STAFF REPORT and INFORMATION FOR THE HEARING EXAMINER. Project: Clover Valley Veterinary Services

Transcription

1 KITSAP COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 614 DIVISION STREET MS-36, PORT ORCHARD WASHINGTON LARRY KEETON, DIRECTOR (360) FAX (360) HOME PAGE - STAFF REPORT and INFORMATION FOR THE HEARING EXAMINER Report Date: March 16, 2015 Hearing Date: March 26, 2015 Application Submittal Date: November 10, 2014 Application Complete Date: November 10, 2014 Project: Clover Valley Veterinary Services This staff report was prepared by Meg Sands, Planner, Lisa Lewis, Environmental Planner and Candy Mursell, Engineering Specialist, based on information available up until the time the report was prepared. New information relevant to review of this application may become available prior to the hearing or at the hearing. Staff may wish to change their analysis based upon that new information, and reserves the right to do so. Project Summary: The Department of Community Development is recommending approval of the applicant s request for a Conditional Use Permit to establish a limited on-site veterinary clinic for dogs and cats only. No animal boarding or grooming would be conducted onsite. The veterinary clinic is proposed to operate Monday through Saturday, from 8:00 AM to 5:00 PM. The project would be served by an on-site septic system and an on-site well. The 4.99-acre parcel is developed with a single-family residence (SFR), accessory dwelling unit (ADU), and a 2-story garage that will be converted into the veterinary clinic. The property is zoned Rural Protection (RP) and located on the north side of Donato Lane at 3805 SE Donato Lane in Port Orchard. Application Number: Type of Application: Conditional Use Permit Project Request: The applicant has proposed to establish a limited on-site veterinary clinic in the 960 square foot, 2-story garage labeled Bldg. B on the site plan. The clinic would be located on the first floor and an office would be located on the second floor. The 480 square foot first floor would primarily be for storing medical equipment, supplies/sundries/pharmaceuticals, and providing services, supplies or medicine to a client for their animal or treating their dog(s) and/or cat(s) only. No animal boarding or grooming would be conducted on-site. The 480 square foot second floor would be used as office space for employees. The veterinary clinic is proposed to operate Monday through Saturday, from 8:00 AM to 5:00 PM.

2 Staff Report: Clover Valley Veterinary Services Page 2 of 18 Project Location: 3805 SE Donato Lane Port Orchard, Washington South Kitsap County Assessor's Account #: Applicant: Maci Ann Paden 3805 SE Donato Lane Port Orchard, WA Owner of Record: Maci Ann and Ian David Paden 3805 SE Donato Lane Port Orchard, WA State Environmental Policy Act (SEPA) Status: The State Environmental Policy Act (SEPA), found in Chapter 43.21C RCW (Revised Code of Washington), is a state law that requires the County to conduct an environmental impact review of any action that might have a significant, adverse impact on the environment. The review includes the completion of an Environmental Checklist by the applicant (Exhibit 5), and a review of that checklist by the County. If it is determined that there will be environmental impacts, conditions are imposed upon the applicant to mitigate those impacts below the threshold of major environmental impacts. If the impacts cannot be mitigated, an environmental impact statement (EIS) must be prepared. The decision following environmental review, which may result in a Determination of Nonsignificance (DNS), Mitigated DNS, or the necessity for an EIS is called a threshold determination. A separate notice of the threshold determination is given by the County. If it is not appealed, it becomes part of the hearing record as it was issued, since it cannot be changed by the Hearing Examiner. Pursuant to WAC , the optional DNS process was utilized for this project. The SEPA comment period previously occurred concurrent with the Notice of Application dated November 25, 2014 (Exhibit 22). A Determination of Nonsignificance (DNS) was issued February 13, 2015 (Exhibit 38). SEPA noted the following information: The SEPA comment period previously occurred concurrent with the Notice of Application dated 11/25/2014. The project area, located over 225 feet from a fish bearing stream, will be conditioned for moderate geologic hazard slope buffer and setbacks per KCC Title and stormwater control per KCC Title 12. The SEPA appeal period expired February 27, No appeals were filed; therefore, the SEPA determination is final.

