Planning Commission Meeting

City of Prosser PLANNING COMMISSION REGULAR MEETING AGENDA Council Chambers, 1002 Dudley Avenue, Prosser WA 99350 Thursday, February 15, 2024 @ 6:00 PM Per Ordinance No. 22-3175, all Planning Commission meetings will be held in-person at location listed above. In addition, individuals may attend the meeting virtually. To join in the remote/virtual Planning Commission meeting and participate in or listen to the Public Hearing, please join the meeting from your computer, tablet or smartphone by visiting the following website: https://global.gotomeeting.com/join/590067637 You can also dial in using your phone. United States: +1 (646) 749-3112 Access Code: 590-067-637 New to GoToMeeting? Get the app now https://global.gotomeeting.com/join/590067637 The City asks all members of the public that wish to comment on agenda items, to please contact Community Development Director Steve Zetz via email at szetz@cityofprosser.com or by phone at (509) 786-8212, no later than 4:00 p.m., the day of the meeting. Please state your first and last name, city of residence and agenda item you wish to comment on. Page 1. CALL TO ORDER 2. ROLL CALL 3. BOARD ACTION a. Continue Public Hearing from November 2023 and take action to approve, 3 - 154 modify, or deny a re-zone of property from RM to RMS and to approve the preliminary plat for Wamba Meadows III. Staff Report for AB with Attachments Output Document (AGB - 2243) - Pdf Output Document (AGB - 2243) - Html Applicant has failed to address the Storm Water issue with the proposed development. The Public Hearing has been continued numerous times. Staff Recommend that the application be denied and the applicant resubmit a new application with the missing storm water information once the applicant has resolved that issue. 4. BOARD DISCUSSION Page 1 of 154  Chapter 17 Update Chapter 18 Update Recreational Vehicle Parking 5. ADJOURNMENT Hearing Type: Quasi-Judicial Statement: This is a quasi-judicial hearing. This means that the hearing must not only be fair but appear to be fair. If you have had any ex parte contact with the applicant or anyone, other than City Staff, then you must disclose that contact and the nature of that contact. In the event that you have already made up your mind regarding the subject of this hearing and cannot rely on the evidence presented to make that decision, then you must disclose that fact. In the event that conflicts would prevent a quorum from making a decision in this matter, then, under the doctrine of necessity, you would be able to hear this matter notwithstanding any conflicts. Do you have any conflicts? Does any member of the public believe that any member has a conflict? Page 2 of 154  STAFF REPORT JUNE 22, 2023 WAMBA MEADOWS III RE-ZONE FROM RM TO RMS APPLICATION AND NOTICE Applicant BJC Developing LLC (Applicant) has applied for a 67-Lot Preliminary Plat for a Subdivision to be known as Wamba Meadows III. Wamba Meadows III is unrelated to the proposed Wamba Meadows and Wamba Meadows II plats. Applicant has also requested a re-zone from Residential Medium Density (RM) District to Residential Manufacture Home Subdivision (RMS). The property was pre-zoned upon annexation as RM in accordance with Ordinance 18-3079. RMS allows both stick built homes and manufactured housing. All residential zoning districts allow for manufactured homes provided such homes comply with the City's design standards contained in PMC 18.07. Applicant proposes restrictive covenants governing the size of homes. The Applicant proposes to construct stick-build homes. Date of Application: January 31, 2023. Date Application was determined complete and notice of application provided: May 24, 2023. Due to an error on the day of the public hearing, a corrected notice of application was also provided on June 8, 2023. The notice of complete application was posted on the property on May 24, 2023 , and a corrected notice of application was posted on June 8, 2023. The notice of application was mailed to all owners of properties within 300 feet of the exterior boundaries of the proposed subdivision/re- zone. A corrected notice of application was mailed to all owners of properties within 300 feet of the exterior boundaries of the proposed subdivision/re-zone. Both notices of application were also uploaded into the State Portal providing notice to all affected state and local agencies. The notice of public hearing was contained in the notice of complete application. The hearing was scheduled for Wednesday June 28, 2023, virtually and in person, at the Prosser City Hall---1002 Dudley Avenue, Prosser, Washington. The application is for properties having Benton County Parcel Numbers: 1-3594-200-0007-000, 1-3594-200-0006-000, 1-3594-200-0005-000, and 1-3594-201-0195-001. The property is located North ofl-82 and West of North Wamba Road and as shown below: Page 3 of 154  YI J ohnsor1 Rd W Johnson Rd WJohnson Rd Area->- ~ ~ "- ~1.e )T • Prosser ft The Applicant' s proposed preliminary plat is set forth below: RE-ZONE The property is currently zoned RM. The development standards and permitted uses in the RM district are as follows: A. One single-family dwelling per lot or one duplex per lot; Page 4 of 154  B. Accessory apartments (Section 18.60.140); C. Family day care homes (Section 18.60.190); and D. Accessory uses and structures related to a permitted use. E. Minimum Lot Size is 7,500 square feet for one structure or 10,000 square feet for a duplex. F. Minimum Lot Width: 75 feet. G. Minimum setbacks: street frontage, twenty feet; sides, five feet on one side, and ten feet on the garage side or if no garage then the driveway side if the same exist; rear, twenty feet. F. Manufactured Homes are allowed, provided they comply with PMC 18.07. The proposed zoning change is to RMS. The development standards for and the following are the only uses permitted in an RMS district: A. One manufactured home per