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Agenda 12/09/2010 0,‘„, S1TF1 an Vallee Y Spokane Valley Planning Commission Agenda City Hall Council Chambers, 11707 E. Sprague Ave. December 9, 2010 6:00 p.m. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. APPROVAL OF AGENDA V. APPROVAL OF MINUTES: None VI. PUBLIC COMMENT: On any subject that is not on the agenda VII. COMMISSION REPORTS VIII. ADMINISTRATIVE REPORT IX. COMMISSION BUSINESS OLD BUSINESS: NONE NEW BUSINESS: A. STUDY SESSION: CODE TEXT AMENDMENT REGARDING ADULT ENTERTAINMENT RETAIL DEFINITION. ASSOCIATE PLANNER LORI BARLOW(STUDY SESSIONS DO NOT ALLOW FOR PUBLIC COMMENT) B. PUBLIC HEARING: COMPREHENSIVE PLAN AMENDMENT(EMERGENCY) CHANGE TO THE SPRAGUE AND APPLEWAY SUBAREA PLAN. ASSISTANT PLANNER KAREN KENDALL C. ELECTION OF OFFICERS X. FOR THE GOOD OF THE ORDER XI. ADJOURNMENT COMMISSIONERS CITY STAFF JOHN G.CARROLL,CHAIR KATHY MCCLUNG,CD DIRECTOR CRAIG EGGLESTON SCOTT KUHTA,PLANNING MGR,AICP RUSTIN HALL MIKE BASINGER,SENIOR PLANNER,AICP JOE MANN MARCIA SANDS,VICE CHAIR ART SHARPE DEANNA GRIFFITH,SECRETARY OF THE COMMISSION ARNE WOODARD WWW.SPOKANEVALLEY.ORG CITY OF SPOKANE VALLEY Request for Planning Commission Review Meeting Date: November 30, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ® information ❑ admin. Report ❑ pending legislation FILE NUMBER: CTA 09-10 AGENDA ITEM TITLE: Study Session — Amendment to the definition of "Adult Retail Use Establishment" DESCRIPTION OF PROPOSAL: Spokane Valley Municipal Code (SVMC) Appendix A definition of "Adult retail use establishment. Add language that clarifies the permissible uses of an adult retail use establishment as follows: Adult retail use establishment: A retail use establishment which, for money or any other form of consideration, devotes a significant or substantial portion of stock in trade, to the sale, exchange, rental, loan, trade, or transferring, or viewing of adult- oriented merchandise. The retail use establishment may permit patrons to view the adult-oriented merchandise for possible purchase or rental, but such on-premises viewing shall not be in exchange for money or any other form of consideration. GOVERNING LEGISLATION: RCW 36.70A.106; SVMC 17.80.150 and 19.30.040 PREVIOUS COUNCIL ACTION TAKEN: On November 16, 2010 Council passed a motion directing the Planning Commission to consider a text amendment to Appendix A definition of "Adult retail use establishment". BACKGROUND: The amendment to the definition is proposed to clarify that the on-premise viewing of adult-oriented films in exchange for compensation is not a permitted use of an adult retail use establishment. The current definition could be interpreted to mean that viewing an adult movie is allowable because the definition currently allows for the "viewing of adult oriented merchandise." Adult arcades, or adult movie theatres, are specified in the SVMC as an allowable use of an adult entertainment establishment. SVMC Chapter 5.10 regulates adult entertainment establishments and requires each establishment to obtain an "Adult Entertainment Establishment" license to legally operate. Adult retail use establishments are not regulated by Chapter 5.10 and are not subject to the same licensing requirements as an adult entertainment establishment. Adult entertainment establishments and adult retail use establishments are only allowed in the Community Commercial and Regional Commercial Districts. The change in the definition does not affect the zoning districts where the adult use establishments may locate, but clarifies which type of establishment is permitted to show adult movies to ensure that proper licensing is obtained. RECOMMENDED ACTION OR MOTION: No action recommended at this time. The Planning Commission will conduct a public hearing and consider the proposed amendment on January 13, 2011. STAFF CONTACT: Lori Barlow, AICP, Associate Planner ATTACHMENTS: Appendix A— definition of "Adult Retail Use Establishment" Proposed Text Amendment CTA 09-10 Appendix A DEFINITIONS A. General Provisions. 1.For the purpose of this code,certain words and terms are herein defined.The word"shall"is always mandatory. The word"may"is permissive, subject to the judgment of the person administering the code. 2. Words not defined herein shall be construed as defined in Webster's New Collegiate Dictionary. 3. The present tense includes the future, and the future the present. 4. The singular number includes the plural and the plural the singular. 5.Use of male designations shall also include female. B. Definitions.... Adult entertainment: Includes the following: • Adult arcade device: Sometimes also known as"panoram,""preview,"or"picture arcade." • Adult arcade or "peep show": Any device which, for payment of a fee, membership fee, or other charge, is used to exhibit or display a graphic picture, view, film, videotape, or digital display of specified sexual activity, or live adult entertainment in a booth setting. All such devices are denominated under this chapter by the term"adult arcade device."The term"adult arcade device" as used in this code does not include other games which employ pictures, views, or video displays, or gambling devices which do not exhibit or display adult entertainment. • Adult arcade establishment: A commercial premises to which a member of the public is invited or admitted and where adult arcade stations, booths, or devices are used to exhibit or display a graphic picture,view, film,videotape, or digital display of specified sexual activity, or live adult entertainment in a booth setting to a member of the public on a regular basis or as a substantial part of the premises activity. • Adult arcade station or "booth": An enclosure where a patron, member, or customer would ordinarily be positioned while using an adult arcade device or viewing a live adult entertainment performance, exhibition, or dance in a booth. "Adult arcade station" or"booth" refers to the area in which an adult arcade device is located and from which the graphic picture, view, film, videotape, digital display of specified sexual activity, or live adult entertainment is to be viewed. These terms do not mean such an enclosure that is a private office used by an owner,manager, or person employed on the premises for attending the tasks of his or her employment, if the enclosure is not held out to any member of the public for use, for hire, or for a fee for the purpose of viewing the entertainment provided by the arcade device or live adult entertainment, and not open to any person other than employees. • Adult entertainment establishment: Collectively refers to adult arcade establishments and live adult entertainment establishments licensed pursuant to Chapter 5.10 SVMC. • Applicant:An individual or entity seeking an adult entertainment establishment license. Adult entertainment establishment: Collectively refers to adult arcade establishments and live adult entertainment establishments, as defined herein. Adult retail use establishment: A retail use establishment which, for money or any other form of consideration, devotes a significant or substantial portion of stock in trade, to the sale, exchange, rental, loan, trade, or transferring, or viewing of adult-oriented merchandise. The retail use establishment may permit patrons to view the adult-oriented merchandise for possible purchase or rental, but such on-premises viewing shall not be in exchange for money or any other form of consideration. CITY OF SPOKANE VALLEY Request for Planning Commission Review Meeting Date: December 9, 2010 Item: Check all that apply: nconsent n old business n new business 171 public hearing n information n admin. report n pending legislation AGENDA ITEM TITLE: 2010 Emergency Comprehensive Plan Amendment—Public Hearing PREVIOUS ACTION TAKEN: Planning Commission held a study session on November 18, 2010 FILE NUMBER: ECPA-01-10 DESCRIPTION OF PROPOSAL: City initiated, site specific emergency comprehensive plan amendment to change the City Center (CCT) comprehensive plan and zoning designation to Mixed Use Avenue (MUA); remove all language referencing City Center in the Sprague Appleway Corridors Subarea Plan (Subarea Plan)from Book 1: Community Intent, adopted as part of the Spokane Valley Comprehensive Plan; and Book 2: Development Regulations and Book 3: City Actions, adopted by reference in the Spokane Valley Municipal Code (SVMC). GOVERNING LEGISLATION: RCW 36.70A.130 (1)(d), (2)(a) and (b); Section 17.80.140 Type IV applications - Comprehensive Plan amendments and area-wide rezones and Section 19.30.010 Comprehensive Plan text and map amendments of the Spokane Valley Municipal Code (SVMC). BACKGROUND: The City Council adopted the Sprague Appleway Corridors Subarea Plan (Subarea Plan)in June of 2009. Since that time, the Council has, by motion, placed the entire Subarea Plan on the 2011 annual comprehensive plan amendment docket for review. Pursuant to Section 17.80.140(E)(3) of the Spokane Valley Municipal Code (SVMC)the City Council passed a motion on October 26, 2010 to initiate an emergency comprehensive plan amendment to change the City Center Comprehensive Plan and Zoning designation. The basis for this emergency is as follows; 1. In the last 12 months, since the adoption of the Subarea Plan, the City's revenue forecast has continued to deteriorate. Specifically, sales taxes are projected to decrease by $400,000 from 2010 to 2011, and property taxes by $100,000 from 2010 to 2011. Funds available from the real estate excise tax have decreased from a high of approximately $2.2 million in 2007 and 2008 to approximately $900,000 for 2010 and 2011. 2. Funds for significant private development are not as available and significant failures of large commercial investments within the City have occurred. 3. The economic development anticipated by the Council when the Ordinance adopting the Subarea Plan was passed in June of 2009 has not occurred. Request for Planning Commission-Public Hearing ECPA-01-10 1 of 2 4. The restrictions on development within the City Center zone, as well as the design requirements, contemplate significant public investment involving both the purchase of property and construction of a City Hall as well as adjacent infrastructure improvements. The projected 2011 budget does not contemplate the purchase of any property within the City Center zone and funds available for the construction of City Hall are projected to be reduced by $2.2 million to fund other capital projects. 5. Because there is little likelihood that any significant investment will occur by the City, the City Center zone, as currently configured and restricted, creates significant immediate economic hardships for the property owners within that zone. Based upon these facts an emergency exists and an immediate change to the Comprehensive Plan pursuant to the RCW 36.70A.130 (2)(b) set forth above may be appropriate. NOTICE: Notice for the proposed amendment was placed in the Spokane Valley News Herald on November 12, 2010 and November 19, 2010 and at the corners of Bowdish Road/ Sprague Avenue, Herald Road/Sprague Avenue and Appleway Avenue/University Road a"Notice of Public Hearing" sign posted with a description of the proposal. Individual notice of the proposals were mailed to all property owners within 400 feet of the amendment area. SEPA REVIEW Pursuant to the State Environmental Policy Act(SEPA—RCW 43.21C) an environmental checklist was required for the proposed emergency comprehensive plan amendment. Under SEPA, amendment to the comprehensive plan are considered "non-project actions" defined as actions involving decisions on policies, plans, or programs that contain standards controlling use or modification of the environment. Additional environmental review may be required for the physical development of the subject area at the time of future proposed land actions. Staff reviewed the environmental checklist and a threshold determination was made for the proposed emergency comprehensive plan amendment. A Determination of Non-significance (DNS)was issued for the proposed amendment on November 12, 2010 consistent with the City of Spokane Valley Environmental Ordinance. APPROVAL CRITERIA: Section 17.80.140(H) of the Spokane Valley Municipal Code provides approval criteria for comprehensive plan amendments to the Spokane Valley Municipal Code. OPTIONS: Planning Commission may recommend approval as presented; recommend approval of modified proposal; recommend the proposal not be adopted; or forward no recommendation to City Council. STAFF CONTACT: Karen Kendall, Assistant Planner ATTACHMENTS: Attachment 1: Staff Report Attachment 2: Maps of Comprehensive Plan Map Amendment Attachment 3: Strike-through Text of Comprehensive Plan Map Amendment Attachment 4: Supplemental Information of Previous City Council Actions Request for Planning Commission-Public Hearing ECPA-01-10 2 of 2 Proposed Emergency Amendment Comprehensive Plan fl , I 1 ..,,__. _ 1 „, ,_._f — I - r Low 1'171Density t, Gethsemane .• ,i �o Broadway z'�Broadway �_, Broadway Broadway_ Residential IA-'—L-Lutheran=b o -Neeigliborhood I I I4_,_ -Com~eriial Broadway _ I � � Elementar -,2 -zi I i l I Span field ro 11 1 BroI • -' ,Alici_,� Alki_r l hi-15-;t� r'" ikllu J I All. St John- w. Vianney Low D nssty I I Residential fO e o �� h — — I I Low Densib' - - Residentilal Va11ey,vay�J�jj :Va11eyway Valleyway� F:. 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Commercial -g, Medium IFT i� - Residential 4• r 11 ,-- �1:~. 1 1 �� Low Density h— _5th_ Density r" Residential — — Residential1 I S.th Fq— 0 6th m ° I 6th 1� thEl d �6thJ� w . 1—I6th_ © _ -� ca _S❑� al- 1 7th IM O o _-0 7th1. lip ,11.I 8th •- 8th ■ I I 8th_` 8thl L 81h1I L. ° ! Low Den is,'ty- I -_ - - - 1� 9th x � �� Residential °� -w -9th 91h_u 9th z 9.thL- 9thL_L_U k 9th 3 - a o o I Low Density 1, _ ca a d b Residential ° " - - - ' — �� IDensity 10th 10th lOthL_ -loth_l I Loth a'' o_10th_ -101h7� Universir4 x t3' 1~_� � Low Density Residential ll I 1 I b `� _ Center 4 -e I I r �� Residential_ �o �� I I dal I I I I cq_11th ECPA-01-10 Request: Change the Comprehensive Plan map designation from City of Spokane Valley CCT to MUA; subsequent Zoning change from CCT to MUA. Community Development Department Proposed Emergency Amendment Zoning pi Broadway Broadway Broadway a —.11-1.111-7' .------,.,:----1 Broadway h� �� NCR-30 Broadway ' .J' ut-r III, 11.6 1 / Slringfield J �' Elementary . 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Community Development Department COMMUNITY DEVELOPMENT DEPARTMENT 01111#\Wilk PLANNING DIVISION Spokane STAFF REPORT AND RECOMMENDATION TO THE 40,Valley PLANNING COMMISSION ECPA-01-10 STAFF REPORT DATE: November 9, 2010 HEARING DATE AND LOCATION: December 9, 2010, beginning at 6:00 p.m., Spokane Valley City Hall Council Chambers, Valley Redwood Plaza Building, 11707 East Sprague Avenue, Suite 101, Spokane Valley, Washington 99206. PROPOSAL DESCRIPTION: City initiated, site specific emergency comprehensive plan amendment to change the City Center(CC) comprehensive plan and zoning designation to Mixed Use Avenue (MUA); remove all language referencing City Center in the Sprague Appleway Corridors Subarea Plan (Subarea Plan) from Book 1: Community Intent, adopted as part of the Spokane Valley Comprehensive Plan; and Book 2: Development Regulations and Book 3: City Actions, adopted by reference in the Spokane Valley Municipal Code (SVMC). PROPOSAL LOCATION: The amendment area is boarded by Walnut Road to the west, Bowdish Road to the east, Main Avenue to the north and 4th Avenue to the south. APPLICANT: City of Spokane Valley Community Development Department, Karen Kendall; 11707 East Sprague Avenue, Suite 106, Spokane Valley, WA 99206; (509) 720-5026 APPROVAL CRITERIA: Chapter 2 (Urban Land Use) of the Spokane Valley Comprehensive Plan, Title 17 (General Provision), Title 19 (Zoning Regulations), Title 21 (Environmental Controls) of the Spokane Valley Municipal Code (SVMC) and Sprague Appleway Corridors Subarea Plan (Subarea Plan) from Book 1: Community Intent, adopted as part of the Spokane Valley Comprehensive Plan; and Book 2: Development Regulations and Book 3: City Actions, adopted by reference in the Spokane Valley Municipal Code (SVMC). SUMMARY OF RECOMMENDATION: The Planning Division, after review and consideration of the submitted application and applicable approval criteria, recommends that the Planning Commission approve ECPA-01- 10. STAFF PLANNER:Karen Kendall, Assistant Planner, Community Development Department REVIEWED BY: Scott Kuhta, AICP, Planning Manager, Community Development Department EXHIBITS: Exhibit 1: Application Materials Exhibit 2 SEPA Determination Exhibit 3: Comprehensive Plan Map Exhibit 4: Zoning Map Exhibit 5: 2009 Aerial Map Exhibit 6: Vicinity Map Exhibit 7: Transportation Map Staff Report and Recommendation to the Planning Commission for ECPA-01-10 Page 1 of 6 I. BACKGROUND INFORMATION APPLICATION PROCESSING: Chapter 17.80 Permit Processing Procedures in the Spokane Valley Municipal Code (SVMC). The following summarizes key application procedures for the proposal. Pre-Application Meeting: N/A Application Submitted: N/A Determination of Completeness: N/A Issuance of Determination of Non-Significance (DNS): November 12, 2010 End of Appeal Period for DNS: November 26, 2010 Date of Published Notice of Public Hearing: November 12, 2010 Date of Mailed Notice of Public Hearing: November 12, 2010 Date of Public Hearing: December 9, 2010 PROPERTY INFORMATION: Size and Characteristics: The site is approximately 225 acres in size. The site is relatively flat. Comprehensive Plan: City Center Zoning: City Center(CCT) Existing Land Use: There area is comprised of developed and undeveloped land with one Park(Balfour Park). SURROUNDING COMPREHENSIVE PLAN,ZONING,AND LAND USES: North Comprehensive Plan—Low, Medium and High Density Residential Zoning—R-3, MF-1 and MF-2 Existing Land Uses — Single-Family and Multi-Family Residential South Comprehensive Plan—Low, Medium and High Density Residential Zoning—R-3, MF-1 and MF-2 Existing Land Uses — Single-Family and Multi-Family Residential East Comprehensive Plan — Mixed Use Avenue, Community Boulevard and High Density Residential Zoning—Mixed Use Avenue (MUA), Community Boulevard (CB) and MF-2 Existing Land Uses —Commercial, Office and Residential West Comprehensive Plan—Mixed Use Avenue and Community Boulevard Zoning—Mixed Use Avenue (MUA) and Community Boulevard (CB) Existing Land Uses —Auto oriented uses, Commercial, Office and Residential II. FINDINGS AND CONCLUSIONS SPECIFIC TO SEPA Findings: Pursuant to Title 21 (Environmental Controls) of the Spokane Valley Municipal Code (SVMC), the lead agency has determined that this proposal does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). The Planning Division issued a Determination of Non-Significance (DNS) for the proposal. This decision was made after review of a completed environmental checklist and other information on file with the lead agency. Staff Report and Recommendation to the Planning Commission for ECPA-01-10 Page 2 of 6 Conclusion(s): The procedural requirements of the State Environmental Policy Act and Title 21 of the SVMC have been fulfilled by the applicant's submittal of the required SEPA Checklist, and the issuance of the City's threshold determination consisting of a Determination of Non-Significance (DNS). III. FINDINGS AND CONCLUSIONS SPECIFIC TO THE COMPREHENSIVE PLAN AMENDMENT A. COMPLIANCE WITH TITLE 17 (GENERAL PROVISIONS) OF THE SPOKANE VALLEY MUNICIPAL CODE Findings: Section 17.80.140 H. (Comprehensive Plan Amendment Approval Criteria) Spokane Valley Municipal Code 1. The following are responses to the proposed comprehensive plan amendment; a. The proposed amendment bears a substantial relationship to the public health, safety, welfare, and protection of the environment; The City proposes an emergency amendment due to the deterioration of the economy and the resulting decreasing sales tax and decreasing property taxes. It is likely not possible to have a large investment company to contribute to build in the City Center. The proposed amendment offers additional opportunities to achieve economic growth by expanding the land uses available for further diverse development. This proposal supports the safety, health and welfare of the community by encouraging mixed uses that foster community identity with pedestrian, bicycle and regional transportation services. b. The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the City's adopted plan not affected by the amendment; The state-wide planning goals and policies provide the basis for the City's Comprehensive Plan and guidance in the development of goals and policies. The proposed amendment will allow services to be expanded for appropriate in-fill development with the City of Spokane Valley. The City has adopted development regulations that are designed to address specific impacts related to new development such as off-street parking, landscaping, lighting, setbacks and height. The proposed amendment is consistent with the Growth Management Act. Adjacent land use designations are consistent with the proposed amendment. c. The proposed amendment responds to a substantial change in conditions beyond the property owner's control applicable to the area within which the subject property lies; The proposed amendment responds to the economic hardships of business to locate within City Center due to limited permitted uses. The crashing economy has also limited the interest in mixed use/town center developments on a national level by large scale investment companies and developers. The economic climate has lead to a substantial change in conditions. d. The proposed amendment corrects an obvious mapping error; or The proposed amendment does not correct a mapping error. e. The proposed amendment addresses an identified deficiency in the Comprehensive Plan. Staff Report and Recommendation to the Planning Commission for ECPA-01-10 Page 3 of 6 The proposed amendment alleviates the restrictions placed upon the area by the current zoning of the Sprague Appleway Corridors Subarea Plan (Subarea Plan). 