Tri Cities Reporter

NOTICE IS HEREBY GIVEN that following a duly noticed open record public hearing held by the Benton City Planning Commission on April 20, 2022, the City Council held a closed record public hearing on May 19, 2022 and conditionally approved a preliminary Short Plat application to divide one parcel into two lots and additionally granted the requested variance from BCMC 17.20.150, to allow the creation of a residential lot that will not abut a dedicated street.

NOTICE OF DECISION

NOTICE DATE: WEDNESDAY, MAY 18, 2022

NOTICE IS HEREBY GIVEN that following a duly noticed open record public hearing held by the Benton City Planning Commission on April 20, 2022, the City Council held a closed record public hearing on May 19, 2022 and conditionally approved a preliminary Short Plat application to divide one parcel into two lots and additionally granted the requested variance from BCMC 17.20.150, to allow the creation of a residential lot that will not about a dedicated street. The decision was based on specific written findings (see below) and the final short plat approval is subject to the 10 conditions (listed below) and the provisions of BCMC 17.12.080 (per Ord. 602, August 1994).

The subject property is zoned C-1 Commercial and R-3 High Density Residential District (split). The site contains an existing commercial mini-storage building that is approximately 3,000 square feet in size which will remain on proposed Lot 1. There are no critical areas on or near the site.

LOCATION: The proposed lots are located at 1204 Horne Rd, Benton City, WA and are situated in portions of Lots 2, 3, and 4, Short Plat No. 815; Section 7, Township 9 North, Range 27 East, W.M. City of Benton City, WA. Parcel: 107973010815009.

SEPA: The proposal is exempt from State Environmental Policy Act (SEPA) threshold determination and EIS requirements per WAC 197-11-800(6)(d) and (6)(e).

APPEALS from the final decision of the City Council shall be made to the Benton County Superior Court within 21 days of the date of the decision, as provided in Chapter 36.70C RCW. Notice of the appeal and any other pleadings required to be filed with the court must be served to the mayor, city clerk and city attorney within the applicable time period. The cost of transcribing and preparing all records ordered certified by the court or desired by the appellant for such appeal shall be borne by the appellant. The appellant must post, with the city clerk prior to the preparation of any records, an advance fee deposit in the amount specified by the city clerk. Any overage will be promptly returned to the appellant. If the advance is not enough to cover the costs of the requested work, the information will not be submitted to the appellant until adequate remuneration is given the city. (BCMC 2.70.150.D)

File: Ilin Short Plat and Variance

Staff Contact: Rebecca Ozuna, City Clerk / Treasurer, 1009 Dale Ave Ste A, Benton City, WA 99320; tel. 509-588-3322; email rozuna@ci.benton-city.wa.us

SUGGESTED FINDINGS OF FACT

The City Council, upon recommendation of the Planning Commission, may authorize a variance to request relief from the frontage requirement (BCMC 17.20.150 and BCMC 20.45.080) and to allow a new lot to be created without street frontage that meets the approval requirements as listed in BCMC 17.40.020.

The following findings of fact apply to the proposed variance:

1. There are special circumstances or conditions affecting the property that are not common to all other property in the area.
   1. The parcel is a unique shape and in a location to which legal access is not available to the undeveloped area due to existing development and structures.
   2. This proposal would be limited to one lot without frontage that has special circumstances making this necessary.
2. The variance is necessary for the preservation and enjoyment of substantial property rights enjoyed by other properties in the same vicinity and that extraordinary hardship would result from strict compliance with these regulations because of the special circumstances or conditions affecting the property.
   1. It is impractical to extend the public roadway due to the geometric features of the site, existing uses, and location of the property. Given those items and the size of the development, it would be impractical to extend or build a publicly dedicated street.
   2. The proposal is an efficient use of land and serves as infill development on property near schools, parks, and bike lanes.
3. The granting of a variance will not be detrimental to the public health, safety, or welfare or injurious to other property in the vicinity of the property involved.
   1. Access to the site will be achieved via two access easements extending from 13th Street to the site over the adjacent parcel to the east (parcel # 107973010815010).
   2. A recommended condition of approval is that the “building shall have complete fire department access roads meeting the BCMC and ICC fire department access roads” to ensure safety and public welfare.

The following findings of fact apply to the proposed short plat per the criteria in BCMC 17.12.060:

1. Appropriate provisions are made for the public health, safety, general welfare, fire protection and other necessary services, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transits stops, potable water supplies, sanitary waste, parks and recreation, play grounds, schools and all other relevant facts, including walk-ways and other planning features that assure safe walking conditions for students who only walk to and from school.
   1. The site is in close proximity to several modes of transportation as listed below and will not require improvements to the transportation system:
      • The site is near Horne Drive which has bike lanes in each direction.
      • The site is adjacent to Horne Drive, Irene Ave, and 13th Street all improved rights- of-way.
      • The site is served by transit; Ben Franklin Transit route 170 runs along Horne Drive and there is an existing transit stop located near the intersection of Irene Ave. and Horne Drive, approximately 175 feet to the south and west of the project site.
   2. The existing parcel is served by municipal water and sewer; Benton Irrigation District supplies irrigation to the property. See proposed condition.

1. The Benton County Emergency Services reviewed the proposal and commented that building sprinkling, Fire Apparatus Road Access, and fire hydrant standards would need to be met.
2. The proposed lots do conform to the comprehensive plan and all provisions of Title 20 (Zoning) or other land use controls which may exist, have been complied with.
   1. Comprehensive Plan

      There are many policies in the 2017 Benton City Comprehensive Plan that support this proposal:

      Land Use Goal 5: Provide for the orderly development of Benton City.

