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Ordinance 12-021 Animal Shelters in CMU CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 12-021 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON AMENDING SPOKANE VALLEY MUNICIPAL CODE SECTION 19.060.080.B.6 and 19.120.010 RELATING TO ALLOWING ANIMAL SHELTERS IN THE CORRIDOR MIXED USE (CMU) ZONE WITH SPECIAL CONDITIONS, AND OTHER MATTERS RELATED THERETO. WHEREAS, on September 25, 2007, the City of Spokane Valley (City) adopted Spokane Valley Municipal Code(SVMC)Title 19,pursuant to Ordinance 07-015; and WHEREAS, on October 28,2007, SVMC Title 19 became effective; and WHEREAS, such regulations are authorized by RCW 36.70A; and WHEREAS, the amendments set forth below are consistent with the goals and policies of the City's Comprehensive Plan;and WHEREAS, on February 3, 2012, the Washington State Department of Commerce was notified pursuant to RCW 36.70A.106, providing an expedited 14-day notice of intent to adopt amendments to the Spokane Valley Comprehensive Plan; and WHEREAS, on July 6,2012 and July 14,2012,notice of the Planning Commission public hearing was published in the Valley News Herald;and WHEREAS, SVMC 19.60.080.13.6 and 19.120.010, as amended, bear a substantial relation to the public health, safety and welfare and protection of the environment;and WHEREAS, on July 26, 2012, the Commission held a combined study session and public hearing, received evidence, information, public testimony, and a staff report with a recommendation followed by deliberations and provided a recommendation; and WHEREAS, on August 9, 2012, the Commission approved the findings and recommendations; and WHEREAS, on August 21,2012, Council reviewed the proposed amendment at a study session; and WHEREAS, on August 28, 2012, Council considered a first ordinance reading to adopt the proposed amendment. NOW,THEREFORE,the City Council of the City of Spokane Valley do ordain as follows: Section 1. Purpose. The purpose of this Ordinance is to amend SVMC 19.60.080 and 19.120.010. Section 2. Findings. The City Council acknowledges that the Planning Commission conducted appropriate investigation and study, held a public hearing on the application and recommends approval of the amendment. The City Council hereby adopts the findings of the Planning Commission,specifically that: Ordinance 12-021, animal shelters in the CMU zone Page 1 of 3 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. e. Goal EDG-5: Collaborate with governmental agencies and the business community to promote a sustainable, strong, diverse and healthy regional economy. Section 3. Spokane Valley Municipal Code 19.60.080.B.6 is amended as follows: 6. Animal shelter(s) shall comply with the following provisions; a. No outside runs allowed; b. Human supervision must occur in any outdoor areas; c. Located along an arterial; d. 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. Section 4. Spokane Valley Municipal Code 19.120.010 is amended as follows: SVMC 19.120.010 as amended is attached as Schedule of Permitted Uses,Appendix 19-A. Ordinance 12-021, animal shelters in the CMU zone Page 2 of 3 Section 5. All other provisions of SVMC Title 19 not specifically referenced hereto shall remain in full force and effect. Section 6. Severability. If any section, sentence, clause or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Ordinance. Section 7. Effective Date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as provided by law. Passed by the City Council this 11th day of September,2012. r- Y. ayor,Tho as E. Towey 0 AT 72 : ity Clerk, Christine :ainbridge Approved as to Form: �.t I „,,,;1,11) Office fthe CifA.ttorney Date of Publication: I - Effective Date: ��'- 2 -- Ordinance 12-021, animal shelters in the CMU zone Page 3 of 3 [r N re M o[ d' a LL LL 5 co z Schedule of Permitted Uses Appendix 19-A Mixed Use Center Corridor Mixed Use Garden Office O 0 � 'v [31 z U Community Commercial Regional Commercial Parks/Open Space 1-2 Heavy Ind.1 Reference Conditions 81291 Animal shelter 5 P P SVMC 19.60.080(6)(6) P Permitted Use R Regional Siting S Conditions Apply A Accessory Only T Temporary Permit C Conditional Use Permit CTA-0 I-12 code text amendment—PIanning Commission's Recommendation