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2011, 01-04 Study Session AMENDED AGENDA SPOKANE VALLEY CITY COUNCIL STUDY SESSION FORMAT Tuesday,January 4,2011 6:00 p.m. CITY HALL COUNCIL CHAMBERS 11707 East Sprague Avenue,First Floor (Please Silence Your Cell Phones During the Meeting) DISCUSSION LEADER SUBJECT/ACTIVITY GOAL Proclamation:In Honor ofRichardMunson 1. Ken Thompson Petty Cash Resolution Discussion/Information 2. Mike Stone Senske Contract Update Discussion/Information 3. Karen Kendall Emergency Comprehensive Plan Map Discussion/Information Amendment(City Center Plan and Zoning Designation) 4. Mayor Towey Advance Agenda Discussion/Information 5. Mayor Towey Council Check-in Discussion/Information 6. Mike Jackson City Manager Comments Discussion/Information Information Only (will not be reported or discussed): Request for Letter of Support for Appleway Court Senior Housing Project ADJOURN Note: Unless otherwise noted above, there will be no public comments at Council Study Sessions. However, Council always reserves the right to request information from the public and staff as appropriate. During meetings held by the City of Spokane Valley Council,the Council reserves the right to take"action"on any item listed or subsequently added to the agenda. The term"action" means to deliberate,discuss,review,consider,evaluate,or make a collective positive or negative decision. NOTICE: Individuals planning to attend the meeting who require special assistance to accommodate physical, hearing, or other impairments,please contact the City Clerk at(509)921-1000 as soon as possible so that arrangements may be made. Study Session Agenda,January 4,2011 AGENDA SPOKANE VALLEY CITY COUNCIL STUDY SESSION FORMAT Tuesday,January 4,2011 6:00 p.m. CITY HALL COUNCIL CHAMBERS 11707 East Sprague Avenue,First Floor (Please Silence Your Cell Phones During the Meeting) DISCUSSION LEADER SUBJECT/ACTIVITY GOAL 1. Ken Thompson Petty Cash Resolution Discussion/Information 2. Mike Stone Senske Contract Update Discussion/Information 3. Karen Kendall Emergency Comprehensive Plan Map Discussion/Information Amendment(City Center Plan and Zoning Designation) 4. Mayor Towey Advance Agenda Discussion/Information 5. Mayor Towey Council Check-in Discussion/Information 6. Mike Jackson City Manager Comments Discussion/Information ADJOURN Note: Unless otherwise noted above, there will be no public comments at Council Study Sessions. However, Council always reserves the right to request information from the public and staff as appropriate. During meetings held by the City of Spokane Valley Council,the Council reserves the right to take"action"on any item listed or subsequently added to the agenda. The term"action" means to deliberate,discuss,review,consider,evaluate,or make a collective positive or negative decision. NOTICE: Individuals planning to attend the meeting who require special assistance to accommodate physical, hearing, or other impairments,please contact the City Clerk at(509)921-1000 as soon as possible so that arrangements may be made. Study Session Agenda,January 4,2011 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 4, 2011 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation AGENDA ITEM TITLE: Proposed change to Petty Cash and Change Accounts GOVERNING LEGISLATION: State Budget, Accounting & Reporting System regulations PREVIOUS COUNCIL ACTION: In December of 2008 council established petty cash and change accounts. BACKGROUND: The State Auditor's Office (SAO) recommends the City adopt petty cash and change accounts by resolution. Resolution 08-024, passed in December of 2008, established five accounts: 1. Operations $100 2. Building cash one $400 3. Building cash two $200 4. Parks & Rec. $ 50 It has been determined that the operations petty cash fund of$100 is insufficient. This resolution would increase the operations cash fund to $200. OPTIONS: 1) Adopt updated petty cash and change fund practices by resolution. 2) Continue to use the current petty cash and change fund practices established by resolution 08-024. RECOMMENDED ACTION OR MOTION: No action is needed at this time. This item will return to your agenda on January 11, for council action. BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: Ken Thompson, Finance Director CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON RESOLUTION NO.08-024 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ESTABLISHING PETTY CASH, CHANGE, AND WORKING FUNDS FOR SPECIFIC PURPOSES, AND CLOSING OPERATING CHECKING ACCOUNTS NO LONGER NEEDED. WHEREAS, Spokane Valley Municipal Code Section 3.30.030 authorizes the development of rules and policies concerning the administration of petty cash funds; and WHEREAS, it is the general policy of the City to set aside small amounts of cash to make change and reimburse employees for city operating costs;and WHEREAS, the City has established small funds for these purposes in the past by motion, resolution,or ordinance; and WHEREAS,the Washington State Auditors Office has suggested the adoption of these funds by City resolution; and WHEREAS,the city no longer needs the recreation revolving program special checking account; and WHEREAS,the city no longer needs the code enforcement special checking account; and WHEREAS, Council desires to close these two small checking accounts and adopt by council resolution these new change and petty cash funds. NOW THEREFORE,be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington,as follows: Section 1. The recreation program and code enforcement special checking accounts shall be closed. Section 2. The following petty cash/change accounts shall be established in the amounts shown below and administered by the position identified. The specific custodians for these accounts shall be appointed by the finance director. Responsible Position Amount Operations/Administration Receptionist $100 Building cash one -Permit Specialist $200 Building cash two - Permit Specialist $200 Building cash three- Office Assistant $200 Parks&Rec. Administrative Assistant $ 50 Resolution 08-024 Petty Cash Page 1 of 2 The following are minimum requirements for establishment and operation of these accounts: 1. Each petty cash account shall be established by the governing body by resolution. 2. The custodian of each petty cash account who should be independent of invoice processing, check signing,general accounting and cash receipts functions. When it is not practical to hire additional personnel or to reallocate these duties among existing personnel, a mechanism of review that accomplishes the objectives of the segregation of duties shall be established. For example, periodic monitoring of cash receipts and/or independent performance of the bank reconciliation add controls when complete segregation of duties is not possible. 3. The amount in petty cash shall be periodically counted and reconciled by someone other than the custodian. 4. The custodian should assure the petty cash is kept in a locked location. 5. The authorized amount of all such petty cash shall be included in the local government's balance sheet. 6. If petty cash is disbursed, it must be replenished at least monthly. The replenishment should be subject to the same review and approval as processed invoices. The replenishment must be by voucher with the appropriate receipts attached. The receipts should show the date, recipient, purpose and amount of each cash disbursement. These receipts must be signed by the person receiving the money, stamps, etc. At the time of replenishment, the custodian should ensure that the balance remaining in petty cash, together with the amount of the replenishment voucher, equals the authorized imprested amount. 7. The impress amount of petty cash should not exceed one month's salary or the surety bond covering the custodian. 8. The fund may not be used for personal cash advances even if secured by check or other 1.O.U.'s. 9. Petty cash should always be replenished at the end of the fiscal year so that expenses will be reflected in the proper accounting period. 10. Whenever an individual's appointment as custodian is terminated the fund must be replenished and the imprested amount turned over to the treasurer or other disbursing officer. Section 3. Repeal. To the extent that previous council motions, resolutions and ordinances are inconsistent with those set forth herein,they are repealed. Section 4.Effective Date. This Resolution shall be in full force and effect upon adoption. Adopted this 30th day of December,2008. ATTES . CITY OF . '• ' ANE VALLEY Christine Bainbridge,City Clerk ichard M. •n,Mayor Approved as to form: Office of the City Attorney Resolution 08-024 Petty Cash Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 4, 2011 City Manager Sign-off: Item: Check all that apply: n consent n old business n new business n public hearing n information ® admin. report n pending legislation AGENDA ITEM TITLE: 2011 Senske Park Maintenance Contract GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Approved 2010 Park Maintenance contract with Senske Lawn and Tree Care Inc. BACKGROUND: For the past few months, Parks and Recreation staff has been working with Senske Lawn and Tree Care on the 2011 park maintenance contract. In 2009, park maintenance services were publically bid to award a new contract for 2010. Senske Lawn and Tree Care was the low bidder on the new 2010 contract and they are completing their first year under the new contract. The new contract, approved by the City Council, was for one year with six one-year renewals based upon satisfactory performance. The contract price for 2010 was over $85,000 less than the 2009 contract price. The competitive process, current economic conditions and the potential for a long term contract positively impacted the bids received by the City. In 2010 the amount the City paid Senske Lawn and Tree Care for the park maintenance contract was $560,532.25, plus $36,757.77 for adding Discovery Playground to the contract in May 2010, making a total of $597,290.02. The existing agreement allows for additional facilities to be added by mutual consent. As part of the 2011 budget reductions, snow removal in park parking lots has been eliminated at Mirabeau, Balfour, Browns, Edgecliff, Park Road Pool and Terrace View parks. Snow removal on sidewalks at parks remains in the contract. This results in a $5,000 reduction for 2011. Additionally, Discovery Playground will be opening normally in April rather than May so that will add an additional $6,404.83 to the 2011 contract. Therefore after negotiations with Senske,the 2011 park maintenance contract that staff will be bringing forward to the City Council is $606,477.88. This represents a 1.3%increase from 2010. 2010 $560,532.25 + $ 36,757.77 Discovery Playground Sub Total $597,290.02 2011 $597,290.02 - $ 5,000.00 eliminates snow removal in parking lots at some parks + $ 6,404.83 Discovery Playground opening in April instead of May Sub Total $598,694.85 negotiated 1.3%increase Total $606,477.88 OPTIONS: Advance contract to January 11, 2011 council meeting for council consideration OR provide additional direction to staff. RECOMMENDED ACTION OR MOTION: Consensus to place the 2011 Senske Park Maintenance contract on the January 11, 2011 council agenda for approval consideration. BUDGET/FINANCIAL IMPACTS: The 2011 Park Maintenance contract is funded within the 2011 Park and Recreation Department. STAFF CONTACT: Mike Stone, Parks and Recreation Director ATTACHMENTS: Draft Contract Amendment AGREEMENT FOR PARK MAINTENANCE SERVICES Senske Lawn&Tree Care THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and Senske Lawn & Tree Care hereinafter "Contractor,"jointly referred to as"parties." IN CONSIDERATION of the terms and conditions contained herein the parties agree as follows, 1. Work to Be Performed. The Contractor shall do all work and furnish all labor, tools, materials, supplies and equipment for the park maintenance (hereinafter"work") in accordance With, and as described in Exhibit 1 Bid Package which includes the (Scope of Work, Instruction to Bidders, Bid Response Documents and Specifications), which are by this reference incorporated herein and made part hereof("Contract Documents"), and shall perform any changes in the work in accord with the Contract Documents, The CONTRACTOR shall, for the amount set forth in the Contractor's bid proposal attached hereto, assume and be responsible for the cost and expense of all work required for constructing and completing the work and related activities provided for in the Contract Plans and Contract Documents, except those items mentioned therein to be furnished by the City of Spokane Valley. The City Manager, or designee, shall administer and be the primary contact for Contractor. Prior to commencement of work, Contractor shall exercise best efforts to contact the City Manager or designee to review the scope of work, schedule, and time of completion. Upon notice from the City, Contractor shall promptly commence work, complete the same in a timely manner, and cure any failure in performance under this agreement, Unless otherwise directed by the City, all work shall be performed in conformance with the Contract Plans, Contract Documents, City and State standards. Contractor acknowledges review of the Contract Plans and Contract Documents and accepts the same. Contractor shall exercise best efforts, including the selection of the highest quality materials, so that all work performed shall be in compliance with current related industry standards. 2. Terns of Contract. This agreement shall be in full force and in effect beginning January I, 2010, and shall remain in effect for one year, with six (6) one-year renewal options which may be exercised by the Parks and Recreation Director until completion of all contractual requirements. Renewals, if any,shall coincide with the calendar year. Either party may terminate this agreement with a minimum of ninety (90) days' written notice at any time during a contract term. In the event of such termination, the City shall pay the Contractor for all work previously authorized and satisfactorily performed prior to the termination date. 3. Conmensatiora. The City agrees to pay the Contractor$560,532.25 inclusive of sales tax at then current rate,as full compensation for everything done or provided under this agreement, 4. Payment, The Contractor shall be paid monthly in an amount that represents one-twelfth (l/12`h)of the yearly contract amount. Payments are to be sent to the City no later than the 5'h day of each month. Agreement for Construction Services Page 1 of 6 °J)61' 'Z2L 4. Payment. The Contractor shall be paid monthly in an amount that represents one-twelfth (1/12`h)of the yearly contract amount. Payments are to be seat to the City no later than the 5'h day of each month. The City reserves the right to withhold payment under this agreement for that portion of the work or materials which are determined in the reasonable judgment of the Parks and Recreation Director or designee to be noncompliant with the Contract Plans, Contract Documents, or City or State standards or ordinances. In such an event, the undisputed amount owed by the City shall be timely paid. Any dispute over withheld payment shall be resolved in a timely manner. 5. Notice. Notice shall be given in writing as follows: TO THE CITY: TO THE CONTRACTOR: Name: Christine Bainbridge, City Clerk Name: Senske Lawn &Tree Care Phone Number:(509)921-1000 Phone Number: 509-532-7892 Address: 11707 East Sprague Ave., Suite 106 Mobile: 509-370-1002 Spokane Valley, WA 99206 Address: 7115 E. Cataldo Spokane Valley, WA 99212 6. Applicable Laws and Standards. The parties, in the performance of this agreement, agree to comply with all applicable Federal, State and local laws,and City ordinances and regulations. 7. Prevailing Wanes on Public Works. Unless otherwise required by law, if this contract is for a "public work" which is defined as "work, construction, alteration, repair or improvement other than ordinary maintenance executed at the cost of the City,".the following provision applies: This agreement provides for the construction of a public work and a payment of prevailing wages according to Washington law. All workers, laborers or mechanics shall be paid a prevailing rate of wage that is set forth in an Exhibit to this agreement. Before any payment may be made to Contractor a"Statement of Intent to Pay Prevailing Wages" must be submitted to the.City. Following final acceptance of the public works project, the Contractor and each subcontractor shall submit an "Affidavit of Wages Paid" before retained funds will be released to the Contractor. The affidavit must be certified by the industrial statistician of the Department of Labor and Industries. 8. Relationship of the Parties. It is hereby understood, agreed and declared that the Contractor shall be an independent Contractor and not the agent or employee of the City, that the City is interested in only the results to be achieved, and that the right to control the particular manner, method and means of the work is solely within the discretion of the Contractor. Any and all employees who provide services to the City under this agreement shall be deemed employees of the Contractor. The Contractor shall be solely responsible for the conduct and actions of all its employees under this agreement and any liability that may attach thereto. 9. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared by the Contractor under this agreement are and shall be the property of the City, and may be subject to disclosure pursuant to RCW 42.56 or other applicable public record laws. 10. Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of the Contractor's records with respect to all Agreement for Construction Services Page 2 of 6 Matters covered in this contract. Such representatives shall be permitted to audit, examine and make •excerpts Or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls and record of matters covered by this contract for a period of three years from the date final payment is Made hereunder l l, Warranty. Unless provided otherwise in the Contract Plans or Contract Documents, Contractor warrants all work and materials performed or installed under this contract are free from defect or failure for a period of one (1) year following final acceptance by the City, unless a supplier or manufacturer has a warranty for a greater period, which warranty shall be assigned to the City.. In the event a defect or failure occurs in work or materials, the Contractor shall within the warranty period remedy the same at no cost or expense to the city. 12. Contractor to Be Licensed and Bonded. The Contractor shall be duly licensed and bonded by the State of Washington at all times this agreement is in effect. 13. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives,employees or subcontractors. No Limitation, Contractor's Maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) from CA 00 01 or a substitute form providing equivalent liability coverage. If necessary,the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers'Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: Agreement for Construction Services Page 3 of 6 I. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $3,00(1,000 general aggregate and a$2,000,000 products-completed operations aggregate limit. C, Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. Cancellation of Consultant's insurance shall be governed by either: a. the policy shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty days' prior written notice by certified mail, return receipt requested,has been given to the city,or b. the Consultant shall provide at least 30 clays' prior written notice by certified mail, return receipt requested of a cancellation. D, Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this contract, the Contractor shall furnish acceptable insurance certificates to the City at the time the Contractor returns the signed contract. The certificate shall specify all of the parties who are additional insureds, and will include applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to the City. The Contractor shall be financially responsible for all pertinent deductibles, self- insured retentions, and/or self-insurance. 14. Criminal Background Cheeks. Contractor agrees that it shall not ask or direct any person to go to any City park property in the performance of this Agreement,whether the person is an employee or volunteer, unless that person has passed a criminal background check by an agreed upon entity that performs criminal background checks as a part of its regular services. 15, Bonding Requirements. Contractor shall provide for the following items prior to the initiation of the contract: a. Performance and Payment Bond shall be 100%of annual contract amount. 16. Indemnification and Hold Harmless. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this agreement,except for injuries and damages caused by the sole negligence of the City. Agreement for Constriction Services Page 4 of 6 Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers,the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of the agreement, 17. Waiver, No officer, employee,agent, or other individual acting on behalf of either party, has the power, right,or authority to waive any of the conditions or provisions of this agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this agreement, or by law, shall be taken and construed as cumulative, and in addition to every other remedy provided herein or by law. Failure of either party to enforce, at any time, any of the provisions of this agreement, or to require, at any time, performance by the other party of any provision hereof, shall in no way be construed to be a waiver of such provisions, nor shall it affect the validity of this agreement,or any part thereof. 18. Assignment and Delegation. Neither party shall assign, transfer, or delegate any or all of the responsibilities of this agreement, or the benefits received hereunder, without first obtaining the written consent of the other party. 19. Jurisdiction and Venue. This agreement is entered into in Spokane County, Washington. Venue shall be in Spokane County, State of Washington. 20. Arbitration. All disputes arising under this agreement shall be resolved through arbitration pursuant to State law. Rules for arbitration shall be those prescribed by the American Association of Arbitration, 21. Entire Agreement. This written agreement constitutes the entire and complete agreement between the parties,and supersedes any prior oral or written agreements. This agreement may not be changed, modified,or altered,except in writing and signed by the parties hereto. 22. Anti-kickback. No officer or employee of the City, having the power or duty to perform an official act or action related to this agreement, shall have, or acquire, any interest in this agreement,or have solicited, accepted,or granted, a present or future gift, favor, service, or other thing of value from any person with an interest in this agreement. 23. Business Registration. Prior to commencement of work, Contractor shall register with the City as a business. 24. Severability. If any section, sentence, clause or phrase of this agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence,clause or phrase of this agreement. 25. Exhibits. Exhibits attached and incorporated into this agreement are: 1. Bid Package 2. Insurance Certificates Agreement for Construction Services Page 5 of 6 . IN WITNESS WHEREOF,the parties have executed this agreement this v day of Lie,eGfis er ,2009. CITY OF SPOKANE VALLEY: CO ACTOR: �L�,.tiru '/ Al ity Manager i Owner 9/ Tax I.D.No 7/ �1�6 ATTE: APPROVED AS TO FORM: r -7—. L A. :,,. ?,,/ , C,,._„n P,1 ity Clerk Office of the City Attorney Agreement for Construction Services Page 6 of 6 2nd AMENDMENT TO PARK MAINTENANCE CONTRACT Increasing funding for additional services Senske Lawn and Tree Care, Inc. 7115 E. Cataldo Spokane Valley, Washington 99212 THIS AMENDMENT No. 2 is made to the Park Maintenance Contract dated December 28, 2009 by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and Senske Lawn and Tree Care, Inc., hereinafter "Contractor" and jointly referred to as "Parties." Pursuant to Sections 3 and 21 of the Agreement, the Parties hereby agree to amend the Agreement as set forth in the Bid Package. Changes include: Snow removal in Mirabeau, Balfour, Browns, Edgecliff Park Road Pool and Terrace View parks will be discontinued; and add one additional month of maintenance at Discovery Playground. These changes are subject to all of the conditions set forth in the original Agreement. The City agrees to pay Contractor a total of$606,477.88 for the 2011 Park Maintenance contract as outlined below. Original contract amount $560,532.25 Amendment No 1 $36,757.77 Amendment No 2 $9,187.86 Amended Contract Amount $606,477.88 The remainder of the Agreement will remain unchanged by this Amendment. IN WITNESS WHEREOF, the Parties have executed this Agreement this day of January, 2011. CITY OF SPOKANE VALLEY: SENSKE LAWN & TREE CARE INC. Mike Jackson, City Manager Doug Warner, Branch Manager Tax ID No.: 91-0910097 ATTEST: APPROVED AS TO FORM: Christine Bainbridge, City Clerk Office of the City Attorney CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 4, 2011 City Manager Sign-off: Item: Check all that apply:n consent n old business n new business n public hearing n information Fl admin. report n pending legislation AGENDA ITEM TITLE: Administrative report regarding the proposed emergency comprehensive plan amendment to change the City Center (CCT) comprehensive plan and zoning designation to Mixed Use Avenue (MUA), and remove all language referencing City Center in the Sprague Appleway Corridors Subarea Plan (Subarea Plan). GOVERNING LEGISLATION: RCW 36.70A.130 (1)(d), (2)(a) and (b); Section 17.80.140 Type IV applications - Comprehensive Plan amendments and area-wide rezones and Section 19.30.010 Comprehensive Plan text and map amendments of the Spokane Valley Municipal Code (SVMC). PREVIOUS COUNCIL ACTION TAKEN: Matter was referred to Planning Commission on October 26, 2010. See October 26, 2010 Council packet for additional information. BACKGROUND: The City Council passed a motion on October 26, 2010 and sent to the Planning Commission an emergency comprehensive plan and zoning map amendment proposal. The amendment is proposed to change the City Center (CCT) comprehensive plan and zoning designation to Mixed Use Avenue (MUA) and remove all language referencing City Center in the Sprague Appleway Corridors Subarea Plan (Subarea Plan) from Book 1: Community Intent, adopted as part of the Spokane Valley Comprehensive Plan; and Book 2: Development Regulations and Book 3: City Actions, adopted by reference in the Spokane Valley Municipal Code (SVMC). The City Council discussed the following basis for the emergency amendment as follows; 1. In the last 12 months, since the adoption of the Subarea Plan, the City's revenue forecast has continued to deteriorate. Specifically, sales taxes are projected to decrease by $400,000 from 2010 to 2011, and property taxes by $100,000 from 2010 to 2011. Funds available from the real estate excise tax have decreased from a high of approximately $2.2 million in 2007 and 2008 to approximately $900,000 for 2010 and 2011. 2. Funds for significant private development are not available and significant failures of large commercial investments within the City have occurred. 3. The economic development anticipated by the Council when the Ordinance adopting the Subarea Plan was passed in June of 2009 has not occurred. 4. The restrictions on development within the City Center zone, as well as the design requirements, contemplate significant public investment involving both the purchase of property and construction of a City Hall as well as adjacent infrastructure improvements. The projected 2011 budget does not contemplate the purchase of any property within the City Center zone and funds available for the construction of City Hall are projected to be reduced by $2.2 million to fund other capital projects. 5. Because there is little likelihood that any significant investment will occur by the City, the City Center zone, as currently configured and restricted, creates significant immediate economic hardships for the property owners within that zone. Based upon these facts, an RCA—Administrative Report January 4,2011 emergency exists and an immediate change to the Comprehensive Plan pursuant to the RCW 36.70A.130 (2)(b) set forth above may be appropriate. Staff presented the proposed amendment to the Planning Commission at a study session on November 18, 2010. The Planning Commission held a public hearing on the amendment on December 9, 2010. Planning Commission made a motion 5 to 2 to recommend denial of the proposed amendment. The Planning Commission findings are attached. OPTIONS: 1. Accept the Planning Commission recommendation; or 2. Do not accept the recommendation of the Planning Commission and proceed with consideration of the emergency ordinance amending the comprehensive plan and zoning map; or 3. Modify the proposal. If modification is substantial, the council must either conduct a public hearing on the modified proposal; or 4. Refer the proposal back to the planning commission for further consideration. RECOMMENDED ACTION: Council's discretion. BUDGET/FINANCIAL IMPACTS: None. STAFF CONTACT: Karen Kendall —Assistant Planner ATTACHMENTS: (1) Planning Commissions Findings and Recommendations (2) Amended Maps (3) Amended Text (4) Staff report and exhibits to Planning Commission form 12-9-10 public hearing RCA—Administrative Report January 4,2011 Spokane Va11e ,ITYHALL.SPOICANEV Department of Community Development Planning Division City Council Administrative Report January 4, 2011 Emergency Comprehensive Plan Amendment S"pnkan CITY HALL[a�SPOIANE'v Department of Community Development Valle Planning Division Propose&t Amen Walnut Street > Change the City Center (CCT) comprehensive plan and zoning designation to Mixed Use Avenue (MUA); and )Remove all language referencing City Center in the Sprague AppleWpY Corridors Subarea Plan (Subarea Plan) J' 411:1,111 ' • r �l r LSOokane CITY HALL[a�SPOIANEV Department of Community Development Valle Planning Division m • r hn i - P • n Z . nin ■'pI:1121 .-7,.11..41 r.n■ IE__7 11 1 IIY.,i 1 1, 11:I11111L' 11■■11 1 1=■11111; IIII.Y 1, '1L��I 1•11 ilU 11 1 1 AL IN' 11.1 ■I.Ak1 IIIIIn.l.11 ■liPiIIr 1':.1.1111.1 1 111.11 111111111M HUM U MIIIII_ji 111 II ! 1 11111111 111111ki 111111 City Center designation Proposed Map Amendment Mixed Usu Avenue k.: 111111 111.111.1111 EIIII IIII ■J., ■,.k1 AtiAlk 1111': 11•1] ■111 111-.1L1,]Ik Lu I�IL•n41..�i.I irrir■..r I.IIIII:1 II 11111.1 111111: 1111111 1 1111111111E 111111111111 MITI. 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I 1 ■rn 1111i�. r11T■ ii1111F CIE IL_l!J ra ■.111 11111 ■■111 S"pnkan� CITYHALL.POIANEV Department of Community Development Planning Division Pro Text Amendment 4 Book I: Community Intent, adopted as part of th Com • rehensive ' Ian The deletion of Section 1 .2 INTENT, subsection (3) Instigate the construction of the first City Center for the new City of Spokane Valley, The amendment of Fig. 1 . 1 Urban Design concept: Pattern of Centers and Segments, eliminating the City Center Core and neighborhood designation and replacing it with Mixed Use Avenue; The deletion of Section 1 .4, subsection 1 , (a) , (b) and (c), The City Center, The City Center-Core, The City Center-Sprague Avenue and The City Center-Neighborhood as well as fig 1 .2- 1 . 1 1 ; and The amendment of Section 1 .5 Corridor Revitalization Strategy by deleting subsection 1 Place highest priority on the realization of the community's dream of a City Center, (a) Move Swiftly, (b) Public —private partnership, (c) City Center must come first and (d) Flexible entitlements. S"pnkan� CITYHALL.POIANEV Department of Community Development Planning Division Proposed Text Amendment A I Book 11 : Development Regulations, adopted as part of the Munici • al Code Section • 10.120 The deletion of Book Two Section 2.01 ( 1 ) The City Center District Zone; Amend fig.2.0.3 How to use the Development Regulations deleting the section relating to City Center; Amend fig. 2. 1 Deleting The City Center-2. 1 1 District Zone and Replacing it with the Mixed Use Avenue-2. 1 .3 Designation; Delete Section 2. 1 . 1 City Center District Zone, including all subparts and regulations; Delete reference to "City Center Core Street" and "City Center Street B" from Section 2.2. 1 (2) "Front Street" and "Side Street" Classifications; Amend Section 2.2 Building Use by deleting section 2.2.2 ( 1 ) A, City Center Retail; S"pnkan� CITYHALL.SPOIANEV Department of Community Development 1e Planning Division Proposed Text Amendment Book II: continued. . . Amend Section 2.2.5 Public Frontage Improvements by deleting section 2.2.5 (2) (a) City Center District Zone and fig. 2.2.5 (2) (a) (ii) City Center North Properties and fig.2.2.5 (2) (a) (ii) City Center South Properties; Amend Section 2.3. 1 .5 (6) Street types by deleting (a) Core Street; Amend Section 2.4.2 Parking Standards by removing reference to City Center in chart 2.4.2 Parking Provisions along with the adjacent requirements; Amend Section 2.6. 1 General Signage Regulations, Subsection (2) by removing references to City Center District Zone from (2) (9) and(2) ( 16); and Amend fig.2.6 Signage Regulations chart by deleting Section 2. 1 . 1 City Center. S"pnkan� CITYHALL[a�SPOIANE'v Department of Community Development Planning Division 5 & se Text Amendment Book 111 City Actions, adopted as part of the Munici • al Code Delete the words, "and the development of the new City Center" from the p reamble; DeletE Section 3. 1 The City Center, Section 3. 1 . 1 City Center Facilities; Eliminate Section 3.3 Streetscape Improvements, Subsection( 1 ) Sprague Avenue-City Center; and DeletE the following defined words: Core Street. S``inkannee CITYHALLpSPOICANE'v Department of Community Development Planning Division — Comparisons o rmitteci uses —ampi • Specialty Food and Goods Retail • Full Service Restaurants • Recreation (theaters, bowling, roller skating) Mixed U en MUA ➢ Big and Medium Box Retail Drive-thru Restaurants/Espresso Stands Gas Stations and Convenience Stores ➢ Vehicle Sales ➢ Light Industrial/Warehousing Office Multi-Family Residential Civic/Quasi Civic/Cultural S"pnkan CITY HALL[a�SPOIANE'v Department of Community Development Valle Planning Division Comparisons of Development Standards Height Setbacks City Center (CCT) 6 stories/75 feet 0 feet/10 feet Mix - - U Avenue (MUA) 4 stories/53 feet 20 feet/25feet Parking Lot Side and Rear of Side and Rear along Sprague Locations Property Avenue and All sides on Other Streets GTYHALLpSPOICANEV S"pnkane Department of Community Development rev Planning Division 1,14114,0,1,14,0 ovvt,vvtisstovxls- Findings & Recommendation Fv\ gs: ❑ City needs a City Center; ❑ Should not remove City Center from Subarea Plan without another plan in place; and Not enough time for City Center and Subarea Plan to work. Planning Commission's Recommendation- IvL4L FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING COMMISSION December 9,2010 Background: The Sprague Appleway Corridors Subarea Plan(Subarea Plan)was adopted in June 2009 and became effective on October 15, 2009. City Council passed a motion on October 26, 2010 to initiate an emergency comprehensive plan amendment as follows: 1. Change the City Center (CCT) comprehensive plan and zoning designation to Mixed Use Avenue (MUA); and 2. Remove all language referencing City Center in the Sprague Appleway Corridors Subarea Plan(Subarea Plan); a. Book 1: Community Intent, adopted as part of the Spokane Valley Comprehensive Plan; and b. Book 2: Development Regulations; and c. Book 3: City Actions, adopted by reference in the Spokane Valley Municipal Code (SVMC). Ii The Planning Commission held a public hearing on December 9, 2010. After hearing public testimony and deliberations,the Planning Commission recommends denial of the proposed amendment to the Sprague Appleway Corridors Subarea Plan(Subarea Plan). The Planning Commission findings, conclusions and recommendation are summarized below: Findings: 1. SVMC 17.80.140(H) states that the City may approve Comprehensive Plan amendments,based on the following findings and factors. The Planning Commission's findings are italicized. Findings a. The proposed amendment bears a substantial relationship to the public health, safety,welfare, and protection of the environment; The Planning Commission finds the proposed amendment was processed too quickly and without sufficient public input. There wasn't sufficient statistical information and/or survey of the community to gauge citizen support for the City Center to be removed from the SARP. The Commission believes the City Center district zone provides guidance and stability for future economic development; and that a City Center is necessary for the long term viability of Spokane Valley; and it is not in the public interest to move forward without a plan to implement one. b. The proposed amendment is consistent with the requirements of RCW 36.70A and with the portion of the City's adopted plan not affected by the amendment; The City's Comprehensive Plan includes goals and policies that support the creation of a City Center. The proposal removes all SARP language concerning the City Center but leaves in place language in the Comprehensive Plan that generally supports creating a City Center. Findings and Recommendations of the Spokane Valley Planning Commission Page 1 of 3 II c. The proposed amendment responds to a substantial change in conditions beyond the property owner's control applicable to the area within which the subject property lies; The Commission believes that a lack of vision and indecisiveness for a City Center is contributing to economic problems and the Subarea Plan and City Center zone has not been given enough time to develop and provide guidance on its function. The plan has been implemented for just over one (1)year during a time of economic difficulty for all development in the region. d. The proposed amendment corrects an obvious mapping error; and The amendment does not correct an obvious mapping error. e. The proposed amendment addresses an identified deficiency in the Comprehensive Plan. The Commission has not identified a deficiency in the Comprehensive Plan. Factors: a. The effect upon the physical environment; Pursuant to Title 21 (Environmental Controls) of the City of Spokane Valley Municipal Code, the lead agency has determined that the proposed amendment does not have a probable significant adverse impact on the environment. b. The effect on open space, streams,rivers, and lakes; The proposed amendment is a non project amendment and will not affect open space, streams, rivers, and lakes. c. The compatibility with and impact on adjacent land uses and surrounding neighborhoods; The City Center designation is compatible with the adjacent land uses and surrounding neighborhoods. d. The adequacy of and impact on community facilities including utilities, roads, public transportation,parks,recreation and schools; There is no appreciable difference between the Mixed Use Avenue and City Center designations in terms of impacts to community facilities. e. The benefit to the neighborhood, city and region; The removal of a City Center zoning designation strikes the ability for the City of Spokane Valley to have an identifiable area with retail shopping, open space, residential and cultural, civic and quasi civic uses. Changing the zoning to Mixed Use Avenue will allow vehicle sales and other auto oriented uses to develop adjacent to established residential neighborhoods. f The quantity and location of land planned for the proposed land use type and density, and the demand for such land; The Mixed Use Avenue zone district allows less density when compared to the City Center zone district. However, residential and commercial projections have been fairly conservative compared to maximum allowed density. g. The current and projected population density in the area; and The projected residential density would not significantly change under the Mixed Use Avenue designation. Findings and Recommendations of the Spokane Valley Planning Commission Page 2 of 3 h. The effect upon other aspects of the Comprehensive Plan. The Commission finds the proposal would eliminate the designated City Center within the City's Comprehensive Plan which is designated to serve as a social, cultural and economic focus for the City of Spokane Valley. Elimination of City Center zone gives the perception there is no City, specifically the absence of the City Center gives no basis or guidance for economic development. Conclusions: The Commission concludes that the proposed amendment is not in the interest of the citizens of Spokane Valley and is inconsistent with the goals and policies of the Spokane Valley Comprehensive Plan. Recommendations: The Spokane Valley Planning Commission therefore recommends to the City Council that the proposed emergency comprehensive plan amendment to change the City Center(CCT) comprehensive plan and zoning designation to Mixed Use Avenue (MUA)be denied. The Planning Commission further recommends that the proposal to remove all language referencing City Center in the Sprague Appleway Corridors Subarea Plan(Subarea Plan) from Book 1: Community Intent, adopted as part of the Spokane Valley Comprehensive Plan; and Book 2: Development Regulations and Book 3: City Actions, adopted by reference in the Spokane Valley Municipal Code(SVMC) also be denied. Findings and Conclusions reviewed and approved on this 20th day of December,2010 Jahn G. Carroll, Chairman A EST De na Griffith,Administ >' Assistant Findings and Recommendations of the Spokane Valley Planning Commission Page 3 of 3 Proposed Emergency Amendment Comprehensive Plan 1.