Loading...
Agenda 07/22/2010 S okane p Valle Y Spokane Valley Planning Commission Agenda City Hall Council Chambers, 11707 E. Sprague Ave. July 22, 6:00 p.m. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. APPROVAL OF AGENDA V. APPROVAL OF MINUTES: Minutes from May 13, 2010 VI. PUBLIC COMMENT: On any subject that is not on the agenda VII. COMMISSION REPORTS VIII. ADMINISTRATIVE REPORT IX. COMMISSION BUSINESS OLD BUSINESS: NEW BUSINESS:PUBLIC HEARING—CTA-05-10, CODE AMENDMENTS, ASSISTANT PLANNER CHRISTINA JANSSEN PUBLIC HEARING—CTA-07-10 CODE AMENDMENT— ASSISTANT PLANNER CHRISTINA JANSSEN X. FOR THE GOOD OF THE ORDER XI. ADJOURNMENT COMMISSIONERS CITY STAFF JOHN G.CARROLL,CHAIR KATHY MCCLUNG,CD DIRECTOR CRAIG EGGLESTON GREG MCCORMICK,PLANNING MGR,AICP RUSTIN HALL SCOTT KUHTA,SENIOR PLANNER,AICP JOE MANN MIKE BASINGER,SENIOR PLANNER,AICP MARCIA SANDS,VICE CHAIR CARY DRISKELL,DEPUTY CITY ATTORNEY ART SHARPE DEANNA GRIFFITH,ADMIN ARNE WOODARD WWW.SPOKANEVALLEY.ORG CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: July 22"d, 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: Public hearing to amend the Sprague and Appleway Corridors Subarea Plan (SARP) as follows: Chapter 2.2.2 (Building Use) Sprague and Appleway Corridors Subarea Plan-remove the prohibited uses section and add a conditional use section which includes vehicle sales. GOVERNING LEGISLATION: RCW 36.70B.170-210 PREVIOUS PLANNING COMMISSION ACTION TAKEN: None BACKGROUND: The Uniform Development Code was adopted in September of 2007 and was effective October 28th, 2007. The Sprague and Appleway Corridors Subarea Plan was adopted on June 16th, 2009 and became effective on October 15th, 2009. Following the adoption of these codes, a number of items were discovered which were incorrect, impractical, or omitted. The proposed amendment is a privately initiated code amendment applied for on May 21st , 2010. RECOMMENDED ACTION OR MOTION: Staff's opinion is that the proposed amendment meets the approval criteria for amendments to the Sprague and Appleway Corridors Subarea Plan and recommend that the Planning Commission forward a recommendation to the Spokane Valley City Council to amend the SARP as stated above. BUDGET/FINANCIAL IMPACTS: NA STAFF CONTACT: Christina Janssen-Assistant Planner ATTACHMENTS: (1) Amended Text (2) Staff Report and Recommendations c)Mixed Use Avenue Retail i)Permitted Uses: (1)"Medium Box"Commercial Sales&Services including the following: (a)Establishments selling or servicing Large Scale Goods such as party goods,art supplies,sporting goods,auto parts,electronics or appliances,outdoor accessories, furniture,home furnishings,hardware,and home improvements stores. (b)Commercial services such as miscellaneous Repair Service uses with no outdoor storage,including plumbing services,laundry services,cleaning and janitorial service and supplies,vacuum cleaning and sewing repair and rental shops,etc. (c)Print and Graphics Supply and Service,including typesetting,lithography,graphics and art services,etc. (d)Big Box and Medium Box Warehouse retail,restaurant supply retail,and warehouse scale buying club retail. (e)Warehousing is permitted as an accessory to retail or light industrial use.The total area of a building to be used for warehousing may not exceed 30%of the total floor area. (2)Drive-in/Drive-up Fast Food Restaurants and espresso stands. (3)Gas stations and auto repair shops.(Gas station may be exempt from 2.2.3.Minimum Building Height Regulations and 2.2.12.Frontage Coverage Regulations.) (4)Convenience Stores (5)Veterinary clinics and"doggy day care"facilities. (6)Pawn shops,check cashing stores and casinos. (7)Funeral homes. ii)Conditional Uses (1)Vehicle Sales Full service restaurants (2)Used vehicle sales • COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION Spokan \'`e STAFF REPORT AND RECOMMENDATION TO THE 40Mdlley PLANNING COMMISSION CTA-05-10 STAFF REPORT DATE:JULY 8,2010 HEARING DATE AND LOCATION: July 22nd, 2010, beginning at 6:00 p.m., Spokane Valley City Hall Council Chambers, 11707 East Sprague Avenue, Suite 101, Spokane Valley,Washington 99206. PROPOSAL DESCRIPTION: Privately initiated code text amendment to the following section of the Sprague-Appleway Revitalization Plan(SARP):Chapter 2.2.2(Building Use)to remove the prohibited uses section and add a conditional use section which includes boat and vehicle sales. This proposal is considered a non-project action under RCW 43.21C. PROPOSAL LOCATION: The proposal affects the entire City of Spokane Valley. APPLICANT: Whipple Consulting Engineers APPROVAL CRITERIA: Title 17(General Provisions)and Title 21 (Environmental Controls)of the SVMC. SUMMARY OF RECOMMENDATION: The Planning Division recommends that the Planning Commission approve the proposed text amendment to the Sprague-Appleway Revitalization Plan(SARP). STAFF PLANNER: CHRISTINA JANSSEN,Assistant Planner,Community Development Department ATTACHMENTS: Exhibit 1: Application Exhibit 2: Draft Amendment Exhibit 3: SEPA Determination BACKGROUND INFORMATION A. BACKGROUND INFO On May 21,2010, staff received a privately initiated text amendment application to amend Chapter 2.2.2(Building Use) to remove the prohibited uses section and add a conditional use