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2012, 08-21 Study SessionAGENDA SPOKANE VALLEY CITY COUNCIL STUDY SESSION FORMAT Tuesday, August 21, 2012 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 ROLL CALL ACTION ITEMS: 1. Steve Worley Sprague Swale Upgrade Project Bid Award Motion Consideration [public comment] ----------------------------------------------------------------------------------------------------------------------------------- NON- ACTION ITEMS: 2. Christina Janssen Zoning Use Matrix Discussion /Information 3. Karen Kendall Animal Shelters, Spokane Valley Municipal Discussion /Information Code Title 19,120 Proposed Amendment 4. Scott Kuhta Multi- Family Zone Requirements Review Discussion /Information 5. Morgan Koudelka, Mark Animal Control Update Discussion /Information Calhoun, Mike Jackson 6. Cary Driskell Planning Commission Rules of Procedure Discussion /Information 7. Mark Calhoun, Inga Note, Sprague Property Discussion /Information Mike Jackson 8. Mayor Towey Advance Agenda Discussion /Information 9. Information Only (will not be discussed or reported): 2012 Spokane Regional Transportation Council (SRTC) Call for Projects 10. Mayor Towey 11. Mike Jackson ADJOURN Council Check -in City Manager Comments Discussion /Information Discussion /Information 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, August 21, 2012 Page 1 of 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 21, 2012 Department Director Approval: ❑ Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Motion Consideration: Sprague Ave UIC (Underground Injection Control) Elimination (Swale Upgrade) Project - Bid Award GOVERNING LEGISLATION: RCW 90.48, Chapter 173 -200 WAC, Title 33 U.S.C. 1251 -1376; Storm and Surface Water Utility: SVMC 3.80; Aquifer Protection Area Fund: RCW 36.36. PREVIOUS COUNCIL ACTION TAKEN: November 2011 Council approved the submission of a Washington State Department of Ecology grant application for this project (grant request $666,622 (75 %), local match $222,207 (25 %), total project estimate $888,829). February 28, 2012 Ordinance 12 -002, approved a budget amendment in the amount of $630,000 from Aquifer Protection Area Fund 403 for this project; June 12, 2012 Admin Report on the 2012 Street Preservation Projects Update which included approval to include a grind and overlay of this portion of Sprague Ave in this project; July 31, 2012 Information Item on the status of the project. BACKGROUND: Plans, specifications, and a bid package were prepared by HDR Engineering and city staff for construction this year. A grind and overlay of the existing roadway within the project limits was included in the bid package as part of the city's 2012 pavement preservation program. The project was advertised for bids on August 3 and August 10. The bid opening is scheduled for Friday, August 17, 2012. OPTIONS: 1) Award the Sprague Avenue UIC Elimination (Swale Upgrade) Project to the lowest responsive and responsible bidder (the project bid tabs will be available at the Council meeting) or 2) provide additional direction to staff. RECOMMENDED ACTION OR MOTION: I move to Award the Sprague Avenue UIC Elimination (Swale Upgrade) Project, Thierman Road to Park Road to the lowest responsive and responsible bidder, in the amount of BUDGET /FINANCIAL IMPACTS: The Swale Upgrade project budget is $888,829 and is being paid for with Ecology grant funds (up to a maximum of $666,622) and City Aquifer Protection Area funds - Fund 403. The grind and overlay part of this project is being paid for with Fund 311 -2012 Street Preservation funds, which is estimated to be approximately $263,000. STAFF CONTACT: Steve Worley — Senior Capital Projects Engineer ATTACHMENTS: Project Bid Tabulations will be provided at the Council meeting CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 21, 2012 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Proposed amendments to the Spokane Valley Municipal Code (SVMC) chapter 19.120 (Permitted and Accessory Use matrix) GOVERNING LEGISLATION: SVMC 17.80.150 and 19.30.040 PREVIOUS COUNCIL ACTION TAKEN: N/A BACKGROUND: On February 7, 2012, staff presented to City Council an overview of the Corridor Mixed Use and Garden Office zones after which the City Council requested staff to conduct a review of the Permitted and Accessory Uses matrix and propose additional uses which would be appropriate in these zones. During that review, staff identified a number of other appropriate updates throughout the permitted use matrix. The Spokane Valley Planning Commission conducted a study session on June 28, 2012, a public hearing on July 12, 2012 and continued deliberations on July 26, 2012. In addition to the updates proposed by staff, the Planning Commission voted to allow crematoriums in the Corridor Mixed Use zones and formalized the staff recommendation of allowing indoor Entertainment facilities as a Conditional Use in the Heavy Industrial zone. OPTIONS: Proceed as proposed, or as modified, or direct staff further. RECOMMENDED ACTION: Council consensus to bring this item forward for a first ordinance reading at the August 28, 2012 Council meeting. BUDGET /FINANCIAL IMPACTS: N/A STAFF CONTACT: Christina Janssen — Assistant Planner ATTACHMENTS: Presentation Planning Commission proposed draft Permitted & Accessory Use matrix Planning Commission Findings & Recommendations Staff Report Approved and/or draft Planning Commission minutes pkanc Department of Community Development alle Planning Division Ain City Council Administrative Report August 21St, 2012 CTA -02 -12 Proposed amendment to the Spokane Valley Municipal Code Chapter 19.120 Permitted &Accessory Uses • Corridor Mixed Use &Garden Office zones pkanc Department of Community Development alle Planning Division Ain r7 a A /r �3 Corridor Mixed Use 12 'Mv ME OTY H A I 10 5 P �A N Ev Department of Community Development S 06kane ,O;oo*V all—, Planning Division ILI, LQ T2W ; a 724N Zoning Map �7i j icy -1 0 Garden Office 4 0 Chapter 19.120 Permitted &Accessory Uses • Corridor Mixed Use &Garden Office zones • Housekeeping items • Miscellaneous updates 7 Chapter 19.120 Permitted &Accessory Uses Schedule of Permitted Uses x Reference Appendix 19 -A (a O �.a E� : Conditions D" o �� Cn a) U a) a) E E E O w M a) N M N V Xr- _ ia) 9+i ; E E E En i (aJ 2 Q a) ON M a)O OO 10Q7 N ' � z U � CU 0 O L) L) 0 U cn Department of Community Development alle Planning Division Explanation of Codes • P Permitted Use • R Regional Siting • S Conditions Apply • A Accessory Only • T Temporary Permit • C Conditional Use 9 Department of Community Development .alle Planning Division Abown ire, 711 Schedule of Permitted U4S w Q.; 2 - - - — - S _ — - — — Chapter 1930 SYMC 453 Appendix 19,A m S S P Reference Conditions 311 Agricultural processing plant, warehouse 6- W E ' a P _ ry '4'4u44 �T x 07 ire, 711 Adult entertainment establishment — - - — - - - — - S S — - — — Chapter 1930 SYMC 453 Adult retail use establishment S S Chapter 1930 SVMC 311 Agricultural processing plant, warehouse P P '4'4u44 �T 481219 Air�AriE, privtiha P P 82191 Anibuldl iuu t;crviut P P P P P P P 54194 Animal dinir- Nctei -inwy P S P P P i11MC 19.00.040(a)(1) 311613 Animal processing facility P S S S S S 112 Animal raising andlor keeping S S Excluding NAICS 1122, :3wilIC.3VMC 19.40.150. 812!91 Animal shelter P P 31161 Animal slaughtering and processing P 4.11N? Antifllip Onrp. P P R P P P 448 App ar el4ailor shop P P R P P P o P 443111 Appliance saleslservice P P R P A A Oniv if manufactured assembled an premises. n pp ra RGOS rR 8G Minim. R R 45392 Art oalle0studio P P P P P P P i sphaH nl8Rt*RaFI61faGt WFiiR jj. j Assembly— heavy P JJ4 Assembly— light V P V P P P P P P 823312 AnsisLcdlivilly fdOlity P P P P 453:3 Auction house P P P P 4533 Auction yard (cxcluding IivcAoclo P 1 162 Auction yard, livestock P 3361 g ?7 A.utomohile assembly plant A.litnrrmnhila impnlinrl yawl P P P ire, pkanc Department of Community Development alle Planning Division Ain 11 Schedule of Permitted L 4S W _ -2 SOL m �, �, P Reference Conditions id) Appendix 19,A ` $ Q E E E CU 441 AiIiriuikiilv-AiLjII Iriii:k -%rilr. -, Hrri1 P P P P liusS� Ai- tomobil *A xi r$nftal N P M M P P 811191 Auliuniikiilr ..Arur:kJR1%lnndiirr:yi:Ir. FiHiiiiiig. • P P P Fru:hrx -ni xlrinaurr.iudy rr.Frmir, ku uiy ;imJ fri ulr.r wvi irkx -;vmr 19 Pin inign(R)(R) .1111 AutarnotiYe par-Le, accee *oriee and tire* N P V N P P 1- Pwkm.y. ism .,r,,..i rte...,,. R R 446201 Bokcry, rotail P P R S S P P P A A Floor circa limitod to 10% of Oro33 Lca3QbIc Floor rVea (UL h -A) not to exceed •1 ,oBO el. 771 1 Rai ik -,Hvir iLj-%Ai im i Hi ut i ill ir.r rii imi a :idl P P R P P P P P P P ii IAiIIAii a Ix IF N 81 21 barberZeauty shop N P N P F+ N P ...,S.ai ca._IlMFYFMI....r. ;,.,.i.., ....r ,.r,,.;..,. R R P P P P P P 721101 Bed and brcalcfa3t P P P 1,129-1 Beekeeping, commercial P S B S 11201 Bcckooping, hobby SINK 10.40.150(C) .1611 bicycle gale *fseryice N P N 1± M P F+ M P P 7171 f11I nnm Ltiiiilrling. nnrl mnirlrnnnr.� P sa1$sJ *e r WIC$ Ii P N 4 -512 BUuki.•LmLiuiiery 5-Lure P R P P P P P 3121 Bottling plant P P 7139-5 BU'VOii i) alley P P R P P 722 ❑rewery. inicro P P R P P e P P P p 3121 Brewvery, avineryndlar dltlllery P P P P P P P @@8884 n..,. 1:19 _ , ,� _r4, ,. R R 4441 bu ldinq supply and hemc improycmcnt 1' 1. 1' 1' 44 79.7 C.;iiiily miA i:i iii rfr.i:liiurr.ry P R P P P P P P P �1.$J' -J CQrnival. circus 1 I ♦ 1 1 32.19 Car inter shop P P P P 001740 C -nrpct and iuo cicaning plant-- P P 81-1,192 _*�rvvaTh P P S P P P P SU141�= '19. o.B�4o4Bj 11 Spkanc Department of Community Development alle Planning Division Ain 12 � L) a re Schedule of Permitted Uses re re _ Ln Appendix 19,1 � ` � a+ � Fterefence cony ono � �° � � e E E o E r N P7 r ILL. LL. sm� Cc X ai 0 o a CID 0 CC CC QC L I U Q M + z UUMV a 1IJ;i C;o3ino 1' 1• +J 1' 1• AIr.3111 [:atalnc9 and mail ardr_r In arrzr_z P P P P P P P 72232 Caleiirrcgseiuiues P P 42 P P P P P P P P rr177 [:r- mr- -hr -ry b..,a _+�^ _. P 451112 CeiarniLss1-1up P P P P P P 325 Chamlf--al manuiacturinq P P P P P P 171 1 f,hirrr-h,frmplea -, mnsgrrr., �}rnar�ar�iir_ar�rJ P P P IP P P parzvnaga 4491 C;lothcs,rotalInalcs I° 1• + L 1• 1• 49312 CuIdsLoracgrffuudIc— ker P P 611,13 CoIIegearunivarslty P P P P P P R 611 C;ammunlcatlonrarvlccJsalc3 1' 1• +1 1• 1' Ir Ir 1' Communications &quipmentmanuia— u�rinq P S S S S S S IY21 —IM2 C;cmm Lin ltytacllrtic3 S --6 S S S U a- L =a r =r L Ul Ill i Li --s. P P P 8113+1 Community hall, club. orlodge P P P P P P R R L' I' I• 5ti32 Ciommunit yrasidQnti121 Mai lltyCUorlass resldents} 1 . 1• 1• tti;iv�' { so mmunityrc3idanh121faclllty Cgrcatcrthan-b i esideriL., rro mui r Ihiari 25 55173 Curri pus lirrgsLuiagelpicxrssirly ,kUIIIIIIo-i _ r' P C:nmprfflarrar-rvir =r-'a I' I' .. I, �, �, I, Ir h• I . 2373 -235 Cri rrlraLAur'syaid P P R R P 603 Convalescent hams, nurEinq home R 4-d.a17 [:n river ir- -nr -r- Starr- P P A A P P P P P C;rcmatoric3 L' L' L' L' L' P P P P P P 8233 ❑aytarr: adLLII P P -�L A P P P A A G G C P P 6- 711,10 Daycare. chIId('134--h11dranormoral P P A A R A A r - 1 - 1 - 1 - 1 - r• 6-244"1U Uay car a, child(12ohildrenortcwvor} I' I . + A A I° 1• 1• A A 15211 ❑epartmenMarlet•lstore P R P P P 4 r!� UFHO St W O 1-� + IV, +i +i 4-1 +A P 12 pkanc Department of Community Development alle Planning Division 64, Schedule of Permitted Uses cr, Appendix 19-A Cc M x L) T 0123 812332 Dry cleaners Dry clelaning, laundry, Ilnen *apply plant, comme-rolal P vieterenee conditions P A 4, P P P P P 5 S as - VCML C'n'- Dry Kiln Dwelling, aoceasoryapartmanto U V n I L Z V U V M T 0123 812332 Dry cleaners Dry clelaning, laundry, Ilnen *apply plant, comme-rolal P vieterenee conditions P A P P P P P P 5 S 5 VCML C'n'- Dry Kiln Dwelling, aoceasoryapartmanto 13 T 0123 812332 Dry cleaners Dry clelaning, laundry, Ilnen *apply plant, comme-rolal P P P A P P P P P P 5 S 5 3211114 8-1,1 Dry Kiln Dwelling, aoceasoryapartmanto P SYM 'I . I� -I�❑ 014 D alling, cnretah --r's I'cz- idcnce a 5 S SYMC 19.00.060(0)(1) F+ M X213 U allinq, congregate P P P M P P P P 814 r7 -ow-li r iy , III it dr. x P P P P M k31 U ellinq, multitamtly P P P S �::Vm : 1S.bU.u'2u(H) P P P P P P 814 DvvLelik iy, swh ig1e -fari lily P P S SVh C 19.60-020(B) P P r 814 D ollinq, townhou *o P P R 334 — 335 uumpui iei d Mild 5ynlrr i i r i is i itr f a �lti r it ry izi5 arr i i Frl y P P P P P P P 71 Fidrrlriirrrirr .iilhr- i:rrnliiur f�r:ililir.x, hidimir P P a P P P P r 7108 533 EntednininentArecreation facilities, outdoor Equipment rental shop P P P P P P P P P P 0110 X222 Cquipinent sales, repair, anti inaintenence Epprea:Boftde retail *erwice P P P F+ N P P V P P P N P P R R R R R A R A -q7 JI;fY l r.4.sr.rrhinl pihlir. txercie* tacilrtyAgymFathletic club 1 P R P A R R P R M R P R A R A C- 1IMptr1. 1 C qn . ^ ;Vmc: F v FA' , r.,, .i , ,. R. 40-31 JU txplo31Vc *:torQgC 1' 1' P P P P P P i914 Fmidly Firm-, ?ddiill P P P P P P P P P P 014 44-1222 Family home, Child Farm machinery sales and repair P P P P P P P 112112 J1t'211 Food lot h- eedXoereslAticur mill N r P r =r 812Y,2 - ....mss,• .1i%ri..1-MR61 Film developing P P P A A P M P R. 44111.3 Filriih:mnir.rri P P P A A P P P 13 pkanc Department of Community Development alle Planning Division Ain 14 cr+ Schedule of Permitted L 4S rrdixl9,A Appendix M! ` �Q, U M� 0 a+���Eo�+�� = m Icj = 0 °Uce _ -2 � w c)atn SOL P � �� Reference Conditions 45 -31 Fluri�l .rhiuri P P P A A P P P P 44-01 rnnrJ .Sfh1r..4 .ZF }`r.1f511yrL }Irhr.1}rl .- hnpAnnnt m::1rkel13r1eL:ially tUUtin P P P P P ,VMC. 7q rn n4n(n)(5) 4n4 Frr.igl}t fnI-VV?%irlin0 P P 447 Fucling station P P P A P P P P 01221 Funer-nl hamG P P P 5 5 5 5 5 5 F �1 b 4S� 713$'1 RRMWE4UF1R0 Uarment manutaoturinq CAR chap Golf course 1' 1' P A A 1' 1' 1' P A & Fl N P µ P P Chapter 22.6KD SYMC C c C c c C 7t 391 Golf drlwlntg rantgeltralnlnr0 center P C S P P Chapter 22.60 SVIA1: •193-13 Grain eleyatar P P 44422 reeilhiuti�e, IlLlr,�•ery,,jmrdeii •elder, retail P P P P P P 1114 [3rrrnl7nr�.tr., niir. %r.ry, r.nininr.rr.ir,1 S S P P ;vmr. 1q nn nrn(n)(n) 44 1 GFiu:rry lilrr: P P R P P ';VMC. ISRnndn(F9)(3) 4441'7 I P P R S P P 7,1%MC.. 1q nnn4n(n)(n) 56211 Hazardbuc wactotrccdmcrd and ctorogc S S SVMC 21.40.060 4012 1lelipcit P P 4812 '151-12 1111 Hollotap Hobby chap Home turnlshincle, retail sale P V P P P P Pl1 P r is P P is P M U 1' 622-1 Haspttal P P P P P R R R R R R 622210 Hu%•- rALa1, rx3ryL•hii%AriL• anti IL•e alJti'�•e R R R R R R R R 6223.10 Hospital, sped *Ty P P Ix P P P A A 7211 Huleliri iuLr1 P P R P P P P II ?'I 'I 'I Ire F ldw.t P P l ?rA1 In6• in.5mifnrilnin0 P 45022 Jew,-,lry,c-Ioch, iTiusic-al instruinerrt assembly, P P A P P P P P of ?S1 FCrnnrl, inrJnni kr.nnrl, rJn00in rJny r.nrn fnr.iky S S S S P P ;rn rnnin0 fni. L�-ui idiLiul1%�-. 14 pkanc r'T" II }r ""E Department of Community Development .alle Planning Division AbOOM 15 cr+ a Schedule of Permitted L 4S Appendix 19,A w ` Q U $ U M 0 (a a+ m c �, E V �° _ �, o+ o c P 0 a r Reference Conditions 54130 Laboratories fdio Safety Leval 2) P P P 6413k8 6.11 Ski Laboratonoo fHio Satcty Loyal 31 Laboratories (Hio Safety Leval 1 ) 1' 1' P 1' M 521 Si 11111Y LaboratoFIOS. mcdlcal and diagnoCtIC Landscape materials sales 1 1' P µ I' 1' M P 1' P P A A A 8,123.10 11 S:3 Laundromat Liquor �t�r$ P P P P P A A P A P P P P P 56,1622 Lockemlth7 P P P A A P P P 3211 LurnFarrriiill, 3rvvriiill. %Aiiiiyle ruill, plywuUdmill P 3327-1 Mac•hlne shop P P P }z n.+�..F. F. r ..i R R ?15115 lolHriufmiaiur.il hurriir. fAirii:mliiui P P S S S S S 814 MLritrfaL-Lurtd hruriie bark SrMr 19.40.130 4: 19l h. lnnrifrr_tiirr.rJ hnmr. .cnlr..c P P P d lr,nufr r_ti firing :q V14'1 I P 17 2 Apialiances manufarturinu P- F- 22412 AsiohaR ralantAnGnufacturina P- 311 ni Dial -ery uraducts manufrcturinu P- F- :3:3SJ9 ;5JYYYI dattary rabulldinaFinanutoaturina broom manut:Roturinq L' P L' P :i'.'!4 JJI:2 L:homiaal manutracturina communications equipment manulacturinq P P P L M 339 ;52225 Cosmetic and miscellaneous manulacturing P P P P tmarY Cloth :Rnd Dandpaper manut:Roturinq 3259 Exploslya manuYaaturincl P 3253 Ferliliser ruaiiLd::L•LuriiiLj P 3'11 Food proCRICt mantilaCturing%storacle P 337 FLIrIIILurt' rriaiitiraiL-Luriiit, P P i15 {a�rriirid rIIMIII frii:liirij:i P P 333 hAm:hrii irhiim:h h iery ruai itirruLurii i4l P P 15 pkanc Department of Community Development alle Planning Division Ain ire cr, a Schedule of Permitted L 4S Appendix 19,A w ` nU $ U5 U) Q m E c �, E E _ -2 �, a c SOL P Iirn Reference Conditions 327 MkillulfiUhIFilILI, iiuiuiielalliu• riielal FjrUdLIL:l-Y P P Minni-ml nrnrJur -i in.%nii#nrfininra, nnnrnrfrsllir. P 32411 Potrolcum and r nQl nroductc manufackurina L' `1 J9 4UU1 325212 33995 Plastic and rublI er products manuf.acturinu 1' P e 1' P P Hopc manutacturincl Rubber reoiam*tlon, manufacturinglfabrlcatlon SIgn manufecturincifrepRir 31411 Te.r.LiIv nraiitifmk:LLiririti P P 121 l iiid [irruliiii nrHiujfrm:Iuriru:i P P 4r599f1 hlnrhrk rnrfrJnror PT TP PT- PT TP Py- J�'14JU Mascagc 1horapy 1' I' Fl I' 1' 1' 3118 — .1117 :33J7 - 12JIb 16211 Mcatffich canning, cuttirio, curing and cmolcing Medical and labarMory in:i-trumerUapparartus manutacturing Medical. dermal. and hospmaj equipmerl supply raclos MedicaVclental clinic P P P M V N P P P M P r M M P P P 6211 Medical![ientsl o1flee P P R P P P P P 332 Melml fmbriur-Aiui i P P 332 Melzil ph-ilii iy P III? Adnf.nl pinr.r..�.trrt, hnt P k J �-.. fact l. M :. "0P H 212 f:2233U Mining Mobtlo toadvcndors N ti J N ti U b P S �JVIV1C: 1J_UU.U9u(H] T T T T T T 235.16 Tl211 Model ham$ unms MLAseum P P P P P P 4 -5114 Mu -iu: nlUre P P R A A P P P A A 591 offir P P R P P P P P 4 3 ?1 0rrh:r.Hiuj r:iwipilrr irlildirx P P R A L P P P P 999 off -road reorcational vehicle use P I P ire Department of Community Development alle - Planning Division son 17 cr+ Schedule of Permitted U4S Appendix 19,A W = ` Q $ 0 1W m � � �, � E _ �, o � P �+ 0 = �, Reference Conditions 111 Or 0i Hr 11,IrHH rHrn iii ij, r:rrriini ri:iHI P P 11 ?21 1 Pmjne-- i4vjlp inill.s P 48501 rarlc- and -rido facility P r P r r P r P 522299 612 '15391 1,16.1 I rawnchop 1'cr3onal ccrwicc Pet shop Pharmacy P 1' P P r 1. P P F1 P 1' A 1' A P 1' P P P 1' P P P 1' P P P �.4 Goal n od .r+ 12 5 1 7 Plndir�r iliFiii: liiiiiir P P 1a PA AP P P P 'I ?r,1 CO Pin.-,fir. injrrtinn rnnWing, P 326190 rlactic injection molding, thcrmbplaotic P r P P r P 320159 Plastic it jcctian solvent molding P 4J1 22'l 551�j IIoet otiicc,poctol ocntor Power plant texclucilnci public utlllty Yacllltlesa Print *hop 1 P I P Ill N I A I V I M I V 1 N II P 1. P IV 323; Printing, reprographics, boot �Ir llntg services-, commercial P P ,188,19 Public pay parking garageAot P P P P P P S S S S S S 221 PtiFJlit ulili�y diAriFxiliuii ra�iliLy� S S 12 P P P P P P P P Srrturiiii) �ii3Lri�l� tur condlticnp. S S S S S S 237 PULIlit• LdiliLy lrxii noiri,.3iui i rxiL•ilily S S % S S S S S S S S Stec tui iii 19 Lii- AriL•l% fur conditions. 71:1Ag P P P P 711 ?1? Rmi :rlrrii :k P ri r1 finrlinrTlf - Iurlin P P P P P P 48:21 Railroad yard, repair chop and roundhoucc 1' 721 11121 Roorcational vehicle pardoampground Recreational vehicle sales and *ervice M C S N P £1lMC 10.60.064 P P P P P P 56292 515-1 1 Recycling Yaclltty Repealer 7acl11ty P P S P S P P P P P 7222 RL- %A::IUrai iL, drivL--iii P P P P P P 17 pkanc Department of Community Development alle Planning Division Ain i Schedule of Permitted L 4S W _ m P Reference Conditions cri Appendix 19,A �, $ �, a+ = E E E a U U M• z V U) L) WU li CMn 7 ? ?7 Rr..ctniirnrh, rJrivr.- �hrnr��h P P A f- P P P P 722 Rc*taurant, lull sorvicc P P R A P P r P r P 4S�! — 4SU Hctall scics 1' 1. Ii A 1. 1' 1' A A Urnrtcd to rtcm* manulacturcd on thG prcmi *cs. 71 -lq.q Pirlin8 Anhle- C P P 33122 Rolling mill P �1 -Ik1Jt (dope rn anutacturinq . P P P P P P 6.1 •1 •1 Schools, publlc and prlYate, K through 'I 2 P P P P P P P 6114 SOiuul�, raru FL- 5Y -.�iuii:ml, vuumliuiral L.-ii d LrxidL- P P R P P P P P P sohools Shuwvruurir P P P P P P 4 ill ;' .r.nnrJln nrl .ttnrr., r.nn.cignrnnn .tnlr..4 P P R P P P S ^,vivic •19 7n nin(n)(4) 3390-S Sign painting shop P P r P P :K26- ll Soap and cleanlnq compound manutaoturinq P SU2J�2 Solid waste reoy olinggransler site S S S SVIVIC; I J.UU.USU(d) 6.1 •1 6 Speclallxed tralnlntgAearning schools or P P i P P S P P Adaptive reuse of studios exlstlnq structures only. No expansion allowed. N Lr -9UJI J SAorage, Belt *erVloe tactlltyr P V N N P P 46IJ %Aorage, general outdoors S h h S P fee aoninq districts icr conditions. Tank storage, LPi; above ground S S + S S S S SWAG 2,11.40-060 21 3•I •l 2 Tank storage, critical materlal above {g• rOUnd S S 1,VhA,= 2,11.40.060 911119 Traiik ,r:rilirasl niralrri?d1 kirliivvL3rinjm! R 4 R Whdi, ?1 4nnFn 01 G9 Tanning, curing of hidos and shins P 7? ?4 Tnvr.rn P P R P P P I axldGrmy L 1 S S S S S & 5.17 Telecommunication wireless antenna array S G S a S S S Chapter 22.120 S11ML: G C; U 4 C: K; bi 12 I elecommurnoatlon wireless oupport tower S S S C; S S S S S Chapter 22.1:2U S:;V C: 3 -iii r Ta +ua ra= wren R R i Department of Community Development alle - Planning Division son iM Schedule of Permitted U4S W _ cri Appendix 19-A $ m P Reference Conditions C"i �, �, a+ E o i= 0 � = 0 III I neater, indoor F" P P N F" 779 Thoator, outdoor P P P P 56292 Tire, recap and retread manufacturinq P ti 5 5 5 5 5 51 19 lower, Pram operater 5 S U 5 5 S 5 %�VM(. 7 Y .4U.1 1 U(A ) 221110 Tovwcr, vwindturbinc aupport C S S S S Si SVMC 10.40.110 (B) 4851 Transit center P P P P P P P C 7213 Transitional housing 449 222 Truoic ealcs, rental, repair and maiintcnanco P P 445-447 Truck stop P P 81142 Upholstery shop P P P P P 40311 Warchoucingl A S P A P P Adaptiuo rouco of existing structures. No GxPdiisiui i dlluvvcd. zat tinrnn.� ., nduct Mankitacturing R P- 56292 Wrecking, recycling, junk and salvage yards C I S ISVMC 19.60.060(B) iM pkanc Department of Community Development alle Planning Division Ain Questions? 20 <revdate >(Revised 3/12) 19 -1 N M r N M (n U z Schedule of Permitted Uses Appendix 19 -A y L O X N 2 0 K 2 L. O N 0 M U o m 0 t1 E O O � 'E! �o E E O z0 E E E E O O UU v 0 O W0 C 0- O am C T _ C ,, 2 N Reference Conditions 711 Adult entertainment establishment S S Chapter 19.80 SVMC 453 Adult retail use establishment S S Chapter 19.80 SVMC 311 Agricultural processing plant, warehouse P P 32641 481219 Airstrip, private P P 62191 Ambulance service P P P P P P P 54194 Animal clinic /veterinary P S P P P SVMC 19.60.040(6)(1) 311613 Animal processing facility P S S S S S S 112 Animal raising and /or keeping S S Excluding NAICS 1122, Swine. SVMC 19.40.150. 81291 Animal shelter P P 31161 Animal slaughtering and processing P 45392 Antique store P P P P P 448 Apparel /tailor shop P P P P P P P 443111 Appliance sales /service P P P P A A Only if manufactured/ assembled on premises. 22522 AppliaRGeG FRaRufaGtHFiRg 12 12 45392 Art gallery/studio P P P- P P P P P 2 4I P- 333 Assembly — heavy P 334 Assembly — light P P P P P P P P P 623312 Assisted living facility P P P P 4533 Auction house P P P P 4533 Auction yard (excluding livestock) P P 1152 Auction yard, livestock P 3361 Automobile assembly plant P 922 Automobile impound yard P P <revdate >(Revised 3/12) 19 -1 <revdate >(Revised 3/12) 19 -2 441 Automobile /light truck sales and service P P P P 4853 Automobile /taxi rental P P P P P P P P 811121 Automobile /truck/RV /motorcycle painting, repair, body and fender works S S P P P Enclosed structure only. SVMC 19.60.050(B)(3). 4413 Automotive parts, accessories and tires P P P P P P 34181 PakeFy PFGdHGtS FRaRufaGtHFiRg 12 12 445291 Bakery, retail P P - S S P P P A A Floor area limited to 10% of Gross Leasable Floor Area (GLFA) not to exceed 1,000 sf. 52211 Bank, savings /loan and other financial institutions P P 12 P P P P P P P 8121 Barber /beauty shop P P 12 PA P P P P P ❑atteFy Feb IiI.Ji.,.. /w.aR ifaGt IFiR . 42 42 P P P P P P 721191 Bed and breakfast P P P 11291 Beekeeping, commercial P S S S 11291 Beekeeping, hobby SVMC 19.40.150(C) 4511 Bicycle sales /service P P - P P P P P P P 336611 Boat building, repair and maintenance P P 441222 Boat sales /service P P P P 4512 Book/stationery store P P f P P P P P 3121 Bottling plant P P 71395 Bowling alley P P P P P 722 Brewery, micro P P 42 P P P P P P P 3121 Brewery, winery and /or distillery P P 42 P P P P 229994 P P 4441 Building supply and home improvement P P P P 445292 Candy and confectionery P P 12 P P P P P P P 71399 Carnival, circus T T T T T T T 3219 Carpenter shop P P P P 561740 Carpet and rug cleaning plants P P 811192 Carwash P P S P P P P SVMC 19.60.040(B) <revdate >(Revised 3/12) 19 -2 Spokane Valley Municipal Code 19 -3 <revdate >(Revised 3/12) 7132 Casino P P P P P 454113 Catalog and mail order houses P P P P P P P 72232 Catering services P P P P P P P P P P 8122 Cemetery and r-rernateries. P 451112 Ceramics shop P P P P P P P 12 P P P P P P 813 Church, temple, mosque, synagogue and parsonage P P P P P P P 4481 Clothes, retail sales P P f P P P 49312 Cold storage /food locker P P 6113 College or university P P 12 P P P P 517 Communication service /sales P P 42 P P P P P ' ^' P S S S S S S 921 —922 Community facilities S S A S S S S S S S S See zoning districts for conditions. P P P 8134 Community hall, club, or lodge P P P P P P P P P P 6232 Community residential facility (6 or less residents) P P P 6232 Community residential facility (greater than 6 residents, no more than 25) 56173 Composting storage /processing, commercial P 54151 Computer services P P P P P P P P P P 2373 —238 Contractor's yard P P P P P 623 Convalescent home, nursing home P 44512 Convenience store P P A A P P P P P m ^oiiA rnaRLifaGtLIFiRg P P Crematories P P P P P P P P P P P 6233 Day care, adult P P A P P P A A C C C C P P 624410 Day care, child (13 children or more) P P A A P A A P P P P P P 624410 Day care, child (12 children or fewer) P P 12 A A P P P A A 4521 Department/variety store P P P P P P A 19 -3 <revdate >(Revised 3/12) <revdate >(Revised 3/12) 19 -4 8123 Dry cleaners P P S A P P P P 812332 Dry cleaning, laundry, linen supply plant, commercial P P 3211114 Dry kiln P S S S1 1 814 Dwelling, accessory apartments SVMC 19.40.100 814 Dwelling, caretaker's residence S S S SVMC 19.60.060(6)(1) P P 7213 Dwelling, congregate P P P P P P P 814 Dwelling, duplex P P P P P 814 Dwelling, multifamily P P S S SVMC 19.60.020(6) P P P P P P 814 Dwelling, single - family P P S S SVMC 19.60.020(6) P P P 814 Dwelling, townhouse P P �L 334-335 Electrical /electronic /computer component and system manufacturing /assembly P P P P P P P F=MeFy Glefh end sandpapeF maR6ifaGt6IFiRg 42 42 713 Entertain ment/recreation facilities, indoor P P P P P P C 7139 Entertain ment/recreation facilities, outdoor P P P P P P 5323 Equipment rental shop P P P P P 8113 Equipment sales, repair, and maintenance P P P P P 7222 Espresso /latte retail service P P T P P P P P P P R R R R R R 92 Essential public facilities R R R R R R R Chapter 19.90 SVMC A A 71394 Exercise facility /gym /athletic club P P A P#* P P P A A Explosive rn ni ifaGt irinn P 493190 Explosive storage P P P P P P P P 814 Family home, adult P P P P P P P P P P 814 Family home, child P P P P 441222 Farm machinery sales and repair P P P 112112 Feed lot P 311211 Feed /cereal /flour mill P P 2�52 Cerfili;zer rn n, ifaGt irinn 81292 Film developing P P 42 A A P P P 44313 Film /camera sales /service P P 42 A A P P P <revdate >(Revised 3/12) 19 -4 Spokane Valley Municipal Code 19 -5 <revdate >(Revised 3/12) 4531 Florist shop P P A A A P P P P 'k14 Feed predLiGt rnaRLifaGtL1FiR&terag,& P 44521 Food sales, specialty /butcher shop /meat market/specialty foods P P S P P SVMC 19.60.040(6)(3) 484 Freight forwarding P P 447 Fueling station P P P A P P P P 81221 Funeral home P P P XTCi irnifi irc m ni 1faGt irinn P P d Garme.nt m.anufaGtHFORg ;Z 453 Gift shop P P r A A P P P A S S S S S S 71391 Golf course P S P P Chapter 22.60 SVMC C C C C C C 71391 Golf driving range /training center P C S P P Chapter 22.60 SVMC 49313 Grain elevator P P 44422 Greenhouse, nursery, garden center, retail P P P P P P 1114 Greenhouse, nursery, commercial S S P P SVMC 19.60.050(6)(3) 4451 Grocery store P P P S P P SVMC 19.60.040(6)(3) 44413 Hardware store P P 12 S P P SVMC 19.60.040(6)(3) 562211 Hazardous waste treatment and storage S S SVMC 21.40.060 4812 Heliport P P 4812 Helistop C C C C P 45112 Hobby shop P P 12 P P P P P 442 Home furnishings, retail sale P P P P P 6221 Hospital P P P P P R R R R R R 622210 Hospital, psychiatric and substance abuse R R R R R R R R 622310 Hospital, specialty P P P P P P A A 7211 Hotel /motel P P P P P P P 312113 Ice plant P P 2791 InLni ifog• P 45322 Jewelry, clock, musical instrument assembly, sales /service P P P A P P P P P rr-- 81291 Kennel, indoor kennel, doggie day care facility S S S S P P � See zoning districts for conditions. 19 -5 <revdate >(Revised 3/12) <revdate >(Revised 3/12) 19 -6 54138 Laboratories (Bio Safety Level 2) P P P 54138 Laboratories (Bio Safety Level 3) P P P 54138 Laboratories (Bio Safety Level 4) P P 62151 Laboratories, medical and diagnostic P P P P P P 44419 Landscape materials sales P P P P P A A A 812310 Laundromat P P A P P P P 4453 Liquor store P P P A A P P 561622 Locksmith P P 12 A A P P P 3211 Lumbermill, sawmill, shingle mill, plywood mill P 33271 Machine shop P P P 499 maRufaGtHFH'4-9 12 12 236115 Manufactured home fabrication P P S S S S S 814 Manufactured home park SVMC 19.40.130 45393 Manufactured home sales P P P Manufacturinq 336411 Aircraft manufacturing P 33522 Appliances manufacturing P P 32412 Asphalt plant/manufacturing P 31181 Bakery products manufacturing P P 33591 Battery rebuilding /manufacturing P P 339994 Broom manufacturing P P 325 Chemical manufacturing P 3342 Communications equipment manufacturing P P P P 339 Cosmetic and miscellaneous manufacturing P P 322226 Emery cloth and sandpaper manufacturing P P 32592 Explosive manufacturing P 3253 Fertilizer manufacturing P 311 Food product man ufacturi n q/storage P 337 Furniture manufacturing P P 315 Garment manufacturing P P 32591 Ink manufacturinq P <revdate >(Revised 3/12) 19 -6 Spokane Valley Municipal Code 19 -7 <revdate >(Revised 3/12) 333 Machine /machinery manufacturing P P 327 Manufacturing, nonmetallic metal products P P 3391 Medical and laboratory instrument/apparatus P P P manufacturing Mineral product manufacturing, nonmetallic P 32411 Petroleum and coal products manufacturing P 32511 Plastic and rubber products manufacturing P 314991 Rope manufacturing P P 325212 Rubber reclamation, manufacturing /fabrication P 33995 Sign manufacturing /repair P P 32561 Soap and cleaning compound manufacturing P 31411 Textile manufacturing P P 56292 Tire, recap and retread manufacturing P 321 Wood product manufacturing P P P P 453998 Market, outdoor PT PT T PT PT TP PT 621498 Massage therapy P P 12 P P P P P 3116— 3117 Meat/fish canning, cutting, curing and smoking P P 2291 42 maRwfaGtLIFiRg 42345 Medical, dental, and hospital equipment supply /sales P P P P 6214 Medical /dental clinic P P P P P P P P 621 Medical /dental office P P P P P P P P 332 Metal fabrication P P 332 Metal plating P 332 Metal processes, hot P P 212 Mining P 722330 Mobile food vendors S S c S S S S S S S S SVMC 19.60.010(H) T T T T T T 236115 Model home units 19 -7 <revdate >(Revised 3/12) <revdate >(Revised 3/12) 19 -8 71211 Museum P P R P P P P 45114 Music store P P R A A P P P A A 561 Office P P P P P P P P P 45321 Office and computer supplies P P A P P P P P 999 Off -road recreational vehicle use P P 1113 Orchard, tree farming, commercial P P 32211 Paper /pulp mills P 4859 Park - and -ride facility P P 12 P P P P P 522298 Pawnshop P P P P 812 Personal service P P R P P P P P 45391 Pet shop P P 12 A P P P 44611 Pharmacy P P A P P P P P 4 11 R 54192 Photographic studio P P 12 PA AP P P P 2P511 326199 Plastic injection molding, thermoset P 326199 Plastic injection molding, thermoplastic P P P P P P 326199 Plastic injection solvent molding P 491 Post office, postal center P P P P P P P P P 221 Power plant (excluding public utility facilities) P 56143 Print shop P P S A P P P P P P 323 Printing, reprographics, bookbinding services, commercial P P 48849 Public pay parking garage /lot P P A P P P S S S S S S 221 Public utility distribution facility S S I P P P P P P P P See zoning districts for conditions. S S S S S S 237 Public utility transmission facility S S S S S S S S S S S See zoning districts for conditions. 71399 Racecourse P P P P 711212 Racetrack P P 5151 Radio /TV broadcasting studio P P P P P P 4821 Railroad yard, repair shop and roundhouse P <revdate >(Revised 3/12) 19 -8 Spokane Valley Municipal Code 19 -9 <revdate >(Revised 3/12) 7212 Recreational vehicle park/campground C S SVMC 19.60.060 44121 Recreational vehicle sales and service P P P 56292 Recycling facility S S S P P P P P P P P 51511 Repeater facility P P P P P P 7222 Restaurant, drive -in P P P P P P 7222 Restaurant, drive - through P P A C P P P P 722 Restaurant, full service P P R A P P P P P P 452-453 Retail sales P P 12 A P P P A A Limited to items manufactured on the premises. 71399 Riding stable C P P 33122 Rolling mill P 314991 Repe maRufaGtH4Rg 42 42 3PF;PI P 42 P P P P P P 6111 Schools, public and private, K through 12 P P P P P P 6114 Schools, professional, vocational and trade schools P P P P P P P P Showroom P P P P P P 4533 Secondhand store, consignment sales P P P P P S SVMC 19.70.010(6)(9) 22995 SigR FRaRufaGtHFiRgiFepaiF 12 12 33995 Sign painting shop P P P P P 32561 Seap and GleaRiRg GGFRPGHRd FRaRufaGtHFiRg 42 56292 Solid waste recycling /transfer site S S S SVMC 19.60.060(6) 6116 Specialized training /learning schools or studios P P 42 P P S P P Adaptive reuse of existing structures only. No expansion allowed. P P 49319 Storage, self - service facility P P P P P P 493 Storage, general — outdoors S S S S P See zoning districts for conditions. Tank storage, LPG above ground S S S S S S S S SVMC 21.40.060 213112 Tank storage, critical material above ground S S SVMC 21.40.060 213112 Tank storage, critical material below ground S S S S SVMC 21.40.060 3161 Tanning, curing of hides and skins P 19 -9 <revdate >(Revised 3/12) P Permitted Use R Regional Siting S Conditions Apply <revdate >(Revised 3/12) 19 -10 A Accessory Only T Temporary Permit C Conditional Use Permit 7224 Tavern P P t? P P P Taxidermy P P P S S S S S S 5172 Telecommunication wireless antenna array S S S C S S S S S Chapter 22.120 SVMC C C C C C C 5172 Telecommunication wireless support tower S S S C S S S S S Chapter 22.120 SVMC Tcv +ilc m ni ifor+i irinn P- P- 711 Theater, indoor P P P P P 711 Theater, outdoor P P P P TiFe FeGap Rd 42 S S S S S S 5179 Tower, ham operator S S C S S S S SVMC 19.40.110(A) 221119 Tower, wind turbine support C S S S S S SVMC 19.40.11 0(6) 4851 Transit center P P R P P P P P C 7213 Transitional housing 441222 Truck sales, rental, repair and maintenance P P 445-447 Truck stop P P 81142 Upholstery shop P P P P P 49311 Warehousing A S P A P P Adaptive reuse of existing structures. No expansion allowed. P- P- 56292 Wrecking, recycling, junk and salvage yards C S SVMC 19.60.060(6) P Permitted Use R Regional Siting S Conditions Apply <revdate >(Revised 3/12) 19 -10 A Accessory Only T Temporary Permit C Conditional Use Permit FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING COMMISSION August 9, 2012 The following findings are consistent with the Planning Commission's decision to recommend approval. A. Background: 1. The development regulations in the Spokane Valley Municipal Code (SVMC) were adopted in September 2007 and became effective on October 28, 2007. 