1. 6:00 p.m. regular planning commission meeting packet (pdf)
TRANSCRIPT
Regular Planning Commission Meeting Packet (PDF)
1-13-2021 UPDATED PACKET.PDF
1. 6:00 P.M.
Documents:
Upcoming Meetings and Events: February 10, 2021
AGENDA Planning Commission City Council Chambers- Municipal Services Facility 3100 Belmont Blvd., West Richland
Thursday January 13, 2022 – 6:00 p.m.
Planning Commission Members:
Chad Utecht, Chair Nancy Aldrich, Vice Chair
Michael Peterson,Commissioner Marv Bohling, Commissioner Jerry Surdyk, Commissioner Colton Brady, Commissioner Dan O’Neill, Commissioner
Staff: Eric Mendenhall, Community Development Director Elisha Ransom, Associate Planner Tobie Webb, Staff Recorder
Notice to the public: This meeting will be a remote Zoom meeting per Governor Jay Inslee’s Stay Home –
Stay Healthy Directive. We encourage you to provide public comments on agenda items and public
hearings in writing. If you want to provide public comments on any of the agenda items, please submit
them in writing to [email protected] by 3:00pm Thursday January 13, 2022 to be read during
the meeting. The Zoom meeting information is available on the City’s website or can be obtained by
emailing [email protected].
1. Call to order / attendance:
2. Approval of the agenda: (Approved by Motion)
3. Approval of minutes: (Approved by Motion)
A. October 28, 2021 Regular Meeting
4. Old Business:
5. New Business:
A. Zoning Code Text Amendment (TXT-004-2021): Drive Up Window Service-Discussion 6. Announcements, Reports and Comments:
7. Adjourn:
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City of West Richland Planning Commission Meeting Minutes October 28, 2021 *Meeting was held via zoom and available to the public
1. Call to order / attendance: Chair C. Utecht called the meeting to order at 6:01pm.
Members Present: Members Absent: Chad Utecht, Chair Nancy Aldrich, Vice Chair Marv Bohling, Commissioner
Michael Peterson, Commissioner Jerry Surdyk, Commissioner
Colton Brady, Commissioner Vacant
Staff Present: Eric Mendenhall, Community Development Director Tobie Webb, Staff Recorder
2. Approval of the agenda:
Vice Chair N. Aldrich moved to approve the agenda. Commissioner M. Bohling seconded the motion and it carried unanamously.
3. Approval of the minutes of August 12, 2021:
Commissioner C. Brady moved to approve the August 12, 2021 minutes. Vice Chair N. Aldrich seconded the motion and it carried unanimously.
4. Old Business: None
5. New Business:
A. Public Hearing to consider Design Guidelines:
Chair C. Utecht opened the public hearing at 6:03 pm.
Community Development Director E. Mendenhall presented and led the discussion on the updates to the Design Guidelines. Staff recommends that the Planning Commission forward the item to the City Council with a recommendation of approval. Chair C. Utecht closed the public hearing at 6:13 pm. Commissioner C. Brady made a motion to forward the proposed Design and Development Guidelines and permit process to City Council with a recommendation of approval. Vice Chair N. Aldrich seconded and the motion carried unanamously.
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6. Announcements, Reports and Comments:
No Planning Commission meeting in November.
7. Adjourn: 6:17 p.m.
8. Upcoming meeting: December 9, 2021
Chad Utecht, Chair Tobie Webb, Staff Recorder
WEST RICHLAND AGENDA ACTION ITEMS
AGENDA ITEM:
TYPE OF ACTION NEEDED
MEETING DATE:
January 13, 2022
SUBJECT:
Discussion File No. TXT 004-2021: Zoning Code Amendment Drive-up Window Service
Public Hearing
Prepared by:
Elisha Ransom, Associate Planner
1st Discussion
X
Approved by: Eric Mendenhall, Community Development Director
CITY COUNCIL STRATEGIC FOCUS AREAS: 1. Community Economic Vitality, Competitiveness, & Diversity
Goal 4: Create development policy codes appropriate to achieve city vision relative to commercial and residential development.
ATTACHMENTS 1. Application; 2. Narrative; 3. SEPA DNS dated December 20, 2021;
DESCRIPTION OF PROPOSAL: Tim Bush, applicant, submitted an application and the associated fee to amend the text of Title 17 Zoning in the West Richland Municipal Code. The proposed amendment would:
1. Add a row to the land use matrix listing “drive through service” as a permitted use in the CL zone; and
2. Amend the row in the matrix “restaurants (no drive through allowed)” to allow for drive through window service in the CL zone.
The applicant has requested the change to allow drive through window service in order to better meet the essential purpose of the zone:
“The essential uses of this district are retail business, financial, professional, and personal service establishments, and limited cultural or entertainment enterprises that serve the community,” (WRMC 17.46.020).
