SULTAN CITY COUNCIL

 

AGENDA ITEM COVER SHEET

 

ITEM NO: Action A-9

 

DATE: June 23, 2004

 

SUBJECT: Ordinance Number 852-04 Amending the Urban Center Zone to add Automobile Related Services along State Highway 2 as a Conditional Use and deleting Funeral Homes/Mortuaries as a Permitted Use.

 

CONTACT PERSON: Rick Cisar, City Planner

 

SUMMARY: The Planning Commission conducted Public Hearings on May 18, 2004 and June 1, 2004 to consider the proposed Amendments to the Urban Center Zoning District. Thereafter, the Commission on June 16, 2004 recommended Approval of Ordinance 852-04 by a 5 to 1 vote. The addition of Automobile Related Facilities in the District can only occur along Highway 2 with no vehicle access to Main Street. Uses allowed under this Amendment are Automobile Service Stations, Car Washes, Lube and Oil Facilities, Minor Auto Repair conducted inside a building, and Retail Auto Parts Sales. Developments under this Section require a Public Hearing before the Hearing Examiner with a Recommendation to City Council for Final Approval of the Development Plans.

In regards to the deletion of Funeral Homes/ Mortuaries, the Planning Commission concluded the uses are not pedestrian-oriented activities as envisioned by the Urban Center Zoning District, and therefore should be deleted.

FISCAL IMPACT: None

 

RECOMMENDED Introduction of Ordinance 852-04 on first reading and ACTION: pass onto second reading for adoption.

COUNCIL ACTION:

 

DATE:

CITY OF SULTAN

Sultan, Washington

Ordinance 852-04

AN ORDINANCE OF THE CITY OF SULTAN CITY COUNCIL AMENDING

SMC 16.12.040 URBAN CENTER ZONE BY DELETING FUNERAL HOMES/ MORTUARIES AS A PERMITTED USE, AND16.12.040 D BY ADDING RESTRICTIVE AUTOMOBILE-RELATED RETAIL TRADE FACILITIES USES AS A CONDITIONAL USE.

 

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SULTAN DO ORDAIN AS FOLLOWS:

 

Section 1: SMC 16.12.040 B. Permitted Uses, is hereby amended by deleting, 4. Personal Service Establishments, L. Funeral Homes/Mortuaries as a permitted use.

  

Section 2: SMC 16.12.040 D. is hereby amended to add a Subsection 4 to read as follows: 

1.     Restricted Automobile Related Trade Facilities.

Restricted Automobile Related Trade Facilities uses involving Retail Auto Parts Sales, Automobile Service Stations, Car Washes, Lube and Oil Service Facilities, and Minor Repair and Servicing conducted inside a building subject to all of the following restrictions, development, and performance standards: 

A.   Properties shall have frontage and direct access vehicular to State Highway No. 2. No vehicular access to Main Street shall be permitted.

B.    The use does not inflict upon the surrounding permitted land uses in the district smoke/odors (1), glare/heat (2), noise (3), vibration (4), or liquid and solid wastes (5), and water pollution detrimental to the health, welfare, or safety of the public occupying or visiting such areas.

C.    The design of buildings and related improvements shall employ design standards to support and maintain the commercial character and intent of the area.

 

Section 3: SMC 16.12.040 Table of Dimensional and Density Requirements is hereby amended to add to "Uses as a Conditional Use, Restricted Automobile Related Trade Facilities". (1) Retail Auto Parts Sales: Units/Acre--, Area 3,500 sq. ft: width 30: depth 100: front 25: Each side 0: rear 15: max. bldg. Height 30 ft; maximum lot coverage 80%. (2) Automobile Service Station/Car Washes/ Lube and Oil Service Units/Acre--, Area 5,000 sq. ft, width 05 depth, 100 front 25 total side yards 20rear 25 max. bldg height 30ft maximum lot coverage 25%. (3) Automobile Minor Repair and Service Facilities3 Units/Acre--, 5,000 sq. ft. width 50depth 100 front 25 Each Side 25 rear 25 max bldg. Height 30 Max lot coverage 25%. Footnotes also shall be added to this entry indicating the following performance standards.

1.     Air pollution shall meet the ambient air quality standards specified by the Puget Sound Air Pollution Control Agency and all air contaminants therein.

2.     All operations producing intense heat or glare shall be performed within an enclosure so as to completely obscure such operation from view from any point of the property line.

3.     The maximum noise levels as measured at property line shall be those set forth in Chapter 173-60 WAC, titled "Maximum Environmental Levels".

4.     No use shall cause earth vibration or concussions detectable without the aide of instruments beyond its property lot lines.

5.     Liquid and solid wastes shall be disposed of on a regular basis in keeping with the best operating standards of the industry and in compliance with the regulations and requirements of local, regional, state or federal agencies having jurisdiction in waste disposal and environmental health and safety.

 

Section 4: Repealer: Any and all other Ordinances or parts of Ordinances of the City of Sultan inconsistent with the provisions of this Ordinance are hereby repealed to the extent of such inconsistency.

 

Section 5: Severability: If any provisions of this Ordinance or its application to any person or circumstance are held invalid, the remainder of the Ordinance or applications of the provisions of the ordinance to other person or circumstances is not affected.

 

Section 6. Effective Date: This Ordinance shall be in full force and effective 5-(five) days after publications as required by law.

 

Regularly adopted by the Sultan City Council this ___ day of __________, 2004.

 

CITY OF SULTAN 

By

Benjamin R. Tolson, Mayor

 

Attest:

 

 

By

Laura Koenig, City Clerk

 

  

Approved as to form:

 

 

By

Thom H. Graafstra, City Attorney 

   

Published: