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EXHIBIT 1 Page 1 of 6 Staff Report Date: June 2, 2015 Public Hearing Date and Location: June 8, 2015, Kennewick City Hall Report Prepared By: Wes Romine Development Services Manager Report Reviewed By: Gregory McCormick, AICP Planning Director Summary Recommendation: The City of Kennewick RECOMMENDS that Substantial Development Permit 15-02 be APPROVED with conditions. Summary of Proposal: A Substantial Development Permit for construction of a new concrete walkway and boardwalk with an overlook, including artwork display kiosks, and a pathway to Clover Island Drive. Proposal Location: West end of Clover Island on the south side of the island between the Port of Kennewick office building and the Yacht Club building. Legal Description: Section 31, Township 9, Range 30, THE PORTION OF SECTION 31, TOWNSHIP 9, RANGE 30 DEFINED AS FOLLOWS: LOT 6 (CATFISH ISLAND). TAX LOTS 446C, 446B, 446D, BEING PORTIONS OF GOVERNMENT LOT 2. ALSO PORTION DEFINED AS FOLLOWS: PORTION OF GOVERNMENT LOT 2 DEFINED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 25, CLOVER ISLAND PLAT, THENCE SOUTH 84° 18' 00” EAST 100.00 FEET. THENCE NORTH 05° 42' 00” EAST 120.00 FEET. THENCE NORTH 84° 18” 00' WEST 100.00 FEET TO THE NORTHEAST CORNER OF SAID LOT 25. THENCE SOUTH 05° 42' 00” WEST 120.00 FEET TO A POINT OF BEGINNING. ALSO PORTION DEFINED AS FOLLOWS: BEGINNING AT A POINT OF INTERSECTION OF NORTH LINE OF GOVERNMENT LOT 2, AND THE WEST LINE OF SAID SECTION, SAID POINT OF INTERSECTION BEING 3221.46 FEET NORTH OF THE SOUTHWEST CORNER OFSAID SECTION 31, ALONG SAID WEST LINE. THENCE SOUTH 66° 55' 27” EAST A DISTANCE OF 468.67 FEET TO THE TRUE POINT OF BEGINNING. THENCE SOUTH 01° 13' 33” WEST A DISTANCE OF 270.00 FEET. THENCE EASTERLYAT RIGHT ANGLES A DISTANCE OF 165.00 FEET. THENCE NORTH 01° 13' 33” EAST A DISTANCE OF 203.83 FEET. THENCE NORTH 66° 55' 27” WEST A DISTANCE OF 177.77 FEET TO THE TRUE POINT OF BEGINNING. (PORTION CLOVER ISLAND) *THIS PORTION IS UNDER WATER - PER TYCOR 5/23/85. ALSO THE PORTION OF GOVERNMENT LOT 2 DEFINED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 26, CLOVER ISLAND PLAT. THENCESOUTH 84° 18' 00'”EAST 100.00 FEET TO ECONOMIC DEVELOPMENT AND COMMUNITY PLANNING DEPARTMENT STAFF REPORT AND RECOMMENDATION TO THE HEARING EXAMINER FILE NO: SDP 15-02/PLN-2015-00943 ---PAGE BREAK--- EXHIBIT 1 Page 2 of 6 THE TRUE POINT OF BEGINNING. THENCE CONTINUING SOUTH 84° 18' 00” EAST 100.00 FEET. THENCE NORTH 05° 42' 00' EAST 120.00 FEET. THENCE NORTH 84° 18' 00” WEST 100.00 FEET TO A POINT THAT BEARS SOUTH 84° 18' 00” EAST 100.00 FEET FROM THE NORTHEAST CORNER OF SAID LOT 26 THENCE SOUTH 05° 42' 00” WEST 120.00 FEET TO THE TRUE POINT OF BEGINNING. P.P. AND L. 1/1/62.SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD 12/14/72. EXCEPT THAT PORTION OF GOVERNMENT LOT 2, SECTION 31, TOWNSHIP 9 RANGE 30 DEFINED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION: THENCE ALONG THE SOUTH LINE OF SAID SECTION SOUTH 89° 34' 50" EAST 316.81' (ACTUAL MEASURED DISTANCE BETWEEN EXISTING MONUMENTS 316.65 FEET) TO NORTHWEST CORNER OF SECTION 6 TOWNSHIP 8 RANGE 30:THENCE NORTH 00° 18' 10" EAST 929.30 FEET: THENCE NORTH 73° 11' 50" WEST 40 FEET: THENCE NORTH 16° 48' 10" EAST TO AN INTERSECTION WITH A LINE WHICH IS PARALLEL TO AND 600 FEET EASTERLY FROM WEST LINE OF SAID SECTION 31 (SAID DISTANCE TO INTERSECTION BEING 1157.33 FEET) THENCE PARALLEL WITH THE WEST LINE OF SAID SECTION NORTH 00° 29' 55" EAST 41.48 FEET TO THE TRUE POINT OF BEGINNING: THENCE SOUTH 78° 38' 50" EAST 526.61 FEET: THENCE SOUTH 84' 18" EAST 15.04 FEET: THENCE NORTH 11° 12' 10" EAST 