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HomeMy WebLinkAbout10-17-2013 Planning Commission PacketPLANNING COMMISSION -AGENDA REGULAR MEETING 7:00P.M. October 17, 2013 I. CALL TO ORDER: II. ROLL CALL: Declaration of Quorum III. PLEDGE OF ALLEGIANCE: IV. APPROVAL OF MINUTES: September 19, 2013 v. OLD BUSINESS: VI. PUBLIC HEARINGS: VII. OTHER BUSINESS: VIII. WORKSHOP: A. Code Amendment Detached Accessory Structure Heights B. Code Amendment Snecial Permits for Auto Sales In C-1 {Retail Business} Zones IX. ADJOURNMENT: REGULAR MEETING September 19, 2013 PLANNING COMMISSION MEETING CALL TO ORDER: The meeting was called to order at 7:00pm by Chairman Cruz. POSITION MEMBERS PRESENT MEMBERS ABSENT No. 1 No.2 No. 3 No.4 No .5 No.6 No.7 No.8 No.9 Tim Hoekstra Tony Bachart Alecia Greenaway Joe Cruz Loren Polk Zahra Khan Jana Kempf Paul Hilliard APPEARANCE OF FAIRNESS: Andy Anderson Chairman Cruz read a statement about the appearance of fairness for h earings on land use matters. Chairman Cruz asked if any Commission member had anything to declare. There were no declarations. Chairman Cruz then asked the audience if there were any objections based on a conflict of interest or a ppearance of fairness question regarding the items to b e discussed this evening. There were no objections. ADMINISTERING THE OATH: Chairman ·cruz explained that state law requires testimony in quasi-judicial hearings such as held b y the Planning Commission be given under oath or affirmation. Chairman Cruz swore in all those desiring to speak. APPROVAL OF MINUTES: Commissioner Khan moved, seconded by Commissioner Ke mpf, t hat the minutes date d August 1 5, 2013 be approved as maile d. The m otion passed unanimously. OLD BUSINESS: A. Rezone Rezone from C-3 (General Business) to R-3 {Medium Density Residential) {NICO Investments LLC) {MF# Z2013-004) Chairman Cruz read the m aster file number and ask ed for comments from staff. -1 - Rick White, Community & Economic Development Director, stated that there were no additional comments to add since the previous meeting. Commissioner Hilliard moved, seconded by Commissioner Khan, to adopt the findings of fact and conclusions therefrom as contained in the September 19, 2013 staff report. The motion passed unanimously. Commissioner Hilliard moved, seconded by Commissioner Khan, based on the findings of fact and conclusions as adopted the Planning Commission recommend that City Council approve the rezone from C-3 to R-3 for Lots 13-17, Block 5, NP Plat. The motion passed unanimously. PUBLIC HEARINGS: A. Special Permit Farming Operations in an RT (Residential Transition) Zone (Washington Dept. of Natural Resources) (MF# SP 2013-013) (CONTINUED FROM AUGUST 15, 2013 MEETING) Chairman Cruz read the master fil e number and asked for comments from staff. Rick White, Community & Economic Development Director, discussed the special permit application for farming operations in an RT (Residential Transition) Zone. Since the previous meeting, a few changes had been m ade and one condition added to the approval conditions, including; The applicant shall submit a copy of the applicable Resource Management Plan prior to beginning farming operations on the site, Prior to beginning farming operations on the site, the applicant must submit 24-hour contact information where complaints can be submitted and prior to July 1, 2015 staff will review with the Planning Commission the status of the special permit in relation to the DNR budgetary disposal directive. Commissioner Hilliard asked if the condition added regarding the review of t he special permit in relation to the DNR budgetary disposal directive was a staff responsibility to bring back to the Planning Commission. Mr. White responded that it was a staff responsibility. The public hearing was opened and closed without public comment. Commissioner Khan moved, seconded by Commissioner Greenaway, to a dopt the findings of fact and conclusions therefrom as contained in the September 19, 2013 staff report. The motion passed unanimously. Commissioner Khan moved, seconded by Commissioner Greenaway, based on the findings of fact and conclusions as adopte d the Planning Commission recommend -2- the City Council grant a special permit to allow farming operations on that portion of parcel # 117-510-016 lying south of the FCID irrigation canal. The motion passed unanimously. WORKSHOP: A. Code Amendment Detached Accessory Structure Heights (MF# CA2013-003) Chairman Cruz read the master file number and asked for comments from staff. Rick White, Community & Economic Development Director, explained that at the last Planning Commission Meeting, the Commissioner's concurred with a height increase for accessory structures in the R-S-1 through R-4 zoning districts through the special permit process. Concurrence was also reach on permitting accessory structures