3 Staff Report: Clover Valley Veterinary Services Page 3 of 18 Property Characteristics: The 4.99-acre parcel is developed with a single-family residence (SFR), accessory dwelling unit (ADU) and adjacent carport, a 2-story garage and adjacent carport and a shed. The developed area is relatively flat, with slopes in the northwest corner that slopes downward to the north and the east side that slopes to the east. The property is located on the north side of Donato Lane at 3805 SE Donato Lane in Port Orchard; the nearest intersection is Phillips Road SE and SE Donato Lane. Comprehensive Plan and Zoning Designations: Both the Comprehensive Plan designation and the Zoning designation is Rural Protection (RP, Exhibits 24 and 25). Base/Maximum Density Minimum Lot Size Lot Width Lot Depth Maximum Height not applicable 10 acres (for newly created lots, this is an existing lot) 140 feet 140 feet 35 feet Veterinary Clinic or Animal Hospital Zoning Setbacks at KCC (A)(8) Front 50 feet Side 50 feet Rear 50 feet Surrounding Land Use and Zoning: The immediate surrounding area is developed predominately with a single-family residence and in some cases various accessory buildings on acreage lots or undeveloped. There is a horse boarding and training facility known as Clover Valley Riding Center to the west. Properties to the north, east and south are zoned RP; properties to the east are zoned Urban Low Residential (UL). Zoning Map

4 Staff Report: Clover Valley Veterinary Services Page 4 of 18 Public Utilities and Services: Water: On-site well Power: Puget Sound Energy Sewer: On-site septic system Police: Kitsap County Sheriff Fire: Fire Protection District No. 7 Schools: South Kitsap School District #402 Policies and Regulations Most Applicable to the Subject Proposal: The Growth Management Act of the State of Washington, RCW 36.70A, requires that the County adopt a Comprehensive Plan, and then implement that plan by adopting development regulations. The development regulations must be consistent with the Comprehensive Plan. The Comprehensive Plan process includes public involvement as required by law, so that those who are impacted by development regulations have an opportunity to help shape the Comprehensive Plan which is then used to prepare development regulations. Kitsap County Comprehensive Plan Adopted December 11, 2006 (Amended December 2012) The following Comprehensive Plan goals and policies are most relevant to this application: Rural and Resource Lands Policy RL-8 Unlimited expansion of commercial and industrial uses in the rural areas is not appropriate. Accordingly, only limited new commercial and industrial uses will be permitted in the rural areas, per Kitsap County Code Such commercial and industrial uses must be consistent with GMA and Comprehensive Plan requirements for rural areas, preserve Kitsap County s rural character, and shall not allow urban-type uses or services. Policy RL-14 Provide road and access standards that enable all-weather access for emergency response vehicles while preserving and enhancing rural character. Policy RL-15 Ensure proper installation, use and maintenance of on-site septic systems. Economic Development Policy ED-5 Encourage business diversification to reduce dependence on government spending, commuter jobs outside of the county, and to minimize cyclical unemployment. Policy ED-16 Provide a diverse mix and appropriate range of commercial, industrial and business land uses that will encourage economic activity capable of providing living-wage jobs and reasonably scaled to the needs of the community.

