Title
Drive-Throughs in Mixed Use Developments Along Downtown Entry Corridors (via portions of Plum Street) Requested Code Amendment - Deliberations
Recommended Action
Move to approve a recommendation to amend OMC Chapter 18.06 drive-through requirements and forward to Council for consideration.
Report
Issue:
Whether to recommend approval of an application for text amendment to Chapter 18.06 of the Olympia Municipal Code. This application seeks to amend OMC Chapter 18.06 to allow drive-through businesses in mixed-use multifamily developments with ground floor commercial space.
Staff Contact:
Casey Schaufler, Associate Planner, Community Planning & Development, 360.753.8254
Presenter(s):
Casey Schaufler, Associate Planner, Community Planning & Development
Background and Analysis:
The City of Olympia received an application on September 29, 2023, from Thomas Architecture Studios proposing a text amendment to Chapter 18.06 of the Olympia Municipal Code (OMC). This application seeks to amend OMC Chapter 18.06 to allow drive-through businesses in mixed-use multifamily developments with ground floor commercial space. The requested change would apply only to a geographic area that is limited to properties abutting Plum Street between Union Avenue and 5th Avenue SE. Affected properties under this proposal are located entirely within the Downtown Business (DB) zoning district.
Existing OMC prohibits drive-through and drive-in uses as a primary or accessory use (exception: drive-through banks are a conditional use). Existing drive-in and drive-through restaurants permitted before January 1, 1994, are conforming uses. A "drive-in" restaurant is one where all or a significant portion of the consumption takes place or is designed to take place with the patrons remaining in their vehicles while on the premises. A "drive-through" restaurant is one which has one or more drive-through
lanes for ordering and dispensing of food and beverages to patrons remaining in their vehicles, for consumption off the premises.
The requested text amendment would allow drive-through and drive-in uses within the newly specified area as a conditional use. Additionally, the requested text amendment further specifies that new drive-through and drive-ins must be secondary to the commercial use and not be located along a lot frontage.
Planning staff within Community Planning & Development have prepared an alternative draft language that attempts to meet the intent of the applicant’s requested amendment within the framework of Olympia Municipal Code and definitions. Additionally, this alternative draft language removes “drive-ins” from consideration under this amendment. A "drive-in" restaurant is one where all or a significant portion of the consumption takes place or is designed to take place with the patrons remaining in their vehicles while on the premises. Staff has concluded that a drive-in would likely require a Comprehensive Plan amendment in addition to the text amendment.
The public hearing was conducted on January 8, 2024.
Climate Analysis:
The text amendment application is a non-project proposal that will not affect greenhouse gas emissions directly, as revisions would continue to allow development as well as critical area protections as contemplated in both the Comprehensive Plan and Olympia Municipal Code. Site specific proposals will be required to meet relevant standards in Olympia Municipal Code at the time of application. Any newly proposed drive-throughs would require additional housing units in a downtown entry corridor that is otherwise lacking housing options. Any new residential units would have access to identified public transit options and walkability to the downtown core. The area affected by the proposed amendment is predominantly office space and associated parking (predominantly asphalt parking lots). Redevelopment of properties within this area would likely reduce asphalt parking coverage and better utilize urban space for residential and mixed uses without loss of additional green spaces. Redevelopment of these properties would further be required to meet pedestrian amenity and landscaping standards to include minimum tree density.
Equity Analysis:
This proposal primarily affects those community members and corporations who own commercial properties, in some cases multiple properties. The proposed amendments are unlikely to have meaningful impact on improving issues related to equity.
Neighborhood/Community Interests (if known):
The proposal has been routed to Recognized Neighborhood Associations, adjacent jurisdictions, Tribes, state agencies, and other governmental entities. To date, few comments have been submitted. The comments received through Tuesday, January 2, 2024, are included in Attachment 2. Any additional comments received after publication of this report will be provided at the public hearing for the Commission’s consideration.
Options:
1. Recommend adoption of the draft amendments to City Council as proposed.
2. Recommend adoption of the draft amendments to City Council with revisions.
3. Recommend denial of the draft amendments to City Council.
Financial Impact:
Text code amendment applications reviews are funded through fees assessed per OMC Chapter 4.40 - Land Use Application Review Fees.
Attachments:
Attachment 1 - Application Submittals
Attachment 2 - Comments through Thursday, January 4, 2024
Attachment 3 - Staff proposed alternative text amendment language
Attachment 4 - Public Comment re SEPA DNS