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2013.07.15 Council Meeting Packet
_ FEE: $300.00 CITY OF PASCO APPLICATION FOR SPECIAL PERMIT (FOR OFFICIAL USE oNLYj FILE NO -p 10 DATE: • 16 •13 The undersigned hereby apply for a special permit: Applicant: L r1 i 1 e UJG ti 11 e Applicant's Address: Applicant's Phone Numbers: (home/work, cellular, fax) Ai Applicant's E-mail address: l Property Owner's Name (if different than Applicant): bcani- Praj T7 *Must have Property Owner's notarized signature on page 3 °jam General location of property street address or other description):806_4 f � ✓ { 273— �c.5 Legal description of property (attach separate sheet if necessary): Lots} / _ ,'�G���- Block Subdivisionvr�i 59 k_5 11 THE THE FOLLOWING INFORMATION IS REQUIRED TO PROVIDE THE PLANNING COMMISSION WITH A COMPLETE APPLICATION TO REVIEW: l. Present use of the land and structures) if any: 6t 2. If vacant, check here: 31;5 1 FEE: $300.00 3. Please describe any existing violations of any portion of the zoning ordinance upon the property: 4. Give a detailed description of the proposed use that requires a special permit (attach sQparate sheet if more..space is necessary): o - r�1 ter. TI pu�J Y I14Rk77-For T r x / �`e 4 l .f?1-7� //'r/ `�`/+ X'r,' " �s 7 , 1!Jz t c�1 5. A site map/plan, drawn neatly and to kale, showing the following: (a) Exterior property lines and any adjacent public street or alley rights- of-way; (b) Existing and proposed buildings and other structures; (c) Existing and proposed points of ingress and egress, drives, driveways, and circulatioh pattern; (d) The location of existing and proposed parking areas with each parking space shown; (e) Existing and proposed open spaces and landscape areas. NOTE: Provide a variance report giving a list and mailing address of owners of all property within 300 feet of the applicant's property, as shown by a local title company OR payment of $80.00 which shall be utilized by the City to obtain a current list of property owners of all properties within 300 feet of the applicant's property. Fee for Special Permit - $300.00 Environmental Checklist - $100.00 Radius Notification - $ 80.00 (or provide Variance report in lieu of $80.00) $480.00 3335 2 FEE: $300.00 fur Signature of pplicant � � ra*Nat arized Signature of Property Owner State of Washington ) ss. County of Franklin ) On this 16t--day of before me the undersigned, a Notary Public in and for the State of Washington, duly commissioned an sworn, personally appeared J)Dn (, P,Za--k+ being duly sworn on his/her oath that he/she has prepared and read the foregoing statements and has acknowledged to me that the recitations contained therein are true, and has signed this instrument as his/her free and voluntary act and deed for the purposes therein mentioned. SUBSCRIBED AND SWORN to b met is )�--; day of Z. otary Public in and for the State of Washington o �y0TARp `{`� Residing atan ---�•�— My Commission expires ,sP-z �'UBLiG ARY 3.��^Q c W��� 3335 3 ous 1�0' 2 TRASH I SUNNY � � E A D V°1 V J P�-}'S E,` � 10° lANasrAl�t anu ND5CA E ENCLOSURE UT1LIlY EgSEh-.L•NT cli 42.1.34' S 88'21'34° 10'— I — iuous a � 0` UIiDE LOA DING AREA 'P1CAL. R5 N L,/ LJ OFffC€ OFFICE asT1 6;000 SQ FT 6,000 SCE FT! e w �:. erne'c n 8R 2a,o� o I-E m 3 3 24 1.2'-4° � cv .- g B O g EXISTING EDGE Q�r� 88. f 24"' 1 DO'-6° R4 i - Of'PAVEMENT €XiSTING EDGE ©F PAVEMENT iLL.i- li 3'P T hf 9g p \' zZ R3rl3°,. g.' ;� ..'R3"-6" � .� - j �rr � .. :F✓' - �-: oe - 001 - PaCe, ¢� `-820,00 R3.-Y 20.— p 36' 0' LS FFE R�w. L e I a /`\ EXST CURS AND S Ril DRAINAGE At yi n �jr° EkST CURB. GUTTER � 4 INC. SUNNY MEADfjwS, PEASE 2 (D-152) AF# 531460 (REC. 05-28-1996) 2 3 4 5; 6 7 8 9 10 11 12 13 14 S88' 1'34"E 476.90' (68.97' (68.97') (68.97') (6 .97'} (68.97') -(b8,97`} (68.97') (68.97') 150. 8'— 138,,45' `-� 138.45 454.41' -- `� 10' LANDSCAPE 588`21'34"E 10' PUf3 EASEMENT �? Ln UTILITY EASEML T d a p ° LOT 2 1i3' PUI1 EASEMENT - o :'� LaT 2 00 UIT 3 �i BSP 2001-£38 -� ;7 n •- ;� 4 (VOL, 1, PG- 59) sin o tail 0 Q � o ? S88'21'34 E 10' PUD EASEMENT r a 138.45' _ 138.45' �' 7$.27' s s 197.62' POS 2-178 o (REC. J'�--14-19' N88'21'34"W kt ` 1 S88'21'34"E 30' ACCESS 15.00' 65.00 EASEMENT � 3 3 Af# 537574 LOT 1 t_C]r 4 LOT 1s FOUND & HELD z _ LL1T 3 p u0 q ESP 2001-08 3 ESP ?001--08 N 1URA55 CAP STA#v11 ~ r� o iv "USBf�" AS SHOWN [n cv o (VOL. 1, PG. 59) a � <VU'L. 1, PG, 59) c°: "SUNNY MEADOWS, 10' PUD E SEMENT PHASE 2",' (D-15i �Q� AF# 5375 3 2q UTILITY EASEMENT n Lo � 1 6 �;� BSP 20tH--08 to 588'21'34"E 377.55' 714.27' • i - - 262.63' Noi'38'26"E SDQ'20'16"W 682.05' 135.00 - 45.00' BURDEN BLVD. 855.47 45.01' S88*21'34"E 2671.18' d RESAR WITH 656" SET ' } 3 AR WITH a of, w Hello, my name is Dave Warner. My proposal is to establish a high end auto dealership on Burden Blvd. I have been the owner and Dealer principle of Warner Auto Sales Inc. for over 18 years. I currently own 2 commercial properties on Columbia Dr in Kennewick where Warner Auto Sales is located. I have been a Pasco resident for over 15 years and have raised all of my children in the Pasco School District. 1 currently live in Pasco and consider it my home. I have been in the Auto industry since 1989 and have all of the skill and knowledge to run and operate a quality dealership. My intention with this property is to take the existing gravel lot, owned by Don Pratt, and create a retail front for quality pre-owned vehicles. By paving and lighting the 1.9,000 sq ft area while using the existing landscaping for appearance. I will be leasing an office space in the present strip mall, located behind the proposed location, for all clerical duties. We intend to keep a professional store front and always maintain a clean appearance for the area. This will be a retail location only. All reconditioning for the autos will be done at our Kennewick location, with the exception of the cars being washed once a week. Based on our current numbers in Kennewick, we should bring in an estimated 250 to 300 people per month to this location. These numbers will not only benefit us , but also give top of mind awareness to the locations of all the businesses in that area that customers may be unaware of We are excited for this opportunity, and will do our very best to uphold the reputation of the business owners on Burden Blvd. and do our best to increase revenues for everyone. Sincerely, Dave 'Warner REPORT TO PLANNING COMMISSION MASTER FILE NO: SP2013-010 APPLICANT: Dave Warner HEARING DATE: 5/16/2013 4318 Des Moines Ln. ACTION DATE: 6/20/2013 Pasco, WA 99301 BACKGROUND REQUEST: SPECIAL PERMIT: Location of an auto sales lot in a C-1 (Retail Business) Zone 1. PROPERTY DESCRIPTION: Leal: Parcel #116-273-765: Lot 4, Binding Site Plan 2005-01 General Location: The 6300 Block of Burden Boulevard Property Size: The parcel is approximately 1 acre with about 17,000 sq. ft. available for the proposed auto sales lot. 2. ACCESS: The site is accessed from Burden Boulevard 3. UTILITIES: All municipal utilities are currently available to serve the site. 4. LAND USE AND ZONING: The site is currently zoned C-1 (Retail Business). The northwest portion of the site contains a paved parking lot while the southeast portion is vacant. Surrounding properties are zoned and developed as follows: NORTH: C-1 - Commercial retail/office uses SOUTH: C-1 - TRAC/RV Park EAST: C-1 - Vacant WEST: C-1 - Commercial retail 5. COMPREHENSIVE PLAN: The Comprehensive Plan designates the site for Commercial uses. Goal LU-4 encourages the development of high quality regional and community shopping facilities within the City. LU-4-B promotes the idea of clusters or centers for shopping and services that are functionally and economically similar operationally. LU-4-C encourages the application of standards and guidelines that will result in attractive and efficient commercial centers. 6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead agency for this project. Based on the SEPA checklist, the adopted City Comprehensive Plan, City development regulations, and other information, a threshold determination resulting in a Determination of Non-Significance (DNS) has been issued for this project under WAC 197- 11-158. 1 ANALYSIS The applicant is requesting special permit approval to locate an auto sales lot in a C-1 zone in the shopping center parking lot located at 6311 Burden Boulevard. The site is part of a commercial complex consisting of five buildings occupied by offices, retail businesses and a commercial daycare and common parking areas. The buildings share the same access off Burden Boulevard and Robert Wayne Drive to the west. Although the buildings and some of the parking lot are on separate parcels they collectively function as a one retail/office strip center (Sunny Meadows Center). The property was zoned C-1 in 1994 and was intended to be developed with indoor retail and offices uses as listed under the permitted uses section of PMC 25.42.020. The C-1 zone was established to provide locations for commercial activities to meet the retail shopping and service needs of the community. Banks, restaurants, offices, and retail stores are some of the most common uses permitted within the C-1 zone. These businesses typically conduct business indoors. Automobile and truck sales are a permitted use in the C-3 zone. Other permitted uses within the C-3 zone include mobile home and trailer sales, heavy machinery sales, lumber sales and similar uses where business activities often occur outdoors. Auto sales were included in the C-3 zone because they were deemed to be a higher intensity use that would not be appropriate in a typical C-1 zone. C-1 zones are often used as an intermediate zone between more intense commerce areas (such as C-3) and low-intensity uses such as residential. A typical car lot is adorned with balloons, flags, pennants, search lights, banners, remote radio broadcast trucks, and other items to attract attention. Additionally, car lots frequently have outdoor loudspeakers that can be heard many blocks away. The loudspeakers at the Pasco Auto-Plex have been heard up to a quarter of a mile away. In the early 1980's the zoning regulations were