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Staff Report CPA 13-01 1 STAFF REPORT CPA 13-01 Community Planning Anthony Muai City of Kennewick Planner To: Planning Commission Date: August 19, 2013 PROPOSAL: Comprehensive Plan land use map amendment from Medium Density Residential to Commercial for 1.01 acres APPLICANT: Maverik, Inc. (Don Lilyquist, 880 West Center St., North Salt Lake, UT 84054) OWNER: John & Karen Weese (6320 W. Clearwater Ave., Kennewick, WA 99336) SITE INFORMATION • Size: 1.01 acres • Location: 408 N. Volland St. • Topography: The SEPA checklist states that the site is flat • Existing Comprehensive Plan Designation: Medium Density Residential • Existing Zoning: Residential, Medium (RM) • Existing Land Use: The site is currently vacant EXHIBITS • Exhibit A-1: Aerial Map • Exhibit A-2: Comprehensive Plan Map • Exhibit A-3: Zoning Map • Exhibit A-4: Application • Exhibit A-5: Environmental Determination 13- 16 • Exhibit A-6: Benton Clean Air Agency comments Not to scale ---PAGE BREAK--- Staff Report CPA 13-01 2 APPLICATION PROCESS • Application Submitted April 23, 2013 • Application routed for comments June 12, 2013 • Determination of Non-Significance (ED 13-16) issued on July 1, 2013 • A Notice of Public Hearing sign was posted on the property on July 12, 2013 • Appeal Period for ED 13-15 ended July 29, 2013 • Notice of Hearing published August 4, 2013 • Notice of Hearing mailed to property owners and interested parties of record on July 30, 2013 SURROUNDING COMPREHENSIVE PLAN, ZONING AND LAND USES North Comprehensive Plan – Medium Density Residential Zoning – Residential, Medium (RM) Existing Land Uses – Vacant South Comprehensive Plan – Commercial Zoning – Commercial, Community (CC) Existing Land Uses – Retail and commercial services East Comprehensive Plan – Commercial Zoning – Commercial, Community (CC) Existing Land Uses – Retail and commercial services West Comprehensive Plan – Commercial Zoning – Commercial, Community (CC); Commercial, General (CG) Existing Land Uses – Retail and commercial services REGULATORY CONTROLS • City of Kennewick Comprehensive Plan • Kennewick Municipal Code Title 4 • Kennewick Municipal Code Title 18 DESCRIPTION OF REQUEST The applicant has requested a change to the Comprehensive Plan Land Use Map for 1.01 acres from Medium Density Residential to Commercial. COMPLIANCE WITH TITLE 4 (ADMINISTRATIVE PROCEDURES) KMC 4.12.110(7): Approval Criteria. The City may approve Comprehensive Plan Amendments and area-wide zone map amendments if it finds that (analysis is italicized): 1. The proposed amendment bears a substantial relationship to the public health, safety, welfare, and protection of the environment; The proposal will fill in a gap in the predominately commercial designated lands along Clearwater Ave. The applicant is proposing to develop the site in conjunction with an adjacent site. The current site is vacant, but the adjacent site will have the old buildings removed for development of a Maverik gas station. 2. The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the City’s adopted comprehensive plan not affected by the amendment; ---PAGE BREAK--- Staff Report CPA 13-01 3 This amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the City’s adopted comprehensive plan not affected by the amendment. 3. The proposed amendment corrects an obvious mapping error; This request does not correct a mapping error. 4. The proposed amendment addresses an identified deficiency in the Comprehensive Plan. This request does not address an identified deficiency. KMC 4.12.110(8): Additional Factors. The City must also consider the following factors prior to approving Comprehensive Plan Amendments: 1. The effect upon the physical environment; This site is currently vacant and has been vacant for some time, although a portion of the site is currently paved. A change from Medium Density Residential to Commercial will allow for the site to be developed with commercial uses consistent with the Clearwater Ave. corridor. The effects upon the physical environment will be minimal as the surrounding properties are developed with Commercial and Residential uses. The biggest impact will be to storm water runoff once the site is developed. City, State and Federal regulations will apply to future development with regards to managing storm water. 2. The effect on open space and natural features including, but not limited to topography, streams, rivers, and lakes; The site is not located near any streams, lakes or rivers and is generally flat and is surrounded by urban development, thus this proposal will not have an adverse impact to the open space or natural features. 3. The compatibility with and impact on adjacent land uses and surrounding neighborhoods; This proposal is consistent with development in the area. Land to the east, west and south are designated Commercial, have a commercial zoning and are developed with commercial uses. The lands to the north are designated Medium Density Residential and are vacant or developed with multi-family housing. Urban Design Policy 11 of the City’s Comprehensive Plan encourages the City to “Establish and enhance attributes of residential, commercial and other districts with appropriate transition between them.” Locating Commercial lands between major arterials and residential lands provides that transition. 4. The adequacy of, and impact on community facilities, including utilities, roads, public transportation, parks, recreation, and schools; • The proposed amendment will impact the transportation system and increase traffic in the area. Detailed impacts will be assessed and mitigation provided for during the project review phase. • Existing utilities are adequate to serve residential development. 