Loading...
Ordinance 11-021 Recycling Facilities in various zones CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 11-021 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON AMENDING SPOKANE VALLEY MUNICIPAL CODE TITLE 19.120 PERMITTED AND ACCESSORY USES; SECTIONS 19.60.050B, 19.60.060B, 19.060.080B OF THE SUPPLEMENTAL PERMITTED USE REGULATIONS; APPENDIX A, DEFINITIONS,AND OTHER MATTERS RELATED THERETO. WHEREAS, the City of Spokane Valley (City) adopted the Uniform Development Code (UDC) pursuant to Ordinance 07-015, on September 25,2007;and WHEREAS,the UDC became effective on October 28,2007; and WHEREAS, after reviewing the Environmental Checklists, the City issued a Determination of Non- significance (DNS) for the proposals, published the DNS in the Valley News Herald, posted the DNS at City Hall, and at the main branch of the library, and mailed the DNS to all affected public agencies; and WHEREAS,the City provided a copy of the proposed amendment to Washington State Department of Commerce(DOC)initiating, a 60-day comment period pursuant to RCW 36.70A.106; and WHEREAS, the amendment, as is set forth below, bears a substantial relation to the public health, safety and welfare and protection of the environment; and WHEREAS,on October 13,2011,the Planning Commission reviewed the proposed amendments; and WHEREAS, on October 27, 2011, the Planning Commission held a public hearing and received evidence, information,public testimony, a staff report and with a recommendation; and WHEREAS, on October 27, 2011, the Planning Commission deliberated and provided a recommendation; and WHEREAS,on November 15,2011, City Council reviewed the proposed amendments; and WHEREAS, on November 29, 2011, City Council considered a first ordinance reading to adopt the proposed amendment. NOW THEREFORE,THE CITY COUNCIL SPECIFICALLY ORDAINS AS SET FORTH BELOW: Section One: SVMC Title 19 shall be amended as follows: 19.60.050C,Community Commercial district. A. The Community Commercial classification designates areas for retail, service and office establishments intended to serve several neighborhoods. Community Commercial areas should not be larger than 15 to 17 acres in size and should be located as business clusters rather than arterial strip commercial development. Community Commercial centers may be designated through the adoption of the Comprehensive Plan, Comprehensive Plan amendments or through subarea planning. Residences in conjunction with business and/or multifamily developments may be allowed with performance standards that ensure compatibility. Ordinance 11-021, Code Text Amendment, Recycling Facility Page 1 of 4 B. Supplemental Permitted Use Regulations. 1. Indoor kennels, doggie day care facilities and kennels associated with veterinarian clinics; provided, that: a. There are no outside runs or areas; b. The structure(s) housing animals is adequately soundproof to meet the requirements of Chapter 173-60 WAC; c. One parking stall provided for every 10 animal confinement areas; and d. Compliance with noise standards for a commercial noise source as identified by WAC 173-60-040 has been demonstrated by the applicant. 2. Wind turbine support tower provided the provisions of SVMC 19.40.110 are met. 3. All storage in the C district shall be within an enclosed building; provided, that retail products which are for sale or rental may be displayed outdoors during business hours only, so long as the storage does not occur within any required front or flanking street yard or in any public street or right-of-way. Vehicles, machinery or other items normally displayed for sales purposes on an open lot may be so displayed. No inoperable or not currently licensed vehicles or remnants thereof shall be stored or displayed out of doors. 4. Recycling facility; provided that: a. All recyclable materials and equipment must be contained indoors; b. All activities must meet the noise requirements of SVMC 7.05.040L; c. When adjacent to an existing residential use or residential zone, screening in SVMC 22.70.030B shall be required; d. The site must have frontage on an existing arterial or state highway and access will be limited to such frontage; and e. No dangerous or hazardous materials as defined in SVMC Appendix A shall be recycled or processed on site. 19.60.060 RC,Regional Commercial district. A. The Regional Commercial designation allows a large range of commercial and business uses. Community design guidelines address design quality, mixed use, and the integration of auto, pedestrian, and transit circulation. B. Supplemental Permitted Use Regulations. 1. Caretaker dwelling unit limited to custodial, maintenance, management or security of a commercial property. 