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
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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
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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
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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
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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
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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:
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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.
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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.
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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
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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
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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
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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