RES 933cRESOLUTIONNO.
A RESOLUTION adopting findings and approving a
conditional use permit for a fuel station as part of a commercial
center located at the intersection of the State Route 14 Westbound
Offramp,Southwest 6th Avenue,and the State Route 14 Camas
Offramp.
The Council of the City of Camas do resolve as follows:
Section I
FINDINGS
1 .Project Description:Jesse Schacher has applied for a conditional use permit to
establish a fuel station as part of a commercial center located at the intersection of the State
Route 14 Westbound Offramp,Southwest 6th Avenue,and the State Route 14 Eastbound Camas
Offramp.The project includes an 8,244 square foot building containing offices,
retail/commercial uses,and a convenience store,a 2,200 square foot building to house a
coffee/espresso shop or restaurant,a car wash and a fueling station.
2.Site Description:The subject property consists of 2.17 acres located at the
intersection of the State Route 14 Westbound Offramp,Southwest 6th Avenue and the State
Route 14 Eastbound Camas Offramp.The site is bounded on all sides by public right -of-way.
3.Zoning:At the time the application was filed herein,the property was zoned
Commercial District 2.Under the Commercial District 2 zone,business offices,general
retail /commercial uses,restaurants/cafes,and drive-in business are permitted outright (CMC
18.44.020).The proposed fuel station is subject to a conditional use under the category of
Service Station (CMC 18.44.040).
4.Procedural History:On June 21,2001,the owners of the subject property entered
into a development agreement with the City of Camas,whereby the City agreed to vacate and
sell certain right-of-way located in and adjacent to site in exchange for the construction of certain
landscaping and other improvements to the property that benefit neighboring properties and the
general public.The development agreement was contingent upon the developer obtaining a
conditional use permit for the fuel station.
Pursuant to CMC 18.43.0404,the planning commission held a public hearing to consider
the conditional use permit application.The planning commission issued its recommendation that
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the conditional use permit be approved with specified conditions.Neighboring property owners
duly filed a timely appeal to the recommendation of the planning commission,Public Work
Director’s determination of Nonsignificance.
5.Approval Standards:The approval standards for conditional use permits are set forth
in CMC 18.43.050.CMC 18.55.210(c)also sets forth specific findings the planning commission
must make in order to recommend approval of a development project.
5.1 .Conditional Use Permit Findings:
5.1.1.The proposed use will not be materially detrimental to the public
welfare or injurious to the property or improvements in the vicinity of the proposed use or in the
district in which the subject property is situated.The subject parcel is an island surrounded by
public right-of-way in close proximity to State Route 14,a major arterial.The site does not
directly abut any privately owned property.The traffic study submitted by the applicant
documents that all intersections after consideration of traffic generated by this project will
operate at a level of Service B,which exceeds the City’s standards.Stormwater generated by the
development will be collected on site in a stormwater detention facility to be designed and
maintained in accordance with the Puget Sound Manual.The applicant has submitted a site plan
and landscaping plan.The layout of the structures,the lighting plan,and the landscaping plan are
all designed to minimize impacts to neighboring properties.
5.1.2.The proposed use meets or exceeds the development standards that
are required in the zoning district in which it occupies.Development standards for commercial
development within the City of Camas are located in Title 18.The proposed project satisfies
City’s standards for setbacks,minimum lot size,lot coverage,building height,parking,and
landscaping.Additionally,the applicant has agreed to be subject to the City’s enhanced design
review criteria.The application contains no specific proposal relating to signage,and there
should be a condition to approval requiring City review of any proposed signs for consistency
with CMC 18.15.
5.1.3.The proposed use is compatible with the surrounding land uses in
terms of traffic and pedestrian circulation,building and site design.The parcel is surrounded on
all sides by public right-of-way where Northwest 6th Avenue,a major arterial,and State Highway
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14 intersect.The applicant’s traffic study,and the City’s independent review by DKS support a
finding that the proposal is compatible with traffic and pedestrian circulation.The building and
site have been designed to minimize impacts on neighboring property through the use of
landscaping,building orientation,and the design of lighting so as to not affect neighboring
properties.
5.1.4.Appropriate measures have been taken to minimize the possible
adverse impacts that the proposed use may have on the area in which it is located.The
landscaping has been designed to visually shield the property from neighboring properties.
Traffic impacts have been mitigated,and the applicant will be required to pay its proportional
share of a traffic light at the intersection of Southwest 6th and Northwest 6th Avenues.The
applicant is also being required to widen the Northbound approach to Southwest 6th Avenue in
order to provide separate left and right turn lanes.Pedestrian safety will be insured by
construction of a sidewalk from Northwest 6th to the entrance of the commercial center.
5.1.5.The proposed use is consistent with the goals and policies
expressed in the Comprehensive Plan.The Comprehensive Plan designates this site as
community commercial.The uses proposed by the applicant for this site are consistent with
those defined in the Comprehensive Plan.
5.1 .6.Any special conditions and criteria established for the proposed use
have been satisfied .There are no special conditions and criteria established for a fueling station.
5.2.Development Standards:
5.2.1.The development is consistent with the Comprehensive Plan and
meets the requirements and intent of the Camas Municipal Code.The Comprehensive Plan
classifies this site as community commercial,and the uses proposed by the applicant are
consistent with those defined in the Comprehensive Plan.The Comprehensive Plan further
encourages the development of commercial centers,which should have direct access to arterial
streets,and if possible be located at the intersection of arterials that have maximum accessability.
This site is surrounded on all sides by public right-of-ways,including Highway 14,Northwest 6th
Avenue,and Southwest 6th Avenue,all of which are major arterials.