lot (must comply with PMC 18.07). B. One single-family dwelling per lot. C. Accessory uses and structures related to a permitted use. D. Accessory apartments (Section 18.60.140). E. Family day care homes (Section 18.60.190). F. Housing for people with functional disabilities. G. Minimum lot size is 5,000 square feet. H. Minimum setbacks: street frontage, twenty feet; side, five feet on one side, and ten feet on the other side which shall be the garage side or if no garage then the driveway side if the same exist; rear, twenty feet. I. Minimum lot width is 60 feet. Prior Zoning: The City, by passing Ordinance 18-3079, pre-zoned all property designated as Residential in its Urban Growth Area as RM. That zoning took effect upon the annexation of the property subject to this application. Because this was a pre-zone, property owners may apply for a change of zone to fit the conditions and location of such applicant's property. Here, the Applicant seeks to change the Zone to RMS. That change results the ability to construct an additional two homes per acre. The Applicant here proposes a mixture of large lots encompassing the four existing homes along with smaller lots all larger than 5,000 square feet. The City's Comprehensive Page 5 of 154 Plan provides that RM generally allows for 5-9 units per acres and RMS allows for 6-9 units per acre. Therefore a development in RM that consists of duplexes may be as dense as an RMS zone that only allows for single family homes. Surrounding Area: The properties to the North are zoned RM or are pre-zoned RM (if they are outside the city limits and located South of Johnson Road). The properties to the South of the property are zoned RMS (Wamba Meadows I and II). The properties to the West are zoned Commercial General District. The properties to the East are zoned RM or pre-zoned RM (if they are outside the city limits). A hospital campus is under construction to the Southwest of the property. Comprehensive Plan Designation for this property: Residential. Comments: A. Roy and Pamela Reeves dated June 8, 2023, withdrawing their objection filed previously. B Joe and Holly Ohler' s comments were based on SEP A. Those comments are addressed below. C. No other comments have been received. Staff recommends approval of the proposed change in zone because a change in zone is necessary in order for a subdivision to be economically feasible given that there are four existing single- family dwellings located on the property. This will allow the property to develop at an urban density although it contains homes on large parcels that were constructed prior to being annexed into the City. Properties in the Urban Growth Area are intended to be developed at an urban density. The re-zone will also allow the existing homes to remain on large lots so that those owners may maintain their existing standard of living. The re-zone is also consistent with the properties to the South. The re-zone is consistent with the Comprehensive Plan because RMS is a residential district and the Comprehensive Plan allows properties designated as Residential be zoned any residential zone except SSR. Therefore the City believes the re-zone promotes the public necessity, convenience and general welfare of the city. PRELIMINARY PLAT Consistency with Comprehensive Plan: A re-zone to RMS is required in order to find the proposed plat is consistent with the City's Comprehensive Plan. The following provisions of the Comprehensive Plan support approval of the proposed plat: Policy LU-4.1. Encourage infill of undeveloped and underdeveloped properties within the city limits in order to make more efficient use of available utilities and manage growth. GOAL H-5: Encourage a variety of residential densities located in areas that max1m1ze connectivity to jobs, goods and services, and recreation. Page 6 of 154 Approval of the plat/subdivision also requires approval of a variance for lot frontage on lots 59 and 60. The criteria for approval of a subdivision is as follows: 17.12.070 Criteria for recommendation. If the planning commission finds the items set forth in this subsection are met, then the preliminary plat shall be given a recommendation for approval. If the planning commission finds that the criteria set forth herein are not met, it may recommend conditioning or denial of the proposed preliminary plat. A. The planning commission shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication. It shall determine if appropriate provisions are made for, but not limited to, the public health, safety and general welfare, for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, sites for schools and school grounds and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who walk to or from school, and determine whether the public interest will be served by the subdivision and dedication; B. The planning commission may carefully inspect the site and shall determine if the proposed subdivision conforms to the comprehensive plan and the shoreline master program; C. The planning commission shall consider the physical characteristics of a proposed subdivision site and may recommend disapproval of a proposed plat because of potential flood, inundation or swamp conditions; D. All identified direct impacts must be mitigated as set forth in Chapter 16.08 of the Prosser Municipal Code. Physical Characteristics: The property is generally flat with a slight upward slope to the North. There is no history of any flood or inundation occurring on the property. Although not addressed in the SEP A, the Ohlers commented that a wetland may be located within the plat. Upon further investigation, a potential wetland may be located near the western boundary of the plat. As a condition of approval, the Applicant shall use best available science to determine whether a wetland is located on the property and prepare a report in accordance with Prosser Municipal Code Chapters 16.10 and 