amended to add automobile sales as a Permitted Conditional Use in the C-1 zone. It was about that time that many of the old service stations in town were closing. After closing it was difficult for the old gas stations to be reused because they were built for a single purpose related to servicing vehicles. Most of these old service stations where located on the corner of two busy arterials streets in the central core of the community. In an effort to assist with the reuse of the old gas stations the zoning code was amended to conditionally permit auto sales on old service station properties. The term "Conditional Use" means auto sales may be approved under certain circumstance and conditions in one location and not in another location. The Special Permit review process is used to determine 2 whether or not a conditional use would be appropriate in a given location. To even qualify for the Special Permit review in a C-1 zone a proposed auto sales lot must meet the preliminary criteria listed in PMC 25.42.040(2): (a) Adjacent the intersection of two arterial streets, or (b) Adjacent a single arterial street, provided it is not adjacent to or across a public street right-of-way from a residential district, and would not be located closer than 300 feet to any existing car lot. Meeting either of the locational criteria above allows a business owner to apply for a Special Permit. In this case the property meets criteria (b) due to the sites' location on Burden Boulevard (arterial) which is not adjacent to any residentially zoned parcels. Also, the site is not within 300 feet of another auto sales business. The proposed site is a vacant pad site that was reserved for a future commercial building. The applicant is proposing to use this pad site to display vehicles for sale. The proposed sales office will be located in the nearest commercial building, 120 feet across a parking lot to the north. Unlike a typical used car sales lot that is devoted to the display and sale of vehicles the proposed sales lot will be intermixed with a functioning parking lot serving other businesses. This is a potential safety issue for customers of the auto sales lot and drivers trying to park in the parking lot. Parking lots do not typically have foot traffic moving around looking at cars to buy. The Comprehensive Plan encourages the grouping of similar types businesses. A used car sales lot located within a business center or retail center does not support the clustering concept. Similar businesses that locate near each other tend to fare better economically than when they isolate themselves from other similar businesses. The fast food restaurants are examples of like businesses that often locate together or in the same general vicinity. A used car sales lot shares little in common with an office or retail store. The proposed used car sales lot is located in the 1-182 Overlay District. The Overlay District was created in 2001 to provide additional development guidelines to facilitate the development of an aesthetically pleasing environment with attractive buildings and properties. Car sales lots and the manner in which they are operated do not facilitate the development of an aesthetically pleasing businesses environment. The I-182 standards were amended in 2010 to address community concerns about the haphazard manner in which temporary outdoor businesses were operating in the 1-182 area. Car sales lots are by nature outdoor businesses and some of the community concerns that apply to the temporary and special event businesses would also apply to car sales lots. 3 INITIAL STAFF FINDINGS OF FACT Findings of fact must be entered from the record. The following are initial findings drawn from the background and analysis section of the staff report. The Planning Commission may add additional findings to this listing as the result of factual testimony and evidence submitted during the open record hearing. 1. The Comprehensive Plan identifies the site for commercial uses. 2. The Comprehensive Plan encourages the grouping of similar types businesses. There are no other automotive sales or related business located in the Sunny Meadows Center. 3. The site is zoned C-1 (Retail Business). 4. Retail stores, restaurants, offices, and banks are the most common uses permitted within the C-1 zone. These businesses typically conduct business indoors. 5. C-1 zones are often used as intermediate zones between more intense commerce areas (such as C-3) and low-intensity uses such as residential. 6. The site is part of a one acre parcel within the Sunny Meadows Business Center, most of which is used as a parking lot for the business center. About 17,000 square feet of land is available for the proposed car lot. 7. Car sales are a permitted use in the C-3 zone which is a zoning district that permits outdoor sales activities. 8. Auto sales were included in the C-3 zone because they were deemed to be a higher intensity use that would not be appropriate in a typical C-1 zone. 9. Car sales are a conditional use in C-1 zone. 10. The term "conditional use" means auto sales may be approved under certain circumstance and conditions in one location and not in another location. The Special Permit review process is used to determine whether or not a conditional use would be appropriate in a given location. 11. For a C-1 property to qualify for special permit review for a car sales lot, the property in question would have to either be located at the intersection of two arterial streets or be located on one arterial street and not adjacent to or across a public right-of-way from any residentially zoned properties. A proposed site must also be more than 300 from another auto sales business. 4 12. In the early 1980's the zoning regulations were amended to add Automobile sales as a Permitted Conditional Use in the C-1 zone. 13. The Permitted Conditional Uses of PMC 25.42.040 were amended in 1981 to address a growing concern about how to reuse many of the old service stations in town that had closed. After closing, it was difficult for the old gas station to be reused because they were built for a single purpose related to servicing vehicles. The C-1 zone was amended to specifically allow the adaptive reuse of old service station for car sales lots. 14. The proposed site is not an old service station. 15. Applying of a Special Permit does not guarantee a special permit application will receive approval. 16. The proposed site is a vacant pad site that was reserved for a yet-to-be- built commercial building. The applicant is proposing to use this pad site to display vehicles for sale. The proposed sales office will be located in the nearest commercial building 120 feet across a parking lot to the north. 17. A used car sales lot is typically not intermixed with a functioning parking lot that serves other businesses. 18. Comprehensive Plan policy LU-4-C encourages the application of standards and guidelines that will result in attractive and efficient commercial centers. 19. The proposed used car sales lot is located in the I-182 Overlay District. The Overlay District was created in 2001 to provide additional development guidelines to facilitate the development of an aesthetically pleasing environment with attractive buildings and properties. 20. Parking lots typically do not have foot traffic moving around looking at cars to buy. This is a potential safety issue for customers of the auto sales lot and drivers trying to park in the parking lot. 21. The I-182 standards were amended in 2010 to address community concerns about the haphazard manner in which temporary outdoor businesses were operating in the I-182 area. Car sales lots are by nature outdoor businesses and some of the community concerns that apply to temporary and special event businesses would also apply to car sales lots. 22. A typical car lot is adorned with balloons, flags, pennants, search lights, banners, remote radio broadcast trucks and other items to attract attention. 5 TENTATIVE CONCLUSIONS BASED ON INITIAL STAFF FINDINGS OF FACT Before recommending approval or denial of a special permit the Planning Commission must develop findings of fact from which to draw its conclusions based upon the criteria listed in P.M.C. 25.86.060. The criteria are as follows: (1) Will the proposed use be in accordance with the goals, policies, objectives and text of the Comprehensive Plan? The site is identified in the Comprehensive Plan for commercial uses and has been zoned C-1 rather than C-3 because of the residential zoning to the north. Plan Policy LU-4-B promotes the idea of clusters or centers for shopping and services that are functionally and economically similar operationally. A used car sales lot is not functionally similar to a strip center and permitting a used car sales lot in the parking lot of the Sunny Meadows Center does not appear to support the objectives of the Comprehensive Plan. The Comprehensive Plan (LU-4-C) also encourages the application of standards and guidelines that will result in attractive and efficient commercial centers. This policy of the Plan is implemented in part through the I-182 Overlay District (PMC25.58) which requires architectural and landscaping enhancement over and above what is required in other commercial areas of the City. Permitting a used car sales lot in the parking lot of the Sunny Meadows Center would detract from the overall purposes of the I-182 Overlay District and would not be supportive of the Comprehensive Plan. Used car lots are notorious for "junking up" business areas with balloons, flags, pennants, search lights, banners and flashing lights. (2) Will the proposed use adversely affect public infrastructure? The proposed use will have little impact on the capacity of public infrastructure. Any permitted use located within a permanent business on the site will have more impact on the utility system but will also contribute more through the payment of fees. (3) Will the proposed use be constructed, maintained and operated to be in harmony with existing or intended character of the general vicinity? The existing character and intended character of the neighborhood