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2007, 08-27 Special Meeting MinutesAttendance. Councilmembers: Diana Wilhite, Mayor Steve Taylor, Deputy Mayor Dick Denenny, Councilmember Mike DeVleming, Councilmember Bill Gothmann, Councilmember Rich Munson, Councilmember Gary Schimmels, Councilmember MINUTES City of Spokane Valley City Council Special Meeting Uniform Development Code Discussion Monday, August 27, 2007 Mayor Wilhite called the meeting to order at 6:00 p.m. Staff: Dave Mercier, City Manager Cary Driskell, Deputy City Attorney Greg McCormick, Planning Manager Carrie Acosta, Deputy City Clerk Appendix 19 -A Schedule of Permitted Uses Mr. McCormick said on the matrix there is a symbol that indicates when conditions apply and a section to the far right that would reference those conditions; however they have not been able to find the referenced conditions for some that have been identified as "conditions apply." He also said they need to update some of these uses. Councilmember DeVleming asked what actions staff will take to clear up the discrepancies. Mr. McCormick said staff will need to go through the uses again to determine which will be allowed and which will not be allowed, and which special conditions apply. He said there are only about a dozen, so it won't hurt for Council to still discuss the matrix tonight. Councilmember DeVleming asked if Councilmember Munson only wanted to go through the matrix to address the changes proposed in the Pinecroft letter or if he wanted to go through the whole matrix. Mr. Munson said he wants to go through the matrix one by one. Animal Clinic /Veterinary: Councilmember Munson asked why this would not be permitted in the mixed use zone. Mr. McCormick said they could allow it in the mixed use center, if it is the desire of Council, and there may be other areas to include as well. Mayor Wilhite asked for the definition and the concept of the mixed use center. Mr. Munson said it includes office, medical, and light manufacturing. Mr. McCormick said it allows two or more uses on a site, either vertically or horizontally mixed, and includes employment lodging, retail and higher density residential uses. He said Pinecroft at Mirabeau is a mixed use center. Councilmember Gothmann asked if an animal or vet clinic would interfere with high density residential. Mr. McCormick said a vet clinic looks like an office. Councilmember Munson pointed out that if someone lives in a mixed use center, they will likely have pets and may want to have a vet clinic in that area. He suggested they could put conditions on it. Councilmember DeVleming said there are other areas where they are permitted and questioned if they needed to allow it in the mixed use centers as well. He said there are several examples that can be given for why these uses should or should not be permitted and if there are opportunities in the other zones for the animal /vet clinics, he doesn't think they should allow it in the mixed use centers. Deputy Mayor Taylor said the mixed use centers are areas where they are trying to do something unique from the corridor mixed use and the neighborhood commercial zones and there are other zones where the animal /vet clinics are allowed. Councilmember Gothmann said the matrix is a dynamic document that changes can be made to and he prefers they keep animal/vet clinics excluded from the mixed use centers. No changes. Council Minutes: 8 -27 -2007 Page 1 of 4 Approved by Council: 09 -11 -07 Appliance Sales /Service: Councilmember Munson asked why this is not permitted in the neighborhood commercial zone. Councilmember Denenny said by allowing appliance sales and service they could have a very large appliance store going into that area that would increase the amount of large trucks and traffic. Mr. Munson said he considers appliance service and sales to be a neighborhood service. Mayor Wilhite asked about appliance sales by an appliance manufacturer and whether they would be able to sell their appliances, such as an outlet near a manufacturing site. Mr. McCormick said it could be allowed as an accessory use in the industrial zones, so long as it is an accessory to the actual manufacturer. He said they can add it to the matrix as an accessory use in the I -1 and I -2 industrial zones if that is direction of Council. It was the consensus of Council to add appliance sales and service as an accessory only in I -1 and 1-2 zones, but not in the neighborhood commercial or community commercial zones. Before moving further through the matrix, Councilmember Munson recommended that unless a Councilmember specifically calls attention to one of the categories on the matrix, they can assume that Council disagrees with the red - dotted suggestions by Pinecroft. Council agreed. Bakery, Retail: Mayor Wilhite asked if there were a commercial bakery in an industrial park if they would