Loading...
Agenda 01/31/2008 SPOKANE VALLEY PLANNING COMMISSION AGENDA COUNCIL CHAMBERS -CITY HALL 11707 E. SPRAGUE AVENUE SPECIAL MEETING JANUARY 31, 2008 6:00 TO 9:00 PM I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. APPROVAL OF AGENDA V. PUBLIC COMMENT VI. COMMISSION BUSINESS NEW BUSINESS- PUBLIC HEARING-UNIFORM DEVELOPMENT CODE AMENDMENTS EMERGENCY AMENDMENTS PASSED BY COUNCIL 11-7-07 DOGGIE DAYCARE AMENDMENT VII. FOR THE GOOD OF THE ORDER VIII. ADJOURNMENT COMMISSIONERS CITY STAFF IAN ROBERTSON, CHAIR KATHY MCCLUNG, CD DIRECTOR FRED BEAULAC, VICE-CHAIR GREG MCCORMICK, PLANNING MGR, AICP JOHN G. CARROLL SCOTT KUHTA, LONG RANGE PLANNER, AICP CRAIG EGGLESTON MIKE BASINGER, SENIOR PLANNER, AICP GAIL KOGLE CARY DRISKELL, DEPUTY CITY ATTORNEY MARCIA SANDS DEANNA GRIFFITH, ADMIN ART SHARPE WWW.SPOKANEVALLEY.ORG CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: January 31, 2008 Item: Check all that apply: ❑ consent ❑ old business ® new business ® public hearing ❑information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Study Session and Public Hearing for emergency Uniform Development Code amendments. GOVERNING LEGISLATION: RCW 36.70A.390 and RCW 35A.63.220. PREVIOUS COMMISSION ACTION: None. BACKGROUND: On September 24, 2007 City Council adopted Ordinance 07-015 approving the City of Spokane Valley Uniform Development Code (UDC). The UDC was effective on October 28, 2007. After adoption, the City identified several instances where portions of the previously adopted code were unintentionally not carried forward into the UDC or where necessary language was inadvertently omitted from the UDC. The absence of these code provisions from the UDC has the potential of preventing the City of Spokane Valley from implementing and enforcing the UDC in a consistent manner and further could result in development that may be inconsistent with the goals and policies of the City of Spokane Valley Comprehensive Plan. Recognizing the critical nature of the UDC omissions, the City Council adopted Ordinance 07-025 on November 7, 2007 enacting emergency UDC amendments to address specific sections of UDC Titles 19 and 22 and Appendix A. The City Council conducted a public hearing on December 11, 2007 regarding the emergency amendments. A summary of those specific sections follows: 1. Section 19.40.010 — does not include language specifically prohibiting the use of recreational vehicles as permanent or temporary dwelling units in residential zoning districts; 2. Sections 19.40.090 and 19.40.100 — fails to address standards related to Accessory Dwelling Units (ADU) including size, appearance, setbacks or an application process; 3. Appendix A — Definitions — inaccurately defines Accessory Dwelling Units as Accessory Apartment Dwellings. The current definition is inconsistent with state law and is confusing from the standpoint that both attached and detached ADU's are allowed. 4. Section 19.60.010 (Table 19.60-1) — fails to identify setbacks for flanking streets in commercial, office and mixed use zoning districts; 5. Section 22.130—fails to incorporate the standards and requirements for the designation of"future acquisition areas" as had previously been set forth in the City's Interim Development Regulations Chapter 14.710. RECOMMENDATION: The Planning Commission conduct a public hearing and forward a recommendation on the proposed UDC amendments to City Council. STAFF CONTACT: Greg McCormick, AICP— Planning Division Manager P:\Community Development\Planning Commission\2008 Meetings-Planning Commission\01-31-08\RPCA 1-31-08 PC Meeting Emergency UDC amend.doc ATTACHMENTS: 1. City Council minutes— November 7, 2007 2. City Council minutes— December 11, 2007 3. Strike through/underline copy of applicable UDC sections. Minutes from the Nov. 7, 2007 City Council Meeting lla.Proposed Emergency Interim Ordinance 07-025 Amending Specific Sections of UDC Titles 19,22 and Appendix A Definitions—Mike Connelly After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Taylor and seconded to suspend the rules and approve interim emergency ordinance 07-025 amending specific sections of the Uniform Development Code Titles 19, 22, and Appendix A definitions. City Attorney Connelly explained that this is a proposal to pass an interim emergency ordinance, which also sets a public hearing date of December 11;and that such action will keep things at status quo until the hearing;that a section was added to address accessory dwelling units, that the ordinance will cover an omission of setbacks,and will also include specific language as to future acquisition areas; that staff has drafted a proposed ordinance which would prevent any dramatic change from the status quo until there is an opportunity to review those affected UDC title sections; adding that passage of the emergency ordinance will require a majority plus one.After brief discussion on some of the proposed changes, Mr. Connelly stated that staff also proposed adding the reference RCW 35A.63.220 to section one and two. Deputy Mayor Taylor amended his motion to reflect that addition. Mayor Wilhite invited public comment;no comments were offered. Vote to amend the motion:In Favor: Unanimous. Opposed:None.Abstentions:None. Motion carried Vote on the amended motion, to suspend the rules and approve interim emergency ordinance 07-025 amending specific sections of the Uniform Development Code Titles 19, 22, and Appendix A definitions, and to add RCW 35A.63.220 to Section One and Two: In Favor: Unanimous. Opposed:None.Abstentions:None.Motion carried Minutes from the Dec. 11, 2007 City Council Meeting 1.PUBLIC HEARING:Uniform Development Code Emergency Ordinance—Mike Connelly Mayor Wilhite opened the public hearing at 6:09 p.m. and invited City Attorney Connelly to the podium. Mr. Connelly explained that on November 7 Council passed interim ordinance 07-025 in order to supplement the Uniform Development Code (UDC) which became effective October 28; that the ordinance addressed the use of recreational vehicles, accessory dwelling units, setbacks, and future acquisition areas. Mayor Wilhite invited public comment; no comments were offered and Mayor Wilhite closed the public hearing at 6:11 p.m. 8.Motion Consideration:Referral of Emergency Ordinance to Planning Commission—Mike Connelly It was moved by Deputy Mayor Taylor and seconded to approve referral of the Emergency Interim Ordinance No. 07-025 to the Planning Commission. City Attorney Connelly explained that this is the next step in processing this emergency ordinance, and that any public comments will be sent to the Planning Commission as part of their discussion. Mayor Wilhite invited public comment;no comments were offered. Vote by Acclamation:In Favor: Unanimous. Opposed:None.Abstentions:None. Motion carried P:\Community Development\Planning Commission\2008 Meetings-Planning Commission\01-31-08\RPCA 1-31-08 PC Meeting Emergency UDC amend.doc 19.40 District Purpose &Supplemental Use Regulations Residential Zones 19.40.010 General Provisions 1. No principal or accessory structure shall be located within the clearview triangle, SVMC 22.70. 2. In the districts where the height of buildings is restricted to thirty-five (35) feet, cooling towers, roof gables, chimneys and vent stacks may extend for an additional height, not to exceed forty (40) feet, above the.average grade line of the building. Water stand pipes and tanks, church steeples, domes and spires and school buildings and institutional buildings may be erected to exceed maximum height requirements, provided that one (1) additional foot shall be added to the width and depth of front, side and rear yards for each foot that such structures exceed the required height. 3. No structure may be erected to a height in excess of that permitted by applicable Airport Hazard zoning regulations. 4. Recreational vehicles shall not be used as permanent or temporary dwelling units in any residential zone. Guests may park and/or occupy a recreational vehicle while visiting the occupants of a dwelling unit located on the same lot for not more than 30 days in one consecutive twelve (12) month period. The intent is to accommodate visiting guests and not to allow the recreational vehicle to be used as a dwelling unit. 19.40.090 Residential Accessory Uses &Structures 1.Except for the air conditioning compressors of detached single-family residential, cooling towers and similar accessory structures are required to observe all front, side or rear yards. 2.The combined building footprint of all accessory permanent structures in residential zoning districts, - _ _ ___ - -_. •- -e shall not exceed ten percent(10%) of the lot area. 3. The vertical wall of an in-ground swimming pool shall be located behind front building setback lines and at least five (5) feet from the property line. All pools must be secured in accordance with the requirements of the adopted building regulations. Temporary fencing is required during excavation. 