST, ALONG THE NORTH LINE THEREOF, FOR 116.98 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 02°27'56” WEST FOR 228.54 FEET; THENCE SOUTH 33°31'07” WEST FOR 154.8 FEET, MORE OR LESS, TO THE CENTERLINE OF SAID KENNEWICK IRRIGATION DISTRICT MAIN CANAL AND THE TERMINUS OF SAID LINE. EXCEPT THE NORTH 30 FEET THEREOF FOR ROAD. Property Owner: Edward & Terry Aromi 1180 Lake Forest Lane Aiken, SC 29803 Applicant: Nathan Machiela Hayden Homes, LLC 2464 S.W. Glacier Place, Suite 110 Redmond, Oregon 97756 Engineer: Travis Johnson PLS Engineering 2008 C Street Vancouver, WA 98663 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 June 5, 2013 Determination of Completeness Issued June 5, 2013 Notice of Application Mailed June 17, 2013 SEPA Threshold Determination Issued July 25, 2013 Date of Mailed Notice of Public Hearing August 1, 2013 Property Posting Sign August 2, 2013 Date of Published Notice of Public Hearing August 4, 2013 SEPA Appeal Period Ends August 9, 2013 Planning Commission Public Hearing August 19, 2013 City Council Decision Date September 3, 2013 ---PAGE BREAK--- EXHIBIT 1 Page 3 of 6 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 Neighborhood Comments Staff Analysis of Proposal & Discussion: The proposed Change of Zone (COZ 13-04) is a request to change the zone of two adjacent parcels of land from Residential Suburban (RS) to Residential low Density (RL). The parcels are located south of W. 45thth Avenue between S. Ely Street and S. Vancouver Street, and consist of approximately 9.16 acres. The subject property was annexed into the City in May of 1979. Since the property was annexed all of the surrounding property with the exception of the adjacent parcel to the east was either annexed as RL zoned property or has been rezoned to RL and developed as single-family home lots. Both RS and RL zoned property can be subdivided and developed as single-family home lots. The difference between RS and RL zoned subdivisions is the minimum lot size for RS zoned property is 10,500 square feet and the minimum lot size for RL zoned property is 7,500 square feet. Farm animals are not allowed in RL zoned property and only allowed in RS zoned property if there is a minimum lot size of 30,000 square feet. The setbacks are the same in both RS and RL zoned property and the maximum building height is 30-feet for both RS and RL zoned property. The Comprehensive Plan Land Use Designation for the subject property is Low Density Residential. Both Residential Suburban (RS) and Residential Low Density (RL) are zoning designations that can be implemented in the Comprehensive Plan Low Density Land Use designation. A change of zone to RL would be consistent with the City’s Comprehensive Plan. This application was submitted prior to the zoning code amendment that added findings necessary for approval of a change of zone and vested with previous to the code amendment. Although not necessary for approval this change of zone meets all the findings in KMC 18.51.070. The property is adjacent and contiguous to property of the same proposed zoning classification. Per KMC 18.03.040 (1 & the purpose of RS and RL zoning districts are as follows: RS – “The purpose of the RS district is to establish areas for low-density single-family residential buildings, to stabilize and protect residential districts, and to promote and encourage a suitable environment for family life in a semi-rural setting.” RL – “The purpose of the RL district is to establish areas for low density, single-family residential buildings, to stabilize and protect residential districts, and to promote and encourage a suitable environment for family life in an urban setting.” ---PAGE BREAK--- EXHIBIT 1 Page 4 of 6 Surrounding Comprehensive Plan Land Use and Zoning: North: All property to the north, across W. 45th Avenue is zoned Residential Low Density (RL). East: Directly to the east is a parcel zoned Residential Suburban (RS). Beyond that parcel to the east are smaller lots zoned Residential Low Density (RL). South: To the south, across the KID canal is the Inspiration Estates subdivision zoned Residential Low Density (RL). West: To the west, across the KID canal is the Inspiration Estates subdivision zoned Residential Low Density (RL). Farther to the west across S. Conway Street is a City Park zoned Open Space (OS) and beyond that to the west is a large 17.5 acre parcel that is not developed and zoned Residential Low Density (RL). Property History: 1. The subject parcel was annexed into the City in May of 1979 with an Agriculture zoning designation (Ord. 2296). 