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2022-07-15_PlanningCommission_AdnaRezone_StaffReportPlanning Commission Workshop Community Development • 2025 NE Kresky Ave, Chehalis, WA 98532 • Phone: (360) 740-1146 STAFF REPORT ADNA GROCERY REZONE PROPOSAL Date: July 15, 2022 Staff: Mindy Brooks, Senior Long Range Planner Attachments: A – Adna Grocery Application B – Vicinity Map C – Supporting Materials D – Additional Findings SUMMARY The owners of the Adna Grocery store, Jim and Cindy Smith, have requested to amend the Lewis County Comprehensive Plan classification from Resource Land to Small Community (non-resource) and to rezone the site from Agricultural Resource Land (ARL) to Small Town Mixed Use (STMU). The request is being made because the existing use of a grocery store and gas station is a non-conforming use under ARL. The owners plan to add a restaurant with indoor and outdoor dining, associated parking and site improvements as needed. This use type is also non-conforming in the ARL zone. Existing and proposed uses on the site would be conforming if the site is rezoned to STMU. Map 1 is the vicinity map that shows the land proposed for the rezone from ARL to STMU. All materials referenced in this staff report are incorporated by reference and are found on the Community Development webpage, https://lewiscountywa.gov/departments/community-development/rezones/, and listed in Attachment C. BACKGROUND In 1995, when Lewis County was required to meet the requirements of the Growth Management Act (GMA), counties were allowed to designate Limited Areas of More Intense Rural Development (LAMIRDs) to recognize places like Adna, which is an unincorporated small town. WAC 365-196-425 states that the outer boundary of a LAMIRD should be based on the development patterns that existed at the time the jurisdiction was required to meet the GMA, which was 1995 for Lewis County. Based on information from the Lewis County Assessor’s Office, the Adna Grocery Store has been a commercial retail use since at least 1983. Staff reviewed Ordinance 1170B, which was the ordinance that adopted the STMU zone designation along with the rest of the county’s zoning. Ordinance 1170B did not mention the Adna Grocery Store and it is not known why the site was not included in the LAMIRD and zoned STMU. Planning Commission Workshop Pg. 2 of 4 Planning Commission Workshop Pg. 3 of 4 PROCESS On December 29, 2021, Jim and Cindy Smith applied to amend the Lewis County Comprehensive Plan classification from Resource Land to Small Community (non-resource) and to rezone the site from ARL to STMU. A comprehensive plan map amendment includes a required non-project action SEPA review, which is underway. Comprehensive plan map amendments are processed according to LCC 17.05.040, Project permit application Type V, and 17.12, Public Participation Program. The Rezone Application was determined to be complete on January 26, 2022 and the Notice of Application was published on February 9, 2022. Public comments on the Notice of Application could be provided through February 23, 2022, however, no comments were received. The SEPA determination for the non-project action (Phase 1 of the SEPA review) was issued on July 12, 2022 and public comments may be provided through July 26, 2022. Appeal of the SEPA determination may be filed through August 2, 2022. An update on the SEPA determination will be provided at the July 26, 2022 Planning Commission meeting. The Planning Commission will hold a workshop at which staff will present an analysis of the proposal against the approval criteria and answer commissioner questions. The applicant is invited to attend and may respond to direct questions from the commissioners. The public is also invited to attend; however, public comments are not taken during the workshops. Following the workshops, Planning Commission will hold a duly noticed public hearing to receive testimony on the proposal prior to making a decision to recommend, or not, that the Board of County Commissioners (BOCC) approve the comprehensive plan map amendment and zone change. Public comments may be submitted as testimony for the hearing. STAFF FINDINGS Lewis County Code 17.12.100(1) are the approval criteria that Planning Commission and BOCC are required to use to determine if a comprehensive plan map amendment can be approved. Below, staff have provided findings against each criterion to help Planning Commissioners assess if LCC is met. (a) The amendment conforms to the requirements of the Growth Management Act, is consistent with the county-wide planning policies and the comprehensive plan, including any interlocal planning agreements, if applicable. Staff findings: Attachment D includes staff findings against LCC 17.12.100(1)(a). Based the findings in Attachment D, the proposed