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Agenda 10/13/2011 S�'TYol�ane p Valle � Y Spokane Valley Planning Commission Agenda City Hall Council Chambers, 11707 E. Sprague Ave. October 13, 2011 6:00 p.m. L CALL TO ORDER IL PLEDGE OF ALLEGIANCE IIL ROLL CALL IV. APPROVAL OF AGENDA V. APPROVAL OF MINUTES: VL PUBLIC COMMENT: On any subject that is not on the agenda VIL COMMISSION REPORTS VIIL ADMINISTRATIVE REPORT IX. COMMISSION BUSINESS NEW BUSINESS: STUDY SESSION-CTA-04-11: PROPOSED TEXT AMENDMENT TO CHAPTER 19.120 USE MATRIX,ALLOWING SOLID WASTE RECYCLING IN MIXED USE AREAS. X. FOR THE GOOD OF THE ORDER XL ADJOURNMENT COMMISSIONERS CITY STAFF Joxlv G. CA�oLL,Cxaix Joxlv HoHMAN,CD DIxECTOx MARCIA SANDS,VICE CFIAIR SCOTT KUHTA,PLANNING MGR,AICP BILL BATES RUSTiN HALL STEVEN NEILL 70E MANN DEANNA GRIFFITH,SECRETARY JOE STOY WWW.SPOKANEVALLEY.ORG CITY OF SPOKANE VALLEY Request for Planning Commission Review Meeting Date: October 13, 2011 Item: Check all that apply: ❑consent ❑old business ❑ new business ❑ public hearing � information ❑ admin.report ❑ pending legislation FILE NUMBER: CTA-04-11 AGENDA ITEM TITLE: Study Session—Amendment to the Spokane Valley Municipal Code DESCRIPTION OF PROPOSAL: A privately initiated text amendment to the Spokane Valley Municipal Code (SVMC) to add a Recycle Facility to Section 19.120 Permitted and Accessory Uses; Sections 19.60.050 B, 19.60.060 B, 19.060.080 B of the Supplemental Permitted Use Regulations; and Appendix A Definitions. GOVERNING LEGISLATION: SVMC 17.80.150 and 19.30.040 PREVIOUS ACTION TAKEN: None NOTICE: Notice for the proposed amendment to SVMC was placed in the Spokane Valley News Herald on October 7, 2011. Notice for the proposed amendment was provided consistent with applicable provisions of SVMC Title 17. APPROVAL CRITERIA: SVMC Section 17.80.150(F) provides approval criteria for text amendments to the SVMC. The criterion stipulates that the proposed amendment(s) must be consistent with the applicable provisions of the Comprehensive Plan and bear a substantial relation to the public health, safety, welfare, and protection of the environment. OPTIONS: A public hearing for the proposed text amendment is scheduled for October 27, 2011. STAFF CONTACT: Mike Basinger, AICP, Senior Planner ATTAC H M E NTS: Staff Report and Planning Commission Findings Draft amendment(s)to SVMC Zoning map identifying the application of CTA-04-11 1of1 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION (Pf]Uf' �]Q�n!� $TAFF REPORT AND RECOMMENDATION TO THE ,�Vall�� PLANNING COMMISSION CTA-04-11 RECYCLING FACILITY STAFF REPORT DATE:OCtOb21" 13, 2011 HEARING DATE AND LOCATION: OCtOb21" Z7, 2011, 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 pl"IVat2Iy initiated text amendment to the Spokane Valley Municipal Code (SVMC) to add a Recycle Facility to Section 19.120 Permitted and Accessory Uses; Sections 19.60.050 B, 19.60.060 B, 19.060.080 B of the Supplemental Permitted Use Regulations; and Appendix A, Definitions. This proposal is considered a non-project action under RCW 43.21C. PROPOSa�LocarioN:The proposal affects the entire City of Spokane Valley,Washington. APPLICANT: DWIgIIt J. HUCY12, 9101 N Mt. View Lane, Spokane, WA 99218 APPROVAL CRITERIA: TIt�2 17 �G21121"a� PI"OVISIOIIS� alld TIt�2 21 �EllVll"OIlCY121lta� C011tl"0�5� Of th2 SVMC. SUMMARY oF RECOMMENDATION: TIl2 Planning Division recommends that the Planning Commission approve the proposed text amendment to the SVMC. STAFF PLANNER: MIIC2 BaSlllg2l", AICP, Senior Planner, Community Development Department BACKGROUND INFORMATION A. APPLICATION PROCESSING Chapter 17.80 Permit Processing Procedures in the SVMC. The following summarizes key application procedures for the proposal. Application Submitted: September 2, 2011 Determination of Completeness: September 29, 2011 Issuance of an Optional Determination of Non-Significance (DNS): October 7, 2011 End of Appeal Period for DNS: November 4, 2011 Date of Published Notice of Public Hearing: October 7, 2011 Date of Mailed Notice of Public Hearing: October 7, 2011 B. SUMMARY OF TEXT AMENDMENTS II. FINDINGS AND CONCLUSIONS SPECIFIC TO SEPA Findings: Pursuant to SVMC Title 21 (Environmental Controls), the lead agency has determined that this proposal does not have a probable significant adverse impact on the environment. An Environmental Impact Statement (EIS) is not Staff Report and Recommendation to the Planning Commission Page 1 of 4 required under RCW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. Conclusion(s): The