5.2.2.The development makes adequate provisions for open space,
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drainage ways,streets and other public ways,transit stops,water supply,sanitary waste,parks
and recreation facilities,playgrounds,sites for schools and school grounds.The project provides
for substantial landscaping amenities in excess of the City’s Code with approximately twenty-
seven percent (27%)of the site being used for landscaping.The site plan contains a stormwater
detention facility that is fully integrated with the landscaping.Water supply and disposal of
sanitary waste will be provided through the City of Camas Municipal Water and Sewer System.
The applicant is required to widen the Northbound approach to Southwest 6th Avenue in order to
provide separate left and right turn lanes.Pedestrian safety will be insured by the construction of
a sidewalk from Northwest 6th to the entrance of the project.There will be an information Kiosk
with bicycle and pedestrian pathways.
5.2.3.The development adequately mitigates impacts identified under
Titles 15 -18 of the Camas Municipal Code.All buildings will be constructed in compliance
with the City’s Building Codes.The public works director issued a Determination of
Nonsignificance for this development.The applicant submitted a traffic study prepared by CTS
Engineers,Inc.,a geotechnical soils stability analysis prepared by PBS Environmental,and a
preliminary stormwater plan prepared by Olson Engineering,Inc.All impacts identified have
been mitigated.The applicant will be required to comply with the City’s erosion control plan
and to minimize dust and noise from construction activities.Ground water resources in the area
will be adequately protected by compliance with existing State and Federal regulations governing
underground storage tanks.An oil /water separator will be used to treat runoff from parking and
fueling areas.
5.2.4.The development is beneficial to the public health,safety and
welfare and is in the public interest.The information Kiosk,and pedestrian and bicycle paths
benefit the public.The offsite improvements including widening the Northbound approach of
Southwest 6th Avenue to provide separate left and right turn lanes,the installation of a sidewalk,
and the participation in the traffic light at the intersection of Northwest 6th Avenue and Southwest
6th Avenue will all benefit the public.The construction and operation of a fueling station at this
location which has accessability to a large number of motorists is also beneficial to the public
interest.
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5.2.5.The development does not lower the level of service of
transportation and/or neighborhood park facilities below the minimum standards established
within the Comprehensive Plan.The Comprehensive Plan provides level of service standards for
roadways surrounding the commercial center.Level of service of standards range from “A”
being little or no delay to “F”indicating that drivers will experience long delays.The City
requires that intersections along collector or arterial roadways such as Northwest 6th Avenue and
the SR 14 ramps operate at level of Service D or better.The traffic analysis submitted by the
applicant and reviewed independently by DKS &Associates indicates that after the
improvements to be constructed by the applicant,the level of service at this location will be
LOS B.
5.2.6.The area,location and features of land proposed for dedication are a
direct result of the development proposal,are reasonably necessary to mitigate the effects of the
development,and are proportional to the impacts created by the development.The applicant has
agreed that all areas proposed for dedication are directly related and proportional to the
development proposal,and further that they are reasonably necessary needed to mitigate the
effects of the development.
6.SEPA Issues:
6.1.Based upon the information contained in the SEPA checklist,the application,
the traffic,stormwater and geotechnical reports,the testimony from staff,the testimony from
applicants,representatives,and the testimony from the public,the Council finds that the
applicant’s proposal complies with all applicable laws and will not significantly adversely affect
the environment.The issuance of a Determination of Nonsignificance (DNS)for this
development was proper and fully complies with the Washington State Environmental Policy
Act (SEPA).
6.2.The inclusion of additional information relating to emissions from the Fort
James Paper Mill was not essential to a reasoned threshold determination.WAC 197-11-080(1)
requires the lead agency to obtain information and use it in its environment analysis if the lead
agency feels that there is some unknown information that is essential to a reasoned choice.Any
alleged unknown information relating to emissions at the Fort James Mill was not essential to the
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review of the applicant’s project.There is no evidence in the record demonstrating that these
emissions have a probable significant adverse environmental impact.
6.3.The applicant’s development is not required to mitigate for the impacts
caused by the Fort James Paper Mill.Project opponents argue that the applicant’s development
is required to mitigate emission impacts caused by the Fort James Paper Mill.There is no
authority to require a party impacted by the actions of another to mitigate that impact.Fort
James is responsible for its own emissions,not the applicant.
6.4.The proposed development will not degrade air quality in the area of the
development beyond acceptable standards.Project opponents argue that the proposed
development would degrade air quality in the area of the development beyond acceptable
standards.Air quality issues were identified by the applicant in the SEPA checklist.Those
issues were examined by the responsible official who concluded that there were no probable
significant environmental impacts that require mitigation.There is no evidence in the record that
the proposed development would degrade air quality beyond acceptable standards.
6.5.The applicant’s project will comply with State and local noise standards.
Project opponents argued that the applicant’s project would not comply with State and local
noise standards.The applicant identified potential noise emitters related to construction and
operation of the project in the SEPA checklist.The evidence in the records supported by staff is
that the noise generated by current traffic on State Route 14 and other adjacent roadways exceeds
any noise likely to be generated by the project.
Section II
CONCLUSIONS
1.The applicant has satisfied the criteria of CMC 18.43.050 and of CMC 18.55.210(c),
and therefore the conditional use permit should be issued.
2.The issuance of a Determination of Nonsignficance (DNS)for this project was proper.
Section III
DECISION
1.The appeal of the issuance of a DNS for this project is denied.
2.The recommendation of the planning commission to grant the conditional use permit
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is approved.
3.The conditional use permit shall issue subject to the conditions set forth in the staff
report of December 11,2001,and as agreed to by the applicant in the proceedings before the City
Council.
/ADOPTED by the Council at a regular meeting this /3 day of ,2002 .
SIGNED :
Mayor
AATTEST:V
Clerk
APPROVED to form:
"A /t y /City Att ey