2. The proposal is a city initiated code text amendment to SVMC 19.120 Permitted and Accessory Uses matrix. 3. The Planning Commission held a public hearing on July 12, 2012, with deliberations continuing on to July 26, 2012. The Planning Commission approved the following amendments to SVMC 19.120; a. City Center: Remove the category of "City Center" as there is no longer any land within the City zoned City Center. b. Appliance sales /service: Proposed as an allowed use in the Community Commercial zone. The size and scale of typical appliance stores is compatible with the Community Commercial zone. c. Auction House: Proposed as an allowed use in the Light Industrial zone due the availability of structures large enough to accommodate this type of business. d. Manufacturing: Relocate all manufacturing categories from their current alphabetic location in the code to a general "Manufacturing" section within the code for easier navigation. No changes are being proposed to the locations where these uses can locate within the City. e. Automobile / truck /RV /motorcycle painting_ repair, body and fender works: Proposed as an allowed use with conditions in the Community Commercial zone. An appropriate use in this zone provided that it be located within an enclosed structure. f. Barber /beauty shop: Proposed as an allowed use in the Garden Office zone as these businesses are typically smaller in size and do not generate traffic or noise in amounts that would be disruptive to the adjacent residential uses. g. Bicycle sales /service: Proposed as an allowed use in the Garden Office zone as these businesses are typically smaller in size and do not generate traffic or noise in amounts that would be disruptive to the adjacent residential uses. h. Boat sales /service: Proposed as an allowed use in the Corridor Mixed Use and Light Industrial zones where other automobile sales are currently allowed. i. Brewery, micro: Proposed as an allowed use in the Neighborhood Commercial zone. A growing trend, these small tap breweries typically serve the neighborhoods where they are located. j. Building Supply &Home Improvement: The Corridor Mixed Use zones have significant vacancies and would be appropriate for this type of use. Other uses already permitted in the CMU zone with a similar NAICS classification include hardware stores and greenhouse /garden centers. Findings and Recommendations of the Spokane Valley Planning Commission for CTA -02 -12 Page 1 of 4 k. Candy & Confectionary: Proposed as an allowed use in the Garden Office and Office zones as these businesses are typically smaller in size and do not generate traffic or noise in amounts that would be disruptive to the adjacent residential uses. 1. Cemetery and crematories: Proposing that these uses be separated and that crematories be contemplated separately due to potential issues with crematories in residential zones. Proposing crematories as an allowed use in the Community Commercial, Regional Commercial, Corridor Mixed Use, Light Industrial and Heavy Industrial zones. m. Church, temple, mosque, synagogue and parsonage: Proposed as an allowed use in the Garden Office zone. Small congregations are regularly locating in spaces which were formally small retail or office spaces. These uses are allowed in all other zones within the City with the exception of the industrial zones. n. Clothes retail sales: Proposed as an allowed use in the Neighborhood Commercial zone. Smaller, boutique type establishments appropriate to serve the surrounding neighborhood. o. Drug Store: A dated term, proposing to rename this item "Pharmacy ", a more widely used term and relocate it alphabetically within the code. p. Dwelling, townhouse: Proposing to remove this from the Neighborhood Commercial zone where residential uses are not allowed. This change corrects an error in the code. q. Entertainment /recreation facilities, indoor: Proposed as a permitted use in the Light Industrial zone and with a Conditional Use Permit in the Heavy Industrial zone. These uses, which include indoor soccer centers, batting cages, etc. are growing in popularity and typically locate in large, warehouse type facilities commonly found in industrial areas. r. Essential Public Facilities: Proposed as Regional Siting in the Corridor Mixed Use zone. This amendment would make it possible for the County to consider parcels zoned CMU when contemplating uses including, but not limited to, hospitals, regional transportation facilities, inpatient facilities, etc. s. Exercise facility/gym/athletic club: Proposed as an allowed use in the Office zone. Small scale fitness facilities that locate in strip commercial or office space such as Curves, Anytime Fitness, or the like. These smaller facilities do not generate traffic or noise beyond what would typically be expected in the Office zone. t. Hobby Shop: Proposed as an allowed use in the Garden Office and Office zones as these businesses are typically smaller in size and do not generate traffic or noise in amounts that would be disruptive to the adjacent residential uses. u. Home furnishings, retail sales: Proposed as an allowed use in the Neighborhood Commercial zone. These smaller, boutique style stores serve the neighborhoods where they are located. v. Market, outdoor: Proposing to change this use from requiring a Temporary Use Permit to an outright permitted use in the Mixed Use Center, Corridor Mixed Use, Community Commercial, Regional Commercial, Parks and Open Space, and Light Industrial zones. Outdoor markets are growing in popularity and often are functional for longer than the 6 months the Temporary Use Permit currently allows. w. Mobile food vendors: Allowed with conditions in the Neighborhood Commercial zone. These small businesses, which serve the neighborhood where they are located, would need the permission of the property owner and the Health Department. x. Music store: Proposed as an accessory use in the Garden Office zone as this would be compatible with specialized training, such as a music school. Findings and Recommendations of the Spokane Valley Planning Commission for CTA -02 -12 Page 2 of 4 y. Office & Computer sales: Proposed as an allowed use in the Neighborhood Commercial zone. Smaller, neighborhood scale businesses as opposed to "big box" office retail (Office Depot). z. Photographic Studio: Proposed as an allowed use in the Garden Office and Office zones as these businesses are typically smaller in size and do not generate traffic or noise in amounts that would be disruptive to the adjacent residential uses. aa. Print Shop: Proposed as an allowed use in the Neighborhood Commercial zone. Small scale businesses serving the neighborhoods where they are located. bb. Radio /TV broadcasting studio: udio: Proposed as an allowed use in the Light Industrial zone due to the large equipment required for this type of business. cc. Recreational vehicle sales and service: Proposed as an allowed use in the Corridor Mixed Use zone where other types of automobile sales are currently allowed. dd. Specialized training/learning schools or studios: Proposed as an allowed use in the Garden Office zone, these types of businesses which can include dance, martial arts, music, or other similar uses do not generally produce traffic or noise which would be harmful to nearby neighborhoods. ee. Taxidermy: Proposed as an allowed use in the Corridor Mixed Use zone. Taxidermy is a low intensity use generating low traffic volumes. A. Findings: The Planning Commission finds the proposed code text amendment to be consistent with the applicable provisions of the Growth Management Act and the City's Comprehensive Plan; GMA Policies 1. The Washington State Growth Management Act (GMA) provides that each city shall adopt a comprehensive land use plan and development regulations that are consistent with and implement the comprehensive plan. City of Spokane Valley Goals and Policies 2. The City of Spokane Valley has adopted goals and policies consistent with the GMA. a. Goal LUG — 3: Transform various commercial business areas into vital, attractive, easily accessible mixed use areas that appeal to inventors, consumers and residents and enhance the community image and economic vitality. b. Policy LUP — 4.2: Integrate retail developments into surrounding residential areas with attention to quality design and function c. Policy LUP — 8.1: Allow commercial, residential and recreational uses in conjunction with permitted uses in Office designated areas. The Planning Commission finds the proposed code text amendment bears a substantial relation to public health, safety, welfare, and protection of the environment. Conclusions: The proposed City initiated, code text amendments to SVMC 19.120 are consistent with the goals and policies of the Spokane Valley Comprehensive Plan. Recommendations: The Spokane Valley Planning Commission therefore recommends approval to the City Council of the City initiated code text amendments to SVMC 19.120 (Permitted and Accessory Uses matrix) as proposed. Findings and Recommendations of the Spokane Valley Planning Commission for CTA -02 -12 Page 3 of 4 Ap roved this 9`h day of ugust, 2012 Bill Bates, Chairman ATTEST Deanna Griffith, Administrative As is ant Findings and Recommendations of the Spokane Valley Planning Commission for CTA -02 -12 Page 4 of 4 S pokane ,,;oo;FVa11ey-, COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION PUBLIC HEARING STAFF REPORT TO THE PLANNING COMMISSION CTA -02 -12 STAFF REPORT DATE: July 3, 2012 HEARING DATE AND LOCATION: July 12, 2012, 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 text amendment updating Chapter 19.120 (Permitted and Accessory Uses) of the Spokane Valley Municipal Code (SVMC). APPLICANT(S): City of Spokane Valley APPROVAL CRITERIA: Spokane Valley Comprehensive Plan, Spokane Valley Municipal Code (SVMC) Title 17 General Provisions, and Title 21 Environmental Controls. STAFF PLANNER: Christina Janssen, Assistant Planner, Community Development Department REVIEWED BY: Scott Kuhta, AICP, Planning Manager, Community Development Department SUMMARY OF RECOMMENDATION: The Planning Division, after review and consideration of the proposed City initiated code text amendment and applicable approval criteria recommends that the Planning Commission approve CTA- 02 -12. ATTACHMENTS: Proposed Text Amendment In early 2012 the Spokane Valley City Council requested that staff perform a review Chapter 19.120 SVMC (Permitted & Accessory Uses) with a focus on the Corridor Mixed Use and Garden Office zones. Specifically, evaluating existing uses listed in the chapter and proposing additional uses which may be appropriate in these zones. As staff began the review process, a number of other updates were identified; either updates to zones other than CMU or GO, and general format updates to help make the matrix more user friendly. The following is a brief discussion regarding the proposed changes. City Center: Remove the category of "City Center" as there is no longer any land within the City zoned City Center. Appliance sales /service: Proposed as an allowed use in the Community Commercial zone. The size and scale of typical appliance stores is compatible with the Community Commercial zone. Auction House: Proposed as an allowed use in the Light Industrial zone due the availability of structures large enough to accommodate this type of business. Manufacturing: Relocate all manufacturing categories from their current alphabetic location in the code to a general "Manufacturing" section within the code for easier navigation. No changes are being proposed to the locations where these uses can locate within the City. Automobile /truck/RV /motorcycle painting, repair, body and fender works: Proposed as an allowed use with conditions in the Community Commercial zone. An appropriate use in this zone provided that it be located within an enclosed structure. Staff Report and Recommendation CTA -02 -12 Barber/beauty shoes Proposed as an allowed use in the Garden Office zone as these businesses are typically smaller in size and do not generate traffic or noise in amounts that would be disruptive to the adjacent residential uses. Bicycle sales /service: Proposed as an allowed use in the Garden Office zone as these businesses are typically smaller in size and do not generate traffic or noise in amounts that would be disruptive to the adjacent residential uses. Boat sales /service: Proposed as an allowed use in the Corridor Mixed Use and Light Industrial zones where other automobile sales are currently allowed. Brewery, micro: Proposed as an allowed use in the Neighborhood Commercial zone. A growing trend, these small tap breweries typically serve the neighborhoods where they are located. Building Supply & Home Improvement: The Corridor Mixed Use zones have significant vacancies and would be appropriate for this type of use. Other uses already permitted in the CMU zone with a similar NAICS classification include hardware stores and greenhouse /garden centers. Candy & Confectionary: Proposed as an allowed use in the Garden Office and Office zones as these businesses are typically smaller in size and do not generate traffic or noise in amounts that would be disruptive to the adjacent residential uses. Cemetery and crematories: Proposing that these uses be separated and that crematories be contemplated separately due to potential issues with crematories in residential zones. Proposing crematories as an allowed use in the Community Commercial, Regional Commercial, Light Industrial and Heavy Industrial zones. Church, temple, mosque, synagogue and parsonage: Proposed as an allowed use in the Garden Office zone. Small congregations are regularly locating in spaces which were formally small retail or office spaces. These uses are allowed in all other zones within the City with the exception of the industrial zones. Clothes, retail sales: Proposed as an allowed use in the Neighborhood Commercial zone. Smaller, boutique type establishments appropriate to serve the surrounding neighborhood. Drug . A dated term, proposing to rename this item "Pharmacy ", a more widely used term and relocate it alphabetically within the code. Dwelling, townhouse: Proposing to remove this from the Neighborhood Commercial zone where residential uses are not allowed. This change corrects an error in the code. Entertainment /recreation facilities, indoor: Proposed as a permitted use in the Light Industrial zone and with a Conditional Use Permit in the Heavy Industrial zone. These uses, which include indoor soccer centers, batting cages, etc. are growing in popularity and typically locate in large, warehouse type facilities commonly found in industrial areas. Essential Public Facilities: Proposed as Regional Siting in the Corridor Mixed Use zone. This amendment would make it possible for the County to consider parcels zoned CMU when contemplating uses including, but not limited to, hospitals, regional transportation facilities, inpatient facilities, etc. Exercise facility/gym/athletic club: Proposed as an allowed use in the Office zone. Small scale fitness facilities that locate in strip commercial or office space such as Curves, Anytime Fitness, or the like. These smaller facilities do not generate traffic or noise beyond what would typically be expected in the Office zone. Hobby Shop: Proposed as an allowed use in the Garden Office and Office zones as these businesses are typically smaller in size and do not generate traffic or noise in amounts that would be disruptive to the adjacent residential uses. Page 2 of 4 Staff Report and Recommendation CTA -02 -12 Home furnishings, retail sales: Proposed as an allowed use in the Neighborhood Commercial zone. These smaller, boutique style stores serve the neighborhoods where they are located. Market, outdoor: Proposing to change this use from requiring a Temporary Use Permit to an outright permitted use in the Mixed Use Center, Corridor Mixed Use, Community Commercial, Regional Commercial, Parks and Open Space, and Light Industrial zones. Outdoor markets are growing in popularity and often are functional for longer than the 6 months the Temporary Use Permit currently allows. Mobile food vendors: Allowed with conditions in the Neighborhood Commercial zone. These small businesses, which serve the neighborhood where they are located, would need the permission of the property owner and the Health Department. Music store: Proposed as an accessory use in the Garden Office zone as this would be compatible with specialized training, such as a music school. Office & Computer sales: Proposed as an allowed use in the Neighborhood Commercial zone. Smaller, neighborhood scale businesses as opposed to "big box" office retail (Office Depot). Photographic Studio: Proposed as an allowed use in the Garden Office and Office zones as these businesses are typically smaller in size and do not generate traffic or noise in amounts that would be disruptive to the adjacent residential uses. Print Shop: Proposed as an allowed use in the Neighborhood Commercial zone. Small scale businesses serving the neighborhoods where they are located. Radio/TV broadcasting studio: Proposed as an allowed use in the Light Industrial zone due to the large equipment required for this type of business. Recreational vehicle sales and service: Proposed as an allowed use in the Corridor Mixed Use zone where other types of automobile sales are currently allowed. Specialized training /learning schools or studios: Proposed as an allowed use in the Garden Office zone, these types of businesses which can include dance, martial arts, music, or other similar uses do not generally produce traffic or noise which would be harmful to nearby neighborhoods. Taxidermy: Proposed as an allowed use in the Corridor Mixed Use zone. Taxidermy is a low intensity use generating low traffic volumes. A. BACKGROUND INFORMATION 1. APPLICATION PROCESSING: SVMC Chapter 17.80, Permit Processing Procedures. The following summarizes application procedures for the proposal. Process Date Published Notice of Public Hearing: June 22 & June 29 Posted Notice of Public Hearing: June 22 B. FINDINGS AND CONCLUSIONS SPECIFIC TO THE MUNICIPAL CODE TEXT AMENDMENT 1. Compliance with Title 17 (General Provisions) of the Spokane Valley Municipal Code a. Findings: SVMC 17.80.150(F). Municipal Code Text Amendment Approval Criteria i. The City may approve Municipal Code Text amendment if it finds that (analysis is italicized): Page 3 of 4 Staff Report and Recommendation CTA -02 -12 (1) The proposed amendment is consistent with the applicable provisions of the Comprehensive Plan. Staff Comment. The proposed amendments are consistent with the applicable policies of the Comprehensive Plan. They maintain the intent of the code while allowing for greater flexibility for businesses wishing to locate in the City of Spokane Valley. Below are the relevant policies from the Comprehensive Plan: LUG -3: Transform various commercial business areas into vital, attractive, easily accessible mixed use areas that appeal to investors, consumers and residents and enhance the community image and economic vitality. LUP -4.2: Integrate retail developments into surrounding residential areas with attention to quality design and function. LUP -8.1: Allow commercial, residential and recreational uses in conjunction with permitted uses in Office designated areas. (2) The proposed amendment bears a substantial relationship to the public health, safety, welfare, and protection of the environment; Staff Comment: Public health, safety and welfare are furthered by providing flexible development regulations while preserving the character of surrounding neighborhoods. 2. Finding and Conclusions Specific to Public Comments a. Findings: As of July 3, 2012 no written comments have been received. b. Conclusion(s): Adequate public noticing was conducted for CTA -02 -12 in accordance with adopted public noticing procedures. 3. Finding and Conclusions Specific to Agency Comments a. Findings: Staff has received no agency comments as of July 3, 2012. b. Conclusion(s): No concerns are noted. C. OVERALL CONCLUSION The proposed City initiated Municipal Code Text amendment is consistent with the Comprehensive Plans policies and goals. D. RECOMMENDED MOTION I move to recommend approval of CTA -02 -12 to the City Council; or I move to recommend approval of CTA -06 -11 with the following changes...... Page 4 of 4 Spokane Valley Planning Commission DRAFT Minutes Council Chambers — City Hall, 11707 E. Sprague Ave. July 12, 2012 L CALL TO ORDER Chair Bates called the meeting to order at 6:00 p.m. II. PLEDGE OF ALLEGIANCE Commissioners, staff and audience stood for the pledge of allegiance III. ROLL CALL Commission Members Bill Bates -Chair Fred Beaulac John G. Carroll Rustin Hall Rod Higgins Steven Neill Joe Stoy — Vice Chair City Staff 001"F John Hohman, Community Development Director Cary Driskell, City Attorney Lori Barlow, Senior Planner Christina Janssen, Assistant Planner Deanna Griffith, Secretary Commissioner Bates welcomed the return of Fred Beaulac to the Planning Commission. Mr. Beaulac had served the City as a Planning Commission member previously between 2003 and 2008 and has been reappointed by the Mayor on July 3, 2012 to serve out the term of Commissioner Marcia Sands who had resigned. IV. APPROVAL OF AGENDA Commissioner Stoy made a motion to approve the agenda as presented. This motion was passed unanimously. V. APPROVAL OF MINUTES Commissioner Neill made a motion to approve the May 10 and May 24, 2012 minutes as presented. Commissioner Stoy stated he would not vote on the May 24, 2012 minutes as he did not attend this meeting. The vote on the minutes to approve as presented was six in favor, zero against for the May 10, 2012 minutes and five in favor, zero against for the May 24, 2012 minutes. Commissioner Beaulac did not vote on either set of minutes since this was his first meeting upon returning to the Commission. VI. PUBLIC COMMENT There was no public comment. VII. COMMISSION REPORTS Commissioners had nothing to report Planning Commission Minutes 07 -14 -12 Page 1 of 11 VIII. ADMINISTRATIVE REPORTS Community Development Director, John Hohman, welcomed Commissioner Beaulac to the Commission and wished him well as a seasoned member. IX. COMMISSION BUSINESS A. Unfinished Business: City Attorney Cary Driskell reviewed the proposed changes to the Planning Commission Rules of Procedure. Mr. Driskell discussed only the substantive suggested changes however there is also the cleanup of terms and formatting of some items for consistency. Commissioner Bates stated he was a little concerned about the addition of the statement, in Section 9(A). Mr. Bates, and other Commission members, felt "not be permitted to speak" was negative and preferred to have it rewritten so it was more positive. Any person who fails to sign in shall wait to speak until all those who have signed in have had an opportunity to speak. deffe-&e--At any public hearing, persons who have signed in and wish to be heard shall be given an opportunity to be heard. Commissioner Carroll asked about the proposed change to item 97 Voting. B. For the conduct of business dealing with matters which require adoption or changes to the City's Comprehensive Plan and the election of officers, at least four affirmative votes must be cast. Each member of the Commission is entitled to one vote. No proxy shall be allowed. Mr. Carroll's concern was if there was not a complete Commission in attendance it could give more weight to a negative vote. Mr. Driskell explained it could be possible, but if it was a concern then the Commission should move the particular item to another meeting where the full Commission could be in attendance. Commissioner Carroll shared that Section 8(C)(2), bothered him just a little bit. By the written request to the Chair, or, in the Chair's absence, to the Vice - Chair, of three or more members of the Commission. Commissioner Carroll said he wondered how having a discussion of three or more commissioners at one time in order to request a special meeting would not be a violation of the Open Public Meetings Act. Commissioner Stoy stated he agreed with the concern. Attorney Driskell said he felt the problem would be in the words "or more" in the statement. The Commission agreed with Mr. Driskell to strike the words "or more "from the statement. Mr. Driskell discussed the proposed removal of Section I I(B) "The assigned City Council Liaison may attend meetings... " Mr. Driskell stated he believed this subsection was based on a section in the City's Governance Manual, which talks about City Council liaisons for committees. Mr. Driskell said if one reads the language it states a City Council member attends a committee and then comes back and reports to the City Council about what is going on with the committee. Based on best practice, staff is recommending the language come out of the Rules of Procedure. Mr. Driskell stated his concern was it could be problematic for Planning Commission members to attend City Council meetings and comment on something that happened at a Planning Commission meeting and give their Planning Commission Minutes 07 -14 -12 Page 2 of 11 personal interpretation of what happened at the meeting, which could be different from the recommendation. Mr. Driskell shared that even if someone was paraphrasing the recommendation of the Planning Commission, it could change the record in front of the Council, giving the impression Council was considering new material giving the defeated party grounds for an appeal.. Mr. Driskell said he understood there had been discussions regarding adding procedures for submitting a minority report to the Rules of Procedure. Commissioner Bates stated it had been brought up at several meetings, and he thought he understood the City Council had agreed to this provision. Commissioner Bates stated he seemed to remember, when it had been a close vote, the City Council asking for the thoughts of the opposing side. Mr. Driskell responded he felt Council had stated they were fine with receiving a minority report, particularly where the vote was four to three and it was a significant issue. Mr. Driskell shared the Council had wanted to hear the competing views from the Commission in the past, however as the City Attorney, allowing Commission members to voice their interpretation of the meeting gives options for an appeal to the party who did not win the decision. Commissioner Stoy stated he also felt there should be something in the rules, especially in a close vote, what the vote was and why. Mr. Driskell stated the minutes reflect all of this information. Commissioner Carroll stated it would not hurt to add something about the process for a minority report to the rules. Mr. Driskell suggested limiting it to when there was a four to three vote. Commissioner Beaulac stated he felt that even if the vote should be five to two, if a Commissioner had a very strong opinion, the member should be allowed to write a report. Commissioner Neill agreed. Mr. Driskell asked if the dissenting Commissioners would be expected to draft the report. The Commissions members agreed they would not expect staff to produce this. Commissioner Bates stated there should be guidelines for the minority report so it would not include things that were not discussed during the actual meetings. Mr. Driskell then commented this was one of his concerns with the minority report. Mr. Driskell said for the most part, the Commission members stated their opinions for the record either in support or opposition of a matter, which then becomes part of the permanent record, so what would be the purpose of another record. Commissioner Hall commented if he had something to say, he would voice his opinion at the meeting. When the Commission makes a final decision, then that becomes his final decision as well. Mr. Hall said the information would be on the record. If it the opinions and decisions were not recorded, a person would be able come back later with new information, trying to then make it part of the record after the fact. Mr. Hall does not support minority reports. Commissioner Stoy agreed with Commissioner Hall and now feels a minority report is not necessary. Commissioner Higgins said there were two different records being discussed, the minutes which are forwarded to Council and the recording of the meeting, which someone must take the time to listen to. Commissioner Higgins believes the two are very different. Mr. Higgins said he was afraid that the minority comments would not be adequately reflected in the minutes. Mr. Driskell discussed an example of how additional information could be included in a minority report without the intention of harm. Commissioner Beaulac stated in order to file a minority report the dissenting Commissioner would need to take the time to formulate the opinion, articulate it, put it on paper, and submit it. Commissioner Bates Planning Commission Minutes 07 -14 -12 Page 3 of 11 stated he had changed his mind based on Commissioner Hall's statement and letting the vote of the Commission stand as the recommendation. Mr. Driskell stated he needed a bit more direction as to whether or not to draft some language for this subject. Commissioner Bates asked Mr. Driskell to draft some language to consider at the next meeting. Mr. Driskell stated he would be able to draft the language but would not be at the next meeting. Commissioner Carroll changed his mind based on some of the statements which had been shared earlier. Commissioner Bates again stated he felt that after having discussed so many options at this time the down side to a minority report seems to have taken over. Mr. Driskell stated that he would not be drafting any language regarding a minority report unless he heard consensus to draft some language. There was discussion to see if the Commission had consensus, or not, to draft language for allowing a minority report. After discussion, the Chairman polled the members concerning this matter and the Commission agreed that they would not ask Mr. Driskell to draft language. Commissioner Bates asked Mr. Driskell if it was appropriate for City Councilmembers to attend Planning Commission meetings given the earlier discussion about Commission members addressing City Council. Mr. Driskell stated he would have to defer the question as it was not a subject he had considered at moment. Mr. Driskell pointed out on Section 13(C)(1)(iii) If a Commission member is required to refrain from deliberation or participation by his /her employer because of a real or perceived conflict of interest, then the Commission member should be allowed to recuse or withdraw from that deliberation. Mr. Driskell stated it was suggested by the City Clerk-the sentence should read will be allowed to recuse..... This change will replace the word `should' with the word `will' "_then the Commission member twill be allowed to recuse or withdraw from that... " Mr. Driskell stated the reason for this proposed change is that the person who is requesting to be recused is engaging in a personal exercise as to whether or not they will be unbiased, and if they make the determination, then that request should be honored. Mr. Driskell told the Commission he would like to add a new sentence to Section 13(C)(2) Conflict of Interest Procedure: Every Commission member who has a conflict of interest shall publicly disclose the conflict at the next Commission meeting after the Commission member discovers the conflict. If a discovery or determination of a conflict is made during a Commission meeting the Commission member shall publicly disclose the conflict at that time. The nature and extent of such conflict of interest shall be fully disclosed, and a summary of the same shall be incorporated into the official minutes of the Commission proceedings. The addition of this sentence would help to define the process if a conflict is discovered after the discussion has begun. Commission members moved to amend Section 13(D)(3) - Missing Commission meetings. The section has been modified to read: Missing three or more consecutive regularly scheduled meetings or study sessions_ without such absences being excused by the Commission. Planning Commission Minutes 07 -14 -12 Page 4 of 11 Commissioner Carroll felt there should be a definition of consecutive regularly scheduled meetings. He was concerned someone could take advantage of the exact wording if it was not defined. Mr. Driskell stated the words "or missing six meetings in a 12 month period (whether consecutive or not)" had been removed from this same rule as it was inconsistent with the Municipal Code. He also said the City Council holds itself to the three meetings rule and does not have the six meeting notation. Commissioners Neill and Higgins shared a concern about removing this wording, stating they felt attendance was important and thought both statements should be in the rules. Commissioner Neill stated during the Shoreline Master Program meetings Commissioners continued to state the City should be held to a higher standard. He felt missing six meetings out of 14 would not be an acceptable standard, and the Commission should hold itself to a higher standard. He wondered why the City could not be the first to have a higher standard. Mr. Driskell reminded the Commission the City and State codes have the requirement of three unexcused meetings and the Commission rules can't be inconsistent with the City Code. As it is currently written, it would be. Commissioner Bates suggested the following statement should be changed. If a member is absent, then at the beginning of the Planning Commission meeting the Chair shall inform the Commission of the member's absence, state the reason for such absence, and inquire if there is any objection to excusing the member. Mr. Bates stated he didn't think it should be at the beginning of the meeting but after the roll call. After discussion with Mr. Driskell it was amended to read: read..... If a member is absent, ohm at the beginning o f the