procedural requirements of the State Environmental Policy Act (SEPA) and SVMC Title 21 have been fulfilled by the applicant's submittal of the required SEPA Checklist, and the issuance of the City's threshold determination consisting of a DNS. III. FINDINGS AND CONCLUSIONS SPECIFIC TO THE COMPREHENSIVE PLAN AMENDMENTS A. COMPLIANCE WITH TITLE 17(GENERAL PROVISIONS)OF THE SPOKANE VALLEY MUNICIPAL CODE Findings: SVMC Section 17.80.150(F) provides approval criteria that must be considered when the City amends the SVMC. 1. The proposed privately initiated text amendment is consistent with the general vision of the Comprehensive Plan; Staff Response: The principle purpose of the Comprehensive Plan is to provide goals and policies that guide development within the City of Spokane Valley based on the community's identified vision. Text amendments consistent with the goals and policies in the Comprehensive Plan should assist in the implementation of City's overall vision. When considering text amendments and how they relate to the goals and policies in the Comprehensive Plan it is important to examine all potentially relevant goals and policies, reconcile them, and then make a balanced decision consistent with overall vision. In this case, the Planning Commission must determine zoning districts that are most suitable for a recycling facility. The following goals and policies are generally related to the proposed amendment. A brief analysis is provided for Planning Commission consideration. TP-8.1: Use the City's transportation system and infrastructure to support desired land uses and development patterns. Analysis: The proposed amendment would limit truck traffic associated with a recycling facility to arterials and state highways. TP-8.2: Allow a variety of services within neighborhoods that are convenient to and meet the needs of neighborhood residents, decreasing the need for driving. Analysis: Allowing a recycling facility to be located in the suggested zones could provide residential neighborhoods convenient access to recycle reusable products. CFG-5: Promote the reduction, re-use and recycling of solid waste. Analysis: Allowing a recycling facility to be located in the suggested zones could promote recycling of reusable products. EDP-6.1: Encourage the retention, development and recruitment of environmentally friendly businesses. Staff Report and Recommendation to the Planning Commission Page 2 of 4 Analysis: Recycling can conserve the consumption of resources, energy and space used in landfills. The proposed amendment would allow a recycling facility to be located in a broader spectrum of zoning classifications potentially promoting the reuse of recyclable products. Based on the preceding goals, policies and analysis, the proposed text amendment is consistent with the overall vision of the City's adopted Comprehensive Plan. 2. The proposed amendment bears a substantial relation to public health, safety, welfare, and protection of the environment; Staff Response: The proposed amendment would permit recycling facilities in the Community Commercial, Regional Commercial and Corridor Mixed Use zoning districts. Currently, the SVMC categorizes recycling with solid waste transfer stations permitted in the Light Industrial and Heavy Industrial districts. The applicant requests that recycling facilities be addressed separately as a facilities that accept recyclable materials where the principle function would be to separate and store materials for shipment to end-use markets. The amendment would require all operations to be conducted within an enclosed building where noise and liter could be controlled to ensure land use compatibility. The amendment further stipulates that there must be direct access to an existing arterial or state highway. The proposed amendment can provide convenient access to a recycling facility. The public health, safety, welfare, and protection of the environment would be ensured by regulations currently in place in the SVMC and would be furthered by the conditions stipulating that the recycling facility activities be conducted indoors and that direct access would be limited to arterials or state highways. Conclusion(s): The proposed privately initiated text amendment to the SVMC is consistent with the approval criteria contained in the SVMC. IV. STAFF RECOMMENDATION The Planning Division, after review and consideration of the proposed privately initiated text amendment and applicable approval criteria, recommends that the Planning