When the land use matrix was originally created, the City Council requested that staff change the matrix to not allow drive through service windows in the CL zone. The main concern with drive through service windows is the noise from the speakers used to communicate with drivers as they us the drive through.
AD 2020-01 WRMC Zoning Code Amendment Page 2 of 3
Council worried that the noise would have impact on adjacent residential properties. The applicant currently owns property in the CL zone and would like to develop the property in a way compatible with its commercial zoning. WRMC 17.54.300-330 regulate transitional areas between residential and non-residential properties. Those regulations are designed to mitigate any impacts commercial activity may have on surrounding residential uses. The regulations include a 10 foot wide buffer area between commercial uses and residential properties. The proposal has received a SEPA determination of non-significance on December 20, 2021. The public was notified of the proposed application and changes on December 20, 2021. No public comment has been received to date. ALTERNATIVES
- Rather than be allowed outright, drive through window services could be allowed through the Conditional Use Permit process. This would provide for additional consideration for the circumstances of the proposed drive through service and any needed conditions to decrease impacts on surrounding properties.
- Deny the proposed text amendment and keep the code as written. FUTURE PROCESSING The following are dates and milestones of the staff, Planning Commission, City Council, and other action and processing related to this text amendment:
The Community Development Subcommittee will discuss the proposed amendments;
February 10, 2022: Planning Commission will tentatively hold a Public Hearing on the proposed amendments and likely take action;
March 1, 2022: Council may hold a Public Hearing and likely take action;
Zoning Map/Text Amendment Applica�on Community Development Department
3100 Belmont Blvd. Suite 104, West Richland, WA 99353 509-967-5902 Fax 509-967-2419 Inspec�on Line 967-3518
PROPERTY OWNER INFORMATION ☐ Contact Person
Owner: Tim Bush
Address: 320 West Columbia Drive, Kennewick, WA 99226
Phone: (509) 947-7902 Email: �[email protected]
APPLICANT/CONTRACTOR INFORMATION (if different) ☐ Contact Person
Company: UBI#
Contact: Rick Simon
Address: 98402 N. Harrington Road, West Richland, WA 99353
Phone: (509) 531-0142 Email: [email protected]
DESCRIPTION OF WORK
Zoning code amendment to the land use matrix found in Sec�on 17.30.030 for commercial uses adding a row to the matrix
“Drive through window service” making the use permi�ed in the CL - Commercial Limited District
PROPERTY INFORMATION : All proper�es located within the CL Commercial Limited District
Parcel #: NA
Legal Descrip�on:
Current Zoning: Current Comp Plan: Requested Zoning:
Current Use: Proposed Use: Area of Property:
APPLICATION MUST INCLUDE:
1. Rezone criteria (page 2) of this applica�on - N/A for text amendments. 2. SEPA Checklist. 3. Title Insurance company cer�ficate - N/A for text amendments. 4. Any other informa�on the Community Development Director deems necessary to determine compliance
with applicable codes.
Page 1 of 2
ANSWER QUESTIONS AS COMPLETELY AS POSSIBLE
The unique characteris�cs, if any, of the property or circumstances of the owner:
See A�ached Sheet.
Any hardship that may result in the event the rezone is not granted:
See A�ached Sheet.
The manner in which the proposed rezone conforms to pa�erns in adjacent zones:
See A�ached Sheet.
Any beneficial or adverse effects the gran�ng or denial of the rezone would have on adjacent or surrounding zones:
Not applicable for text amendments.
Any beneficial or adverse effects the gran�ng or denial of the rezone would have in rela�on to the overall purpose and intent of the comprehensive plan and this �tle:
Not applicable for text amendments.
The benefits of detriments accruing to the city which would result from the gran�ng or denial of this special permit:
Not applicable for text amendments.
Whether the proposed rezone represents a be�er use of the land from the standpoint of the comprehensive plan than the original zone: Not applicable for text amendments.
Whether the proposed rezone represents spot zoning and whether a larger area should be considered: Not applicable for text amendments.
Iden�fy impacts on the environment and public safety: Not applicable for text amendments.
Page 2 of 2
I authorize employees and officials of the City of West Richland the right to enter and remain on the property in ques�on to determine whether a permit should be issued and whether special condi�ons should be placed on any issued permit. I have the legal authority to grant such access to the property in ques�on. I also acknowledge that if a permit is issued for land development ac�vi�es, no terms of the permit can be violated without further approval by the permi�ng en�ty. I understand that the gran�ng of a permit does not authorize anyone to violate in any way any federal, state, or local law/regula�on pertaining to development ac�vi�es associated with a permit. I hereby cer�fy under penalty of perjury under the laws of the State of Washington that the following is true and correct:
1. I have read and examined this permit applica�on and have documented all applicable requirements on the siteplan. 2. The informa�on provided in this applica�on contains no misstatement of fact.3. I am the owner(s), the authorized agent(s) of the owner(s) of the above referenced property, or I am currently a
licensed contractor or specialty contractor under Chapter 18.27 RCW or I am exempt from the requirements of theChapter 18.27 RCW.
