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Ordinance 10-015 Amending SVMC Title 19 CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 10-015 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON AMENDING SPOKANE VALLEY MUNICIPAL CODE (SVMC) TITLE 19, ADDING LANGUAGE THAT GIVES THE COMMUNITY DEVELOPMENT DIRECTOR AUTHORITY TO GRANT ADMINISTRATIVE EXCEPTIONS FOR MINOR DESIGN CHANGES TO THE SPRAGUE AND APPLEWAY CORRIDORS SUBAREA PLAN, ALLOWING FULL SERVICE RESTAURANTS AS A PERMITTED USE IN THE MIXED USE AVENUE RETAIL ZONE, ALLOWING RESTRICTED ACCESS TO "OTHER STREETS" IN THE MIXED USE AVENUE ZONE; AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS, on the 25t day of September, 2007, the City of Spokane Valley adopted the Uniform Development Code(UDC)pursuant to Ordinance 07-015; and WHEREAS,the UDC became effective on the 28th day of October,2007; and 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, the Spokane Valley Planning Commission held a public hearing on these proposed amendments 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 amendments are 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 Ordinance Amending SVMC 19.140 Page 1 of 7 (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 amendments are consistent with this provision. 2. Goal EDG-7: Maintain a regulatory environment that offers flexibility, consistency, predictability, and clear direction. The Planning Commission finds that the code amendments are 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: Chapter 19.140 SVMC shall be amended as follows: Chapter 19.140 ADMINISTRATIVE EXCEPTIONS Sections: 19.140.010 Purpose. 19.140.020 Approval criteria. 19.140.030 Process. 19.140.010 Purpose. An administrative exception may be considered only for adjustments necessary to correct errors resulting from the inadvertent and unintentional placement of structures or incorrect identification of lot boundaries in the following circumstances: A.Any dimensional requirement which does not exceed one foot. B.Under the following conditions: 1. A parcel established prior to March 31, 2003, that does not meet the buildable square footage for a parcel in a particular zoning district;or 2.A legally nonconforming dwelling with respect to setbacks, height and size which otherwise not be expanded or reconstructed; or 3.A duplex constructed prior to March 31, 2003, that does not meet the minimum parcel size, which could not otherwise be reconstructed. C. Yard setback requirements where the deviation is for 10 percent or less of the required yard. D.Building height requirements where the deviation is for 25 percent or less of the maximum building Additional building height may be granted to the equivalent height of adjacent buildings in areas where the maximum building height is generally exceeded. E. Minimum lot area requirements where the deviation is for 25 percent or less of the required lot area. F. Maximum building coverage requirements where the deviation is for 25 percent or less of the maximum building coverage. G.Lot width under the following circumstances: 1.Lot width requirements where the deviation is for 10 percent or less than the required lot, width. Ordinance Amending SVMC 19.140 Page 2 of 7 2.Lot width requirements where the deviation is greater than 10 percent; provided, that the department may require notice to affected agencies resulting in conditions of approval. H.Up to one-half of a private tower's "impact area" off of the applicant's property. I. Flanking street yard setbacks;provided,that: 1.At the time the subject parcel was legally created the property was zoned under a zoning classification of the pre-January 1, 1991, Spokane County zoning ordinance, and subsequently on January 1991, a new zoning classification from the zoning code of Spokane County, Washington, was assigned to the subject property; and 2.Any flanking yard setback deviation granted under this section shall not exceed the required flanking street setback standards of the pre-January 1, 1991,zoning classification of the subject property. J.Any improved property rendered nonconforming through voluntary dedication of right-of-way, the exercise of eminent domain proceedings or purchase of right-of-way by the City, county, state or federal agency. (Ord. 07-015 § 4,2007). K. The Community Development Director may approve administrative exceptions for minor design to the Sprague and Appleway Corridors Subarea Plan 19.140.020 Approval criteria. Criteria for approval or denial of applications shall be established by the director if it is shown that: A. The administrative exception does not detract from the character and nature of the vicinity in which it is proposed; B. The administrative exception enhances or protects the character of the neighborhood or vicinity by protecting natural features,historic sites, open space, or other resources; C. The administrative exception does not interfere with or negatively impact the operations of existing land uses and all legally permitted uses within the zoning district it occupies; D. Granting the administrative exception does not constitute a threat to the public health, safety and. welfare within the City. (Ord. 07-015 § 4, 2007). 