16.20. The Applicant shall be required to comply with any recommendation for mitigation made in that report. Public Use and Interest: The subdivision infills an area of the city limits that is dominated by development that is not improved at urban density. Public health, safety and general welfare/water/wastewater/stormwater: The plat will be connected to public water and wastewater. The City has adequate water and wastewater capacity to add the additional housing created by the plat. The plat will have direct access to Wamba Road. Page 7 of 154 The plat will be stubbed for future connection to the Wamba Meadow I and II subdivision internal roads that will also connect to Wamba Road and Shelby Road. Wamba/Shelby Roads intersects with Johnson Road which intersects with Gap Road providing access to the City's major thoroughfare Wine Country Road and to Interstate 82 Exit 80. Wamba/Shelby also intersect with Hinzerling which intersects with Wine Country Road providing access to 1-82 Exit 82. Applicant has not addressed storm water retention. Prior to the approval of the plat the Applicant shall address that issue in accordance with the SEPA. For open spaces, drainage ways, streets, alleys, other public ways/parks/playgrounds: In lieu of open space or the construction of a park, the City has determined that the Applicant shall pay a park fee in the amount of $975.07 for each dwelling unit constructed in the subdivision. That fee can only be used for a capital park project. All streets are proposed to be constructed in accordance with the City' s standards. The City' s SEPA determination requires a traffic analysis to determine whether any off-site transportation improvements are required to maintain a level of service of not less than Con all nearby roads. Wamba/Johnson, Shelby/Hinzerling and Johnson/Gap are all stop controlled. Applicant is required to construct frontage improvement to W amba Roads for the entire frontage of the subdivision. These improvements include, but are not limited to, curb, gutter, stormwater retention, and LED Street lighting. Sites for schools and school grounds/safe walking conditions to School: The Prosser School District has not requested any land be set aside for a future school. The proposed plat contains sidewalks. The subdivision is located outside the walkable distance to any schools. Students will be bused to the appropriate school. Public Interest: Approval of the plat/subdivision provides for infill in an area of the city dominated by low-density residential development. The plat will bring the area into compliance with the requirements of Growth Management and the Prosser Comprehensive Plan. Although not a condition of SEPA, the Commission can condition of approval of the subdivision on a buffer from the adjacent lower density residential development as a condition of approval. SEPA Environmental Review: The City used the optional process contained in Washington Administrative Code (WAC) Section 197-11-355 to make its threshold determination. The City issued a Mitigated Determination of Non-significance (MONS) for this project on June 15, 2023 . The SEPA determination is attached to this staff report and the conditions in the SEPA are: 1. A Storm Water Drainage Retention Plan (Erosion Sediment control Plan) is needed for all construction sites as required by the State Department of Ecology. A City approved storm drain plan should retain storm water on site. Erosion control measures must be in place prior to any clearing, grading or construction. These control measures must be able to prevent soil from being carried into surface water (this includes storm drains) by storm water runoff. Said retention and disposal may require the installation and maintenance of oil/water separators. Storm water runoff calculations and drainage facilities sizing calculations must be prepared by a Washington Registered Professional Engineer and be submitted to the City for review and approval prior to Page 8 of 154 construction. A National Pollutant Discharge Elimination System (NPDES) Construction Storm Water General Permit may be required if there is a potential for storm water discharges from a construction site larger than one acre. Obtaining a permit is at least a 38 day process. Please submit a permit application to the State Department of Ecology at (509) 575-2807. Please provide the City with a copy of the State permit if required. A Dam Safety Permit may be required by the Department of Ecology. If such a permit is required, please provide a copy of it to the City. If any stormwater or surface water runoff is discharged to the 1-82 right-of-way, then the property owner shall obtain a WSDOT Utility Permit and provide a copy of such permit to the City. 2. The property shall submit plans for lighting fixtures that will reduce light scatter in accordance with the City's Standard Specifications for construction of public improvements in compliance with the Prosser Municipal Code. 3. Fire hydrants shall be installed as per the requirements of the City' s Fire Official in compliance with the Prosser Municipal Code. 4. All permits required by Benton County Clean Air Authority and the Washington State Department of Ecology shall be acquired prior to commencement of construction of the Subdivision. 5. Due to topography, sewer mainlines shall be stubbed to the properties to the North of the subdivision for future extension at locations determined at the time of final plat. All such sewer lines shall be fully contained in right-of-way dedicated to the City of Prosser. 6. Frontage improvements (1/2 street) shall be made to Wamba Road adjacent to the Subdivision as follows: Local access per City Standard specifications, including, but not limited to, curb, gutters, sidewalks, stormwater, bike lanes & lighting. 