2. The City must also consider the following factors prior to approving Comprehensive Plan amendments: a. The effect upon the physical environment; The comprehensive plan amendment is a non project action under SEPA. At the time of the submittal of the building permit application, an additional SEPA review would likely be required to evaluate the impacts of the use(s) and proposed structure(s) on the physical environment. b. The effect on open space, streams, rivers, and lakes; There is no surface water body on or in the immediate vicinity of site. Balfour Park is the only designated open space within the proposed amendment area. c. The compatibility with and impact on adjacent land uses and surrounding neighborhoods; The proposed amendment is contiguous to a Mixed Use Avenue Comprehensive Plan designation on the east and west. To the north and south High, Medium and Low Density Residential as well as Community Boulevard Comprehensive Plan designations border the area. At the time of development, standards relating to fencing, screening, and landscaping will reduce impacts on adjacent low density residential designated properties by providing visual separation and physical buffers between land uses. d. The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools; The City of Spokane Valley addresses adequacy of community facilities on a citywide basis through capital facilities planning. Policy CFP-9.1 of the Comprehensive Plan recommends a concurrency management system for transportation, sewer, and water facilities. The City of Spokane Valley's Parks and Recreation Plan outlines an implementation strategy including a capital facilities plan, which identifies costs and revenue sources for new parks. At the time of the submittal of the building permit application, an additional SEPA review would likely be required to evaluate the impacts of the use(s) and proposed structure(s) on the physical environment in regards to transportation and schools. e. The benefit to the neighborhood, City, and region; The proposal would be consistent with the existing character of the neighborhood. This is an appropriate location to allow for infill mixed use development that can utilize services such as alternative transportation methods (public transportation)provide an opportunity to live and work in a close proximity and the beneficial location of commercial, auto oriented retail and office uses to serve the area. f. The quantity and location of land planned for the proposed land use type and density and the demand for such land; The Mixed Use Avenue zone district allows less density when compared to the City Center zone district. However, residential and commercial projections have been fairly conservative compared to maximum allowed density. g. The current and projected population density in the area; and Staff Report and Recommendation to the Planning Commission for ECPA-01-10 Page 4 of 6 The current population of 736 dwelling units is projected to increase to over 3,000 dwelling units as calculated in the City Center Final Environmental Impact Statement(FEIS)for the Planned Action Ordinance. This projection would translate to the Mixed Use Avenue (MUA) designation. h. The effect upon other aspects of the Comprehensive Plan. The proposal would eliminate the only mapped area designated City Center within the City's Comprehensive Plan designation designated to serve as a social, cultural and economic focus for the City of Spokane Valley. B. COMPLIANCE WITH TITLE 19 (ZONING REGULATIONS) OF THE SPOKANE VALLEY MUNICIPAL CODE Findings: Section 19.110.020 (Sprague Appleway Corridors Subarea Plan) Spokane Valley Municipal Code The Comprehensive Plan Map Amendment is from City Center to Mixed Use Avenue and corresponding zoning map amendment from City Center(CCT)to Mixed Use Avenue (MUA). Conclusion(s): The proposed Comprehensive Plan amendment is contiguous to other mixed use development. ECPA-01- 10 is consistent with the intention of the Mixed Use Avenue designation. C. COMPREHENSIVE PLAN The Comprehensive plan states that Mixed Use Avenue is characterized by multi-family housing mixing with commercial, office and lodging uses. Staff analysis is italicized. 1. Mixed Use Avenue is intended to transition older strip commercial development into a mix of vertical and horizontal mixed use developments. Development intended to orient to a vegetation enhanced street. 2. LUG-3 of the Comprehensive Plan states; "Transform various commercial business areas into vital, attractive, easily accessible mixed use areas that appeal to investors, consumers and residences and enhance the community image and economic vitality." Staff Comment: The Mixed Use Avenue designation is consistent with the surrounding parcels. 3. LUP-3.1 of the Comprehensive Plan states; "Encourage transformation of Sprague Avenue Regional/Community Commercial corridor into a quality mixed-use retail area. Retail development along the corridor, exclusive of the City Center should be concentrated at arterial intersections and designed to integrate auto, pedestrian, and transit circulation. Integration of public amenities and open space into retail and office development should also be encouraged." Staff Comment: The proposed area has several arterial intersections along the Sprague and Appleway corridor. The proposed amendment area is served by Balfour Park located on Balfour Street and Main Avenue across from University City Development. Staff Report and Recommendation to the Planning Commission for ECPA-01-10 Page 5 of 6 D. FINDING AND CONCLUSIONS SPECIFIC TO PUBLIC COMMENTS Findings: Staff has received no public comment concerning the proposal to date. Conclusion(s): Adequate public noticing was conducted for ECPA-01-10 in accordance with adopted public noticing procedures. E. FINDING AND CONCLUSIONS SPECIFIC TO AGENCY COMMENTS Findings: Staff has not received any agency comments to date. Conclusion(s): No concerns are noted. IV. OVERALL CONCLUSION The proposed Comprehensive Plan designation to Mixed Use Avenue and change in zoning classification to Mixed Use Avenue (MUA) is consistent with the Comprehensive Plans goals and policies. V. STAFF RECOMMENDATION The Planning Division after review and consideration of the submitted application and applicable approval criteria recommends that the Planning Commission recommend approval of ECPA-01-10. Staff Report and Recommendation to the Planning Commission for ECPA-01-10 Page 6 of 6 Strike-though text Emergency Comprehensive Plan Amendment ECPA-01-10 INTRODUCTION: i.1 PURPOSE This Subarea Plan is established in response to the community's desire to reverse the visual and economic decline of the Sprague and Appleway corridors, and restore the beauty and vitality of these corridors, and instigate the creation of the City of Spokane Valley's first City Center. It presents the community's vision for the future of these corridors.It establishes the primary means of regulating land use and development within the Plan Area(see Fig.i.1. Plan Area). Finally, it describes the City actions and public investments that will support the corridors' 1 revitalization and creation of the City Center. The Subarea Plan is intended to implement the broad policies established in the Spokane Valley Comprehensive I Plan for a new City Center and the development/redevelopment of Sprague Avenue/Appleway Boulevard corridor into an area of quality commercial and mixed-use development. The regulations contained within the Subarea Plan replace land use and development regulations previously contained within the City Zoning Ordinance for this portion of the City. In the instance of conflicting regulations with other municipal planning documents containing policies for land use and development within the Plan Area, the Subarea Plan shall prevail. The Subarea Plan document does not replace or augment regulations pertaining to issues of building safety codes or other non-planning related codes. All applications for new construction, substantial modifications to existing buildings, and for changes in land use, shall be reviewed for conformance with the policies contained in the Subarea Plan. BOOK I 1.2. INTENT Spokane Valley was incorporated in 2003, and does not contain an existing or historic downtown district. The Spokane Valley community intends to see to it that a new City Center is constructed. A City Center i;, defined, in this context to mean a compact and synergistic cluster of activity generating-shops, services and eateries sharing a walkable scaled district core with civic buildings, urban style homes and workplaces, all organized around public space and pedestrian oriented street environments. 1.4. THE ENVISIONED FUTURE CORRIDORS Figure 1.1 Urban Design Concept Map — remove City Center - Core and add Mixed Use Avenue designation From Commercial Strip to a Pattern of Centers and Segments: During the period of time in which development is guided by this Subarea Plan,the Sprague Avenue Corridor will begin its transformation from commercial strip to a pattern of Centers and Segments (see Figure 1.1). Whereas the commercial strip is undifferentiated—a linear pattern of exclusively commercial buildings,typically one-story (with very few notable exceptions), surface parking lots,and pole signs,—the future corridor will be increasingly characterized by emerging structural differentiation: there will be clusters of shops, activity, mix, and intensity - ECPA-01-10 Strike-through text Page 1 of 22 Centers, and there will be longer linear portions distinguished by cohesive building types, frontage landscaping, and dominant uses—Segments. Whereas the commercial strip caters to a narrow segment of market demand(the demand for commercial goods and services), the emerging Centers and Segments will have differentiated market focus. Neighborhood Centers will specialize in serving the needs of neighborhoods within a short drive; the City Center will offer community services as well as commercial goods and services that cater to the entire City in a lively pedestrian friendly environment; Appleway Boulevard will ultimately be lined primarily with large residential buildings facing a landscaped boulevard; the Gateway Commercial Segment of Sprague Avenue will continue to enhance its position as a regional Auto Row, and the Mixed Use Avenue Segments of Sprague will focus on a synergistic mix of workplace,commercial and high density residential uses. 1.4. THE ENVISIONED FUTURE CORRIDORS 1) The City Center What is now the new City of Spokane Valley was long a collection of undifferentiated suburban developments anchored by their relationship to the urban center of downtown Spokane and to recognizable features of the beautiful natural terrain of the Spokane Valley. It is the dream and intention of this community to complete the formation of their City by establishing its Center. The City Center will provide the community with its symbolic, social, and geographic heart. The City Center will be, more than anywhere else in Spokane Valley,the place that tells you where you are, that you are in much more than a City defined only by legal jurisdictional boundaries. The City Center will provide the community with the center of its civic and social life. Citizens will be drawn to their center by shops, cafes, restaurants, community services, and by the offering of comfortable public streets and plaza spaces to linger in when the weather is fine. And the busy streets and public places will be presided over by the first City Hall built to house the government of the new City. The new City Center will be the antithesis of the linear strip: development in the City Center will not sprawl outward, low to the ground, it will be compact and clustered; it will not be only one type of land use, but a mixture of uses and destinations retail, entertainment, civic, residential, and ultimately places of work and lodging will be found there. The shopping core will center on a main street with curbside parking and slow accommodating the parking and services that they require. The Civic Center will preside over the City's main outdoor gathering space and its vista will be the iconic image that stands for Spokane Valley. The City Center will be built in the vicinity of the region's first shopping mall a prominent location for successful retail anchors lying at a major community crossroads and close to the precise geographic center of the City. Its main entrance and its most visible frontage will occupy the very central point along Sprague Avenue, the City and region's primary arterial. The Spra_ae Avenue frontage will provide the new district with the unmistakable identity of the City's most urban and lively district, offering a hint to passing travelers of what is available inside the district(Fig.1.9.). like to walk. The City Center will provide businesses with a prominent address while offering workers and customers nearby places to lunch, shop, see and be seen. More than anything else, the district will attract generous assortment of sitting places, warmly lit sidewalks and attractive window displays. Walking and bicycling will be made easy by the district's mixture of uses, concentrated development pattern, and its fine grained network of streets shared by vehicles and pedestrians alike (Fig.1.2.). Along these streets, offices, housing,and lodging will easily mix in attractive buildings built right up to the sidewalk,forming a consistent "street wall"that creates the feeling of an outdoor living room(Fig.1.3.). a) The City Center Core Near term development activity will take advantage of the large areas of vacant and underutilized land around the University Rd. intersection to plant the seeds that will grow into City Center's entertainment, fronts. Shop windows and doors will adorn buildings with a high level of finish and detail (Fig.1.1.). ECPA-01-10 Strike-through text Page 2 of 22 entertainment environment below while the soft,yellow light coming from their windows will add to the convenient parking spaces at the curb,with more spaces tucked behind buildings in lots and structures. The backbone of the City Center Core will be a new "Main Street," featuring continuous ground level shops, cafes, and small restaurants built close to the sidewalk that enhance the street's appeal for walking (Fig.1.6.). New public open spaces will provide ample opportunity for people to gather, relax, and experience the hustle and bustle of City Center life (Fig.1.7.). Buildings such as a City Hall and Public Library terminating prominent views and presiding over civic spaces will add to the long list of amenities that the Spokane Valley community will enjoy far into the future(Fig-.1.8.). Landmark features- will eatureswill celebrate the City Center and make the core highly visible and easy to reach from both Sprague Avenue and Appleway Boulevard(Fig.1.7.). b) The City Center Sprague Avenue The character of Sprague Avenue within the City Center will create a notably unique atmosphere that distinguishes this portion of Sprague Avenue as obviously different from other portions of the Corridor. Streetscape improvements will feature a unique parallel access lane on the south side of the street with slow moving traffic and amenities that buffer the sidewalk from the fast moving center of Sprague. Pedestrians will be able to stroll, eat outdoors when the weather is nice, and window shop. This main street like environment along Spra_ae will also create a comfortable pedestrian zone for upper stories of c) The City Center Neighborhood The urban neighborhood surrounding and supporting the City Center will be a City neighborhood with a difference. The City's widest range of housing types, the greatest mixture of homes, offices, and lodging, will begin to concentrate within walking distance of the City Center Core's theaters, shops, restaurants, cafes, nightlife, and amenities. Building off of the existing STA Plaza and potential future most extensive concentration of transit facilities(Fig.1.10.). This neighborhood will consist of artfully designed buildings built closer to the sidewalk featuring grand scale entrances, facades with richly detailed windows and doorways, building forecourts, terraced urban activity to the sidewalk(Fig.1.11.). Remove figures 1.2-1.11 1) Neighborhood Centers An even distribution of supermarkets and neighborhood serving convenience uses currently punctuate the corridor at major intersections along Sprague Avenue. As the corridor transitions, development in these neighborhood centers will introduce mixed-use buildings and line grocery anchors with shops that will be located closer to the sidewalk(Fig.1.12.). New mixed-use development in these locations will be larger scale with parking lots that are screened from nearby housing in order to ensure compatibility with adjacent development(Fig.1.13.). A combination of new infill development and streetscape improvements with wide sidewalks and on-street parking will provide nearby residents with a safe and convenient pedestrian environment(Fig.1.14.). In contrast to the unique, entertainment oriented City Center,Neighborhood Centers and their services will continue to be distributed throughout the Plan Area. These centers, with their close proximity to surrounding neighborhoods,will supply nearby residents with all their daily needs(Fig.1.15.). 2) Sprague Avenue—Between the Centers b) Gateway Commercial Avenue The community intends to maintain the specialty segment between I-90 and the railroad overpass as the region's premier destination for automobile sales. The Gateway Commercial Avenue will be a"themed" stretch of Sprague Avenue,home to a busy cluster of vehicle dealers and supporting services (Fig.1.21.). ECPA-01-10 Strike-through text Page 3 of 22 In this District, Sprague Avenue will provide easy access and on-street parking to all dealers and other businesses in the district. A unique streetscape design with special treatments will include architectural vehicle display spaces that reinforce the district's generally auto oriented character. Sprague Avenue's new streetscape improvements, with modern boulevard-scale streetlights, will be complemented by well designed signs advertising the District's brands and services. Interspersed with the automobile dealers, compatible uses such as "medium box" commercial sales and services will line Sprague Avenue,taking advantage of the District's clear identity and proximity to I-90 (Fig.1.22.). Gateway features and coordinated signage will announce a revitalized Sprague Avenue and the new City Center to passing motorists on I-90. 