Commission recommend approval of CTA-04-11. V. PLANNING COMMISSION FINDINGS The Planning Commission is required to adopt findings of fact (Sections 17.80.140 & 17.80.150)when recommending changes to the SVMC. At the conclusion of the hearing for the text amendment to the SVMC, the Planning Commission, by separate motion, should adopt findings of fact. Findings: Staff has prepared the following findings for the Planning Commission in the event there is concurrence with the recommended approval. SVMC Section 17.80.150(F) provides approval criteria that must be considered when the City amends the SVMC. Planninp Commission Findinps: 1. The Planning Commission finds the proposed privately initiated text amendment to be consistent with the applicable provisions of the City's Comprehensive Plan; City of Spokane Valley Goals and Policies Staff Report and Recommendation to the Planning Commission Page 3 of 4 a. CFG-5: Promote the reduction, re-use and recycling of solid waste. b. TP-8.1: Use the City's transportation system and infrastructure to support desired land uses and development patterns. c. TP-8.2: Allow a variety of services within neighborhoods that are convenient to and meet the needs of neighborhood residents, decreasing the need for driving. d. EDP-6.1: Encourage the retention, development and recruitment of environmentally friendly businesses. 2. The Planning Commission finds the proposed privately initiated text amendment to bear a substantial relation to public health, safety, welfare,and protection of the environment; The proposed privately initiated text amendment will provide a definition for a recycling facility, specifically addressing the use and limiting the processing of materials to separation. Precautions will be taken to contain trash or non-recyclable materials and to prevent potentially hazardous fluids from escaping the site via storm water. Zoning districts permitting a recycling facility will be required to meet the following: a. All materials, including non-recyclable materials, must be contained indoors. b. All activities must meet the noise requirements of SVMC 7.05.040(L). c. When adjacent to an existing residential use or residential zone screening in SVMC 22.70.030(B) shall be required. d. Access to site is limited to an existing arterial or state highway. Recommended Motion: The Planning Commission adopts the findings in the staff report and recommends approval of CTA-04-11, a text amendment to the SVMC, to add a Recycling Facility to Section 19.120 Permitted and Accessory Uses; Sections 19.60.050 B, 19.60.060 B, 19.060.080 B of the Supplemental Permitted Use Regulations; and Appendix A Definitions. Staff Report and Recommendation to the Planning Commission Page 4 of 4 PROPOSED AMENDMENTS TO CHAPTER SVMC CHAPTER 19.60, CHAPTER 19.120, AND APPENDIX A DEFINITIONS Chapter 19.60 DISTRICT PURPOSE AND SUPPLEMENTAL USE REGULATIONS—COMMERCIAL, OFFICE AND MIXED USE ZONES 19.60.050 C,Community Commercial district. A. The Community Commercial classification designates areas for retail, service and office establishments intended to serve several neighborhoods. Community Commercial areas should not be larger than 15 to 17 acres in size and should be located as business clusters rather than arterial strip commercial development. Community Commercial centers may be designated through the adoption of the Comprehensive Plan, Comprehensive Plan amendments or through subarea planning. Residences in conjunction with business and/or multifamily developments may be allowed with performance standards that ensure compatibility. B. Supplemental Permitted Use Regulations. 1. Indoor kennels, doggie day care facilities and kennels associated with veterinarian clinics; provided, that: a. There are no outside runs or areas; b. The structure(s) housing animals is adequately soundproof to meet the requirements of Chapter 173-60 WAC; c. One parking stall provided for every 10 animal confinement areas; and d. Compliance with noise standards for a commercial noise source as identified by WAC 173-60-040 has been demonstrated by the applicant. 2. Wind turbine support tower provided the provisions of SVMC 19.40.110 are met. 3. All storage in the C district shall be within an enclosed building; provided,that retail products which are for sale or rental may be displayed outdoors during business hours only, so long as the storage does not occur within any required front or flanking street yard or in any public street or right-of-way.Vehicles, machinery or other items normally displayed for sales purposes on an open lot may be so displayed. No inoperable or not currently licensed vehicles or remnants thereof shall be stored or displayed out of doors. (Ord. 08-002 § 1, 2008; Ord. 07-015 §4, 2007). 