19.40.100 Accessory Dwelling Unit(ADU) Attached and detached ADUs are permitted in all residential zoning districts and shall adhere to the appearance of single-family residences. An Attached ADU is an accessory dwelling unit that has one or more vertical and/or horizontal walls in common with, or attached to, the principal dwelling unit. A Detached ADU is a free standing accessory dwelling unit that is not attached or physically connected to the principal dwelling unit. 1. Purpose and Intent a. To increase the supply of affordable housing units and encourage housing diversity through better use of the existing housing stock in neighborhoods in a manner that is less intense than new development; b. To make housing units available to moderate-income people and special populations including the elderly, mentally ill, victims of domestic abuse, persons with disabilities or injuries, and the homeless who might otherwise have difficulty finding homes within the city that supports independent living; c. To provide residents, particularly seniors, single parents and families with grown children, with a means to remain in their homes and neighborhoods by obtaining, through tenants in either the ADU or the principal unit, extra income, companionship, security, and services; d. To reduce the isolation of households that is a result of urban sprawl and suburban land use; e. To make better use of existing public investment in streets, transit, water, sewer, and other utilities; and f. To protect neighborhood stability, property values, and the single-family residential appearance of neighborhoods by ensuring that ADUs are installed under the conditions outlined in this Code. 2. Conditions and Limitations P:\Community Development\Planning Commission\2008 Meetings-Planning Commission\01-31-08\RPCA 1-31-08 PC Meeting Emergency UDC amend.doc • a. The design and size of the ADU shall conform to all standards in the building, plumbing, electrical, mechanical, fire, health, utilities and any other applicable codes; b. An ADU may be developed in conjunction with either an existing or new residence; c. One (1)ADU, attached or detached, is allowed per lot as an accessory dwelling unit; d. The ADU must be a complete, independent housekeeping unit; e. The combined footprint of all accessory structures shall not exceed ten percent (10%) of the lot area; f. Home professions shall be allowed only within the principal dwelling unit, not the ADU; g. The owner, as established by the titleholder, must occupy either the principal dwelling unit or the ADU as their permanent residence, but not both, for six (6) months or more of the calendar year, and at no time receive rent for the owner-occupied unit; and h. Approval of an ADU will be revoked if the ADU is no longer in compliance with the development standards and criteria outlined in 19.40.100(3). 3. Development Standards and Criteria a. All accessory apartment dwelling units ADUs, both attached and detached, must meet the following requirements require: i. One (1) paved off-street parking space shall be required for the dwelling unit in addition to the off-street parking required for the main residence; ii. The ADU may not exceed fifty percent (50%) of the total square footage of the principal dwelling unit, nor be less than three hundred (300) square feet and not more than eight hundred (800) square feet; iii. The total number of individuals that reside in the ADU shall not exceed the number of persons that are defined as family; .iv.The` _ _-• - ADU shall be a complete, separate housekeeping unit; e.v.The entrance to the ADU shall be located on the side or in the rear of the structure or in such a manner as to be unobtrusive in appearance when viewed from the front of the street, and only one (1) entrance may be located on the facade of the principal dwelling unit in order to maintain the appearance of a single-family residence; and vi. The ADU unit shall not have more than two (2) bedrooms; and vii. The ADU shall be designed to meet the appearance of a single-family residence and must be the same or visually match the principal dwelling unit in the type, size and placement of the following: 1. Exterior finish materials 2. Roof pitch 3. Trim 4. Windows, in proportion (relationship of width to height) and orientation (horizontal or vertical). b. Additional development standards for detached accessory partment dwellings ADUs: i. Shall be located behind the front building setback line and placed on a permanent foundation; ii. I side and rear yards shall be preserved;Shall preserve all side yard and rear yard setbacks for a dwelling unit, as established in Section 19.40.020 Residential Standards in the UDC; iii. Shall not be allowed on lots containing a duplex, multi-family dwelling or accessory apartment contained within the principal structure; and fid. Shall have a pitched roof with a minimum slope of 1_3.1 P:\Community Development\Planning Commission\2008 Meetings-Planning Commission\01-31-08\RPCA 1-31-08 PC Meeting Emergency UDC amend.doc iv. Existing detached accessory structures may be converted into detached ADUs provided that all development standards and criteria are met, including side yard and rear yard setbacks. 4. Application process. a. Application for an ADU permit shall be made to the Department of Community Development in accordance with the permit procedures adopted by the department; b. Shall include a letter of application affirming that one legal titleholder will live in either dwelling unit, meeting requirement of owner occupancy; c. An ADU application shall also be filed as a deed restriction with the Spokane County department of records and elections to indicate the presence of an ADU, the requirement of owner occupancy, and other standards for maintaining the unit as described in this Code; and d. Cancellation of an ADUs registration may be accomplished by the owner filing a letter with the department of community development for recording at the department of records and elections, or may occur as a result of an enforcement action. 19.60 District Purpose&Supplemental Use Regulations Commercial, Office& Mixed Use Zones 19.60.010 General Requirements 1. Non-residential development shall meet the minimum setback and the maximum building height requirements shown in Table 19.60-1. 2. Parking areas shall be paved and landscaped in accordance with SVMC 22.50. 3. New development exceeding three (3) stories in height shall be provided with paved service lanes not less than sixteen (16)feet in width. 4. All new development shall provide for shared access with adjacent properties. Table 19.60-1 Commercial Development Standards Office Commercial Mixed Use Industrial GO 0 NC C RC CC* CMU* MUC* I1 I2 Minimum Front Yard 20 20 20 20 20 20 20 20 20 20 Setback Minimum Flanking 20 20 20 20 20 20 20 20 20 20 Street Setback Minimum Side and Rear Yard 20 20 20 20 20 20 20 20 35 35 adjacent to a residential use or zone Maximum Building 45 100 35 35 100 Unlimited 50 60 40 65 Height(in feet) * Except as otherwise required P:\Community Development\Planning Commission\2008 Meetings-Planning Commission\01-31-08\RPCA 1-31-08 PC Meeting Emergency UDC amend.doc 22.130.030 Required Improvements and Dedication Prior to the issuance of any approvals or permits subject to the provisions of this chapter, the Development Services Senior Engineer shall determine the extent and type of roadway improvements, dedication or designation of future acquisition areas required to be constructed as part of the development proposal. The Development Services Senior Engineer shall utilize the following in determining the scope of the improvements: 1. The Comprehensive Plan, 2. The Arterial Street Map, 3. The street construction standards, and 4. The functional, safety, efficiency and coordinated future expansion needs of the roadway system to serve the traveling public and emergency vehicles. The Development Services Senior Engineer shall determine the extent of additional right-of-way needed to support these improvements and the process of dedicating the required land area or determine if a future acquisition area should be designated pursuant to 22.130.035 - 036 below. The Development Services Senior Engineer shall also determine if the development proposal can participate in any City Capital Improvement Project as included on the adopted Six (6)-Year Street Improvement Plan. In these cases, the development proposal will be conditioned to provide a proportionate contribution to the anticipated project. 22.130.035 Future Acquisition Areas 1. When a "future acquisition area" is designated, a "Title Notice" shall be completed and recorded with the County Auditor by the Planning Department or other appropriate agency/department. The notice shall run with the land and shall not be removed or amended prior to approval by the establishing agency/department s indicated on the notice. The notice shall be recorded as soon as possible and, in all cases, prior to the issuance of a building permit. The notice shall: a. Include the tax parcel number and the full legal description; b. Make reference to any related approval file number or permit numbers; c. Include the name of the street(s) or road(s) and/or map if appropriate, d. Include the dimension of the future acquisition area(s); e. Indicate the building setbacks from the future acquisition boundary(ies); f. Indentify any limitations for improvements or features within the acquisition boundary(ies), g. Indicate that the future acquisition area is private property; h. Identify the responsibility for relocation or loss of "interim" features or improvements within the future acquisition areas; and i. Be mailed to the property owner's and taxpayer's address as shown in the current Spokane County Assessor's/Treasure's records, if a complete mailing address is indicated. The "Title Notice" shall be amended or removed with an Extinguished Form when the Arterial Road Plan, the Official Road Map or other conditions change and the recorded "Title Notice" is no longer valid. Property owners shall be notified of the change. 