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Home My WebLink About3014 OrdinanceFelice, Mayor APPR ubstello, City Attorney ORDINANCE NO 30 AN ORDINANCE relating to zoning amending Section 22 42 025 of the Pasco Municipal Code dealing with car lots as a conditional use within a C-1 District THE CITY COUNCIL OF THE CITY OF PASCO DOES ORDAIN AS FOLLOWS Section 1. That subsection 22 42 025 (2) of the Pasco Municipal Code is hereby amended to read as follows PMC 22.42025 (2) retail automobile sales, including rental or lease, provided the property is (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 Section 2. This ordinance shall be effective after its passage and publication as required by law PASSED this ?kJ day of 67276,--/- , 1994 by the City Council and signed by the Mayor ATTEST at4 ne Sea, Deputy City Clerk 4, lirlasdi. irpc FrIrtoF4-11N7fi. PASC FINANCE DEPARTMENT (509) 545-3401 / Scan 726-3401 / Fax (509) 545-3403 P 0 BOX 293, 412 WEST CLARK, PASCO, WASHINGTON 99301 „,ffiliiilli111111111111Poolliii May 4, 1994 Tn-City Herald P0 Box 2608 Pasco, Wa 99302 Dear Kathy Please publish the attached Summary of Ordinance(s) No 3013-3016 on the following date May 8, 1994 Please send two (2) Affidavits of Publication for each Thank you, L.,‘A.405r2 Cathenne D Seaman Deputy City Clerk 545-3402 cds * No attachments or maps included e\10, P 0 BOX 2608 PASCO WASHINGTON 99302 2608 I LEM& ADVE070000 INVOICE SOLD TO FASCO, CITY OF LEGALS P.O. BOX 297 F ASCO WA 99701 PHONE (509) 582 1500 SUBSCRIBED AND SWORN BEFORE ME THIS /2_i Picui DAY OF 7-- 7651 t<6 COMMISSION EXPIRES Nota public in and for the State of Wash- ington, residing at PASL 0 WA 0c-1/00/.94 AO V) DATE LEGAL NO — ACCOUNT NO 5(Y-.15O DESCRIPTION 82 ORDINANCE NO. :014 A TIMES ( )(-}1 INCHES 4 °(-1(-) 707AL 41 42.68 RIOTOCIE This is an invoice for legal advertising space Please pay from this invoice as no statement will be rendered Please detach at perforation and return with payment AFFODAY117 PUDE,BCAY1100 COUNTY OF BENTON S S STATE OF WASHINGTON , being duly sworn, deposes and says, I am the Legal Clerk of the Tr-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publication hereinafter referred to, published countinually as a daily newspa- per in Benton County, Washington That the attached is a true copy of a 872 ORDINANCE NO, 7014 A as it was printed in the regular and entire issue of the Tri-City Herald itself and not in a supplement thereof, I time(s), oc1/00/q 41 commencing on - , and ending on c_11/08/94 , and that said newspaper was regulary distributed to its subscribers during all of this period C ARLA ALFORD 01 ,INANC>N0 3014 AN CrIDINANCE relating to zoning amending Section 22 42 025 of the Pasco Mu- nicipal Code dealing with car lots as a conditional use with- in a C-1 Distnct THE CITY COUNCIL OF THE CITY OF PASCO DOES ORDAIN AS FOL LOWS Section 1 That subsection 22 42 025 (2) of the Pasco Municipal Code is hereby amended to read as follows PiViC 22 42025 (2) retail auto- mobile sales including rental or lease provided the proper ty is (a) adjacent the intersection of two artenal streets or (b) Adjacent a single arterial street provided it is not adja- cent to or across a public street nght-of way from a res- idential distnct and would not be located closer than 300 feet to any existing car lot Section 2 This ordinance shall be effective after its pas sage and publication as re- quired by law PASSED this 2nd day of May 1994 by the City Council and signed by the Mayor -s- Joyce DeFelice Mayor Attest s- Mary Anne Kalbe Acting Deputy City Clerk Approved As To Form s- Grie,!g Rubste.lo City Atf9mey eat/ti A 6Zrae, < TRANSACTION REPORT > 05-04-1994(WED) 08 50 C -1- FR ,ni NJ s r-i I -r- 3 NO DATE TIME DESTINATION STATION PG DURATION MODE RESULT 3379 5-04 08 39 15095821453 20 0°10 36 NORM E OK 20 0°10 36 AGENDA REPORT NO. 49 FOR: City Council DATE Apnl 28, 1994 TO: Gary Crutchfie A(‘anager WORKSHOP - REGULAR 5/2/94 -;.