•• �: E .� ■� q Low Density Gethsemane f� �' —— Broadway���� °� B.roadwa� ���• I I I I� �� iii 3 _m q Broadway Broadway y y _Residential Lutheran—'d o 1 111 �N'L.111.orhood • ._ I I I — r� IIG I I. / Broadwa 1 omnle1 i il r IlI�IL I I Elementary— Spm field II. o . Springfield_ I dl C7 _ � „ �pring'iel M; ME � r St John- L� -Alla_� Ally—xl I I'r i-' Ally I Al . Vianney Low DensityT - Residential _�plive fi — MN L- x" it,2, T — T — �- I Low Density- — - — Valle a _ H Uialley :a. Residenti�il Valley,�ay�J :Va14eyway allay� ���. 3'�' Y Y•II ■�� ,i■.e r-- iuii■■■■■1 _ ,: .. Densiy 1ix an 1 �l. _I_�� Nixon 4 -Mednutt p Frro t MN Density 1 I a ,,,,.,.,, _uuu 1 3; Mai Residential- RI '� o nT LUII! U.I �'r __M., ' __ •..;:iiiii ------ - :._6,,,L., l"..Ti li i--.i ii ii+++ i'_ ;: ____ mil MEW./����.■ x Balfour �� - Riverside �� Parka \ "II I if, Riverside ill . iii ' \ \∎ R� . �� _ II 1 F:D.1 ��\\i�� �\ \ 1 i . :,.. 'III Mixed Use•-, Avenue ii Sprague _\_\\4\\\\\\\\\ Sprague \V�\\\V�� Sprague nmil q � \\ \; ' Contract Based Education_ -- .„ \\\\ \�■ \ , .•1,',11111 \\N� \ \ �' Mixed Use ECPA-01-10 \� \ 2nd lAvenue. Community II Ca \ . 4,,,'N'\S'.% \\\\\ mmunity LIL'�C \� ■ ��\\ . ���������������������� Boulevard Boulevard \ \ ►” �A ���\\ \\\ A. 1e.� --''` N \ \N�\��\\\�� 1! .Inm . ■■ �■ `��\���\ 3rd .>>m\ I�\ \% 1� \\�\ \ \� � ' ' - , EHigh Density ■■ E;�\�\\ - \` �1 II ��I� - 1=1-Residential 1Eig4a 00 ---_ ° Oil��.�.�.-! ! �_i_ ^re U _ .• _ -- - ---_.— Hi«h Density �, ..�� � � � I1 :1 I. 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Community Development Department Proposed Emergency Amendment Zoning _4 6.8 Broadway Broadway _w° Broadway II■■IIIIIIIIMMI Broadway ■■ M ethsemane � ��■ NC R-3 R Broadway ' 1 ,I , „ / Slringfield J �' Elementary . MF_2 _ MI= ormjimpjw.. EL le.1 AIM M— 1111111 —Springfield— -n8-teld 1111,,.■■■■■ a MI i St MEM MM� Alki 11111 - ■����■ =ME > Alki a ������■■■I■■ Vi n ey NE� ...ME' ��� �,,,■1 •,=, = i 1 .. _ 1111111-: 1111 I- : —= _ Olia_e III1■I'� o NEL II MF-2 Va1Qe a- ill INC"�I ■■I1 ■I UII I,IR m ll g: M •••• al - II _■_ Vallayw�ay 5w y Valleyway V_alleyivay alleyway II_ MI k' Nixon liii!!" 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WI I 7� ' :1 d �, �� f� � II MF1 0 �l �w> >� Re�l115.th ��• �� •111111 a; o '� 11 11 • ■ t° II■ 6th�� R�i6th 1u9m l 1111 6th r ""11 3 ,� x f0 6th 1 — — —� _ v li �' IIII _ ���11 ■11111®:11 II MF-2 �iR-3 1111■�• 17th ■IIIII 7,th IUIII• i� 11111��■■ ■ . - ■■■■■■111I.. •I Ii `�� I11111 1111• ■ 8 �� �l �I■ 8.th �■III, ..8th I b b (� ��w h d i 1 =I!ir!!gI 11 MINI■■ 1I Mi 9th : 9 h �9I th °' x 9th ,� 9th � 1 PEEN= ol w ■ e III E •_ 111 ■■■■■� ■111111111 11 . Fp.,1 L [,2 — 7 t> �'I IOthI11II1� 111111!111111 & 110th m3•11■Irk - IR M iIi■1 !■11■II■fl11I_ IIIIII■II11•i: ECPA-01-10 Request: Change the Comprehensive Plan map designation from City of Spokane Valley CCT to MUA; subsequent Zoning change from CCT to MUA. Community Development Department Strike-though text Emergency Comprehensive Plan Amendment TABLE OF CONTENTS: 2.1.DISTRICT ZONES REGULATIONS ERROR!BOOKMARK NOT DEFINED. n How District Zones Apply To Properties 22 How to Review District Zone's Regulation Error!Bookmark not defined. 2.1.1 CITY CENTER DISTRICT ZONE LOCATION:CITY CENTER 33 2.1.1 City Center Dictri t Zone Developm rt Regulation Matrix 37 2.2.SITE DEVELOPMENT REGULATIONS ERROR!BOOKMARK NOT DEFINED. 2.2.1.BUILDING ORIENTATION 11 LA Required Building Orientation: 2 "Front Street"and"Side Street" 11 2.2.2.BUILDING USE 12 12 4-City Ccntcr Rctsil 14 BOOK III:CITY ACTIONS ERROR!BOOKMARK NOT DEFINED. 1 3.1.THE CITY CENTER 157 3.1.1.CITY CENTER CIVIC FACILITIES 15g INTRODUCTION: i.1 PURPOSE This Subarea Plan is established in response to the community's desire to reverse the visual and economic decline of the Sprague and Appleway corridors, and restore the beauty and vitality of these corridors, and inotigato tho croation of tho City of Spokano Valloy'o fimt City Contor. It presents the community's vision for the future of these corridors.It establishes the primary means of regulating land use and development within the Plan Area(see Fig.i.1.Plan Area). Finally,it describes the City actions and public investments that will support the corridors' revitalization and croation of tit,.City Center. The Subarea Plan is intended to implement the broad policies established in the Spokane Valley Comprehensive IPlan for. •_ _ .•:the development/redevelopment of Sprague Avenue/Appleway Boulevard corridor into an area of quality commercial and mixed-use development. The regulations contained within the Subarea Plan replace land use and development regulations previously contained within the City Zoning Ordinance for this portion of the City. In the instance of conflicting regulations with other municipal planning documents containing policies for land use and development within the Plan Area, the Subarea Plan shall prevail. The Subarea Plan document does not replace or augment regulations pertaining to issues of building safety codes or other non-planning related codes. All applications for new construction, substantial modifications to existing buildings, and for changes in land use, shall be reviewed for conformance with the policies contained in the Subarea Plan. Book III City Actions Page 1 of 23 BOOKI 1.2. INTENT 3) Instigate the construction of the first City Center for the new City of Spokane Valley. Spokane Valley was incorporated in 2003, and does not contain an existing or historic downtown district The Spokane Valley community intends to see to it that a new City Center is constructed. A City Center is defined,in this context to mean a compact and synergistic cluster of activity gonorating shops,services and eateries sharing a walkable scaled district core with civic buildings,urban stylo homos and workplacos,all 1.4. THE ENVISIONED FUTURE CORRIDORS Figure 1.1 Urban Design Concept Map—remove City Center- Core and add Mixed Use Avenue designation From Commercial Strip to a Pattern of Centers and Segments: During the period of time in which development is guided by this Subarea Plan,the Sprague Avenue Corridor will begin its transformation from commercial strip to a pattern of Centers and Segments(see Figure 1.1). Whereas the commercial strip is undifferentiated—a linear pattern of exclusively commercial buildings,typically one-story (with very few notable exceptions),surface parking lots,and pole signs,—the future corridor will be increasingly characterized by emerging structural differentiation:there will be clusters of shops,activity,mix,and intensity- Centers,and there will be longer linear portions distinguished by cohesive building types,frontage landscaping, and dominant uses—Segments. Whereas the commercial strip caters to a narrow segment of market demand(the demand for commercial goods and services),the emerging Centers and Segments will have differentiated market focus. Neighborhood Centers will specialize in serving the needs of neighborhoods within a short drive;the-City Center will offer community services as well as commercial goods and services that cater to the entire City in a livoly pedestrian friendly environment; Appleway Boulevard will ultimately be lined primarily with large residential buildings facing a landscaped boulevard;the Gateway Commercial Segment of Sprague Avenue will continue to enhance its position as a regional Auto Row,and the Mixed Use Avenue Segments of Sprague will focus on a synergistic mix of workplace,commercial and high density residential uses. 1.4. THE ENVISIONED FUTURE CORRIDORS 1) The City Center What is now the new City of Spokane Valley was long a collection of undifferentiated suburban features of the beautiful natural terrain of the Spokane Valley. It is tho dream and intention of this community to complete the formation of their City by establishing its Center. The City Center will provide the community with its symbolic,social,and geographic heart. The City Center will be,more than anywhere eke in Spokane Valley,the place that tells you where you are,that you are in much more than a City defined only by legal jurisdictional boundaries. The City Center will provide the community with the center of its civic and social life.Citizens will be drawn to their center by shops,cafes,restaurants,community service:, and by th.,off.,ring of cmmfmtabl.,public str.,ets and plaza spaces to linger in when the weather is fine. And the busy stroots and public placos will be presided over by the first City Hall built to house the govornmont of outward,low to tho ground,it will bo compact and clustered;it will not bo only ono typo of land me,but a Book III—City Actions Page 2 of 23 mixture of rues and destinations retail,entertainment,civic,residential,and ultimately places of work and lodging will be found there. The shopping core will center on a main street with curbside parking and slow moving traffic r.,miniscent of historic downtown districts, but featuring contemporary businesses and accommodating the parking and services that they require. The Civic Center will preside over the City's main outdoor gathering space and its vista will be the iconic image that stands for Spokane Valley. The City Center will be built in the vicinity of the region's first shopping mall a prominent location for the City. Its main entrance and its most visible frontage will occupy the very central point along Sprague. Avonuo,tho City and rogion's primary arterial. Tho Spraguo Avonuo frontago will provido tho now district with tho unmistakablo idontity of tho City's most urban and livoly district,offoring a hint to passing travolors of what is available inside the district(Fig.1.9.). like to walk Tho City Conte-will provide businesses with a prominent address while offering workers and customers nearby places to lunch, shop,see and be seen. more than anything else,the district will attract people with its lively pedestrian activity and comfortable environment for walking and lingering,featuring a generous assortment of sitting places, warmly lit sidewalks and attractive window displays. Walking and bicycling will bo mado oasy by tho district's mixturo of uses,concontratod dovolopmont pattorn,and its fino grained network of streets shared by vehicles and pedestrians alike(Fig.1.7.). Along these streets,offices, "stroot wall"that croatos tho fooling of an outdoor living room(Fig.1.3.). a) The City Center Core Near tern development activity will take advantage of the large areas of vacant and underutilized land shopping,and dining core. Larger retail establishments will anchor new boutique retail,restaurants with outdoor dining,and entetairxuent uses inn nixed use buildings featuring continuous ground floor shop fronts. Shop windows and doors will adorn buildings with a high level of finish and detail(Fig.1.1.). entertainment ernvironnnent below while the soft,yellow light coming from their windows will add to the atmosphere(Fig.1.5.). The narrow streets,lined with street toes and decorative furnishings,will offer The backbone of the City Center Core will be a new"Main Street,"featuring continuous ground level (+hops,cafes,and small rostaurants built closo to tho sidowallc that onhanco tho stroot's appoal for walking (Fig.1.6.). New public open spaces will provide ample opportunity for people to gather, relax, and experience the hustle and bustle of City Center life(Fig.1.7.). Buildings such as a City Hall and Public Library terminating prominent views and presiding over civic spaces will add to the long list of arm.,nitis that tin.,Spokan.,Valley community will enjoy far into the future(Fig 1.8.). Landmark features will celebrate the City Center and mako the some highly visible and easy to ream from both Sprague. Avenue and Appleway Boulevard(Fig.1.7.). b) The City Center Sprague Avenue distinguishes this portion of Spraguo Avenue as obviously different from other portions of tho Corridor. Streetscape improvements will feature a unique parallel access lane on the south side of the street with slow moving traffic and amenities that buffer the sidewalk from the fast moving center of Sprague. Pedestrians will be able to stroll,eat outdoors when the weather is nice,and window shop. This main 3toet like environment along Sprague will also create a comfortable pedestrian zone for upper stories of housing;lodging and offices that will help snake tho City Confer successfiul. c) The City Center Neighborhood The urban neighborhood surrounding and supporting the City Center will be a City neighborhood with a difference. Tho City's widost rango of housing typos, tho groatost mixturo of homos, offrcos, and lodging, will bogin to concontrato within walking distanco of tho City Contor Coro's thoators, shops, gaurants,cafes,nightlife,and amenities. Building off of the existing STA Plaza and potential future transit lines along Appleway Boulevard,the residents of the City Center will be served by the City's roost extnnsiv concentration of transit facilities(Fig.1.10.). Book III—City Actions Page 3 of 23 This neighborhood will consist of artfiully designed buildings built closer to the sidewalk featuring grand scale entrances,facades with richly detailed windows and doorways,building forecourts,terraced urban garden,front stoops,and bay windows. This variety of buildings and entrances will add interest and activity to the sidewalk(Fig.1.11.). Remove figures 1.2-1.11 1) Neighborhood Centers An even distribution of supermarkets and neighborhood serving convenience uses currently punctuate the corridor at major intersections along Sprague Avenue. As the corridor transitions, development in these neighborhood centers will introduce mixed-use buildings and line grocery anchors with shops that will be located closer to the sidewalk(Fig.1.12.). New mixed-use development in these locations will be larger scale with parking lots that are screened from nearby housing in order to ensure compatibility with adjacent development(Fig.1.13.). A combination of new infill development and streetscape improvements with wide sidewalks and on-street parking will provide nearby residents with a safe and convenient pedestrian environment(Fig.1.14.). In contrast to the unique,entertainment oriented City Center,Neighborhood Centers and their services will continue to be distributed throughout the Plan Area. These centers,with their close proximity to surrounding neighborhoods,will supply nearby residents with all their daily needs(Fig.1.15.). 2) Sprague Avenue—Between the Centers b) Gateway Commercial Avenue The community intends to maintain the specialty segment between I-90 and the railroad overpass as the region's premier destination for automobile sales. The Gateway Commercial Avenue will be a"themed" stretch of Sprague Avenue,home to a busy cluster of vehicle dealers and supporting services(Fig.1.21.). In this District,Sprague Avenue will provide easy access and on-street parking to all dealers and other businesses in the district. A unique streetscape design with special treatments will include architectural vehicle display spaces that reinforce the district's generally auto oriented character. Sprague Avenue's new streetscape improvements,with modern boulevard-scale streetlights,will be complemented by well designed signs advertising the District's brands and services. Interspersed with the automobile dealers,compatible uses such as"medium box"commercial sales and services will line Sprague Avenue,taking advantage of the District's clear identity and proximity to I-90 (Fig.1.22.). Gateway features and coordinated signage will announce a revitalized Sprague Avenue and the new City Center to passing motorists on I-90. 3) Appleway—The Community Boulevard The undeveloped Appleway right-of-way provides an immense opportunity to improve the Sprague- Appleway corridor and the City as a whole. Appleway Boulevard will be extended East of University Road, creating a lush, pedestrian friendly environment. This new "Grand Boulevard", with continuous planting strips along the sidewalk featuring street trees,decorative lighting,and pedestrian amenities will provide the perfect opportunity for previously undevelopable deep parcels to build new grand scale housing and sensitively designed residentially compatible office buildings(Fig.1.24). This new housing corridor will help transition between Sprague Mixed Use Avenue development and the single family residential neighborhoods South of Appleway(Fig.1.25.). Boulevard character with attached housing that takes on a more urban character along the City Contor's tree lined streetscape. This housing will be complemented well by similarly scaled office buildings in tho City Center(Fig.1.2.). Book III—City Actions Page 4 of 23 Down the Center of this Community Boulevard,a wide,landscaped central parkway median with large,leafy trees accommodates multi-use pathways for biking or strolling(Fig.1.26.). This prominent open space is also located to maintain the potential to accommodate a future transit line. The transit line will take advantage of the existing bus transit center to provide easy access to the City Center to Spokane valley residents,workers, and visitors,from throughout the City and the region while further increasing the development potential of Appleway as a mixed-office/residential boulevard. 1.5. CORRIDOR REVITALIZATION STRATEGY 1) Place highest priority on the realization of the community's dream of a City Center. a) n1c.ve Fwiftr_. the region's lack of urban center projects to date, move as swiftly as possible to instigate the development of at least a substantial first phase City Cnrt r Come that contains a sufficient criti al mass of shops, restaurants, civi:,buildings, public space and ambiance to begin fiuretioning as a primary destination for the larger community. Leverage City investments in civic buildings,public spaces and street improvements to stimulate the dovelopnrnrt of the first portion of the City Contor. firrctions as the Hart of the Community,but it will provide a substantial armature for beneficial change that will radiate out in ever increasing rings from the Center. Therefore,notwithstanding the various d) Flexible entitlements Provide a policy framework specific nrough to insure that new investment adheres to the fiurdanrnrtal principles of the formation of lively pedestrian oriented city centers,but flexible enough to respond to changing opportunities. more specifically,provide a policy framework that accommodates both all at can accommodate the development of a City Contra Core on eith r side of University Road,or on both aidos of University Road. Provide a Policy Framework that accommodates the market's preference for retail concentrations at Inserted:1 major crossroads,while building on the patterns of value already in place. b) Refocus retail development over time to foster a mutually supportive hierarchy of retail-driven centers and mixed use segments Transition from miles of"anything goes retail"to a pattern that clusters mutually supportive types of retail in centers or segments with differentiated market focus. - : -t- focus city contor rotail typos in tho soloctod location for that special district;focus neighborhood center Inserted:F retail at the designated crossroad locations; cluster auto-row serving retail and services in convenient clusters,and limit retail in between crossroad-located centers to non-competing retail types that thrive on visibility and that make less sense in pedestrian-oriented districts. I ) Reverse creeping disinvestment by identifying the long term "highest and best uses"for the Corridor Inserted:2 as a whole. Ib) Replace entitlements for retail types suited to city center and neighborhood center clusters with residential entitlements Book III—City Actions Page 5 of 23 BOOK II 2.0.1. APPLICABILITY 1) City Center District Zone. These regulations shall apply to: a) New construction. b) Additions gaoatJr than 20%of tho building floor ar sa. c) Exterior Improvements ("facelifts") costing more than 20%of tho assessed or appraised value of the building and land. Such exterior regulations shall conform to the architectural regulations contained in Section 2. Book III—City Actions Page 6 of 23 2.0.3. HOW TO USE THE DEVELOPMENT REGULATIONS F I G.2.O.3 . HOW T O U S E T H E D E V E L O P M E N T R E G U L A T I O N S BOOK 11:DEVELOPMENT REGULATIONS 2.1. 