Zoning measures approved

Cheney’s Planning Commission approved a pair of measures at its regular monthly meeting Jan. 12 recommending changes to the city’s municipal code Chapter 21 on zoning.

The first was Ordinance W-55 that proposed housekeeping amendments to address errors and omissions in the chapter found by city staff after it came back from third-party codifiers. Most of the changes were typos or incorrectly numbered items.

Planner Brett Lucas did point out three errors to the commission where text was added or moved around within the chapter. The first of these would allow manufacturing and/or production use to take place as an ancillary use when in conjunction with a retail, restaurant or food service use.

As an example, Lucas said it would allow a restaurant to also operate a small microbrewery in order to brew its own beer products. Neither Lucas nor Public Works Director Todd Ableman said the use was inserted with any specific business in mind.

According to the Washington Liquor Control Board, New Boundary Brewing submitted an application on Dec. 10, 2014 for a liquor license to operate a microbrewery/tavern in downtown Cheney at the corner of College Avenue and First Street.

Another change addressed by the ordinance moved language on landscaping definitions, screening, see-through buffers and open area landscaping to a more appropriate chapter. A final change inserted language allowing scrolling electronic message center signs, not exceeding 6 inches in height and 30 inches in length, in the C-1 Commercial Zone in situations where the businesses primary sign was located away from First Street.

The commission also approved Ordinance W-59 that amends Chapter 21’s section on overlay zones. The ordinance removes the requirement for the zone’s special designation in the comprehensive plan, and allows for the definition and establishment of uses, standards and procedures for overlay zones that are in addition to permitted uses in the underlying zones.

At its Dec. 23 meeting, the City Council passed an emergency ordinance establishing a Marijuana Overlay Zone covering the Farmers and Merchants Center after a medical marijuana dispensary won an appeal by the city to the Spokane County Hearing Examiner. The city has recommended denial of the dispensary’s business license because it was located within 1,000 feet of a game arcade, a sensitive use defined by state law.

The examiner disagreed with the city that the business, Rosa’s Pizza/Cheney Lane’s, could be defined as a game arcade.

The city has scheduled a public hearing for Feb. 9 on the emergency ordinance. Lucas told the commission that the new ordinance allowing establishment of overlay zones would still require a public process before any zone could be approved.

“It’s kind of like a conditional use permit, except for a larger area,” Commissioner Keith Fauerso said.

Finally, Ableman gave the commission a year in review of planning activities in 2014. The department experienced an uptick in building permit activity in 2014 with 405 permits filed. The activity generated new construction valuation to the city of $5,260,347, a 23.5 percent increase over 2013 numbers but well below the over $21 million the city saw in 2012, thanks to construction at Eastern Washington University.

John McCallum can be reached at jmac@cheneyfreepress.com.