amendment conforms to the requirements of the Growth Management Act and is consistent with county-wide planning policies and the Lewis County Comprehensive Plan. There are no interlocal planning agreements related to the property or the proposed amendments. Therefore, this criterion is met. (b) The application and any studies submitted to the department, the planning commission, and the board of commissioners demonstrates a need for the amendment. Planning Commission Workshop Pg. 4 of 4 Staff findings: According to the Lewis County Assessor’s Office, the site has been in a commercial retail use since at least 1983. The site should have been included as a Small Community in the Lewis County Comprehensive Plan Map LU-2 based on development patterns that existed in 1995. The comprehensive plan map amendment and rezone is needed to correct that error. Therefore, this criterion is met. (c) The public interest will be served by approving the amendment. In determining whether the public interest will be served, factors including but not limited to the following shall be considered: (i) The anticipated effect upon the rate or distribution of population growth, employment growth, development, and conversion of land as envisioned in the comprehensive plan; and Staff findings: There is no anticipated impact on population growth. Development and employment could increase with future expansion of the commercial retail uses. Although the zoning would be changed, the actual use would remain the same. Therefore, this criterion is met. (ii) The anticipated effect on the ability of the county and/or other service providers, such as cities, schools, water purveyors, fire districts, and others as applicable, to provide adequate services and public facilities including transportation facilities. Staff findings: The comprehensive plan map amendment and zone change is a non-project action and will have no impact on service providers because there is no development associated with a change to zoning. Future development could have an impact on service providers, which would be addressed through future permitting when project-level impacts are known. Therefore, this criterion is met. (iii) The anticipated impact upon designated agricultural, forest and mineral resource lands. Staff findings: The site has been a grocery store since at least 1983, The has not been used as and nor could it likely be used, as agricultural land of long term commercial significance because the site is 0.74 acres in size and much of the site is in the floodplain. Therefore, this criterion is met. (d) The amendment does not include or facilitate spot zoning. Staff findings: The amendment does not facilitate spot zoning because it would be an expansion of an adjacent and compatible zoning designation and associated use allowances. Therefore, this criterion is met. NEXT STEPS Staff recommend that the Planning Commission hold a workshop on July 26, 2022 to evaluate the application and ask questions of staff and the applicant. At the workshop, the Planning Commission will decide if they are ready to proceed with a public hearing. Attachment A: Anda Grocery Rezone Application S ta te R o u te 6 Bunker Creek Rd Dieckman RdAdna School RdT win O aks R d Robin Rd Updated 07/15/2022 This map was created by Lewis County Geographic Information System. The accuracy of the map has notbeen verified and should be used for informational purposes only. Any possible discrepancies should bebrought to the attention of Lewis County GIS.State Plane Washington South FIPS 4602North American Datum 1983North American Vertical Datum 1988 (Topography) Attachment AVicinity Map Site Parcels River Channel ±0 0.04 0.080.02 Miles Adna GroceryRezone Proposal Planning Division, Community Development Small Town Mixed Use (STMU) Agricultural Resource Land (ARL) Attachment C: Adna Grocery Rezone Supporting Materials The following documents and the information contained therein are incorporated into the public record by reference. The documents are available on the Lewis Count Community Development website https://lewiscountywa.gov/departments/community- development/rezones/ Documents Incorporated by Reference: (listed in reverse chronological order) 2022-07-12 SEPA Determination 2022-02-08 Notice of Application 2022-01-26 Letter of Completeness 2021-12-29 SEPA Checklist 2021-12-29 Rezone Application Attachment D: Adna Grocery Rezone Findings of Fact July 15, 2022 Pg. 1 of 6 The following are findings of fact that are in addition to the findings presented in the July 15, 2022 Staff Report. I. Growth Management Act The Growth Management Act Revised Code of Washington (RCW) that are applicable to Master Planned Resorts are addressed below. 