19.140.030 Process. An administrative exception is classified as a Type I permit and shall be processed pursuant to SVMC1 17.80.070. (Ord. 07-015 § 4,2007). Section Three: 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. Ordinance Amending SVMC 19.140 Page 3 of 7 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. (6)Pawn shops, check cashing stores and casinos. (7)Funeral homes. (8)Full Service Restaurants ii)Prohibited Uses: (2)Used vehicle sales. Legend: --- :Not Permitted U: Upper Floors G: Ground Floor *: Full Service Only Only Restaurants only Permitted: These elements are allowed by right unless Required: These are Required elements of otherwise specified in Section 2.2.2.Building Use all new development as indicated. Limited: These frontages may only be applied to access lobbies for upper floor uses that are different from the ground floor use (A): For Anchor Stores: (Al): larger than 25,000 sq. ft., 1 floor/20 ft. is permitted, (A2): larger than 50,000 sq. ft., regulation does not apply, (A3): larger than 50,000 sq.ft.,parking type is permitted 2.1.3 Mixed Use Avenue District Zone 2.2. Site 2.3. Street and Development Open Space Spragu Other Standards Standards e Ave. Streets Street/Street Other 23.1.Street Cate.o Sprague Ave. Streets Standards 2.2.1.Building require require Orientation to 1) Street Provision d d Ordinance Amending SVMC 19.140 Page 4 of 7 Streets and Public Open Spaces required or not 2)Pre-Located require require required required required Street d d 3)Maximum Block 2.2.2.Building Use Size 5 acres 5 acres 1)Retail 4) Street require require Configuration d d a) City Center --- --- 5) Street Type Retail b)Neighborhood --- --- a) Core Street N/A --- Center Retail c)Mixed-Use permitted restricted* b) City Street N/A --- Avenue Retail d) Corner Store ___ ___ c)Neighborhood N/A permitt Retail Street ed e) Gateway Commercial Avenue --- ___ d)Neighborhood N/A permitt Retail Green Street ed f) Gateway Commercial Center --- --- e) Service Street N/A --- Retail 2) Civic,Quasi-Civic, permitted permitted f)Alley N/A --- & Cultural 3) Office permitted permitted g)Passage N/A --- 4) Light 2.3.2.Open Space permitted permitted Standards 5)Lodging permitted permitted see section 2.3.3 (w/common entry) 6)Live-Work permitted permitted 7)Residential 2.4.Parking Spragu Other Standards e Ave. Streets a)Multi-Family w/ permitted permitted 2.4.1.Parking Types Common Entry b)Attached Single-Family w/ --- permitted 1) Surface Parking Individual Entry c)Detached Single-Family --- --- a)Front lot --- permitt Housing ed 2.2.3.Building Height b) Side lot permitt permitt ed ed minimum height 1 floor/20 ft 1 floor/20 ft c)Rear lot permitt permitt ed ed maximum height 4 floors/53 ft 4 floors/53 ft 2)Parking Structure 2.2.4.Relation to permitt permitt Single Family Homes a)Exposed ed ed required or not _ required I required b)Wrapped- permitt permitt Ordinance Amending SVMC 19.140 Page 5 of 7 applicable I Ground Level ed ed 2.2.5.Public Frontage c)Wrapped-All permitt permitt Improvements Levels ed ed required or not required not required d)Partially permitt permitt required Submerged Podium ed ed 2.2.6.Private ;, e)Underground permitt permitt Frontage Parking ed ed 1) Shopfront permitted permitted 2.4.2.Parking Standards 2) Corner Entry permitted permitted see section 2.4.2 3)Arcade permitted --- 4) Grand Portico permitted permitted 2.5.Architectural Spragu Other Standards e Ave. Streets 5)Forecourt permitted permitted 2.5.2.Hei.ht Massin. &'Com.osition 6) Grand Entry permitted permitted Top require require d d 7) Common Lobby require require Ent limited limited Base d d ry 8) Stoop permitted permitted 2.5.3.Len1 h Massin! &Com`•osition 9)Porch --- -__ Streetwall 150ft 80ft Increment 10)Front Door --- --- Sidewall& N/A N/A Rearwall Increment 11)Parking permitted permitted Structure Entry 12)Vehicle Display: ___ ___ 2.6. Signage Spragu Other Option 1 Standards e Ave. Streets 13)Vehicle Display: --- --- 2.6.2.Signage Types Option 2 14)Edge Treatment: --- permitted see section 2.6 Fenced 13)Edge Treatment: ___ permitted Terraced 14)Edge Treatment: _ permitted permitted Flush 2.2.7.Front Street Setback minimum/ 20 ft/25 ft 10 ft/20 ft maximum 2.2.8.Side Street Setback minimum/ 5 f/ 15 ft 10 ft/20 ft maximum 2.2.9.Side Yard Setback minimum w/living 10 ft 10 ft space windows minimum w/out 5 ft 5 ft Ordinance Amending SVMC 19.140 Page 6 of 7 living space windows 2.2.10.Rear Yard Setback minimum setback 10 ft I 10 ft 2.211.AIley Setback minimum setback 5 ft I 5 ft 2.2.12.Frontage Coverage minimum percentage 60% no min. covered 2.2.13.Build-to- Corner required or not required required required 2.2.14.Maximum Building Length maximum building 240 ft 150 ft length Section Four: 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 Five: 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 10th day of August,2010. ayor,Thomas E.Towey A , : -- F) City Clerk, Christine Bainbridge / Approved as to Form: Office •t the City A orney Date of Publication: 8-20-10 Effective Date: 8-25-10 Ordinance Amending SVMC 19.140 Page 7 of 7