on the north side of Burden Boulevard is that of an indoor retail/office strip center. The southern side of Burden Boulevard is intended to be the recreation and event center of the community. The proposed use will be operated differently than the existing and intended uses of the Sunny Meadows Center. Having a used car sales lot within the existing parking lot could become a nuisance for the business center and its employees 6 and customers. A used car lot at this location could alter the intended character of the Sunny Meadows Center and surrounding office and retail areas. (4) Will the location and height of proposed structures and the site design discourage the development of permitted uses on property in the general vicinity or impair the value thereof? Surrounding properties are zoned to permit commercial development. Buildings on surrounding lots and on the lot in question are permitted to be 35 feet in height. Development on the lot in question and on surrounding lots must comply with all municipal codes including landscaping, zoning and building codes. These codes are intended to support property values and encourage compatibility within neighborhoods. (5) Will the operations in connection with the proposal be more objectionable to nearby properties by reason of noise, fumes, vibrations, dust, traffic, or flashing lights than would be the operation of any permitted uses within the district? The operation of the proposed used within an existing parking lot will create objectionable safety conflicts between people looking to buy cars and people trying to park cars to transact business in the Sunny Meadows Center. The operation of the car lot with the typical balloons tied to cars, flags, banners and all manner of obnoxious advertising methods will not be a good business fit within the Sunny Meadows Center. (6) Will the proposed use endanger the public health or safety if located and developed where proposed, or in any way become a nuisance to uses permitted in the district? The proposed car sales lot could create a public safety issue because the lot will not be in a location that is devoted strictly to car sales. It will be part of a large parking lot that is dedicated to providing parking to the Sunny Meadows Business Center. Having salespersons and customers wandering back and forth through the parking lot to get to the sales lot and office may become a nuisance to the established businesses within the Sunny Meadows Center. The manner in which car sales lots are operated with obnoxious advertising may also create a nuisance for the established businesses within the center. 7 RECOMMENDATION MOTION: I move to adopt the findings of Fact as contained in the staff report of May 16, 2013. MOTION: I move the Planning Commission recommend the City Council deny the Special Permit request for an auto sales lot on Parcel # 1 16273765 at 6411 Burden Boulevard. 8 VicinY Item: Special Permit - Auto Dealership i A licant: Dave Warner N Map pp File # FE`1't AY DR& .. 1 sue' ° --- - W . r ;,� `• a :��. ;�' - SITE N .�. r { V I Her .;� j Land Use Item: Special Permit - Auto Dealership Applicant:Map # Warner File N 0 Li w FENWAY DR Single Family Residences x a d Commercial 3 F a w SITE BURDEN BLVD TltAC Zoning Item: Special Permit - Auto Dealership Applicant: Dave Warner N Map File #: SP2013 -010 Li 0 w FENWAY DR R-1 (Low-Density Residential) x W C-1 (Retail Business) d 3 F a w SITE BURDEN BLVD G1 (Retail Business) Looking North EEO-fin-, . ..� r ■ �� _ - _ "�� ,: '�! -- - - . / a�AJ S�„ �'a�y c, 3W ��l }T+E' "Q g'" 5� - �• .bb 's} a l f 'f. •++t�'-,'��, t .� ,, x r. to S'Y.�r�+,1�� w• g.4° i ,...` _- — .d 7, ilr I t� in r V F 1 s ^ •. j �`' ;,+� 71' {� t" �ye�j ry}1 �11� �+1� •4'� �.'t�•'. t.. 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'� if� yc'�a•Y 'A+1,.*• �vR� s""'y�tip• � �-,1�^ _r`' �' +�, � s \�?�.� ko i�l4 + i fir • " ky .` P a ",iy�1. tyti,-� .�- t--jT� � ` •:�S v� �jf'l.'.1,�'�•1.r" ?r� .tee A- ���� ���� 777��� ��h, y mr a� t�`-*' 'a1� e t'Q�,*� � �►'Z. .A' i�w `.. � � � a,d'ems -�•�•5►�- t��..`3�I'��._' `... ���` � � ,, `. y' S'f �`' i Looking West oilk 1 1 2 STATE OF WASHINGTON 3 CITY OF PASCO 4 In Re: Location of an auto, ) 5 Sales lot in a C-1 (Retail, ) 6 Business) Zone ) Master File # SP 2013-010 7 Dave Warner ) 8 9 10 EXCERPT OF THE PASCO PLANNING COMMISSION MEETING 11 12 13 TIME : 7:00 p.m. , Thursday, May 16, 2013 14 TAKEN AT: Pasco City Hall 15 Pasco, Washington 16 CALLED BY: City of Pasco 17 REPORTED BY: Krystle Shanks, Administrative Assistant II 18 City of Pasco 19 Community & Economic Development Department Krystle Shanks, Administrative Assistant II City of Pasco - Community & Economic Development Department z 2 APPEARANCES 3 FOR THE PASCO PLANNING COMMISSION: 4 CHAIRMAN JOE CRUZ 5 COMMISSIONER TONY BACHART 6 COMMISSIONER ANDY ANDERSON 7 COMMISSIONER ALECIA GREENAWAY 8 COMMISSIONER LOREN POLK 9 COMMISSIONER JANA KEMPF 10 COMMISSIONER PAUL HILLIARD 11 ALSO PRESENT: 12 MR. RICK WHITE 13 MR. DAVID MCDONALD 14 MS. KRYSTLE SHANKS Krystle Shanks, Administrative Assistant II City of Pasco - Community & Economic Development Department 3 1 2 BE IT REMEMBERED that on Thursday, May 16, 2013 at 7:00 p.m. , at 3 Pasco City Hall, Pasco, Washington, the Pasco Planning Commission 4 Meeting was taken before Krystle Shanks, Administrative Assistant II 5 of the Community & Economic Development Department for the City of 6 Pasco. The following proceedings took place: 7 8 PROCEEDINGS 9 10 CHAIRMAN CRUZ: Item number 6B, special permit, location of an 11 automotive sales dealership, applicant is Dave Warner, Master File 12 Number SP2O13-010. 13 Mr. McDonald? 14 MR. MCDONALD: Thank you. Mr. Chairman and Commission Members, as 15 indicated in the agenda, the applicant is proposing to locate a used 16 car lot, or car lot, on the site indicated on the overhead. This is 17 within the Sunny Meadows Business Center located on the North side of 18 Burden Boulevard between Robert Wayne Drive and Road 60 to the east. 19 The property is zoned C-1 and was zoned C-1 in 1994 when the Sunny 20 Meadows development was first platted and the developers of that 21 subdivision held out a couple hundred feet off of Burden Boulevard for Krystle Shanks, Administrative Assistant II City of Pasco - Community & Economic Development Department 4 1 commercial area to put retail and commercial services for the future 2 residential areas that were going to grow to the North. 3 The C-1 Zone basically is a retail, indoor retail, type zoning 4 district and you often find banks, restaurant, shops and offices 5 within that zoning district. Auto sales, truck sales and so forth are 6 located or permitted only in C-3 Districts and C-3 Districts as you 7 know allow a variety of outdoor type activities; mobile home sales, 8 lumber yards, heavy equipment sales and service and similar businesses 9 that function better in an outdoor setting) . Auto sales are grouped 10 in with those types of uses. They' re deemed basically to be of a 11 higher intensity use than regular C-1 retail. 12 You may ask, or people may ask, "Why is there a special permit 13 provision for car sales in a C-1 Zone when they are a permitted use 14 basically only in a C-3 Zone?" The explanation for that is, back in 15 the early 80's, there were a number of sites within Pasco that were 16 home to the old service stations and those service stations were going 17 out of business. The business model changed, convenient stores were 18 en vogue, and the convenient store/gas station replaced the old 19 service station. And so Pasco had a number of these sites, mainly in 20 the central corridor area on Court Street, Sylvester Street and at the 21 intersections of major arterials. So to try to find some use for 22 those buildings the code was amended to allow special permits for car Krystle Shanks, Administrative Assistant II City of Pasco - Community & Economic Development Department 5 1 sales at those locations. Those locations basically were developed 2 for a single purpose and that was to service automobiles . So, by 3 going through the special permit review it was possible to locate car 4 sales at those old gas station locations and in fact, many of them 5 were granted special permits. 6 Now, because an individual or applicant or site meets the criteria 7 for special permit or conditional permit, does not necessarily mean 8 the application is automatically approved. That is what the review 9 process is for and why we have Planning Commission. The proposed use, 10 as I mentioned, is going to be proposed for the North side of Burden 11 Boulevard in the Sunny Meadows Center. When that center was developed 12 there was a corner held out near the drive-way at the Southeast corner 13 of the site there for a future pad site of some type of building, 14 perhaps a restaurant. It was never developed . The site itself 15 contains 1, 2, 3, 4, 5 different buildings and then a common parking 16 lot. The buildings are on separate parcels and some of the parking 17 lot straddles several of the parcels. The proposed location for the 18 car sales lot is removed from the buildings, as you can see, and it is 19 my understanding that the applicant is proposing to have their sales 20 office located inside one of the buildings that you see to the North 21 side of the property. Those buildings are about 120 feet from the 22 location of where the cars would be displayed for sale. In between Krystle Shanks, Administrative Assistant II City of Pasco - Community & Economic Development Department 6 1 those two places of course is a parking lot and you would have to have 2 customers that were viewing the cars walk through an operating parking 3 lot to get to the sales office and vice-versa and that is not really 4 an ideal sales situation and it' s not one that you typically find at a 5 car sales lot. 6 Another thing that the Planning Commission should consider is that 7 this site is located within the I-182 Overlay District. The Overlay 8 District was created a number of years ago to create or establish a 9 higher set of development standards for commercial activity/commercial 10 development, so you'll