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BEFORE THE HEARING EXAMINER FOR CITY OF KENNEWICK In the Matter of the Application of ) No. PP 11-03/PLN-2011-01911 ) I)ean Maldonado ) for Preliminary Plat Approval ) FINDINGS, CONCLUSIONS, ) AND DECISION Boulder Ridge. a Preliminary Plat ) SUMMARY OF DECISION The requested Preliminary Plat for a four lot commercial subdivision on an approximate 4.56 acre parcel at 3801 W. Zintel Way; south of W. Hildebrand Avenue and east of US 395, Kennewick, Washington is APPROVED, subject to conditions. SUMMARY OF RECORI) Request Dean Maldonado (Applicant), on behalf of property owner Jerry Erwin requested approval of a preliminary plat (Plat a four lot commercial subdivision on an approximate 4.56 acre parcel at 3801 W. Zintel Way; south of W. Hildebrand Avenue and east of US 395, Kennewick Washington.r Hearinq Date: The Hearing Examiner of the City of Kennewick held an open record hearing on the application onAugust 6,2011. Testimony: At the open record hearing the following individuals presented testimony under oath: Wes Romine-Development Services Manager of City of Kennewick Dean Maldonado -Applicant Exhibits: At the open record hearing the following exhibits were admitted: A-l StaffReport A-2 Application A-3 Notice of Application/Mailing List A-4 Vicinity Map A-5 Preliminary Plat Drawing A-6 SEPA Determination A-7 City Department and Outside Agency Comments t That parcel of land being Lot I of that certain binding site plan recorded undcr volumç I of suweys, page 3984 records of Benton County, Washington located in a portion of Lot 8 of shoÍ plat 1-3 188 according to the plat thereof rrcorded unde¡ volume I of Short Plats at page 3188 records of Benton County, Washington page I of 6 ---PAGE BREAK--- A-8 A-9 8/8/11 PowerPoint presentation 'Vy'es Romine 8l9lIl redraft of proposed Condition #42 Upon consideration of the testimony and exhibits submitted at the open record hearing, the Hearing Examiner enters the following Findings and Conclusions: FINDINGS 1. The Applicant requested a Preliminary Plat (PP 11-03) for a four lot commercial subdivision located on an approximate 4.56 acre parcel in the southern end of the City of Kennewick. (parcel no. 116898P3984001). The project is located south of Hildebrand Boulevard and east of US 395, at 3801 S. Zintel V/ay. The site is generally flat with the exception of the northem boundary along S. Zintel Way. Exhibit A-1 staff report, pg. 2; Testimony of Mr.. Rcmine. 2. The property was annexed into the City of Kennewick in December of 1980 (Ord. No. 2539) and rvas given an Agriculture (A-40) zoning designation. In December 2006 the Comprehensive Plan Land Use Designation of the property was changed by the City from Low Density Residential to Commercial (Res. 07-07) and in March 2007 rhe zoningwas changed from Agriculture (A-40) to Commercial Community (CC) (Ord. No. 5171). hhibit A-1,pgs. 2 and 3; Testimony of Mn Romine. The subject property remains zoned CC. Testimony of Mr. Romine. 3. The properties to the north, northeast and southwest are zoned Commercial Community (CC). These properties are part of the "Phase Seven at Southridge Village" development. An existing property owners association for "Phase Seven at Southridge Village" includes the subject properfy and is responsible for all cornmon area maintenance. The property to the Southeast is the Zintel Canyon flood prevention damn area which is zoned Open Space (OS). exhibit A-l staff report,pg. 4 4. In March 2008 Short Plat 3085 was approved by the City for the subdivision of an 88.74 acre parcel into 9 lots (SP 07-17). The subject property was part of the plat.3 In April 2009 a Binding Site Plan \¡/as approved to create 3 lots within Lot I of Short Plat 3188. One of the lots is the parcel for the subject preliminary plat. Exhibit A-1, pgs 2 and 3; Testirnony of Mr. Romine. The Applicant now seeks to formally plat the subject property.' Testìmony of Mr. Romine; Testimony of Mr Maldanodo. 5. Admitted at the public hearing as part of the offrcial record rnas the proposed plat map. The map depicts the fow lots with he smallesl proposed lot being .91 acres and the ' fxhibit A-9 was sent email to the Hearing Examiner and Applicant pursuant to instructions issued a the Hearing. 3 Short Plat 31 88 was recorded in March or 2009 amending Strort ptut :OtS a A Preliminary Plat (KMC I 7. I 0) is the first step in subdivision proçess for subdivisions with more than nine lots or pørcels that høve been short within the last 5 yeørs. The subject property is part of a short plat that was E)proved within the last 5 years. Findings, Conclusions, and Decision Hearíng Examiner Maldanodo plat File No. PP 11-03/PLN-2011-0191I page 2 of 6 ---PAGE BREAK--- largest lot being 7.37 acrçs- There are no maximum or minimum standards for lot sizes in a CC zone in Kenne,rruick - Exhibit A-5; Testìmony of Mr Romine; Exhibit A-1, pg, 3 6. After approval of the preliminary plat the created lots a¡e subject to site plan reviews. The zoning regulations for development