2.2• L3' 2.4. 2.5. 2.6. DISTRICT ZONES SITE DEVELOPMENT S"CH E1 l'ANTI YAKKING ARCHITECTURAL SIGNAGE REGULATIONS REGULATIONS OPEN SPACE REGULATIONS REGULATIONS REGULATIONS REGULATIONS 2.1. 2.2.1.BUILDING 2.2.8.Sloe 2.3.1. 2.4.1. 2.6.1. DISTRICT ZONES MAP ORIENTATION STREET SETBACK STREET PARKING TYPES BAAL 91GNAGE STANDARDSNS 1 2.2.2. 2.2.9.SIDE 1 1 1 1 1«are the property in BUILDING Use YARD SETBACK rewthe�m v,v,11 definition➢ ds question on the District h Yinm and specifications for .edewgener 8"°5• Zones Ma nd identify A¢ non,streetstendorde m,dspsif+tntiwufor defniM,,emdods, Map fyt 2.2.3. .REAR rash Pershing Type each building massing L and guidelines applicable Diserist Zone(s) ¢- rlssA¢ne 1 BUILDING HEIGHT YARD SETBACK 1 1 1 1 2.2.4.RELATION 2.2.1 1. 2.;f.2. F2MAS HEIGHT 2.6.2. TO SINGLE 2.4.2. I BAR ALLEY SETBACK OPEN SPACE MASSING& N TVPB FAMILY HONES STA.111ARRti PARKING STANDARDS COMPOSITION TIONS 2.2.5.PUBLIC 2.2.12.FRONTAGE 1 1 2.5.3.LENGTH NEIGHBORHOOD FRONTAGE COVERAGE ew oprn rpaez 1 MAss[NI:& ,eo&wdehnh- CENTERS — reairlandads .rnueu p°r"'^g standards COMPOSITION eandard:,ehe1pfdeltree 2.1.3. 2.2.6.PRIVATE 2.2.13.BDILD•TO. 1 1 1 for cash Sign Type MIXED Use FRONTAGE CORNER AVENUE 2.3.:S.STREET AND 2.4.3. reriEse height and length — OPEN SPACE PARKING massing U composition 2.1.4. 2.2.7.FRONT 2.2.14.MAXIMUM GUIDELINES GUIDELINES regulations COMMUNITY STREET SETBACK BUILDING LENGTH 1 1 1 _ BOULEVARD 2,1,5,GATEWAY 1 r'"''''''''''t and open review gunk,gvidelSner 2.3.4. COMMERCIAL 5.GAT apace guidelines,including CHITECTURAL review the drimitemu mid spenfie,uim far lighting and landscaping ELEMENTS _ AVENUE each she development regAlation 2,1,6.GATEWAY rev 1 darde COMMERCIAL CENTERS J and guiddireef mhitereured elements 1 _ ew the Oiiolet.Speeiftc .g".k.,tor thpropneys DRnut Zon(s) 1 e f oa the definitions sued spes'f'ec^aen ehar fdkes ,n Retmrn va.x6 2.0.3. HOW TO USE THE DEVELOPMENT REGULATIONS Figure 2.1 District Zone Map—remove CCT and add MUA designation 2.0.3. HOW TO USE THE DEVELOPMENT REGULATIONS 1) The Development Regulations are divided into six sections: 2.3.Street and Open Space Regulations set forth minimum requirements for the provision, design, and configuration of new streets and publicly accessible spaces as well as regulations governing landscaping of front, side, and rear yards and other on-site improvements to ensure that new development creates attractive and livable City Center and Corridor environments with amenities for pedestrians. Book III—City Actions Page 7 of 23 2.1.1 CITY CENTER DISTRICT ZONE LOCATION: CITY CENTER City Center; { (— s. i Lr _. u�� r Description:City Center- The City Center District is the heart of the community.It is an urban district that consists of a wide range of amenities are located It has a core of entertainment, shopping and dining supported by a neighborhood of urban homes and workplaces. Within the City Center District,entertainment and shopping oriented City Center Coro Stroot Development is ■ Description:City Ccntcr Corc Street Dcvclopmcnt City Center Core Street Development is the most urban development in the City with consistent, urban streetscape treatments and attached commercial block buildings set along the 'e s sidewalk. Sprague Avenue and other new Core Streets put"Main Foxes Strout" dovolopmont on display, highlighting its fino grainod • '; ?ti concentration of ground floor, activity generating retail. The buildings are primarily mixed use with housing,office,or lodging Use • above retail Adding to this City Center Core network is the largest concentration of Civic and Cultural uses in the City. (Applicability of City Center Core Street Regulations is Diaxo: • Regulations). mss-diagram represents an ewe of the teal development enoisioned for this district. It does not roprosont a spocific dosign roquirod on any particular site or property. 'Description:City Ccntcr Neighborhood Dcvclopmcnt City Center Neighborhood Development has slightly less urban setbacks and frontage coverage that surrounds and supports the Foam t Core Streets. These parts of the City Center are primarily - composed of a prix of office, lodging, and housing (stacker • o units & townhomes). Boulevard scale buildings highlights the USE Sprague Avenue Edge,while attached housing and compatible office lines the Appleway Boulevard Edge. A tight network of Other Streets, with wide sidewalks and steady street planting -� make this a concentrated,walkable neighborhood. Disrosinow .ems This diagram represents an example of the typical development envisioned for this district.It does not represent a specific design required on any particular site or property 1) City Center Core:Pre Located Core Street Re_ ationm In order to "incubate'a District Coro within the City Center District Zone, a new, Pre located Core Street is established. This Pre located Book III—City Actions Page 8 of 23 - — 1-„,1 Coro Street is the basis for temporary regulatory-restrictions on the entire i I 1i; City Center District as described in the following sections. Thee restrictions incur, that a critical mass of clustered ground level retail — El corn of the district before a more diffuse pattern of retail is allowed to .I ' III.�,'r'i develop._ Once the Minimum City Center Core is fully'constructed, PreLocat, City Center Core Street °# et Pre-L,-ted Street - a) Pre located Core Street i) The creation of the City Center Core shall begin along the Pre Located Core Street(Street A)shown in the City Center:Pre Located Coro Street Map to the right side of this page(this pre located street is consistent with the Figure 2.3- Located Streets map.) ii) The location of the Pre Located Core Street may be changed in a manner consistent with the intent of Book L with the approval of the Community Development Director Designee. In any case,the Cor. Str,et must b, at Last 600 feet long. b) Minimum City Center Core The minimum City Center Core shall be established when the entire length of the Pre located Core Street • FF _ sides of the street(unless a part of the frontage along the Pre located Coro Street is public open space associated with a civic building. c) Coro Stroot Development Temporary Restrictions i) Core Street Development . :t _ _ • _ Example of City Center Core Development Satisfyin r AFTER a final Binding Site Plan I um City Center Core Policies (BSP)oatabliahing the City Center Core Street is approved. ow= R# i Jsd,9 m, L r.7 Siitiil i U ,I { ii) After the final BSP creating the • FFW City Center Coro Stroot is u approved, City Center Retail is r 4 (1) In shopfronts along the Pre • located Core Street 'AU, 1{1%}��� (2) In shopfronta that Wig? L ■�► continuously extend from Example of a City Center Core Layout (a) Along the south side of Sprague Ave. (c) Along the west side of University Rd. (d) Along the north side of Appleway Blvd. all propertiec within the City Center District Zone as determined by the City Center District Zone Regulations,Section 2.22,Building Uao. d) Core Street Configuration&Design Book III—City Actions Page 9 of 23 i) All now Coro Strccts shall be design d as spccificd in Section 2.3 ,'Shoot and Open Spaco Regulations. 2) Relation to Civic Buildings i) As shown in the City Center:Pre Located Core Street Map to the right side of this page,a new street (street B)shall be built concocting the Pro locatod Coro Stroot(Shoot A)and the plannod civic facilities doscribcd in Section 3.1.1 (this pro located trot is consistent with the Figure 2.3.1(2) Pro Located Streets map). ii) The location of the Pre Located Core Street may be changed in a manner consistent with the intent of Book L with the approval of the Community Dovolopm art Diroctor,'Designoo. J _J [ JL Sprague 9�e 11.., E mple of Core Streets Example o e Development Layout Streets Layout 3) Special Parking-and Frontage Coverage Regulations The following special regulations apply to new Core Street development along Sprague Ave.,pre located Stroot B(described abovo and shown in the City Contor:Pro Located Coro Shoot map to the right side of this page),and Other stroots: i) Coro Stroot Dovolopm nt with a Retail Anchor Store: (1) Surface parking lots serving the anchor store may be exposed to the following streets in combination with th.,minimum frontage coverage exceptions indicated: (a) Spragu Avo:50%minimum frontage coverages (b) Stroot B:80°'e minimum frontage covcrago (c) Other Stroots:0°;,minimum frontago covorago n) Core Street Development without a Retail Anchor Store: in combination with the minimum frontago covorago oxcoptions indicated: (a) Spragu Ave:70%minimum frontago covorage, (b) Street B:80%minimum frontage coverage (c) Other Streets:20%minimum frontage coverage Book III—City Actions Page 10 of 23 2.1.1 City Center District Zone Development Regulations Matrix-Remove 2.L1.Ci Center Di• Zone =1111 d� �ar o..�rrr 1®®M::1=M -- !v!®!.ME■ use®ras■n �..�.� •�ee�-e kydmAA IMINERIMPIONMIIM MI= 52M • w Mn i2M a..,..,. ©©oi© a ia eiee + Pr+ • ■° • vieee AIMIM 2.2.1. BUILDING ORIENTATION 2 "Front Street"and"Side Street"Classifications: Some regulations throughout Book II refer to"Front Streets"and"Side Streets." For the purposed of this Specific Plan,these terms are defined as follows: i) Front Streets shall include Sprague Avenue,Appleway Boulevard,City Center Coro Strout and City Center Street`B". ii) On corner properties along Sprague Avenue or Appleway Boulevard, Sprague Avenue or Appleway Boulevard shall be Front Streets,and all cross streets shall be Side Streets. The only oxcoption to this is in the instance of the comer of tho City Contor Coro Street at Sprague Avenue,in whi:,h ease both Sprague Avenue e and the Core Strout shall be classified as Front Street: Book III—City Actions Page 11 of 23 2.2.2. BUILDING USE 1) Retail a) _çity Center Retail i) Permitted Uses: (1) City Center retail anchors, including supermarkets, phannacies, convenience stores, junior department stores and general merchandise"anchor retail"and"superstore"user particularly those not specializing in the sale of large scale goods. (2) Retail sales&services,including the following: (a) Specialty food retail,including the following and similar specialty foods:chocolate candy; and wine tasting and similar specialty foods (b) Specialty goods retail,including the following and similar specialty goods uses: cooking supplies/culinary; general house wares; decorator/arts and design centers (including tile, floor and wall coverings); specialty hardware; antique storey selling high quality used goods(this category excludes thrift and second hand stores);party supplies;lamps'lighting; household accessories;books,'magazines/stationary;music/instruments. (c) Quality goods and services,including the following and similar uses:small crafts;specialty furniture; clothing/shoe storey; stereo/video or computers: cameras photography; sporting goods; bicycle shops; outdoor/sports clothing and supplies; toys/games; cards;'gifts; jewolry;watches'clocks,'plants;beauty cosmetics;flowers;quality consigmnent stores (3) Eating and Drinking Establishments including the following uses: (c) Chairs and tables for outdoor dining and carts for merchant display and sales(i.e. hot dog carts)may be permitted in the public right of way(i.e.in sidewalk areas)provided that: which is clear and unimpeded for pedestrian traffic access. (a) movie theaters and private performing arts theaters. (b) Recr,ational us.,s such as bowling,roll.,r skating and ice skating rinks,dance halls;in all cases the serving of alcohol must be clearly ancillary to the recreational rue. (c) Music venues,dance halls,billiard rooms not serving alcoholic beverages,or those serving alcoholic beverage:,provided this activity is clearly ancillary-to food service. (5) Art galleries and display spacer with a retail component. (6) Igealth and exercise clubs. (7) Ranks and financial institutions (8) Business services businesses that generate a significant amount of foot traffic, such as Book III—City Actions Page 12 of 23 epae,beauty or barber shops,elro.,r pair. ii) Conditional Uses: Upon granting of a Conditional Use Permit: (1) Bars and nightclubs and casinos, including establishments providing nrtntainmmt, and (2) Farmers markets and other seasonal sale. (3) Other similar and compatible uses deemed by the Community Development Director,Designee to meet the purpose and intent of the Plan. iii) Special Conditions: (1) Minimum interior height for ground level retail of all types is 11 ft.from floor to ceiling.This may not be applied to use conversion in an existing building. (2) Drive up'drive through windows are allowed for permitted rues listed above with direct access to Sprague Avenue. iv) Prohibited Uses: (1)Bail bonds offices (2) Cas Stations 2.2.5. Public Frontage Improvements 2) Sprague Avenue a) City Center District Zone: i) North Properties: (1) Prior to Streetscape Improvements: Public Frontage shall be constructed by developers as development occurs and Private Frontage Front Setback Area treatments shall be built to the. existing back of sidewalk. constnuctod. ii) South Properties: The future curb will be relocated and the future back of sidewalk will be located approximately 10 feet south of the existing right of wad-. Private Frontage Front Setback Area treatments shall be built to the future back of sidewalk,and future back of sidewalk. {a) For large developments, the entire public frontage may be required to be built as (2) Following Streetscape Improvements:an in lieu fee shall be required to cover improvements as „i Book III—City Actions Page 13 of 23 Remove figure 2.2.5 2)a)ii) City Center North Properties I Remove figure 2.2.5 2)a)ii) City Center South Properties 2.3.1. STREET STANDARDS 6) Street Types New streets within the Plan Area are also recommended to incorporate bike routes that enhance the Comprehensive Plan's Bike/Pedestrian System. Appropriate pavement markings and signage shall be installed where appropriate. There should also be bicycle parking facilities appropriately located in the City Center District Zone. a) Corc Strcct i) Purpose: Organize the primary public realm to create an environment suitable for shopping and including outdoor dining,locations for kiosks,food carts,and flower stalls ii) Components (2) Each block shall have a single species of large, op er habit deciduous trees with a maximum spacing of 10 feet on e nt,:r.Trees should be 1o:,at:d in tre.:grates that are flush mount:d at tit,. back of curb,or may be located in islands within the parking lanes. windows and building signage. (3) Pedestrian scale decorative street lighting in sidewalk with a maximum spacing of 80 feet on (1) Fire hydrants shall be located on both sides of the street and installed at street corners wherever Book III—City Actions Page 14 of 23 2.4.2. PARKING STANDARDS 2.4.2 PARKING PROVISIONS Permitted Maximum Permitted Minimum Parking Shared Parking Location of Use Categories Parking Provided Requirement Requirement Required w/Surface Parking Parking 1-Retail(except for corner store) _ en site,or on 3 spaco/1,000 sf or in !Arcot::.pace., in City Center lieu fee zI space/1,000 sf Regxtred within 500 ft on-site,or on- 3 space/1,000 sf or in- street spaces b)in Neighborhood Center lieu fee 4 space/1,000 sf Required within 200 ft on-site,or on- street spaces c)in other District Zones 3 s ace/1,000 sf 5 s ace/1,000 sf Not Re uired within 500 ft 2-Corner Store Retail on-site,or on- street spaces 3 space/1,000 sf 4 space/1,000 sf City Cmrtor within 200 ft 3-Eating and Drinking Establishment 1 on site,or on (Arcot spaco.; a)in City Center /I space,1,000 sf 10 space,1,000 sf Required within 500 ft on-site,or on- street spaces b)in Neighborhood Center 6 space/1,000 sf 10 space/1,000 sf Required within 200 ft c in other District Zones 12 s ace/1,000 sf N/A Not Re uired on-site 4 Entertainment&Recreation 1 on site,or on street spaces a)in City Center 6 spaco,'1,000 sf 10 spaco/1,000 sf Require.; within 500 ft b)in Gateway Commercial Center 12 space/1,000 sf N/A Required on-site 5)Vehicle Sales&Services 3 space/1,000 sf for showroom 5 s ace/1,000 sf Not Re uired on-site 6)Civic,Quasi-Civic&Cultural on-site,or on- a) in City Center & street spaces Neighborhood Center 1 3 space/1,000 sf 4 space/1,000 sf Required within 500 ft Book III—City Actions Page 15 of 23 2.4.2 PARKING PROVISIONS Permitted Maximum Permitted Minimum Parking Shared Parking Location of Use Categories Parking Provided Requirement w/Surface Parking Requirement Required Parking on-site,or on- street spaces b)in other District Zones 4 space/1,000 sf N/A Not Required within 500 ft 7)Office on-site,or on- a)in City Center&Neighborhood street spaces Center 2.5 space/1,000 sf 3.5 space/1,000 sf Required within 200 ft on-site,or on- street spaces b)in other District Zones 2.5 s ace/1,000 sf 4 s ace/1,000 sf Not Re uired within 500 ft 8)Lodging on-site,or on- a)in City Center&Neighborhood street spaces Center I 1 space/guest room 1 space/guest room Required within 200 ft b)in other District Zones 1 space'guest room 1.5 space/guest room Not Required on-site 9)Live-Work on-site,or on- 1 space'unit+0 1.5 space'unit+1 street spaces space/employee space/employee Not Required within 200 ft 10 Residential 1 space/studio 1 space/unit 1 space/lbr unit 1.5 space/lbr unit 1 space/2br+unit 2.5 space/2br+unit 2 guest space/10 DU 4 guest space/10 DU Not Required on-site * On-street parking within the indicated distance may be counted toward minimum parking requirement with the approval of the Community Development Director/Designee 2.5.4. ARCHITECTURAL ELEMENTS ii) Guidelines (1) Form: (ii) In the City Ce��ner and in Neighborhood Centers,a vertical proportion of window panes or window openings(3:2 to 2:1 height:width ratio)should typically be used. Openings may be composed of a series of vertically proportioned panes or frames. Book III—City Actions Page 16 of 23 3) Color ii) Guidelines (1) By District Zonoa {a) City Center:colors used in new construction and renovations should build on the palette of colors of existing historic Spokane Valley buildings. In general, these include medium toned brick colors(t}pically red brick,with occasional use of white or tan brick;also,with or wood siding,according to architectural style as well. 2.6.1. GENERAL SIGNAGE REGULATIONS 2) Standards 1) Animated signs are permitted as follows: a. In the Gateway Commercial Center and Gateway Commercial Avenue Zones. b. Anywhere along Sprague Avenue EXCEPT in City Center District Zone (animated signs are prohibited in the City Center District Zone). 2) Billboards shall be regulated by Section 22.110.130 SVMCC EXCEPT that rclo atad billboards are Inserted:. prohibited within the City Center District Zone. Further, in all other zones within the Subarea Plan billboards may be constructed only on Sprague Avenue. Figure 2.1 District Zone Map—remove CCT and add MUA designation 2.6.2 Sign Type Regulations 5) Monument Signs iv) Monument Signs shall not exceed a maximum height of seven(7)feet above grade.v) The maximum area of a Monument Sign for permitted District Zones shall be as follows: (1) City Center Non Core Streets:32 square feet. Book III—City Actions Page 17 of 23 suot1oy xT!I—III!