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Agenda 08/26/2010
Sjö11h1 Valle Y Spokane Valley Planning Commission Agenda City Hall Council Chambers, 11707 E. Sprague Ave. August 26, 6:00 p.m. I. CALL TO ORDER H. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. APPROVAL OF AGENDA V. APPROVAL OF MINUTES: VI. PUBLIC COMMENT: On any subject that is not on the agenda VII. COMMISSION REPORTS VIII. ADMINISTRATWE REPORT IX. COMNIISSION BUSINESS OLD BUSINESS: NEW BUSINESS:PUBLIC HEARING, CTA-06-10, CODE AMENDMENTS, SENIOR PLANNER,LORI BARLOW X. FOR THE GOOD OF THE ORDER XI. ADJOURNMENT 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 Review Meeting Date: August 26, 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 06-10 AGENDA ITEM TITLE: Public Hearing —Amendments to the Sprague and Appleway Corridors Subarea Plan (SARP) as follows: DESCRIPTION OF PROPOSAL: Chapter 2.0.1 (Applicability). Add language that exempts accessory structures from meeting frontage coverage requirements,lheight requirements, or maximum setbacks, but requires the accessory structure td meet architectural standards on existing developed sites. lvl,ri i (1 t iui1!L v Chapter 2.1.5 Gateway Commercial Avenue Zone. Modify the table to allow restricted office uses, that includes accounting, insurance, legal services, etc. (Table section 2.2.2. Building Use); eliminate the maximum front street setback along Sprague Avenue. (Table section 2.2.7 Front Street Setback); and eliminate the minimum percentage coverage requirement (Table section 2.2.12 Frontage Coverage). vChapter 2.1.6 Gateway Commercial Center Zone. Modify the table to allow restricted office uses, that includes accounting, insurance, legal services, etc. (Table section 2.2.2. Building Use). 'Section 2.2.2(f) Gateway Commercial Center Retail (Building Use). Add language that exempts vehicle sales uses from front street setback and frontage coverage requirements, and clarify that gas stations are exempt from those same requirements. Section 2.6.1(2)(7) Standards (Signage Regulations). Modify the language to increase the area allowed for Wall Signs from 15% up to 25% of the wall area. Section 2.6.2(3) Standards (Wall Signs). Modify the language to allow wall signs to be placed above the 1st floor. Section 2.6.2(6) Standards (Freestanding Signs). Modify the language to allow freestanding signs on sites other than those along Sprague Avenue, and allow dual Ll frontage lots to have a maximum of one free-standing sign per street frontage. GOVERNING LEGISLATION: RCW 36.70A.106; SVMC 17.80.150 and 19.30.040 PREVIOUS COUNCIL ACTION TAKEN: June 15, 2010 Council passed a motion directing the Planning Commission to consider text amendments to Book II, Development Regulations of the Subarea Plan as a result of input from a community meeting on the Gateway Commercial Center and Gateway Commercial Avenue Zones. August 12, 2010 the Planning Commission conducted a study session. BACKGROUND: The Sprague and Appleway Corridors Subarea Plan was adopted on June 16th, 2009 and became effective on October 15th, 2009. Earlier this year council requested that staff initiate a zone by zone review of the Subarea Plan to determine if changes are necessary to better serve the public interests. The review process for each zoning district included a study session with the council, a public meeting with the property owners and a follow-up meeting with council to determine which text amendment changes, if any, staff should proceed with. The first zoning districts to be reviewed were the Gateway Commercial Avenue and Gateway Commercial Center Zones. Since both zones were designed to support the auto sales and service industry, and contained similar regulations, they were reviewed together. Council review was conducted on May 18th, 2010, and a public meeting was conducted on May 20th 2010. The meeting was attended by approximately 35 people. As a result of the comments at the meeting, the changes outlined above were forwarded to the Council on June 8th where Council directed staff to proceed with the formal code text amendment process. A motion formalizing the direction was passed on June 15, 2010. OPTIONS: Recommend approval; recommend denial or direct staff further RECOMMENDED ACTION OR MOTION: No recommendation is provided. The Planning Division recommended approval of the SARP and therefore is not providing a recommendation to approve or deny the city initiated proposed text amendments. Instead the Planning Division recommends that the Planning Commission consider the outcome of the each code text amendment to determine if the desired result will be achieved through code implementation. STAFF CONTACT: Lori Barlow, AICP, Associate Planner ATTACHMENTS: Staff Report Exhibit1: Proposed Amendments SARP Chapter 2.0.1 (Applicability) SARP Chapter 2.1.5 Gateway Commercial Avenue Zone SARP Chapter 2.1.6 Gateway Commercial Center Zone SARP Section 2.2.2(f) Gateway Commercial Center Retail (Building Use) SARP Section 2.6.1(2)(7) Standards (Signage Regulations) SARP Section 2.6.2(3) Standards (Wall Signs) SARP Section 2.6.2(6) Standards (Freestanding Signs) Exhibit 2: Comment letters provided during the public review process 1 .y„,,.., b� = L �� _pucn Commission SITYor _ J_�,:Y.� 9..,.�_)ri n In Sheet Va11ey DATE: IQ 4 7u.s+ ;67 2010 1 NAME (PLEASE PRINT) ADDRESS WISH TO SUBJECT E-MAIL SPEAK? l (><61 (7"-/ -- -- l (/C) 'gSit . 1019 4 DelohiF Eik,5 7`307 E Sores «e > ��� i e 7c�z ;fa. 1-, ; r J Pfrri ;V yclr ,r=> Sprague and Appleway Corridors Subarea Plan Adopted August 2009 Book II—2.2 Site Development Regulations Page 13 o123 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 regulations shall conform to the architectural regulations contained in Section 2.5. 2)All Other District Zones.These regulations shall apply to: a)New construction. b)Exterior Improvements("facelifts")costing more than 20%of the assessed or appraised value of the building and land. Such exterior improvements shall conform to the architectural regulations contained in Section 2.5. 3)New Construction.New construction is defined as an entirely new structure or the reconstruction,remodel, rehabilitation or expansion of a building costing more than 50%of the assessed or appraised value of the existing structure and land. 4)Existing Buildings and Completed Applications.Nothing contained in this section shall require any change to an existing building or structure for which a building permit has been previously issued or applied for in the Community Development Department,and the application is deemed complete prior to the effective date of this Subarea Plan. 5)Ownership/Tenant Changes.Changes in property ownership or tenants of existing uses shall likewise require no change in any existing building or structure. 6)Limitations on Required Improvements.Where improvements and additions are made to existing buildings, requirements for renovation or enlargements apply only to net new floor area.Improvements and additions to existing buildings that increase non-conformities are not permitted.If regulations to be applied to net new floor area are not specified in this Subarea Plan,then the Community Development Director/Designee shall determine which regulations shall apply. Accessory structures proposed on developed sites shall not be required to meet frontage coverage requirements4height requirements,or maximum setbacks. Accessory structures shall meet all applicable architectural standards in section 2.5.2 Height Massing and Composition. ) , ti\ . 7)Non-conforming uses shall be regulated by Spokane Valley Municipal Code(SVMC)Title 19.20.060,with the exception that the lawful use of land at the time of passage of this code may be continued unless the use is discontinued or abandoned for a period of 24 consecutive months. 8)Development regulations established in this Plan are specified as either Standards or Guidelines. Standards address those aspects of development that are essential to achieve the goals of the Subarea Plan.They include specifications for site development and building design,such as permitted land uses,building height and setbacks.Conformance with standards is mandatory. Such provisions are indicated by use of the words"shall", "must",or"is/is not permitted." Guidelines provide guidance for new development in terms of aesthetics and other considerations such as district character or design details.They're intended to direct building and site design in a way that results in the continuity of the valued character of the City of Spokane Valley.Whereas conformance with the Standards is mandatory, conformance with the Guidelines is recommended.Provisions that fall into this category are indicated by the use of words"should,""may"or"are encouraged to."In various cases,the Guidelines provide a choice of treatments that will achieve the desired effect. Sprague and Appleway Corridors Subarea Plan Adopted August 2009 Book II—2.2 Development Regulations Page 29 of 123 e) Gateway Commercial Avenue Retail i)Permitted Uses: (1)Vehicle Sales and Services,including automobiles,recreational vehicles,boats,motor sports vehicles,etc. (Vehicle Sales are exempt from 2.2.7 Front Street Setback Regulations and 2.2.12 Frontage Coverage Regulations.) (2)Vehicle repair,body and glass shops. (3)Vehicle parts and accessories. (4)Gas stations.(Gas station may be are exempt from 2.2.3.Minimum Building Height Regulations and 2.2.12. Frontage Coverage Regulations.) (5)Drive-in/Drive-up Fast Food Restaurants (6)"Medium Box"Commercial Sales&Services including the following: (a)Establishments selling or servicing Large Scale Goods such as party goods,art supplies,sporting goods, 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. ii)Prohibited Uses: (1)Full service restaurants Book II,Section 2.1.6 Development Regulations,page 25 of 123 Sprague and Appleway Corridors Subarea Plan Adopted August 2009 Legend: —:Not Permitted G:Ground Floor Only Required:These are Required elements of all new development as indicated. Permitted:These elements are allowed by right unless otherwise specified in Section 2.2.2.Building Use Limited:These frontages may only be applied to access lobbies for upper floor uses that are different from the ':Community centers,senior centers,teen centers,childcare facilities,and ground floor use educational facilities are not permitted. "' limited to office uses that are suonortive of auto sales and services which 2.1.6.Gatewa Commercial Center District Zone 2.2.Site Development Standards 2.3.Street and Sprague Appleway Other Open Space Standards Ave. Blvd. Streets Street/Street Category Sprague Appleway Other 2.3.1.Street Standards Ave. Blvd. Streets 2.2.1.Building Orientation to Streets and 1)Street Provision required required required Public Open Spaces required or not required required I required I required 2)Pre-Located Street required required required 2.2.2.Building Use 3)Maximum Block Size 5 acres 5 acres 5 acres 1)Retail — — — 4)Street Configuration required required required a)City Center Retail — — — 5)Street Type b)Neighborhood Center Retail — — — a)Core Street — — — c)Mixed-Use Avenue Retail — — — b)City Street — — permitted d)Corner Store Retail — — — c)Neighborhood Street — — — e)Gateway Commercial Avenue Retail permitted permitted permitted d)Neighborhood Green Street — — — 1)Gateway Commercial Center Retail permitted permitted permitted e)Service Street — permitted 2)Civic,Quasi-Civic,&Cultural permitted-' permitted-' permitted-` f)Alley -- — — 3)Office restricted-'" restricted-"" restricted-"" g)Passage — — — 4)Light Industrial — — — 2.3.2.Open Space Standards 5)Lodging(w/common entry) permitted permitted permitted see section 2.3.3 6)Live-Work — — — 7)Residential 2.4.Parking Standards Sprague Appleway Other Ave. Blvd. Streets a)Multi-Family w/Common Entry — — — 2.4.1.Parking Types b)Attached Single-Family w/Individual — — — 1)Surface Parking c)Detached Single-Family Housing — — — a)Front lot — permitted permitted 2.2.3.Building Height b)Side lot permitted permitted permitted minimum height I floor/20 ft 1 floor/20 t1 I floor/20 ft c)Rear lot permitted permitted permitted maximum height 3 floors/42 ft 3 floors/42 ft 3 floors/42 ft 2)Parking Structure 2.2.4.Relation to Single Family Homes a)Exposed permitted permitted permitted required or not applicable N/A I N/A I N/A b)Wrapped-Ground Level permitted permitted permitted 2.2.5.Public Frontage Improvements c)Wrapped-All Levels permitted permitted permitted required or not required required I required I not required d)Partially Submerged Podium permitted permitted permitted 2.2.6.Private Frontage e)Underground Parking permitted permitted permitted 1)Shopfront permitted permitted permitted 2.4.2.Parking Standards 2)Corner Entry permitted permitted permitted see section 2.4.2. 