2. Building Setback The required setback of buildings as specified in the underlying zone classification shall be measured from the future acquisition area boundary. If no reasonable site design solution complying with the full setback is feasible, exceptions to the full setback may be administratively granted if: a. an existing parcel or lot equals or is up to 5% larger than the minimum lot area required in the underlying zone; b. an existing parcel or lot has an existing building proposed for expansion; or c. the sponsor of new development or redevelopment adequately demonstrates a site design or use limitation for the existing property. Such exceptions may be granted provided that: P:\Community Development\Planning Commission\2008 Meetings-Planning Commission\01-31-08\RPCA 1-31-08 PC Meeting Emergency UDC amend.doc i. The property is not part of a zone reclassification and/or subdivision application; ii. The property has no reasonable alternative site design solution feasible; iii. A"Title Notice" is recorded pursuant to 22.130.035 that further identifies likely impacts (such as noise, crowding, loss or relocation of improvements) to the site when the roadway is widened in the future; and iv. The building is located at the greatest setback possible; but in any case shall be no closer than one-quarter (25%) of the required setback from the future acquisition area boundary and shall not be located within the future acquisition area. 3. Landscaping and Parking a. Landscaping: Significant landscape features, such as trees, shall be located in such a manner that when the roadway is widened in the future a significant portion of such landscaping features, such as matured trees, will not need to be destroyed or relocated. A majority of the trees required in the current landscaping areas shall be planted eight feet (8 ft) from the future acquisition area boundary within the future planting strip and shall be spaced no less than sixty feet(60 ft) from one another. b. Parking: All on-site parking required by the underlying zone classification shall be located outside the future acquisition area. If no reasonable site design solution complying with parking location requirements is feasible, exceptions to these requirements may be administratively granted if: i. an existing parcel or lot equals or is up to 5% larger than the minimum lot area of the underlying zone; ii. an existing parcel or lot has an existing building proposed for expansion; or iii. the sponsor of a new development or redevelopment adequately demonstrates a site design or use limitation for the existing property. Such exceptions may be granted provided that: 1. The property is not part of a zone reclassification and/or subdivision application; 2. The property has no reasonable alternative site design solution feasible; 3. A "Title Notice" is recorded pursuant to 22.130.035 that further identifies likely impacts to the site when the roadway is widened in the future; and 4. The fewest number of parking stalls is located in the future acquisition area as possible and, in any case, shall contain no more than one-quarter (25%) of the required parking stalls for the site. 4. Location of required site drainage facilities All required 208 and/or surface drainage facilities for the site shall be located outside the future acquisition area. If the sponsor of a new development or redevelopment adequately demonstrates a site design or use limitation for location of such facilities on the existing property, a portion of the drainage facility improvement may be temporarily allowed within the future acquisition area if an interim permit is issued pursuant to the provisions of 22.130.037. The interim permit shall provide for the relocation of the drainage facility to an alternative site by the property owner when the roadway is widened. The permit shall identify the alternate location and the means of relocating the facility. 5. Physical structures, improvements and utilities Physical structures (such as signs, fencing, and architectural features) and improvements (such as site drainage, '208' drainage swales, landscaping, and parking) shall not be located within the future acquisition area unless an interim conditional use permit has been issued pursuant to Section 22.130.037. If permitted they shall be considered "interim" and shall be relocated or removed / right-of-way is widened in the future, subject to the conditions of the interim conditional use permit. All developers, agencies and purveyors installing utilities in, adjacent to or across rights-of-way shall show the future acquisition area and boundary(ies) on construction plans or drawings. Impacts from the future roadway widening and other relocation cost shall be considered when designing and siting utilities and improvements. P:\Community Development\Planning Commission\2008 Meetings-Planning Commission\01-31-08\RPCA 1-31-08 PC Meeting Emergency UDC amend.doc 22.130.037 Interim Conditional Use Permit The Development Service Senior Engineer may temporarily allow, as an interim conditional use, site features or improvements located within or adjacent to the future acquision area that are in conflict with the provisions of this Chapter, provided that a hardship can be demonstrated and the use can be reasonably conditioned and restricted to ultimately accomplish the intent of this 208 swales, parking stalls, utilities and signs. Interim Conditional Use Permits shall be issued administratively at or before the time development approvals and permits are granted. Interim permits shall, at a minimum, specify the temporary or interim use allowed, the conditions of the permit, the provisions for and timing of removal, relocation or installation and the responsibility for the cost of relocation, removal or installation. Any appeal of the administrative decision respecting an interim use shall be heard pursuant to SVMC 7.90 Appeals. All interim permits shall be referenced by a Title Notice pursuant to Section 22.130.035. 22.130.039 Parking Lot Travel Lane Connections to Adjacent Parking Lots 1. Travel lanes within commercial and industrial developments shall connect or provide for future connection of existing or future adjacent parking lots of commercial or industrial development. Multiple family developments shall provide similar connections to adjacent multiple family development. Travel lanes shall be designed to allow future expansion of the roadway and retain parking lot circulation between parking lots without requiring vehicles to access the roadway to enter the adjacent parking lot. Commercial or industrial parking lot traffic should not pass through residential parking lots. Site development design which provides for minimum travel lane connections may reduce parking requirements by two parking stalls for each travel lane connection (to a maximum of four stalls). If the sponsor of a new development or redevelopment adequately demonstrates a site design or use limitation for installation of the required travel lanes on the existing property; exceptions to the travel lane requirements may be administratively granted; provided that: a. The property is not part of a zone reclassification and/or subdivision application; b. The property has no reasonable alternative site design solution feasible; c. The Development Services Senior Engineer finds that the travel lane and connection location or an interim lack of connection will not negatively impact the present or future function and safety of the parking lot circulation, ingress/egress, the future roadway or roadway network; d. An interim permit is issued under the provisions of 22.130.037 for any required parking stalls that are to be removed in the future, and the permit requires adjacent travel lane connections; and e. A "Title Notice" is recorded pursuant to 22.130.035 that further identifies likely impacts (such as loss or relocation of improvements, features or parking stalls) to the site when the travel lane connection is made in the future. P:\Community Development\Planning Commission\2008 Meetings-Planning Commission\01-31-08\RPCA 1-31-08 PC Meeting Emergency UDC amend.doc CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: January 31, 2008 Item: Check all that apply: ❑ consent ❑ old business ® new business ® public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Study Session and Public Hearing to amend Uniform Development Code by permitting indoor kennels and doggy daycare businesses in the Neighborhood Commercial, Regional Commercial, and Corridor Mixed Use Zones. GOVERNING LEGISLATION: RCW 36.70A.390 and RCW 35A.63.220. PREVIOUS COMMISSION ACTION: None. BACKGROUND: On September 24, 2007 City Council adopted Ordinance 07-015 approving the City of Spokane Valley Uniform Development Code (UDC). The UDC was effective on October 28, 2007. Prior to the adoption of the UDC, Jeanne and Lonny Kelp checked with the City that a doggy daycare and pet hotel would be permitted in a tenant space they were interested in located in the B-3 zone. The Interim Zoning Code permitted kennels in the B-3 and they were advised of that information. When the new UDC was adopted, the zone was changed to Commercial Mixed Use which does not permit kennels. Since they did not submit a permit application for the tenant improvement and land use approval until after the UDC had been adopted, they were not vested to the previous code. The business owners asked the director of community development (Director) to review the situation. On November 1, 2007, the director issued an interpretation under UDC Section 19.60.050 (1) permitting the doggy daycare portion of the business in Neighborhood Commercial, Community Commercial, Regional Commercial, and Corridor Mixed Use with conditions (See Exhibit A). On December 20, 2007, the Director received a letter from D.J. Hume, representing Lonnie and Jeanne Kelp and asking for an interpretation to include indoor kennels. (See Exhibit B) The Director issued a response letter dated January 8, 2008 denying the kennel use without a formal code amendment. (See Exhibit C) On January 10, 2008 the Kelp's applied for a code amendment to allow indoor kennels in the Corridor Mixed Use zone as provided for under UDC Section 17.80.150. Doggy daycares have also been included in this amendment in order to formalize the Director's interpretation referred to above. Analysis:: UDC Section 17.80.150(6) provides approval criteria that amendments of the UDC must meet. Those criteria include: 1. The proposed amendment(s) are consistent with the applicable provisions of the Comprehensive Plan; and 2. The proposed amendment(s) bear a substantial relation to the public health, safety, welfare and protection of the environment Staff Comment: The Comprehensive Plan envisions a future that would mix commercial and residential into more compact development patterns. Since both uses co-exist, it is important to provide the mix of uses that provide services and jobs for the people living in the area and yet protect residential uses from P:\Community Development\Planning Commission\2008 Meetings-Planning Commission\01-31-08\RPCA 1-31-08 Doggie day care amendment.doc 4 noise or other controllable impacts. As people choose to live in or close to commercial areas