to be taller than the height of the home through the special permit process some cases circumstances. Mr. White reviewed the three options presented in the staff memo for the benefit of the Planning Commission. Commissioner Hilliard stated that he was in favor of option 2. Commissioner Khan stated that she was in favor of option 2. Commissioner Greenaway stated that she was in favor of option 2. Commissioner Polk stated that she was in favor of option1 and wanted to know what the parameters and criteria for the special permit would be if option 2 or 3 were passed. Chairman Cruz stated that the special permit parameters would be created at a later time. He was in favor of option 2. Chairman Kempf stated that she was in favor of option 3 for the reason that 15' seemed to be a reasonable height for an accessory structure, especially in the smaller zoning districts. She stated that many lots don't have room for these structures. Chairman Cruz reminded the Commission that in some smaller zones there are some properties that have much larger than the minimum lot size and the special permit process would allow those property owners to build larger accessory structures that would not be too dominate in the neighborhood. The smaller lots would most likely not make it through the special permit process. Commissioner Hoekstra stated that he was in favor of option 2. Commissioner Bachart stated that he was in favor of option 2. Commissioner Polk stated that she would like the option of increasing t he -3- accessory structure heights in order to enclose RV's and boats as they would look better hidden than parked out in the open. Commissioner Kempf stated that increasing the height of the accessory structures may dominate neighborhoods with small lot sizes and she didn't feel that taller accessory structures would fit. Chairman Cruz stated that the special permit process would have conditions to make sure small lot sizes aren't allowed very tall accessory structures. Commissioner Polk asked staff if they could explain the parameters for special permits and what could be included as conditions. Mr. White stated that criteria is already contained in the Pasco Municipal Code to consider the impact of accessory structures on the vicinity and any impacts that might be adverse to the community. In this case the staff would be looking at issues such as the style of the accessory structures, setbacks and possibly even location on the lot where the accessory structure. Commissioner Polk asked how the setback distance 1s determined and t he acreage. Mr. White responded that it would most likely be an arbitrary number looking at several factors and examples. Commissioner Hilliard stated given the low number of request for taller structures staff should be given the allowance for the special permit process for special lots. Chairman Cruz stated that he liked the idea of the accessory structure being of consistent look and material of the house to blend in and the idea of windows, he stated that increased setbacks would be good. Commissioner Khan suggested the minimum lot square footage to be added as a condition in the special permit process. Commissioner Polk suggested that additional accessory structures be included with lot coverage since there are some lots that have multiple accessory structures covering almost the whole lot. Commissioner Hoekstra asked staff if lot coverage includes all accessory structures. David McDonald, City Planne r, responded that the square footage for lot coverage includes every structure on the property, including patio covers. Commissioner Hoekstra suggested considering the space on the sides of the home to access the backyard. Some lots have a large backyard but not enough space on the sides to access the accessory structure in the back. Mr. McDonald stated that the City has seen cases were the re isn't enough room between the house and the side lot but people build the shop anyway. Mr. -4 - McDonald also referenced lot coverage again and stated that the lot coverage cannot exceed 40%. With no further discussion this item will come back to the next Planning Commission Meeting. B. Code Amendment Special Permits for Auto Sales in C-1 (Retail Business) Zones (MF# CA20 13-006) Chairman Cruz read the master file number and asked for comments from staff. David McDonald, City Planner, discussed a possible code amendment for auto sales in C-1 (Retail Business) Zones. Earlier this year the Planning Commission held a public hearing for a used car lot proposed for a C-1 Zone on Burden Boulevard. During the hearing an individual provided testimony suggesting that there may have been an unintended flaw in the code that would allow someone to develop a used car lot in new developing areas of the community. The City Council asked the Planning Commission to review the cod e and consider