and Commercial Design Standards are reviewed and made part of the Site Plan Review for all buildings that are to be placed on the lots of the proposed plat. Testimony of Mr. Romine 7. In its Comprehensíve Plan policies and goals for the City of Kennewick are established. URBAN AREA POLICY 3 reads in part: "Promote new growth consistent with the Comprehensive Land Use Map, the Capital Facilities Plan and the Capital Improvement Plan." In applying this goal to the instant project the Planning Department submitted that "a commercial development on the subject property is consistent with the Commercial Land Use Plan and Commercial Community Zoningdesignation. Approving the proposed preliminary plat will help facilitate development of the property. The subject property can be served by City utilities " . Exhibit A- I . sÍaff report, pg. 4 . 8. COMMERCIAL GOAL 2 of the Comprehensive Plan calls to: "Sustain and enhance viable cornmercial areas." The proposed plan will implement this goal rvith parcels that will be developed with commercial interests that enhance the commercial interests of the City. Testimony of Mr. Romine. Exhibít A-1, staffreport, pg. 4. 9. Another goal of the Comprehensive Plain, COMMERCIAL GOAL 3, reads: "Create a balanced system of commercial facilities reflecting neighborhood, community, and regional needs." This goal is implemented with the proposed conrmercial plat in an area that has been identified for commereial development along the Highway US 395 corridor in the south edge of the City. Testimony of Mr. Romine. Exhibrt A-1, staff report, pg. 4 and 5 10. The Applicant proposed an easement from south ZinteI Way to W. 40th Avenue that rvill provide accesses to all lots- Exhibit A-5. In addition, a joint access between tots 1 and2 could be created for limited access, if the designs of those lots would benefit from said access. If the joint access is chosen, the existing median may have to be modified and approved by the City's traffic engineer prior to any driveway use. Exhibit A-1, staff report, pg. 3; Testimony of Mr. Romine; Testimony of Mr. Maldanodo; Exhibit A-7 , pg. j l l. South Zntel Way, including utilities, has been constructed along the north side of the plat arca. However, the other fronting street, 40th Ave., will have increased traffic and half street improvements will be required for that portion of the street adjacent to lots 1 and 3. The City submiued that In lieu of construction of half street improvements Findings, Conclusions, ønd Decision Hearing Exanùner Møldanodo plat File No. PP I 1 -03/PLN-201 1-0 1 9 1 1 page 3 of6 ---PAGE BREAK--- and/or providing water and sewer to Lots 3 and 4, a cost estimate for the improvements may be provided to the City Engineer for approval and a bond or other approved form of guarantee for the amount can be ptovided to the City. Testimony of Mn Romine; Exhibit A-9. The required sidewalks along W. 40fl'Avenue are to be constructed as the lots develop. Exhibit A-1, staffreport, pg. i; Testitnoryt of Mr Romine; Exhibit A-7, pg. I 12. Prior to construction of driveways, sidewalks, wheelchair ramps and utility extensions, including water, selver, street, storm drainage, street lights, hre hydrants, etc a separate permit will be required from the City's Department of Public W'orks. Exhibit A-1, staff report, pg 13. As each lot of the plat is developed, the proposed storm water drainage for that lot will be reviewed by the City's Public Works Department. The proposed subdivision will be designed to retain and dispose of a25-year,Z4-'nour event. Exhibit A-8. The Applicant and its successors will be required to meet the City's storm water requirements. Exhibit A-1, staffreport, pg. 3. 14. There are an existing l2-inehwaterline and an existing 21-inch sewerline available from S. Zintel V/ay that will provide water and sewer service to proposed lots 1 and 2. Prior to final plat approval the Applicant and its successors are be required to extend these existing lines to serve lots 3 and 4. Testimony of Mr. Romine; Exhibit A-1, staffreport, pg. 3. 15. As part of the administrative review process the City provided the School District an opportunity to comment on the proposed plat. Exhibit A-1, staffreport, pg. 4. No comments were received. Testimony of Mr Romine. The City's submitted that because the proposal is a commercial project there will be no impact on schools. Exhibit A-1, staffreport, pg. I 16. The proposed subdivision is not in a residential zoning district and will be developed u,ith commercial structures. There are no impacts on the City's parks and park fees lvill not be required for this project. Exhibít A-1, støffreport, pg. 4; testimony of Mr. Romine 17. ûn the City's Critical Area maps the subject ploperty is depicted as containing "Steep Slope" (greater t}lLan l5o/o slopes) and "Erosi onHazard" Critical Areas. The Applicant submitted a proposed plat map with its application that included contou¡ lines on the site, which depict the Steep Slope critical areas as not being as extensive as shorn n on the City's Critical Area map. Testimony of Mt Romine. Bassd on this information the City submitted that it is likely the "ErosionHazafd" areas are also not as extensive." Because KMC 18-62.040 provides that the City's maps for Steep Slope and Erosion hazard areas are to be used as a guide, but can be updated as new information becomes available the City accepted the maps of the Applicant. The City provided a caveat with the following statemeht: "When the site develops if there are areas of development Findings, Conclusions, and Decision Hearing Lr,aminer Maldanodo plat File No. PP 1 I-03/PLN-201l-0191I page 4 of6 ---PAGE BREAK--- within Critical Areas a Critical Area Report will be required at the time of development," Exlübit A-1. staff report, pgs, 3 and 4. 18. Pursuant to the State Environmental Policy Act the City of Kennewick was designated as the responsible ofhcial for the administrative review of environmental impacts caused by the proposed development. On July 17,2011 the responsible offrcial issued a determination of non-significance (DNS) and no environmental impact statement was required. No appeal of the DNS was filed. Exltibit A-6, pg 3. CONCLUSIONS Jurisdiction: The Kennewick Hearing Examiner is granted jurisdictionto hear and decide preliminary plat applications pursuant to KMC 4.02.080 (1Xb) ii. The Hearing Examiner is granted jurisdiction to hear and decide planned development permits applications pursuant to KMC 4.02.080 (1b) iv and KMC 18.45.060. Çriteria for Reltiew: The Hearing Examiner may approve an application for a preliminary plat only if the requirements of KMC Chapter 77.10 are satisfied. Included in these requirements is KIvIC 17.10.080: Provisions for Public Health, Safety, and Welfare which are: The Hearing Examiner will inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication. All plats will be reviewed to determine their conformaRce with the Comprehensive Plan, comprehensive water plan, utilities plan, and Comprehensive Park and Recreation Plan, and anything else neçessary to assist in determining if the plat should be approved. Appropriate provisions must be made for, but not limited to, 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 v/astes, parks and recreation areas, playgrounds, sehools 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. All relevant facts rn'ill be considered to determine whether the public interest will be served by the subdivision and dedication. If it is determined that the proposed plat makes such appropriate provisions, then the Hearing Examiner must approve the proposed plat. Dedication of land to any public body may be required as a condition of subdivision approval. The Hearing Examiner will not, as a condition to the approval of any plat, require a release from damages to be procured from other propertv owners. Findings, Conclusi ons, and Decision Hearing Examiner Maldanodo plat File No- PP I I-03/PLN-201I-0191I page 5 of6 ---PAGE BREAK--- 2. 3. 4. l. The Applicant shall comply with City of regulatory controls, policies and codes, including the Commercial Design Standards. All fees that are required by the City must be paid prior to the approval of the final plat. Development of the plat shall be in conformance with the plat drawing date stamped May 5, 2011 which was admitted as Exhibit A-5 to this proceeding. The Applicant and its successors shall: 1) construct half street improvements on'West 40e Avenue with minimum 24' vmde HMA; and2) construct a temporary cul-de-sac around an existing bubble adjacent to Lots 1 and 3 including storm water retention for the new half street. In lieu of construction of the half street improvements and/or providing water and scwer to Lots 3 and 4, a cost estimate for the improvements may be provided to the City Engineer for approval and a bond or other approved form of guarantee for the amowrt can be provided to the City A separÊte permit from the Department of Public'Works (DPfÐ shall be secwed prior to construction for driveways, sidewalks, rvheelchair ramps and utilifv extensions- The subject preliminary plat area shall be part of the surrounding Phase Seven at Southridge Village property owners association. The Applicant and its successors shall comply with the Public Works memorandum dated June 15,2011, r,r'hich rryas admitted as Exhibit A-7 of this proceeding. Comply with vehicle access per trafiFrc engineer memorandum dated July 28, 2011 (Exhibit A-7). The development of individual lots of the plat requires Site Plan Approval and compliance with all of the City's commercial design standards. 10. Any development or alterations in areas with slopes of over líYo grade shall require a Critical Area Report at the time of Site Plan Approval review. I I . A soils report shall be required prior to issuance of a building permit for construction of any new buildings on the site. 5. 6. 7. 8. 9. DECIDED ,hi, i { day of August, zltt. Findings, Conclusions, and Decision Hearing Examiner Maldanodoplat File No. PP 1 l-03/PLN-201I-019l I ick Hearing Examiner page 6 of6