1 RCW 36.70A.070(5)(d) Limited Areas of More Intense Rural Development (iv) A county shall adopt measures to minimize and contain the existing areas of more intensive rural development, as appropriate, authorized under this subsection. Lands included in such existing areas shall not extend beyond the logical outer boundary of the existing area, thereby allowing a new pattern of low-density sprawl. Existing areas are those that are clearly identifiable and contained and where there is a logical boundary delineated predominately by the built environment, but that may also include undeveloped lands if limited as provided in this subsection. The county shall establish the logical outer boundary of an area of more intensive rural development. (v) For purposes of this subsection (5)(d), an existing area or existing use is one that was in existence: (B) On the date the county adopted a resolution under RCW 36.70A.040(2), in a county that is planning under all of the provisions of this chapter under RCW 36.70A.040(2); In 1995, Lewis County was required to plan under all provisions of the Growth Management Act RCW 36.70A. Therefore, the outer logical boundary of limited areas of more intense rural development (LAMIRDs) should be based on development patterns and density that existed in 1995. The Adna Grocery Store has been designated by the Lewis County Assessor’s Office as commercial retail use for the purposes of taxation since 1983. In 1995, the Adna LAMIRD boundary ended at Bunker Creek Road, but should have included the Adna Grocery Store, which was a consistent existing development and use as other uses within the Adna LAMIRD. Amending the Lewis County Comprehensive Plan map from Resource Land to Small Community will correct this error. Therefore, the proposed amendment is consistent with this rule. 2 WAC 365-196-425(6) Limited Areas of More Intense Rural Development (c)(i) Type 1 LAMIRDs - Isolated areas of existing more intense development. Within these areas, rural development consists of infill, development, or redevelopment of existing areas. These areas may include a variety of uses including commercial, industrial, residential, or mixed-use areas. These may be also characterized as shoreline development, villages, hamlets, rural activity centers, or crossroads developments. The Adna LAMIRD is a village and rural activity center. The Adna Grocery Store has been a part of the village and contributing use to the rural activity center since at least 1983. Therefore, the proposed amendment is consistent with this rule. Attachment D: Adna Grocery Rezone Findings of Fact July 15, 2022 Pg. 2 of 6 (B) When establishing a Type I LAMIRD, counties must establish a logical outer boundary. The purpose of the logical outer boundary is to minimize and contain the areas of more intensive rural development to the existing areas. Uses, densities or intensities not normally allowed in a rural area may be allowed inside the logical outer boundary consistent with the existing character of the LAMIRD. Appropriate and necessary levels of public facilities and services not otherwise provided in rural areas may be provided inside the logical outer boundary. (C) The logical outer boundary must be delineated primarily by the built environment as it existed on the date the county became subject to the planning requirements of the act. (D) The fundamental purpose of the logical outer boundary is to minimize and contain the LAMIRD. Counties should favor the configuration that best minimizes and contains the LAMIRD to the area of existing development as of the date the county became subject to the planning requirements of the act. When evaluating alternative configurations of the logical outer boundary, counties should determine how much new growth will occur at build out and determine if this level of new growth is consistent with rural character and can be accommodated with the appropriate level of public facilities and public services. Counties should use the following criteria to evaluate various configurations when establishing the logical outer boundary: (I) The need to preserve the character of existing natural neighborhoods and communities; The Adna Grocery Store should have been included in the logical boundary of the Adna LAMIRD because the store existed on the date the county because subject to the planning requirements of the act. The Anda Grocery Store was part of the existing community prior to and in 1995. Therefore, the proposed amendment is consistent with this rule. (E) Once a logical outer boundary has been adopted, counties may consider changes to the boundary in subsequent amendments. When doing so, the county must use the same criteria used when originally designating the boundary. Counties should avoid adding new undeveloped parcels as infill, especially if doing so would add to the capacity of the LAMIRD. Following the same criteria used to establish the Adna LAMIRD, it was an error that the Adna Grocery Store was excluded from the logical outer boundary of the LAMIRD and the boundary should be amended to include the Adna Grocery Store. This amendment will not add new undeveloped parcels as infill. Therefore, the proposed amendment is consistent with this rule. II. Lewis County Countywide Planning Policies 1 Urban Growth. Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner. 1.7 Rural areas have low-density development, which can be sustained by minimal infrastructure improvements. Exceptions will be made for areas appropriate for more intense development that are consistent with state law. Adna is a limited area of more intense rural development. Therefore the proposed amendment is Attachment D: Adna Grocery Rezone Findings of Fact July 15, 2022 Pg. 3 of 6 consistent with this planning policy. 5 Economic Development. Encourage economic development throughout Lewis County that is consistent with adopted comprehensive plans, promote economic opportunity for all citizens, especially for unemployed and for disadvantaged persons, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of Lewis County’s natural resources, public services and public facilities. 5.0 The development of businesses and industries should be encouraged within cities, urban growth areas, designated Limited Areas of More Intense Rural Development (LAMIRDs), and those unincorporated areas of Lewis County that satisfy the requirements set forth in RCW 36.70A.350, .360, .362, .365, .367, and 368. The proposal is an amendment to an existing LAMIRD to include an existing commercial retail use. Therefore the proposed amendment is consistent with this planning policy. 5.2 A diversified economic base should be encouraged to minimize the vulnerability of the local economy to economic fluctuations. Inclusion of the Adna Grocery Store in the LAMIRD will change the use from non-conforming to conforming and allow future expansion to support the local economy. Therefore the proposed amendment is consistent with this planning policy. 8 Natural Resource Industries. Maintain and enhance natural resource-based industries including productive timber, agricultural, mineral extraction and fisheries industries. Encourage the conservation of productive forestlands and productive agricultural lands, and discourage incompatible uses. 8.0 Land uses adjacent to agricultural, forest, or mineral resource lands shall not interfere with the continued use of these designated lands for the production of food or agricultural based products, or timber, or for the extraction of minerals. Encroachment on resource lands by incompatible uses shall be prevented by maintenance of adequate buffering between conflicting activities. The site of the proposed amendment is adjacent to Agricultural Resource Land. The site will continue with the existing use, which will become conforming, and will not have negative impacts on the continued use of adjacent agricultural resource. Therefore, the proposed amendment is consistent with this planning policy. 9 Open Space and Recreation. Encourage the retention of open space and development of recreational opportunities, conserve fish and wildlife habitat, increase access to natural resource lands and water, and develop parks. Attachment D: Adna Grocery Rezone Findings of Fact July 15, 2022 Pg. 4 of 6 9.2 The Lewis County river systems and tributaries are a resource that should be protected, enhanced, and utilized for active and passive recreation. The proposed amendment is a non-project action that will have no impact on river systems, therefore this planning policy is not applicable. Future project-level actions will require all local and state laws are met related to protection of surface streams including LCC 17.25, Shoreline Management, and 17.38, Critical Areas. The proposed amendment is consistent with this planning policy. 10 Environment. Protect the environment and enhance Lewis County’s high quality of life including air and water quality, and the availability of water. 10.3 All jurisdictions shall recognize the river systems within the County as pivotal freshwater resources and public water supplies and shall manage development within the greater watershed in a manner consistent with planning practices that do not seriously degrade the integrity of the resources. The proposed development is a non-project action that does not impact to river systems. Future project-level impacts will be required to conform to all applicable local and state requirements including LCC 17.25, Shoreline Management, and 17.38, Critical Area, as well as SEPA review. Therefore the proposed amendment is consistent with this planning policy. 