developing a code amendment to address the concern about permitting auto sales lots under Special Permits in developing areas of the city. It was explained the current code was adopted in 1981, designed to address a specific concern in the community related to the reuse of old gas stations. Most of those gas stations have been repurposed into different uses and the re doesn't seem to be a need to address the vacant service station problem in new areas, such as around Road 68. Mr. McDonald briefly discussed a few options for the Planning Commission to consider. One option would be to eliminate auto sales altogether in C-1 Zoning Districts eliminating the special permit approval process. Another option would b e to modify the code somewhat to allow auto sales in C-1 Zoning Districts only in certain areas of Pasco. Some examples were discussed. Commissioner Bachart stated that he hesitates to complete ly e liminate the option for auto sales in C-1 Zoning Districts as it could benefit many vacant properties. Commissioner Kempf asked if there was a way to condition special permits that would apply to pre-existing abandoned structures, that they can't construct a new building on an empty lot. Mr. McDonald responded that prov1s10ns could be a dded to the special permit process; however, there have b een cases where empty lots have been utilized for a uto sales lot with some success. Commissioner Polk added to Commissioner Kempf's suggestion and stated that she would like to define "under-utilized spaces" or "underdeveloped". This would then include those properties with or without a building. Chairman Cruz agreed with Commissioner Polk and in the case of the request for the auto sales lot on Burden Road, it was not an unde rdeve loped area. -5 - Commissioner Hilliard liked the term staff used, "repurposed". Commissioner Kempf would like to see the term "under-utilized" defined m the code. Chairman Cruz asked if there was a definition of under-utilized anywhere for the Planning Commission to use. Mr. McDonald stated there was not one in the code. Chairman Cruz asked the Commission if they wished to draw a geographic line of under-developed or under-utilized. Commissioner Hilliard wanted to keep the special permit process and maybe at this time not be too specific to see how the City evolves. Chairman Cruz responded that some decisions need to be made to move forward. Chairman Bachart asked if the code only applied to outdoor auto sales. He was not sure it would be a good idea, but there are indoor auto sales. Chairman Cruz gave a hypothetical scenario that if Lowe 's on Road 68 went out of business, would the Planning Commission entertain the idea of indoor auto sales at the location. It would not be ideal. Commissioner Hilliard answered that this comes back to t he idea of a special permit so that the applicant can come forward and community members can participate. Commissioner Polk responded in going back to drawing a geographical line as to where auto sales could locate in under-utilized areas to be careful and to not let the area become overtaken with auto sales. Commissioner Polk suggested that there should be a condition stating that there can only be so many auto sale lots within a certain distance of each other. Mr. McDonald replied that there is currently a provision in the code prohibit ing lots from being 300 feet from each other. Chairman Cruz briefly summed up the discussion from the Planning Commission members. Mr. McDonald stated that staff now has direction and will come back at the next Planning Commission Meeting for another workshop. Commissioner Hoekstra asked if there s hould be an e ffort in the special permit process to do something else to help deve lop an under-utilized area rather than an auto sales lot. Commissioner Hoekstra stat e d that a lot may need to b e vacant for a specific -6- amount of time to allow for other development first. Chairman Cruz responded that he wouldn't know how that would be written into a code amendment. Commissioner Hoekstra asked if the length of time the property was left vacant could be added to the conditions. Mr. White answered that at this time he does not know how towrite that but it could be looked at in defining "under-utilized". COMMENTS: With no further discussion or business, the Planning Commission was adjourned at 7:42p.m. Respectfully submitted, Dave McDonald, City Planner -7- MEMORANDUM DATE: October 17, 2013 TO: Planning Commission FROM: Shane O'Neill, Planner I SUBJECT: Accessory Structure Heights (MF# CA2013-003) Based on the Planning Commission's discussion during the September 19 workshop, staff has developed proposed language to amend the zoning code accordingly. The proposed ame ndments most closely match Option #2 from the supplemental chart attached to September's memorandum, with the additional qualifier of a minimum