138.51 FEET: THENCE NORTH 78° 38' 50" WEST TO A POINT FROM WHICH THE TRUE POINT OF BEGINNINGBEARS SOUTH 00° 29' 55" WEST: THENCE SOUTH 00° 29' 55" WEST TO THE TRUE POINT OF BEGINNING. AKA PORTION OF LOT 1 CLOVER ISLAND PLAT AC TO MAP LABELLED EXHIBIT A AND ATTACHED TO INSTRUMENT RECORDEDUNDER #317685, WHICH LIES EAST OF LINE SHOWN ON SAID MAP AS BEING NORTH 00° 29' 55". THIS DEED IS GIVEN TO CORRECT THAT CERTAIN DEED BETWEEN PARTIES HERETO RECORDED UNDER #249592. (PER QCD #319096, REC'D 2/19/54) ALSO THE WEST 100 FEET OF LOT 1, CLOVER ISLAND PLAT, ACCORDING TO MAP LABELED EXHIBIT A AND ATTACHED TO DOCUMENT RECORDED UNDER AUDITOR'S FILE NO. 31785, RECORDS OF BENTON COUNTY. (PER QCD #539467, 4/13/65) Property Owner: Port of Kennewick 350 Clover Island Drive, Suite 200 Kennewick, WA 99336 Applicant: John Fetterolf JF Engineering 5220 S. Auburn Place Kennewick, WA 99337 Approval Criteria: 1. Comprehensive Plan – Land Use 2. KMC Title 18 – Zoning 3. Washington State Environmental Policy Act SDP Key Application Processing Dates: Pre-Application/Feasibility Meeting N/A Application Submittal March 27, 2015 Determination of Completeness Issued March 27, 2015 Notice of Application Mailed April 9, 2015 Property Posting Sign May 7, 2015 City Department Review Meeting April 22, 2015 Notice of Substantial Development Mailing April 10, 2015 ---PAGE BREAK--- EXHIBIT 1 Page 3 of 6 Notice of Substantial Development 1st Publication April 13, 2015 Notice of Substantial Development 2nd Publication April 20, 2015 SEPA Threshold Determination Issued May 8, 2015 Date of Published Notice of Public Hearing May 24, 2015 Date of Mailed Notice of Public Hearing May 20, 2015 SEPA Appeal Period Ends May 22, 2015 Notice of Variance Mailed May 7, 2015 Variance Issue Date May 22, 2015 Variance Notice of Decision Mailed May 22, 2015 Variance Appeal Period Expiration Date June 1, 2015 Public Hearing Date June 8, 2015 Exhibits: 1 Staff Report 2 Application 3 Applicant Narrative 4 Notices of Application/Mailing Lists 5 Vicinity Map 6 Plans 7 Environmental Determination 8 City Department Comments 9 Outside Agency Comments 10 Shoreline Management Map 11 Variance Notification of Mailings 12 Variance Approval Letter with Attachments Staff Analysis of Proposal & Discussion: The proposed Substantial Development Permit (SDP 15-02) is a request to construct an approximately 326 foot long concrete walkway, retaining wall, an elevated boardwalk and viewing deck, artwork, display kiosks, and a pathway to Clover Island Drive. The project is consistent with the Port of Kennewick’s Master Plan for Clover Island and completes the last section of public walkway along the south shoreline of Clover Island. The boardwalk and viewing deck will be cantilevered over a retaining wall. The retaining wall for the boardwalk will be approximately 18’-8” from the Ordinary High Water Mark (OHWM) with a 5’-8” cantilever making the edge of the boardwalk approximately 13-feet from the OHWM. The retaining wall for the viewing deck is approximately 15’-7” from the OHWM. The edge of the viewing deck extends approximately 12”-0” beyond the retaining wall bringing it within 3’-7” of the OHWM. No portion of the structures will be in or over the Ordinary High Water Mark. Per table 6, page 63 of the appendix of Kennewick’s Shoreline Master Plan, a 25-foot buffer area is required at Clover Island for non-water dependent uses. A variance has been processed per KMC 18.68.250 for an encroachment into the 25-foot buffer area. Because of the unique characteristic of Clover Island with relatively steep graveled banks which make the water inaccessible, and the opportunity