p'am ning C-O niffl sio n u., metro g after roll call by the Secretary, the Chair shall inform the... " The Commission requested the following section to be re -written as it is a bit clumsy: If a meeting occurs that is, or would to a reasonable person appear to constitute a violation of the OPM4, the Commissioners involved in the activity should publicly disclose the nature of such activity at the next Commission meeting. If possible, the Commissioner may consult the City Attorney for advice on whether the meeting violates the OPMA. Mr. Driskell asked the Commission how they wanted to proceed. It was decided to have a final copy come back with all suggested changes, then the Planning Commission would make a motion to recommend approval to the City Council. C. New Business: Public hearing — CTA -02 -12 Proposed Amendments to 19.120 Permitted Used Matrix. Chairman Bates opened the public hearing at 6: 57 p.m. and Commissioner Stoy read the rules to a public hearing. Assistant Planner Christina Janssen presented the proposed amendments to Chapter 19.120, Permitted Use Matrix. The following is a brief discussion regarding the proposed changes. City Center: Remove the category of "City Center" as there is no longer any land within the City zoned City Center. Appliance sales /service: Proposed as an allowed use in the Community Commercial zone. The size and scale of typical appliance stores is compatible with the Community Commercial zone. Auction House: Proposed as an allowed use in the Light Industrial zone due the availability of structures large enough to accommodate this type of business. Planning Commission Minutes 07 -14 -12 Page 5 of 11 Manufacturing: Relocate all manufacturing categories from their current alphabetic location in the code to a general "Manufacturing" section within the code for easier navigation. No changes are being proposed to the locations where these uses can locate within the City. Automobile /truck/RV /motorcycle painting, repair, body and fender works: Proposed as an allowed use with conditions in the Community Commercial zone. An appropriate use in this zone provided that it be located within an enclosed structure. Barber/beauty shoes Proposed as an allowed use in the Garden Office zone as these businesses are typically smaller in size and do not generate traffic or noise in amounts that would be disruptive to the adjacent residential uses. Bicycle sales /service: Proposed as an allowed use in the Garden Office zone as these businesses are typically smaller in size and do not generate traffic or noise in amounts that would be disruptive to the adjacent residential uses. Boat sales /service: Proposed as an allowed use in the Corridor Mixed Use and Light Industrial zones where other automobile sales are currently allowed. Brewery, micro: Proposed as an allowed use in the Neighborhood Commercial zone. A growing trend, these small tap breweries typically serve the neighborhoods where they are located. Building Supply & Home Improvement: The Corridor Mixed Use zones have significant vacancies and would be appropriate for this type of use. Other uses already permitted in the CMU zone with a similar NAICS classification include hardware stores and greenhouse /garden centers. Candy & Confectionary: Proposed as an allowed use in the Garden Office and Office zones as these businesses are typically smaller in size and do not generate traffic or noise in amounts that would be disruptive to the adjacent residential uses. Cemetery and crematories: Proposing that these uses be separated and that crematories be contemplated separately due to potential issues with crematories in residential zones. Proposing crematories as an allowed use in the Community Commercial, Regional Commercial, Light Industrial and Heavy Industrial zones. Church, temple, mosque, synagogue and parsonage: Proposed as an allowed use in the Garden Office zone. Small congregations are regularly locating in spaces which were formally small retail or office spaces. These uses are allowed in all other zones within the City with the exception of the industrial zones. Clothes, retail sales: Proposed as an allowed use in the Neighborhood Commercial zone. Smaller, boutique type establishments appropriate to serve the surrounding neighborhood. Drug . A dated term, proposing to rename this item "Pharmacy ", a more widely used term and relocate it alphabetically within the code. Dwelling, townhouse: Proposing to remove this from the Neighborhood Commercial zone where residential uses are not allowed. This change corrects an error in the code. Entertainment /recreation facilities, indoor: Proposed as a permitted use in the Light Industrial zone and with a Conditional Use Permit in the Heavy Industrial zone. These uses, which include indoor soccer centers, batting cages, etc. are growing in popularity and typically locate in large, warehouse type facilities commonly found in industrial areas. Essential Public Facilities: Proposed as Regional Siting in the Corridor Mixed Use zone. This amendment would make it possible for the County to consider parcels zoned CMU when contemplating uses including, but not limited to, hospitals, regional transportation facilities, inpatient facilities, etc. Planning Commission Minutes 07 -14 -12 Page 6 of 11 Exercise facility/gym /athletic club: Proposed as an allowed use in the Office zone. Small scale fitness facilities that locate in strip commercial or office space such as Curves, Anytime Fitness, or the like. These smaller facilities do not generate traffic or noise beyond what would typically be expected in the Office zone. Hobby Shop: Proposed as an allowed use in the Garden Office and Office zones as these businesses are typically smaller in size and do not generate traffic or noise in amounts that would be disruptive to the adjacent residential uses. Home furnishings, retail sales: Proposed as an allowed use in the Neighborhood Commercial zone. These smaller, boutique style stores serve the neighborhoods where they are located. Market, outdoor: Proposing to change this use from requiring a Temporary Use Permit to an outright permitted use in the Mixed Use Center, Corridor Mixed Use, Community Commercial, Regional Commercial, Parks and Open Space, and Light Industrial zones. Outdoor markets are growing in popularity and often are functional for longer than the 6 months the Temporary Use Permit currently allows. Mobile food vendors: Allowed with conditions in the Neighborhood Commercial zone. These small businesses, which serve the neighborhood where they are located, would need the permission of the property owner and the Health Department. Music store: Proposed as an accessory use in the Garden Office zone as this would be compatible with specialized training, such as a music school. Office & Computer sales: Proposed as an allowed use in the Neighborhood Commercial zone. Smaller, neighborhood scale businesses as opposed to "big box" office retail (Office Depot). Photo -graphic Studio: Proposed as an allowed use in the Garden Office and Office zones as these businesses are typically smaller in size and do not generate traffic or noise in amounts that would be disruptive to the adjacent residential uses. Print Shop: Proposed as an allowed use in the Neighborhood Commercial zone. Small scale businesses serving the neighborhoods where they are located. Radio/TV broadcasting studio: Proposed as an allowed use in the Light Industrial zone due to the large equipment required for this type of business. Recreational vehicle sales and service: Proposed as an allowed use in the Corridor Mixed Use zone where other types of automobile sales are currently allowed. Specialized training /learning schools or studios: Proposed as an allowed use in the Garden Office zone, these types of businesses which can include dance, martial arts, music, or other similar uses do not generally produce traffic or noise which would be harmful to nearby neighborhoods. Taxidermy: Proposed as an allowed use in the Corridor Mixed Use zone. Taxidermy is a low intensity use generating low traffic volumes. Ms. Janssen reminded the Commission City Council had requested staff to review permitted uses in the Garden Office and Corridor Mixed Use zones. Staff had identified a number of permitted uses throughout the matrix that could use some clean up and decided to use this opportunity to conduct a complete review of the permitted use matrix. Ms. Janssen stated during the study session the Commissioners identified a couple of subjects for staff to research, including crematories. Ms. Janssen stated there are two crematories in the CMU zone (both are located on Pines Rd.), both are legal non- conforming uses. Commissioner Carroll stated this use should be allowed in more places Planning Commission Minutes 07 -14 -12 Page 7 of 11 because it is becoming a more popular alternative and it should be allowed in the CMU zoning district. Mr. Carroll asked it had been considered to allow a crematory as a conditional use as an accessory to a funeral home since funeral homes are permitted in the CMU zone. Community Development Director John Hohman stated it could be something the Commission could deliberate about after the public hearing. The Commission inquired about allowing crematories in the CMU zone with a conditional use permit. Staff explained a conditional use permit requires a public hearing before the Hearing Examiner. The Hearing Examiner would then apply conditions to the permit on a case by case basis. It was also explained this process is used as a tool to provide an opportunity for more public input. Sr. Planner Lori Barlow stated is different than placing conditions on an allowed use. She cautioned the Commission to be careful when considering whether to make something a conditional use permit process or to allow the use with special conditions. The Commission would need to think about what effects or impacts the conditions would have, and if the conditions could be applied to every situation equally. Mr. Hohman suggested it could be considered and discussed, however the CMU zoning district had a lot of uses which could also have a use attached as a conditional use and it is something the Commission should consider when they deliberate. The Commission took a break at 7:12 p.m. and returned at 7:24 p.m. At the return from the break, the Commission began taking public testimony. Mike King, 107 S Howard, Spokane — Mr. King submitted a letter to the Commission for review. Mr. King requested the Commission allow office uses in the MF -2 zone if the land abuts an arterial, or at least an intersection in which one of the streets is an arterial, and everywhere else in MF -2 with a conditional use permit. Mr. King believes this request would bring the permitted use matrix in line with other surrounding jurisdictions. Mr. King stated the City of Spokane and Spokane County both allow limited office uses in multifamily residential zoning districts. This would allow for the location of more dentist, doctor, lawyer, accountant offices and other such professional office uses. Mr. King believes this change would help with tax revenue and level the "playing field" with surrounding jurisdictions in a competitive market. Mr. King would like the Commission to be aware there is a `rumor' of aircraft manufacturing coming to this area. He would like to see the City maintain aircraft manufacturing in the Heavy Industrial sites and to allow aircraft manufacturing in Light Industrial as a permitted use or as a conditional use in 12. Commissioner Bates asked Mr. King about CPA -05 -12 (Comprehensive Plan amendment proposed at Broadway and Conklin) which he had mentioned in his testimony, and wanting to know the average size of a commercial lot in a MF -2 zone. Mr. King responded it varied in size all over the City. James Ballard, Santa Rosa, CA, 2818 N Sullivan Rd: Mr. Ballard stated he was an investor and owned the property on Sullivan Rd. in which an indoor soccer use is being proposed. Mr. Ballard shared he understood the importance of location of property and of uses and, for this reason, he was a proponent of a recreational indoor use in a Heavy Industrial zone only as a conditional use. Mr. Ballard pointed out there are three other Planning Commission Minutes 07 -14 -12 Page 8 of 11 similar uses in the vicinity of his property: Children First Daycare, Jump and Bounce, and the Northwest Gymnastics Academy. Mr. Ballard stated that allowing recreational use of additional properties will promote long term objective of converting, purely industrial areas to mixed use areas. He shared that indoor recreational uses provide a highly demanded service to the general public which has a direct and lasting impact to the public and general health by promoting exercise and fitness. Mr. Ballard feels safe transportation, parking, ingress and egress issues should be able to be controlled in the heavy industrial areas with a conditional use permit. There was discussion and questions between Mr. Ballard, the Commissioners (with some assistance from the Moore's who are hoping to rent Mr. Ballard's property) regarding the indoor soccer use: • How large a facility would the indoor soccer use need? A clear span of approx. 140,000 sf. • What is in the building now? Currently has one office tenant now, using approx. 45 -30K feet. • How many people at one time would be at the building at one time? Will defer the answer to the business owners, however it would not just a geared to children but also adult players, with 2 playing fields. • Would there be seating for more than the participants? Spectators as well. • How often would the building be in use? Not being sure of the operator's business plans, guessing three to four days a week, nights and weekends. • Is it a year round operation? Defer to the business operators. • Is this the only location you have looked at for property? Mr. Ballard stated he was only concerned about this parcel since he owns this specific parcel. Heather Moore, 18609 E Turtle Creek Lane: Ms. Moore stated she was hoping to be the business owner of the indoor soccer facility. Ms. Moore stated she felt there was a huge demand for this type of facility and it should be a viable facility, with some out -of -town guests being possible. Adults would use the facility at night, kids more during the day. She had looked at other locations, but most had problems. The facility needs to be free span. She said there are lots of empty grocery stores however they are not free span. She looked at other places, like near the Shock training facility however she said she did not feel it was a very safe area. Ms. Moore liked this location as it is right off freeway and has access for lots of people. The Commission members asked Ms. Moore questions regarding her proposed indoor recreational facility: What ages would be considered? As young as possible, she would like to see soccer tots, little kids all the way up to 99 or more. • Would the games be open format like YMCA indoor soccer programs? Yes, similar. with dasher boards, no walls. Planning Commission Minutes 07 -14 -12 Page 9 of 11 • Would there be concessions, tournaments? Yes on food, not sure about tournaments. • Will there be bleachers? Yes, accommodate approx. 50 people with pub tables. • Did she look at the HUB for a location? No, did not approach them, their program is different. • The address on the building is difficult to see. Mr. Ballard explained where the signage was for the building. Seeing no one else who wished to testify, Chair Bates thanked those that participated and closed the public hearing at 7:53 pm Commissioner Stoy asked where this use was listed in the Permitted Use Matrix. Ms. Janssen explained it is under "Entertainment/recreation facilities, indoor ". It was moved by Commissioner Hall the Planning Commission to recommend approval of CTA- 02 -12, proposed amendments of the Permitted Use Matrix, to the City Council. Commissioner Hall stated he was a bit skeptical at first; however, one thing he wanted the Commission to keep in mind was the kind of conditions you would place on something like this and what could move in next door in the future. Mr. Hall then asked Mr. Hohman if he had any thoughts on the proposal by Mr. King to allow limited office uses in the MF -2 zone. Mr. Hohman stated he had not had an opportunity to think about the proposal and would like the opportunity to revisit the subject outside of the meeting, see how the City compares to the City of Spokane and Spokane County. Mr. Hohman said he would like the time to do some research. Commissioner Stoy, Hall and Bates all stated they felt the building would be a good use for the indoor soccer facility. Commissioner Beaulac added he works in the Industrial Park and after 5:00 p.m. and on the weekends most businesses are closed so there would be little traffic from the Park. Director Hohman stated staff supports entertainment/recreational facility, indoor as a conditional use permit in order to evaluate the conditions, location, and surroundings, and then either recommend approval or denial to the Hearing Examiner. Mr. Hohman said he would anticipate staff recommending approval of this type of facility in a location similar to this, since there is no actual proposal in front of staff at this time. However, he also shared there are places which staff would not recommend approval such —as next to rail traffic, next to a foundry or something along those lines. The Conditional Use Permit process allows staff to look at the site, prepare a staff report and allows for public input. Commissioner Carroll expressed concern about the future and how would you condition it so that things could not affect the future in a hazardous way. Commissioner Stoy asked if it was possible to make office uses in the MF -2 zone require a conditional use permit as well. Staff stated they would investigate this issue and return with more information at the next meeting. X. GOOD OF THE ORDER Commissioner Stoy welcomed Commissioner Beaulac. XL ADJOURNMENT Planning Commission Minutes 07 -14 -12 Page 10 of 11 The being no other business the meeting was adjourned at 8:09 p.m. Bill Bates, Chairperson Deanna Griffith, PC Secretary Date signed Planning Commission Minutes 07 -14 -12 Page 11 of 11 Spokane Valley Planning Commission DRAFT Minutes Council Chambers — City Hall, 11707 E. Sprague Ave. JULY 269 2012 L CALL TO ORDER Chair Bates called the meeting to order at 6:00 p.m. II. PLEDGE OF ALLEGIANCE Commissioners, staff and audience stood for the pledge of allegiance. III. ROLL CALL COMMISSIONERS Bill Bates -Chair Fred Beaulac John G. Carroll Rustin Hall Rod Higgins Steven Neill Joe Stoy — Vice Chair IV. APPROVAL OF AGENDA CITY STAFF Am John Hohman, CD Director Scott Kuhta, Planning Manager Christina Janssen, Assistant Planner Karen Kendall, Assistant Planner Deanna Griffith, secretary Commissioner Stoy made a motion to approve the July 26, 2012 agenda as presented. This motion was passed unanimously. V. APPROVAL OF MINUTES There were no minutes to approve. VI. PUBLIC COMMENT There was no public comment. VII. COMMISSION REPORTS Commissioners had nothing to report. VIII. ADMINISTRATIVE REPORTS Planning Manager Scott Kuhta stated the Shoreline Goals and Policies were now before the City Council who had expressed appreciation for the work done by the Planning Commission. Mr. Kuhta also shared that Comprehensive Plan amendment CPA -05 -12 was still an issue with the City Council but was moving forward to with a developer's agreement. IX. COMMISSION BUSINESS A. Unfinished Business: 1. Proposed amendments to the Planning Commission Rules of Procedure: Planning Commission Minutes 07 -26 -12 Page 1 of 11 Mr. Kuhta said that City Attorney Cary Driskell was unable to attend the Planning Commission meeting. Mr. Kuhta said the Commission had been provided with copies of the last version, both clean and strike - through, of the proposed changes to the Planning Commission Rules of Procedure. Mr. Kuhta said the final changes discussed whit the Commission at the last meeting had been made. Mr. Kuhta stated there had been discussion about adding in the sentence regarding the discovery of a conflict during the meeting, Every Commission member who has a conflict of interest shall publicly disclose the conflict at the next Commission meeting after the Commission member discovers the conflict. discovery or determination of a conflict is made during a Commission meeting the Commission member shall publicly disclose the conflict at that time. The nature and extent of such conflict of interest shall be fully disclosed, and a summary of the same shall be incorporated into the official minutes of the Commission proceedings. A change was made as to when the Chair would recognize the absence of a member, after roll call instead of at the beginning of the meeting: If a member is absent, a ter roll call by the Secretary, the Chair shall inform the... " Mr. Kuhta also pointed out in the Rules under Section 9(C) there is a script which will now be read at the beginning of public hearings. . C. When the Commission conducts a hearing to which the Appearance of Fairness Doctrine applies, the Chair (or in the case of a potential violation by that individual, the Vice Chair) will ask if any Commission member knows of any reason which would require such member to excuse themselves pursuant to the Appearance of Fairness Doctrine. The form of the announcement shall be as follows: All Commission members should now give consideration as to whether they have: 1. A demonstrated bias or prejudice for or against any party to the proceedings; 2. A direct or indirect financial interest in the outcome of the proceeding; 3. A prejudgment of the issue prior to hearing the facts on the record, or 4. Had ex parte contact with any individual, excluding staff, with regard to an issue prior to the hearing. Please refer to Section IS(B) for more specific information on how to proceed where there has been an ex parte communication. If any Commission member should answer in the affirmative, then the Commission members should state the reason for his /her answer so that the Chair may inquire of staff as to whether a violation of the Appearance of Fairness Doctrine exists. Commissioner Stoy asked if he would be required to read this script at the hearing being held later in the meeting. Mr. Kuhta responded no, it would not be necessary at this hearing. He said the hearing scheduled for later in the meeting, was a code text amendment and the Appearance of Fairness Doctrine. Mr. Kuhta shared this would only apply to land use issues, similar to Comprehensive Plan amendments where it would be possible for a Commission member to benefit from the change. Planning Commission Minutes 07 -26 -12 Page 2 of 11 Commissioner Bates pointed out he thought the Rules for a Public Hearing had had another item listed in it. He said he remembered there being a notation to limit remarks to three minutes. He would like to have this put back in the listing. 5. Please limit your testimony to three minutes. 6. These rules are intended to promote an orderly system of holding a public hearing and to give persons an opportunity to be heard Commissioner Hall then made a motion to recommend approval of the Planning Commission Rules of Procedure as amended on July 26, 2012. This motion was approved unanimously. Commissioner Carroll then asked if, according to the rules, Commissioner Beaulac would be eligible to hold an office in January based on his prior service. It was determined that he would be eligible given his prior service. 2. Continued Deliberations - CTA -02 -12 Proposed Amendments to 19.120 Permitted Use Matrix. Assistant Planner Christina Janssen stated she had the information the Commission requested during deliberations on July 12, 2012. The first subject concerned allowing crematoriums in the Corridor Mixed Use zone. Ms. Janssen said she had spoken to the Spokane Regional Health District who informed her crematoriums go through a very rigorous permitting process. Ms. Janssen then said she talked to a manufacturer of the burning units. She said they consist of two chambers; one main burner, which does a majority of the work, and a second chamber, which takes care of any odor or smoke which is left over. Ms Janssen said if a unit was over loaded, it would be possible for emissions to occur. Because of this possibility, staff still recommends not to allow crematories in the CMU zone. Ms. Janssen then discussed the request to allow some office uses in MF -2 zone. Ms. Janssen said she had provided the Planning Commission pages from the City's Comprehensive Plan. The Comprehensive Plan specifies that the Office zone is used to buffer High Density Residential. The Comprehensive Plan does not mention High Density Residential having any office uses at all. Ms. Janssen said allowing office uses in the MF -2 zone does not fall in line with the Comprehensive Plan. She told the Commission if they wanted to allow any office uses in the MF -2 zone it would require a change to the Comprehensive which could not happen until after Nov. 1, 2012. The final subject Ms Janssen addressed was Entertainment/Recreation Facilities, Indoor. This use was originally proposed to be allowed in the Heavy Industrial zone with a Conditional Use Permit (CUP). Staff now recommends this should be an allowed as a permitted use subject to special conditions. Ms. Janssen referred to regulations listed in the SVMC 19.70.020, Heavy Industrial zones. Ms. Janssen reminded the Commission the CUP process is lengthy and is generally used to mitigate impacts to residential areas and to allow for public input. She said this type of facility would generally not locate around a residential area. Commissioner Beaulac asked if this amendment were approved, would it prohibit some kind of hazardous use locating next to the recreational facility. Staff responded no. Commissioner Higgins asked if it would make the recreational facility non - conforming. Staff responded that it would not make the facility non - conforming. Planning Manager Planning Commission Minutes 07 -26 -12 Page 3 of 11 Kuhta said the recreational facility could be conditioned so if a hazardous use moved in next door the recreational facility would have to move. However, it would be very difficult to move them after they were in business and it would be expensive. Commissioner Stoy asked if Marietta was an arterial road. Staff responded it is an arterial. Commissioner Bates asked if the existing crematoriums were up and running before City incorporation. Staff responded that they were in place prior to incorporation. Mr. Bates further asked if they are certified and permitted by the Spokane Regional Health District. Ms. Janssen stated that yes, they are (permitted and certified). Mr. Bates also wanted to confirm there are three crematoriums in the City; one is conforming, SCRAPS, (which only takes care of animals) and two which are both legal non- conforming uses. Commissioner Neill stated he was aware of several places in the City that have office uses in residential areas. He wondered why it was a concern, if offices were already located in this zone and the offices were on an arterial. Commissioner Higgins asked if the owner of Comprehensive Plan amendment CPA- 05 -12, (who requested to change the Comprehensive Plan designation from Low Density Residential to High Density Residential) could place an office building on the property instead of a apartment complex. Staff responded that office uses are not allowed in High Density Residential areas. Commissioner Bates commented he felt there was enough space for someone to find office space to occupy. He said he was of the opinion there is space available, so it does not inhibit people from coming here. Commissioner Neill said then the property owner could not do what they wanted to on the property. Commissioner Hall shared he had compared the MF -2 zone in other jurisdictions: •Spokane County allows office uses in MF -2, •the City of Spokane conditions the office uses, and • the City of Liberty Lake does not allow any office uses in a MF -2 zone. Commissioner Carroll said he agreed there are enough choices for office space now, but this is a topic that could be considered later. Commissioner Bates said allowing other uses in High Density Residential and Medium Density Residential, could open a can of worms and he agrees with staff to leave the matrix is currently presented. Commissioner Hall asked to clarify if there are only three topics which were requiring a decision. It was confirmed this was correct. Crematoriums, Office uses in HDR zone and Entertaimnent/Recreational facilities, indoor in the I -2 zone are the only issues remaining. Chair Bates asked the members if there were any objections with the staff recommendation on crematories. Commissioner Carroll stated he did object. Mr. Carroll felt cremation was becoming a more popular service and needed to be allowed in line with funeral homes. He believes allowing crematoriums in the CMU zone would have little impact to land use and would provide better customer service. Commissioner Bates asked if staff was aware of any complaints being filed regarding Planning Commission Minutes 07 -26 -12 Page 4 of 11 the two crematories located in the City currently. Staff stated they were not aware of any complaints. Commissioner Neill stated he agreed with Mr. Carroll. Commissioner Beaulac wondered about someone who would want to locate an animal cremation business in a residential zone. He asked who would want to locate next to that kind of a business. Commissioner Stoy shared he lives only a few blocks from one of the crematoriums and did not realize it was there for some time. Mr. Stoy agreed with Commissioner Carroll to allow crematoriums for the customer service needs. Commissioner Higgins stated that like businesses should be aligned. Commissioner Carroll made a motion amend the original motion to allow crematoriums in the Corridor Mixed Use zone. The vote on the amendment is four in favor, three against with Commissioners Bates, Beaulac, and Hall dissenting. Commissioner Neill made a motion to amend the original amended motion to allow office uses in MF -2 zoning district. Asst. Planner Janssen reminded the Commission if they pass this amendment the Matrix will no longer be consistent with the Comprehensive Plan. It is staffs opinion if the Commission feels strongly about making this change they should wait for a Comprehensive Plan amendment first. Mr. Kuhta also reminded the Commission the High Density Residential section of the Comprehensive Plan makes no reference to allowing, even on a limited basis, any office uses. Mr. Kuhta said the Comprehensive Plan has specifically separated out Office uses from High Density Residential. The vote on the amendment is zero in favor and seven against, motion fails. Commissioner Higgins moved to amend the original amended motion to allow Entertainment /Recreational Facilities, Indoor as an allowed use with the following extra conditions: Entertainment /recreation facilities, indoor shall comply with the following conditions: a. Site must take access directly from an arterial street. b. All required parking must be located on the same parcel as the building /use. c. The proposed site must not be located adjacent to potentially hazardous land uses, such as petroleum storage, foundries or other explosive storage. Commissioner Carroll asked for some clarification on item (b) in the conditions. Mr. Kuhta stated there was a possibility the use might not have enough parking on the parcel they are on, so they might want to request a joint parking agreement. Staff recommends that all parking be located on the same site as the use. Commissioner Stoy asked it if was possible for the use to get a variance, or a parking agreement if they needed it. Mr. Kuhta explained this condition is very specific and the applicant would need to find a site that will accommodate their parking. Commissioner Stoy asked if street parking can count for required parking. Staff responded that the code does not allow street parking to be used for parking requirements. Commissioner Hall stated after some thought he can't support this request. Mr. Hall said the future can't be controlled and he is worried about what could move in and surround this kind of a use. It is an industrial area and that is what the zone is intended for. Commissioner Beaulac asked about the comment which was made earlier regarding if someone moved in next to the recreation facility, if they would have to Planning Commission Minutes 07 -26 -12 Page 5 of 11 move. Mr. Kuhta said another condition could be added to require the facility to move or do something to mitigate the potential hazard. However, it would be a huge risk, for the property owner and staff would not recommend adding this condition. Ms Janssen stated the Commission could go back to the CUP, which would allow a site specific review. Commissioner Higgins commented there would still be a problem if a hazardous use moved in next door. Ms Janssen said the Hearing Examiner would review the proposal, set conditions and they would remain with the property. Commissioner Bates said this is a growing trend and there are few buildings where this kind of a use could fit. Mr. Bates stated he cannot support this use in a heavy industrial area. Commissioner Higgins said it was mentioned in the public hearing there are not a lot of clear span buildings outside of industrial areas. Commissioner Hall said there are zoning and permitting processes which allow a new building. Commissioner Carroll asked if there was a way to add another condition, asking for a 200 foot buffer around the recreation facility that would not allow any hazardous material to be located within that buffer. Mr. Kuhta stated he would be hesitant to consider that. He explained conditions should be related to the property itself and not to an adjacent property. Commissioner Higgins asked if this would not return the option back to a CUP. Staff responded yes, it would. Commissioner Stoy asked if a heavier landscaping buffer could be required by the new property owner adjacent to the site. Mr. Kuhta stated the City could not require the adjacent landowner to add landscaping. Commissioner Neill stated he was inclined to explore the possibility of requiring the entertainment facility to move if something dangerous moved in next door. Commissioner Beaulac asked if we did make the condition that they would have to move the facility if something hazardous moved in next door, they applicant would know this before investing. Staff answered yes. Commissioner Hall asked if this amendment fell into line with the Comprehensive Plan. Staff answered the City already