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.
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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
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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
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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.
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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.
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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
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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
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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