2. In November of 2005 the zoning was changed from Agriculture to Residential Suburban (RS) (Ord. 5114). Applicable Goals and Policies of the Comprehensive Plan: Residential Goal 2: Provide appropriate public facilities supporting residential areas. Staff Comment: There is currently water, sewer and services available to the area. 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. Staff Comment: Residential Low Density (RL) zoned property allows between 3 and 4 units per acre. Housing Goal 1: Support and develop a variety of housing types and densities to meet the diverse needs of the population. Staff Comment: The zone change to Residential Low Density (RL) will allow for up to 30 single-family home lots. Land Use Implementation by Zoning: Per the land use zoning implementation table on page 5 of the City’s Comprehensive Plan, both Residential Suburban (RS) and Residential Low Density (RL) zoning can be implemented in the Low Density Residential Land Use category. ---PAGE BREAK--- EXHIBIT 1 Page 5 of 6 Findings: 1. The applicant is Nathan Machiela of Hayden Homes, LLC (2426 S.W. Glacier Place, Suite 110, Redmond, Oregon 97756). 2. The owners are Edward & Terry Aromi, 1180 Lake Forest Lane, Aiken, S.C. 29803. 3. The proposed change of zone is for parcel numbers 123891000003001 & 123891000002003 at 2001 W. 45th Avenue. 4. The request is to change the zoning from Residential Suburban (RS) to Residential Low Density (RL). 5. The City’s Comprehensive Plan Land Use Designation for the subject property is Low Density Residential. 6. The Residential Low Density (RL) zoning district is an implementing zone of the Low Density Residential Comprehensive Plan Land Use Map designation. 7. With the exception of 1901 W. 45th Avenue which is zoned Residential Suburban (RS), all other property in the immediate area is zoned Residential Low Density (RL). 8. The Property Posting sign was posted on site August 2, 2012. 9. The application was submitted and declared complete for processing on June 5, 2013. 10. The application was routed for review to City Departments and outside agencies for comment on June 17, 2013. 11. Access to the site is currently provided from W. 45th Avenue. 12. An Environmental Determination of Non-Significance (ED 13-26) was issued on July 25, 2013 for this application. The appeal period for the determination ended on August 9, 2013. 13. Notice of the public hearing for this application was published in the Tri-City Herald on August 4, 2013. Notices were also mailed to property owners within 300 feet of the site on August 1, 2013. 14. One e-mail was received August 8, 2013 with concerns about the quality of a potential future development. 15. No comments were received from City Departments or Outside Agencies. ---PAGE BREAK--- EXHIBIT 1 Page 6 of 6 Conclusions: 1. Approval will change the zoning for the subject parcel(s) from Residential Suburban (RS) to Residential Low Density (RL). 2. Approval will implement Residential Goals 2 & 3, and Housing Goal 1 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 13-04 and recommend approval to City Council. Motion: I move that the Planning Commission concur with the findings and conclusions in staff report COZ 13-04 and recommend to City Council approval of the request. Report Prepared By and Contact Person: Wes Romine Development Services Manager [EMAIL REDACTED] [PHONE REDACTED] ---PAGE BREAK--- EXHIBIT 2 Page 1 of 3 9.16 ---PAGE BREAK--- EXHIBIT 2 Page 2 of 3 ---PAGE BREAK--- EXHIBIT 2 Page 3 of 3 ---PAGE BREAK--- EXHIBIT 3 Page 1 of 5 ---PAGE BREAK--- EXHIBIT 3 Page 2 of 5 ---PAGE BREAK--- EXHIBIT 3 Page 3 of 5 ---PAGE