section which includes boat and vehicle sales. The City Council had previously initiated a similar text amendment which was reviewed by the Planning Commission, along with two additional amendments,at a June 24th,2010 public hearing. The Planning Commission forwarded a recommendation on the other two amendments to the council but requested additional information on the proposal which would allow vehicle sales as a conditional use in the Mixed Use Avenue zone. That amendment will be studied further at a public hearing to be held on July 22nd,2010. B. APPLICATION PROCESSING Chapter 17.80 Permit Processing Procedures in the SVMC. The following summarizes key application procedures for the proposal. Date of Published Notice of Public Hearing: July 2nd,9th,& 16th Staff Report to Planning Commission CTA-05-10 Page 1 of 4 Section 17.80.150(F) of the Spokane Valley Municipal Code (SVMC) provides approval criteria that must be considered when the City amends the SVMC or the Sprague-Appleway Revitalization Plan (SARP). The criteria are listed below along with staff comments. 1. The proposed text amendments are consistent with the applicable provisions of the Comprehensive Plan; Staff Response: The City of Spokane Valley has adopted goals and policies consistent with the Growth Management Act (GMA) and the City of Spokane Valley's Comprehensive Plan. The proposed text amendments are consistent with the City's adopted Comprehensive Plan. a. 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. b. Goal EDG-7: Maintain a regulatory environment that offers flexibility, consistency, predictability,and clear direction. The amendment to add vehicle and boat sales to the Mixed Use Avenue zone is in conflict with the original idea of locating all vehicle sales to the Gateway area. The original draft of the SARP proposed all new vehicle sales in the Gateway area and used vehicle sales in the Mixed Use Avenue. During deliberations, staff was advised that the city could not differentiate between the two. If new vehicle sales were allowed, then used vehicles also have to be permitted. The Planning Commission recommended that vehicle sales be removed from the Mixed Use Avenue zone. By requiring a conditional use permit,the public will have the opportunity to comment on any proposal and the staff can recommend conditions to mitigate any aesthetic impacts. 2. The proposed amendment bears a substantial relation to public health, safety, welfare, and protection of the environment; Staff Response: The amendments bear substantial relation to public health, safety, welfare and protection of the environment. The proposed amendments will expand the uses within the Mixed Use Avenue Retail zone. Conclusion(s): The proposed text amendments to the SARP are consistent with the approval criteria contained in the SVMC. W. STAFF RECOMMENDATION The Planning Division after review and consideration of the proposed text amendment and applicable approval criteria recommends that the Planning Commission recommend approval of CTA-05-10. V. PLANNING COMNIISSION FINDINGS The Planning Commission is required to adopt findings of fact(Sections 17.80.140& 17.80.150)when recommending changes to the SVMC and the Sprague-Appleway Revitalization Plan(SARP). At the conclusion of the hearing for the text amendments to the SVMC and the Sprague-Appleway Revitalization Plan(SARP),the Planning Commission,by separate motion, should adopt findings of fact. Background: A. The Uniform Development Code(UDC)was adopted in September 2007 and became effective on October 28,2007. B. The Sprague-Appleway Revitalization Plan(SARP)was adopted on June 16th,2009 and became effective on October 15th,2009. C. Chapter 19.30.040 SVMC allows code text amendments to be submitted at any time. D. Following the adoption of the code a number of items were found to be either incorrect, impractical, or omitted. Staff Report to Planning Commission CTA-05-10 Page 3 of 4 Issuance of an Determination of Non-Significance(DNS): July 9th,2010 End of Appeal Period for DNS: July 23rd,2010 C. 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)on July 9th,2010,for the proposal. This decision was made after review of a completed environmental checklist and other information on file with the lead agency. Conclusion(s): The procedural requirements of the State Environmental Policy Act and Title 21 of the SVMC have been fulfilled by the submittal of the required SEPA Checklist, and the issuance of the City's threshold determination consisting of a DNS. No appeals have been received at the time of this report. The appeal period will close July 23r1,2010. D. THE SPRAGUE-APPLEWAY REVITALIZATION PLAN(SARP) Book I: Community Intent Book I sets forth what the community aspires to achieve and describes the physical outcomes that the SARP is intended to orchestrate as new investment creates change. Book I is essentially the comprehensive plan policy basis for the SARP and is considered a part of the PLAN. Book II: Development Regulations Book II is the implementation of the policy direction established in Book I and contains the Development Regulations that govern all future public and private development actions in the area covered by the SARP. Book III: City Actions Book