and the economics and demographics of the community change to more single-persons, couples without children, single parents and dual-income families, there will be a demand for daycare and boarding services for pets. Outdoor facilities are not appropriate to the commercial areas under the new vision, but indoor facilities are in close alignment with other uses including veterinarians and pet grooming. The following Goals in the Comprehensive Plan support the proposal: EDG-1 Encourage diverse and mutually supportive business development and the expansion and retention of existing businesses within the City for the purpose of emphasizing economic vitality, stability and sustainability. NP-3.3 Encourage commercial development that is designed and scaled in a manner that is compatible with surrounding neighborhoods. The proposal of permitting internal doggy daycare and boarding facilities in some commercial zones with conditions that keep the business indoors, is adequately soundproof and meet noise standards for a commercial noise source bear a relation to the public health, safety and welfare by providing needed services to areas the city anticipates as developing with residential. RECOMMENDATION. Staff's opinion is that the interim UDC amendments meet the above noted criteria and recommend that the Planning Commission conduct a public hearing and forward a recommendation to amend the UDC by permitting doggy daycare and indoor kennels in the Neighborhood Business, Community Commercial, Corridor Mixed Use and Regional Commercial zones to the City Council. STAFF CONTACT: Kathy McClung — Community Development Director ATTACHMENTS: A. Director's Interpretation dated November 1, 2007 B. Letter from D. J. Hume dated December 20, 2007 C. Response letter from Director dated January 8, 2008. D. Application for UDC Amendment dated January 9, 2008 E. Strike through/underline copy of applicable UDC sections. - attached P:\Community Development\Planning Commission\2008 Meetings-Planning Commission\01-31-08\RPCA 1-31-08 Doggie day care amendment.doc 19.60.040 NC, Neighborhood Commercial District The Neighborhood Commercial designation is intended to provide a limited number of commercial goods and services to surrounding residential neighborhoods. Supplemental Permitted Use Regulations: 1. Animal ClinicNeterinary limited to small animals. 2. Carwash limited to a single bay. 3. Grocery or specialty food store limited to no more than twenty-five thousand (25,000) square feet of net retail space. 4. Mobile food vendors with permission of the property owner, health certificate and permit. 5. Below ground storage of fuel incidental to retail sales only. 6. All storage in the NC district shall be within an enclosed building, provided that retail products which are for sale or rental may be displayed outdoors during business hours only, so long as the storage does not occur within any required front or flanking street yard or in any public street or right-of-way. 7. Indoor kennels, doggie daycare facilities and kennels associated with veterinarian clinics provided that: a. There are no outside runs or areas; b. The structure(s) housing animals is adequately soundproof to meet the requirements of WAC 173.060; c. One (1) parking stall provided for every ten (10) animal confinement areas; and d. Compliance with noise standards for a commercial noise source as identified by WAC 173-60- 040 has been demonstrated by the applicant. 19.60.050 C, Community Commercial District The Community Commercial classification designates areas for retail, service and office establishments intended to serve several neighborhoods. Community Commercial areas should not be larger than fifteen to seventeen (15-17) acres in size and should be located as business clusters rather than arterial strip commercial development. Community Commercial centers may be designated through the adoption of the Comprehensive Plan, Comprehensive Plan amendments or through sub-area planning. Residences in conjunction with business and/or multifamily developments may be allowed with performance standards that ensure compatibility. Supplemental Permitted Use Regulations: 1. Indoor kennels, doggie daycare facilities and kennels associated with veterinarian clinics provided that: a. There are no outside runs or areas; b. The structure(s) housing animals is adequately soundproof to meet the requirements of WAC 173.060; c. One (1) parking stall provided for every ten (10)animal confinement areas; and d. Compliance with noise standards for a commercial noise source as identified by WAC 173-60- 040 has been demonstrated by the applicant. 2. Wind Turbine Support Tower provided the provisions of SVMC 19.40.110 are met. 3. All storage in the C district shall be within an enclosed building, provided that retail products which are for sale or rental may be displayed outdoors during business hours only, so long as the storage does not occur within any required front or flanking street yard or in any public street or right-of-way. Vehicles, machinery or other items normally displayed for sales purposes on an open lot may be so displayed. No inoperable or not-currently licensed vehicles or remnants thereof shall be stored or displayed out of doors. P:\Community Development\Planning Commission\2008 Meetings-Planning Commission\01-31-08\RPCA 1-31-08 Doggie day care amendment.doc 19.60.060 RC, Regional Commercial District The Regional Commercial designation allows a large range of commercial and business uses. Community Design Guidelines address design quality, mixed-use, and the integration of auto, pedestrian, and transit circulation. Supplemental Permitted Use Regulations: 1. Caretaker dwelling unit limited to custodial, maintenance, management or security of a commercial property. 2. All storage in the RC district shall be within an enclosed building or within an area screened by a Type screen consistent with the provisions of SVMC 22.70.030, provided that retail products which are for sale or rental may be displayed outdoors during business hours only, so long as the storage does not occur within any required front or flanking street yard or in any public street or right-of-way. Automobiles, recreational vehicles, machines and other items normally displayed for sales purposes on an open lot may be so displayed. 3. Indoor kennels, doggie daycare facilities and kennels associated with veterinarian clinics provided that: a. There are no outside runs or areas; b. The structure(s) housing animals is adequately soundproof to meet the requirements of WAC 173.060; c. One (1) parking stall provided for every ten (10) animal confinement areas; and d. Compliance with noise standards for a commercial noise source as identified by WAC 173- 60-040 has been demonstrated by the applicant. 19.60.070 MUC, Mixed Use Center District The Mixed Use Center designation allows two (2) or more uses on a site that can either be vertically or horizontally mixed and includes employment, lodging, and retail along with higher density residential uses. Supplemental Permitted Use Regulations: 1. The outdoor storage provisions contained in SVMC 19.60.050(3)shall apply to the MUC district. 2. Front&flanking street yard setbacks shall be twenty (20)feet, except as otherwise provided. 3. Projects with residential component shall provide two hundred ten (210) square feet of open space per dwelling unit conforming to the requirements of SVMC 19.40.020(5) and eligible for reduction for improvements on the same basis, provided that: a. The requirement does not apply to the development of less than ten (10) new dwelling units; and b. Additional open space is not required for residential development located within 1,300 feet of a public park. A fee in-lieu of land dedication may be assessed for the development of public parks and open spaces to meet the needs of the residents of this district. This assessment will be determined by the Council and reviewed on an annual basis. 19.60.080 CMU, Corridor Mixed Use District The Corridor Mixed Use designation is intended to enhance travel options, encourage development of locally serving commercial/retail uses, higher density residential, lodging and offices along major transportation corridors. Supplemental Permitted Use Regulations: 1. The outdoor storage provisions contained in SVMC 19.60.050(2) shall apply to the CMU district. 2. Front&flanking street yard setbacks shall be twenty (20)feet, except as otherwise provided. 3. Projects with residential component shall provide two hundred ten (210) square feet of open space per dwelling unit conforming to the requirements of SVMC 19.40.020(5) and eligible for reduction for improvements on the same basis, provided that: P:\Community Development\Planning Commission\2008 Meetings-Planning Commission\01-31-08\RPCA 1-31-08 Doggie day care amendment.doc a. The requirement does not apply to the development of less than ten (10) new dwelling units; b. Additional open space is not required for residential development located within 1,300 feet of a public park. 4. Indoor kennels, doggie daycare facilities and kennels associated with veterinarian clinics provided that: a. There are no outside runs or areas; b. The structure(s) housing animals is adequately soundproof to meet the requirements of WAC 173.060; c. One(1) parking stall provided for every ten (10)animal confinement areas; and d. Compliance with noise standards for a commercial noise source as identified by WAC 173-60- 040 has been demonstrated by the applicant. Li m I- a T N Schedule of Li d o a) t d '� 0 7 ; Z) r - Reference t 2 2 22 8 a Permitted Uses I$ = g v O L E E E g2 5 m ELL = Conditions Z Appendix 19-A o o = N Q K V U C7 Z V _ Z See Eh ED w N Kennel,indoor kennel, • • zoning doggie day care facility districts for conditions P:\Community Development\Planning Commission\2008 Meetings-Planning Commission\01-31-08\RPCA 1-31-08 Doggie day care amendment.doc UNIFORM DEVELOPMENT CODE ( ; DIRECTOR'S INTERPRETATION ISSUE: What zoning districts should doggy daycares be permitted? DATE: November 1, 2007 DECISION: Doggy daycares shall be permitted