3) Appleway—The Community Boulevard The undeveloped Appleway right-of-way provides an immense opportunity to improve the Sprague- Appleway corridor and the City as a whole. Appleway Boulevard will be extended East of University Road, creating a lush, pedestrian friendly environment. This new "Grand Boulevard", with continuous planting strips along the sidewalk featuring street trees, decorative lighting, and pedestrian amenities will provide the perfect opportunity for previously undevelopable deep parcels to build new grand scale housing and sensitively designed residentially compatible office buildings(Fig.1.24). This new housing corridor will help transition between Sprague Mixed Use Avenue development and the single family residential neighborhoods South of Appleway(Fig.1.25.). As it passes through the City Center, Appleway Boulevard will build upon the rest of the corridor's Grand Boulevard character with attached housing that takes on a more urban character along the City Center's tree lined streetscape. This housing will be complemented well by similarly scaled office buildings in the City Center(Fig.1.2.). Down the Center of this Community Boulevard,a wide,landscaped central parkway median with large,leafy trees accommodates multi-use pathways for biking or strolling(Fig.1.26.). This prominent open space is also located to maintain the potential to accommodate a future transit line. The transit line will take advantage of the existing bus transit center to provide easy access to the City Center to Spokane valley residents,workers, and visitors, from throughout the City and the region while further increasing the development potential of Appleway as a mixed-office/residential boulevard. 1.5. CORRIDOR REVITALIZATION STRATEGY a) Move swiftly To leverage current investor preferences for City Center development projects and to take advantage of the region's lack of urban center projects to date, move as swiftly as possible to instigate the development of at least a substantial first phase City Center Core that contains a sufficient critical mass destination for the larger community. b) Public private partnership development of the first portion of the City Center. c) City Center must come first The successful delivery of a City Center for the City of Spokane Valley will create not only a district that functions as the Heart of the Community, but it will provide a substantial armature for beneficial change ECPA-01-10 Strike-through text Page 4 of 22 that will radiate out in ever increasing-rings from the Center. Therefore, notwithstanding-the various- needs ariousneeds clamoring for attention along the Corridors,place highest priority on actions and expenditures that stimulate and support investment in and delivery of a City Center district in the selected location. d) Flexible entitlements- Provide ntitlementsProvide a policy framework specific enough to insure that new investment adheres to the fundamental principles of the formation of lively pedestrian oriented city centers, but flexible enough to respond to changing opportunities. More specifically, provide a policy framework that accommodates both all at once City Center development as well as incremental development; and provide a policy framework that can accommodate the development of a City Center Core on either side of University Road, or on both sides of University Road. 1) Provide a Policy Framework that accommodates the market's preference for retail concentrations at major crossroads,while building on the patterns of value already in place. b) Refocus retail development over time to foster a mutually supportive hierarchy of retail-driven centers and mixed use segments Transition from miles of"anything goes retail" to a pattern that clusters mutually supportive types of retail in centers or segments with differentiated market focus.- Use land use & development policies to _ocus neighborhood center retail at the designated crossroad locations; cluster auto-row serving retail and services in convenient clusters,and limit retail in between crossroad-located centers to non-competing retail types that thrive on visibility and that make less sense in pedestrian-oriented districts. 2) Reverse creeping disinvestment by identifying the long term "highest and best uses" for the Corridor as a whole. b) Replace entitlements for retail types suited to city center and _neighborhood center clusters with residential entitlements BOOK II 2.0.1. APPLICABILITY 1) City Center District Zone. These regulations shall apply to: a) New construction. b) Additions greater than 20%of the building floor area. c) Exterior Improvements ("facelifts") costing more than 20% of the assessed or appraised value of the building and land. Such exterior re_alations shall conform to the architectural regulations contained in Section 2. ECPA-01-10 Strike-through text Page 5 of 22 2.0.3. HOW TO USE THE DEVELOPMENT REGULATIONS F 1 0 . 2 . 0 . 3 . How TO USE THE DEVELOPMENT REGULATIONS BOOK II:I)EVELOPMENT REGULATIONS "1. 2.1. 2.2. 2,4. ?.:a. 2.6. STREET AND DISTRICT ZONE'S SITE DEVELOPMENT PAliICIN(i ARCIIITECTUIiA1. SIGNAG I%; itEi.I:I1LATION5 i 1111�V til'As'.{? REGULATIONS REGULATIONS HEULrLATI(5 1iEGULATIONS REGULATIONS _. _. - mit .:3.1. 2.5.1. 2.33.1. 2.1. 2.2.1.BrILDING i 2,2.8.SIDE 2.4.1. STIR r.1:'I BL'ILDI`tG MASSING: (MINIIRAI.SIGNAGE Dill ld tr. 7.tIN ES XI.A I' ORIENTATION .STREET SETBACK , FARK1Nc TYYE ST NNDA Pi AS &Com POSITION REGI'LATtioss 1 2.2.2. 2.2.9.SIDE 1 4. 4. --- - lorate Ike property in I It'ILDING USE YARD SETBACK review the definitions t the Disrri:s mires Mod portions MSC,''wneral signage gars eon on - and specifications f r rime,.SIrMI standards and p -Icarian,f definitions,stand rib, Zones Map and identify the each building massing 2r applicable District Zone(at 2.2.2. l 2.2.111.REAR each Parking Type composition element andgaikfrnes 1 BUILDINGI'IEIG HT YARD SETBACK # 1 4. f 2.2.4.RELATION 2.2.11. 2.3.2• °Z F1L•lfiiir # !• Ctl5lNrLl 2,4.2, ALLEY SETBACK 11 EEN SI'.\t°I: MASSING& U••• "'-•.' FA►11LY 11fIM Y.Fi PARKING STANUAILI.1" SI ANDA HDS ifR MIPOS1TII IN . I J 2,1.2. 22.5.PERLH: 2,2,12.FRONTAt3- 1 ♦ 2.3.3.LI NiJTII 1 NER:H8mc HiR1H FRONTAGE COVERAGE rersiea a MASSING St °pet Parr rruirtu defrnitia,ls. CENTERS - rd,'",Pal king standards standards f.s/�t1'elSrrlllx stanErrck,asaiguidelines 2°1.3. 22.6.PRIVATE 2.2.13.MILD-To- 4 4 for melt Sign Type NImED USE FI1DNTAGE CORNER Ar•ENUE _— 2..3.3.S 1REP-I 0x11 2,4,3, ,,.....i,-....t,,,,,11,,..,,d length - -- - UPI-A.iP.tr'l= PARKING massingi campositron 2.1.4. 2.2.7.FRONT 22,14.MAXIMUM III IIILLINE_S GUIDELINES regalotians COMMUNITY STREET SETEACKI BUILDING LENGTH - 1 1 BOULEVARD -- — 4 ♦ - `� .. -.._._. - - - - - 4' rePtM,street and op. reviewparking guidelines 2.5.4. 2,13,GATEWAY- Atm.,g>.idrlirres,Including ARCIIITECTL-BAL COMMERCIAL ,rye,the del-moan itandsperifrcNiamrfor lighringand landscaping AVENUE: L•'LBi1tN'rs ,.� _ eaek site dn.•kspment rrguflation I — 2.1.6.GATEWAY +Y COMMERCIAL srandrra, CENTERS rod gaideitnes for Larhiarctrrrnielements 4- rroft°su the Diar.irt-Specifrr regsdatianc far the ProPe°'t7+ District Zone(s) 4, reference the rk fmitions and specifications brat follow in sn-times---44 2.0.3. HOW TO USE THE DEVELOPMENT REGULATIONS Figure 2.1 District Zone Map — remove CCT and add MUA designation 2.0.3. HOW TO USE THE DEVELOPMENT REGULATIONS 1) The Development Regulations are divided into six sections: 2.3.Street and Open Space Regulations set forth minimum requirements for the provision, design, and configuration of new streets and publicly accessible spaces as well as regulations governing landscaping of front, side, and rear yards and other on-site improvements to ensure that new development creates 1 attractive and livable City Center and Corridor environments with amenities for pedestrians. ECPA-01-10 Strike-through text Page 6 of 22 2.1.1 CITY CENTER DISTRICT ZONE LOCATION: CITY CENTER City Center: ��p•.��q—_--__-- ————sem-ED'--. - Nair 4a-_. '�'... .. `tom -1 • The City Center District is the heart of the community. It is an urban district that consists of a wide range of building types and uses. The district is where pedestrian activity is most lively and where the most pedestrian urban homes and workplaces. Within the City Center District, entertainment and shopping oriented City Center Core Street Development is- eurrounded and supported by City Center Neighborhood Development. City Center Core Street Development is the most urban development in the City with consistent, urban streetscape treatments and attached commercial block buildings set along the -sidewalk. Sprague Avenue and other new Core Streets put "Main FORM � Street" development on display, highlighting its fine grained concentration of ground floor, activity generating retail. The buildings are primarily mixed use with housing, office, or lodging USE above retail.Adding to this City Center Core network is the largest concentration of Civic and Cultural uses in the City. (Applicability of City Center Core Street Regulations i, DisPosirn• 1 established by 2.1.1 (2) City Center Core: Pre Located Core Street Regulations). represent a specific design required on any particular site or property. • . . . . City Center Neighborhood Development has slightly less urban • -setbacks and frontage coverage that surrounds and supports the FORM Core Streets. These parts of the City Center are primarily composed of a mix of office, lodging, and housing (stacked units & townhomes). Boulevard scale buildings highlights the Use Sprague Avenue Edge, while attached housing and compatible office lines the Appleway Boulevard Edge. A tight network of Other Streets, with wide sidewalks and steady street planting f • make this a concentrated,walkable neighborhood. DISPOSITION ` This diagram represents an example of the typical development envisioned for this district.It does not represent a specific design required on any particular site or property 1) City Ccntcr Corc: Prc Located Corc Strcct Regulations In order to "incubate" a District Core within the City Center District Zone, a new, Pre located Core Street is established. This Pre located ECPA-01-10 Strike-through text Page 7 of 22 7 L JJ ., E - � � Core Street is the basis for temporary regulatory restrictions on the entire }- EIE, City Center District as described in the following sections. These 9 restrictions insure that a critical mass of clustered ground level retail 71 shops is established along a pedestrian oriented street frontage in the j11, core of the district before a more diffuse pattern of retail is allowed to 1--- develop. Once the Minimum City Center Core is fully constructed, 0 these Pre Located Core Street regulatory restrictions will no longer be in Pre Locat..City Center Core Street effect. Pre-L. ed Street B- a) Pre located Core Street i) The creation of the City Center Core shall begin along the Pre Located Core Street(Street A) shown in the City Center:Pre Located Core Street Map to the right side of this page (this pre located street is consistent with the Figure 2.3.1 (2)Pre Located Streets map.) ii) The location of the Pre Located Core Street may be changed in a manner consistent with the intent of Book I, with the approval of the Community Development Director/Designee. In any case, the Core Street must be at least 600 feet long. b) Minimum City Center Core The minimum City Center Core shall be established when the entire length of the Pre located Core Street is built out with continuous City Center Retail Shopfronts and 100 percent frontage coverage on both sides of the street (unless a part of the frontage along the Pre located Core Street is public open space associated with a civic building. c) Core Street Development Temporary Restrictions i) Core Street Development restrictions shall be effective only Example of City Center Core Development Satisfyin: AFTER a final Binding Site Plan 1v I . urn City Center Core Policies (BSP) establishing the City Center Core Street is approved. - MOM ILI I IL ii) After the final BSP creating the �•: tib ii' a4113 City Center Core Street is .Iit$L approved, City Center Retail i;, �. �I= only permitted: • — ...•3 : {1) In shopfronts along the Pre • ; •• o located Core Street s� {r�! Mp,eway H�W� lei !E' --. f (2) In shopfronts that continuously extend from Example of a City Center Core Layout shopfronts along the Pre located Core Street: (a) Along the south side of Sprague Ave. (b) Along other new Core Streets south of Sprague Ave. (c) Along the west side of University Rd. (d) Along the north side of Appleway Blvd. iii) The pre located core street shall be considered fully built out after permits are issued for buildings lining and facing both sides of the Pre located Core Street,City Center Retail shall be permitted on all properties within the City Center District Zone as determined by the City Center District Zone Regulations, Section 2.22,Building Use. d) Core Street Configuration&Design ECPA-01-10 Strike-through text Page 8 of 22 i) All new Core Streets shall be designed as specified in Section 2.3 /Street and Open Space Regulations. i) As shown in the City Center: Pre Located Core Street Map to the right side of this page, a new street (street B) shall be built connecting the Pre located Core Street(Street A) and the planned civic facilities described in Section 3.1.1 (this pre located street is consistent with the Figure 2.3.1(2) Pre Located Streets map). ii) The location of the Pre Located Core Street may be changed in a manner consistent with the intent of Book I,with the approval of the Community Development Director/Designee. l 1L= Jl L J , IL Il U ,l 11_ Sp rague Ave- 'Prdocated Core Street Sprague Ave. PrdncatediieeStreet in pr- 7 0 IPP" Ii' .©'. ` Cpf , 1 ,,.A .. ., a a =! _01 �_� Ioop ,�FE I ri, _ , mple of Core Streets Example o ire Development Layout Streets Layout The following special regulations apply to new Core Street development along Sprague Ave., pre located Street B (described above and shown in the City Center:Pre Located Core Street map to the right side of this page), and Other streets: i) Core Street Development with a Retail Anchor Store: (1) Surface parking lots serving the anchor store may be exposed to the following streets in combination with the minimum frontage coverage exceptions indicated: (a) Sprague Ave: 50%minimum frontage coverage (b) Street B: 80%minimum frontage coverage (c) Other Streets: 0%minimum frontage coverage ii) Core Street Development without a Retail Anchor Store: (1) Surface parking lots serving this Core Street Development may be exposed to the following streets in combination with the minimum frontage coverage exceptions indicated: (a) Sprague Ave: 70%minimum frontage coverage (b) Street B: 80%minimum frontage coverage (c) Other Streets: 20%minimum frontage coverage ECPA-01-10 Strike-through text Page 9 of 22 2.1.1 City Center District Zone Development Regulations Matrix- Remove .,c P....ar .r...rrr...... ..:5Y...2...w la ..h-..11. ey..l......1..�+..w`+. ,r.� ..rw�.. ..I rn U..ar.vr..rg.. 4w..... ..1i �w-alai u..AI r...a,.+mr.. w.....v..y I.w..w�r...s.r.�..a.....r.rr..rrn ....�.1.r..r, ... ...., _.,S r—r -:1.1......40,.. 1.17{,... hhll+t .1.. .1....1..........a....-..aY.81..Y 2.1.1.Ci Center Di- " Zane o. rrrW.. �. .. r—.w m.w ur.�. .r...err . .., krr....41 t.....a Mir.... , ,....,.+�.,.. la+iNwwrlf...r®o...,.r.+..ri...,. 1 ...'........'.w i,.. �u ..tea .�.. r.r e }.i..rw kA .._.J - 11" i. Ali N.., .. __.... rI 1.^.4� - 1, ...., ...Ms #,m.a ...1�r.. d.s.i if/ri1• .�P..r. �.I_ `v`.v1F h...II.. . - - - _ _ ._ .y_ '.r.Y+raelHa.r _ - - �. I.V.YCT ;. a... a... a l... — - - N...1 ,a N—... , ch.1 naaa ..... en .,{tirb sr.rait—. - .`. ...11. . I as I r. .. ... .. I I .,4w.w ram i.....� 1 02 „� my 2.2.1. BUILDING ORIENTATION 2 "Front Street" and"Side Street" Classifications: Some regulations throughout Book II refer to "Front Streets"and"Side Streets." For the purposed of this Specific Plan,these terms are defined as follows: i) Front Streets shall include Sprague Avenue, Appleway Boulevard,City Center Core Street and City Center Street"B". ii) On corner properties along Sprague Avenue or Appleway Boulevard, Sprague Avenue or Appleway Boulevard shall be Front Streets, and all cross streets shall be Side Streets. The only exception to this is in the instance of the corner of the City Center Core Street at Sprague Avenue, in which case both Sprague Avenue and the Core Street shall be classified as Front Streets. ECPA-01-10 Strike-through text Page 10 of 22 2.2.2. BUILDING USE 1) Retail a) City Center Retail i) Permitted Uses: {1) City Center retail anchors, including- supermarkets, pharmacies, convenience stores, junior department stores and general merchandise "anchor retail" and"superstore" uses particularly those not specializing in the sale of large scale goods. (2) Retail sales&services,including the following: (a) Specialty food retail, including the following and similar specialty foods: chocolate/candy; general gourmet; ice cream; pastry/desserts; yogurt/dairy; doughnuts/bakery; wine shops and wine tasting and similar specialty foods. (b) Specialty goods retail, including the following and similar specialty goods uses: cooking supplies/culinary; general house wares; decorator/arts and design centers (including tile, floor and wall coverings); specialty hardware; antique stores selling high quality used goods (this category excludes thrift and second hand stores);party supplies; lamps/lighting; household accessories;books/magazines/stationary;music/instruments. {c) Quality goods and services, including the following and similar uses: small crafts; specialty goods; bicycle shops; outdoor/sports clothing and supplies; toys/games; cards/gifts; jewelry;watches/clocks/plants;beauty/cosmetics; flowers;quality consignment stores (3) Eating and Drinking Establishments including the following uses: (a) Restaurants serving alcoholic beverages or providing entertainment provided this activity is clearly ancillary to food service. {b) Beverage vendors serving coffee, smoothies,juices,and other nonalcoholic beverages. {c) Chairs and tables for outdoor dining and carts for merchant display and sales (i.e. hot dog carts)may be permitted in the public right of way(i.e. in sidewalk areas)provided that: (i) The use maintains a minimum five foot wide unobstructed portion of sidewalk corridor which is clear and unimpeded for pedestrian traffic. (ii) The use keeps the full width of the building entrance clear and unimpeded for building access. (1) Entertainment&recreation uses,including the following: (a) Movie theaters and private performing arts theaters. {b) Recreational uses such as bowling, roller skating and ice skating rinks, dance halls; in all cases the serving of alcohol must be clearly ancillary to the recreational use. {c) Music venues, dance halls, billiard rooms not serving alcoholic beverages, or those serving alcoholic beverages,provided this activity is clearly ancillary to food service. (5) Art galleries and display spaces with a retail component. (6) Health and exercise clubs. (7) Banks and financial institutions (8) Business services businesses that generate a significant amount of foot traffic, such as computer and office supply, photocopy shops, photo finishers, and print shops excluding sales and storage of heavy equipment. ECPA-01-10 Strike-through text Page 11 of 22 (9) Personal services especially those types of services that are particularly neighborhood oriented including the following and similar services: photo shops,travel agencies, hair and nail salons, spas,beauty or barber shops, shoe repair. (1) Bars and nightclubs and casinos, including e- .: ' -• . . - - . -• , . establishments serving alcoholic beverages not clearly ancillary to food service. (2) Farmers Markets and other seasonal sales. (3) Other similar and compatible uses deemed by the Community Development Director/Designee to meet the purpose and intent of the Plan. . ' - - . • e. may not be applied to use conversion in an existing building. (2) Drive up/drive through windows are allowed for permitted uses listed above with direct access to Sprague Avenue. iv) Prohibited Uses: (1) Bail bonds offices (2) Gas Stations 2.2.5. Public Frontage Improvements 2) Sprague Avenue a) City Center District Zone: i) North Properties: The future curb and back of sidewalk will correspond approximately to the existing curb and back of sidewalk. (1) Prior to Streetscape Improvements: Public Frontage shall be constructed by developers as development occurs and Private Frontage/Front Setback Area treatments shall be built to the existing back of sidewalk. (2) Following Streetscape Improvements: an in lieu fee shall be required to cover improvements as- constructed. sconstructed. ii) South Properties: The future curb will be relocated and the future back of sidewalk will be located approximately 10 feet south of the existing right of way. (1) Prior to Streetscape Improvements: an in lieu fee for future improvements shall be required, Private Frontage/Front Setback Area treatments shall be built to the future back of sidewalk,and temporary sidewalk improvements shall be built between the existing back of sidewalk and the future back of