LEI outlines the City's role in the redevelopment of the Sprague and Appleway corridor by identifying strategic public investments within the SARP area the implement policy direction from Book I of the SARP Prior to the adoption of SARP, a market analysis was conducted that concluded that the Sprague Appleway corridor had a surplus of commercial property. One of the strategies to address the surplus was change the commercial strip to create centers and segments. The City Center and Neighborhood Center Retail zones would serve the needs of neighborhoods within a short drive and create a dynamic pedestrian oriented city center. The segments portion would be distinguished by cohesive building types. Specifically,the Mixed Use Avenue would focus on a mix of workplace, commercial and high density residential uses. The subject code amendment is proposed within the Mixed Use Avenue zone. Vehicle and boat sales were not included in the Mixed Use Avenue primarily because the original thinking was that by concentrating the vehicle and related sales to the Gateway Commercial areas, car and other vehicle sales would become a regional destination area for consumers looking for those products. The proposed amendment would allow vehicle and boat sales in the Mixed Use Avenue zone with a conditional use permit. The conditional use permit process, which includes a public hearing, ensures that the proposed use is compatible with the zoning, will not interfere with the use of adjacent properties and provides the public an opportunity to comment on the impacts of the proposed use. E. STAFF FINDINGS AND CONCLUSIONS SPECIFIC TO THE CODE TEXT AMENDMENT 1. COMPLIANCE WITH TITLE 17(GENERAL PROVISIONS)OF THE SPOKANE VALLEY MUNICIPAL CODE Findings: Staff Report to Planning Commission CTA-05-10 Page 2 of 4 E. The Planning Commission held a public hearing on July 22nd,2010. The Planning Commission recommends approval of the following amendment to the Sprague-Appleway Revitalization Plan(SARP): Chapter 2.2.2(Building Use)to remove the prohibited uses section and add a conditional use section which includes boat and vehicle sales. Findings: SVMC 17.80.150(F)states that the City may approve amendments to the UDC if it finds that: (A)the proposed amendment is consistent with the applicable provisions of the Comprehensive Plan; and (B)the proposed amendment bears a substantial relation to the public health, safety,welfare, and protection of the environment. 1. 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. The Planning Commission finds that the code amendment is consistent with this provision. 2. Goal EDG-7: Maintain a regulatory environment that offers flexibility, consistency, predictability, and clear direction. The Planning Commission finds that the code amendment is consistent with this provision. Conclusions: The proposed amendments meet the applicable provisions of the Spokane Valley Municipal Code and are consistent with appropriate goals and policies of the Spokane Valley Comprehensive Plan Recommendations: The Spokane Valley Planning Commission therefore recommends approval to the City Council of proposed amendments to the Spokane Valley Municipal Code. Staff Report to Planning Commission CTA-05-10 Page 4 of 4 ' e CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: July 22"d, 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: Public hearing to amend the Sprague and Appleway Corridors Subarea Plan (SARP) as follows: Chapter 2.2.2 (Building Use) Sprague and Appleway Corridors Subarea Plan-Allow vehicle sales within the Mixed Use Avenue Retail zone with a Conditional Use permit. GOVERNING LEGISLATION: RCW 36.70B.170-210 PREVIOUS PLANNING COMMISSION ACTION TAKEN: None BACKGROUND: The Uniform Development Code was adopted in September of 2007 and was effective October 28th, 2007. The Sprague and Appleway Corridors Subarea Plan was adopted on June 16th, 2009 and became effective on October 15th, 2009. Following the adoption of these codes, a number of items were discovered which were incorrect, impractical, or omitted. Earlier this year, the City Council requested that staff initiate a code amendment for the above referenced item. This item was first presented at a June 24th, 2010 public hearing where the Planning Commission requested further information before making a recommendation. RECOMMENDED ACTION OR MOTION: Staff's opinion is that the proposed amendment meets the approval criteria for amendments to the SARP and recommend that the Planning Commission forward a recommendation to the Spokane Valley City Council to amend the SARP as stated above. BUDGET/FINANCIAL IMPACTS: NA STAFF CONTACT: Christina Janssen-Assistant Planner ATTACHMENTS: (1) Amended Text (2) Staff Report dated Jurie 17th, 2010 (3) Memorandum dated July 15, 2010-- (4) Email from City Attorney dated June 29th, 2010 •••' ..