they be able to sell their excess goods from there. Mr. McCormick said that would be an accessory use and they can permit it as such under I -1 and I -2. It was the consensus of Council to add bakery, retail as an accessory use in the I -1 and 1-2 zones. Mr. McCormick suggested allowing it as an accessory use in the garden office and office zones as well. Deputy Mayor Taylor said he would like conditions to apply to those zones to ensure the bakery is serving a particular community rather than going in as a large retail shop. Mr. McCormick said he will have staff come up with conditions relating to the square footage. It was the consensus of Council to leave the bakery, retail as "conditions apply" in the garden office and office zones. Clothes, Retail Sales: Councilmember Munson asked if this should be permitted in the neighborhood commercial zone. Councilmember DeVleming said he doesn't think it belongs there. Councilmember Denenny thinks neighborhood commercial uses should be for things that are used frequently. No changes. Catalog and Mail Order Houses: Councilmember Gothmann asked why catalog and mail order houses are not permitted in mixed use centers. Deputy Mayor Taylor asked if it is because they may include large warehouses to fill orders. Mr. McCormick said in the matrix on the last page, Warehousing is allowed in mixed use centers. Councilmember DeVleming asked if they could add conditions, such as limiting the size of the warehouse. He asked that the conditions be placed on Warehousing in the matrix that would then address the catalog warehousing issue. Mr. McCormick said they look at all the uses of each particular business including primary and ancillary uses. Councilmember Gothmann suggested they add it as "conditions apply" in the mixed use center. Deputy Mayor Taylor asked Council the level and the uses they want to have in the different zones. Councilmember Munson doesn't want to limit the opportunity for businesses to locate in the mixed use center zone. Councilmember Denenny said part of the attraction of the mixed use centers is its walk - ability and various amenities, and the proximity to and the use of the river and Centennial Trail. He said he does not see warehousing as a good fit into that zone. Mr. McCormick asked if Council would like to draw a distinction between recycling a building that is already there for warehousing by allowing for adapted reuse as opposed to allowing a new warehouse to be built in that zone. It was the consensus of Council to make the catalog and mail order house "conditions apply" in the mixed use corridor and the regional commercial zones and reference the condition that warehousing would be allowed only within existing structures, and to add it as an "accessory only" to the mixed use center. Church, Temple, Mosque, Synagogue and Parsonage: Mayor Wilhite asked if they wanted to include these in the mixed use center zone. Deputy Mayor Taylor said he didn't think they should exclude it. Council Minutes: 8 -27 -2007 Page 2 of 4 Approved by Council: 09 -11 -07 Councilmembers Gothmann and Denenny agreed that they don't think it will be an issue. It was the consensus of Council to leave it in the mixed use center and to remove it from the I -1 and I -2 zones. Cold Storage /Food Locker: Councilmember Munson asked why these are only permitted in I -1 and I -2 zones. Councilmember Gothmann said he thinks this is usually referring to a large storage facility. No changes. Community Facilities: Mr. McCormick will check as to why these are permitted in all zones. Contractors Yard: Councilmember Munson asked if these could be permitted as a conditional use or an accessory use for the mixed use center and corridor mixed use zones if they were properly screened. Councilmember Schimmels said he doesn't believe they should be in either zone. Councilmember DeVleming said the problem isn't merely its visibility, but also the noise and smells they generate, as well as the increased traffic. No changes. Equipment Rental Shop: Councilmember Munson asked if these could be permitted in the mixed use center zone. No changes. Exercise Facility /Gym Athletic Club: Councilmember Munson suggested and it was the consensus of Council to add as an accessory use to the garden office zone. He also suggested they allow it in the neighborhood commercial zone. Councilmember Denenny said his concern is that a large exercise facility would be able to go into that zone. Mayor Wilhite asked if they could allow for adapted reuse of an existing building but not allow for a new structure to go in. Councilmember Gothmann suggested allowing it with conditions and limiting the square footage. Mayor Wilhite said she doesn't want to allow new development such as that, but would like to see them be able to use a building that is already there. City Manager Mercier asked when the use is an adapted