2. All storage in the RC district shall be within an enclosed building or within an area screened by a Type I screen consistent with the provisions of SVMC 22.70.030; provided, that retail products which are for sale or rental may be displayed outdoors during business hours only, so long as the storage does not occur within any required front or flanking street yard or in any public street or right-of-way. Automobiles,recreational vehicles, machines and other items normally displayed for sales purposes on an open lot may be so displayed. 3. Indoor kennels, doggie day care facilities and kennels associated with veterinarian clinics; provided, that: Ordinance 11-021, Code Text Amendment, Recycling Facility Page 2 of 4 a. There are no outside runs or areas; b. The structure(s) housing animals is adequately soundproof to meet the requirements of Chapter 173-060 WAC; c. One parking stall provided for every 10 animal confinement areas; and d. Compliance with noise standards for a commercial noise source as identified by WAC 173-60-040 has been demonstrated by the applicant. 4. Recycling facility; provided that: a. All recyclable materials and equipment must be contained indoors; b. All activities must meet the noise requirements of SVMC 7.05.040L; c. When adjacent to an existing residential use or residential zone, screening in SVMC 22.70.030B shall be required; d. The site must have frontage on an existing arterial or state highway and access will be limited to such frontage; and e. No dangerous or hazardous materials as defined in SVMC Appendix A shall be recycled or processed on site. 19.60.080 CMU,Corridor Mixed Use district. A. The Corridor Mixed Use designation is intended to enhance travel options, encourage development of locally serving commercial/retail uses, higher density residential, lodging and offices along major transportation corridors. B. Supplemental Permitted Use Regulations. 1. The outdoor storage provisions contained in SVMC 19.60.050B3 shall apply to the CMU district. 2. Front and flanking street yard setbacks shall be 20 feet,except as otherwise provided. 3. Projects with residential components shall provide 210 square feet of open space per dwelling unit conforming to the requirements of SVMC 19.40.020E and eligible for reduction for improvements on the same basis; provided,that: a. The requirement does not apply to the development of less than 10 new dwelling units; and b. Additional open space is not required for residential development located within 1,300 feet of a public park. 4. Recycling facility; provided that: a. All recyclable materials and equipment must be contained indoors; b. All activities must meet the noise requirements of SVMC 7.05.040L; c. When adjacent to an existing residential use or residential zone, screening in SVMC 22.70.030B shall be required; d. The site must have frontage on an existing arterial or state highway and access will be limited to such frontage; and e. No dangerous or hazardous materials as defined in SVMC Appendix A shall be recycled or processed on site. Ordinance 11-021, Code Text Amendment, Recycling Facility Page 3 of 4 SVMC Title 19.120 shall be amended as follows: PERMITTED AND ACCESSORY USES NAICS Schedule of Corridor Community Regional Light Heavy Permitted Uses Mixed Use Commercial Commercial Industrial Industrial Appendix 19-A 56292 Recycling Facility S S S p p Section Two: The following definition shall be added to Appendix A: Recycling Facility: A Facility that accepts recyclable materials and may perform some processing activities. The principle function is to separate and store materials that are ready for shipment to end-use markets, such as paper mills, aluminum smelters or plastic manufacturing plants. Processing activities may include baling, compacting, flattening, grinding, crushing,mechanical sorting, or cleaning. Section Three: All other provisions of SVMC Title 19 and Appendix A (Definitions) not specifically referenced hereto shall remain in full force and effect. Section Four: Severability. If any section, sentence, clause or phrases of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, clause or phrase of this Ordinance. Section Five: Effective Date. This Ordinance shall be in full force and effect five (5) days after the publication of the Ordinance, or a summary thereof, occurs in the official newspaper of the City as provided by law. Passed by the City Council this 6th day of December,2011. Mayor, Thomas E.ffowey j 4Ve .A-h144N_______ City Clerk, Christine Bainbridge Approved as to Form: Office o e City orney Date of Publication: 49_ /c i :7/ Effective Date: 4,2 - /— ;d Ordinance 11-021, Code Text Amendment, Recycling Facility Page 4 of 4