allows outdoor entertainment facilities. Mr. Kuhta suggested, rather than add another condition which would apply to all uses, it would be simpler to return to the CUP process so the Hearing Examiner can make site specific conditions. Commissioner Carroll stated he would have to vote against this amendment due to his concern about the children. The vote on this amendment is one in favor, six against. Commissioner Neill was the only vote in favor. This motion fails. The amended motion is to approve all changes to the Permitted Use Matrix as presented by staff with the following change, Crematories will be allowed in the Corridor Mixed Use zoning districts. The vote on the amended motion is unanimous in favor. B. New Business: Study Session and Public Hearing for CTA -01 -12 — Proposed Amendment to 19.120 Permitted Use Matrix, Allow Animal Shelters in Corridor Mixed Use (CMU) Assistant Planner Karen Kendall gave a presentation to the Commission regarding the proposed amendment to allow animal shelters in the CMU zoning district. Ms. Kendall explained that animal shelters are currently only allowed in Light and Heavy Industrial. Planning Commission Minutes 07 -26 -12 Page 6 of 11 Ms. Kendall stated this is a privately initiated amendment and the applicant is Spokane County. Spokane County is requesting the animal shelters be a permitted use in the Corridor Mixed Use (CMU) zone Ms Kendall provided three options for the Commission to consider: if they chose to recommend approval of this amendment: 1. Allow animal shelters as a permitted use; or 2. Allow animal shelters as a permitted use with conditions: a. No outside runs or areas b. Must follow all standards of Title 22, Design and Development Standards c. Must be owned by a public entity; or 3. Allow animal shelters only with a Conditional Use Permit (CUP). This option would require a hearing in front of the Hearing Examiner, which would allow the residence in the area to comment and for mitigation of site specific impacts such as noise, odor, lights, etc. Ms Kendall stated it is staff's recommendation to allow animal shelters with a CUP. Commissioner Bates opened the public hearing at 7:12 p.m. Commissioners had questions of staff before taking public testimony. Commissioner Carroll asked the difference between an animal shelter and a kennel. Staff stated the difference for the City is the scale. Animal shelter provides more than temporary housing for the animals, it also supplies licensing, training, a crematorium, 100 dog runs, provide for cats, and quarantine for dangerous dogs. Kennels are for personal animals, shelters are for strays and abandoned animals. However, staff noted there is no definition for an animal shelters in the code. Commissioner Carroll asked if kennel is was a conditional use in the matrix. Staff responded it was a permitted use. Mr. Carroll asked about a business called Flintlock Kennels, which had been referenced on an exhibit listing several other kennels in the City, provided along with the staff report. Staff stated this business is a legal non - conforming use with 50 indoor runs. It was also discussed this kennel is on the edge of the City which is very rural in nature. Commissioner Hall announced Spokane County was a client of his firm, however since this request was not site - specific he felt he could participate without issue. Commissioner Bates asked if the animal crematorium was regulated by Spokane Regional Clean Air. Ms. Kendall stated that SCRAPS had received a new crematorium in 2000, which was permitted by Spokane Regional Health District and they receive a new permit every year. Ms. Kendall also shared if SCRAPS were to move, they would be required to get a new permit. Commissioner Stoy read the rules to the public hearing. John Pederson, 1116 West Broadway: Mr. Pederson stated he is the Planning Manager for Spokane County and he was the applicant for the proposal. Mr. Pederson stated the County would like to propose the animal shelters be a permitted use, with conditions. The Planning Commission Minutes 07 -26 -12 Page 7 of 11 conditions would be that the shelter must be owned by a public entity. Mr. Pederson stated this would limit the project by nature of the use. He also said all kennel activity should occur indoors and the shelter would have to comply with all of the requirements of SVMC Title 22 landscaping, signage, buffering. Mr. Pederson stated there are a wide variety of uses allowed in the CMU zone without any conditions which would have a far higher impact than an animal shelter. Mr. Pederson stated a high school would have a far greater impact than animal shelter serve the regional needs of the communities. Mr. Pederson pointed out the proposal is consistent with the Comprehensive Plan. He stated Land Use Policy 9.2 allows public and quasi public uses in Corridor Mixed Use. He stated the staff recommends approval of this amendment. Mr. Pederson said the CMU zone already allows kennels as an outright permitted use and an animal shelter is just a larger version of a kennel. Mr. Pederson asked Mr. Kuhta how many complaints the City had received regarding SCRAPS. Mr. Kuhta responded none that he was aware of. Mr. Pederson continued that this text amendment fits the zoning district and if the Commission was concerned about compatibility they could add more conditions. Commissioner Carroll asked if the county routinely provided service other than to dogs and cats. Mr. Pederson stated he would defer the answer to the representative from SCRAPS. He had visited the SCRAPS facility, however all he was aware of was dogs and cats. Todd Mielke, 1116 W. Broadway: Mr. Mielke is a Spokane County Commissioner, Mr. Mielke stated he was a proponent of this proposal. Mr. Mielke said the County did a thorough analysis of where to move the SCRAPS facility Mr. Mielke commented this amendment is consistent with Comprehensive Plan Policy 9.2 which allows for public or quasi - public uses. Mr. Mielke stated if the County was proposing another similar use, it would be outright permitted for example; veterinarian clinic, pet shop, kennel, indoor kennel. Mr. Mielke stated there would be no limitation to the amount of runs, in the examples mentioned, would be permitted without conditions. He shared there are some veterinarian clincs expanding to do boarding, which would still allow them as a permitted use. SCRAPS does not have an in -house veterinarian, they have chosen to veterinarians in the community instead. Mr. Mielke stated the County agrees with staff, agrees with Comprehensive Plan, the only discussion would be if this should be CUP or a permitted use, or permitted with conditions. Mr. Mielke stated he felt the largest concerns would be traffic and lighting issues. He said he thought there were permitted uses which cause more light and traffic concerns, for example; traffic and light - convenience stores, high schools, noise - auto and light truck sales, car washes, clubs, outdoor entertainment, taverns, indoor theaters, smell - bakery, micro - brewery, plastic injection molding, resturants, each one would have more impact than the County feels an animal shelter would have. Mr. Mielke said he would address the question regarding the types of animals which would be housed at the facility. He commented mostly cats and dogs, there have been some exotic animals but there are ordinances in place now so they are phasing out. He commented when SCRAPS is faced with an animal cruelty case some larger animals are taken to the fairgrounds. Commissioner Stoy asked if SCRAPS had a veterinarian on the premise. Mr. Mielke stated SCRAPS had relationships with several veterinarians, and if there was a problem SCRAPS would mostly take the animals to the vet clinics. However if there was a problem, like a Planning Commission Minutes 07 -26 -12 Page 8 of 11 hording situation, some of the vets will come to the location where the animal is, shelter, fairgrounds, etc. Mr. Stoy asked if a vet should determine if an animal is determined it needs to be euthanized, would the vet return the animal to the shelter. Mr. Mielke deferred the answer to Ms. Montana. Nicole Montana, 2521 N Flora Rd.: Ms. Montana stated she was the Operations Manager for SCRAPS. Ms. Montana stated SCRAPS is licensed to euthanize animals on site. Commissioner Bates asked if operating hours would be expanded. Mr. Mielke answered currently SCRAPS is open six days a week, but have on -call services 24- 7..These hours are for emergencies like a dangerous dogs. He said those would be the only people to access the building after hours. Ms. Montana clarified with the regional model there are plans to be open seven days a week, but closed holidays. Commissioner Beaulac asked how many other shelters there were in Spokane County. Commissioner Mielke replied SCRAPS was the only government owned - operated shelter. There is the Humane Society on E. Freya area, they operate as a non-profit facility, they also have a crematorium. Then there is Spokanimal, plus a number of animal rescue groups which operate in the area. Mr. Mielke commented SCRAPS works very well with the other shelters in the area, some concentrate more on adoption but don't do animal control. SCRAPS does exchange animals with other shelters and has one of the highest release rate, by returning them to the owners or having them adopted. Commissioner Neill asked Commissioner Mielke which option he was looking for specifically. Mr. Mielke responded he would rather have a permitted use, or a permitted use with conditions. Mr. Mielke stated he would rather not have to go through the Conditional Use Permitting process because it was unpredictable. Commissioner Carroll asked a question of staff regarding process. Mr. Carroll asked if Spokane County had asked for a kennel would it require this same process. Ms. Kendall responded if it was presented as a kennel then they would be required to comply with the standards in that zoning district. Commissioner Carroll stated it is just a name difference, however Planning Manager Kuhta joined the conversation to state staff would still review the proposal as an animal shelter based on staff s interpretation of the code. Chairman Bates closed the public hearing at 7:50 p.m. The Commission took a break at 7:49 and returned at 7:57 p.m. Commissioner Hall moved the Planning Commission recommend approval of code text amendment CTA -01 -12 to allow animal shelters in the CMU zoning district, subject to conditions, to the City Council. Chairman Bates clarified the staff recommendation was to allow the use with a Conditional Use Permit, Mr. Hall's motion is recommend allowing the use with special conditions. Ms. Kendall stated staff would like to request the Planning Commission make one of the conditions be the use must be located on an arterial. Ms. Kendall one of the options offered in the presentation was to allow the use with conditions, which were laid out as the conditions listed in 19.60.080(A)(4) along with two others. Adding the condition of locating on an arterial would be a fifth condition. Planning Commission Minutes 07 -26 -12 Page 9 of 11 Commissioner Neill stated he talked to Gail Mackie, director of Spokanimal and asked her how she felt about it. Mr. Neill stated Ms. Mackie stated she thought this would be a good idea, put the shelters closer together which would allow an easier exchange of animals if it was necessary. Commissioner Beaulac asked the City of Liberty Lake wanted to open a shelter, would it be allowed. Mr. Kuhta stated that is a situation that is being discussed right now. Chairman Bates clarified the motion: Animal Shelters will be a permitted use with the following conditions as referenced in 19.60.080 (and whichever section would follow) a. Shelter must be owned and operated by a public entity, and b. Shelter must comply with all standard of the SVMC Title 22; and c. There are no outside runs; and d. Compliance with noise standard for a commerical noise souce as identificed by WAC 173 -60 -040 has been demonstrated by the applicant, and e. Shelter must be located on an arterial, and f. Outside recreational areas will be allowed only with human supervision. The vote on the motion is seven in favor, zero against, Motion Passes. X. GOOD OF THE ORDER Commissioner Carroll stated he would like to request to develop and indoor /outdoor entertainment recreation facility overlay for the Comprehensive Plan. Planning Manager Kuhta stated it would be a fairly narrow zone, and it would be difficult to create. Commissioner Carroll would like to see something that would avoid the confusing from this evening. Mr. Kuhta explained that is what the Permitted Use Matrix is for, showing where specific uses are allowed. Mr. Kuhta reminded the Commission the City would want to be careful with its industrial zones, and try and protect them. Employment in Industrial zones is an important issue for the City. Mr. Kuhta stated he would need to think more about this issue and have more discussion with staff. Mr. Kuhta stated staff has a very long list of amendments which have priority this could possibility be lower down on the list if it were added. Staff has several amendments coming forward in the near future. Commissioner Carroll stated he was fine as long as it is on the list. XL ADJOURNMENT The being no other business the meeting was adjourned at 8:22 p.m. Bill Bates, Chairperson Planning Commission Minutes 07 -26 -12 Page 10 of 11 Deanna Griffith, PC Secretary Date signed Planning Commission Minutes 07 -26 -12 Page 11 of 11 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 21, 2012 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Proposed privately initiated amendment to Spokane Valley Municipal Code (SVMC) Title 19.120 (Appendix 21 -A) GOVERNING LEGISLATION: RCW 36.70A.106; SVMC 17.80.150 and 19.30.040 PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: The applicant, John Pederson, Spokane County Building and Planning Department had preliminary discussions with staff regarding the proposed text amendment, prior to a formal submittal. The proposal is to modify Appendix 19 -A, Spokane Valley Municipal Code (SVMC) Chapter 19.120 to either allow animal shelter(s) in the Corridor Mixed Use (CMU) Zone outright or to allow Animal Shelters as a permitted use subject to the following special conditions: 1. Animal Shelter owned and operated by a public entity, 2. No outside dog runs, 3. Soundproof structure to meet requirements of WAC 173 -600, and 4. Comply with parking, landscaping and signage requirements in SVMC Title 22. On July 26, 2012, the Planning Commission conducted a combined study session and public hearing to consider the request. Following public testimony and deliberations, the Commission voted 7 -0 to recommend approval of the proposal to allow Animal Shelters in the CMU zone with the applicant's proposed special conditions and two (2) additional conditions recommended by staff. The added conditions are as follows; 1. Human supervision must occur in any outdoor area 2. Located along an arterial On August 9, 2012, the Planning Commission voted 6 -0 to advance the Findings and Recommendations to the City Council. OPTIONS: Proceed as proposed, or as modified; or direct staff further. RECOMMENDED ACTION: Council consensus to bring this forward for a first ordinance reading at the August 28, 2012 Council meeting. BUDGET /FINANCIAL IMPACTS: None STAFF CONTACT: Karen Kendall, Assistant Planner ATTACHMENTS: Presentation A. Proposed Amended Text B. Planning Commission's Findings and Recommendations C. Staff report and exhibits presented to Planning Commission on 7 -26 -12 D. Draft Planning Commission Meeting Minutes from 7 -26 -12 and 8 -9 -12 pkanc Department of Community Development alle Planning Division 6,00, City Council Administrative Report August 21, 2012 Privately Initiated Code Text Amendment Appendix 19 -A (SVMC19.120) , (CTA-01-12) Background June 27,2012: Spokane County submitted a PRIVATELY INITIATED text amendment with 2 options to be considered to ALLOw ANIMAL SHELTERS in CMU ZONE. Animal Shelter is a large scale facility providing food and shelter to stray, rescued and owner surrendered dogs and cats while promoting adoption. Services offered at current animal shelter located in Spokane Valley; ❖ Pet adoptions and Licensing; ❖ Animal protection; ❖ Educational and training programs; ❖ Free dog houses and spay /neuter vouchers; and ❖ Accessory use, crematorium. Animals visiting the shelter await them owners retrieval or adoption.... Protection Officers will bring in dogs running at large, deemed dangerous, injured or bitten a human /animal and /or being treated cruel. Background continued.. , July 26, 2012: Planning Commission had a combined study session and public hearing. Staff Recommended to ALLow animal shelters in the CMU zone SUBJECT To a CONDITIONAL USE PERMIT. The PLANNING COMMISSION deliberated and VOTED 7 -0 to ALLow animal shelters IN THE CMU Zone subject to SPECIAL CONDITIONS. Analysis for staff s recommendation: ❖ Not site - specific amendment with potential to allow a shelter to be located on any parcel zoned CMU; ❖ CMU zone allows residential uses and borders many residential zoned properties; ❖ Opportunity to mitigate noise and odor; ❖ Increase buffers adjacent to residential uses, if any; and ❖ Opportunity for nearby residents to voice concerns. August 9, 2012: PLANNING COMMISSION voted 6 -0 to ADVANCE FINDINGS AND RECOMMENDATION TO THE CITY COUNCIL. 3 O " It (7 ITY HA I 10 5 P �A N EV Department of Community Development S'oKane - Valle. Planning Division I� 1-1 & 1-2 zones 1Q CMU Zones Frederick Aw W. ran A:JI C,6 1-10111# tPT Upriver Or ?f)FID Dr MI L D Zoning Map 16th Av Pine_ s Road (SW-2 7) 24thAv EU(.11 dy HV ;I de r--&H ZZZ Op k-3 Planning Commission's Recommendation P Rem*led use R Re7" S" ors APPaY •.11:1 ivedule of Permitted lases Appendix 19 -A mal Shelter Sc ` Q d 8191 V•- # 0.0 E E E E Ani P Rem*led use R Re7" S" ors APPaY •.11:1 ivedule of Permitted lases Appendix 19 -A mal Shelter Allow in CMU with conditions B. Supplemental Permitted Use Regulations 6. Animal shelter(s) shall comply with the followinLy provisions; a. Shelter must be owned and operated by a public entity; b. No outside runs allowed; c. Human supervision must occur in any outdoor areas; A L td I n n rtr• 1• A Amy ONy T Taqxwary If eT Ccr A, N Use Fes. Spokane County proposed conditions Staff proposed special conditions c and d to be added to the Planning Commission's Recommendation. oca e "urn" a e is , e. Compliance with noise standards for a commercial noise source as identified by WAC 173 -60 -040 has been demonstrated by the applicant; and E Comply with all standards of SVMC Title 22. ` Q d Reference 4n0itln V•- # 0.0 E E E E a E# 4 # E � 4 r 00 ZU00r 0a. 0 � P P 5yMC 1 goo 9@ )(f;} Allow in CMU with conditions B. Supplemental Permitted Use Regulations 6. Animal shelter(s) shall comply with the followinLy provisions; a. Shelter must be owned and operated by a public entity; b. No outside runs allowed; c. Human supervision must occur in any outdoor areas; A L td I n n rtr• 1• A Amy ONy T Taqxwary If eT Ccr A, N Use Fes. Spokane County proposed conditions Staff proposed special conditions c and d to be added to the Planning Commission's Recommendation. oca e "urn" a e is , e. Compliance with noise standards for a commercial noise source as identified by WAC 173 -60 -040 has been demonstrated by the applicant; and E Comply with all standards of SVMC Title 22. pkanc Department of Community Development alle - Planning Division Ain ti on ATTACHEMENT A Planning Commission's Recommendation: P Permitted Use R Regional Siting S Conditions Apply 19.60.080 B. Supplemental Permitted Use Regulations 6. Animal shelter(s) shall comoly with the followina provisions A Accessory Only T Temporary Permit C Conditional Use Permit a. Shelter must be owned and operated by a public entity; b. No outside runs allowed; c. Human supervision must occur in any outdoor areas; d. Located along an arterial; e. Compliance with noise standards for a commercial noise source as identified by WAC 173 -60 -040 has been demonstrated by the applicant; and f. Comely with all standards of SVMC Title 22. CTA -0 1 -12 code text amendment - Planning Commission's Recommendation Schedule of Permitted Uses N 4-- O R R 2 R '2 Appendix 19 -A pp L O c o R a� O 0 > Reference Conditions Cn � � a� a� �E EE of 1 N c L y 'a v 0) E E E'�E N C LL LL Q X N O fA l4 ` N O O O N O M Q N z 0M C9 O z0 0 W( acn 81291 Animal shelter S P P SVMC 19.60.080(8)(6) P Permitted Use R Regional Siting S Conditions Apply 19.60.080 B. Supplemental Permitted Use Regulations 6. Animal shelter(s) shall comoly with the followina provisions A Accessory Only T Temporary Permit C Conditional Use Permit a. Shelter must be owned and operated by a public entity; b. No outside runs allowed; c. Human supervision must occur in any outdoor areas; d. Located along an arterial; e. Compliance with noise standards for a commercial noise source as identified by WAC 173 -60 -040 has been demonstrated by the applicant; and f. Comely with all standards of SVMC Title 22. CTA -0 1 -12 code text amendment - Planning Commission's Recommendation ATTACHMENT B FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING COMMISSION August 9, 2012 The following findings are consistent with the Planning Commission's decision to recommend approval. Background: 1. Spokane Valley development regulations were adopted in September 2007 and became effective on October 28, 2007. 2. The proposal is a privately initiated code text amendment to Spokane Valley Municipal Code (SVMC) 19.120 (Appendix 19 -A). 3. The Planning Commission held a public hearing on July 26, 2012. The Planning Commission approved the following amendment to SVMC 19.120 and 19.60.080(B)(6). Findings: The Planning Commission finds the proposed code text amendment to be consistent with the applicable provisions of the Growth Management Act, Countywide Planning Policies and the City's Comprehensive Plan; GMA Policies 1. The Washington State Growth Management Act (GMA) provides that each city shall adopt a comprehensive land use plan and development regulations that are consistent with and implement the comprehensive plan. Countywide Planning Policies 2. The Countywide Planning Policies (CWPP) are based on principles developed through a lengthy citizen participation process. One of the guiding principles coming out of that process was the importance of protecting neighborhood character. For most citizens, neighborhood character is one of the primary ingredients in their perceived quality of life. It is the intent of the CWPP to maintain neighborhood character and prevent neighborhoods from suffering the negative effects of growth. City of Spokane Valley Goals and Policies 3. The City of Spokane Valley has adopted goals and policies consistent with the GMA and adopted CWPP. a. Goal LUG -9: Encourage the development of Mixed -use areas that foster community identity and are designed to support pedestrian, bicycle and regional transit. b. Policy LUP -9.2: The mix of land uses allowed in either the Corridor Mixed -use or Mixed -use Center designation should include: i. A full range of retail goods and services including grocery stores, theaters /entertainment, restaurants, personal services and specialty shops; ii. Public /quasi - public uses iii. Commercial uses that require large land uses but have low employment density and are auto - dependent, such as lumber yards, plant nurseries, warehouses and auto dealerships, should be prohibited from either Mixed -use category. c. Goal EDG -1: Encourage diverse and mutually supportive business development and the expansion and retention of existing businesses within the City for the purpose of emphasizing economic vitality, stability and sustainability. d. Policy EDP -1.8: Encourage local organizations engaged in business retention, expansion and recruitment. Findings and Recommendations of the Spokane Valley Planning Commission for CTA -01 -12 Page 1 of 2 ATTACHMENT B e. Goal EDG -5: Collaborate with governmental agencies and the business community to promote a sustainable, strong, diverse and healthy regional economy. The Planning Commission finds the proposed code text amendment bears a substantial relation to public health, safety, welfare, and protection of the environment. Conclusions: The proposed privately initiated code text amendment to SVMC 19.120 (Appendix 19 -A) is consistent with the goals and policies of the Spokane Valley Comprehensive Plan. Recommendations: The Spokane Valley Planning Commission therefore recommends approval to the City Council of proposed privately initiated, code text amendments to SVMC 19.120 (Appendix 19 -A) and 19.60.080 as attached. Ap r ed this 9`" day of ust, 2012 ill Bates, Chairman EST Dea a Griffith, Administrative As t Findings and Recommendations of the Spokane Valley Planning Commission for CTA -01 -12 Page 2 of 2 ATTACHMENT C Spokane ..;0oOValley, STAFF REPORT DATE: July 18, 2012 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION STAFF REPORT AND RECOMMENDATION TO THE PLANNING COMMISSION CTA -01 -12 HEARING DATE AND LOCATION: July 26, 2012, 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: A privately initiated text amendment proposing to amend Spokane Valley Municipal Code (SVMC) 19.120 to allow animal shelters in the Corridor Mixed Use (CMU) zone. APPLICANT(S): John Pederson, Spokane County Building and Planning Department; 1116 West Broadway Avenue; Spokane, WA 99260 APPROVAL CRITERIA: Spokane Valley Comprehensive Plan, Spokane Valley Municipal Code (SVMC) Title 17 General Provisions. SUMMARY OF RECOMMENDATION: The Planning Division, after review and consideration of the submitted application and applicable approval criteria, recommends the Planning Commission modify the proposal to allow animal shelters in the CMU zone subject to a conditional use permit. STAFF PLANNER: Karen Kendall, Assistant Planner, Community Development Department REVIEWED BY: Scott Kuhta, AICP, Planning Manager, Community Development Department ATTACHMENTS: Exhibit 1: Text Amendment Application Exhibit 2: Supporting Documents A. BACKGROUND INFORMATION 1. APPLICATION PROCESSING: SVMC Chapter 17.80, Permit Processing Procedures. The following summarizes application procedures for the proposal. Process Date Pre - Application Meeting: June 20, 2012 Application Submitted: June 27, 2012 Determination of Completeness: July 2, 2012 Published Notice of Public Hearing: July 6, 2012 and July 13, 2012 Sent Notice of Public Hearing to staff /agencies: July 11, 2012 Staff Report and Recommendation CTA -01 -12 PROPOSAL DESCRIPTION: The applicant, John Pederson, Spokane County Building and Planning Department, had preliminary discussions with staff regarding the proposed text amendment prior to a formal submittal. The proposal is to modify Appendix 19 -A, Spokane Valley Municipal Code (SVMC) Chapter 19.120 to either allow animal shelter(s) in the Corridor Mixed Use (CMU) Zone outright or to allow Animal Shelters as a permitted use subject to the following special conditions; a. Animal Shelter owned and operated by a public entity; b. No outside dog runs; c. Soundproof structure to meeting requirements of WAC 173 -600; and d. Comply with parking, landscaping and signage requirements in SVMC Title 22. The following is a summary of the applicant's reasoning as stated in the text amendment application and through verbal discussions. See Exhibit 2 of staff report for supporting documents. a. Uses with greater intensity allowed in CMU zone are light assembly, auto and truck sales, retail, hotel /motel, grocery store, hospital, restaurant with drive -thru, gas stations and convenience stores; and b. Public quasi - public uses such as college /university, church, school (k -12), community hall, post office and college /university; and c. CMU zone is located along major transportation corridors such as, Trent Avenue (SR -290), Pines Road (SR -27) and Sprague and Appleway Avenue; and d. Access to a major corridor will facilitate easier access to future facility by protection officers and public looking to adopt. In addition public transportation services will be easier accessible to use for staff and volunteers; and e. Current regional animal shelter (aka: SCRAPS) operations include pet adoptions, pet licensing, spay /neuter vouchers, animal protection, education programs, free dog training and behavior consultations with literature and crematorium used only for shelter animals; and £ There are 3 existing veterinary clinics/ boarding facilities located in the corridor mixed use zone (CMU). Draft code text language to Appendix 19 -A (SVMC 19.120) has been included in Attachment B of the Request for Planning Commission Action (RPCA) representing the privately initiated proposal. Staff s recommended draft code text language follows in Attachment C of the RPCA. B. FINDINGS AND CONCLUSIONS SPECIFIC TO THE MUNICIPAL CODE TEXT AMENDMENT 1. Compliance with Title 17 (General Provisions) of the Spokane Valley Municipal Code a. Findings: SVMC 17.80.150(F) Municipal Code Text Amendment Approval Criteria The City may approve Municipal Code Text amendment, if it finds that (analysis is italicized): (1) The proposed privately initiated text amendment is consistent with the applicable provisions of the Comprehensive Plan; Analysis. The proposed amendment is consistent with the applicable policies of the Comprehensive Plan. The amendment would maintain the intent of the code, while expanding the uses within the corridor mixed use zone for greater flexibility and Page 2 of 4 Staff Report and Recommendation CTA -01 -12 business /job placement. Below are the relevant policies from the Comprehensive Plan: LUG -9: Encourage the development of Mixed -use areas that foster community identity and are designed to support pedestrian, bicycle and regional transit. LUP -9.2: The mix of land uses allowed in either the Corridor Mixed -use or Mixed - use Center designation should include: • A full range of retail goods and services including grocery stores, theaters /entertainment, restaurants, personal services and specialty shops; • Public/quasi-public uses • Commercial uses that require large land uses but have low employment density and are auto - dependent, such as lumber yards, plant nurseries, warehouses and auto dealerships, should be prohibited from either Mixed -use category. EDG -1: Encourage diverse and mutually supportive business development and the expansion and retention of existing businesses within the City for the purpose of emphasizing economic vitality, stability and sustainability. EDP -1.8: Encourage local organizations engaged in business retention, expansion and recruitment. EDG -S: Collaborate with governmental agencies and the business community to promote a sustainable, strong, diverse and healthy regional economy. (2) The proposed amendment bears a substantial relation to public health, safety, welfare, and protection of the environment; Analysis. The amendment bears substantial relation to public health, safety, welfare and protection of the environment. The proposed amendment will provide services to the community for private and /or public animal protection and adoption of dogs and cats. The CMUzone would provide a centrally located facility on a major transportation route for citizens, employees and volunteers to access. b. Conclusion(s): The proposed privately initiated text amendment is consistent with the approval criteria contained in the SVMC. 2. Finding and Conclusions Specific to Public Comments a. Findings: No public comments have been received to date. b. Conclusion(s): Adequate public noticing was conducted for CTA -01 -12 in accordance with adopted public noticing procedures. 3. Finding and Conclusions Specific to Agency Comments a. Findings: No agency comments have been received to date. b. Conclusion(s): No concerns are noted. Page 3 of 4 Staff Report and Recommendation C. OVERALL CONCLUSION CTA -01 -12 The proposed privately initiated municipal code text amendment is consistent with the Comprehensive Plans policies and goals. D. STAFF RECOMMENDATION The Planning Division, after review and consideration of the submitted application and applicable approval criteria, recommends the proposal to allow animal shelters in the CMU zone subject to a conditional use permit. An animal shelter is a large scale facility providing food and shelter to stray, rescued and owner surrendered dogs and cats. For comparison, the local animal shelter SCRAPS provides shelter to dogs and cats, pet adoptions, licensing, animal protection, educational programs, free dog training classes, and free dog houses to low- income residences. Additionally the facility may have an associated crematorium as an accessory use. Dog runs or individual kennels for an animal shelter can range between 75 and 100 compared to local boarding facilities which provided up to a maximum of 50 dog runs. Noise and odor may be possible concerns to neighboring properties and a conditional use permit process would allow nearby residents opportunity to voice their concerns. The CMU zone allows a mix of retail, light industrial and residential uses ranging from a single - family home to apartments. Additionally, areas zoned CMU are often bordered by a mix of residential zoning. To alleviate potential impacts a conditional use permit would allow the tools to evaluate the proposed shelter and associated uses as well as notify the surrounding neighborhood and establish appropriate mitigation measures to ensure the use is compatible. Draft code text language to Appendix 19 -A (SVMC 19.120) has been included in Attachment 2 of the request for Planning Commission Action (RPCA) to represent the privately initiated proposal. Staff's recommended draft code text language follows in Attachment 3 RPCA. E. RECOMMENDED MOTION I move the Planning Commission recommend approval of CTA- 01 -12, to allow animal shelters in the CMU zoning district subject to a conditional use permit, to the City Council. Page 4 of 4 QTAGG 1 Icr_ Cltii v 1 :1 1 Community Development — Planning Division 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.720.5310 ♦ Fax: 509.688.0037 ♦ ptanningCspokanevaltey.org e Date Submitted:' 9 ,h_ Received by: t1 Fee:. PLUS #: ��/G�, File #: _r -�f©7 C>®08 PART I - REQUIRED MATERIAL RECEIVEO "THE PLANNING DIVISION WILL NOT ACCEPT YOUR APPLICATION IF THE REQUIRED MATERIALS ARE NOT PROVIDED" f �� l� El Pre-Application Meeting Request (include copy of staff worksheet from meeting) JUN ❑ Completed Application Form DEPARTMENT OF ❑ Application Fee COMMUNITY DEVELOPMENT ❑ SEPA Checklist: One (1) copy of completed State Environmental Policy Act (SEPA) Environmental Checklist, including option Non - Project Action supplemental form. (Note: Any previous environmental documents that are relevant to this project should be included and may be adopted by reference.) ❑ Notice of Public Hearing packet for 400 -foot notification. (Please note: DO NOT submit the notice of public hearing packet until you have been contacted by the City. Addresses must be current within 30 days of the Planning Commission public hearing.) ifJ9]ffJMM..JXk1J APPLICANT NAME: Spokane Count MAILING ADDRESS: 1116 West Broadway CITY: Spokane STATE: WA ZIP: 99260 PHONE: 509-477-2265 FAX: 509-477-2274 CELL: EMAIL: SECTION(S) OF CODE PROPOSED TO BE AMENDED (INCLUDE CODE CITATION): 19.120.010. Appendix 19 -A SUMMARY OF REQUESTED CODE AMENDMENT(S): Amend Appendix 19 -A to allow Animal Shelter in Corridor Mixed Use Zone as a Permitted Use (P) Amend Appendix 19 -A to allow Animal Shelter as a Permitted Use, subject to conditions (S). Animal Shelter would be a regional animal control Tactility owned and operated by a public entity. PL -08 V1.0 Page 1 of 3 S y F 00 P ,;oOValley- TEXT AMENDMENT APPLICATION REASON(S) FOR CODE AMENDMENT(S): Table 19 -A does not allow Animal Shelter in Corridor Mixed Use Zone Spokane County Regional Animal Protection Service (SCRAPS) seeks re- location to site zoned Corridor Mixed Use and text amendment would facilitate relocation of a regional animal control facility owned and operated by a public entity. IS THE PROPOSED AMENDMENT CONSISTENT WITH THE APPLICABLE PROVISIONS OF THE COMPREHENSIVE PLAN: Yes Policy LUP -9.2 states "the mix of land uses allowed in Corridor Mixed Use should include Public Quasi Public Uses" SCRAPS is a public use. DOES THE PROPOSED AMENDMENT BEAR A SUBSTANTIAL RELATION TO THE PUBLIC HEALTH, SAFETY, WELFARE, AND PROTECTION OF THE ENVIRONMENT: Yes, re- location of SCRAPS facility necessary to serve citizens of Spokane Region and to facilitate regional animal control facility PART III - AUTHORIZATION (Signature of applicant) I, l � ✓1-�/ (print name) swear or affirm that the above responses are made truthfully and to the best of my knowledge. NOTARY STATE OF WASHINGTON) ss: COUNTY OF SPOKANE ) (D e) SUBSCRIBED AND SWORN to before me this day of .201-2- PL -08 V1.0 Page 2 of 3 p ®kane Valley TEXT AMENDMENT APPLICATION ,,;oO NOTARY SEAL VOTARY SIGNATURE Notary Public in and for the State of Washington Residing at: 1� ..... � My appointment expires: / �f ®� r• r ® NOTARY cn PUBLIC : 2 .' ®FOF WASN��`a,. //1111100 PL -08 V1.0 Page 3 of 3 Chapter 19.120 PERMITTED AND ACCESSORY USES Page 1 of 13 Chapter 19.120 PERMITTED AND ACCESSORY USES Sections: 19.120.010 General. 