in Neighborhood Commercial; Community Commercial;Regional Commercial; Corridor Mixed Use with conditions described in Section 19.60.050#1 and Light Industrial and Heavy Industrial without special conditions. BACKGROUND: Doggy daycares are for the care of dogs for short stays typically during the day. They are typically indoors and do not have outside runs. These facilities are becoming more popular as the population live in more urban settings and more residents work outside the home. RATIONALE:Veterinary/animal clinics are permitted in the above commercial zones. Within the definition of veterinary/animal clinics, short term boarding is permitted. Kennels which typically require more room,outdoor runs,and are for longer stays are permitted in the Light and Heavy Industrial Zones. i As long as the doggy daycares are for short term stays(less than one day at a time),are open during daytime hours only,meet the conditions to prevent noise impacts and are not conducting business outdoors then the business can be permitted. RECEIVED D. J. 114.0.4DEC 20 2007 Land Planning and Development Services %Pr E VALL Y 9101 N.Mt.View Lane Comm.7NO MLA ENT Spokane,WA 99218 509-435-3108 (C) ,509-467-0229 (I+) 12-20-07 Kathy McClung Community Development Director 11707 E Sprague Avenue, Suite 106 Spokane Valley, WA 99206 Ref Code Interpretation Dog Day Care and Hotel Dear Kathy: We recently discussed the need for an amendment to the Zone Code concerning the use of the Community Commercial Zone for a"Dog Day Care and Hotel and it was your advise to my clients that they apply for an amendment to the code.However,upon my review of your code and a description of the use provided by the owner and manager of this use,I am inclined to request your interpretation pursuant to Chapter 19.20.050 (1) New and Unlisted Uses,whereby,if the new or unlisted use resemble an identified, permitted or conditional use,in terms of intensity or character, and is consistent with the purpose of the Code and one or more of the identified zoning classifications,it may be permitted. I base my request upon the following facts: 1) This is a new use heretofore not anticipated by this title;/V 2) The use is akin to a veterinarian with indoor kennels,permitted in the Community Commercial zone; 3) Animal Clinic/Veterinary is defined in the UDC as: a facility dedicated to the care of animals,which may include grooming services and short term boarding; 4) Kennel is defined in the UDC as: an establishment or place,other than an animal hospital or clinic or animal shelter,where six(6)or more dogs,or six (6)or more cats,or any combination thereof,over six(6)month of age are � �� housed, groomed,bred,boarded,trained,or sold commercially or as pets. �0( k)Ve� j ARA, I Lies 5) ennels are permitted in supplement to a veterinary clinic in the CC zone and AA independent in the I-1 and 1-2 zones. 6) Appendix 19-A fails to denote"Kennel"as a"Conditions Apply"use in the •, Q91 CC zone and in fact leads one to believe that it is not permitted at all in the CC U zone. 7) The CC zone replaced the 13-3 zone heretofore in place for the subject property and the B-3 zone allowed a kennel subject to the same performance Page 2 Interpretation request-continued standards as stipulated in the current CC zone. (Compare 14.628.210(&)a-d and 19.60.050 (1)a-d). 9) While clinics,animal hospitals and shelters are not a"kennel",a kennel may WA house,groom,board and/or train animals. t 10)On the other hand;veterinary clinics may include grooming and boarding in ��' addition to the care of the animal so long as this"kennel"activity is indoors f'', and subject to the noise standards f the code. I)) 11)This proposed use includes the following services: a) boarding b) grooming c) medical administration d) training e) exercise f) and canine related social activities All of the above listed activities are performed indoors within soundproof facilities enhanced by extraordinary improvements often in excess to that provided by the pets owner. (See attached explanation of services written by the owners and managers of this proposed facility). Conclusion: Based upon the above it appears that: t C5� a) the Use Matrix unintentionally fails to delineate that a Kennel is a supplementary ` use to a clinic b) that a veterinarian and staff can provide for the care of animals and can groom 0` and/or provide short term boarding of their clients pets within a soundproof indoor facility; c) that this proposed use provides for the care of animals with similar services all within an indoor soundproofed facility of extraordinary quality; d) that this zone already permits animal clinics and supplemental kennels for the expressed purpose of grooming and boarding and that such use when operated pursuant to these performance standards and other applicable standards of the UDC o and this zone,is deemed compatible to other allowed uses of the zone; e) that this proposed use performed under the same . .s,rds is not overtly different in 0 f, intensity and use to the veterinary clinic and/or kennel; t/) f) that the proposed doggy day care and hotel resell. es the aforementioned permitted pActtr}: uses found within an approved zone classification of Community Commercial. g) That other permitted uses of the CC zone are far more intense than this use and are pv. 1.- ' otherwise allowed on the subject property. F Page 3 Interpretation request—continued I trust you will agree with the above and that this explanation and supplemental material provides you with adequate information for the record and subsequent policy use. We look forward to your response as we anxiously await the ability to use this property. Res. ful y Submitted, // wight Hume, Land Use Planning and Entitlement Services Enclosure: Section 19.20.050 Definition Animal Clinic/Veterinary Definition Kennel Section 19.60.050 Appendix A Permitted Uses"Kennel" Letter describing services of Doggie Day Care and Hotel Copy with enclosure: Lonnie&Jeanne Kelp 1 Dwight J Hume Land Use Planning and Entitlement Services 9101 N. Mt View lane Spokane,WA 99218 Dear Mr. Hume: I have reviewed your letter requesting an interpretation for a Dog Day Care and Hotel and do not find additional information provided to change my original interpretation that a dog day care may be provided in the Community Commercial zone but the extended stays cannot be permitted as a primary use without a code amendment. Your client is proposing a use that is essentially an indoor kennel. I agree that the use will not have adverse impacts to the Community Commercial zone as long as it is all indoors and meets the noise standards and therefore, can support it as a code amendment. Where we may disagree is that although veterinary clinics with interior kennels are allowed in the Community Commercial zone,the primary use is the veterinary clinic and the accessory use is the kennel. The intent of the code is to provide for the medical care of animals under the supervision of a veterinarian with some longer stays associated with the medical care.In practice,animals may also be cared for that are not there because of the medical attention,but these are accessory to the main purpose of the veterinary clinic. This is also consistent with the definition of commercial kennel in the Spokane County Animal Protection Service Section 5.04.020: "Commerical kennel"means a place where five or more dogs or cats are boarded, bred,bought, sold, exhibited,or trained for compensation,but not including a pet shop, animal shelter, or veterinary clinic/hospital where boarding is incidental to treatment. (emphasis added) The City stands ready to process and support a code amendment to permit an indoor kennel in the Community Commercial zone as soon as a formal request is submitted. Sincerely, Kathy McClung Director of Community Development °^� CITY OF SPOKANE VALLEY S2p0`kaile (For Staff Use Only) CommunityDevelopment Department l Q va Bey Current Planning Division DATE SUBMITTED: i/9/0 u RECEIVED BY: 11707 East Sprague Avenue, Suite 106 FILE No./NAME: "°11',11 fi.eiRMi' U&2000$3 Spokane Valley,WA 99206 Tel: (509) 921-1000 C.TA -el -0 Fax: (509) 921-1008 56�. pianning@�sDokanevaliey.orq CURRENT PLANNING FEE: 00 ENGINEERING FEE: CODE AMENDMENT APPLICATION PART I —APPLICATION TYPE (Check One) Zoning,Code Amendment 0 Subdivision Code Amendment 0 Other(List Code): PART II —APPLICATION INFORMATION APPLICANT: jf'N\trUtt5 tponyo NCrx PO ,\4o`t-QQ (1-0 nvu'd k te kQii,.3 MAILING ADDRESS: 0/.7c9.4 .S. o t^ n'Nan. (-ti . CITY: YtA{Q 14� �/1Ef?9 �� y- rnSTATE: 10121 2 ZIP: (1`703'7 cam/ PHONE: (FaE) -I ' gt 7 (WORK) 6v/� G39. /b 75 ( 32 V`7. 55 SECTION(S)OF CODE TO BE AMENDED(GIVE CODE CITATIONS): 5 Cd-i.0-v-1 19 A pp en c i y l q-IA- e d tkl,e ei ronn�.�A-€a U\S 's SUMMARY OF REQUESTED CODE AMENDMENT(S): i 94() ..Akj ( 1 lel CI c /&iind� a 2&yi& ( .Q (AA 'l1A. (Jhrrl-d . wtxyce.d t.tce -YI,1 c1. .r4,C71 , REASON(S)FOR REQUESTED CODE AMENDMENTS: 5_kp0,3Jcitc1.061, l JllC t, A i i 1114 ob1 -;it - CM Alf\ ,� ( t�tdQ AR._ . Rev 03/04 1 • PART III APPLICANT SIGNATURE 1, , (print name) SWEAR OR AFFIRM THAT THE ABOVE RESPONSES ARE MADE TRUTHFULLY AND TO THE BEST OF MY KNOWLEDGE. )1(6CtjlltjiteZateP (Date) NOTARY (For Part 1111 above) STATE OF WASHINGTON ) ss: COUNTY OF SPOKANE ) Q SUBSCRIBED AND SWORN to before me this 1 day of \(unt),(`,!- y , 20n% NOTARY SEAL \c` I i —NOTARY-SIG-1\1A' OTAR SIG \.FtE"- ,.•``�FER L, 11+++ Notary Pubic in and for the Starre of Washington , °cYAq �,L CNC- Residing at: A000U -o_ My appointment expires: 9-c-4 ! 