„ Sjö1 > galley 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhall@spokanevalley.org Memorandum Date: July 15th,2010 To: Spokane Valley Planning Commission From: Christina Janssen-Assistant Planner Re: CTA-07-10 (Previously included as part of CTA-03-10) At a public hearing held on June 24th, 2010, staff presented a code amendment to the Sprague and Appleway Corridors Subarea Plan that would allow vehicle sales as a conditional use in the Mixed Use Avenue Retail zone. The Planning Commission requested that staff further research the following items and report back at a public hearing on July 22nd,2010: 1) Is it possible, legally speaking,to consider vehicle sales and boat sales separately? In an email (attached) dated June 29th,2010,Mike Connelly, City Attorney provided this legal opinion: "A City may, in its development code, distinguish between types of vehicles,i.e. cars and boats,if there is a reasonable basis for the distinction and subsequent restriction on use. The basis should become a part of the fmdings. We should also strive to be consistent with other portions of the development code." 2) How are vehicles,boats, and recreational vehicles defined in the Spokane Valley Municipal Code and in neighboring jurisdictions? The table below includes the definition of Vehicle and Recreational Vehicle from the Spokane Valley Municipal Code as well as codes from surrounding jurisdictions. None of the codes looked at included a definition of boat/watercraft. Vehicle Recreational Vehicle Spokane Valley No definition of Vehicle A vehicular-type built on a single Municipal chassis designed as temporary living quarters for recreational, camping, or travel use,with or without motor power including, but not limited to,travel trailers, truck campers,camping trailers and self—propelled motor homes. City of Spokane Vehicles that have their own motive power and A vehicle,which is: that are used for the transportation of people or 1. Built on a single goods on streets. Motor vehicle includes: chassis; a. Motorcycles 2. Four hundred square b. Passenger vehicles feet or less when c. Trucks, and measured at the d. Recreational vehicles largest horizontal with motive power. See also Passenger projection; Vehicle,Recreational Vehicle,and Truck. 3. Designed to be self- propelled or permanently towable by a light duty truck; and 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping,travel,or seasonal use. Spokane County An item which is designed to transport A vehicular type portable objects,merchandise, other articles, or structure without permanent persons from one point to another whether foundation primarily designed the item(vehicle) is operable or as temporary living quarters inoperable. Does not include for recreational, camping, or manufactured or mobile homes. travel use,with or without motor power and occupied in any one place for a period not exceeding 30 days. This includes,but is not limited to, travel trailers,truck campers, camping trailers, and self propelled motor homes. Liberty Lake An item which is designed to transport A vehicular type portable objects,merchandise, other articles, or structure without permanent persons from one point to another whether foundation primarily designed the item(vehicle) is operable or as temporary living quarters inoperable. Does not include for recreational, camping, or manufactured or mobile homes travel use, with or without motor power and occupied in any one place for a period not exceeding 30 days. This includes,but is not limited to, travel trailers,truck campers, camping trailers, and self propelled motor homes. Cheney No definition of Vehicle No definition of Recreational Vehicle Millwood No definition of Vehicle No definition of Recreational Vehicle City of Coeur No definition of Vehicle means a motor home,travel d'Alene trailer,truck camper, or camping trailer,with or without motive power, designed for human habitation for recreational or emergency occupancy,with a living area less than two hundred twenty (220) square feet, excluding built-in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures,bath and toilet rooms. City of Post Falls No definition of Vehicle No definition of Recreational Vehicle 3) Does the Department of Motor Vehicles consider boats differently than other vehicles? The Washington State Department of Motor Vehicles does not differentiate between boats/watercraft or other vehicle types for any purpose other than the price of the yearly license. This further research does not change staffs original opinion that the proposed text amendment is consistent with the approval criteria contained in the SVMC and recommends that the Planning Commission recommend approval of CTA-07-10. Christina Janssen From: Mike Connelly Sent: Tuesday, June 29,2010 11:15 AM To: Christina Janssen Cc: Kathy McClung; Greg McCormick; Scott Kuhta Subject: RE: Definition of"Vehicles" A City may, in its development code, distinguish between types of vehicles, i.e.cars and boats, if there is a reasonable basis for the distinction and subsequent restriction on use. The basis should become a part of the findings. We should also strive to be consistent with other portions of the development code. Let me know if you have any further questions. Mike Connelly City Attorney City of Spokane Valley 11707 East Sprague Ave. Suite 103 Spokane Valley,WA 99206 Phone: (509) 688-0238 Fax: (509) 688-0299 Confidentiality Notice: The information contained in this email and any accompanying attachment(s)is intended only for the use of the intended recipient and may be confidential and/or privileged. If any reader of this communication