7. In addition to all Prosser Municipal Code and Benton County Code requirements, streets shall be improved as follows: 7 .1 A traffic analysis shall be completed before final plat approval showing any necessary improvements due to impacts to North Wamba Road or West Shelby Road caused by this subdivision. The traffic study shall also analyze whether the project will cause either of the following intersections to fall below their LOS designated by Benton County or the City of Prosser: North Wamba Road/Johnson; West Shelby Road/OIE Highway (Hinzerling). Improvements to the intersections and roads shall be made by the developer, if required by the traffic study. 7 .2 Signs shall be installed on Wamba Road as required by Benton County and the City in accordance with the MUTCD. 8. In lieu of the construction of a park in the Wamba Meadows Subdivision, Developer has agreed to pay a fee of $975.07 for each dwelling unit constructed in the project (a Page 9 of 154 duplex shall be considered two dwelling units). The fee for each dwelling unit shall be paid in full before a building permit is issued to construct that dwelling unit. 9. Before the Final Plat may be approved, the Developer must either extend public water main lines, fire flow facilities, and sewer mainlines to its property or enter into an agreement to ensure such facilities and utilities will be available to serve the subdivision. No certificate of occupancy for any structure in the Subdivision will be approved until all such public utilities are available to serve such structure. 10. Prior to the approval of the preliminary plat the Developer shall provide an amended preliminary plat showing how stormwater will be retained in accordance with the Prosser Municipal Code. If stormwater facilities are off-site, then in addition to amending the preliminary plat, the Developer shall also show that he has the other property owner( s) permission to use such off-site facilities. Public Comments: I. Joe and Holy Ohler. 1. Comment: the answer to section 3(a)(l) of the Checklist is incorrect. City's response. The City has identified a potential wetland along the Western boundary of the subdivision (shown on the attached map). The Applicant shall use best available science to determine whether a wetland is located on the property and prepare a report in accordance PMC Chapter 16.10 and 16.20. The Applicant shall follow all recommendations made in such report. 2. Comment: the answer provided in section 3(a)(2) is incorrect. City's response, see above. 3. Comment: surface water management not identified. City's response. Mitigation measure number 1 on the SEPA addresses this issue by requiring a surface water plan prior to any construction. The applicant also must address permanent stormwater retention before the plat can be approved. 4. Comment: Plants not adequately described that habitat should not be disturbed. City's response: Given no endangered species have been identified within any identified habitat and the fact that the property is located within the city allowing for development at urban density, the city cannot condition development upon maintaining such habitat. The Comprehensive Plan Map attached does not identify any critical habitat areas on the property. Page 10 of 154  5. Comment: Animals on the property have not been adequately identified. City's response: No endangered species have been identified; therefore, the city has no legal basis to restrict the use of the property. Great Homed Owls are not endangered. 6. Comment: Noise is not adequately provided for. City's response: all areas in the city that are capable of development should be developed at urban density. Unfortunately, traffic noise is not avoidable. 7. Comment: Structures to be demolished are not adequately identified. City's response: The city agrees but that omission is not material because none of the identified structures is on the historical preservation list. 8. Comment: Re-zone is not necessary to get urban density. City's response: the City agrees; however, the alternative is to construct duplexes in RM which the city believes would not be appropriate in this area. 9. Comment: A park or open space should be required. City's response: the City considered a small (two lot) park in the area, but determined a fee in lieu of construction of a park better served the needs of the public. If Wamba Meadows I and II are constructed, then this plat will have direct access to the adjacent hospital campus which plans to construct passive recreational features such as a walking path. 10. Disturbance of view is not addressed. City's response: Although views are addressed in SEPA, Washington State has no legal protection for views and the city could be held liable if it limited one property owner's use of its property on the protection of another property owners views. 11. Comment: Light glare and a buffer should be provided. City's response: the City requires all lighting to be directed downward to reduce light scatter. Although SEP A does not allow the requirement of a buffer, the Commission could require buffering as described above in the public interest. CITY RECOMMENDATION The City recommends approval of the change in the zoning designation of the property, but not until the applicant clarifies how stormwater will be retained within the subdivision. Staff will prepare a recommendation and motion once that issue has been addressed. 