- t mmumty Development Director SUBJECT: CODE AMENDMENT LOCATION CRITERIA FOR AUTO SALES LOTS IN C-1 ZONES (MF#94-24-CA) I. REFERENCE(S): A Memo to Planning Commission dated 3/21/94 B Planning Commission Minutes dated 3/21/94 C Proposed Code Amendment Ordinance II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: A MOTION: I move to adopt Ordinance No , amending PMC Title 22 by altering the location criteria for auto sales lots in the C-1 zone III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. On April 21 1994, the Planning Commission conducted a public hearing to determine whether or not to recommend amendment of the C-1 Conditional Use regulations relating to the location of auto sales lots,as described in the attached report B. Following conduct of a public hearing, the Planning Commission reasoned that, it would be appropriate to recommend a change to the C-1 Conditional Use regulations relating to the location of auto sales lots V. DISCUSSION: FROM: David MEMORANDUM TO: PLANNING COMMISSION April 15, 1994 FROM: David I McDonald, Community Development Director SUBJECT: CODE AMENDMENT - CAR LOTS AS A CONDITIONAL USE IN THE C-1 (RETAIL BUSINESS) DISTRICT In 1984, the City Council directed the Planning Commission to review Title 22 of the Municipal Code (Zoning Regulations) to determine whether or not it would appropriate to permit, by special permit, car lot sales activity in C-1 districts At that time, the code was amended to allow retail auto sales activities by special permit in the C-1 district however, the property in question need to be located adjacent the intersection of two arterial streets or adjacent a single arterial street provided it was not adjacent or across a public way from a residential district Additionally, no car lot could locate closer than 300 feet from an existing car lot The car lot code amendment was developed to permit the adaptive reuse of old service stations that were located primarily on arterial streets The application of the C-1 car lot code provisions has not created any conflicting land use questions since the code was adopted ten years ago However, because of the limitations on single arterial streets, there have been a few situation where application of the code would not permit the adaptive reuse of old service stations for car sales activities Specifically, in those situations where C-1 property is across a public way from a residential zone, sales lots are not permitted This portion of the code was developed to preserve options for neighborhood retail businesses and to avoid conflicts with adjoining residential uses However, when we look at the commercial activities that are occurring in C-1 zoning districts, the viable commercial activities cater to the community as a whole, rather on a neighborhood basis Compatibility issues with adjoining residential properties is a valid concern, however, experience over the years has shown that residential properties across alleys from small car lots have been minimally impacted or have experienced less impact than when automotive repair facilities were across the alley Given the experience the community has had with small car saleon lots located on old service stations property and the lack of compatibility problems experienced in those situations where these car lots are located across alleys from residential areas and given the need to facilitate and foster economic opportunity within the community, staff would recommend that the existing C-1 regulations be amended to permit, by special permit, car lots on C-1 properties where they back up to residentially zoned areas and are separated from residential properties by an alley Staff would also recommend that the existing spacing provision of 300 feet between car lots be maintained as well as language that would prohibit the location of a car lot directly across a public street from a residential area The attached ordinance contains the recommended amendatory language MOTION: I move to recommend the City Council amend PMC Subsection 22 42 025 (2) to permit, by special permit, car sales lots across public alleys from residential districts as discussed DIM osw Page 2 PLANNING COMMISSION MINUTES The April 21, 1994 meeting of the Planning Commission was called to order at 7 00 p m, by Acting Chairman Robert Chamberlin. MEMBERS PRESENT MEMBERS ABSENT (excused) Robert Chamberlin, Acting Chairman Leonard Dietrich (out of town) James Hay June Smurthwaite Ron Mabry Ron Malachi Ray Dunn Linda Sue Williams Eileen Crawford APPROVAL OF MINUTES Acting Chairman Chamberlin and the other Commissioners welcomed Eileen Crawford to the