1 t FIP Rev 03/04 3 • PART II—CODE AMENDMENT REQUEST Please either type or write the requested code amendment (s) below. For all code amendment proposals please underline proposed new language and strike—eut proposed revisions or deletions. Please use additional sheets of paper if necessary.I • Rev 03/04 2 ami 0�� .,2 3 , . , - "' '-‘,.4I To Whom it may concern, Before Jeanne's Doggie Daycare and Pet Hotel,LLC you had no choice in accommodations for your pet while you were away for the day or out of town,but only to leave them in a kennel which is only designed to"keep" the dog/cat with as little maintenance and human interaction as possible. • They spend their days alone, barking through a chain link or wire cage,just hoping for a little attention! Scared and depressed they often come home sick from being stressed over their ordeal that most will visit the veterinarian. At Jeanne's Doggie Daycare and Pet Hotel,LLC we believe that when you go on vacation your pet should as well! We believe that our guests deserve a comfortable and fun atmosphere where they can be pampered by(our 24 hour) staff and socialize with their friends during the day in daycare. In the evening spend the night kicked back with their paws up eating a evening snack in a luxury suite watching Animal Planeton their personal plasma TV. In a kennel There are stacked crates,wire fenced kennel runs, drab block walls. Dog kennels have cages, chain link or cinder block runs with cage fronts. Usually they have smaller cages that are stalked on one another where they keep the smaller dogs. Dog Kennels usually have lots of kennels as so they can house lots of dogs.Kennels have a wash down system through out the kennel as so they can wash the feces and yern down the drain.. The dogs are not allowed out of their kennels and are in the kennel from the time they are dropped off for their stay until the owners come to pick them up at the end of their stay. The feces and yearn from the dog is washed down the drain while the dog is still in the kennel, this is very stressful and scary for your dog to have a stranger with a hose spraying the whole intierer of their kennel down getting the dog wet from the overspray and then leaving the kennel dripping wet and the dog damp from the overspray! This is why the dog is so smelly when you pick them up from their stay. 4 There is usually no bed or blanket for your dog in these places and if you supplied them with one either they will not give it to them or it would come home smelling and dripping wet with yern like the washed down kennel, often the dog owner will have to through it away. We pick up the dogs feces and yearn by hand and disinfest each spot individually. Kennels are frightening,very stressful, dark, confined, are noisy from the large number of kennels and deprived from human attention. When dogs are left in a stressful situation there emune system resistance lowers which inturn they are more susceptible to sickness and desise. This is why kennels have a high persentage of sick and underweight dogs/cats on.departure. Our pet Hotel consists of suites for your dog we do not have cages or kennels we have suites for your dog each suite has a full length glass door, simmons mattresses in bed frames and a plasma tv playing Animal planet. Durring the day the dogs come out of their suites and play in a large play area and play all day long with us and the other dogs. Our guests are relaxed and tired from playing all day when they retire for the evening.Playing helps them to sleep at night as so they are no t barking aren not stressed out. We curb bad behaviorists such as barking and do not allow the dogs to bark while they are here .Dogs are pack animals that when in the wild are on the move for the most part of the day in surch of food and to asure the survival of the pack. When left alone in the back yard, in your home etc. with little to no attention they will bark they will dig they will destroy things this is bordum. We keep our pack happy with all • day play, scratches on the belly,pats on the head Doggie daycare and(pet hotels) are a rapidly growing service(fastest growing business in its industry) because dogs are not treated like they once were! People love their pets as companions,treat them as though they were their kids, While at work the dog parent can rely on the doggie daycare to care for their dog as so they do not have to leave them at home scared that they will destroy the house, or leave them in the back yard to dig holes and bark at the neibors.Parents do not want to leave them in a crate 8-10 hours a day while they are at work only to come home to a hiper crazed dog that want to play and go for a walk. Doggie daycare is a great and fun alternative to leaving your dog at home during the day. We at Jeanne's enhance the quality of life for.your pet. Our daycare allows your pet the opportunity to interact and play with other dogs. Daycare helps to develop their socialization skills, curb destructive behaviors and reduces separation anxiety(for you and your pet!)Doggie daycare benefit all dogs! Your pet will come home tired from playing and having fun,relaxed and ready to enjoy a quiet night at home with you. dogs are continuously monitored and supervised by trained daycare professionals 24 hours a day! We also offer Cuddle time Medication Administration Dog walking Birthday Parties Obedience Training Massage Therapy Grooming Hours 6:30 a.m. - 6:30 p.m. Monday-Friday 9:00 a.m. to 5:00 p.m. Saturday Closed Sundays,Holidays &Daily from 12:00 noon to 2:30 p.m. (for nap time) Many people say they send their husbands to the kennel because they could not bear to see where their dog would be staying! They felt that they had to close their eyes to where their dog was staying so they did not feel guilty on leaving them there, or they would not leave them there at all and would have to cancil there vacation plans because leaving them in such a place was not an option. But now there is an option .never board utill us. Uniform Development Code Title 19 igli,IRO0.-.g ,4L..,,,;,:',),,,,,IL:4100*;;i vox ggiii? .:4,,kii.ift,,,,ZA 541.1 FigIA.WOW egl Nggi..PI f.g.';! PRifiRM; AL'iNi,c. .k.4,ti. le.#pg eG,::.,,#, Tili,440,,,,,I.,q,-,,'*vp.lo.g.: . 'oN41401cti'.,iit„:4ff:,11",04401't',,%:-.244.4124 osii*:04.'oi••,5).Ai.?;'e;lira Pi;,ir4-0./V::;0.&•IEr',141::iti'0.).0144.);'..1i,q546440:#,A4 ;;., 4:,0'4;...1q.i,,,,i,!:.,,,t;116t.'.';..',.;•';'t1T A'P,:(04.4 c.:00ttz,Vac';',!.reir.ztr'eit '6,:p0 ,r,„tfre,,5, .': aNW P.i,5NN fkt.%74.,,go ikopo iq..,,,,,,-.4;3,4'itk,F; i.q h,SACO'rg,ti*:, 4(A:11),,i071.,,e,W,• ..,.4a)v,'!2.kc.>...,,,,ffl?4: ,s,• :''r,pr0;O'pif.s•d;,;.4,4, it.il i:,:, :Sliiv?V'I.:fil..,4 ,•ir•.Ir.gig., ..,u.,„N..,..,f 0 •,...yy;,--., t, 0,4 4,0V,rC,,'.ePleil.f,Ow•'-',.. .4',1,i1o.c,',=(,•—'•, ?—u,,,V--,•J"- '••,--••''-'4,.'-',. ',-•'.,;',,,--k.'4,-,:'•'"•k,'-'w'r '':'f,:',V•hP41:4"..f:2C,F0.f`•igf.'0.•?'n,!,:':fr:;PA''/:VIR't',, -4-0.•?'1s ''If,,1•'''5`1'.:'•6• ''!',!'RI'l':104, iri-*A '11)!kf'Mq;,...i.,4,.Arl Z.'"'?,!Oa,,,,, ',.s.hil''Sr-,1'2:,'''!-Es',En,`,.=•:`,Tie.,f• •;'4'qV 4\4.G',.6"411'ORefetenteiConditieinVil" 7. lq.%bvii:A,,,*glA ''A•i;14:i Mg'ii0,(0?.4'D,O,Af-iii :;,IM..IPA.?0;' lrrtfttifppyit*49.:d*M0f;f''Pett '0?)A;'il rfp'''0:‘,',6Ptf,'44.4Vq..P;0.=!S10:::?..,pc..,',4 ,!%go Ahet PMVoloorytt-cPumo,Y42 ip..7,1144,„t1;07.6;,R6t: :,!: b:kr.o'A'.:2714.,;,..0. ',..',P.• V.2),* V.ft-4-.'(."'"F?;5-'*,?,:'A5,,,'OE'f:tc2::4Ek .i5iEt,..4 ..t.,!4 Pe$59:474a,0400=',,PtOg .';',:. •;,,. ;;i??.'i:i1 .54,;.,..7f. .1i-1114 Vug!:.7cU.,"A k17.41:„ZiPiltV4',04.ZtReA,,..1 A,(5,008.400%-0.14MiR,•;:si. V WA.*,!?;.t.. .i.z,,-,..,k4 Ki..3rA:,,,V•,,a1.,',.:jEl;:i:/iEtiEk.:4zolgt,;;;4,,, 4 4!,,,:,'4.„,f,..: yjonw gi-E-!:Ip.c,,ey8,..,,,i31:or,L3m 1,540.i.,:, :::&i qpgt 44...c.fp,‘,....pif.,,,,y,!...:x%.,(,..):se,...r Jewelry,clock,musical instrument assembly, . 45 45322 • • • A • • • • • sales/service See zoning districts for 81 81291 Kennel • • • lesc.10.1R Kennei • conditions 54 54138 Laboratories(Bio Safety Level 2) 0 • • 54 54138 Laboratories(Bio Safety Level 3) • • • . 54 54138 Laboratories(Bio Safety Level 4) 9 • 62 62151 Laboratories,medical&diagnostic • 9 • • • • • 44 • 44419 Landscape Materials Sales: • • • • A A A 81 812310 Laundromat • • A • • • • 44 4453 Liquor store • • • 'A A • • • 56 - 561622 Locksmith • • • A A • • • • 32 3211 Lumbermill,sawmill,shingle mill,plywood mill • 33 33271 Machine shop • • • . . 33 333 Machine/machinery manufacturing • • 23 236115 Manufactured home fabrication • • . •:- -:. •:. -:.• :- 81 814 Manufactured home park . SVMC 19.40.130 45 45393 Manufactured-home sales • • • 32 327 Manufacturing,Non-metallic Metal Products • • 45 453998 Market,Outdoor T T T T T T 62 621498 Massage therapy 9 • • • • • • • • 31 3116-3117 Meat/fish canning,cutting,curing and • • smoking . 33 3391 Medical and laboratory instrument/appratus • • • manufacture Medical,dental,and hospital equipment 42 42345 • 0 • A • supply/sales 62 6214 Medical/dental clinic 9 • • 9 0 • • • 62 621. Medical/dental Office • • • • • • • • • _ . . . 33 332 Metal fabrication • • . . - 33 332 Metal Plating • 33 332 Metal Processes,Hot • • Mineral Product Manufacturing,Non-metallic • . , 21 212 Mining • See zoning districts for 72 722330 Mobile Food Vendors •:. •.:. e.'• •:. .:. •:. •:* •:. •:. conditions. • _ T T T T T T 23 235115 Model Home units • Permitted Use A Accessory Only ® Regional Siting T Temporary Permit •. Conditions Apply 5 C Conditional Use Permit City of Spokane Valley Building Dept RECEIVED Receipt JAN 1. 0 2108 Receipt Number: 1E+04 Customer Number SPOKANE VALLEY DEPARTMENT OF Projects COMMUNITY DEVELOPMENT • Full Project Nbr Inv Nbr .Fee Anti `I,ivAint °; ::'Owing PAID Pint 08000083 1 $1.;000:00.::: $10000_; $1500:00.:. $1,500.00 Total: ::'$1;500:00.'. ; ?