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Item Type: Action Department: Director: Contact Person: Phone Number: Planning Steve Zetz Steve Zetz 509-786-1817 Cost of Proposal: Fund Name and Number: Paid by applicant. Amount Budgeted: N/A Reviewed by Finance Department: TY 07/06/2023 Attachments to Agenda Packet Item: 1. Staff Report, including maps and SEPA determination attached. Summary Statement: Applicant has requested multiple continuations while they attempt to negotiate the use of adjacent property for storm water discharge. To date there has been no communication from the applicant on this issue. Without addressing where storm water will be discharged the City may not recommend approval. Consistent with Council Goal: Goal #1: Livability & Quality of Life Recommended Action/Suggested Motion: Applicant has failed to address the Storm Water issue with the proposed development. The Public Hearing has been continued numerous times. Staff Recommend that the application be Page 77 of 154 denied and the applicant resubmit a new application with the missing storm water information once the applicant has resolved that issue. Reviewed by Department Reviewed by City Attorney: Approved by City Director: Administrator: Date: Date: Date: Page 78 of 154  STAFF REPORT JUNE 22, 2023 WAMBA MEADOWS III RE-ZONE FROM RM TO RMS APPLICATION AND NOTICE Applicant BJC Developing LLC (Applicant) has applied for a 67-Lot Preliminary Plat for a Subdivision to be known as Wamba Meadows III. Wamba Meadows III is unrelated to the proposed Wamba Meadows and Wamba Meadows II plats. Applicant has also requested a re-zone from Residential Medium Density (RM) District to Residential Manufacture Home Subdivision (RMS). The property was pre-zoned upon annexation as RM in accordance with Ordinance 18-3079. RMS allows both stick built homes and manufactured housing. All residential zoning districts allow for manufactured homes provided such homes comply with the City's design standards contained in PMC 18.07. Applicant proposes restrictive covenants governing the size of homes. The Applicant proposes to construct stick-build homes. Date of Application: January 31, 2023. Date Application was determined complete and notice of application provided: May 24, 2023. Due to an error on the day of the public hearing, a corrected notice of application was also provided on June 8, 2023. The notice of complete application was posted on the property on May 24, 2023 , and a corrected notice of application was posted on June 8, 2023. The notice of application was mailed to all owners of properties within 300 feet of the exterior boundaries of the proposed subdivision/re- zone. A corrected notice of application was mailed to all owners of properties within 300 feet of the exterior boundaries of the proposed subdivision/re-zone. Both notices of application were also uploaded into the State Portal providing notice to all affected state and local agencies. The notice of public hearing was contained in the notice of complete application. The hearing was scheduled for Wednesday June 28, 2023, virtually and in person, at the Prosser City Hall---1002 Dudley Avenue, Prosser, Washington. The application is for properties having Benton County Parcel Numbers: 1-3594-200-0007-000, 1-3594-200-0006-000, 1-3594-200-0005-000, and 1-3594-201-0195-001. The property is located North ofl-82 and West of North Wamba Road and as shown below: Page 79 of 154  YI J ohnsor1 Rd W Johnson Rd WJohnson Rd Area->- ~ ~ "- ~1.e )T • Prosser ft The Applicant' s proposed preliminary plat is set forth below: RE-ZONE The property is currently zoned RM. The development standards and permitted uses in the RM district are as follows: A. One single-family dwelling per lot or one duplex per lot; Page 80 of 154  B. Accessory apartments (Section 18.60.140); C. Family day care homes (Section 18.60.190); and D. Accessory uses and structures related to a permitted use. E. Minimum Lot Size is 7,500 square feet for one structure or 10,000 square feet for a duplex. F. Minimum Lot Width: 75 feet. G. Minimum setbacks: street frontage, twenty feet; sides, five feet on one side, and ten feet on the garage side or if no garage then the driveway side if the same exist; rear, twenty feet. F. Manufactured Homes are allowed, provided they comply with PMC 18.07. The proposed zoning change is to RMS. The development standards for and the following are the only uses permitted in an RMS district: A. One manufactured home per lot (must comply with PMC 18.07). B. One single-family dwelling per lot. C. Accessory uses and structures related to a permitted use. D. Accessory apartments (Section 18.60.140). E. Family day care homes (Section 18.60.190). F. Housing for people with functional disabilities. G. Minimum lot size is 5,000 square feet. H. Minimum setbacks: street frontage, twenty feet; side, five feet on one side, and ten feet on the other side which shall be the garage side or if no garage then the driveway side if the same exist; rear, twenty feet. I. Minimum lot width is 60 feet. Prior Zoning: The City, by passing Ordinance 18-3079, pre-zoned all property designated as Residential in its Urban Growth Area as RM. That zoning took effect upon the annexation of the property subject to this application. Because this was a pre-zone, property owners may apply for a change of zone to fit the conditions and location of such applicant's property. Here, the Applicant seeks to change the Zone to RMS. That change results the ability to construct an additional two homes per acre. The Applicant here proposes a mixture of large lots encompassing the four existing homes along with smaller lots all larger than 5,000 square feet. The City's Comprehensive Page 81 of 154 Plan provides that RM generally allows for 5-9 units per acres and RMS allows for 6-9 units per acre. Therefore a development in RM that consists of duplexes may be as dense as an RMS zone that only allows for single family homes. Surrounding Area: The properties to the North are zoned RM or are pre-zoned RM (if they are outside the city limits and located South of Johnson Road). The properties to the South of the property are zoned RMS (Wamba Meadows I and II). The properties to the West are zoned Commercial General District. The properties to the East are zoned RM or pre-zoned RM (if they are outside the city limits). A hospital campus is under construction to the Southwest of the property. Comprehensive Plan Designation for this property: Residential. Comments: A. Roy and Pamela Reeves dated June 8, 