reuse, whether the structure can still be added to so that potentially it could double and triple in size. It would therefore not restrict the expansion. No changes to the neighborhood commercial zone. Farm Machinery Sales and Repair: Councilmember Munson asked why this is not allowed in light industrial. Councilmember Gothmann suggested they change it to two separate line items: Farm Machinery Sales and Farm Machinery Repair. He said this would allow them to then add sales as an accessory use within regional commercial for repair, but if the primary use is repair, they can put it into the industrial zones. Councilmember Munson said he is only concerned with the repair part of it and said it makes sense to separate them into two line items. Councilmember Denenny asked why this has been broken out to farm machinery and is not just considered to be equipment. Councilmember DeVleming said later in the matrix Truck Sales and Repair are allowed in the industrial zones and to be consistent, this should be as well. It was the consensus of Council to add farm machinery sales and repair as permitted uses in the I -1 and 1-2 zones. Hotel/Motel: Councilmember Munson asked if they should permit hotel and motel as an accessory use in the heavy industrial. It is already permitted in I -1. He said if it is already permitted then he has no problem. No changes. Medical and Laboratory Instrument /Apparatus Manufacture: Mayor Wilhite asked if this could go into the corridor mixed use zone. Deputy Mayor Taylor said corridor mixed use is still primarily a retail environment that incorporates residential and office and the mixed use center is to create a unique business park. Mr. McCormick said a lot of these things will be addressed in the corridor plan, where we will see a move away from a traditional zoning scheme and get more toward a performance standard and design -based code. No changes. Council Minutes: 8 -27 -2007 Page 3 of 4 Approved by Council: 09 -11 -07 Printing, Reprographics, Bookbinding Services, Commercial: Councilmember Munson asked why these are only allowed in the industrial zones. Councilmember Denenny said because this is referring to commercial, not retail. No changes. Restaurant, Drive - Through: Councilmember Munson asked the difference between drive -in and drive - through. Mr. McCormick said they are defined in the Definitions. A drive -in is when you are parked and served in a car. Deputy Mayor Taylor asked why a drive -in is allowed in the industrial zones, but a drive - through can only have it as an accessory. It was the consensus of Council to remove the accessory uses from the I -1 and 1 -2 zones and have conditions apply instead. Mr. McCormick said he will have staff identify the conditions. Retail Sales: Deputy Mayor Taylor suggested and it was the consensus of Council to allow a retail outlet as an accessory to a manufacturing company located in the industrial zones and listing a reference condition that they be limited to the products manufactured on site. Storage Self - Service Facility: Councilmember Munson asked if this could be permitted in the neighborhood commercial zone. No changes. Mayor Wilhite called for a break at 7:45 p.m. The meeting reconvened at 7:55 p.m. Wrecking, Recycling, Junk and Salvage Yards: Mayor Wilhite discussed the letter sent by DJ Hume indicating they would like wrecking yards permitted in the light industrial zone without the conditional use requirement. Mr. McCormick said with the conditional use requirement, it is not considered non- conforming so that requirement simply forces them to go through the permit process. Mayor Wilhite said she would like to change this from requiring a conditional use permit to allowing it with conditions. Councilmember Gothmann said he wants to preserve the conditional use permit requirement. Deputy Mayor Taylor agrees. No changes. Tuesday, August 28 discussion will be on Title 22 starting with 22.70 -3, General Landscaping Provisions. Mr. McCormick said for item J. he looked at the street tree list for trees under utility lines and found the heights are addressed. He said in areas where there are overhead power lines, they would be required to use an appropriate street tree from this list with a maximum height of 20 feet. Councilmember DeVleming suggested they also consult an arborist when considering which trees and tree heights might be appropriate. City Manager Mercier reminded Council of the Executive Session scheduled for next Tuesday, September 4, 2007 at 4:15 p.m. in Council Chambers. Mayor Wilhite reminded Council that tomorrow's regular Council meeting will be at CenterPlace at 6:00 p.m. and will include the second UDC public hearing. The meeting was adjourned at 8:15 p.m. ATTEST: Carrie Acosta, Deputy City Clerk Council Minutes: 8 -27 -2007 Approved by Council: 09 -11 -07 OvuAAA, ,A) Diana Wilhite, Mayor ith,GtL, Page 4 of 4