to link public access along the south shoreline of Clover Island, the variance was approved on May 22, 2015. ---PAGE BREAK--- EXHIBIT 1 Page 4 of 6 Michael Ritter from the Washington Department of Fish and Wildlife sent a comment letter on April 24, 2015 with concerns about shoreline plantings. Following the comment letter Michel Ritter visited the site on April 20th and April 28th with Larry Peterson and Tana Bader- Inglima from the Port of Kennewick, and John Fetterolf from JF Engineering. After visiting the site Michael Ritter determined that the “bank/shoreline is extremely steep and offers little opportunity, in my opinion, to install vegetation through planting without considerable cost and engineering”. Michael suggested that several places where vegetation has been naturally established could promote native vegetation with good management. Shoreline Management (KMC 18.68): The proposed upland improvements are within 200-feet of the ordinary high water mark and are subject to the City of Kennewick Shoreline Management code. Since the total cost of the proposed development exceeds $5,718 it meets the definition of “Substantial Development” and a Substantial Development Permit per KMC 18.68.230 is required. The parcel(s) for the proposed project are designated Commercial Marina (CM) on the City of Kennewick zoning map, and located in Map Segment on the City’s Shoreline Map. The area proposed for the proposed work is classified as “Clover Island High Intensity” Environment on the City’s Shoreline Map since it is located waterward of the ordinary high water mark (KMC 18.68.070(5)(iii)(A). The purpose of the “Clover Island High Intensity” Environment is “to provide economic development and recreation opportunities that add to existing water dependent uses, and public access and view opportunities via a mix of high- intensity water oriented and non-water oriented commercial, multi-family residential, and transportation uses while providing additional public access, improved aesthetic quality, enhanced aquatic and nearshore ecological functions and maintaining view corridors consistent with the Clover Island High Intensity Special Area Plan Standards”. KMC 18.68.130, addresses Shoreline Uses which includes the Shoreline Use Table in KMC 18.68.130(2)(c). Standards for Historic, Educational and Recreational Uses are in the table and “Water-related and Water-enjoyment” require Substantial Development Permit (SDP) in the Clover Island High Intensity environment. KMC 18.68.130(3)(e) addresses “Water Oriented” projects for Historic, Educational, and Recreational Uses, which requires compliance with setback and buffer standards. KMC 18.68.130(3)(e)(i) also states that “shoreline recreational development shall be given priority and is primarily related to access to, enjoyment and use of the water and shorelines of the State”. A Variance has been processed and approved for the encroachment into the 25-foot shoreline buffer area. Shoreline Management Program Administration: KMC 18.68.230(1) states that applications for a Substantial Development Permit must comply with submittal requirements of 18.68.260 and state that “A Substantial Development Permit shall be granted only when the development proposed is consistent with” The policies and procedures of the Shoreline Management Act; (ii) The provisions of this regulation; and (iii) The adopted Shoreline Master Program for Kennewick’s shoreline.” ---PAGE BREAK--- EXHIBIT 1 Page 5 of 6 It is staff’s opinion that the proposed work for this application will increase public access and enjoyment of waters of the State, and is consistent with the policies