5 Staff Report: Clover Valley Veterinary Services Page 5 of 18 Transportation Policy T-101 Implement access standards for all roadway types. Policy T-104 Retain native vegetation as a priority. The County s development regulations are contained within the Kitsap County Code. The following development regulations are most relevant to this application: Kitsap County Code (KCC) Title 11 Roads, Highways and Bridges Title 12 Storm Water Drainage Title 14 Buildings and Construction Title 17 Zoning Chapter State Environmental Policy Act (SEPA) Title 19 Critical Areas Ordinance Chapter Transportation Facilities Concurrency Ordinance Chapter Land Use and Development Procedures Relevant Documents Consulted in the Analysis: A complete index of exhibits is located in the project file. To date, the index to the record consists of Exhibits Applicant submittals: Document Exhibit # Dated or date stamped Building Site Application 15 November 10, 2014 Building Clearance 15 November 10, 2014 Building B Elevations Photos 9, 10, 11 November 10, 2014 Condition Use Permit Application 3 November 10, 2014 Environmental (SEPA) Checklist 5 November 10, 2014 Floor Plans 14 November 10, 2014 Landscape Plan (revised) 36 January 27, 2015 Letters of Support Olsen, Pivetta, Seely 19, 18, 21 November 20, 2014 Parking Narrative 7 November 10, 2014 Project Narrative 4 November 10, 2014 Project Narrative Addendum 2 35 January 27, 2015 Site Plan 8, 16 November 10, 2014 Staff communication: Document Exhibit # Dated or date stamped Development Engineering Memo 37 February 9, 2015 Determination of Nonsignificance 38 February 13, 2015 Health District 33 December 4, 2014

6 Staff Report: Clover Valley Veterinary Services Page 6 of 18 Public comments: No comments received to date, except for the 3 letters of support submitted by the applicant. Analysis: Land Use and Zoning The applicant s request is to establish a limited on-site veterinary clinic on the subject property. The clinic would provide care for dogs and cats only, for 1 to 2 maximum clients per day. The veterinary clinic is proposed to operate Monday through Saturday, from 8:00 AM to 5:00 PM. The applicant operates a mobile veterinary business providing services at the client s home or farm. The mobile business is approximately 85% of the overall veterinary business while the proposed veterinary clinic will be approximately 15% of the business. Two full-time administrative staff will work at the on-site clinic. The other 3 employees primarily work in the field providing care to ambulatory or mobile calls. Emergency veterinary services are provided in the field only, not at the clinic. All on-site veterinary business activities will be conducted inside the existing 960 square foot, 2-story garage designated to be converted into a veterinary clinic, marked Bldg. B or Vet Clinic on the site plan (Exhibits 8 & 16). The veterinary clinic is proposed to be located in an existing building originally constructed under a residential garage permit, Building Permit (BP) , and identified as a shop with full bathroom and second floor game room. The garage permit has not been finaled to date. The applicant has submitted a commercial building permit (CBP ) to convert the garage into the veterinary clinic, but it has been returned awaiting the outcome of this CUP request. The garage permit will need to be finaled prior to issuance of CBP The veterinary clinic would be located on the first floor and an office would be located on the second floor. The 480 square foot first floor would primarily be for storing medical equipment, supplies/sundries/pharmaceuticals, and providing client services and veterinary care. It is anticipated that 1 to 2 clients per day may stop by to pay a bill, pick up supplies or medicine, and/or schedule an appointment for their animal or make a veterinary visit to obtain treatment for a dog(s) and/or cat(s) only. No animal boarding or grooming would be conducted on-site. The 480 square foot second floor would be used as office space for employees. The Allowed Uses Table at KCC (E) Parks, Rural and Resource Zones, under the Commercial/Business Uses category heading, a proposed veterinary clinic is classified as Veterinary clinics/animal hospitals, which requires a Conditional Use Permit (CUP) in the RP zone and is subject to footnote 8. Footnote 8 is addressed below under the setbacks heading. Setbacks A veterinary clinic or animal hospital requires a 50-foot setback from all property lines at KCC (E) and (A)(8). The proposed clinic will be located in Building B, which is 50 feet from all property lines. The adjacent Building A or carport is not 50

