CITY OF FIRCREST PLANNING COMMISSION RESOLUTION NO. 15-06 Case No. 15-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF FIRCREST, WASHINGTON, RECOMMENDING ADOPTION OF AMENDMENTS TO TITLE 22 LAND DEVELOPMENT PERTAINING TO ESTABLISHMENTS SERVING LIQUOR FOR ON PREMISES CONSUMPTION WHEREAS, Proposition 1 has qualified for a Special Election on November 3, 2015; and WHEREAS, a vote in favor of Proposition 1 would allow the sale of liquor for on premises consumption in licensed restaurants, private clubs, and Sport entertainment facilities in areas of the City of Fircrest that currently prohibit the sale of liquor for on-site consumption; and WHEREAS, if Proposition 1 passes, it will be in the public interest for the City to adopt amendments to the zoning code to govern uses permitted by the vote; and WHEREAS, a public hearing was conducted by the Planning Commission on October 6, 2015 to consider public testimony and comment on proposed amended regulations that would govern uses permitted by Proposition 1; and WHEREAS, after consideration of public testimony, the Planning Commission voted to recommend approval of amendments that would modify the types of uses permitted and prohibited in the NC District and that would establish performance standards for establishments serving liquor for on premises consumption; and WHEREAS, the Planning Commission has adopted the following findings in support of approval of the proposed development regulation amendments in consideration of the factors listed in Section 22.78.004 FMC, prior to final action: 1. The proposed code amendments will be consistent with the goals, objectives and policies of the comprehensive plan in that they will support economic development by expanding opportunities for restaurants that may serve beer and wine, or spirits, beer and wine, for on premises consumption in a manner that protects residential properties from unacceptable impacts associated with such businesses. 2. The proposed amendments will promote, rather than detract from, the public health, safety, morals and general welfare. As amended, the proposed code amendments will support expanded commercial and mixed use development opportunities that may include restaurants that serve beer and wine, or spirits, beer and wine, for on premises consumption. Pr0posed limitations on the types of establishments that would be allowed to serve liquor in this manner in the NC zone will minimize potential impacts on nearby residential properties and their residents. Likewise, preposed performance standards applicable to these uses will help promote the public health, safety, morals and general welfare. THEREFORE BE IT RESOLVED that the Planning Commission of the City of Fircrest hereby recommends to the City Council that it: Page 1 of 3 ?owith Amend FMC 22.46.002 Neighborhood Commercial to read as follows: 22.46.002 Permitted uses. Uses permitted subject to site plan approval in accordance with Chapter 22.72 FMC and administrative design review approval in accordance with Chapter 22.66 FMC: Retail sales store including, but not limited to: the sale or rental of the following items: antiques, appliances (small), art and art supplies, bicycles, books, clothing, fabrics, flowers, gifts, groceries, hardware, hobby and craft supplies, home furnishings, lawn and garden equipment and supplies, paint and wallpaper, music, pets, pharmaceuticals, photography supplies and processing, sporting goods, stationary, and videos. Commercial service including, but not limited to: beauty and hair care, consulting, copying, fitness/health studios, laundry and cleaning (self-service), locksmithing, office equipment repair, optical, paging, pet grooming, post office or postal substation, studio photography, real estate sales, shoe repair, tailoring, telecommunication sales, and travel agency service. Food-serving establishment including, but not limited to: bakery, cafeteria, coffee shop, confectionery, delicatessen, espresso stand, ice cream or yogurt shop, restaurant and other sit-down, self-service or take-out establishments. See FMC 22.58.026 for standards regulating restaurants licensed by the Washington State Liquor and Cannabis Board to sell beer and wine, or spirits, beer and wine, for on premises consumption. (ol) Commercial office serving primarily a local clientele including, but not limited to: medical, dental, optometric, business and professional office. Culturally-enriching use including, but not limited to: art gallery, dance studio, library, museum, live theater venue and senior center. Residential dwelling units, including family group homes and adult family homes, located above the ground floor of a commercial establishment, not to exceed a maximum density of six units per gross acre of site area. (9) Necessary public or quasi-public utility building, structure or equipment, unstaffed and less than or equal to 500 square feet in gross floor area (subject to compliance with landscape standards in Chapter 22.62 FMC). Excludes substation. 2. Amend FMC 22.46.00? to read as follows: 22.46.007 Prohibited uses. The following uses are prohibited: Drive-up or drive-through facility. Off?street parking facility which provides greater than 120 percent of the minimum required number of parking stalls specified in FMC 22.60.003. (0) Tavern, night club, sports entertainment facility or lounge as defined by the Washington State Liquor and Cannabis Board. Adult entertainment establishment. Second?hand store, other than antique store. Delivery service, unless the place of business is located abutting a street classified as a principal arterial in the Fircrest comprehensive plan. Page 2 of 3 Amend FMC 22.58 by adding a new section to read as follows: FMC 22.58.026 Establishments serving liquor for on premises consumption Establishments licensed by the State of Washington Liquor and Cannabis Board to serve beer and wine, or spirits, beer and wine, for on premises consumption are permitted only in specified zoning districts. The following performance standards, at a minimum, shall apply to establishments serving beer and wine, or Spirits. beer and wine, for on premises consumption, within the NC Zone: 1. Bottles and other refuse and recyclable materials shall not be deposited in any exterior refuse or recycling totes, dumpsters or other receptacles during the hours of 9:00 pm to 7:00 am. The outdoor sale, service and consumption of alcohol is prohibited. The sale, service, and consumption of alcohol is prohibited after 10:00 pm. pm MOVED AND ADOPTED by the Planning Commission of the City of Fircrest on the 6th day of October 2015, by the following vote: YES: (5) McVay, Foss, Patjens, Halgren, Michaelsen NOES: (0) ABSENT: (0) ABSTAIN: (0) APPROVED: '1 ?mi 792% Kare PatjeniF/ Chai Fircres lanning mission 00F 2004 J?ff 8066', Principal Planner Date Page 3 of 3