Planning Commission Acting Chairman Chamberlin asked if there were any additions or corrections to the minutes of March 17, 1994 9 Commissioner Smurthwaite moved seconded by Commissioner Dunn that the minutes be approved as written The vote was unanimous PUBLIC HEARINGS A CODE AMENDMENT AUTO SALES LOT IN C-1 ZONE (MF #94-24-SP) Staff stated notice of the meeting had been published in the Tr-City Herald Staff explained the C-1 conditional use regulations relating to auto sales lots were developed to allow existing and phased-out service station sites to be used for auto sales lots Staff stated the original intention was auto sales lots would function as a neighborhood commercial use versus a community commercial use, but due to their nature, they are of a more community-wide service. Staff also PAGE 1 explained several of the permitted C-1 uses could create many more land uses convicts than the establishment of a car lot The proposed revision would not restrict the location of a car lot due to the presence of a residential structure across an alley from a proposed site . Action Chairman Chamberlin opened the public hearing by asking if there was anyone who wished to speak in favor of this proposed code amendment? Dwight Rogers was present to speak in favor of this proposal Mr Rogers stated that a car lot is a much better use than many of the uses permitted outright in the C-1 zoning districts He also stated that due to the way the small car lots operate the properties situated in back of these sites are not negatively impacted Acting Chairman Chamberlin asked if there was anyone else present who wished to speak in favor of this proposed code amendment? None were present Acting Chairman Chamberlin asked if there was any who wished to speak against this proposed code amendment? None were present Acting Chairman Chamberlin closed this portion of the public hearing Commissioner Mabry questioned staff as to whether or not this would exclude the requirement for a conditional use permit? Staff stated a conditional use permit would still be required, the 300 foot spacing and the arterial location requirement would still be in place, however, the limitation of the car lot not being across an alley from a residential district would be eliminated. Commissioner Crawford had questions about painting and repairs and what activities could occur at a car sales lot Staff stated auto body painting requires a conditional use permit in a C-3 zone or would require light industrial zoning and that currently major automotive repairs could occur in a C-1 zoning district PAGE 2 Commissioner Williams moved, seconded by Commissioner Hay that the Planning Commission recommend the City Council amend the C- 1 zoning district to allow auto sales lots to be located across an alley from a residential district provided the criteria of spacing, arterial location and commercial property surrounding the abutting rights-of- way is met The vote was unanimous Staff stated the appeal process for all those present B CODE AMENDMENT Large Lot Zoning District R-1 85 (MF #94-25-CA) Staff stated notice had been published in the Tr-City Herald Staff explained the proposal was to create a new single-family residential district with 8,500 square feet lots with lot coverage and setbacks similar to those in the R-1 zoning district, with the exception that one side yard must be increased ten feet to address recent concerns about access to rear yards Staff explained that currently the city had a 7,200 square foot, 10,000, 12,000 and 20,000 square foot single-family zoning districts, but did not have a zoning district with lot sizes between those experienced inside the core of the community and the Desert Plateau area The proposed 8,500 square foot lot district would be an intermediate step between the R-1 and R-1-S zoning districts Staff explained that other communities typically had several single-family zoning districts in step increments from 6,000 to 12,000-15,000 square feet Acting Chairman Chamberlin opened the public hearing by asking if there was anyone present who wished to speak in favor of this proposed code amendment? None were present Acting Chairman Chamberlin asked if there was anyone present who wished to speak against this proposal? None were present PAGE 3