2023, withdrawing their objection filed previously. B Joe and Holly Ohler' s comments were based on SEP A. Those comments are addressed below. C. No other comments have been received. Staff recommends approval of the proposed change in zone because a change in zone is necessary in order for a subdivision to be economically feasible given that there are four existing single- family dwellings located on the property. This will allow the property to develop at an urban density although it contains homes on large parcels that were constructed prior to being annexed into the City. Properties in the Urban Growth Area are intended to be developed at an urban density. The re-zone will also allow the existing homes to remain on large lots so that those owners may maintain their existing standard of living. The re-zone is also consistent with the properties to the South. The re-zone is consistent with the Comprehensive Plan because RMS is a residential district and the Comprehensive Plan allows properties designated as Residential be zoned any residential zone except SSR. Therefore the City believes the re-zone promotes the public necessity, convenience and general welfare of the city. PRELIMINARY PLAT Consistency with Comprehensive Plan: A re-zone to RMS is required in order to find the proposed plat is consistent with the City's Comprehensive Plan. The following provisions of the Comprehensive Plan support approval of the proposed plat: Policy LU-4.1. Encourage infill of undeveloped and underdeveloped properties within the city limits in order to make more efficient use of available utilities and manage growth. GOAL H-5: Encourage a variety of residential densities located in areas that max1m1ze connectivity to jobs, goods and services, and recreation. Page 82 of 154 Approval of the plat/subdivision also requires approval of a variance for lot frontage on lots 59 and 60. The criteria for approval of a subdivision is as follows: 17.12.070 Criteria for recommendation. If the planning commission finds the items set forth in this subsection are met, then the preliminary plat shall be given a recommendation for approval. If the planning commission finds that the criteria set forth herein are not met, it may recommend conditioning or denial of the proposed preliminary plat. A. The planning commission shall inquire into the public use and interest proposed to be served by the establishment of the subdivision and dedication. It shall determine if appropriate provisions are made for, but not limited to, the public health, safety and general welfare, for open spaces, drainage ways, streets, alleys, other public ways, water supplies, sanitary wastes, parks, playgrounds, sites for schools and school grounds and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who walk to or from school, and determine whether the public interest will be served by the subdivision and dedication; B. The planning commission may carefully inspect the site and shall determine if the proposed subdivision conforms to the comprehensive plan and the shoreline master program; C. The planning commission shall consider the physical characteristics of a proposed subdivision site and may recommend disapproval of a proposed plat because of potential flood, inundation or swamp conditions; D. All identified direct impacts must be mitigated as set forth in Chapter 16.08 of the Prosser Municipal Code. Physical Characteristics: The property is generally flat with a slight upward slope to the North. There is no history of any flood or inundation occurring on the property. Although not addressed in the SEP A, the Ohlers commented that a wetland may be located within the plat. Upon further investigation, a potential wetland may be located near the western boundary of the plat. As a condition of approval, the Applicant shall use best available science to determine whether a wetland is located on the property and prepare a report in accordance with Prosser Municipal Code Chapters 16.10 and 16.20. The Applicant shall be required to comply with any recommendation for mitigation made in that report. Public Use and Interest: The subdivision infills an area of the city limits that is dominated by development that is not improved at urban density. Public health, safety and general welfare/water/wastewater/stormwater: The plat will be connected to public water and wastewater. The City has adequate water and wastewater capacity to add the additional housing created by the plat. The plat will have direct access to Wamba Road. Page 83 of 154 The plat will be stubbed for future connection to the Wamba Meadow I and II subdivision internal roads that will also connect to Wamba Road and Shelby Road. Wamba/Shelby Roads intersects with Johnson Road which intersects with Gap Road providing access to the City's major thoroughfare Wine Country Road and to Interstate 82 Exit 80. Wamba/Shelby also intersect with Hinzerling which intersects with Wine Country Road providing access to 1-82 Exit 82. Applicant has not addressed storm water retention. Prior to the approval of the plat the Applicant shall address that issue in accordance with the SEPA. For open spaces, drainage ways, streets, alleys, other public ways/parks/playgrounds: In lieu of open space or the construction of a park, the City has determined that the Applicant shall pay a park fee in the amount of $975.07 for each dwelling unit constructed in the subdivision. That fee can only be used for a capital park project. All streets are proposed to be constructed in accordance with the City' s standards. The City' s SEPA determination requires a traffic analysis to determine whether any off-site transportation improvements are required to maintain a level of service of not less than Con all nearby roads. Wamba/Johnson, Shelby/Hinzerling and Johnson/Gap are all stop controlled. Applicant is required to construct frontage improvement to W amba Roads for the entire