3)Arcade — — — 4)Grand Portico — — — 2.5.Architectural Sprague Appleway Other Standards Ave. Blvd. Streets 5)Forecourt — — — 2.5.2.Height Massing&Composition 6)Grand Entry permitted permitted permitted Top I required required required 7)Common Lobby Entry — — — Base required required required 8)Stoop — — — 2.5.3.Length Massing&Composition 9)Porch — — — Streetwall Increment 100ft 80ft IOOft 10)Front Door — — — Sidewall&Rearwall Increment N/A N/A N/A 11)Parking Structure Entry permitted permitted permitted t2)Vehicle Display:Option 1 — — — 2.6.Signage Standards Sprague Appleway Other Ave. Blvd. Streets 13)Vehicle Display:Option 2 — — — 2.6.2.Signage Types 14)Edge Treatment:Fenced — permitted permitted see section 2.6 13)Edge Treatment:Terraced permitted permitted permitted 14)Edge Treatment:Flush permitted permitted permitted 2.2.7.Front Street Setback minimum/maximum Oft/10 ft I 5 ft/no max I 0 ft/no max 2.2.8.Side Street Setback minimum/maximum Oft/20 f1 I Oft/no max I Oft/no max 2.2.9.Side Yard Setback minimum w/living space windows 10 ft 10 f) 10 ft minimum w/out living space windows 5 ft 5 ft 5 ft 2.2.10.Rear Yard Setback minimum setback 10ft ' 10ft ' loft 2.2.11.Alley Setback minimum setback 5 f I5f I 5 ft 2.2.12.Frontage Coverage minimum percentage covered a I no min I no min. 2.2.13.Bu ild-to-Comer required or not required required I not required I not required 2.2.14.Maximum Building Length Page 45 of 201 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION Spokane STAFF REPORT AND RECOMMENDATION TO THE do Valley PLANNING COMMISSION CTA-06-10 STAFF REPORT DATE:AUGUST 19,2010 HEARING DATE AND LOCATION: August 26, 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 sections of the Sprague Appleway Corridors Subarea Plan: 1)Chapter 2.0.1 (Applicability)Identify what regulations pertain to Accessory Structures; 2)Chapter 2.1.5 Gateway Commercial Avenue District Zone) Update table (Building Use)to allow limited office uses,eliminate the maximum front street setback, and eliminate the minimum frontage coverage percentage;3)Table 2.1.6(Gateway Commercial Center District Zone)Update table(Building Use)to allow limited office uses;4)Chapter 2.2.2(e)(Gateway commercial Avenue)to exempt vehicle sales from front street setback and frontage coverage requirements;and 5)Chapter 2.6(Signage Regulations)increase wall mounted signage area allowed up to 25%of the wall area,allow wall signs to be placed above the 1st floor of the building,and allow 1 freestanding sign per street frontage. This proposal is considered a non-project action under RCW 43.21C. PROPOSAL LOCATION: The proposal affects all properties located within the area regulated by the Sprague and Appleway Corridors Subarea Plan. APPLICANT: City of Spokane Valley APPROVAL CRITERIA: Title 17(General Provisions)and Title 21 (Environmental Controls)of the SVMC. SUMMARY OF RECOMMENDATION: No specific recommendation is provided. The Planning Division recommended approval of the SARP and therefore is not providing a recommendation to approve or deny the city initiated proposed text amendments. Instead the Planning Division recommends that the Planning Commission consider the outcome of each code text amendment to determine if the desired result will be achieved through code implementation. However, in the case of clarifying the regulations applicable to Accessory Structures, since it was not contemplated in the code, staff recommends approval. STAFF PLANNER: LORI BARLOW,AICP,Associate Planner,Community Development Department ATTACHMENTS: Exhibit 1: Draft Amendments Exhibit 2: SEPA Determination Exhibit 3: Comments received from the Community Meeting conducted on May 20,2010 BACKGROUND INFORMATION A. BACKGROUND INFO The Sprague and Appleway Corridors Subarea Plan was adopted on June 16th, 2009 and became effective on October 15th, 2009. Earlier this year council directed staff to conduct a zone by zone review of the Subarea Plan to determine if changes are necessary to better serve the public interests. The review process for each zoning district included a study session with the council, a public meeting with the property owners, and a follow-up meeting with council to determine Staff Report to Planning Commission CTA-06-10 Page 1 of 9 which changes staff should proceed with. The proposed changes will be processed in one of two ways. If the amendment is consistent with the goals and policies of the Comprehensive Plan (PLAN) it will be sent to the Planning Commission as a code text amendment. If the proposed change conflicts 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 Plan may not be changed more than once a year pursuant to state law. The first zoning districts reviewed were the Gateway Commercial Avenue and Gateway Commercial Center Zones. Since both zones were designed to support the auto sales and service industry, and contained similar regulations, they were reviewed together. Council review was conducted on May 18th, 2010, and a public meeting was conducted on May 20th, 2010. The meeting was attended by approximately 35 people. Comments received at the meeting were forwarded to the Council on June 8th where Council directed staff to proceed with the formal code text amendment process. A motion formalizing the direction was passed on June 15, 2010. The code text amendments under consideration are a result of this process. 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: August 6,2010 Issuance of a Determination of Non-Significance(DNS): August 6,2010 End of Appeal Period for DNS: August 20,2010 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 August 6, 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 August 20,2010. D. INTENT OF THE 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 that will implement policy direction from Book I of the SARP Staff Report to Planning Commission CTA-06-10 Page 2 of 9 Prior to the adoption of SARP, a market analysis was conducted that concluded that the Sprague/Appleway corridor had a surplus of commercial property. The SARP was developed with the intention to transform the corridor from the linear commercial strip that has fallen out of favor with market trends to a pattern of centers, boulevard and avenue segments consistent with contemporary consumer and investor preferences. The Centers and Segments have a distinct market and focus. The City Center offers commercial goods and services that cater to the entire city in a pedestrian oriented city center. Neighborhood Centers cater to neighborhood retail and services servicing areas only within a short drive. Both centers are characterized by clusters of shops, activity, mix, and intensity. The segments portion would be distinguished by cohesive building types, frontage landscaping and dominant uses. The Gateway Commercial Segment is intended to continue to "enhance its position" as a regional Auto Row, and the Mixed Use Avenue would focus on a mix of workplace, commercial and high density residential uses. The majority of the code amendments in this report are proposed within the Gateway Commercial Avenue (GCA) and Gateway Commercial Center(GCC)zone. The amendments regarding signage and accessory structures are SARP wide. The intent of the Gateway Commercial Zones is to enhance and support auto sales and services. The GCA district allows for vehicle display space between the building and sidewalk while keeping the buildings within 30' of the back of sidewalk. Building Uses are limited to uses considered to be compatible with auto sales and services, and the car oriented design of the streetscape such as medium box stores, and commercial sales and services. The GCC zone supports and complements the Avenue district by fostering a pedestrian oriented environment for restaurants, entertainment, and recreational uses. Physically the zone differs from the Avenue district in that the buildings are situated closer to the sidewalks with a greater presence at the street due to a greater frontage coverage requirement. Vehicle display is not allowed between the building and the sidewalk. The building form is established by the use of minimum and maximum values. Maximum front setbacks and minimum frontage coverage requirements ensure that buildings frame the Sprague street frontage. Office uses are not included in the Gateway Commercial Districts. Office uses are generally considered compatible with high density residential development and are routinely used as buffers between commercial uses and low density residential development. A broad range of office uses are allowed within all other SARP zones. The proposed amendment would eliminate the maximum front setback and minimum building frontage coverage requirement in the GCA District Zone along Sprague Avenue, exempt the car sales uses from the minimum frontage coverage requirements and maximum front setback requirements within the GCC Zone, and allow office uses that are complementary to auto sales and services within both zoning districts. The amendment would not allow front parking lots along Sprague Avenue. Accessory structures were not specifically called out in the subarea plan, as it assumed that new development would meet all requirements and that regulations applicable to existing development would be determined by the applicability section of the code. The proposed amendment clarifies that accessory structures proposed on existing developed sites are only required to meet applicable architectural codes. The signage regulations in the SARP strengthened architectural standards and attempted to reduce visual clutter by reducing the number of pole signs, monument signs, and wall signage areas allowed. The proposed amendment would increase the number of pole signs, and the wall sign area, to be consistent with the current Spokane Valley Municipal Code. Comments from the public meeting indicated that car dealers utilize the area for display purposes and that the maximum setback and minimum building frontage coverage requirements should be eliminated in any district where car sales were allowed. Comments also indicated that signage limits may be an issue for car dealers when the dealers are required to meet franchise requirements. E. STAFF FINDINGS AND CONCLUSIONS SPECIFIC TO THE CODE TEXT AMENDMENT 1. COMPLIANCE WITH TITLE 17(GENERAL PROVISIONS)OF THE SPOKANE VALLEY MUNICIPAL CODE Staff Report to Planning Commission CTA-06-10 Page 3 of 9 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 followed by staff comments. 