7 Staff Report: Clover Valley Veterinary Services Page 7 of 18 feet from all property lines; as a result, Building A shall not be used for any veterinary services. Critical Areas The only indication of critical areas are some moderate hazard areas (moderately steep slopes), but the existing areas of development, including the proposed project, is outside of any slope areas. There are wetlands and streams surrounding the property; however, the distance to these critical areas exceed buffer and setback requirements. Sewage Treatment The applicant submitted a Building Site Application (BSA) and Building Clearance (BC) for the proposed veterinary clinic. The Health District has reviewed and approved the BSA and BC and indicated their project support in an (Exhibits 15 and 33). Water Water will be provided from an on-site well. The Health District has reviewed and approved the BSA and BC and indicated their project support in an . Stormwater The previously approved building permit for the garage structure, Building Permit , was conditioned to provide roof gutters and downspouts directed to splash blocks. With this condition, the project proposal falls below the threshold requiring any stormwater water quantity or water quality controls or mitigation. If the project proposal is modified from that shown on the submitted site plan dated November 10, 2014, Development Services and Engineering will require additional review and potentially new conditions. Fire Flow Fire flow is not required for this project as proposed. The proposed veterinary clinic totals less than 3,600 square feet, which is the minimum threshold requiring fire flow. Access and Roads Access to the site is via Phillips Road SE, a paved county road classified as rural major collector, to a graveled private easement known as SE Donato Lane. Fire apparatus access roads are required and must be maintained by the applicant. Traffic Based on a 960 square foot veterinary clinic, the proposed project s expected average daily trip generation (ADT) and concurrency is approved for 35. However, based on the anticipation of a maximum of 2 clients visiting the site per day the actual ADT is expected to be lower and slightly more than for a single-family residence, which has an ADT of 10. Off-Street Parking Based on the applicant s proposal for a veterinary clinic with office space, KCC requires 1 parking space per 200 square feet for a clinic and 1 parking space per 300

8 Staff Report: Clover Valley Veterinary Services Page 8 of 18 square feet for a professional office or 480 square feet clinic area 200 square feet = 2.4 spaces and 480 square feet office area 300 square feet = 1.6 spaces for a total requirement of 4 parking spaces. Based on the low volume of expected clients per day, the office being staffed by 2 full-time employees, and the remaining employees primarily working in the field, 4 parking spaces should be sufficient and adequate for this project. Landscaping A minimum of 15% of the site is required to be landscaped (KCC ). At least 50% of the property is landscaped; there is a substantial stand of deciduous and coniferous trees on the eastern third and the northwest corner of the property. There is also an effective screening buffer along the north property line of the subject property and grassy areas in the vicinity of development. A 6-foot solid board fence and screening vegetation shall be installed along the west property line and south property line as depicted on the revised landscape plan (Exhibit 36). The proposed fence/landscaping will provide effective screening of the veterinary clinic from adjacent properties. A final landscape plan shall be submitted with the commercial building permit. Lighting No lighting has been proposed. Any new lighting shall be the minimum necessary for safety and security purposes and be compatible with the rural area and surrounding properties. Signage A 3-foot by 3-foot sign has been proposed near the western entrance to the property. Signage will be required to comply with KCC , in effect at the time of a complete sign permit application. The proposed sign shall be compatible with the rural area and not be illuminated. Agency Recommendations Development Services and Engineering recommends approval of this project with 23 conditions. Fire Marshal recommends approval with 1 condition. Kitsap County Health District recommends approval with 2 conditions (Exhibit 33). Staff Evaluation of Decision Criteria: 1. The Hearing Examiner has review authority for this Conditional Use Permit application under KCC, Sections and The Kitsap County Commissioners have determined that this application requires review and approval of the Hearing Examiner. The Hearing Examiner may approve, approve with conditions or deny a Conditional Use Permit. The Hearing Examiner may also continue the hearing to allow for additional information necessary to make the proper decision. The powers of the Hearing Examiner are at KCC, Chapter The proposal is consistent with the comprehensive plan. 3. The proposal complies with or will comply with requirements of Title 17 and complies with or will comply with all of the other applicable provisions of the KCC and all other