and procedures of the Shoreline Management Act. KMC 18.68.130(3) addresses requirements for specific shoreline uses. Historic, educational, and recreational uses are allowed. Water oriented uses are not allowed within the 25-foot buffer area. However, walkways/boardwalks can be located in the outer 50% of the buffer area for the Clover Island High Intensity Environment. The proposed retaining walls for the project are in the outer 50% of the buffer area, however the cantilevered portions of the project encroach into the buffer area. A variance has been approved for the encroachment into the buffer area. KMC 18.68.230(4) requires that all substantial development permits under the Shoreline Management Program that no building permits may be issued within 30 days of issuing shoreline Substantial Development Permit or until all review proceedings initiated within those 30 days are terminated. The project was sent to outside agencies including the Department of Ecology, Department of Fish and Wildlife, and the U.S. Army Corps of Engineers on April 9, 2015. Comments were only received from the Washington Department of Fish and Wildlife, and the Department of Ecology. Provisions for Public Health, Safety, and Welfare: Based on the above information it is Staff’s opinion that with approval of the Substantial Development Permit, appropriate provisions will be made for the Public Health, Safety, and Welfare. Comprehensive Plan: Staff is of the opinion that this request is consistent with and generally conforms to the City’s Comprehensive Plan, and it will implement, goals and policies of the Comprehensive Plan. Particularly the following: CRITICAL AREAS AND SHORELINE GOAL 3: “Protect the unique environmental elements of the critical areas and shoreline.” STAFF COMMENT: It is staff’s opinion that the proposed project will have no negative impacts on ecological shoreline functions. CRITICAL AREAS AND SHORELINE GOAL 4: “Encourage and support public access to the shoreline for recreational purposes.” STAFF COMMENT: The project, as conditioned complies with the City of Kennewick Shoreline Management ordinance and will increase public access to the shoreline by connecting existing walkways along the shoreline and enhance viewing of the water. CRITICAL AREAS AND SHORELINE POLICY 1: “Protect critical areas and the shoreline using the Critical Areas Ordinance and the Shoreline Master Plan.” STAFF COMMENT: The proposed project is consistent with the policies and regulations of the shoreline master plan. ---PAGE BREAK--- EXHIBIT 1 Page 6 of 6 The City of Kennewick hereby RECOMMENDS that Substantial Development Permit 15-02 be APPROVED with the following conditions: 1. Comply with City of Kennewick regulatory controls, policies and codes, including Shoreline Management KMC 18.68. 2. New work is to be in conformance to the site plan, landscape plan and lighting specifications in Exhibit 6. 3. A building permit is required from the City of Kennewick Building Department prior to construction of new retaining walls over 4-feet tall and new display structure. 4. Prior to issuance of a building permit, a 30 day review from the Department of Ecology and expiration of the 30 day appeal period is required. 5. Prior to issuance of a building permit provide the City of Kennewick written approval from the U.S. Army Corps of Engineers. 6. Building permits must be applied for within two years as per the Shoreline Management Act. The entire project must be completed within five years of the date of approval. Report Prepared By and Contact Person: Wes Romine Development Services Manager [EMAIL REDACTED] [PHONE REDACTED]