      Policy 1. Ensure appropriate transitions between land use types; discourage incompatible land uses from locating near or adjacent to each other.

      Land Use Goal 6. Establish land use patterns that balance development and provide for diverse uses.

      Policy 3. Place multi-family residential developments next to arterial streets, along public transportation routes, or on the periphery of commercially designated areas.

      Policy 6. Plan for adequate commercial and industrial lands needed for economic development and to support the local economy.

      Housing Goal 1. Promote a variety of residential densities and housing types to meet the diverse needs of the population

      Policy 2. Encourage different residential types within multi-family zones according to allowed densities.

      Housing Goal 3. Ensure compatibility of residential development with established and projected land use patterns.

      Policy 1. Locate multi-family residential housing so it does not create conflict with single-family neighborhoods.

      Economic Development Goal 2. Promote commercial and industrial development that creates jobs and economic diversification.

      Policy 3. Provide adequate and appropriately zoned land to accommodate projected commercial and industrial needs.

   2. The proposal for Lot 2 is consistent with the purpose and regulations of the R-3 High Density Residential zoning district.
3. The proposal meets the minimum lot size, minimum lot width, and maximum coverage requirements of the R-3 High Density Residential zoning district as stated in BCMC Chapter 20.24.
   • BCMC 20.24.040: minimum lot area is 4,000 square feet with an additional 1,000 SF for each additional dwelling unit and the proposed Lot 2 is 17,458 square feet.
   • Minimum lot width allowed is 50 feet; this is an odd-shaped lot, but no portion is less than 50 feet wide (the shortest length of a proposed property line is 54.6 feet).
4. A duplex is proposed for Lot 2, with a height of 25 feet (max.), complying with the 45-foot height limitation.
5. Given the proposed irregularly shaped lots, the setbacks/ yard requirements of the lot have been determined by the Planning Commission (per BCMC 20.48.010) and maintain compliance with the intent of the lot line definitions and zoning code. They are as follows:
6. Front: North property lines, 25 feet
7.  Rear: South property line, 10 feet
8.  Side: East property lines, 5 feet
9.  Side: West property lines, 10 feet
10. Lot coverage and parking requirements will be reviewed at the time of building proposal; it appears that development meeting the requirements is feasible.
11. The zone’s purpose is to provide for the location of multiple residential buildings and function as a transition between commercial and residential uses. The applicant indicated that a duplex is proposed to be built on future Lot 2 which is located between an R-2 zoned parcel and a commercial zoned parcel, meeting the intent of the zoning ordinance.
12. The proposal for Lot 1 is consistent with the purpose and regulations of the C-1 Commercial zoning district.
13. The existing use on site, storage, is a conditional use.
14. There are no parcel size requirements that the new lot must adhere to.
15. The front, rear, and western side yard setbacks are not affected by this proposal. The eastern side yard setback is required to be 20-feet as the C-1 district abuts an R district, this is complied with as there is a 47-foot setback between the building and the proposed new lot line at the closest point.
16. The purpose of the C-1 zone is to provide a wide range of uses; stabilize, improve, and protect the commercial characteristics; and provide for orderly growth. The proposed short plat meets these this purpose as the use is not changing and the subdivision allows for the commercial zoning to be applicable to a separate, distinct parcel rather than remain as one parcel with two zoning designations.
17. The short plat does lie in whole within an irrigation district, classified as irrigable; does provide an irrigation water right-of-way for each parcel; will provide a completed irrigation water distribution facility available for the distribution of irrigation water to said short plat; all applicable irrigation assessments will be paid prior to final approval of the short plat; and adequate utility easements have been provided.
18. Where the dedication of land to any public body, provision of public improvements to serve the short plat and/or impact fees imposed by law may be required as condition of the subdivision approval, which dedication shall be clearly shown upon the final plat. No dedication, provision of public improvements or impact fees imposed by law shall be allowed that constitute an unconstitutional taking of private property. The proposal complies with this requirement.
19. The public interest will be served by permitting the proposed use and approving the short plat.

SUGGESTED CONDITIONS

1. All development and uses must meet the standards as set forth in the Benton City Municipal Code.
2. The building shall be fire sprinklered throughout meeting the ICC and NFPA codes if the building is 3 stories or greater and will be classified as an apartment. (IFC Section 903)
3. The building shall have complete fire department access roads meeting the BCMC and ICC fire department access roads requirements. (IFC Section 503 & Appendix D)
4. A fire hydrant is required if the distance of a hose on the ground from the nearest fire hydrant to the most distant portion of the building is over 300 feet. (BCMC 17.28.140)
5. An irrigation delivery shall be installed on the new parcel and permit and specs shall be issued by Benton Irrigation District.
6. A ten-foot utility easement shall be established across Lot 2 for power to Lot 1.
7.  The setbacks of new Lot 2 are established as: Front: North property lines, 25 feet; Rear: South property line, 10 feet; Side: East property lines: 5 feet; Side: West property lines, 10 feet.
8.  No parking shall be permitted along the access (shared driveway) portion of the lot. The installation of no parking signage shall be required as a condition of final plat approval. (BCMC 20.57.150)
9. The proposed structure must be given a unique address that is related to but separate from the existing residence at 1205 13th Street such as 1206 13th Street. Signage with the address must be posted along 13th Street in order to provide guidance for safety or other vehicles seeking access to any proposed uses on future Lot 2.
10.  Where two or more dwelling units are proposed per lot, there shall be provided one or more recreation areas with a minimum aggregate area of five hundred square feet for each dwelling unit, exclusive of required street frontage setbacks and required parking areas. (BCMC 20.24.040.C)

Documents: Notice of Decision

Original source can be found here.