find in this area, which extends from basically 11 Road 36 West to the bridge to Richland North of the Irrigation Canal, 12 in this area you'll find that there' s an elevated standard or higher 13 standard for landscaping and building design. It was back in 2010 14 that Planning Commission may remember that those regulations were 15 amended somewhat as it relates to temporary outdoor activities. The 16 City received a number of complaints about haphazard manor in which 17 some of the special event sales people and itinerant merchants were 18 operating, that the code was amended to provide more "teeth" to help 19 maintain the look that the community expects in this area. 20 If you can picture in your mind a typical car sales lot, they often 21 have balloons tied from the antennas or aerials of the cars, there' s 22 flags, streamers, you name it, all sorts of flashy, catchy advertising Krystle Shanks, Administrative Assistant II City of Pasco - Community & Economic Development Department 7 1 to attract people and that type of activity is counter to what the 2 Planning Commission, the City Council, instituted with the amendments 3 to the I-182 code two years ago. 4 Staff' s provided a lengthy list of findings for your consideration 5 and then we've provided for your consideration also the mandatory 6 review of PMC 25.86.060 and we don't usually read through these but 7 I' ll hit parts of them. The first one dealing with the Comprehensive 8 Plan, in the middle of the paragraph there we state that, "Used car 9 sales lot is not functionally similar to a strip center. And 10 permitting a used car sales lot in the parking lot of the Sunny 11 Meadows Center does not appear to support the objectives of the 12 Comprehensive Plan." Dropping down to #3, dealing with the intended 13 character of the neighborhood, "The existing character and intended 14 character of the neighborhood on the north side of Burden Boulevard is 15 that of an indoor/retail/office strip center. The proposed use will 16 be operated differently than the existing and intended uses of the 17 Sunny Meadows Center." Jumping down to #5, dealing with whether or 18 not the use would be more objectionable to nearby businesses or 19 properties, "The existing parking lot will create objectionable safety 20 conflicts between people looking to buy cars and those trying to park 21 cards and transact business in the business center." And then #6, 22 again related to safety, "Having salespersons and customers wandering Krystle Shanks, Administrative Assistant II City of Pasco - Community & Economic Development Department 8 1 back and forth through the parking lot to get to the sales lot and 2 sales office may become a nuisance to the established businesses 3 within the Center. The manner in which car sales lots are operated 4 with obnoxious advertising may also create a nuisance for the 5 established businesses within the center." 6 And then we've provided a recommendation on page 6 that this 7 application not be approved for special permit. So with that, I would 8 be open to any questions that you might have or comments. 9 CHAIRMAN CRUZ: Alright, thank you, Mr. McDonald, and were 10 catching up with Mr. White' s run earlier tonight with that one. I'm 11 going to start with an awkward question. If this was indoor car 12 sales, would that make a difference? 13 MR. MCDONALD: It might. Here again though it's still a C-3 use 14 and not a C-1 use. Some of the car sales lots do have indoor display 15 areas but most of the sales are outside. 16 CHAIRMAN CRUZ: Ok, that was my question. Thank you again. Anyone 17 else? 18 COMMISSIONER HILLIARD: If the applicant were to build a 19 building there and then have the car sales, would that make it more 20 attractive for the overall designation here? 21 MR. MCDONALD: It would answer or solve the question about 22 customers walking back and forth through the parking lot and sales Krystle Shanks, Administrative Assistant II City of Pasco - Community & Economic Development Department 9 1 people going through the parking lot. You'll still have the outdoor 2 sales aspect of it. The one thing that I forgot to mention, in the I- 3 182 Corridor, there is an area in which individuals can sell vehicles 4 out of doors and that' s on St. Thomas Drive. That area is zone CR and 5 it permits RV sales, boat sales, car sales, truck sales. So there is 6 an area out in that western part of the community that is set up for 7 that already. 8 COMMISSIONER POLK: Do you know if the owner of that lot has any 9 intention of making improvements to the parking lot. 10 MR. MCDONALD: I don't know if the owner is, the applicant's here 11 I think and the applicant may be able to address that. 12 CHAIRMAN CRUZ: Ok, any other questions for staff? (Pause) Ok, at 13 this time we' ll open up the public hearing. We'd like to invite the 14 applicant to come forward. Name and address for the record, please. 15 MR. WARNER: Hello. Well, this is fun. Thank you, Dave, makes 16 my job a little easier. Obviously a lot of questions. 17 CHAIRMAN CRUZ: Name and address for the record, please. 18 MR. WARNER: Oh, I'm sorry. Dave Warner, 4318 Des Moines Lane, 19 Pasco. 20 Ok, where to start? Let me address some of the issues here and I 21 think this site map is a little vague I think for what we' re doing. I Krystle Shanks, Administrative Assistant II City of Pasco - Community & Economic Development Department 10 1 went ahead and blew it up. Can I pass these out a little bit? You 2 don't mind? 3 CHAIRMAN CRUZ: (Nods his head yes as the applicant passes out some 4 documents he had printed out) . We got to make sure Krystle gets one. 5 MR. WARNER: Ok. With this site map, I took the area that we 6 have proposed there and scaled it down to actual reality. What we' re 7 doing, the map that you have here, encompasses the whole parking lot 8 as a whole. We will not be utilizing all that space. We' re actually 9 only utilizing about 19,000 square feet, which is the green area that 10 I've proposed here. I marked the entrances in the pink and customer 11 parking in the yellow, which actually allows for 10-12 customer 12 parking spots. 13 Reading through everybody' s scenario, the staff is concerned about 14 people getting run over by cars in the parking lot, transacting 15 business from sales office to car dealership and I never thought of 16 that. I don't see it being a problem. It' s not a high traffic 17 parking lot to begin with. You have a barbershop, he gets a few 18 people. You have a Farmer' s Office, she gets a few people. There's 19 not a lot of traffic in that parking lot anyway to begin with. 20 It talks about intermixed. Our proposal is not intermixed with the 21 current parking lot. We' re actually divided from the actual parking 22 lot. We have parking for the customers, we have sales area, we have Krystle Shanks, Administrative Assistant II City of Pasco - Community & Economic Development Department 11 I demonstration area and you can take a test from there. Yes, the green 2 area mapped off from the office in one of the units behind it, I don't 3 know if it's 120 feet but I didn't actually step it up. It' s really 4 not a far little jaunt from here to there. That's what kind of made 5 it attractive. You know, we' re trying to attract business. That' s 6 why we' re all here. Nobody wants to see an old beat-up car dealership 7 anywhere. I've been in the car business for 20 years. I own and 8 operate Warner Auto Sales in Kennewick. I've been at Columbia Drive 9 for 18 years, same location, and the ideas always been to maintain a 10 clean, upscale, operation. 11 People don't want to buy cars where they don't feel comfortable. 12 If you' re car dealership looks like a salvage yard, you' re probably 13 not going to get a lot of business that way. We' re looking to put 14 upscale units, late model, three years or newer. That's our goal. 15 People trade vehicles in that are older than that and we try to either 16 retail them or wholesale them. We have our Kennewick facility, which 17 will do all our reconditioning. All of our mechanical, all of our 18 detailing, anything other than sales, will be held offsite. It is 19 specifically a retail facility. 20 I understand it is not a like business in that zone. We' re not an 21 exact like business but we support many of the businesses in that Krystle Shanks, Administrative Assistant II City of Pasco - Community & Economic Development Department 12 1 area. A few examples : Discount Tire. I currently spend anywhere from 2 $4,000-$5,000 a month with them already. (Mr. Warner began coughing) . 3 MR. WHITE : Mr. Chair, excuse me for interruption but it might be 4 wise to take just a 2-3 minute recess for the moment. I think we can 5 run up and get Mr. Warner a glass for some water. 6 MR. WARNER: You know what, I'll keep going. I'm good. 7 CHAIRMAN CRUZ: Are you sure? 8 MR. WARNER: I' ll work through this. We' re not an exact 9 business but we do support a lot of businesses. Gas, fuel, obviously 10 we have to buy fuel close. There' s a few service stations, we 11 actually have an account with the Shell Station there already, about 12 $5,000-$6,000 a month there, there is a barbershop right there whoever 13 needs a haircut, nearby restaurants, vendors. We populate and we 14 utilize all of the facilities near and around. I mean, were not 15 trying to bring down the neighborhood . We' re not trying to, we want 16 to hold an upscale dealership. 17 I've been at Columbia Drive 18 years and I've watched the demise of 18 that area. If you've taken a drive down Columbia Drive, you know I 19 mean, 12 years ago, 13 years ago, I could carry a two year old car, 20 three year old car and sell plenty of them and now I'm lucky if I, I 21 have to market to my customer. That customer there is an $8,000 to 22 $10,000 car. It's a high mile used vehicle and so were really Krystle Shanks, Administrative Assistant II City of Pasco - Community & Economic Development Department 13 1 excited about getting out of that area and being able to market a 2 newer nicer dealership. 3 For the nuisance, I understand typical car lots have balloons, 4 banners, that kind of thing. We will have some banners. We' re not 5 big on like crazy things but I don't think we' ll have any more 6 nuisance of banners than the mattress guy on the corner with his moose 7 out there and flag every day. Loud speakers was in there. We don't, 8 I've never used loud speakers for anything. I can't speak for the 9 other car dealers who've done offsite sales at the Trac locations. 10 You know, I've done offsite sales in the past and not had any 11 complaints or anything. 12 Public Safety. You know we' re concerned for our customers more 13 than anything. Obviously our idea is, you take the customer from the 14 car lot to the test drive and then when you' re done with the test 15 drive you take the vehicle back to the sales office. Usually there is 16 not a lot of walking back and forth and around a car dealership but it 17 is going to happen. I think a lot of the people in that area, I've 18 spoken to 4-5 other people who have leases and their businesses there 19 and they are excited. They' re excited because we' re going to bring 20 more awareness to their buildings, to their businesses . I live only 21 maybe 5 blocks from this area. I drive by it every day to come to 22 work and I never knew there was a barbershop there. I never knew Krystle Shanks, Administrative Assistant II City of Pasco - Community & Economic Development Department 14 1 there was a Farmer' s Office there. Just out of site out of mind. So 2 foot traffic, yeah, we' ll increase a little bit but I don't think any 3 hazard to people that's going to be in that area. 4 That' s pretty much all I have right now, if you have any questions . 5 CHAIRMAN CRUZ: I appreciate that you've gone through it kind of 6 point by point so I' ll open up to the Planning Commission at this time 7 if anyone would like to get the ball rolling. 8 COMMISSIONER HILLIARD: So the site improvements that you intend 9 to make to show your longevity and your permanency there versus a 10 weekend warrior. 11 MR. WARNER: I'm working with Mr. Pratt, the owner of the 12 property now. It's about $125,000 of improvement. We'll do a full 13 paving, lighting, make sure there' s power/electrical and all of that 14 stuff in the area. Of course signage is on me we' ll take care of 15 that. I haven't set permits for the signage yet. Obviously I would 16 like to make sure I have this permit before we step into that. You 17 know, I mean, we' re investing a lot of time and a lot of effort and a 18 lot of money and this isn't even a piece of property that we' re going 19 to own. We' re going to lease the property for 20 years . And we plan 20 on being there the full 20 years . It' s not going to be a fly by night 21 or anything of that matter. Krystle Shanks, Administrative Assistant II City of Pasco - Community & Economic Development Department 15 1 COMMISSIONER HILLIARD: So, on the 20 year plan do you have a 2 vision of building a showroom. 3 MR. WARREN: It' s one of those things, I would hate to speculate 4 and say something that I can't actually answer truthfully because I 5 don't know. I do not have a plan of building a showroom on this 6 facility but its a big enough piece of property that you know the 7 event things change, I think we'll have some options to purchase down 8 the road then yeah, we'd obviously love to have a little better idea 9 and facility on this particular location. 10 COMMISSIONER HILLIARD: I think most of us here are pro-business 11 and want to see the community expand and increase. The concern is 12 just the viability here and I appreciate you going through point by 13 point. You've given us a new look at it. So I' ll let the other 14 Commissioner' s ask questions . 15 COMMISSIONER KEMPF : I have a quick question. Burden Road, being 16 amply named as a burden, how many tow trucks if you' re going to tow 17 the trucks to the other facility for maintenance, how many do... 18 MR. WARNER: None. We won't actually have any vehicles 19 delivered to the area. Everything will be delivered to our Kennewick 20 site. Is that what you' re talking about? Krystle Shanks, Administrative Assistant II City of Pasco - Community & Economic Development Department 16 1 COMMISSIONER KEMPF : I mean if someone drops of say, a 2002 2 Impala, are you just going to drive the vehicle to your Kennewick site 3 or are you going to have it towed? 4 MR. WARNER: Well if it's runnable we will have somebody drive 5 it. 6 COMMISSIONER ANDERSON: What' s your plan for business hours? 7 MR. WARNER: We'll probably be from 9:00 AM till 7:00 PM, Monday 8 through Saturday. I like to be closed Sunday if I can. 9 COMMISSIONER BACHART: I actually have a couple of questions. Is 10 there any plans to kind of set the car lot apart from the regular 11 parking lot. I mean, I don't want to go get donuts and have sell me a 12 car. 13 MR. WARNER: I agree and they have great donuts there anyway. 14 Yean, if you look at this map here, the green area that I've marked is 15 actually going to be a curbed area that' s designated for automobiles 16 inside that area for sale. If you walk through the parking lot 17 obviously if there' s sales person there he' s probably going to say, 18 "Hello, how are you doing?" Or on your way to get donuts. If you 19 decide to walk in the sidewalk in front or behind no one' s going to 20 run after you. I don't run a high pressure, a you know, big power 21 house type of store. I never have. I worked in the auto-plex five 22 years before I opened my own store and got out because of the carnival Krystle Shanks, Administrative Assistant II City of Pasco - Community & Economic Development Department 17 1 and the activity and decided to do it my own way and own time. And 2 fortunately I'm still doing it right now. 3 COMMISSIONER BACHART: And then security wise, do you have a lot of 4 issues? I'm just concerned if there' s a large amount of cars sitting 5 there overnight, somebody coming in and doing vandalism and all of 6 that kind of security problems . 7 MR. WARNER: Well, I mean at any point, yes. You' re always 8 worried about security issues. Currently we employ Moon Security to 9 do our security at our facility now and we have a camera system that 10 monitors 24 hours and records. It' s crazy enough, I mean, you can see 11 it on our iPhone if you want to check up on things and that kind of 12 stuff. So yeah, we' ll have a camera and set-up for security and I 13 imagine Moon Security does currently with us I think they do 3-4 14 drive-thrus and one walk-thru inspection every night, check handles, 15 make sure they don't find any keys laying around things like that. 16 COMMISSIONER BACHART: And then, I know that there' s no crystal ball 17 and stuff in the future but you've marked out a smaller site on this 18 map that you've given us. You' re looking at a 20 year lease. Are you 19 hoping to grow at this site? Would you like to expand more and add 20 more vehicles to this lot? 21 MR. WARNER: I don't see that happening. I mean, unless were 22 able to buy out massive amounts of the businesses around. I think in Krystle Shanks, Administrative Assistant II City of Pasco - Community & Economic Development Department 18 1 all fairness, you can get too big too fast in the car business and one 2 thing I've learned in our current location is sometimes too big is too 3 much. You know I mean, you can have two hundred cars sitting on a lot 4 and sell the same amount of cars as if you have one hundred. There' s 5 no rhyme or reason. I think the site pad, I just plotted it out trust 6 me enough to investigate and get this far into it to know that it' s a 7 big enough facility, we should be able to stock anywhere from 65-75 8 units and that' s plenty. Our goals and projections are to average 9 anywhere from 45-55 unit sales a month. 10 COMMISSIONER BACHART: And then the final question, sorry, and this 11 one actually goes back to Mr. McDonald real quick. If this lot comes 12 in with a special permit and other lots come in and start requesting 13 special permits to be here as well, is there some type of legal 14 recourse that you would have to let them in because you already let 15 somebody else in . 16 MR. MCDONALD: No, there' s a provision that they have to be at 17 least 300 feet apart so there's a spacing requirement. They still 18 would have to be on an arterial Burden, Road 68 spacing. 19 COMMISSIONER BACHART: I think I'm done. I' ll be quite now. Thank 20 you. 21 COMMISSIONER GREENAWAY: Do you have a plan since your office is 22 across a parking lot, a curb, actually two curbs, do you have a plan Krystle Shanks, Administrative Assistant II City of Pasco - Community & Economic Development Department 19 1 to put some kind of building maybe on the east side of where your 2 green line is or something there for a sales office eventually in the 3 20 years? 4 MR. WARNER: I'm sorry, which area? 5 COMMISSIONER GREENAWAY: Other side. 6 MR. WARNER: On the other side? 7 COMMISSIONER GREENAWAY: Yeah, on the left. 8 MR. WARNER: Well, currently we don't have any plans to put any 9 buildings up right now. And I think it really comes down to, you 10 know, baby stepping your way into things. I mean, right now we have 11 buildings, we have shop facilities, we have a tire store, downtown we 12 have everything in Kennewick that we could possibly need. This is a 13 branch out. This is a whole different concept. I mean, yes, we could 14 probably find a space in a C-3 Zone and come to Pasco and make sense 15 of that. But it doesn't make sense to me, you know. I've been at the 16 same place for 18 years and I do fine where I'm at. To grow and to 17 come out for the future, my business, my family and things like that, 18 it has to make sense. I mean, Burden' s a great area. I live there. 19 I drive buy it. It' s got great traffic, things like that. It' s 20 obviously, it' s something I'm surprised nobody else has come to the 21 table and tried to look into something of this magnitude. But this is 22 particularly the only site that I've been able to survey that even Krystle Shanks, Administrative Assistant II City of Pasco - Community & Economic Development Department 20 1 meets the City requirements, the 300 feet, the adjacent properties. I 2 mean, I don't even see another car lot actually being able to come, to 3 find a place that makes sense. 