°OU FIG.2.6. SIGNAGE REGULATIONS CHART 2.6 SIGNAGE REGULA110MS 2 1.1 City Center 2.1.2 Neighborhood Center 2.1.3 Ned-Use Avenue 2.1.4 Community Boulevard 2.1.5 Gateway Commercial Avenue 2.1.6 Gateway Commercial Centers 2.1 District Zones Cope Streets Non-Core wets 1-Grand Projecting Sign pe itted - permitted permtted 2-Marquee Signs per lied per,lied permitted permitted --- --- permitted 3-Wall Sign permi :d p lied permitted permitted permitted permitted permitted 4-Rod Sign permit:, '-milted permitted permitted --- permitted permitted 5-Monument Sign permtted permitted permitted permitted permitted permitted 5•Freestanding Sign --- -- --- permitted --- permitted permitted 7-Blade Sign permitted permitted permitted permitted restricted permitted permitted 8-Projecting Sign permitted permitted permitted permitted restricted permitted permitted 9-Awing Face Sgn permtted permitted permitted permitted restricted permitted permitted 10•Awning Valance Sign permitted permitted permitted permitted restricted permitted permitted 11-Awning Side Sign permitted permtted permitted permitted restricted permitted permitted 12-Above Awning Sign permitted permitted permitted permitted restricted permitted permitted 13-Under Awning Sign permitted permitted permitted permitted restricted permitted permitted 14•Canopy Fascia Sign permitt-, ermined permitted permitted restricted permitted permitted 15•Above Canopy Sgn permi d .•mated permitted permitted restricted permitted permitted 16-Under Canopy Sign per ted pe lied permitted permitted restricted permitted permitted 17-Recessed Entry Sign per iced per ted permitted permitted restricted permitted permitted 18-Window Sign p milted permit d permitted permitted restricted permitted permitted 19•Time and Temperature Sign ermited permtte permitted permitted -- permitted permitted 20-Building Identification Canopy Fascia Sign permitted permitted permitted permitted permitted permitted permitted 21-Building Identification Well Sign permtted permtted permitted permitted permitted permitted permitted 22-Building Identification Window5ign permitted permitted permitted permitted permitted permitted permitted 23-Temporary Signs See SVMC Chapter 22.110 for temporary sign regulations far all district zones Legend: —:Nd Permitted Permitted:These signs are allowed,by right,as indicated, Restricted:Signs are restricted to corner stores only. Book III Preamble The revitalization of the Sprague Avenue and Appleway Boulevard Corridors . : the new City Center will be a program of actions and investments. Given the substantial length of the corridor and the multiplicity of needs represented, this program will need to be implemented in phases over an extended period of time in accordance with the availability of City resources.The prioritization of City Actions will be guided by the goals and strategies outlined in Book I of this Subarea Plan. Complementing the regulatory controls contained in Book II,the strategic investment of limited public resources planned in this chapter are intended to accelerate the revitalization process and add to the appeal and success of the corridor as the central spine of the Spokane Valley community. City Actions will be guided by the community intent described in Book I.As opportunities arise that were not known at the time of this Plan's adoption,the City may consider alternative investment strategies and projects to more effectively realize the community vision for the Sprague and Appleway Corridors. 3.1. THE CITY CENTER Tho Sprague and Appleway Corridors Subarea Plan identifies the vicinity around the intersection of Sprague and University as the future City Center for Spokane Valley. The Center will he the community's living room, with shops, restaurants, civic buildings, residences and public plazas all contributing to a new urban environment and central community gathering place. with support from community. Public/private partnership opportunities will bo explored, however, the City does not intend to play the part of"developer". Tho property owners and the City will look for investment opportunities that will have a high probability of instigating the typo if development that i:, envisioned by this Subarea Plan and supported by the community. During development of this Subarea Plan,the City's consultant developed a conceptual master plan for the first phase of the City Center. The City will consider the following list of strategies and tools in its effort to attract developers who will transform the concept into reality: 1. Identify opportunities for public information and involvement in the design and implementation of the City Center,especially the public spaces. 2. Encourage private developers to involve the community in the design of the City Center. 3. Adopt, monitor and adjust zoning controls that will allow a City Center to be built, in a form that is consistent with the City's vision. support the development of City Center. 5. Prepare a SEPA!Planned Action ordinance for the area identified as the City Center. 6. Purchase a site for future City Hall. 7. Support the efforts of the Spokane County Library District to locate and construct a library as a civic anchor in the City Center. 8. Support other civic entities to locate in the City Center. Book III—City Actions Page 19 of 23 3.1.1. CITY CENTER CIVIC FACILITIES The envisioned City Center will be a place where families and friends can gather, shop,dine and live. It is also a place that intends to include important public spaces, such as plazas, gardens, fountains, a' a Center as the place the community gathers and interacts.Therefore these public spaces will be designed and located so they are pleasant and fun to spend time in. Since these spaces will become the communities "living room" where people gather and share, the City will extensively engage the residents in the design process. The City also intends to purchase land and construct a City Hall. The City Hall will help establish the civic identity for the center and it will be efficient and comfortable for people to do business.It will bo The City will encourage other civic uses to locate in the City Center.These could include a new library, fire district offices and the offices of other government purposes. 3.3.1. STAGING THE STREET NETWORK IMPROVEMENTS (Inserted:1 1) Stage 1:Establish the Transportation Framework and Enable the City Center Sprague Avenue is poised to become Spokane Valley's Main StreeAand indeed is one of the primary streets C Inserted:. -• _. However,its present state limits it from supporting a strong activity center.Its roadway design prioritizes speed and through movement. In order to enable the City Contor tjne City will C Inserted:T reclaim Sprague Avenue to better function as an urban retail street;as this reclamation happens,Appleway Boulevard must be extended and configured to two-way traffic to complement Sprague Avenue and enhance the overall capacity of the street network. 2) Stage 2:Strengthen the City Center and Extend the Network In order to further onablo tho City Contor tjse City will continue to reclaim Sprague Avenue to better function C Inserted:T as an urban retail street;as this reclamation happens,Appleway Boulevard must be extended and configured to two-way traffic to complement Sprague Avenue and enhance the overall capacity of the street network 3.3. STREETSCAPE SEGMENTS MAP 1) Sprague Avenue City Cen g City Center Boulevard: Along Sprague Avenue within the City Center, Sprague Avenue will consist of four through lanes, a landscaped center median with left turn pockets,a parallel parking lane along the north side of the street and a protected access lane with angled parking along the south side of the street. This street design will maintain s expanded right of way along the south side of the street Streetscape elements include: ,vsrth Side • A ten(10)foot sidewalk along the back of curb and an eight(8)foot parking lane oriented parallel to the. curb. • Boulevard scale and pedestrian scale decorative street lighting with banners located within the sidewalk with a maximum spacing of 80 foot on center. Light source should bo located 25 35 feet above finished grade for boulevard scale street lighting and 12 11 feet above finished grade for pedestrian scale street lighting. • A single species of large,moderate density,deciduous trees located in planting wells within the parkin lane and/or in flush tree grates along the back of curb with a maximum spacing of 10 feet on center. Book III—City Actions Page 20 of 23 South Side • A 15 foot sidewalk along the back of curb and a six(6)foot planted median located between the street and a a lane • Boulevard scale decorative street lighting with banners located within the access lanes planted median with a maximum spacing of 120 feet on center. Light source should be located 25 35 feet above finished • Pedestrian scale decorative street lighting located within the sidewalk with a maximum spacing of 86 feet on center. Light source should be located 12 11 feet above finished grade. • A single species of large, moderate density, deciduous trees located within the access lanes planted median and in flush tree grates along the back of curb with a maximum spacing of 10 feet on center. City Center Landmark: Following the successful instigation of a new City Center,the City will consider locating and building a City Center landmark to highlight the City Center.It will memorialize the City Center's location and help direct people into the City Center from Sprague Avenue. 4 .e. - ..- ' • r4r • w - _ • North Side South Side Book III—City Actions Page 21 of 23 i _ f07'.' ._ : ; Clo Center 7 ' -, . ..:.. ' L. dnalk ::qu :x.••7 gjj fi Eee ._' C r Core ,.•^:C: ..::.i7-.II1I1//I MI A II Inters ction = . . I r ii L . .. .„ .J . . _. .. . .... • , ..., , •. . , • ,_. . . , ....... . 1 ..,.. , North Sidc South Sidc North Side South Side 6) City Gateway ( Inserted:7 The City will consider locating and building a City Gateway near the intersection of the future I-90 off-ramp and Sprague Avenue that announces entrance into the City of Spokane Vallemnd holpo diroct vi5itom to tho C Inserted: City Contor. The potential location of a city gateway is shown in Fig.3.3 Streetscape Segments Map. Book III—City Actions Page 22 of 23 GLOSSARY Core Street: Any street that is lined with development that satisfies all Core Street regulations. Core Streets provide active"Main Street"like shopping and entertainment environments. Appendix A—Starting Point Page 23 of 23 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION Spokane STAFF REPORT AND RECOMMENDATION TO THE 40,Valley PLANNING COMMISSION ECPA-01-10 STAFF REPORT DATE: November 9, 2010 HEARING DATE AND LOCATION: December 9, 2010, beginning at 6:00 p.m., Spokane Valley City Hall Council Chambers, Valley Redwood Plaza Building, 11707 East Sprague Avenue, Suite 101, Spokane Valley, Washington 99206. PROPOSAL DESCRIPTION: City initiated, site specific emergency comprehensive plan amendment to change the City Center(CC) comprehensive plan and zoning designation to Mixed Use Avenue (MUA); remove all language referencing City Center in the Sprague Appleway Corridors Subarea Plan (Subarea Plan)from Book 1: Community Intent, adopted as part of the Spokane Valley Comprehensive Plan; and Book 2: Development Regulations and Book 3: City Actions, adopted by reference in the Spokane Valley Municipal Code (SVMC). PROPOSAL LOCATION: The amendment area is boarded by Walnut Road to the west, Bowdish Road to the east, Main Avenue to the north and 4th Avenue to the south. APPLICANT: City of Spokane Valley Community Development Department, Karen Kendall; 11707 East Sprague Avenue, Suite 106, Spokane Valley, WA 99206; (509) 720-5026 APPROVAL CRITERIA: Chapter 2 (Urban Land Use) of the Spokane Valley Comprehensive Plan, Title 17 (General Provision), Title 19 (Zoning Regulations), Title 21 (Environmental Controls) of the Spokane Valley Municipal Code (SVMC) and Sprague Appleway Corridors Subarea Plan (Subarea Plan) from Book 1: Community Intent, adopted as part of the Spokane Valley Comprehensive Plan; and Book 2: Development Regulations and Book 3: City Actions, adopted by reference in the Spokane Valley Municipal Code (SVMC). SUMMARY OF RECOMMENDATION: The Planning Division, after review and consideration of the submitted application and applicable approval criteria, recommends that the Planning Commission approve ECPA-01- 10. STAFF PLANNER:Karen Kendall, Assistant Planner, Community Development Department REVIEWED BY: Scott Kuhta, AICP, Planning Manager, Community Development Department EXHIBITS: Exhibit 1: Application Materials Exhibit 2 SEPA Determination Exhibit 3: Comprehensive Plan Map Exhibit 4: Zoning Map Exhibit 5: 2009 Aerial Map Exhibit 6: Vicinity Map Exhibit 7: Transportation Map Staff Report and Recommendation to the Planning Commission for ECPA-01-10 Page 1 of 6 I. BACKGROUND INFORMATION APPLICATION PROCESSING: Chapter 17.80 Permit Processing Procedures in the Spokane Valley Municipal Code (SVMC). The following summarizes key application procedures for the proposal. Pre-Application Meeting: N/A Application Submitted: N/A Determination of Completeness: N/A Issuance of Determination of Non-Significance (DNS): November 12, 2010 End of Appeal Period for DNS: November 26, 2010 Date of Published Notice of Public Hearing: November 12, 2010 Date of Mailed Notice of Public Hearing: November 12, 2010 Date of Public Hearing: December 9, 2010 PROPERTY INFORMATION: Size and Characteristics: The site is approximately 225 acres in size. The site is relatively flat. Comprehensive Plan: City Center Zoning: City Center(CCT) Existing Land Use: There area is comprised of developed and undeveloped land with one Park(Balfour Park). SURROUNDING COMPREHENSIVE PLAN,ZONING,AND LAND USES: North Comprehensive Plan—Low, Medium and High Density Residential Zoning—R-3, MF-1 and MF-2 Existing Land Uses — Single-Family and Multi-Family Residential South Comprehensive Plan—Low, Medium and High Density Residential Zoning—R-3, MF-1 and MF-2 Existing Land Uses — Single-Family and Multi-Family Residential East Comprehensive Plan — Mixed Use Avenue, Community Boulevard and High Density Residential Zoning—Mixed Use Avenue (MUA), Community Boulevard (CB) and MF-2 Existing Land Uses —Commercial, Office and Residential West Comprehensive Plan—Mixed Use Avenue and Community Boulevard Zoning—Mixed Use Avenue (MUA) and Community Boulevard (CB) Existing Land Uses —Auto oriented uses, Commercial, Office and Residential II. FINDINGS AND CONCLUSIONS SPECIFIC TO SEPA Findings: Pursuant to Title 21 (Environmental Controls) of the Spokane Valley Municipal Code (SVMC), the lead agency has determined that this proposal does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). The Planning Division issued a Determination of Non-Significance (DNS) for the proposal. This decision was made after review of a completed environmental checklist and other information on file with the lead agency. Staff Report and Recommendation to the Planning Commission for ECPA-01-10 Page 2 of 6 Conclusion(s): The procedural requirements of the State Environmental Policy Act and Title 21 of the SVMC have been fulfilled by the applicant's submittal of the required SEPA Checklist, and the issuance of the City's threshold determination consisting of a Determination of Non-Significance (DNS). III. FINDINGS AND CONCLUSIONS SPECIFIC TO THE COMPREHENSIVE PLAN AMENDMENT A. COMPLIANCE WITH TITLE 17 (GENERAL PROVISIONS) OF THE SPOKANE VALLEY MUNICIPAL CODE Findings: Section 17.80.140 H. (Comprehensive Plan Amendment Approval Criteria) Spokane Valley Municipal Code 1. The following are responses to the proposed comprehensive plan amendment; a. The proposed amendment bears a substantial relationship to the public health, safety, welfare, and protection of the environment; The City proposes an emergency amendment due to the deterioration of the economy and the resulting decreasing sales tax and decreasing property taxes. It is likely not possible to have a large investment company to contribute to build in the City Center. The proposed amendment offers additional opportunities to achieve economic growth by expanding the land uses available for further diverse development. This proposal supports the safety, health and welfare of the community by encouraging mixed uses that foster community identity with pedestrian, bicycle and regional transportation services. b. The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the City's adopted plan not affected by the amendment; The state-wide planning goals and policies provide the basis for the City's Comprehensive Plan and guidance in the development of goals and policies. The proposed amendment will allow services to be expanded for appropriate in-fill development with the City of Spokane Valley. The City has adopted development regulations that are designed to address specific impacts related to new development such as off-street parking, landscaping, lighting, setbacks and height. The proposed amendment is consistent with the Growth Management Act. Adjacent land use designations are consistent with the proposed amendment. c. The proposed amendment responds to a substantial change in conditions beyond the property owner's control applicable to the area within which the subject property lies; The proposed amendment responds to the economic hardships of business to locate within City Center due to limited permitted uses. The crashing economy has also limited the interest in mixed use/town center developments on a national level by large scale investment companies and developers. The economic climate has lead to a substantial change in conditions. d. The proposed amendment corrects an obvious mapping error; or The proposed amendment does not correct a mapping error. e. The proposed amendment addresses an identified deficiency in the Comprehensive Plan. Staff Report and Recommendation to the Planning Commission for ECPA-01-10 Page 3 of 6 The proposed amendment alleviates the restrictions placed upon the area by the current zoning of the Sprague Appleway Corridors Subarea Plan (Subarea Plan). 2. The City must also consider the following factors prior to approving Comprehensive Plan amendments: a. The effect upon the physical environment; The comprehensive plan amendment is a non project action under SEPA. At the time of the submittal of the building permit application, an additional SEPA review would likely be required to evaluate the impacts of the use(s) and proposed structure(s) on the physical environment. b. The effect on open space, streams, rivers, and lakes; There is no surface water body on or in the immediate vicinity of site. Balfour Park is the only designated open space within the proposed amendment area. c. The compatibility with and impact on adjacent land uses and surrounding neighborhoods; The proposed amendment is contiguous to a Mixed Use Avenue Comprehensive Plan designation on the east and west. To the north and south High, Medium and Low Density Residential as well as Community Boulevard Comprehensive Plan designations border the area. At the time of development, standards relating to fencing, screening, and landscaping will reduce impacts on adjacent low density residential designated properties by providing visual separation and physical buffers between land uses. d. The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools; The City of Spokane Valley addresses adequacy of community facilities on a citywide basis through capital facilities planning. Policy CFP-9.1 of the Comprehensive Plan recommends a concurrency management system for transportation, sewer, and water facilities. The City of Spokane Valley's Parks and Recreation Plan outlines an implementation strategy including a capital facilities plan, which identifies costs and revenue sources for new parks. At the time of the submittal of the building permit application, an additional SEPA review would likely be required to evaluate the impacts of the use(s) and proposed structure(s) on the physical environment in regards to transportation and schools. e. The benefit to the neighborhood, City, and region; The proposal would be consistent with the existing character of the neighborhood. This is an appropriate location to allow for infill mixed use development that can utilize services such as alternative transportation methods (public transportation)provide an opportunity to live and work in a close proximity and the beneficial location of commercial, auto oriented retail and office uses to serve the area. f The quantity and location of land planned for the proposed land use type and density and the demand for such land; The Mixed Use Avenue zone district allows less density when compared to the City Center zone district. However, residential and commercial projections have been fairly conservative compared to maximum allowed density. g. The current and projected population density in the area; and Staff Report and Recommendation to the Planning Commission for ECPA-01-10 Page 4 of 6 The current population of 736 dwelling units is projected to increase to over 3,000 dwelling units as calculated in the City Center Final Environmental Impact Statement(FEIS)for the Planned Action Ordinance. This projection would translate to the Mixed Use Avenue (MUA) designation. h. The effect upon other aspects of the Comprehensive Plan. The proposal would eliminate the only mapped area designated City Center within the City's Comprehensive Plan designation designated to serve as a social, cultural and economic focus for the City of Spokane Valley. B. COMPLIANCE WITH TITLE 19 (ZONING REGULATIONS) OF THE SPOKANE VALLEY MUNICIPAL CODE Findings: Section 19.110.020 (Sprague Appleway Corridors Subarea Plan) Spokane Valley Municipal Code The Comprehensive Plan Map Amendment is from City Center to Mixed Use Avenue and corresponding zoning map amendment from City Center(CCT)to Mixed Use Avenue (MUA). Conclusion(s): The proposed Comprehensive Plan amendment is contiguous to other mixed use development. ECPA-01- 10 is consistent with the intention of the Mixed Use Avenue designation. C. COMPREHENSIVE PLAN The Comprehensive plan states that Mixed Use Avenue is characterized by multi-family housing mixing with commercial, office and lodging uses. Staff analysis is italicized. 