1. The proposed text amendments are consistent with the applicable provisions of the Comprehensive Plan and Book I: Community Intent of the Sprague and Appleway Corridors Subarea 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 and Book I: Community Intent of the Sprague and Appleway Corridors Subarea Plan. However, the outcome of each code text amendment should be considered to ensure that the code text amendment is consistent with expectations. A brief discussion of the outcomes is provided below following the identification of goals and policies. The applicable goals and policies are listed: SARP Goals and Policies 6)Protect and enhance Auto Row a) Land Use and Development Use land use and development policy to promote further clustering of new auto sales and restricting used car sales to limit the dilution of the specialized Auto Row segment with non auto-sales related uses. Support the development of complementary destination uses that enhance the convenience and experience of shopping for automobiles within Auto Row. Use transportation improvements to unlock the potential of the northern frontage. Emphasize district gateways and introduce shared parking lots to make way-fmding and business access easier for visitors. b) Visibility and Identity Strengthen architectural and signage standards to reduce visual clutter and promote a coherent Auto Row identity. As resources allow, work with dealerships and other Auto Row stakeholders to finance street improvements that enhance the visibility, visual quality and convenience of Auto Row. 7)Employ"form-based"development regulations. Establish development regulations that are composed to achieve the envisioned physical form—the pattern of Centers and Segments described in earlier sections— for the Corridors. Rather than using policy to separate land uses,focus development regulations on physical specifications that permit a more harmonious mixture of uses on neighboring properties and that foster the creation of a more attractive public realm and city identity. COSV Comprehensive Plan a. Goal LUG-5: Identify appropriate locations for the Auto Row Overlay designation. a. LUP-5.1 Identify other appropriate automobile related uses within the Auto Row Overlay designation that are complementary to automobile dealerships b. LUP-5.2 Develop appropriate development standards for permitted uses within the Auto Row Overlay designated area. b. 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 amendment to eliminate the maximum front setback, minimum frontage coverage requirements within site development standards for the Gateway Commercial Avenue Zone, and except Car Sales from meeting those requirements in the Building Use Section, which will also eliminate the requirements from the Gateway Commercial Center Zone District, is consistent with policy LUP-5.2 which indicates that development standards for permitted uses Staff Report to Planning Commission CTA-06-10 Page 4 of 9 should be appropriate. Auto inventory is generally displayed where it is visible to passing traffic in an open sales lot. Display needs are an inherent component of the auto sales industry and therefore may reasonably be addressed by the regulations. The amendment to allow office uses that are related to automobile sales is consistent with LUP-5.1 and SARP Policy 6)a since it limits office uses to those that are supportive or complementary to auto sales. Office uses are contemplated in the SARP plan as a broad category of uses ranging from professional offices, indoor veterinary clinics, and large scale medical clinics and hospitals. Office uses are allowed in all other subarea districts. Limiting the office uses to accounting, insurance, and other office uses determined to be complementary to automobile related uses creates an auto sales support environment. The amendment to clarify what regulations apply to accessory structures is consistent with SARP Goal 7, to employ form based codes, since it doesn't change the regulations. The subarea plan did not call out specific structures within the regulations, but contemplated what regulations would apply through the applicability section of the code. New development must meet the code; existing sites are only required to meet the code requirements if certain criteria were met. If the development were new, than the primary building is required to meet all applicable setbacks and frontage coverage requirements; the placement of the accessory structure is dictated by the available remaining locations and side and rear yard setbacks. If the site is developed and the accessory structure is an expansion, than regulations are triggered if the value threshold is exceeded. Architectural regulations may apply depending on the location of the structure. The amendments to the sign regulations that increase the number of pole signs allowed,allows pole signs on all lots,not just those with Sprague frontage, increases the wall sign area allowed, and allows walls signs to be placed above the 1st floor of a building is consistent with SARP Policy 6)b in that signage enhances the visibility of the business. Architectural signage standards remain that ensure visual quality is achieved. The code amendment implements the changes to all zones that allow pole signs and wall signs; Free standing pole signs are allowed in the Gateway Zones and the Mixed Use Avenue. At this time a code text amendment is under consideration to allow auto sales within the Mixed Use Avenue zoning district. Auto sales advertise to passing traffic and thus a district that allows auto sales should benefit equally to the Gateway zoning districts. Lots that have more than one frontage are generally large and may not realize the full benefit from advertising on a single frontage. Wall signs are allowed in all zoning districts within the subarea plan. Increasing the allowed wall signage area from 15% to 25% and removing the location limits would make the regulations consistent with the City of Spokane Valley wall sign regulations. Since the regulations represent the historical limits it will not lead to an increase in visual clutter,but rather maintain the existing conditions. Outcome Consideration: Accessory Structures: Excepting Accessory Structures added to existing developed sites from meeting maximum setbacks, height regulations, and minimum frontage coverage requirements increases the assessed value of the property and structures and makes it less likely that future expansions will exceed the applicability threshold of 50% of the assessed values,which in turn makes change along the corridor less likely to occur. Existing conditions along the corridor will likely be maintained. Maximum Setbacks and Minimum Frontage Coverage Requirements: Eliminating the maximum front setback and the minimum frontage coverage requirement within the Gateway Commercial Avenue Zone, and for Auto Sales, will allow the developer to size the building as desired and place the building on the lot at will. However, removing the requirements does not change the regulation that precludes front parking lots along Sprague Avenue. While the area between the building and the back of sidewalk may be used for vehicle display, it may not be used for customer parking. Redevelopment of the site becomes problematic for uses other than car sales. Additionally, allowing buildings in the Gateway Commercial Avenue zone to be setback further from the street allows existing conditions to be perpetuated within the Zone. Office Uses in the Gateway Commercial Zones: Adding limited office uses as an allowed use within the Gateway Zones may inadvertently allow additional office uses within the zoning districts. Current policy on non- conforming office structures is that general office uses, which include the broad range of office uses,will be allowed to Staff Report to Planning Commission CTA-06-10 Page 5 of 9 cycle in and out of the building. If an insurance office building were to be constructed as new development within the zoning district, than additional office uses would likely be allowed should that insurance use be discontinued. Restricting the reuse of vacant structure designed for insurance uses or accounting uses may not be practical and in effect may lead to the development of a non-conforming use if the SARP remains. Pole Signs and Wall Signs: Returning the provisions to be consistent with the current City of Spokane Valley Sign Code will not result in a decrease of signage within the corridor, but will allow existing conditions to remain within the Mixed Use Avenue, and Gateway Commercial Zones. 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 Gateway Commercial Avenue and Gateway Commercial Center Zone,allow business' more opportunity to advertise, and gives greater flexibility to Auto sales uses to utilize their lot for vehicle display within the Sprague and Appleway Corridors Subarea Plan. Conclusion(s): The proposed text amendments to the SVMC and the Sprague and Appleway Corridors Subarea Plan are consistent with the approval criteria contained in the SVMC. F. STAFF RECOMMENDATION Staff recommends approval of the amendment to clarify what regulations apply to accessory structures. No further staff recommendation is provided. The Planning Division recommended approval of the SARP and therefore is not providing a recommendation to approve or deny the city initiated proposed text amendments. Instead the Planning Division recommends that the Planning Commission consider the outcome of each code text amendment to determine if the desired result will be achieved through code implementation. G. 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 SVMC and the Sprague and Appleway Corridors Subarea Plan. At the conclusion of the hearing for the text amendments to the SVMC and the Sprague and Appleway Corridors Subarea Plan,the Planning Commission,by separate motion, should adopt findings 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 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. E. The Planning Commission held a public hearing on August 26th,2010. The Planning Commission recommended approval of the following amendments to the Sprague and Appleway Corridors Subarea Plan: 1. Chapter 2.0.1 (Applicability). Add language that exempts accessory structures from meeting frontage coverage requirements, height requirements, or maximum setbacks, but requires the accessory structure to meet architectural standards on existing developed sites. Staff Report to Planning Commission CTA-06-10 Page 6 of 9 2. Chapter 2.1.5 Gateway Commercial Avenue Zone. Modify the table to allow restricted office uses, that includes accounting, insurance, legal services, etc. (Table section 2.2.2. Building Use); eliminate the maximum front street setback along Sprague Avenue. (Table section 2.2.7 Front Street Setback); and eliminate the minimum percentage coverage requirement (Table section 2.2.12 Frontage Coverage). 