9 Staff Report: Clover Valley Veterinary Services Page 9 of 18 applicable regulations, including all applicable development standards and design guidelines, through the imposed conditions outlined in this report. 4. The proposal will not be materially detrimental to existing or future uses or property in the immediate vicinity. 5. The proposal is compatible with and incorporates specific features, conditions, or revisions that ensure it responds appropriately to the existing character, appearance, quality or development, and physical characteristics of the subject property and the immediate vicinity. Recommendation: Based upon the information above, the Department of Community Development recommends that the Conditional Use Permit (CUP) request for Clover Valley Veterinary Services be approved, subject to the following 26 conditions: Development Services and Engineering Planning/Zoning 1. All required permits shall be obtained prior to commencement of land clearing, construction and/or occupancy. 2. Building Permit , a residential garage permit, shall be finaled prior to issuance of a commercial building permit for the veterinary clinic. 3. An approved and issued commercial building permit is required to convert the existing 2-story garage into a veterinary clinic. 4. All on-site veterinary services shall take place within designated Bldg. B or Vet Clinic. No other structure shall be used for the proposed veterinary business. 5. On-site veterinary care shall be for dogs and cats only. 6. The proposed veterinary clinic is subject to the payment of impact fees. Impact fees must be paid at time of permit issuance, or if deferred, must be paid prior to final inspection. No certificate of occupancy will be granted until all impact fees are paid. 7. This permit shall comply with all Kitsap Public Health District regulations and conditions of approval. 8. No business-related outside storage is allowed. 9. A minimum of 4 parking spaces shall be provided on-site. No business parking is permitted within any required yard or setback.

10 Staff Report: Clover Valley Veterinary Services Page 10 of Any and all signage design and location (including exempt signs) shall comply with Kitsap County Code (KCC) , and be reviewed and approved by the Department of Community Development prior to installation. Signage may require a separate permit. 11. Artificial outdoor lighting shall be arranged so that the lighting is fully recessed or fully shielded from side view and directed downward and away from surrounding properties. No more than one foot-candle of illumination shall leave the property boundary. Lighting shall be the minimum necessary for safety purposes and be compatible with the rural character of the area. Light standards (poles) shall not exceed 20 feet in height. 12. A landscape plan consistent with the requirements of Kitsap County Code (KCC) is required with the commercial building permit. 13. Landscaping shall be installed and maintained in conformance with the requirements of Kitsap County Code (KCC) Landscaping shall be installed and inspected prior to requesting a final inspection, or guaranteed by means of an assignment of funds or bonded in the amount of 150 percent of the cost of installation. 14. The recipient of any conditional use permit shall file a Notice of Land Use Binder with the county auditor prior to any of the following: initiation of any further site work, issuance of any development/construction permits by the county, or occupancy/use of the subject property or buildings thereon for the use or activity authorized. The Notice of Land Use Binder shall serve both as an acknowledgment of and agreement to abide by the terms and conditions of the conditional use permit and as a notice to prospective purchasers of the existence of the permit. The Binder shall be prepared by the Department and recorded at the applicant s expense. The applicant shall provide recorded copies of the Binder to the Department. The Binder shall be recorded within 30 days of the final land use decision and notification by the Department. 15. The uses of the subject property are limited to the uses proposed by the applicant and any other uses will be subject to further review pursuant to the requirements of the KCC. Unless in conflict with the conditions stated above and/or any regulations, all terms and specifications of the application shall be binding conditions of approval. Approval of this project shall not, and is not, to be construed as approval for more extensive or other utilization of the subject property. 16. The authorization granted herein is subject to all applicable federal, state, and local laws, regulations, and ordinances. Compliance with such laws, regulations, and ordinances is a condition to the approvals granted and is a continuing requirement of such approvals. By accepting this/these approvals, the applicant represents that the development and activities allowed will comply with such laws, regulations, and ordinances. If, during the term of the approval granted, the development and activities permitted do not comply with such laws, regulations, or ordinances, the applicant agrees to promptly bring such development or activities into compliance.