19.120.010 General. Printinq instructions Uses are classified using the 2002 North American Industry Classification System ( NAICS) published by the U.S. Census Bureau based on category and subcategory. Subcategories include all uses not identified separately by specific number. Uses may be permitted, be subject to conditions, or require conditional or temporary use permits as shown in Appendix 19 -A, the schedule of permitted and accessory uses. R- R- R- R- MF MF Schedule of Permitted Uses Mixed Corridor City Garden 1 2 3 4- -1 -2 NAICS Use Mixed Center Office Appendix 19 -A Center Use Adult entertainment 711 establishment 453 Adult retail use establishment Agricultural processing plant, 311 warehouse 336411 Aircraft manufacturing 481219 Airstrip, private 62191 Ambulance service P P P 54194 Animal clinic /veterinary P 311613 Animal processing facility S S S S S S 112 Animal raising and /or keeping 81291 /animal shelter Animal slaughtering and 31161 processing http:// www. codepublishing .com/WA/SpokaneValley /spval l 9 /spval l9l20.html 5/24/2012 Chapter 19.120 PERMITTED AND ACCESSORY USES Chapter 19.120 PERMITTED AND ACCESSORY USES Sections: 19.120.010 General. 19.120.010 General. Page 1 of 13 Printing instructions Uses are classified using the 2002 North American Industry Classification System ( NAICS) published by the U.S. Census Bureau based on category and subcategory. Subcategories include all uses not identified separately by specific number. Uses may be permitted, be subject to conditions, or require conditional or temporary use permits as shown in Appendix 19 -A, the schedule of permitted and accessory uses. R- R- R- R- MF MF Schedule of Permitted Uses Mixed Corridor City Garden 1 2 3 4. -1 -2 NAICS Use Mixed Center Office Appendix 19 -A Center Use Adult entertainment 711 establishment 453 Adult retail use establishment Agricultural processing plant, 311 warehouse 336411 Aircraft manufacturing 481219 Airstrip, private 62191 Ambulance service P P P 54194 Animal clinic /veterinary P 311613 Animal processing facility, S S S S S S 112 Animal raising and /or keeping 81291 Animal shelter 1 Animal slaughtering and 31161 processing http:// www. codepublishing. com/ WA/ SpokaneValley /spval19 /spval19120.html 5/24/2012 r BUILDING AND PLANNING DEPARTMENT 1026 WEST BROADWAY AVENUE SPOKANE, WA 99260 June 25, 2012 Scott Kuhta, Planning Manger City of Spokane Valley 11707 E. Sprague Ave, Suite 106 Spokane Valley, WA 99206 RE: Text amendment to SVMC Dear Mr. Kuhta: The Spokane County Board of County Commissioners is pleased to submit the attached application for a text amendment to the City of Spokane Valley Municipal Code. More specifically, the proposal is a text amendment to Appendix 19 -A to allow an Animal Shelter in the Corridor Mixed Use Zone as a Permitted (P) use. Or, as an alternative, allow an Animal Shelter in the Corridor Mixed Use Zone as a Permitted use subject to conditions (S). The animal shelter would be owned and operated by a public entity, not allow outside runs, the structure housing the animals will be soundproofed to meet the requirements of Chapter 173 -060 WAC, and will comply with the parking, landscaping, and signage standards of Spokane Valley Municipal Code. This text amendment has been initiated by the Board of County Commissioners as provided for under Section 17.80.150 (2) of SVMC and s consistent with the amendment criteria of Section 17.80.150 (F) as follows. Amendment of Appendix 19 -A is consistent with the applicable provision of the Comprehensive Plan in that the Corridor Mixed Use designation is intended to enhance travel options and encourage development of locally serving commercial uses. Policy LUP -9.2 provides more specificity regarding the range of land uses allowed in the Corridor Mixed Use designation and states that "the mix of land uses allowed should include a full range of retail goods and services and public /quasi - public uses. By way of background, uses currently permitted in the Corridor Mixed Use zone that are of similar or greater intensity, scope, and scale of an animal shelter include light assembly, auto -truck sales, department stores, hotel /motel, grocery store, hardware store, hospital, drive in restaurant, and convenience store. Uses currently permitted in the Corridor Mixed Use zone that are public or quasi - public in nature include a college /university, church, schools (k -12), community hall club /lodge, and post office. Given the above comparison of uses currently permitted in the Corridor Mixed Use zone it is apparent that an animal shelter owned and operated by a public entity is similar to and of the same or JOHN PEDERSON, DIRECTOR OF PLANNING ° RANDY VISSIA, C.B.O., DIRECTOR OF BUILDING & CODE ENFORCEMENT PHONE: (509) 477 -3675 • FAx: (509) 477 -4703 . TDD: (509) 477 -7133 • WWW.SPOKANECOUNTY.ORG/BP ° BPHELP@SPOKANECOUNTY.ORG lesser scale and intensity that the wide range of uses permitted in the existing zone, is a public use and therefore consistent with Policy LUP -9.2 In addition, the proposed amendment bears a substantial relationship to the public health, safety, welfare, and protection of the environment as approval of the text amendment would allow relocation of the current Spokane County Regional Animal Control facility to a new location that provides greater public access via Trent Avenue, will facilitate consolidation of animal control services by a regional entity in partnership with participating jurisdictions and will have no adverse impact on the environment as subsequent site development will comply with all applicable development standards of SVMC. We look forward to working with the City of Spokane Valley in this regional effort and appreciate your flexibility in scheduling the text amendment for a Planning Commission study session and public hearing on July 26, 2012. If you have any questions about the text amendment application or need additional information please contact me at your convenience. Sincerely, ohn Pederson Planning Director C: Board of County Commissioners *AT .I I.110 Spokane Valley Veterinarian Clinics-Boarding Services Mountain Empire Vet Services/Julia's Jungle 12619 East Sprague Avenue, Suites 1 & 2 Spokane Valley, Washington 99216 (509) 922 -6191 *Boarding with 20 dog runs and 20 cat cages /kennels Pet Vet Hospital and Wellness Center 510 South Sullivan Road Spokane Valley, Washington 99037 (509) 92 8-7387 *Boarding with 6 runs 110 kennels for small dogs /cats -some extra room for busy holiday weeks or weekends (per Rochelle) Ponti Veterinary Hospital 25007 East Wellesley Avenue Otis Orchards, Washington 99027 (509) 922 -7465 *Boarding with 16 dog runs and 10 cat cages /kennels Spokane Valley Animal Hospital 14306 East Sprague Avenue Spokane, Washington 99216 (509) 926 -1062 *Boarding with 24 dog runs and total of 21 cages /kennels for cats (per Kelly) Valley Veterinary Clinic 7322 East Sprague Avenue Spokane, Washington 99212 (509) 926 -4206 *Boarding with total of 9 dog runs and 9 cages /kennels for cats (per Sarah) Spokane Valley Commercial Boarding Kennels Cottage Kennel 220 South Custer Road Spokane Valley, Washington 99212 (509) 534 -2939 *14 dog runs Doggyland 11712 East Montgomery Drive, Unit C -1 Spokane Valley, Washington 99206 (509) 924 -5263 *16 dog runs 14 cat kennels Flintlock Country Kennels 17505 East Cataldo Avenue Spokane Valley, Washington 99016 *50 dog runs 117 cat kennels (4 can be made into doubles) Jeanne's Doggie Daycare and Pet Hotel 17809 East Appleway Avenue Spokane Valley, Washington 99016 (509) 924 -2817 *30 dog runs Paradise Pet Resort 11420 East Jackson Avenue Spokane Valley, Washington 99206 *45 dog rums /6 cat kennels OUR WSSION Building a more humane community, protectingpublic safety and ensuring animal welfare through compassionate, responsive, professional enforcement of laws and public policy. SCR PS feeds the hungry, shelters the homeless, andgives abandoned pets the chance they deserve. OUR COMMITMENT SCRAPS serves the unincorporated areas of Spokane County, the Cities of Spokane Valley, Liberty Lake, Millwood, Cheney and Fairchild Ar Force Base. Lreen'se our VISITING SCRAPS Forth SCRAPS 2521 N Flora Road Spokane Valley, WA 99215 (509) 477- 2532 www.spokanecounty_org/scraps Hours Monday through Saturday Noon- 5:30 We are closed Sundays jowyAp . 9�o SC PS 1% �Q, CA. �` df prote(flvjv "Protecting People, Protecting Pets, and Saving Lives." Trent 0 Euclid a t d SCRAPS 2521 N Flora Road Spokane Valley, WA 99215 (509) 477- 2532 www.spokanecounty_org/scraps Hours Monday through Saturday Noon- 5:30 We are closed Sundays jowyAp . 9�o SC PS 1% �Q, CA. �` df prote(flvjv "Protecting People, Protecting Pets, and Saving Lives." SAVING LIVES... anal cruelty and champion neglected and abused animals. '040 4%6' We protect people from dangerous pets and pets from dangerous people. %# Animal care and protection services include: • 24 hour emergency service • Animal cruelty investigations • Animal welfare checks • Responding to animal bites, dogs at large, and barking complaints. Check our website, www.sj2okanecounty.org/scral2s for information on how you can volunteer! • Do you have room in • ■ your family for one more? • ■ If so, SCRAPS has many ■ ■ amazing adoptable pets! • ••••■■••••■■■■• OUR PROGRAMS SCRAPS Behavior Program helps pet owners through free group training classes and Free Behavior and Breed Informational Handouts available at SCRAPS or on -line. SCRAPS also assesses each animal's behavior when they arrive at the shelter in order to properly place them in the right home. Free DogTraining Classes: SCRAPS offers these classes 3 - 4 times per month. Please call ahead to schedule your class at 477 -2532. >. WHO WE .ARE, WHAT WE DO, SPECIAL SERVICES Pet Adoptions Pet Relinquishment (Limited jurisdiction) Licensing (Limited jurisdiction) Spay/Neuter Vouchers (Limited jurisdiction' Animal Protection Educational Programs Free Dog Training Classes Free Behavior Consultations & Literature A NIT) HC)W YnT I CAM HFY. Free Dog Houses for Pets of Low- Income Residents . SCRAPS Animal Protection Officers Animal Protection Officers are deputized by the Sheriff and carry commissions to enforce animal laws. The majority of these laws concern dogs and cats, but officers are prepared to deal with a wide variety of animals and emer- gencies. Officers are equipped with leashes, snares, tranquilizer guns and other specialized equipment, Our Officers Provide: • Rescue of sick and injured animals • Investigation of dog /cat bites • Control of vicious dogs/cats • Pick up of deceased dogs/cats • Impoundments of stray dogs/cats • Investigations of animal cruelty complaints • Issuance of citations for infractions andlor misdemeanors • Acting as expert witnesses in court cases • Assisting other law enforcement agencies with animal related problems • Assisting citizen initiated cases with field investigations • Educating citizens with regard to animal laws and humane treatment of animals ANIMAL PROTECTION NUMBERS SCRAPS ■ For Spokane County (unincorporated), and the Cities of Cheney, Millwood, Liberty Lake and Spolcane Vailey call 477 -2532 SPOKANIMAL CARE ■ For City of Spokane call: 534-8133 OTHER TOWNS & CITIES • For Rockford call: 291-47 16 • For the City of Deer Park call: 276 -8802 • For the City of Medical Lake call: 565 -5003 • For Airway Heights call: 244 -3707 • For Fairchild AFB Gall: 247 -5493 SCRAPS Last Pet Hotline: 477 -8100 SPOKANIMAL SPOKANE HUMANE 710 North Napa SOCIETY Office: 534 -8I33 6607 North Havana Lost Per: 232 -2230 Office :467 -4235 MISSION STATEMENT: Building a more humane community, protesting public safety and ensuring animal welfare through compassionate, responsive, professional enforcement of laws and public policy. SCRAPS is a progressive regional municipal animal care and protection agency based out of Spokane County. Serving the unincorporated areas of Spokane County, the Cities of SpolcaneValley, Millwood, Cheney and Liberty Lake, SCRAPS meets the animal control, protection and care needs of both people and pets in the community. SCRAPS has deputized animal protection officers extensively trained to enforce animal laws and respond to emergency situations.SCRAPS is also active in educational and community outreach programs. SCRAPS is also dedicated to its continued investment in innovative behavioral programs to enrich the lives of shelter animals and to promote adoption. YOUR PET THE LAW SIC PS 'There is more to owning a dog or cat than food, water ,p�. 10- -- and occasional 2. 9] brushing. You should also know your responsibilities to the animal, your neighbors and the law." Provc that Licensing: you care. Pet licensing License (dogs and cats) is � ]/'� 7 r� mandatory in all areas of 5po- pet /cane County within 30 days of acquisition of a pet or when the pet reaches b months of age. It is required that the license be attached to a substantial collar and worn by the pet at all times. Animal At Large: Pets must be con- trolled as a courtesy to others and for their protection. Dogs: The county ordinance specifies that all dogs must be kept confined to your property or be on a leash when off your property. Cats: It is unlawful for a cat to run at large without being spayed or neutered, or to be on private property without permission of the property owner. Disturbing Pedestrians: It is unlawful for an owner to allow their dog to disturb peo- ple lawfully on public ways by snarling, barking, growling, or jumping at or toward such people. Barking: Howling, whining, barking or mak- ing other oral noises in such a manner as to disturb any person or groups of persons to an unreasonable degree is prohibited. In Heat: Any dog or cat accessible to other animals, while in meat, for purposes other than controlled or planned breeding is in violation of the animal ordinance. SPOKANE COUNTY (ANIMAL LAWS Cruelty: It is unlawful to physically mistreat any animal either by deliberate abuse or by ne- glect, or fail to furnish adequate care, shelter, and medical attention. Animal Sites: Any domestic animal (dog or cat) which bites or otherwise breaks the skin of any person will be isolated and quarantined for rabies observation for ten days at the owner's expense. Rabies: Rabies is a fatal disease to pets and humans_ It is transferred through saliva in animal bites. All pets 5 months of age or older are to be currently vaccinated against rabies. Dangerous Animal: Any animal which attacks, bites or physically threatens a person or another animal without provocation could be considered dangerous. If a dog is declared to be dangerous by SCRAPS, the owner of the dog will have to meet specific conditions including, but not limited to, liability insurance and a special kennel to house the animal. Exotic Animals: A person may not own, possess, keep, harbor, bring into the state, or have custody or control of a potentially danger- ous wild animal. For list of prohibited animals, and specific civil penalties and fees visit www.spolmnecounty.org/scraps. Why was my pet picked up? Animals may be impounded when they: . Are deemed dangerous. Are running at large, beyond an owner's premises, and are not secured by a leash. • Have injured or bitten a person or another animal, and continue to remain a threat to people or animals. a Have been subject to cruel treat- ment as defined by RCW Title 16. You can help! You can help SCRAPS protect public safety and ensure animal welfare by: Abiding by all animal laws. Spay and neutering pets (tali for information on our spay/ neuter voucher program). • Enrolling your pet in obedience training. (SCRAPS has free classes!) • Reporting animal cruelty to SCRAPS. Spokane Valley Planning Commission DRAFT Minutes Council Chambers — City Hall, 11707 E. Sprague Ave. JULY 269 2012 L CALL TO ORDER Chair Bates called the meeting to order at 6:00 p.m. II. PLEDGE OF ALLEGIANCE Commissioners, staff and audience stood for the pledge of allegiance. III. ROLL CALL COMMISSIONERS Bill Bates -Chair Fred Beaulac John G. Carroll Rustin Hall Rod Higgins Steven Neill Joe Stoy — Vice Chair IV. APPROVAL OF AGENDA CITY STAFF Am John Hohman, CD Director Scott Kuhta, Planning Manager Christina Janssen, Assistant Planner Karen Kendall, Assistant Planner Deanna Griffith, secretary Commissioner Stoy made a motion to approve the July 26, 2012 agenda as presented. This motion was passed unanimously. V. APPROVAL OF MINUTES There were no minutes to approve. VI. PUBLIC COMMENT There was no public comment. VII. COMMISSION REPORTS Commissioners had nothing to report. VIII. ADMINISTRATIVE REPORTS Planning Manager Scott Kuhta stated the Shoreline Goals and Policies were now before the City Council who had expressed appreciation for the work done by the Planning Commission. Mr. Kuhta also shared that Comprehensive Plan amendment CPA -05 -12 was still an issue with the City Council but was moving forward to with a developer's agreement. IX. COMMISSION BUSINESS A. Unfinished Business: 1. Proposed amendments to the Planning Commission Rules of Procedure: Planning Commission Minutes 07 -26 -12 Page 1 of 11 Mr. Kuhta said that City Attorney Cary Driskell was unable to attend the Planning Commission meeting. Mr. Kuhta said the Commission had been provided with copies of the last version, both clean and strike - through, of the proposed changes to the Planning Commission Rules of Procedure. Mr. Kuhta said the final changes discussed whit the Commission at the last meeting had been made. Mr. Kuhta stated there had been discussion about adding in the sentence regarding the discovery of a conflict during the meeting, Every Commission member who has a conflict of interest shall publicly disclose the conflict at the next Commission meeting after the Commission member discovers the conflict. discovery or determination of a conflict is made during a Commission meeting the Commission member shall publicly disclose the conflict at that time. The nature and extent of such conflict of interest shall be fully disclosed, and a summary of the same shall be incorporated into the official minutes of the Commission proceedings. A change was made as to when the Chair would recognize the absence of a member, after roll call instead of at the beginning of the meeting: If a member is absent, a ter roll call by the Secretary, the Chair shall inform the... " Mr. Kuhta also pointed out in the Rules under Section 9(C) there is a script which will now be read at the beginning of public hearings. . C. When the Commission conducts a hearing to which the Appearance of Fairness Doctrine applies, the Chair (or in the case of a potential violation by that individual, the Vice Chair) will ask if any Commission member knows of any reason which would require such member to excuse themselves pursuant to the Appearance of Fairness Doctrine. The form of the announcement shall be as follows: All Commission members should now give consideration as to whether they have: 1. A demonstrated bias or prejudice for or against any party to the proceedings; 2. A direct or indirect financial interest in the outcome of the proceeding; 3. A prejudgment of the issue prior to hearing the facts on the record, or 4. Had ex parte contact with any individual, excluding staff, with regard to an issue prior to the hearing. Please refer to Section IS(B) for more specific information on how to proceed where there has been an ex parte communication. If any Commission member should answer in the affirmative, then the Commission members should state the reason for his /her answer so that the Chair may inquire of staff as to whether a violation of the Appearance of Fairness Doctrine exists. Commissioner Stoy asked if he would be required to read this script at the hearing being held later in the meeting. Mr. Kuhta responded no, it would not be necessary at this hearing. He said the hearing scheduled for later in the meeting, was a code text amendment and the Appearance of Fairness Doctrine. Mr. Kuhta shared this would only apply to land use issues, similar to Comprehensive Plan amendments where it would be possible for a Commission member to benefit from the change. Planning Commission Minutes 07 -26 -12 Page 2 of 11 Commissioner Bates pointed out he thought the Rules for a Public Hearing had had another item listed in it. He said he remembered there being a notation to limit remarks to three minutes. He would like to have this put back in the listing. 5. Please limit your testimony to three minutes. 6. These rules are intended to promote an orderly system of holding a public hearing and to give persons an opportunity to be heard Commissioner Hall then made a motion to recommend approval of the Planning Commission Rules of Procedure as amended on July 26, 2012. This motion was approved unanimously. Commissioner Carroll then asked if, according to the rules, Commissioner Beaulac would be eligible to hold an office in January based on his prior service. It was determined that he would be eligible given his prior service. 2. Continued Deliberations - CTA -02 -12 Proposed Amendments to 19.120 Permitted Use Matrix. Assistant Planner Christina Janssen stated she had the information the Commission requested during deliberations on July 12, 2012. The first subject concerned allowing crematoriums in the Corridor Mixed Use zone. Ms. Janssen said she had spoken to the Spokane Regional Health District who informed her crematoriums go through a very rigorous permitting process. Ms. Janssen then said she talked to a manufacturer of the burning units. She said they consist of two chambers; one main burner, which does a majority of the work, and a second chamber, which takes care of any odor or smoke which is left over. Ms Janssen said if a unit was over loaded, it would be possible for emissions to occur. Because of this possibility, staff still recommends not to allow crematories in the CMU zone. Ms. Janssen then discussed the request to allow some office uses in MF -2 zone. Ms. Janssen said she had provided the Planning Commission pages from the City's Comprehensive Plan. The Comprehensive Plan specifies that the Office zone is used to buffer High Density Residential. The Comprehensive Plan does not mention High Density Residential having any office uses at all. Ms. Janssen said allowing office uses in the MF -2 zone does not fall in line with the Comprehensive Plan. She told the Commission if they wanted to allow any office uses in the MF -2 zone it would require a change to the Comprehensive which could not happen until after Nov. 1, 2012. The final subject Ms Janssen addressed was Entertainment/Recreation Facilities, Indoor. This use was originally proposed to be allowed in the Heavy Industrial zone with a Conditional Use Permit (CUP). Staff now recommends this should be an allowed as a permitted use subject to special conditions. Ms. Janssen referred to regulations listed in the SVMC 19.70.020, Heavy Industrial zones. Ms. Janssen reminded the Commission the CUP process is lengthy and is generally used to mitigate impacts to residential areas and to allow for public input. She said this type of facility would generally not locate around a residential area. Commissioner Beaulac asked if this amendment were approved, would it prohibit some kind of hazardous use locating next to the recreational facility. Staff responded no. Commissioner Higgins asked if it would make the recreational facility non - conforming. Staff responded that it would not make the facility non - conforming. Planning Manager Planning Commission Minutes 07 -26 -12 Page 3 of 11 Kuhta said the recreational facility could be conditioned so if a hazardous use moved in next door the recreational facility would have to move. However, it would be very difficult to move them after they were in business and it would be expensive. Commissioner Stoy asked if Marietta was an arterial road. Staff responded it is an arterial. Commissioner Bates asked if the existing crematoriums were up and running before City incorporation. Staff responded that they were in place prior to incorporation. Mr. Bates further asked if they are certified and permitted by the Spokane Regional Health District. Ms. Janssen stated that yes, they are (permitted and certified). Mr. Bates also wanted to confirm there are three crematoriums in the City; one is conforming, SCRAPS, (which only takes care of animals) and two which are both legal non- conforming uses. Commissioner Neill stated he was aware of several places in the City that have office uses in residential areas. He wondered why it was a concern, if offices were already located in this zone and the offices were on an arterial. Commissioner Higgins asked if the owner of Comprehensive Plan amendment CPA- 05 -12, (who requested to change the Comprehensive Plan designation from Low Density Residential to High Density Residential) could place an office building on the property instead of a apartment complex. Staff responded that office uses are not allowed in High Density Residential areas. Commissioner Bates commented he felt there was enough space for someone to find office space to occupy. He said he was of the opinion there is space available, so it does not inhibit people from coming here. Commissioner Neill said then the property owner could not do what they wanted to on the property. Commissioner Hall shared he had compared the MF -2 zone in other jurisdictions: •Spokane County allows office uses in MF -2, •the City of Spokane conditions the office uses, and • the City of Liberty Lake does not allow any office uses in a MF -2 zone. Commissioner Carroll said he agreed there are enough choices for office space now, but this is a topic that could be considered later. Commissioner Bates said allowing other uses in High Density Residential and Medium Density Residential, could open a can of worms and he agrees with staff to leave the matrix is currently presented. Commissioner Hall asked to clarify if there are only three topics which were requiring a decision. It was confirmed this was correct. Crematoriums, Office uses in HDR zone and Entertaimnent/Recreational facilities, indoor in the I -2 zone are the only issues remaining. Chair Bates asked the members if there were any objections with the staff recommendation on crematories. Commissioner Carroll stated he did object. Mr. Carroll felt cremation was becoming a more popular service and needed to be allowed in line with funeral homes. He believes allowing crematoriums in the CMU zone would have little impact to land use and would provide better customer service. Commissioner Bates asked if staff was aware of any complaints being filed regarding Planning Commission Minutes 07 -26 -12 Page 4 of 11 the two crematories located in the City currently. Staff stated they were not aware of any complaints. Commissioner Neill stated he agreed with Mr. Carroll. Commissioner Beaulac wondered about someone who would want to locate an animal cremation business in a residential zone. He asked who would want to locate next to that kind of a business. Commissioner Stoy shared he lives only a few blocks from one of the crematoriums and did not realize it was there for some time. Mr. Stoy agreed with Commissioner Carroll to allow crematoriums for the customer service needs. Commissioner Higgins stated that like businesses should be aligned. Commissioner Carroll made a motion amend the original motion to allow crematoriums in the Corridor Mixed Use zone. The vote on the amendment is four in favor, three against with Commissioners Bates, Beaulac, and Hall dissenting. Commissioner Neill made a motion to amend the original amended motion to allow office uses in MF -2 zoning district. Asst. Planner Janssen reminded the Commission if they pass this amendment the Matrix will no longer be consistent with the Comprehensive Plan. It is staffs opinion if the Commission feels strongly about making this change they should wait for a Comprehensive Plan amendment first. Mr. Kuhta also reminded the Commission the High Density Residential section of the Comprehensive Plan makes no reference to allowing, even on a limited basis, any office uses. Mr. Kuhta said the Comprehensive Plan has specifically separated out Office uses from High Density Residential. The vote on the amendment is zero in favor and seven against, motion fails. Commissioner Higgins moved to amend the original amended motion to allow Entertainment /Recreational Facilities, Indoor as an allowed use with the following extra conditions: Entertainment /recreation facilities, indoor shall comply with the following conditions: a. Site must take access directly from an arterial street. b. All required parking must be located on the same parcel as the building /use. c. The proposed site must not be located adjacent to potentially hazardous land uses, such as petroleum storage, foundries or other explosive storage. Commissioner Carroll asked for some clarification on item (b) in the conditions. Mr. Kuhta stated there was a possibility the use might not have enough parking on the parcel they are on, so they might want to request a joint parking agreement. Staff recommends that all parking be located on the same site as the use. Commissioner Stoy asked it if was possible for the use to get a variance, or a parking agreement if they needed it. Mr. Kuhta explained this condition is very specific and the applicant would need to find a site that will accommodate their parking. Commissioner Stoy asked if street parking can count for required parking. Staff responded that the code does not allow street parking to be used for parking requirements. Commissioner Hall stated after some thought he can't support this request. Mr. Hall said the future can't be controlled and he is worried about what could move in and surround this kind of a use. It is an industrial area and that is what the zone is intended for. Commissioner Beaulac asked about the comment which was made earlier regarding if someone moved in next to the recreation facility, if they would have to Planning Commission Minutes 07 -26 -12 Page 5 of 11 move. Mr. Kuhta said another condition could be added to require the facility to move or do something to mitigate the potential hazard. However, it would be a huge risk, for the property owner and staff would not recommend adding this condition. Ms Janssen stated the Commission could go back to the CUP, which would allow a site specific review. Commissioner Higgins commented there would still be a problem if a hazardous use moved in next door. Ms Janssen said the Hearing Examiner would review the proposal, set conditions and they would remain with the property. Commissioner Bates said this is a growing trend and there are few buildings where this kind of a use could fit. Mr. Bates stated he cannot support this use in a heavy industrial area. Commissioner Higgins said it was mentioned in the public hearing there are not a lot of clear span buildings outside of industrial areas. Commissioner Hall said there are zoning and permitting processes which allow a new building. Commissioner Carroll asked if there was a way to add another condition, asking for a 200 foot buffer around the recreation facility that would not allow any hazardous material to be located within that buffer. Mr. Kuhta stated he would be hesitant to consider that. He explained conditions should be related to the property itself and not to an adjacent property. Commissioner Higgins asked if this would not return the option back to a CUP. Staff responded yes, it would. Commissioner Stoy asked if a heavier landscaping buffer could be required by the new property owner adjacent to the site. Mr. Kuhta stated the City could not require the adjacent landowner to add landscaping. Commissioner Neill stated he was inclined to explore the possibility of requiring the entertainment facility to move if something dangerous moved in next door. Commissioner Beaulac asked if we did make the condition that they would have to move the facility if something hazardous moved in next door, they applicant would know this before investing. Staff answered yes. Commissioner Hall asked if this amendment fell into line with the Comprehensive Plan. Staff answered the City already allows outdoor entertainment facilities. Mr. Kuhta suggested, rather than