5. The quantity and location of land planned for the proposed land use type and density and the demand for such land ---PAGE BREAK--- Staff Report CPA 13-01 4 The City has sufficient Commercial land to meet its needs over the next 20 years, however the addition of this acre piece will has very limited effects on the overall balance of commercial land in the City. The proposed site is located in one of Kennewick’s major commercial corridors. The site currently abuts commercial development to the east, west and south. This change will fill in the gap and the applicant’s proposed development will replace older buildings with a new one. 6. The current and projected project density in the area The proposal will not increase densities in the area unless constructed with mixed-use development, however the applicant is planning to build a gas station on the site. 7. The effect, if any upon other aspects of the Comprehensive Plan The proposal will have minimal effect, if any, on the other aspects of the plan. PUBLIC COMMENT Staff has received no public comment concerning the proposal to date. AGENCY COMMENTS Benton Clean Air Agency (BCAA) provided a letter stating that a permit will need to be obtained from BCAA prior to the start of construction. FINDINGS 1. The applicant is Maverik, Inc. (Don Lilyquist, 880 West Center St., North Salt Lake, UT 84054). 2. The owner is John & Karen Weese (6320 W. Clearwater Ave., Kennewick, WA 99336). 3. The request is to change the Comprehensive Plan land use designation from Medium Density Residential to Commercial for 1.01 acres. 4. A Notice of Public Hearing sign was posted on the property on July 12, 2013. 5. The application was received on April 23, 2013 and was routed for review to various City Departments and other local, state and federal agencies for comment on June 12, 2013. 6. The site is currently served by City sewer and water in W. Clearwater Ave. 7. Access to the site is currently provided from W. Clearwater Ave. 8. The proposed amendment is adjacent to Commercial and Medium Density Residential designated lands. 9. A Determination of Non-Significance (ED 13-16) was issued on July 1, 2013 for this application. The appeal period for the determination ends on July 29, 2013. 10. 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 July 30, 2013. 11. The proposed amendment furthers the public health, safety, welfare, and protection of the environment by locating removing a piece of residential designated land from an area where all other land uses along W. Clearwater Ave. is designated Commercial. This change also provides a transition from a major commercial corridor to the Medium Density Residential lands to the north. ---PAGE BREAK--- Staff Report CPA 13-01 5 12. The proposed amendment is consistent with the requirements of Chapter 36.70A RCW (Growth Management Act). 13. The proposed amendment does not correct an obvious mapping error. 14. The proposed amendment does not address an identified deficiency in the Comprehensive Plan. CONCLUSIONS 1. Pursuant to Chapter 4.08 of the Kennewick Municipal Code, the lead agency has determined that the proposed amendment does not have a probable significant adverse impact on the environment. 2. The proposed amendment will change the land use designation for the subject parcels from Medium Density Residential to Commercial for 1.01 acres. 3. The proposed amendment is contiguous to Medium Density Residential and Commercial designated land. 4. The proposed amendment is consistent with the City of Kennewick Comprehensive Plan and will have minimal impact on other aspects of the plan. 5. The proposed amendment will not increase population densities. 6. Future development of the site may impact traffic in the area. At the time of development, additional SEPA review will be required to evaluate the associated impacts. Recommendation Staff has reviewed the application and recommends that the Planning Commission concur with the findings and conclusions contained in staff report CPA 13-01 and recommend approval to City Council. Motion I move that the Planning Commission concur with the findings and conclusions in staff report CPA 13-01 and recommend to City Council approval of the request. ---PAGE BREAK--- CPA 13‐01 Aerial Map Exhibit A-1 ---PAGE BREAK--- CPA 13‐01 Existing Comprehensive Plan Land Use Map Low Density Residential Commercial Medium Density Residential Industrial High Density Residential Public Facility Exhibit A-2 ---PAGE BREAK--- CPA 13‐01 Zoning Map Residential, Low Residential, High Commercial, Office Residential, Medium Commercial, General Open Space Residential, Manufactured Home Commercial, Community Exhibit A-3 ---PAGE BREAK--- Exhibit A-4 ---PAGE BREAK--- Exhibit A-4 ---PAGE BREAK--- Exhibit A-5 ---PAGE BREAK--- Exhibit A-5 ---PAGE BREAK--- Exhibit A-5 ---PAGE BREAK--- • 526 South Clodfelter Road • Kennewick, Washington 99336 • Fax Number [PHONE REDACTED] Phone: [PHONE REDACTED] • Website: bcaa.net BENTON CLEAN AIR AGENCY June 13, 2013 Re: File No. CPA 13-01 Anthony Muai, Assistant Planner Applicant/Proponent: P. O. Box 6108 Maverick, Inc. Kennewic,, WA 99336 Don Lilyquist 880 W. Center St. North Salt Lake, UT 84054 Dear Mr. Muai: It has come to our attention that you are reviewing a proposal for the above named applicant to construct an approximately 4620 square foot convenience store with fuel islands. The proposed activities listed above, a gasoline dispensing facility, requires a permit from the BCAA under Washington Administrative Code under WAC 173-400-110, New Source Review, Permit applications are available at the BCAA office, electronically, or website at http://www.bcaa.net. Under state law, the BCAA permit must be issued and received by the facility before actual construction of the facility can begin. Failure to receive a permit before construction is a violation of the state air quality regulations. In addition, there are general air quality requirements that apply to the facility regardless of the permitting requirements. The Benton Clean Air Agency strictly enforces the following Washington Administrative Codes within Benton County to minimize fugitive dust emissions: WAC 173-400-040 General standards for maximum emissions. Fallout. No person shall cause or permit the emission of particulate matter from any source to be deposited beyond the property under direct control of the owner(s) or operator(s) of the source in sufficient quantity to interfere unreasonably with the use and enjoyment of the property upon which the material is deposited. Exhibit A-6 ---PAGE BREAK--- • 526 South Clodfelter Road • Kennewick, Washington 99336 • Fax Number [PHONE REDACTED] Phone: [PHONE REDACTED] • Website: bcaa.net Fugitive dust sources. The owner or operator of a source of fugitive dust shall take reasonable precautions to prevent fugitive dust from becoming airborne and shall maintain and operate the source to minimize emissions. If you have any questions, or would like further information on this subject, please contact us at (509) 783-1304. Sincerely, Rob L Rodger Air Quality Engineer Exhibit A-6