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EXHIBIT 1 Staff Report Date: May 5, 2015 Public Hearing Date and Location: May 11, 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 15-01 be APPROVED with conditions. Summary of Proposal: A Substantial Development Permit for the replacement of an existing boat launch, paving a parking area for boat trailer parking, a new restroom, site lighting, seating area, and artwork. Proposal Location: West end of Clover Island inside the bend where the causeway connects to Clover Island. 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 NORTH05° 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 15-01/PLN-2015-00494 Page 1 of 6 ---PAGE BREAK--- EXHIBIT 1 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 February 24, 2015 Determination of Completeness Issued February 24, 2015 Notice of Application Mailed March 5, 2015 Property Posting Sign April 2, 2015 City Department Review Meeting March 18, 2015 Notice of Substantial Development Mailing March 2, 2015 Page 2 of 6 ---PAGE BREAK--- EXHIBIT 1 Notice of Substantial Development 1st Publication April 1, 2015 Notice of Substantial Development 2nd Publication April 8, 2015 SEPA Threshold Determination Issued April 2, 2015 Date of Published Notice of Public Hearing April 26, 2015 Date of Mailed Notice of Public Hearing April 21, 2015 SEPA Appeal Period Ends April 16, 2015 Public Hearing Date May 11, 2015 Exhibits: 1 Staff Report 2 Application 3 Applicant Narrative 4 Notices of Application/Mailing Lists 5 Vicinity Map 6 Site/Lighting Plan 7 Landscape Plan 8 Boat Launch Ramp Plan 9 Light Fixture Catalogue Specifications 10 Environmental Determination 11 JARPA 12 City Department Comments 13 Outside Agency Comments 14 Shoreline Management Map Staff Analysis of Proposal & Discussion: The proposed Substantial Development Permit (SDP 15-01) is a request to replace an existing boat launch ramp, construct a new restroom, boat trailer parking lot, sidewalks, a seating/table area, landscaping, site lighting, and artwork. The Port of Kennewick had originally planned for upland improvements only, but after review of the existing boat launch ramp the Port found that fill areas under the east ramp have sloughed off over the years leaving unsafe shoulders and unsupported concrete. The concrete slab making up the west ramp has also failed and cracked in numerous locations. In addition, the west ramp was constructed too flat to be an effective launch and needs to have its slope increased to facilitate safer launching conditions. The boat launch reconstruction will also raise the point of connection to the shore and relieves current issues that leave the boat launch inoperable and likely damaged during high water events. The improvements proposed for this project will provide enhanced recreational uses, improved ADA compliant spaces and surfaces, enhanced public access, and an erosion and sediment control plan that allows runoff from impervious surfaces to be collected, treated and infiltrated on site. Shoreline Management (KMC 18.68): The proposed boat ramp replacement and other 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 Page 3 of 6 ---PAGE BREAK--- EXHIBIT 1 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 water-ward 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 near-shore 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 Commercial Uses are in the table and both “Water Dependent” and “Water-related and Water-enjoyment” require Substantial Development Permit (SDP) in the Clover Island High Intensity environment. KMC 18.68.130(3)(a) addresses “boating facilities” which allows water dependent uses to be located within the habitat conservation 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.” It is staff’s opinion that the proposed work for this application will increase the usefulness of the boat launch, provide more public access to the shoreline, and is consistent with the above policies and provisions. KMC 18.68.130(3) addresses requirements for specific shoreline uses. Boating facilities are addressed and require that they do not conflict with existing or planned public access opportunities. This project enhances existing public access opportunities, and does not create a net loss of shoreline ecological functions. “Historic, Educational and Recreational Uses” requirements are also addressed. Shoreline recreational development is a priority when related to access to, and enjoyment and use of the water and shorelines of the State and linkage of public access points is encouraged. 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. Page 4 of 6 ---PAGE BREAK--- EXHIBIT 1 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 March 5, 2015. The Benton PUD comments for relocation of existing electrical facilities were the only comments received. 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 making the boat launch safer and more useable, and also increase pedestrian connectivity along the shoreline. 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. The City of Kennewick hereby RECOMMENDS that Substantial Development Permit 15-01 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 Exhibits 6, 7, 8, & 9. 3. A building permit is required from the City of Kennewick Building Department prior to construction of the new restroom building and retaining walls over 4-feet tall. Page 5 of 6 ---PAGE BREAK--- EXHIBIT 1 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. Prior to commencement of the installation of new asphalt, approval of a Civil Permit from the City of Kennewick Department of Public Works is required with storm water calculations and a method of retaining storm water on site. 7. 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] Page 6 of 6