Agenda - Council - 03/22/2011 - Laserfiche WebLink

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CC Regular Session Date: 03/22/2011 By: Tim Gladhill Community Development Item #: 7. 3. Information Title: Request for Waiver of Paving Requirements to Allow a Class V Parking Surface at 8110 Highway 10 NW; Case of Chad Lundquist Background: The City has received a request from Chad Lundquist for waiver to paving requirements to utilize Class V for a parking surface for motor vehicles in the B-2 Highway Business District. Notification: No notification is required for this request. Observations: City Code requires that parking and maneuvering areas for motor vehicles consist of concrete or bituminous with B6/12 curb and gutter. The purpose is primarily dust control and stormwater management, but the requirement also has an aesthetic component as well. City Code further states that 'other surfaces as approved by City Council' may be considered. It appears that the City has not granted Class V as an acceptable parking surface under current zoning standards in the B-2 Highway Business District, in which the Subject Property lies. The City Council has considered requests in the City's Employment Zoning Districts, as the uses within these districts allow for heavy equipment that can damage asphalt or concrete surfaces. The Applicant is requesting a 116' by 300' (34,800 square feet [0.80 acres]) area of two (2) inch Class V base. City Code also restricts the import/export of soil to 400 cubic yards, unless approved by an Interim Use Permit (IUP). According to a quote provided to the Applicant by Plaisted Companies, the import will be approximately 204 yards. Assuming that an equal amount will have to be removed to accommodate the new surface, total import/export would be approximately 408 yards. The proposal should be slightly revised to 400 yards or less or obtain an IUP. No additional vehicular accesses or access revisions are being proposed. City Staff needs clarification from the Applicant on the following: * Will material be exported/replaced from the Subject Property? * What erosion control measures will be put in place? * What impacts to existing drainage patterns will be experienced? In 2009, the City processed an ordinance violation for off-street parking and inoperable vehicles. At that time, a tenant in the rear of the Subject Property was operating a motor vehicle repair business, resulting in numerous inoperable vehicles parked outside in violation of City Code. The Subject Property was brought into compliance at that time. This current request is needed for additional inventory for motor vehicle sales and repair. Also in 2009, as part of the Property Owner's request for a Motor Vehicle Sales and Repair License for an additional tenant, the City reviewed a claim of lawful, non -conforming use status. In 2009, the City reclassified motor vehicle sales and repair as a conditional use, rather than a permitted use. The City found that this type of use warranted additional review and opportunity to impose reasonable conditions to protect the health, safety, and welfare of the community, but did not necessitate prohibiting the use all together. The City had been experiencing properties along Highway 10 that could not economically sustain this type of use based on parcel size and availability of off-street parking. Thus, the City was experiencing numerous off-street parking violations in order to accommodate the number of motor vehicles for sale. The City also experienced issues with aesthetics of motor