4 COMMISSIONER GREENAWAY: Ok. 5 MR. WARNER: And financially we just didn't want to step out and 6 do a million dollar loan, which is what it takes at this point. A 7 $125,000 improvement for you know, a facility, a lot, and lease this 8 and do that, is a little easier than, you know, coming out of our 9 pocket for $200,000-$300,000. 10 COMMISSIONER GREENAWAY: Ok, thank you. 11 COMMISSIONER HILLIARD: Do you have any fencing plans or 12 architectural fencing or barrier around it for visual or draw 13 attention to you and your business and/or set your lot apart. 14 Obviously you need vision. People need to be able to see you. I'm 15 trying to figure out what that' s going to look like. 16 MR. WARNER: We don't have any plans for any type of fencing per 17 say and at some point in the game you can't put a fence up high enough 18 for people to keep them out. And we learned that a long time ago. We 19 used to have a 6-7' fence around our car dealership forever and it 20 looks terrible. It doesn't look good. It looks enclosed. We going 21 to try and keep it open-faced. If you have any recollection of any of 22 the like Archibalds or Mercedes store up on Clearwater where they' re Krystle Shanks, Administrative Assistant II City of Pasco - Community & Economic Development Department 21 1 more open. We thought about doing some rock stuff but I don't really 2 want to do anything that inhibits what' s there. I think for insurance 3 purposes we will have to probably put some sort of like wire area in 4 the pink areas that I marked for the entrances and exits of that lot 5 just so vehicles or what we've been allowed to do in the past is just 6 basically put a block or another vehicle in front there when we close 7 so that people know they' re not driving in and out. But no, no fences 8 or anything to change things now. 9 CHAIRMAN CRUZ: Alright, Mr. Anderson? 10 COMMISSIONER ANDERSON: One more. We' re going to get you hoarse 11 by the time we' re done. Typically car lots have very bright lighting, 12 obviously to show off the cars, make them look all shiny and pretty, 13 all that stuff. What's your plan with lighting? 14 MR. WARNER: Honestly we have a very basic plan for lighting. 15 We don't have any major, I think we have seven proposed light poles. 16 You know, were not going to go auto-plex. You know, two reasons. 17 Number one, I don't feel like I need to. My theory's never been to 18 sell cars in the dark and or at night. And number two, just a matter 19 of funds that it takes, I think can average of $3, 500-$4,000 per light 20 pole and how excessive do you want your power bill to be. You know, 21 so we've scaled it down very, very minimal of what we can get away Krystle Shanks, Administrative Assistant II City of Pasco - Community & Economic Development Department 22 1 with I think. So I don't think it will be a nuisance or you won't see 2 it from, you know, Kennewick, or anything like that. 3 CHAIRMAN CRUZ: Ok, last call for the applicant after we tortured 4 him for a good 20 minutes. (Pause) Alright, thank you very much Mr. 5 Warner. 6 MR. WARNER: Thank you. 7 CHAIRMAN CRUZ: Anyone else in the audience who'd like to speak for 8 or against this item you are welcome to do so at this time. g MR. PRATT: Don Pratt... 10 CHAIRMAN CRUZ: Mr. Pratt, did you swear in when we had the... 11 MR. PRATT: No, I wasn't here to swear in. I try not to swear, sir. 12 CHAIRMAN CRUZ: Ok. Did you not swear in either? (Directed toward 13 another person in the audience) I'm usually pretty good about that so 14 good catch. 15 So, stand and raise your right hand. Do you swear and affirm to 16 tell the truth in the testimony that you give? If so, please say I 17 do. 18 MR. PRATT: I do. 19 CHAIRMAN CRUZ: Thank you very much. I should remember all this by 20 now, it's really pathetic. I'm a little tired. Alright, Mr. Pratt, 21 name and address for the record. Krystle Shanks, Administrative Assistant II City of Pasco - Community & Economic Development Department 23 1 MR. PRATT: Ok. Don Pratt, and I'm the principle owner on this 2 property and about five other pieces that are close to it. And we pay 3 about $40,000 a year in taxes primarily for the City for that property 4 that I don't have any representation on because I live in Kennewick. 5 At first I was king of opposed to the idea of Dave wanting to put a 6 car lot there but as I talked to him and went and looked at the car 7 lot he owns now and talked about the type of cars he' s going to put on 8 there, I think my fears are pretty well alleviated. Like he 9 mentioned, this is going to be a lease so I have some control over 10 that because I don't want junk there because it affects all of the 11 other businesses . I've talked to a lot of the business owners there 12 and they would like to have this there. They feel that it would bring 13 more business to them. There are a couple of them that have 14 businesses that don't even apply to this . I mean, there's a surveyor 15 there that could probably care less. But some of the others feel that 16 it would be synergistic for their businesses . 17 You talked a little bit about the lighting and were planning on 18 doing lighting similar to what' s there right now. We have several 19 light poles for the security that stays on all night long. We pay 20 about $350 a month to keep that thing lighted. So Dave will get to 21 share in that little bit of the lighting. Krystle Shanks, Administrative Assistant II City of Pasco - Community & Economic Development Department 24 1 Pedestrian traffic so far in I don't know how many years we've had 2 that thing there now, somewhere between 5 and 10 years, over 5 and 3 probably less than 10 years, we've never had any claims for anybody 4 being hit by a car. There' s never been any problems with that. When 5 it was built we put a lot more parking spaces in than the minimum 6 requirements so there's plenty of room in the parking lot and it' s 7 pretty lightly used. Obviously any business you get there will 8 attract a few more cars but even with the rest of the space filled out 9 I think there will still be tons of vacant spots. I think just right 10 across the street where we've got the Trac facility you can see some 11 of the stuff that's behind the fence and then out in the open, which 12 on that opposite side there sometimes looks a little trashy but it' s 13 not too bad. And of course they have motorcycle events in there, they 14 have the monster trucks, horses, llamas, cattle, all that sort of 15 stuff, tractors and RV's and they have car sales and all of that sort 16 of stuff going on so this really is a business area. I think I 17 appreciate Mr. McDonald' s concerns but I think it sounds to me like 18 maybe the zoning aspect of this is probably time for maybe a little 19 bit of an update or something with the City. I know talking to Dave, 20 he was looking all over the place and somewhere in this area, the Road 21 68 area, for a place to set up shop and frankly just couldn't find 22 anything and I think the City needs to be able to be a little bit Krystle Shanks, Administrative Assistant II City of Pasco - Community & Economic Development Department 25 1 flexible with these things if they' re going to be up to date with some 2 of the things that are going on in car sales . And I think you 3 probably appreciate the fact that he' s not looking to sell a bunch of 4 clunkers . It' s an upscale sort of thing and I imagine almost 5 everybody here has bought a used car that may be just a few years old 6 at one point in time or another. It seems to be more and more popular 7 sort of thing. 8 So I would conclude that as an owner, I was originally against that 9 because I had a kind of stereotype thought of what a used car lot 10 looked like and after talking with Dave, he's going against that. 11 He' s an honorable man and I believe he' ll stand behind that and if he 12 doesn't stand up to that I can boot him out. So that's all my 13 comments unless you have any questions. 14 CHAIRMAN CRUZ: Thank you, Mr. Pratt? Anyone? 15 COMMISSIONER GREENAWAY: I have a question. Have you talked to 16 any of the businesses that were opposed to them? 17 MR. PRATT: I have not heard from anybody that' s opposed to it. No. 18 COMMISSIONER GREENAWAY: Ok. Thank you. 19 CHAIRMAN CRUZ: Alright, thank you very much. 20 COMMISSIONER POLK: I have one question. Would you be willing to 21 consider altering the parking lot area to show either a pathway or 22 speed bumps because it looks like there are speed bumps in front of Krystle Shanks, Administrative Assistant II City of Pasco - Community & Economic Development Department 26 1 the other two major buildings to the north but not in front of where 2 the office is going to be. Is that correct? 3 MR. PRATT: I would consider it. We could probably do some striping 4 or something like that. I'd just as soon not take away parking spots 5 to put some sort of crosswalk through there but yeah, we could 6 consider that. I think there are lots of people that park out in that 7 parking lot and walk across to the business every day and I don't see 8 that as any big problem. It' s not a real high traffic place. 9 CHAIRMAN CRUZ: Alright, thank you very much. Anyone else who 10 would like to speak for or against this item please come forward. 11 (Two gentleman stand up at the same time. ) 12 I think the gentleman in the in the back had you scooped. You 13 sure? 14 MR. PEREZ: My name is Pablo Perez. I live in 8906 Wilshire Drive. 15 Can we see the diagram that he handed out? I mean, just because right 16 now all we see is the red outline. 