is not the intended recipient,unauthorized use, disclosure or copying is strictly prohibited,and may be unlawful. If you have received this communication in error,please immediately notify the sender by return email,and delete the original message and all copies from your system. Thank you. From: Christina Janssen Sent:Tuesday,June 29, 2010 10:51 AM To: Mike Connelly Subject: Definition of"Vehicles" Mike, I am writing as a follow up to our conversation last week regarding the definition of vehicles. At last weeks Planning Commission meeting,the commission asked that I get a determination from you about whether or not they can separate Boats and Recreational Vehicles from general Automobile sales. The amendment before them involves allowing vehicle sales in the Mixed Use Avenue Retail zone and they are trying to decided whether to recommend that all vehicle sales be allowed there,or if just certain types of vehicles should be sold there. Please let me know if there is anything else I can provide to help clarify this issue. Thanks Christina J. Janssen Assistant Planner City of Spokane Valley 1 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION Spokane STAFF REPORT AND RECOMMENDATION TO THE .,Valley PLANNING COMMISSION CTA-07-10 STAFF REPORT DATE:JULY 8,2010 HEARING DATE AND LOCATION: July 22, 2010,beginning at 6:00 p.m., Spokane Valley City Hall Council Chambers, 11707 East Sprague Avenue, Suite 101, Spokane Valley,Washington 99206. PROPOSAL DESCRIPTION: Zoning code text amendments to the following section of the Sprague Appleway Corridors Subarea Plan: Chapter 2.2.2(Building Use)Allow vehicles sales within the Mixed Use Avenue Retail zone subject to a Conditional Use Permit. This proposal is considered a non-project action under RCW 43.21C. PROPOSAL LOCATION: The proposal affects the entire City of Spokane Valley. APPLICANT: City of Spokane Valley APPROVAL CRITERIA: Title 17(General Provisions)and Title 21 (Environmental Controls)of the SVMC. SUMMARY OF RECOMMENDATION: The Planning Division recommends that the Planning Commission approve the proposed text amendment to the Sprague and Appleway Corridors Subarea Plan. STAFF PLANNER: CHRISTINA JANSSEN,Assistant Planner,Community Development Department ATTACHMENTS: Exhibit 1: Draft Amendment Exhibit 2: SEPA Determination BACKGROUND INFORMATION A. BACKGROUND INFO The City Council has requested that the staff review the Sprague and Appleway Revitalization Plan(SARP)and propose changes based on public input. The proposed changes will be processed in one of two ways. If the amendment does not conflict with the goals and policies of the Comprehensive Plan(PLAN) it will be sent to the Planning Commission for a public hearing and recommended code change. If the proposed change would be in conflict with the Comprehensive Plan,then the issue will be held until the city processes all the proposed changes to the PLAN during the annual Comprehensive Plan Amendment process. The reason for this is that the PLAN can be changed no more than once a year by state law. Prior to engaging in the zone by zone review,the City Council heard from a citizen with problems with SARP. The citizen had opened a boat sales operation in the Mixed Use Zone and had been contacted by city staff that vehicle sales are not permitted in the Mixed Use Avenue zone. The City Council directed staff to bring this issue to the Planning Commission in advance of the larger study of SARP. This item was first studied at a Public Hearing held on June 24,2010. The Planning Commission held this item for additional information regarding consequences of splitting boat and vehicle sales into separate zoning categories. Staff Report to Planning Commission CTA-07-10 Page 1 of 5 B. APPLICATION PROCESSING Chapter 17.80 Permit Processing Procedures in the SVMC. The following summarizes key application procedures for the proposal. Date of Published Notice of Public Hearing: June 4,2010 Issuance of an Determination of Non-Significance(DNS): June 4,2010 End of Appeal Period for DNS: June 18,2010 First Public Hearing June 24,2010 C. 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) on June 18, 2010,for the proposal. This decision was made after review of a completed environmental checklist and other information on file with the lead agency. Conclusion(s): The procedural requirements of the State Environmental Policy Act and Title 21 of the SVMC have been fulfilled by the submittal of the required SEPA Checklist, and the issuance of the City's threshold determination consisting of a Determination of Non-Significance (DNS). No appeals have been received at the time of this report. The appeal period will close June 18,2010. D. INTENT OF'DIE SPRAGUE AND APPLEWAY CORRIDORS SUBAREA PLAN(SARP) Book I: Community Intent Book I sets forth what the community aspires to achieve and describes the physical outcomes that the SARP is intended to orchestrate as new investment creates change. Book I is essentially the comprehensive plan policy basis for the SARP and is considered a part of the PLAN. Book II: Development Regulations Book II is the implementation of the policy direction established in Book I and contains the Development Regulations that govern all future public and private