add another condition which would apply to all uses, it would be simpler to return to the CUP process so the Hearing Examiner can make site specific conditions. Commissioner Carroll stated he would have to vote against this amendment due to his concern about the children. The vote on this amendment is one in favor, six against. Commissioner Neill was the only vote in favor. This motion fails. The amended motion is to approve all changes to the Permitted Use Matrix as presented by staff with the following change, Crematories will be allowed in the Corridor Mixed Use zoning districts. The vote on the amended motion is unanimous in favor. B. New Business: Study Session and Public Hearing for CTA -01 -12 — Proposed Amendment to 19.120 Permitted Use Matrix, Allow Animal Shelters in Corridor Mixed Use (CMU) Assistant Planner Karen Kendall gave a presentation to the Commission regarding the proposed amendment to allow animal shelters in the CMU zoning district. Ms. Kendall explained that animal shelters are currently only allowed in Light and Heavy Industrial. Planning Commission Minutes 07 -26 -12 Page 6 of 11 Ms. Kendall stated this is a privately initiated amendment and the applicant is Spokane County. Spokane County is requesting the animal shelters be a permitted use in the Corridor Mixed Use (CMU) zone Ms Kendall provided three options for the Commission to consider: if they chose to recommend approval of this amendment: 1. Allow animal shelters as a permitted use; or 2. Allow animal shelters as a permitted use with conditions: a. No outside runs or areas b. Must follow all standards of Title 22, Design and Development Standards c. Must be owned by a public entity; or 3. Allow animal shelters only with a Conditional Use Permit (CUP). This option would require a hearing in front of the Hearing Examiner, which would allow the residence in the area to comment and for mitigation of site specific impacts such as noise, odor, lights, etc. Ms Kendall stated it is staff's recommendation to allow animal shelters with a CUP. Commissioner Bates opened the public hearing at 7:12 p.m. Commissioners had questions of staff before taking public testimony. Commissioner Carroll asked the difference between an animal shelter and a kennel. Staff stated the difference for the City is the scale. Animal shelter provides more than temporary housing for the animals, it also supplies licensing, training, a crematorium, 100 dog runs, provide for cats, and quarantine for dangerous dogs. Kennels are for personal animals, shelters are for strays and abandoned animals. However, staff noted there is no definition for an animal shelters in the code. Commissioner Carroll asked if kennel is was a conditional use in the matrix. Staff responded it was a permitted use. Mr. Carroll asked about a business called Flintlock Kennels, which had been referenced on an exhibit listing several other kennels in the City, provided along with the staff report. Staff stated this business is a legal non - conforming use with 50 indoor runs. It was also discussed this kennel is on the edge of the City which is very rural in nature. Commissioner Hall announced Spokane County was a client of his firm, however since this request was not site - specific he felt he could participate without issue. Commissioner Bates asked if the animal crematorium was regulated by Spokane Regional Clean Air. Ms. Kendall stated that SCRAPS had received a new crematorium in 2000, which was permitted by Spokane Regional Health District and they receive a new permit every year. Ms. Kendall also shared if SCRAPS were to move, they would be required to get a new permit. Commissioner Stoy read the rules to the public hearing. John Pederson, 1116 West Broadway: Mr. Pederson stated he is the Planning Manager for Spokane County and he was the applicant for the proposal. Mr. Pederson stated the County would like to propose the animal shelters be a permitted use, with conditions. The Planning Commission Minutes 07 -26 -12 Page 7 of 11 conditions would be that the shelter must be owned by a public entity. Mr. Pederson stated this would limit the project by nature of the use. He also said all kennel activity should occur indoors and the shelter would have to comply with all of the requirements of SVMC Title 22 landscaping, signage, buffering. Mr. Pederson stated there are a wide variety of uses allowed in the CMU zone without any conditions which would have a far higher impact than an animal shelter. Mr. Pederson stated a high school would have a far greater impact than animal shelter serve the regional needs of the communities. Mr. Pederson pointed out the proposal is consistent with the Comprehensive Plan. He stated Land Use Policy 9.2 allows public and quasi public uses in Corridor Mixed Use. He stated the staff recommends approval of this amendment. Mr. Pederson said the CMU zone already allows kennels as an outright permitted use and an animal shelter is just a larger version of a kennel. Mr. Pederson asked Mr. Kuhta how many complaints the City had received regarding SCRAPS. Mr. Kuhta responded none that he was aware of. Mr. Pederson continued that this text amendment fits the zoning district and if the Commission was concerned about compatibility they could add more conditions. Commissioner Carroll asked if the county routinely provided service other than to dogs and cats. Mr. Pederson stated he would defer the answer to the representative from SCRAPS. He had visited the SCRAPS facility, however all he was aware of was dogs and cats. Todd Mielke, 1116 W. Broadway: Mr. Mielke is a Spokane County Commissioner, Mr. Mielke stated he was a proponent of this proposal. Mr. Mielke said the County did a thorough analysis of where to move the SCRAPS facility Mr. Mielke commented this amendment is consistent with Comprehensive Plan Policy 9.2 which allows for public or quasi - public uses. Mr. Mielke stated if the County was proposing another similar use, it would be outright permitted for example; veterinarian clinic, pet shop, kennel, indoor kennel. Mr. Mielke stated there would be no limitation to the amount of runs, in the examples mentioned, would be permitted without conditions. He shared there are some veterinarian clincs expanding to do boarding, which would still allow them as a permitted use. SCRAPS does not have an in -house veterinarian, they have chosen to veterinarians in the community instead. Mr. Mielke stated the County agrees with staff, agrees with Comprehensive Plan, the only discussion would be if this should be CUP or a permitted use, or permitted with conditions. Mr. Mielke stated he felt the largest concerns would be traffic and lighting issues. He said he thought there were permitted uses which cause more light and traffic concerns, for example; traffic and light - convenience stores, high schools, noise - auto and light truck sales, car washes, clubs, outdoor entertainment, taverns, indoor theaters, smell - bakery, micro - brewery, plastic injection molding, resturants, each one would have more impact than the County feels an animal shelter would have. Mr. Mielke said he would address the question regarding the types of animals which would be housed at the facility. He commented mostly cats and dogs, there have been some exotic animals but there are ordinances in place now so they are phasing out. He commented when SCRAPS is faced with an animal cruelty case some larger animals are taken to the fairgrounds. Commissioner Stoy asked if SCRAPS had a veterinarian on the premise. Mr. Mielke stated SCRAPS had relationships with several veterinarians, and if there was a problem SCRAPS would mostly take the animals to the vet clinics. However if there was a problem, like a Planning Commission Minutes 07 -26 -12 Page 8 of 11 hording situation, some of the vets will come to the location where the animal is, shelter, fairgrounds, etc. Mr. Stoy asked if a vet should determine if an animal is determined it needs to be euthanized, would the vet return the animal to the shelter. Mr. Mielke deferred the answer to Ms. Montana. Nicole Montana, 2521 N Flora Rd.: Ms. Montana stated she was the Operations Manager for SCRAPS. Ms. Montana stated SCRAPS is licensed to euthanize animals on site. Commissioner Bates asked if operating hours would be expanded. Mr. Mielke answered currently SCRAPS is open six days a week, but have on -call services 24- 7..These hours are for emergencies like a dangerous dogs. He said those would be the only people to access the building after hours. Ms. Montana clarified with the regional model there are plans to be open seven days a week, but closed holidays. Commissioner Beaulac asked how many other shelters there were in Spokane County. Commissioner Mielke replied SCRAPS was the only government owned - operated shelter. There is the Humane Society on E. Freya area, they operate as a non-profit facility, they also have a crematorium. Then there is Spokanimal, plus a number of animal rescue groups which operate in the area. Mr. Mielke commented SCRAPS works very well with the other shelters in the area, some concentrate more on adoption but don't do animal control. SCRAPS does exchange animals with other shelters and has one of the highest release rate, by returning them to the owners or having them adopted. Commissioner Neill asked Commissioner Mielke which option he was looking for specifically. Mr. Mielke responded he would rather have a permitted use, or a permitted use with conditions. Mr. Mielke stated he would rather not have to go through the Conditional Use Permitting process because it was unpredictable. Commissioner Carroll asked a question of staff regarding process. Mr. Carroll asked if Spokane County had asked for a kennel would it require this same process. Ms. Kendall responded if it was presented as a kennel then they would be required to comply with the standards in that zoning district. Commissioner Carroll stated it is just a name difference, however Planning Manager Kuhta joined the conversation to state staff would still review the proposal as an animal shelter based on staff s interpretation of the code. Chairman Bates closed the public hearing at 7:50 p.m. The Commission took a break at 7:49 and returned at 7:57 p.m. Commissioner Hall moved the Planning Commission recommend approval of code text amendment CTA -01 -12 to allow animal shelters in the CMU zoning district, subject to conditions, to the City Council. Chairman Bates clarified the staff recommendation was to allow the use with a Conditional Use Permit, Mr. Hall's motion is recommend allowing the use with special conditions. Ms. Kendall stated staff would like to request the Planning Commission make one of the conditions be the use must be located on an arterial. Ms. Kendall one of the options offered in the presentation was to allow the use with conditions, which were laid out as the conditions listed in 19.60.080(A)(4) along with two others. Adding the condition of locating on an arterial would be a fifth condition. Planning Commission Minutes 07 -26 -12 Page 9 of 11 Commissioner Neill stated he talked to Gail Mackie, director of Spokanimal and asked her how she felt about it. Mr. Neill stated Ms. Mackie stated she thought this would be a good idea, put the shelters closer together which would allow an easier exchange of animals if it was necessary. Commissioner Beaulac asked the City of Liberty Lake wanted to open a shelter, would it be allowed. Mr. Kuhta stated that is a situation that is being discussed right now. Chairman Bates clarified the motion: Animal Shelters will be a permitted use with the following conditions as referenced in 19.60.080 (and whichever section would follow) a. Shelter must be owned and operated by a public entity, and b. Shelter must comply with all standard of the SVMC Title 22; and c. There are no outside runs; and d. Compliance with noise standard for a commerical noise souce as identificed by WAC 173 -60 -040 has been demonstrated by the applicant, and e. Shelter must be located on an arterial, and f. Outside recreational areas will be allowed only with human supervision. The vote on the motion is seven in favor, zero against, Motion Passes. X. GOOD OF THE ORDER Commissioner Carroll stated he would like to request to develop and indoor /outdoor entertainment recreation facility overlay for the Comprehensive Plan. Planning Manager Kuhta stated it would be a fairly narrow zone, and it would be difficult to create. Commissioner Carroll would like to see something that would avoid the confusing from this evening. Mr. Kuhta explained that is what the Permitted Use Matrix is for, showing where specific uses are allowed. Mr. Kuhta reminded the Commission the City would want to be careful with its industrial zones, and try and protect them. Employment in Industrial zones is an important issue for the City. Mr. Kuhta stated he would need to think more about this issue and have more discussion with staff. Mr. Kuhta stated staff has a very long list of amendments which have priority this could possibility be lower down on the list if it were added. Staff has several amendments coming forward in the near future. Commissioner Carroll stated he was fine as long as it is on the list. XL ADJOURNMENT The being no other business the meeting was adjourned at 8:22 p.m. Bill Bates, Chairperson Planning Commission Minutes 07 -26 -12 Page 10 of 11 Deanna Griffith, PC Secretary Date signed Planning Commission Minutes 07 -26 -12 Page 11 of 11 Spokane Valley Planning Commission DRAFT Minutes Council Chambers — City Hall, 11707 E. Sprague Ave. August 9, 2012 I. CALL TO ORDER Chair Bates called the meeting to order at 6:00 p.m, II. PLEDGE OF ALLEGIANCE Commissioners, staff and audience stood for the pledge of allegiance III. ROLL CALL BILL BATES -CHAIR JOHN G. CARROLL, ABSENT RUSTIN HALL ROD HIGGINS STEVEN NEILL FRED BEAULAC JOE STOY — VICE CHAIR Commissioner Carroll ,-,N IV. APPROVAL OF A Commissioner. Higgins This motion was passec V. APPROVAL OF MINUTI Commissioner Hall stated h Commissioner made a presented. This motion for June 2012 were passed unanimously. VI. PUBLIC COMMENT There was no public comment, VII. COMMISSION REPORTS JOHN HOHMAN, CD DIRECTOR..._ SCOT :KUHTA, PLANNING MANAGER, CHRISTINA"JANSSENASSISTANT PLANNER KAREN KENDALL, ASSISTANT PLANNER' [d not vote on the June 14, 2012 minutes due to being absent. in to approve the June 14, 2012 and June 28, 2012 minutes as 4, 2012 was six in favor and 1 absentee. Minutes for June 28, Commissioners had nothing to report, VIII. ADMINISTRATIVE REPORTS Planning Manager Kuhta discussed items on the advanced agenda, which include a study session for the Shoreline Environment Designations on August 23`a, He stated there will be an open house somewhere in- between August 23`a and 28'x' followed by a public hearing in September. Mr. Kuhta spoke about upcoming issues, which include multifamily regulations Planning Commission Minutes Page 1 of 2 IX. V4 and Comprehensive Plan Amendment Process. In October, 2012 the Commission will review Residential Development Standards in Mixed Use Zones, Accessory Dwelling Units and RV's in Commercial Mixed Use Areas, Planning Manager Kuhta also wanted to add at a previous meeting he made an mistake in telling the Planning Commission that there was no need to read the Appearance of Fairness Doctrine announcement from the Planning Commission Rules of Procedure at the beginning of a public hearing when they are considering text amendments to zoning regulations. Mr. Kuhta stated that Planning Commissioners certainly could benefit personally from a zoning code text amendment and they should keep that in mind when considering future amendments. Therefore this piece should be considered being read at the beginning of those public hearings as well. Deanna Griffith, PC Secretary Date signed Planning Conunission Minutes Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 21, 2012 Department Director Approval: Item: Check all that apply: ❑ Consent ❑ Old business ❑ New business ❑ Public Hearing ❑ Information ® Admin. Report ❑ Pending Legislation AGENDA ITEM TITLE: Proposed Multifamily Development Standards GOVERNING LEGISLATION: Spokane Valley Municipal Code (SVMC) 17.80.140, SVMC 19.60.070, SVMC 19.60.080, SVMC 19.40.070 and SVMC 19.40.080. PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: City Council requested that staff research potential code revisions to assist the Planning Commission and City Council with new multifamily developments adjacent to residential use or zoning. OPTIONS: Staff seeks Council direction. RECOMMENDED ACTION OR MOTION: N/A BUDGET /FINANCIAL IMPACTS: N/A STAFF CONTACT: Mike Basinger, AICP, Senior Planner Scott Kuhta, AICP, Planning Manager Department of Community Development alle - Planning Division ts _; son Multifamily Development Standards August 21, 2012 pkanc Department of Community Development alle Planning Division Ain 19.40.020 Residential Standards Front & Flanking Rear Yard Open Space 15' 10' 5' 20' 40' 15' 10' 5' 20' 50' 10% gross area pkanc Department of Community Development alle Planning Division Ain 22.70 -2 Buffers required by Type MF -1 & MF -2 Type 1 n/a CMU & MUC Type 1 Type 1 Department of Community Development alle Planning Division 22.70.030 Screening &Buffering • Type 1 —Full Screening &Buffering — Min 6 'high site - obscuring fence — Min 5 'buffer strip with a mix of conifers and deciduous trees Department of Community Development alle Planning Division Potential SVMC Changes • A relational height limit to SF residential use or zone — 1:1 height to setback ratio to abutting SF use or zone • 10' Minimum setback from SF residential use or zone Relational Height Limit I� PROPERTY LINE � I ' PLAN AREA, BOUNDARY Height Limit w 50' I f i 45' Setback = Height— 15' I� {s I� I 1I Single — family 14 20' 30' use or zone 1 min. setback setback setback Apply adjacent SF zone setback Street 5' SF SF 5' �..� 20'� SF MF 20'� 20'� SF a� a� L Cn pkanc Department of Community Development alle Planning Division Ain Questions CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 21, 2012 Department Director Approval: ❑ Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Animal Control Proposals GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: N/A BACKGROUND: The City of Spokane Valley has contracted with Spokane County for animal control services since the City's inception. According to the County, the current facility is not an option for the future. The County ballot measure to purchase and renovate a new facility was not approved by the voters. The County is proposing a non - ballot option of purchasing an existing building utilizing existing revenue sources and forming a regional system including Spokane Valley and the City of Spokane to help mitigate associated costs. Two potential service providers exist in the region. Council authorized the City Manager to issue a Request for Proposals (RFP) for animal control services. Two proposals were received: Spokane County SCRAPS and SpokAnimal. Staff is evaluating the proposals. Complete copies of the proposals have been provided to Council and this is an opportunity to discuss the RFP information received. OPTIONS: N/A RECOMMENDED ACTION OR MOTION: N/A — Council discussion and input. BUDGET /FINANCIAL IMPACTS: This would not impact the 2012 Budget. Depending on the options selected and terms negotiated, the cost could increase or decrease. Proposed budget impact range: 216k - $250k and $296k. STAFF CONTACT: Morgan Koudelka, Senior Administrative Analyst ATTACHMENTS: DRAFT Proposal Comparison DRAFT Spokane Valley Animal Control Comparison of Proposals *Numbers Correlate with Proposal Questions * Comparison of Proposals Page 1 of 12 Category SCRAPS S okanimal Attachment A 1 Location City of Spokane Valley City of Spokane 7 1 Insurance Requirements Met Yes Yes 9 Number of Years Providing 89 28 Animal Control Services Attachment B Fund Balance 12% of general fund operating expenses 50% of general fund operating expenses 2009 Expense in Excess of Revenue $10.3 Million, 7.0% of General Fund 0 Expenditures 2010 Expense in Excess of Revenue $14.2 Million, 9.6% of General Fund 0 Expenditures 2011 Expense in Excess of Revenue $7.7 Million, 5.4% of General Fund $40,481 Expenditures Long -Term Liabilities $388 Million 0 Attachment C 2a Animal Control Officers Training . Spokane Co. Sheriffs Office • Spokane Police Department 40 -hour Reserve Academy Training • Washington State Animal Control • Behavior Assessments Officer Academy • Customer Service • National Animal Control Officer's . Euthanasia Academy • Emergency First Aid • 6 weeks SCRAPS field officer training program • Sheriff Training Classes • Annual Educational Conferences 2b Officer Starting Pay $32,953/Yr (if based on 2080 /hrs per $10 hr. - $16.75 hr. DOQ year, approximately $15.84/hr) Comparison of Proposals Page 1 of 12 DRAFT Spokane Valley Animal Control Comparison of Proposals *Numbers Correlate with Proposal Questions 2c Officer Certification • Sheriff Deputy 1 Commission • Spokane Police Department • Tranquilizer gun, bite stick, Commission euthanasia, pepper spray • Euthanasia and legend drug 2d Can Officers Investigate Animal Yes Yes Neglect, and Nuisance Cases and Issue Citations 2d Number of Investigations 2010 725 1,370 2d Number of Citations Issued 396 3 2d Number of Citations Issued 296 1 2e Can Officer's Write and Execute (w/ Yes Yes judge's approval) a Search Warrant 2f- Officer Minimum Requirements • High school diploma • High school diploma 2g • Criminal background check • Pass background check • 2 years experience handling animals • Pass drug screening test • Pass writing test • Have clean driving record • Pass oral board • Have good grammar and public • Pass medical exam relation skills • Pass written exam • Pass Sheriffs integrity review 2h Dress code Professional uniform, neat appearance Professional uniform, neat appearance 2h Code of Conduct Yes Yes 3 Qualified, experienced supervisory staff Yes Yes Attachment D 1 Public Hours • Current: M -Sa, Noon - 5:30 • Dispatch: 7 -6:30 M -F, 7 -5 Sa -Su • Phone hours: M -Sa, 10 — 5:30 • Shelter: 10 -6:30 M -F, 12 -4 Sa -Su • Regional: 7 days a week including • Vet Clinic: 7:30 -6:30 M -F, 12 -3:30 evening hours First Sa. Comparison of Proposals Page 2 of 12 DRAFT Spokane Valley Animal Control Comparison of Proposals *Numbers Correlate with Proposal Questions 1 After -hour Calls • 24/7 - Automated menu with • 24/7 - Answering service - Calls reference to Emergency Number transferred at lam • Emergency calls answered by on- • Emergency calls routed to on -call call officer or answering service officer • All after -hour emergency calls are • Contact all complainants as needed referred to an on -call officer 1 High Call Volume Queue in phone system that allows calls Cross - trained employees assist to be answered by the next available answering calls staff person 2 Number of Kennels • 84 dog (20 large and 64 medium w/ • 52 dog kennels + additional kennels Outdoor runs for small dogs • 35 cat cages, Isolation room with 27 • 36 kennels + 2 free roaming cat cages areas for 20 cats 2 Building Existing Shelter- located in Spokane Shelter - 8,003 sq /ft Valley - 11,500 sq /ft — has wide hallway Vet Clinic - 6,291 sq /ft includes: for easy access by public. training center and administrative Includes: Medical exam /vaccination offices room, Dangerous dog quarantine room, Storage buildings — (2) 320 & 384 sq /ft Temperament testing room, and Sally housing pet food /cat litter and Pet port garage. Pantry Food Bank Extra lot — 7,100 sq /ft; currently includes: 1,212 sq /ft house and 576 sq /ft garage which are used for storage Indoor /outdoor get acquainted areas. Free roaming areas Euthanasia room w/ crematorium, Contract for cremation service Comparison of Proposals Page 3 of 12 Building, cont. DRAFT Spokane Valley Animal Control Comparison of Proposals rvumucra wFFCWLc wun rrUNwai %AucauUna Gas furnace and electric air conditioning I Heat pump with exhaust fan that with ceiling fans in kennel area - Climate control meets federal guidelines performs air exchanges 12 times per hour Kennels cleaned daily with disinfectants I Each kennel is serviced by a floor drain and bleach according to ASPCA standards; trench drains run in the back of the kennels. Floor machine used daily with periodic steam cleaning. Orthopedic, elevated beds. SCRAPS staff and County facilities maintenance perform maintenance on the facility w/ a regular maintenance schedule for heating and cooling systems and preventative maintenance No ability to expand, poor access. Proposed Facility 2001 constructed building - 50 year building - 32,590 Square Feet w/ 96 parking spaces. Includes medical room, isolation room, quarantine area, training room. 120 stainless steel dog kennels in 6 -20 dog pods with individual pods separatf and fold -down platforms On a maintenance plan for facilities equipment and have developed a renovation project to make front desk, intake and retail more convenient to public and dog kennels more handicap /wheelchair accessible. Electronic reader board No New Facility is Proposed Recently renovated state of the art veterinary clinic, training center and administrative offices. Space for future development on purchased lot. Comparison of Proposals Page 4 of 12 DRAFT Spokane Valley Animal Control Comparison of Proposals *Numbers Correlate with Proposal Questions Comparison of Proposals Page 5 of 12 Building, cont. from each other to alleviate disease and noise 2 cat rooms with 30 stainless steel cages in each room; Isolation room with 30 cages Several heating and cooling zones with gas furnace and electric air conditioning with air handlers 3 Historical Live Release Rates 2007 -62 %, 2008 -63 %, 2009 -64 %, 2010- 2007 - 42 %, 2008 - 45 %, 2009 - 50 %, 63%,2011-78% 2010 - 61 %, 2011 - 59 %, 2012 YTD 74% No adoptable dog euthanized in several years. 3 Most Difficult Challenges in Adopting Location of facility; lack of drive -by Cats Animals traffic 3 Plan to Reduce Impounds and Increase • Spay /neuter voucher program, pet • Transport and transfer program with Live Release Rate licensing, micro chipping, ID tags partners throughout the Northwest • Partnership with Humane Society • Farm Livin' program for cats • Low cost spay /neuter clinic • Assistance to pet owners: food - spay /neuter financial help, reduced cost micro chipping • License database allows officers to return pets to their owners 4 Programs used to supplement housing . Petco and Petsmart • Partnership with PetSmart and Petco and increase adoption • Outreach events • Outreach events at retail stores Comparison of Proposals Page 5 of 12 DRAFT Spokane Valley Animal Control Comparison of Proposals *Numbers Correlate with Proposal Questions Comparison of Proposals Page 6 of 12 Programs used to supplement housing . Spokane Public Market • Transfer program with rescue and increase adoption, cont. • Advertise on Petfinder, SCRAPS agencies and shelters with website, Facebook page, and guaranteed placement newspapers. • Special adoption events • Foster program • Volunteers trainspecial needs pets. 4 Adoption Fees • Cats under 6 mo.- $62.70 • $60 for cats • Cats over 6 mo. -$40 • Dogs -$87 • $85 for dogs and with increased rates for pure breeds and small breeds and reduced rates for special needs animals. 4 Included with Adoption Fees Spay /neuter, vaccinations, microchip, Spay /neuter, vaccinations, microchip, pet license, collar, ID tag, and vet exam pet license, collar, ID tag 5 Temperament Testing • ASPCA SAFER tool on all dogs • ASCPA SAFER Assessment on prior to adoption /transfer dogs after 24 hours followed by in- depth evaluation • All SCRAPS SAFER Canine • Staff and volunteers attend Specialists are certified by the ASCPCA training as well as ASPCA and recertified during additional training for understanding employment canine body language • Certified evaluators are assisted by • Cats are assessed as time allows or volunteers. Cats are assessed to the situation warrants determine suitability prior to adoption. 6 Animals Accepted All animals from contracting All stray animals from jurisdictions jurisdictions, strays and owner released. served are accepted as specified by contracts. Other animals are evaluated for intake on case by case basis. Comparison of Proposals Page 6 of 12 DRAFT Spokane Valley Animal Control Comparison of Proposals *Numbers Correlate with Proposal Questions 6 Full Capacity Have reached full capacity a few times Full capacity has been reached a few in the last two years due to hoarding, times in the last two years due to puppy mill, and large scale animal hoarding cases. cruelty cases. 6 Contingency plan • Partnership with Humane Society • Contacts throughout the northwest and Fair and Expo Center assist with any capacity problems • Utilize transfer partners • The adoption process is expedited • Advertise adoption sale due to the on -site clinic • Staff maintains list of people wanting specific types of pets • Marketing tools are used as well; adopt 2 for price of 1, etc 7 Accommodation for Spokane Valley Currently provides service to Spokane The addition of 5 dogs and 3 cats per Valley day can be accommodated and still be under the maximum number of 10,000 animals handled in previous years 8 Farm Animals Yes, investigates animal cruelty, uses Local farms offer services and a fairgrounds and has horse trailer. network of people assist with transport and SpokAnimal has a 100% live release rate for farm animals. 9 Programs to Control Population • Spay/Neuter Voucher Program • Spay/Neuter Voucher Program • Transport animals to clinics for low- • Low cost clinic income families. • Sterilize free - roaming cats 10 License Compliance Rate 40% for dogs, 15% for cats 32% combined 10 Resources to Increase Compliance • Insert in property tax bills w/ license • Inserts in utility bills offering application amnesty on late fees assessed for • Require licenses with use of voucher untimely licensing program • Licenses for sale at outreach events Comparison of Proposals Page 7 of 12 DRAFT Spokane Valley Animal Control Comparison of Proposals *Numbers Correlate with Proposal Questions Comparison of Proposals Page 8 of 12 Resources to Increase Compliance, cont. . Website with online licensing system and licensing promotion through: • Press releases • Public service announcements • Outreach events • Reminder postcards • Offer microchip clinics to increase return of pets to owners • Dedicated canvassing staff 10 Pet License Database SQL Server R2 Database maintained by Animal Licensing Management System County IT. Backups performed nightly available 24/7. and stored offsite, accessible 24/7, through officer laptops. 11 Additional Services Provided • Enrichment, Animal Behavior • Pet Pantry Food Bank • Complimentary pet ID tags • Training program with Airway • Animal medical fund Heights Correction Center • Dog training classes • Saving Grace Fund for special needs • Dog park animals • Community service opportunities • Traps for feral cats Humane education • Pets for Seniors Program • Foster program • Constant Contact for donors and • Fundraising program interested individuals • Grant writing • Career Path temporary employees • Volunteer blog utilizing people with disabilities • Newsletter, direct mail program, • Cruisin' Critter Transport Program email list serve Android Phone App • Chocolate Festival • Weekly adoption segment on three local TV stations • Adoptions at Interstate Fair • Education department- Comparison of Proposals Page 8 of 12 DRAFT Spokane Valley Animal Control Comparison of Proposals *Numbers Correlate with Proposal Questions Comparison of Proposals Page 9 of 12 Additional Services Provided, cont. children /adults • U.S. Postal Service training • New web site 12 Injured Animal Policies • Dogs /Cats with identification taken • Two veterinarians and two licensed to vet for life saving treatment and technicians on staff during clinic stabilization. hours • Dogs without identification with a • Utilize Pet Emergency Clinic for severe injury or sickness will be injured animals after hours taken to a vet for evaluation • Injured animals are evaluated and • Dogs /cats with minor injuries not in receive veterinary care and severe pain will be held at shelter stabilization and monitored • Every attempt to locate the owner is • Euthanized only if vet recommends made and treatment is immediate if or officer determines it is the only the illness or injury warrants humane option emergent treatment • Severely injured cats without • Humane euthanasia performed if identification will be euthanized warranted unless the officer feels the cat is owned and will be reclaimed • Members of the management team are authorized to approve above and beyond treatment 13 Licensing Opportunities • At shelter, mail, community outlets, • At shelter, mail, at several vet outreach events, online, and by clinics, the Humane Society, Pet officers in the field. Savers, outreach events, application is available online, and by phone • Renewal notices are mailed the month prior to expiration, and amnesty forms are sent out in utility Comparison of Proposals Page 9 of 12 DRAFT Spokane Valley Animal Control Comparison of Proposals *Numbers Correlate with Proposal Questions Comparison of Proposals Page 10 of 12 Licensing Opportunities, cont. bills once a year. 13 Licenses issued and revenue 2011 - 32,266 issued, $598,946 2011 - 26,197 issued, $540,562 14 Assistance to low- income residents • Senior discount • Low fee vaccinations, microchips, • Food bank and sterilizations, • Dog houses • Voucher program • Free licenses to service dogs • Discounted licenses • Free dog training classes to public • Free training • Free literature on animal behavior • Summer camp • Behavior information advice • Assist Meals on Wheels w/ pet food • Visit to hospitals and nursing homes 15 Partnerships • Wal -Mart • Wal -Mart for postings, • Vet clinics for reduced rate • Adoption and fundraising events at sterilization and treatment Aslin Finch, AIG, Downtown • Pet emergency clinic for discounted Subaru, Appleway Subaru, Lincoln after -hours emergency care Heights Vet Clinic, Perry Street Fair, • Businesses for license outlets and Monterey Cafe, Spokane public fundraisers market, Prairie Dog Mercantile, • Power Marketing for discounted Macy's, Spikes, Daley's Cheap license marketing Shots, Northwest Seed and Pet, • Meals on Wheels, Second Harvest, KKZX Helter Shelter and Safeway donate food • Diamonds in the Ruff training • Sacred Heart for recycled materials • REI for training and surgical drapes • Exchange Want Ads for advertising • WDOC, NOVA, and Geiger for low- space cost labor • Schools for community service 16 Hold Days • Impounds are date /time stamped • Intake day /date /time is automatically through the computer system recorded upon booking Comparison of Proposals Page 10 of 12 DRAFT Spokane Valley Animal Control Comparison of Proposals *Numbers Correlate with Proposal Questions Comparison of Proposals Page 11 of 12 Hold Days, cont. • Owners are notified via phone and • Staff member selects the appropriate by postcard holding period and documents the • Identified animals are held five expiration of the holding period on business days the kennel card • Photographs are printed on the card • Animals are scanned for microchip • Notes about possible owners, animal information noted on pet record • Software program is used by many shelters in Washington and allows for easy transfers 17 Handling Complaints • Handled by staff assistant or • Complaints can be filed in person operations manager and by telephone and a printable • Unresolved complaints handled by form is available on the website the director, then forwarded to the • A request for service is generated for BOCC or CEO for resolution each call and is dispatched to the officer working that area • Request for service is turned into dispatch and recorded in system 18 Dead Animal Pickup Dogs and cats, no wildlife, no nuisance Dogs and Cats. Deer are handled as a wildlife separate contract. Refer wildlife issues to several businesses. 