Full Text
EXHIBIT 1 Page 1 Public Hearing Date: April 4, 2016 Proposal: Amend section 18.12.050 of the Kennewick Municipal Code (KMC) to remove the requirement for car washes in Commercial Neighborhood (CN) zoning districts to be on the same parcel of land as a convenience store/gas station. The applicant is proposing that car washes can be on a parcel of land “adjacent” to a convenience store/gas station rather than “ancillary” to a convenience store/gas station. KMC 18.12.050(5) also requires hours of operation be limited to the hours between 6:00am through 8:00pm. The applicant is proposing that automated and unmanned car washes be available at all times. Applicant: John Dreher, (104012 N. Horn Rapids Drive, W. Richland, WA 99353) Staff Contact: Wes Romine, Development Services Manager Background: The purpose of the Commercial Community (CN) zoning district (KMC 18.03.040(7)) “is to establish areas for day-to-day convenience shopping and services. Such facilities must harmonize with the surrounding residential area and provide only those services, which are intended for it. Generally, one of each use is adequate to serve a given neighborhood”. Staff is not aware of the reason that our code for car washes in CN zones was written to require that they be located “ancillary to neighborhood convenience stores that may sell gas”. On January 11, 2016 the applicant applied to amend KMC 18.52.055 to change the requirement for a car wash on CN zoned property to be “ancillary” to “neighborhood convenience stores that may sell gas”. There was a determination made by the Planning Director that “ancillary” means on the same parcel of land. The applicant is proposing that the code be changed from “ancillary” to “adjacent” so that a car wash can be located on a separate parcel if it is adjacent to a convenience store that may sell gas. The applicant is also proposing to change the hours of operation and not restrict the hours of operation for automated and unmanned car washes. Discussion and Analysis: In regards to the request to allow car washes in CN zones that are adjacent to a convenience store that may sell gas rather than “ancillary” and on the same parcel of land, it is staff’s opinion that any impacts on the surrounding neighborhood would be the same. The physical layout, orientation of the buildings, etc. would likely be the same regardless of whether there is a separate parcel for the car wash. It is also staff’s opinion that the impacts of a car wash on the surrounding neighborhood would be the same regardless of whether or not a car wash is located near a convenience store that may sell gas. For that reason staff has offered a second code revision for consideration that not only removes the requirement to be on the same parcel COMMUNITY PLANNING DEPARTMENT STAFF REPORT AND RECOMMENDATION TO THE PLANNING COMMISSION FILE NO: ZOA 16-01/AMD-2016-00079 ---PAGE BREAK--- EXHIBIT 1 Page 2 of land, but removes all requirements for a car wash to be near a convenience store that may sell gas. The second amendment to KMC 18.12.055 proposed by the applicant removes the hours of operation restriction of 6:00am through 8:00pm if a car wash is automated and unmanned. KMC 18.12.055(2) addresses noise restrictions and would be required for all car washes regardless of the hours of operation and whether or not they are automated and unmanned. It is staff’s opinion that noise from a car wash would likely be the biggest impact on surrounding properties, and even though the hours of operation for automated and unmanned car washes may be changed, the noise requirements for a car wash in CN zones would remain. It is staff’s opinion that with noise requirements per KMC 18.12.055(2) in place the hours of operation for an automated or unmanned car wash would not have a significant impact. Kennewick’s noise ordinance, KMC 9.52 classifies CN zoned property as class B, and residential zoned property as class A. Between the hours of 6:00am through 8:00pm our noise ordinance allows noise from class B to class A properties at a maximum level of 57dB at the receiving property, and after 8:00pm there is a 10dB reduction or 47dB is required. There is an allowance for a 5dB increase in noise level for a total of 15 minutes in any one-hour period of time. As an example of the levels of noise allowed by the City’s noise ordinance, the Galen Carol Audio chart lists, “Normal conversation at 3 feet” as producing 60 -65dB. And “City Traffic (inside car)” produces 85dB. Per the Industrial Noise Control comparative chart, a passenger car at 65 mph at 25ft produces 77 dB, a radio, TV-audio and a vacuum cleaner produce 70dB, and office background music and an air conditioning unit at 100-feet produce 60dB. Regulatory Controls and Policies • Kennewick Municipal Code – Title 18: Zoning • Kennewick Comprehensive Plan Findings of Fact: 1. The applicant is John Dreher (104012 N. Horn Rapids Drive, W. Richland, WA 99353). 2. The application was submitted to the City on January 11, 2016. 3. The City fulfilled the State Environmental Policy Act requirements by issuing a Determination of Non-significance (DNS) on March 8, 2016; and 4. Notice of the proposed code revision (expedited review request) was sent to the Washington State Department of Commerce on January 26, 2016 consistent with the requirements of RCW 36.70A.106; and 5. The City received confirmation of receipt confirmation of expedited review and notice the City has met the Growth Management Act notice to state agency requirements from the Washington State DOC on February 11, 2016. CONCLUSIONS OF LAW: 1. The proposed amendment will promote the public health, safety, and general welfare and is consistent with the goals and policies of the Comprehensive Plan. STAFF RECOMMENDATION: Based on the above analysis of this request, staff recommends the Planning Commission forward a recommendation of APPROVAL to City Council for the following motion. ---PAGE BREAK--- EXHIBIT 1 Page 3 MOTION: I move that the Planning Commission concur with the findings and conclusions in the staff report ZOA 16-01 and recommend to City Council approval of the request to change KMC 18.12.055 per Exhibit 2, removing the requirement for a Car Wash to be located near a convenience store that may sell gas, and removing hours of operation for automated and unmanned car washes in CN zones. Alternate Motion: I move that the Planning Commission concur with the findings and conclusions in the staff report ZOA 16-01 and recommend to City Council approval of the request to change KMC 18.12.055 per Exhibit 3, to allow a Car Wash to be located adjacent to a convenience store that may sell gas, and removing the hours of operation for automated and unmanned car washes in CN zones. Exhibits: 1 Staff Report 2 Amended KMC 18.12.055 removing the requirement for a Car Wash to be located near a convenience store that may sell gas in CN zones. 3 Amended KMC 18.12.055 allowing a Car Wash to be “adjacent” rather than “ancillary” to a convenience store that may sell gas. 4 Environmental Determination of Non-significance, ED 16-02.