17 (Chairman Cruz hands one of the handouts to Mr. Perez. ) 18 Some of the questions I have, he mentioned that his other lot is 19 currently seeing a reduction in quality of vehicles as time 20 progresses . It stands to reason by his statement that as this 21 neighborhood ages you'll see the same reduction in quality of 22 vehicles . Is that uh, that might be a concern, something to think Krystle Shanks, Administrative Assistant II City of Pasco - Community & Economic Development Department 27 1 about. It seems kind of inefficient to have the vehicles being 2 transferred all the way to Kennewick for maintenance, detailing and 3 everything of that sort and then driving them all the way back here. 4 The question would be, what's the amount of vehicles going back and 5 forth. I know its a high traffic area but it is a question of 6 concern. And with a 20 year lease, are you going to maintain the 7 facilities you have in Kennewick right now and continue support 8 operations there or do you have the intention to move that maybe to 9 where the RV Park is and relocate support centers closer to this 10 operation, just because it seems like that might support the movement 11 to request the site here but if it's always going to stay out there I 12 just don't know, I don't feel like it' s a stable, not stable, but a 13 dedicated tenant. It' s a 20 year lease. After 20 years if the 14 neighborhood does decline is he just going to move up and go and now 15 you have an empty car lot that will probably be developed by another 16 used car lot of lower quality which would then impact the neighborhood 17 as well? 18 CHAIRMAN CRUZ: Thank you very much. Anyone else? Alright third 19 time' s a charm. 20 MR. PETERSON: Mr. Chairman and Commission Members, for the record 21 my name is, Larry Peterson. My address is 8427 Kensington Court in 22 the I-182 Corridor. I'm here, I read the notice in the newspaper and Krystle Shanks, Administrative Assistant II City of Pasco - Community & Economic Development Department 28 1 I have concern about the car lot. Nothing against Mr. Pratt or the 2 way Mr. Warner proposed to operate their operations . It' s the idea 3 that one of the Commissioner's talked about. Once you say yes to one 4 even though you somewhat establish a criteria. You talk about this 5 corridor, it' s 2,600 feet just from Road 60 to 68 Place. Yes a car 6 lot has some width but there' s room for four or five in just that 7 section. You take the area from 68, or from Burden to Sandifur, seven 8 or eight car lots and it becomes a question of, is that what the 9 Planning Commission wants? 10 I took a look at your municipal code today, the first paragraph in 11 the Purpose. It talks about, "...to encourage and facilitate the 12 orderly growth and development of the Pasco Urban Area, to stabilize 13 and improve property values, to promote the development of a 14 wholesome, serviceable and attractive resulting from an orderly 15 planned use of resources." The question is, is this what you envision 16 for the Interstate-182 Corridor. That area is different. You had 17 somewhat of a blank slate starting back in 1991. I think it's, 18 there' s been a few hiccups but it' s still developing quite nicely. 19 You could ask yourself, would the Southridge area be looking at car 20 lots, used or new? Would the Queensgate area would you be looking at 21 the idea of car lots, used or new? There's locations throughout the 22 community for this. Is this the right location? So, however you Krystle Shanks, Administrative Assistant II City of Pasco - Community & Economic Development Department 29 1 decide on this particular use, please take a look at the C-1 Zoning 2 Conditional Use provision because I think you have a loophole that 3 needs to be closed, as otherwise once one comes, there' s many more 4 that have interest and the question is, does this car lot encourage 5 additional private sector investment on those sites? $125,000 is a 6 chunk of change and there is sales tax that comes with it. What is 7 the value of a building that could be on that site? Would that 8 encourage or discourage additional investments on those other pad 9 sites or you would maybe see in the future an expansion of his car 10 lot, he wants to get bigger because those extra pad sites there. So 11 I'm posing those questions to you. Is this the right use in the right 12 location? There are C-3 Zones in the I-182 Corridor that have been 13 out there for 15-20 years. The Broadmoor RV Sales, there' s quite a 14 bit of freeway frontage. The cost of the land might be more than this 15 gentleman looks to afford but the question is, do you want this to be, 16 Highway 99 is a stretch, but do you want this to be a series of used 17 car lots? Does that encourage additional private sector investment 18 like you' re hoping to see and like you've seen over the last 15 or 20 19 years. 20 They talked about TRAC. TRAC is somewhat of a unique, its a 21 special event center. There' s a lot of activity going on there. I 22 don't know that the case can be made, "Well it happens across the Krystle Shanks, Administrative Assistant II City of Pasco - Community & Economic Development Department 30 1 street, therefore let's let it spread." It' s somewhat, that use is 2 contained to that TRAC site but once it starts eating through the 3 Burden Corridor, does it work its way up the Road 68 Corridor? And 4 there' s a few pad sites on Sadifur and Road 68, are those the next 5 locations? Does this use further the intent of your zoning? Will 6 there be banners and what will the speakers be? It's a question of 7 does this help the harmonious development of the area? Does this help 8 stabilize the property values? Does this promote attractive 9 development in your community? 10 I wanted you to take a look regardless of what comes of this, take 11 a look at that C-1 provision. That was set up to be a safety valve, 12 as Mr. McDonald brought up for the old gas stations to have a second 13 life but when you' re talking with a blank slate, is that the first use 14 that goes on the property? Usually a car lot, used car lots come in 15 like that as second uses. You have a whole site on the 182 Corridor 16 at Road 100 for the next autoplex with 20 or so acres of freeway 17 frontage just waiting for the car sales and all the sales tax it would 18 bring. So I would ask that you go with the staff recommendation for 19 the night on this. 20 CHAIRMAN CRUZ: Thank you very much, very well articulated. Anyone 21 who would like to speak for or against this item? Krystle Shanks, Administrative Assistant II City of Pasco - Community & Economic Development Department 31 1 MR. RUSSELL: Tom Russell, 8814 Wilshire Drive, and I hadn't 2 originally come for this and I won't beat a dead horse but just to 3 reiterate what they' re saying, I used to live three blocks off this 4 and I grew up in East Kennewick. Where you see one, you see lots of 5 them and I think that would be the concern of anybody that lived in 6 that area. Is that really going to bring up the growth of this area? 7 If you have one you' re going to have multiple. So I just wanted to 8 reiterate that. 9 CHAIRMAN CRUZ: Ok, thank you very much. Anyone else for or 10 against this item? (A woman approaches the bench. ) 11 Ma'am, did we swear you in? 12 MS. HOMEWOOD: No. 13 CHAIRMAN CRUZ: Ok, please raise your right hand. Do you swear and 14 affirm to tell the truth in the testimony that you'll give? If so, 15 please say, I do. 16 MS. HOMEWOOD: I do. 17 CHAIRMAN CRUZ: Thank you very much. 18 MS. HOMEWOOD: My name is Judith Homewood. I'm a commercial 19 realtor with Coldwell Banker Commercial and I've worked with Mr. Pratt 20 for several years now and I do leasing at his site there and I would 21 say that part of the attractiveness of this kind of establishment is 22 the fact that the tenants, those three buildings, are set back off the Krystle Shanks, Administrative Assistant II City of Pasco - Community & Economic Development Department 32 1 street and if that site were to be developed with any additional 2 buildings, it' s going to impact the line of vision for all of those 3 tenants that are in there and there are at least I think 15, at least. 4 I think its important to make the point that that site is 42,000- 5 43,000 square feet. This is going to be 19,000 square feet of 6 improved property and it's, they've spent a lot of time looking at the 7 appropriate lighting and the appropriate striping, curbing and how it 8 would be attractive and the tenants feel like this would be good for 9 them. 10 The um, your zoning does not allow more, let's see what is it, 300 11 feet, it has to be at least 300 feet. There isn't a site available 12 that close so I just don't know what it' s going to attract and again, 13 Dave Warner has advised us that his concept is more like Archibald's 14 in Kennewick and they don't employ all of this, I don't know, I'm not 15 in the car business but I've never been offended by Archibald' s. We 16 actually have sold a couple of our cars through them because they were 17 so nice to work with. 18 The other thing that I'm wondering about is, just further west is 19 where the Dutch Brother' s went in and that is a lot of traffic in that 20 parking lot. This situation would not have that kind of impact at 21 all. And it is, Don Pratt did lay this out so that there is lots of Krystle Shanks, Administrative Assistant II City of Pasco - Community & Economic Development Department 33 1 existing parking and again, the site is less than half of what that 2 red boundary is. So that' s all. Did anyone have a question? 3 CHAIRMAN CRUZ: Thank you very much, Ms. Homewood. Is there anyone 4 else who would like to speak for or against this item? 5 Ok, were going to go once...actually do we have any more questions 6 from the Planning Commission? I can't think of one we didn't ask 7 already. 8 Going once, going twice, going three times. The public hearing on 9 this item is now closed. And so any other thoughts or discussion on 10 behalf of the Planning Commission. Nobody's going to show their 11 cards? 12 COMMISSIONER HILLIARD: I will. I'm wondering with the 13 testimony and the passion that some of the citizens have come forward 14 to show, which I'm really appreciative that they do that, but also I'm 15 pro-business so I'm concerned that maybe the applicant, I'm wondering 16 if he's got a fair shake and maybe he wants to take a look at 17 resubmitting a site plan that would show his vision and then come back 18 to us and re-present, is the only thing that I would throw out there. 