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Ordinance 10-017 Amending SVMC 19.110, Appendix D CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 10-017 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON AMENDING SPOKANE VALLEY MUNICIPAL CODE (SVMC) TITLE 19.110.020, APPENDIX D ALLOWING VEHICLE SALES AS A CONDITIONAL USE IN THE MIXED USE AVENUE ZONE; AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS, the City of Spokane Valley adopted the Sprague and Appleway Corridors Subarea Plan pursuant to Ordinance 09-021,on the 16th day of June, 2009; and WHEREAS, the Sprague and Appleway Corridors Subarea Plan became effective on the 15th day of October,2009; and WHEREAS, on the 24th day of June, 2010 and the 2211d day of July, 2010, the Spokane Valley Planning Commission held public hearings on the proposed amendment set forth below, and approved the same and made specific Findings, Conclusions, and Recommendations, as set forth in Section One of this ordinance; and WHEREAS, after reviewing the Environmental Checklists, the City issued a Determination of non-significance(DNS)for the proposals, published the DNS in the Valley News Herald,posted the DNS at City Hall and at the main branch of the library, and mailed the DNS to all affected public agencies; and WHEREAS,the proposed amendment is consistent with the applicable goals and policies of the Spokane Valley Comprehensive Plan; and WHEREAS, in accordance with Washington state law, the City notified the Washington State Department of Community Trade and Economic Development of the proposed changes on June 10, 2010. NOW THEREFORE, THE CITY COUNCIL SPECIFICALLY ORDAINS AS SET FORTH BELOW: Section One: The City Council hereby adopts the findings and conclusions of the Spokane Valley Planning Commission set forth as follows: Findings: SVMC 17.80.150(F)states that the City may approve amendments to the UDC if it finds that: (A) the proposed amendment is consistent with the applicable provisions of the Comprehensive Plan; and (B)the proposed amendment bears a substantial relation to the public health, safety,welfare,and protection of the environment. 1. Goal LUG-3: Transform various commercial business areas into vital, attractive, easily accessible mixed use areas that appeal to investors, consumers and residents and enhance the community image and economic vitality. The Planning Commission finds that the code amendment is consistent with this provision. Ordinance Amending SVMC 19.110.020 Page 1 of 3 2. Goal EDG-7: Maintain a regulatory environment that offers flexibility, consistency, predictability, and clear direction. The Planning Commission finds that the code amendment is consistent with this provision. Conclusions: The proposed amendments meet the applicable provisions of the Spokane Valley Municipal Code and are consistent with appropriate goals and policies of the Spokane Valley Comprehensive Plan Section Two: The Spokane Valley Sprague and Appleway Corridors Subarea Plan,adopted pursuant to SVMC 19.110.020 as appendix D is hereby amended as follows: Book II—2.2 Site Development Regulations Page 50 of 201 (1) May be free-standing building or incorporated into mixed-use building. (2) Minimum interior height for ground level retail of all types is 14 ft. from floor to ceiling for new buildings. (3)Drive-through business are permitted subject to the following criteria: (a)Drive-through facilities are permitted on sites adjacent to a principal arterial street. Access and stacking lanes serving drive-through businesses shall not be located between a building and any adjacent street,public sidewalk or pedestrian plaza. (See SVMC 22.50.030 for stacking and queuing lane requirements. (b) Stacking lanes shall be physically separated from the parking lot, sidewalk, and pedestrian areas by landscaping and/or architectural element, or any combination therein. c) Mixed Use Avenue Retail i)Permitted Uses: (1) "Medium Box" Commercial Sales & Services including the following: (a) Establishments selling or servicing Large Scale Goods such as party goods, art supplies, sporting goods, auto parts, electronics or appliances, outdoor accessories, furniture,home furnishings, hardware, and home improvements stores. (b) Commercial services such as miscellaneous Repair Service uses with no outdoor storage, including plumbing services, laundry services, cleaning and janitorial service and supplies, vacuum cleaning and sewing repair and rental shops, etc. (c)Print and Graphics Supply and Service, including typesetting, lithography, graphics and art services, etc. (d) Big Box and Medium Box Warehouse retail, restaurant supply retail, and warehouse scale buying club retail. (e) Warehousing is permitted as an accessory to retail or light industrial use. The total area of a building to be used for warehousing may not exceed 30%of the total floor area. (2) Drive-in/Drive-up Fast Food Restaurants and espresso stands. (3) Gas stations and auto repair shops. (Gas station may be exempt from 2.2.3. Minimum Building Height Regulations and 2.2.12. Frontage Coverage Regulations.) (4) Convenience Stores (5)Veterinary clinics and"doggy day care" facilities. Ordinance Amending SVMC 19.110.020 Page 2 of 3 (6) Pawn shops, check cashing stores and casinos. (7)Funeral homes. ii) Conditional Uses (1)Vehicle sales Section Three: Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section,clause or phrase of this Ordinance. Section Four: Effective Date. This ordinance shall be in full force and effect five (5) days after the publication of the Ordinance, or a summary thereof, occurs in the official newspaper of the City as provided by law. Passed by the City Council this 14th day of September, 2010. Mayor,Thomas E`. Towey tte ity Clerk,Christine Bainbridge Approved as to Form: ?7D,e;idA0 Office of e City Attorney Date of Publication: September 24, 2010 Effective Date: September 29, 2010 Ordinance Amending SVMC 19.110.020 Page 3 of 3