19 Contract and Service Level Compliance • Management team review, on a • Each request for service is monthly basis, dispatch system and documented and followed on both animal system reports for quality the individual request and the field control. officer log • High profile cases are monitored and • A quarterly report is provided to the followed by a debriefing session. City listing the number and type of • Director is available to meet with calls, number and type of animals Comparison of Proposals Page 11 of 12 DRAFT Spokane Valley Animal Control Comparison of Proposals *Numbers Correlate with Proposal Questions Comparison of Proposals Page 12 of 12 Contract and Service Level Compliance, Council or staff and will refer any handled, number of bite cases, cont. unresolved issues to BOCC or CEO. barking, zoning, etc. • Records are transparent /documented • Encourage discussion if problems arise 19 Performance Bond or Damages County general fund provides sufficient Do not feel they are necessary due to resources to fulfill all requirements, no length time providing service bond is necessary Attachment E Cost 2013 - $295,691 2013 - $250,000 without Spokane and $216,000 with Spokane Shared Revenue None None Start-up /Transition Costs Zero None unless licensing information has to be manually entered, cost is $13.50 /hr Optional Services Negotiable Dead deer pickup is $125 per animal Contract Length 20 years 10 years 1 Cost Control Measures and Adjustments Fixed Costs adjusted annually by CPI Fixed costs with CPI adjustment 2 Capital Costs Included Included 3 Effect of revenue, donations, grants on No effect Does not impact price but does improve price service Attachment F References Animal Medical Center, ASPCA, 1 Vet Clinic and 2 law firms. Humane Society, County Prosecutor's Office. Comparison of Proposals Page 12 of 12 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 21, 2012 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Updated and revised Planning Commission Rules of Procedure GOVERNING LEGISLATION: Spokane Valley Municipal Code 18.10 PREVIOUS COUNCIL ACTION TAKEN: Previous update approved by Council by Resolution 11 -010, November 29, 2011. BACKGROUND: Planning Commission Review June 14 and 28, July 12 and 26, 2012. On May 7, 2012, Stan McNutt facilitated a special Planning Commission meeting which focused on Planning Commission procedures, appearance of fairness, conflict of interest, public records and open public meetings. During this meeting, potential changes in the Planning Commission Rules of Procedure (ROP) were discussed. On June 14, 2012, then Deputy City Attorney Kelly Konkright presented proposed changes to the ROP. The Commission worked with staff to propose a number of suggested revisions in meetings on June 28, July 12, and July 26. These changes included substantive changes, as well as a number of housekeeping, cleanup changes. On July 26, the Planning Commission had another review at the proposed amendments to the ROP and recommended that the draft version be presented to the City Council for adoption. The substantive amendments which have been proposed are improvements to the attendance policy to bring it into line with the SVMC, the addition of a Statement of Ethics, and additions to the section on Conflict of Interest, including how to handle such matters when they arise. OPTIONS: (1) Do nothing; (2) Proceed with a resolution to adopt the proposed changes to the Planning Commission Rules of Procedure; (3) Request additional changes to the draft Planning Commission Rules of Procedure. RECOMMENDED ACTION OR MOTION: Consensus to place on future agenda for motion consideration on adoption through resolution. BUDGET /FINANCIAL IMPACTS: NA STAFF CONTACT: Cary Driskell, City Attorney ATTACHMENTS: Proposed amendments to the Planning Commission Rules of Procedure. DRAFT City of Spokane Valley Planning Commission Rules of Procedure Adopted by Planning Commission 02 -19 -05 Updated by Resolution 10 -004, 02 -09 -2010 Updated by Resolution 11 -010, 11 -29 -2011 Updated by Resolution 12- , 2012 We, the members of the Planning Commission of the City of Spokane Valley, State of Washington, pursuant to the City of Spokane Valley Municipal Code (SVMC) 18.10, do hereby adopt and publis submit to City Gew+ie4Council for approval the following Rules of Procedure: ORGANIZATION AND RULES OF PROCEDURE 1. Name The "City of Spokane Valley Planning Commission," hereinafter referred to as the "Commission" is an advisory body created by the City Council for purposes consistent with SVMC 18.10. 2. Location The Commission offices shall be the City Hall of the City of Spokane Valley. 3. Officers Unless otherwise required by a vacancy in office, the Commission shall organize every year in accordance with SVMC 18.10. A. Officers of the Commission shall be elected from its membership; the officers shall be Chair, Vice Chair, and other appropriate officers that the Commission may choose to approve and appoint by majority vote. B. Plaffiiitig Commission members must have served at least one full calendar year to be eligible to be elected as an Officer. C4.The Chair shall preside over the Commission and exercise all powers incidental to the office, retaining however, the full right as a member of the Commission to propose motions, second motions and have a vote recorded on all matters of the Commission. DG. The Vice -Chair shall, in the absence of the Chair from any meeting, perform all the duties incumbent upon the Chair, and retain the full right as a member of the Commission in the same manner as the Chair. 4. Secretary of the Commission A. The Director of the Community Development Department or his/her designee shall serve as the Secretary to the Commission. B. The Secretary shall provide for a recording of all Commission meetings, including public hearings and shall ensure that summary minutes of all public hearings and meetings are prepared, approved, and filed in the public record. C. The Secretary will conduct and record a roll call of the Commission members at each meeting, public hearing and study session. Planning Commission Rules of Procedure, Attachment to Resolution 12- Updated and Approved by Council 12012 Page 1 of 8 DRAFT 5. Election of Officers A. Officers shall be elected at the first regular meeting in January of each year, by majority vote of the membership of the Commission. Terms of office shall run from the first January meeting until December 31 or until a successor has been elected. No Commission member shall serve more than two full consecutive terms as Chair of the Commission. No Commission member shall serve as Vice -Chair for more than two full consecutive terms. hi the event that the Commission has no sitting Chair at the first regular meeting in January, the Vice -Chair will preside over the Commission until officers are elected. If at the first regular meeting in January, both the Chair and Vice -Chair are no longer Commission members, the Planning Commission Secretary will preside over the meeting until Officers are elected. B. A vacancy in any office will be filled by a special election, to be held at a convenient time with a majority present. In the event that the office of Chair is vacated, the vice -chair shall serve in that capacity until the required special election is held. Any member of the Commission who has served for at least one full calendar year, is eligible to fill the vacancy. However, no member can hold two office positions concurrently. 6. Quorum A—.A quorum shall consist of four or more members of the Commission and no action can be taken in the absence of a quorum except to adjourn the meeting to a subsequent date. A quorum must be present for p4lie heai4iigs affd sieddy sessieiisall meetings. 7. Voting A. The affirmative vote of a majority of those present shall be necessary for the adoption of any motion or other general matter. B. For the conduct of business dealing with matters which require adoption or changes to the City's Comprehensive Plan and the election of officers, at least four affirmative votes must be cast. Each member of the Commission is entitled to one vote, b}rt irNo proxy shall be allowed. C. No member may participate or vote on a matter unless the member has been in attendance at all public hearings regarding such matter or has listened to the recording of the public hearing and reviewed the written record of the matter in question. 8. Meetings A. There shall be at least one regular meeting each month with additional meetings scheduled as necessary. Regular meetings shall be scheduled on the 2nd and 4"' Thursdays of the month, commencing at 6:00 p.m. and ending not later than 9:00 p.m. Meeting ending time can be extended by a majority vote of the Commission. Meetings may be used for general planning matters, study sessions or public hearings as described below. 1. Meetings on General Planning Matters. General planning matters to be reviewed by the Commission will typically be preceded by a study session of the Commission to discuss the issues with Community Development Department staff. Generally, no testimony from the public shall be taken at a study session. 2. Public Hearing Meeting. A public hearing is a meeting wherein general business and public hearing items, such as the Comprehensive Plan and development regulations are discussed and decided. 3. Scheduled meetings may be canceled or convened at other times if deemed necessary by the Chair or, in the absence of the Chair, by the Vice - Chair. Notice of cancellation shall be given Planning Commission Rules of Procedure, Attachment to Resolution 12- Updated and Approved by Council 12012 Page 2 of 8 DRAFT personally to Commission Mmembers and to the public by posting a notice at Commission offices. 4. The recommended order of business for meetings is: a. Call to order by Chair. b. Pledge of Allegiance c. Roll call by Secretary. d. Approval of Agenda. e. Approval or amendment of minutes. f. Public C—comment. g. Commission 1knembers Rreports. h. Administrative Rreport. i. Commission Rbusiness. Unfinished Rbusiness ii. New Rbusiness j. For the Ogood of the Border. k. Adjournment. B. Plaffiiitig Commission meetings shall be held in accordance with the requirements of the Open Public Meetings Act, RCW Chapter 42.30. C. Special meetings and study sessions may be called: 1. By the request of the Chair, or, in the Chair's absence, by the Vice - Chair. 2. By the written request to the Chair, or, in the Chair's absence, to the Vice - Chair, of three of mef-e—members of the Commission. 3. By agreed motion of the Commission. 9. Conduct of Hearings A. Actions for a Commission Public Hearing. Prior to the start of the public hearing, the Chair may require that all persons wishing to be heard shall sign in with the Secretary, giving their names and addresses, the agenda item, and whether they wish to speak as proponent, opponent, or otherwise. Any person who fails to sign in shall wait to speak until all those who have signed in have had an opportunity to do so. -Hot be pefmit4ed to speak tmtil a4 t4ese who signed in ha, e done se. At any public hearing, persons who have signed in and wish to be heard shall be given an opportunity to be heard.. The Chair, subject to concurrence by the majority of the Commission, may establish time limits and otherwise control presentations. The Chair may change the order of speakers so that testimony is heard in the most logical groupings, (i.e., proponents, opponents, adjacent owners, vested interests, etc.) B. The Chair shall introduces each*e agenda item, opens each*e public hearing, and announces the following Rules of Order: Planning Commission Rules of Procedure, Attachment to Resolution 12- Updated and Approved by Council 12012 Page 3 of 8 DRAFT 1. All comments by proponents, opponents, or the public shall be made from the speaker's rostrum, and any individual making comments shall first give his/her name and address. This is required because an official recorded transcript of the public hearing is being made. 2. It is not necessary to be a proponent or opponent in order to speak. If you consider yourself neither a proponent nor opponent, please speak during the proponent portion and identify yourself as neither a proponent nor an opponent. 3. No comments shall be made from any other location, and anyone making "out of order" comments shall be subject to removal from the meeting. 4. Demonstrations, applause or other audience participation during or at the conclusion of anyone's presentation are prohibited. It is distracting to the Commission and persons testifying. 5. Please limit your testimony to three minutes -56. These rules are intended to promote an orderly system of holding a public hearing, and to give persons an opportunity to be heard and to eastffe t4at iadi- :a,,.,'s afe ae+ °m1..,,-,assea by C. When the Commission conducts a hearing to which the Appearance of Fairness Doctrine applies, the Chair (or in the absence of the Chair or in case of a potential violation by that individual, the Vice Chair) will ask if any Commission member knows of any reason which would require such member to excuse themselves pursuant to the Appearance of Fairness Doctrine. The form of the announcement shall be is-as follows: All Commission members should now give consideration as to whether they have: 1. A demonstrated bias or prejudice for or against any party to the proceedings; 2. A direct or indirect financial interest in the outcome of the proceeding; 3. A prejudgment of the issue prior to hearing the facts on the record, or 4. Had ex parte contact with any individual, excluding .,am iaistf4i ,° staff, with regard to an issue prior to the hearing. Please refer to Section 15(B) for more specific information on how to proceed where there has been an ex parte communication. If any Commission member should answer in the affirmative, then the Commission members should state the reason for his/her answer so that the Chair may inquire of staff as to whether a violation of the Appearance of Fairness Doctrine exists. CONDUCTING THE PUBLIC HEARING a. The Chair will announces the matter and opens the public hearing stating the date and time. b. The Chair will allows staff to describe the matter under consideration and place matters in the public record. c. The Chair will inquires as to whether Commission membersef-s have any questions of staff. If any Commission member has questions, the appropriate individual will be recalled. d. The Chair will allows proponents, opponents and the public to offer testimony and evidence on the pending matter. The Chair may allow Commission members to ask questions of any person at the conclusion of their testimony. Planning Commission Rules of Procedure, Attachment to Resolution 12- Updated and Approved by Council 12012 Page 4 of 8 DRAFT e. At the conclusion of the public testimony, the Chair will asks staff if there is– any additional information, testimony or evidence to submit for the record. f. The Chair will then either closes or continues the public hearing. Additional testimony may not be requested or considered after the closing of the public hearing, unless the Chair declares the record open until a date certain for the purpose of receiving written testimony or materials. g. The Chair will inquires if there is a motion by any Commission member. If a motion is made, it shall be in the form of an affirmative motion. Affirmative motions are preferred to prevent "approval by default" of a failed negative motion. Following the motion and its second, discussion will occurs among Commission members. h. The Chair will inquires if there is any further discussion by the Commission members. i. The Chair will inquires if there are any final comments or recommendations from staff. j. The Chair will inquires of the Commission members if they are ready for the question. k. The Chair will calls for the vote on the motion. 1. The Chair may direct staff to prepare findings for approval. D. Pre - filing of testimony or evidence is encouraged and may be delivered to the Pepaf�ffieii� &f Community Development Department in advance of a hearing. 10. Agenda, Staff Reports and Minutes for Regular Meetings. A. Typically, a copy of the agenda for every regular meeting of the Platitiitig Commission shall be sent to each member up to seven {7+days prior to the date of the meeting. B. If available, staff reports will be sent to Planning Commission members with the agenda. Agendas and staff reports will be made available to applicants and the public at the same time. 11. Minutes and Communications with the City Council. A—Minutes of all meetings shall be kept and the complete files of proceedings and actions taken in connection therewith shall be considered the public record and filed with the City Clerk. The Secretary shall provide the Commission members with a set of minutes of the previous meeting. These minutes shall be considered for approval by the Commission at a regularly scheduled public meeting and, upon approval, shall become part of the official record of action of the Commission. Approved Mminutes shall also be transmitted as eeffespeiideffee–to the City Clerk for the City Council f r genefa4 in f fm4ie . 12. Recording of Meetings Whenever possible. Pproceedings of all public hearings, meetings, study sessions and any special meetings shall be recorded and retained. 13. Statement of Ethics / Code of Conduct A. Statement of Ethics. It is hereby recognized and established that high moral and ethical standards of QW Planning Commission membersefs are vital and essential to provide unbiased, open and honest conduct Planning Commission Rules of Procedure, Attachment to Resolution 12- Updated and Approved by Council 12012 Page 5 of 8 DRAFT within all phases and levels of government that rules of ethics are helpful in guiding Commission members to eliminate or prevent actual or perceived conflicts of interest in public office, and to improve and elevate standards of public service so as to promote and strengthen the confidence, faith and trust of the people of the City of Spokane Valley in their local government. B. Interests in Contracts Prohibited, Exceptions. No Commission member shall be beneficially interested, directly or indirectly, in any contract which may be made by, through, or under the supervision or direction of any Spokane Valley City employee, in whole or in substantial part, or which may be made for the benefit of his or her office, or accept, directly or indirectly, any compensation, rg atuity or reward in connection with such contract from any person beneficially interested therein. The foregoing shall not apply to the exceptions specified in RCW 42.23.030 which are incorporated herein as if fully set forth. C. Conflicts of Interest 1. A Conflict of Interest includes: a. Engaging in a transaction or activity which impairs, or would to a reasonable person appear to impair, the Commission member's independence of judgment or action in the performance of their official duties: b. A Commission member having a financial or other private or personal interest in any matter upon which the member is required to act in the discharge of his or her official duties, c. A "Professional Conflict of Interest" includes any real or perceived conflict of interest caused by circumstances such as a Commission member's employment, past or present. Where the Commission member's employer or professional activity is only tangentially related to a matter before the Commission, recusal need not occur if the Commission member can reasonably conclude that the connection is, or was remote and inconsequential. If a Commission member is required to refrain from deliberation or participation by his /her employer because of a real or perceived conflict of interest, then the Commission member twill be allowed to recuse or withdraw from that deliberation. Conflict of Interest Procedure: Every Commission member who has a conflict of interest shall publicly disclose the conflict at the next Commission meeting after the Commission member discovers the conflict. If a discovery or determination of a conflict is made during a Commission meeting, the Commission member shall publicly disclose the conflict at that time. The nature and extent of such conflict of interest shall be fully disclosed . and a summary of the same shall be incorporated into the official minutes of the Commission proceedings. If a Commission member feels that they cannot be unbiased because of any conflict of interest the Commission member shall recuse themselves from further proceedings on the issue. Such Commission member shall make a public statement disclosing the reasons why the Commission member believes they are€eels disqualified, and state they are recusing themselves from the issue. The disqualified Commission member will then leave the Council Chambers until such time as the issue at hand has been disposed of in the regular course of business. If there are other matters on the agenda, then the disqualified Commission member must return to the Council Chambers to participate in the other matters as soon as the Commission ends discussion of the matter in which the disqualified Commission member has a conflict of interest. Planning Commission Rules of Procedure, Attachment to Resolution 12- Updated and Approved by Council 12012 Page 6 of 8 DRAFT D. Other Prohibited Acts. Commission Mmembers o4he Commission are prohibited from: Acting in a manner, which would result in neglect of duty, misfeasance or malfeasance in office. 2. Acting in a manner that intentionally disrupts Commission meetings. 3. Missing three sir )-or more consecutive, regularly scheduled meetings or study sessions without such absences being excused by the Commission. The Commission recognizes that consistent and regular attendance of meetings by all members is integral to fulfilling the purpose of the Planning Commission. All members should attend all meetings and keep absences to an absolute minimum. If a member is absent, then wafter rolle call by the Secretary, he be iani of the Planning Goffi ;ssiei ~n°°tiff°, the Chair shall inform the Commission of the member's absence, state the reason for such absence, and inquire if there is any objection to excusing the member. If there is an objection, the Presiding Officer shall make a motion to excuse the member. If the motion is seconded, a vote shall be takenhad, and the outcome of the vote shall determine whether the member shall be considered excused. If there is no objection, or a motion to excuse the member is not seconded after an objection was made, then the member shall be deemed excused. If the Chair finds that the Commission has inadequate information to determine whether the absent member should be excused, and the person is not present, then the Chair should defer any determination of whether to excuse the member pending receipt of more information. A Commission member's absence is excused if they have recused themselves from a matter that is being discussed during the meeting, and the recusal is due to an actual or perceived conflict of interest. 4. Using his or her position to secure special privileges or exemptions for himself, herself, or others. 5. Directly or indirectly receiving accepting taking, seeking, or soliciting anything of economic value regardless of the amount, as a gift, gratuity, or favor.Difeeily °r indif°e4y gi- Hg °r 6. Engaging in or accepting` private employment or rendering services for any person or eng_agein in n any business or professional activity when such employment, service or activity is incompatible with the proper and faithful discharge of his/her official duties as a Commission member, or when it would require or induce the Commission member to disclose confidential information acquired by reason of such official position.AExg 7. Disclosing confidential information gained by reason of his or her membership on the Planning Commission or using such information for his or her personal gain or benefit. 8. Engaging in any meeting that violates the Open Public Meetings (OPMA). OPMA strictly forbids any meeting of quorum of the Commission during which any city business is discussed. The OPMA provides that Commissioners may Planning Commission Rules of Procedure, Attachment to Resolution 12- Updated and Approved by Council 12012 Page 7 of 8 DRAFT a. meet informally in less than a quorum and discuss City business, and b. meet in a quorum if City business is not discussed. However, Commissioners are encouraged to be mindful that such meetings risk creating the appearance of a violation of the OPMA and such meetings should be avoided. 14 -5. Appearance of Fairness A. The Commission shall adhere to the applicable requirements of the aAppearance of €Fairness dDoctrine, RCW Chapter 42.36. B. During the pendency of any quasi-judicial proceeding, no Commission member may engage in ex parte communications with proponents or opponents about a proposal involved in the pending proceeding, unless the Commission member: 1. places on the record the substance of such oral or written communications; and 2. provided that a public announcement of the content of the communication and of the parties' right to rebut the substance of the communication shall be made at each hearing where action is taken or considered on the subject. This does not prohibit correspondence between a citizen and Commission members if the correspondence is made part of the record, when it pertains to the subject matter of a quasi-judicial proceeding. (RCW 42.36.060) 156. Review of These Rules of Procedure The Planning Commission shall review these rules of procedure on the first anniversary of their adoption and the odd numbered years thereafter. Proposed changes upon the recommendation of the City Attorney may be brought as appropriate. Any amendments identified by the Platitiitig Commission or the City Attorney-shall be forwarded to the City Council for review and ratification. KNOW ALL PERSONS BY THESE PRESENT: That the undersigned Secretary of the Spokane Valley Planning Commission does hereby certify that upon review and majority vote the above and forgoing rules have been duly adopted by the members of said Commission. Y: Secretary of the Commission Date: Planning Commission Rules of Procedure, Attachment to Resolution 12- Updated and Approved by Council 12012 Page 8 of 8 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 21, 2012 Department Director Approval: ❑ Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Update on potential Sprague Property Purchase GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Council originally heard a presentation from the Spokane County Library District on January 10, 2012 requesting consideration for a partnership to purchase 8.4 acres of property. Other Council touches include February 7, 2012 Potential Park Property — Sprague Ave (council retreat); March 6, 2012 Potential Park Property — Sprague Ave; April 10, 2012 Potential Park Property Conceptual Plans, and April 10, 2012 Potential Sprague Purchase: MOU; April 17, 2012 Motion Consideration: Memorandum of Understanding Regarding Allocation of Traffic Study Costs Related to the Park Property Acquisition between the City and Spokane County Library District; and April 17, 2012 Motion Consideration: Letter of Intent. Most recently, the Library Board Trustees Chair Tim Hattenburg made a second presentation to Council on August 14, 2012. BACKGROUND Previously, the City made a decision to participate in the potential joint acquisition of land for a joint library /park site. The 2010 Library Facilities Master Plan adopted by the trustees in 2010 indicates the Spokane Valley library replacement as a 50,000 square foot library on two floors and indicates it would be a "regional resource library." The Master Plan is consistent with information presented to City Council on January 10, 2012 by the Library Chair. The size of the library and other requirements of both parties have been jointly agreed over the past several months and included in a draft Memorandum of Understanding which has been provided to Council in conjunction with other actions related to the potential acquisition. Decisions made by the City, such as the issuance of a Letter of Intent to Purchase, a Traffic Study, Appraisal, and others, were made on the basis that the building would be a two -story, 50,000 square foot building . On August 14, 2012 the Library Board Trustees Chair Tim Hattenburg, made an updated presentation to City Council. The Library proposes to reduce the size of the future library from a two- story,50,000 square foot building, to a one - story, 30,000 square foot building. Under the smaller designation, it appears the facility may no longer be designated as a "main" or regional resource library. The Council and staff will discuss this matter and consider the impact, if any, on the City and Library processes regarding the potential acquisition. The Traffic Study has been completed to determine the traffic impact and potential development costs for the 8.4 acre property. The City Senior Traffic Engineer will present the results and impacts of the Traffic Study along with estimated cost of frontage improvements. The Finance Director will present possible funding options for purchase of the property OPTIONS: RECOMMENDED ACTION OR MOTION: Discussion Only BUDGET /FINANCIAL IMPACTS: STAFF CONTACT: Mike Jackson, Inga Note, Mark Calhoun ATTACHMENTS: Draft Interlocal Agreement for Acquisition of Real Estate, Previous Library District Presentations. January 10, 2012; August 14, 2012 Traffic Study PowerPoint Presentation Fund 310 Spreadsheet Discussion Draft 07/17/12 INTERLOCAL AGREEMENT FOR ACQUISITION OF REAL ESTATE This Agreement is made by and between the CITY OF SPOKANE VALLEY ( "City ") and the SPOKANE COUNTY LIBRARY DISTRICT, a Washington municipal corporation ( "Library District ") collectively referred to herein as the "Parties ", based upon the following Recitals. The Agreement shall become effective as of the date the last Parry hereto executes this Agreement. RECITALS A. WHEREAS, the Parties each have need of acquiring real property in furtherance of their respective public purposes; and B. WHEREAS, four contiguous parcels of real property comprising approximately 8.4 acres located on the corner of Sprague and Herald within the City and legally described on the attached Exhibit "A ", (the "Property") have been identified by the Parties as appropriate to their needs. The Spokane County parcel numbers are 45174.9053, 45174.9054, 45174.9055, and 45174.9056; and C. WHEREAS, City anticipates entering into negotiations with the owner of the Property, Pring Corporation ( "Pring "), whereby the City would purchase the Property from Pring, and D. WHEREAS, the Library District for its purposes needs between two and one -half and three and one -half acres of the Property while the City needs the balance; and Interlocal Agreement for Acquisition of Real Estate Page 1 Discussion Draft 07/17/12 E. WHEREAS, the Parties hereto wish to enter into this Agreement for the purpose of agreeing to jointly develop the Property and to provide for dividing the Property between the City and the Library District at a later date such that the interests of both Parties will be served; and F. WHEREAS, the Parties acknowledge that there will be costs to construct ri t -of -way improvements directly related to the anticipated development activity of the respective Parties, and that the Parties need to apportion those costs between themselves, and F. WHEREAS, pursuant to RCW 36.34.340, the City is authorized to acquire by purchase title to real property for park and recreational purposes; and G. WHEREAS, RCW 39.33.010 authorizes governmental entities to transfer real property between themselves as set forth in RCW 39.33.020, and H. WHEREAS, RCW 39.34.030(1) provides that any power or authority capable of being exercised by a public agency of this state may be exercised jointly with any other public agency of this state. NOW THEREFORE, based upon the foregoing recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: Joint Board. No joint board or agency shall be created as a result of this interlocal agreement between the Parties. Any action taken pursuant to the terms of this agreement must be separately approved by the governing boards of each Party. Interlocal Agreement for Acquisition of Real Estate Page 2 Discussion Draft 07/17/12 2. Purchase of Property. The City will negotiate in good faith with Pring regarding a Real Estate Purchase and Sale Agreement (the "Purchase and Sale Agreement ") for the purchase of the Property. 3. Purchase Price. The Library District, contemporaneous with the Closing between the City and Pring, and subject to mutual agreement on the price paid by the City to Pring, shall pay to the City an amount equal to the per square foot Purchase Price of the Property based upon the total number of square feet of the Property determined by the survey times two and one -half acres (108,900 sq. ft.) together with the same proportionate share of any survey, title, recording, closing, and phase I environmental audit costs. Any appraisal fees shall be paid entirely by the City. The City is not represented by Realtor, and shall not pay any fees related to services provided by Realtor related to purchasing the Property unless otherwise agreed to in writing. 