BREAK--- EXHIBIT 3 Page 4 of 5 ---PAGE BREAK--- EXHIBIT 3 Page 5 of 5 ---PAGE BREAK--- 500 ft 1 : 6000 1in : 500ft This plan is suitable for informational use only. City of Kennewick accepts no liability for any error whatsoever. Produced by CITY\wesr 13:29 7/30/2013 Vicinity Map EXHIBIT 4 Page 1 of 1 Project Area COZ 13-04 COZ 13-04 9.16 acres RS to RL ---PAGE BREAK--- 800 ft 1 : 9600 1in : 800ft This plan is suitable for informational use only. City of Kennewick accepts no liability for any error whatsoever. Produced by CITY\amuai 17:09 6/17/2013 EXHIBIT 5 Page 1 of 1 COZ 13-04 9.16 acres RS to RL ---PAGE BREAK--- EXHIBIT 6 Page 1 of 20 ---PAGE BREAK--- EXHIBIT 6 Page 2 of 20 ---PAGE BREAK--- EXHIBIT 6 Page 3 of 20 ---PAGE BREAK--- EXHIBIT 6 Page 4 of 20 ---PAGE BREAK--- EXHIBIT 6 Page 5 of 20 ---PAGE BREAK--- EXHIBIT 6 Page 6 of 20 ---PAGE BREAK--- EXHIBIT 6 Page 7 of 20 ---PAGE BREAK--- EXHIBIT 6 Page 8 of 20 ---PAGE BREAK--- EXHIBIT 6 Page 9 of 20 ---PAGE BREAK--- EXHIBIT 6 Page 10 of 20 ---PAGE BREAK--- EXHIBIT 6 Page 11 of 20 ---PAGE BREAK--- EXHIBIT 6 Page 12 of 20 ---PAGE BREAK--- EXHIBIT 6 Page 13 of 20 ---PAGE BREAK--- EXHIBIT 6 Page 14 of 20 ---PAGE BREAK--- EXHIBIT 6 Page 15 of 20 ---PAGE BREAK--- EXHIBIT 6 Page 16 of 20 ---PAGE BREAK--- EXHIBIT 6 Page 17 of 20 ---PAGE BREAK--- EXHIBIT 6 Page 18 of 20 ---PAGE BREAK--- EXHIBIT 6 Page 19 of 20 ---PAGE BREAK--- EXHIBIT 6 Page 20 of 20 ---PAGE BREAK--- 1 Wes Romine From: [EMAIL REDACTED] Sent: Thursday, August 08, 2013 8:47 AM To: Wes Romine Subject: Zoning change Planning Commission Our concerns about this zoning change involves the type of development that will be built. Above this area are nice homes on ample size lots. There are covenants which are enforced to keep the area nice and property values stable. Will this be the case in this development? Will our views be blocked and replaced with unkept yards, fences, and homes? Will there be covenants in this development and will they be enforced? We have put a lot of effort and money into our home to see the value diminish because of an ill planned housing development. Sincerely William and Diane Ziegler Sent from my iPad EXHIBIT 7 Page 1 of 2 ---PAGE BREAK--- 1 Wes Romine From: Wes Romine Sent: Monday, August 05, 2013 8:14 AM To: Terry Walsh; Anthony Muai Subject: RE: Hayden Homes Terry, All the property surrounding that area is zoned Residential Low Density (RL), and RL is consistent with the City’s Comp. Plan so it’s likely staff is going to recommend approval of the change of zone. The notice went out to all property owners within 300‐feet of the boundaries of the change of zone area. The notice did not go to Dave Retter, but went to Finley Ridge Inc. who is Dale Ross the Cherry Creek property owner. The notice also went to Bruce Ratchford, Sandhollow Homes, LLC and BRL Development,LLC. The Cherry Creek development is zoned Residential Low Density (RL), not Residential Medium Density (RM). The Change of Zone property is currently zoned Residential Suburban (RS) which allows a minimum lot size of 10,500 square feet. RL zoned property allows a minimum lot size of 7,500 square feet. The property can be developed even if the change of zone is denied, however if approved it will allow smaller and more lots. Both RS and RL have a maximum building height of 30‐feet. Let me know if you have any further questions. Wes Romine Development Services Manager City of Kennewick 210 W. 6th Avenue Kennewick, WA 99336 (509) 585-4558 From: Terry Walsh Sent: Monday, August 05, 2013 7:38 AM To: Wes Romine; Anthony Muai Subject: Hayden Homes I received my notice of the planning commission meeting to discuss the change of zone. Can you tell me what staff’s recommendation will be? Also, can you tell me whether or not the notice went to all inspiration estates homeowners and whether or not it went to Dave Retter and the Cherry Creek group? Is that development medium density? Thanks -Terry Take care ‐ Terry Terry Walsh Executive Director Employee and Community Relations City of Kennewick 210 W. 6th Ave. Kennewick, Washington 99336 (509) 585‐4242 EXHIBIT 7 Page 2 of 2