11 Staff Report: Clover Valley Veterinary Services Page 11 of The decision set forth herein is based upon representations made and exhibits contained in the project application Any change(s) or deviation(s) in such plans, proposals, or conditions of approval imposed shall be subject to further review and approval of the County and potentially the Hearing Examiner. 18. The Conditional Use Permit approval shall become void if no building permit application to convert the existing garage building into a veterinary clinic is accepted as complete, by the Department of Community Development, within three years of the date of the Hearing Examiner s decisions and resolution of any appeals. 19. Any violation of the conditions of approval shall be grounds to initiate revocation of this Conditional Use Permit. Solid Waste 20. Contact Waste Management at (360) for information on implementing the solid waste/recycling storage requirements influenced by the service provider (e.g. dumpster size and location) for the project. Pay particular attention to the access requirements of collection trucks. Prior to issuance of the associated Commercial Tenant Improvement permit # , provide documentation from the solid waste/recycling service provider that their requirements for this project have been met. 21. Show solid waste dumpster location, method for securing the enclosure gates in an open position and pad sizes on the plans submitted for approval of the associated Commercial Tenant Improvement permit # Details of the enclosure, including interior dimensions, building materials and lighting must be included with the plans prior to final approval of permit # These details may be architectural drawings attached to the plans. Provided area must accommodate a minimum 6-yard dumpster. 22. Provide at least 150 square feet of exterior recyclable materials storage space for the project. Describe collection containers and show their locations, method for securing the enclosure gates in an open position and pad dimensions on the plans submitted for approval of associated Commercial Tenant Improvement permit # Details of the enclosure, including interior dimensions, building materials and lighting must be included with the plans prior to final approval of permit # These details may be architectural drawings attached to the civil plans. Stormwater 23. The owner shall be responsible for maintenance of the storm drainage facilities for this development following construction. Before requesting final building inspection for this development (associated Commercial Tenant Improvement permit # ), the person or persons holding title to the subject property for which the storm drainage facilities were required shall record a Declaration of Covenant that

12 Staff Report: Clover Valley Veterinary Services Page 12 of 18 Fire Marshal guarantees the County that the system will be properly maintained. Wording must be included in the covenant that will allow the County to inspect the system and perform the necessary maintenance in the event the system is not performing properly. This would be done only after notifying the owner and giving him a reasonable time to do the necessary work. Should County forces be required to do the work, the owner will be billed the maximum amount allowed by law. 24. Fire apparatus access roads are required and must be maintained. Any proposed revision to these roads must be submitted to, reviewed and approved by the Kitsap County Fire Marshal's Office. IFC 503 Amended by Kitsap County. Access roads shall comply with the following: a. Unobstructed width of 20 feet and height of 13 feet 6 inches. b. Shall be designed and maintained to support a 60,000 pound fire apparatus and be provided with an all weather driving surface. c. Dead end access roads exceeding 150 feet in length shall be provided with an approved turnaround. d. Inside turning radius shall be a minimum of 25 feet. e. Access roads shall extend to within 150 feet of all portions of the exterior walls of the first story of the structure as measured by an approved route around the exterior of the structure or facility. f. Road shall not be more than 12% grade. Health District 25. The approved Building Site Application (BSA) on file with the Health District is for use of the structure as a limited veterinary clinic. 26. No hazardous materials or non-residential waste may be disposed of in the onsite sewage system.

13 Staff Report: Clover Valley Veterinary Services Page 13 of 18 c: Dr. Maci Paden; Maci Ann and Ian David Paden; 3805 Donato Lane SE; Port Orchard, WA Interested Parties: Karen and Loren Olsen; Tom Pivetta; 3889 SE Donato Lane; Port Orchard, WA Jill Seely PO Box 1682; Port Orchard, WA Kitsap County Health District, MS-30 Kitsap County Public Works Dept., MS-26 DCD Staff Planner: Meg Sands DCD Code Compliance DCD File DCD Building Permit File DCD Development Engineering DCD Fire Marshal Hearing Examiner Clerk of Hearing Examiner

14 Staff Report: Clover Valley Veterinary Services Page 14 of 18 This page intentionally left blank

15 Staff Report: Clover Valley Veterinary Services Page 15 of 18 Floor Plan Main Floor (Exhibit 14)

16 Staff Report: Clover Valley Veterinary Services Page 16 of 18 Floor Plan 2nd Floor (Exhibit 14)

17 Staff Report: Clover Valley Veterinary Services Page 17 of 18 Landscape Plan (Exhibit 36)

18 Staff Report: Clover Valley Veterinary Services Page 18 of 18 Site Plan (Exhibit 16)