sidewalk. (a) For large developments, the entire public frontage may be required to be built as (2) Following Streetscape Improvements: an in lieu fee shall be required to cover improvements as- constructed. sconstructed. ECPA-01-10 Strike-through text Page 12 of 22 Remove figure 2.2.5 2)a)ii) City Center North Properties Remove figure 2.2.5 2)a)ii) City Center South Properties 2.3.1. STREET STANDARDS 6) Street Types New streets within the Plan Area are also recommended to incorporate bike routes that enhance the Comprehensive Plan's Bike/Pedestrian System. Appropriate pavement markings and signage shall be installed where appropriate. There should also be bicycle parking facilities appropriately located in the City Center District Zone. a) Core Street i) Purpose: Organize the primary public realm to create an environment suitable for shopping and and unobstructed to provide ample room for pedestrians to walk, and to encourage activities ii) Components (1) On street parking oriented parallel or at a 15 degree angle to the curb. (2) Each block shall have a single species of large, open habit deciduous trees with a maximum spacing of 10 feet on center. Trees should be located in tree grates that are flush mounted at the back of curb,or may be located in islands within the parking lanes. (a) Trees should be maintained in a way that provides unobstructed views to showroom windows and building signage. (3) Pedestrian scale decorative street lighting in sidewalk with a maximum spacing of 80 feet on center.Light source should be located 11 13 feet above finished grade. (1) Fire hydrants shall be located on both sides of the street and installed at street corners wherever possible. ECPA-01-10 Strike-through text Page 13 of 22 2.4.2. PARKING STANDARDS 2.4.2 PARKING PROVISIONS Permitted Maximum Permitted Minimum Parking Shared Parking Location of Use Categories Parking Provided Requirement w/Surface Parking Requirement Required Parking x 1-Retail(except for corner store) on site,or on 3 space/1,000 sf or in street spaces a)in City Center lieu fee 1 space/1,000 sf Required within 500 ft on-site,or on- 3 space/1,000 sf or in- street spaces b)in Neighborhood Center lieu fee 4 space/1,000 sf Required within 200 ft on-site,or on- street spaces c)in other District Zones 3 space/1,000 sf 5 space/1,000 sf Not Required within 500 ft 2-Corner Store Retail on-site,or on- Required only in street spaces 3 space/1,000 sf 4 space/1,000 sf City Center within 200 ft 3-Eating and Drinking Establishment on site,or on street spaces a)in City Center 9 space/1,000 sf 10 space/1,000 sf Required within 500 ft on-site,or on- street spaces b)in Neighborhood Center 6 space/1,000 sf 10 space/1,000 sf Required within 200 ft c)in other District Zones 12 space/1,000 sf N/A Not Required on-site 4)Entertainment&Recreation on site,or on street spaces a)in City Center 6 space/1,000 sf 10 space/1,000 sf Required within 500 ft b)in Gateway Commercial Center 12 space/1,000 sf N/A Required on-site 5)Vehicle Sales&Services 3 space/1,000 sf (for showroom) 5 space/1,000 sf Not Required on-site 6)Civic,Quasi-Civic&Cultural JIM on-site,or on- a) in City Center & street spaces Neighborhood Center 3 space/1,000 sf 4 space/1,000 sf Required within 500 ft ECPA-01-10 Strike-through text Page 14 of 22 2.4.2 PARKING PROVISIONS Permitted Maximum Permitted Minimum Parking Shared Parking Location of Use Categories Parking Provided Requirement w/Surface Parking Requirement Required Parking* Ada d= on-site,or on- street spaces b)in other District Zones 4 space/1,000 sf N/A Not Required within 500 ft 7)Office on-site,or on- I a)in City Center &Neighborhood street spaces Center 2.5 space/1,000 sf 3.5 space/1,000 sf Required within 200 ft on-site,or on- street spaces b)in other District Zones 2.5 space/1,000 sf 4 space/1,000 sf Not Required within 500 ft 8)Lodging aft on-site,or on- a)in City Center &Neighborhood street spaces Center 1 space/guest room 1 space/guest room Required within 200 ft b)in other District Zones 1 space/guest room 1.5 space/guest room Not Required on-site 9)Live-Work AM on-site,or on- 1 space/unit+0 1.5 space/unit+l street spaces space/employee space/employee Not Required within 200 ft 10)Residential M 1 space/studio 1 space/unit 1 space/lbr unit 1.5 space/lbr unit 1 space/2br+unit 2.5 space/2br+unit 2 guest space/10 DU 4 guest space/10 DU Not Required on-site * On-street parking within the indicated distance may be counted toward minimum parking requirement with the approval of the Community Development Director/Designee 2.5.4. ARCHITECTURAL ELEMENTS 1) Facade e) Windows ii) Guidelines (1) Form: (ii) In the City Center and in Neighborhood Centers,a vertical proportion of window panes or window openings(3:2 to 2:1 height:width ratio)should typically be used. Openings may be composed of a series of vertically proportioned panes or frames. ECPA-01-10 Strike-through text Page 15 of 22 Color ii) Guidelines (1) By District Zones colors of existing historic Spokane Valley buildings. In general, these include medium light colored accents), natural stone cladding : : : : or wood siding, according to architectural style as well. 2.6.1. GENERAL SIGNAGE REGULATIONS 2) Standards 1) Animated signs are permitted as follows: a. In the Gateway Commercial Center and Gateway Commercial Avenue Zones. b. Anywhere along Sprague Avenue EXCEPT in City Center District Zone (animated signs are prohibited in the City Center District Zone). 16) Billboards shall be regulated by Section 22.110.130 SVMC„EXCEPT that relocated billboards are prohibited within the City Center District Zone. Further,in all other zones within the Subarea Plan billboards may be constructed only on Sprague Avenue. Figure 2.1 District Zone Map — remove CCT and add MUA designation 2.6.2 Sign Type Regulations 5) Monument Signs iv) Monument Signs shall not exceed a maximum height of seven(7)feet above grade.v) The maximum area of a Monument Sign for permitted District Zones shall be as follows: (1) City Center Non Core Streets:32 square feet. ECPA-01-10 Strike-through text Page 16 of 22 rri FIG.2.6. SIGNAGE REGULATIONS CHART O 2.6 SIGNAGE REGULATIONS '7:5', i-- 4 2,1.1 City Center 2.1.2 2.1.5 Gateway 2,1.6 Gateway 2.1.3 Mixed•Use 2.1.4 Community 2.1 District Zones Neighborhood Commercial Commercial o Co Streets Non-Core reels Center Avenue Boulevard Avenue Centers 1-Grand Projecting Sign p- tiled permitted — — permitted 2-Marquee Signs per -ted per, itted permitted permitted permitted CD 3-Wall Sign perm d p, fitted permitted permitted permitted permitted permitted 4-Roof Sign permtt.i , rmitted permitted permitted — permitted permitted 5-Monument Sign -- permtted permitted permitted permtted permitted permitted 6-Freestanding Sign -- -- --- permitted -- permitted permitted 7-Blade Sign permtted permitted permitted permitted restricted permitted permitted 8-Projecting Sign permitted permitted permitted permitted restricted permitted permitted 9-Awning Face Sign permitted permtted permitted permitted restricted permitted permitted 10-Awning Valance Sign permitted permitted permitted permitted restricted permitted permitted 11-Awning Side Sign permitted permtted permitted permitted restricted permitted permitted 12-Above Awning Sign permitted permitted permitted permitted _ restricted permitted permitted 13-Under Awning Sign permtte• permitted permitted permitted restricted permitted permitted 14-Canopy Fascia Sign _ permit ,ermined permitted permitted restricted permitted permitted 15-Above Canopy Sign permit -d p. minted permitted permitted restricted permitted permitted 16-Under Canopy Sign per led pe itted permitted permitted restricted permitted _ permitted. 1?-Recessed Entry Sign per tied per ted permitted permitted restricted permitted permitted 18-Window Sign p- mtted _ permit •d permitted permitted restricted permitted permitted 19-Time and Temperature Sign ,ermtted permitt- permitted permitted — permitted permitted _ 20-Building Identification Canopy Fascia Sign permtted _ permitted permitted _ permitted permitted w permitted permitted 21-Building Identification Wall Sign permitted permitted permitted permitted permitted permitted permitted _ 22-Building Identification Window Sign permitted permitted permitted permitted permitted permitted permitted 23-Temporary Signs See&1 C Chapter 22.110 for temporary sign regulations for all district zones b Legend: --.Not Permitted o Permitted.These signs are allowed,by right,as indicated. 1-1-, Restricted:Signs are restricted to corner stares only. Book III Preamble The revitalization of the Sprague Avenue and Appleway Boulevard Corridors and the development of the new City Center will be a program of actions and investments. Given the substantial length of the corridor and the multiplicity of needs represented, this program will need to be implemented in phases over an extended period of time in accordance with the availability of City resources. The prioritization of City Actions will be guided by the goals and strategies outlined in Book I of this Subarea Plan. Complementing the regulatory controls contained in Book II, the strategic investment of limited public resources planned in this chapter are intended to accelerate the revitalization process and add to the appeal and success of the corridor as the central spine of the Spokane Valley community. City Actions will be guided by the community intent described in Book I.As opportunities arise that were not known at the time of this Plan's adoption, the City may consider alternative investment strategies and projects to more effectively realize the community vision for the Sprague and Appleway Corridors. 3.1. THE CITY CENTER The Sprague and Appleway Corridors Subarea Plan identifies the vicinity around the intersection of Sprague and University as the future City Center for Spokane Valley. The Center will be the community's living room, with shops, restaurants, civic buildings, residences and public plazas all contributing to a new urban environment and central community gathering place. The City recognizes that the envisioned center will be built in cooperation with property owners and with support from community. Public/private partnership opportunities will be explored; however, the City does not intend to play the part of"developer". The property owners and the City will look for investment opportunities that will have a high probability of instigating the type if development that i5 envisioned by this Subarea Plan and supported by the community. During development of this Subarea Plan, the City's consultant developed a conceptual master plan for the first phase of the City Center. The City will consider the following list of strategies and tools in its effort to attract developers who will transform the concept into reality: 1. Identify opportunities for public information and involvement in the design and implementation of the City Center, especially the public spaces. 2. Encourage private developers to involve the community in the design of the City Center. 3. Adopt, monitor and adjust zoning controls that will allow a City Center to be built, in a form that is consistent with the City's vision. 1. Identify and pursue funding mechanisms for necessary infrastructure improvements that will support the development of City Center. 5. Prepare a SEPA/Planned Action ordinance for the area identified as the City Center. 6. Purchase a site for future City Hall. 7. Support the efforts of the Spokane County Library District to locate and construct a library as a civic anchor in the City Center. 8. Support other civic entities to locate in the City Center. ECPA-01-10 Strike-through text Page 18 of 22 3.1.1. CITY CENTER CIVIC FACILITIES The envisioned City Center will be a place where families and friends can gather, shop, dine and live. It is also a place that intends to include important public spaces, such as plazas, gardens, fountains, green spaces and outdoor seating. These areas will be designed with the intent of establishing the City Center as the place the community gathers and interacts. Therefore these public spaces will be designed and located so they are pleasant and fun to spend time in. Since these spaces will become the communities "living room" where people gather and share, the City will extensively engage the residents in the design process. The City also intends to purchase land and construct a City Hall. The City Hall will help establish the civic identity for the center and it will be efficient and comfortable for people to do business. It will be constructed using sustainable "green"practices. The City will encourage other civic uses to locate in the City Center. These could include a new library, fire district offices and the offices of other government purposes. 3.12.1. STAGING THE STREET NETWORK IMPROVEMENTS 1) Stage 1: Establish the Transportation Framework Sprague Avenue is poised to become Spokane Valley's Main Street, and indeed is one of the primary streets of the proposed City Center. However,its present state limits it from supporting a strong activity center. Its roadway design prioritizes speed and through movement. In order to enable the City Center tThe City will reclaim Sprague Avenue to better function as an urban retail street; as this reclamation happens, Appleway Boulevard must be extended and configured to two-way traffic to complement Sprague Avenue and enhance the overall capacity of the street network. 2) Stage 2: Strengthen the City Center and Extend the Network In order to further enable the City Center tThe City will continue to reclaim Sprague Avenue to better function as an urban retail street; as this reclamation happens, Appleway Boulevard must be extended and configured to two-way traffic to complement Sprague Avenue and enhance the overall capacity of the street network 3.3. STREETSCAPE SEGMENTS MAP 1) Sprague Avenue City Center City Center Boulevard. Along Sprague Avenue within the City Center, Sprague Avenue will consist of four through lanes, a landscaped center median with left turn pockets, a parallel parking lane along the north side of the street and a protected access lane with angled parking along the south side of the street. This street design will maintain the existing back of sidewalk along the north side of the street and require a new back of sidewallc along an expanded right of way along the south side of the street. Streetscape elements include: North Side • A ten(10)foot sidewalk along the back of curb and an eight(8) foot parking lane oriented parallel to the curb. • Boulevard scale and pedestrian scale decorative street lighting with banners located within the sidewalk with a maximum spacing of 80 feet on center. Light source should be located 25 35 feet above finished grade for boulevard scale street lighting and 12 11 feet above finished grade for pedestrian scale street lighting. ECPA-01-10 Strike-through text Page 19 of 22 • A single species of large, moderate density, deciduous trees located in planting wells within the parking lane and/or in flush tree grates along the back of curb with a maximum spacing of 10 feet on center. South-ale • A 15 foot sidewalk along the back of curb and a six (6) foot planted median located between the street and access lane. • Boulevard scale decorative street lighting with banners located within the access lanes planted median with a maximum spacing of 120 feet on center. Light source should be located 25 35 feet above finished • Pedestrian scale decorative street lighting located within the sidewalk with a maximum spacing of 80 feet on center. Light source should be located 12 11 feet above finished grade. • A single species of large, moderate density, deciduous trees located within the access lanes planted median and in flush tree grates along the back of curb with a maximum spacing of 10 feet on center. Following the successful instigation of a new City Center,the City will consider locating and building a City Center landmark to highlight the City Center. It will memorialize the City Center's location and help direct people into the City Center from Sprague Avenue. .31 SMPIrMit-L 0 s - _. �_ 1 - 41 CS a4./.en. E. - —_- r 7.-7 ..-H-_-..-_-I-I __r I !7.1' + E iT r _ -- - F. c- :3 _+ w.! . 1 Mit mu,. �av/Yr • lar.Y. we4-o ti.'`141 Fnfw.J + r - North Side South Side ECPA-01-10 Strike-through text Page 20 of 22 1 o .j r }: -:.` \ ... ■ r / I / �. f � i 14 P. 1. 0 I jj 411171*N.I_ i , , H Ci Center::I okt ..,:....' Imo mg- 41 .11"'.1.-. awn ":9SS:6'11:11 1 _ _ _ i 1 .1.1 moi; ., {�1�. S 10 i.,,.: :1� „. ern ,... I�i9911 BUIR .4 r _ Core 'et Inters ction ` I 1 —' -' I omit ... . a 9 - 1/2. .- , 1. 1., it, ,._. 41 __ __ _ ! . , , i ,— ..—4, „!v. El'it' „,/ „, _s _____ , , i„,..,\, ,.„ ,. .. , _ _ North Side South Side North Side South Side 764 City Gateway The City will consider locating and building a City Gateway near the intersection of the future I-90 off-ramp and Sprague Avenue that announces entrance into the City of Spokane Valley,and helps direct visitors to the City Center. The potential location of a city gateway is shown in Fig3.3 Streetscape Segments Map. ECPA-01-10 Strike-through text Page 21 of 22 GLOSSARY • •• : - - -- -: .- .--; - -- .- ::---- -it satisfies all Corc Strcct regulations. Core Stfeets provide active "Main Street"like shopping and entertainment environments. ECPA-01-10 Strike-through text Page 22 of 22 This is supplemental information from council meetings - RCA from 10-26-10 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 26, 2010 City Manager Sign-off: Item: Check all that apply:❑ consent ❑ old business ® new business ❑public hearing ❑ information ❑ admin. report n pending legislation AGENDA ITEM TITLE: Motion Consideration: to refer an emergency amendment to the Comprehensive Plan,to the Planning Commission, deleting all provisions within the Sprague and Appleway Corridor Subarea Plan (the "Subarea Plan") relating to the City Center designation as well as an amendment to the Uniform Development Code deleting all provisions relating to the City Center District Zone and substituting the Mixed Use Comprehensive Plan designation and Mixed Use District Zone. CONTROLLING LEGISLATION: RCW 36.70A.130 (1)(d), (2)(a) and (b); Spokane Valley Comprehensive Plan, Books One, Two and Three of the "Subarea Plan");, Spokane Valley Municipal Code, Sections 17.60.010 Implementation of Comprehensive Plan, 19.30.010 Comprehensive Plan text and map amendments, 19.30.030 Area-wide rezones, 19.30.040 Development regulations text amendments, 19.60.090 City Center requirements,19.110.020 Spokane Valley Sprague and Appleway Corridors Subarea Plan, Specifically Appendix D. BACKGROUND: The City Council adopted the Subarea Plan in September 2009, with an effective date of October 15, 2009. Since that time the council has, by motion, placed the entire Subarea Plan on the annual comprehensive plan amendment docket for review. On October 5, 2010 the council reviewed options to change a portion of that plan, the City Center designation, on an emergency basis. This hearing was schedule to consider a motion to send changes to both the Comprehensive Plan and the Uniform Development Code to the Planning Commission for consideration. The basis for the change is as follows: 1. In the last 12 months, since the adoption of the Subarea Plan, the City's revenue forecast has continued to deteriorate. Specifically, sales taxes are projected to decrease from 2010 to 2011 by $400,000 and property taxes from 2010 to 2011 by$100,000. Funds available from the real estate excise tax have decreased from a high of approximately$2.2 MM in 2007 and 2008 to approximately$900,000. 2. Funds available for significant private development are not as available and significant failures of large commercial investments within the City have occurred. 3. The economic development anticipated by the Council when the ordinance adopting the Subarea Plan was passed in September of 2009 has not occurred. 1 4. The restrictions on development within the City Center zone, as well as the design requirements, contemplate significant public investment involving both the purchase of property and construction of a City Hall as well as adjacent infrastructure improvements. The projected 2011 budget does not contemplate the purchase of any property with the City Center zone and funds available for the construction of City Hall are projected to be reduced by$2.2 MM to fund other capital projects. 5. Because there is little likelihood that any significant investment will occur by the City,the City Center zone, as currently configured and restricted, creates significant immediate economic hardships for the property owners within that zone. Based upon these facts an emergency exists and an immediate change to the Comprehensive Plan pursuant to the RCW 36.70A.130 (2)(b) set forth above may be appropriate. 