3. Chapter 2.1.6 Gateway Commercial Center Zone. Modify the table to allow restricted office uses, that includes accounting, insurance, legal services, etc. (Table section 2.2.2.Building Use). 4. Section 2.2.2(f) Gateway Commercial Center Retail (Building Use). Add language that exempts vehicle sales uses from front street setback and frontage coverage requirements, and clarify that gas stations are exempt from those same requirements. 5. Section 2.6.1(2)(7) Standards (Signage Regulations). Modify the language to increase the area allowed for Wall Signs from 15%up to 25%of the wall area. 6. Section 2.6.2(3) Standards (Wall Signs). Modify the language to allow wall signs to be placed above the 1st floor. 7. Section 2.6.2(6) Standards (Freestanding Signs). Modify the language to allow freestanding signs on sites other than those along Sprague Avenue, and allow dual frontage lots to have a maximum of one free-standing sign per street frontage. Findings: Staff has prepared the following findings for the Planning Commission in the event that the Commission recommends approval. 1. The Planning Commission finds the proposed text amendments to be consistent with the applicable provisions of the City's Comprehensive Plan and Book I: Community Intent of the Sprague and Appleway Corridor Subarea Plan: SARP Goals and Policies 6)Protect and enhance Auto Row c) Land Use and Development Use land use and development policy to promote further clustering of new auto sales and restricting used car sales to limit the dilution of the specialized Auto Row segment with non auto-sales related uses. Support the development of complementary destination uses that enhance the convenience and experience of shopping for automobiles within Auto Row. Use transportation improvements to unlock the potential of the northern frontage. Emphasize district gateways and introduce shared parking lots to make way-finding and business access easier for visitors. d) Visibility and Identity Strengthen architectural and signage standards to reduce visual clutter and promote a coherent Auto Row identity. As resources allow, work with dealerships and other Auto Row stakeholders to finance street improvements that enhance the visibility, visual quality and convenience of Auto Row. 7)Employ"form-based"development regulations. Establish development regulations that are composed to achieve the envisioned physical form—the pattern of Centers and Segments described in earlier sections— for the Corridors. Rather than using policy to separate land uses,focus development regulations on physical specifications that permit a more harmonious mixture of uses on neighboring properties and that foster the creation of a more attractive public realm and city identity. Staff Report to Planning Commission CTA-06-10 Page 7 of 9 COSV Comprehensive Plan c. Goal LUG-5: Identify appropriate locations for the Auto Row Overlay designation. a. LUP-5.1 Identify other appropriate automobile related uses within the Auto Row Overlay designation that are complementary to automobile dealerships b. LUP-5.2 Develop appropriate development standards for permitted uses within the Auto Row Overlay designated area. d. 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) The Planning Commission finds the proposed text amendments benefits public health, safety, welfare, and protection of the environment: Supporting Statements 1. The amendments bear substantial relation to public health, safety, welfare and protection of the environment. The proposed amendments will expand the uses within the Gateway Commercial Avenue and Gateway Commercial Center Zone, allow business' more opportunity to advertise, and provide greater flexibility to auto sales uses to utilize their lot for vehicle display within the Sprague and Appleway Corridors Subarea Plan while still maintaining the intent of the Subarea Plan. Proposed Motion: The Spokane Valley Planning Commission adopts the findings in the staff report and recommends approval to City Council for the following code text amendments to the Sprague and Appleway Corridor Subarea Plan: Amendment 1: Chapter 2.0.1 (Applicability). Add language that exempts accessory structures from meeting frontage coverage requirements, height requirements, or maximum setbacks, but requires the accessory structure to meet architectural standards on existing developed sites. Amendment 2: Chapter 2.1.5 Gateway Commercial Avenue Zone. Modify the table to allow restricted office uses, that includes accounting, insurance, legal services, etc. (Table section 2.2.2. Building Use); eliminate the maximum front street setback along Sprague Avenue. (Table section 2.2.7 Front Street Setback); and eliminate the minimum percentage coverage requirement(Table section 2.2.12 Frontage Coverage). Amendment 3: Chapter 2.1.6 Gateway Commercial Center Zone. Modify the table to allow restricted office uses, that includes accounting, insurance, legal services, etc. (Table section 2.2.2.Building Use). Amendment 4: Section 2.2.2(f) Gateway Commercial Center Retail (Building Use). Add language that exempts vehicle sales uses from front street setback and frontage coverage requirements, and clarify that gas stations are exempt from those same requirements. Amendment 5: Section 2.6.1(2)(7) Standards (Signage Regulations). Modify the language to increase the area allowed for Wall Signs from 15% up to 25% of the wall area. Amendment 6: Section 2.6.2(3) Standards(Wall Signs). Modify the language to allow wall signs to be placed above the 1st floor. Staff Report to Planning Commission CTA-06-10 Page 8 of 9 Amendment 7: Section 2.6.2(6) Standards (Freestanding Signs). Modify the language to allow freestanding signs on sites other than those along Sprague Avenue, and allow dual frontage lots to have a maximum of one free-standing sign per street frontage. Staff Report to Planning Commission CTA-06-10 Page 9 of 9 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION ijValley 11707 E Sprague Ave Suite 106;Spokane Valley WA 99206 509.921.1000 • Fax:509.921.1008 • citvhall(a spokanevalley.org DETERMINATION OF NONSIGNIFICANCE (DNS) FILE NUMBER: CTA-06-10 DESCRIPTION OF PROPOSAL: Zoning code text amendments to the following sections of the Sprague and Appleway Corridors Subarea Plan: 1) Chapter 2.0.1 (Applicability) Identify what regulations pertain to Accessory Structures; 2) Chapter 2.1.5 Gateway Commercial Avenue District Zone) Update table (Building Use) to allow limited office uses, and eliminate the maximum front street setback and the minimum frontage coverage percentage; 3) Chapter 2.1.6 (Gateway Commercial Center District Zone) Update table(Building Use) to allow limited office uses; 4) Chapter 2.2.2(e) (Gateway Commercial Avenue) to exempt vehicle sales from front street setback and frontage coverage requirements; and 5) Chapter 2.6 ( Signage Regulations) increase wall mounted signage area allowed up to 25% of the wall area, allow wall signs to be placed above the 1st floor of the building, and allow 1 freestanding sign per street frontage. APPLICANT: City of Spokane Valley LOCATION OF PROPOSAL: City of Spokane Valley, Washington LEAD AGENCY: City of Spokane Valley Community Development Department, Planning Division DETERMINATION: Pursuant to Title 21 (Environmental Controls) of the City of Spokane Valley Municipal Code, 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). 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. This DNS is issued pursuant to WAC 197-11-340(2). There is no comment period for this DNS. RESPONSIBLE OFFICIAL: STAFF CONTACT: Kathy McClung, Community Development Director Lori Barlow,Associate Planner Community Development Department Community Development Department City of Spokane Valley City of Spokane Valley 11707 E. Sprague Avenue, Suite 106 11707 E. Sprague Avenue, Suite 106 Spokane Valley, WA 99206 Spokane Valley, WA 99206 PH: (509) 720-5300/FX: (509) 921-1008 PH: (509) 720-5335 /FX: (509) 921-1008 kmcclung@spokanevalley.org lbarlow@spokanevalley.org DATE ISSUED: August 6, 2010_ SIGNATURE: APPEAL: An appeal of this determination must be submitted to the Community Development Department within fourteen (14) calendar days after the date issued. This appeal must be written and make specific factual objections to the City's threshold determination. Appeals shall be conducted in conformance with Section 11.10.170 (Appeals) of the City's Environmental Ordinance, and the required fees pursuant to the City's adopted Fee Schedule shall be paid at time of appeal submittal. Pursuant to Section 11.10.170.3 of the City's Interim Environmental Ordinance, appeals shall be limited to a review of a fmal threshold determination. Determination of Non-Significance CTA-06-10 Aug 6,2010 Copies of the DNS were provided to the following agencies and/or persons: Central Valley School District No. 356 City of Liberty Lake, Community Development City of Spokane,Planning Services City of Spokane School District No. 81 East Valley School District No. 361 Spokane County,Boundary Review Board Spokane County, Building and Planning Spokane County, Division of Utilities-Information Services Spokane County,Clean Air Agency Spokane County,Fire District No. 1 Spokane County,Fire District No. 8 Spokane County,Fire District No. 9 Spokane County, Regional Health District Spokane Transit Authority(STA) Spokane Regional Transportation Council(SRTC) Town of Millwood, Planning and Building Washington State Department of Ecology(Olympia) Washington State Department of Ecology(Spokane) West Valley School District No. 363 Page 2 of 2 Lori Barlow R-1 From: aspens80acres@comcast.net Sent: Wednesday, May 12, 2010 7:35 PM To: Lori Barlow Cc: aspens80acres@comcast.net From: Kevin Llewellyn, DVM Business: T.L.C. Veterinary Clinic and Professional Building 6522 E. First Ave., Suite 101 509-535-8743 Zone: Gateway Commercial Centers • On May 6, I spoke with Lori Barlow by phone and discovered that if my building were to burn to the ground, my veterinary clinic and rental offices could not be rebuilt due to current zoning. If this would be the condition (status) it would not only affect my career but would be devastating to my very livelihood. The loss of rental income from leased office space would be just as devastating. This is simply not right. My insurance broker summed it up by saying, that is crazy, there has to be a 'grandfather' clause to allow me to rebuild my business. I consider my building as much a part of my business as my college degree, my employees, my equipment etc. If my building burned to the ground, I would need to rebuild as soon as possible, as is, at my current site. I urge you to consider how serious it would be to a small business owner not to be able to rebuild in the event of a catastrophic event such as a fire. It is imperative that you make the appropriate changes for a "grandfather" clause to current businesses in this zoning area. 1 Deanna Griffith R-2 From: Kathy McClung Sent: Wednesday, May 05, 2010 4:27 PM To: Deanna Griffith Subject: FW: Notes and Comments plus Two Way Steet Conversion Research From: Bill Gothmann Sent: Wednesday, May 05, 2010 4:26:42 PM To: Bob Ellis Cc: Kathy McClung; Dick Behm (dick@divasales.com) Subject: RE: Notes and Comments plus Two Way Steet Conversion Research Auto forwarded by a Rule Bob: I apologize for not getting back to you. I just had a talk with Dick Behm and he tells me that the idea of a business district did not gain traction. However, SVBA does, indeed, represent the small businesses along Sprague and can speak on their behalf. The City will shortly hold meetings of Auto Row to get their input as to how the zoning should or should not change. You certainly should be a part of that conversation. Let me suggest you contact Kathy McClung, Community Development Director, who will be heading up that effort. Her email is kmcclung@spokanevalley.orq. She will have the schedule and the locations. I am copying her on this email, also Dick Behm. Again, I apologize for not getting back to you. Feel free to call me on my cell, 991-6680, or email me if you have further questions. Sincerely, Bill Gothmann Original Message From: Bob Ellis [mailto:bob@ECS-SYSTEMS.COM] Sent: Wed 5/5/2010 11:15 AM To: Bill Gothmann Cc: debbie ellis Subject: RE: Notes and Comments plus Two Way Steet Conversion Research Bill - I never heard anymore from you after your meeting with Dick Behm. Also, you were looking at how to get input from businesses that are located in Auto Row, but are not part of the Auto Row Group, as our interests and needs are dramatically different from the Auto Row Group. 