$1:;500:0.0 =;: _,`°$1;500:00 $1,500.00 Miscellaneous Items Total PAID: $1,500.00 Tender Tyne: ._:Check ,Aect; Balance CC.Nbir:- ExvDate TENDERED 1,500.00 -- Payer::: 'Jeanne Keip.;. Total TENDERED: 1,500.00 Over /(Short} $0.00 Change $0.00 Notes: Thin Date/Time: 01/10/2008 10:28:05 AM By: PLPRINCE Logon User: BldgCounter Station: CX W( I4V HwewAOUxQ8 Override By: Printed: 01/10/2008 10:28:11 AM Page 1 of 1 Uniform Development Code Title 19 11 �� I Table- 19.80-1 A.IIA'A Commercial Development Vbnn.Grac Office Commercial Mixed Use Industrial GO 0 NC C RC CC* CMU* MUC* 11 I2 Minimum Front Yard 20 20 20 20 20 20 20 20 20 20 " Setback Minimum Side and Rear Yard adjacent to 20 20 20 20 20 20 20 20 35 35 residential Maximum Building 45 100 35 35 100 Unlimited 50 60 40 65 Height(in feet) •Except as otherwise required 19.60.020 GO, Garden Office District The Garden Office designation is intended primarily for low-rise office development with limited retail or commercial uses. Retail and commercial uses are limited to those that are clearly subordinate to the primary office use or the retail function primarily serves the office uses in close proximity to the retail or commercial use. Garden Office uses provide a buffer between residential uses and commercial uses. Primary uses include medical and dental facilities, education services, insurance, real estate, financial institutions, design firms, and legal services are representative of this Comprehensive Plan category. Supplemental Permitted Use Regulations: 1. Convenience Store: a. Exterior loudspeakers, public address systems or similar audio equipment shall not be permitted; and b. The proposed location shall be directly adjacent to at least a principal or minor arterial street or collector street. 2. Dwelling units shall be allowed only in a building or structure with non-residential on the entire ground floor. Parking for residents must be reserved and clearly marked, except housing provided as part of an institutional "continuum of care" concept to encourage independent living. 3. Mobile food vendors shall be located within designated areas which do not interfere with parking or internal circulation, with permission of the property owner, a health certificate and a permit. 4. Traffic from the proposed use on a side street shall be directed to the nearest arterial or collector street and shall not be routed through an adjoining neighborhood. 19.60.030 0, Office District The Office designation is intended primarily for medium to high-rise office development with limited retail or commercial uses. Retail and commercial uses are limited to those that are clearly subordinate to the primary office use or the retail function primarily serves the office uses in close proximity to the retail or commercial use. Primary uses include medical and dental facilities, education services, insurance, real estate, financial institutions, design firms, and legal services are representative of this Comprehensive Plan category. 19.60.040 NC, Neighborhood Commercial District The Neighborhood Commercial designation is intended to provide a limited number of commercial goods and services to surrounding residential neighborhoods. Supplemental Permitted Use Regulations: 1. Animal Clinic/Veterinary limited to small animals. Effective October 28,2007 Page 17 of 33 Uniform Development Code Title 19 2. Carwash limited to a single bay. 3. Grocery or specialty food store limited to no more than twenty-five thousand (25,000) square feet of net retail space. 4. Mobile food vendors with permission of the property owner, health certificate and permit. 5. Below ground storage of fuel incidental to retail sales only. 6. All storage in the NC district shall be within an enclosed building, provided that retail products which are for sale or rental may be displayed outdoors during business hours only, so long as the storage does not occur within any required front or flanking street yard or in any public -1 street or right-of-way. 19.60.050 C, Community Commercial District The Community Commercial classification designates areas for retail, service and office establishments intended to serve several neighborhoods. Community Commercial areas should not be larger than fifteen to seventeen (15-17) acres in size and should be located as business clusters rather than arterial strip commercial development. Community Commercial centers may be designated through the adoption of the Comprehensive Plan, Comprehensive Plan amendments or through sub-area planning. Residences in conjunction with business and/or multifamily developments may be allowed with performance standards that ensure compatibility. Supplemental Permitted Use Regulations: 11800�i� 1 ennels associated with veterinarian clinics provided that: �� 'a. There are no outside runs or areas; CZ- b The structure(s) housing animals is adequately soundproof to meet the requirements of WAC 173.060; c. One (1) parking stall provided for every ten (10) animal confinement areas; and d. Compliance with noise standards for a commercial noise source as identified by WAC has been demonstrated by the applicant. 2. Wind Turbine Support Tower provided the provisions of SVMC 19.40.110 are met. 3. All storage in the C district shall be within an enclosed building, provided that retail products which are for sale or rental may be displayed outdoors during business hours only, so long as the storage does not occur within any required front or flanking street yard or in any public street or right-of-way. Vehicles, machinery or other items normally displayed for sales purposes on an open lot may be so displayed. No inoperable or not-currently licensed vehicles or remnants thereof shall be stored or displayed out of doors. 19.60.060 RC, Regional Commercial District The Regional Commercial designation allows a large range of commercial and business uses. Community Design Guidelines address design quality, mixed-use, and the integration of auto, pedestrian, and transit circulation. Supplemental Permitted Use Regulations: 1. Caretaker dwelling unit limited to custodial, maintenance, management or security of a commercial property. 2. All storage in the RC district shall be within an enclosed building or within an area screened by a Type I screen consistent with the provisions of SVMC 22.70.030, provided that retail products. which are for sale or rental may be.displayed outdoors during business hours only, so long as the storage does not occur within any required front or flanking street yard or in any public street or right-of-way. Automobiles, recreational vehicles, machines and other items normally „ displayed for sales purposes on an open lot may be so displayed. Effective October 28,2007 Page 18 of 33 Uniform Development Code Title 19 19.60.070 MUC, Mixed Use Center District The Mixed Use Center designation allows (2) or more uses on a site that can. either he vertically or The IC IJOc Center designation� two t_� v horizontally mixed and includes employment, lodging, and retail along with higher density residential uses. Supplemental Permitted Use Regulations: 1. The outdoor storage provisions contained in SVMC 19.60.050(3) shall apply to the MUC district. 2. Front&flanking street yard setbacks shall be twenty(20) feet, except as otherwise provided. 3. Projects with residential component shall provide two hundred ten (210) square feet of open space per dwelling unit conforming to the requirements of SVMC 19.40.020(5) and eligible for reduction for improvements on the same basis, provided that: a. The requirement does not apply to the development of less than ten (10) new dwelling units; and b. Additional open space is not required for residential development located within 1,300 if n.t feet of a public,y- ,-- ,ca m t./. A fee in-lieu o land dedication may be assessed for the development of public parks and open spaces `%' to meet the needs of the residents of this district. This assessment will be determined by the Council ( and reviewed on an annual basis. 19.60.080 CMU, Corridor Mixed Use District The Corridor Mixed Use designation is intended to enhance travel options, encourage development of locally serving commercial/retail uses, higher density residential, lodging and offices along major transportation corridors. Supplemental Permitted Use Regulations: 1. The outdoor storage provisions contained in SVMC 19.60.050(2) shall apply to the CMU district. 2. Front&flanking street yard setbacks shall be twenty (20) feet, except as otherwise provided. 3. Projects with residential component shall provide two hundred ten (210) square feet of open space per dwelling unit conforming to the requirements of SVMC 19.40.020(5) and eligible for reduction for improvements on the same basis, provided that: a. The requirement does not apply to the development of less than ten (10) new dwelling units; b. Additional open space is not required for residential development located within 1,300 feet a public park. 1-3. iN, C'�.'l . 0:- ,a.Fuld; tt s ,��-- A fee in-lieu of land dedication may be assessed for the development of public parks and open spaces to meet the needs of the residents of this district. This assessment will be determined by the Council and reviewed on an annual basis. 19.60.090 CC, City Center District- RESERVED 19.60.100 CF, Community Facilities District The Community Facilities District designation is intended to protect and preserve areas of the City devoted to civic, cultural, educational, and similar institutional facilities. These facilities provide for the social needs of the community as those needs relate to public services, open space and institutions whether they are publicly or privately sponsored or operated. Moreover, this designation provides for and protects parks, open space, and other natural physical assets of the community. Uses in these areas may include those identified as"Essential Public Facilities." Effective October 28,2007 Page 19 of 33 Uniform Development Code Title 19 Supplemental Regulations: 1. The design standards applicable to property zoned CF shall be those of the adjacent property, provided that where the CF property is adjacent to more than one (1) other district, the requirements for setbacks, landscaping, signage, lighting and other requirement for the adjacent district shall apply within twenty-five (25)feet of the property line. 19.70 District Purpose & Supplemental Use Regulations- Industrial Zones 19.70.010 I-1, Light Industrial District The Light Industrial designation is a planned industrial area with special emphasis and attention given to aesthetics, landscaping and internal and community compatibility. Typical uses would include technology and other low-impact industries. Light industrial areas may also include office and commercial uses as ancillary uses within an overall plan for industrial development. Supplemental Regulations: 1. The outdoor storage provisions contained in SVMC 19.60.060(2) shall apply to the I-1 district. 