1. Mixed Use Avenue is intended to transition older strip commercial development into a mix of vertical and horizontal mixed use developments. Development intended to orient to a vegetation enhanced street. 2. LUG-3 of the Comprehensive Plan states; "Transform various commercial business areas into vital, attractive, easily accessible mixed use areas that appeal to investors, consumers and residences and enhance the community image and economic vitality." Staff Comment: The Mixed Use Avenue designation is consistent with the surrounding parcels. 3. LUP-3.1 of the Comprehensive Plan states; "Encourage transformation of Sprague Avenue Regional/Community Commercial corridor into a quality mixed-use retail area. Retail development along the corridor, exclusive of the City Center should be concentrated at arterial intersections and designed to integrate auto, pedestrian, and transit circulation. Integration of public amenities and open space into retail and office development should also be encouraged." Staff Comment: The proposed area has several arterial intersections along the Sprague and Appleway corridor. The proposed amendment area is served by Balfour Park located on Balfour Street and Main Avenue across from University City Development. Staff Report and Recommendation to the Planning Commission for ECPA-01-10 Page 5 of 6 D. FINDING AND CONCLUSIONS SPECIFIC TO PUBLIC COMMENTS Findings: Staff has received no public comment concerning the proposal to date. Conclusion(s): Adequate public noticing was conducted for ECPA-01-10 in accordance with adopted public noticing procedures. E. FINDING AND CONCLUSIONS SPECIFIC TO AGENCY COMMENTS Findings: Staff has not received any agency comments to date. Conclusion(s): No concerns are noted. IV. OVERALL CONCLUSION The proposed Comprehensive Plan designation to Mixed Use Avenue and change in zoning classification to Mixed Use Avenue (MUA) is consistent with the Comprehensive Plans goals and policies. V. STAFF RECOMMENDATION The Planning Division after review and consideration of the submitted application and applicable approval criteria recommends that the Planning Commission recommend approval of ECPA-01-10. Staff Report and Recommendation to the Planning Commission for ECPA-01-10 Page 6 of 6 clTY oe Spokane Valley b COMPREHENISVE PLAN AMENDMENT APPLICATION STAFF USE ONLY Date Submitted: 10-27-10 Received by: Fee: City Initiated (N/A) PLUS #: File#: ECPA-01-10 PART II - APPLICATION INFORMATION ® Map Amendment; and ® Text Amendment APPLICANT NAME:City of Spokane Valley, Community Development Department Ili MAILING ADDRESS: 11707 East Sprague Avenue, Suite 106 CITY: Spokane Valley STATE:WA ZIP:99206 PHONE: 509-720-5334 Scott Kuhta FAX:509-921- EMAIL:skuhta a(�spokanevalley.orq 509-720-5026 Karen Kendall 1008 kkendall @spokanevalley.org PROPERTY OWNER: N/A STREET ADDRESS: CITY: STATE: ZIP: PHONE: FAX: CELL: EMAIL: SITE ADDRESS: See attached PARCEL NO: COMPREHENSIVE PLAN DESIGNATION: City Center PROPOSED COMPREHENSIVE PLAN DESIGNATION: Mixed Use Avenue (MUA) ZONING DESIGNATION: City Center PROPOSED ZONING DESIGNATION: Mixed Use Avenue(MUA) BRIEFLY EXPLAIN REASON FOR MAP OR TEXT AMENDMENT(attached full explanation on separate sheet of paper): City initiated, site specific emergency comprehensive plan amendment to change the City Center (CC)comprehensive plan and zoning designation to Mixed Use Avenue(MUA);remove all language referencing City Center in the Sprague Appleway Corridors Subarea Plan (Subarea Plan)from Book 1: Community Intent,adopted as part of the Spokane Valley Comprehensive Plan; and Book 2: Development Regulations and Book 3: City Actions, adopted by reference in the Spokane Valley Municipal Code(SVMC). REVISED 2/2610 Page 3 of 4 CITY OF S p okane Valley. COMPREHENISVE PLAN AMENDMENT APPLICATION PART III - AUTHORIZATION ) t r7 (Signature of legal owner or applicant) CW(1\ ` e)l k ` (print name) swear or affirm that the above responses are mar thfully arid to the bye if my owledge. int(Si. atu e) , (Date) NOTARY STATE OF WASHINGTON) ss: COUNTY OF SPOKANE ) SUBSCRIBED AND SWORN to before me this ( day of k 7\.I 1 ;JLi , 20(6 NOTARY SEAL NO SI ATU E =":��0`0�\\\14\4Fjit IEEE "1/ Notary Public in and for the S ate o Washington ,. �ssibka 'iBi yr '-® 4tq,�� N Residing at: VP\ kC 00 q \Iv\-\� My appointment expires: t �� t LEGAL OWNER AUTHORIZATION: If the applicant is not the legal owner(s), the owner must provide the following acknowledgement; I, , owner of the above described property do hereby authorize— to represent me and my interests in all matters regarding this application. REVISED 2/2610 Page 4 of 4 Comprehensive Plan Application Questions: 1. The following are responses to the proposed comprehensive plan amendment; a. The proposed amendment bears a substantial relationship to the public health, safety,welfare, and protection of the environment; The City proposes an emergency amendment due to the deterioration of the economy and the resulting decreasing sales tax and decreasing property taxes. It is likely not possible to have a large investment company to contribute to build in the City Center. The proposed amendment offers additional opportunities to achieve economic growth by expanding the land uses available for further diverse development. This proposal supports the safety, health and welfare of the community by encouraging mixed uses that foster community identity next with pedestrian, bicycle and regional transportation services. b. The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the City's adopted plan not affected by the amendment; The state-wide planning goals and policies provide the basis for the City's Comprehensive Plan and guidance in the development of goals and policies. The proposed amendment will allow services to be expanded for appropriate in-fill development with the City of Spokane Valley. The City has adopted development regulations that are designed to address specific impacts related to new development such as off-street parking, landscaping, lighting, setbacks and height. The proposed amendment is consistent with the Growth Management Act. Adjacent land use designations are consistent with the proposed amendment. c. The proposed amendment responds to a substantial change in conditions beyond the property owner's control applicable to the area within which the subject property lies; The proposed amendment responds to the economic hardships of business to locate within City Center due to limited permitted uses. The crashing economy has also limited the interest in mixed use/town center developments on a national level by large scale investment companies and developers. The economic climate has lead to a substantial change in conditions. d. The proposed amendment corrects an obvious mapping error; or The proposed amendment does not correct a mapping error. e. The proposed amendment addresses an identified deficiency in the Comprehensive Plan. The proposed amendment alleviates the restrictions placed upon the area by the current zoning of the Sprague Appleway Corridors Subarea Plan (SARP). 2. The City must also consider the following factors prior to approving Comprehensive Plan amendments: a. The effect upon the physical environment; Page 1 of 3 The comprehensive plan amendment is a non project action under SEPA. At the time of the submittal of the building permit application, an additional SEPA review would likely be required to evaluate the impacts of the use(s) and proposed structure(s) on the physical environment. b. The effect on open space, streams,rivers, and lakes; There is no surface water body on or in the immediate vicinity of site. Balfour Park is the only designated open space within the proposed amendment area. c. The compatibility with and impact on adjacent land uses and surrounding neighborhoods; The proposed amendment is contiguous to a Mixed Use Avenue Comprehensive Plan designation on the east and west. To the north and south High, Medium and Low Density Residential as well as Community Boulevard Comprehensive Plan designations border the area. At the time of development, standards relating to fencing, screening, and landscaping will reduce impacts on adjacent low density residential designated properties by providing visual separation and physical buffers between land uses. d. The adequacy of and impact on community facilities including utilities,roads, public transportation,parks,recreation, and schools; The City of Spokane Valley addresses adequacy of community facilities on a citywide basis through capital facilities planning. Policy CFP-9.1 of the Comprehensive Plan recommends a concurrency management system for transportation, sewer, and water facilities. The City of Spokane Valley's Parks and Recreation Plan outlines an implementation strategy including a capital facilities plan, which identifies costs and revenue sources for new parks. At the time of the submittal of the building permit application, an additional SEPA review would likely be required to evaluate the impacts of the use(s) and proposed structure(s) on the physical environment in regards to transportation and schools. e. The benefit to the neighborhood, City, and region; The proposal would be consistent with the existing character of the neighborhood. This is an appropriate location to allow for infill mixed use development that can utilize services such as alternative transportation methods (public transportation) provide an opportunity to live and work in a close proximity and the beneficial location of commercial, auto oriented retail and office uses to serve the area. f. The quantity and location of land planned for the proposed land use type and density and the demand for such land; The Mixed Use Avenue zone district allows less density when compared to the City Center zone district. However, residential and commercial projections have been fairly conservative compared to maximum allowed density. g. The current and projected population density in the area; and Page 2 of 3 The current population of 736 dwelling units is projected to increase to over 3,000 dwelling units as calculated in the City Center Final Environmental Impact Statement(FEIS)for the Planned Action Ordinance. This projection would translate to the Mixed Use Avenue (MUA) designation. h. The effect upon other aspects of the Comprehensive Plan. The proposal would eliminate the only mapped area designated City Center within the City's Comprehensive Plan designation designated to serve as a social, cultural and economic focus for the City of Spokane Valley. Page3of3 O,1YOt COMMUNITY DEVELOPMENT DEPARTMENT 6poxane PLANNING DIVISION Valley Determination of Non-Significance (DNS) PROPOSAL:ECPA-01-10 DESCRIPTION OF PROPOSAL: City initiated, site specific emergency comprehensive plan amendment to change the City Center (CC) comprehensive plan and zoning designation to Mixed Use Avenue (MUA); remove all language referencing City Center in the Sprague Appleway Corridors Subarea Plan(Subarea Plan) from Book 1: Community Intent, adopted as part of the Spokane Valley Comprehensive Plan; and Book 2: Development Regulations and Book 3: City Actions,adopted by reference in the Spokane Valley Municipal Code(SVMC). APPLICANT: City of Spokane Valley Community Development Department, Karen Kendall; 11707 East Sprague Avenue, Suite 106, Spokane Valley,WA 99206; (509)720-5026 LOCATION OF PROPOSAL: The amendment area is boarded by Walnut Road to the west, Bowdish Road to the east, Main Avenue to the north and 4th Avenue to the south. LEAD AGENCY: Spokane Valley The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement(EIS)is not required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. DETERMINATION: ❑ There is no comment period for this DNS. ® This DNS is issued using the optional DNS process in WAC 197-11-355. There is no further comment period on the DNS. ❑This DNS is issued under WAC 197-11-340(2);the lead agency will not act on his proposal for 14 days from the date below. Comments must be submitted by RESPONSIBLE OFFICIAL: Kathy McClung, Community Development Director; 11707 East Sprague Avenue, Suite 106; Spokane Valley,WA 99206; (509)720-5300 DATE ISSUED: November 12,2010 SIGNATURE: a►.' .� �� �,l (.G APPEAL: An appeal of this determination shall be submitted to the Community Development rttnent w ithin fourteen(14) calendar days after the date issued. The appeal must be written and make specific factual objections to the City's threshold determination. Appeals shall be conducted in conformance with Section 17.90 (Appeals) of the Spokane Valley Municipal Code, and any required fees pursuant to the City's adopted Fee Scheduled shall be paid at time of appeal submittal. Pursuant to WAC 197-11-680, appeals shall be limited to a review of a fmal threshold determination. THIS DNS WAS MAILED TO: City of Liberty Lake,Community Development Spokane County,Fire District No.8 City of Spokane,Planning Services Spokane County,Regional Health District Spokane County,Boundary Review Board Spokane Transit Authority(STA) Spokane County,Building and Planning Spokane Regional Transportation Council(SRTC) Spokane County Division of Utilities—Info Svc Washington State Department of Ecology(Spokane) Spokane County,Clean Air Agency Washington State Department of Ecology(Olympia) Spokane County,Fire District No. 1 II Exhibit 3: Comprehensive Plan Map r:" i w 1 ensity •.esil eentia ': ; M m q-____ ,o —MEIN 7, mmm 11n111I1 �w .>--.5 �� Broadway Broadway Broadway Broadway Broadway Broadway Broadway p Gethsemane .d03roadwayBroadwa,: T -t Broadway o I'll „= ■ Neighborhood Commercial ko lip i■ ' Lutheran � I ■,I EElementary b Sprin_field .- ■ Low Density El Springfield■■I1 ��E� �� w 1111111 MSpr-ingfisld— Sp=�Springfield Residential E�mo��....� 3 It�� �� �Alilti 111A11ti11 i� iii Alki Alki ii.. 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Spokane Valley Planning Commission DRAFT Minutes Council Chambers— City Hall, 11707 E. Sprague Ave. December 9, 2010 I. CALL TO ORDER Chair Carroll called the meeting to order at 6:03 p.m. II. PLEDGE OF ALLEGIANCE Commissioners, staff and audience stood for the pledge of allegiance III. ROLL CALL Commissioners Carroll, Eggleston, Hall, Mann, Sands, Sharpe and Woodard were present. . Staff attending the meeting: Kathy McClung, Community Development Director; Scott Kuhta, Planner Manager; Cary Driskell, Acting City Attorney; Lori Barlow, Associate Planner; Karen Kendall, Assistant Planner; Gary Schimmels, Deputy Mayor; Dean Grafos, Councilmember; Brenda Grassel, Councilmember; Deanna Griffith, Administrative Assistant IV. APPROVAL OF AGENDA Commissioner Sands made a motion which was seconded and unanimously approved to accept the December 9, 2010 agenda as presented. V. APPROVAL OF MINUTES There were no minutes to approve. VI. PUBLIC COMMENT There was no public comment. VII. COMMISSION REPORTS Commissioner Woodard reported he had attended the City Council meetings. Commissioner Carroll stated that he had met with a citizen in regard to an upcoming proposed code amendment on adult retail use. VIII. ADMINISTRATIVE REPORTS Director McClung stated that during the next council meeting the Mayor would be announcing the new Planning Commission members. The director also stated that this would be Commissioner Eggleston and Sharpe's last meeting and thanked them for their service. IX. COMMISSION BUSINESS A. New Business: Study Session — Code Amendment CTA-09-10, Adult Retail Use Establishment Associate Planner Lori Barlow made a presentation to the Commission regarding the proposed code amendment to modify the definition of Adult Retail Use Establishment. Ms. Barlow explained the difference between an Adult Entertainment establishment and an Adult Retail Use Establishment. An Adult Entertainment Establishment example would be Deja Vu, they are required to follow different regulations and allows for viewing movies, arcades and live entertainment. These types of 12-09-10 Planning Commission Minutes Page 1 of 12 establishments are governed by the zoning code Chapter 19.80 and must be licensed according to Chapter 5.10, Adult Entertainment Establishments. An Adult Retail Use Establishment example would be Castle Superstore, where themed merchandise is for sale or rental. Adult Retail Use Establishments are governed by the zoning code,Title 19.80. The current definition is being proposed to be amended as follows -Adult retail use establishment: A retail use establishment which, for money or any other form of consideration, devotes a significant or substantial portion of stock in trade, to the sale, exchange, rental, loan, trade, or transferring, or viewing of adult-oriented merchandise. The retail use establishment may permit patrons to view the adult-oriented merchandise for possible purchase or rental, but such on- premises viewing shall not be in exchange for money or any other form of consideration. Ms Barlow stated that the issue at hand is that the final phrase in the original definition `the viewing of adult-oriented merchandise' is becoming difficult to say it does not allow the viewing of merchandise for sale or rental in an adult retail use establishment, and that you cannot charge money to do so. Both uses are allowed in the same zoning districts, but are regulated differently. The proposed language will remove the incentive to view the movies in the retail use establishments since they cannot charge money to do so. Commissioner Mann asked if an establishment showed a movie for free to get people in the door would that be would be ok? Acting City Attorney, Cary Driskell, stated that to look at the question in a different way: that if Blockbusters or Hastings were to show a movie up on the wall or if an Adult Retail Use Establishment were to do the same we could not tell them "no" because the City cannot differentiate based on the message. The appellate courts have stated that would be unconstitutional, it violates the first amendment regarding freedom of speech. The City has drafted the language this way in the definition in order to protect the first amendment and still restrict viewing in the retail use establishments. We cannot tell them they cannot view something, or that they can't look at the cover, that is considering viewing, and considered part of the decision to purchase or not purchase. Within the constraints of the first amendment and the case law, we can say they can show it, but cannot charge for it. The reason we can enact this regulation is that we have defined the conduct, `viewing of adult themed content for a charge' is adult entertainment. It has licensing requirements, it has different zoning requirements and from that aspect we have drawn the regulation as close as we feel we safely can within in the law. Commissioner Mann asked if the City was attempting to change behavior, in the retail use establishments? Mr. Driskell responded the City Council defined that activity,viewing for a charge, as being adult entertainment. It has been brought to the City's attention that that the "or viewing" can be interpreted in such a way that it allows that behavior to be conducted in a different zone. So this change is to simply identify which establishments this type of behavior will be allowed in. The