development actions in the area covered by the SARP. Book III: City Actions Book III outlines the City's role in the redevelopment of the Sprague and Appleway corridor by identifying strategic public investments within the SARP area the implement policy direction from Book I of the SARP Prior to the adoption of SARP, a market analysis was conducted that concluded that the Sprague Appleway corridor had a surplus of commercial property. One of the strategies to address the surplus was change the commercial strip to create centers and segments. The City Center and Neighborhood Center Retail zones would serve the needs of neighborhoods within a short drive and create a dynamic pedestrian oriented city center. The segments portion would be distinguished by cohesive building types. Specifically,the Mixed Use Avenue would focus on a mix of workplace, commercial and high density residential uses. This amendment is proposed within the Mixed Use Avenue zone. The Vehicle Sales use was not included in the Mixed Use Avenue primarily because the original thinking was that by concentrating the vehicle and related sales to the Gateway Commercial areas, car and other vehicle sales would become a destination area for consumers looking for that product. The proposed amendment would allow Vehicle Sales in the Mixed Use Avenue zone with a Conditional Use Permit. The Conditional Use Permit process, which includes a public hearing, ensures that the proposed use is compatible with the zoning and will not interfere with the use of adjacent properties. Staff Report to Planning Commission CTA-07-10 Page 2 of 5 E. STAFF FINDINGS AND CONCLUSIONS SPECIFIC TO THE CODE TEXT AMENDMENT 1. COMPLIANCE WITH TITLE 17(GENERAL PROVISIONS)OF THE SPOKANE VALLEY MUNICIPAL CODE Findings: Section 17.80.150(F) of the Spokane Valley Municipal Code (SVMC) provides approval criteria that must be considered when the City amends the SVMC or the Sprague and Appleway Corridors Subarea Plan. The criteria are listed below along with staff comments. 1. The proposed text amendments are consistent with the applicable provisions of the Comprehensive Plan; Staff Response: The City of Spokane Valley has adopted goals and policies consistent with the GMA and the City of Spokane Valley's Comprehensive Plan. The proposed text amendments are consistent with the City's adopted Comprehensive Plan. a. 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. b. Goal EDG-7: Maintain a regulatory environment that offers flexibility, consistency, predictability, and clear direction. The amendment to add vehicle sales to the Mixed Use Avenue zone is in conflict with the original idea of locating all vehicle sales to the Gateway area.The original draft of the SARP proposed all new vehicle sales in the Gateway area and used vehicle sales in the Mixed Use Avenue. During deliberations,the legal department advised the staff that we could not differentiate between the two. If it was allowed for new vehicles,then used vehicles also have to be permitted.The Planning Commission recommended that the vehicle sales be removed from the Mixed Use Avenue zone. By requiring a conditional use permit,the public will have the opportunity to comment on any proposal and the staff can recommend conditions to mitigate any aesthetic impacts. Following the June 24th,2010 Public Hearing,at the request of the Planning Commission, staff requested an interpretation from the legal department regarding separating they types of vehicles sold in a specific location or zone; i.e. could boat sales be allowed while still prohibiting passenger vehicle sales. The City Attorney advised that a city may, in its development code, distinguish between types of vehicles,i.e. cars and boats,if there is a reasonable basis for the distinction and subsequent restriction on use. Additionally,the Planning Commission had requested research on the definition of both vehicles and recreational vehicles in surrounding jurisdictions. The results of the research are outlined in the table below: Jurisdiction Vehicle/Motor Vehicle Recreational Vehicle City of Spokane Valley-Uniform No definition A vehicular-type built on a single Development Code(UDC) chassis designed as temporary living quarters for recreational, camping, or travel use, with our without motor power including, but not limited to, travel trailers,truck campers, camping trailers and self-propelled motor homes. City of Spokane Vehicles that have their own motive A vehicle which is: 1) built on a power and that are used for the single chassis 2) four hundred square transportation of people or goods on feet or less when measured at the streets. Motor vehicles include: a) largest horizontal projection 3) Staff Report to Planning Commission CTA-07-10 Page 3 of 5 motorcycles b) passenger vehicles c) designed to be self-propelled or trucks, and d) recreational vehicles permanently towable by a light duty with motive power. truck; and 4) designed primarily not for use as a permanent dwelling but as temporary living quarters for • recreational, camping, travel or seasonal use. Spokane County An item which is designed to A vehicular type portable structure transport objects, merchandise, other without permanent foundation articles, or persons