lot size. The chart below can be used to summarize the current proposal to allow increased accessory structure heights in the RS-1, R-1, R-2, R-3 and R-4 zones. RS-1 R -1 R-2 R-3 R-4 Offer special permit Offer special permit Offer special permit Offer special permit Offer special permit for detached shops for detached shops for detached shops for detached shops for detached shops and garages over 18 and garages over 18 and garages over 15 and garages over 15 and garages over 15 feet in height on lots feet in height on lots feet in h e ight on lots feet in height on lots feet in height on lots over 12,000 square over 12,000 square over 12,000 square over 12,000 square over 12,000 square feet in area feet in area feet in area feet in area feet in area Also, inserted below for reference is current code language from PMC 25.86.065 which outlines the required supplemental findings of fact by Planning Commission for shops/ garages. This section is referenced as part of the amendments to each zoning district. 25.86.065 SUPPLEMENTAL FINDINGS OF FACT AND CONCLUSIONS BY PLANNING COMMISSION FOR SHOPS/ GARAGES. In addition to making and entering conclusions from the record for special permits based on the criteria in 25.86.060 the Planning Commission shall consider the following for special permits dealing with increased heights for detached shops and garages: (1) Will the shop/ garage match the principle structure in design and exterior treatments such as roofing materials, siding, color, window and door openings, eave overhangs, fenestrations and other architectural features; (2) Will the existing topography and elevation of the site and surrounding property exacerbate or attenuate the height of the proposed shop/ garage; (3) Will the proposal include landscaping features or berms to ameliorate the height of the shop/ garage; (4) Will the shop/ garage be erected on the property utilizing minimum setbacks; (5) Is the site larger than the minimum lot size requirement for the zoning district. ORDINANCE NO. AN ORDINANCE relating to zoning and amending PMC Title 25 dealing with the height of shops and detached garages in R-S-1, R-1 , R-2, R-3 and R-4 Districts. WHEREAS, cities have the responsibility to regulate and control the physical development within their borders and ensure the public health, safety and welfare are maintained; and , WHEREAS, the City of Pasco has zoning regulations that encourage orderly growth and development of the City; and, WHEREAS, from time to time , the City Council causes the zoning regulations to be reviewed to ensure they fulfill their intended purposes; and, WHEREAS, the City Council has determined that to further the purposes of maintaining the public health, safety and general welfare community, it is necessary to amend PMC Title 25 ; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That Section 25.26.030 of the Pasco Municipal Code be and the same is hereby amended to read as follows : 25 .26.030 PERMITTED ACCESSORY USES . The following uses shall be permitted as accessory to a permitted use in the R-S-1 suburban district: (1) Detached residential garages as defined in Section 25.12.200, provided they do not exceed 15 feet in height and 1,000 square feet in area; except on lots that are 12,000 square feet or more the height may be increased by 3 feet and the area may increase by 200 square feet~. On lots over 12,000 square feet in area detached residential garages in excess of 18 feet in height may be permitted by special permit based upon the review criteria listed in Sections 25.86.060 and 25.86.065; (2) Home occupations as defined in Section 25.12.220; (3) Storage buildings cumulatively not exceeding 200 square feet of gross floor area and fifteen feet in height; provided no container storage, as defined in Section 25.12.430, will be permitted; (4) Agricultural uses (limited), as defined in Section 25.12 .040, except that the keeping of animals shall be permitted on parcels consisting of ten thousand (1 0 ,000) square feet over and above an area equal in size to 12 ,000 square feet set aside for the dwelling on th e parcel; (5) One animal unit (as defined in Section 25 .12 .065) shall be allowed for each full ten thousand square foot increment of land over and above an area equal in size to 12,000 square feet set aside for the dwelling on the same parcel , provided that all barns, barnyards, chicken houses , or corrals shall be located not less than twenty-five feet from a public roadway and not less than ten feet from any adjoining or abutting property held under separate ownership, and provided said number of chickens, fowl or rabbits does not exceed 2 animal units; ( 6) The keeping of dogs an d cats, provided such number of animals does not exceed three dogs and three cats; (7) Family day care home in conformance with WAC 388-73 as now existing and as amended