frontage of the subdivision. These improvements include, but are not limited to, curb, gutter, stormwater retention, and LED Street lighting. Sites for schools and school grounds/safe walking conditions to School: The Prosser School District has not requested any land be set aside for a future school. The proposed plat contains sidewalks. The subdivision is located outside the walkable distance to any schools. Students will be bused to the appropriate school. Public Interest: Approval of the plat/subdivision provides for infill in an area of the city dominated by low-density residential development. The plat will bring the area into compliance with the requirements of Growth Management and the Prosser Comprehensive Plan. Although not a condition of SEPA, the Commission can condition of approval of the subdivision on a buffer from the adjacent lower density residential development as a condition of approval. SEPA Environmental Review: The City used the optional process contained in Washington Administrative Code (WAC) Section 197-11-355 to make its threshold determination. The City issued a Mitigated Determination of Non-significance (MONS) for this project on June 15, 2023 . The SEPA determination is attached to this staff report and the conditions in the SEPA are: 1. A Storm Water Drainage Retention Plan (Erosion Sediment control Plan) is needed for all construction sites as required by the State Department of Ecology. A City approved storm drain plan should retain storm water on site. Erosion control measures must be in place prior to any clearing, grading or construction. These control measures must be able to prevent soil from being carried into surface water (this includes storm drains) by storm water runoff. Said retention and disposal may require the installation and maintenance of oil/water separators. Storm water runoff calculations and drainage facilities sizing calculations must be prepared by a Washington Registered Professional Engineer and be submitted to the City for review and approval prior to Page 84 of 154 construction. A National Pollutant Discharge Elimination System (NPDES) Construction Storm Water General Permit may be required if there is a potential for storm water discharges from a construction site larger than one acre. Obtaining a permit is at least a 38 day process. Please submit a permit application to the State Department of Ecology at (509) 575-2807. Please provide the City with a copy of the State permit if required. A Dam Safety Permit may be required by the Department of Ecology. If such a permit is required, please provide a copy of it to the City. If any stormwater or surface water runoff is discharged to the 1-82 right-of-way, then the property owner shall obtain a WSDOT Utility Permit and provide a copy of such permit to the City. 2. The property shall submit plans for lighting fixtures that will reduce light scatter in accordance with the City's Standard Specifications for construction of public improvements in compliance with the Prosser Municipal Code. 3. Fire hydrants shall be installed as per the requirements of the City' s Fire Official in compliance with the Prosser Municipal Code. 4. All permits required by Benton County Clean Air Authority and the Washington State Department of Ecology shall be acquired prior to commencement of construction of the Subdivision. 5. Due to topography, sewer mainlines shall be stubbed to the properties to the North of the subdivision for future extension at locations determined at the time of final plat. All such sewer lines shall be fully contained in right-of-way dedicated to the City of Prosser. 6. Frontage improvements (1/2 street) shall be made to Wamba Road adjacent to the Subdivision as follows: Local access per City Standard specifications, including, but not limited to, curb, gutters, sidewalks, stormwater, bike lanes & lighting. 7. In addition to all Prosser Municipal Code and Benton County Code requirements, streets shall be improved as follows: 7 .1 A traffic analysis shall be completed before final plat approval showing any necessary improvements due to impacts to North Wamba Road or West Shelby Road caused by this subdivision. The traffic study shall also analyze whether the project will cause either of the following intersections to fall below their LOS designated by Benton County or the City of Prosser: North Wamba Road/Johnson; West Shelby Road/OIE Highway (Hinzerling). Improvements to the intersections and roads shall be made by the developer, if required by the traffic study. 7 .2 Signs shall be installed on Wamba Road as required by Benton County and the City in accordance with the MUTCD. 8. In lieu of the construction of a park in the Wamba Meadows Subdivision, Developer has agreed to pay a fee of $975.07 for each dwelling unit constructed in the project (a Page 85 of 154 duplex shall be considered two dwelling units). The fee for each dwelling unit shall be paid in full before a building permit is issued to construct that dwelling unit. 9. Before the Final Plat may be approved, the Developer must either extend public water main lines, fire flow facilities, and sewer mainlines to its property or enter into an agreement to ensure such facilities and utilities will be available to serve the subdivision. No certificate of occupancy for any structure in the Subdivision will be approved until all such public utilities are available to serve such structure. 10. Prior to the approval of the preliminary plat the Developer shall provide an amended preliminary plat showing how stormwater will be retained in accordance with the Prosser Municipal Code. If stormwater facilities are off-site, then in addition to amending the preliminary plat, the Developer shall also show that he has the other property owner( s) permission to use such off-site facilities. Public Comments: I. Joe and Holy Ohler. 