4. I understand this permit is subject to all other local, state, and federal regula�ons.
Note: This applica�on will not be processed unless the above cer�fica�on is endorsed by an authorized agent of the owner(s) of the property in ques�on and/or the owner(s) themselves. If the City of West Richland has reason to believe that erroneous informa�on has been supplied by an authorized agent of the owner(s) of the property in ques�on and/or by the owner(s) themselves, processing of the applica�on may be suspended.
Applicant Printed Name: _______________________________________________
Applicant Signature: ___________________________________________________ Date ___________________________
Tim Bush
10/27/2021
Tim Bush Proposed West Richland Zoning Code Amendment
Permitting Drive Through Window Service in the C-L District October 2021
Proposal:
Amending Section 17.13.030 of the West Richland Municipal Code in the following manner:
Adding a row to the land use matrix listing “drive through window service” as a permitted use in the C-L zone;
Amending the row in the matrix “restaurants (no drive-through allowed)” to allow for drive through window service in the C-L zone.
Rationale:
Currently, the City zoning code does not provide for drive thru facilities on commercial buildings in the C-L Commercial Limited zone. This puts commercial land-owners at a competitive disadvantage. Businesses that would benefit from drive through facilities may choose to locate in other parts of the Tri-City market where drive through facilities are permitted. The cities of Pasco, Kennewick and Richland all allow for drive through window service in their commercial zones in many circumstances.
Numerous businesses rely on drive through facilities such as: coffee shops, donut shops, fast food restaurants, banks, credit unions, pharmacies, convenience stores. Even government buildings sometimes employ drive through services of sorts such as mail drop boxes at the post office or a book drop at a public library.
The essential purpose of the C-L zone as defined in Section 17.46.020 of the Municipal Code states that: “The essential uses of this district are retail business, financial, professional, and personal service establishments, and limited cultural or entertainment enterprises that serve the community.” Banks, convenience stores, car washes and retail sales (the definition of retail sales would include uses such as pharmacies and food sales businesses like coffee shops) are all uses that are permitted in the C-L zone. Many of these uses rely heavily on drive through window service and would likely not choose to locate in the C-L district without the ability to add a drive through window.
In these times where Covid 19 protocols have mandated separation between people, drive through windows provide a very practical method for businesses to be able to serve their customers while maintaining physical separation. We don’t yet fully understand the long term effects that COVID will have on commercial business but drive through windows for some businesses will likely remain a key part of their functioning. Prohibiting drive through window service during the pandemic severely limits the viability of some businesses. It also eliminates a desirable service that many customers have come to depend upon. Finally, it would eliminate the current undesirable situation that exists for Roaster’s Coffee, or Mister Car Wash which are non-conforming uses under the current zoning regulations. The non-conforming status severely limits the opportunity for the business to expand (refer to Section 17.72.100 of the West Richland Municipal Code.)
Consistency with the City Comprehensive Plan
There are several goals and policies contained in the City’s comprehensive plan that are supportive of the proposed code amendment, as outlined below.
Land use Strategies 17. Plan adequate commercial and industrial land use to provide a sufficient tax base to support City services and facilities. Economic Development Goals J. Make West Richland a desirable place for private investment in businesses and real estate.
3. Focus on business assistance and regulatory and tax efficiency to create a strong business climate that encourages the growth and expansion of businesses within the city.
13. Recognize the importance of maintaining and growing the city’s tax base to support public services and balance the impact of taxes, fees, or utility rates on the economic development goals and the financial health of the city.
Comment: The three policies listed above all speak to the importance of the City encouraging and maintaining the development of commercial services. Amending the code to allow for drive through window services in the C-L zone will provide an important incentive for businesses to locate within the C-L zone. Many uses otherwise permitted in the C-L zone depend heavily on drive through window service and would choose to locate elsewhere rather then operate without a drive through window.
Land Use Compatibility & Maintaining Local Character 21. Promote mixed-use development in West Richland.
• Revise the zoning ordinance to allow and promote different kinds of mixed use development activities to help support a decrease in automobile dependency and a variety of lifestyle alternatives in the community.
Comment: This particular strategy may seem to line up against drive-through windows as allowing these facilities will not decrease automobile dependency. Typically, mixed use development in urban areas where automobile dependency is decreased result from a combination of higher density residential development, an extensive public transit system; and multi-use structures often with multi-family residential units located on upper floors above commercial and office uses. None of these features would be appropriate within the C-L zone. The land uses surrounding the C-L zone are low density single family homes. These neighborhoods, being more suburban than urban in nature are dependent upon the automobile and do benefit from the convenience that commercial services with drive through window services provide.