10.6 Floodplains, lakes, rivers, streams, and other water resources should be managed for multiple beneficial uses including, but not limited to flood and erosion control, fish and wildlife habitat, agriculture, aquaculture, open space and water supply. Use of water resources should to the fullest extent possible preserve and promote opportunities for other uses. The proposed development is a non-project action that does not impact flood or erosion control or fish or wildlife habitat. Future project-level impacts will be required to conform to all applicable local and state requirements including LCC 17.25, Shoreline Management, and 17.38, Critical Area, as well as SEPA review. Therefore the proposed amendment is consistent with this planning policy. 11 Citizen Participation and Coordination. Encourage the involvement of citizens in the planning process and ensure coordination between communities and jurisdictions to reconcile conflicts. The proposed amendment has been processed according to LCC 17.05 and 17.12 requirements and meeting all applicable state laws. Below is are the steps and the citizen participation and coordination opportunities are highlighted in gray. The process meets planning policies 11.0 through 11.6. 2021-12-29 Application Submitted by Smiths 2022-01-26 Letter of Completeness sent to Applicant 2022-02-08 Notice of Application posted to: • The Chronicle • Properties within ¼ mile of subject properties Attachment D: Adna Grocery Rezone Findings of Fact July 15, 2022 Pg. 5 of 6 • On Site • On Lewis County Community Development Website 2022-02-23 Comments on Notice of Application due (no comments submitted) 2022-07-12 SEPA Determination Issued and posted to: • The Chronicle • Properties within 500 feet of subject properties • Parties to the Record • SEPA Register • Interagency Review list • Tribal Review list • School District • Fire District • On Site • On Lewis County Community Development Website Future 2022-07-26 Comments on SEPA Determination due (all commenters are “parties to the record”) 2022-07-26 Planning Commission Workshop 2022-08-02 SEPA Appeals due 2022-08-23 Planning Commission duly noticed Public Hearing (tentative) III. Lewis County Comprehensive Plan LAMIRDs are part of the Land Use Element, Rural Lands, of the Lewis County Comprehensive Plan. The applicable goals and policies are addressed below. 1.2 Encourage rural development, outside of urban growth areas, in a pattern and density that: compliments rural character, supports the surrounding and prevailing land use patter, minimizes impacts to resource lands and critical areas, assures visual compatibility, and does not create demand for urban services for county taxpayers. The proposed amendment is to change the existing Adna Grocery Store from a non-conforming use to a conforming use. This is consistent with rural character of Adna and support the existing land use pattern. The rezone will have no impact on resource land or critical areas because it recognizes and existing and long term (since at least 1983) use. The rezone will not create demand for urban services. Therefore the proposed amendment is consistent with this policy. 1.3 Consider the small unincorporated communities, and other Limited Areas of More Intensive Rural Development (LAMIRDs), as key elements of the rural character of Lewis County. Existing LAMIRDs provide the opportunity for rural residents to purchase goods and services, and offer locations for residents to live, start a business or find a job. Attachment D: Adna Grocery Rezone Findings of Fact July 15, 2022 Pg. 6 of 6 The proposed amendment will help maintain an existing grocery store that is important to the Adna LAMIRD. Therefore the proposed amendment is consistent with this policy. 2.1 Promote the development of a vital rural economy in Lewis County with jobs in agriculture, mining, timber production, home occupations, small businesses, and a variety of other industries. Inclusion of the Adna Grocery Store in the LAMIRD will change the use from non-conforming to conforming and allow future expansion to support the local economy. Therefore the proposed amendment is consistent with this planning policy. 4.3 Ensure that future amendments to the boundaries or standards for LAMIRDs are consistent with RCW 36-.70A.070(5)(d). Please refer to Growth Management Act findings. 5.3 Actively promote the economic development of existing all communities to ensure that the settlements can continue to provide goods and services and offer employment opportunities to local residents. The proposed amendment is to change the existing Adna Grocery Store from a non-conforming use to a conforming use. This is consistent with rural character of Adna and support the existing land use pattern. This will allow future expansion to support the local economy. Therefore the proposed amendment is consistent with this planning policy.