from one point to primarily designed as temporary another whether the item (vehicle) is living quarters for recreational, operable or inoperable. Does not camping, or travel use, with or include manufactured or mobile without motor power and occupied in homes any one place for a period not exceeding 30 days. This includes,but is not limited to, travel trailers, truck campers, camping trailers, and self propelled motor homes. Liberty Lake Same as Spokane County Same as Spokane County Cheney No definition No definition Millwood No definition No definition City of Coeur d'Alene,ID No definition Means a motor home, travel trailer, truck camper, or camping trailer, with or without motive power, designed for human habitation for recreational or emergency occupancy, with a living area less than two hundred twenty (220) square feet, excluding built in equipment such as wardrobes, closets, cabinets, kitchen units or fixtures, bath and toilet rooms. City of Post Falls,ID No definition No defmition **None of the above codes provide a definition for boats or watercraft of any kind. The Spokane Valley Municipal Code(UDC) separates vehicle sales and boat sales. Outside of the Sprague and Appleway Corridor,vehicle sales are allowed in the Corridor Mixed Use, Community Commercial, Regional Commercial and Light Industrial zones. Boat sales are allowed in the Community Commercial and Regional Commercial zones. 2. The proposed amendment bears a substantial relation to public health, safety,welfare,and protection of the environment; Staff Response: The amendment bears substantial relation to public health, safety, welfare and protection of the environment. The proposed amendment will expand the uses within the Mixed Use Avenue Retail zone. Conclusion(s): The proposed text amendment to the Sprague and Appleway Corridors Subarea Plan is consistent with the approval criteria contained in the SVMC. IV. STAFF RECOMMENDATION The Planning Division after review and consideration of the proposed text amendment and applicable approval criteria recommends that the Planning Commission recommend approval of CTA-07-10. Staff Report to Planning Commission CTA-07-10 Page 4 of 5 V. PLANNING COMMISSION FINDINGS The Planning Commission is required to adopt findings of fact(Sections 17.80.140 & 17.80.150)when recommending changes to the Sprague and Appleway Corridors Subarea Plan. At the conclusion of the hearing for the text amendments to the Sprague and Appleway Corridors Subarea Plan,the Planning Commission,by separate motion, should adopt fmdings of fact. Background: A. The Uniform Development Code was adopted in September 2007 and became effective on October 28, 2007. B. The Sprague and Appleway Corridors Subarea Plan was adopted on June 16th,2009 and became effective on October 15`h,2009. C. Chapter 19.30.040 SVMC allows code text amendments to be submitted at any time. D. Following the adoption of the code a number of items were found to be either incorrect,impractical,or omitted. E. The Planning Commission held public hearings on June 24th,2010 and July 22nd, 2010. The Planning Commission approved the following amendment to the Sprague and Appleway Corridors Subarea Plan: 1. Chapter 2.2.2(Building Use)Allow vehicles sales with the Mixed Use Avenue Retail zone subject to the conditional use permit requirements. Findings: SVMC 17.80.150(F)states that the City may approve amendments to the UDC if it finds that: (A)the proposed amendment is consistent with the applicable provisions of the Comprehensive Plan;and (B)the proposed amendment bears a substantial relation to the public health, safety,welfare,and protection of the environment. 1. 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. The Planning Commission finds that the code amendment is consistent with this provision. 2. Goal EDG-7: Maintain a regulatory environment that offers flexibility, consistency, predictability, and clear direction. The Planning Commission finds that the code amendment is consistent with this provision. Conclusions: The proposed amendment meets the applicable provisions of the Spokane Valley Municipal Code and are consistent with appropriate goals and policies of the Spokane Valley Comprehensive Plan Recommendations: The Spokane Valley Planning Commission therefore recommends approval to the City Council of the proposed amendment to the Sprague and Appleway Corridors Subarea Plan. Staff Report to Planning Commission CTA-07-10 Page 5 of 5 •••.,g\.... Spokane Valley 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 • cityhall®spokanevalley.org Memorandum Date: July 22, 2010 To: Spokane Valley Planning Commission From: Christina Janssen-Assistant Planner Re: CTA-05-10 Attached is amended language for the above referenced text amendment. c)Mixed Use Avenue Retail i)Permitted Uses: (1)"Medium Box"Commercial Sales& Services including the following: (a)Establishments selling or servicing Large Scale Goods such as party goods, art supplies, sporting goods,auto parts,electronics or appliances,outdoor accessories, furniture,home furnishings, hardware,and home improvements stores. (b)Commercial services such as miscellaneous Repair Service uses with no outdoor storage, including plumbing services, laundry services,cleaning