1 The above described action will require changes to specific portions of the Comprehensive Plan, Subarea Plan,Book One as follows: 1. The deletion of Section 1.2 INTENT, subsection(3) Instigate the construction of the first City Center for the new City of Spokane Valley, 2. The amendment of Fig. 1.1 Urban Design concept: Pattern of Centers and Segments, eliminating the City Center Core and neighborhood designation and replacing it with Mixed Use Avenue; 3. The deletion of Section 1.4, subsection 1, (a) , (b) and (c), The City Center, The City Center-Core, The City Center-Sprague Avenue and The City Center-Neighborhood as well as fig 1.2-1.11; and 4. The amendment of Section 1.5 Corridor Revitalization Strategy by deleting subsection 1 Place highest priority on the realization of the community's dream of a City Centers(a) Move Swiftly, (b) Public —private partnership, (c) City Center must come first and(d)Flexible entitlements. The above described action will also require changes to the Spokane Valley Municipal Code as follows: 1. The amendment of Book Two of Exhibit D as identified in the Spokane Valley Municipal Code, Section 19.110.020 as follows: a. The deletion of Book Two Section 2.01 (1)The City Center District Zone; 1 b. Amend fig.2.0.3 How to use the Development Regulations deleting the section relating to City Center; c. Amend fig. 2.1 Deleting The City Center-2.11 District Zone and Replacing it with the Mixed Use Avenue-2.1.3 Designation; d. Delete Section 2.1.1 City Center District Zone,including all subparts and regulations; e. Delete reference to "City Center Core Street" and "City Center Street B" from Section 2.2.1 (2) "Front Street"and "Side Street" Classifications; f. Amend Section 2.2 Building Use by deleting section 2.2.2 (1)A, City Center Retail; g. Amend Section 2.2.5 Public Frontage Improvements by deleting section 2.2.5 (2) (a) City Center District Zone and fig. 2.2.5 (2) (a) (ii) City Center North Properties and fig.2.2.5 (2) (a) (ii) City Center South Properties; h. Amend Section 2.3.1.5 (6) Street types by deleting(a) Core Street; i. Amend Section 2.4.2 Parking Standards by removing reference to City Center in chart 2.4.2 Parking Provisions along with the adjacent requirements; j. Amend Section 2.6.1 General Signage Regulations, Subsection (2) by removing references to City Center District Zone from (2) (9)and(2) (16); and k. Amend fig.2.6 Signage Regulations chart by deleting Section 2.1.1 City Center. 2. The amendment of Book Three of Exhibit D as is identified in the Spokane Valley Municipal Code, Section 19.110.020 as follows: a. Delete the words, "and the development of the new City Center"from the preamble; b. Delete Section 3.1 The City Center, Section 3.1.1 City Center Facilities; c. Eliminate Section 3.3 Streetscape Improvements, Subsection( 1) Sprague Avenue-City Center;and d. Delete the following defined words: Core Street. References to traffic direction and/or circulation on Sprague and Appleway or to the extension of Appleway contained within the Subarea Plan are not included above and would not change without further council action. OPTIONS: Approve or disapprove the motion. RECOMMENDED ACTION OR MOTION: Council Discretion. The motion would be: "I move to refer an amendment of the Comprehensive Plan to the Planning Commission for consideration to delete all provisions of the Subarea Plan, Book One, that relate to the City Center designation as well as an amendment of the Uniform Development Code to delete all provisions of the Subarea Plan, Books Two and Three, that relate to the City Center District Zone, and to re-designate the properties affected, as Mixed Use Corridor in the 2 Comprehensive Plan (Book One) and the Uniform Development Code (Book Two), and to amend the Comprehensive Plan Map and Official Zoning Map to reflect the same. This motion is made on an emergency basis pursuant to RCW 36.70A.130 (2)." BUDGET/FINANCIAL IMPACT: NA STAFF CONTACT: Kathy McClung, Community Development Director ATTACHMENTS: 3 DRAFT Supplemental information - council minutes from 10-26-10 At 9:00 p.m., it was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to extend the meeting for one hour. Councilmember Grassel said she feels SARP might have had good intentions, but it has created unnecessary dissention and it defies common sense; said she feels it was great to have taken this year to review the comp plan and invite business and property owners to come review it, and said that many of those owners told her they had no idea of the number of sub-categories they would have to adhere to; and said she finds it interesting that members of this council who have spoken against this plan, have no concept of running a business; that they have never taken money out of their life savings to open a business or ever spent time running a business, or signing the front of a paycheck or not taking a pay check so you can pay your employees; and as policy makers she said she finds it appalling that this plan went through without understanding the consequences that were being directed to business owners; and said as council goes through this process, she hopes a number of ideas will be developed; and said that 85% of people told her that they went to those previous meetings and were basically shut down as the plan was in place and there was no opportunity for members of the public to invest their ideas. Deputy Mayor Schimmels said he has had conflicts with this plan for the last one and a half years;that he didn't vote for it; that he could see somewhat of the stance that we may be in today and said we are there deep; said you can't treat business as council tried to treat them and succeed; said he feels we tried to do too much too soon; that regarding the couplet, said he has always said leave Sprague alone but would never offer to spend any of our city money on anything west of Argonne/Mullan;that he thinks there is a natural intersection there for the one-way in all directions;that it was the original county plan and said he feels it should stay that way; said Council does have a plan and the number one thing is to reverse SARP; and said the bottom line is to enable business to survive in the valley. Mayor Towey said that SARP has been around for quite a while and lots of discussion held on its pros and cons; that his concern is the health of the small business, not twenty years from now but right now; and asked if council is putting road blocks in front of those businesses that wake up every morning and go to work and "pound it out every day." Mayor Towey asked if we are putting obstacles in front of them or encouraging them to make a profit. He said he started as a candidate a year ago February and made his view known that he intended to end the SARP, and said he is going to honor all those who voted for him and that he will vote for the process to begin regarding repealing SARP.At the request of Councilmember McCaslin, City Clerk did a roll call vote: In Favor: Mayor Towey, Deputy Mayor Schimmels, and Councilmembers McCaslin, Grassel, and Grafos. Opposed: Councilmembers Gothmann and Dempsey. Abstentions:None. Motion carried. 3. Motion Consideration: Emergency Comprehensive Plan Amendment for City Center Zone — Kathy McClung It was moved by Deputy Mayor Schimmels and seconded to refer an amendment of the Comprehensive Plan to the Planning Commission for consideration to delete all provisions of the Subarea Plan, Book One, that relate to the City Center designation as well as an amendment of the Uniform Development Code to delete all provisions of the Subarea Plan, Books Two and Three, that relate to the City Center District Zone, and to re-designate the properties effected, as Mixed Use Corridor in the Comprehensive Plan (book One)and the Uniform Development Code (Book Two), and to amend the Comprehensive Plan Map and Official Zoning Map to reflect the same. This motion is made on an emergency basis pursuant to RCW 36.70A.130(2). Attorney Connelly said that this is the motion to begin the public process to consider an emergency amendment to amend the comp plan and the Uniform Development Code to repeal the city center designation in its entirety and replace it with a mixed use zone; he said this is brought forward separately as an emergency plan, because it would have become effective, if the process was completed, sometime around the end of the year as opposed to being a part of the annual Council Regular Meeting 10-26-2010 Page 8 of 10 Approved by Council: DRAFT comprehensive plan changes that will become effective some time in the spring of next year when the annual comp plan process is complete. Mr. Connelly said the council packet material lists the state regulatory statutes dealing with this issue, as well as a previous memorandum he supplied about a month ago outlining the legal basis for this approach. If this process goes to the Planning Commission and comes back to Council,he said,the findings in an ordinance will be based in large part on the record that is being developed; and said a number of findings that could be included are also listed in the council packet materials, and gave as an example the revenue forecasts that we anticipated a few years ago will not be realized,that sales and property tax will be significantly lower; and that there doesn't appear to be funds for significant development at this time, and that the assumed public contributions to a city center, i.e. a City Hall, infrastructure improvements, and other public buildings that were going to foim the catalyst for this downtown center, are not happening and are not included in the 2011 budget; and what's left are the restrictions without the benefits, which in some opinions creates an economic hardship and could create an emergency if that is council's choice. Mr. Connelly said his materials identify exactly what would have to change, what would have to be removed from the comp plan and from the development code so the Planning Commission can examine the specific language and make a decision for a recommendation to Council; and said council's options are not to take this action and deal with city center as part of the overall review, which is probably the safety option in terms of potential challenges; or approve this motion which would send the matter to the Planning Commission on a fast track to then be returned to Council with the Commission's recommendation for final consideration; and he said the emergency provisions of the comp plan have been used by several communities in circumstances similar to that which is before council tonight, but they have not been tested, so there is no court of record case, and said it is always a bit of a question without that court guidance. Mayor Towey invited public comment; no comments were offered. Councilmembers Dempsey and Gothmann said they object to this process being called an emergency, and each said they would vote against the motion. Vote by Roll Call: In Favor:Mayor Towey, Deputy Mayor Schimmels, and Councilmembers McCaslin, Grassel, and Grafos. Opposed: Councilmembers Gothmann and Dempsey.Abstentions:None. Motion carried. 4. otion Consideration: _illative A.enda—Mike Jackson It w moved by De Mayor Schimmel and seconded to adopt the 2011 Legislative Agenda. City Manage ackson entioned that the items were re-ordered to reflect budget and policy requests, and he briefly wen , r the titles and issues, after which Mayor Towey invited public comment. No comments were offe +. ote by Acclamation: In Favor: Mayor Towey, Deputy Mayor Schimmels, and Counci iembers • .q/os, Gothmann, Dempsey and Grassel. Opposed: Councihnember McCaslin. Abst' tions:None. .tion carried. PUBLIC COMMENTS: Mayor Towey invited general public comments. Grant Rodkev, 424 S Sullivan Road: regarding law enforcement, he said it is becoming evident we have a problem developing with "light fingers on triggers." He said apparently the Creach family has hired investigators; mentioned an article he read about "sour grapes"and the increase of$3 million for law enforcement, and asked with the recent shootings should some of this be funneled to use tasers instead of live bullets where the officer's life is not threatened; said regarding a question of if we need more law enforcement in the valley, said every time he turns around he sees officers; and said he is concerned with them "serving and protecting" or "shooting and intimidating." Deputy Mayor Schimmels mentioned that the $3 million dollar figure is very bogus and not the case with our budget. ADMINISTRATIVE REPORTS: 5. Planning Commission Work Program—Kathy McClung Community Development Director McClung said that Council had asked for a schedule of items which had been discussed for the past weeks, and said that schedule is included in the council packet materials; she said she prioritized them as she thought Council wanted; said the two scheduled November planning commission meetings fall on holidays but the Commission has agreed to hold a special meeting Council Regular Meeting 10-26-2010 Page 9 of 10 Approved by Council: Supplemental council information - RCA from 10-5-10 Council meeting CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 5,2010 City Manager Sign-off: Item: Check all that apply: ❑consent ❑ old business ❑ new business ❑public hearing ❑ information® admin.report ❑ pending legislation AGENDA ITEM TITLE: SARP and the Comprehensive Plan Update;What has been accomplished in SARP-revisited; Other options to remedy immediate issues with SARP. GOVERNING LEGISLATION: See discussion below. PREVIOUS COUNCIL ACTION TAKEN:N/A BACKGROUND: The City Council has requested information regarding how SARP will be incorporated into the comprehensive plan update and asked if there are options that would resolve pressing issues. City staff will present where we are with the SARP-revisited; after which we are requesting council direction with their preference in how to address SARP in the upcoming Comprehensive Plan update. OPTIONS: There are several options available when the Sprague Appleway Revitalization Plan(SARP) is reviewed as part of the Comprehensive Plan update. Planning Staff are looking for direction from the City Council about which option they wish to pursue in order to pare down the amount of time to get it prepared for the process. Before exploring options, it is important to keep in mind what the original goals of the SARP were.The two primary goals were to concentrate particular uses to certain areas of the city to create economic vitality,and to improve the appearance of the Sprague Appleway Corridor. The code amendments that have been approved or are pending will reinstate many pre-SARP uses and have amended many of the aesthetic requirements that made the plan pedestrian oriented. The architectural building treatments have basically been left intact for new buildings. However, the thresholds for requiring any improvement to existing buildings are so high that it would be years before the corridor actually experienced any significant aesthetic improvement. Option 1-Revoke the SARP and go back to the 2007 pre-SARP zoning. The advantage to this option is that it is a clean process. The existing comprehensive plan supports the pre-SARP zoning so it would not have to be altered. There would be minimum public meetings needed and no additional work would have to be done to create new policies and regulations. Option 1 would open up the corridor for more uses which is contrary to the goal and intent of the original plan discussed above,and would significantly expand the types of uses allowed. This option would not address the surplus of retail uses the city has and may add to the surplus.Further, this option would not address the appearance of the corridor and will leave current buildings and properties in their existing condition should they redevelop. The current condition of the corridor deters some retailers who are concerned about image and aesthetics form locating here. Finally, there would be no requirement for aesthetic improvement of new buildings. Option 2- Start from scratch. Establish goals for each zoning district and write regulations and policies that support those goals. Option 2 would be time intensive, but thorough. First, the council would have to provide staff with specific direction concerning the goal for the entire corridor if different from the two goals identified above. Second, each zoning district would be addressed in a manner similar to how staff approached the recent SARP public meetings. Goals for each district would be adopted and then development regulations would be crafted to correspond with the new goals.This approach would help ensure that all districts are looked at holistically and complement each other. Several public meetings would be required to implement this option and public interest and participation may be lacking due to the number of significant changes in the last year to the plan, or may simply be polarized between those who support the existing plan and those who would rather go back to previous zoning regulations. This option will also require the greatest amount of work to recreate a new"SARP" in that both a comprehensive plan component as well as development regulations would have to be drafted,discussed and approved. Option 3-Only address the list of items that came out of the public forums conducted this past year. This option appears to involve less work than Option 2 but may result in a hodge-podge of regulations and policies that may not meet the original goals and may not necessarily make one zoning district work well with the others. As staff collected comments from the meetings the past year,there was significant representation at some meetings and not at others. Some people spoke up with or without property interest in the area and others that had property interest were silent. If we only move forward with comments that were made at the meetings,we may not be addressing the community's concerns but only those identified at the meetings. This approach may also take care of one problem and create others. New comprehensive plan goals and new regulations would have to be created for this option.This option would also require significant public participation and a year or more to complete. Option 4-Create a SARP overlay zone This option has been suggested as a way to preserve some of the elements of the existing plan. Overlay zones can be confusing to users as well as administrators.Another way to accomplish the same thing is to identify what elements are worth preserving and putting them in the regular code. Option 5-A hybrid of above. The council may want to mix some of the above into a new option.The Council could revoke SARP for a portion(s)of the area and do a more comprehensive look at another area(s). Option 6-Do nothing more. The council could decide that the code amendments either adopted or pending may be enough to address the majority of the public concerns about the Plan and do nothing more. RECOMMENDED ACTION OR MOTION: N/A BUDGET/FINANCIAL IMPACTS:N/A STAFF CONTACT: Kathy McClung,Community Development Director ATTACHMENTS: Progress Report on SARP-revisited and memo from Mike Connelly regarding adding auto sales in the city center. Supplemental council information - Memo from attorney Mike Connelly MEMORANDUM TO: Mike Jackson,City Manager,City of Spokane Valley,Kathy McClung, Community Development Director,City of Spokane Valley FROM: Michael F. Connelly,Koegen Edwards LLP DATE: September 29,2010 RE: Process Necessary to Amend City Center Development Regulations Allowing Vehicle Sales in City Center Zone The City Council (the "Council") of the City of Spokane Valley(the "City") has asked by what means vehicle sales, currently prohibited, could be allowed within the City Center zone. To allow such a use the Council would have to amend the current development regulations and, if the amendment is not consistent with the Comprehensive Plan, amend that document as well. The pertinent Comprehensive Plan provisions are found in Book One of the "Sprague and Appleway corridor Subarea Plan"(the"Subarea Plan")and state as follows: 1.2 "Intent" 3)Spokane Valley was incorporated in 2003, and does not contain an existing or historic downtown district. The Spokane Valley community intends to see to it that a new City Center is constructed. A City Center is defined, in this context to mean a compact and synergistic cluster of activity-generating shops, services and eateries sharing a walkable-scaled district core with civic buildings, urban style homes and workplaces, all organized around public space and pedestrian- oriented street environments. 