1 • As a reminder, I had asked for your vision of how the Auto Row district should look, and how we could turn the rapid decay of this area around. Thanks Bob Ellis Empire Cycle & Powersports 7807 E. Sprague Ave. Cell: 991-2815 From: Bill Gothmann [mailto:bgothmann@spokanevalley.org] Sent: Wednesday, May 05, 2010 10:58 AM To: Bill Gothmann Subject: Notes and Comments plus Two Way Steet Conversion Research Good Afternoon: Attached are my notes for the March 23 Council meeting. I have also attached, without comment, my research on 64 one-way to two-way conversions along with comments from the source web pages listed. If you or your friends wish to be added to my email list, email me at bgothmann©spokanevalley.orq <mailto:bgothmann@spokanevalley.orq> . Also, feel free to email me if you have any concerns or wish to discuss issues. Sign up to get 'Hot Topic,' our community newsletter, sent to your email InBox. Go to the City's web page, www.spokanevalley.orq <http://www.spokanevalley.org> , and click on "subscribe to our community e-newsletter, Hot Topic". 2 Unsubscribe: This email is provided as an informational service to those interested in staying informed on City of Spokane Valley programs, projects and issues. If you wish to no longer receive these emails, please reply to this email and include "unsubscribe" in the subject line. Bill Gothmann Councilmember 3 I � Lori Barlow R-3 From: Kathy McClung Sent: Wednesday, May 05, 2010 5:20 PM To: Lori Barlow Cc: Deanna Griffith Subject: FW: Auto Row Game Plan Here is a message for your file. I responded to him about time, date and place. From: Bob Ellis [mailto:bob@ECS-SYSTEMS.COM] Sent: Wednesday, May 05, 2010 4:36 PM To: Kathy McClung Subject: Auto Row Game Plan Kathy: I was given your name by Mr. Gothman,who said that you will be holding hearings as to the future of the Auto Row District. From my limited viewpoint, it appears that the major auto dealers have been providing the input as to the direction of this area. While they are major property owners,there are a sizable number of small businesses located in the same area who do not necessarily share the same opinions as the auto dealers. This end of town is rapidly decaying, with abandoned lots and empty buildings along what we call the Sprague Freeway, and I cannot see any vision by anyone, government or private, as to how to turn this area around. It cannot be turned into nice, quiet streets with walkways and buildings fronting the street, it's too far gone for that, and is not practical for the businesses located there. I would like to be made aware of when you will be holding specific meetings to address that area, and frankly, I hope you hold them soon before the area becomes a permanent blight upon the city. Thank you, and please call my cell if you should have any questions. Bob Ellis Empire Cycle & Powersports 7807 E. Sprague Ave. Spokane Valley, WA 99212 (509) 892-6368 phone (509) 892-6361 fax (509) 991-2815 cell 1 Deanna Griffith 11D_5 From: Kathy McClung Sent: Thursday, May 20, 2010 11:21 AM To: Deanna Griffith Subject: FW: Public Comment-Gateway Subarea From: Lori Barlow Sent: Thursday, May 20, 2010 11:20:50 AM To: Kathy McClung; Greg McCormick; Scott Kuhta; Mike Basinger Subject: FW: Public Comment-Gateway Subarea Auto forwarded by a Rule Lori AICP Lite of ol:1n Valle (50'))72.0-5335 From: K&S Anderson [mailto:kands@cet.com] Sent: Thursday, May 20, 2010 8:48 AM To: Lori Barlow Subject: Public Comment- Gateway Subarea To: Spokane Valley Planning Department Sub: SARP Non-conforming Gateway Commercial Center and Gateway Commercial Avenue While defined on the map with colors, the reason for and the location of two different Zoning Districts in multiple locations along Sprague and Appleway leaves one wondering about the purpose. As a resident of the valley for 34 years, to think that more than 50 years of private property ownership and development into numerous, legal, commercial enterprises along Sprague could and should somehow be changed to meet some mythical future is beyond me. The fact that many of these enterprises are still succeeding indicates they serve a purpose and a benefit to the public. We have now identified new Sub Area Use Categories, a few of which are obvious. But we have added Entertaining and Recreational Use; Civic, Quasi, Civic and Cultural; and Lodging. Do we actually believe private investors would develop those categories in this area?We still include financial institutions yet those that did develop are now in the wrong zone. Although Light Industrial has been maintained, the allowable types seem to favor very specific businesses as if they are somehow better than other types. And finally Personal Service, Office Use, and Industrial are not allowed yet many of these business types are in the upper half of the wage scale for Spokane County. The zoning appears to choose winners and losers. You can have Computer Service but not sell Computers and Office Supplies. You can have a Hobby Shop but not a Florist Shop, a Book/Stationary Store but not a Gift Shop, you can sell Antiques but not Art just to name a few examples. Many of the "types allowed" are allowed in the zone they are not currently located in but, "are not allowed" in the zone they operate in. 1 We understand these businesses can operate as "legally non-conforming" but the fact that these tax paying, legal business operations should have to record this designation on their property registration in order to exist and maintain their legal standing is appalling. To think this is the result of a theoretical fad that somehow economic activity will expand by labeling an area as a Gateway Zone versus a Commercial Zone. Commercial activity occurs when you have a willing buyer and seller. It can only expand when the willing buyer has an increase in disposable income or you have an increase in buyers. Sellers choose to exist where they have buyers and where they can afford to operate, not where others think they should operate. Finally, I find two distinct negatives to any business regarding "No Front Lot Parking" on Sprague. (1) They can not advertise their success to the public since no one can see if they have any customers and (2) I do not know of many women who are comfortable going to and from their car alone in a back lot parking area, especially during the fall/winter months. This was one of the reasons why businesses years ago trended from "rear lot" parking to "front lot". In the 50's and 60's we walked to many businesses in Spokane buy if we drove we parked in the back with the delivery semi's and loading docks and trash compactors. Isn't it odd we want to return to the past.? Unless the City of Spokane Valley is willing to purchase and develop the available private property, the zoning should be Commercial allowing both Retail and Wholesale business and only restrict for public morals, excessive traffic congestion, and maybe Heavy Industrial. Sincerely, Kevin Anderson 11122 E. 35th 2 Deanna Griffith R-6 From: Scott Kuhta Sent: Friday, May 21, 2010 8:44 AM To: 'Troy Allen' Cc: Deanna Griffith Subject: RE: 13105 Troy, A nightclub is in the same category as a full service restaurants and the Subarea Plan directs those uses to the City Center and Neighborhood Centers. Our next SARP meeting will focus on the Mixed Use Avenue district zones. You will receive notice of all upcoming meetings and we welcome your input. Thanks, Scott Kuhta, AICP, Senior Planner City of Spokane Valley (509)720-5334 skuhtaspokanevalley.orq www.spokanevalley.org From: Troy Allen [mailto:thartallen@gmail.com] Sent: Thursday, May 20, 2010 5:12 PM To: Scott Kuhta Subject: 13105 Scott, Thanks for the information, I really appreciate you sending it. It looks like we are good on the convenience store. I can fully understand the car dealer restriction but from my point of view a very nice upscale full service restaurant in this location would be quite an asset to the surrounding area. Is this something that may be worked out if things materialize with my buyer? I also had an inquiry from a party wanting to do a nightclub at this location. Would that be permitted? Sorry if I overlooked information as to the possibility of a nightclub in this location. Thanks, Troy Allen 1 RECEIVED R-7 JUN 1 2010 May 27, 2010 DEPARTMENT OF COMMUNITY DEVELOPMENT Mayor Tom Towey City of Spokane Valley 11707 E. Sprague Spokane Valley, WA 99206 Dear Tom, I do not agree with the SARP plan proposed for the Gateway Commercial Avenue and Gateway Commercial Center concerning the area known as Auto Row(I-90 east to Argonne.) I would like to see it returned to what it was prior. The changes in zoning and uses have severely downgraded my property for potential uses and buyers. The City never did properly inform me prior to changes that the SARP intended to downgrade my zoning. The public notices were generic just about a new plan for the City of Spokane Valley. Not that the intent was to change the zoning for the entire city. Following are some(not all)of the specific issues that I believe need to be changed with the current SARP; and in general were concerns brought forward at the meeting of business and property owners May 20, 2010: 1. Taken away my business b-3 zoning and removed 48 uses and business activity that the property could be used for. 2. I do not believe Form Code is beneficial especially as presented in the SARP. It is not the most efficient use of property especially for Automotive Retailing. 3. Dictate building type. 4. Architectural standards are too restrictive and will greatly increase the cost of building. They are not necessary. 5. Variable setbacks are what efficiently allow property to be used for the specific need of the business. The maximum setbacks for Sprague Avenue and Appleway are totally too restrictive and do not allow proper usage of the property for displaying and selling of automobiles. The building may need to be placed at the back of the property NOT 10 feet from the front(Sprague)or 30 feet(Appleway.) 6. Restricting the size of the building to only 50%wide to lot size. This totally is an inefficient usage of property for buildings and the specific uses for those businesses that need more width. 