19 And then let him, you know, show us a site plan that would show a 20 little more the vision and also use an architect or spend a little 21 more time than the Sharpie. Don't get me wrong, and help provide a Krystle Shanks, Administrative Assistant II City of Pasco - Community & Economic Development Department 34 1 vision that the public could buy into. So that might be something to 2 think about. 3 COMMISSIONER KHAN: I have two questions but I think they' re more 4 directed towards Mr. McDonald. The first is, what kind of provisions 5 or parameters can we put on a special permit that would alleviate any 6 of the resident' s concerns or some of the issues we noticed and 7 addressed with other car sales lots? And then my second question, 8 I' ll just add that real quick and then I' ll check out, but is it 9 possible to change the curbing of the entrance that comes Burden and 10 then we' re not dealing with traffic from cars going through the 11 parking lot. 12 MR. MCDONALD: I' ll answer the last one first and the answer is 13 no. The binding site plan that set that whole business center up 14 specified where the driveways would be located. Burden Boulevard is 15 an arterial street and the purpose for the arterial street is to move 16 traffic from one part of town to the other and not necessarily provide 17 access to adjoining properties. So it wouldn't be approved by the 18 Engineers. The other question related to conditions, you certainly 19 can condition special permit requests. We do it all the time, you do 20 it all the time. That' s an option you could consider. 21 CHAIRMAN CRUZ: Ok, good question. Anyone else? Any other debate? 22 So I' ll kind of state where I'm at in hopes of spurring a little more Krystle Shanks, Administrative Assistant II City of Pasco - Community & Economic Development Department 35 1 discussion. I think a concept like this is probably not a bad thing. 2 I just don't see how this fits in, I think it' s a little bit 3 discontinuous. I think if it was a vacant lot, you know one way or 4 the other where it was a little more contiguous it would be easier for 5 me to go a special permit. I think if it was indoors I don't think I 6 would have any issue with it at all. That's a big check. I 7 appreciate the effort and thought Mr. Warner put into it. I know the 8 other C-3 areas may be big box, big parcels, big lots and they' re 9 going to want big money to get in there so trying to find a way to 10 facilitate this is a little tough. So for me I don't know if I can 11 get there. 12 COMMISSIONER ANDERSON: I have to agree with Commissioner Cruz. 13 It' s just not, I understand why you want to do it. I mean it makes 14 sense to me but the City has worked so hard to develop that area and 15 to maintain standards there that I just don't think putting a car lot 16 there is in concert with what the vision is out there and I think 17 you've done a...you've fought it out and you've presented a compelling 18 case and I mean it' s...but I just can't go there. 19 (Mr. Waren started to respond. ) 20 CHAIRMAN CRUZ: We can't go there. Public hearing is closed. I'm 21 sorry. I know, it' s kind of one of the bad things about how this all Krystle Shanks, Administrative Assistant II City of Pasco - Community & Economic Development Department 36 1 works. This is the time where you kind of watch your body language 2 and wait for you to jump across the chair. 3 Uh, if anyone else has any more discussion or debate were 4 probably ripe for a motion one way or another. 5 COMMISSIONER ANDERSON: I have a question for staff. I notice 6 this is got recommendations like it' s on a fast track, is that what 7 you' re telling me? 8 MR. MCDONALD: No, it' s not on a fast track. You can do it in two 9 steps but I didn't see the need for doing that. It' s like when she 10 gives you the ring back you don't want to have a meeting tomorrow to 11 discuss it. 12 COMMISSIONER ANDERSON: Is that from experience? 13 MR. MCDONALD: Yes. (Laughter. ) 14 COMMISSIONER ANDERSON: Mr. Chair, I'll make the motion to adopt 15 the findings of fact as contained in the staff report of May 16, 2013. 16 COMMISSIONER GREENAWAY: I' ll second that. 17 CHAIRMAN CRUZ: Moved by Commissioner Anderson, seconded by 18 Commissioner Greenaway. All those in favor say , Aye. 19 COMMISSIONERS: Aye. 20 CHAIRMAN CRUZ: All opposed? Let the record show the motion passed 21 unanimously. Krystle Shanks, Administrative Assistant II City of Pasco - Community & Economic Development Department 37 1 COMMISSIONER ANDERSON: Mr. Chair, I move the Planning 2 Commission recommend the City Council deny the special permit request 3 for an auto sales lot on parcel 116-273-765, at 6411 Burden Boulevard. 4 COMMISSIONER GREENAWAY: I' ll second that. 5 CHAIRMAN CRUZ: Moved by Commissioner Anderson, seconded by 6 Commissioner Greenaway. I got a feeling it' s going to split so we'll 7 go down the line. 8 Commissioner Hilliard? 9 COMMISSIONER HILLIARD: No. 10 CHAIRMAN CRUZ: Commissioner Greenaway? 11 COMMISSIONER GREENAWAY: Yes. 12 CHAIRMAN CRUZ: That' s a yes. 13 COMMISSIONER POLK: No. 14 CHAIRMAN CRUZ: Polk is a no. Kempf? 15 COMMISSIONER KEMPF : Yes. 16 COMMISSIONER BACHART: I'm going to say no. 17 CHAIRMAN CRUZ: Ok, that' s three no' s with Commissioner Bachart. 18 Anderson? 19 COMMISSIONER ANDERSON: Yes. 20 CHAIRMAN CRUZ: That' s a yes. And you were say a yes to deny, 21 correct? 22 COMMISSIONER ANDERSON: Sure. Krystle Shanks, Administrative Assistant II City of Pasco - Community & Economic Development Department 38 CHAIRMAN CRUZ: Ok. And I'm a yes to deny. So let the record show 2 that the motion passed four to three. 3 Again, Mr. Warner, I think you know, there' s a lot of hope here. I 4 just don't think this is going to make it. Maybe with the resubmittal 5 as Mr. Hilliard suggested you might get a little further in relaying 6 some of the neighbors' concerns. I think there' s a way to make it 7 work I just don't think this is it. And thank you again Mr. Pratt and 8 Ms. Homewood for your support of the discussion and for those who gave 9 their testimony as well. io (CONCLUDED. ) Krystle Shanks, Administrative Assistant II City of Pasco - Community & Economic Development Department 39 1 2 CERTIFICATE 3 STATE OF WASHINGTON ) 4 ) ss. 5 COUNTY OF FRANKLIN ) 6 7 This is to certify that I, Krystle Shanks, the Administrative 8 Assistant II for the City of Pasco, Community & Economic Development 9 Department, residing at Pasco, reported the within and foregoing 10 Planning Commission Meeting on the date herein set forth; that said 11 examination was taken by me and thereafter transcribed, and that same 12 is a true and correct record of the proceedings. 13 I further certify that I am not a relative or attorney or 14 counsel of any of the parties, nor am I financially interested in the 15 outcome of the cause. 16 IN WITNESS WEREOF, I have hereunto set my hand and this 17 day of 2013. 18 Krystle Shanks, Administrative Assistant II City of Pasco - Community & Economic Development Department Dave McDonald From: [lave Warner Sent: Wednesday, May 22, 2013 1:45 PM To: Dave McDonald Subject: Dave Warner/MF# 5P2013-010 To whom it may concern, I am requesting an appeal on the decision of the Planning Commission, for Master File# SP2013-010 I am requesting the appeal based on these facts #1. I was not given enough time to prepare for the Meeting a.The Deport was post marked 0511372013 and I did not receive it until 05/16/2013 ( the evening right before ) b. I was also told at the counter that this was just a formality and that i was not required to show up.. c. And with very little preparation there were many items and public concerns that could have been addressed more accurately. #2. The report was worded with stereotypical verbiage, like TYPICAL, USUAL, OBNOXIOUS and NUISANCE. a, While using terms of this nature,the TRUE facts and findings of the report were already down played to the reader 43. The report listed this as a high intensity business a. We have no more foot traffic or intensity that the businesses that are already established there b If this is not a high intensity zoned area, then why did we allow a Dutch bro Coffee just one block up . Thank you Dave for all of your help in this process, We are looking forward to establishing an upscale Auto facility that the city of Pasco can be proud of Sincerely Dave Warner of Warner Auto Center May 16, 2013 Planning Commission Broadcast Video Link: http://pscty.pegcentral.com/plaver.php?video=7967feO3Scla249bcSce9b9OOlSOddda WA-Official Website =:PSC-TV On Demand-City of Pasco_. x A .com.pla_•,er.phpA.videa-796 7feO35cla249bc5cegbg,�6150ddda �'�� Goggle PSC-TV On Demand-City of Pasco. "r.-Bringing the City ofPasco closer toyou! Home Login Planning Commission Meeting, May 16, 2013 Gavel-to-gavel coverage ofthe Pasco Planning Commission.Meetings are broadcast live the third Thursday of each month(excluding holidays)beginning 2t7:00 pm.The Planning Commission makes recommendations to the City Council on land use issues,such as zoning.Along with workshops on other land use-related issues,the commission holds public hearings for planned-unit i developments,preliminary plats,re-zones,and special permits. - f Program Information Created Date:May 16,2013 Creator:PascoCitwTelevisign Genre:Planning Commission -- Indemnification:City of Pasco Producer Email:communicationsapasco-wagon a Title Type:Program 1 Format Identifier:PC 051613 ID City W P.- i � f Index Points Call to OrderfAgenda LInK:(ro Agenda Item 4:.Approval of Minutes Item 5a:Special Permit:Church in an R-2 District 5b:Special Permit:Church in a CRZone 5c:Special Permit:High school in a C-1 Zone 51 Plan:Auto Repair in Commercial Zones •„ "° "F ' 6a:Public Hearing:Location ofacellulartower 6b:Public Hearing:Location of an auto sales dealership 6c:Public Hearing:Location of a.Water Intake Facility 6d:Public Hearing:Rezone from RTto R-1 I6e:Public Hearing:Rezone:R-3 Density Limit 6f.Public Hearing:Building Heights for Detached Garages 7:.other Business p�r/^�J �] f�,,[y 9:Adlournment PEGCentralu,I 0G 71'4}.,^['11/1 • - , JPEGCe4aI8,A3.g2.g2 ��� �x.Irac.all��9nisr •ad. ;Subscribe toRSSfeed