1.4 "The Envisioned Future Corridors" ...the City Center will offer community services as well as commercial goods and services that cater to the entire City in a lively pedestrian friendly environment. 1.4(1) "The City Center" The City Center will provide the community with the center of its civic and social life. Citizens will be drawn to their center by shops, cafes, restaurants, community services, and by the offering comfortable public streets and plaza spaces to linger in when the weather is fine. And the busy streets and public places will be presided over by the first City Hall built to house the government of the new city, ...it will not be only one type of land use, but a mixture of uses and destinations—retail, entertainment, civic, residential, and ultimately places of work and lodging will be found there. See also Subarea Plan 1.4 (1) (a) "The City Center—Core" City of Spokane Valley,City Council September 29,2010 Page 2 Larger retail establishments will anchor new boutique retail, restaurants and with outdoor dining, and entertainment uses in mixed use buildings featuring continuous ground floor shop fronts. Shop windows and doors will adorn buildings with a high level of finish and detail... . Above these shops, residents, workers, and visitors will enjoy the excitement and convenience of the entertainment environment below while the soft, yellow light coming from their windows will add to the atmosphere... .The narrow streets, lined with street trees and decorative furnishings, will offer convenient parking spaces at the curb, with more spaces tucked behind buildings in lots and structures....buildings such as a City Hall and Public Library...will add to the long list of amenities that the Spokane Valley community will enjoy far into the future... . In addition, the Subarea Plan contemplates significant street improvements for Sprague Avenue. See Subarea Plan, 1.4(1)(b), "The City Center-Sprague Avenue." Finally"The City Center-Neighborhood"is described in the Subarea Plan Section 1.4(1)(c)as follows: ...the City's widest range of housing types, the greatest mixture of, homes, offices, and lodging, will begin to concentrate within walking distance of the City Center Core's theaters, shops, restaurants, cafes, nightlife, and amenities... . The Subarea Plan further contemplates that automotive sales will be located within the Gateway Commercial Avenue and Gateway Commercial Center zones as well as in Mixed Use Avenue zone pursuant to recent amendments to the Development Code by the Council. The Subarea Plan, then, does not contemplate uses that would include automotive sales within this City Center category. Consequently, an amendment to the Comprehensive Plan is required to allow this use. Statutory Methods to Amend Comprehensive Plan RCW 36.70A.130 states in pertinent part as follows: (1) (d)Any amendment of or revision to a comprehensive land use plan shall conform to this chapter. Any amendment of or revision to development regulations shall be consistent with an implement the comprehensive plan. (2) (a) Public Participation for ... updates, proposed amendments, or revisions of the comprehensive plan are considered by the governing body of the county or city no more frequently than once every year. Amendments may be considered more frequently than once per year under the following circumstances: (b) Except as otherwise provided in (a) of this subsection all proposals shall be considered by the governing body concurrently, so the cumulative effect of the various proposals can be ascertained. However, after appropriate public participation a county or city may adopt amendments or revisions to its comprehensive plan that conform with this chapter whenever an emergency exists or to resolve an appeal of a comprehensive plan filed with a growth management hearing board or with the court. City of Spokane Valley, City Council September 29,2010 Page 3 Options Option One: Amend the City Center category as part of the City's review of the Subarea Plan which will occur at the time of the City's annual review. This topic has already been docketed for consideration beginning in late 2010. Option Two: Amend the Comprehensive Plan pursuant to RCW 36.70A.130(2)(b) by declaring an emergency. Such an emergency may exist due to the following factors: 1. In the last 12 months, since the adoption of the Subarea Plan,the City's revenue forecast has continued to deteriorate. Specifically, sales taxes are projected to decrease from 2010 to 2011 by$400,000 and property taxes from 2010 to 2011 by$100,000. Funds available from the real estate excise tax have decreased from a high of approximately$2.2 MM in 2007 and 2008 to approximately$900,000. 2. Funds available for significant private development are not as available and significant failures of large commercial investments within the City have occurred. 3. The economic development anticipated by the Council when the ordinance adopting the Subarea Plan was passed in September of 2009 has not occurred. See Ordinance adopting the Subarea Plan attached as Exhibit"A." 4. The restriction on development within the City Center zone, as well as the design requirements, contemplate significant public investment involving both the purchase of property and construction of a City Hall as well as adjacent infrastructure improvements. The projected 2011 budget does not contemplate the purchase of any property with the City Center zone and funds available for the construction of City Hall are projected to be reduced by $2.2 MM to fund other capital projects. See Motion by Council to suspend negotiations attached as Exhibit"B;" See also portion of the 2011 draft budget attached as Exhibit"C." Because there is little likelihood that any significant investment will occur by the City,the Council could fmd that the City Center zone, as currently configured and restricted, creates significant immediate economic hardships for the property owners within that zone. Based upon these facts the Council may also fmd that an emergency exists and move forward with an immediate change to the Comprehensive Plan pursuant to the RCW 36.70A.130(2)(b)set forth above. The least complicated amendment would be to remove the City Center classification from both the Development Code and the Comprehensive Plan. The area could be classified either as Mixed Use or another classification already contained within the Subarea Plan without further Comprehensive Plan amendments. This change would then be subject to additional review when the entire Subarea Plan is reviewed by Council as part of the annual review process. There is little precedent for declaring such an emergency and the matter has not been directly addressed by the courts of record for the state of Washington. I've attached a resolution recently passed by Spokane Counts/ declaring a similar emergency as Exhibit "D." The Council should be aware that due to the City of Spokane Valley, City Council September 29,2010 Page 4 If the Council chooses to pursue Option Two, a public process, as contemplated by RCW 36.70A.130(2)(b),and the City's ordinances should be followed. Supplemental information - Original adopting ordinance • CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 09-021 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING THE SPOKANE VALLEY SPRAGUE APPLEWAY CORRIDOR SUBAREA PLAN, AMENDING ORDINANCE 09-012 AND AMENDING ORDINANCE 07-015 AND AMENDING SPOKANE VALLEY MUNICIPAL CODE (SVMC) 19.110, AND 19.20.020, AND ESTABLISHING NEW ZONING DISTRICT BOUNDARIES. _ . Whereas, the Spokane Valley City Council adopted the Comprehensive Plan pursuant to Ordinance 06- 027 on April 25,2006;and Whereas, the Spokane Valley Comprehensive Plan has been amended pursuant to the following ordinances: 06-020 Amending Comprehensive Plan Procedures,9-12-06 07-026 Adopting Comprehensive Plan Text and Map Amendments, 12-18-07 08-011 Amending Comprehensive Plan Text and Map,07-15-08 09-008 Amending Comprehensive Plan Text and Map, 05-12-09 09-013 Amending Comprehensive Plan Map, 10-1-09 09-022 Amending Comprehensive Plan Text and Map, 10-1-09; and Whereas, the Spokane Valley City Council adopted the Uniform Development Code pursuant to Ordinance 07-015 on September 27, 2007; and Whereas,the Spokane Valley Uniform Development Code has been amended pursuant to the following ordinances: 07-025 Emergency Ordinance Amending UDC Title 19, 11-07-07 07-027 Adopting Zoning Map Amendments, 12-18-07 08-006 Amending Interim Ordinance 07-025, 04-08-08 08-012 Amending Zoning Map Changes,07-15-08 08-017 Ordinance Amending Height Requirements in 19.70.010&020,08-26-08 09-002 Amending SVMC Title 20,03-11-09 09-005 Airport Overlay, 04-14-09 09-006 Amending 08-012,Zoning Map Changes, 03-24-09 09-009 Amending Zoning Map, 05-12-09 09-010 Amending Title 17, 19 and 22,05-12-09 09-012 Adopting the Spokane Valley Sprague and Appleway Corridors Subarea Plan, 10-1-09; and Whereas,the City of Spokane Valley began the planning process to develop the Spokane Valley Sprague and Appleway Corridors Subarea Plan, hereinafter"Subarea Plan" and amendment to the Comprehensive Plan and Map in July of 2006; and Whereas,the City of Spokane Valley initiated a Planned Action Review under RCW 43.21C.031 (2)for a portion of the Subarea Plan on June 10,2008;and Whereas,the Subarea Plan and amendment to the Comprehensive Plan and Map has been developed in conjunction with the annual review of the Comprehensive Plan adopted by the Spokane Valley City Council on December 18,2007,July 15,2008 and May 19, 2009; and Ordinance 09-021 Page 1 of 15 Whereas, the Subarea Plan and proposed amendment to the Comprehensive Plan and Map was submitted to the Planning Commission on February 14, 2008 for consideration, a copy of which is on file with the City Clerk; and • Whereas,the Planning Commission reviewed the proposed Subarea Plan and proposed amendment to the Comprehensive Plan and Map, held public hearings and deliberated, then forwarded their recommended changes to the Spokane Valley City Council on July 29, 2008, a copy of which is on file with the City Clerk; and Whereas, the City Council, after public hearings and deliberation amended the proposed Subarea plan and proposed amendment to the Comprehensive Plan and Map, a copy of which is on file with the City Clerk,then held additional public hearings,then again deliberated;and Whereas,the City Council recommended additional changes after deliberation,a copy of which is on file with the City Clerk, and which are incorporated in the fmal draft of the Subarea Plan and amendment to the Comprehensive Plan and Map; and Whereas, the City Council held a first reading on Ordinance 09-012 on May 26, 2009, and allowed additional public comment; and Whereas, the City Council held a second reading on Ordinance 09-012 on June 16, 2009, and allowed additional public comment;and Whereas, public participation and notice for the adoption of the Subarea Plan and amendment to the Comprehensive Plan and Map is required as set forth in RCW 36.70A.035 and RCW 36.70A.140;and Whereas, the City of Spokane Valley is required to notify the Department of Community Trade and Economic Development of its intent to adopt the Subarea Plan and amend the Comprehensive Plan and Map at least sixty(60)days prior to final adoption pursuant to RCW 36.70A.106; and Whereas,the Subarea Plan is to be implemented through an amendment to the Comprehensive Plan and Map and an amendment to the Uniform Development Code, specifically SVMC Title 19; and Whereas, amendments to the Comprehensive Plan are made pursuant to the provisions of RCW 36.70A.130; and Whereas, adoption of the Subarea Plan and amendment to the Comprehensive Plan and Map must comply with the requirements of the State Environmental Policy Act ( SEPA) as set forth in RCW 43.21C. NOW,THEREFORE,the City Council of the City of Spokane Valley ordains as follows: Section 1: Adoption of Findings of Fact. The City Council of the City of Spokane Valley finds that all Growth Management Act(GMA)and other statutory prerequisites for the adoption of the City of Spokane Valley's amendment to the Uniform Development Code have been met and hereby adopts the following: FINDINGS OF FACT 1. Mandate to Plan under GMA: the City of Spokane Valley is a city that falls under the full mandates of the GMA as of the date of the City's incorporation on March 31,2003. Ordinance 09-021 • Page 2 of 15 2. Consistency with GMA Goals: The Amendment to the Uniform Development Code adopting the Subarea Plan attached hereto is consistent with the Planning Goals set forth in RCW 36.70A.020. 3. The Washington State Growth Management Act, specifically RCW 36.70A.080, authorizes the preparation of Subarea Plans. 4. This amendment to the Uniform Development Code adopting the Subarea Plan is consistent with the City of Spokane Valley Comprehensive Plan, which generally directs the formation of a subarea plan for the Sprague Appleway Corridor, calls for the transformation of the Sprague Avenue Corridor into a quality mixed-use area; supports creating an identifiable City Center that serves as the social, cultural and economic focus of the City; calls for land uses and zoning that supports and complements an Auto Row area; and seeks a balanced transportation network that accommodates public transit,pedestrians,bicycles and automobiles. 5. This amendment to the Uniform Development Code adopting the Subarea Plan is consistent with the following specific provisions of the Comprehensive Plan: a, 2.2.1 City Center Plan - This scenario presents concepts and strategies for creating a definable and vibrant "City Center"for the City of Spokane Valley. The purposes of creating a Spokane Valley City Center are: 1. Create an identifiable city center that is a social and economic focus of the City; 2. Strengthen the City overall by providing for long-term growth in employment and housing; 3. Promote housing opportunities close to employment and services; 4, Develop land use patterns that support the development of a more extensive regional transportation system, whatever the ultimate configuration may be; 5. Reduce dependency on automobiles; 6. Consume less land with urban development; 7. Maximize the public investment in infrastructure and services; 8. Provide a central gathering place for the community; and 9. Improve the quality of design for development throughout the City. There are several reasons why a definable, vital City Center is important to Spokane Valley's future. These include: 1. The development of a more intensive, multi-use city center is a natural step in Spokane Valley's evolution. Most new urban areas start out as bedroom communities. Retail and commercial uses then develop to serve the new residential population. Office and industrial activities next begin to locate at key transportation crossroads, adding jobs and strengthening the employment base. Spokane Valley has experienced these evolutionary phases and is now ready for a defined City Center. 2. Economic Development—Spokane Valley has an opportunity to transform itself from an essentially residential community with retail and service based economy to a sub- regional economic center with an expanded, more diverse employment base. Ordinance 09-021 Page 3 of 15 3. Community Support—A survey of Spokane Valley area citizens prior to incorporation overwhelmingly indicated that the lack of identifiable "downtown" and a community gathering place was of concern to a majority of respondents. Community support was tested again when the city conducted a statistically valid survey in the spring of 2004. The support to create a City Center was reiterated throughout the community meetings held during the development of the comprehensive plan and the city's informal community survey. A discussion of the results of the city's survey is included in Section 2.10. The following could be components of the City Center: 1. Location: Generally located along the Sprague/Appleway corridor. 2, Size: Between 300 and 400 acres in size, 3. Streets: New streets could be added at every 200 to 400 feet to create an internal grid street system to provide an urban atmosphere. 4. On-street parking would be provided on internal grid streets. S. Ground floor retail on both sides of streets. 6. Building out to the edge of the right-of-way and include wide sidewalks to encourage a lively street scene. 7. Office/Employment uses provided in high visibility locations with adequate parking and adjacent to pleasant surroundings such as open space, retail shops and services. 8. Multi family housing that is safe, secure, and located so that it is buffered from traffic noise and provides a pedestrian friendly streetscape with connections to parks, schools, shopping, services and transit. 9. Civic/public uses such as city hall, community library,performing arts center, city center park, green space or other public uses that would attract people to downtown over an extended portion of the day. Other characteristics of this land use scenario include the following: 1. "Auto Row"Overlay--The city has several new auto dealerships located along Sprague Avenue. The majority of these dealerships are located between Argonne Road and Thierman Road. Two dealerships are located just west of Dartmouth Road, near the U- City Mall. New car dealerships provide the city with substantial sales tax revenue on one hand, on the other hand auto dealerships can have a significant visual impact on a community and have somewhat unique needs related to development standards, such as signage and street frontage landscaping. This scenario recognizes these circumstances . and designates the areas identified above appropriately, and provides policy direction for the implementing development regulations. 2. Mixed-use—this scenario suggests reducing the strip commercial on Sprague Avenue by maintaining Community Commercial zoning only at major intersections such as Pines, Evergreen and Sullivan Roads. Areas in between these commercial "nodes" would be designated as Corridor Mixed-use or some other appropriate.designation, which would encourage conversion of these vacant and/or dilapidated commercial areas into areas of office/employment, residential and specialty retail. b. 2.5.2 Commercial Designations 1. The City of Spokane Valley is home to several major new automobile dealerships. While these land uses provide a positive economic impact on the community, they can also have Ordinance 09-021 Page 4 of 15 less positive impacts on the aesthetics of the community. Auto dealerships typically have vast areas of pavement to store new and used vehicles for sale. These land uses also have unique requirements for landscaping and signage. Unlike many commercial uses whose stock in trade is contained within a building, it is necessary for auto dealerships to have their vehicles clearly visible from the street. This makes traditional street side landscaping(consisting of low growing shrubs and bushes, and trees) not viable for these uses. 2. An overlay designation is being suggested rather than a zoning district because the negative affects on the non-auto dealer uses in the area will be minimized or eliminated. c. 2.5.3 City Center 1. The intent of establishing a City Center in Spokane Valley is to create a higher density, mixed-use designation where office, retail, government uses, and residential uses are concentrated The City Center will also be located at one of the major hubs of the region's high capacity transit(HCT)system. 2. The City Center encourages higher intensity land uses. Traditional city centers are places where diverse office, retail, and government uses are concentrated, as well as cultural and civic facilities, community services and housing. Nationally, many cities are advocating mixed-use development in city center core areas for a number of reasons, including:Providing new housing, increasing the range of housing choices, and reducing dependency on the automobile by bringing work places and residences into close proximity; Providing retail and service needs in close proximity to residential and employment centers; Improving feasibility of a development project. The proximity of urban services makes housing projects more desirable and a nearby source of consumers help make a commercial project more viable. 