and Chapter 25 .66; Page 1 of4 (8) Accessory dwellings; (9) Family home preschool in conformance with PMC Chapter 25.66; (1 0) For lots with a minimum of 5,000 square feet but less than 22,000 square feet and containing only one single-family dwelling unit, the keeping of dogs, cats, rabbits, and chicken hens, provided such number of animals does not exceed three dogs, and/or three cats, and/or three rabbits and/or three chicken hens, the total number of animals not to exceed six; in all cases, animals shall not be allowed to roam or fly to other properties; roosters are not allowed. Structures related to rabbits and/or chicken hens, such as rabbit hutches and/or chicken coops, must be at least ten (1 0) feet from any property line, may not exceed six (6) feet in height and thirty (30) square feet in size, and must be located behind the rear line of the dwelling. Rabbit hutches and/or chicken coops adjacent an alley may be placed within five (5) feet of the alley line provided there are no openings in the wall parallel to the alley. Property owners shall not allow such structures to become a nuisance due to noise or odor. Section 2. That Section 25.28.030 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.28.030 PERMITTED ACCESSORY USES. The following uses shall be permitted as accessory to a permitted use in the R -1 low density residential district: (1) Detached residential garages as defined in Section 25.12.200, provided they do not exceed 15 feet in height and 1,000 square feet in area; except on lots that are 12,000 square feet or more the height may be increased by 3 feet and the area may incre ase by 200 square feet;-. On lots over 12,000 square feet in area detached residential garages in excess of 18 feet in height may be permitted by special permit based upon the review criteria listed in Sections 25.86 .060 and 25.86.065; (2) Home occupations, as defined by Section 25.12.220; (3) Storage buildings cumulatively not exceeding two hundred square feet of gross floor area and fifteen feet in height; provided no container storage, as defined in Section 25.12.430, shall be permitted; ( 4) The renting of rooms for lodging purposes only; provided, however, such accommodations shall not exceed two persons in a single-family dwelling. One off-street parking space, per roomer, must be provided in addition to the requirement set forth under Section 25. 78.170(5); (5) The keeping of dogs and cats, provided such number of animals does not exceed three dogs and three cats; (6) Family day care homes in conformance with WAC 388-73 as now existing and as amended and Chapter 25.66; (7) Accessory Dwellings; (8) On lots with a minimum of 5,000 square feet and containing only one single-family dwelling unit, the keeping of dogs, cats, rabbits, and chicken hens, provided such number of animals does not exceed three dogs, and/or three cats, and/or three rabbits and/or three chicken hens, the total number of animals not to exceed six; in all cases, animals shall not be allowed to roam or fly to other properties; roosters are not allowed; and (9) Family home preschool in conformance with PMC Chapter 25.66. Page 2 of 4 Section 3. That Section 25.34.030 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.34.030 PERMITTED ACCESSORY USES. The following uses shall be permitted as accessory to a permitted use in the R-2 di strict: ( 1) Detached single family residential garages, as defined in Section 25 .12.200, provided they do not exceed fifteen feet in height and 1,000 square feet in areat. On lots over 12,000 square feet in area detached residential garages in excess of 15 feet in height may be permitted by special permit based upon the review criteria listed in Sections 25.86.060 and 25.86.065; (2) Home occup ations as defined by Section 25.12.220; (3) Storage buildings cumulatively not exceeding two hundred square feet of gross floor area and fifteen feet in height; provided no container storage, as defined in Section 25.12.430, shall be permitted; ( 4) The keeping of dogs and cat s provided such number of animals does not exceed three dogs and three cats ; (5) Family day care homes in conformance with WAC 388-73 as now existing and as amended and Chapter 25.66; (6) The renting of rooms for lodging purposes only; provided, however, such accommodations shall not exceed two persons in a single family dwelling. One off-street parking space per roomer must be provided in addition to the requirement set forth under Section 25.78.170(5); (7) Family home preschool in conformance with PMC Chapter 25.66; (8) Accessory dwellings in single family homes; and (9) On lots with a minimum of 5,000 square feet and containing only one single-family dwelling unit, the keeping of up to three rabbits or three chicken hens for personal use, provided the total number of animals (including dogs, cats, rabbits, and