HomeMy WebLinkAboutOrdinance 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