3. Residents choose to live in higher density housing for a variety of reasons. First, higher density housing is more affordable than traditional single family housing. Second, the convenience and proximity to work, needed services and cultural activities is very desirable for many people.Finally, many people find that they ¢ do not need a large ' single family Wa �� A detached house. }, Given their lifestyle, �� they appreciate the = � low maintenance ands@ _ security of higher -, 47:7,741.density living. There !LT - • is a mutually {�supportive r relationship between 3 � higher density -.7"7; � residential uses and �� commercial and retail activities, The _- _ .._._.. presence of housing the core area also activates the streets in the city center, day and night. Ordinance 09-021 Page 5 of 15 4. Concentrating growth in a — specific area also supports ter.– investment in public infrastructure including the 4r regional HCT system. �r t ry' f { i s ;� _� E3 :n �' ' f 5 Existing low density i — �3 �� 0 S ;i ? 7 jQ G A development does notes generate sufficient levels of rr -,-=1 stasA17�.; 4 =In demand to optimize the '�' ' �;-: 123Ff return on investment in transit. Promoting hi her • density uses within walking -•� r--f�"^ '` :r > distance of transit facilities will improve the viability of Or tvOiriN,0 this significant infrastructure investment. Moreover, concentrating the highest density of development in the City Center, where a significant number of jobs and residences will be within walking distance of a transit station, helps reduce the dependency on the automobile and improves pedestrian mobility. The City Center emphasizes pedestrian, bicycle, and transit mobility but will not be unfriendly to the use of automobiles. 5. The City Center area will also be the central gathering place for the community—a place where the whole community can congregate and celebrate.Accordingly, the City Center should include an outdoor square,park, or commons with amenities such as fountains, sculptures, and unique landscaping. Other civic amenities or buildings including city hall or a performing arts center could be grouped around the core area square or park. The City currently holds an annual Christmas Tree Lighting Ceremony in the area designated as the City Center.Additional such events throughout the year will enhance the feeling of community in Spokane Valley. 6. An appropriate street network is a critical component of the City Center. The current network of collector streets and arterials, the disjointed grid, and large block sizes contribute to a lack of identity in the City. The solution is not necessarily to construct wider streets. Streets become less efficient as the number of lanes increases. Building new streets versus widening existing streets can be more cost effective, yields greater capacity, and will have a more positive impact on the City Center. 7. Automobiles are likely to continue as a dominant mode of transportation for the foreseeable future. A comprehensive network of streets must be developed to distribute this fraffic and create more driving choices. To the extent possible, the City should connect streets and construct new streets to form a tighter grid system within the City Center, especially in the core area, by negotiating new public rights-of-way and building new streets. This "interconnectivity" serves to shorten and disperse trips, and consequently reduce travel on existing congested arterials. 8. Pedestrian and bicycle mobility is a vital part of the future City Center transportation system. Improvements for pedestrians and bicyclists should support increases in transit services and promote •the development of the City Center. As the street system is developed to better accommodate the needs of pedestrians and bicyclists, a network of facilities for people on foot and bikes should be established 9. Reducing the size of the street grid, improving auto circulation and creating pedestrian linkages through larger parcels is critical to establish walking patterns that reduce Ordinance 09-021 Page 6 of 15 dependency on the auto. As individual sites are designed and developed to be more pedestrian friendly and improved pedestrian linkages are provided, the pedestrian system will handle an increasing share of trips. Special street design standards should be developed for the City Center. Special standards for extra-wide sidewalks (12 to 20 feet in width), pedestrian-scale street lighting, and additional amenities including benches, trash receptacles, and landscaped corner treatments should be included. 10. Transforming the existing commercial core area into the proposed City Center is an ambitious task. It requires a significant transformation from a low-density, automobile oriented, largely retail area, to a higher intensity, more pedestrian oriented Mixed-use area. The City Center section of the Plan acknowledges that the City Center will take some time to develop. The City can facilitate these changes through a series of small steps taken over time. This is especially true if the steps are consistent with emerging economic, social and demographic trends. As is the intent of this Plan, the phasing scenario presented here accounts for the timing of market projections and future actions. 11. As noted above, the implementation strategy is keyed to projected trends and regional planning goals. Its form and character, as envisioned in this Plan, are dramatically different from anything that now exists in the proposed City Center area. It will take some time for the development community to redirect its energy and investments to produce development that responds to the direction of the Plan. The demand for more intense development opportunities in the City Center is not forecasted within the next few years. In the meantime, the City should discourage continued low-scale investment in this area since new development will take several years to be amortized, and will delay the accomplishment of preferred development. As regulations are applied to modest renovations, it should be possible to gain some basic improvements. However, the City should not expect full implementation of the vision for the City Center until major property owners in the area are ready to install long-term, major development projects. d. 2.5.5 Mixed-use Corridor Mixed-use - Corridor Mixed-use is intended to enhance travel options, encourage development of locally serving commercial uses, multi family apartments, lodging and offices along major transportation corridors identified on the Comprehensive Plan Land Use Map (Map 2.1). Corridor Mixed-use recognizes the historical low-intensity, auto-dependent development pattern, and focuses on a pedestrian orientation with an emphasis on aesthetics and design. The Corridor Mixed-use designation is primarily used along Sprague Avenue in order to space the areas designated commercial. e. 2.7 Urban Design and Form 1. In addition to guiding development, the Land Use chapter also guides the quality and character of the City's future development pattern through goals and policies related to the form, function, and appearance of the built environment. These priorities and implementation'strategies, related to quality development, serve and will continue to serve as a basis from which to develop appropriate implementation measures. 2, The design of our urban environment has a significant effect on community identity. Well designed communities contribute to a healthful, safe and sustainable environment that offers a variety of opportunities for housing and employment. An attractive and well planned community is invaluable when recruiting new business and industry to an area. Some of the concepts considered include: • Community appearance, including signs and placement of utilities; Ordinance 09-021 Page 7 of 15 • Neighborhood considerations in the review of development projects; • Integration and linking of neighborhoods including bicycle and pedestrian facilities; • The effect of traffic patterns and parking on neighborhood character; • Encouragement of high quality development through the appropriate use of planned unit developments; and • Consideration for public art. f. 2.7.1 Aesthetic Corridors 1. Aesthetic corridors are intended to protect the visual appeal of Spokane Valley along major transportation routes entering and exiting the city. Aesthetic corridors provide special design standards for aesthetics along major transportation routes to help create a quality image of Spokane Valley. 2. Another component of aesthetic corridors is the "gateways" into the city. There are several entrances into the City of Spokane Valley along major transportation corridors, including Sprague Avenue, Trent Avenue, State Route 27 and a number of interchanges on Interstate 90. Design elements and landscaping treatments should denote a sense of arrival into the City, a neighborhood or special area such as the city center. g. 2.9 The Land Use/Transportation Connection 2.9.1 Street Connectivity - Street design can have a significant impact on community development. It is important that neighborhoods be connected is such a manner that cars, bicycles and pedestrians can pass with ease from one neighborhood to an adjacent neighborhood via collectors and arterials. Such a pattern promotes a sense of community. All new developments should give special consideration to emergency access routes. h. 2.11 Goals and Policies COWERCLAL Goal LUG-3 Transform various commercial business areas into vital, attractive, easily accessible mixed use areas that appeal to investors, consumers and residents and enhance the community image and economic vitality. Policies LUP-3.1 Encourage transformation of Sprague Avenue Regional/Community Commercial corridor into a quality mixed-use retail area. Retail development along the corridor, exclusive of the City Center, should be concentrated at arterial intersections and designed to integrate auto, pedestrian, and transit circulation. Integration of public amenities and open space into retail and office development should also be encouraged. LUP-3.2 Encourage large bulk retailers to locate in the designated Regional Commercial nodes around arterial intersections. LUP-5.1 Identj other appropriate automobile related uses within the Auto Row Overlay designation that are complementary to automobile dealerships. LUP-5.2 Develop appropriate development standards for permitted uses within the Auto Row Overlay designated area. CITY CENTER Goal LUG-6 Create an identifiable City Center that serves as the social, cultural, and economic focus of the City of Spokane Valley. Policies LUP-6.1 Define a City Center with distinct boundaries, unique building types, and special features. LUP-6.2 Strengthen existing connections of the City Center area to the region's high capacity transit system. LUP-6.3 Focus on improving the existing character and image of the City Center area through appropriate development regulations and design standards. LUP-6.4 Develop land use regulations that allow higher intensity development in the City Center including, but not limited to, taller buildings, increased floor area ratios (FAR) and permitted uses. LUP-6.5 Coordinate with urban service providers to ensure sufficient capacity is available for anticipated development. LUP-6.6 Allow for a variety of uses and mixed-use development within buildings or complexes. Ensure that mixed-use development complements and enhances the character of the surrounding residential and commercial area. LUP-6.7 The City should always consider City Center sites regarding potential civic and cultural uses the City develops, such as a City Hall. LUP-6.8 Provide incentives to attract cultural and civic uses to the City Center over which the City does not have direct control, such as libraries or recreation facilities. LUP-6.9 Develop land use regulations that encourage higher density residential uses on the periphery of the City Center area in close proximity to high capacity transit. High density housing should be accompanied by residentially oriented retail and service uses. LUP-6.10 Provide amenities such as community services,parks and public spaces to meet the residential needs in the City Center. LUP-6.11 Provide an effective transition between the periphery of the City Center and nearby lower density residential development. Goal T./T/ry_/� r, 1 Y I ( Pn,ro /Y 11/11/11/1741,0•4I,O /'t'/1N MI/114/11 /1N N,114Jln.Z f�Plf ern A/1tNHAA LUP-7.1 Improve traffic circulation around and through the City Center by extending the street network and creating smaller blocks. LUP-7.2 Encourage pedestrian and bicycle circulation by providing public sidewalks, street trees,street furniture and other amenities. LUP-7.3 Require clear and safe pedestrian paths to enhance the pedestrian network. LUP-7.4 Connect the main entry of buildings to public sidewalks by an identifiable walkway. LUP-7.5 Allow for on-street parking on the internal City Center street network. LUP-7.6 Encourage transit use by improving pedestrian and bicycle linkages to the existing and fitture transit system. I , Mixed-use Goal LUG-9 Encourage the development of Mixed-use areas that foster community identity and are designed to support pedestrian, bicycle and regional transit. Policies LUP-9.1 The characteristics of a Mixed-use area should include; •Housing and employment densities to support regional transit service; •Public transit connections; •Safe, attractive transit stops and pedestrian and bicycle ways; •Buildings that front on wide sidewalks with attractive landscaping, benches and frequent bus stops; •Multi-story buildings oriented to the street rather than parking lots;and • Parking space located behind or to the side of buildings or in parking structures. LUP-9.2 The mix of land uses allowed in either the Corridor Mixed-use or Mixed-use Center designation should include: • A variety of housing types including apartments, condominiums, town houses, two-family and single family dwellings on small lots; • A full range of retail goods and services including grocery stores, theaters/entertainment, restaurants,personal services and specialty shops; •Public/quasi-public uses and/or open space; •Professional Office and other employment oriented uses;and • Commercial uses that require large land areas but have low employment density and are auto-dependant, such as lumber yards, plant nurseries, Urban Design and Form Goals&Policies Goals LUG-14 Improve the appearance and function of the built environment. Policies LUP-14.1 Use performance and community design standards to maintain neighborhood character, achieve a greater range of housing options, and to create attractive and desirable commercial and office developments. LUP-14.2 Adopt specific regulations for designated aesthetic corridors that: •Provide incentives for aesthetic design; •Require landscaping buffers adjacent to roadways; •Limit sign height and size; • Provide performance standards to adequately screen intensive land uses that have exterior clutter such as outdoor storage, exterior heavy equipment and/or exterior fabrication/assembly. •Prohibit off-premise signage and billboards. • Land Use/Transportation Connection Goals&Policies Goal LUG-16 Provide a street system that connects neighborhoods. Policies LUP-16.1 Encourage new developments, including multifamily projects, to be arranged in a pattern of connecting streets and blocks to allow people to get around easily by foot, bicycle, bus or car. i. 10.3 Neighborhood Goals&Policies Goal NG-2 Preserve and protect the character of Spokane Valley's residential neighborhoods. Policies NP-2.1 Maintain and protect the character of existing and future residential neighborhoods through the development and enforcement of the City's land use regulations and joint planning NP-2.2 Review and revise as necessary, existing land use regulations to, accessory dwelling units, and in-fill development. Goal NG-3 Encourage neighborhood/sub-area planning for commercial, industrial and mixed use properties to enhance the quality, vibrancy and character of existing development. Policies NP-3.1 Establish regulations and idents potential incentives that encourage multi-use areas that integrate a broad range of appropriate and compatible land use activities, and encourage the development and redevelopment of land in conformance with the SVCP. NP-3.3 Encourage commercial development that is designed and scaled in a manner that is compatible with surrounding neighborhoods. 6. This amendment to the Uniform Development Code adopting the Subarea Plan is also consistent with the amendments to the Comprehensive Plan and Map adopted by Ordinance 09-022. 7. The City of Spokane Valley has provided notice and engaged in a public process to ensure citizen •participation pursuant to RCW 36.70A.035, RCW 36.70A.130 and RCW 36.70A.140. The specific public meetings are set forth below. The notice provided and meetings identified constitute early and continuous public participation in the development and adoption of the Subarea Plan and amendment to the Comprehensive Plan and Map: CITY OF SPOKANE VALLEY Sprague/Appleway Plan—Public Participation Log • MEETING TYPE(i.e. DATE city council,planning LOCATION TOPIC commission,etc) 7/19/2006 Focus Group Meetings Center Place Plan concepts 7/20/2006 Core Team Meeting Center Place Focus Group Meetings,City Center 9/13/2006 Community Workshop Decades City Center Concept 9/14/2006 Core Team Meeting City Hall City Center update Joint 9/14/2006 Council/Commission City Hall Plan update,City Center concept Meeting 9/23/2006 Valleyfest Mirabeau Park Plan overview 10/2/2006 Core Team Meeting CenterPlace Land Use Patterns 10/10/2006 Rotary Meeting Mirabeau Hotel Plan overview by the Mayor Valley Business Fire District#1 10/11/2006 Association Admin Office Plan overview by the Mayor 10/11/2006 Community Workshop Decades Centers and Segments,Land Use Patterns 11/30/2006 Auto Row Focus GroupCity Hall,second Land use in Auto Row Floor 11/30/2006. Community Workshop Decades Transportation Hands On 17i1/21n6 Cnre.Team Meeting Center Place MEETING TYPE(i.e. DATE city council,planning LOCATION TOPIC commission,etc) 1/16/2007 Community Workshop Decades Circulation Patterns 2/5/2007 WSU Architect Students Corridor discussion 2/9/2007 APA Brown Bag CenterPlace Corridor discussion Luncheon Joint City Council/Planning Study Session presentation of complete 3/1/2007 Commission Study CenterPlace recommendation Session 3/5/2007 WSDOT Presentation Transportation recommendations 3/6/2007 Chamber Luncheon Percy's Café Complete recommendation of corridor plan Americana Air in October 2007 and Rich Munson and Scott Kuhta were both interview November Comcast Local Edition City Center/SARP for Comcast Local Edition for airing on CNN Headline news, 2007 City Council special Michael Freedman present possible Master Plan 10/2/2007 meeting City Hall update to include the Library on the west side of University 10/16/2007 Kiwanis Meeting Sheri's Restaurant Scott Kuhta,presentation of the plan 11/20/2007 Joint CC/PC meeting City Hall Present the public hearing draft of the sub-area plan 12/6/2007 Spokane Greater Chamber Percy's Café Present Subarea Plan to Chamber members of Commerce 1/18/2008 Developer's Forum Council Chambers Education regarding regulations of Subarea plan 1/23/2008 Community Education Council Chambers Education regarding regulations of Subarea plan Workshop 2/14/2008 Open House Council Chambers Open discussion answer questions regarding regulations of Subarea Planning Commission 2/14/2008 meeting/Community Council Chambers Presentation of regulations and education of Education Workshop regulations regarding Subarea plan Joint City Council, Presentation by Michael Freedman and Troy Russ 2/19/2008 Planning Commission Council Chambers regarding new SRTC model figures—transportation Meeting and Book III 2/27/2008 Planning Commission Council Chambers Review of the Subarea plan in preparation for Study Session Public Hearing 3/13/2008 Planning commission Council Chambers Public Hearing Public Hearing 3/20/2008 Planning Commission Council Chambers Con't Public Hearing Public Hearing 3/27/2008 Planning Commission Council Chambers Deliberations 4/10/2008 Planning Commission Council Chambers Deliberations 4/17/2008 Planning Commission Council Chambers Deliberations 4/24/2008 • Planning Commission Council Chambers Deliberations 5/1/2008 Planning Commission Council Chambers Deliberations 5/22/2008 Planning Commission Council Chambers Deliberations 6/5/2008 Planning Commission Council Chambers Deliberations MEETING TYPE(i.e. DATE city council,planning LOCATION TOPIC commission,etc) 8/19/2008 H g ty Council Public CenterPlace Public Hearing 8/26/2008 City Council Council Chambers Deliberations 9/2/2008 City Council Council Chambers Deliberations 9/9/2008 City Council Council Chambers Deliberations 9/23/2008 City Council. Council Chambers Deliberations 9/30/2008 City Council Council Chambers Deliberations 10/21/2008 City Council Council Chambers Deliberations 10/28/2008 City Council Council Chambers Deliberations 12/2/2008 City Council Council Chambers Deliberations 12/16/2008 City Council Council Chambers Deliberations 12/30/2008 City Council Council Chambers Deliberations 1/6/2009 City Council Council Chambers Deliberations 1/12/2009 City Council Council Chambers Deliberations 1/13/2009 City Council Council Chambers Deliberations 1/26/2009 City Council Council Chambers Deliberations 2/3/2009 City Council Council Chambers Deliberations 2/24/2009 City Council Council Chambers Deliberations 3/3/2009 City Council Council Chambers Deliberations 3/24/2009 City Council Council Chambers Deliberations 4/28/2009 City Council Public CenterPlace Public Hearing Hearing 5/5/2009 City Council Council Chambers SARP Discussion 5/19/2009 City Council Council Chambers Deliberations 5/26/2009 City Council Council Chambers Deliberations 8. The Subarea Plan and amendment to the Comprehensive Plan and Map have been provided to the Community Trade and Economic Development Department pursuant to RCW 36.70A.106 on January 23,2008. 