4. Title. The Parties agree that the Purchase and Sale Agreement shall reflect that the Purchase Price at Closing shall be paid in cash and that title to the Property shall be taken in the name of the City, subject to the contract right of ownership by the Library District of at least 2.5 acres, as identified in this Agreement. This contract right of ownership is enforceable in an action for specific performance. 5. Closing. Closing of the transaction to purchase the Property shall occur on or before a date mutually acceptable to the City and Pring. 6. Joint Site Development Plan. Within one year following the Closing, the Parties shall work together to draft and finalize a Joint Site Development Plan with the goal of agreeing, among other things, on how much of the Property the Library District will require for its Interlocal Agreement for Acquisition of Real Estate Page 3 Discussion Draft 07/17/12 purposes, and location of the same. The Parties intend that the Joint Site Development Plan shall include building footprints, parking, curb cuts, sidewalks, storm water management, access including reciprocal access and parking easements if any, and any other matters that the Parties deem desirable to be included as part of such Joint Site Development Plan. The Library District anticipates that its needs will include the following: A. 50,000 square foot building on two floors, not necessarily of equal size. B. Consistent with a 2007 pre- design document, "The exterior building image should provide a sense that this building is a library and an important civic and community building. This can be accomplished by using timeless, quality materials like brick, stone, concrete and composite metal panels to name a few." C. Site Requirements: • Building footprint possibly up to 30,000 square feet • Drive - through materials pick -up and return requires vehicular access along one side of the building. • Vehicular access required for rear service entrance. • Appropriate parking to meet the City's code minimum requirements for a public library, 200 seat auditorium with fixed seating, and 100 seat meeting room. • Require frontage on or clear visibility from Sprague Avenue but not from behind a parking lot. • At least one side of library building adjacent and open to landscaped park area. The City anticipates that its needs will include the following: A. Park land for neighborhood park Interlocal Agreement for Acquisition of Real Estate Page 4 Discussion Draft 07/17/12 B. Due to civic nature of site, shared hardscape such as walkways and plaza anticipated C. Typical park amenities • sparking • reading garden • public market space • civic plaza and fountain • flag displayNeteran's memorial • small picnic shelter • large shelter • performance /gathering place • seasonal cafe place • open field • walking loop /trail • art/sculpture walk D. Site requirement considerations: • Public access to library restrooms during park hours • Park frontage on Sprague • Off - street parking for park users (shared parking with library) Fundamental to the understanding between the Parties hereto is that as of the date hereof, neither Party is in a position to know precisely how the Property should be divided such that the resulting two parcels will maximize the use and benefit to each Party of the Property for the Parties' respective needs to the extent allowed by law. To that end, the Parties agree that as of the date hereof, the diagram depicted on Exhibit "B" attached hereto represents the current estimate of the Parties as to the division of the Property, recognizing that the number of square of feet and Interlocal Agreement for Acquisition of Real Estate Page 5 Discussion Draft 07/17/12 the precise location of the boundary line to be created cannot be known until completion of the Joint Site Development Plan. The Parties therefore agree to cooperate in good faith with each other to arrive at a mutually satisfactory arrangement reflected in the Joint Site Development Plan. Any engineering or other consulting fees incurred in this process shall be split equally. Allocation of costs for a traffic study that addresses impacts of anticipated development shall be the subject of a separate Memorandum of Understanding between the Parties. Based upon the traffic study, the Parties have identified certain right-of-way provements or site -wide improvements (collectively referred to as "frontage improvements) that are necessary for the respective proposed projects. The Parties agree to split the frontage improvements currently identified in the traffic stud, on a (* * / * *) basis. The frontage improvements currently identified are set forth in Exhibit C. attached hereto. Allocation of additional costs for any other frontages improvements et: 4hei: site wide developffient that are necessitated by or otherwise eests shall be determined as part of the Joint Site Development Plan will be split as agreed y the Parties within 30 days of completion of the Joint Site Development Plan.;_ w4ieh The Parties will negotiate the allocation of any such additional frontage improvement costs in good faith. 7. Property Adiustment. If, as a result of the Joint Site Development Plan process the Library District determines that it needs more than 2.5 acres, then the City agrees that it will sell to the Library District at the original per square foot Purchase Price up to one additional acre of the Property. Payment to the City by the Library District of any additional property in excess of the original 2.5 acres shall be made on or before recording of the Deed described in Section 8 below. Any costs incurred for the boundary line adjustment process, and any surveying fees and Interlocal Agreement for Acquisition of Real Estate Page 6 Discussion Draft 07/17/12 fees for preparation and recording of the Deed shall be paid for by the Library District. Any legal fees incurred by the Parties shall be the separate responsibility of each. 8. Deed to Library District. Within 30 days after completion of the Joint Site Development Plan, the Parties will cooperate to initiate the process to adjust the boundary line as agreed in the Joint Site Development Plan through a boundary line adjustment. Within 10 days of the completion of the boundary line adjustment, the City will convey to the Library District by deed that portion of the Property designated for the Library District on the Joint Site Development Plan to the Library District. 9. Failure of Joint Site Development Plan. In the event that, despite their good faith best efforts, the Parties are unable to agree on a Joint Site Development Plan as described above, and absent an agreement between the Parties to extend the deadline for developing such Joint Site Development Plan, then City shall, within 60 days after the final deadline for developing the Joint Site Development Plan, reimburse the Library District the full amount of that portion of the Purchase Price together with the pro -rata share of any survey, title, recording closing, and phase I environmental audit costs paid by the Library District. Each Party shall pay its pro -rata costs of the Joint Site Development Plan if the project does not go forward, either due to failure to agree on a Joint Site Development Plan or because the District does not pass its bond as set forth in Section 10. 10. Re- Purchase by City. In order to construct a library building and ancillary improvements on the portion of the Property acquired by the Library District, it is anticipated that the Library District will need to secure voter approval of a District -wide bond levy covering Interlocal Agreement for Acquisition of Real Estate Page 7 Discussion Draft 07/17/12 this and other projects. Without voter approval of such bond, the Library District will not be in a position to develop its portion of the Property. The Parties agree that in the event that the Library District has not, within five years following the Closing, secured voter approval of a construction bond for the library building and ancillary improvements in such amount as shall be determined necessary by the Library District, that thereafter the Library District shall reconvey all of the Property back to the City at the same price paid by the Library District to the City. Such payment shall be paid all in cash. The Library District, in such event, shall convey title to the City with the same type of instrument as it received the Property from the City. In the event the construction bond is approved, the Library District shall commence construction within one year of the date of voter approval of the construction bond. 11. Maintenance Costs. The City agrees to maintain the Property, including that portion deeded to the Library District, until such time as the Library District shall begin development of its property. Maintenance is anticipated to include weed control and trash removal, and the Library District agrees to reimburse the City on an annual basis its proportionate share of such costs. 12. Use of Property. The City agrees that its portion of the Property will be dedicated to public use and will not be sold to any third party. The Library District agrees that its portion of the Property will be developed into a public library facility provided that funding for such project is secured as provided above in Section 10. Interlocal Agreement for Acquisition of Real Estate Page 8 Discussion Draft 07/17/12 13. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, personal representatives, legal representative, agents, attorneys, successors and assigns. 14. Entire Agreement. This Agreement is the sole and entire agreement between the Parties, and there is no other agreement, either oral or in writing, which modifies the terms of this Agreement. No statement, promises, or inducements made by either Party or any agent of either Party that is not contained in this written Agreement shall be valid or binding. Any enlargement, modification or alteration of this Agreement is binding only if executed in writing and signed by all Parties hereto. 15. Attornevs' Fees. In any action to enforce this Agreement, the prevailing Party shall be entitled to recover expenses, including reasonable attorneys' fees, at all trial and appellate levels, including any bankruptcy proceedings. 16. Venue. This Agreement is entered into in the State of Washington and venue of any action shall be the Superior Court for Spokane County. 17. Notices. All notices, demands or other communications which are required or permitted to be given under this Agreement shall be in writing, and either personally delivered or mailed to the other Party at the address set forth below its signature on this Agreement, or at such other addresses as either party may give to the other by notice in writing pursuant to the terms of this paragraph. Interlocal Agreement for Acquisition of Real Estate Page 9 Discussion Draft 07/17/12 18. Waiver. Waiver by either Party of any covenant, condition or provision of this Agreement shall not operate as or be considered to be a waiver by such Party of any other covenant, condition or provision hereof, or of any subsequent breach of either Party. 19. Additional Acts. The Parties each hereby agree to perform, execute and /or deliver or cause to be performed, executed and /or delivered, any and all such further acts, documents and assurances as may be reasonably required to consummate the transaction contemplated hereby. 20. Recording of Agreement. Pursuant to the provisions of RCW 39.34.040, this Interlocal Agreement shall be filed with the office of the Spokane County Auditor, or posted on the Cites website. 21. Negotiation and Construction. This Agreement, and each of the terms and provisions hereof, are deemed to have been explicitly negotiated between the Parties, and the language in all parts of this Agreement shall, in all cases, be construed according to its fair meaning and not strictly for or against either Party. 22. Representation of Authority. Each person who executes this Agreement represents and warrants to the Parties that he or she has the authority to do so. SPOKANE COUNTY LIBRARY DISTRICT CITY OF SPOKANE VALLEY By: Print Name: Title: Address: Interlocal Agreement for Acquisition of Real Estate By: Print Name: Title: Address: Page 10 Discussion Draft 07/17/12 Dated: Dated: Interlocal Agreement for Acquisition of Real Estate Page 11 STATE OF WASHINGTON) ss. County of Spokane Discussion Draft 07/17/12 I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledge it as the of the SPOKANE COUNTY LIBRARY DISTRICT to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: 2012 STATE OF WASHINGTON) ss. County of Spokane Printed Name: Notary Public in and for the State of Washington Residing at: My appointment expires: I certify that I know or have satisfactory evidence that Mike Jackson is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledge it as the City Manager of the CITY OF SPOKANE VALLEY to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: , 2012 1:\SPODOCS\26321 \00006\AGREE\ 1007874 Interlocal Agreement for Acquisition of Real Estate Printed Name: Notary Public in and for the State of Washington Residing at: My appointment expires: Page 12 Library Facilities Library Facilities Blaster Plan -- Adopted by Board of Trustees in 2010 -- Based on community needs assessment Key Findings — Libraries are too small and too noisy Quiet reading and study areas needed Not enough books, audiobooks, and DVDs Not enough computers — Not enough comfortable seating --- Guides short and long term facility planning — Plan prioritizes improvements ® Three phases — 20 -year planning horizon • Relocate & replace 3 branches • Add 3 new branches • Expand & remodel 6 branches • Expand & remodel support services -- $50.8 million (2010 $) bond funding -- 2014 -2015 earliest election date — All projects completed by 20252026 i.N �A �fl J k � I" i ��V, AII!' • New Branch: Conklin Rd — 12,000 square feet — Single floor • Phase 2 Land already owned — Approximately two acres — East side of Conklin Road, just South of Sprague L '6kane 3p New Branch: South 12,000 square feet Single floor Land not yet acquired Need Approximately two Ideally along the Pines Rd & 32nO Ave axis cane F'Valle . f , I � Ire' � ' i ' � i♦. I • Replace Spokane Valley Library -- 50,000 square feet — 2 floors — 200 seat auditorium — 2 conference rooms — 5 quiet study rooms — 242 parking spaces • Phase 1 • Site not yet acquired — Need approximately four acres — Ideally on the Sprague Avenue corridor axis between University and Pines Roads 1 , 1 I ; I I 1 i - i I. ' `{f IIS IX .;.0 VaI ley • Approximate cost for City of Spokane Valley projects — $25,768,000 of the $50,801,000 District -wide total [2010 dollars] • Timeline — Assumes successful early 2015 bond issue election — Phase 1: 2015 -2018 • Design, build, open Spokane Valley Library replacement — Phase 2: 2017 -2022 • Design, build, open new Conklin Road Library • Design, build, open new South Valley Library Spokane Val ley ® Location -- Ideally on the Sprague Avenue corridor axis between Dartmouth and Pines Roads -- Possibly as far north as Broadway or as far south as 4th — On arterial -- Zoning not an issue for a public library • Site size requirements -- Approximately 4 acres, depending on parcel configuration — Significant parking requirements + landscaping 9 other factors — Compatible adjacent uses -- Easy left turn to parking -- Prefer vacant land to purchasing structure and razing Site identification and evaluation Representation agreement with NAI /Black (Grant Person & Mike King) to... Research potential sites Evaluate suitability Provide acquisition cost estimates Researched 19 potential Narrowed down to 4 Top choice is west half of 8+ acres at Sprague & Herald owned by the Pring Corporation • Pring Corporation property -- Location meets SCLD site criteria — Vacant land — In addition, adjacent to park (Balfour) — However, only west half of property needed — Owner is firm about selling only entire site and for cash —no financing or contingencies -- SCLD can't purchase entire 8+ acre's t raw i ►.° i ,Ei • Proposal — City of Spokane Valley and Spokane County Library District discuss joint purchase of entire 8+ acres • SCLD use west half for library • City of Spokane Valley use east half to expand Balfour Park • Joint site planning and development to maximize public use of the property • Interlocal Agreement for terms of joint purchase. including financial • Probably second Interlocal Agreement regarding joint site planning and development — If City Council interested in pursuing, staff could begin to work out details of purchase offer and Interlocal Agreements for future Council and SCLD Board of Trustees consideration Library Facilities Master Plan Adopted by Board of Trustees in 2010 Key Findings +Libraries are too small and too noisy +Need more quiet reading and study areas +Not enough books, audiobooks and DVDs +Need more computers +Need more comfortable seating SPOKANE COUNTY 2 LIBRARY �r DISTRICT 3 Overall Recommendations +Replace Spokane Valley Library +Replace North Spokane Library +Expand and renovate seven community libraries +Build two new libraries to serve Spokane Valley +Expand and remodel admin /support services SPOKANE COUNTY LIBRARY ��o DISTRICT 0 Timeline +Three -phase implementation to be completed over 20 years +Anticipate 2014 -15 as earliest election date +All projects completed by 2025 -2026 +Original timeline and recommendations did not anticipate the current economy SPOKANE COUNTY LIBRARY ��o DISTRICT Future Libraries for Spokane Valley Current +Spokane Valley Library — a stand alone library with 22,950 sq ft on three floors +Built in 1955 + Remodeled and expanded 1986 & 1988 5 Proposed* +Sprague Library — one floor 30,000 sq ft +Conklin Library 15,000 sq ft +South Valley Library 15,000 sq ft (Total of 60,000 sq ft) *Revised 2012 SPOKANE COUNTY LIBRARY e, 9 DISTRICT Sprague Library +Proposed partnership +Combines park with library +30,000 sq ft one story +Large meeting room +Programming room +Study rooms +Conference room +Collection space SPOKANE COUNTY 6 LIBRARY P11,61 DISTRICT Conklin Library +District own 2.5 acres on Conklin near Sprague + 15,000+ sq ft +Large meeting room +Programming room +Information commons +Study rooms r, It l t f :Rd 0- A. +Collection SPOKANE COUNTY LIBRARY DISTRICT Future South Valley Library +Exploring sites south of 32nd between University and Sullivan +Need minimum of 2.5 acres + 15,000+ sq ft --------------- -- +Comparable to Conklin Library E' SPOKANE COUNTY LIBRARY ��� DISTRICT Proposed Partnership with Park +Library Board approved the Inter -local Agreement to purchase property on Sprague +Revised plan for the size of the building based upon Traffic Study, service needs and required parking +One story provides greater efficiency and sustainable operating costs +Assumes successful bond issue election by 2015 to fund capital costs SPOKANE COUNTY 9 LIBRARY e, 9 DISTRICT Strategic Planning +District is developing a Strategic Plan to guide services over the next 3 -5 years +Board of Trustees will review the Master Facilities Plan in light of the current economy and strategic goals and objectives +Plan will take into account intention to present a capital bond issue to the voters by 2015 +Plan will account for reducing the size of the Sprague Library and increasing size of Conklin and South Valley libraries SPOKANE COUNTY 10 LIBRARY e, 9 DISTRICT Ready to Move Forward +Board approved mid -year budget modifications allocating funds to purchase Sprague property +Board approved Inter -local Agreement +District staff are prepared to begin working on a site plan with City of Spokane Valley staff +Questions? 11 SPOKANE COUNTY LIBRARY ��0 DISTRICT Sprague Prope Upd August 21, 2012 3,000 daily trips Increase on Main Ave . Intersection LOS Wells Fargo cut- through Fire concerns On- street parking raff ic Study Re su 2 141� City of Spokane Valley — Balfour Park Library and Park Expansion - Option #3 llcy- Existing Park Size • 2.5 Acres Additional Land - 8.39 Acres i 14 13 44 40 4 ! P Mlt N, Terrell ■ I.dfldSC e, Aml-iltect 150 141 N. Meadowwood Lane, Suite 156 Llbeity lake, WA 99019 [569]922 -3449 .. _ April 7, 2417 raft Site PI' 3 Legend 1. Library Total = 10.89 Acres 2. Library Drive Through 3. Parking -124 Spaces * r 4. Large Shelter S. Small Pli:nic Shelter 5. Small Splash Pad 7. Veteran's Memorial B. Clvlc Gathering Space and Stage A f 9. Seasonal CaN 16 10. Open Fields 11. Farmers Market Space 5 12. New Park Signage 00 lZ 1:3, Art/Sculpture 7 I 14, LS. Sidewalks Balfour Park Improvements 10. 4 New Swing Set New Tot Lot M 16, Existing Parking Lot :7. Existing Restroom �Y 18. Existing Play Structure e _ 19. Exlsting Volleyball Court ` 213. Skate Park 21. Reading/Rose Garden 22. Existing Overhead Power Mlt N, Terrell ■ I.dfldSC e, Aml-iltect 150 141 N. Meadowwood Lane, Suite 156 Llbeity lake, WA 99019 [569]922 -3449 .. _ April 7, 2417 raft Site PI' 3 xisting Library o Eastbound and westbound bus within 650 feet. 104 weekday hoardings /alightings nearby. Paratransit - 579 trips /year proposed Location 11 Westbound bus closer. Eastbound bus farther. Expect similar ridership ransit Access M �- fit. �. �i '•rt - . a 4 � LticationE 1/4 to I I1 0 mi ea tra see 5 pr1 f WW AWK Siognal (Ada County) m 6 '/4 mile on Main and Herald Curb and gutter 6' sidewalk 10' drainage swale On- street parking HAWK Signal on Sprague $701,000 rontage Improveme P: \Clerk \Agenda Packets for Web \agenda packet 08 -21 -12 \Item 7 -6 Fund Spreadsheet Fund 310 Money available in Fund #310 - Civic Facilities Capital Projects Fund Spokane Cnty reimb on STEP -48th & Sundown Investment Interest Total revenues West Gateway at Thierman STEP - Greenhaven STEP - 48th & Sundown Prof Svc related to potential Sprague prop acq Acquisition of Sprague property Total expenditures Revenues over (under) expenditures Beginning fund balance Ending fund balance 2012 As Amended February 28 1 Amendment As I Amended 0 78,500 78,500 6,000 0 6,000 6,000 78,500 84,500 120,000 0 120,000 0 0 118,000 118,000 0 0 173,500 173,500 0 0 30,000 30,000 0 0 0 0 0 120,000 321,500 441,500 0 (114,000) (357,000) 0 3,856,623 3,856,623 3,499,623 3,742,623 3,499,623 3,499,623 Capital Nee s - - Potential acquisition and development of park property on Sprague Avenue (ongoing maintenance costs of a new park should also be considered). - Sullivan Street Bridge Repairs - $10 million secured on an approximate $20 million project. - Future Acquisition or Construction of a City Hall - $10 to $15 million. - Potential of a need to invest in a solid waste transfer station - cost unknown. DRAFT ADVANCE AGENDA For Planning Discussion Purposes Only as of August 15,2012; 4:00 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 August 28, 2012, Formal Meeting Format, 6:00 p.m. [due Mon, Aug 201 1. PUBLIC HEARING: 2013 Budget (estimated revenues & expenditures) (15 minutes) 2. Consent Agenda (claims, payroll, minutes) (5 minutes) 3. First Reading Proposed Ordinance Amending Zoning Use Matrix— Christina Janssen (15 minutes) 4. Motion Consideration: Setting 2013 Budget Hearings for 9/25 and 10/9 — Mark Calhoun (5 minutes) 5. Motion Consideration: Emergency Management Interlocal Agreement — Cary Driskell (15 minutes) 6. Admin Report: Lodging Tax — Mark Calhoun (15 minutes) 7. Admin Report: Advance Agenda (5 minutes) 8. Info Only: (a) Department Reports, (b) Sidewalk Infill Project Update [ *estimated meeting: 75 minutes] September 4, 2012, Study Session Format, 6:00 p.m. [due Mon, Aug 271 ACTION ITEM: 1. Motion Consideration: Sidewalk Infill Project Bid Award — Steve Worley (10 minutes) NON - ACTION ITEMS: 2. Outside Agencies: Presentations from Economic Development Orgs — Mark Calhoun ( -60 min) 3. STA Presentation: Future Transit Planning & SV Corridor Potential Projects — Susan Meyer (15 minutes) 4. Admin Report: Proposed 2013 Property Tax Ordinances — Mark Calhoun (20 minutes) 5. Advance Agenda (5 minutes) 6. Info Only: Sidewalk & Transit Stop Accessibility Project Update [ *estimated meeting: 110 minutes] September 11, 2012, Formal Meeting Format, 6:00 p.m. [due Tues, Sept 41 Proclamation: National Fall Prevention Day (Sept 21) 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Second Reading Proposed Ordinance Amending Zoning Use Matrix — Christina Janssen (15 minutes) 3. Motion Consideration: Sidewalk & Transit Stop Accessibility Project Bid Award — S.Worley (10 minutes) 4. Admin Report: Presentation of City Manager's Preliminary 2013 budget — Mike Jackson (15 minutes) 5. Admin Report: Outside Agencies: Presentations from Social Service Agencies — M.Calhoun ( -70 min) 6. Admin Report: Advance Agenda (5 minutes) 7. Info Only: Sprague Appleway Corridor Environmental Assessment September 18, 2012, Study Session Format, 6:00 p.m. 1. Advance Agenda [ *estimated meeting: 120 minutes] [due Mon, Sept 101 (5 minutes) September 25, 2012, Formal Meeting Format, 6:00 p.m. [due Mon, Sept 171 1. PUBLIC HEARING: Proposed 2013 Budget — Mark Calhoun (20 minutes) 2. Consent Agenda (claims, payroll, minutes) (5 minutes) 3. First Reading Proposed Ordinance for Property Tax — Mark Calhoun (15 minutes) 4. Motion Consideration: Allocation of Funds to Outside Agencies — Mark Calhoun (20 minutes) 5. Admin Report: 2012 Budget Amendment — Mark Calhoun (20 minutes) 6. Admin Report: Advance Agenda (5 minutes) 7. Info Only: Department Reports [ *estimated meeting: 85 minutes] Draft Advance Agenda 8/17/2012 9:04:32 AM Page 1 of 3 October 2, 2012, Study Session Format, 6:00 p.m. [due Mon, Sept 241 1. Advance Agenda (5 minutes) October 9, 2012, Formal Meeting Format, 6:00 p.m. [due Mon Oct 11 1. PUBLIC HEARING: Proposed 2013 Budget — Mark Calhoun (20 minutes) 2. PUBLIC HEARING: Proposed Amended 2012 Budget — Mark Calhoun (15 minutes) 3. Consent Agenda (claims, payroll, minutes) (5 minutes) 4. Second Reading Ordinance Proposed Property Tax — Mark Calhoun (10 minutes) 5. First Reading Proposed Ordinance Adopting 2013 Budget — Mark Calhoun (15 minutes) 6. First Reading Proposed Ordinance Amending 2012 Budget — Mark Calhoun (10 minutes) 7. Motion Consideration: Allocation of Funds to Outside Agencies — Mark Calhoun (20 minutes) 8. Admin Report: Advance Agenda (5 minutes) [ *estimated meeting: 100 minutes] October 16, 2012, Study Session Format, 6:00 p.m. [due Mon, Oct 81 1. Advance Agenda (5 minutes) October 23, 2012, Formal Meeting Format, 6:00 p.m. [due Mon, Oct 151 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Second Reading Ordinance Adopting 2013 Budget — Mark Calhoun (15 minutes) 3. Second Reading Proposed Ordinance Amending 2012 Budget — Mark Calhoun (10 minutes) 4. Admin Report: Advance Agenda (5 minutes) 5. Info Only: Department Reports [ *estimated meeting: 35 minutes] October 30, 2012, Study Session Format, 6:00 p.m. 1. Advance Agenda November 6, 2012, Studv Session Format, 6:00 p.m. 1. Advance Agenda November 13, 2012, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: 2013 Fees — Mark Calhoun November 20, 2012 — No Meeting. Thanksgiving Week [due Mon, Oct 221 (5 minutes) [due Mon, Oct 291 (5 minutes) [due Mon, Nov 51 (5 minutes) (20 minutes) November 27, 2012 — Possible no meeting, (NLC Conference in Boston, Nov 27 Dec 10) December 4, 2012, Study Session Format, 6:00 p.m. 1. Advance Agenda 2. Info Only: Department Reports (normally due for the Nov 27 meeting) December 11, 2012, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Proposed Resolution: Amending Fees for 2013 — Mark Calhoun 3. Motion Consideration: Lodging Tax Allocation of Funds — Mark Calhoun 4. Motion Consideration: Mayoral Appointments to Planning Commission, et al 5. Admin Report: Advance Agenda [due Mon, Nov 261 (5 minutes) [due Mon, Dec 31 (5 minutes) (15 minutes) (30 minutes) (15 minutes) (5 minutes) Draft Advance Agenda 8/17/2012 9:04:32 AM Page 2 of 3 [ *estimated meeting: 70 minutes] December 18, 2012, Study Session Format, 6:00 p.m. [due Mon, Dec 10] 1. Advance Agenda 2. Info Only: Department Reports December 25, 2012. No meeting. Christmas week January 1, 2013. No meeting. New Year's Day January 8, 2013, Formal Meeting Format, 6:00 p.m. [due Mon, Dec 311 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Admin Report: Advance Agenda (5 minutes) OTHER PENDING AND /OR UPCOMING ISSUES/MEETINGS: ADA Transition Plan Arts Council Bidding Contracts (SVMC 3. — bidding exceptions) Budget Amendment, 2012 Centennial Trail Agreement City Hall Analysis Comp Plan Amendment Process Potential Revisions Contracts, Annual Renewals, histories, etc. Donation Policy Economic Development, Ad Hoc Committee Report Future Acquisition Areas Greenacres Trail Grant Interstate Signage IPad Cost Analysis Investment Accounts Manufactured Homes Nuisance, SVMC 7.05, Amendment Nuisance Compliance Amendments SVMC 17.100 Pedestrian/Bicycle Grant Program Planning Commission Rules of Procedure Prosecution Services Public Safety Contract, Proposed Amendment Revenue Policy, Cost Recovery Snow Plows, Discussion of Speed Limits (overall system) Stormwater Projects Truck Traffic; Truck Parking in Residential Areas *time for public or council comments not included Draft Advance Agenda 8/17/2012 9:04:32 AM Page 3 of 3 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 21, 2012 Department Director Approval: ❑ Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ® information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: 2012 SRTC Call for Projects GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Resolution 11 -005 adopting the 2012 -2017 Six Year Transportation Improvement Program (TIP) on June 28, 2011; Admin Report on the Draft 2013- 2018 Six Year TIP on May 29, 2012; Info Memo on Preliminary STP Project List on June 12, 2012; Admin. Report on Preliminary STP Project List on June 26, 2012; Approval of project list on July 10, 2012. BACKGROUND: The Spokane Regional Transportation Council (SRTC) issued their 2012 Call for Projects on July 2nd, 2012 for allocation of federal Surface Transportation Program (STP) funding for the years 2013 -2016. Staff presented, and council approved, a list of proposed projects in four different categories in which to submit grant applications. During the course of preparing the final grant applications the limits of two projects were revised slightly from what was previously presented to council. SPRAGUE AVE RESURFACING PROJECT — FANCHER TO DOLLAR The limits of this project were increased to include the area between Dollar Road and Thierman Road. See Map 1 below. Since the Sprague Ave Swale Upgrade Project limits were revised, based on budget limitations, to that area between Park Road and Thierman Road, staff felt it would be best not to leave a gap in the resurfacing project between Thierman Road and Dollar Road. H'P '. 7 i it 3 11 .I `a 4 Base Ma➢ Aena12Pt6 agzgz. ozo5 „ ____ ___. Map 1: Sprague Ave /Appleway Ave — Dollar Road to Thierman Road APPLEWAY PATH PROJECT — EVERGREEN TO TSHIRLEY Upon closer review of the previously proposed project limits staff realized there would be a small gap remaining between Tshirley Road and Corbin Road. Therefore, the limits of this project were increased to include this small area. This increase allows the trail to connect with the existing sidewalk and trail east of Corbin Road. See map below. Staff felt it was important to include this area so as not to leave a small gap in the trail. x w 40. M1r Area Included Appleway Ave SpragueAve cm 41— n - Map 2: Appleway Trail Area — Tschirley Road to Corbin Road OPTIONS: Information only. RECOMMENDED ACTION OR MOTION: Information only. ri r BUDGET /FINANCIAL IMPACTS: Estimated projects costs were included with the information presented when Council approved the proposed list of projects. These estimates were subject to change as more detailed cost estimates were completed as the grant applications were finalized. Attached is the list of projects with updated cost estimates. STAFF CONTACT: Steve M. Worley, PE — Senior Capital Projects Engineer ATTACHMENTS: 2012 SRTC Call for Projects — Projects List w/ updated estimates. City of Spokane Valley - 2012 SRTC Call for Projects - Proposed Projects List Improvement Category # Project Name Limits Start PE RW CN City Match STP funds STP funds 1 Sullivan Rd Corridor Traffic Study 1 -90 Wellesley 2013 2 ApplewayTrail Evergreen Corbin 2014 Start End I Year I (Dollars in Thousands) (13.5 %) (86.5 %) 1 Total 1 (Sullivan Road West Bridge (CN) Reconstruction Category I@ Spokane River I 2013 I $ 4,0001 1 $ 3,600.00 1 $ 4,000 Sub - Totals $ - 1 $ 3,600 1 $ 4,000 $3.6M available for Urban # Project Name Start Limits Start PE RW CN City Match STP funds 1 Sullivan Rd Corridor Traffic Study 1 -90 Wellesley 2013 2 ApplewayTrail Evergreen Corbin 2014 STP funds (86.5/) $ 27.00 $ 334.80 $ 361.80 $1.8M available Total Start End Year (Dollars in Thousands) (13.5 %) $ (86.5/) $ Total 1 Sullivan /Euclid Intersection PCC (CN) Sullivan Euclid 2013 $ 1,562 $ 210.87 $ 1,351.13 $ 1,562 2 Broadway @ Argonne /Mullan PCC (CN) Broadway Argonne /Mullan 2014 $ 2,110 $ 284.85 $ 1,825.15 $ 2,110 3 Sullivan Rd PCC Marietta Euclid 2014 $ 325 $ 2,492 1 $ 380.31 1 $ 2,436.79 1 $ 2,817 358.975 $ 415 4 Argonne Rd Resurfacing Sub-Totalsl $ 876.03 1 $ 5,613.07 1 $ 6,489 $5.4 M Available for Urban Preservation Cateeory # Project Name Start Limits End Start Year City Match (13.5 %) PE RW CN (Dollars in Thousands) City Match (13.5 %) 1 Sullivan Rd Corridor Traffic Study 1 -90 Wellesley 2013 2 ApplewayTrail Evergreen Corbin 2014 STP funds (86.5/) $ 27.00 $ 334.80 $ 361.80 $1.8M available Total 1 Sprague Ave Resurfacing (EB Lanes) Havana Fancher 2013 $ 55 $ 565 $ 83.70 $ 536.30 $ 620 2 Sprague Ave Resurfacing Fancher Thierman 2013 $ 30 $ 330 $ 48.60 $ 311.40 $ 360 3 Sprague Ave Resurfacing Herald University 2014 $ 30 $ 385 $ 56.025 $ 358.975 $ 415 4 Argonne Rd Resurfacing Sprague Broadway 2014 $ 35 $ 330 $ 49.275 $ 315.725 $ 365 5 Sprague Ave Resurfacing Argonne Herald 2015 $ 30 $ 680 $ 95.85 $ 614.15 $ 710 6 Sullivan Ave Resurfacing Broadway Mission 2015 $ 30 $ 286 $ 42.66 $ 273.34 $ 316 7 Sprague Ave Resurfacing Vista Argonne 2016 $ 30 $ 640 $ 90.45 $ 579.55 $ 670 8 Sullivan Ave Resurfacing Sprague Broadway 2016 $ 40 $ 800 $ 113.40 $ 726.60 $ 840 Sub-Totalsl $ 579.96 1 $ 3,716.04 1 $ 4,296 $7.2M Available for Urban Other Category (Bike /Ped, ITS, Studies, Transit, etc.) # Project Name Limits Start End Start Year PE RW CN (Dollars in Thousands) City Match (13.5 %) STP funds (86.5/) Total 1 Sullivan Rd Corridor Traffic Study 1 -90 Wellesley 2013 2 ApplewayTrail Evergreen Corbin 2014 $ 200 $ 535 $ 1,945 Sub - Totals $ 27.00 $ 334.80 $ 361.80 $1.8M available $ 173.00 $ 2,145.20 $ $ 200 2,480 $ 2,318.20 $ 2,680 for Urban Totalsl $ 1,818 1 $ 15,247 $ 17,465 Potential STP Project List P: \Public Works \Capital Projects \Project Funding Applications \2012 Applications \STP(U) Apps \STP Potential Project List.xlsxSTP Potential Project List.xlsx 8/8/2012