2. Mobile food vendors shall be located on/within designated areas which do not interfere with parking or internal circulation, with permission of the property owner, health certificate and permit. 3. Setbacks: a. Front&flanking street yard setbacks shall be twenty(20)feet; and b. Side and rear yard setbacks of thirty-five (35) feet are required only adjacent to residential zoning districts. 19.70.020 1-2, Heavy Industrial District Heavy Industrial designated property is characterized by intense industrial activities which include manufacturing, processing, fabrication, assembly, freight handling and similar operations. Heavy industry may have significant noise, odor or aesthetic impacts. Supplemental Regulations: 1. 1-2 allows any use permitted in the I-1 zoning district, except as specifically provided in Appendix 19-A. 2. Mobile food vendors shall be located on/within designated areas which do not interfere with parking or internal circulation, with permission of the property owner, health certificate and permit. 19.80 Adult Uses 19.80.010 Purpose In the development and adoption of this chapter, the City recognized that there are adult entertainment uses which, due to their very nature, have serious objectionable operational characteristics, particularly when located in close proximity to residential neighborhoods and schools, thereby having a deleterious impact upon the quality of life in the surrounding areas. It has been acknowledged by courts and communities across the nation that state and local governmental entities have a special concern in regulating the operation of such businesses under their jurisdiction to ensure the adverse secondary effects of the establishments are minimized. This chapter is intended to protect the general public health, safety and welfare of the citizenry of the City of Spokane Valley through the regulation of the operations and licensing of the adult entertainment devices, premises and personnel of adult entertainment establishments. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any Effective October 28,2007 Page 20 of 33 Uniform Development Code Title 19 ) 23 'a � ; Schedule of Permitted Uses w o t 21* '� To = c Reference Conditions cn gt co Appendix 19-A m o m c � , .°a d ...= m '2 iv ' t m N 0._ 0 pp v d p 0 w _a .0 E E E O Ea' £ = u� d o C m v a0 E E E 'Q) E £ 7- Z i N Fl LL LL Q Q X N O N Z. f0 N O O O d 0 O N N re ii ,i Q' 2 E 'Z Z 2U 6 : U (5 O ZO UU QU 0u • • • 62 6232 Community residential facility,greater than 6 • residents,no more than 25) 56 56173 Composting storage/processing,commercial • 54 54151 Computer services • • • • • • • • • • 23 2373-238 Contractor's-yard • • • • • 62 _ 623 Convalescent home,Nursing home • • 44 44512 Convenience Store • • A A • 0 0 • • 33 339 Cosmetic&Miscellaneous manufacturing • • • • 0 • • • 62 6233 Day care,Adult • • • A • • • _ A A A C C C C • • 62 624410 Day care,Child(13 children or more) • • A A • A A A • • • • • 0 62 624410 Day care,Child(12 children or fewer) • 0 • A A • • • A A A 45 4521 Department/variety store 0 • • • • 44 44611 Drug Store • • • A • • • • A • 81 8123 Dry cleaners • 5 • A • • • • 81 812332 Dry cleaning,laundry,linen supply plant, commercial • • 32 3211114 Dry Kiln • 81 814 Dwelling,accessory apartments SVMC 19.40.100 81 814 Dwelling,Caretaker's residence o SVMC 19.60.060(1) • • 72 7213 Dwelling,Congregate 0 • • • • • 0 o • 81 814 Dwelling,Duplex • • • 81 814 Dwelling,Multifamily • o • SVMC 19.60.020(2) • • • • • 0 81 814 Dwelling,single family SVMC 19.60.020(2) • 0 • 81 814 Dwelling,Townhouse • 0 0 • 33 334 335 Electrical/electronic/computer component& • • • • o • • system manufacturing/assembly 32 322226 Emery cloth and sandpaper manufacturing • • 71 713 Entertainment/recreation facilities,indoor • o • o • 71 7139 EntertainmenUrecreation facilities,outdoor • 5 5 • • • 53 5323 Equipment Rental shop • • • • • 81 8113 Equipment sales,repair,and maintenance • • _ • • • 72 7222 Espresso/Latte Retail Service • • 0 • • • • • • • • O ® O O 9 O 92 92 Essential Public Facilities O 0 O 0 O O 0 SVMC 19.90 A A 71 71394 Exercise facility/gym athletic club 0 0 • A A • • • • A A 32 32592 Explosive manufacturing • 49 493-190 Explosive storage • • • • • • 5 • 81 814 Family Home,Adult • • • • • • Permitted Use A Accessory Only 9 Regional Siting T Temporary Permit Conditions Apply 3 C Conditional Use Permit Uniform Development Code.Title 19 v Schedule of Permitted Uses N y o s Ti •,-- 5 a E ` 0 .E. c d - v c N , L Reference Conditions rel N 0 Appendix 19-A 0 Y .D 0 v u 2 E E E o fE E .m .92 N 1+1 'f LL LL Q Q x N O N ZN R ' •N o o o w o m - -c",,-4 rG E Q re E E Z Z � U o o (9 0 ZU oo c2o 0 45 45322 Jewelry,clock,musical instrument assembly, • • • A • • • • • sales/service 81 81291 Kennel �dcx 1.` 0 L' °�� • • See zoning districts for . ,N.`3� G 7 c conditions 54 54138 Laboratories(Bio Safety Level 2) • • • 54 54138 Laboratories(Bio Safety Level 3) • • • 54 54138 Laboratories(Bio Safety Level 4) • • 62 62151 Laboratories,medical&diagnostic 0 0 • • • • 44 44419 Landscape Materials Sales: • • • • A A A 81 812310 Laundromat • • A • • • • 44 4453 Liquor store • • • A A • • 56 561622 Locksmith • • • A A • • • 32 3211 Lumbermill,sawmill,shingle mill,plywood mill • 33 33271 Machine shop • • • 33 333 Machine/machinery manufacturing • • 23 236115 Manufactured home fabrication • • 81 814 Manufactured home park SVMC 19.40.130 45 45393 Manufactured-home sales • • • 32 327 Manufacturing,Non-metallic Metal Products • • 45 453998 Market,Outdoor T T T T T T 62 621498 Massage therapy e e • 0 • 0 • 5 31 3116-3117 Meat/fish canning,cutting,curing and smoking _ • • 33 3391 Medical and laboratory instrument/ ppratus • • • manufacture 42 42345 Medical,dental,and hospital equipment • • • A • supply/sales 62 6214 Medical/dental clinic o 5 e • 0 • • • 62 621 Medical/dental Office • • • 0 e • • • • 33 332 Metal fabrication • • 33 332 Metal Plating • 33 332 Metal Processes,Hot • Mineral Product Manufacturing,Non-metallic • 21 212 Mining • 72 722330 Mobile Food Vendors See zoning districts for conditions. T T T T T T 23 236115 Model Home units • Permitted Use A Accessory Only O Regional Siting T Temporary Permit Conditions Apply 5 C Conditional Use Permit HOME BUILDERS ASSOCIATION 5813 East 4th Avenue, Suite 201 • Spokane Valley, WA 99212 • (509) 532-4990 • Fax (509) 532-4980 • www.shba.com January 31,2008 Pastor Ian Robertson, Chair Spokane Valley Planning Commission City of Spokane Valley 11707 E. Sprague Avenue, Ste. 106 Spokane Valley, WA 99206 Re: Public Testimony on Spokane Valley Uniform Development Code Amendments Please consider the following comments from the Spokane Home Builders and Spokane REALTORS®regarding the UDC amendments before you this evening. 19.40.100 Accessory Dwelling Units 1.d Purpose and Intent— "to reduce the isolation of households that is a result of urban sprawl and suburban land use. " We oppose this language and ask that it be removed as it is unnecessary given the other supporting points under this "Purpose and Intent" section. The language places a negative value judgment on suburban land use and claims that most of the development that makes up Spokane Valley's housing stock is "urban sprawl." 3.a.ii Development Standards and Criteria We agree with the 50% of total square footage of the principal dwelling unit limitation language,but disagree with the 800 sq ft maximum of the dwelling. We ask that you increase this to 1,200 sq ft to allow greater options for the use of accessory dwelling units within Spokane Valley, especially since the city in general has larger lots than other cities in the region. If ADU's are going to be a viable use within the city to create affordable housing options,then the regulations need to be flexible enough to actually be used. Otherwise,there's not much sense in having ADU's as an allowed use. 3.a.iii Please better define the statement "shall not exceed the number of persons that are defined as family. " 3.a.vi We ask that the ADU unit be allowed three bedrooms, not just two. This would also correspond with the request for a larger square footage allowance. 4.Application Process What type of permit and process with accessory dwelling unit's be subject to? Will a conditional use permit be required? strongly encouraged to pursue viable alternative and innovative In summary,the city is _ growth and provide housing ortide strides affordable complying with housing land uses form accommodate ocode takes important opportunitiesarenot solutions. The newneeds moro. G1VIA's 13 goals,but it is important that innovative housing impractical due to restrictive regulati ns. Spokane use important component of e relegated imp g and an effective affordable workforce housing, the overall solution. 22.130.035 Future Ac uisition Areas planning requires the implementation of these proposedregulations the Proper transportation care needs to be taken when using on future,acquisition areas. However, great provisions of this code.Tidentified as a or code as written allows the city to virtually condemn the portion of property as a future acquisition area at the time of landusebuilding permit application without hfor land. While the code allows for some flexibility proposed thesize project ue structures a dipl c pay when a site redesign will not allow and placement of parking of improvements that can be move forward,the applicant is severely limited in the types made within the F . (onlygrassy d once the city purchases the Even more unfortunate is that stormwater facilities elocated within the FAA So, in essence,the city condemns the property and takes away its swales will really work in the area) must be relocated property forupublic use. e use,thus devaluing it significantly when el ts ime subject to an unfair loss of for the city to ailabl of way. The landowner "purchase"the property for right value which should be construed as a taking. This regulation needs considerable reviou table the code ' the development community on a reasonable ion, and we would ask that y amendment and direct staff to work wrt alternative. Respectfully submitted, 4 oel White,Executive Officer