and janitorial service and supplies,vacuum cleaning and sewing repair and rental shops,etc. (c)Print and Graphics Supply and Service, including typesetting, lithography, graphics and art services,etc. (d)Big Box and Medium Box Warehouse retail,restaurant supply retail, and warehouse scale buying club retail. (e)Warehousing is permitted as an accessory to retail or light industrial use.The total area of a building to be used for warehousing may not exceed 30%of the total floor area. (2)Drive-in/Drive-up Fast Food Restaurants and espresso stands. (3)Gas stations and auto repair shops. (Gas station may be exempt from 2.2.3. Minimum Building Height Regulations and 2.2.12. Frontage Coverage Regulations.) (4)Convenience Stores (5)Veterinary clinics and"doggy day care"facilities. (6)Pawn shops, check cashing stores and casinos. (7)Funeral homes. ii) Conditional UsesDro tibitca Uscs- (1)Vehicle Sales Full service restaurants (2) Boat SalesUsed Vehicle Sales Deanna Griffith From: Christina Janssen Sent: Thursday, July 22, 2010 1:51 PM To: Deanna Griffith Subject: FW: CTA-05-10 (#681) From: Todd Whipple [mailto:twhipple@whipplece.com] Sent: Friday, July 16, 2010 10:42 AM To: Christina Janssen Cc: 'WCE Save Email'; 'Ben Goodmansen' Subject: RE: CTA-05-10 (#681) Christina, Hello, I was gone yesterday ... whatever Greg thinks is fine Todd R. Whipple, PE President Whipple Consulting Engineers, Inc 2528 N. Sullivan Road Spokane Valley, WA 99216 p. 509.893.2617 f. 509.926.0227 c. 509.995.2939 email twhipple(a,whippleCE.com From: Christina Janssen [mailto:cjanssen@spokanevalley.org] Sent: Thursday, July 15, 2010 10:40 AM To: bgoodmansen@whipplece.com; Todd Whipple Subject: CTA-05-10 Hi guys, In talking with Greg this morning while looking at the new language we are proposing, he mentioned that the SARP does not consider boat sales as separate from vehicle sales and he was wondering if we need to list both types. He is suggesting that we remove boat sales and just list vehicle sales,which would include boats. Does this cause you any heartburn? I will proceed however you would like me to, however I need an answer fairly quickly as I need to get the new language into the packet today. Thanks Christina J. Janssen 1 Assistant Planner City of Spokane Valley 11707 E. Sprague Avenue#106 Spokane Valley, WA 99206 Phone-(509)720-5333 www.spokanevalley.org (Contents of this email and any reply are subject to public disclosure) 2 Deanna Griffith From: Christina Janssen Sent: Thursday, July 22, 2010 1:22 PM To: Deanna Griffith Subject: FW: CTA-05-10 From: Todd Whipple [mailto:twhipple@whipplece.com] Sent: Friday, July 16, 2010 4:14 PM To: Christina Janssen Subject: RE: CTA-05-10 Have a good weekend ... did you check on that house? Todd R. Whipple, PE President Whipple Consulting Engineers, Inc 2528 N. Sullivan Road Spokane Valley, WA 99216 p. 509.893.2617 f. 509.926.0227 c. 509.995.2939 email twhipple(a,whippleCE.com From: Christina Janssen [mailto:cjanssen@spokanevalley.org] Sent: Friday, July 16, 2010 11:15 AM To: Todd Whipple; Ben Goodmansen Subject: RE: CTA-05-10 Ok. I sent it yesterday out in the P.C. packets as only vehicle sales. I will change it for the hearing and point out to them that we are going to use both "Vehicle Sales" and "Boat Sales." Unless I need to talk to you again, I will see you Thursday night. Christina From: Todd Whipple [mailto:twhipple@whipplece.com] Sent: Friday, July 16, 2010 10:46 AM To: 'Ben Goodmansen'; Christina Janssen Subject: RE: CTA-05-10 Christina ... Since I'm reading my emails ... I think Ben is right ... just to avoid confusion. Todd R. Whipple, PE President Whipple Consulting Engineers, Inc 2528 N. Sullivan Road Spokane Valley. WA 99216 p. 509.893.2617 f. 509.926.0227 c. 509.995.2939 email twhipplewhippleCE.com From: Ben Goodmansen [mailto:bgoodmansen@whipplece.com] Sent: Thursday, July 15, 2010 11:10 AM To: 'Todd Whipple' Subject: FW: CTA-05-10 I think that we need to keep the distinction of boat sales regardless of the SARP because it is a lack of detail in the SARP that causes so much confusion Ben Goodmansen, E.I.T. Whipple Consulting Engineers (WCE) From: Christina Janssen [mailto:cjanssen@spokanevalley.org] Sent: Thursday, July 15, 2010 10:40 AM To: bgoodmansen@whipplece.com; Todd Whipple Subject: CTA-05-10 Hi guys, In talking with Greg this morning while looking at the new language we are proposing, he mentioned that the SARP does not consider boat sales as separate from vehicle sales and he was wondering if we need to list both types. He is suggesting that we remove boat sales and just list vehicle sales,which would include boats. Does this cause you any heartburn? I will proceed however you would like me to, however I need an answer fairly quickly as I need to get the new language into the packet today. Thanks Christina J. Janssen Assistant Planner City of Spokane Valley 11707 E. Sprague Avenue#106 Spokane Valley, WA 99206 Phone-(509)720-5333 www.spokanevalley.org (Contents of this email and any reply are subject to public disclosure) 2 p O CITY OT L J �_ L L1 0, _ _ EC© U7fl a �- _ t) � S okane.4.0* Valley DATE: /' Z2 NAME (PLEASE PRINT) ADDRESS WISH TO SUBJECT E-MAIL �i• . SPEAK? 14 IDG / �i - v�( cn -(D7C)c-/ r> /A-4'pnle&lJljw12L'(�,Cuv-