7. Smaller wall signage only reduces the ability for the business to be found and seen. 8. Allowing only one sign per parcel from two again reduces the ability for the business to advertise its business. 9. Not allowing freestanding signs on Appleway takes away choices for advertising a business. 10. Reducing the size of monument signs reduces the ability to advertise,be seen or business to be found. 11. Non-conforming use classification. a. When building or property loss of 80%of assessed value of the building,the new building must meet the new requirements. This is totally unacceptable and should be removed. It could severely increase the cost of rebuilding and then because of setbacks and size of building to lot width may make the business close down or be forced to leave the area. Buildings should be allowed to be rebuilt same lot location and same setbacks as was originally. b. Legal non-conforming use should be allowed even if discontinued or abandoned for more than 24 months. Non-conformity should always remain with the property. It is not right that the city should limit only automotive business in this area. Any business should be encouraged in this area if that business chooses. What percentage of all buildings currently in the Gateway Commercial Avenue and Gateway Commercial Centers would be conforming buildings as to setbacks,width of building to size of the lotand size of building to lot? Would you please give the City Council and me that information? One other area in the Gateway Commercial Avenue and Gateway Commercial Centers that was not addressed was the property on the south side of Appleway just south of Gateway Commercial Centers from Park to Vista Avenue. I do not understand what that property zoning is or how it can be used. It is indicated as a Community Boulevard,what does that mean? I know that some of that had been zoned b-2. Has that zoning also been lowered for uses? If the area is only for automotive uses in the future I would hope the property south of Appleway between Park and Vista also be utilized for the same business purposes. If you have any questions you can reach me at(509)994-8651. Sincerel> Barry Curry, 8022 E,Sprague Spokane Valle ',WA 99212 Cc:Lori Barlow,Associate Planner Deanna Griffith R-8 From: Kathy McClung Sent: Tuesday, June 01, 2010 9:44 AM To: Deanna Griffith Subject: FW: AutoRow/Gateway City Requests Attachments: image001.jpg From: Scott Kuhta Sent: Tuesday, June 01, 2010 9:44:00 AM To: Lori Barlow; Kathy McClung Subject: FW: AutoRow/Gateway City Requests Auto forwarded by a Rule FYI From: Sean Lumsden [mailto:sean@quinngroup.com] Sent: Tuesday, June 01, 2010 9:39 AM To: 'Bonnie '; pjaremko@jaremko.com; 'David Biggs'; 'Mark Jaremko'; 'Gus Johnson'; 'Denny Waltermire <denny@hallmarkhyundai. corn>'; 'Vic'; 'Torn'; 'Mark Waltermire'; 'marti hollenback'; 'Jones, Vonn'; robinsonjl@autonation.com; 'Mike Allen'; 'Kent' Subject: AutoRow/ Gateway City Requests Good Morning, The City Council is opening up discussion on what could be changed in the SARP plan. After further review and more meetings with the city, we believe the standards in the SARP plan need to be kept in place. Keep in mind, "Gateway Center" refers to the areas closest to 1-90 intersection and the area between Dishman and Gus. "Gateway Avenue" is the rest of the area along Sprague from Thierman to Argonne. We are going to make some requests: 1. Allow Specialty Retail in Gateway Center. 2. Allow Full Service Restaurants in Gateway Avenue. 3. Change building setback to be up to 100 feet on Sprague. (This will bring the dealerships closer to Sprague, so it is more like Argonne through Vista as opposed to the "Auto Loan" type building set in the middle of the two streets.) Example: Jaremko Nissan is 40 ft from Sprague. 4. Increase potential block size to 16 acres. (With the vacancies opening up, this would allow a dealer to move and expand if needed.) 5. Allow two "Freestanding" signs on each street front (Appleway and Sprague) if a business has property between the two. 6. Increase Wall signs to be up to 25% of the building. Ex. Saab is 15% of building, Hallmark is 11%. 7. Allow Wall signs to be on the second or third floor of a building. 8. Establish a design review board to see what changes are being made. 1 I still have to figure out if having 2 brands on 1 sign ( i.e. Toyota/ Scion) is a SARP issue or a city sign code issue. Remember, these new standards come into effect only when a building changes uses. Example: If Denny sells to another car dealer none of these changes have to be made. If he sells to Bill Gates who wishes to set up Microsoft Spokane...then they do. Let me know your thoughts... Sean Lumsden SEAN LUMSOEN DIRECT 509-327-6688 x 104 FAX 509-327-4148 ( ''U1UN GROUP 2 R-, From: Sean Lumsden To: Deanna Griffith;Scott Kehta;"mus Johnson"; "Denny Waltermire <dennvOhallmarkhvundei. "Jones,Vonn";"Mark Jaremko";piarernko!cbiaremko.com;"David Binns";"Mark Waltermire"; hollenback"; "Tom";"Bonnie"; "Mike Allen" Subject: AutoRow requests Date: Thursday,June 03,2010 10:14:45 AM Deanna, Scott- could you also forward this to the appropriate places. Below are the changes to the SARP plan the AutoRow members have agreed to request. We understand that some of these may be municipal sign code issues as opposed to SARP issues. 1. Allow Specialty Retail in Gateway Center. 2. Allow Full Service Restaurants in Gateway Avenue. 3. Change building setback to be up to 100 feet on Sprague. 4. Increase potential block size to 16 acres. 5. Allow two "Freestanding" signs on each street front (Appleway and Sprague) if a business has property between the two. 6. Increase Wall signs to be up to 25% of the building. 7. Allow Wall signs to be on the second or third floor of a building. 8. Partner w/the city to establish a design review board to review new buildings going in. 9. Allow for multiple brands to be represented on one sign. I.E. Ford / Lincoln, Dodge / Chrysler. Thank you for your consideration. Sean Lumsden for AutoRow SEAN LUMSOEN DIRECT 509-327-6088 x 104 FAX 509-327-4125 &MINN RUUP ' :- • Vu-'I .- . 1 ,...._.....„.... . ........._ qrv-.. EIVED \i\O'f'. . ► cji/UV/{(2'A., JUN 11 2010 JUN 152010 k Y ,`p�S . .,,,r., y'v�^ AA CITY OF SPOKANE VALLEY br=a Ti3�= tLN CIE _ R_9 yew f F-------=-p t _ ' rvti ...,(.. i -._' f 1-.x,3 g ;.. r `,:-,.F1,11_ . i®_,3 -,# -=3�.. t� f = fir, fO. . R—_. S - June 7,2010 To the City Council of Spokane Valley We are writing to ask you to review the proposed zoning restrictions for the Gateway Commercial Avenue. We own a large parcel of land currently being used as Empire Cycle &Powersports. We purchased this property in December of 2007.During the time we have owned this property, we have tried to rent 4500 square feet of it to help us make our mortgage payments. Our business model was based upon our being able to rent these spaces, as, at • the time of purchase,there was no indication of any restrictions on potential occupancies. For a short period of time we were able to rent it to D &B Trading Co., a small wine& beer tasting and specialty food company. Unfortunately, a family problem appeared which made them close. In the following 15 months we have had only 3 other possible renters, one was a spa, another a dance studio, and the 3rd was an advocacy for women and children. None of these would be permitted to occupy this space under the proposed restrictions requiring rental to an automotive-related business. I would most certainly welcome an auto-related business as a leasee,but there are only so many of these types of businesses. Insurance agencies, auto glass repair,upholstery and detail shops come to mind. However,the office space under discussion does not lend itself to any of these businesses, as it is structured for large office or restaurant purposes, not shop space, and none of these businesses need expensive real estate on a busy thoroughfare to survive. Also, since very few new businesses are starting up,I am left • with what is essentially,un-rentable space,under the new zoning restrictions. One of the things that many other successful Powersports businesses have done is to incorporate a restaurant of some sort into their building. This gives customers a place to hang out while waiting for repairs to be done. It also helps the business become a • destination target. If you are familiar with Thunder Thursday in Post Falls,you know that Thursday nights at the Hot Rod Café next to the Road House is the place to be with up to 500 bikes there during the summer. I have also attached several articles that show other successful dealerships which have some sort of restaurants in them. This is a growing trend in the Powersports industry, and will eventually become the norm for this industry. Long range plans for our business included a breakfast/lunch restaurant, an English pub, or an Italian Restaurant to go along with our European brands. However, with your new restrictions against sit-down restaurants,we are unable to proceed with this idea. If you have ever had to wait a couple of hours for repairs on your vehicle, you would know how welcome this type of place would be, especially considering the dearth of specialty restaurants in the area. Our particular section of Sprague has large parcels of land along it;it is not a portion of Sprague that people would walk along. Blocks are long and the only types of businesses along it are types that you would only drive to. With traffic speeding along at 35-45 miles per hour,the most common comment that comes my way is, "How long have you been here? I just noticed you", or"I can't find you", even though we have been in business for 2 V2 years. The trees that were planted along the green strip are now large, anti-even-th-ough they-are-beautifu bloek ysigns7--These-tr-eesT aleng-with4he high rate of speed of the commuters,makes my business very easy to miss, even with 3 entrances. If a customer misses our store they have to turn left at 4 lights to get them around the block. Four lights can take up to 10 minutes since there are no free left tarns and very few left turning arrows.. As for signs,I currently have 5 major brands, Triumph, Arctic Cat,Aprilia,Moto Guzzi, and Royal Enfield,plus others that we are pursuing. Each brand has specific requirements that I am legally required to follow.I have also attached Suzuki's, Arctic Cat's, and Royal Enfield's contractual sign requirements,just to give you an idea of brand stipulations that we have to follow. The zoning restrictions that are being considered are an important choice for our community. Anyone who has driven down Sprague lately can see the number of empty buildings. Please do not make it any harder for us to stay in business. We are an important part of your tax base and if you continue to make it harder for us to use and rent our buildings,you will soon have a ghost town. Look at the number of businesses who have moved out of the valley and up north, such as First Choice Auto and RPM, and the businesses who have moved to the freeway or Liberty Lake,with Freedom RV being another example. Soon Auto Row will be no more. As more and more businesses move eastward past Sullivan you are losing businesses who have been in the valley for a long time. Why not help us-stay in business and not put us out of business? Remember, as business people we live,work and raise our kids here also. We are not the bad guys. We employ people who live in the community and we donate our time and resources to clubs, schools and charities. We are not rich moguls,we are just hard- working people trying to keep our businesses open during this tough economic times. Please make the right choice for our community. Sincerely,� / �� 0 i�e2FJ1 t& Bob &Debbie Ellis Empire Cycle &Powersports 7807 E Sprague Ave Spokane Valley, WA 99212 509-892-6368 , r {^o�� =.