Other zoning districts, such as the Downtown Mixed Use zone, which allow for a variety of more intense land uses could more appropriately restrict drive through uses. The more restrictive commercial zones with less intensive uses permitted should have the opportunity for drive through window service as they are located to serve their surrounding neighborhoods
Responses to Questions on the Zoning Text Amendment Application Form
The unique characteristics, if any, of the property or circumstances of the owner:
The Commercial Limited Business District is located on only a few properties found in the southern portions of the city, including:
4 acres located on the northwest corner of the Intersection of Keene and Kennedy partially developed with businesses including a Mister Car Wash, which could be considered a type of drive through commercial service;
.7 acres located at the northeast corner of intersection of Keene and Kennedy which is developed with a Roaster’s Coffee that contains an existing drive through window service;
3.8 acres on the south side of Kennedy Road, west of Bombing Range, partially developed with single family homes;
12 acres located north of Keene and east of Bombing Range, partially developed with a Kadlec Medical Clinic.
In all four locations that the C-L district exists, it is adjacent to low density single family residential zoning. The purpose of the C-L district is to serve the surrounding community. The suburban nature of the surrounding community means that residents largely depend upon the automobile for trips to and from home. Commercial services which include drive through window service are more likely to be frequented by residents on their travels to and from home, thereby benefitting both the commercial business and the residents using it.
Any hardship that may result in the event the rezone is not granted:
Two types of hardship can occur for property owners within the C-L zone. First, they may not be able to develop a commercial business due to the prohibition against drive through window service. Business owners that otherwise would desire to locate in West Richland may opt to build in Richland or one of the other Tri-City jurisdictions that allow drive through windows.
Secondly, there is the existing Roaster’s Coffee business and the Mister Car Wash which operate with drive through services and would be considered nonconforming and thus unable to expand their businesses under the existing zoning regulations.
The manner in which the proposed rezone conforms to patterns in adjacent zones:
The proposed text amendment would have limited impact on adjacent zones. Only commercial services currently allowed within the C-L -Commercial Limited zone would be permitted. The proposed change would permit these businesses to utilize a drive through window to serve their customers thereby benefitting both the business and the residents using the business.
December 20, 2021
TO: General Public and Various Government Agencies
FROM: West Richland Community Development Department
SUBJ: Zoning Code Amendment Administrative File No.: TXT-0004-2021
Notice of Application, Notice of Completeness, Notice of SEPA DNS, Request for Comment, and Notice of Public Hearing
DESCRIPTION OF PROPOSAL The City is proposing to adopt an ordinance amending several sections of the West Richland Municipal Code in Title 17, Zoning to permit drive through window service for businesses located in the Commercial Limited zone. ENVIRONMENTAL REVIEW The proposal is subject to environmental review. The West Richland Community Development Department is the lead agency for the proposal under the State Environmental Policy Act (SEPA) and reviewed the proposed non-project action for probable adverse environmental impacts and issued a determination of non-significance (DNS) for this proposal on December 20, 2021. Comments on the SEPA DNS are accepted until 5:00pm, January 3, 2022. REQUEST FOR WRITTEN COMMENT & STAFF CONTACT You may request information on, and provide written comments regarding the proposed amendments to the West Richland Municipal Code. Send written requests or comments to the Community Development Department at 3100 Belmont Blvd., Suite 104, West Richland, WA 99353. Written comments must be received by 5:00 p.m., February 2, 2022 to be included in the staff report. The staff contact for this project is Eric Mendenhall, Community Development Director, at (509) 967-5902 or [email protected]. NOTICE OF PUBLIC HEARING Public hearings for this legislative matter will be held before the West Richland Planning Commission and City Council. A public hearing before the Planning Commission will be held on February 10, 2022 at 6:00 p.m. A public hearing before the City Council, with final action on the ordinance, is tentatively scheduled for March 1, 2022 at 6:00 p.m. The hearings will be held via Zoom. A copy of the staff report will be available prior to the meeting. All interested parties are invited to attend and participate in the hearings. At the hearings, comments may be made verbally or in writing. NOTICE OF DECISION The application and other information on file may be examined at the Community Development Department. If you wish to obtain notice of the final decision on the Zoning Code Amendment, you will need to contact the Community Development Department with your name and address. The staff contact for this project is Eric Mendenhall, Community Development Director, at (509) 967-5902 or [email protected].
3100 Belmont Blvd. Suite 104 | West Richland, WA 99353 | www.westrichland.org Community Development Department | (509) 967-5902