9. The amendment to the Uniform Development Code adopting the Subarea Plan is made pursuant to and consistent with the provisions of RCW 36.70A.040 to implement the provisions of the Comprehensive Plan. 10.The City of Spokane Valley has complied with the requirements of RCW 43.21C, specifically by using the integrated SEPA process pursuant to SEPA rules, (WAC 197-11-210, 220, 228, 230, 232 and 235).The documents and dates of issuance are as follows: a. Adopted existing environmental document(Draft and Final EIS prepared for Spokane Valley Comp Plan),signed January 18,2008. b. Issued Draft Supplemental Environmental Impact State(DSEIS)on January 18,2008. c. Issued Addendum to the DSEIS on May 20, 2008, to incorporate updated transportation analysis. d. Issued Final Supplemental Environmental Impact Statement(FSEIS)on June 19,2008. 1 12. The adoption of this amendment to the Uniform Development Code adopting the Subarea Plan is necessary to protect the health,safety,and welfare of the general public and the environment. 13. The amendment of the Comprehensive Plan and Map and the adoption of the Subarea Plan is consistent with SVMC 19.30.010, 020. Section 2: Amendment to the Uniform Development Code SVMC Chapter 19.110. The Uniform Development Code, specifically SVMC Chapter 19.110 is hereby amended as follows: SPECIAL OVERLAY ZONES Sections: 19.110.020 Spokane Valley Sprague and Appleway Corridors Subarea Plan All land use and development applications defined in SVMC 17.80.020 and SVMC 19.10.020 for 1 property contained within the Spokane Valley-Sprague and Appleway Corridors Subarea Plan Area shall be governed by the terms and provisions of that Subarea Plan which is incorporated herein by this reference and attached as Appendix D. This subarea plan shall also supersede development standards set forth in chapter 22.50, Off-Street parking and Loading Standards, 22.60 Outdoor Lighting Standards, 22.70 Fencing, Screening and Landscaping,and 22.110 Sign Regulations except for those regulations that are specifically incorporated by the Subarea Plan. Section 3: The Spokane Valley Sprague and Appleway Corridors Subarea Plan is attached hereto as Exhibit A, and by this reference adopted and incorporated herein and codified as Appendix D to the Uniform Development Code. Section 4: Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or constitutionality shall not affect the validity or constitutionality of any other section,clause or phrase of this Ordinance. Section 5: Effective date. This Ordinance shall be in full force and effect on October 1,2009. I Passed by the City Council this 15th day of September,2009. . ATTEST: tow/ !�L/. % Richard u'son,Mayor t istine Bainbridge,City Clerk • i Approved As To Form: : l . . . it01 • ce rr the City • -. ey Exhibit 1 - Comprehensive Plan Amendment SOkane Application Valley COMPREHENISVE PLAN AMENDMENT APPLICATION STAFF USE ONLY Date Submitted: 10-27-10 Received by: Fee: City Initiated (N/A) PLUS #: File#: ECPA-01-10 PART 11 - APPLICATION INFORMATION ® Map Amendment; and ® Text Amendment APPLICANT NAME:City of Spokane Valley, Community Development Department Ili MAILING ADDRESS: 11707 East Sprague Avenue, Suite 106 CITY:Spokane Valley STATE:WA ZIP:99206 PHONE:509-720-5334 Scott Kuhta FAX:509-921- EMAIL:skuhta a(�spokanevalley.orq 509-720-5026 Karen Kendall 1008 kkendall@spokanevalley.org PROPERTY OWNER: N/A STREET ADDRESS: CITY: STATE: ZIP: PHONE: FAX: CELL: EMAIL: SITE ADDRESS: See attached PARCEL No: COMPREHENSIVE PLAN DESIGNATION: City Center PROPOSED COMPREHENSIVE PLAN DESIGNATION: Mixed Use Avenue (MUA) ZONING DESIGNATION: City Center PROPOSED ZONING DESIGNATION: Mixed Use Avenue(MUA) BRIEFLY EXPLAIN REASON FOR MAP OR TEXT AMENDMENT(attached full explanation on separate sheet of paper): City initiated, site specific emergency comprehensive plan amendment to change the City Center (CC)comprehensive plan and zoning designation to Mixed Use Avenue(MUA);remove all language referencing City Center in the Sprague Appleway Corridors Subarea Plan(Subarea Plan)from Book 1: Community Intent,adopted as part of the Spokane Valley Comprehensive Plan; and Book 2: Development Regulations and Book 3: City Actions,adopted by reference in the Spokane Valley Municipal Code(SVMC). REVISED 2/2610 Page 3 of 4 CITY OF Sp okane Valley. COMPREHENISVE PLAN AMENDMENT APPLICATION PART III — AUTHORIZATION ) (Signature of legal owner or applicant) C (i'1 ) � (print name) swear or affirm that the above responses are ma r thfully arid to the bye if my owledge. i (Si atu e) (Date) NOTARY STATE OF WASHINGTON) ss: COUNTY OF SPOKANE ) SUBSCRIBED AND SWORN to before me this ( day of J\ \JO\YA-C, 20 16 NOTARY SEAL NO SI ATU E �tioei\‘\\\41SViii, ER lig/ Notary Public in and for the S ate 0 Washington ® „,orq,ti�� f N Residing at: Y\ kC < <,� 9.11 .,. O G� ��nl� �.�••> ,< Iia s I\\AG My appointment expires: t t LEGAL OWNER AUTHORIZATION: If the applicant is not the legal owner(s), the owner must provide the following acknowledgement; I, , owner of the above described property do hereby authorize— to represent me and my interests in all matters regarding this application. REVISED 2/2610 Page 4 of 4 Comprehensive Plan Application Questions: 1. The following are responses to the proposed comprehensive plan amendment; a. The proposed amendment bears a substantial relationship to the public health, safety,welfare, and protection of the environment; The City proposes an emergency amendment due to the deterioration of the economy and the resulting decreasing sales tax and decreasing property taxes. It is likely not possible to have a large investment company to contribute to build in the City Center. The proposed amendment offers additional opportunities to achieve economic growth by expanding the land uses available for further diverse development. This proposal supports the safety, health and welfare of the community by encouraging mixed uses that foster community identity next with pedestrian, bicycle and regional transportation services. b. The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the City's adopted plan not affected by the amendment; The state-wide planning goals and policies provide the basis for the City's Comprehensive Plan and guidance in the development of goals and policies. The proposed amendment will allow services to be expanded for appropriate in-fill development with the City of Spokane Valley. The City has adopted development regulations that are designed to address specific impacts related to new development such as off-street parking, landscaping, lighting, setbacks and height. The proposed amendment is consistent with the Growth Management Act. Adjacent land use designations are consistent with the proposed amendment. c. The proposed amendment responds to a substantial change in conditions beyond the property owner's control applicable to the area within which the subject property lies; The proposed amendment responds to the economic hardships of business to locate within City Center due to limited permitted uses. The crashing economy has also limited the interest in mixed use/town center developments on a national level by large scale investment companies and developers. The economic climate has lead to a substantial change in conditions. d. The proposed amendment corrects an obvious mapping error; or The proposed amendment does not correct a mapping error. e. The proposed amendment addresses an identified deficiency in the Comprehensive Plan. The proposed amendment alleviates the restrictions placed upon the area by the current zoning of the Sprague Appleway Corridors Subarea Plan (SARP). 2. The City must also consider the following factors prior to approving Comprehensive Plan amendments: a. The effect upon the physical environment; Page 1 of 3 The comprehensive plan amendment is a non project action under SEPA. At the time of the submittal of the building permit application, an additional SEPA review would likely be required to evaluate the impacts of the use(s) and proposed structure(s) on the physical environment. b. The effect on open space, streams,rivers, and lakes; There is no surface water body on or in the immediate vicinity of site. Balfour Park is the only designated open space within the proposed amendment area. c. The compatibility with and impact on adjacent land uses and surrounding neighborhoods; The proposed amendment is contiguous to a Mixed Use Avenue Comprehensive Plan designation on the east and west. To the north and south High, Medium and Low Density Residential as well as Community Boulevard Comprehensive Plan designations border the area. At the time of development, standards relating to fencing, screening, and landscaping will reduce impacts on adjacent low density residential designated properties by providing visual separation and physical buffers between land uses. d. The adequacy of and impact on community facilities including utilities,roads, public transportation,parks, recreation, and schools; The City of Spokane Valley addresses adequacy of community facilities on a citywide basis through capital facilities planning. Policy CFP-9.1 of the Comprehensive Plan recommends a concurrency management system for transportation, sewer, and water facilities. The City of Spokane Valley's Parks and Recreation Plan outlines an implementation strategy including a capital facilities plan, which identifies costs and revenue sources for new parks. At the time of the submittal of the building permit application, an additional SEPA review would likely be required to evaluate the impacts of the use(s) and proposed structure(s) on the physical environment in regards to transportation and schools. e. The benefit to the neighborhood, City, and region; The proposal would be consistent with the existing character of the neighborhood. This is an appropriate location to allow for infill mixed use development that can utilize services such as alternative transportation methods (public transportation) provide an opportunity to live and work in a close proximity and the beneficial location of commercial, auto oriented retail and office uses to serve the area. f. The quantity and location of land planned for the proposed land use type and density and the demand for such land; The Mixed Use Avenue zone district allows less density when compared to the City Center zone district. However, residential and commercial projections have been fairly conservative compared to maximum allowed density. g. The current and projected population density in the area; and Page 2 of 3 The current population of 736 dwelling units is projected to increase to over 3,000 dwelling units as calculated in the City Center Final Environmental Impact Statement (FEIS)for the Planned Action Ordinance. This projection would translate to the Mixed Use Avenue (MUA) designation. h. The effect upon other aspects of the Comprehensive Plan. The proposal would eliminate the only mapped area designated City Center within the City's Comprehensive Plan designation designated to serve as a social, cultural and economic focus for the City of Spokane Valley. Page 3 of 3 Exhibit 2 - SEPA Determination of Non-Significance cr'n'O TY DEVELOPMENT DEPARTMENT COMMUNI PLANNING DIVISION Valley Determination of Non-Significance (DNS) PROPOSAL:ECPA-01-10 DESCRIPTION OF PROPOSAL: City initiated, site specific emergency comprehensive plan amendment to change the City Center (CC) comprehensive plan and zoning designation to Mixed Use Avenue (MUA); remove all language referencing City Center in the Sprague Appleway Corridors Subarea Plan (Subarea Plan) from Book 1: Community Intent, adopted as part of the Spokane Valley Comprehensive Plan; and Book 2: Development Regulations and Book 3: City Actions,adopted by reference in the Spokane Valley Municipal Code(SVMC). APPLICANT: City of Spokane Valley Community Development Department, Karen Kendall; 11707 East Sprague Avenue, Suite 106, Spokane Valley,WA 99206; (509)720-5026 LOCATION OF PROPOSAL: The amendment area is boarded by Walnut Road to the west, Bowdish Road to the east, Main Avenue to the north and 4t''Avenue to the south. LEAD AGENCY: Spokane Valley The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement(EIS)is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. DETERMINATION: ❑ There is no comment period for this DNS. ® This DNS is issued using the optional DNS process in WAC 197-11-355. There is no further comment period on the DNS. ❑This DNS is issued under WAC 197-11-340(2);the lead agency will not act on his proposal for 14 days from the date below. Comments must be submitted by RESPONSIBLE OFFICIAL: Kathy McClung, Community Development Director; 11707 East Sprague Avenue, Suite 106; Spokane Valley,WA 99206; (509)720-5300 { DATE ISSUED: November 12,2010 SIGNATURE: a►.' APPEAL: An appeal of this determination. shall be submitted to the Community Development rttnent within fourteen(14) calendar days after the date issued. The appeal must be written and make specific factual objections to the City's threshold determination. Appeals shall be conducted in conformance with Section 17.90 (Appeals) of the Spokane Valley Municipal Code, and any required fees pursuant to the City's adopted Fee Scheduled shall be paid at time of appeal submittal. Pursuant to WAC 197-11-680, appeals shall be limited to a review of a final threshold determination. THIS DNS WAS MAILED TO: City of Liberty Lake,Community Development Spokane County,Fire District No.8 City of Spokane,Planning Services Spokane County,Regional Health District Spokane County,Boundary Review Board Spokane Transit Authority(STA) Spokane County,Building and Planning Spokane Regional Transportation Council(SRTC) Spokane County Division of Utilities—Info Svc Washington State Department of Ecology(Spokane) Spokane County,Clean Air Agency Washington State Department of Ecology(Olympia) Spokane County,Fire District No. 1 II Exhibit 3 - Existing Comprehensive Plan Designation J k W 1 -,--,: •-w7, �� Low iDensi ° Gethsemane f� �' ■■■■Bxoadwa. ■1uII Broadway ��■ I I� la 3 ■1 g �� L Broadway x Broadway y Ylt,-d WE Residential Lutheran—b o ��„° �N'ei-hborhood thu !!• — oUrial I 3 . Broadway — MN II 1 I I 1. 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Community Development Department Exhibit 4 - Existing Zoning Designation Map it I■a os Broadway R-4-w°'Broadway II. Broadway••Broa`dwayBrgadway •Broadway Broadway Broadway i iIfl! LI! !! L „LA d �"r 11 — _ Luthan- -- w Springfield cC Broadway Springfield -1 = 1111■ == == ■ Springfield s rin fieldISpririgfie Elementary IIIIIIIUUUUU o a 11 -- �� Allo-Ya Allo �5 HE MM NM ' A11�i_ I •olid 1111 ally ■ �� — I ��■1 ��JiI. !IIE = E OliveOO live = [2 111 I St John MM■ R I3 L - El Mm ,1 R_4:: = E= o II Vianney . — M itim Valleyeway Valleyway I -V-alleywayN,CCi 'i,�_Valleyway Valleyway I :...•V'_alle_y-way •MV_alleyway I Valley- way� 1-1 ■IIMN IMMITO NM 1 111 r> ::liii !” 111HI Nixon •• I b—� -1 ` �� I Front 3 0 m M_ �� g ■■■■■■■■11 ,aim ; 3' Ma • 11 . . ■■ ■■■ F=gym r / Mama ain �4 ain l Main II Main Balfour Park 'ct ' Ce-T / �' % � Exhibit 5 - Current Aerial Map of Area 1, lia IQ a x ; ° f , JA k�, to !1 illitsi■ii di eih'1 ill ;ia�11i�- lite d �, ti Gethsemane _ _ -��rBroadwa limm a'i. in mm ■am !!IIIJPI i1 yWilla um-,' ` Kiri - ]�� ®� �A; ■®.it �i�ii� ,s�pr�� gfield® a �1 .in1■11Etto o Ps e ail !I 11.11i M 'l 1 •iii Alio ). , yam`Mi.:" ' a _ A___LI,, - - � �. Alk St John r vi nn°�y 7® 1w'1111®111 cl1��1,�=Bili-;fid- L'4 girl* ; !!.—FAINaq_.1 te r*`, ,a . = ® 1Ohvie i 3 "� .,. , ®e _ � r *, 13 jk- � � aCs r r p ® - IIIIM111111N � �. , ■ as� r„Ili V alleycwia V alleywia V 11 .ywlay ' V alileyw� . III!mI. !a, ymika j, Mil® i■ ®®�11rii® 1111111�� ' � ;' 14, • �= ilk 1 11111®11®®r II i mei' 171 y" :J �I�9 my mu P � -1 1111 °;� ,® i _ ain ® a�Mr . 41 �� p E ir � ooUN " - - W�Ec■® 111;1Nolo ■oma . . 1e® ,Balfour ry jiiiiiiiii -� � Ele '4ive° dej v. en_ Balfour M ■�t � `. j' .it 1 - �r Park r IBJ - .C:17,.. F.D.'1,#1+` w I•` E■■ i LIMN, � r.i t i' "' MIIZ ,®,® L'd' . `o S ra ue rra u o. oralure _iii ril . • ci 1Sprague P g ° "`"" linContr'act•Based MI 4g r �. I F2dl a! ECPA-01-10 'I 1 IE 1 111 -milliAPPI wa, ��®i® I,": I �4 1 1-. _ 3rd �_ �� ra. mow II� '� ,rte a. Ii—_ II � . . . rwiFn 1 i = N . '. I. ,, a: 11111_ 4th `�_ /atl.. I �� 4:th� y ��: 11® ,1111 1.1II: . MI® 1 JiI �FlE WI ® W 111111 4raj: 1g IN Iii !Mims.. _ rieM ; ' � � .%fh. 4 1f a - - O ,¢ ®p1O11J�i1®11� Mt ■ 8th 1® ' 18 hi�____ l l . l BM `Air 'Pm dm "�';EIi , a IIIilly ; i� � � x �'.3 �h w �Ip #i :®r 11!®1 9tli ■W4 'c' li . Niro : ;k C:� � ,,am 111illtIth111®!N 11!®11I1�Ot;H!U!!I mu' i ; 1,0th .1.0tIir_ University- iT ,' ., , 0 �IOth7 p- 7.j __ ,. ,,Ir it EEO. }---__.Center -r' (_ I' ,HES ;ilii■ �OIIININ u --� `"' r� .,'r4' X, ; Cllr`_ �0 r r L, ��sss '.,� it �Iffingu1 kap : ' ,`ll�th . `- r °�a o Biu,. 11.th '711th - : ' OPT= El�' a r, 'j.� i j j' ji- j j ;j9 1.I .I ECPA-01-10 Request: Change the Comprehensive Plan map designation City of Spokane Valley from CCT to MUA; subsequent Zoning change Community Development Department from CCT to MUA. Exhibit 6 - Vicinity Map of Proposed area LI I I I I ] I I I I Mallon, r — — U I — ?■■■I • r rt L LBr ao d ay f— Broadway ,■ Broadway Gethsemane 1Broadwa5. Elementary Lutheran ?°// J / Spl ingfield -3 Q z gfi field = ,c„ spm ,� LI , y Mk. 1 I Al ri o �, St John-� w 1 ,i - Vianney-1 c4 I Olive I lleyway, Valleyway- VaUalley_way Malleyway ■„ llrllll - 1111111 Nixon VJot I_ - • b 1111 = — Ma M� Lo Main 1 = Main , ■ x• �o Balfour Riverside ParkRiverside w w up I ■ I F.D.1111 Sprague 'I Sprague Contract Sprague 1 Based Education Z is t F — ' ECPA—01-10 — 2n I II I H r 3, ca -c �� Appleway _ o_ 3rd— t — J.. o Li a- ©—rimmErimimo4th , -- 4t ----_ , 4th Ig- - T-- 9 -- - I � �—S.th ��, IIII 5th F� H 6th = — o 6th o ( T� ra 6th r o rr L p I w C p4 6th- 7th 7_th 7th 0 2 8th 0 I Rh 8t4 6611 8th 9th— 9,th 9 - �: 9.th -w , I �, io: 111th tOth -. 10,thA Ta'_ University [troth I ll Elm - Center II I r 1 I '� 11th - I nth �o N'1 Lth I IN T� I — ip ECPA-01-10 Request: Change the Comprehensive Plan map designation City of Spokane Valley from CCT to MUA; subsequent Zoning change Community Development Department from CCT to MUA. Exhibit 7 - Transportation Map r I I ._. ��... �� i'- 4 71 I I I —� — - (� „ — L Gethsmane Lutheran P.. Irrri 1 Broadway 1 Broadway_Elementary a / _ J i )// _Springfield J . Springfieldl_ `Springfield_ Springfie1dl� - Alki_ Alki I II ` Alki I I I I 1 - St John Vianneyq. _o "; Olive 3 E. x I _ I .t o Valleywayl fNL-n] t 1111111 i Nixon 1 a _ron= Mau U Main_ 1 1 1 = I —iiMain . . . . — , Riverside ark Rivers de_-1 Bal _ v) FIR: DISTRI�1 - o Pci w Sprague ' , , Contract Based Education i LiI j y •G o I 3 ECPA-01-10 ;— C P`', — 1 II I_ I � _ — _ ! - - - — — —� — — - Appleway � � - - - - � - � i 1 1 � 3rd o, —Ir It 4th `i) —5th a15._ I11 �_Sth >, � _ 6th. ��o a 6th 16th 6th -E :- ii SII PI 6th = Legend C H 7th - Current Classification — 1 State or Federal , •• / gt r Principal Arterial1 1 — Minor Arterial - 9th Collector ' 9th — — • Proposed Principal Arterial ',I'„IIuhIUl p p � duu„. lIlIll. 10th 1 1 • Proposed Minor Arterial rx - • Proposed Collector p versity Center) I 11th ■IiiQRIi■■�I 11th _ 11th 1/t/) 1 11th Al MIEN ' ECPA-01-10 Request: Change the Comprehensive Plan map designation City of Spokane Valley from CCT to MUA; subsequent Zoning change Community Development Department from CCT to MUA.