goal is to clarify the definition, if the change in behavior would be a consequence of the change of the definition, then that would be something we could not control. Commissioner Sands asked about video media to be separate from other types of media. Would it be possible to define the media in another way? Mr. Driskell stated he thought that the amendment had been written in a way that is constitutional now and he would rather not rewrite it. However he stated he thought they could go back and look at it a little more closely,but he would have concerns about doing that. Commissioner Carroll asked if the proposed definition had not been tested in the court already, would the City be at risk if we changed it now? Mr. Driskell stated the prior definition had been tested for other challenges but did not believe it had been tested under these grounds so he has no great confidence that it would be upheld for that reason. Currently the City feels it can tighten up the regulation and if it needed to be enforced this regulation could be upheld. This is why staff is currently recommending this change. Commissioner Carroll said that `viewing' had been removed and then added back in to the definition, would it be better to say, not allowed for viewing on site? Mr. Driskell stated he could also look at that option,but would rather not. 12-09-10 Planning Commission Minutes Page 2 of 12 Commissioner Sharpe asked if this had been an issue or was staff just trying to clean up some items? Mr. Driskell stated it had been in issue. There have been complaints received by the City. Mr. Driskell stated he did not feel that the complaints received by the City were relevant to the Commission's consideration of this amendment. Mr. Driskell stated his opinion was that staff reviewed the issue, made the determination that the definition needed to be refined and are presenting that to the Commissioners for a recommendation. Commissioner Carroll stated he was concerned that we were still allowing viewing when we were trying to stop that. Mr. Driskell stated he did not feel that the City was trying to stop viewing, because there could be a constitutional issue with that. What the City is trying to do is stop the viewing for a charge, which is defined as adult entertainment elsewhere in the municipal code. Staff is attempting to harmonize the two code provisions. Commissioner Sands stated the same type of viewing could endanger staff or the community in those establishments if it is not regulated under the adult entertainment regulations. Mr. Driskell stated he would take a look at this issue and report back to the Commission. Mr. Driskell asked for clarification that the adult retail definition could be further amended to prohibit any viewing of adult video on adult retail zoned places? Commissioner Sands stated that the two places were not regulated the same. In adult entertainment establishments there are rules that regulate where viewing is allowed in certain places, certain circumstances, and protect the staff and community. In an adult retail there are not. Mr. Driskell stated he would look at this. B. New Business: Public Hearing — Comprehensive Plan Amendment, ECPA-01-10 Removing the City Center designation from the Sprague and Appleway Corridors Subarea Plan. Chair Carroll opened the public hearing at 6:27 p.m. Prior to the presentation, Ms. Kendall stated that written comments had been received from the following individuals: Dan and Marilyn Vollmer, Meg Kreiner, Chester Nelson, Bruce Robinson, Jeff Brooks, Sabrina and Thomas Gonder, Tim Hatton, Jim and Joan Nolan, and Richard Behm. Ms. Kendall then summarized the comments regarding the Subarea Plan, the City Center District zone and car lots in the City Center zone. Assistant Planner Karen Kendall made a presentation to the Planning Commission regarding ECPA-01-10. Ms. Kendall began her presentation with the reasons the City Council has stated in declaring an economic emergency for this Comprehensive Plan amendment. An emergency can be declared by a jurisdiction to process an amendment outside of the regular once a year time frame in which the City normally processes Comprehensive Plan amendments, but it does not allow any of the other normal time frames, like noticing, hearings or to be waived. This is the first time the City has declared an emergency to process a Comprehensive Plan amendment. 1. In the last 12 months, since the adoption of the Subarea Plan, the City's revenue forecast has continued to deteriorate. Specifically, sales taxes are projected to decrease by $400,000 from 2010 to 2011, and property taxes by $100,000 from 2010 to 2011. Funds available from the real estate excise tax have decreased from a high of approximately $2.2 million in 2007 and 2008 to approximately $900,000 for 2010 and 2011. 2. Funds for significant private development are not as available and significant failures of large commercial investments within the City have occurred. 3. The economic development anticipated by the Council when the Ordinance adopting the Subarea Plan was passed in June of 2009 has not occurred. 12-09-10 Planning Commission Minutes Page 3 of 12 4. The restrictions on development within the City Center zone, as well as the design requirements, contemplate significant public investment involving both the purchase of property and construction of a City Hall as well as adjacent infrastructure improvements. The projected 2011 budget does not contemplate the purchase of any property within the City Center zone and funds available for the construction of City Hall are projected to be reduced by $2.2 million to fund other capital projects. 5. Because there is little likelihood that any significant investment will occur by the City, the City Center zone, as currently configured and restricted, creates significant immediate economic hardships for the property owners within that zone. Based upon these facts an emergency exists and an immediate change to the Comprehensive Plan pursuant to the RCW 36.70A.130 (2)(b) set forth above may be appropriate. The Comprehensive Plan amendment proposal is to change the area currently designated as City Center district zone in the Sprague and Appleway Corridors Subarea Plan from City Center to Mixed Use Ave District Zone. Ms. Kendall also reviewed the development standards between the two different zones. Ms. Kendall stated, based on the information provided by the declaration of the emergency by the City Council, the staff recommends approval of this amendment. Commissioner Eggleston asked why staff was recommending approval of this proposal. Ms. Kendall responded that this is a directive from the City Council to proceed with this amendment. Also, based on the current economic condition, and lack of community support to move forward at this time with a City Center, by changing this area to Mixed Use Avenue would provide more flexibility in the development standards. Commissioner Eggleston followed up with another inquiry, wondering if there had been the same amount of time and effort and out pour from the public in recent times to cause this "lack of public support" compared to the hundreds of hours and days, weeks and months of creating the Subarea Plan? Mr. Eggleston stated that from what he could derive it was infinitesimal in comparison. He said the creation of the Subarea Plan is far better put together and thought out than the current public pressure to dismantle it. Mr. Eggleston asked to have someone help him to understand this difference. Mr. Carroll asked if any additional surveys had been done. Ms. Kendall stated that she was not aware of any other surveys. Planning Manager Scott Kuhta stated he would like to address Mr. Eggleston's question, regarding the amount of work that has gone into the creation of the Subarea Plan. Mr. Kuhta stated that since the adoption of the Subarea Plan, a majority of the City Council was newly elected, and they have gone down the path to review the Subarea Plan in great detail. Staff has spent a great deal of time going through each zone, district by district. There was testimony at the City Center zone about the impacts of the uses in that area, of how the current economy is affecting the area. In the long term staff would recommend that the City needs a City Center in this community. However, staff must balance that with the short term concerns that were heard consistently through the process along with the direction of the current City Council. Staff believes at this point and time that the best thing for this community is to have some more flexible zoning in this corridor. Mr. Kuhta stated that hopefully over time staff will be able to revisit the idea of a City Center. Mr. Kuhta said that specifically based on the question of how much time has gone into this amendment, not nearly the time and effort that went into the original analysis for the 12-09-10 Planning Commission Minutes Page 4 of 12 original recommendation. Mr. Eggleston asked in summary the hours that went into creating the Subarea Plan is far greater that the thought and hours that were put into making this emergency recommendation? Mr. Kuhta responded that would be a fair statement from staff's perspective. Mr. Carroll asked for the expected time of development of the City Center, 10 years or more. Mr. Kuhta responded that would be a good long term proj ection. Mr. Eggleston asked if the Mixed Use goes into effect and then City Center concept is thrown out the window, and buildings are constructed, what is the average lifetime of a building that is constructed in the City Center area? How long do commercial buildings last? Mr. Kuhta stated it depends on the economics and demand. Mr. Eggleston stated that what Mr. Kuhta said was that the life time of a building standing is decades, 15-50 years. Mr. Kuhta said he believed it depended purely on the demand for that land for a different use. Mr. Woodard asked that if this is amendment is approved, is there anything that would preclude the City from designating a City Center in the future?, somewhere other than at Sprague and University? Ms. Kendall responded that there was nothing that she was aware of A City Center will remain within the City's Comprehensive Plan, to allow the possibility in the future. Mr. Woodard asked to clarify that it did not need to be at Sprague and University, could it be moved to another part of the City? Ms Kendall stated that could be done. Commissioner Sands stated there was a great deal of public input when developing the City Center, is there any talk of putting this idea to a vote? Director McClung stated that would need to be a City Council decision. • Commissioner Hall asked staff if they felt they had a truly statistical valid survey on this issue? He also asked if that would be the next most appropriate step. Mr. Hall stated that he would like to know for accuracy what the community wants. Mr. Eggleston stated that in an earlier question the answer was that there has been no survey since the 2004 Clearwater survey. Chair Carroll read the rules for public testimony. Richard Behm, 9405 E Sprague Ave.: Mr. Behm stated he owns commercial property at the address given, which is in the Mixed Use zone. Mr. Behm stated he wishes his property was in the City Center zone, he believes it would add value to his real estate if he were there. Mr. Behm stated he did not believe this was an emergency, by any stretch of the imagination, not for the reasons given. At the City Center meeting, and he attended each of the Subarea Plan zoning meetings all year long, there were very few criticisms of the zoning problems within the City Center zone. There was no demand at that time for change to Mixed Use. In fact the City Center zone had less comments about the requirements than the other zones. Mr. Behm stated he felt that was very interesting. Mr. Behm stated the Clearwater report was done in 2004 and it is very specific and very well done. Mr. Behm stated that off the top of his head between pages 20 and 30 there are 6 or 7 pages that report the desires of the citizens for an identity for the City of Spokane Valley and a City Center and over whelmingly they chose the University City area. It wasn't specific to University City but University and Sprague. It very well documents the desires of the citizens of the City of Spokane Valley and what they wanted for the future of our City. If indeed the City Council does not want to reply on that, then he stated he thought 12-09-10 Planning Commission Minutes Page 5 of 12 they should ask Clearwater to update that report to find out what the desires of our citizens are right now. Not to throw it away and say that's not any good. Mr. Behm stated it was very well done and many of the citizens count on that report in their own planning. Mr. Behm stated that only one property owner asked for a zone change in the City Center, on the west side of the City Center zone to build an auto lot. Mr. Behm also stated that during the discussion at the City Council meeting, one council member stated `why don't we just eliminate the whole City Center zone'. Mr. Behm stated that this suggestion was voted on, by the Council, and sent to the Planning Commission with no discussion for public input. Mr. Behm stated he did not feel that was the way the City should operate. Mr. Behm stated he was really, really upset about this. Mr. Behm stated he worked many years and very hard, and that he was involved in practically everything, in creating this City, and that this is not the way to run things. Mr. Behm stated that if `we' want to see what the citizens want, then the Clearwater report should be updated if`we' do not want to rely on it. Karla Kaley, 10516 E Main Ave.: Ms. Kaley stated she and her husband, Richard, own a property management company in Spokane Valley and have owned property in the Spokane Valley for more than eight years. Ms. Kaley stated she and her husband moved to this area deliberately and on purpose with the promise and potential that they saw in this area. She stated they have lived in four western states. Ms. Kaley said she has seen firsthand what can happen when Cities have short sighted, narrow minded planning in our local communities. She said she has watched this city struggle with the shoes that were created, approximately seven years ago. The city serves the needs and colors the futures of 86,000 people and growing. The city is approximately 42% of Spokane. We think we are small, we think we are insignificant, and yet we are 42% the size of Spokane, already, after 7 years. Spokane is the second largest city in Washington, it is 3rd largest city in the entire Pacific Northwest from a municipality stand point. In 2013, when the Federal Government combines the likely combination of Spokane and the Coeur d'Alene areas for planning, statistics and budget purposes we will create a scenario that could result in the 4th largest metropolitan area in the United States. What does this mean? This means we will meet the criteria for attracting Fortune 500 companies to this area. And we need to do this right and we have the opportunity to do it now. We talk about the economy, we talk about the things and how they are, this emergency that we have and waiting to do a City Center. The time is right now. There is simply no reason why the City of Spokane Valley cannot be cooperative even competitive with the City of Spokane and Liberty Lake and our neighboring communities and attract these businesses. But you need a plan. And the plan includes the Subarea Plan and that provides a City Center and without a City Center you are not a City. Without a City Center and not being a City you cannot attract businesses and it is that simple. By supporting the emergency zone change before you, you are essentially killing the Subarea Plan and eliminating our chance for a City Center. You have asked the question twice and I've been in both meetings. The answer to your question, does this prevent us from having a City Center in the future is yes. And it is not because it is a zoning problem, or a state regulation or a planning commission issue or even a public issue. It is a practical issue. If you don't provide the space and the planning and the mechanism for doing it, you will have back in-fill, infiltration and the hodge podge that we have right now, with the composite planning that we grew out of the County in the first place to become a City. If you want to continue with the look that we have right now,just do what you are proposing to do to do today or been asked to do by the City Council and support the declining, unappealing properties we have lining our City corridor. The 12-09-10 Planning Commission Minutes Page 6 of 12 Subarea Plan was three years in the planning, a million bucks. It is one year in the implementation phase. I don't know the last time anybody read this, but I read this a couple of weeks ago. There is some really good stuff in here. You got your million bucks worth. Everything you need to build a cake is right here. You got the ingredients, you got the planning, you got the chemistry, you got the science, you got the technology, maybe you don't like the flavor, maybe you don't like the color of the frosting, ok let's fix that. But you got your money's worth. This is your road map, this is your plan for the City of Spokane Valley's future. Its purpose is sound. Its purpose is to address retail uses and issues that bring in money for our economy. It addresses the appearance and the concerns that investors have for image and ascetics along the corridor and it addresses new development and what it is going to look like. So here is what I would like to propose for you. You have more options than what you have been given by staff. I would like to support part of those. Don't be fooled by the idea that this is an emergency. Ok, don't be fooled. Don't be afraid of the economy. Here's why. Ms. Kaely stated 9 different cases of businesses expanding or growing in and around the area, Trader Joe's, Red Lion Vandervert, The City of Cheney, Spokane Tribe of Indians, Rockwood South Hill expansion, Greenstone projects. They are not here because our City does not have its act together. Not because we have the Subarea Plan, not because of architectural standards that are too onerous, not because we don't like our setbacks or because of signage. We just don't have our act together as a City and we are not doing anything for economic development. I would like to help change that. Here is what I would like to propose. Keep the City Center plan in place but do your modifications. There are lots of parts I don't like either, and I would like to help if I could. But the flaws in this plan are not fatal. Let's not throw the baby out with the bathwater, and it is not worth throwing a million dollars down the drain. I propose you make this modification using something I have not heard yet or seen yet. A community stakeholder process. I have participated in them before in other states. You get a community group together, you invite them. You have strategic, surgical goals. The purpose of surgical is deliberate finite and focused. You give them two to four months to get their act together and come back viable recommendations and suggestions for changes and you have those stakeholders composed of the public and interested experts. Like experts in architecture might be one group, signs and setbacks could be another group., parking and open spaces another group, economic development another group and the most important that I don't hear anything about. In all of these City Council meetings nobody's doing much that I see. So in closing given the development stage that our city is in, seven years but we are still an infant really, you have a more important job than the City Council does. The most important job we have right now as we are growing and developing our City is to deal with the local land use issues and as the Planning Commission it is your job to assist in determining the highest and best use of that land, to assure that adjacent land uses are compatible. That is part of what the Subarea Plan does, in conjunction with the overall Plan. You can't do this without a reasonable plan and you can't do it without a City Center and you can't wait 10 years for a City Center. I respectfully and courteously request that you do not approve the proposal you have before you today but instead explore more options. Especially more options that take a much more active role in economic development. Phillip