` Yc, �v•;:�� a� /':?:'ms's; _iLc' ' iY �. •--.•-••_"-- = 7-f2 tl • ;,,-ya�'{ :�,,,rya■ -,� .Sp{ • The Waiting Game • Dealership service lounges cater to the customer - • Created by Pete Evanow Chances are,when you step into an auto dealership today,or any kind of especially upscale marques service center,you're going to see a big difference in the area where you,the customer,sit and wait while your vehicle is being repaired. Customer Disservice Usually,despite the stature of the franchise,you would find several uncomfortable,often dirty industrial benches,not unlike something out of the movie 2001:A Space Odyssey(maybe even leftover from the movie set).A chipped Formica coffee table littered with months- old dog-eared magazines and a dirty,dreary coffeemaker with all the Styrofoam Java provisions might complete the experience.Don't forget Jerry Springer blaring on the TV(you know,the one with the channel and volume controls permanently stuck?).Makes you want to run right out and catch the bus. Competitive Hospitality Fortunately,things have changed_And not just a little bit.Now dealerships are going out of their way to be hospitable.Not only do most stores provide a comfortable lounge,with appealing furniture and an assortment of amenities such as workstations with Internet connections and other facilities,but today's revolutionary dealers also provide their customers with a variety of refreshments.Water is one thing:some dealers go all out with a comprehensive coffee service(provided by an outside vendor most likely)that offers up anywhere from two to five different flavors.Perhaps Danish or bagels also are included,free of charge.These coffee bars range from 0 bar " 6? .; .. New auto dealer extras will be restaurant, BY ANGELA LAUB0; THURSDAY. JUNE 4, 2009 AT 2 A.M. ' ,�'`..4 -�. qF '�. '.. 3'� • s"�f ESGONDlDO—Escondido s new Lexus t r r •dy.�-, , showroom,rapidly taking shape on Ninth •`' ` -• ;Vs,, ,,' `^.. .y 7-as � `- ,4,..772t.,„,...-s - " 1 S, iI � f .c.= Avenue at Interstate 15,will be unlike any - r � l• ' ' k ,'F � -�-- _ - y , , other automobile dealership in San Diego �� �� T �� County. r <�' lIv_ itAf 'i-�?p .r7- : -t •` toms -_..:. ;� a-1 , ;i:'. ,,, � _ - i .i u.: ' Ver L .. y ` - 1,_- - , :y-- - -' ,_-.- - In addition to selling new and used cars }.; .. `1/4` r - :1.- :-'g-!:::::4:;1> y f, di i l-.I sof, . S: -- and providingoil changes and vehicle ',i,;.r-.—a 4-kftwo i 'G -++1k.y repairs,it will have an upscale restaurant, ',71-- =5—4 r�,: �, Ellesa on Ninth,where patrons can savor - 0'=' _- �- ,.' �a� = ` ` French and Italian entrees costingabout �� �" c:IK;-r��t�'a= 4',, 3_ " �y� r i�t1r`dya �P.�'�� �, 41...r.-i4.,:=-7{.^ ms=s: a� =`vr 44= TA There will be a full bar,serving chicken =" = `��,`. � y � €' ' � - �-� mac: j �.rj+' i. •�ya�.- ��'.+'T� T=� moi+. .� and beef sliders,fish tacos and cheese " plates.Offen there will be a pianist playing /CHARLIE NEUMAN !UNION-TRIBUNE in a corner behind a small dance floor for Chad Petronio prepared window frames Tuesday on the anyone who feels like stepping out. third floor of the Lexus Escondido center on Ninth Avenue A palm-lined rectangular pool the length at Interstate 15.An upscale restaurant,Ellesa on Ninth,will of the driveway will jazz up the entrance operate on the top floor. to the three-story building,which will have a glass elevator.The first floor will have an elaborate fountain as its centerpiece. "You always have to beat the competition,"said Tom D'Agosta,a former Escondido city councilman who will manage the restaurant. "In this economy,we've really got to be on top,"D'Agosta said as he accompanied owner Judy Jones-Cone around the 326,000-square-foot building Tuesday. Jones-Cone said her project has cost$28 million to build. She declined to estimate the final cost of the dealership,which is scheduled to open in November. The restaurant wa's not a new idea,said Jones-Cone,who also owns Lexus Carlsbad and Toyota Carlsbad. She is following the lead of Dal Toro,an Italian restaurant above a Lamborghini dealership at the Palazzo in Las Vegas. Escondido is hardly Las Vegas,but Jones-Cone predicted the restaurant and other amenities will make her Escondido dealership a model for the future. "Right now,it seems like people like to multitask,"she said."We're doing this so they don't feel like they are killing time." Customers who anticipate being swarmed by salespeople instead will feel soothed by the pool at the entrance. The pool,Jones-Cone said,will be filled with water pumped from a well under the dealership building and recycled for conservation purposes. a. Inside, each floor will be designed to remind visitors of the Lexus brand. The ground floor will be devoted to new and used car displays,but the focal point will be an atrium decorated with a three-layered fountain in front of a glass elevator. There will be a place for children to play,a lounge with a television,and another lounge with magazines and two automatic massage chairs but no TV. • -;Seiner to Open 126-seat est-,ry: Auto dealer getting into , restaurant business q .. By Jones,Lara Publication:The Enterprise i Date:Monday,May 14 2001 - With a total customer service experience in mind,GM car dealer Jerry Seiner is getting into the restaurant - cn ! business with the GM Guy"Motor City"Cafe. Seiner has partnered with veteran quick service restaurantteur Bill McGregor,GM Guy Cafe general manager,to plan and launch the 126-seat restaurant, which is expected to be feeding guests by mid- Ads by Google summer.The restaurant,which will employ 16,will be located within Seiner's newest Salt Lake dealership-a $10 million,80,000 square foot Chevrolet Oldsmobile Spokane 1-Day iliac facility at 1530 So.W.in Salt Lake City. Coupons Although not conceived as a franchise,Seiner said he - Up to 90%Off the Best Stuff to do!Restaurants, and Spas,Events and More. McGregor see franchise value in the concept,which • www.LivingSocial.com combines the history of the automobile-in particular, the General Motors family of cars-with the food of • one of the biggest car making cities ever,Detroit, Seiner pointed to other brands that have capitalized on their brand names with restaurants,such as Harley Davidson. A"quick casual"dining concept,the"Motor City"cafe also will feature a wide variety of GM memorabilia and I antique cars.In fact,McGregor and Seiner said as much as$100,000 hits been budgeted for memorabilia alone. "It's a unique,themed restaurant concept,but the theme is incidental to the food,"said McGregor,who noted quality,affordable family fare is the ultimate goal. . j The cafe will be advertised in conjunction with the dealership,as well as alone to create its own identity separate from the dealership.'That's our biggest challenge,we have to become a point of destination,"he said. Isolated from other food vendors at its western frontage location off Interstate 15 between 1300 So.and 2100 So., • the restaurant will have a built-in customer base in the approximately 200 people who work at Seiner's facility,as well as the 300 to 400 customers that stop in each day.Additionally,McGregor said,outside sales will be used to establish commercial lunch accounts,and delivery service is being considered. However,the first priority is tte customer."Our goal is to make the car shopping experience fun,"said Seiner,as well as"to give people a place to have lunch during service." While the menu will have traditional deli items,a special section will have"Motor City"favorites such as Coney Island Chili Dogs(a grilled Coney Island hot dog,served on a steamed bun,with mustard,finely chopped fresh onions,smothered in a meaty chili sauce),Detroit's popular Loose Meat Burgers,Chili Fries,Sanders Hot Fudge Sundae(a Detroit staple since 1875),and other"delicacies"Seiner remembers from the city of his youth. McGregor said the cafe will have hot dogs,sausage,Sanders hot fudge sauce,Vemors Ginger Soda and other Detroit-specific items flown in weekly for the sake of authenticity.Most of the cafe's breads will be baked fresh on site daily,as will all pastries. • TheDetroitBureau.com The Voice of the Automotive World Search for:1_ Search y ,. DIET '�c..ZsS • Home • About Us Privacy Policy • Contact Us • Subscribe • RSS «Ford Implementing Production Increases Toyota Kills NUMMI » Car Dealer Restaurants: Curiosity or Trend? Mercedes-Benz of Rocklin and Bistro 33 open dining spot. by Ken Zino on Aug.27,2009 `xa: ;�' •,x T _ mac:- ;:_c,r-- • miff cq. •_ i` ''j4 �l if. - -+ . �., wow '.'�•, s".•.-v:.�� .'• •_ �4 —'tom..' ..� ± 't • Would you like an E-class for dessert? Auto dealers and restaurants have been getting together for years now as automalls have grown in size to include various types of retailers,including fast food outlets and restaurants that are more formal.Larger stand-alone dealerships include a canteen of sorts where customers waiting for servile can grab a quick bite or cup ofjava. On the more ambitious end of the scale is Mercedes-Benz of Rocklin.The northern California dealership has just opened a restaurant this week inside its store, `Bistro 33 at Rocklin."It's said to be an upscale restaurant. "While enjoying a meal, and looking across the lake at our dealership situated in Town Center,we thought why not bring two great brands together under one roof," says George Grinzewitsch Jr.,owner of Mercedes-Benz of Rocklin. ac well as Mercedes-Benz dealerships in Sacramento and El Dorado Hills. ;. k "Castoiners will experience the ultimate luxury destination while dining on infused interpretations of timeless American classic fare with a modernistic sensibility at appealing prices,"says Matt Haines, one of the prolix owners of the restaurant. _q ,,,,,„., .2-as-_.54,,,w,ft.--T-,,,w.-1,-,---,..------„,,figs; _ H f, l� n'ti+-o"`'-;heti •e ..ice-=:.. :� ',_�_*l _`; e.ap This might be the original dealership dining room. The menu starts at$5.95 for a bowl of breakfast oatmeal, and progresses all the way up to $24.95 for a grilled rib eye • steak at lunch or dinner. Side dishes are not standard equipment of course,but in keeping with auto practices— optional.There's"wilted spinach"for$4.95.Then you have to add a nice California red wine. So figure$30 to $50 for a decent one.For big shooters a reserve list is available that is ... well if you have to ask you can't afford it. And, if you act right now,you can lease a 2010 Mercedes-Benz E 350 Sport sedan for only$699 month for 36 months after you put down$6044 plus taxes and license fees, which is quite a bit more than the cost of dinner for two even if you get into the reserve list. . What this ultimately means in the larger auto universe,we're not quite sure. Last year while at the Moscow auto show Paul Eisenstein visited the Major City"dealer village,"which represents nearly a dozen different import brands. Inthe central building,there are all the entertainment facilities you would expect in a mall,including a restaurant, a movie theater and a(free) game room,where bored motorists play shoot- em-up games while waiting for auto repairs to be completed. Large dealership groups in the U.S. are offering similar concepts, of course. If we thinking upscale, there is Dal Toro, a restaurant above a Lamborghini dealership in Las Vegas that I visited once.It is part of the Palazzo Casino complex,which includes shops,restaurants,boutiques, a spa and a convention center that can accommodate groups up to 13,000 people. Lexus Escondido, a dealership in San Diego County off Interstate 15 is about to open this fall a French restaurant on the top floor of its new home. For budgets that are more modest, Galpin Ford in the Los Angeles area has the Horseless Carriage Restaurant, which opened in 1966.It was way ahead of its time. c. • • SHARE OUR ION. l • To receive credit, send Arctic Cat Co-op Advertising Claim form to Arctic Cat within 60 days of the original invoice along with appropriate proof of advertising postmarked on or before July 15. 