chicken hens) does not exceed six; in all cases, animals shall not be allowed to roam or fly to other properties; roosters are not allowed. Section 4. That Section 25.36.030 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25 .36.030 PERMITTED ACCESSORY USES . The following u ses sha ll be permitted as accessory to a p ermitted u sed in the R-3 district: (1) Detached sing le family residential garages, as defined in Section 25.12.200, provided they do not exceed fifteen feet in height and 1,000 square feet in areat . On lots over 12,000 square feet in area detached residential garages in excess of 15 feet in height may be permitted by special permit based upon the review criteria listed in Sections 25 .86.060 and 25.86.065; (2) Home occupations as defmed b y Section 25.12.220; (3) Storage buildings cumulative ly not exceeding two hundred square feet of gross floo r area and fifteen feet in height; provided no container storage, as defined in Section 25.12.430, shall be permitted; (4) The keeping of dogs and cats, provided such number of animals does not exceed three dogs and three cats; (5) Family day care homes in conformance with WAC 388-73 as now existing and as amended and Chapter 25.66; Page 3 of4 (6) The renting of rooms for lodging purposes only, provided such accommodations shall not exceed two persons in a single-family dwelling. One off-street parking space per roomer must be provided in-addition to the requirement set forth under Section 25.78.170(5); (7) Family home preschool in conformance with PMC Chapter 25.66; (8) Accessory dwellings in single family homes; and (9) On lots with a minimum of 5,000 square feet and containing only one single-family dwelling unit, the keeping of up to three rabbits or three chicken hens for personal use, provided the total number of animals (including dogs, cats, rabbits, and chicken hens) does not exceed six; in all cases, animals shall not be allowed to roam or fly to other properties; roosters are not allowed. Section 5. That Section 25.38.030 of the Pasco Municipal Code be and the same is hereby amended to read as follows: 25.38.030 PERMITTED ACCESSORY USES. The following uses shall be permitted as accessory to a permitted use in the R-4 district: (1) Detached single family residential garages, as defined in Section 25.12.200, provided they do not exceed fifteen feet in height and 1,000 square feet in areat. On lots over 12,000 square feet in area detached residential garages in excess of 15 feet in height may be permitted by special permit based upon the review criteria listed in Sections 25 .8 6.060 and 25.86.065; (2) Home occupations as defined by Section 25.12.220; (3) Storage buildings cumulatively not exceeding two hundred square feet of gross floor area and fifteen feet in height; prov ided no container storage, as defmed in Section 25.12.430, shall be permitted; ( 4) The keeping of dogs and cats, provided such number of animals does not exceed three dogs and three cats; (5) Family day care homes in conformance with WAC 388-73 as now existing and as amended and Chapter 25.66; (6) The renting of rooms for lodging purposes only, provided such accommodations shall not exceed two persons in a single-family dwelling . One off-street parking space per roomer must be provided in addition to the requirements set forth under Section 25.78.170(5); (7) Family home preschool in conformance with PMC Chapter 25.66; (8) Accessory dwellings in single family homes; and (9) On lots with a minimum of 5,000 square feet and containing only one single-family dwelling unit, the keeping of up to three rabbits or three chicken hens for personal use, provided the total number of animals (including dogs, cats, rabbits, and chicken hens) does not exceed six; in all cases, animals shall not be allowed to roam or fly to other properties; roosters are not allowed. Page 4 of 4 MEMORANDUM DATE: October 17, 2013 TO: Planning Commission FROM: Dave McDonald, City Planner SUBJECT: Auto Sales in C-1 Zones (MF# CA2013-006) At the last regular meeting the Planning Commission held a workshop to discuss the need to modify the special permit provisions related to the location of auto sales lots in C-1 areas of the city. The City Council had earlier asked the Commission to review the matter in light of the recent hearing for the Warner Auto Sales lot proposed for the 6300 block of Burden Boulevard. It was explained last month that the special permit provisions for auto sales in the C-1 zone were added to the code in the early 1980's. It was about the time when 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 were located on the corner of two busy arterial streets; in the central core of the community. In an effort to assist with t he reuse of the old gas stations the zoning code was amended with narrow locational requirements to ensure only the old service stations would