Rudy, 5647 N Fruithill, 720 N Argonne Rd: In my opinion stability is a huge factor. You talk about economic downturn. Now is the time to make investments. You can buy land cheap, maybe. But not too many things have been said about changing hands 12-09-10 Planning Commission Minutes Page 7 of 12 on East Sprague. But not too many things have been said about that but I think that is because people are waiting to see what is really going to happen. They are hoping for stability in their government and in the decision that is going to be made. In my opinion in the last few years the City Council has spent a lot of time to put City Hall or City Center in one spot. In my opinion and I say this positively and complimentary, they should have had the big boys, and I am talking Magnusson, Pring and Douglass duke it out as to whether they wanted to have City Hall. I think you would have had a better project rather than have City Council say we want City Hall at this one spot. What they did was eliminate their ability to negotiate a decent price. You need stability in government and government decisions. If you do throw everything out I think that the most important thing that has come out of the Subarea Plan, and it is this one thing and I have been talking about it, I think the most important thing of the Subarea Plan for economic reasons, for development reasons, for safety of neighborhood reasons, and for environmental reasons is that the roads be two-way all the way on Sprague Ave and on Appleway. Dwight Hume, 9101 Mt View Lane: Listening to the questions asked by the Planning Commission I am reminded that you are looking for the public that was in support of the Subarea Plan. Indeed there were a lot of people in support of the Subarea Plan, but there were a lot of people, who we all know in land use, if they are neutral or not in favor of it, you don't see them here. And they spoke and they spoke when they voted the council in that is here. They all campaigned against the Subarea Plan. They got voted in, they got voted in by that public that you don't see and don't count noses. This Council said they wanted to get rid of the Subarea Plan. They have ordered the staff to review and consider that and for whatever reasons to have an emergency ordinance declared and you know the story that is going on here with the City Center elimination. I don't think it is a matter of revisiting the Subarea Plan and whether there are enough statistics to put on the scale to equal the weight of what was done. That is a moot point. This legislative body said we want to get rid of it and this is a recommending body not another council. You are here to assist, to facilitate through hearings, conduct public meetings, this is a public meeting, there is not standing room only here to try and protect City Center. So read what is currently going on, not what you remember. The new council is saying something entirely different than what the previous Council did. Yea, I am against the Subarea Plan, it is impractical to put it in just a portion of the City. All of this economic growth that has been in the paper in the last two months, none of it is inside the Subarea Plan. That is not why it is happening. That is not a reason to preserve the Subarea Plan. Because everything I have heard about it, it is going to be difficult to attract people to something that is more expensive to build in especially in the recession we have. Robert Olson, representing H&H Molds at 119 S Adams: I have had several clients in the last week talk to me about Spokane Valley and I did not have an answer for them. I told them I was going to meetings. I think they would like to invest. I think the passion of this lady is phenomenal, but the Subarea Plan isn't the answer. It's direction from staff, or from City Council or Planning Commission of what you are going to do with Spokane Valley. There are developers, there are outside businesses that would love to do business in Spokane Valley but they don't know what it is going to look like for their business in the future and how to grow. I know I have talked to past City Council members, have mentioned, well this doesn't affect your property. But you look at the Subarea Plan or you look at a plan and it does affect. Don't tell me one thing and do another. The last year, I have been looking at all the studies, all the history, the past notes of the seven years of the 12-09-10 Planning Commission Minutes Page 8 of 12 lady was saying, was revisiting, there are a lot of mixed messages, mixed signals, they are opted out of it, or making some deals on the side or saying some things. And that has been the biggest frustration in Spokane Valley. And I thought you should hear it first hand from developers saying to me, `Bob, I would like to put a big box store in the Valley, but I am not going to, because what side of the street are they going to impose certain regulations, and what is it going to look like for taxes' and I have had to deal with issues with tax. I just want to say just representing a lot of businesses out here in Spokane Valley or prospective businesses that your decisions matter and you really need to listen to the property owners and think about your decisions and how it affects. You are a beautiful city and I think you have a long way to go. And you have beautiful land, you got a river, you got more land river property than anybody else, and it is beautiful out here and it is flat and people like it, and you know the history of Spokane Valley, I just want to say that the decisions you are about to make are very crucial for the livelihood of the future. As she pointed out they want to invest but they want to know what the return on investment is going to be. Steven Neill, 10820 E. 18th: the one thing I have noticed about the people speaking in favor of the Subarea Plan is that they have a vested interest in it. They stand to gain financially. I don't, I am just a normal Joe, who lives up on 18th, who can't get to the freeway, unless I go down Sprague or unless I go down Argonne. Thought this is not talking about returning it to a two-way, too much, to do that, would delay my trip a tremendous amount. I have lived in the Spokane area for over 30 years. I know Sprague, I remember the way it was when it was two way. I know the traffic jams, I remember it all. People can't deceive me or confuse me on that. I remember it. This to me is an important step in saying enough of the Subarea Plan, enough of this whole thing. It was mentioned that people spent a lot of time and money on the Subarea Plan. Well, having lived here this long, I don't recall a large turnout of people asking for the Subarea Plan, or asking for a opportunity for a City Center or anything else. I haven't seen it. In my mind the decision, the poll if you will for where the people stand was decided this November, where three new City Council members were elected on totally against the Subarea Plan policies. That's your poll, that's your direction from the people. I think that it is wrong to be directed by a few, certain people, who stand to gain financially from this. If there is anything to be done, I think an actual poll would be good. Or just put it out to the people. Vote for it, get it over with, end the garbage and get it over with. That way you would know where the people are at. Susan Scott, 205 S Evergreen Rd. (business location): I would first like to speak to the Clearwater survey. A whopping 69% agreed that the Sprague/Appleway couplet was useful improvement to the overall roadway system in Spokane Valley, yet the Subarea Plan calls for return to two-way traffic on that portion between University and Argonne at considerable public expense. In my opinion that significant detail such as the massive rezoning and the public and private cost to implement such an undertaking been disclosed upfront and understood and disseminated to the public a considerable amount of time and money could have been saved. I believe there were flaws throughout the entire process that lead to the adoption of the Subarea Plan. The Planning Commission has an opportunity this evening to begin to address and correct some of those flaws. I sat in the cheap seats and observed every hour of the Planning Commission deliberations on the Subarea Plan. There was an overwhelming amount of information to review in a very limited amount of time. There was a sense of urgency that over rode any in-depth analysis of the actual impact of the plan. I found that the need for the plan was over stated by completely 12-09-10 Planning Commission Minutes Page 9 of 12 ignoring the existing centers and segments style of zoning introduced in our 2007 Comprehensive Plan zoning and instead the 2003 zoning inherited from the County was used as the base line. Critical questions were often asked and put off for later and never answered. Others were answered with casual antidotal information clearly lacking any real research or hard evidence. I found it interesting that in the final analysis of the plan there was never the option to do nothing. Proof of public support was based on cherry-picking questions from a 2004 survey and siting over 60 public participation meetings that were so lacking in substantive data and detail they were little more than dream sessions. Public opposition was ignored. 85% of citizen comment and testimony for the public hearings was in opposition but the City Council went on and adopted the plan by emergency ordinance with the disclaimer that we will work the bugs out later. Tonight is later. As the facts of the plan have come to light, with the prospects of a City Hall and City Center at that location unsupportable, tax payers, landowners and businessmen are beginning to see the inherent dangers to property rights and problems with the new form based code. We need a plan that tells the citizens what they can do, not what they must do. There is a very real emergency to begin addressing the real economic concerns of the corridor, starting with the City Center district. This is an opportunity, not only to mitigate some of the damage caused by the errors and omissions that lead to the adoption of the Subarea Plan but to bring jobs and much needed investment to our City. Thank you. H Jim Magnusson, (Mr. Magnusson asked to have this letter read into the record, letter originally sent to Council) I am writing on behalf of the U-City Incorporated, owner of real property in Spokane Valley. I am writing with respect to the Council's consideration for zoning in the University City area. The new zoning adopted should be pre-City Center and pre-Sprague Subarea Plan zoning. The property needs to be a flexible commercial zoning to enable redevelopment to increase tax base and create more jobs. Broad commercial zoning is appropriate and compatible with existing commercial uses, traffic and arterials in the area. As such I would urge you to adopt flexible broad commercial and apply this to the area going forward. Chair Carroll closed the public hearing at 7:13. The Commission then took a break, and returned at 7:25 p.m. Commissioner Eggleston made a motion to recommend denial of ECPA-01-10 to the City Council. Motion was second by Commissioner Sands. Deliberations between the Commissioners included the following thoughts. Supporting the motion • Fail to plan, is planning to fail. • Need to have a stable plan for the future. • Plenty of time spent with public meetings and planning to adopt the plan. No time spent to dismantle. • The City needs a City Center. • City needs a heart, with no heart the City dies, economic challenges have nothing to do with decision. • Our City is young and needs guidance, leadership and planning. • The Subarea Plan is good for economic development. • People without vision want to go backwards. 12-09-10 Planning Commission Minutes Page 10 of 12 • Commissioners do not feel this is an emergency. • Commissioners would like to have an updated, scientific survey of the community before eliminating the only plan the City has. • Does the Plan need changes, and can it be changed? It can but we need to have something to move forward with. • In favor of a City Center but not sure current location in the Subarea Plan is the correct one. • People don't want to locate businesses here because we keep changing our minds and they don't know what we are going to do next, it has nothing to do with the Subarea Plan. • Not allowing more than a year for a plan to implement and develop is short-sighted • Plan can be changed to allow for success instead of eliminating the City Center • Declaring an emergency is reckless • Felt the consultant listened to the community and was detailed in incorporating city vision • Only city's indecisiveness is causing economic problems. • Do not want to make a knee jerk reaction, economy is getting better. • Lack of vision is the reason the plan and City Center zone is not working. • Eliminating the City Center zone indicates we are no longer a City. • Plan is the basis for decisions, absence of a plan allows for no basis for guidance. • City Center needs to be closer to the river • City needs an identity • Would rather modify the proposal, instead of deny • Proposal driven by one property owner who can't do what he wants to do and had the money to make this change. • Change is inevitable. Spokane Valley does not want change. • Not enough input from the citizens Against the motion: • Commissioners felt the Plan is too big, not a vision of the community, • Felt center of the community is someplace else, not at University and Sprague. • Need a plan for less than 10 years not more than 20 years. Don't have 20 years to wait. • Only one permit issued along Sprague in the last year. • Plan is too big • Form based zoning is a fad, does not work for this area • Plan makes too many businesses non-conforming • Size of the City Center zone is too large currently Vote on the motion to recommend denial of emergency Comprehensive Plan amendment ECPA-01-10 to the City Council. In favor, 5, Against, 2 — Commissioners Sharpe and Woodard dissenting. Acting City Attorney asked the Chairman if he would like staff to prepare findings and conclusions to send forward to the City Council. Chair Carroll then asked staff to prepare the findings for signatures, based on this motion. 12-09-10 Planning Commission Minutes Page 11 of 12 C. Election of Officer for the year 2011: Commissioner Eggleston nominated John Carroll to serve as Planning Commission Chairman for the 2011 year. Seconded by Commissioner Joe Mann. Vote is 6 in favor, 1 against, with Commissioner Woodard being the dissenting vote. Motion passes, John Carroll Chairman of the Planning Commission for 2011 Commissioner Eggleston nominated Marcia Sands to serve as Planning Commission Vice- Chairman for the 2011 year. Seconded by Commissioner Joe Mann. Vote is unanimous. Motion passes Marcia Sands Vice-Chairperson of the Planning Commission for 2011 X. GOOD OF THE ORDER Commissioner Carroll stated that he would like to thank Commissioners Sharpe and Eggleston for their years of service to the community and for serving on the Planning Commission. XI. ADJOURNMENT The being no other business the meeting was adjourned at 8:36 p.m. SUBMITTED: APPROVED: Deanna Griffith, Administrative Assistant John G. Carroll, Chairperson 11 ) 12-09-10 Planning Commission Minutes Page 12 of 12 DRAFT ADVANCE AGENDA For Planning Discussion Purposes Only as of December 29, 2010; 2:30 p.m. Please note this is a work in progress; items are tentative To: Council & Staff From: City Clerk, by direction of City Manager Re: Draft Schedule for Upcoming Council Meetings January 11 2011,Formal Meeting Format,6:00 p.m. [due date Mon,Jan 3] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. First Read Proposed Emergency Ord Amending Comp Plan Map(City Center)—Karen Kendall(10 minutes) 3. First Read Proposed Emergency Ord Amending Comp Plan Zoning Map (City Center)—K.Kendall (10 minutes) 4. Proposed Resolution Amending Resolution 08-024 Petty Cash—Ken Thompson (5 minutes) 5. Motion Consideration: Senske Contract—Mike Stone (10 minutes) 6. Executive Session: Pending Litigation [*estimated meeting: 40 minutes] January 18,2011, Study Session Format,6:00 p.m. [due date Mon,Jan 10] 1. Advance Agenda (5 minutes) [*estimated meeting: minutes] January 25,2011,Formal Meeting Format,6:00 p.m. [due date Mon,Jan 17] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Second Read Proposed Ord Amending Comp Plan Map(City Center)—Karen Kendall (10 minutes) 3. Second Read Proposed Ord Amending Comp Plan Zoning Map (City Center)—Karen Kendall (5 minutes) 4. First Reading Ordinance Regulating E-Cigarettes—Cary Driskell (15 minutes) 5. Admin report: Code Text Amendment,Adult Retail Uses—Lori Barlow (15 minutes) 6. Info Only: Dept Reports [*estimated meeting: 50 minutes] February 1,2011,Study Session Format,6:00 p.m. [due date Mon,Jan 24] 1. Advance Agenda (5 minutes) Feb 8,2010, Special Mtg: Retreat, 8:30 a.m.—3:30 p.m. CenterPlace,Rm 213 [due date Mon Jan 31] Tentative topics include: Economic Development Snow Removal Business Work Plans Law Enforcement Goals Budget Goals February 8,2011,Formal Meeting Format,6:00 p.m. [due date Mon,Jan 31] Proclamation;Kiwanis Children's Cancer Cure Month 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Second Reading Proposed Ordinance Regulating E-Cigarettes—Cary Driskell (15 minutes) 3. First Reading Proposed Ordinance Amending Adult Enter.(Retail)— Cary Driskell (10 minutes) 4. Admin Report: Chickens in Residential Areas— Christina Janssen (15 minutes) [*estimated meeting: 45 minutes] February 15,2011, Study Session Format,6:00 p.m. (possible no meeting) [due date Mon,Feb 7] Draft Advance Agenda 12/30/2010 11:21:53 AM Page 1 of 3 February 16-17: City Legislative Action Conference(CLAC) Olympia, Washington February 22,2011,Formal Meeting Format,6:00 p.m. [due date Mon,Feb 14] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Second Reading Proposed Ordinance Amending Adult Enter.(Retail)— Cary Driskell (10 minutes) 3. Info Only: Dept Reports [*estimated meeting: minutes] February 25, 2011:Spokane Regional Council of Governments 9:30 a.m. —12:00 p.m. Spokane County Fair&Expo Center, Conference Facility in Expo Complex, 404 NHavana March 1,2011,Study Session Format,6:00 p.m. [due date Mon,Feb 21] March 8,2011,Formal Meeting Format,6:00 p.m. [due date Mon,Jan 28] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) NLC Congressional Conf, Wash.,D.C. March 12-16 March 15,2011, Study Session Format,NO MEETING_('Council attends NLC Conference) March 22,2011,Formal Meeting Format,6:00 p.m. [due date Mon,March 14] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Info Only: Dept Reports [*estimated meeting: minutes] March 28, 2011, 9 a.m. —noon;Special Joint Meeting with City of Spokane Exact meeting time TBD. Exact meeting place at City of Spokane TBD. March 29, 2011, Study Session Format,6:00 p.m. [due date Mon, March 21] April 5,2011, Study Session Format,6:00 p.m. [due date Mon,March 28] April 12,2011,Formal Meeting Format,6:00 p.m. [due date Mon,April 4] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) April 19, 2011,Study Session Format,6:00 p.m. [due date Mon,April 11] April 26,2011,Formal Meeting Format,6:00 p.m. [due date Mon,April 18] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Info Only: Dept Reports ['estimated meeting: minutes] Draft Advance Agenda 12/30/2010 11:21:53 AM Page 2 of 3 OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: Alternative Analysis (contracts) Bidding Contracts (SVMC 3. —bidding exceptions) Budget 2012 (August/Sept 2011) Capital Projects Funding CDBG(Fall 2011) Centennial Trail Agreement Clean Air Agency Comp Plan Amendments 2011 (March/April) East Gateway Monument Structure # Governance Manual (resolution) Update Lodging Tax Funding for 2012 (Oct 2011) Milwaukee Right-of-way Outside Agencies 2012 (August 2011) Parking/Paving Options (for driveways, etc.) Permit Tracking System Railroad Quiet Zones Reimbursement Assessment Amendment Retreat, Summer 2011 School Flashing Lights (Bowdish, etc.) Signage (I-90) Site Selector Update Solid Waste Amended Interlocal Speed Limits Sprague Appleway Corridor Environ.Assessment Sprague Avenue: One-way vs.two-way Street Maintenance Facility Transp Improvement Plan (6-yr, May/June 2011) WIRA,Water Protection Commitment,public education # =Awaiting action by others * =doesn't include time for public or council comments Draft Advance Agenda 12/30/2010 11:21:53 AM Page 3 of 3