2009. No claims will be accepted after that. Arctic Cat will credit your account for all approved credits. To receive your co-op credits, use the following procedure: 1. Run the ads and/or commercials and pay the invoices that you receive from your media suppliers. .2. Gather the necessary"proof of advertising" information (see "Guidelines Co-op Advertising"), and attach it to a completed co-op claim form. 3. Mail the entire package to Arctic Cat Sales Inc.,ATTN: Co-op Dept. within 60 days of the original invoice date. Address all co-op correspondence to: Arctic Cat Sales Inc. • P.O. Box 810 Thief River Falls, MN 56701 Attn: CO-OP Co-op claim forms are available on the advertising website:http://arcticcat.amedius.com_(co-op guidelines). NOTE: Co-op does not automatically transfer when dealers trade product infield. It is up to the two dealers making the trade to negotiate any co-op into the trade. All proof of spending must be originals, copies will not be accepted. When you signed your Arctic Cat Dealer contract you agreed to purchase an Authorized Arctic Cat outdoor dealer sign. These signs are co-opabie. Any dealer who does not have a current authorized outdoor Arctic CatATV sign will be ineligible to receive co-op funds. To order your outdoor sign, contact the Co-op Department at Arctic Cat Sales Inc. • 'NO- SIGN , C SIGN a NO CO.OP! 1 f. • -• ' =t�• :� .•11:4;. .•:• .. �. _:; •., • •••••• ••• ... . . . :T.:_ ` -�� `+y�Ly`,•c'•�y�T• - S:CL�'.,�-'_`w 4• s4'.��,'t$-:.R rtiv^....�V _ _ :;I•.. /_/J/1/•/p/�,/ r- - - �- - - - •fir,-- - "S.•jwi..h.�.t�`,. �rh.�.... .. I ... e • -.a-• M:• s Eel �:1-;- tent - 'act it t S O • -- - .tt 'S 'cam tiuEii• ��z� _��E=� e'a i��-ti�e E�3 �d� �,`e;G'..�rd:r(� 'Ssi• •$a•: -- =- - ��=:,�-�,• •, �s • _'o ,�Q7e,ka;2:I•e.S�'-__�a•if��a-2lRI.� �- • ieC;sV�I�sC�Pa:Oll =the:Dealer in conformance with written "display a representative lineup of Suzuki _ Fit ,, �y�:• �4 a �i "Fa� Iu Ie cove ed:by the Suzuki Products Addendum. Dealer understands •'•z.,� ''�s,�� . =.-:#q�.'t�r e°�Si�aiiki:velicles from other authorized Suzuki dealers from time to time .5.�•' .: fss��w.(strickreauu-enient. . • ,a:Tom'•, .:- - ;14:3 Appearance and Maintenance In order to establish an effective network of authorized Suzuki dealers, Dealer's place of business shall at all times be maintained so as to present a good imageor ea er and-Suzuki. It is beater's responsibility to maintain an attractive store for the benefit of the customer, Dealer and Suzuki. Dealer acknowledges that an attractive, well-lighted, neat and clean store will attract more customers and contribute more to the development and growth of Dealer's business. 8.4 Business Hours. Dealer agrees to keep all of its dealership operations open for business during all days and hours that are customary and lawful for such operations in the community or locality in which Dealer is located and in accordance with industry standards. Dealer shall not be considered open unless all sales, service and parts operations are open to the public; and Dealer's personnel are present to assist customers. 8.5 Identification. Subject to any applicable governmental ordinance, regulation or statute,`' • Dealer's place of business shall be properly and appropriately identified as a Suzuki retail store by display of authorized Suzuki outdoor signs. Dealer shall purchase from Suzuki and install the size and style of Suzuki outdoor logo signs, as may be required from time to time, and shall maintain such signs to include electrical hookups and operation. Suzuki will review all Suzuki identification at Dealer's place of business on a periodic basis to assure that it is adequate, attractive and well ' maintained. Dealer shall follow Suzuki's recommendations or requirements regarding Suzuki identification. ,•,` 8.6 Multiple Brands. Suzuki recognizes that Dealer may handle. brands which are competitive with the Suzuki Products. In the event Dealer handles such competitive products, Dealer agrees to afford the Suzuki Products at least as much effort as Dealer gives to competitive products handled by Dealer in terms of advertising, promotion and sale, floor space, inventory and • service. Dealer shall also maintain equal or greater prominence as that afforded to competitive brands in the installation and display of Suzuki logo signs and all other signage bearing the Suzuki Marks. 8.7 Legal Right of Use. Upon Suzuki's request, Dealer shall submit to Suzuki a copy of the deed or other legal title documents to the Location, the lease under which Dealer is leasing the Location,or the documents) otherwise granting Dealer the right to use the Location, as the case may be. 9. TRADEMARKS 9.1 Use of Suzuki Marks. Dealer acknowledges that Suzuki, or Suzuki's parent or affiliated companies, is the exclusive oWner of the Suzuki Marks. Dealer agrees that it will take no 5 C. Keep the facilities in a clean,orderly,attractive and.up-to-date condition;and D. 11Maintainatleast-one prominent-exterior sign,approved•by-Setter;which,identifias.Deaieeas a l Enfield dealership.. 8. Business Hours Dealer shall maintain regular business hours for the days and hours as are customary for retail businesses of a similar nature in the county of the Authorized Location. At a minimum, Dealer shall be open for sales and service at least 8 hours per day,five days per week. 9. Inventory Subject to availability from Seller, Dealer shell at all times maintain an inventory of current model Royal Enfield-motorcyclesln-a-quantity and-assortment as reasonably determined by Seller from time to time. 10. Primacy Market Area and Sales Performance • Dealer shall aggressively market and sell Royal Enfield Products and shall perform in accordance with such minimum sales,market penehalion, marketing,and customer satisfaction standards as established by Seller. Seller may from time to time establish or revise a non-exclusive primary market area(PMA") • for Dealer. The PMA shall be used by Seller, in conjunction with other methods commonly used in the motot vehicle industry, to assess the sales performance of Deafer. Dealer agrees to concentrate Its •promotional, marketing and sales efforts on Dealer or customers in its assigned Dither Royal SPMA. dealer assignment to of ra PMA does not in anyway restrict tie right customer who resides in the United States. 41. Sales to Retail Customers Only and Prohibition on Certain Exports Dealer shall sell Royal Enfield Products only to retail customers. A retail customer is a person who purchases a Product for his or her own use,and not for resale. Nothing herein shall prohibit Dealer from selling or trading Royal Enfield Products to other authorized Royal Enfield Dealers. Dealer shall use its best efforts to ensure that it does not sell any Royal Enfield Products to customers who may resell such Royal Enfield Products. Dealer shall particularly investigate the intended use and destination of any Product to be sold to customers who reside or do business outside of Dealer's state or to businesses or • persons purchasing more Than one Royal Enfield motorcycle. Dealer shall not sell Royal Enfield Products to any customers residing in Canada or Argentina,or to customers who export Royal Enfield Products to Canada or Argentina. • • 13. Warranties The only warranty for any Royal Enfield Product is Seller's written limited warranty for such Product provided by Seller to Dealer for distribution to Dealer's customers,which warranty may changedbe implied, Seller from time to time. Other than such written warranty,there is no other warranty,express including any implied warranty of merchantability or fitness for any particular purpose. Seller disclaims liability for any incidental, special or consequential damages or losses suffered by Dealer, Dealer's customers or any third party. • 14. Service Dealer shall provide timely,efficient,courteous and professional repair and maintenance service,for both warranty and customer-paid service, on Royal Enfield Produces and to all customers on an equal basis, r • without consideration of the original selling Royal Enfield Dealer. All service shall be provided by Dealer to customers at fair and competitive rates, and shall be performed in accordance with Seller's service standards;as may be amended by Seller from time to time. Dealer shall service Royal Enfield Products using only genuine Royal Enfield OEM parts. Dealer shall not under any circumstances sell or use In service work any parts purportedly branded as Royal Enfield that are not genuine Royal Enfield parts. Seller shall compensate Dealer for labor and Royal Enfield parts used in work performed as provided for under Seller's warranty policy and program, which policy and program Seller may change from time to time. Such compensation shalt constitute full and complete payment to Seller for warranty service. Dealer shall not charge any customer for service or any other work covered by Seller's warranty or as to whici{Dealer is otherwise reimbursed by Seller. Dealer shall not be entitled Dealer to paymentfor any non-warranty work,and the retail customer shall bear the only responsibility R-22 FtoroLlf DEALER MEMBER June 16,2009 To: Spokane Valley City Council From: AutoRow Dealers Dear City Council, I am writing this letter on behalf of all the AutoRow dealers: Paul Jaremko Marti Hollenback Denny Waltermire Jaremko Nissan Dishman Dodge Hallmark Hyundai Von Jones Gus Johnson Appleway Group Gus Johnson Ford As we look over this version of the Sprague- Appleway Revitalization Plan we have the following requests: 1. Each dealer is mandated and charged by their franchises to hang occasional signs or banners during national sale events.There must be some provision in the sign code to allow for these times. We would ask language to be modified to read either of the following ways: Banners will be allowed in the Gateway Commercial Avenue district(including Appleway Audi/VW,Subaru Mazda)for two weeks per month with a yearly permit. Or In the Gateway Commercial Avenue district(including Appleway Audi/VW,Subaru Mazda), Special Event signage can include banners for 14 days per month if proof of requirement can be produced from corporate franchisee of local dealership. 2. Gateway Commercial Avenue districts standards need to also include Appleway Audi/VW,Subaru and Mazda property. The Mazda/Subaru building will need to be remodeled soon and should be afforded the same standards as the rest of the Gateway district. 5e. .:cp 4 �. Gus J. s'an Pre 'dent AutoRow 727 West Garisnd 509 327 6688