Request for a Conditional Use Permit to Conduct Motor Vehicle Sales in the B-2 Business District on the Property Located at 6740 Highway 10 NW; Case of Tris Star Enterprise

On June 9, 2011, the City received a request from Tris Star Enterprise for a conditional use permit to conduct motor vehicle sales in the B-2 Business District on the property located at 6740 Highway 10 NW.

In accordance with City Code, Staff attempted to notify property owners within 350 feet of the property.

Tris Star Enterprise would like to utilize a portion of the property at 6740 Highway 10 NW for motor vehicle sales. The property is zoned B-2 Business District and in October of 2009, Ordinance #09-13 went into effect, making motor vehicle, implement, and recreation equipment sales and service a conditional use in this district. There is an existing business on the property with a similar use, but that business does not include items displayed outside for sale. Therefore, the proposed outdoor motor vehicle sales would constitute an expansion of a lawful, non-conforming use and triggers the requirement of a conditional use permit.

The proposed use would require two (2) dedicated parking spaces, based both on the square footage of office area (1 stall per every 300 square feet of office space) and the number of vehicles on display (1 stall per every 10 vehicles displayed for sale). The existing uses on the property (a mix of office and industrial space) require twenty (20) parking stalls. Based on the information included with the conditional use permit application, the applicant would utilize 300 square feet of office space and would have no more than five (5) vehicles on display at any given time. This results in the need for one (1) additional stall (the proposed use requires a total of two [2] dedicated parking stalls, but one is accounted for with the initial calculation for office space). While there is no striping on the site, it does appear that there is sufficient space to accommodate the required parking spaces.

The proposed motor vehicle sales operation includes up to three (3) employees. The hours of operation would be Monday-Wednesday from 8am to 3pm and Thursday-Saturday from 8am to 6pm. The applicant has stated that there would be no more then five (5) vehicles displayed outside for sale at any given time and that there would be no motor vehicle repairs conducted on the property.
 
The Planning Commission held a public hearing on July 7, 2011 regarding this request and there were no written or verbal comments submitted.

Both Staff and the Planning Commission recommend approving the request for a conditional use permit for motor vehicle sales contingent on the following (these have been incorporated into the proposed conditional use permit):
•There be no motor vehicle repairs conducted on the property.
•There be no outside storage of motor vehicle parts or inoperable vehicles.
•Vehicles displayed for sale do not encroach on the required off-street parking spaces.

All costs associated with the processing of this request are the responsibility of the applicant.

Motion to adopt of Findings of Fact #______ relating to a request for a conditional use permit to allow motor vehicle sales in the B-2 Business District on the property located at 6740 Highway 10 NW.

-and-

Motion to adopt of Resolution # ____ approving the conditional use permit for motor vehicle sales in the B-2 Business District, contingent on the above stated items.