1. Comment: the answer to section 3(a)(l) of the Checklist is incorrect. City's response. The City has identified a potential wetland along the Western boundary of the subdivision (shown on the attached map). The Applicant shall use best available science to determine whether a wetland is located on the property and prepare a report in accordance PMC Chapter 16.10 and 16.20. The Applicant shall follow all recommendations made in such report. 2. Comment: the answer provided in section 3(a)(2) is incorrect. City's response, see above. 3. Comment: surface water management not identified. City's response. Mitigation measure number 1 on the SEPA addresses this issue by requiring a surface water plan prior to any construction. The applicant also must address permanent stormwater retention before the plat can be approved. 4. Comment: Plants not adequately described that habitat should not be disturbed. City's response: Given no endangered species have been identified within any identified habitat and the fact that the property is located within the city allowing for development at urban density, the city cannot condition development upon maintaining such habitat. The Comprehensive Plan Map attached does not identify any critical habitat areas on the property. Page 86 of 154  5. Comment: Animals on the property have not been adequately identified. City's response: No endangered species have been identified; therefore, the city has no legal basis to restrict the use of the property. Great Homed Owls are not endangered. 6. Comment: Noise is not adequately provided for. City's response: all areas in the city that are capable of development should be developed at urban density. Unfortunately, traffic noise is not avoidable. 7. Comment: Structures to be demolished are not adequately identified. City's response: The city agrees but that omission is not material because none of the identified structures is on the historical preservation list. 8. Comment: Re-zone is not necessary to get urban density. City's response: the City agrees; however, the alternative is to construct duplexes in RM which the city believes would not be appropriate in this area. 9. Comment: A park or open space should be required. City's response: the City considered a small (two lot) park in the area, but determined a fee in lieu of construction of a park better served the needs of the public. If Wamba Meadows I and II are constructed, then this plat will have direct access to the adjacent hospital campus which plans to construct passive recreational features such as a walking path. 10. Disturbance of view is not addressed. City's response: Although views are addressed in SEPA, Washington State has no legal protection for views and the city could be held liable if it limited one property owner's use of its property on the protection of another property owners views. 11. Comment: Light glare and a buffer should be provided. City's response: the City requires all lighting to be directed downward to reduce light scatter. Although SEP A does not allow the requirement of a buffer, the Commission could require buffering as described above in the public interest. CITY RECOMMENDATION The City recommends approval of the change in the zoning designation of the property, but not until the applicant clarifies how stormwater will be retained within the subdivision. Staff will prepare a recommendation and motion once that issue has been addressed. Page 87 of 154 Page 88 of 154 Page 89 of 154 Page 90 of 154 Page 91 of 154 Page 92 of 154 Page 93 of 154 Page 94 of 154 Page 95 of 154 Page 96 of 154 Page 97 of 154 Page 98 of 154 Page 99 of 154 Page 100 of 154 Page 101 of 154 Page 102 of 154 Page 103 of 154 Page 104 of 154 Page 105 of 154 Page 106 of 154 Page 107 of 154 Page 108 of 154 Page 109 of 154 Page 110 of 154 Page 111 of 154 Page 112 of 154 Page 113 of 154 Page 114 of 154 Page 115 of 154 Page 116 of 154 Page 117 of 154 Page 118 of 154 Page 119 of 154 Page 120 of 154 Page 121 of 154 Page 122 of 154 Page 123 of 154 Page 124 of 154 Page 125 of 154 Page 126 of 154 Page 127 of 154 Page 128 of 154 Page 129 of 154 Page 130 of 154 Page 131 of 154 Page 132 of 154 Page 133 of 154 Page 134 of 154 Page 135 of 154 Page 136 of 154 Page 137 of 154 Page 138 of 154 Page 139 of 154 Page 140 of 154 Page 141 of 154 Page 142 of 154 Page 143 of 154 Page 144 of 154 Page 145 of 154 Page 146 of 154 Page 147 of 154 Page 148 of 154 Page 149 of 154 Page 150 of 154 Page 151 of 154 Page 152 of 154  CITY OF PROSSER, WASHINGTON AGENDA BILL Agenda Title: Meeting Date: Continue Public Hearing from November February 15, 2024 2023 and take action to approve, modify, or Planning Commission Meeting deny a re-zone of property from RM to RMS and to approve the preliminary plat for Wamba Meadows III. Item Type: Action Department: Director: Contact Person: Phone Number: Planning Steve Zetz Steve Zetz 509-786-1817 Cost of Proposal: Fund Name and Number: Paid by applicant. Amount Budgeted: N/A Reviewed by Finance Department: TY 07/06/2023 Attachments to Agenda Packet Item: 1. Staff Report, including maps and SEPA determination attached. Summary Statement: Applicant has requested multiple continuations while they attempt to negotiate the use of adjacent property for storm water discharge. To date there has been no communication from the applicant on this issue. Without addressing where storm water will be discharged the City may not recommend approval. Consistent with Council Goal: Goal #1: Livability & Quality of Life Recommended Action/Suggested Motion: Applicant has failed to address the Storm Water issue with the proposed development. The Public Hearing has been continued numerous times. Staff Recommend that the application be Page 153 of 154 denied and the applicant resubmit a new application with the missing storm water information once the applicant has resolved that issue. Reviewed by Department Reviewed by City Attorney: Approved by City Director: Administrator: Date: Date: Date: Page 154 of 154