4. Indoor recyclin�facility; provided that: a. All materials, includin� non-recvclable materials, must be contained indoors. b. All activities must meet the noise requirements of SVMC 7.05.040(L). c. When adiacent to an existin� residential use or residential zone screenin� in SVMC 22.70.030(B) shall be required. d. Access to site is limited to an existin�arterial or state hi�hwav. Page 1 of 3 19.60.060 RC, Regional Commercial district. A. The Regional Commercial designation allows a large range of commercial and business uses. Community design guidelines address design quality, mixed use, and the integration of auto, pedestrian, and transit circulation. B. Supplemental Permitted Use Regulations. 1. Caretaker dwelling unit limited to custodial, maintenance, management or security of a commercial property. 2. All storage in the RC district shall be within an enclosed building or within an area screened by a Type I screen consistent with the provisions of SVMC 22.70.030; provided, that retail products which are for sale or rental may be displayed outdoors during business hours only, so long as the storage does not occur within any required front or flanking street yard or in any public street or right-of-way.Automobiles, recreational vehicles, machines and other items normally displayed for sales purposes on an open lot may be so displayed. 3. Indoor kennels, doggie day care facilities and kennels associated with veterinarian clinics; provided, that: a. There are no outside runs or areas; b. The structure(s) housing animals is adequately soundproof to meet the requirements of Chapter 173-060 WAC; c. One parking stall provided for every 10 animal confinement areas; and d. Compliance with noise standards for a commercial noise source as identified by WAC 173-60-040 has been demonstrated by the applicant. (Ord. 08-002 § 1, 2008; Ord. 07-015 §4, 2007). 4. Indoor recvclin�facilitv; provided that: a. All materials, includin� non-recvclable materials, must be contained indoors. b. All activities must meet the noise requirements of SVMC 7.05.040(L). c. When adiacent to an existin� residential use or residential zone screenin� in SVMC 22.70.030(B) shall be required. d. Access to site is limited to an existin�arterial or state hi�hwav. 19.60.080 CMU, Corridor Mixed Use district. A. The Corridor Mixed Use designation is intended to enhance travel options, encourage development of locally serving commercial/retail uses, higher density residential, lodging and offices along major transportation corridors. B. Supplemental Permitted Use Regulations. 1. The outdoor storage provisions contained in SVMC 19.60.050(B)(3) shall apply to the CMU district. Page 2 of 3 2. Front and flanking street yard setbacks shall be 20 feet, except as otherwise provided. 3. Projects with residential components shall provide 210 square feet of open space per dwelling unit conforming to the requirements of SVMC 19.40.020(E) and eligible for reduction for improvements on the same basis; provided, that: a. The requirement does not apply to the development of less than 10 new dwelling units; and b. Additional open space is not required for residential development located within 1,300 feet of a public park. 4. Indoor recyclin�facility; provided that: e. All materials, includin� non-recyclable materials, must be contained indoors. f. All activities must meet the noise requirements of SVMC 7.05.040(L). �. When adiacent to an existin� residential use or residential zone screenin�in SVMC 22.70.030(B) shall be required. h. Access to site is limited to an existin�arterial or state hi�hway. Chapter 19.120 PERMITTED AND ACCESSORY USES INAICS Schedule of Corridor Community Regional Light Heavy Permitted Uses Mixed Use Commercial Commercial Industrial Industrial I Appendix 19-A I56292 Recycling Facility S S S P P Appendix A DEFINITIONS Recvclin� Facilitv: A Facilitv that accepts recvclable materials and mav perform some processin� activities. The principle function is to separate and store materials that are ready for shipment to end- use markets, such as paper mills, aluminum smelters or plastic manufacturin� plants. Processin� activities may include balin�, compactin�, flattenin�, �rindin�, crushin�, mechanical sortin�, or cleanin�. 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