qualify for a special permit. The qualifying requirements are listed in PMC 25.42 .040(2) as follows: (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. The community has changed considerably since 1981. Many of the old service stations have been replaced with new buildings or have been transitioned to uses other than auto sales. The need for the 1981 code provision is now significantly diminished. The community problem (vacant service station properties) addressed by the code no longer exists. Another change that has occurred in the City since 1981 is the addition of several hundred acres of land to the C-1 inventory. The developing C-1 properties around Road 68 and Road 100 were never intended to be developed with auto sales lots. There are no vacant service stations in need of redevelopment in the I-182 area. Vacant commercial land in this area is still in the process of being developed. Much of the Planning Commission's discussion on this issue centered on encouraging the use of under-utilized properties for auto sales lots in the C -1 zone and limiting special permits to areas that have been skipped over by development. On the other h and there was some minor interest in providing standards to permit "quality" auto sales facilities in some of the developing areas of the community. Staff was asked to prepare a definition of the term "under-utili zed" and prepare code language that would allow under-utilized properties within geographic areas to qualify for special permit applications. Staff was also encouraged to provide language that ensur es areas that permitted aut o sales would not become overrun with used car sales lot. The attached proposed code amendment modifies the current code b y limiting special permit applications for new and used cars to under-utilized properties located east of Highway 395. The spatial requirement separating proposed car lots by 300 feet was retained to prevent the over concentration of sales lots in one area. In addition staff has included some standards, for discussion purposes , that would a llow "new auto dealerships" to apply for special permits in the vicinity of Road 68 and Road 100. 2 C-1 Code Amendment 25.42.040 PERMITIED CONDITIONAL USES. The following uses are permitted subject to the approval of a special permit: (1) Dwelling units, provided the units are within the principal building, are all above the ground floor of said building, and the ground floor of said building is designed or intended to be used for a use permitted in Section 25.42.010. However, a building originally constructed on-site for residential purposes may be utilized as a dwelling unit without a special permit provided: (a) The structure does not have to be reconstructed, altered or converted from an office/commercial use such that the cost of the alteration exceeds 25°/o of the assessed value of the structure at the time of the alteration. (2) Retail automobile sales, including rental or lease, provided the property is: (a) Located east of Highway 395 and is; (i) "Under-utilized property" as defined in 25 .12: Eat--(ii) Adjacent the intersection of two arterial streets, or (b) (iii) Adjacent a single arterial street; provided it is not adjacent to or across a public street right-of-way from a residential dis trict, not be located closer than 300 feet to any existing car lot; lli} Not located closer than 300 feet to any existing car lot. (b) Located west of Highway 395 and north of I-182 provided any point of the property is within 1,600 of the I-182 WSDOT right-of-way for a distance of 2,500 feet east and west of the center line of Road 68 and Road 100/Broadmoor Boulevard and is: (i) A new auto dealership (ii) "Under-utilized property " as defined in 25.12: (iii) Not adjacent to a residential district, but may be across a public right-way from a residential district provided said right-of-way is a collector or arterial street and provide a 15 foot landscaped buffer is provided along the right-of-way following the standards in 25.75 .040 (5) lli} Not located closer than 300 feet to any existing car lot. (3) Parking lots; 25.12.462 UNDER-UTILIZED PROPER1Y "Under-utilized property" means vacant land or land with one or more vacant buildings which have been vacant for the past 10 consecutive years. 25 .12 .0 87 AUTO DEALERSHIP NEW "New Auto Dealershi p" means a business that is franchised or sanctioned through a dealership contract with an automaker or its sales subsidiary (eg . Ford, Chrysler, Honda, BMW etc.) to sell new vehicles at the retail level. Said dealership must include an on-site building greater than 8,000 square feet, with offices, a showroom, a parts department, service bays and indoo r maintenance facilities. Vicinity Map Item: Auto Sales Code Amendment File #: CA20 13-006 Vicinity Map Item: Auto Sales Code Amendment File#: CA2013-006 Sandifur Parkway